Legislation Details

File #: HIST-10024    Version: 1 Subject:
Type: Historical Status: Action Item
In control: PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
On agenda: 12/2/2008 Final action: 12/2/2008
Title: Consideration of a Recommendation to City Council Regarding Allowing Dogs in Culver City Parks. Discuss and make recommendation(s).
Attachments: 1. Consideration of a Recommendation to City Council - A-1._FINAL_08_12-02_Dogs in Parks.doc, 2. Consideration of a Recommendation to City Council - A.1_ATT_08_12-02_Dogs in Parks.pdf
City of Culver City, California Parks, Recreation and Community Services Agenda Item Report Meeting Date: _12/02/08__ Item Number: _A-1 AGENDA ITEM: Consideration of a Recommendation to City Council Regarding Allowing Dogs in Culver City Parks. 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); Display Ad in the Culver City News (11/20/08 – 11/27/08); 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 Eleven (11) Culver City Parks (11/19 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 as to whether or not dogs should be allowed in Culver City Parks and, if so, under what conditions. BACKGROUND: The Parks, Recreation and Community Services Commission (formerly known as the Parks and Recreation Commission, or the “Commission”) and the City Council have heard the issue of allowing leashed dogs in Culver City Parks a number of times during the past four years; at this time, staff will present information and options that may not have been previously offered for consideration. At the June 1, 2004 Parks and Recreation Commission Meeting, Agenda Item 7a) Discussion Regarding Possible Amendment to the City Ordinance to Allow Dogs on Leashes in Public Parks on a Temporary Basis Until the Dog Park is Developed was discussed by the Commission. The Commission directed staff to return with additional information, such as the impact on the park and other guests of the park and how other cities handle this issue. Copies of the staff report and minutes of the June 1, 2004 meeting are provided as attachments to Attachment A. City of Culver City, California Parks, Recreation and Community Services Agenda Item Report At the October 5, 2004 Parks and Recreation Commission Meeting, Agenda Item 7c) Continued Discussion Regarding a Possible Amendment to the City Ordinance to Allow Dogs on Leashes in Public Parks on a Temporary Basis Until the Dog Park is Developed was discussed by the Commission. Staff had conducted additional research on the topic prior to this meeting. At that meeting, one member of the public expressed opposition to allowing dogs in the parks, even if leashed. In order to determine how other members of the public felt about this issue, it was suggested by the Commission that a community survey be conducted or, in the alternative, that a public hearing be held. The Commission moved to table the discussion of a temporary amendment and requested that the issue of a permanent Municipal Code amendment be agendized for a public hearing at a future meeting. Copies of the staff report and minutes of the October 5, 2004 meeting are provided as attachments to Attachment A. At the June 7, 2005 Parks and Recreation Commission Meeting, Agenda Item PH- 1: Discussion of the Consideration of Making a Recommendation to the City Council to Amend Sections 9.01.360 and 9.10.055 (A) of the Culver City Municipal Code to Allow Dogs on Leashes in Public Parks within Culver City was heard by the Commission. Staff presented a report giving an overview of what other California cities are doing in relation to allowing leashed dogs in City parks. The meeting was well attended by members of the public (including comments received by e-mail), who expressed views both in support and in opposition to this issue. After giving the public an opportunity to speak and considering all the information before it, the Commission directed staff to come back with a proposal for the implementation of a pilot program to allow dogs on leashes in one of Culver City’s public parks. Copies of the staff report and minutes of the June 7, 2005 meeting are provided as attachments to Attachment A. At the July 5, 2005 Parks and Recreation Commission Meeting, Agenda Item A-2: Consideration of a Proposal for a Dogs-on-Leashes Pilot Program in One of the Parks in Culver City was discussed by the Commission. The proposal that staff presented at that meeting was a pilot program to be conducted in the “lower park” area of Culver City Park in order to study and observe the impacts of allowing leashed dogs in the park for a 90-day period, before a decision would be made as to whether or not to allow such a practice on a permanent basis and in additional City parks. Some Commissioners did not believe Culver City Park to a be a good location for the pilot program and suggested Culver West (Alexander) Park instead, while other Commissioners were opposed to allowing dogs in the park at all, even as part of a temporary program. After discussing the matter, a motion was passed by the Commission (3-2, Shapiro and Deen dissenting) to recommend to the City Council that a pilot program be implemented at Culver West (Alexander) Park for a