City of Culver City, California
Parks, Recreation and Community Services Agenda Item Report
Meeting Date: _12/02/08__ Item Number: _A-2
AGENDA ITEM: Consideration of a Recommendation to City Council of Designated Dog
Paths within Culver City Park.
Contact Person/Dept.: Patrick Reynolds,
Parks Manager
Phone Number: (310) 253-6471
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: PRCS Master Email Notification List (11/26/08); Advance Courtesy
Email Notification to the City’s Master Email Notification List and PRCS Department
Distribution Lists (11/19/08); Flyer Distribution in Seven (7) Culver City Parks, the Senior
Center & Council Chambers (week of 11/17/08); Flyer Distribution in Culver City Park
(during the weekends beginning 11/22/08 and 11/29/08); PRCS Public Notification Signs in
5 areas of Culver City Park (11/19/08 through 12/02/08).
Department Approval: Bill La Pointe,
Director of Parks, Recreation and
Community Services (11/25/08)
City Attorney Approval: N/A
Chief Financial Officer Approval: N/A City Manager Approval: N/A
RECOMMENDATION:
Staff recommends that the Parks, Recreation and Community Services (PRCS)
Commission consider a recommendation to the City Council to approve and
authorize designated dog paths within Culver City Park on sidewalks along
Duquesne Avenue from Jefferson Boulevard to Leash Lane and the Dog Park, and
continuing up the hill to the gated entry of the upper area of the Park; and also paths
branching off from the Duquesne Avenue sidewalk (in Culver City Park) to the
Recreation Hut restrooms (Attachment A).
BACKGROUND:
At the Parks, Recreation and Community Services (formerly the Parks and
Recreation) Commission’s request, staff brought a proposed pilot program to allow
dogs on leashes in Culver West (Alexander) Park for a period of ninety days before
the City Council at their July 25, 2005 meeting (Please see Agenda Item A-2,
Attachment E). During the public comment portion of the meeting, Culver West
(Alexander) 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 side of the park. They had to take a long, outlying circuitous
route in order to avoid breaking the law by crossing the Park while walking their
dogs. In response to citizens’ concerns, an alternative motion was passed by
Council directing staff to come back with a plan to allow dogs to pass through Culver
West (Alexander) Park when leashed and under the control of a responsible party,
so long as the dogs remained on concrete walks and not in the grass (5-0).
City of Culver City, California
Parks, Recreation and Community Services Agenda Item Report
On August 17, 2005, a site visit to Culver West Alexander Park was made by Parks
and Recreation Commissioner Vicki Daly Redholtz, PRCS Director William La
Pointe, Deputy City Attorney Heather Iker, Scott Malsin, acting as a representative of
the Culver West Park Neighborhood Association, and Patricia Mooney, PRCS
Senior Management Analyst. During that visit, various options for the location of a
“Pooch Path” were discussed. The consensus of the group was that the best way
for people to “cut through” the Park while walking their dogs was to access the Park
via the sidewalk from McConnell Boulevard using the pass-through easement north
of the tot lot (commonly known as the McConnell “Alleyway”) to get into the park
and then traveling through the Park on to Wade and Moore Streets. The
advantages of having the path in this location were discussed at the October 4, 2005
Parks and Recreation Commission meeting and were also highlighted in the August
14, 2006 Agenda Item Report to City Council. Copies of the staff report and
minutes of the August 14, 2006 City Council meeting are provided as Attachment B.
At that meeting, City Council introduced Ordinance No. 2006-008, amending Section
9.01.055 (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
(5-0). Excerpts of the Municipal Code related to this item are provided as
Attachment C.
DISCUSSION:
It has come to staff’s attention that, with the popularity and use of the Dog Park in
Culver City Park, the need for dog owners to be able to walk to and through the Park
to the Dog Park as well as to be able to walk from the Dog Park to the Recreation
Hut restrooms has arisen.
Currently the only “legal” means by which a dog owner with dog(s) can reach the
Dog Park is by driving a vehicle to the Park. In keeping with the City’s environment-
friendly policies, a designated dog path in Culver City Park would encourage and
allow dog owners and their dogs to legally access the Dog Park by walking to and
through a portion of the Park.
In addition, once at the Park, some using the Dog Park find they need to use the
Recreation Hut restroom facilities. However, they cannot leave their dog(s)
unattended in the Dog Park and currently they are not able to walk their dog(s)
through the Park to the restroom facility. A designated dog path from the Dog Park
to the Recreation Hut restroom facility would allow this convenience.
Therefore, staff is recommending the Commission recommend City Council consider
legalizing the designated dog paths shown on Attachment A.
