Item 8.3 ADDITIONAL MATERIAL submitted by Narevsky at Council MeetingDate:
Item #:
Submitted by:
Silverset Park comments
Submitted by David Narevsky
12773 Treeridge Terrace
Poway CA
The City Council has the authority to change the rules to allow off leash dogs at Silverset park. However,
the City must first undertake the appropriate environmental review prior to taking such action.
On 9 -12 -1990, the City of Poway approved a Negative Declaration for Silverset Park ( #90 -15) with No
Findings of Significance. The environmental review did not consider the impact of off leash dogs and
resulting increase in dog waste upon the environment.
In the 2005 Court of Appeal, Sixth District case, Lighthouse Field Beach Rescue v. City of Santa Cruz, et
al., the principal issues are whether the City of Santa Cruz (City) complied with the California
Environmental Quality Act (CEQA) in preparing its initial study of the proposed revisions of the 1984
Lighthouse Field State Beach General Plan, adopting a negative declaration instead of preparing an
environmental impact report (EIR), and approving the revised general plan.
The petition alleged that the City "abused its discretion and failed to act in the manner required by law"
by (1) failing to adequately "describe the environmental setting, including the impacts and extent of the
current off -leash dog use at the Beach" in its initial study, (2) failing to certify an EIR since the
"administrative record contains a fair argument that the amendments to the Plan may result in
significant environmental impacts relating to but not limited to the continuing and increasing presence
of off -leash dogs at the Beach ... ," and (3) improperly deferring environmental analysis of "the impacts
and mitigations for dog use at the Beach."
On appeal from the denial of the writ petition, appellant Beach Rescue argues that (1) the initial study is
inadequate because it failed to adequately describe the environmental setting and evaluate the
environmental impacts of unleashed dogs at Lighthouse Field State Beach, (2) the City's approval of the
amended plan and adoption of a negative declaration was improper because it could be fairly argued,
based on substantial evidence, that "the project may have a significant effect on the environment," and
(3) the City's deferral of unleashed dog issues to future environmental review resulted in prohibited
"piecemeal" environmental review. The Court of Appeal reversed the trial court.'
Even a temporary change in use for off leash dogs will trigger the legal requirements for an
Environmental Impact Report. Should the Council elect to proceed to evaluate this proposal, please
include the cost and required level of the environmental review as part of that consideration.
Thank you.
1 131 Cal.App.4th 1170, 31 Cal.Rptr.3d 901, 35 End. L. Rep. 20,165, 05 Cal. Daily Op. Serv. 7063, 2005 Daily Journal D.A.R. 9711
Silverset Park notes for 7 -15 -15 Council meeting
Comments about Silverset Park Proposal
Gail Narevsky
12773 Treeridge Terrace
Poway, CA 92064
I would like to speak tonight on several concerns that come to my mind about this proposal to have dogs
off -leash at Silverset Park. First, I want to say that I am not a dog — hater. I love sharing the park with
dogs that are on -leash walking with their owners. I had a dog and walked her on -leash almost daily in
the park.
The group proposing off -leash hours points to the city of Encinitas as their model. I would like to point
out that there are also several nearby cities that do not allow dogs — on -leash or off- at their parks. The
city of Escondido lists 15 parks on its website, and 10 of them do not allow dogs. Also, the city of
Carlsbad lists 20 parks on its website, and only 2 allow dogs — both of which are dog parks. Now, I am
not saying that we go that far — again, I do not mind sharing the park with leashed dogs, but I am saying
that allowing on —leash dogs in a park is also not a given. Additionally, while the group wanting off -leash
privileges has been very vocal, there are many who do not want this change and have said they will not
feel comfortable using the park if it has off -leash hours.
Silverset Park is a very nice neighborhood park. There are "regulars" who use the park often and have
made friends with other "regulars ". It is nice to go and walk the path and socialize at the same time.
And I really understand wanting to bring your dog along. One problem, as I see it is that it only takes a
few seconds for a dog to run off. More than once when the ball field was being used as a "dog park" —
before the city came in and shut it down —1 witnessed dogs who left the field through the open dugouts
to go after on -leash dogs on the trail. And I question — why do dogs need to be off -leash to socialize?
Along these same lines, Silverset Park is a neighborhood park. If it becomes a "dog park ", it will attract
more people to the park to use it with their off -leash dogs. All it takes is to look up "dog parks" on your
computer. It will not be a small group of "regular dog owners" enjoying each other's company while
their dogs romp and socialize.
Finally, I would question why the city would believe that any new rules for the park will be followed.
This whole movement started when the city put a stop to the illegal use of the ballpark as a dog park.
The off -leash group then went to the Parks and Recreation Advisory Committee and got shut down
there. However, there are still some who walk their dogs off -leash at the park — they have just moved
their location and try to do it when they know the ranger won't be there. How can we believe that they
will follow any off -leash hours? If past practices are any indication, if the hours don't suit their
schedules, why wouldn't they just make their own hours? And who is going to be doing enforcement of
these hours?
And I just had to add. Last night, (Monday, July 14) when my husband and I walked at Silverset Park
there were five dogs off -leash there and we were only there for about twenty minutes! It was fairly late
— around 8:20- and usually the park's gates are closed by then and the ranger gone. For whatever
reason, the ranger did come, and when we spoke to him, he did go and speak to one of the offenders as
she came by the bathroom. Now I do not know if any of these dog owners are part of the off -leash
group, but you can see that Silverset already has the reputation that it is okay to have your dog off -leash
there. And personally, I would like to stop that before it gets even worse.
I hope the city takes all of these points into consideration when you are looking at the off -leash issue.
DOGS WE[
* Dogs must be licensed
* Dogs must be tinder effectlive voice control
# Owner mu it clean up after pet
Dogs must be prevented from hiting or
hurrassing any person or another aninial
• Dogs must, be kept out of playground and
landscape areas
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