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Director's ReportCUPERTINO CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014 TELEPHONE (408) 777-3308 ~ ~ ~ E ~t,1,.1 N ~ FAX (408) 777-3333 DEPARTMENT OF COMMUNITY DEVELOPMENT Subject: Report of the Community Development Director ~Y Planning Commission Agenda Date: Tuesday, January 12, 2010 The City Council met on December 15, 2009 and discussed the following item(s) of interest to the Planning Commission: 1. Mary Avenue Senior Housing Project -Council voted to proceed with the concept and directed staff to prepare a Memorandum of Understanding (MOU) between the City and the Cupertino Rotary Housing Corporation (CRHC) to include leasing the land; parking, traffic, and air pollution studies; deed restrictions on selling the property; detailed cost analysis; and broad notification of residents, other non-profit groups, and service organizations to be paid for by CRHC. Miscellaneous Items: 1. Water Efficient Landscape Ordinance -The Water Conservation in Landscaping Act of 2006 (AB 1881, Laird) requires cities and counties to adopt landscape water conservation ordinances by Jan. 1, 2010. Attached is a memo with more information on this state mandated requirement. This item is tentatively scheduled for Planning Commission review on February 23, 2010. 2. VTA Service Reduction -Attached is a memo from VTA outlining the reduction in service beginning January 11th. 3. Count-wide Residential Home Energy Retrofit Program -ABAG is coordinating a regional grant application to the California Energy Commission's State Energy Program to establish residential energy efficiency retrofit program in the nine Bay Area counties. ABAG will act as the fiscal agent and manage the regional program development tasks if the proposal is funded. The grant application will be for $10 million, with an estimated amount of $1.5- 1.9 million to come to Santa Clara County. The countywide program will consist of three tiers of performance-based energy audits: (1) low-cost simple audits (2) installation and retrofit using single trade contractors and (3) whole-house deep retrofits. The grant will cover county staff time to manage the contract(s), residential energy and water audits, outreach, local financing opportunity coordination, and existing program integration. This program will support existing local weatherization and low income retrofits. There will be no cost for residents or cities to participate in the program. A resolution to consider joining the program will be brought to Council in February or March. D~- ~ Report of the Community Development Director Tuesday, January 12, 2010 Page 2 4. Delia's Cleaners Draft Removal Action Workplan -The Department of Toxic Substances Control (DTSC) is proposing a cleanup plan for the former Delia's Cleaners/One-Price Cleaners site. A draft Removal Action Workplan (RAW) has been prepared for the site. The draft RAW describes the investigations and proposed cleanup activities for the site. Attached is a fact sheet that provides a summary of the proposed cleanup, site history, contamination found, and opportunities for public involvement. Upcoming Dates: Jan. 19 Council Study Session on Mary Avenue Project, 3 p.m. Jan. 20 Council reserving date if regular meeting goes beyond midnight, 6:45 p.m. Enclosures: Water Efficient Landscape Ordinance VTA Budget Deficit and the Implementation of Bus and Light Rail Service Reduction Delia's Cleaners Draft Removal Action Workplan News Articles G: ~ Planning ~AartiS ~ Director's Reports 2009 ~ pd1-12-10.doc ~.~ CUI'EItTINO CITY I~AI.t, 1030(?'rDRRI~ AVE,NUIJ CUPERTINO, CA 95414 TrL.rhF~IoN~ (4os) ~~~-3308 FAX (408) 777-3333 U P E f~T f N C~ DEPARTMENT Qr COMMUNITY DEVELOPMENT Subject: Water Efficient Landscape Ordinance Water Efficient Landscape Ordinance `l he Water Conservation in Landscaping Act of 200 (AF3 1.$81., Laird.} requires cities and counties to adopt landscape water conservation ardina~z~ces by Jan. 1, ~(11C~. Pursuant; to this law, tl~e Departz-nent of Water PesoLZrces (DW'P} has prepared a Model. Water Efficient Landscape Ordinance. A local jurisdiction znay adopt its o~vn. ordinance as Icing as it complies with, or is more stringent than, the State ordinance b}= January 31, 201Q. Permit applications received prior to a city adopting its own ordinance will be subject to the requixements of the 1=?V1'I~. model ordinance starting January 1, 2U1Q. DW1Z`s model laneiseape ordinance tivill apply to the .following projects: • New construction and rehabilitated Iandseapes for public agency projects and private development projects with a landscape area equal to or greater thazz 2,5U1~ square feet that require a building or landscape permit, plaxz check or ,, design review; New construction and rehabilitated landscapes wl1ic11 are developer zistailed in single-family and multi-family projects with a lanc-lscape area. equal to or greater than 2,5Qt? square feet that require a btzilding or landscape permit, plan check or design review; Ne~v construction Iandseapes which are hcameowner-provided. and jor homeowner hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than S,DUU square feet that require a building or landscape permit, plan check or design revieiN; and All existing landscapes that were installed before January 1, 201U and are over one acre in si~e• The ordinance has exemptions for historic propez~ties, iz•rigation projects and arboretums. Cupertino and other cities in the Bay Area are working with. tv~.