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HomeMy WebLinkAboutItem OAGENDA REPORT DATE: March 25, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: June Yotsuya, ACM SUBJECT: CONSIDERATION OF RESTRICTED USE AT ZOETER FIELD FOR DOG PLAY SUMMARY OF REOUEST City Council to consider a restricted use at Zoeter Field for dog play activity for a six -month trial period and to direct City staff regarding Seal Beach Municipal Code amendments that would accommodate such use. BACKGROUND A group of 15 residents, formed as the Seal Beach Spoiled Dogs Society, requested the rental and usage of Zoeter Field for off -leash dog recreation. As per permit process, City staff (in this case, the City Manager) reviewed the request and denied the application because of ordinance prohibitions and concern over the use of this facility for such purpose. In February 2002, the City Council reviewed the appeal of staff denial of this facility rental request for Zoeter Field. Some of the issues discussed by the City Council included mixing uses on an athletic field, health concerns, necessity of changing ordinance language to permit off -leash activity even for a trial period, indemnification, facility repair, use requirements and setting precedence for other dog/animal activities in the parks. At that time, the City Council upheld the denial of the request but referred the issue to the Recreation and Parks Commission for their input. At its February 27, 2002 meeting, the Commission recommended that the City Council consider a six - month trial period at Zoeter Field for the Seal Beach Spoiled Dogs Society. The Commission recommended included permitting dog play activity at Zoeter Field during the requested hours of 6:30 a.m. to 8:30 a.m., on weekends only, with conditional restrictions addressing noise, condition of fields, neighborhood concems and supervision. Individual commissioners expressed comments regarding: limiting dog play on grass areas only; limiting maximum number of dogs to 15; establishing fees; and, conflict of interest between "no dogs" signs in parks, canine athletes, public interest and compliance with City laws. The Commission did not make any recommendations in regard to: specific Seal Beach Municipal Code changes; permit conditions; fees; or liability. Agenda Item_ March 25, 2002 City Council Agenda Report — Restricted Use at Zoeter Field for Dog Play Page 2 DISCUSSION Summary of Issues regarding Off -Leash Dog Activi Although the facility request is not specifically for a dog park, it moves in the direction of creating space for dog activity and encompasses many of the same concerns addressed in other communities through the creation of a dog park facility. In drafting appropriate municipal code language that would generally provide the City authorization to conduct a trial permit period for limited dog play at Zoeter Field without creating conflict with other park and animal control restrictions, staff researched other cities' animal control and dog park requirements. Several web sites list the following local area cities as having dog parks. Though this list may not be all - inclusive, it includes the cities of Claremont, El Segundo, Long Beach, Los Angeles, Pasadena, Redondo Beach, and Santa Monica in Los Angeles County; and Anaheim, Costa Mesa, Corona Del Mar, Huntington Beach, Irvine, Laguna Beach, Laguna Niguel, Newport Beach, and Orange in Orange County. To better understand the concems and options regarding off -leash dog activity in public places, staff contacted a number of cities regarding ordinance language, conditional uses, neighborhood and city concerns, management issues etc. either verbally or through posted website information. In addition, information was drawn from a paper on off -leash dogs in city parks provided by the California Parks and Recreation Society (an organization for park, recreation, leisure and community service professionals and interested citizens). Some of the issues regarding off -leash use include health, maintenance, user conflicts and safety. Concerns also included mixed -use incompatibility, loss of open space with the creation of separate areas and impacts to other recreational uses. Turf degradation and restoration expenses were also sited. For example, the City of Long Beach created a dog park that originally had turf. But the City had a problem with turf tracks, unsightly grass patterns, holes, mud and dust where grass was missing, etc. They replaced that with a dirt surface that caused problems with dust and mud. The park is currently surfaced with granulated crushed rock material that seems to provide a better - maintained surface. Other cities site that a non -turf, separately fenced area is a more desirable way of addressing permitted off -leash activity. Noise impacts to surrounding residences are another concem. Therefore, it was optimal for cities to find locations that were not directly adjacent to neighborhoods. Huntington Beach has a dog park located in Huntington Central Park. Since its inception, they have had