Legislation Details

File #: HIST-3197    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 8/14/2006 Final action: 8/14/2006
Title: Introduction of an Ordinance Amending Sections 9.01.360 and 9.10.055(A), and Adding Subchapter 9.10.600, of the Culver City Municipal Code Relating to Allowing Dogs on Leashes on Designated Dog Paths in Certain City Parks; and Adoption of a Resolution Designating Certain Pathways or Walkways of Certain Public Parks as “Pooch Paths.”
Attachments: 1. A-2__08_14_06_PRCS_Pooch Path Ordinance and Resolution.doc, 2. A-2__Pooch Paths.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council: 1) Introduce an Ordinance (Attachment 1) amending sections 9.01.360 and 9.10.055(a), and adding subchapter 9.10.600, of the Culver City Municipal Code relating to allowing dogs on leashes on designated dog paths in certain City Parks; and, 2) Adopt a Resolution (Attachment 2) designating certain pathways or walkways of certain public parks as “Pooch Paths.” BACKGROUND: In the recent past there has been community discussion regarding whether or not to allow dogs in parks within Culver City so long as they are leashed. At the Parks and Recreation Commission’s request, staff brought a proposed pilot program to allow dogs on leashes in Culver West Park for a period of ninety days before the City Council at their July 25, 2005 meeting (Attachment 3). During the public comment portion of the meeting, Culver West Park Neighborhood residents expressed their concerns about having to go out of their way and walk long distances in order to get to the streets and roadways on the other sides of the park in order to avoid crossing the park while walking their dogs. In response to citizens’ concerns, an alternative motion was brought forward by Council and Council directed staff to come back with Meeting Date: 8/14/06 Item Number: A-2 AGENDA ITEM: Introduction of an Ordinance Amending Sections 9.01.360 and 9.10.055(A), and Adding Subchapter 9.10.600, of the Culver City Municipal Code Relating to Allowing Dogs on Leashes on Designated Dog Paths in Certain City Parks; and Adoption of a Resolution Designating Certain Pathways or Walkways of Certain Public Parks as “Pooch Paths.” Contact Person/Dept.: William La Pointe and Heather Iker Phone Number: (310) 253-6655 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master Notification List on 8/10/06; all businesses and residents within a 300-foot radius of Culver West Park were notified via postcard (8/4/06). Department Approval: Bill La Pointe (08/03/06) City Manager Approval: Jerry B. Fulwood (08/09/2006) City Controller Approval: Marlee Chang (08/09/2006)City of Culver City, California City Council Agenda Item Report a plan to allow dogs to pass through Culver West Park when leashed and under the control of a responsible party and so long as the dogs remained on concrete walks and not in the grass (5-0). On August 17 2005, a site visit to Culver West Park was made by Parks and Recreation Commissioner (now Chair) Vicki Daly Redholtz, PRCS Director William La Pointe, Deputy City Attorney Heather Iker, Scott Malsin (now Council member), acting as the representative of the Culver West Park Neighborhood Association, and Patricia Mooney, PRCS Senior Management Analyst. During that visit, various options for the location for the “Pooch Path” were discussed. The consensus of the group was that the best way to allow dogs to pass through the park would be to give community members who are out walking dogs access to the other streets and walkways along those streets via the sidewalk from Mc Connell Boulevard through the pass through easement to the park to the north of the tot lot and on to Wade and Moore Streets (Attachment 4). The advantages of having the path in this location were discussed at the October 4, 2005 Parks and Recreation Commission meeting (Attachment 5). These advantages were as follows: 1. Convenience – The sidewalk leads directly from the McConnell Boulevard walkway on the east of the Park to the Wade Street easement on the north. The Wade Street easement is easily accessed by those in the surrounding neighborhood, either by car or on foot. 2. Appropriate surface – Council indicated that concrete should be required for the “Pooch Path.” 3. Relatively inexpensive signage – In addition to the appropriate standard signage citing the associated