00. AgendaCUPERTINO
AGENDA
CUPERTINO CITY COUNCIL ~ REIsULAR ADJOURNED MEETING
10350 Torre Avenue, Commu~iity Hall Council Chamber
Tuesday, Janu~iry 12, 2010
3:00 p.m.
ROLL CALL - 3:00 p.m.
STUDY SESSION
Those who wish to address the City Council on this topic must submit a Speaker Card no later than 3:30
p.m. on January 12. Written comments may be submitted to the City Council at any time by presenting
them to the Clerk at the meeting, or by email addressed to citycouncilnae,cupertino.org.
Conduct a study session to learn about regulation of the Lehigh Cement Plant (formerly Kaiser
and Hanson).
A. Introduction of speakers and presentations by regulatory agencies - 3:00 p.m.
• US Environmental Protection Agency
Shaheera Kelly, EPA Region S~, Lehigh Title V Permits Ofc Lead
• Regional Water Quality Control Board
Representative of Bruce Wolfe;, Executive Director
• Bay Area Air Quality Control District
Jack Broadbent, Chief Executive Officer
Brian Bateman, Director of Engineering
• County of Santa Clara
Jody Hall Esser, Director, Department of Planning and Development
Gary Rudholm, Senior Planner
B. Council questions - 4:00 p.m.
C. Public comments - 4:30 p.m.
D. Council comments - 5:30 p.m.
ORAL COMMUNICATIONS - 6:00 p.m.
This portion of the meeting is reserved for persons wishing to address the council on any matter not on
the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council
from making any decisions with respect to a matter not listed on the agenda.
ADJOURNMENT - 6:15 p.m.
January 12, 2010 Cupertino Cite Council Page 2
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council/Re~levelopment Agency must be brought within 90
days after a decision is announced unless a shorter tune is required by State or Federal law.
Any interested person, including the applicant, prioir to seeking judicial review of the city council's
decision in this matter, must first file a petition for rE~consideration with the city clerk within ten days
after the council's decision. Any petition so filed must comply with municipal ordinance code
X2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority o~"the Cupertino City Council regarding any item
on this agenda will be made available for public inspection in the City Clerk's Office located at City
Hall, 10300 Torre Avenue, during normal business h~~urs.
Lehigh Quarry & Cement Plant Information Resources
Following are the regulatory agencies federal, stag: and local which have some control over the Lehigh
Quarry and Cement Plant:
Regional
Bay Area Air Quality Management District -attains and maintains air quality standards,
increases public awareness of positive air quality choices.
• General Site: http://www.baagmd.gov/
Public Notices: http://www.baaq_md.gov/~rnt/title_v/public_notices.htm#santaclara
2. Santa Clara County Planning -plans and regulates land use and development within the
unincorporated portions of Santa Clara County. The following is the link to County web site.
Search for Lehigh.
• General Site: http://www.scc~ov.org
SF Regional Water Quality Control Board -develops and enforces water quality objectives and
implementation plans that will best protect the State's waters.
• General Site: http://www.swrcb.ca. ov/rwc c! b2/
• Public Notices: http://www.swrcb.ca.gov/ ~nfranciscoba~public_notices/public notice.shtml
• Public Records: http://www.swrcb.ca.gov/~;anfranciscobay/about us/public_request.shtml
4. Santa Clara Valley Water District -acts as the county's water wholesaler, but also as its flood
protection agency and is the steward for its streams and creeks, underground aquifers and
district-built reservoirs.
• General Site: httn://www.scvwd.dst.ca.us/
• Permanente Creek Info: http://www.valley,vater.org/Water/Watersheds -
_streams_and_floods/Watershed_info & X>rojects/Lower Peninsula/Permanente Creek/inde
x.~htm
State
1. Office of Mine Reclamation (OMR) -Created in 1991 to administer the Surface Mining and
Reclamation Act of 1975 (SMARA). Established to meet the Act's requirement, OMR provides
assistance to cities, counties, state agencies and mine operators for reclamation planning and
promotes cost-effective reclamation.
• General Site: http://www.conservation.ca.gov/OMR/Pages/Index.aspx
• Reclamation: http://www.conservation.ca.€;ov/omr/reclamation/Pages/index.aspx
• Notices: http://www.conservation.ca.gov/omr/official notices/Pages/index.aspx
2. California Air Resources Board -Attains and maintains healthy air quality, conducts research
into the causes of and solutions to air pollution.
• General Site: http://www.arb.ca.g~ov/homepage.htm
• Public Records: http://www.arb.ca.gov/html/pubrecsguidelines.htm
• Online Services: http://www.arb.ca.gov/htrnl/databases.htm
Water Resources Control Board -preserves, enhances, and restores the quality of California's
water resources, and ensures their proper alloc,~tion and efficient use for the benefit of present
and future generations.
• General Site: http://www.swrcb.ca.gov/
4. CAL-OSHA -protects workers and the public from safety hazards through its Cal/OSHA
• http://www.dir.ca.gov/dosh/
Federal
Environmental Protection Agency -leads the nation's environmental science, research, education
and assessment efforts.
• http://www.e~a.~ov/
2. U.S. Fish & Wildlife -works with others to conserve, protect, and enhance fish, wildlife, and
plants and their habitats for the continuing benefit of the American people.
• http://www.fws.gov/
3. Mine Safety and Health Agency -enforces compliance with mandatory safety and health
standards as a means to eliminate fatal accidents; to reduce the frequency and severity of
nonfatal accidents; to minimize health hazards; and to promote improved safety and health
conditions in the Nation's mines.
• http://www.msha.gov/
4. U.S. Geological Survey -provides reliable scientific information to describe and understand the
Earth; minimizes loss of life and property frorr~ natural disasters; manages water, biological,
energy, and mineral resources; and enhances ar~d protect our quality of life.
• http://www.usgs.gov/