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Item 5.1 ADDITIONAL MATERIAL posted 10/16/14ADDITIONAL MATERIAL From: Kim Conant [mailto:kim(aconant.org] Sent: Tuesday, October 14, 2014 4:37 PM To: Steve Vaus; DAve Grosch; Don Higginson; Dan Singer Subject: Off -Leash Hours at Silverset Park To: Jim Cunningham, John Mullin, Steve Vaus, Dave Grosch, Don Higginson, Dan Singer Gentlemen: As a long -time resident of Poway, I would like to speak to the idea of off -leash hours at Silverset Park. I strongly support a trial period for us to legally allow our dogs to play off leash. For a number of years we had been doing that informally and found that we came to know our neighbors all the while enjoying the safety and convenience of the park within a few blocks of our homes. Not only did we get to know one another, but we found ways to be of support and help in ways that only neighbors can be. In reading the staff report, I was surprised to find only two recommendations and perplexed that dog urine was a problem to softball players but not an issue to soccer players. I do hope that you all will consider the proposal of using the ball field for limited hours on a trial basis. It seems to me that sharing the ball field would be by far the better solution. It would be relatively simple and inexpensive to enclose the area. It would provide a buffer for the residents who object to off -leash dogs. It could be scheduled at a time and season that would not interfere with softball. It would allow a true sharing of the park and would not present a problem to people walking on the track with off -leash dogs adjacent. Please give us a chance to give our proposal a try. If it does not work out after a few - months trial period, it will be obvious to all concerned. Regards, Kim Conant 14735 Poway Mesa Dr. Poway, CA 92064 1 of 1 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL October 11, 2014 CITY CLERK, CITY OF POWAY 13325 Civic Center Drive Poway, CA 92064 Received City Clerk's Office OCT 15 2014 CITY OF POWAY REF: Off -Leash Dog Access in Silverset Park /Oct. 21, 2014 meeting Ladies and Gentlemen: As we are unable to attend the above mentioned meeting, we would like to voice our opinion on the above topic. We are the owners of 13165 Triumph Dr. and are opposed to allowing off -leash dog access in Silverset Park. There are several reasons for our opposition: 1. Possible dog bites /injuries to people and dogs (would City of Poway be partially liable for anyone who gets injured by a loose dog)? 2. Possible decline in property values in our neighborhood. 3. Potential for more mess if owners do not clean up after their dogs. 4. There are already numerous dog parks in the area where owners can take their dogs to run loose. 5. The park was designed to be for children and adults in the area to use, not for dogs to run loose. We appreciate your consideration of our views on the important topic. If you have any questions, please contact us at curt_egan @yahoo.com or 858 - 842 -4950. Thank you. Best regale! f Curtis C. Egan and Kathleen A. Egan 1 of 1 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL From: Sue Busch [mailto:sbuscV(C cox.netI Sent: Wednesday, October 15, 2014 3:11 PM To: Don Higginson Subject: OLA Silverset Park.Support Dear Councilmembers, Our group has asked to use a limited space and time to recreate with our dogs off leash in Silverset Park. We ask this with good intentions and with our offer of support to help make it happen. We have proposed that we are willing to be the connection with the city and to help with costs for gates and signs for the OLA. We will be willing to monitor the area daily and give guidance to those who visit with their dogs. Your support will allow the following to occur for the community: §Neighbors are socializing, building a sense of community § Neighbors with limited mobility due to medical or age reasons were able to still give their dogs some exercise as they didn't have to walk a great distance § Neighbors could bring their whole family to recreate, thus sharing a special time together. § Neighbors do not need to travel in their cars to access some off leash time with their dogs. § Neighbors have given their dogs the needed exercise and socialization that dogs require so that they can be better neighbors. We did recreate off leash in the ball field for many years on an unofficial basis and found all of the above statements to be true, so these are not imagined or engineered to make our petition look good. We know the value of this first hand and would like to re -build that sense of friendliness again. The attached docs are my previous statements made at the last two meetings and a photo sheet of our park versus Orpheus Park in Encinitas. Please,consider the chance for us to have a trial time period to see if this is possible and if there are any real issues with this request. We ask for your support. Respectfully submitted, Sue Busch "Be a rainbow in someone's cloud" — Maya Angelou 1 of 7 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL Silverset Park - Poway, California Morning and afternoon shots of ball field and open field. Orpheus Park and Viewpoint Parks - Encinitas, California Shots from the afternoon groups. 2of7 O : « 2014 Item # 5.1 Outline of comments for 9/4 meeting: Ask for those in support to stand. 1. We have presented ourselves to City Council and City Staff members in other settings but we wish to outline what the facts are about our request and share some of our knowledge about off leash areas. 2.. We are asking for limited time and space in our neighborhood park for off leash play with our dogs. 3. We are offering our services to help maintain the area and to educate visitors of the need to be good stewards. 4. We offered to help with the costs to install new gates and signs for the area of dog play. 5. We are asking for an area to recreate with our dogs. We are asking to use the ball field as it is used so little at this time and it feels like a waste of our tax money to maintain a field to just view and walk around it. 6. We have seen the good results of this type of recreation in our neighboring city of Encinitas; it does create a friendly neighborhood. 