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6/23/1975A MINUTES OF THE REGULAR MEETING OF THE -CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA June 23, 1975 A regular meeting of the City Council was called to order by Mayor Heinsheimer at 7:30 P.M. Monday, June 23 at La Cresta School. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: PUBLIC HEARING Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer Douglas Rogers Teena Clifton William Kinley June Cunningham Residents 12 City Treasurer City Manager City Attorney Secretary Mayor Heinsheimer opened a public hearing for presentation of reports by the Citizens' Committee on Dog Control Problems. The Mayor explained that Mrs. Betty Stern would be time keeper during the present ations,'which would be limited to ten minutes for historical background by Councilman Rose, ten minutes to each report by the committee as fol- lows: consensus report, areas of agreement and areas of disagreement, major and minor. Persons who wished to speak following the presentation of the report would be limited to two minutes. The Mayor explained that no dedision would be made at the meeting, and additional written comments would be accepted for five working days following the public hearing. Copies of the majority and minority reports of the Committee were dis- triblsted to residents at the meeting. During his presentation of the historical background, Council- man Rose, Council liaison member on the Committee, reported that as far as the Committee could determine, Rolling Hills is the only commun- ity which does not have a leash law. Review of Rolling Hills ordinances indicated that no more than three dogs over four months of age could legally be kept in Rolling Hills-unless--a-kennel'license is issued, and the prohibition in the Zoning Ordinance against commercial activity extends to kennel licenses. In an effort to clarify the issue of whether more than three dogs per household could be permitted, a committee was formed consisting of volunteers from the Community, so all points of view could be presented and considered. The Committee attempted to define the problems associated with dogs, and after the problems were identified the Committee attempted to find solutions so recommendations could be made to the Council. A proposed ordinance was formulated which would combine all existing ordinances pertaining to animal control, and Councilman Rose said the proposed ordinance, in draft form, has been submitted with the Committee s report. The report as finalized presents the opinion of the majority of the Committee and, the opinion of the minority of the Committee, and Councilman Rose said it does not neces- sarily represent the majority opinion of the Community. Mayor Heinsheimer introduced Mrs. Velma Matthews, Committee chairman, who announced that the Committee consisted of Mr. and Mrs. Barry Becker, Mr. and Mrs. Robert Dunn, Mrs. Pam Gaian, Mrs. Joanne Gibbons, Dr. and Mrs. Howard Jensen, Mrs. Gordana Swanson, Mrs. Adrian Weiss, Mrs. Jo- Woodley and Mrs. Louise Zimmerman. Mrs. Matthews said Mr. John Downing and Mrs. Catherine Partkidge were originally on the Committee, but were unable to participate because of other commitments. Mrs. Matthews said records of the Animal_.Control Department indicate that 550 dogs were licensed last year, and 470 this year,, 445. - June 45 June 23, 1975 which would indicate that there is less than -one dog per household. The problems defined by the Committee were dogs running in packs, female dogs in season which result in dogs roaming and howling, and in random breedings, and excessive barking. The cause of all 'three problems is usually unattended dogs, whose owners are away or uncon- cerned. Dogs new in the area are also a source of much barking, but the situation is usually temporary, Mrs. Matthews said. The Committee recommended that the Animal Control Department be authorized to pick up females in season who were running loose, even if licensed. Further'. the Committee recommended that an Animal Advisory Committee consisting. of three members be established to handle complaints attested in writing by three residents, and if the Committee is unable to solve the problem, it then be referred to the City Council. With regard to dogs biting humans,. Mrs. Matthews said .there are .on.file with the City 26 affidavits confirming dog attacks in six years, and of those, 12 involved dog bites. In six cases the trash man was 1.. attacked, and Mrs. Matthews said all residents should be encouraged to Jp keep their dogs in when the trash is