Ordinance, paw prints painted on the sidewalk will be the only other cost associated with marking the path for the public. At that meeting Commissioner Deen asked about the additional cost if a fence were to be constructed along the playground to protect children in the playground area from the dogs passing by with their owners. It was subsequently determined by staff that such a fence could be included as part of the grant-funded Culver West Alexander Park Improvement Project (P-835). Updates on the status of legal issues related to the “Pooch Path” were given to the Parks and Recreation Commission by Deputy City Attorney Heather Iker at its January 3 and February 7, 2006 meetings. DISCUSSION It was recommended by the City Attorney’s Office that the most appropriate way to designate a “Pooch Path” at a specific park within Culver City (in this case, Culver City of Culver City, California City Council Agenda Item Report West Alexander Park), would be to amend the Culver City Municipal Code to exempt the use of a “Pooch Path” from the prohibition against dogs in parks, and to adopt a Resolution designating certain pathways or walkways of certain public parks as “Pooch Paths.” Designating a “Pooch Path” at Culver West Alexander Park by Resolution, as opposed to amending the Municipal Code to specifically designate such “Pooch Path”, gives the Council the flexibility to designate “Pooch Paths” in other parks within Culver City should they desire to do so. FISCAL ANALYSIS: Costs associated with designating the route as a “Pooch Path” are expected to be approximately $500.00 for sign, paint and stencils (PRCS Parks Account 10133100.514100 – Departmental Special Supplies). Staff time devoted to the project will be approximately five hours (PRCS Parks Account 10133100.411100). The cost of a fence between the “Pooch Path” and the children’s playground at Culver West Alexander Park has yet to be determined. This fence is still under consideration, with any expenses being included in the Culver West Park Improvement Project (42300835.730100 – Improvements Other Than Building). ATTACHMENTS: 1. Proposed Ordinance 2. Proposed Resolution 3. Excerpt of the minutes of the July 25, 2005 City Council Meeting 4. Map of proposed Culver West Park “Pooch Path” 5. Excerpt of the minutes of the October 4, 2005 Parks and Recreation Commission Meeting MOTION: That the City Council: 1. Introduce an Ordinance amending sections 9.01.360 and 9.10.055(a), and adding subchapter 9.10.600, of the Culver City Municipal Code relating to allowing dogs on leashes on designated dog paths in certain City Parks; and, 2. Adopt a Resolution designating certain pathways or walkways of certain public parks as “Pooch Paths.” OR 3. Discuss the item and provide further direction to staff. MEETING DATE: August 14, 2006 AGENDA ITEM: (1) Introduction of an Ordinance Amending Sections 9.01.360 and 9.10.055(A), and Adding Subchapter 9.10.600, of the Culver City Municipal Code Relating to Allowing Dogs on Leashes on Designated Dog Paths in Certain City Parks; and, (2) Adoption of a Resolution Designating Certain Pathways or Walkways of Certain Public Parks as "Pooch Paths." ATTACHMENTS Paces 1. Proposed Ordinance 1-4 2. Proposed Resolution 5 3. Excerpt of the minutes of the July 25, 2005 City 6-7 Council Meeting 4. Map of proposed Culver West Park "Pooch Path" 8 5. Excerpt of the minutes of the October 4, 2005 9 Parks and Recreation Commission MeetingAttachment 1 30 I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING SECTIONS 9.01.360 AND 9.10.055(A), AND ADDING SUBCHAPTER 9.10.600, OF THE CULVER CITY MUNICIPAL CODE RELATING TO ALLOWING DOGS ON LEASHES ON DESIGNATED DOG PATHS IN CERTAIN CITY PARKS. WHEREAS, Culver City Municipal Code §§ 9.10.360 and 9.10.055 (A), currently prohibit any dog from being within any public park, except that dogs are allowed in the Culver City Dog Park per §§ 9.10.400, et seq.; and WHEREAS, Culver West Alexander Park neighborhood residents have expressed concerns to the City Council about having to walk their dogs around Culver West Alexander Park, due to traffic and safety issues; and WHEREAS, in order to alleviate the concerns of these residents, the City Council has determined that a "Pooch Path" should be designated in Culver West Alexander Park, upon which residents or other members of the public would be allowed