Off-leash dogs�o N o� MEETING DATE: 06/18/12
ITEM NO: 1
v
toy GA� COUNCIL AGENDA REPORT
DATE: JUNE 12, 2012
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
TITLE: DOGS OFF- LEASH: PILOT PROGRAM IMPLEMENTATION
A. ACCEPT THE STAFF REPORT ON THE COMMUNITY INPUT
PROCESS AND RECOMMENDATION REGARDING A DOG
OFF -LEASH PILOT PROGRAM
B. DIRECT STAFF TO BEGIN A DOG OFF -LEASH PILOT
PROGRAM FOR LIMITED HOURS AT BACHMAN PARK DAILY
BETWEEN 7:00 A.M. AND 9:00 A.M. AND AT LIVE OAK
MANOR PARK DAILY BETWEEN 9:00 A.M. AND 11:00 A.M.
C. DIRECT STAFF TO REPORT BACK TO THE TOWN COUNCIL
REGARDING STATUS OF THE PROGRAM NO LATER THAN
SIX MONTHS AFTER IMPLEMENTATION.
RECOMMENDATION
1. Accept the staff report on the community input process and recommendation regarding a dog
off -leash pilot program.
2. Direct staff to begin a dog off- -leash pilot program for daily, limited hours at Bachman Park
(7:00 a.m. and 9:00 a.m.) and Live Oak Manor Park (9:00 a.m. and 11:00 a.m.)
3. Direct staff to report back to the Town Council regarding the status of the program no later
than six months after implementation.
BACKGROUND
In recent years, several residents began utilizing Town parks (specifically Bachman, Live Oak
Manor and La Rinconada) as unofficial off -leash dog areas. As a result, many members of the
community requested that this issue be officially addressed by the Town. In October 2009, the
issue was brought before the Parks Commission. Staff proposed to explore and evaluate the
opportunities to implement a pilot off -leash program. The Parks Commission voted against this,
citing safety concerns and potential use conflicts in parks.
PREPARED BY : TODD CAPURSO
Director of Parks and Public Works
Reviewed by: Pj Assistant Town Manager Town Attorney Finance
N:\PPW\MANAGEMENT \COUNCIL \COUNCIL REPORTS\2012 ReportsUune Moff =leash park use.docx m �
PAGE 2
JUNE 12, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: DOGS OFF - LEASH: PILOT PROGRAM IMPLEMENTATION
BACKGROUND (cont'd)
More recently, informal groups of dog owners and park users have re- initiated this topic. At the
February 6, 2012 Town Council meeting, the Council requested that the topic of off -leash dog
areas be brought to Council for discussion by the end of March. On February 7, 2012, the Parks
Commission requested that Town staff prepare a proposal regarding an implementation plan for
evaluating an off -leash dog pilot program. On March 19, 2012, Town Council directed staff to
evaluate options for a dog off -leash pilot program, conduct a public input process, and return to
Council with a recommendation no later than June 18, 2012.
DISCUSSION
Research /Evaluation.:
As a first step in evaluating a potential pilot program for off -leash hours, staff contacted other
local municipalities that have experience with dog off -leash programs to gather information
about their programs and experience with off -leash facilities. The cities of Santa Cruz,
Burlingame, Menlo Park, and San Mateo have established off -leash hours in some of their parks,
and the city of San Carlos is currently conducting a pilot program to evaluate off -leash hours in
two of its city parks. The City of Burlingame hours are from 6 -7:30 a.m. each day. Menlo Park
has designated the hours of 8 -10 a.m. in two of its softball field facilities for daily off -leash use.
The City of San Mateo has established 6 -8 a.m. in designated field areas at two parks, and 6 a.m.
— 10 p.m. for three other parks with designated fenced areas. The City of Santa Cruz allows for
off -leash use in designated areas within seven of its parks, generally from sunrise to sunset. The
pilot program in San Carlos involves the use of athletic field areas for both morning (8 a.m. —
noon) and evening (6:30 p.m. - sunset) hours. These agencies have reported that there are no
major issues with the off -leash hours at the parks, and that minor issues have been resolved
through self - regulation. Representatives from these agencies have also indicated that fencing has
concentrated the turf impact, resulting in significant maintenance for parks staff.