collected, as the motor scooter r-� used by the men seem to irritate most dogs. Regarding dogs biting other animals, the Committee has received many reports, but there is Q no record of such incidents. The Committee recommended that affidavits be filed similar to odes used when a human is attacked. Further, she said residents should be urged to keep their dogs away from schools, riding rings and tennis courts. Recently there has been concern about half breeds resulting from domestic animals breeding with`coyotes which are native to Rolling Hills. Mrs. Matthews said the sires in such breedings are bold males, and should be neutered, and all pups should be vaccinated and licensed. Mrs. Barry Becker presented the majority report of the Commit- tee, and said that the Committee was basically in agreement on most points. Mrs. Becker said it was the opinion of the majority of Commit- tee members that problems caused by dogs are not a reflection of the number of dogs kept in a household. Dog breeders and dog fanciers are very careful of their animals, which are valuable, and keep them con- fined, so limiting the number of dogs permitted would not solve the problems caused by dogs in Rolling Hills, since it was the opinion of the majority of the Committee that more problems are caused by dogs . from households of one or two dogs. The Committee agrees that commer- cial kennels which involve boarding, breeding and training of dogs for which a fee is charged, and which results in repeated production of puppies should be prohibited, but the prohibition should not include the pure-bred dog enthusiast who produces litters for his personal enjoyment and to improve the breed. Mrs. Louise Zimmerman presented the minority report of the Committee, and said that of eleven members on the Committee, eight were dog breeders or dog fanciers. The three major problems brought to Councils are traffic, crime and dogs, Mrs. Zimmerman said, and it has been determined that the best behaved animal at home can be a nui- sance if allowed to run free on other property, and many dogs are turned loose at night, and she urged that the number of dogs .in a community with no leash law be'limited. Further, the Committee recom- mended that a "grandfather clause" be adopted, permitting residents who have more than three dogs to keep them for the duration of the animal's natural life, but that new residents be advised of a limit to the number of dogs permitted per household. Mrs: Gordana Swanson said she is in disagreement with the Committee's recommendation for a three person Animal Advisory Commit- tee receiving a complaint attested by three residents living in different homes°; it' is -her opinion that any person, any jogger, any resident whould have an opportunity to make a complaint without need -2- June 23, 1975 for two additional people to ..corroborate, the report. Since the pri- mary purpose of a dog kennel is for breeding and selling dogs, Mrs. Swanson suggested that if kennels were permitted in Rolling Hills, a revocable variance should be granted, with requirements for notifi- cation of surrounding residents similar for those required for zoning variances. The City of Lakewood permits two animals per household; two dogs, two cats or one of each, and Mrs. Swanson suggested that the City of Rolling Hills consider similar restrictions. Mrs. Swanson said the number of dogs licensed through the Animal Control Department is not indicative of the true number of dogs in the Community, since many dogs in Rolling Hills are not licensed. Following the presentation of reports, Mrs. Clifton explained the procedure for filing an affidavit at the City Halt following a dog bite or attack on a human. A file of affidavits is kept in the City Administration Office, Mrs. Clifton said. Councilwoman Le Conte asked Mrs. Matthetds what resources the Committee had used in preparing the draft of an animal control ordi- nance, and Mrs. Matthews said a file of materials supplied by the League of California Cities and Contract Cities, including sample or- dinances had been given her by the City staff. In reply to questions from Councilwoman Le Conte, Mrs. Becker reaffirmed her statement that dog breeders do not realize a profit because of the,time involved, in addition to advertising and other expenses. Councilman Pernell said he was impressed by the depth of the study, the isolation of the issues and the recommendations of the Com- mittee, and he asked if there were complaints from neighboring cities about dogs from Rolling Hills wandering outside of the City -into