City of Culver City, California
City Council Agenda Item Report
Meeting Date: _02/09/09__ Item Number: A-2
AGENDA ITEM: Introduction of an Ordinance Amending Subchapter 9.10.600 of the
Culver City Municipal Code to Allow Dogs on Leashes on Designated Dog Paths
within Culver City Park for Dog Park Users.
Contact Person/Dept.: Patrick Reynolds,
Parks Manager
Phone Number: (310) 253-6471
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Master E-mail Notification List (02/04/09); Advance Courtesy Email
Notification to the City’s Master Email Notification List and PRCS Department Distribution
Lists (01/29/09); PRCS Public Notification Signs in Culver City Parks (01/30/09 through
02/09/09); Publication of Notice in the Culver City News (01/29/09); Postcard mailing to
residents and businesses within a 500 ft. radius and to the end of the block of all eleven
Culver City Parks, two Parkettes and two Playgrounds (01/08/09); Postcard mailing to
those in the Culver City Dog License database not included in 01/08/09 mailing (01/14/09).
Department Approval:
Bill La Pointe, (01/29/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/03/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/04/09)
City Manager Approval:
Jerry B. Fulwood (02/04/09)
RECOMMENDATION:
Staff recommends the City Council introduce an Ordinance amending Subchapter
9.10.600 of the Culver City Municipal Code (CCMC) to allow dogs on leashes on
designated dog paths within Culver City Park for Dog Park users (Attachment 1).
BACKGROUND:
In 2005, 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 meeting. 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 crossing the Park while walking their dogs,
since to do so would violate the City’s Ordinance prohibiting dogs running at large
(CCMC Section 9.01.360).
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 City of Culver City, California
City Council Agenda Item Report
as the dogs remained on concrete walks and not in the grass. Please note that the
Agenda Item report and approved meeting minutes of the July 25, 2005 City Council
meeting are provided as an Attachment to the “Consideration of Allowing Dogs in
Parks” Agenda Item report on this evening’s meeting Agenda.
At the August 14, 2006 City Council 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. The Agenda Item report and meeting minutes of the
August 14, 2006 City Council meeting are provided as Attachment 2.
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 certain
areas of Culver City 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 means by which a dog owner with dog(s) can reach the Dog Park
without being in violation of CCMC Section 9.01.360 is by transporting their dog(s) to
and from the Dog Park in a vehicle. In keeping with the City’s environment-friendly
policies, designated dog paths in Culver City Park would encourage and allow dog
owners and their dogs to 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.
At the December 2, 2008 Parks, Recreation and Community Services (PRCS)
Commission meeting, the Commission considered making a recommendation to
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 towards the baseball/soccer fields,
terminating at the gated entry of the upper area of the Park; and also paths
branching off from the Duquesne Avenue sidewalk (within Culver City Park) to the
Recreation Hut restrooms (illustrated in Attachment 3). The Commission took action
to make such recommendation to the City Council (moved by Commissioner
Cooper; seconded by Vice Chair Daly Redholtz; passed 4 to 1 with Commissioner
Hudson dissenting; Attachment 4).
City of Culver City, California
City Council Agenda Item Report
Public Notification
Extensive public notification was done with regard to this Agenda Item. It was
noticed along with two other important PRCS City Council Agenda Items scheduled
to appear on this evening’s Agenda: Allowing Dogs in Culver City Parks and
Supervising and Charging Fees at the Culver City Skate Park. To avoid
redundancy, the details and costs associated with the noticing of this item are listed
in the Agenda Item report relating to Council consideration of Allowing Dogs in
Culver City Parks.
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 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 included in the PRCS Parks Division Account 10133100.411100 –
Regular Salaries.
ATTACHMENTS:
1. Proposed Ordinance
2. 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 approved meeting minutes
3. Possible location of designated dog paths within Culver City Park
4. Approved minutes of the December 2, 2008 Parks, Recreation and Community
Services Commission meeting
MOTIONS:
That the City Council:
1. Introduce an Ordinance amending Subchapter 9.10.600 of the Culver City
Municipal Code to allow dogs on leashes on designated dog paths within Culver
City Park for Dog Park users;
and
City of Culver City, California
City Council Agenda Item Report
2. Approve the designated dog paths in Culver City Park as illustrated in
Attachment 3;
or
3. Provide staff with alternate direction.
MEETING DATE: February 9, 2009
AGENDA ITEM: Introduction of an Ordinance Amending Subchapter
9.10.600 of the Culver City Municipal Code Relating
to Allowing Dogs on Leashes on the Designated Dog
Path within Culver West Alexander Park to include
Designated Dog Paths within Culver City Park for
Dog Park Users.
ATTACHMENTS
Pages
1. Proposed Ordinance
1 - 3
2. 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 approved meeting minutes
4 - 16
3. Possible location of designated dog paths within Culver
City Park
17
4. Approved minutes of the December 2, 2008 Parks,
Recreation and Community Services Commission
meeting
18 - 19
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ORDINANCE NO. 2009-________
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING SUBCHAPTER 9.10.600 OF THE
CULVER CITY MUNICIPAL CODE, ALLOWING DOGS ON
DESIGNATED DOG PATHS WITHIN CERTAIN CULVER
CITY PARKS.
