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M-10/5/1993 I I I 211 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 5, 1993 A regular meetmg of the Santa Momca CIty Councd was called to order by Mayor Abdo at 6'47 PM. on Tuesday, October 5, 1993, in the Councd Chambers Roll Call Present Mayor Judy Abdo Mayor Pro Tempore Antomo Vazquez (arrived at 7.09 P.M ) Counctlmember Ken Genser Counctlmember Asha Greenberg Councilmember Robert T. Holbrook (arrived at 7 22 P.M ) Counctlmember Kelly Olsen Councilmember Paul Rosenstem Also Present City Manager John Jahh Actmg CIty Attorney Joe Lawrence City Clerk Clarice E. Dykhouse Councilmember Rosenstein led the assemblage III the Pledge of AllegIance to the Flag of the Umted States of Amenca 8-A DOGS IN PARKS Presented was an ordmance for mtroductlOn and fIrst readmg amendmg the Clty's aruma! control laws penmttmg leashed dogs m a park, speclfymg the length of leashes for dogs, mcreasmg the fme for fadure to abate a nUIsance by a dog and permlttmg the deSIgnation of off-leash areas III pubhc parks for dogs, and a resolutIOn instItuting a SIX- month trial period during which dog owners have access to designated public parks with their pets. Councd asked questions of staff. At 6.55 PM, Mayor Abdo declared the pubhc hearing open Member of the public Karen Brooks spoke III support of the proposal WIthOut a limitatIOn on hours m unleashed parks Members of the pubhc Tom Pyne, Ann Hiller (for Senator Tom Hayden), Connne Calvet, Ruth Stemock, Suzy Boyett, Jenmfer Wolch, MIchael Dear, Callie Warfield, James Zemelman, ClaudIa Harrmgton, Mary Howard, Chris Pelham, Anthony George, Donna Wilson, Patty Manpearl, Use Peterson, Janette Wilson, CoCo Reynolds, Sam ZivI, Irene ZivI, Kathy Weremmk, Kathy F]ennedac, Joseph Merlmo, Colleen Baker, Wilham Ostrander, Barbara Pokras, Debbie Lee, Paulene Bohannon, Justin MacCarthy, and Jean Dennis spoke m support of the proposal. Member of the public Paul ArnoldI spoke in support of the proposal and suggested posting of sIgns statmg fmes. Member of the pubhc Joy Fullmer expressed her concerns Members of the pubhc LOIS N ashner, LeIgh Hovey, Tom Snyder, and Ken Ward spoke m opposItion to the proposal Members of the pubhc DaVId WarfIeld, Tony October 5, 1993 1 212 Halg, Lori Gilbertsen, and LIsa Lawford spoke In support of the proposal and suggested allowance of off-season use of the beach Members of the publIc B Fenn, Margarete Hm, I Brian Fox, Shell Abrahamson, Sue-Ann Schwalie, and Don Ferguson spoke In opposition to the use of Marine Park as an off-leash area Member of the public John Weaver spoke In support of the proposal and In OpposItIon to the increase in fines. Mayor Pro Tempore Vazquez reported present at 7:09 P.M. Councllmember Holbrook reported present at 722 P M. Councllmember Genser moved to hear late speakers Second by CouncIlmember Rosenstein The motIon was approved, CouncIlmember Olsen opposed Member of the public Joe FItzpatrick spoke in support of the proposal with the exceptIon of allowing dogs In PalIsades Park Members of the publIc HIldreth Sunmons, EIleen Ziff, Mark Berman. Lisa Rose, Wendy Amber, Hillary Struthers, SylVIa Sharp, Randi Hockman, and LInda Armstrong spoke m support of the proposal Members of the publIc John Jurenka, Leon Bernstem, and Adam BlumensteIn spoke m OppOSItIon to the proposal Mayor Abdo closed the public heanng at 8 53 P M At 8 53 PM, Council adjourned for a short recess Council reconvened at 920 PM with all members present 8-A: DOGS IN PARKS (RESUMED) CounCIl asked questIons of staff Councilmember Rosenstem moved to mtroduce the ordinance as prepared by staff, with the followmg amendments. 