7. We have many cities to follow and guide us in the implementation of an off leash area. I have studied the report done for Portland, Oregon on their off leash program that they have enjoyed for the last 18 years. They have made the effort to make it work in their park system on a very high level, even with conflict and detractors. Here is some history: May 1995 - Adopted a policy that includes education, enforcement and creation of citizens task force to find sites for off leash recreation. June 1995 - Set up 3 sites. Jan. 1999 - Recommend more fenced sites. Mid 2000 - Add 2 sites. 3 of 7 October 21, 2014 Item # 5.1 2001- 4 citizen coalitions went to work to find more sites June 2003 - Presented to City Council their enforcement policy and the recommended sites. CC stated to have sites opened by September. August 2003 - opened 7 fenced all hours, 27 unfenced limited hours 11 years since they have over 30 sites and continue to look to add more Begs the question- Why did they actively pursue this systemic change to their park system? Also, it begs the question from a citizens point of view why are we not looking into our parks to see what we need to change? 8.This proposal allows another form of recreation for the park that is highly desired by a large group of people. With proper implementation there would not be any negatives on other visitors or other forms of recreation in the park. It might enhance their activities as there would be less dogs on the track at the time of off leash hours, creating less traffic. 9. We proposed to institute hours in morning from 6:00 to 9:00 am as a way to conduct a test. At our meeting with the City Manager and Staff, he asked the question why we were restricting our hours. The City Manager's concern was for those folks that would want to come in the evening after work. And if we look at other cities with their implementation process they always started. with two different times - morning hours and evening hours. Read: Portland's Goals and Assumptions We wish for this request to move forward in a positive light and with a positive spirit so as to give us a trial period to find out if it could work for our city as it has so well in other cities. Susan Busch 4 of 7 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL Off Leash Dog and People Zone Request to City Council - July 15th Good Evening Mayor Higginson, Council members and staff! I am so happy to speak to you this evening in regards to our request for an off leash zone for dogs at Silverset Park. I have been a resident of Poway since 1977, a recent Poway Unified retired teacher, a dog owner and a neighbor of Silverset Park. I am speaking to you on behalf of a large group of people who have been working on this request for the past 2 years. We are a committed responsible group of people that have met numerous times and done much research with our park neighbors and visitors, as well we have investigated other cities that have implemented these off leash zones in their parks. I would like to recognize the people that have been involved in this request. Could you please stand if you have been on the committee over the past 2 years working towards this night? Also, we have other guests here to support our request, could you please raise your hand if you have come to support our off leash dog and people zone at Silverset Park? Dogs have taken on a big role in our society from being our pets and family members to being greatly needed service dogs. Dogs are taken to work, to Starbucks, to the beach, on the family vacation. Many people are choosing to recreate with their dogs, many are craving the ability to find a place where they can do this safely and legally off leash. Our parks are a wonderful asset to our city, I can remember when we didn't have all the parks we do today. There was a lot of open space and thus giving your dog some exercise off leash was not hard to do. It truly was the city in the countrX. Parks are more to a community than just a beautiful place in your neighborhood. Parks are the glue that holds a city together. People come to the park to recreate, relax, celebrate and re- energize their lives; it a common area where you can connect to your neighbors and learn from and about them. Thus building a true community of citizens. Over the years a group of dog owners began to use the outfield of the existing softball field as to contain the dogs and give the other visitors that may be dog intolerant a chance to continue their recreation in the park without concern. We had a morning group and afternoon /evening group. This was a popular event for dog owners as it became more than a chance to let our dogs play together, but a time for us to meet our neighbors and share stories and to get to know our city. 5 of 7 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We have discovered that there are many positives for having a neighborhood park with an off leash zone. ■ Neighbors are socializing, building a sense of community ■ Neighbors with limited mobility due to medical or age reasons were able to still give their dogs some exercise as they didn't have to walk a great distance ■ Neighbors could bring their whole family to recreate, thus sharing a special time together. ■ Neighbors do not need to travel in their cars to access some off leash time with their dogs. Young teens that want to share the responsibility of taking care of the family dog and play with them off leash can not drive themselves to the present dog park. ■ Neighbors have given their dogs the needed exercise and socialization that dogs require so that they can be better neighbors. We were always respectful that it was a ball field and would not compete with park visitors using the ball field. We always cleaned up after our dogs and would alert dog owners of their dog's deposits. We asked the Park Director to research if there had been any incidents in the park for 2012 and 2013 and found no incident reports. As a daily park visitor I have noticed a change in how our Silverset park is being used. 10 years or more ago the park was widely used for soccer practices in August and September and in the spring the softball teams would come to the ball field to practice regularly, with a game or two played. As our city has aged the park has less and less youngsters visiting the park and more adults out for their exercise. The ball field is rarely being used, and