period of 90 days in order to evaluate the feasibility of allowing leashed dogs in City parks on a permanent basis. Copies of the staff report and minutes of the July 5, 2005 meeting are provided as attachments to Attachment A. City of Culver City, California Parks, Recreation and Community Services Agenda Item Report At the July 25, 2005 City Council Meeting, Agenda 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 was discussed by the City Council. Council took action to reconfirm the current Ordinance which prohibits dogs in parks with the exception of the Dog Park (motion by Councilmember Gross; seconded by Councilmember Rose, motion passes 4-1 with Councilmember Silbiger dissenting). Due to concerns expressed at the meeting by citizens who walked their dogs in the vicinity of Culver West (Alexander) Park, the City Council directed staff to assess and bring back a recommendation as to whether there was a way in Culver West (Alexander) Park to permit dogs, on pavement, to go from the parking lot to the pass-throughs to the adjacent neighborhoods (motion by Councilmember Gross; seconded by Councilmember Rose; passed unanimously). Copies of the staff report and minutes of the July 25, 2005 meeting are provided as Attachment A. DISCUSSION: In this discussion, the following issues will be presented for the Commission’s consideration: 1) Parks lands space availability; 2) health; 3) safety; 4) possible benefits to dogs and their owners of allowing dogs in parks; and 5) possible options for consideration. 1. Park Lands Space Availability – Currently Culver City has, as a part of its General Plan, a recommended standard of 10 acres of park land per 1000 population. Standards such as these are established in order to allocate adequate park space for Culver City residents to recreate and play. Through various mitigating and additive calculations and inclusions, the standard of 3 acres of park lands per 1000 population is Culver City’s specific target (that amount of park land that Culver City alone should provide.) Currently, Culver City provides 2.3 acres of park lands per 1000 population which is 0.7 acres of park lands per 1000 population less than the City’s target of available park lands space available to the City’s citizenry of approximately 40,000. City records show that there are currently 2,381 dogs licensed in the City. (Currently there are no estimates as to the number of dogs in Culver City that have not been licensed.) If these dogs were added into our City’s “population” figures for park lands space calculations, the City would effectively have 2.17 acres per 1000 population, rather than 2.3 acres per 1000 currently. As one can see, the more living entities (human as well as animals) allowed into the park system for recreational purposes, the less park space is available for all. 2. Health Issues – Dogs will defecate and urinate in the parks and, even though conscientious owners and dog-walkers will pick-up after their dogs, one cannot completely “clean” the defecation from the turf and the urine cannot be cleaned from the area at all. Also, unfortunately, not all dog owners are considerate and conscientious enough to always pick-up after their dogs. City of Culver City, California Parks, Recreation and Community Services Agenda Item Report 3. Safety – While dogs are considered “family members” by many, they are still animals whose behavior cannot always be anticipated. Sometimes, even the calmest and most congenial dog may, without warning and under unfamiliar circumstances, demonstrate aggression towards other dogs, animals or people. Dogs may act out aggressively when trying to assume dominance, when they become fearful, protective, territorial or possessive, as well as for other reasons. Oftentimes, dogs will attack, bite and/or maul another animal or human when acting out aggressively. Also, boisterous, loud or crowded areas may cause a dog to become aggressive or “act out.” Activities such as cheering, sporting events, fairs, festivals, large crowds and other events often associated with parks may cause a dog to become fearful or territorial, thereby acting out aggressively. 4. Possible Benefits to Dogs and their Owners of Allowing Dogs in Parks – As noted in the survey of other California cities presented to the Commission on June 7, 2005, the top two benefits associated with allowing leashed dogs in park are related to the pleasure/convenience of dog owners and their dogs. Specifically, owners can share the park experience with their dog(s) and the park experience is a convenient way for dogs to get adequate exercise. Another convenience for dog owners might be that they no longer have to travel to neighboring cities or to Culver City’s Boneyard to walk their dog(s) in parks that are not designated dog parks. 