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.
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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.
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Plans for safer school route could mean reopening controversial pathway near Blackberry ... Page 1 of 2
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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
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12/10/2009
Plans for safer school route could mean reopening controversial pathway near Blackberry ... Page 2 of 2
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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.
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Cupertino council launches new search for place for off-leash dogs -San Jose Mercury N..
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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
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12/21 /2009
Cupertino council launches new search for place for off-leash dogs -San Jose Mercury N... Page 2 of 2
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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.
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San Jose, home developers balk at proposed air pollution guidelines -San Jose Mercury N... Page 1 of 3
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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
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San Jose, home developers balk at proposed air pollution guidelines -San Jose Mercury N... Page 2 of 3
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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.
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San Jose, home developers balk at proposed air pollution guidelines -San Jose Mercury N... Page 3 of 3
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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."
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Cupertino aims to cut utility bills by 15 percent -San Jose Mercury News
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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
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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.
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