CC 06-18-2021 Amended Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.
Friday, June 18, 2021
6:15 PM
Amended Televised Special Meeting
Amended on 6/17/2021 at 3:45 p.m. to add new agenda Item No. 2.
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 4:30 p.m. on Friday, June 18 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s
discretion to shorten time for public comments). Members of the public that wish to share a
document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
Page 1
1
CC 06-18-2021
1 of 13
City Council Agenda June 18, 2021
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_Weom1J51Sy6Tbc1CQXS34w
Phone
Dial: 669-900-6833 and enter Webinar ID: 950 2649 7320 (Type *9 to raise hand to speak, *6 to
unmute yourself). Unregistered participants will be called on by the last four digits of their
phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 950 2649 7320
SIP: 95026497320@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,
if you are calling in, press *9. Speakers will be notified shortly before they are called to
speak.
Page 2
2
CC 06-18-2021
2 of 13
City Council Agenda June 18, 2021
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council meeting who is visually or hearing impaired or has
any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, at least 6 hours in advance of the Council meeting to arrange for assistance. In
addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Friday, June 18, 2021, commencing at 6:15 p.m. In accordance with Governor
Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a
physical location. Said special meeting shall be for the purpose of conducting business on
the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL
STUDY SESSION
1.Subject: Discussion regarding the County’s Office of Supportive Housing’s
consideration of a 2016 Measure A funded potential development located at a vacant
parcel south off Interstate 280 and west of N. Wolfe Road (APN 316 20 088), formerly
the northernmost parking lot for the Vallco Shopping Mall.
Recommended Action: Receive the presentation from the County Office of Supportive
Housing and facilitate a community engagement forum where the City Council and
community can comment on and receive additional information on the project.
Staff Report
ORDINANCES AND ACTION ITEMS
2.Subject: Consider Authorization of the Mayor to Sign a Letter to the County of Santa
Clara Board of Supervisors (Board) Regarding City Support of the Board Granting 1972
Ridgeline Protection Easement Enforcement Rights to Midpeninsula Regional Open
Space District.
Recommended Action: Authorize the Mayor to Sign a Letter to the Board Regarding
City Support Granting 1972 Ridgeline Protection Easement Enforcement Rights to
Midpeninsula Regional Open Space District.
Page 3
3
CC 06-18-2021
3 of 13
City Council Agenda June 18, 2021
Staff Report
A - 1972 Ridgeline Easement Visual Depiction
B - Draft Letter of Support to the County Board of Supervisors
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 6 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City.
Page 4
4
CC 06-18-2021
4 of 13
CITY OF CUPERTINO
Agenda Item
21-9514 Agenda Date: 6/18/2021
Agenda #: 1.
Subject:Discussion regarding the County’s Office of Supportive Housing’s consideration of a 2016 Measure A funded
potential development located at a vacant parcel south off Interstate 280 and west of N. Wolfe Road (APN 316 20 088),
formerly the northernmost parking lot for the Vallco Shopping Mall.
Receive the presentation from the County Office of Supportive Housing and facilitate a community engagement forum
where the City Council and community can comment on and receive additional information on the project.
CITY OF CUPERTINO Printed on 6/16/2021Page 1 of 1
powered by Legistar™5
CC 06-18-2021
5 of 13
Subject: Discussion regarding the County’s Office of Supportive Housing’s consideration of a 2016
Measure A funded potential development located at a vacant parcel south off Interstate 280 and west
of N. Wolfe Road (APN 316 20 088), formerly the northernmost parking lot for the Vallco Shopping Mall.
The Staff Report for this item is forthcoming on an amended agenda.
6
CC 06-18-2021
6 of 13
CITY OF CUPERTINO
Agenda Item
21-9452 Agenda Date: 6/18/2021
Agenda #: 2.
Subject: Consider Authorization of the Mayor to Sign a Letter to the County of Santa Clara Board of
Supervisors (Board) Regarding City Support of the Board Granting 1972 Ridgeline Protection
Easement Enforcement Rights to Midpeninsula Regional Open Space District.
Authorize the Mayor to Sign a Letter to the Board Regarding City Support Granting 1972 Ridgeline
Protection Easement Enforcement Rights to Midpeninsula Regional Open Space District.
CITY OF CUPERTINO Printed on 6/17/2021Page 1 of 1
powered by Legistar™7
CC 06-18-2021
7 of 13
CITY COUNCIL STAFF REPORT
Meeting: June 18, 2021
Subject
Consider Authorization of the Mayor to Sign a Letter to the County of Santa Clara Board
of Supervisors (Board) Regarding City Support of the Board Granting 1972 Ridgeline
Protection Easement Enforcement Rights to Midpeninsula Regional Open Space District.
Recommended Action
Authorize the Mayor to Sign a Letter to the Board Regarding City Support Granting 1972
Ridgeline Protection Easement Enforcement Rights to Midpeninsula Regional Open Space
District.
