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Description
The Santa Clara County Supervisor's Office, in partnership with the City of Cupertino, is holding this public meeting to provide an update on the Lehigh Southwest Cement Plant and Permanente Quarry.
Live streamed version.
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B
Take
their
seats
and
I
will
welcome
you,
I'm
County,
Supervisor
Joe
simidian,
and
we
have
a
custom
in
practice.
At
this
event,
in
an
effort
to
respect
everybody's
time,
we
always
start
promptly
three
minutes
late.
That
is
our.
That
is
our.
That
is
our
rule,
because
every
he's
double
checking
me
we're
promptly
three
minutes
late,
so
everybody
can
get
in
get
parked,
find
their
way
into
the
room.
I'm
sure
we'll
have
a
few
more
folks
joining
us
shortly,
but
particularly
because
we
have
a
number
of
folks
online
tonight.
B
This
is
the
first
time
we've
done
this
get
together
as
a
hybrid,
so
for
the
panelists
who
are
here
who
are
wondering
we
have
more
than
100
who
are
registered
and
they
are
joining
us
even
as
we
speak
as
well
as
the
folks
who
are
in
the
room
so
again,
I'm
County,
Supervisor,
Joe,
simidian
I-
want
to
thank
you
for
being
here.
B
This
is
our
eighth
annual
Lehigh
meeting,
and
some
of
you
will
know
that
we
began
holding
these
meetings
when
I
came
back
on
the
board
in
2013
2014
around
then,
because
my
sense
was
that
the
community
had
a
great
many
questions
about
operations
at
Lehigh
and
it
wasn't
always
easy
to
figure
out
how
to
get
those
questions
answered
so
tonight.
B
Our
hope
is
that
we'll
be
able
to
get
answers
to
your
questions
and
when
I
say
your
questions,
I
mean
not
only
those
who
were
seated
here,
but
those
who
are
participating
virtually
and
we'll
make
sure
that
we
get
to
as
many
questions
as
we
possibly
can,
which
is
why
I
wanted
to
start
promptly.
Three
minutes
late.
We
have
a
wonderful
panel
of
state
and
local
Regulators
who
are
here
to
help
answer
those
questions
and,
after
some
background
remarks
on
my
part,
we
will
get
right
to
it.
B
I
want
to
just
start
by
providing
a
little
bit
of
context
and
as
you'll
learn
in
a
few
minutes.
Tonight
is
a
little
bit
different
than
previous
conversations,
because
there
have
been
some
recent
developments
that
we
want
to
share.
I
think
it
is
helpful
and
important
to
remember
that,
while
people
use
the
shorthand
Lehigh
for
all
of
the
activities
at
the
facility,
there
are
in
fact
two
distinct
and
separate
operations.
There
is
the
cement
plant
and
there
is
the
Quarry
and
while
they
are
obviously
inexorably
interwoven,
they
are
two
very
different
operations.
B
They
are
governed
by
different
bodies
of
law,
which
will
become
relevant
and
apparent
here
in
just
a
couple
of
minutes,
and
the
other
thing
I
should
mention
is
that
these
two
facilities
or
operations
are
on
a
3
500
acre
parcel
I
do
get
asked
fairly
frequently
how
you
know,
how
big
is
it
and
the
answer
is
it?
The
Lehigh
property
is
3
500
Acres,
most
of
it
probably
three
quarters
of
it
is
in
the
unincorporated
County
meaning
it
is
not
within
anybody's
City
Limits
and
that's
where
the
plant
and
the
Quarry
are.
B
I
do
think
it's
helpful
for
me
to
share
with
you
all
and
you'll
see
why
this
is
self-interested
on
my
part
in
a
minute,
but
I
want
to
share
with
you
all
the
fact
that,
prior
to
my
return
on
the
Board
of
Supervisors
back
in
2013
and
again,
I
want
to
underscore
that,
prior
to
my
return
to
the
Board
of
Supervisors,
the
Board
of
Supervisors
here
in
Santa
Clara
County,
took
two
important
actions
in
2011.