~o regional agencicas, I3ay Area Water Supply anal. Conservation Agency (BAWSCA} and. Santa Clara Valley Water District (SCVWD), on a draft ordinance that is simpler to comprehend and implement. T'he z~zew Water Efficient Landscape ordinance will replace the ~Q ~3 ITEMS of INTEREST MoNtiAY, NOVENTBER 30, 2009 PAGE 2 City`s existing Xeriscape Landscaping ordinance (Chapter 1.15 of the Cupertino Municipal Cade). Staff anticipates that a model ordinance will be presented. for Council's consideration in January 207.0. The City's draft ordinance will Focus nn: (1) conformance with State requirements, (?} streamlining the approval process, and (3} ininirnizing costs for applicants and homeowners. This informational piece will be posted on the City's website and :flyers vrill be handed out at the counter to inform the public of the upcoming ordinance changes. 'The. craft ordinance, once prepared, will also be posted an the City's website and hearings will be noticed on the website and newspaper. ~Q~ S A N T A G L A R A ~~, Valley Transportation Qutharity December 2, 2UQ9 Dear Gupertina Gity Council /City Manager. "I'ITe Sarlta Clara Valley '~l'rarlsporlation authority (VTA} is slTar-ing tlTe following irlfar-rrration with you to better inform your constituents. Following is a brief summary of the budget deficit that V1°A is facing and a cost-saving strategy that will reduce bias and light rail ser°vicc; beginning on January 1 1, 2p10. Please share this important inf'arrnati4n to your constituents via. email, your ne~x~sletter and your city's website. Thank you for your help. If you Would like further information, please contact Gail Collins, Senior •I'rarlsportation Planner by email: r~ail.collins~i?vta.r~r~; or by telephone: 4(I$-321-5754. VTA )F3ud~et Deficit autl the Implementation of Bus and Li~lit Rail Service Recluctian iri Januax-y 2010 VTA provides bus arld fight rail to Santa Clara County residents. Like many vthifr transit a~guncies in the I3ay Area, the recession has srgniticantly impacted VTA and our riders. Public transportation funding has eroded due to the elinTinatian of the state transit fund and the loss of sales tax revenue. To fill the budget gap, V`I"A has alrt;ady inTplerTlented rTlarly cost saving strategies including employee fr.rrlauglls, wage freezes, and fare increases. Despite these nleastrres, it will be necessary to reduce service on bus lines and light rail beginning Ivlontlay, January 1 1, 2fI10, Overall, the service reduction inelutles an 8% reduc-tiara in bus service arld 2.5% reduction irl light rail service, with higlTer reductiarrs on the v~<eekends. Reductions on specific lizTes may include minor schedule changes, discontinuing some trips, or eliminating Sahu•day antiJor Sunday service. The. service rtduction plan WaS di3CU5Sed at pl.IbliC ITleetrngS tIU•all~hor.it the county, and the tinal plan. includes input. fratn the cammuuity. If you or your residents have any commerTts or questions about how to reach a destination under the new service plan, please contact VTA Custanler Service far trip planning at. 408-321-230{); 'i'TY only (408}321-233U; ar from the 6SQ area code and south Santa Clara Cotrrlty toll area: (800) 894-99U8. Beginning on December 1 1, 2009, you may also use the Croogle `T'rip Planner an our website: wv~~v.vta.t~rg. pit-5 Fact Sheet, November, 2009 Delia's Cleaners Draft Removal Action Workplan Available For Public Review The Department of Toxic Substances Control (DTSC) is proposing a cleanup plan for the former Delia.'s Cleaners/One-Puce Cleaners (Site). A Draft Removal Action Workplan (RAW) has been prepared for the Site. The Drafe RAW describes the investigations and proposed cleanup activities for the Site. DTSC encourages you to review and comment on the Draft RAW. The Site is Unit E (currently vacant) located in the tenter of an eight-unit single-story commercial building in Cupertino. The Site is located.west of the intersection of Bollinger Road and De Anna Boulevard. To the north there are residential properties across a small creek along the northern property Line. Single-family residences are within I00 feet of the Site on Bollinger. There is currently a Home Depot and bank directly across Bollinger to the south. DTSC determined that further action is required after investigations showed elevated concentrations