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P&R 01-03-13 APPROVED MINUTES PARKS AND RECREATION COMMISSION CITY OF CUPERTINO Regular Meeting January 3, 2013 at 7:00 p.m. Community Hall, 10350 Torre Avenue, Cupertino, CA Note: This meeting will be televised 1. CALL TO ORDER Acting Chairperson David Fung called the meeting to order at 7:04 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Commissioners present: Darcy Paul, David Fung, Siva Budaraju Commissioners absent: David Greenstein Staff present: Julia Lamy, Timm Borden, Donna Henriques 4. MISCELLANEOUS—NO ACTION REQUIRED A. Staff oral reports Acting Director,Julia Lamy reported that the Cupertino Sports Center, located at the corner of Stevens Creek Blvd. and Stelling Ave., will be having an Open House on Saturday,January 12, from 8:00 a.m. — 1:00 p.m. The Teen Center is also having an Open House at the same time and is located downstairs at the Sports Center. She also reported that the Clerk's office is accepting applications for the Parks and Recreation Commission vacancy. Cupertino residents have until January 18 to apply online for this opening at www.cupertino.org. 1 She also said that the Cupertino Senior Center is now selling their 2013 membership passes for all those people that are 50 and older. B. Commissioner contacts Commissioner Budaraju reported that his friends were happy with the promotional membership offer at the Cupertino Sports Center and that a lot of people signed up for it. 5. MINUTES OF PREVIOUS MEETING A. Regular meeting of December 6, 2012 Action: Commissioner Paul made a motion to approve the minutes and Commissioner Budaraju seconded the motion. The motion carried unanimously with Commissioner Greenstein absent. 6. ORAL COMMUNICATIONS - None 7. OLD BUSINESS A. City-wide soccer tournament update—verbal report Acting Director Julia Lamy reported that the city-wide soccer tournament will be held in Cupertino on July 19—21, 2013 and De Anza Force Soccer Club is the primary driver of this tournament. The planning committee for this upcoming tournament is comprised of members of the De Anza Force Soccer Club, Cupertino Chamber of Commerce, Fremont Union High School District and Parks and Recreation staff members, Jeff Ordway and Mark Linder from the City of Cupertino. De Anza Force has applied for permits to use Monta Vista High School, Cupertino High School and Homestead High School fields for this tournament:and possibly Creekside Park. Other sites include Prospect High School and De Anza College. There will be approximately 160 boys and girls soccer teams participating in this tournament. 2 8. NEW BUSINESS A. Mary Avenue Dog Park Public Works Director, Timm Borden said that the purview of the Parks and Recreation Commission is fairly limited by the Municipal Code but he is prepared to discuss and answer any questions the Commission and residents may have. He said in 2010, the City Council approved to move forward with a dog park site at the Mary Avenue location, between Stevens Creek Blvd. and Lubec Street. The site is owned by the City and is approximately 19,000 square feet. This project is included in the 2010/2011 Capital Improvement Program budget. After Council approved this site, lead contamination was found in the soil so the project was put on hold. However, in early 2012, Council reiterated its approval to move forward with the Mary Avenue site and added additional money to this year's CIP budget to deal with the soil remediation. The process now includes the Parks and Recreation Commission's approval for the land use to be consistent with park and open space for this site to be used for a dog park. Currently, the General Plan land use designation for this property is "medium high density residential" and it needs to be changed to "park and open space". The Municipal Code states that the role of the Parks and Recreation Commission is to determine that a new park is consistent with the General Plan. Director Borden said the Commission's finding would be that it is consistent with the General Plan when, and if, the Council makes a decision to change the General Plan on February 5, when they hear this matter. The additional step for the Parks and Recreation Commission would refer this matter to the Planning Commission for them to conduct an environmental assessment for CEQA. Director Borden and his staff are prepared to present this next step to the Planning Commission next Tuesday, January 8. Acting Chair David Fung said he would like to open the discussion for public comment. Stuart Chessen, Cupertino resident said that he is in favor of the proposed dog park but said he would like to see one common park area rather than separate areas for small and large dogs. He also questioned why the drinking fountain is on the outside of the fenced area rather than inside 3 and he thought they should reconsider the location of the gate. Mr. Chessen also asked why so many trees are being removed from the area. Director Borden said they would take his comments and questions into consideration when they finalize the design of the dog park. He said they are not sure yet as to how many trees will have to be removed since they don't know how much contaminated soil will have to be removed when further testing of the soil as it comes out. He said they will try and save as many trees as possible and if they do have to remove more trees, they will look at a plan to replace them if the budget allows. The following residents said they oppose the Mary Avenue dog park site: Raghupathi Subbiah, Ranjan Desai, Sai Yerraguntha, Maya Reddy, Thyagarajan Radhakrishnan, Veeravel Muthiah, Sivarajan