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HomeMy WebLinkAbout12-Parks and Rec ." . Ci"r:v OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION OR'/'" ql~L From: Annie F. Ramos, Director II ~ II ~ i-\ Subject: RESOLUTION ESTABLISHING A DESIGNATED OFF-LEASH DOG PARK AT WILDWOOD PARK AND AUTHORIZATION TO TRANSFER $16,000 IN PARK CONSTRUCTION FUNDS TO COVER COST OF CONSTRUCTION AND AMENDMENT OF THE MUNICIPAL CODE TO ESTABLISH DESIGNATED OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS. Dept: Parks, Recreation & Community Services Dept. Date: December 11, 2000 Synopsis of Previous Council Action: January 8, 2001 - Council continued this item to the meeting of January 22, 2001 Recommended motion: Motion 1: Adopt Resolution Motion 2: That the Director of Finance be authorized to amend the FY 2000-2001 Park Construction Budget and transfer $16,000 from Account No. 243-363-5505-1944 (AI Guhin Park Development) to cover construction costs for the off-leash dog park at Wildwood Park. Motion 3: That the ordinance amending the San Bernardino Municipal Code regarding designated off-leash areas for dogs in public parks be laid over for final adoption. l_~~-K~ Signature Contact person: John Kramer Phone: 384-5031 Supporting data attached: StalTReport, Resa. w/attachment "A." ordinance Ward: 4 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) 243-363-5504-1944 (Acct. Description) Al Guhin Park Development Finance: Council Notes: lJ~JU1/JJ- Agenda Item No. 'J..5 12-11-00 , ' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution establishing a designated off-leash dog park at Wildwood Park and authorization to transfer $16,000 in Park Construction Funds to cover cost of construction and amendment of the Municipal Code to establish designated off-leash areas for dogs in public parks. Background: At its August 17, 2000 meeting, the Park and Recreation Commission received a presentation and proposal from a group of private citizens to develop an off-leash dog park at Wildwood Park. In response to this request, the Commission appointed an ad-hoc committee comprised of Commissioners, staff, and citizens to further study the proposal. The ad-hoc. committee conducted several meetings, including on-site meetings at Wildwood Park, as well as hearing presentations from dog-park proponents from other cities. Based on their study and public input, the Commission conducted a Public Hearing on December 14, at the Feldheym Library. Input at the hearing was all favorable for an off-leash dog park in the area shown on Attachment "A". The Commission adopted the following motions based on this community input: Motion 1: That the hearing be closed; Motion 2: That the Commission recommend to the Mayor and Common Council that a Dog Park be developed at Wildwood Park at the designated site; Motion 3: That $16,000 in Park Construction Funds be transferred from Al Guhin Park Development to cover construction costs; Motion 4: Direct staff to recommend to Council the appropriate amendments to the San Bernardino Municipal Code. An estimated 1600 linear feet of chain link fence is required for the off-leash dog park. The department is estimating costs at $10 per linear foot. While one fence company estimate was at $14 per linear foot, the department believes that competitive bidding will bring the project in at or below estimate. The exact specifications for the fencing still need to be determined. The Ad Hoc Committee to the Parks and Recreation Commission suggested 4' fencing, however, the Animal Control Commission suggested 6' fencing. A design committee from both commissions, interested citizens, and staff from the two departments will finalize the layout and fence specifications if the off-leash dog park is approved. The amendment to the Municipal Code allows for the establishment of designated off-leash areas for dogs in city parks and sets rules and regulations of use, such as no animals other than dogs permitted, no sick, in heat, injured, or less than four (4) months of age (see attached ordinance Section 2-C 1-9 for additional rules and regulations). Signs will be posted displaying the rules and regulations. The amended Municipal Code has been reviewed and approved by the Animal Control Commission and staff. The Municipal Code currently prohibits dogs from running loose or unrestrained in the city. " Liability should not be a major issue. Over a dozen cities with dog parks, some for more than five years, were surveyed by staff and not one city has had a claim. These cities were Rancho Cucamonga, Upland, Palm Springs, Redlands, Palm Desert, Riverside, Claremont, Costa Mesa, Laguna Beach, Los Angeles, Poway and Huntington Beach. The only city that has had a problem is Huntington Beach. Their dog park has created a noise issue because it is within 50 feet of a residential area. This will not be a problem at Wildwood Park since residential