if it is being used it is the infield only. This is a huge piece of property being maintained for only a few to use it. Parks should meet the needs of its citizens, especially those that live near it and use it daily. Silverset Park does a good job of meeting the needs of the toddlers and young parents with the awesome tot lot, the awesome exercise path meets the needs of many citizens that come to get their exercise, the large open field allows for many to recreate in many different ways, the basketball court meets the needs of those that love to play basketball or shoot a few hoops. As we visit our park and talk to the visitors we have found that there is a large group of people that would love to be able to recreate in an off leash zone with their dog. As a group of neighbors we would like to share the park with the other groups that have had their needs met and be able to find a reasonable solution to meeting the needs of the responsible dog owner that wishes to recreate with their well behaved dog off leash. Portland, Oregon, Santee and Encinitas are 3 cities that have off leash areas in their parks. They have many years experience in conducting and managing these zones in their parks. Portland has over 30 parks and Santee and Encinitas have 3 parks and a trail in Encinitas. Their off leash areas are models that we could explore. 6 of 7 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL The committee for this request has been working very hard to talk to people. We started by gathering surveys from visitors to give us info on their feelings about an off leash zone in our park. Then we went to every home surrounding the park within a 500 foot zone to get signatures stating that they would be okay with an off leash time and area in the park. We visited 56 homes, 3 homes were not in support, 5 did not respond and 47 homes were in support. We have continued gathering petitions from neighbors and have over 150 recent petitions signed. I would like to submit these forms at this time. In conclusion, we are here tonight to ask that you consider our request for an off leash dog and people zone at Silverset park. We are willing to help with research, funding, education, and management of the area. We sincerely hope that you consider any alternative that will meet the needs of what is a growing group of people that would like to use their park daily and some times twice daily to recreate with their dogs off leash. You have a very willing group of responsible citizens to give it a test in our city. Thank you for giving us your time to listen to our request. Thank you Councilman Grosch for putting the memo on the Poway City Council docket requesting study of an off leash recreation zone for dogs at Silverset park. 7 of 7 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL 12773 Treeridge Terrace Poway CA 92064 October 14, 2014 Poway City Council 13325 Civic Center Drive Poway CA 92064 Re: Silverset Park, item 5.1 October 21, 2014 Council meeting Honorable Mayor and Council, I submit this letter to register my opposition to the staff recommendation to allow off -leash dogs at Silverset Park. My specific objections are: 1. Allowing off -leash dogs at Silverset Park will generate additional park users, many more than the current use. 2. Allowing off -leash dogs at Silverset Park will generate additional vehicular traffic, as more park users will come from outside of the current Rancho Arbolitos neighborhood. 3. Allowing more dogs would equate to a fundamental change in use from a neighborhood type park, to a community park. 4. We already have a community park in Poway with adequate space for off -leash dogs, located two miles from Silverset Park. S. Silverset Park should not be burdened with this off -leash designation, when there are many other parks within the community to provide a more equitable distribution of off -leash uses. 6. The City Council should not ignore the findings (twice) of their own appointed Parks and Recreation Committee to reject a proposed off4eash use at Silverset Park. 7. The City Council would be rewarding those who have openly violated the clearly posted no off -ieash pet signs and the city municipal ordinance prohibiting off leash dogs. 8. Off -leash users will bring their dogs off -leash from outside the park into the designated areas. This is unenforceable and will create a series of potentially dangerous conditions. 9. The City of Poway does not clean up park dog waste, and neither do many of the pet owners who currently use the park. 10. The proposal will lead to potential injury from off -leash dogs attacking other dogs and humans 11. The City will be named in lawsuits involving off -leash dogs. While the City may not have liability, there is a cost of defense. Has this cost been factored in to the cost of this proposal? 1 of 11 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL 12. Residents will arm themselves with pepper spray to defend against aggressive off -leash dogs. This will end badly from someone. 13. Environmental issues a) Allowing dogs off -leash will generate additional dog waste, both liquid and solid. Both liquid and solid dog waste are considered source points for environmental contamination. b) On September 12, 1990, the City Council adopted Negative Declaration 90 -15 (environmental review) for Silverset Park when the park was under consideration for development. The Negative Declaration addressed environmental considerations based on the proposed use of the Park. The Negative Declaration did not address the potential level of traffic and /or dog waste that would be the result of having an off -leash dog park open to the public compared to a neighborhood park precluding off -leash uses. Should the Council approve the off -leash proposal, what level of additional environmental review will be required? c) I requested that the city provide an estimate of the cost of preparing the environmental review should the Council approve this action. No response to my question has been included in the staff report. d) The cost of defending a CECIA challenge will be significant Can the city provide an estimate of that cost? e) A temporary change in use is still a change in use. Environmental review is still required. A change in the municipal ordinance is still required. f) Attached