of volatile organic compounds (VOCs), primarily perchloroethene (PCE}, in the soil, in groundwater, and in the indoor air of Unit E. PCE is a solvent used in dry cleaning operations. The source of the PCE appears to be accidental spillage/leakage during the 25 yeax period of dry cleaning activities at the Site. This fact sheet provides you with a summary of the proposed cleanup, Site history, contamination found, and opportunities for public involvement. If you have questions about this project, please call Andrew Berna-Hicks, DTSC Project Manager, at {510) 540-3956 or by e-mail at ABernahiOa dtsc.ca.gov. ~~~~ History of the Site the commercial building was constructed in 1978 at which time the property and surrounding properties were undeveloped. Delias Cleaner was among the initial tenants and conducted business as Delias Cleaners or One-Price Cleaners from approximately 1979 to 2005. From east to west, the current building occupants of Units A through G include a student learning center, a hair salon, a restaurant, a remodeling contractor, the former dry cleaner (now vacant), a mini mart, a travel agency, and a music school. What is the Contamination? the PCE contamination was discovered by the property owner when Delia's Cleaners ended its lease. A review of the Site history and the history of surrounding properties show that there are no other sources of PCE. Figure 2 shows PCE in soils based on the results of the Site investigations. This suggests two source areas, the Unit E floor drain and a former drum storage area just south of the dry cleaning machines near the center of the building. When the shallow soils contain VOCs such as PCE, the soils can release vapor that enters the building through cracks or seams in the floor. Recent testing shows that the level of PCE in the indoor air of Unit E is above background levels and exceeds DTSC's allowable level by a significant margin. The results of Site investigations indicate that the groundwater approximately 75 to 90 feet below Unit E contains PCE. Groundwater is used to supply water in the city of Cupertino. Drinking water wells in the area are sampled regularly by San Jose Water Company to determine if the water has contaminants such as PCE. This data shows none of the water wells in the area have been impacted by PCE. The groundwater beneath the Sire is not used for domestic, industrial, or agricultural purposes, nor is it, expected to be used for these purposes in the future. However the final cleanup goal for groundwater at the Site will be set at public drinking water standards. ~~~7 Figure 1: Location. Map for DeIia's Cleaner sz?tr~ ct.tA~a o~r<--=~,R~ ~~ .~~--e i a~ ~ O~~ - Q9 s~ 2~ I (. ~~B-3 ! -2 .( rs I d~. . ss~p ~ - d 1 ~ >orj . ' Rio ' i Unit F ~ Uni~.E , Unit D Unit C i ~~ i e 2: Delia's Cleaners showing PCE contamination pattern in soil in the rear of Unit E What Will Be Done? The primary objective of a Draft RAW is to evaluate cleanup alternatives and to identify a preferred cleanup plan which prevents or reduces potential risks to public health and the environment. Cleanup alternatives are evaluated on the basis of their effectiveness, ability to be implemented, and cost. A Draft RAW then identifies the cleanup plan that DTSC recommends. Before DTSC snakes a final decision to approve, modify, or deny a cleanup plan the Draft RAW is made available to the public for review during a public comment period. All comments are reviewed and considered before the Draft RAW is approved. Cleanup Alternatives Considered Four cleanup alternatives were evaluated in the -draft~2.AW for the I~elIa's CIeaners'Si e: ~ _ Alternative 1 - No Action This alternative would involve no cleanup action on the Site. It would remain i~ its current condition. Alternative 2: Under-Slab Vapor Extraction • Saw cut and remove concrete flooring, trench and install piping. • Dispose of between 10 and 60 cubic yards of contaminated soil at a Class I landfill. • Install a soil vapor extraction system which would operate for about five years. • Passive biodegradation of groundwater to reduce contaminants. Alternative 3 -Excavation and Soil Vapor Extraction Using Horizontal Wills • Remove and then replace 500 square feet of con- crete floor and 300 square feet of pavement. • Excavate about 260 cubic yards of contaminated soil from the Site. Transport to Class I landfill for disposal. • Install up to four horizontal vapor extraction wells. • Collect soil samples from the excavated areas and analyze for VOCs. - • Backfill excavated areas using clean imported fill. • Install an enclosed soil vapor extraction system and operate for two years. • Passive biodegradation of groundwater to reduce contaminants. =Alternative 4 }-- ~`xcavati:7n. and Sail:Vupor- - Extraction Using Horizontal and Vertical bells Alternative 4 includes the following actions in addition to those described for Alternative 3: • Install two vertical