areas are approximately 400 or more feet away. Additionally, the department will be working closely with community members who have been proponents of the dog park to help minimize risks. These members have agreed to be a part of a support group to help enforce rules, educate users about dog park usage and etiquette, and assist with maintenance, This will include eliminating gopher holes and mounds. Further, the ordinance constitutes a use of the dog park is implied consent by the user to waive liability, assume all risk and undertake to indemnify, defend and hold the city harmless. The City's Risk Management staff has reviewed the liability issues of dog parks and believes that a dog park at Wildwood Park does not present any increased risk to the City. Financial Impact: Cost to construct 1,600 feet of chain link fencing is estimated to be $16,000. It is recommended that $16,000 be transferred from the Al Guhin Park Development Account (243-363-5504-1944) to this project. These funds are surplus from a previous project allocation at Al Guhin Park, Additional costs for signage, trash cans, benches, and a drinking fountain, estimated at $6,000, will come from community donations solicited by community members or from the Parks and Recreation Department's approved budget. Recommendation: Adoption of the form motions is recommended. 01-17-01 dlb 2 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Annie F. Ramos, Director · . 'L i to Ii ...... . J . i" , ~. _'. . ~;I 'II' ubject: RESOLUTION ESTABLISHING A DESIGNATED OFF-LEASH DOG PARK AT WILDWOOD PARK AND AUTHORIZATION TO TRANSFER $16,000 IN PARK CONSTRUCTION FUNDS TO COVER COST OF CONSTRUCTION AND AMENDMENT OF THE MUNICIPAL CODE TO ESTABLISH DESIGNATED OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS. Dept: Parks, Recreation & Community Services Dept. Date: December 11,2000 Synopsis of Previous Council Action: None Recommended motion: Motion 1: Adopt Resolution Motion 2: That the Director of Finance be authorized to amend the FY 2000-2001 Park Construction Budget and transfer $16,000 from Account No. 243-363-5505-1944 (AI Guhin Park Development) to cover construction costs for the off-leash dog park at Wildwood Park. Motion 3: That the ordinance amending the San Bernardino Municipal Code regarding designated off-leash areas for dogs in public parks be laid over for final adoption. 4/J(~ &/lP> 6:1"~~~ Signature Contact person: John Kramer Phone: 384-5031 Supporting data attached: Staff Report, Rcso.w!altachmen'''A,''ordinance Ward: 4 FUNDING REQUIREMENTS: Amount: Nt A Source: (Acct. No.) 243-363-5504-1944 (Acct. Description) Al Guhin Park Development Finance: ~A./~~ Council Notes: 1lgllJI ., I Agenda Item No. J 7 12-11-00 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution establishing a designated off-leash dog park at Wildwood Park and authorization to transfer $16,000 in Park Construction Funds to cover cost of construction and amendment of the Municipal Code to establish designated off-leash areas for dogs in public parks. Backl!round: At its August 17, 2000 meeting, the Park and Recreation Commission received a presentation and proposal from a group of private citizens to develop an off-leash dog park at Wildwood Park. In response to this request, the Commission appointed an ad-hoc committee comprised of Commissioners, staff, and citizens to further study the proposal. The ad-hoc committee conducted several meetings, including on-site meetings at Wildwood Park, as well as hearing presentations from dog-park proponents from other cities. Based on their study and public input, the Commission conducted a Public Hearing on December 14, at the Feldheym Library, Input at the hearing was all favorable for an off-leash dog park in the area shown on Attachment "A". The Commission adopted the following motions based on this community input: Motion 1: That the hearing be closed; Motion 2: That the Commission recommend to the Mayor and Common Council that a Dog Park be developed at Wildwood Park at the designated site; Motion 3: That $16,000 in Park Construction Funds be transferred from AI Guhin Park Development to cover construction costs; Motion 4: Direct staff to recommend to Council the appropriate amendments to the San Bernardino Municipal Code. The amendment to the Municipal Code allows for the establishment of designated off-leash areas for dogs in city parks and sets standards and conditions of use, such as no animals other than dogs permitted, no sick, in heat, injured, or less than four (4) months of age (see attached ordinance Section 2-C 1-9 for additional standards and conditions). The Municipal Code currently prohibits dogs from running loose or unrestrained in the city. Financial Impact: Cost to construct 1,600 feet of chain link fencing is estimated to be $16,000. It is recommended that $16,000 be transferred from the Al Guhin Park Development Account (243-363-5504-1944) to this project. (It is not anticipated that all of the project funds budgeted for the Al Guhin Park project will be expended this year.) Additional costs for signage, trash cans, benches, and a drinking fountain, estimated at $6,000, will come from community donations solicited by community members or from the Parks and Recreation Department's approved budget. Recommendation: Adoption of the form motions is recommended. 