CITY COUNCIL STAFF REPORT

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Jonah Williams
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CITY COUNCIL STAFF REPORT TO: Honorable Mayor and City Council DATE: August 21, 2017 FROM: PREPARED BY: SUBJECT: Matthew Bronson, City Manager Kathy Petker, Parks and Recreation Program Director

1 CITY COUNCIL STAFF REPORT TO: Honorable Mayor and City Council DATE: August 21, 2017 FROM: PREPARED BY: SUBJECT: Matthew Bronson, City Manager Kathy Petker, Parks and Recreation Program Director Off-leash Dog Regulations RECOMMENDATION Receive information on unfenced off-leash dog areas in city parks and provide policy direction for the Parks, Recreation and Beautification Commission to conduct further research and develop recommendations for the Council. BACKGROUND The Council has received recent correspondence from a resident expressing concerns about the City s enforcement of off-leash dog regulations and advocating to allow dogs off-leash at certain times. The City does not currently allow dogs to be off-leash at any City park. At their April 17, 2017 meeting, the City Council provided direction for staff to bring an item to the Council to have an initial discussion on unfenced off-leash dog use in City parks and how best to address this issue. DISCUSSION In April, the Council raised concerns about reports of off-leash dogs at City parks and requested staff provide additional public noticing about the regulations, as the Grover Beach Municipal Code currently does not allow dogs off leash. City staff carried this out through conducting interviews with local media and sending out information through the City s social media sites. Following this notice, police officers were directed to look for violations as the officers patrolled the parks with the goal of gaining compliance by notifying the dog owners of the ordinance. If compliance was not gained, the officers were advised to issue a citation similar to other violations of the Municipal Code. Of the 12 off-leash dog service calls at City parks since January, there have been only two (2) citations issued as compliance was gained in nearly all cases without impacting police services. Staff conducted preliminary research of other jurisdictions that provide designated unfenced offleash dog areas during certain times in public parks. These jurisdictions include Port San Luis, City of Solana Beach, and City of San Mateo. Below are highlights from this initial research for the Council s consideration: Pilot programs were often implemented to determine public responses, safety, staff resources, and logistics on a temporary basis before evaluating the impacts and determining whether such a program should be permanent. Rules were posted at the park facilities including: dog responses to commands, picking up after pet, hours of operation, i.e., 6:00 a.m. 8:00 a.m.; 6:00 p.m. - 8:00 p.m.; and/or based on other organized sports, other users and daylight savings. Agenda Item No. 7

2 Staff Report: Off-leash Dog Regulations Page 2 August 21, 2017 Liability could be a concern given the uncertainty inherent with off-leash dogs. However, liability can be diminished significantly by appropriately posting rules at the park and advising members of the public that there may be dogs that are not on leashes and they are using the park at their own risk. There are challenges with informing the public about such regulations. Additional costs for amenities, including drinking fountain, trash cans, and doggie bags. Overall, it can be a positive public amenity if it is in the appropriate location and operated at the right time to not interfere with other park users. Staff is recommending that Council request the Parks, Recreation, and Beautification Commission conduct further research into this issue and develop recommendations for the Council to consider. Staff also recommends that the Council provide initial policy direction and key considerations to the Commission to inform the Commission s work on this issue. FISCAL IMPACT There is no fiscal impact to this review. Any fiscal impact from recommendations developed will be identified at a later date. ALTERNATIVES The City Council has the following alternatives to consider: 1. Receive information on unfenced off-leash dog areas in City parks and provide policy direction for the Parks, Recreation and Beautification Commission in order to conduct further research and develop recommendations for the Council; or 2. Provide additional direction to staff. PUBLIC NOTIFICATION The agenda was posted in accordance with the Brown Act. ATTACHMENTS 1. Letters from Rayn Random, dated July 17, 2017 and August 7, Letter from Representatives of Golden West Garden Homes A Senior Community, dated July 28, 2017