areas which have leash laws. Mrs. Matthews said there have been no complaints and the City of Rancho Palos Verdes .has asked that when the study is completed, a copy of the'Committee's report and recommendations be made available. Councilman Pernell said the explosive animal population has a definite impact on the environment, and should be considered in land use and development. Nocturnal wanderers are a problem, Council- man Pernell said. Councilman Crocker asked if the Committee would consider a nocturnal leash law, even if animals are permitted to roam during daylight hours. He suggested that animals be confined to the owners property from 10 P.M. to 6 A.M., because of the damage done by dogs and complaints about dog packs and barking during those hours. Dr. Paul Saffo, 1 Crest Road East, said he would oppose any king of a leash law for Rolling Hills, as it would destroy the rural atmosphere of the City. Mrs. Renee Rosenbloom, 14 Williamsburg Lane, said she has been breeding dogs and owns and operates a commercial boarding kennel in Baltimore, Maryland, and she wished to confirm Mrs. Becker's statements about not making money. Mrs. Rosenbloom said there is no profit in boarding, training, grooming or breeding dogs, because of the expense of showing her dogs. Mrs. Rosenbloom said she has five dogs in her home, four of them show dogs, and they are not permitted off of her property unless on a leash because of there value. She asked that no limit be placed on the number of dogs permitted residents. Mrs. Juanita Crane, 10 Caballeros Road, said she would be opposed to limiting the number of dogs, because it could lead to a limit on the number of horses, cats, goats and other animals. Damage is also caused by horses who break out, Mrs. Crane said. Dr. David Basque, 49 Eastfield Drive, said he owns one dog, one cat and two horses, and he asked the members of the Committee to -3- 1 CJ 44T .Tune 23, 1975 state how many dogs they have, and whether or not they are licensed. He listed the results as follows: Mrs. Matthews, 9 licensed dogs;. Councilman Rose, 3.1icensed dogs,. plus 2 dogs belonging to a house guest; Mrs. Becker, 5 licensed dogs; Mr. Dunn, 3 licensed dogs; Mrs. Gaian, 3 licensed dogs; Mrs. Gibbons, 3 licensed dogs; Mrso.Jensen-.. 9 dogs, 8 licensed and.l less than .four months old; Mrs. Swanson, 1 licensed log and Mrs. Zimmerman, 1 licensed dog. Dr. Basque asked how.the Committee was selected, and Mrs. Matthews said all all had . volunteered. Mrs. Gaian said that eight of the Committee members: are. also.d.og breeders. Councilman Pernell asked Dr. Basque if he thought. the report had any major -distortions or omissions, and Dr. Basque said he.considered the report very complete. Councilman Rose said minutes of all Committee meetings are at the City Hall for review by anyone. _ who wishes to read them for more detail of discussions. Mrs. Cathering Partridge, 69 Portuguese Bend Road, said she wished to commend Mrs. Swanson and Mrs. Zimmerman on their presentation .of the minority report. Mrs. Partridge said there are two main prob- lems; that of commercial dog raising, and that of dog behaviour; damage 00 is done to homes and birds are killed by dogs running loose. Mrs. Partridge said the welfare, safety and happiness of residents, not animals, is the -main issue, and she asked the Council to beef up the Q existing ordinances.. Mrs. Partridge submitted a petition containing Q 120 signatures asking that the Council pass an amendment to Ordinance No. 79 controlling the number of dogs per household within,, the City limits. Mr. Thomas Ortner, 52 Portuguese Bend Road, said that before a decision is made on whether to permit kennels .in Rolling Hills, members of the Council should visit a commercial kennel to _seewhat is involved. Approval of one commercial venture would -.open the.door to other commercialism in the City, Mr. Ortner said. -Councilwoman ,Le Conte asked whether dog breeding is a commercial activity, and Mr. Ortner said dog breeding involves advertising, and increased traffic caused by bringing in dogs for breeding purposes, and additional traffic when.the dogs are sold. Mrs. Kip.Golareyer, 3 Quail Ridge Road North, said she is.. concerned about large dogs, since statistics indicate that there is an increase in the number.of small children bitten at face level by large dogs. Mrs Goldreyer-' said keeping of half breed dogs resulting from mating.between aggressive males and coyotes should be prohibited. Dr. Arthur Zimmerman, 12 Cinchring Road, said he disagreed with the statement that residents who