soil vapor extraction we1Is. • Collect.soil.samples and analyze for VOCs. • Test soil vapor extraction using the two vertical wells, the four horizontal wells and two existing monitoring wells. • install an enclosed soil vapor extraction system including soil vapor extraction from the monitoring wells to actively clean up groundv~~ater. Pr~'8 DTSC Recommends Alternative #4 DTSC recommends Alternative #4 as the pre- ferred cleanup alternative for the Site. DTSC believes that this alternative protects human health -and the environment, is cost effective, and can be readily -implemented. Summary of Proposed Draft Removal Action Workplan Tf the plan is approved, you can expect to see the following activities: • About 500 square feet of concrete floor will be cut, removed, and replaced. About 300 square feet of pavement will be stripped and replaced. • Over a period of about one week a backhoe, loader, and trucks will dig up and haul off nearly 260 cubic yards of soil from specific areas at the back of the Site. Dust control measures will control dust from the excavation activities. • Excavated soil will be hauled to a permitted Class I landfill. Clean soil approved by DTSC will be brought to the Site to fill in the excavations. All trucks will be covered and will travel only on an approved truck route. • Up to four horizontal vapor extraction wells . and two vertical.vapor extraction wells will be installed. • Soil samples will be collected from the excavated areas and analyzed for VOCs. • A soil vapor extraction pump will be installed behind the building in a noise controlled enclosure and will operate intermitantly for several years. California Environmental Quality Act -Notice of Exemption A Notice of Exemption (NOE) for the Draft RAW has been prepared in accordance with the California Environmental Quality Act (CEQA). DTSC intends to file this document with the Governor's Office of PIanning and Research, State Clearinghouse when the Final RAW is approved. The NOE states that it is DTSC's finding that the proposed cleanup would have no significant impacts on the environment or community. . Information Repositories To encourage community revie~~v and input, DTSC has established the following information repositories for this site: Department of Toxic Substarices Control 700 Heinz Avenue, Suite 200 Berkeley, CA 94710-2721 Phone: (510) 540-380Q Cupertino Library 10800 Torre Avenue Cupertino, CA 95014 (408} 446-1677 You can also view the Delia's, documents on DTSC's EnviroStor.database at http: //Z~rww. envirosto r. dtsc. ca. govlp ubli c/profile report.as~Qlobal id=60000349 To learn more about DTSC go to our website at ~~~K~vv.dtsc.ca.~ov For More Information For more information about the site, the cleanup process or site related documents, please contact: Andrew Berna-Hicks, DTSC Project Manager (510) 540-395G, ABernahiC>dtsc.ca.g_ov For questions regarding the public participation .process, please contact: Wayne Hagen, Public Participation Specialist (510) 540-3911, Wf-i~enC~dtsc.ca. For media questions, please contact: Claudia Loomis, Public Information Officer (916) 255-6578, CLoomis(~dtsc.ca.gov Anuncio Si prefi ere hablaF con. alguien en ~spanol.acerca de esta informacibn, favor de Ilamar a Jacinto Soto, Departarnento de Control de Substancias Tbxicas. El numero de telefono es (510} 540-3842. Notice to Hearing impaired Individuals TDD users can obtain information about the site by using the California State Relay Service at (888) 877-5378. Please ask to speak with Wayne Hagen, DISC Public Participation Specialist at (510) 540-3911. ~/ 1~ Recession has a positive side for for some Cupertino business owners -San Jose Mercury ... Page 1 of 2 t~l~e,~~l~ercu~,~ ~e~~ MercuryNews.com Recession has a positive side for for some Cupertino business owners i3y Matt Wiison Cupertino Courier Posted: 1210412009 03:16:26 PM PST Updated: 12/04/2009 03:16:27 PM PST Business appears to be on the upswing in Cupertino despite a tough economy. According to the city's economic department, the city attracted more businesses this last fiscal year than in 2007- 2008. The city saw 30 new businesses added, a 35 percent increase over the previous fiscal year. New businesses include Amici's East Coast Pizzeria, Silicon Valley Surgical Arts, Staples, Fortune Garden restaurant and Marukai market. Not everyone suffers in a recession, said Kelly Kline, economic development coordinator for the city. "For some businesses, when the economy suffers, it presents an opportunity to get in the market when they otherwise would have been waiting in the wings," Kline said. Kline says she sees the addition of restaurants as a bright spot for the city, given that they typically hire more employees than an average office. "We're looking for more energy at the street level," Kline said. The city's sales tax revenue also could use a boost as only 16 percent of its revenue comes from retail, Kline