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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
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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
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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
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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.
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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
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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
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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
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Clance E Dykhouse
CIty Clerk
APPROVED-
Jj~~~
Mayor
October 5, 1993
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