12-lI-llOdlb 1 . '- 2 3 4 5 6 7 8 9 10 ,.- '- ~g~W RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A DESIGNATED OFF-LEASH DOG PARK AT WILDWOOD PARK. WHEREAS, as determined by a Public Hearing conducted by the Park and Recreation Commission, there is a substantial interest in an off-leash area for dogs within a public park; and WHEREAS, it is determined that the establishment of off-leash areas will provide a substantial benefit in the form of exercise and social interaction for dogs and their owners; and WHEREAS, the City wishes to provide a designated off-leash area at Wildwood Park. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of the 11 City of San Bernardino as follows: 12 13 14 15 Section 1, That a dog park be constructed at Wildwood Park in an area shown on attachment "A". Section 2, That the dog park at Wildwood Park be designated as an off-leash area subject 16 to the requirements, rules, regulations, and conditions of the Municipal Code. 17 III 18 III 19 III 20 III 21 III 22 23 III 24 III 25 III 26 III 27 III YLlJ. /1 "'- 28 1 ( / r/o I 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF - SAN BERNARDINO ESTABLISmNG A DESIGNATED OFF-LEASH DOG PARK AT ....... 2 WILDWOOD PARK. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a Meeting, thereof, 6 held on the day of ,2001, by the following vote, to wit: 7 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 11 MC GlNNIS 12 SCHNETZ 13 SUAREZ 14 DEAN ANDERSON ,-. io- 15 MC CAMMACK 16 17 Kachel ClarK, City ClerK 18 The foregoing resolution is hereby approved this day of , 2001. 19 20 21 Approved as to form and legal content: 22 James F. Penman 23 City Attorney 24 Bt- 'tf e-.-, 25 121 dlb 26 27 ....... 28 2 JUDITH VALLES, MAYOR City of San Bernardino .Yf3 ~ ~\\ ~..) , ). \\, , , -- /f' lLUa.c.hmetVt A NORTH '-{) WILDWOOD PARK Dog Park Proposed (1.42 acres) o IIy Residentia' SingleFam Single Family R.<Identlal ~(Q)(P)W ".. ~ ~RD ANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.1300 T SAN BERNARDINO MUNICIPAL CODE, REGARDING 2 DESIGNA OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS. / '\ / TilE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERN~RDINO DQ HEREBY ORDAIN AS FOLLOWS: I 3 4 5 Section 1, Recitals. A. The Mayor and Common Council have determined that the establishment of 6 designated off-leash areas for dogs within public parks will more fully serve the recreational needs of City residents who own dogs. 7 B, The Mayor and Common Council further determined that the establishment 8 of off-leash areas will provide a substantial benefit in the form of exercise and social interaction for dogs and their owners. 9 C. The Mayor and Common Council studied the most appropriate means by 10 which to establish off-leash areas within the City. The City has worked with local residents to develop the regulations for usage of off-leash areas and local residents have indicated a willingness II to provide support for the establishment and maintenance of an off-leash area within a city park, 12 D, All legal prerequisites to the adoption of this Ordinance have occurred. 13 Section 2. Section 6.24.130 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: 14 A. No person owning or having control of any dog shall permit such dog to be 15 present upon any public street, sidewalk, school ground, public park, playground or any other public place, or any unenclosed private property not owned or lawfully possessed by such person, 16 upon any private property without the consent of the owner or lawful possessor thereof, unless such animal is secured by a leash no more than six (6) feet in length. A person holding such leash 17 must be capable of maintaining control over the dog. 18 B, The provisions of paragraph A of this Section and any similar requirement contained in the City's animal control regulations shall not apply to the following: 19 20 1, Any dog used by a law enforcement agency. 2. Any dog while participating in a formal dog obedience training 21 program or any dog participating in a dog show or other program expressly permitted or sponsored by the City, 22 3, Any dog within a posted off-leash area in any city park, as 23 established by resolution of the City Council, provided however, that nothing herein shall relieve the owner or person having charge, custody, care and or control of such dog from the responsibility 24 to maintain proper control over the dog nor shall this paragraph be construed as relieving such person from any liability for any damages arising out of his or her use of a lease-optional area, 25 C, In order to be subject to the exemption set forth in paragraph B.3 of this 26 Section, all persons must comply with all requirements oflaw and the following rules and regulations when utilizing any off-leash area. 27 I. No dog is permitted in an off-leash area except when in the care, 28 custody, and control ofa person at least thirteen (13) years old. Any person under thirteen (13) .