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CC 02-21-2012 „_, 1 st CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, February 21, 2012 PLEDGE OF ALLEGIANCE At 6:46 p.m. Mayor Mark Santoro called the regular meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Gilbert Wong, and Rod Sinks. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS -None POSTPONEMENTS -None ORAL COMMUNICATIONS Jeffrey Su, speaking on behalf of his parents, said they received a citation for the fence in front of their house. They have cut down the wooden portion of the fence to allot 3' but the problem is with the brick fence columns that have been there since they bought the house. Mr. Su requested an extension from the Feb. 29 citation due date. Council requested staff to provide the background information and staff agreed to an extension of March 15. CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 1. Subject: February 7 City Council minutes Recommended Action: Approve minutes 2. Subject: Accounts Payable for period ending January 27, 2012 Recommended Action: Adopt Resolution No. 12-121 3. Subject: Accounts Payable for period ending February 3, 2012 Recommended Action: Adopt Resolution No. 12-122 Tuesday, February 21, 2012 Cupertino City Council Successor to the Redevelopment Agency 4. Subject: Municipal Improvements, 21856 Hermosa Avenue Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter, and driveway approach improvements in the City right-of-way 5. Subject: Municipal Improvements, 22641 Alcalde Road Recommended Action: Accept Municipal Improvements Description: The work included sidewalk, curb & gutter, and driveway approach improvements in the City right-of-way 6. Subject: Planning Commission's recommendation to select Marty Miller as the Environmental Review Committee representative Recommended Action: Accept the Planning Commission's recommendation to the Environmental Review Committee SECOND READING OF ORDINANCES 7. Subject: Ordinance to install bike lanes on Rodrigues Avenue between De Anza Boulevard and Blaney Avenue Recommended Action: Conduct second reading and enact Ordinance No. 12-2091: "An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes-Designated; Rodrigues Avenue between De Anza Boulevard and Blaney Avenue" Mahoney moved and Chang seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Santoro, Mahoney, Chang, and Sinks. Noes: None. Absent: None. Abstain: Wong Mahoney moved and Chang seconded to enact Ordinance No. 2091. Ayes: Santoro, Chang, Mahoney, and Sinks. Noes: None. Absent: None. Abstain: Wong PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 8. Subject: Consider locations(s) for an off-leash area for dogs Recommended Action: Consider location(s) for an off-leash area for dogs and give direction to staff Judy Klinger said a lot of time and money has already been spent with polling and past discussion, and the issue of safety needs to be taken into account. She cited a recent dog attack of an elderly woman in an area involving two off-leash dogs. Sandra James asked Council to give Memorial Park a try to offset the decay from duck feces and associated health issues that it causes. Tuesday, February 21, 2012 Cupertino City Council Successor to the Redevelopment Agency Tmima Koren suggested that the City allocate more funds to clean Memorial Park and have the dog park. Darcy Paul, Parks and Recreation Commissioner, said he grew up with dogs and the park is a good place for dogs to run around. He suggested that dog owners share the space with those that want to use the park and to use retractable fencing for particular parts of the day. Richard Robinson said he supports the dog park and prefers it to be at Memorial to support the Veterans. He said the Godbe survey is not statistically valid because only the people that are motivated and organized are going to return the ballots. He said it would be better to call people instead of sending out mailers. Helene Davis said she is in favor of the dog park because they work in other cities and foster community. Eric McKinlay said that the dog park is a good idea but realizes there are counter arguments. He wants a place to take his dog but is not looking for lots of improvements. Irene Ludwikow said Memorial Park is the only place she can walk and an off-leash dog park is a very serious problem and said could be a victim. She asked Council to take into consideration residents like her and that having off-leash dogs in the park does not honor the Veterans. David Fung, Parks and Recreation Commissioner and long time resident, presented an example of a Mission Viejo City lawsuit relating to dog parks. He said a large percentage of residents are opposed to dog parks and urged Council to find another non-park location. Ilango Ganga said he lives near the Library Field and doesn't want dogs to congregate during traffic hours, school hours, or during library hours. Delores Carson said Memorial Park is a better spot but policing would not work there. She suggested putting money into Mary Avenue by cleaning it and fencing it in and also noted that parking is better there than at the Library Field. Corky Axelson, speaking on behalf of the Veterans at Memorial Park, said there is a problem with cleanliness and they have to cleanup daily. He encouraged trying a dog park for a couple hours at day at Memorial Park which might help with the cleanup. Ardith West said she opposes the off-leash dog park locations because it could be hazardous for the seniors at the Senior Center. She also noted that the geese might move to Jollyman Park from Memorial Park, and the nearby homes at Library Field might be disturbed. She suggested working with the County on a trial basis at Stevens Creek Reservoir Park or the Mary Avenue location. Tuesday, February 21, 2012 Cupertino City Council Successor to the Redevelopment Agency Jim Black suggested posting signs with a notice of fines, using dog patrols to scare the geese like at Shoreline golf course, physically removing the geese at Memorial, or trying already fenced-in parks like Linda Vista or Wilson. Suzette Pangrle said she is in favor of an off-leash dog park as a way to get to know her neighbors and said she prefers a fenced-in area. Hari Guleria said he is in favor of a fenced-in dog park and suggested using dog patrols and off hours at the Library field when no children are present by changing the proposed use times. Betsey Dougherty said she is in favor of a fenced-in park at the Library Field because it would be safer for kids and wouldn't detract from the park, like at Eagle Park in Mountain View. She said she would like to give it a try. Claudette Miller said she has lived a block and half from the Library field for 32 years and said it is about time we got a dog park. She cited that most bites are done by the family dog or a neighbor's dog. She suggested working together and urged Council to approve an off- leash area. Don Krenn asked Council to support the right of citizens for an off-leash area and to move ahead with the proposal as stated. He commended Council for budgeting and finding a location, and helping to get rid of the geese at Memorial. Sinks moved and Wong seconded to promote Mary Ave. as a dedicated dog park from dawn to dusk; have the Parks & Recreation Commission set specific guidelines for usage within reasonable parameters; notice residents within 1500 feet or whatever is customary; and direct staff to find up to $350,000 to sequester the lead and add artificial surface, or make the surface decision a Capital Improvement Project(CIP) in the next budget cycle. After clarifying that Council had previously approved the Mary Ave. dog park, Sinks amended his motion to reinforce the Council's prior action and directed staff to move forward with the additional budget allocation totaling $350,000 rather than $250,000, seeking Council's approval for the increased funding. Wong agreed with the amendment. Sinks further amended his motion that, after expert review and after finding a way to properly sequester the lead so that it isn't a hazard to humans or dogs, put the extra money toward a surface that would work year-round. Wong agreed with the amendment. The motion carried with Vice Mayor Mahoney voting no. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. Tuesday, February 21, 2012 Cupertino City Council Successor to the Redevelopment Agency ADJOURNMENT At 9:17 p.m., the meeting was adjourned. Kirsten Squarcia, Recording Secretary