City of Culver City, California
Parks, Recreation and Community Services Agenda Item Report
FISCAL IMPACT:
If the City Council takes action to designate dog paths in Culver City Park, costs
associated with marking the route as a “Pooch Path” are expected to be
approximately $500.00 for signage; paint and stencils. Funds for this expenditure
are available in PRCS Parks Division Account 10133100.514100 – Departmental
Special Supplies. Staff time devoted to the project will be approximately twenty (20)
hours and will be posted to PRCS Parks Division Account 10133100.411100 –
Regular Salaries.
ATTACHMENTS:
A. Possible location of designated dog paths in Culver City Park
B. August 14, 2006 City Council Agenda Item A-2: (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
Path” and related meeting minutes
C. Excerpts of the Culver City Municipal Code relating to “Pooch Paths” and
associated Sections of the Municipal Code
MOTIONS:
That the Parks, Recreation and Community Services Commission:
1. Recommend that the City Council consider, approve and authorize designated
dog paths in Culver City Park as noted on Attachment A;
or
2. Provide further comment to staff.
MEETING DATE: December 2, 2008
AGENDA ITEM: Consideration of a Recommendation to City Council of
Designated Dog Paths within Culver City Park.
ATTACHMENTS
Pages
A. Possible location of designated dog paths in Culver City
Park
1
B. August 14, 2006 City Council Agenda Item A-2: (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
Path” and related meeting minutes
2-16
C. Excerpts of the Culver City Municipal Code relating to
“Pooch Paths” and associated Sections of the Municipal
Code
17-19
EXCERPT OF THE MINUTES OF THE
REGULAR MEETING OF THE August 14, 2006
CITY COUNCIL, CITY OF CULVER CITY, 5:30 P.M.
CALIFORNIA
Call to Order & Roll Call
The meeting of the City Council was called to order at 5:30 P.M.
Present: Mayor Gary Silbiger
Vice Mayor Alan Corlin
Councilmember Carol Gross
Councilmember D. Scott Malsin
Councilmember Steven Rose
o0o
----------------------------------------------------------Excerpt Begins----------------------------------------------------------
Item A-2
Introduction of an Ordinance Amending Section 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.”
William La Pointe, Director of Parks, Recreation and Community
Services gave the staff report.
The following members of the audience addressed the City
Council:
Jeannine Stehlin
Jamie Wallace
Judy Scott
Jean Stout
Robin Slater
Charles Deen
Christopher Armenta, City Clerk read written comments submitted
by the following:
Patricia Graf |1010|Attachment B
Following discussion, the following motion was made:
MOVED BY COUNCILMEMBER GROSS, SECONDED BY COUNCILMEMBER CORLIN
AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL INTRODUCE
ORDINANCE NO. 2006-008, AMENDING SECTION 9.01.055 (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, WITH THE FOLLOWING AMENDMENTS:
• DELETE THE PROVISION GIVING THE CITY COUNCIL AUTHORITY TO
ESTABLISH BY RESOLUTION A “DESIGNATED DOG PATH” AT ANY
CULVER CITY PARK, WITH THE EXCEPTION OF THE LANGUAGE THAT
DEFINES THE TERM “DESIGNATED DOG PATH”.
• REVISE THE EXCEPTION TO ALLOW DOGS ON LEASHES ON ANY
DESIGNATED DOG PATH WITHIN ANY CULVER CITY PARK TO MAKE
SUCH EXCEPTION FOR THE DESIGNATED DOG PATH IN CULVER WEST
ALEXANDER PARK ONLY.
• REVISE THE LANGUAGE AFFIRMING THE LAW PROHIBITING DOGS ON
LEASHES IN PARKS EXCEPT ON ANY DESIGNATED DOG PATH TO
SPECIFICALLY REFERENCE ONLY THE DESIGNATED DOG PATH IN
CULVER WEST ALEXANDER PARK.
o0o
----------------------------------------------------------Excerpt Ends----------------------------------------------------------
3City 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)
4City 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
5City 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.
678910111213141516Excerpts of the Culver City Municipal Code Relating to
“Pooch Paths” and Associated Sections of the Municipal Code
Page 1 of 3
§ 9.01.360 DOGS RUNNING AT LARGE; PROHIBITION.
It shall be unlawful for any person owning or having charge, care, custody or control of
dog in the City to cause, permit or allow the same to be or to run at large upon any highway,
street, lane, alley, sidewalk, median, parkway, court or other public place, or upon any private
property or premises other than those of the person owning or having charge, care, custody
or control of such dog, unless that dog be restrained by a substantial chain or leash not
exceeding six (6) feet in length, and is in the control of a competent person. In addition to the
foregoing, no person shall cause, permit or allow a dog under that person’s charge, care,
custody or control to be 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 sale; or, except as permitted by § 9.10.400 or §
9.10.600, in any public park.
('65 Code, § 5-42) (Ord. No. CS-415 §3.1; Ord. No. 2004-015 §1; Ord. No. 2006-008 §1)
§ 9.10.055 PROHIBITIONS.