B
In
other
words,
the
Board
of
Supervisors
said
we
want
to
acknowledge
that
there
are
vested
rights
for
mining
activity
on
this
particular
piece
of
the
property,
and
that
was
a
determination
back
in
2011
and
that,
as
I
say,
was
important
because
it
essentially
identified
that
portion
of
the
3
500
Acres,
where
mining
could
occur
without
a
use
permit.
As
a
matter
of
vested
rights
and
probably
2200
Acres
out
of
the
3
500
Acres
up,
there
was
identified
by
the
Board
of
Supervisors
at
that
time
as
being
vested
meaning.
B
There
was
a
certain
entitlement
to
continue
the
activity
that
had
been
going
on
for
a
long
time
and
proposals
to
mine
outside
that
2200
acres
are
treated
somewhat
differently.
They
clearly
do
require
a
use
permit
from
the
county,
and
that
will
become
relevant
and
useful
information
here
in
a
little
bit
as
we
talk,
then
in
20
2012,
the
following
year
and
again
before
I
came
back
on
the
Board
of
Supervisors.
B
The
Board
of
Supervisors
approved
an
amendment
to
what's
known
as
the
quarries
Reclamation
plan
and
while
that
is
really
the
technically
correct
term,
the
Reclamation
plan,
the
Reclamation
plan
describes
what
has
to
happen
on
the
site
to
reclaim
the
property
eventually.
But
the
Reclamation
plan
is
also
an
indicator
of
what
kind
of
activity
is
going
to
be
permitted
on
the
site,
because
that's
how
you
know
what
you
need
to
fix
one
day
in
the
future.
B
So
there
was
a
Reclamation
plan
that
was
approved
back
in
2012
and
that
probably
encompasses
more
than
a
third
of
the
property
and
as
I
say,
it
outlines
the
plan
and
timing
for
how
the
site
will
be
restored.
Once
the
mining
activity
has
been
concluded.
Now,
both
sets
of
decisions,
the
issue
about
vested
rights
and
the
issue
of.
B
Excuse
me,
the
issue
of
vested
rights
and
the
the
issue
of
the
Reclamation
plan
were.
B
B
Frankly,
I
would
say,
most
of
them
were
fairly
modest
in
my
own
assessment,
but
taken
together,
the
effort
was
to
develop
a
more
rigorous
and
robust
program
of
oversight
at
the
county,
so
making
sure
that
there
were
frequent
visits
by
County
staff
to
the
site
itself,
which
had
not
been
happening.
Frankly.
B
Previously,
the
goal
was
to
have
what
I
call
monthly
boots
on
the
ground,
coordinating
meetings
with
these
various
state
and
local
Regulatory
Agencies,
as
well
as
federal
agencies
that
are
sometimes
involved
things
as
simple
as
making
sure
that
all
the
conditions
of
approval
had
been
satisfactorily
met.
There
turned
out
there
was
a
surety
bond.
B
Let
us
tell
you
what
we're
concerned
about
tell
us
what
you
think
is
happening
on
the
site,
but
just
to
improve
the
communication,
stepping
up
of
noise
monitoring,
which
at
various
points,
has
been
a
concern
for
particular
segments
of
the
community
annual
Town
Halls
like
this
one.
So
people
could
get
the
answers
to
the
questions
and
also
know
who
they
can
contact
after
after
tonight's
meeting
and
outside
expert
review
of
the
fiscal
assurances
that
are
necessary
to
make
sure
that
when
this
thing
gets
put
back.
B
Again,
there
are
sufficient
funds
there,
as
I
say
all
these
sort
of
incremental
taken
together.
The
notion
was,
let's
step
it
up
a
little
bit
and
I
think
that
was
all
to
the
good,
but
I
think
the
most
significant
developments
have
taken
place.
I
would
really
say
since
2019,
and
so
I
want
to
Pivot
a
little
bit
and
tell
you,
then
what
happened
in
2019
in
2019,
the
folks
at
Lehigh
submitted
a
new
Reclamation
plan.