- I years of age must be accompanied by and be under the direct supervision of an adult. No person may have more than two dogs in an off-leash area at anyone time. No dogs are permitted in the 2 off-leash area except during posted hours of operation. 3 2. All dogs must be at least four months of age, vaccinated for rabies, and currently licensed by the City's animal control authority, No dog that is sick, in heat, injured, 4 or less than four (4) months of age, or which displays aggressive behavior towards other dogs or humans is permitted in any off-leash area, 5 3. Any person having care, custody or control of a dog in an off-leash 6 area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog. 7 8 4. No animals other than dogs are permitted in any off-leash area. 5. The designated hours of use for the off-leash area shall coincide with 9 the regular hours of the park as designated by Section 12.68,020 of the municipal code. 10 6. As a condition of admission to an off-leash area, the owner or person in custody of the dog shall carry a suitable container or instrument for the removal and disposal of 11 dog feces, 12 7. Any person having care, custody or control ofa dog in the off-leash area must have in his or her possession a leash for such dog which shall be worn by the dog at all 13 times the dog is not in the off-leash area. 14 8. All persons will otherwise comply with all rules governing city parks and all relevant parking regulations, 15 9. The use of an off-leash area by any dog shall constitute consent of 16 the dog's owner or any person having the care, custody or control of the dog, to strictly follow the rules in this Section 6.24,130 and shall constitute a w!llver ofliability to the City, its elected 17 officials, officers, and employees, an assumption of all risks, and an agreement and undertaking to protect, indemnify, defend and hold harmless the City, its elected officials, officers and employees, 18 for any injury or damage to persons or property during any time that the dog is in the off-leash area, and during any time that a dog may escape from the off-leash area. 19 D. In the event that any provision of this Ordinance, or any part thereof, or any 20 application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as implied, such 21 holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said 22 provision as applied to any other person or circumstance. It is hereby declared to be the legislative mtent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, 23 or ineffective provisions not been included herein. 24 E. Any person violating any provision of Section 6.24.130 shall be guilty of an infraction, punishable as set forth in Section 1.12,010 of this Code, 25 F. The violation of any of the provisions of this Ordinance shall constitute a 26 nuisance and in response therefore, the City may ban the offending dog(s) and/or its/theirs owner(s) or person(s) in custody of the dog(s) from use of the off-leash area. 27 28 III .~ 1 2 3 4 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.130 OF THE SAN BERNARDINO MUNICIPAL CODE, REGARDING DESIGNATED OFF-LEASH AREAS FOR DOGS IN PUBLIC PARKS. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a Meeting, thereof, 6 held on the day of ,2001, by the following vote to wit: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MC GlNNIS SCHNETZ SUAREZ DEAN-ANDERSON MC CAMMACK Rachel Clark, City Clerk The foregoing Ordinance is hereby approved this day of ,2001. JUDITH VALLES, MAYOR City of San Bernardino James F. Penman City ttorney ,( ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 1- -z.:2- -() \ Item # ,-:) ~ A Resolution # Vote: Ayes i-..l ,q-iJ Nays::' Abstain -++- ) Change to motion to amend original documents: LCX'J 1 - .;;L S Absent -&- Reso. # On Attachments: / Contract term: - NullNoid After: Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date:-- Date Sent to ~1r \ ' )"\ -0 , Date of Mayor's Signature: \-;)S -0\ Date O~DC Signature: ! -.9,5-<:>\ See Attached: -= Reso. Log Updated: Seal Impressed: / ./ Date MemolLetter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: Date Returned: -- See Attached: ~= Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / No By Yes No ..L By Yes No v' By Yes No j/ By Yes Nol By Copies Distributed to: City Attorney ./ Parks & Rec. V Code Compliance Dev. Services EDA Finance / MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: \- J (n'O l