have large numbers of dogs take better care of them than residents who own one dog. With regard to lack of profit from breeding and raising dogs, Mrs. Swanson said that although it may not be a profitable business, it is still a business and should be considered a commercial activity. Mrs. Carole Hoffman 73 Portuguese Bend Road, suggested that the Council consider not im- posing a limit on the number of dogs permitted at this time, but if the Committee confers with a party about whom a complaint has been made and there is no compliance with the request of the Committee, a limitation could be imposed. Mr. William Kinley, City Attorney, explained that when the existing Animal..Control ordinance was drawn up in 1968, Mr. James Brogdon;--5-.Maverick Lane, was very concerned about incidents of dog ites and ferocious dogs. At that time there was no provision for confining animals after they had bitten some one,.and attention was. focused on that portion.of the problem, and the portion of the County ordinance._pertaining to requirements for a kennel license for more than three dogs over four months of age were omitted from Ordinance No. 79, although the definition of a kennel was included. The Zoning. Ordinance prohibits commercial activity, and in prohibiting the oper- ation.of a kennel and issuing a kennel license can limit the number of 'dogs. -4- June 23, 1975 Mrs. Viola Ortner, 52 Portuguese Bend Road, said she considers the City Council remiss in not enforcing the existing ordinances. Mayor Heinsheimer thereafter closed the public hearing, and said that additional written information would be accepted for five working days following the hearing and would be considered at the next regular meeting of the Council., The Mayor said, .in._reply' to Mrs" —Ortner's comment, that there are several ordinances regarding animal control, and the only real confusion is in the area of kennels; what constitutes a commercial venture, and`how-many dogs are permitted. Enforcing all requirements of the Animal Control Ordinance is difficult, since Roll- ing Hills is rural and removed from the County Animal Control Depart— ment with which it contracts. An ad hoc citizen's committee for a trial period of six months might provide a solution, the Mayor said. He then asked members of the Council to comment on the presentations Councilman Rose said he had been advised that the Animal Con- trol Department now has sufficient personnel under funded programs to assign people to Rolling Hills for a period of time, if requested, in an effort to enforce the licensing ordinance. Mavor Heinsheimer asked the City Attorney to comply ;and codify,all.'._existing ordinances pertain- ing to Animal Control in an attempt to resolve any ambiguities. Councilman Crocker said he has some reservations about an Animal Advisory Committee, since complaints about violations of ordi- nances are properly referred to the official bodies of the City which can go through the courts if necessary for enforcement. To set up a committee with quasi-judicial responsibilities could create serious problems if either party to the dispute refused the assistance and guidance of such a committee. Councilman Rose said the type of commit- tee being considered would be advisory rather than legislative. Mayor Heinsheimer said some problems are local in nature and cannot be handled effectively by the Animal Control Department; -speci- fically he mentioned joggers who are intimidated by a dog, and said that in his opinion a local committee would be more satisfactory in handling the problem. Councilman Pernell said he thought the Council should 'give serious consideration to the scope of such a committee with regard to its areas of responsibility, composition and limits of activities, and he said it should be advisory in nature, much like the Landscape Committee which works through and reports to the Community Association. Councilwoman Le Conte agreed that more effective control could be realized by appointment of a local committee operating under a new ordinance, rather than depending solely on the County Animal Control Department. Councilman Crocker suggested that residents be notified in the Newsletter that effective August 1st or any other date chosen by the Council all unlicensed dogs in the City .of Rolling Hills will be picked up and impounded by the Animal Control Department; in that way at least the licensing provisions of the Animal Control ordinance could be en- forced. He asked, further, that the Department of Animal Control be requested to report to the Council at the meeting