CITY OF SANTA MONICA
CITY COUNCIL MEETING 10/05/93
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
8-A: DOGS IN PARKS: Presented was an ordinance for introduction
and first reading 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; and a resolution instituting a
six-month trial period during which dog owners have access to
designated public parks with their pets. Council asked questions
of staff. At 6:55 P.M., Mayor Abdo declared the public hearing
open. Member of the public Karen Brooks spoke in support of the
proposal without a limitation on hours in unleashed parks.
Members of the public Tom Pyne, Ann Hiller (for Senator Tom
Hayden), Corinne Calvet, Ruth Stemock, Suzy Boyett, Jennifer
Wolch, Michael Dear, Callie Warfield, James Zemelman, Claudia
Harrington, Mary Howard, Chris Pelham, Anthony George, Donna
Wilson, Patty Manpearl, Ilse Peterson, Janette Wilson, CoCo
Reynolds, Sam Zivi, Irene Zivi, Kathy Weremiuk, Kathy Fjermedac,
Joseph Merlino, Colleen Baker, William Ostrander, Barbara Pokras,
Debbie Lee, Paulene Bohannon, Justin MacCarthy, and Jean Dennis
spoke in support of the proposal. Member of the public Paul
Arnoldi spoke in support of the proposal and suggested posting of
signs stating fines. Member of the public Joy Fullmer expressed
her concerns. Members of the public Lois Nashner, Leigh Hovey,
Tom Snyder, and Ken Ward spoke in opposition to the proposal.
Members of the public David Warfield, Tony Haig, 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 Hirt, 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.
Staff Report
Mayor Pro Tempore Vazquez reported present at 7:09 P.M.
Councilmember Holbrook reported present at 7:22 P.M.
Councilmember 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 Simmons, Eileen Ziff, Mark Berman,
Lisa Rose, Wendy Amber, Hillary Struthers, Sylvia Sharp, Randi
Hockman, and Linda Armstrong spoke in support of the proposal.
Members of the public John Jurenka, Leon Bernstein, and Adam
Blumenstein spoke in opposition to the proposal.
Mayor Abdo closed the public hearing at 8:53 P.M.
At 8:53 P.M., Council adjourned for a short recess. Council
reconvened at 9:20 P.M. with all members present.
Council asked questions of staff. Councilmember Rosenstein moved
to introduce the ordinance as prepared by staff, with the
following amendments: 1) to include Joslyn Park as the only off-
leash park; 2) there be no time 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, including
any street, sidewalk, park, parkway, or alley, unless a person
has in his or her visible possession material or implements
sufficient to remove the dog's feces." Second by Mayor Pro
Tempore Vazquez. Mayor Pro Tempore Vazquez moved to amend the
motion 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 evening 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 introduced as
prepared with the provision that staff will prepare information
items for Council every two months during the six-month trial
period and if Council receives any issues, complaints, 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 following
vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Holbrook, Greenberg, Genser, Mayor
Abdo
Negative: Councilmember Vazquez
Councilmember Rosenstein moved to amend the motion to change Page
4, SECTION 2(1) to read: "To dogs which are being used by
disabled persons as guide or service dogs, while the dogs are
being used for such purposes." The motion was accepted as
friendly. Councilmember Genser moved to amend the motion to
return to the staff recommendation with regard to unleashed
parks, namely Marine and Joslyn Parks. Second by Mayor Abdo.
The motion was approved by the following 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 using the off-leash parks be required to have a
Santa Monica dog license. Second by Councilmember Genser.
Discussion was held. The amendment was accepted as friendly.
Councilmember Olsen moved to amend the motion to include all
parks. Second by Councilmember Greenberg. The motion failed by
the following vote:
Council vote: Affirmative: 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 following vote:
Council vote: Affirmative: Councilmembers Olsen, Holbrook,
Greenberg
Negative: Councilmembers Vazquez, Rosenstein,
Genser, Mayor Abdo
Councilmember Holbrook moved to amend the motion that whatever is
enacted this evening become effective January 1, 1994. The
motion was accepted as friendly. Councilmember Greenberg moved
to amend the motion to change language in Section 4.04.160 that
currently states, "...or upon those lands in the City lying
westerly of that certain thoroughfare, commonly known as The
Promenade..." to read: "...or upon the beach lands in the City
lying westerly of that certain street, commonly known as The
Promenade..." The motion was accepted as friendly.
Councilmember Olsen moved to amend the motion to increase the
fines to $200 and eliminate the escalating fee schedule.
Discussion was held. Councilmember Olsen withdrew his motion.
Discussion was held. The main motion, as amended, was approved
by the following vote:
Council vote: Affirmative: Councilmembers Rosenstein, Olsen,
Greenberg, Genser, Mayor Abdo
Negative: Councilmembers Vazquez, Holbrook
Councilmember Vazquez requested that the record reflect that he
voted "no" on this motion because he feels that there should only
be one off-leash park and that the hours should be unrestricted.
Councilmember Holbrook requested that the record reflect that he
voted "no" on this motion because he feels that it is
inappropriate to have a dog run in Marine Park and for Palisades
Park to be a dog park.
By virtue of the above action, an ordinance entitled: "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 first reading, as amended, by title only waiving
further reading thereof; and Resolution No. 8670(CCS), entitled:
"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 title only and
waiving further reading thereof.
Councilmember Genser moved to ask staff to investigate the
possibility of giving park rangers citation authority, provide
Council with a report on the operation of the off-leash parks
every two months, and develop information to be mailed along with
dog license renewals at the end of the year explaining the
changes in the law and informing them of the obligations and
privileges. Second by Mayor Abdo. Councilmember Greenberg moved
to amend the motion to ask staff to investigate the concept of
restricting the number of animals that a person may have in their
home and return with a report. The motion was accepted as
friendly with the provision that it is an investigation only.
Discussion was held. Mayor Pro Tempore Vazquez moved to amend
the motion to investigate the possibility of some sort of "port-
a-potty" for disposal of animal waste rather than utilization of
trash containers. The motion was accepted as friendly.
Councilmember Rosenstein moved to amend the motion to direct
staff to work with the Parks and Recreation Commission and Santa
Monica DOG to create a baseline survey so that there is something
with which to measure the experiment and also request that staff
investigate the possibility of opening the beaches to dogs during
the off-season. The motion was accepted as friendly. Discussion
was held. Mayor Pro Tempore Vazquez moved to amend the motion to
ask staff to investigate the possibility of using parks, other
than the ones approved this evening, as off-leash areas. The
motion was accepted as friendly. The motion was unanimously
approved.
Mayor Pro Tempore Vazquez moved to extend the meeting to 11:30
P.M. 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
Session for the purpose of discussing the cases of Pickett, et
al. v. City of Santa Monica, et al., United States District Court
Case No. CV 92-2070 WMB; and Rubin et al. v. City of Santa
Monica, United States District Court Case No. CV 93-1255 ER (Ex).
At 11:42 P.M., Council reconvened with all members present.
Councilmember 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 following vote:
Council vote: Unanimously approved 7-0.
No action was taken in the case of Rubin.
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: The annual
appointments of members to Boards and Commissions was continued
to the meeting of October 12, 1993.
14-B: COUNCIL PROCEDURES: The request of Councilmember
Rosenstein to discuss consideration of Council procedures was
continued 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 supporting a Homecare
Public Authority for the In-Home Supportive Services program in
Los Angeles County was continued to the meeting of October 12,
1993.
15: PUBLIC INPUT: There were no members of the public wishing
to speak.