5. Possible Options for Consideration A. Continue the current ordinances and practices that do not allow dogs in parks, except in the Boneyard or where there is a designated dog path. B. *Designate a time(s), day(s), and park(s) where only those guests with dogs are permitted to be in the park(s) and their dogs are allowed to be off-leash under voice command in the park(s). C. *Designate a time(s), day(s) and park(s) where dogs and their owners are allowed in park(s) while the dog is kept on a maximum six (6) foot leash. *NOTE: When considering designating, time(s), day(s) and park(s) – These should preferably be times when: (1) there are the fewest number of people in the parks; (2) there are the fewest number of children in the parks; (3) the activities in the parks are likely to be the calmest; and, (4) the park(s) designated should have the least number of “boisterous activity” amenities (i.e., sports fields, etc.), most probably pocket parks or neighborhood parks. Also, it is important to note that only dogs that have been licensed in Culver City would be allowed with their owners in the parks. All others would be subject to citations and fines. City of Culver City, California Parks, Recreation and Community Services Agenda Item Report FISCAL IMPACT: There would be added staff time and cost (incalculable at this time) in order to handle any defecation issues not attended to by dog owners, as well as code enforcement and complaint/injury issues that might arise. ATTACHMENTS: A. July 25, 2005 City Council Meeting Agenda 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 and related meeting minutes. MOTIONS: That the Parks, Recreation and Community Services Commission: 1. Recommend to the City Council that the City continue the current ordinances and practices that do not allow dogs in parks, except where there is a designated dog path; or 2. Recommend to the City Council that dogs and their owners be allowed in seven Culver City parks including Culver West Alexander, Tellefson, Carlson, Coombs, Blair Hills, Fox Hills Mini- and El Marino Parks under the following conditions: a) the owner of the dog must be present and be in control of the dog(s); b) the owner of the dog(s) must be able to physically restrain the dog(s) (a maximum of two dogs per owner); c) hours of park use are restricted to the hours of dawn until 10 a.m.; d) the dogs must be on a leash no longer than six (6) feet in length; e) the owner must pick up after their dog, including disposing of any dog feces in an appropriate manner; f) the dog must be kept at least twenty (20) feet from all picnic and playground areas, as well as any boisterous and/or playful activity taking place within the park; and, g) the dog must be currently licensed in Culver City, if not, this constitutes a violation for which the owner may be cited and fined. or 3. Provide staff with further comments. MEETING DATE: December 2, 2008 AGENDA ITEM: Consideration of a Recommendation to City Council Regarding Allowing Dogs in Culver City Parks. ATTACHMENTS Pages A. July 25, 2005 City Council Meeting Agenda 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 and related meeting minutes. 1 - 32 EXCERPT OF THE MINUTES OF THE REGULAR MEETING OF THE July 25, 2005 CITY COUNCIL, CITY OF CULVER CITY, 6:00 P.M. 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 ----------------------------------------------------------Excerpt Begins----------------------------------------------------------  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: 12-02-08 - Page 1 Attachment A 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 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.). o0o ----------------------------------------------------------Excerpt Ends----------------------------------------------------------  12-02-08 - Page 2City of Culver City, California City Council Agenda Item Report RECOMMENDATION: By the Parks and Recreation Commission’s action, staff is bringing to the City Council the following recommendations for consideration. 1. Proposed Pilot Program to allow dogs on leashes in Culver West Park for a period of ninety days; and 2. 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 (Attachment 1). BACKGROUND: At its June 1, 2004 meeting, the Parks and Recreation Commission (the “Commission”) discussed the issue of a possible amendment to the Culver City Municipal Code to allow dogs on leashes in City parks on a temporary basis until the Dog Park is developed, and directed staff to return with additional information, such as how other cities handle this issue. Copies of the staff report and minutes for the June 1 st meeting are included as Attachment 2. After staff conducted additional research, this issue was further discussed by the Commission at its October 5, 2004 meeting. One member of the public expressed Meeting Date: 07/25/05 Item Number: A-2 AGENDA ITEM: 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. Contact Person/Dept.: William La Pointe Phone Number: (310) 253-6682 Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master Notification List on 7/11/05; all businesses and residents within a 300-foot radius of Culver West Park were notified via postcard totaling 97 cards at a cost for postage of $22.31 on 7/11/05. Emails or postcards (40 postcards at a postage cost of $9.20) were sent to interested parties on or before July 14, 2005. Department Approval: William La Pointe 7/18/05 CAO Approval: Jerry Fulwood 7/20/05 City Controller Approval: Marlee Chang 7/19/05 12-02-08 - Page 3City of Culver City, California City Council Agenda Item