Loading...
P&R 04-01-04 APPROVED PARKS AND RECREATION COMMISSION CITY OF CUPERTINO REGULAR MEETING THURSDAY, APRIL 1,2004 1. CALL TO ORDER Chairperson Brown called the regular meeting ofthe Parks and Recreation Commission to order at 7 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Commissioners present: Jeanne Bradford, Rod Brown, Frank Jelinch, Roger Peng, Cary Chien None Therese Ambrosi Smith, Director; Marie Preston, Administrative Secretary Commissioners absent: Staff present: 4. MINUTES OF PREVIOUS MEETING A. The minutes of March 4,2004. ACTION: The minutes of March 4, 2004, were unanimously approved as written. 5. ORAL COMMUNICATIONS Parag Kulkarni, secretary of the Tennis Ball Cricket Association, spoke in favor of promoting sports fields for the game of cricket in Cupertino. He reported that the sport has increased significantly in the Bay Area over the last five years. His organization is nonprofit. Director Smith responded that the department is starting a youth cricket program on April 15 with the California Cricket Academy. The field was secured at the Library Field (Torre and Pacifica), and will be prepared with a decomposed granite "runway". The department will evaluate the youth program for one year. Because of the requirements for the adult size field, none of the city's parks can accommodate a cricket pitch for adult games. She also reported that the department is excited about being able to offer a new program, which will include cricket camp and matches. Lonnie Toensfeldt, formerly community club leader for the Rolling Hills 4-H Club at McClellan Ranch, spoke about the challenge 4-H is facing with possible drastic budgetary cuts from the County. The system not only supports 4-H, but also the Master Gardner program at McClellan Ranch. They are currently working with County Supervisor Don Gage and the Agriculture Commissioner to come up with a mechanism Parks and Recreation Commission April 1,2004 Page 2 of7 to keep the organization afloat. She stated that the program is in jeopardy at this point. She requested their support of the program via letters to Supervisor Pete McHugh, Santa Clara County Board of Supervisors, 70 West Hedding Street, San Jose, 95110. The program needs $65,000 to 100,00 to stay alive. 6. WRITTEN COMMUNICATIONS A. Letter to Mr. Tom McNair from Glenn Goepfert, Assistant Director of Public Works, March 9, 2004, regarding use of City property for construction staging. Director Smith read the letter from Glenn Goepfert to Mr. McNair and showed pictures of the said property. She also read a memo from Mr. Goepfert that stated that the Public Works Department determined that a permit from the Santa Clara Valley Water District, under the provisions of the district water shed ordinance, was not required for the McNair project, as it is not in the established flood plain of Stevens Creek. Chairman Brown asked when the amendment to Mr. McNair's agreement was going to City Council, and Director Smith reported that she expected it in the next month. When she finds out, she will let the Commission know her findings. Public Comments Deborah Jamison, Rumford Drive, displayed recently taken photos of the McNair construction site on City property, which showed storage of building materials, debris, a portable toilet, and a vehicle. She stated that the property is under the protection of Ordinance 710. Lonnie Toensfeldt, prior member of the McClellan Ranch Master Plan Task Force and Parks and Recreation Commission, reported that she remembers there were strong objections to this project. She recalled that the Public Works and Planning Departments were asked what the boundaries for the Simms and McClellan Ranch properties were, and they could not give an answer. She reported that a few years ago it was discovered the property line for the previous owner went right up to the back of the Simms house. She stated her concerns as to how Mr. McNair was permitted to build his house without City supervision. She also stated her concern that now that Mr. McNair was given access to City property for his construction project, he may feel he has the right to come in there anytime to access the bottom part of his property. Her other concern was that Mr. McNair will not be able to return this City property back to its original condition, for instance, the gravel road needs to be scraped and reseeded, not just planting over. Craig Breon, Santa Clara Valley Audubon Society, stated his concerns over the protection of the creek. He commented that he had reported that the contractor had not placed appropriate creek protection measures, which has since been corrected. His primary concern is that the construction personnel, who may be undereducated about the value of the creek, may dump materials into Stevens Creek. He believes that at minimum there should be a fee or requirement of some sort that is related to his use of the park for Parks and Recreation Commission April 1,2004 Page 3 of7 his private purposes, and that the fee would go back into creek restoration, or something associated with the health of the general area. Another possibility is that a portion of Mr. McNair's land be planted with native species that