repeated neighborhood complaints regarding the noise from barking dogs. They have made several modifications to their operations and will revisit this issue again in the next month to discuss further mitigation measures. Other expressed concerns included the issue of liability and risks associated with potential bites and injuries. It would be important to ensure that the users provide all appropriate insurance coverage and indemnify the City from claims and liability. However, in today's climate that does not preclude claims from being filed against the City. March 25, 2002 City Council Agenda Report — Restricted Use at Zoeter Field for Dog Play Page 3 In regard to issuing a permit for restricted dog play at Zoeter Field, concerns have been expressed regarding setting precedence for similar type activity at other times and in other parks. The early morning hours requested for dog play falls outside the time frame that recreation staff generally permits for park and athletic use. A question to consider is how the City would address similar requests from other groups and individuals. Municipal Code Amendments In order to accommodate the recommendation to provide a six -month trial period for dog play at Zoeter Field, certain sections of the Seal Beach Municipal Code will need to be amended. Attachment A identifies proposed language changes that would provide general flexibility to allow for such use. Conditions and Restrictions for Doe Play on Zoeter Field If the City were to issue a permit for dog play at Zoeter Field, staff recommends that certain conditions be attached to the permit. Attachment B provides a list of conditions and restrictions recommended for the facility use permit. This information was compiled from requirements that other cities have imposed on their dog park users and is not intended to be all - inclusive at this time. FISCAL IMPACT There is some fiscal concern regarding risk liability issues and costs associated with upkeep of field conditions. The fiscal impacts of these issues cannot be estimated at this time. To establish appropriate fees for the proposed six-month trial period, staff based fee calculations on rates provided in the current City Fee Resolution. The Fee Resolution has an established fee structure for use of the Zoeter Field softball diamond. The area for the proposed dog activity is the outfield softball area of the facility. The rate for use of the Zoeter softball diamond with no lights is $20 per hour for adult resident group use. There is an established fee of $25 per field per day for maintenance of said area. Attachment. C provides a summary of fees for the facility use permit. The calculation of fees is based on the following: 6 month period = 24 weeks x 2 days per weekend = 48 user days Hours of operation 6:30 a.m. to 8:00 a.m. = 1.5 hours Per day $20/hr rental rate x 48 days x 1.5 hours/day = $1440 for permit fe (At a fifteen dog maximum, this would calculate to $96 per dog for the six -month permit period.) Although the group would not use the whole ball diamond area, use of the outfield eliminates any other athletic activity to occur at that site during the hours used for dog play. Therefore, there is no recommendation for reduction of fees. If City Council desires to also charge the established maintenance fee rate, the cost would be an additional $1200 ($25 /day x 48 days). However, since the dog activity will not occur on the whole field and is limited to 15 dogs, the City Council may wish to consider reducing this fee to one -half at $600 as the maintenance fee for the six -month period. March 25, 2002 City Council Agenda Report — Restricted Use at Zoeter Field for Dog Play Page 4 Time Schedule for Issuance of Facility Use Permit April 8, 2002 City Council Action - Introduction of ordinance re: Code Amendments April 22, 2002 City Council Action - Adoption of Ordinance re: Code Amendments City Council Action - Adoption of Resolution providing for 6 -month restricted use of Zoeter Field for off -leash dog play May 22, 2002 Effective Date of Adopted Ordinance May 23, 2002 City Staff to Issue Facility Use Permit May 25, 2002 thru November 3, 2002 Permit Period for dog play at Zoeter Field RECOMMENDATION Staff recommends the City Council consider and provide direction in the following areas: 1. Consider approval of Recreation and Parks Commission recommendation to permit a six -month trial period to Seal Beach Spoiled Dogs Society for dog play at Zoeter Field. (This would return to City Council in the form of a resolution after municipal code changes are adopted.) 2. If Item 1 is approved, direct staff regarding proposed language changes to the Seal Beach Municipal Code as defined in Attachment A. (This item would be brought back to City Council for future adoption.) 