please find an example of the environmental review process used by the City of Santa Barbara when consideringthe environmental impacts associated with an off -leash dog park. It is not a simple nor inexpensive process to undertake. g) On July 15, 2014,1 brought to the Council and again reference the case of Lighthouse Field Beach Rescue v. City of Santa Cruz et al. which requires environmental review for the change of use to an off- leash dog park. in summary, I urge the City to take no further action on a proposed off -leash dog park at Silverset Park. Respectfully submitted, David Narevsky cc: Attachment 2 of 11 October 21, 2014 Item #_5.1 ADDITIONAL MATERIAL DFPMP and Off- -Leash Dog Park Locations Saidy DEIR Section 1.0 LNTRODUCTION 1.0 INTRODUCTION This Environmental Impact Report (EIR) examines the potential environmental effects associated with: (1) implementation of the Douglas Family Preserve Management Plan ( DFPMP or Plan), and (2) the designation of up to three locations around the City for off - leash dog use: Douglas Family Preserve (DFP), Hale Park, and Shoreline Beach Area (Off -Leash Dog Park Locations Study). These two components constitute the project to be analyzed in this EIR. This section: (a) describes the purpose of and legal authority for preparing the EIR; (b) provides a brief history of the project; (c) describes the general scope and content of the EIR; (d) lists EIR lead, responsible and trustee agencies; and (e) provides an overview of the California Environmental Quality Act (CEQA) environmental review process. The DFPMP and the Off -Leash Dog Park Locations are described in Section 2.0 PROJECT DESCRIPTION. 1.1 PURPOSE AND LEGAL AUTHORITY The proposed project requires discretionary approvals from the City of Santa Barbara. Therefore, it is subject to the requirements of CEQA. In accordance with Section 15121 of the State CEQA Guidelines, the purpose of this EIR is to serve as an informational document that: ..,will inform public agency decision- makers and the pudic generally of the significant environmental effects of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project... This report is to serve as an information document for the public and City of Santa Barbara decision - makers. The environmental review process will culminate with Planning Commission. and City Council hearings, respectively, to consider certification of a Final EIR, and to consider whether to approve the DFPMP and approve the DFP, Hale Park and/or Shoreline Beach Area sites for oft -leash dog use. 1.2 PROJECT BACKGROUND On August 24, 1999, the City Council declared the Draft Douglas Family Preserve Management Plan and the Off -Leash Dog Park Locations Study as projects for environmental review. Crawford Multari Clark & Mohr (CMCM) was hired by the City to assist the Douglas Family Preserve Advisory Committee in the development of the DFPMP for the City Parks and Recreation Department. The Advisory Committee met for over two years (July 1997 to November 1999) to develop the DFPMP, which was completed in November 1999. A number of public meetings were held in 1999, culminating in recommended changes to the Plan by the Advisory Committee, the Park and Recreation Commission, the Planning Commission and the City Council. The Page 1 -1 3 of 11 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL DFPMP and Oil Leash Dog Park Locations Study DEIR Section 1.0 INTRODUCTION primary focus of the Plan is to maintain the natural qualities of the site and to continue and enhance public access to the site. In 1997, a joint City /County Dog Committee, composed of City and County Park & Recreation Commission members, dog interest groups and animal control groups, and City and County staff, recommended Hale Park and an area of Shoreline Beach as potential dog off -leash park sites, as well as the Douglas Family Preserve. Hale Park was selected, as it is currently used for dog recreation, and since the DFP is located near the western edge of the City limits, designation of Hale Park would provide an additional facility on the east side of the City. The Eucalyptus Hill Homeowners' Association indicated that it would be amenable to the off -leash dog use at Hale Park providing that its members would be kept informed of the City-approved dog use regulations. The City Council recommended that one beach location be studied. Since the beach area from the Shoreline Park stairs to the western City boundary is currently used for dog recreation, it was determined that this location should be evaluated for off -leash dog use. 1.3 EIR SCOPE ANID CONTENT In accordance with the State CEQA Guidelines, the City of Santa Barbara prepared an Initial Study for the Off -Leash Dog Park Locations Study on October 15, 2000, and an Initial Study for the DFPMP on November 17, 2000. Notices of Preparation (NOP) for the DFPMP Draft EIR and the Off -Leash Dog Park Locations EIR were released on December 1, 2000. The Initial Studies and NOPs were distributed for review by affected agencies and the public on December 4, 2000. The DFPMP Initial Study concluded that the project may have a significant effect on the environment, and further study in an EIR was required for issues related to aesthetics, biological resources, cultural resources, geophysical resources, and water environment. The Initial Study for the Off -Leash Dog Park Locations Study determined that significant impacts could occur in the following environmental issue areas for which further analysis in an EIR would be required: aesthetics, biological resources, traffic and parking, and water. Public Scoping Hearings for preparation of both EIRs were held on December 14, 2001. At that time, additional concerns were raised about the project, needing to be analyzed in the EIR. These included: (1) safety concerns related to dog use of the sites; (2) impacts of dog feces left at the sites, affecting primarily air and water quality; and (3) traffic and parking. Early in 2002, pursuant to CEQA (Section 15063(c)), the City considered how the projects could be modified, so that adverse impacts would be mitigated before an EIR is prepared. This would enable the projects to qualify for Negative Declarations. On July 17, 2001, the City Council approved a series of project description changes, including