added. A fair number of new eateries that opened over the past year are food court options at Cupertino Square shopping mall. The mall accounts for one-third of the 3.6 million square feet of retail space in the city. Kline cites a number of reasons why the city is a good investment. The average household income is $161,458, and 65 percent of the residents have a bachelor's degree or higher. Kline also notes that the city is user-friendly with good freeway access, and other amenities such as the Flint Center. The new Staples store, which employs approximately 20 full-and part-time employees, chose a Cupertino location earlier this year because of the local residential and business demand for its type of products. "We always put a lot of careful thought and research into every new market entry, and our research shows that Cupertino is a market with a rapidly growing small business community," Staples general manager Edward Topchiyan said when the store opened in May. Frozen yogurt chain Red Mango pegged Cupertino for an opening last year because of its educated and health-conscious population. "We're looking for a demographic that understands the reason why they are paying more for a healthy product that's good for you," said Dan Kim, CEO and president of Red Mango. ~flvcrticamant i~rint Pav~~erec~ gy -~ ~r~~1o http://www.mercurynews.com/valley/ci_13 928621 ?nclick_check= l 12/8/2009 Recession has a positive side for for some Cupertino business owners -San Jose Mercury ... Page 2 of 2 t~~je,ereur,~ ~iew~ MercuryNews.com Kline said the city has started tracking how many new jobs are created when a new business comes to town. The city added a section on its business license applications to declare how many employees will be on staff. "It should be a good tracking system we can look at over time," she said. The city did lose a few businesses during the last fiscal year, including Mervyns, which closed stores nationwide. Harvest Restaurant opened on South De Anza Boulevard and quickly folded after less than a year. Aqui, aCalifornia-Mexican restaurant, will open early next year in its place. Advertisement ~J x a„ m~, Print Pctwer~ti By ,x '~'...'W~,t~~f~r~r-~~~~x g fl>~~1 http://www.mercurynews.com/valley/ci 13928621?nclick check=l 12/8/2009 Plans for safer school route could mean reopening controversial pathway near Blackberry ... Page 1 of 2 ~~~~CCt~C,~ ~~tt~ MerctaryNews.com Plans for safer school route could mean reopening controversial pathway near Blackberry Farm in Cupertino By Matt Wilson Cupertino Courier P^sted: 12/0912009 12:31:21 PM PST Updated: 12/09/2009 12:31:23 PM PST As part of a push to create safer routes to school, Cupertino city leaders could reopen a pathway near Blackberry Farm that neighbors petitioned to close nearly five years ago after complaining about rowdy late-night gatherings at the site. The path at Scenic Circle is among the routes that the Cupertino City Council is looking at in the Monta Vista neighborhood as it begins addressing student pedestrian safety in the notoriously congested tri- school area that includes Monta Vista High, Kennedy Middle and Lincoln Elementary schools. The council is scheduled to decide whether to reopen Scenic Circle at its regular meeting on Dec. 15. In the past, students used the shortcut to go from Scenic Circle, through Blackberry Farm up to the schools near McClellan and Bubb Road until after- hours use of the pathway prompted neighborhood complaints. The city at one time installed a gate that could be locked and unlocked by residents to help keep out troublemakers but allow children to walk to school. "That situation worked pretty well for a few years and complaints went away," said city manger Dave Knapp. When the city begin planning renovations at the adjacent Blackberry Farm in 2005 that included i nstalling a multi-use trail, concerns resurfaced, and residents petitioned to have the path closed off. Stewart Kelly, who helped petition to close the shortcut, said neighbors worried that the gate could be opened as an alternate access point to the recreation area and police activity, trash and drinking associated with the path would become a problem. "Many were worried about people maybe having wild parties, emptying their ash trays and leaving their Big Mac wrappers behind again," said Knapp. In 2007, the city installed a new fence to block off the pathway as part of the $13.7 million Blackberry Farm upgrades. Apparently, students were using gaps in the old fence to cut through Blackberry Farm and cross a bridge over the creek to get to school. Now, many residents are hoping the gate will be opened again. "If we can't do anything about the car traffic, at least we can get some of the kids off of the main streets so they're not competing with the cars and bicycles and everything else coming down that street," said resident Barbara Goldman. Max Bokelman, a resident close to the gate, is wary about it opening for long hours during the day. Bokelman wants study of the any issue to be done by experts. Grivarticamant €.J Print Powered E3y .. ~.