B
Now
again,
I
keep
using
the
term
Reclamation
plan,
because
that's
the
legal
term
of
art,
but
a
Reclamation
plan
is
really
an
indication
of
here's.
What
we're
planning
to
do
in
the
future
and
what
it
indicated
pretty
clearly
was
that
the
plan
at
that
time
and
I
want
to
underscore
at
that
time
was
to
expand
mining
operations
on
the
3
500
acres
and
the
easiest
way
to
put
this
in
layperson's
language
is
to
say
there
was
a
great
big
hole
in
the
ground.
It
was
pretty
well
played
out
what
happens
next.
B
B
There
was
an
interesting
aspect
to
that
proposal
in
2019,
and
here
you're
going
to
have
to
live
with
my
not
very
sophisticated
visual
aids,
the
plan
and
envisioned
as
it
was
submitted
in
2019,
taking
down
the
top
of
the
hillside
in
order
to
Quarry,
and
that
was
somewhat
perplexing
at
the
county
level
and
the
county
staff
can
clarify
or
correct
anything.
I
say
a
little
bit
later
if
they
wish
that
was
somewhere
perplexing
at
the
county
level,
because
our
county
has
an
easement
a
guarantee
that
the
hillside
will
be
protected.
B
So,
as
you
can
imagine,
people
were
saying
well
wait
a
minute.
We
have
this
Hillside
protection,
we
think,
and
yet
we
have
a
proposal
that
envisions
taking
down
the
hillside,
which
presumably
would
have
required
a
majority
of
the
board
to
say
we're
willing
to
give
up
the
protection
that
the
easement
provides
in
an
effort
to
ensure
that
that
did
not
happen.
B
Working
with
County
staff
and
our
County
Council,
who
you'll
meet
here
in
a
few
minutes,
my
office
and
I
pursued
an
agreement
with
the
mid
Peninsula
Regional
open
space
District,
that
is
a
body
full
of
elected
folks,
they're
responsible
for
open
space
on
the
mid
Peninsula,
cleverly
enough
and
said
why
don't
we
share
our
easement
enforcement
rights
with
you,
meaning
that
if
the
Board
of
Supervisors
ever
said
yes
to
taking
down
the
hillsides
that
the
mid
Peninsula
Regional
open
space
District
could
say
no?
No,
no,
no!
No!
B
B
I
was
trying
to
figure
out
how
to
explain
all
that
more
simply
and
much
more
crisply
than
I
just
imposed
on
you
and
the
way
I
came
up
with
of
doing
that
was
to
say,
don't
chop
the
top
and
everybody
seemed
to
yeah,
see
it's
kind
of,
but
everybody
sort
of
said.
B
Yeah
that
I
now
I
understand
don't
chop
the
top,
because
it
would
have
meant
Bringing
Down
the
hillside
by
a
hundred
vertical
feet
more,
if
you
think
about
the
slope
but
100
vertical
feet,
so
the
county
shared
its
enforcement
Authority
and
sent
I
thought
a
very
clear
message
and
that
would
have
been
about
2021
by
the
time
we
finally
got
all
that
wrapped
up
sent
a
very
clear
message
to
both
the
public,
but
also
the
folks
at
Lehigh.
You
know
we
have
this
legal
right
to
protect
the
hillside.
B
You
should
anticipate
that
we're
going
to
enforce
that
that
legal
right,
then
in
2022,
as
I,
was
sort
of
thinking
about
all
right
now.
What
can
we
do
to
continue
to
ramp
up
our
efforts
at
protecting
this
area?
B
I
asked
the
county
council's
office
and
you'll
meet
these
folks
again
in
a
minute
and
the
County
Planning
Department,
if
they
would
do
a
10-year
look
back
for
violations
on
the
site
by
Lehigh,
and
that
was
a
little
bit
muddled
because
it
was
both
the
plant
and
the
Quarry
so
both
and
what
I
was
dealing
with
and
I've
gotten
this
at
previous
hearings.
From
some
of
you,
so
thank
you
for
raising
it
was
you
know,
there's
sort
of
drip
drip
drip
of
violations.