would help the general conditions. Staff Comments Director Smith reported that the area was not that pristine to begin with, so this is an opportunity to make it better. If it has to be scraped clean, regraded and soil brought back in, then it might as well be replanted with native and noninvasive plants. She also reported that Ordinance 710 has never been amended to add anything to it; the ordinance only covers McClellan Ranch Park. Despite several searches through official records, the Santa Clara Valley Water District and the Simms properties do not fall under Ordinance 710, though there is a strong desire for this to be the case. The issue did go to the Parks and Recreation Commission and they recommended it to go to City Council. The record shows that the Council decided to use the Simms property for transitional housing, which was continued until last year. The property is zoned Rl. As part of the Stevens Creek Park master plan, the boundaries of the preserve need to be addressed; the Simms property is not part of the nature preserve at this time. Regarding the Water District property, Director Smith has talked with the Water District and was told that a temporary use, such as the McNair project, does not trigger the same level of review. Regarding the issue of laying down the gravel road for emergency access, it was because of the impending wet weather and the need to bring in heavy equipment during that time. In summary, she reported that there had been a very long public process to get this project approved, and thereafter access via City property was approved. The file shows that there was an understanding by all that access was needed to construct the house. The record also shows that the Parks and Recreation Department has not been left out of the loop. Commission Comments Commissioner Jelinch stated he would like to see the restoration be secured with some type ofbond if it's not too late. Commissioner Bradford asked when the project was expected to be complete. Director Smith reported that by September 2004, the majority of the construction will be done and access will then be from McClellan Road. Bradford also agreed with Jelinch in that securing a bond is a good idea and that the City needs to negotiate a specific restoration plan with a time line. She is concerned with materials ending up in the creek and she would like to know there is some kind of accountability that this will not happen. Parks and Recreation Commission April I, 2004 Page 4 of? Commissioner Chien agreed that the expectations of the restoration plan need to be clarified. Commissioner Peng agreed with the other commissioners about clarifying the expectations of the restoration plan. He would like to see a more proactive approach to improve communication between the City departments so that the perception of miscommunication is diminished if any future projects arise. Chairman Brown stated that this was an opportunity to address the concerns and put together requirements for a restoration plan. He also stated that the Commission would like to stay informed about the issue. 7. NEW BUSINESS A. Update on the construction progress of City Center Park and the plan to program and maintain it. Director Smith displayed a picture of the City Center Park with the new sculpture, which was a project of the Arts Commission. She reported that the City has entered into a license agreement with Cupertino City Center Owners Association for use of the property. She gave a brief history of the development of the parkland, which started with a development agreement in September 1987. Under the agreement, the City installed the improvements. There is a one-year warranty that insures that the City's contractor will maintain the park. After that one-year, the Association will maintain the park forever more, except for the art, which the City owns. This is the only park in the city where the City needs to get the private property owner's permission to use the park site. In her PowerPoint presentation, Smith displayed a rendition of the area around the park. The park will be open 8 a.m. to 10 p.m. every day; dogs will be allowed on leash. The park is close to a nearby amphitheater area, parking spaces, and a large parking garage for up to 1,000 cars, which is under the management of the Association. This area would be a nice venue if anyone wanted to have a major event. The Association is open to all organizations for community events, but events of a commercial nature will only be permitted with the consent of the Association. There will be no rental fee for use of the park, but the event sponsor will be responsible for all expenses, including those expenses resulting from City and Association requirements. There will be a $600 security deposit, and if additional areas are being used, the Association may require an additional deposit. The agent for the Association will hold the deposits. The City schedules use of the park, including activities scheduled by members of the Association, and reservations must be made six months in advance. The Cypress Hotel may hold up to two Saturdays per month for use of the park for weddings and other private parties. Each event