eliminating certain project components and adding policies to the DFPMP (refer to Section 2.4 PROPOSED PROJECT), as well as revising the list of project alternatives to be considered, moving forward with a series of technical studies to determine potential impacts and mitigation measures for the DFPMP and the other off-leash dog park locations sites, and extending the boundaries of the beach site. Page 1 -2 4 of 11 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL DFPMP and Off-Leash Dog Park Locations Study DEIR Section 1.0 MTRODUCTION The technical studies prepared were either related to the environmental issue areas that the Initial Studies had indicated may have potentially significant effects, or to issues identified during the public review of the Initial Studies or during the scoping hearing for the EIRs that are not addressed in the Initial Studies. The technical studies addressed water quality, air quality, biology, traffic and parking, and safety, all related to dog use for each of the three sites: DFP, Hale Park and the Shoreline Beach Area. Additionally, a geotechnical study was conducted for the DFP site. The beach area, which originally encompassed the area between Arroyo Burro Creek and the Shoreline Park stairs, was extended to an approximately 3 -mile stretch total from the westernmost Shoreline Park staircase to the western City limits. Two revised Initial Studies were prepared on September 24 and 25, 2002. The Initial Studies incorporate much of the content, including impact analysis and mitigation measures, of the earlier Initial Studies. However, they also include new information based on the City Council approved (July 17, 2000) changes to the project and the most recent set of dog use alternatives (refer to Section 2.4 PROPOSED PROJECT). Comments from the EIR scoping hearings and public review of the original Initial Studies were not incorporated into the revised Initial Studies, but are addressed in this EIR. The revised DFPMP Initial Study (IS) determined that significant impacts could occur in six environmental issue areas: (1) air quality; (2) biological resources; (3) geophysical; (4) safety; (5) transportation/ circulation; and (6) water environment, and states that an EIR shall be prepared. The revised Off -Leash Dog Park Locations Initial Study states that an EIR should be prepared, based on the significant impacts that could occur in the following issue areas: (1) air quality, (2) biological resources, (3) safety, (4) transportation/circulation, and (5) water environment. Therefore, the EIR discusses only those issues listed above, which were found to have potentially significant impacts. The NOPs and revised Initial Studies and distribution list are contained in Appendix A and Appendix B (included in this document). For the most part, mitigation measures for issues discussed in the Initial Studies would be incorporated into the project as policy changes, along with the mitigation measures identified in this EIR. However, where further analysis in the EIR indicates that another measure is more appropriate than that listed in the Initial Study, the Initial Study measure is superceded. The relevant mitigation measures in the Initial Studies and those mitigation measures contained in this EIR, including those required and recommended, are listed in Section 9.0 MITIGATION MONITORING AND REPORTING PROGRAM (MMRP). A summary of the issues brought forward from the Initial Studies and to be studied in this El are listed below in Table 1.3 -1. Some of the issues of concern were brought up at the EIR scoping hearing or during the public comment period on the NOP/Initial Studies, and are listed as such in the table. Page 1 -3 5 of 11 October 21, 2014 Item # 5.1 x 0 d U X ap M 0 � 0 o .-q C a� A 6 of 11 ADDITIONAL MATERIAL y � 2 H C3 w G �dr 4 y W r _ .fin Oy E %• �y : � C x GCo� f a) Cd H y O O >� Cd vi •p O U�� O y i aki �U] VJ O yp v� h CQ .� > -r H 'C O C o V� ACC CA ° °°�y' ' y W o ! y Gn «+ E vi an . ao A 3 o a W y N h y is t O p O y G � .r• 61 C C �' � N O O y .A N •.U-i y y N U U N r U a.• zA °s.'.c °v w'3 =vbzw z d L d CJ � E _ N � U C O O �Q¢ Utz 2a°,ax i October 21, 2014 Item # 5.1 a ,V- N � § / � ZE \� k \z \\ 7 � o� � ■ - § a ƒ k 2 2 k ® e G 2-E E f � E = M § t kk M k k •� k $ > § @ c k § § ) - � v rA 2 k § k � 2 2 k . � k § � � 7 of 11 ADDITIONAL MATERIAL October 21, 2014 Item # 51 % £ ADDITIONAL MATERIAL DFPMP and Off -Leash Dog Park Locations Study DEIR Section 1.0 INTRODUCTION On November 5, 2002, City Council approved moving forward with the environmental analysis of both projects in an EIR. Because many of the issues in the DFPMP and the Off -Leash Dog Park Locations Study are the same and involve the same sites, City staff determined that a single EIR would be most efficient. As required by the State CEQA Guidelines, this EIR focuses on potentially significant environmental impacts identified in the Initial Studies and the scoping process. In addition, the EIR recommends feasible mitigation measures or alternatives, where possible, that would reduce or eliminate adverse environmental effects. In preparing the EIR, pertinent City policies and guidelines, existing EIRs and other planning reports and studies prepared by the City and consultants were utilized. A full reference list is contained in Section 8.0 REFERENCES, PERSONS CONTACTED, AND REPORT PREPARERS. Section 7.0 ALTERNATIVES of this EIR was prepared in accordance with the State CEQA Guidelines, and focuses on alternatives that are capable of eliminating or reducing significant adverse effects associated with the project, while feasibly attaining most of the basic objectives of the project. In addition, the EIR discusses and selects the "environmentally superior" alternative from the alternatives assessed. The level of detail contained throughout this EIR is consistent with the requirements of CEQA and applicable court decisions. The State CEQA Guidelines provide the standard of adequacy on which this document is based. Specifically, the Guidelines state: An EIR should be prepared with a sufficient degree of analysis to provide decision- makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of the proposed project need not be exhaustive, but the sufficiency of an EIR is to he reviewed In light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection, but far adequacy, completeness, and a good faith effort at f ell disclosure. (Section 15151). 