1) to include Joslyn Park as the only off-leash park, 2) there be no trme restrictIons, 3) add language as follows "No person shall walk or otherwise have in his or her custody or control any dog upon any public property, mcluding any street, SIdewalk, park, parkway, or alley, unless a person has in his or her VIsible posseSSIOn matenal or Implements suffIcient to remove the dog's feces." Second by Mayor Pro Tempore Vazquez Mayor Pro Tempore Vazquez moved to amend the motton that the hours of operation for the usage of the parks by dogs be the same as hours allowed for construction work. DISCUSSIOn was held The amendment was accepted as friendly with the prOVIsion that the evemng hour be 10 00 P M DISCUSSIOn was held Councilmember Genser moved to amend the motIon that with regard to the unleashed park, that the ordInance be mtroduced as prepared WIth the prOVISIon that staff will prepare informatIon Items for Councll every two months during the six-month trial penod and If Council receIves any issues, complamts, or telephone calls that any councIlmember can agendIze the Item for modIficatIOn of the ordinance Second by Mayor Abdo DIScussion was held. Councilmember Genser tabled his motIon CouncIlmember Genser moved a substItute motIon to return to the off-leash hours, as per the ordinance Second by CouncIlmember Olsen DISCUSSIon was held. The motIon was approved by the followmg vote October 5, 1993 2 I I I I I 213 CouncIl vote Affrrmative. CouncIlmembersRosenstem, Olsen, Holbrook, Greenberg, Genser, Mayor Abdo NegatIve Councllmember Vazquez CouncIlmember Rosenstem moved to amend the motion to change Page 4, SECTION 2(1) to read "To dogs which are bemg used by dIsabled persons as gUide or servIce dogs, whIle the dogs are bemg used for such purposes" The motion was accepted as fnendly Councilmember Genser moved to amend the motion to return to the staff recommendatIOn WIth regard to unleashed parks, namely Manne and Joslyn Parks Second by Mayor Abdo The motIon was approved by the followmg vote CounCIl vote- AffirmatIve Councilmembers Rosenstein, Olsen, Greenberg, Genser, Mayor Abdo Negative: Councilmembers Vazquez, Holbrook DIscussion was held. CouncIlmember Holbrook moved to amend the motion that dogs usmg the off-leash parks be reqUlred to have a Santa Moruca dog hcense Second by Councllmember Genser Discussion was held The amendment was accepted as fnendly Councilmember Olsen moved to amend the motion to mc1ude all parks Second by CouncIlmember Greenberg. The motIon failed by the followmg vote Council vote. Affirmatlve CouncIlmembers Olsen, Holbrook, Greenberg Negative: CouncIlmembers Vazquez, Rosenstein, Genser, Mayor Abdo CouncIlmember Holbrook moved to amend the motion to delete Palisades Park as a dog use park Second by CouncIlmember Olsen. DIScussIon was held The motIon failed by the followmg vote Council vote AffirmatIve. Councllmembers Olsen, Holbrook, Greenberg NegatIve: Councllmembers Vazquez, Rosenstem, Genser, Mayor Abdo Councllmember Holbrook moved to amend the motlon that whatever IS enacted tlus evemng become effectIve January 1, 1994. The motIon was accepted as fnendly Counctlmember Greenberg moved to amend the motIon to change language m Section 404 160 that currently states, ".. .or upon those lands in the CIty lymg westerly of that certam thoroughfare, commonly known as The Promenade 11 to read' ., or upon the beach lands in the CIty lymg westerly of that certam street, commonly known as The Promenade " The mOllon was accepted as friendly CouncIlmember Olsen moved to amend the motIon to mcrease the fmes to $200 and October 5, 1993 3 214 elImmate the escalating fee schedule. DiscussIOn was held Councllmember Olsen withdrew his motion Discussion was held. The mam mohon, as amended, was approved by the I followmg vote Council vote. Affmnahve Councdmembers Rosenstein, Olsen, Greenberg, Genser, Mayor Abdo Negative Councdmembers Vazquez, Holbrook Councdmember Vazquez requested that the record reflect that he voted "no" on this monon because he feels that there should only be one off-leash park and that the hours should be unrestricted. Councdmember Holbrook requested that the record reflect that he voted "no" on thiS motion because he feels that It is mappropriate to have a dog run in Marine Park and for Palisades Park to be a dog park By virtue of the above acnon, an ordinance