~~~~ ~: .~~ D~•I~ http://www.mercurynews.com/breaking-news/ci_13961074?nclick check=l 12/10/2009 Plans for safer school route could mean reopening controversial pathway near Blackberry ... Page 2 of 2 c~~e,le~eur,~ ~ieu~~ MercuryNews,com "If city staff is sincerely interested in improving safety for kids to and from school, then the city should hire a consultant with demonstrated expertise in that area," he said. Resident Carol Stanek said any sort of task force or commission project needs to be focused and follow through on its mission. "It needs to have some sense of urgency to get back to the council so that it does not go into a black hole where previous task forces have gone," she said. Many council members agreed and said that the gate and a safe route study should be addressed quickly. "The longer we wait the greater probability there is that a kid gets hit coming around a corner," said Councilman Mark Santoro. The council considered forming a task force to explore opening the gate and general walk-bike to school safety in the area on Dec. 15. Knapp said opening of the gate would not be an immediate change. "If we did anything it would take time and money to make it functional for people," he said. Advertisement L.X. ~rlt'11 ~t1WVel'E'f~ ~~ € „~ ,,,.,, __mF'J`i"'ti x ";'""'°> ~~-i3 http://www.mercurynews.com/breaking-news/ci 13961074?nclick check=l 12/10/2009 Cupertino council launches new search for place for off-leash dogs -San Jose Mercury N.. ~~~,~CCI~C,~ etv~ MercuryNews.com Page 1 of 2 Cupertino council launches new search for place for off-leash dogs By Matt Wiison Cupertino Courier Posted: 1 211 7/2309 04:37:39 PIL1 PST Updated: 12/17/2009 04:37:40 PM PST The issue of allowing dogs to run off leash in city parks appears to be back at Square One in Cupertino. The city council decided Tuesday to launch another search for an area where dogs can run free. This time, however, the city will be looking at locations to create a fenced area specifically for dogs. The new search comes on the heels of a community survey that showed overwelming opposition to a proposal to allow dogs off leash for limited hours at Library Field and Jollyman, Memorial and Linda Vista parks. According to survey results, released Dec. 10 and reviewed by councilTuesday, 63 percent of residents and park users surveyed said no to the idea. The proposal needed at least 50 percent community support to move forward. Part of the proposal included working with Santa Clara County Parks and Recreation to build a fenced dog area at Stevens Creek County Park. After reviewing the survey results, council decided to abandon that portion of the plan and look within city limits instead. "I think it's a huge amount of money, other cities don't want to share it, and most people I talk to with dogs don't want to use it," Councilman Mark Santoro said about building a dog area at Stevens Creek outside city limits. The plan would have required the city to lease 1-2 acres of land from the county and park users would have had to pay to park at the site. Public works estimated the annual cost to maintain the park would have been about $35,000. Cupertino Parks and Recreation Director Mark Linder said a fenced dog park would cost more than $500,000 to build. "I think if we do a fenced-in dog park it should be in the city of Cupertino. I don not feel comfortable investing outside Cupertino," said Councilman Gilbert Wong. Council members voted 3-2 to instruct staff to explore locations. Mayor Kris Wang and Councilman Barry Chang opposed the idea. A fenced park at Stevens Creek has been in the works since July, and the city has budgeted $580,000 that could be used for a fenced area but the plan was dwarfed by the contentious debate surrounding off-leash hours at the city parks. "I don't think Stevens Creek [county park] is a good location because it's outside the city, it's too far. I'm going to go to dog parks in other cities that are closer," resident Kim Reneck said. Other residents said that the city should not be burdened with the full cost of a park that would have seen users pay for parking. "We need to direct staff to continue working with other cities within the county to obtain equal cost sharing of a Santa Clara County park while working on off-leash dog park areas in the city of Arlvarticamant U Print Povverec~ E3Y ~' ~ '~ ~` ~,;-~~~ _ ~._ P~--~f http://www. mercurynews. com/valley/ci_ 1402043 3 ?nclick_check= l 12/21 /2009 Cupertino council launches new search for place for off-leash dogs -San Jose Mercury N... Page 2 of 2 ~1;~je,le~cur,~ ~e~u~ MercuryNews.com Cupertino," resident Don Rosenbaum said. Santoro initially proposed new locations to try fenced and off-leash trials, but the rest of the council members were hesitant to support any new off-leash proposals. "The results of the trial period are over and the people have already spoken. There is no need to go back," said Councilman Barry Chang, who cast the lone vote supporting a fenced area at Stevens Creek. Advertisement Print Powered Oy ~ xa.w ,~-;~~-~~r~~ ~~r1 http://www.mercurynews.com/valley/ci 14020433?nclick check=l 12/21/2009 San Jose, home developers balk at proposed air pollution guidelines -San Jose Mercury N... Page 1 of 3 ~e dews MercuryNews.com San Jose, home developers balk at proposed air pollution guidelines By Denis Cuff dcuff @ bayareanewsgroup.com ~ostea ~ '03'2C'. 