Background
The Lehigh Southwest Cement Company/Permanente Quarry (Lehigh) is a limestone and
aggregate mining operation located in both unincorporated Santa Clara County (County)
and the City of Cupertino. It includes approximately 3,500 acres located immediately west
of the City, predominantly on unincorporated County land. A sliver of the easternmost
portion of the property not used for the extraction of materials; this portion falls within
the City. The property includes a large quarry pit from which Lehigh quarries limestone,
primarily for processing at the cement plant located on its property. The Lehigh cement
plant was issued County authorized use on May 8, 1939. Other public agencies have
jurisdiction over Lehigh activities, including the State Mining and Geology Board, San
Francisco Bay Regional Water Quality Control Board, California Department of Fish and
Wildlife, and Bay Area Air Quality Management District.
The Lehigh-Permanente quarry is a “vested mine” operation, as determined by the Board
on February 8, 2011. A Reclamation Plan, the document showing how the quarried lands
will be restored, was originally approved by the County in 1984 and was amended in
2012.
Starting in late 2018, Lehigh submitted several applications to the County to amend and
expand the reclamation plan for its property. The current application consolidates prior
applications. It proposes to reclaim the existing quarry pit by filling it primarily with
imported fill and to increase the maximum height of the West Materials Storage Area. The
application also proposes to expand quarrying into a new area south of the current quarry
8
CC 06-18-2021
8 of 13
pit (Rock Plant Reserve), modify a 1972 Ridgeline Protection Easement held by the County
to lower the ridgeline elevation above the main pit, and allow export of aggregate
materials from Lehigh to Stevens Creek Quarry (SCQ) for processing and sale.
The County accepted a Ridgeline Protection Easement Deed on August 22, 1972.
Attachment A depicts this easement. The ridgeline easement indicates that Lehigh is
“willing to grant to the County of Santa Clara an easement protecting and maintaining
the said ridge at specified elevations.” Current conditions of the ridgeline have already
deteriorated because of Lehigh activities, which have contributed to landslides affecting
the ridgeline in 1987, 2001, 2002, and again 2003.
Lehigh’s current applications proposes to further lower the ridgeline by approximately
100 vertical feet across a width of almost 4,000 feet to mine additional limestone in this
area and layback the slope for stabilization. This would result in a loss of over 20 acres of
hillside.
Discussion
More resources are encouraged to strengthen the County’s work to ensure enforcement
of the Ridgeline Protection Easement. Due to this, it is recommended that the Mayor be
authorized to sign a letter of support to the Board regarding the City’s support of the
County granting 1972 Ridgeline Protection Easement enforcement rights to Midpeninsula
Regional Open Space District (MROSD).
County partnership with MROSD, with boundaries that include Lehigh, has the potential
to strengthen the County’s work to protect the easement and to utilize public resources
more efficiently.
Sustainability Impact
There is no sustainability impact for sending the letter of support, but transfer of the
ridgeline protection easement enforcement rights to the Midpeninsula Regional Open
Space District would assist with the protection of hillside environmental habitat and
viewsheds.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Roger Lee, Director of Public Works
Approved for Submission by: Dianne Thompson, Assistant City Manager
Attachments:
A – 1972 Ridgeline Easement Visual Depiction
B – Draft Letter of Support to the County Board of Supervisors
9
CC 06-18-2021
9 of 13
Attachment A – 1972 Ridgeline Easement (Representation of existing and proposed conditions)
10
CC 06-18-2021
10 of 13
Attachment A – 1972 Ridgeline Easement (Representation of existing and proposed conditions)
11
CC 06-18-2021
11 of 13
June 18, 2021
By FIRST CLASS MAIL AND ELECTRONIC MAIL
County of Santa Clara Board of Supervisors
70 West Hedding Street, 10th Floor
San Jose, CA 95110
Subject: City Support of County of Santa Clara Board of Supervisors (County)
Granting 1972 Ridgeline Protection Easement Enforcement Rights to
Midpeninsula Regional Open Space District
Dear Board President Wasserman and Honorable Members of the Board,
The City of Cupertino supports approval of Item 22 on your June 22, 2021
Regular Meeting agenda. The County accepted the Ridgeline Protection Easement Deed
(Easement) on August 22, 1972. The Easement indicated that the Grantor is “willing to
grant to the County of Santa Clara an easement protecting and maintaining the said ridge at
specified elevations.”
The current reclamation plan amendment submitted by Lehigh to the County
proposes to further lower the ridgeline over an additional 100 vertical feet. Current
conditions of the ridgeline have already deteriorated because of mining activities, which
have contributed to landslides affecting the ridgeline in 1987, 2001, 2002, and again in
2003. It is unfortunate that the ridgeline has not been better protected and all measures
should be taken to not allow any further lowering of the ridgeline.
More resources are encouraged to strengthen the County’s work to ensure
enforcement of the Easement. Due to this, the City supports the County entering into
discussions with the Midpeninsula Regional Open Space District (MROSD) regarding a
grant of enforcement rights associated with the Easement to the District.
Partnering on enforcement with MROSD, which is directly adjacent to the
affected area and which has a mission to preserve, protect, and restore open space, is
12
CC 06-18-2021
12 of 13
2
needed. Moreover, this partnership would publicly show that the County values the
importance of our hillsides, the viewsheds they provide and the environment.
Please let me know how the City may offer other support to this issue.
Sincerely,
Darcy Paul
Mayor
CC: Supervisor Joseph Simitian, District 5
1385163.1
13
CC 06-18-2021
13 of 13