enntled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S ANIMAL CONTROL LAWS PERMITTING LEASHED DOGS IN A PARK, SPECIFYING THE LENGTH OF LEASHES FOR DOGS, INCREASING THE FINE FOR FAILURE TO ABATE A NUISANCE BY A DOG AND PERMITTING THE DESIGNATION OF OFF-LEASH AREAS IN PUBLIC PARKS FOR DOGS," was Introduced for frrst reading, as amended, by tltle only waiving further readIng thereof; and Resolution No 8670(CCS), enntled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INSTITUTING A SIX-MONTH TRIAL PERIOD DURING WHICH DOG OWNERS HAVE ACCESS TO DESIGNATED PUBLIC PARKS WITH THEIR PETS," was passed, approved, and adopted, as amended, readIng by nUe only and waiVIng further reading thereof. I Councllmember Gense! moved to ask staff to mvestlgate the posslbdity of glvmg park rangers citatIOn authonty, proVide Councd With a report on the operatIOn of the off-leash parks every two months, and develop mformation to be maded along WIth dog lIcense renewals at the end of the year explaming the changes in the law and mforming them of the obliganons and pnvIleges Second by Mayor Abdo. Councdmember Greenberg moved to amend the motIon to ask staff to InveStIgate the concept of restrIcting the number of ammals that a person may have in therr home and return With a report The motIon was accepted as fnendly with the proviSion that it is an mvestIgation only. DISCUSSIon was held. Mayor Pro Tempore Vazquez moved to amend the motion to mvestIgate the possIbIlIty of some sort of "port-a-potty" for disposal of ammal waste rather than unlIzanon of trash contamers The motIon was accepted as fnendly Counctlmember Rosenstein moved to amend the motIon to dIrect staff to work with the Parks and RecreatlOn Commission and Santa Moruca DOG to create a baselme survey so that there IS somethmg with WhICh to measure the experllllent and also request that staff invesngate the possibility of opening the beaches to dogs during the off-season. The monon was accepted October 5, 1993 I 4 I I I 215 as friendly Discussion was held Mayor Pro Tempore Vazquez moved to amend the motIOn to ask staff to lllvestIgate the possIbIlIty of USlllg parks, other than the ones approved thIS evemng, as off-leash areas. The motIon was accepted as friendly The motlOn was unanimously approved Mayor Pro Tempore Vazquez moved to extend the meetlllg to 11 30 PM Second by CouncIlmember Genser The motIon was approved, CouncIlmembers Greenberg and Holbrook opposed 9-A: CLOSED SESSION At 11 00 P M., CouncIl adjourned to Closed SesslOn for the purpose of discuSSlllg the cases of PIckett. et aI. v CIty of Santa Monica. et al . United States Dlstnct Court Case No CV 92-2070 WMB, and Rubm et al v City of Santa Momca, United States Distnct Court Case No. CV 93-1255 ER (Ex) At 11 42 P.M , CouncIl reconvened WIth all members present Councllmember Olsen moved to approve settlement In the amount of $1 ,000,000 in the case of PIckett Second by Councilmember Holbrook. The motion was approved by the followmg vote. Councd vote' Unannnously approved 7-0 No actIon was taken m the case of Rubin. 14-A. ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: The annual appointments of members to Boards and ComlUlssions was continued to the meetmg of October 12, 1993 14-8: COUNCIL PROCEDURES: The request of Counctlmember Rosenstem to dISCUSS consideratIon of Council procedures was contmued to the meetIng of October 12, 1993 14-C HOMECARE PUBLIC AUTHORITY FOR IN-HOME SUPPORTIVE SERVICES PROGRAM The request of Mayor Pro Tempore Vazquez to dISCUSS CIty CouncIl approval of a resolutIon supportmg a Homecare Public AuthOrIty for the In-Home Supportive Servlces program in Los Angeles County was contmued to the meetmg of October 12, 1993 15 PUBLIC INPUT. There were no members of the pubhc wishing to speak October 5, 1993 5 Lit> ADJOURNMENT At 11.45 P M l the meeting was adjourned to October 12, 1993, at 5 45 I PM. for Closed Session and 700 P M for the regular meetmg ATTEST ~/~. ~4~ t/YIz~ ~ '/ Clance E Dykhouse CIty Clerk APPROVED- Jj~~~ Mayor October 5, 1993 6 I I