Report opposition to allowing dogs in the parks, even if leashed. In order to determine how other members of the public felt about this issue, it was suggested by the Commission that a community survey be conducted or, in the alternative, that a public hearing be held. The Commission moved to table the discussion of a temporary amendment and requested that the issue of a permanent Municipal Code amendment be agendized for a public hearing at a future meeting. Copies of the staff report and minutes of the October |1010|th meeting are included as Attachment 3. Subsequently, a public hearing was held to discuss this issue at the Commission’s June 7, 2005 meeting. Staff presented a report giving an overview of what other California cities are doing in relation to allowing leashed dogs in City parks. The meeting was well attended by members of the public (including comments received by e-mail), who expressed views both in support and in opposition to this issue. After giving the public an opportunity to be heard and considering all the information before it, the Commission directed staff to come back with a proposal for the implementation of a pilot program to allow dogs on leashes in one of Culver City’s public parks. Copies of the staff report and minutes of the June 7 th meeting are included as Attachment 4. On July 5, 2005, staff presented to the Commission a proposal for a pilot program to be conducted in the “lower park” area of Culver City Park in order to study and observe the impacts of allowing leashed dogs in the park for a 90-day period, before a decision is made as to whether or not to allow such a practice on a permanent basis and in additional City parks. Some Commissioners did not believe Culver City Park to be a good location for the pilot program and suggested Culver West Park instead, while other Commissioners were opposed to allowing dogs in the park at all, even as part of a temporary program. After discussing the matter, a motion was passed by the Commission (3-2, Shapiro and Deen dissenting) to recommend to the City Council that a pilot program be implemented at Culver West Park for a period of 90 days, in order to evaluate the feasibility of allowing leashed dogs in City parks on a permanent basis. Copies of the staff report and minutes of the July 5 th meeting are included as Attachment 5. DISCUSSION: This pilot program is being proposed in order to study and observe the impacts and feasibility of allowing leashed dogs in one of the City’s parks, before a decision is made as to whether or not to allow such a practice in additional City parks and on a permanent basis. The basic guidelines for the proposed Dogs-on-Leashes Pilot Program were drawn from the Parks and Recreation Commission’s comments and recommendations at its meetings of June 7 and July 5, 2005, and include the following:  The pilot program shall be implemented at Culver West Park.  The duration of the pilot program will be 90 days. 12-02-08 - Page 4City of Culver City, California City Council Agenda Item Report  Dogs must be on leashes not exceeding six feet in length at all times.  Retractable leashes are not allowed.  Dogs are prohibited from the park playground and tot lot areas.  Dog owners must clean-up and properly dispose of their dog’s feces.  Dogs are allowed in the park only during regular park operating hours.  Temporary signs will be posted to inform park users of the rules of conduct for dogs and their owners. FISCAL IMPACT: Implementation of a Dogs-on-Leashes Pilot Program is anticipated to have some impact on staff (for cleanup, patrolling efforts, data collection analysis and reports) and temporary signage as noted below: 1. 48 hours staff time @ $24.00/hour $1152.00 2. 3 ea. temporary signs and posts @ $25.00 ea. $ 75.00 Total cost estimate $1227.00 ATTACHMENTS: 1. Proposed ordinance; 2. Staff report and excerpt of minutes from 6/1/04 Commission meeting; 3. Staff report and excerpt of minutes from 10/5/04 Commission meeting; 4. Staff report and excerpt of minutes from 6/7/05Commission meeting; and 5. Staff report and excerpt of minutes from 7/5/05 Commission meeting. MOTION: That the City Council: 1. Authorize a Dogs-on-Leashes Pilot Program to be implemented in Culver West Park for a period of ninety days; and 2. Introduce, for first reading, the 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; OR 12-02-08 - Page 5City of Culver City, California City Council Agenda Item Report 3. Reject the Parks and Recreation Commission’s recommendation for the development of a Dogs-on-Leashes Pilot Program to be implemented in Culver West Park for a period of ninety days; OR 4. Discuss the issue and provide further direction to staff. 12-02-08 - Page 6 12-02-08 - Page 7 12-02-08 - Page 8 12-02-08 - Page 9 12-02-08 - Page 1012-02-08 Page 11 12-02-08 - Page 12 12-02-08 - Page 13 12-02-08 - Page 1412-02-08 Page 15 12-02-08 - Page 16 12-02-08 - Page 17 12-02-08 - Page 18 12-02-08 - Page 19 12-02-08 - Page 20 12-02-08 - Page 21 12-02-08 - Page 22 12-02-08 - Page 23 12-02-08 - Page 24 12-02-08 - Page 25 12-02-08 - Page 26 12-02-08 - Page 2712-02-08 Page 28 12-02-08 - Page 29 12-02-08 - Page 30 12-02-08 - Page 31 12-02-08 - Page 32