1.4 LEAD, RESPONSIBLE AND TRUSTEE AGENCIES The State CEQA Guidelines require identification of "lead," "responsible" and "trustee" agencies for the project. The City of Santa Barbara is the lead agency for the project because it has principal responsibility for approving the project. A responsible agency refers to a public agency other than the lead agency that has discretionary approval over the proposed project. Responsible agencies that may need to approve or issue permits for the various individual projects called for in the DFPMP include: the U.S. Army Corps of Engineers; the National Marine Fisheries Service; the Page 1 -b 8 of 11 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL DFPMP and Off -Leash Dog Park Locations Study DEIR Section lA INTRODUCTION California Department of Fish and Game; the California Coastal Commission; and the Regional Water Quality Control Board. The State Lands Commission is also a responsible agency. Because the California Coastal Conservancy funded preparation of the Plan, it must approve the DFPMP, and so is considered a responsible agency. There are no responsible agencies for the off -leash dog use component of the project. A trustee agency is a state agency having jurisdiction by law over natural resources affected by a project. The trustee agencies for the proposed project are the Air Resources Board, the Air Pollution Control District, the California Department of Fish and Game, and the California Coastal Commission. In addition, the County of Santa Barbara is an agency that may have an interest in the project. A portion of the Arroyo Burro County Beach Park is within the boundaries of the Shoreline Beach Area. The project may include changing the Santa Barbara Municipal Code (SBMC) to make it possible for unleashed dogs to use the County land, since it is within City limits. County approval of off -leash dog use on County property is not necessary for the project as a whole to be approved. However, the County has ultimate discretion regarding whether to allow off-leash dogs on the Arroyo Burro Beach County Park portion of the Shoreline Beach Area. 1.5 ENVIRONMENTAL REVIEW PROCESS The major steps in the environmental review process, as required under CEQA, are summarized below. The steps are presented in sequential order. Notice of Preparation (NOP). After deciding that an EIR is required, the lead agency files an NOP soliciting input on the EIR scope from the State Clearinghouse (i.e., State agencies), other concerned agencies, and parties previously requesting notice in writing. The NOP is posted in the County Clerk's office for 30 days. The NOP is typically accompanied by an Initial Study; the Initial Study identifies the issue areas for which the proposed project could potentially create significant environmental impacts. A scoping meeting to solicit public input on the issues to be addressed in the EIR is required by the City of Santa Barbara. The NOPs for both projects were released on December 4, 2000, and a scoping hearing was held before the Planning Commission on December 14, 2001. Draft Environmental Impact Report (DEIR) Prepared. The DEIR contains: (1) table of contents or index; (2) summary; (3) project description; (4) environmental setting; (5) discussion of significant impacts (direct, indirect, cumulative, growth - inducing and unavoidable impacts); (b) a discussion of alternatives; (7) mitigation measures; and (8) discussion of irreversible changes. Notice of Completion/Public Review. A lead agency files a Notice of Completion with the State Clearinghouse when it completes a DEIR. The lead agency also places a Notice of Availability in the County Clerk's office for 30-45 days and sends a copy of the Notice to anyone who has requested receipt of the Notice in writing. Additionally, public notice of the DEIR availability is given through the following procedures: (a) publication in a Page 1 -7 9 of 11 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL DFPMP and Off -Leash Dog Park Locations Study DEIR Section 1.0 INTRODUCTION newspaper of general circulation; and (b) direct mailing to owners and occupants of surrounding properties. The lead agency solicits public comment and responds in writing to all written comments received (Public Resources Code Sections 21104 and 21253). The minimum public review period for a DEIR is 30 days. When a DEIR is sent to the State Clearinghouse for review, as in this case, the public review period must be 45 days unless the Clearinghouse approves a shorter period. Because this project is in the Coastal Zone, the EIR is sent to the State Clearinghouse for review. Final EIR (FEIR). A FEIR includes: (1) the DEIR; (2) copies of comments received during the public review; (3) list of persons and entities commenting; and (4) responses to all written comments on the DEIR. Certification of FEIR. Prior to making a decision on a proposed project, the lead agency must certify that: (1) the FEIR has been completed in compliance with CEQA; (2) the FEIR was presented to the decision - making body of the lead agency; and the decision - making body reviewed and considered the information in the FEIR prior to approving a project; and (3) the FEIR reflects the lead agency's independent judgment and analysis. Lead Agency Project Decision. A lead agency may: (1) disapprove a project because of its significant environmental effects; (2) require changes to a project to reduce or avoid significant environmental effects; or (3) approve a project despite its significant effects, if the proper findings and, if necessary, a statement of overriding considerations, are adopted. FindingslStatement of Overriding Considerations. For each significant impact of the project identified in the EIR, the lead or responsible agency must find, based on substantial evidence, that either: (1) the project has been changed to avoid or substantially reduce the magnitude of the impact; (2) changes to the project are within another agency's jurisdiction and such changes have been or should be adopted; or (3) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible. If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency's decision. There are some