12"~~:'-~0 4P,A PST Suppose a builder proposes to develop a 100- condominium development in San Jose within 1,000 feet of Interstate 280. Under proposed new air quality guidelines, the developer -for the first time in the country - could be told to study the health effects of freeway pollution on the people who would live in the condos. If the health risk is too great, the developer might need to modify or scrap his development plan or spend extra time persuading the city or county to approve it. The proposal to more closely scrutinize how people in new housing are affected by existing pollution sources has thrust the Bay Area Air Quality Management District into another heated debate over pollution reduction. Air district officials say their proposed development guidelines break new ground in protecting the public from cancer, asthma, lung disease and other ailments caused or aggravated by air pollution. "This plan is about protecting public health by providing better air," said Mark Ross, a regional air board member on the Martinez City Council. Builders and some city and county officials contend the proposal is overzealous regulation that would kick the struggling building industry when it's down and stifle green development in San Jose, Oakland and other cities that yearn for housing near transit centers and downtowns. San Jose Planning Director Joe Horwedel said the proposed guidelines would "have some major ramifications" for the city's effort to cluster new development along transportation corridors to reduce suburban sprawl and traffic gridlock. "You start taking big areas of the city out of play, it makes it really difficult to achieve our goals of smart growth," Horwedel said. "While we certainly have concerns about air pollution and its impacts on residents, to go through and start redlining parts of the Bay Area as inappropriate for housing is the wrong tack to take." Horwedel said development along Highway 101 and Interstate 880 would be particularly affected, and his department has urged air district officials to reconsider. "We think they should be dealing with it at the source, with air quality standards for cars and trucks causing that pollution, rather than saying you can't build near freeways." Santa Clara County Supervisor Ken Yeager, one of the air district's 22 board members, said he has urged postponing a vote on the proposal, currently set for Wednesday, out of concern that many city officials have not had time to study it and that it may carry unintended consequences. He said the idea was to stop sprawl, not to halt infill development along transportation corridors. "I agree with the policy in theory," Yeager said. "But Advertisement X Print Powered By 1"~ ~ - p ~-~~ http://www.mercurynews.com/ci_ 14104045?source=most_viewed Dynamics 1 /4/2010 San Jose, home developers balk at proposed air pollution guidelines -San Jose Mercury N... Page 2 of 3 ~~e ~~US MercuryNevvs.com I don't know yet whether it's going to do more good than harm, and I'm concerned about a rush to do this." Paul Campos, an attorney for the Homebuilders Association of Northern California, said the proposal "would mean additional costs, uncertain delays, onerous regulation and expensive litigation for development." Cities and counties would retain their authority to decide whether and how development would occur. But the new proposal would steer them to scrutinize air quality more closely. Under the guidelines, cities and counties would require the studies when people living in the proposed housing would be exposed to an extra risk of 10 in 1 million from a pollution source within 1,000 feet. Experts would arrive at the risk by studying the types, potency and amounts of pollution and the distance to the nearest homes. The air district already has a guideline calling for industrial developers to examine pollution effects on existing residents. Now housing developers will have to do the same thing. In its new proposal, the air district for the first time has added diesel soot and fine particles as a criteria for triggering a pollution study. Cities and counties can choose to ignore the guidelines, but they would risk being sued by project opponents alleging a violation of the California Environmental Quality Act. Air district managers said having to do