Next, staff examined the Town's inventory of parks, identifying six that would be large enough
to accommodate some form of off -leash use. After further analysis of current programming,
layout, and existing demand for off -leash use, three of the six were selected for evaluation of a
pilot program. These parks were La Rinconada, Live Oak Manor, and Bachman Park. In
proposing potential pilot program options, staff recommended that any implementation of a pilot
program should be resource neutral, utilizing self - policing and volunteer maintenance efforts as
much as possible. The pilot would run for a maximum of six months, and could be cancelled at
any time during that pilot period if major impacts or issues were identified. The pilot program
being evaluated would not include any permanent fencing.
Community Outreach Process:
Community outreach was conducted to gather input on the proposed pilot program for all three
park sites. Three separate community meetings were held on Wednesday evenings at Louise
Van Meter Elementary School. Meeting notices were sent to residences within 300 -500 feet of
PAGE 3
JUNE 12, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: DOGS OFF- LEASH: PILOT PROGRAM IMPLEMENTATION
DISCUSSION (cont'd.)
Community Outreach Process (cont'dZ
each of the three potential pilot program parks, and notices were placed at each park location to
inform users of the community meetings.
The meetings were noticed on the Town of Los Gatos website, as well as advertised in the Los
Gatos Weekly Times and Los Gatos Patch.
• The first meeting, with 52 people in attendance, was used as an opportunity to hear the
thoughts and concerns of the attendees about the general concept of an off -leash pilot.
Staff utilized the feedback provided at that meeting, along with input that was received
via emails and phone calls, to develop a proposal for specific areas of the parks and
potential off -leash hours.
• At the second meeting, with 57 people in attendance, staff presented their proposal based
on the feedback from the first meeting. Feedback was again gathered regarding the
proposals and regarding the concept in general.
• The third meeting, with 29 people in attendance, was utilized to gather additional input
on the proposed areas and hours, and to narrow down the proposal in order to help
formulate a staff recommendation. It should be noted that at the conclusion of the third
meeting, La Rinconada Park was removed from further consideration due to concerns
about impact on wildlife in the adjacent riparian corridor, concerns about proximity of the
turf area to the road, and a lack of demonstrated support for off- -leash use at that
particular park.
Feedback from all three community meetings included concerns about allowing off -leash hours,
as well as support for some form of off -leash program. Community concerns included the
following:
• Potential for incidents with children, even if dogs were being playful. Children may be
knocked down or scared by an enthusiastic dog.
• Negative interactions between dogs and people trying to picnic or hold parties in the
park. Various stories were shared including dogs stealing food and birthday cakes from
park users.
• Potential for additional issues with dog waste, if dogs are allowed off- leash.
• Interactions between on -leash dogs and off -leash dogs may lead to aggression and
incidents between dogs.
• Increased parking and noise associated with allowing off -leash use.
• Increased maintenance associated with off -leash use.
• Liability for the Town of Los Gatos should a dog harm a person or another dog.
• Potential issues with cars where the off -leash areas may be close to the street.
• Uncertainty about who will monitor and enforce the program
PAGE 4
JUNE 12, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: DOGS OFF - LEASH: PILOT PROGRAM IMPLEMENTATION
DISCUSSION (cont'd.)
Community Outreach Process (cont'd)
The community members in favor of off -leash hours indicated that some portion of time during
the day where they could allow their dogs to run off -leash would be desirable. They indicated
that the groups that use the parks now to run their dogs off -leash spend time to take care of the
park, picking up litter and dog waste, monitoring to ensure that the dogs that are participating are
not aggressive, and ensuring that they respect the wishes of park users who ask that they put their
dogs on- leash. These individuals feel strongly that a self - monitoring model would be successful,
as there are already established groups of users that could ensure rules are followed and that
issues are reported.