Within the limits of any public park it shall be unlawful for any person:
A. Having charge, care, custody or control of any dog, except as permitted by §
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.
('65 Code, § 5-12) (Ord. No. CS-290; Ord. No. CS-405 § 1; Ord. No. 2004-015 § 2; Ord. No.
2006-008 § 2)
OFF-LEASH DOG PARK
§ 9.10.400 RULES AND REGULATIONS.
Notwithstanding any other provision in this Code, a person may have charge, care,
custody or control of any dog in that portion of Culver City Park designated as the Culver City
Dog Park (the "Dog Park"), subject to all the following conditions enumerated in this Section.
A. The person who has charge, care, custody or control of any dog:
1. Must ensure the dog is currently licensed, vaccinated and over the age of four (4)
months, and provide proof of licensing upon request by any City official;
2. Must not allow more than three (3) dogs to be in his or her charge, care, custody
or control while in the Dog Park;
17
Attachment CExcerpts of the Culver City Municipal Code Relating to
“Pooch Paths” and Associated Sections of the Municipal Code
Page 2 of 3
3. Must use the appropriate areas of the Dog Park designated for "Small/Timid" or
"Large" dogs;
4. Is required to pick-up and dispose of the dog's feces in trash receptacles both in
and out of the Dog Park;
5. Must remain with the dog at all times while using the Dog Park, and is solely liable
for any and all injuries and/or damage caused by the dog;
6. Shall not permit a dog with a known communicable disease in the Dog Park at
any time;
7. Shall not permit a female dog in heat in the Dog Park;
8. Shall not permit an aggressive dog in the Dog Park;
9. Must have the dog restrained by a substantial chain or leash not exceeding six (6)
feet in length at all times, except while inside the fenced areas of the Dog Park; and
10. Must remove any pronged or spiked collar or choke collar from the dog prior to
entry.
B. Children twelve (12) years of age and under are not permitted in the Dog Park,
unless accompanied and supervised by an adult at all times.
C. No person shall bring a stroller, carriage, baby carrier, bicycle, skateboard, scooter,
children's toy, food, dog toy, dog treat or dog food in the Dog Park.
D. No person shall bring any animal, other than a dog, into the Dog Park.
E. 1. No person shall conduct any activity at the Dog Park which may be an
immediate danger to the public's health, safety and welfare.
2. Such activity must cease immediately when asked to do so by a City official.
F. 1. Smoking is prohibited in the Dog Park.
2. The inhaling, exhaling, burning or carrying of any lighted pipe, cigar, cigarette,
weed, plant or other combustible substance in any manner or any form is prohibited.
G. No person shall enter or use the Dog Park when it is closed.
H. No person shall operate or conduct a business within the Dog Park, unless permitted
by the City.
18Excerpts of the Culver City Municipal Code Relating to
“Pooch Paths” and Associated Sections of the Municipal Code
Page 3 of 3
I. The use of the Dog Park in the City by an owner of a dog or by a person having
charge, care, custody or control of a dog shall constitute an agreement, by said owner or
person having charge, care, custody or control of a dog, to protect, indemnify, defend and
hold harmless the City from any claim of injury or damage arising from or in connection with
the use of the Dog Park, including but not limited to, injuries arising from dog bites.
J. 1. A person entering, using or visiting the Dog Park expressly assumes the risk of
any injury or damage which may arise from or in connection with such entrance, visit or use
of the Dog Park, including but not limited to, injuries resulting from dog bites.
2. The City shall not be liable for injuries or damages arising from or in connection
with the use of the Dog Park, including but not limited to, injuries resulting from dog bites, by
an owner of a dog or by a person having charge, care, custody or control of a dog.
(Ord. No. 2004-015, § 3)
§ 9.10.405 PENALTIES.
Any person who violates or fails to comply with any provision of § 9.10.400 shall be guilty
of an infraction, and may be subject to a fine not to exceed $100 per violation.
(Ord. No. 2004-015, § 4)
DESIGNATED DOG PATHS
§ 9.10.600 DESIGNATED DOG PATHS.
A. Notwithstanding any other provision in this Code, a person may have charge, care,
custody or control of any dog upon the designated dog path in Culver West Alexander Park;
provided such dog is at all times restrained by a substantial chain or leash not exceeding six
(6) feet in length, in the control of a competent person.
B. For purposes of this Section, DESIGNATED DOG PATH shall mean the pathway in
Culver West Alexander Park that is identified by a conspicuously displayed sign indicating
that it is a DESIGNATED DOG PATH, and where the pathway itself is marked with pictures
of paw prints.
C. Nothing in this Section shall permit or allow any person having charge, care, custody
or control of any dog to permit or allow that dog to be in any portion of any public park, except
as permitted by § 9.10.400, other than on the designated dog path in Culver West Alexander
Park.
(Ord. No. 2006-008 § 3)
19