27. Bay Area Air Quality Management DistrictOFFICE OF THE CITY ATTORNEY
20410 TOWN CENTER LANE, SUITE 210- CUPERTINO, CA 95014
TELEPHONE: (408) 777 -3405 - FAX: (408) 777 -3401
CUPERTINO
Agenda Item No. :21
SUBJECT
SUMMARY
MEETING DATE: May 18, 2010
Authorize the City Manager to negotiate and execute the license agreement to allow the Bay
Area Air Quality Management District ( BAAQMD) to place an air monitoring station in Monta
Vista Park for a minimum period of one year.
BACKGROUND
The City of Cupertino has been working with the Bay Area Air Quality Management District
( BAAQMD) to position an ambient air monitoring station in Cupertino to measure air quality.
Monta Vista Park has been identified as a suitable location because it is secure, has unobstructed
air flow, is near Lehigh Cement, is representative of the community, has access to power and
phone, meets EPA siting criteria, and is available for at least one year. The station is enclosed in
an 11' x 24' trailer and will be accompanied by a 30' meteorological tower. The station will
occupy approximately three (3) parking spaces and be surrounded by a chain link fence. The
meteorological tower requires a 4 x 4 cement pad located in a corner of the park. The station
will remain in Monta Vista Park for a minimum one (1) year. At the conclusion of monitoring,
BAAQMD will remove the station and tower and restore the area to its present condition.
The station will continuously measure particulate matter under 2.5 microns, carbon monoxide,
methane, oxides of nitrogen, non - methane organic. carbon, ozone and sulfur dioxide. These
levels will be reported in real time on BAAQMD's website. The station will also take samples
of metals, gasses, and particulate matter 10 microns or less which will be examined
approximately quarterly in a laboratory. The adjoining meteorological tower, positioned in a
park corner, will measure wind speed and direction and aid BAAQMD in identifying the
potential sources of the observed impacts. This tc wer will be secured to prevent unauthorized
access.
On April 29, staff facilitated a neighborhood meeting where BAAQMD presented information
on the technical specifications of the station and answered resident questions in an open forum.
The City sent noticing postcards to Monta Vista park neighbors residing within 1000' of the park
as well as all groups currently using Monta Vista ?ark and Recreation center. A newspaper
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notice was posted for two weeks and the meeting notice was placed on the City website.
Approximately 40 people attended and engaged BAAQMD in a question/answer session.
Overall, no objections were raised to placing the monitoring station in Monta Vista Park. While
some residents stated that in their opinion other sites would be more suitable to obtain more
accurate readings from Lehigh Cement, BAAQMD explained that Monta Vista Park would
provide a more representative picture of what residents were breathing than the alternative sites
suggested. A video of the meeting has been posted on the City website along with the slideshow
presentation.
BAAQMD has applied for a building permit and temporary use permit through the Community
Development Department. The application was satisfactory, and the permits have been granted
pending Council approval of the licensing agreement.
STAFF RECOMMENDATION
Authorize the City Manager to negotiate and execute the license agreement to allow Bay Area
Air Quality Management District ( BAAQMD) to place an air monitoring station in Monta Vista
Park for a minimum period of one year.
Suknitted by: Approved for submission to the City Council
Teresa Zueger U
Exec. Asst. to the City Attorney
Attachment A: License Agreement
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