to wall< their dogs in a safe environment and without interfering with the other activities occurring in the Park. NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY ORDAIN as follows: SECTION 1. Section 9.01.360 of the Culver City Municipal Code is hereby amended to read as follows: / / / / / / / / /30|1010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 § 9.01.360 DOGS RUNNING AT LARGE; PROHIBITION. It shall be unlawful for any person owning or having charge,|1010|care, custody or control of any dog in the City to cause, permit, or|101010| allow the same that dog to be or to run at large upon any highway,|1010| street, lane, alley, sidewalk, square, median, parkway, court or other public place, or upon any private property or premises other than these that of the person owning or having charge, care, custody, or control of such the dog, in thc City, unless such that dog be-is restrained by a substantial chain or leash not exceeding six (6) feet in length and is in the charge, care, custody or control of such a competent person. In addition to the foregoing, Provided, however, that no person shall cause, permit or allow a such dog under that person's charge, care, custody or control to shall be alleweel-ef-permitted-in any of the following places: any store, market, restaurant, cafe, lunchroom, soda fountain, bakery or kindred establishments wherein foods for human consumption are served, sold or kept for saleii or, except as permitted by Section 9.10.400 or 9.10.600, in any public park, except as permitted by Section 9.10.400. SECTION 2. Section 9.01.055(A) of the Culver City Municipal Code is hereby amended to read as follows: § 9.10.055 PROHIBITIONS. Within the limits of any public park, it shall be unlawful for any person: -2-1|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (A) Having charge, care, custody or control of any dog, except as permitted by Section 9.10.400 or 9.10.600, or other animal, fowl, or reptile to cause, permit, or allow the same to be within the limits of any public park within the City, unless such person shall have obtained a special permit from the City Council to conduct an entertainment or exhibition in which an animal is a participant. SECTION 3. Subchapter 9.01.600 of the Culver City Municipal Code is hereby added to read as follows: DESIGNATED DOG PATHS § 9.10.600 DESIGNATED DOG PATHS. A. The City Council may, by resolution, designate any pathway or walkway in any public park as a "Pooch Path." In each park that contains a designated "Pooch Path," there shall be a sign conspicuously displayed, which identifies the location of the "Pooch Path." The pathway or walkway itself shall also be clearly marked with pictures of paw prints to identify it as a "Pooch Path." B. Notwithstanding any other provision in this Code, a person may have charge, care, custody or control of any dog upon any pathway or walkway of any public park, which has been designated by resolution of the City Council as a "Pooch Path:" provided, that such dog is at all times restrained by a competent person by a substantial chain or leash not exceeding six (6) feet in length. Nothing in this Section shall permit or allow any person having charge, care, custody -3- 30ATTEST: APPROV A iiM: CHRISTOPHER ARMENIA, City Clerk 4 ),,I CAROi A. SC AB, C Attorney -4- 30 or control of any dog to permit or allow that dog to be in any portion of any public park, except for the Culver City Dog Park as permitted by Section 9.10.400, other than on a designated "Pooch Path." SECTION 4. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three places within the City. SECTION 5. The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. APPROVED AND ADOPTED this day of , 2006. GARY SILBIGEER, Mayor City of Culver City, California|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2841, &__Alrorkiro CARS IL A. SC"W B, ity Attorney Attachment 2|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2006-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DESIGNATING CERTAIN PATHWAYS OR WALKWAYS OF CERTAIN PUBLIC PARKS AS "POOCH PATHS." WHEREAS, Culver City Municipal Code Section 9.10.600(A) provides that the City Council, by resolution, may designate any pathway or walkway in any public park as a "Pooch Path." NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE, as follows: SECTION 1. Each pathway