mitigation measures called for in this EIR that may be infeasible for various reasons, such as available staffing levels or difficulty in enforcing regulations. The Parks & Recreation Department, along with the City Council, would need to determine the feasibility of the measures. If necessary, the City Council may adopt a Statement of Overriding Considerations. Mitigation Monitoring /Reporting Program. When an agency makes findings on significant effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation measures that were adopted or made conditions of project approval to mitigate significant effects. Notice of Determination. An agency files a Notice of Determination after deciding to approve a project for which an EIR is prepared (State CEQA Guidelines Section 15094). Page 1 -8 10 of 11 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL DFPfv P and Off -Leash Dog Park Locations Study DEIR Section 1.0 INTRODUCTION A local agency files the Notice with the County Clerk. The Notice is posted for 30 days and sent to anyone previously requesting notice. Posting of the Notice starts a 30 -day statute of limitations on CEQA legal challenges. Page 1 -9 11 of 11 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL Honorable Mayor and Council, I would like to share some observations with you on the issue of allowing off -leash dogs at Silverset Park. The proponents of this plan claim that it promotes community and neighborliness. Yet since I have become one of "the opposition" and have been circulating a petition, I have had rude comments directed at me, been given the cold shoulder by others who used to exchange pleasantries as we passed each other at the park, and those who talk to me who appear to be signing my petition have been harassed. So much for promoting neighborliness! There were also various claims made about the amount of dog waste at Silverset Park. So I took it upon myself to keep a journal of what I saw as I was walking on the track every day. Of the 67 days that I walked, I saw dog waste either on the. path itself or on the grass by the path on 52 of those days. This is 78% of the days, which is a number that even surprised me. That means that 3 out of every 4 days there was dog waste visible from the path. And this is when dogs are on -leash and right next to their owners. I can only imagine what will happen when dogs can be off - leash. Please consider these points and do not allow Silverset Park to become an off -leash dog park. Thank you. Gail Narevsky Attachments: Petition, Journal 1 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. 4 Print yo u r Name C . � C, L Signature 4 L Address, city > Date Print your Name C t." v Signature 1 Address, city _1 ``� f "' %'> �e r l "1 , Date 7 /72, Print your Name Signature Address, city__..z Date Print your Name Signature Address, city Date .t`11:' r, r 1-'Li ((.> C e kT v 2 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. 0= Date Ae ' r- /1'40'm / -,-!, " Print your Name - J�IIVL-- f1loCHLENF14 fl C.q=. Address, city 1-36'5-7 7-�Ittt"qpa L k. f-6 t-c"k Y Cf Date 0 � / -2- � / -2-0 ( Print your Name C" C Address, city, Print your Name Signatures. Address, city LL", i I � _f t-i ai , J /1 0/- Date ( ' :6 1/ 3 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your Signature Address,, citv.,l D ate 'rl /' Print your Name L')L Signature Address, city Date C--1 PrintyourName- Signature J-0 ---- Address, city_( 3 c)�-s i n L) Date � Print your Name Signature Address, city Date v, 4 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your Name Signature Address, city ME Print your Name Signature Address, city %//° Date --7/ / )- s- / //,-I Print your Name Signature 1110iIIII Address, city V\ DIV- Print your Name J Signature Address, city- /3 /,,j- 7-t- / '-, -)1 09 A A Date a Ll 9 /' 5 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your Name -! )C,>.-4 Signature Address, city Date 7 .L Print your Name - �-f -tic��- Signature Address, city 3 e4 (—"/j �T) Date Print your Signature Address, Name rS city C" Date "/- -3 /- / c/ Print your Name-r- Signature Address, city Date 6 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your Name MuA 0C Address, city Ot--' � - V 6'Vk 1 "4 A'l 4 Date Print your Name Signature Address, c i t y 1 I q A, 2 C-6 Date Print your Signature Address, c Date "'i� — ( — ( 4-� Print your Name Signature Address, c 7- 11 j Date 7 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations,of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your Signature Date Print your Name -[W ii Signature Address, city Date Print your Name Signature Address, city Am Print your Name Signature Address, city Date W7, 8 of 17 October 21, 2014 Item # 5.1 C/ ADDITIONAL MATERIAL Print your Name Signature Address, city Date — A " Print your Name C Uv Signature 2 Address, cltyL -' -' , , �,�V 67 Date 7,rint your Name Signature Address, city, 9 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned, support the existing posted rules and regulations of Silverset Park. In this way, adults, children, and on- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your Signature Address, c Date I Print your Name <- CkQ ...Kcc vr- Al- Signature k )L Address, city 0 C r Date ILI Print your Name r Signature Address, city t2.C7Li\ Date Print your Name Signature Address, city L) Date 10 of 17 October 21, 2014 Item # 5.1 I ADDITIONAL MATERIAL We,, the undersigned, support the existing posted rules and regulations of Sliverset Park. In this way, adults, children, andon- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your Name Signature k Address, city Date Print your Name Signature 4 ------ 1-1,1,11, k Address, city', Date Print your Name. C; Signature Address, city i Date h Print your Name Signature Address, city Date I 11 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL Print your Name Signature Address, city— ? Date Print your Name Signature Address,. city Date Print your Name Signature :1 Address, city, 12 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL We, the undersigned., support the existing posted rules and regulations of Silverset Park. In this way, adults, children, ancton- leash dogs can all share in the enjoyment of the Park. We further support enforcement of the existing posted rules. Print your J V 'C I Name – _-X"� Signature