Thiruvadi, Devendran Rethinavelu, Appala Patnala, Jean Schwab, Vinay Reddy, Pushpany Sharnyum. The most common opposing comments were as follows: • Mary Avenue site is too small and the wrong shape • Site is too close to carports, houses and Casa De Anza Condominiums (one resident lives about 20' from proposed site) • Excess noise from barking dogs and traffic • Mary Avenue is already a busy street and traffic will be increased and hazardous • Concern about tree removal (trees help as noise barrier from freeway traffic) • Increased parking problems • Unpleasant smells and odors • Safety of children walking to and from school • Pollution from additional traffic • Concern that property values would go down in the nearby area • Make site area into a City park • Bike lane and cyclist safety • Residents from Glenbrook Apartments are also affected "Mr. Z" thinks the site area is a good place for a dog park but has some issues with the tree removal and thinks the area should be improved if trees are removed. He thinks the new dog park should be connected in some way to Memorial Park. He also suggested the Commission should 4 visit the property to see how close the Casa De Anza townhouses are to the dog park before making a decision. Acting Chair Fung closed the public comments and brought the issue back to the Commission for discussion. Commissioner Budaraju asked what the residents from the Mary Avenue site area were referring to that was of concern to them two years ago. Acting Director Lamy said she thought it was the proposed Senior Housing for the same property that was not put forward by Council. Commissioner Paul asked if the proposal includes removing parking places from Mary Avenue. Director Borden said there was not a proposal to take away parking or remove any of the parking lane in this project. The bicycle lane will also remain on Mary Avenue. Commissioner Budaraju asked what the history and benefit of this dog park proposal is since he is new to the Commission. Acting Director Lamy explained the process that took place approximately two years ago where it was determined by public process that residents preferred a fenced-in dog park rather than off-leash hours in City parks. The Council then asked for a study of any possible City-owned land areas that could be used for a fenced dog park and the Mary Avenue site was the choice but the lead-contaminated soil report put the project on hold. Last year the Council appropriated the money to see if the soil could be cleaned up in order to move forward with a dog park. Now the Council is looking at whether they should change the zoning from housing to park land and determine whether they should proceed with the environmental review to see if Mary Avenue should be the actual site. Commissioner Fung said he was involved in the previous off-leash process and that at that time, it was determined that off-leash hours in City parks would be unsafe and harder to enforce than having a fenced-in area for dogs. And after a very intensive search, the City Council decided that the Mary Avenue land area was the best location for the fenced dog park. He also reiterated that the soil study revealed lead-contamination on the site area and several trees would have to be removed due to damage from the contaminated top soil being removed, and not just to make room for the fenced-in dog park area. He also said that traffic 5 impact can be discussed if the project moves forward through the normal City process. Commissioner Budaraju asked for clarification of the scope of the Parks and Recreation Commission. Commissioner Fung said it was to determine, as proposed, that the land is rezoned to be park space and a dog park is constructed, that it's consistent with park usage in Cupertino. Commissioner Paul said he felt that because of the soil contamination and the nearness to Memorial Park, that a City park would not be constructed on the Mary Avenue site. He thinks it makes more sense to have a dog park there because of the area. He asked Director Borden if because of the soil reclamation, is there something preclusive about having a dog park there that would not allow trees to be replanted or would they have to be permanently removed because of the reclamation. Director Borden said that some of the trees will have to come out because of the soil reclamation, however, there is nothing about the use of a dog park that would preclude trees going back in and that the tree replacement is mainly budget-driven. He said they will save as many trees as possible, especially, the ones in good health. Action: Commissioner Budaraju made a motion to forward the item to the Planning Commission. Commissioner Fung seconded the motion. Commissioner Paul asked Commissioner Budaraju to restate the motion and asked staff to clarify the staff recommendation. Director Borden explained the Commission would forward a recommendation that should the City Council, on February 5, adopt a General Plan amendment, that a park at the Mary Avenue site would be consistent with the General Plan designation of parks and open space. Director Borden said the public comment would also be forwarded to the Planning Commission and Council. Action: Commissioner Budaraju restated his motion to forward this item and discussion to the Planning Commission. (The motion was previously seconded by Commissioner Fung) The motion carried 2—1, Commissioner Budaraju voted no and Commissioner Greenstein was absent. 6 9. ADJOURNMENT—Acting Chair Fung adjourned the meeting at 8:17 p.m. Respectfully submitted, Donna Henriques, Administrat(ve Assistant Minutes approved at the February 7, 2013 regular meeting 7