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CC 05-02-2023_Oral Communications1 Lauren Sapudar From:Rhoda Fry <fryhouse@earthlink.net> Sent:Tuesday, April 18, 2023 8:29 PM To:City Council Cc:City Clerk; City of Cupertino Planning Commission Subject:Please attend Lehigh Meeting on April 26 (for public comment city council May 2, 2023) Attachments:cement plant.jpg Follow Up Flag:Follow up Flag Status:Completed CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council and Planning Commissioners, Since some of you are new to the Lehigh issues and for those of you who are not, here is an update on issues pertaining to Lehigh. Regards, Rhoda Fry Supervisor Simitian Receives Unanimous Support on Lehigh Initiatives and April 26 Lehigh Meeting at 6:30 PM On April 18, Supervisor Simitian brought two referrals to the Board of Supervisors pertaining to Lehigh. The first referral is to obtain a legally‐binding commitment from Lehigh to not rebuild its cement kiln. Following an industrial accident in 2019, the kiln sputtered through to the beginning of 2020. During this time, the Bay Area Air Quality District (BAAQMD) received a plethora of phone calls reporting excessive pollution from the cement plant. The cement plant subsequently ceased operations and instead became a distribution center for imported cement. The kiln, which is fueled by petroleum coke, incinerates locally‐mined limestone and other imported materials to manufacture clinker. This portion of the cement‐making operation creates the most air pollution. The clinker is ground in a mill, mixed with other materials, and stored in giant silos for distribution. During a County meeting in November 2022, a Lehigh representative testified that the company would not rebuild its kiln because it would be too expensive to comply with modern pollution regulations but would retain its Conditional Use Permit in order to continue manufacturing and distributing cement. The second referral creates a policy framework developed by the County in cooperation with the City of Cupertino that sets forth joint planning principles that guide both jurisdictions when considering restoration and potential future development of the Lehigh site. At the April 7 Cupertino Chamber of Commerce meeting, Supervisor Simitian reported that the only land that Lehigh could develop is in jurisdictional Cupertino. About 400 acres of Lehigh’s 3500 acres are within Cupertino’s city limits. Supervisor Simitian announced three goals: close the cement plant, stop mining the quarry, and begin restoration and reclamation of the property. The cement plant’s kiln and active mining shut down three years ago. Reclamation, which is required to occur concurrently with mining is grossly overdue. The 2012 County‐approved plan stipulates that mining‐ waste‐rock piled upon over 300 acres would be placed in the quarry pit to protect water‐quality and to shore up the crumbling ridgeline at Rancho San Antonio Open Space Preserve. Instead, the County is awaiting a new proposal that would transform the quarry into a for‐profit landfill with an estimated 600 truck trips per day for 30 years. In March, the Santa Clara Valley Water District Water Storage Exploratory Committee rejected the idea of turning the quarry into a lake for water storage. To attend the Lehigh meeting in person or via zoom to learn about the organizations that are in charge of regulating the facility, please visit this link: 2 Lehigh Cement and Permanente Quarry Information ‐ Supervisor Joe Simitian District 5 ‐ County of Santa Clara (sccgov.org) Links: April 18 2023 Board of Supervisors items 20 and 21: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=14890 November 17 County Housing, Land Use, Environment, and Transportation Committee (HLUET) item 5: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=13084&Inline=True March 29 2023 Santa Clara Valley Water District Water Storage Exploratory Committee item 5.2: https://s3.us‐west‐ 1.amazonaws.com/valleywater.org.us‐west‐1/s3fs‐public/WSEC‐Agenda‐03292023.pdf 1 Lauren Sapudar From:Matthew Tinsley <MTinsley@sccoe.org> Sent:Friday, April 28, 2023 10:29 AM To:City Clerk Subject:supplemental materials for upcoming Council meeting Attachments:Cupertino FCCH letter MRT 04282023.pdf; Family Child Care CUPERTINO.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Clerk Please find attached a letter to the Mayor and Council and an informational flier on family childcare homes in the City of Cupertino. Please include these as supplemental meeting materials for the upcoming Council meeting. Also, please be aware that I intend to make an oral communication on this topic during this next meeting. Best, Matt Tinsley Matthew Tinsley, Ph.D. Director – Strong Start Office of the Superintendent Santa Clara County Office of Education 1290 Ridder Park Drive MC 243 San Jose, CA 95131‐2304 (408) 453‐6807 mtinsley@sccoe.org Maximizer – Input – Strategic – Relator – Ideation Pronouns: he / him / his Office of the City Clerk City of Cupertino 10350 Torre Avenue Cupertino, CA 95014 April 28, 2023 ORAL COMMUNICATIONS: Support for Licensed Family Child Care Home (FCCH) providers in Cupertino Dear Mayor Wei and City Councilmembers, Licensed Family Child Care Home (FCCH) providers are skilled early learning professionals, typically women of color, whose small businesses provide an essential service in Cupertino. According to data from the California Department of Social Services, twenty FCCH have closed in Cupertino since the beginning of the pandemic. These closures negatively affect children’s academic and social development, and directly reduce family member’s workforce participation, increase absenteeism, and have negative impacts on employers and the local economy. The City of Cupertino can support these essential small businesses by: 1. Updating City Policies to Reflect that FCCH is a Residential Use of Property Using a home as an FCCH is an accessory use of a residential property (Cal. Health & Safety Code § 1597.43(a)) and is a use by right for the purposes of all local ordinances (Cal. Health & Safety Code § 1597.45(a)). 2. Waiving All Local Fees and Charges to Operate an FCCH Upfront costs are a disincentive to open these low margin businesses and may conflict with California Health & Safety Code: “A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home (§ 1597.45(b)). 3. Including FCCH in Small Business Programs, Supports and Grant Opportunities FCCH providers are small business owners who need access to the same supports as other entrepreneurs. Intentionally including them in outreach to existing small businesses programs will strengthen their ability to serve Cupertino families. Thank you for considering these actions. Please feel free to contact Dr. Matthew Tinsley, Director, Strong Start at the Santa Clara County Office of Education (mtinsley@sccoe.org) with any questions. Sincerely, Mary Ann Dewan, Ph.D. County Superintendent of Schools CupertinoSupport Family Childcare Homes in Cupertino can support these essential small businesses by: Updating city policies to reflect that an FCCH is a residential use of property Waiving all local fees and charges to operate an FCCH business Including FCCH providers in small business programs, supports and grant opportunities. 20% of licensed childcare capacity in Cupertino for children 0-5 is in FCCH. 20 of 75 FCCH closed during the pandemic in Cupertino, slowing economic recovery. Family Child Care Homes (FCCH) are small businesses primarily owned by women who are Black, Indigenous or people of color (BIPOC), who provide childcare in their homes.