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.
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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.
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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
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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
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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
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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
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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.
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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
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