within the public park listed below, which has been clearly marked with pictures of paw prints and identified by a conspicuously displayed sign, shall be designated as a "Pooch Path:" • Culver West Alexander Park SECTION 2. This resolution shall take effect concurrently with Ordinance No. 2006- APPROVED and ADOPTED this day of , 2006. GARY SILBIGER, Mayor City of Culver City, California ATTEST: APPROVED AS TO FORM: 5. CHRISTOPHER ARMENTA, City Clerk 30Attachment 3 EXCERPT OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL, CITY OF CULVER CITY, CALIFORNIA Call to Order & Roll Call The meeting of the City Council was called to order at 6:00 P.M. Present: Mayor Albert Vera Vice Mayor Gary Silbiger Councilmember Alan Corlin Councilmember Carol Gross Councilmember Steven Rose o0o July 25, 2005 6:00 P.M. Item A-2 Consideration of a Proposed Pilot Program to Allow Dogs on Leashes in Culver West Park for a Period of Ninety Days; and Consideration of Introduction of an Ordinance Amending Culver City Municipal Code Sections 9.01.360 and 9.10.055(A), Relating to the Prohibition of Dogs Running at Large and in Public Parks, in Order to Implement the Pilot Program. Mayor Vera requested that spokespersons be chosen to represent those in favor of the proposed program and to represent those against. The following members of the audience addressed the City Council, speaking against the proposed pilot program: Jeannine Stehlin Jamie Wallace Dena Snedden Eleanor Osgood Rich Waters Elizabeth Wheat June Walden Emily Glick Anita Shapiro, member, Culver City Parks and Recreation Commission The following members of the audience addressed the City Council, speaking in favor of the proposed pilot program: Jay Handal Patricia Graf Susan and Josh Kirchoff Deborah Shands Judy Scott Jeff Cooper, member, Culver City Parks and Recreation Commission David Hoyt Mary E. McCallum Judy Leviton Lisa Michel 6.William LaPointe, Director of Parks, Recreation and Community Services gave the staff report. Discussion ensued regarding staffing required for this pilot program; health concerns; and allowing residents near Culver West Park to walk their dogs through the park in order to provide easier access to streets on the other side of the park. Following discussion, the following motions were made: MOVED BY COUNCILMEMBER GROSS AND SECONDED BY COUNCILMEMBER ROSE, THAT THE CITY COUNCIL RECONFIRM THE CURRENT ORDINANCE AS IT STANDS WHICH PROHIBITS DOGS IN PARKS WITH THE EXCEPTION OF THE DOG PARK. AYES: Councilmembers Corlin, Gross, Rose, Vera NOES: Councilmember Silbiger ABSTAIN: None ABSENT: None MOVED BY COUNCILMEMBER GROSS, SECONDED BY COUNCILMEMBER ROSE AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DIRECT STAFF TO ASSESS AND BRING BACK A RECOMMENDATION AS TO WHETHER THERE IS A WAY IN CULVER WEST PARK TO PERMIT DOGS, ON PAVEMENT, TO GO FROM THE PARKING LOT TO THE PASS-THROUGHS TO THE ADJACENT NEIGHBORHHOODS (TO MOORE STREET AND TO MCCONNELL BLVD.). 000 74162 WADE ST CULVER CITY H.S. Court CIO City Bo • ACCill'se{,14, /71 CO) •"4 NULTIAIRPOSE FIELD _.&? CULVER WEST CULVER WEST ALEXANDER PARK i rc ALEXANDER PARK • Co St Propose I J °gong . Trad 7 . ... POOCH PATH|109| 375 75 tcr FPet- L Attachment 5 EXCERPT OF THE MINUTES OF THE REGULAR MEETING OF THE PARKS AND RECREATION COMMISSION CITY OF CULVER CITY, CALIFORNIA CHAIR JEANETTE JAMES October 4, 2005 7:00 p.m. Item A-2. (8:28 p.m.) Update on the status of the "Pooch Path" at Culver West Park. Bill La Pointe gave the staff report, pointing out the proposed path on the diagram. The following members in the audience addressed the Commission: Scott Malsin said that the path is a great idea, something the neighborhood has been asking for at their regular meetings. Judy Scott said everyone on Wade Street favors the idea. Commissioner Deen asked about the cost of a fence along the playground to protect children from dogs. Mr. La Pointe said staff could get a cost estimate. Commissioner Cooper asked if this item could be brought back to the Commission next month as an action item. Staff responded that once the legal issues have been finalized, the item will come back to the Commission before it goes to the City Council for approval. MOVED BY COMMISSIONER DALY REDHOLTZ, SECONDED BY COMMISSIONER DEEN AND CARRIED BY A 4-0 VOTE, TO RECEIVE AND FILE THE STAFF REPORT REGARDING THIS ITEM. 000|10 13|