3. Provide direction to City staff regarding fees and conditions to facility use permit for restricted dog play at Zoeter Field as defined in Attachments B and C. (This item would be addressed in the permit process by City staff once the abovementioned ordinance and resolution are adopted and become effective.) NEF NOTED AND Manager Attachment A PROPOSED MUNICIPAL CODE CHANGES Code Amendment #1: SBMC Section 3-10.16. Running at Large Prohibited. No person owning, having an interest in, harboring or having charge, care, control, custody or possession of any dog shall cause or permit such dog to be off of his or her premises, unless such dog is securely confined by a leash not exceeding six feet in length, securely and continuously held by a mentally and physically competent person owning, having an interest in, harboring or having, charge, care, control, custody or possession of such dog, or unless such dog be confined within a motor vehicle or within or on other premises with the consent of the owner, occupant or person in possession of such other premises. Leash restraint of does is required at all times in public places unless authorized otherwise by resolution of the City Council or by city permit..... . Code Amendment #2: SBMC Section 4.8-1. Dogs and other Animals Not Allowed Except in Restricted ea . It shall be unlawful for any person to perntit or allow any dog or other animal owned, controlled, or in possession of such person, to be on or upon any public or private beach, or on, upon, or in any public park or public parking lot, or on, upon, or in any public median within the City with the exception of Gum Grove Park and the Electric Avenue Greenbelt where leashed dogs are permitted. This provision does not apply to 1) dogs that are being used by disabled persons as guide or service dogs while such dogs are being used for such purposes and 2) dogs in any area designated by resolution of the City Council for use by dogs if the persons having custody or control of the doe is in compliance with posted rules eoverning.the use of the designated area or is in compliance with city permit. Attachment B CONDITIONS AND RESTRICTIONS TO FACILITY USE PERMIT FOR RESTRICTED DOG PLAY AT ZOETER FIELD This list is intended as guidelines for permit conditions and may be modified based on issues that may arise as a part of the permit process or during trial period. I. A maximum of 15 dogs are permitted in the designated area at any one time during permit period. 2. Dog owners must be 18 or over. 3. Dogs must be supervised and current with license and vaccinations. The dog must wear its license at all times. 4. Dogs may be off -leash only within the area and time designated by City permit. Dogs must be leashed until inside the posted boundary for the off -leash activity. All people bringing their dogs to off -leash areas enter at their own risk and accept full responsibility for the dog's actions. 5. Use of the designated area by any dog shall constitute implied consent of the dog's owner to all of the conditions stated in the permit and shall constitute a waiver of liability to the city and an agreement and undertaking to protect, indemnify, defend and hold the city harmless for any injury or damage caused by such dog during any time that the dog is not on its leash. 6. Each dog owner shall provide insurance certificates and release forms as required. 7. Aggressive, unruly dogs are not permitted. Owners are legally responsible for any injury caused by their dog. The owner/handler of any dog exhibiting aggressive or unruly behavior shall be required to immediately remove the offending animal. 8. Female dogs in season are not allowed. 9. There must be an owner/handler for each dog brought to the park. 10. Owners are required to clean up after their dogs. 11. Dogs that are off -leash must be under "voice control." This means the dog must respond immediately and obediently to single commands. Dog owners must carry a leash and leash the dog immediately if it becomes aggressive toward a person or other animal. 12. Owners should be sure their dog does not dig holes, chase wildlife or destroy vegetation. Attachment C PROPOSED FEES FOR FACILITY USE PERMIT FOR RESTRICTED DOG PLAY AT ZOETER FIELD Option 1: Rental Fee based on 24 -week trial period $1440 Maintenance Fee based on 48 days 1200 Total Permit Fee $2640 m Option 2: Rental Fee based on 24 -week trial period $1440 Half of Maintenance Fee based on 48 days 600 Total Permit Fee $2444 Draft Minutes from Seal Beach Recreation and Parks Commission Meeting of January 27, 2002 Seal Beach Recreation Commission Meeting Minutes February 27, 2002 D ( /A" „ F T Call to Order l�loU� The meeting was called to order by Chair, Andy Rohman, at 6:40 p.m. Flap Salute Approval of Agenda Approved and submitted. Oral Communications Andy Rohman explained the Brown Act. Agenda Items 1. Ron Stevenson, Zoeter ball field use A. Ron Stevenson submitted an outline to the Commission and asked present members of the Seal Beach Spoiled Dogs Society ( SBSDS) to stand and be recognized. B. The genesis of Mr. Stevenson's concern is securing a safe area for dogs to run off - leash. He stressed that members of the SBSDS leave the field cleaner than when they arrived. He reported that the dogs use the outfield area. With cleanliness an issue, there