There was some support from the community, both at the organized meetings and through email,
for a fenced -in dog park or a fenced -in location at an existing park. Staff did not evaluate a
permanent fenced solution during this process, as this was not part of Council direction, and
because fenced implementations may be prohibitively expensive and would also render these
areas unusable for other park activities. Additionally, two nearby residents have proposed that
the Town's parcel at the end of Dittos Lane be considered as a temporary or permanent fenced
off -leash dog area.
Citation /Enforcement Background Information:
Over the last three years, the Town's Park Services Officer has issued 60 warning citations and 2
official citations for off -leash use in Los Gatos parks. Additionally, there have been
approximately 1,000 incidents of contact with owners regarding dogs off-leash. According to
San Jose Animal Control records, there have been five instances of stray off -leash dogs, and one
instance of a dog attacking a cat in Los Gatos Parks.
Staff also requested records from the Campbell Police Department related to incidents at the Los
Gatos Creek Dog Park, a county fenced -in dog park located within the County Parks system.
Over the past year, there have been eight (8) Campbell PD responses to that location, with three
of the eight being directly dog related. One of the responses was for a dog bite, and two were for
a noisy animal complaint. Campbell PD was unable to provide additional information on the one
animal bite response. Staff also requested records from County Parks for incidents at the same
location. The County Parks Ranger stated there were no formal records of incidents over the last
year, and that most issues at the dog park go largely unreported. He indicated that users
generally work out any issues, but when a Ranger is called for assistance, minimal involvement
is needed and citations generally not necessary. This Ranger's opinion was that because there
was separation between large and small animals, and that the area is fenced, there were very few
issues at the site.
PAGE 5
JUNE 12, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: DOGS OFF - LEASH: PILOT PROGRAM IMPLEMENTATION
DISCUSSION (cont'd.)
Liability Issues:
In general, implementing an off -leash pilot does not significantly increase Town liability
pertaining to dog bites. California law holds the owner of a dog responsible for bites their
animals inflict. While this may not be true for other injuries resulting from scratching, chasing a
person, or attacking without bites, the control of the animal is the legal responsibility of the
owner whether the dog is on or off leash. Town staff will be responsible for ensuring that the
off -leash areas are maintained to minimize safety hazards, similar to the maintenance
expectations for a playground. The Town will need to post signs informing the public of the off -
leash areas and times, and the rules for use of these areas. Town staff will also need to enforce
these rules, as well as the leash laws outside of the designated areas and times.
Staff Evaluation and Recommendations:
Staff evaluated the three community meetings' feedback, voluminous e -mail correspondence
(Attachment 1), and phone calls received regarding the proposed pilot to formulate a
recommendation. Staff believes that a trial period of approximately six (6) months would be
appropriate in order to evaluate the program and the impact it may have on the parks and the
surrounding neighborhood. Based on local interest in affording an opportunity for off -leash dogs
in parks, the pilot program is intended to provide additional recreational benefits to the
community. During the trial period, staff will monitor both the proposed off- -leash times and
remaining on -leash times to evaluate compliance with the established rules.
Staff will also monitor the traffic and parking associated with the use of the off -leash times, the
noise levels during these times, and the maintenance requirements. Parking and noise impacts,
as well as maintenance requirements will also be taken into consideration. Significant non-
compliance, parking or noise impacts, or incidents involving off -leash dogs during the
established pilot program times may all result in termination of the program before the
conclusion of the official pilot period.
Staff evaluated evening hours for the pilot program. However, based on concerns raised during
the community outreach process and use patterns for each of the parks, staff felt that evening
hours have a higher potential for use conflicts between dogs off leash and other park visitors.
These potential conflicts include small children, picnics, and other recreational use of the turf
areas. Recommendations for morning hours represent the least likelihood of use conflicts.
For the pilot program, staff recommends the following, seven days a week, in designated areas:
• Bachman Park - 7:00 a.m. — 9:00 a.m.
• Live Oak Manor Park - 9:00 a.m. —11:00 a.m.
