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Home My WebLink About6/11/2012Im Town of Los Altos Hills City Council Special Meeting Minutes Monday, June 11, 2012 Council Chambers, 26379 Fremont Road, Los Altos Hills, California Note: This document contains link that work in combination with the online version of the Minutes. CALL TO ORDER (6:00 P.M.) A. Roll Call Present: Mayor Larsen, Vice Mayor Waldeck, Council Member Mordo, Council Member Radford, Council Member Summit Absent: None Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Assistant City Attorney Jason Rosenberg, Planning Director Debbie Pedro, City Clerk Deborah Padovan B. Pledge Of Allegiance 1. AGENDA REVIEW There were no changes to the agenda. 2. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Council on any subiect not on the agenda may do so now. Please complete a Speaker Card located on the back table of the Council Chambers and submit it to the City Clerk. Comments are limited to two (2) minutes per speaker. California law prohibits the Council from acting on items that do not appear on the agenda. Under a Resolution previously adopted by the Council, such items can be referred to staff for appropriate action, which may include placement on the next available agenda. There were no Presentations from the Floor. 3. PUBLIC HEARINGS A. Appeal of Dangerous Dog Permit Revocation (Permits: DAP -1-10, DAP -2-10) and Reconsideration of the Dogs Dangerous Animal Status (Staff. C. Cahill) City Council Special Meeting Minutes June 11, 2012 Mayor Larsen outlined the procedure in which the appeal would be heard. The appellants will be allowed to speak openly with no time limit. Public comments are limited to two minutes each. The appellant has requested the ability to cross-examine witness that provide live testimony at this meeting. If the appellant would like to ask questions, all questions must be addressed through the Mayor who will ask the individuals to respond accordingly. If the appellant has any questions, he/she must ask them at the conclusion of each speaker, rather than at the end of all speakers. Each member of the public who speaks receives a two -minute limit. Any additional questions are not included in that two -minute limit. The cross-examination questions must be specific to the subject matter and addressed to the Mayor, who will screen the questions. There shall be no cross examination on documents unless necessary to authenticate. City Manager Carl Cahill presented the staff report. Ex Parte Communication. Council Member Radford reported that he had contact with Susan Stark three or four weeks ago to discuss the matter. Council Member Summit stated that she had no contact with owners or neighbors other than receiving emails. Council Member Mordo had a brief phone call. Vice Mayor Waldeck met with Mr. Behn in November and received several emails from Susan Stark. Mayor Larsen had a conversation with Mr. Scher at the Pet Parade and he has spoken with Mr. Behn via telephone. Martina Contraras responded to Vice Mayor Waldeck's questions regarding her report dated May 9, 2012. Mr. Gerald Scher and Ms. Susan Stark presented their appeal to the City Council. Jacqueline Scher spoke regarding the November 7, 2011 incident. Mia Scher read a statement. Julie Bond, Certified Animal Behaviorist, spoke on behalf of the Scher Family. Trish Wamsat, Adobe Dogs, spoke on behalf of the Scher family. Council discussion with appellants ensued. Mayor Larsen opened the PUBLIC HEARING. Justin Berglund, Los Altos, stated the reason the Creekside Oaks Homeowners Association wrote a letter regarding the dogs because of the public hearing notice. He added that none of the experts have evaluated the dogs while off the property. Lindsay Carpenter, Los Altos, observed two black Labradors on Sunday, June 2nd at approximately 10:40 a.m. running down the street. There were no adults and no leashes present. 2 City Council Special Meeting Minutes June 11, 2012 Jack Kelly, Los Altos, completed some research and found that the Town of Los Altos Hills does have a leash law and the residents may be issued a citation if the dogs are not on leash. He requested that the Town maintain the dangerous dog label and since the owners have admitted violating the law, a citation be issued. Bill Bethke, Los Altos, spoke about the Summer of 2010 when he walked up O'Keefe for exercise. As he approached Cantata Lane, the dogs came charging out to harass him for a period of about 10 minutes. Carol Kelly, Los Altos, has concerns because she has seen the dogs twice and they run like a pack through the property across the grass. The dogs run very fast and she has concerns for the elderly people in the complex. Bill Behn, Los Altos Hills, stated that he is not afraid of dogs, but he does have concerns for safety. Craig Carpenter, Los Altos, expressed his belief that the bottom line is that the owners have not lived up to the agreement that they made some time ago. Deputy Howell, Santa Clara County Sheriffs Office, spoke specifically about the incident on November 7, 2011. Mr. Scher, through the Mayor, asked questions of Deputy Howell. Deputy Howell, through the Mayor, responded to Mr. Scher's questions. Suzanne Small, Los Altos, told the Council she has had dogs all her life. She doesn't want to see the dogs euthanized; however, she would like to be able to walk out her door and walk up O'Keefe and not be afraid. Ms. Stark, through the Mayor, asked questions of Ms. Small. Ms. Small, through the Mayor, responded to Ms. Stark's questions. Marjorie Berglund, Los Altos, is baffled by the owners having an electric fence, but not activating it. She further said that "talk is cheap, actions speak." Council Member Summit described her personal experience with the dogs. Vice Mayor Waldeck described his personal experience with the dogs. Mr. Scher and Ms. Stark provided a rebuttal. Mayor Larsen closed the PUBLIC HEARING. Council discussion ensued. City Council Special Meeting Minutes June 11, 2012 Council recess at 10:00 p.m. Council reconvened at 10:08 p.m. MOTION SECONDED AND CARRIED: Moved by Vice Mayor Waldeck, seconded by Council Member Mordo and passed unanimously to grant the appeal by Mr. Scher and Ms Stark regarding the revocation of the Dangerous Animal Permits (DAP -1-10 and DAP -2-10); accept the agreement by Mr. Scher and Ms. Stark to keep the dogs adequately secured on the property in either the existing enclosure or within a combination of existing and newly constructed fencing (pursuant to fence permit) that will adequately contain the dangerous animals on the property located at 25280 Cantata Way (APN 175-39-006)• accept the voluntary withdrawal by Mr. Scher and Ms. Stark regarding the request to reconsider the dangerous animal determinations: and accept the agreement by Mr. Scher and Ms Stark to abide by all existing dangerous animal permit conditions If the dogs are found unrestrained outside of an enclosure, Mr. Scher and Ms. Stark acknowledge that they will be in violation of the dangerous animal permits. 4. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES Vice Mayor Waldeck stated that in July there will be a bicycle run at Foothill College. 5. STAFF REPORTS A. City Manager B. City Attorney C. City Clerk D. Planning Director No staff reports were presented. 6. COUNCIL INITIATED ITEMS There were no Council initiated items. 7. ADJOURNMENT The meeting adjourned at 10:25 p.m. Respectfully submitted, Deborah Padovan City Clerk 4 City Council Special Meeting Minutes June 11, 2012 The minutes of the June 11, 2012 special City Council meeting were approved as presented at the July 31, 2012 special City Council meeting. City Council Special Meeting Minutes June 11, 2012