should be no concern about children using the field for t -ball. Captain King clarified that t -ball is practiced in the outfield. C. Mr. Stevenson wants Recreation to allow SBSDS to reserve Zoeter Field (and other parks) for dogs to run off -leash in a manner similar to how athletics reserve park fields. The SBSDS would sign a rental agreement and pay a fee, reserve time and be responsible for damage, etc like any sports team. The society would limit use to no more than 15 dogs and the hours would be regulated for use between 6:30 — 8:00 A.M. Captain King clarified that currently no organized park activities are permitted until 0800 with a 10:00 pm curfew. Mr. Stevenson requested support of the commission with a recommendation to Council. D. Commission Rohman expressed concern regarding the fees structure, who would collect it, and when. E. The Commission agreed to offer a recommendation to City Council for the SBSDS to have a 6 month trial period at Zoeter Field during the requested hours of 6:30 to 8:00 am on weekends. Conditional use with restrictions regarding noise, condition of the fields, neighborhood concerns, and supervision. Carla Watson emphasized the importance of dogs being kept in grass areas only with a maximum of 15 dogs. 2. Seal Beach Kids Baseball A. Orville King reported having an informal informational meeting with KBA and AYSO earlier in the day. Bob Eagle and Kirk Zuniga also attended. Purpose of meeting was to ensure cooperation between the groups. Carla Watson asked for minutes from this meeting. She asked the size of Kids Baseball leagues. Orville King assured the commission that it was a very casual meeting; no minutes were taken as it was a meeting to gain information. He meets with people every day to gain more information about Recreation issues. B. Bob Heanan reported there are 439 kids registered; 436 are local residents. C. Allen Gardner, resident of College Park East, reported that since the terrorist attacks September 11, the Seal Beach Naval Weapons Station has heightened security and the fields are now limited for baseball use. 3. Pool Update A. Kirk Zuniga reported that the pool heating repairs are underway. B. Doug Dancs reported that Prop 12 grant funds are being used for pool heater, cover, diving boards and fencing. 4. Recreation and Community Services restructuring communication with Parks. A. Doug Dancs reported that Bob Eagle is doing a complete inventory of the parks and needed improvements. He said there are approximately $900,000 in unfunded projects. Doug stated that the Prop 12 grant funds are also being used for a gym floor, bleachers at Zoeter Field and roofing at Marina Center. B. Bob Eagle reported that the actual swing set at the beach tot lot needs to be replaced. They cannot hang new swing seats from the existing rusted swing frame. Director's Report Orville King stated that Kathleen McGlynn and Kirk Zuniga were doing a wonderful job. Seal Beach and Los Alamitos are working together to streamline programs and determine better ways of doing business. Captain King asked the Commission to review information and consider making a recommendation to City Council regarding how the City should proceed with Los Alamitos School District in regards to the proposal by the District that the City pay the for use of the gym, pool and tennis courts. Carla Watson expressed great concern that the School District would try to gouge the city. She stated that the citizens have already paid for the pool, and additional payment would constitute "double dipping." She agreed to offer a recommendation to Council that we do not pay funds to the district. She stated she did not want a 3 -1 vote, but rather unanimous on the decision. Lisa Chattler stated she needed more information, and believed the proposed charges may be related to ongoing school district negotiations. Captain King suggested the issue be agendized for the next Commission meeting. Commissioners Concerns Carla Watson expressed concern about keeping the Seal Beach Spoiled Dogs Society exclusive. She stated there is a conflict of interest with "no dogs' signs; canine athletes, public interest and compliance with City laws. Commission agreed to present information to City Council. She inquired if a "wish list" for the parks is being kept and prioritized. Carla expressed concern about double dipping by charging kids a swim fee. She opposed paying a fee. She inquired whether or not Long Beach charges a fee. Emily Frazier inquired about the swings at the tot lot beach park. She stated that they have been gone for at least three weeks, and the repair should only take a matter of days. She also stated that the rebar is protruding from the dolphin at tot lot beach park and Nancy Beard promised to replace it long ago. She also suggested posted a "No Dogs" sign. Bob Eagle responded, stating the equipment does not meet standards, needs to be replaced, and is presently out to bid. Emily Frazier expressed concern about the Senior Room at Mary Wilson Library. She said the door slams into the