of July 28th the number of unlicensed dogs picked up through July 20th. Mayor Heinsheimer asked that a new ordinance be put together which shows the existing ordinance, with recommended changes incorpor- ated in it, and asked that copies of the proposed ordinance and a de- tailed outline of what an Advisory Committee would do be available in the City Office by July 21, for review prior to the meeting of July -28. The matter was scheduled for discussion at the meeting of July 28th, and Councilman Crocker asked that the Council be prepared to announce at that meeting the number of dogs permitted per household in Rolling Hills. -5- 0 RECESS June 23, 1975 The meeting was recessed by the Mayor at 9:45 P..M. and -recon- vened at 9:55 R.M. GENERAL LIABILITY YNSURANCE 28` The Mayor directed that correspondence dated May 27, 1975 from he Chief Administrative Officer and a resolution from the City of Mon- erey Park -regarding General Liability Insurance'be held on..athe.agenda or discussion at the next meeting. LEAGUE OF CALIFORNIA CITIES 34 Mayor'Heinsheimer asked members of the Council to read a pro- posal for State= -.Revenue Sharing With Cities from the League of Cali- fornia.-. Cities, and he said the -::.:matter would be considered at the next Council meeting., o EMERGENCY ACTION COMMITTEE - DISASTER.PREPAREDNESS �j The matter was held on the agenda. G DE-ANNEXATION/ANNEXATION, CREST GATE PROPERTY The matter was held on the agenda. FINANCIAL STATEMENTS 40 Coun-c:ilman Crocker moved that the Financial Statement for the month of May 1975 be approved -and accepted. The motion was seconded by Councilman-Pernell and carried by the following roll call vote AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer PAYMENT OF BILLS Councilman Crocker moved that Demands No. 4577 through 4587 and 4589 through 4608 be approved for payment from the General Fund., and that Demand No. 4588 in the amount of $4,675.95, Los Angeles County Road Department be held at the City Manager's request. The motion was seconded by Councilman Rose and carried by the following roll call vote: 0 AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer CITY COUNCIL REPORTS Mayor Heinsheimer reported that he had signed the -.original of the. South Bay Corridor Study Steering Committee's Joint -Powers Agreement at the Torrance City Hall on behalf of the City of Rolling Hills. He ordered all other City Council Reports held on the agenda. ORDINANCE NO. +2.91/30 61 /30 Councilwoman Le Conte moved that Ordinance,No.-I" entitled .N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS AMENDING ORDINANCE NO. U-33 RELATING TO THE CREATION OF AN ENVIRONMENTAL QUALITY yOARD IN THE CITY OF ROLLING HILLS be adopted, and that reading in full be waived. The motion was seconded by Councilman Rose ­and carried by the following roll call vote: AYES: Councilmembers Crocker, Le Conte,.Pernell, Rose Mayor Heinsheimer am r _, 0 AGREEMENT - ENVICOM CORPORATION June 23, 1975 70 Councilman Rose moved that Phase II of the agreement between the City of Rolling Hills and Envicom Corporation in the amount of $2280 be approved, and the Mayor be authorized to sign on behalf of the City. The motion was seconded by Councilman Crocket and carried by the following roll -call vote: AYES: Councilmembers Crocker, Le Conte, Pernell, Rose Mayor Heinsheimer LETTER FROM TED BEAR 80 The Mayor read a letter dated June 23, 1975 from Mr. Ted Bear, S Wagon Lane, advising that he wished to contribute his historic wagon, which has become a landmark in the City of Rolling Hills, and would be proud to have it used in the Bicentennial celebration. Councilwoman Le Conte moved that the letter be referred to the Bicentennial Committee. The motion was seconded by Councilman Crocker and carried unanimously, and,the Mayor so ordered. VANDALISM IN ROLLING HILLS 98 Councilman Crocker said Mr. Mel Andrews, 23 Chuckwagon Road, has volunteered to meet with representatives of the City and Associa- tion to discuss vandalism in the City and make suggestions for control- ling the problem in cooperation with the -:Sheriff. Mr. William String- fellow has been authorized by the Board of Directors to meet with Mr. Andrews, who is kesponsiblo-.fot'-the 'securi.tyyisystem:at. Los Angeles Intelnafional".Airport, and he asked that .Councilman Crocker join them if the Council approves. Mayor Heinsheimer asked Councilman Crocker to report to the Council at the next meeting. ADJOURNMENT 148 There being no further business to come before the Council, the meeting was adjourned at 10:25 P.M. APPROVED: Mayor orm City Clerk 9