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CC 02-23-10 fp/ �5'C.19 CUPERTINO APPROVED MINUTES CUPERTINO Cl TY COUNCIL Regular Adjourned Meeting Tuesday, February 23, 2010 ROLL CALL At 3:10 p.m. Mayor Kris Wang called the regular adjourned meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. Present: Mayor Kris Wang, Vice -Mayor Gilbert Wong, and Council members Barry Chang (3:12 p.m.), and Orrin Mahoney. Absent: Mark Santoro. ORAL COMMUNICATIONS Cathy Helgerson said that no one from the City had contacted her regarding the concerns she raised about water pollution in wells, creeks, and ponds near the Stevens Creek Quarry and the Lehigh Cement Plant. She asked for private meetings with the City Manager and members of the City Council. She also said that three minutes was not enough time to speak at a meeting. Dr. William Walster said that the Council's work program priorities seemed to serve the interest of corporations rather than the residents and the environment. He noted that there have been 13 cities around the country that succeeded in getting major reductions in pollution from cement plants by working with the Environmental Protection Agency and that Cupertino was not among them. He said it would be helpful to have timely, written, on -line responses to voters' questions, comments, and critiques when they speak at Council meetings because now there is no feedback at all. He noted that Palo Alto has taken Google up on its offer to put in high -speed fiber and wondered why Cupertino wasn't taking advantage of that opportunity that would benefit the residents. Mayor Wang asked other speakers wanting to speak under Oral Communications that they needed to wait until the study session since their comments were related to what was already on the agenda. STUDY SESSION 1. Conduct a study session regarding the City Council Work Program. City Manager David Knapp highlighted the current Work Program. February 23, 2010 Cupertino City Council Page 2 Community Development Director Aarti Shrivastava reviewed the Major Developments section of the Work Program. In the " comments" section, Council concurred to remove the country of origin of the investment company that bought the mall and the proposed theme. Public Works Director Ralph Qualls reviewed the Capital Improvements and Plans section of the Work Program. In the "project" section for the Sports Center Upgrade, Council concurred to remove language referring to a pool and bath house, but the pool cover project would remain in the "status" section. Finance Director David Woo reviewed the Organizational Improvements section of the Work Program. Council concurred to remove outdated information from item C regarding the Fiscal Strategic Plan. Captain Terry Calderone reviewed the Public Safety section of the Work Program. In the "comments" section of item C, number 2 regarding safe routes to school, Council concurred to change the expected construction date to 2011 and in the "comments" section of item C, No. 3, regarding pedestrian ramps, Council concurred to note that the project had been completed. Council asked staff to bring back a report regarding the School Resource Officers prior to the budget. Shrivastava reviewed the Housing and Economic Development/Redevelopment sections of the Work Program. Council asked questions on the rest of the Work Program sections without staff review first and no other changes were made. Ignatius Ding said that truck traffic is still an issue around west Stevens Creek and south Foothill and requested that Council install speed bumps in that area. He also asked Council to consider limiting the commercial traffic before 7 a.m. and after 7 p.m. on Stevens Creek west of Foothill and on Foothill south of Stevens Creek. He explained that the air in that area is very unhealthy due to the trucks. He suggested that Council ask the residents in the area around Monta Vista Park about the best place to put the monitoring station and asked that information regarding Lehigh and the monitoring station be added to the City's website. Karen Del Compare talked about pollution and noise from the quarry and cement plant trucks and noted that the trucks from Lehigh run 24 hours a day, which must be a violation of the City's noise ordinance. She asked Council to look into limiting the hours the trucks can run especially since the trucks would be taking the same route for the upcoming retention dam project. She said that in her experience with Santa Clara County and the Air District, if no one is watching they will do whatever Lehigh Cement tells them to do. Mayor Wang responded that the City Attorney is checking to see if the City can put regulations on the trucks. February 23, 2010 Cupertino City Council Page 3 Jennifer Griffin thanked Council for the creation of the Sterling Barnhart Park. She hoped another piece of land on the other side of Saratoga Creek called the Lawrence Mitty tract would be acquired soon and urged Council to keep it on the agenda. She said people are excited about this land and it would allow for safe routes to school. She also said she hopes the Main Street project would be built soon. Cathy Helgerson talked about the detention ponds and said that the water going into the aquifer isn't treated. She also said that Stevens Creek on the Stocklmeir property is being polluted by the Lehigh plant and needs an environmental assessment, as does the Measurex property. She said that she would like the City to take charge and have more meetings with those who are concerned about these issues and would like staff and the City Council to get back with her about her concerns. Craig Lee recommended five new projects or variations of existing projects: 1. Start planning an upgrade of McClellan Road from Byrne to Foothill Ave. from a bike route status to a bike lane status in order to improve safety along that route; 2. Start a joint City /Lehigh public task force to address noise, traffic, speed, and debris disbursement, provide citizens with a venue for addressing their complaints and getting information, solicit support from Lehigh for engineering or education solutions to these problems, and encourage Lehigh to provide discipline to truckers who misbehave in the City; 3. Start a City /school task force to help the School District complete its suggested routes to school and help the City identify sidewalk and rcadway improvements; 4. Establish a task force for communication purposes to organize citizen complaints, and authorize communication for information from the County and other agencies; 5. Require on -site traffic plans for private schools and day care centers for drop off and retrieval of children before the school can receive a license. He also asked to have police and fire information added to the website, such as how to get graffiti removed in the City. Joyce Eden asked Council to send a letter to the Bay Area Air Quality Management District asking for a single stack on the cement kiln in order to monitor emissions continuously and to ask the Board of Directors to set rules and regulations that will significantly reduce pollution from the Lehigh kiln. (Vice Mayor Wong asked Ms. Eden to email a letter to the City Manager who would forward it to the Legislative Committee for recommendation). She noted that the City can't rely on the upcoming ruling on mercury, hydrochloric acids, etc. because the cement companies are putting pressure on the Environmental Protection Agency to modify or weaken the rule. She explained that the Air District has the authority to implement the rule as proposed whether it's the final rule or not. Bill Almon from Quarry No said that the community has lost confidence in the Air District and hopes that the new trailer will actually analyze what is falling out of the air. He said he was concerned about the large hole that is being dug in the ground and allowed to expand because historically, cement plants and quarries eventually go bankrupt and become wards of the State, and that will probably occur here within 25 years. February 23, 2010 Cupertino City Council Page 4 Mayor Wang explained the steps the City is taking to help address the residents' concerns including holding a study session on the Lehigh plant in January and putting those presentations on the website, having the City Attorney look into the possibility of limiting truck traffic and hours, putting in a new monitoring device at the Monta Vista Recreation Center, and putting in a detention pond to help with dust. She said the City is waiting for the Air District's report regarding the new Title V standards. The City Council listed their wish list items to be added to the work program or the budget and will be brought back at the next Council meeting. ADJOURNMENT At 6:05 p.m. the meeting was adjourned to Tuesday, March 2 at 6:00 p.m. for Housing Commission interviews, City Hall Conference Room A, 10300 Torre Avenue. Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -Verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364.