The areas chosen for designated off -leash (Attachment 2) use were selected based on the current
use patterns for off -leash activity, distance from playground and picnic areas, and distance from
the adjacent streets. Each of these areas is approximately 0.5 acres, and represents about 12% of
PAGE 6
JUNE 12, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: DOGS OFF - LEASH: PILOT PROGRAM IMPLEMENTATION
DISCUSSION (cont'd):
Staff Evaluation and Recommendation (cont 'D
the total park space. Staff believes that these hours represent times where other uses of the park
are at a minimum, and there is less likelihood for conflicts between off - leash use and other park
activities.
Signs will be posted at the park entrances as well as in the designated areas, informing the public
of the off -leash hours, and the rules for participation in the program. These rules will encompass
both how and when the area may be used for off -leash dogs, and the behavior expectations of the
participants. The rules will be developed using best practices from other jurisdictions that have
implemented off -leash hours. Parks staff will monitor the off -leash hours, and will begin
enforcing the leash law outside of these hours and at all parks. A phone number for reporting
any concerns or incidents will be posted in each of the pilot parks, to ensure park users have a
mechanism to voice concerns or request assistance.
Parks Commission:
At the Parks Commission meeting held June 5, 2012, staff presented a recommendation for the
proposed off -leash pilot program. All nine commissioners and ten members of the public were
present. Staff presented a brief history of the issue as well as the proposed hours and areas for
the pilot program. Six members of the public spoke on the matter; three in support of off -leash
times, and three against. Details of the public comment are contained in the draft Minutes of the
June 5 Parks Commission meeting (Attachment 3). The commissioners discussed the proposed
recommendation in detail, including details of support and concern regarding the proposed pilot
program. The Commission ultimately voted to support the staff recommendation with six in
favor and three opposed.
The Commission also passed three additional recommendations: one requesting staff provide
regular updates on the pilot program at future Parks Commission meetings (8 Ayes, 0 Nays, 1
Abstain); a second that the program be communicated to the local public using all available local
outreach mechanisms (5 Ayes, 2 Nays, 2 Abstain); and a third that the Parks Commission form
an Off -Leash Dog Use Subcommittee to address both the pilot program and other Town -wide
issues related to dog use (7 Ayes, 0 Nays, 2 Abstain).
CONCLUSION
Staff recommends that if a pilot program is implemented, it should be limited to Bachman Park
and Live Oak Manor Park, for a period of 6 months, with daily hours of 7:00 a.m. — 9:00 a.m. at
Bachman and 9:00 a.m. to 11:00 a.m. at Live Oak Manor respectively. As an alternative, the
Council may recommend against the implementation of this program and /or may direct staff to
conduct additional research before returning to Council.
PAGE 7
JUNE 12, 2012
MAYOR AND TOWN COUNCIL
SUBJECT: DOGS OFF - LEASH: PILOT PROGRAM IMPLEMENTATION
ENVIRONMENTAL ASSESSMENT
The parks being considered are currently being utilized for off -leash dogs, even though off -leash
dogs are not officially allowed. Therefore, a pilot program does not change the existing
conditions in the parks or trigger any environmental review. Alternatively, even if this pilot
program is determined to be a project subject to CEQA review, it is exempt under sections 15301
and 15304. During the pilot program, staff will monitor the impacts from parking, traffic, and
noise, as well as any impact upon the natural environment of the park. This data would be used
to evaluate any potential impact of a permanent program for each of the parks and their
surrounding neighborhoods. A permanent off -leash dog program may require some level of
environmental review prior to adoption.
FISCAL IMPACT
For the pilot program, staff will need to create and post signs at each of the parks, to inform the
public of the program and to designate the areas that can be used for off -leash activity. Staff
estimates the initial cost to produce and install these signs will be approximately $1,000.
Additionally staff estimates resources required to monitor the program to be in the range of
$10,000 to $15,000 in personnel costs. These costs will be covered by reductions to other Town
services and staffing.
Attachments:
1. a. Public Comment / correspondence — comments in support
b. Public Comment / correspondence — comments opposed
c. Public Comment / correspondence — miscellaneous comments
2. Designated Off -leash Area Maps; Bachman and Live Oak Manor
3. Draft Minutes — June 5, 2012 Parks Commission Meeting
THIS PAGE
INTENTIONALLY
LEFT BLANK