plan must include at minimum: event description, hours of operation, attendance, utility requirements, parking plan, security plan, trash removal and portable toilet plan, access requirements, and a child safety plan. Parks and Recreation Commission April I, 2004 Page 5 of7 Other requirements will be that there will be insurance coverage no less than $1,000,000 per occurrence and the City and Association must be named as additional insured and held harmless. Alcohol may be served at the park providing all Alcohol Control Board requirements have been met. The event sponsor will be responsible for 100 percent of the actual out-of-pocket costs incurred by the City and Association. The event organizer will be required to notify the interested property owners and tenants at least 30 days prior to the event and resolve any issues prior to the event. The City and Association will return the security deposit upon sign-off after the area has been inspected for damage and cleanup. Smith reported the park will be open in a couple of weeks and that plans are being developed for a dedication ceremony. Commission Comments Commissioner Bradford asked ifthe tenants surrounding the park were notified of the meeting. Director Smith reported that the agents were notified and the agent is reviewing policies with the interested renters. Commissioner Peng asked how many parking spaces were available. Smith reported that in the parking garage, 1,000 spaces are available. The combined number of spaces between the retail area and on-street spaces is under 400. She reported that the hotel parking garage cannot accommodate event parking, but the Symantec parking garage could be available after 5 p.m. and on weekends, and there will probably be a fee involved for its use by event goers. Commissioner Peng asked if there were standard hours for all the City parks. Director Smith answered that there are a variety of hours for the various parks. Commissioner Chien asked about safety precautions due to the proximity to Stevens Creek and De Anza Boulevards. Smith answered that a licensed landscape architect designed the park, so the liability for the design of the park is born by Gazzardo and Associates; however, the City would not have an event there for children. She believes the park is more of an urban plaza, and events where moving objects such as balls are involved would not be scheduled. Commissioner Chien asked ifthere had been any consideration to renaming the park to a plaza. Smith reported that the Historic Society has suggested Cali Brothers Plaza and Cali Mill Park. The Historic Society is coming to the April 19 City Council meeting with a proposed name and the issue of park or plaza will occur at that meeting. Commissioner J elinch asked if there has been any consideration with putting in historical markers. Smith reported that there is a great deal of interest in this and the Historic Society is going to take the lead and decide what this is going to be. Parks and Recreation Commission April I, 2004 Page 6 of7 B. Consider canceling the May 6 regular meeting due to the Portal Park re-dedication event. Director Smith asked the Commission to also consider having a special meeting in mid Mayas she is expecting an important report from the Santa Clara Valley Water District on the limits of riparian vegetation to be established with the Corridor. ACTION: 8. A motion was made, seconded and unanimously approved to cancel the May 6 meeting and adjourn to May 13 to consider the Santa Clara Valley Water District report. MISCELLANEOUS - NO ACTION REQUIRED A. Commission Reports: a. Commissioner Chien reported he attended the Mayor's Breakfast and there was discussion about incentives that might be offered to seniors to encourage them to join the Cupertino Sports Center. He thought the incentive for access to the Sports Center fitness area from 9 a.m. to 5 p.m. at $275/year is a good deal and he encouraged interested seniors to take advantage of this special. B. 9. Staff Updates: a. Director Smith reported that the 4th of July planning is going well. The fireworks launching will be from Cupertino High School. Creekside Park, Sedgwick and Hyde Schools will be used as viewing sites. There is a limited budget and staff is working hard to develop an evening program at each site with roving musicians and recreational staff directing games and face painting. Picnics are welcomed, but portable barbeque grills will not be allowed to be brought in. The events will begin about 6:30 p.m. People will also be encouraged to have block parties. b. Smith reported that the Senior Citizens Commission has reviewed the funding of the Case Management position. Staff is preparing information for the Council's May 26 meeting on revenue and expenditures. The Parks and Recreation Commission will also get this report. ADJOURNMENT Chairperson Brown adjourned the meeting to May 13,2004. Respectfully submitted, Parks and Recreation Commission April 1,2004 Page 7 of7 Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cuvertino.orl!. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchasedfrom the Cupertino City Channel, 777-2364. Minutes approved at the May 13, 2004, regular meeting.