a pollution study doesn't doom a housing or business development plan, but it could spur developers to take extra measures to reduce people's exposure to contaminants. For example, a builder proposing homes near a freeway could look into ways to locate the buildings at the far end of the property to provide space for soot or fumes to disperse, said Gregory Tholen, an air district environmental planner. Ironically, even as builders attack the proposal as onerous, an environmental coalition has attacked part of the plan as too weak. The Bay Area Environmental Health Collaborative contends the district should set a stricter cancer- risk guideline for reviewing proposed new pollution sources such as gas stations and auto body shops if they are proposed in six heavily polluted sections of the Bay Area. An air district analysis has defined parts of San Jose, Oakland, East Palo Alto, Concord, Richmond and eastern San Francisco as areas with elevated concentrations of diesel soot and other air pollution. "There should be no new sources of toxic pollution in these areas," said Gordon Mar, the health collaborative's interim director. But air district managers and industry representatives object, saying that setting stricter development guidelines in more polluted areas would discourage development and job creation there. "We should be helping these urban areas that need economic development, not discouraging it," said Dennis Bolt, a spokesman for the Western States Petroleum Association. Advertisement X Print Powered By '~~ ~~~~1 Dynamics http://www.mercurynews.com/ci_ 14104045?source=most viewed 1/4/2010 San Jose, home developers balk at proposed air pollution guidelines -San Jose Mercury N... Page 3 of 3 ~lje ,dews MercuryNews.com Bolt also said the environmental coalition's proposal would make it harder to win permission for upgrades or modernizations of industrial plants, fuel pipelines or gas stations in the six areas. Mercury News staff writer John Woolfolk contributed to this report. Reach Denis Cuff at 925-943-8267. Air board meeting The Bay Area Air Quality Management District board meets 9:45 a.m. Wednesday to consider guidelines for assessing toxic air pollution and greenhouse gas impacts from new developments. The location is district headquarters, 939 Ellis St., San Francisco. To view online reports on the air district"s proposed guidelines for assessing pollution from new developments, go to www.haagmd.gov . Click on "work," then "be informed, stay involved," then click on "CEQA guidelines." Advertisement X Print Powered By ~Fit~ ~ `.Dynamics DrP-~ ~ http://www.mercurynews.com/ci_14104045?source=most viewed 1/4/2010 Cupertino aims to cut utility bills by 15 percent -San Jose Mercury News ~~ele~c~~t„3 ~ew~ MercuryNews.cam Page 1 of 1 Cupertino aims to cut utility bills by 15 percent 8y Matt Wilson Cupertino Courier Pc~str;d: 01;06!2010 03:10:12 Ptdn PST Updated: 01/06/2010 03:44:19 PM PST My Town • Cupertino: News, reader photos, forums & more • Other My Town pages Lower utility bills are among Cupertino's goals in 2010. In upcoming weeks, city leaders are set to look at reducing the city's utility costs by 15 percent annually. The city currently spends about $1.2 million on gas, electricity and water each year, according to city staff. The push to cut back comes following a recent energy audit revealing that the city spends about 76 percent of its utility funds on landscaping and to power buildings. The audit, conducted by Siemens, looked at seven city-operated facilities including city hall, Quinlan Community Center, Cupertino Sports Center and Monta Vista Recreation Center. According to the audit, 43 percent of city utility funds is spent on water for domestic landscaping, 33 percent is spent on electricity and 19 percent is spent on streetlights. The city spends about $539,000 annually for water, with 95 percent of that amount used for irrigating city parks, landscaping and medians. According to the audit, the city already has implemented many cost-saving improvements, including updated lights, motor replacements and plumbing fixtures. The audit identified several projects the city could undertake to save money in the future. Improvements include streetlight retrofits, interior lighting upgrades and modern irrigation controls for more than half of city facilities. The audit also recommended installing solar panels. The projects would cost the city between $3.6 million and $4.8 million. In June, the city applied for $526,200 in federal stimulus money from the Department of Energy to conduct the audit of city facilities. The audit cost the city $74,000. City council could move forward with a performance contract with Siemens for the upgrades or initiate a competitive bid process for the work. ~,~..,...,..~...e.,. ,p~P-1 ~ http://www.mercurynews.com/breaking-news/ci_ 1413 5363?nclick_check= l 1 /7/2010 Print Powered t3y :..~: ... '~r.~<;.~ >;~~,