WHEREAS, Culver City Municipal Code Section 9.10.600 allows that a
person may walk through Culver West Alexander Park with their dog provided that 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, and so long as the person and their dog
remain on the designated dog path within Culver West Alexander Park; and,
WHEREAS, members of the public and of the Culver City Parks, Recreation
and Community Services Commission have identified a need for persons with dogs to walk
through Culver City Park on their way to and from the Culver City Dog Park ; and,
WHEREAS, currently, persons walking their dogs through Culver City Park on
their way to and from the Culver City Dog Park thereby violate Culver City Municipal Code
Section 9.01.360 which prohibits dogs running at large in parks; and,
WHEREAS, it is the intent of the Culver City City Council to designate a dog
path within Culver City Park.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Section 9.10.600 of the Culver City Municipal Code is hereby
amended to read as follows:
ATTACHMENT 1
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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 paths in Culver West Alexander Park and Culver City
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 PATHS
shall mean the pathways in Culver West Alexander Park and Culver
City Park that is are identified by a conspicuously displayed signs
indicating that it is a they are DESIGNATED DOG PATHS, and where
the pathways itself is themselves are 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 paths in Culver West
Alexander Park and Culver City Park.
SECTION 2. Pursuant to Section 619 of the Culver City City Charter, this
ordinance shall take effect thirty (30) days after its adoption. Pursuant to Section 616 and
621 of the Culver City 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
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in the Culver City News and shall post this ordinance or a summary thereof in at least three
(3) places within the City.
SECTION 3. The Culver City City Council hereby declares that, should any
provision, section, subsection, paragraph, sentence, phrase or word of this ordinance be
rendered or declared invalid or unconstitutional by any final action in a court of competent
jurisdiction or by reason of any preemptive legislation, the Culver City 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 2009.
D. SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE, City Clerk CAROL A. SCHWAB, City Attorney
A09-00036 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)
ATTACHMENT 2
Page 4 for 02-09-09City 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
Page 5 for 02-09-09City 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.
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REGULAR MEETING OF THE 7:00 P.M.
PARKS, RECREATION & COMMUNITY SERVICES COMMISSION
CITY OF CULVER CITY,CALIFORNIA
Call to Order & Roll Call
The meeting of the Parks, Recreation and Community Services
Commission was called to order at 7:07 P.M.
Present: Chair Anita Shapiro, Vice Chair Vicki Daly Redholtz,
Commissioner Jeffrey Cooper, Commissioner Rick Hudson,
Commissioner Marianne Kim
-------------------------EXCERPT BEGINS-------------------------
o0o
Item A-2
Consideration of a Recommendation to City Council of Designated
Dog Paths within Culver City Park
Staff provided a summary of the material of record.
Jeannine Stehlin noted confusion between items A-1 and A-2 and
felt that addendums to the Culver City Ordinance should be
handed on a case by case basis like this one. She supported a
pooch path in Culver City Park from Jefferson to the Bone Yard
with a caveat that the children in the playground be protected
and dogs not be allowed in the playground.
Jamie Wallace agreed with comments made by the previous speaker
noting that she felt access should be limited to the shortest,
most accessible path.
Robert O’Meara cited instances of being menaced by dogs in the
park and expressed concern with enforcing the ordinance. He
felt the pooch path was a capitulation to those who did not
respect the ordinance.
Homer Gentry was concerned with access to the restroom area and
with being punished for the actions of those who did not respect
the ordinance.
Christopher Idryo indicated that he did not own a car so he
hoped that walking his dog to the park would become legal.
ATTACHMENT 4
Page 18 for 02-09-09Carrie Back felt the item would clarify how to get into the dog
park.
Discussion between staff and the Commissioners included: where
the dogs would be when the owner is using the bathroom; concerns
with the proximity of the path to where children play;
consideration of using alternate bathrooms; and consideration of
alternate paths.
Vice Chair Daly Redholtz clarified that although she served as
Chair of Friends of the Culver City Dog Park, she did not have a
conflict of interest. She noted parking issues at the park and
felt that the pooch path would solve a problem.
Additional discussion between staff and the Commission included:
the length of time people stayed at the dog park; restroom
access; accessibility issues; code enforcement; safety issues
with Leash Lane; and the pilot program at Culver West Park.
Commissioner Kim proposed adopting the staff recommendation with
a directive to report back on the status after one year.
Further staff and Commission discussion included: clarification
that the ordinance would have to be amended to reflect the
change; no incidents reported at Culver West Park; clarification
that without the change people have to break the law to use the
bathroom; a suggestion that citizens report issues as staffing
is short; restroom procedures; keeping people with dogs away
from the park by allowing use of the other restroom; a
suggestion to put up a fence as a barrier between the sandy area
and the walkway; improvements to that part of the park; the PEP
grant; ADA compliance; elimination of the longer path; and a
suggestion to create a holding pen while owners use the
restroom.
MOVED BY COMMISSIONER COOPER TO RECOMMEND THAT CITY COUNCIL
CONSIDER, APPROVE, AND AUTHORIZE DESIGNATED DOG PATHS IN CULVER
CITY PARK AS NOTED ON ATTACHMENT A. VICE CHAIR DALY REDHOLTZ
SECONDED THE MOTION WHICH PASSED ON THE FOLLOWING ROLL CALL
VOTE:
AYES: Cooper, Daly Redholtz, Kim, Shapiro
NOES: Hudson
o0o
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