3 July 17, 2017.JUL To: Mayor Shoals, Mayor Pro Tern Shah, Council Members Lee, Nicolis & Peterson The City Council's "reminder" about dog leashes has created a monster. Police cars are driving slowly past parks and carefully scrutinizing people with dogs to ensure that no one is daring to throw a ball for a dog in a deserted city park. Dog owners have told me, and I feel exactly the same way, that it's like living in a police state where we dog owners are under constant Soviet-like surveillance by our city government. For example, late afternoon on Sunday, July 2, a woman was sitting on the lawn in mostly deserted Grover Heights Park with her 12-year-old dog that can barely walk because of a large, inoperable tumor on her leg. A police officer spotted her with her dog and immediately turned his vehicle around to come back to her. The officer took her name, address, date of birth, and radioed it to police headquarters to establish a record against to her. On June 5, late afternoon, I had my dog on a leash in Ramona Park, and a man with a dog on a leash was walking toward us. My dog's tail was wagging furiously, and the other dog's tail was waging just as hard. Both dogs pulled us until they were nose to nose. They immediately decided that they were friends and they wanted to play together. There was not another person or dog in the park, but we didn't dare to let them play together off leash for even a few minutes. We pulled our disappointed dogs away from each other, and went our separate ways. Those of us who used to wave to police officers driving past us and our dogs in Ramona Park, no longer do so. The official-but reasonable, and friendly-relationship that existed between us and the police is gone, and it's a great shame. The Grover Beach Police Department had previously been handling the occasional dog issue very well, using common sense and their own good judgment. Now, trained, professional police officers have become "dog leash monitors," in the same beloved category as parking meter minders. It was unnecessary, insulting to the police officers, a waste of taxpayer funds, and it has diverted police services needed elsewhere. City Council would do well to seriously consider and respect the needs of Grover Beach dog owners. I look forward to your August 21 meeting, and thank you for scheduling it. Rayn Random Grover Beach Copy: M. Bronson; Chief J. Peters Attachment 1

4 City ot Grover Beach Qayn Qandom 244 N. 10lh 8treet, Grover Beach, CA A! IG August 7, 2017 TO: Mayor John Shoals; Mayor Pro Tern, Mariam Shah; Council Members Lee, Nicolis, and Peterson; M. Bronson: Chief J. Peters. Inasmuch as City Council has already decided to install playground equipment at Ramona Park (Staff Report of August 7) in the only open area that could accommodate dog owners to play with their dogs off leash, it's difficult not to conclude that discussion of allowing off-leash hours at Ramona Park (Agenda of August 21) is disingenuous and for appearances only. There is already a problem of handicap access to the northeast corner-the slope of the lawn-which will be difficult to adapt, and there is a large and wellequipped playground area just a few short blocks away at Grover Heights Park. Furthermore, there is another factor that has not been mentioned-the behavior of the "homeless" in Ramona Park. Homelessness is not the problem. The problem is drunkenness and drug induced behaviors of the homeless. It's not unusual to have three police vehicles arrive to break up fights or to stop loud, threatening behavior. There can be as many as three or four people "sleeping it off' on the lawn in the afternoons. They sleep everywhere in the park, including the area where the play equipment is proposed to be. There is no question that when they are drunk or doped and still able to stagger around, they will find it great fun to avail themselves of the chance to play on the children's equipment, and possibly even make "friends" with a child. Imagine the lawsuit for the city, having knowingly attracted small children to an area previously known by the city to have numerous, potentially dangerous individuals using all areas of the park, including the restrooms. And they have a legal right to be there. It's not unusual for one of the park people to come over to me and my neighbor friends to rant or "chat." Even we, as a group, sometimes decide to leave. And they're sometimes aggressive. Just this week, one of them (probably drunk) approached a couple entering the park and yelled at them to "get out." He harassed them until they turned around to leave, and he then followed them and yelled at them until they reached the sidewalk by the proposed play area. The question for City Council is: Which is the wiser choice? Drunks and druggies sharing a park with small children and play equipment or, Drunks and druggies sharing a park with adult dog owners.

5 Attachment 2 GOLDEN WEST GARDEN HOMES A. SENIOR COMMUNITY P.O. BOX 912, OCEANO, CA goldenwestgardens@yahoo.com jul July 26, South Eighth Street Grover Beach, CA Attention: Members of the City Council Re: Dog Owners Group-Off-Leash Time It has been brought to our attention that there is a group of dog owners that would like to address your committee regarding more off-leash time in some of the Grover Beach city parks. Oill senior community surrounding Golden West Park would like to make sure that this park is not considered for any off-leash time. Since it is mostly seniors that visit this park, jumping and running dogs are not compatible with the elderly. Also, as you know, this September Golden West Park will see its new construction begin and the eagerly anticipated new design will be eliminating the grass except for a small diamond shape in its center. There would be no room for a dog to run and play. It seems obvious that Golden West Park would not be a good fit for off-leash dogs; however, we wanted to put it on the record that the voice of the majority of its users would prefer not to have this be an off-leash park at any time. Thank you for considering our wishes. Golden West Gardens Architectural Committee

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