Address, city, mw� Date 10L � ILLDI-::� Print your Names _g v I Signature Address, city— Date Print your Name Signature Address, city_, L,796,1 Date / 6!11 �-// L/ Print your Name Signature Address, city, Date II f2 e a 13 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL Journal by Gail Narevsky - SlIverset Park This is a journal I started keeping when the issue of allowing lowing off-leash dogs at Silverset Park first came up. Both sides made different claims as to the amount of dog waste and off-leash dogs at the park. Obviously, these are my observations and are only what I saw on the various dates. I collected data on 67 different days. I only walked on the path and recorded those piles that could clearly be seen while on the path. Of those 67 days, dog waste was on the path or could be seen from the path on 52 days, which is 78% of the days. You should also notice that the string of no dog waste days is clustered around the September 4th neighborhood meeting to discuss the issue of allowing off-leash dogs at the park. And this substantial amount of dog waste is what is happening with dogs having to be on leashes and owners in control of their pets. There were not as many sightings of off-leash dogs as I usually walked in the morning, and this is a problem later in the day. During this time, I walked 13 evenings, and saw off-leash dogs on 5 of those evenings, which is 38% of the time. And all of these walks and sightings were in July and August. Journal Entries KEY: Red is for poop, blUe i,, for off-le-,',ish dogs, purple is for ball field or open field use. Wed., July 16: 7:15arn: 15 people, 5 dogs on,., dewdk by So% rsf.,t entrance 8:05 pm: 11 people, 2 dogs, Thurs., July 17: 7:15arn: 4 people, 2 dogs. S','Ttne poop by e.mrancc'! -- --6cxed off sidewalk. Fri., July 18: 7:05arn: 5 people, 1 dog. Sar-,,p poop by enlra.nre, poolp by hottorn of s*,.'eps just off pith. 7:25pm: 33 people, 4 dogs. Sat., July 19: 6:45am: 9 people, 3 dogs. Szi—ne 2 ipoi,-, ),11 Mon., July 21: 7:12arn: 15 people, 4 dogs. Sarno 2 8:20pm: 10 people, ,�� do-; off ie.-,ash tcowrflr 2 d ac h. nian wit r, -'- o? inxi 0Cr')(')V' I beet wklO S" 'P' :H11r. Tues., July 22: 7:05arn: 4 people, 2 dogs. Sa=ie 3 Wed., July 23: 7:30arn: 10 people, 2 dogs. All ¢�Nclop sic- 3,ned up bull, 7:20prn 28 people, including 10 playing ball on ball field; 2 dogs. Thurs., July 24: 6:58arn: 10 people, 6 dogs, Sarnoe poop by enirance. Fri., July 25: 7:00arn: 10 people, 3 dogs. Sarr--O no(:)p by emt�wce. 7:35pm: 30 people, 2 ck-)r Sat., July 26: 6:55arn: 6 people, 3 dogs. PCICIP Uy entfanc�:' 14 of 17 October 21, 2014 Item # 5.1 ADDITIONAL MATERIAL Sun., July 27: 7:10pm: 11 people, i (,, f Mon., July 28: 6:50am: 5 people, 2 dogs ': >FMDC 7:45pm: 24 people, 3 dogs on- leash, Tues., July 29: 6:50am: 3 people, 1 dog 7:45pm: 10 people, 2dogs on- leash, Wed., July 30: 6:55am., 9 people, 4 dogs, Thurs., July 31: 7:20am: 10 people, 4 dogs poo-' f ; '�th bv c0c by Si1v-'-TrSf"1 trs =W 7:40pm: 45+ people, ldog. 28 people on the ball heid, Fri., Aug. 1: 7:00am: 11 people, 3 dogs. f)C 7:45pm: 45+ people, 2 dogs, 12 peop!e oklymg volleyl-all or open Sat., Aug. 2: 6:55am: 10 people, 4 dogs Mon., Aug. 4: 6:55am: 8 people, 3 dogs. Tues., Aug. 5: 6:55am: 4 people, 2 dogs. S,� ,­,z 7:40pm: 25 people, 2 dogs. Wed., Aug. 6: 6:55am: 6 people, 1 dog, saUle Thurs., Aug, 7: 6:40am: 5 people, 1 dog. 7zj, C"" Fri., Aug. 8: 6:35am: 5 people, 1 dog. 'A)up rv,. tl c' i r k d Mon,, Aug. 11: 6 people, 2 dogs, 8:10pm: 15 people, 5 dogs. Tues., Aug. 12: 6:40am: 4 people, 1 dog, pOCP Wed., Aug 13: 7:10am: 10 people, 3 dogs. Thurs,, Aug. 14: 7:00am: 5 people, ldog. "rz, zh rcl t_-, 'D Fri,, Aug. 15: 6:25am: 6 people, 1 dog. ert',. 8:00pm: 11 people, 1 dog. Sat., Aug. 16: 7:20am: 9 people, 3 dogs, Scirnwl 2'� tj­'�=�j Sun,, Aug. 17: 7:30 am: 7 people, 1 dog. 'Same Pc)c;', i r d r, Mon., Aug, 18: 6:55am: 14 people, 3 dogs, by Tues., Aug. 19: 6:35am: 8 people, 1 dog. 7:35pm: 12 people, 'a U 15 of 17 October 21, 2014 Item # 5.1 ADQITIONAL MATERIAL Wed., Aug. 20: 7:00arn: 7 people, 1 dog. 0g ante Thurs., Aug, 21: 6:40arn; 3 people, 1 dog. NO POOP. Fri., Aug. 22: 7:15arn: 8 people, 3 dogs, "cjrp pzi�h Sat., Aug. 23: 6:50am: 7 people, 3 dogs. NO POOP. Sun., Aug. 24: 7:00arn: 5 people — including 2 sleeping on the ball field, no dogs. NO POOP, Mon., Aug. 25: 7:20arn: 18 people, 5 dogs. NO POOP. Tues., Aug, 26: 7:00am: 10 people, 3 dogs, NO POOP. Wed., Aug, 27: 7:05arn: IS people, 2 dogs. NO POOP. Tues., Aug. 28: 6:40arn: 8 people, no dogs. NO POOP. Fri., Aug, 29: 6:30arn: 5 people, 2 dogs. NO POOP. Wed., Sept. 3: 6:25arn: 5 people, I dog. Poop ( Thum, Sept. 4: 6:25arn: 3 people, 1 dog. NO POOP, Fri., Sept, 5: 7.05arn: 15 people, 4 dogs. NO POOP. Sun., Sept. 7: 7:45arn: 6 people, 1 dog. - , :' " " " "I �jj "'j 1 � U "I , Mon., Sept, 8: 6:50arn: 9 people, 3 dogs. NO POOP. Tues,, Sept. 9: 7:10arn: 6 people, 3 dogs. NO POOP, Thurs., Sept. 11: 6:55arn: 5 people, no dogs. NO POOP, Fri,, Sept. 12: 6:40arn: 6 people, 2 dogs. NO POOP. Sat., Sept. 11 6:45arn: 6 people, 1 dog. P x,p,*� Sun., Sept. 14: 7:25arn: 9 people, no dogs. Poop by Mon., Sept. 15: 7:10arn: 10 people, 3 dogs. Tues., Sept. 16: 6:45arn: 10 people, 4 dogs. fr-n� Wed., Sept. 17: 6:55arn: 8 people, 3 dogs. hN 'J b P Thurs., Sept 18: 6:30arn: 5 people, 3 dogs. Poop Fri., Sept. 19: 6:45arn: 7 people, 3 dogs, Pooplb,, n'-'!� 01: ' S , OOP on Sat., Sept. 20: 6:45arn: 8 people, no dogs. b first baisf,', hy Sun., Sept, 21: 7:35arn: 9 people, I dog. "'h s'j 'j" Mon,, Sept, 22: 6:45arn: 4 people, 1 dog. b� 16 of 17 October 21, 2014 Item # 5.1 U0109101,41"TA Wir—AVII[C"TA Tues., Sept. 23: 6:50arn: 4 people, 2 dogs. hv DOC"O Wed., Sept. 24: 6:50arn: 4 people, 1 dog. Thurs., Sept. 25: 6:45arn: 10 people, 4 dogs. i,'oor, Tues,, Sept. 30: 7,25am: 8 people, 2 dogs. MO POOP. Thurs. Oct. 2: 7:15arn: 10 people, 5 dogs. , �: � �' 11 —w -CQ Fri., Oct. 3: 7:05am: 13 people, 3 dogs. wst t,,:�ff Sat., Oct. 4: 6:40arn: 6 people, 2 dogs, P2--,'-,,,,��. 01 p8�rs sl, 'N"WOOW v,' Mon., Oct, 6: 6:45arn: 4 people, I dog, ' -'C"P iL", by o-,v vak, Tues., Oct. 7: 8:00arn: 5 people, 2 dogs. f Wed., Oct. 8: 7:00arn: 7 people, no dogs. Sarfir, 0y ba 5 k e Cow'! Thurs., Oct. 9: 6:45arn: 4 people, 1 dog. Fri., Oct, 10: 7:45arn: 11 people, 1 dog. OV 17 of 17 October 21, 2014 Item # 5.1