window, the electrical outlets aren't working, there are ants and rodents. Emily suggested provided a check -off sheet to the seniors to help remind them to turn off lights and take out trash, etc. Doug Dancs responded that he is working with Orange County Libraries to expedite a shared maintenance program. He will see what can be fixed now. Doug is also exploring our existing janitorial contract to see if the Senior Room can be incorporated. Interoffice Memorandum DATE: March 25, 2002 TO: Mayor and Members of the City Council FROM: June Yotsuya, ACM SUBJECT: CORRESPONDENCE RECEIVED REGARDING AGENDA ITEM O Staff is forwarding correspondence from Ron Stevenson, representing the Seal Beach Spoiled Dogs Society, in regard to tonight's agenda item to consider permitting dog play at Zoeter Field. Staff has also provided some comments addressing issues identified in the email. Cc: City Clerk City Manager City Attorney June Yotsuya From: ronald Stevenson [usarstevenson@earthlink.net] Sent: Monday, March 25, 2002 9:33 AM To: June Yotsuya Subject: FW: Agenda Report- response March 25, 2002 City of Seal Beach Attn: Ms. June Yotsuya / Mr. John Bahorski Ms. June Yotsuya and Mr. John Bohorski, Thank you for the Agenda Report dated March 25, 2002. After our review, we found that several items should be clarified and we offer suggestions that warrant your further consideration. Following are those items and suggestions in the same order and time permitting may not be all inclusive: BACKGROUND - National holidays was omitted in the 3rd paragraph. We requested use of the field on week -ends and national holidays. FISCAL IMPACT - "The rate for adult ball play use of the Zoeter softball diamond with no lights is $20 per hour ". -SBSDS submits that the more appropriate reference is to "kids ball play" vs "adult" who in this case are acting as handlers made in reference to dog parks in other communities. Mindful that my experience is that these dog parks your referencing for other purposes do not have a charge for field use. What's set the SBSDS proposal different than others is that this is "permited use" not a "DOG PARK ". Such references lead to confusing the residents to believing that it will be open to general use free as other communities vs permitted paid use only. Further it is for SBSDS only during this trial period. - -It is submitted that the hours requested by SBSDS are not prime time and actually new found income for Seal Beach for the hours of 6:30 to 8am warrant consideration for minimal cost benchmarking kids baseball vs adult level. cost. Thus making this activity more affordable for all SBSDS residents. -SBSDS submits absence of any cost justification that the maintanence fee of $1200 or $600 should actually be a maintenance deposit of $50 one time until such justification is made for a fee for re- occurring maintanence requirements associated with the use after the trial period. - Please be reminded that SBSDS do not require the diamond to be prepared as it is for a softball game is; water, drag and chalk? Nor do we require the use of the scoreboard, dugouts, bleachers, or infield. RECOMMENDATIONS - Item 13- We request your consideration that the SBSDS be included with the city council in the recommendations and directions with respect to Attachments A, B & C. ATTACHMENT A- SBMC Section 4.8 -1: "Dogs and Other Animals Not Allowed... ", an exception should be made for Marina Park Dog Obedience Classes. ATTACHMENT B - #9: "...Owner /Handler for each dog... ", SBSDS submits this is something each team should decide ie; cases where one owner owns two dogs or one owner handling another members dog as well as their own. 1 ADD TO ATTACHMENT B #13 - Permits for use of Zoeter field to be issued to Seal Beach residents only. ADD TO ATTACHMENT B #14 - During use of the field a copy of the members rental permit must be in the pet owner's possession and available to show anyone concerned when requested. ADD TO ATTACHMENT B #15 - Only SBSDS members are permitted on Zoeter Filed during the hours designated on the permit. ATTACHMENT C - We simply request that this area be researched with regard to the generalizations noted above. Siqnage at the gate was not addressed. For example we suggest that a sign read "canine dog activity by permit only during specific hours and days". SBSDS has set clear it's requirements for joining the team as "sponsorship by founding member in writing." Like any ball team "try outs" are required to become a team member. June and John, thank you for your consideration for the above suggestions for modifications and additions to the administrations submission to the city council. Our purpose is to insure this permitted use of Zoeter Field doesn't exclude any of the SBSDS founding resident's by way of cost or other restrictive measures more commonly associated with "DOG PARKS ". Please advise if SBSDS will have any time to present these recommednations and comments to the City Council in this evenings meeting or if you will include this message with your agenda memo for their