CC Resolution No. 09-140 Petition Denial, Paul McNultyRESOLUTION NO. 09-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DENYING THE PETITION OF PAUL MCNULTY SEEKING COUNCIL
RECONSIDERATION OF ITS DECISION TO PI?RMIT A TRIAL PERIOD FOR A SPECIFIC
TIME FOR UNFENCED OFF-LEASH ARE~~S FOR DOGS AT MEMORIAL PARK,
JOLLYMAN PARK, LINDA VISTA PARK, AND LIBRARY FIELD IF OVER 50% OF THE
HOUSEHOLDS WITHIN 1500 FEET AND OVER 50% OF THE PARK USERS SURVEYED
IN A 30-DAY PERIOD APPROVE.
WHEREAS, the Cupertino Parks and Recrf~ation Commission conducted four meetings,
two of which were facilitated, with over 300 participants to discuss fenced and unfenced off-
leash areas for dogs in City parks
WHEREAS, the Cupertino City Council re~:eived public testimony and discussed the
issue of fenced and unfenced off-leash areas for dogs in City parks twice, with over 300 persons
in attendance
WHEREAS, City staff worked with a more than a 60 member citizens group over a 14-
week period to develop recommendations to the City Council including rules for off- leash areas,
an approved trial period for afenced- in off- leash .area at Linda Vista Park and to work with the
County for afenced-in area at Stevens Creek County Park
WHEREAS, the citizens group meetings were open to all interested persons and had been
reported on twice in the Cupertino Courier
WHEREAS, the Cupertino City Council, alter listening to the testimony, approved a trial
period for a specific time for unfenced off-leash ar~:as for dogs at Memorial Park, Jollyman Park,
Linda Vista Park, and Library Field, if over 50% o f the households within 1500 feet of these
parks and over 50% of the park users surveyed over a 30-day period approve
WHEREAS, the Cupertino City Council's decision was within its discretion and made at
a properly noticed public meeting
WHEREAS, Paul McNulty requested that the City Council reconsider its decision under
the provisions of Section 2.08.096 of the City's ordinance code; and
WHEREAS, the City Council has considerf;d all relevant evidence presented by the
parties at all hearings, including evidence presented at the September 1, 2009 reconsideration
hearing.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
1. The petitioners' Reconsideration Petition is defective on its face in that it does not offer
proof of facts as required by Municipal Code Secti~~n 2.08.096.
Resolution No. 09-140
2. The petitioners have made no offer of new :relevant evidence that, in the exercise of
reasonable diligence, could not have been produced at any earlier city hearing. (See Municipal
Code § 2.08.096B(1).)
3. The City Council did not exclude any evidence presented by the petitioners at any prior
city hearing. (See Municipal Code § 2.08.096B(2).)
4. The City Council has proceeded entirely within its jurisdiction. (See Municipal Code §
2.08.096B(3).)
5. The petitioners have failed to present any e~~idence that the City Council failed to provide
a fair hearing. (See Municipal Code § 2.08.096B(~~).)
6. The petitioners have failed to demonstrate that the City Council abused its discretion
regarding permitting a trial period for specific time unfenced off leash dog areas at Memorial
Park, Jollyman Park, Linda Vista Park, and Librar}~ Field, if over 50% of the households within
1500 feet and over 50% of park users surveyed over a 30-day period approve. (See Municipal
Code § 2.08.096B(5).) Specifically, the City Council determines that:
The City Council proceeded in a manner required by law.
The City Council's decision is supported by findings of fact.
The findings of fact related to the City (~ouncil's decision were supported by
substantial evidence in the record of proceedings.
7. The petitioners' Petition for Reconsideration of the City Council's decision of July 21,
2009 on item 15 is DENIED, thereby affirming the original decision.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of September, 2009, by the i-ollowing vote:
Vote Members of the City Council
AYES: Mahoney, Sandoval, Santoro, Won€;
NOES: Wang
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROV D: ,r!~
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Ma r, City of C ertino
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