viewing. Regards, Ran phone 562- 901 -2221 • - - - -- Original Message - - - -- • From: June Yotsuya [mailto:JYOtsuya @ci.seal - beach.ca.us] • Sent: Friday, March 22, 2002 12:59 PM • To: usa.rstevenson @cma-cgm.com • Subject: FW: Agenda Report > > - - - -- Original Message - - - -- * > From: June Yotsuya > > Sent: Friday, March 22, 2002 12:29 PM > > To: 'usa.rstevenson @cma- vgm.com' > > Subject: Agenda Report > > Mr. Stevenson, > > The City Manager asked that I email you the agenda report for next > Monday's meeting - regarding the facility use request for dog play at Zoeter > Field. The only thing that is not a part of this email is the draft Ben > Commission minutes that were included in the report as an attachment because > I don't have the word file for it. 2 Comments re: Correspondence from SBSDS BACKGROUND Wants holidays to be included Holidays were not included in the recommendation by the Recreation and Parks Commission. Have concerns because holidays fall on weekdays. See item below about fees. FISCAL IMPACT Does not want to be charged adult fee rate of $201hour, wants to be considered kids group use which is no charge. He cites that dog parks do not charge for use, yet states that his group would a permitted use and not a dog park. Also says that the hours they would be using are not prime time and would be new income for the city and should be considered at the kids' group use rate. The City has permit fees established in the fee resolution. Staff is proposing a fee for the permit based on adult use. The dogs are not kids. The owners/handlers (who must be 18 years or older) are to be with dogs on the field and therefore, will be using the field, with their does. Regardless of the time of day of use, there will be an impact to the fields and the community with this new and mixed use on the field. If the City were to base fees on the youth group rate, there would be no new source of income. The fees that are established are not for profit purposes, but to mitigate administrative overhead and operational costs of the field. Does not want to pay a maintenance fee of $600 or $1200 but only a $50 deposit until justification is made for having to pay a recurring maintenance charge. States that there would be no need to maintain the ball diamond as in a ball game, because they do not require the use of the scoreboard, dugouts, infield, etc Because of the mixed use of animal activity with human use, there would be a greater need to inspect and maintain the fields on the same day as the usage occurs. In the event of a ball game, sometimes maintenance, etc. occurs on the following weekday, because staff does not work on weekends. Maintenance staff provided on weekends for field inspection and maintenance would be an additional expense for the city. Recreation staff states that athletic teams who want a staff person available on weekends to provide prep and maintenance pays an additional fee above the regular maintenance fee established in the fee resolution. The group would be using the outfields that are grassed and will require additional turf maintenance. RECOMMENDATIONS Requests that the group be included with the City Council in the recommendations and directions with respect to ordinance language, fee rates and conditional uses. Applicant and public will have an opportunity to provide comments during oral communication. Under Old Business section of the Agenda, the City Council will consider report by staff and any correspondence or public comments presented during oral communication. ATTACHMENT A Wants to include in ordinance language change for SSMC Section 4.8 -1 to include reference to Marina Dog Obedience Classes. The new language is designed to generally provide restrictive use and that the restrictive use be determined by resolution or city permit. Therefore, there is no need to state this reference in the municipal code. Obedience classes are distinctly different from a free play environment by SBSDS. ATTACHMENT B Requirement is for one dog, one ownerlhandler. SBSDS wants to decide for themselves regarding how many handlers per dog. Willing to accept one owner/handler per two dogs, but City Council needs to determine if they want more dog control on the field and keep one to one ratio. Regardless, it should be specifically identified in the conditions. Permits to be issued only for Seal Beach residents. Zoeter Field is a public park and is open to everyone to apply for use. There is a priority list — city, school, youth resident, youth non - resident, adult resident, adult non - resident, business. The condition can be placed on the specific permit for SBSDS but should not be applicable to all permits. Copy ofpermit should be in possession of ownerlhandler using the field Can make this a part of the condition. Only SBSDS members on Zoeter Field during permit hours. Can make this a part of the condition. Signage was not addressed Signage is not a condition of the permit but an issue that will be addressed and determined by City staff if the permit was authorized.