B
There
may
not
be
anything
that
in
and
of
itself,
you
know
brings
everything
to
a
halt,
but
there
certainly
were
a
lot
of
violations
over
the
years,
so
I
asked
County
Council
and
our
planning
department
to
tell
us
all
right.
Look
back
over
10
years,
talk
to
all
the
various
departments
and
agencies,
federal
state,
Regional,
local
and
say
how
many
violations
were
there
and
they
came
back
with
an
answer
pretty
expeditiously
actually
and
said.
The
answer:
is
there
were
more
than
2
135
violations
over
a
10-year
period?
B
That
meant
we
could
then
have
a
conversation
about
whether
or
not
the
cement
plant
operations
were
being
run
in
a
way
that
was
consistent
with
the
use
permit,
which
is
the
legal
document
that
gives
them
the
right
to
operate
that
plant
and
one
of
the
provisions
in
the
use
permit
says
in
addition
to
doing
this
this
this
and
this
you
have
to
follow
the
law.
Your
operations
have
to
be
consistent
with
federal
state,
regional
and
local
law.
B
So
if
you
have
2135
violations
over
10
years,
there's
a
pretty
good
argument
to
be
made
that
that's
not
happening
now.
The
folks
at
Lehigh,
again
to
be
fair,
would
tell
you
well
just
because
we
got
a
notice
of
violation,
doesn't
mean
there
was
a
violation.
It
means
you
all
thought
there
was
a
violation:
okay,
I
I,
you
know,
I
want
to
I,
want
to
sort
of.
B
You
know
raise
that
and
share
it
with
you,
because
that's
what
the
conversation
started
to
sound
like
and
as
the
result
of
having
that
report
I
was
then
able
to
ask
my
colleagues
and
we
have
a
five-member
Board
of
Supervisors.
Each
one
of
us
represents
a
district
and
Lehigh
is
in
my
district.
Our
district
here
in
District
Five,
as
it's
known
and
I,
was
able
to
ask
my
colleagues
given
the
level
of
violations
over
such
a
long
period
of
time.
B
Could
we
please
refer
this
matter
to
our
County
Planning
Commission,
for
the
possible
revocation
revoking
taking
away
or
Amendment
of
the
use
permit,
particularly
with
respect
to
the
plant,
and
the
rules
are
a
little
different
and
I
won't
believe
at
this
point
with
respect
to
the
Quarry?
That's
a
sort
of
a
matter
of
going
to
court.
B
So
we
sent
the
matter
off
to
the
Planning
Commission
as
I
said,
and
now
things
are
getting
serious
and
at
that
point
the
folks
at
Lehigh
and
I
are
in
a
series
of
conversations
with
my
office
and
me
and
I
should
mention
along
the
way.
I've
said
you
know,
it
is
time
to
think
about
a
new
vision
for
the
site,
possibly
including
public
acquisition
and
uses
open
space
one
day,
although
funding
such
a
venture
is
not
a
small
challenge.
B
B
B
So
that
was
shared
in
November
of
2022
just
half
a
dozen
months
ago,
and
we
had
referred
these
matters
as
I
said,
to
our
legal
counsel
and
to
the
Planning
Commission,
and,
as
we
talked
this
through
at
the
County
and
in
my
office,
I
came
to
the
conclusion
that
I
had,
and
this
is
what
I
said
at
the
time.
I
had
three
goals,
and
this
is
the
first
time
I
have
shared
these
in
years.
Past
I've,
just
sort
of
said,
expect
everybody
to
follow
the
rules.
B
But
for
the
first
time
I
said
I
want
to
see
the
plant
closed,
want
to
see
the
quarrying
activity
stopped
and
I
want
us
to
get
started
on,
restoring
and
reclaiming
the
site.
Those
that's
you
could
have
just
come
for
that
30
seconds
and
stayed
home
and
had
a
nice
night
so
I'm,
sorry
about
that
close
the
plant,
stop
the
querying
activity
start
to
restore
and
reclaim
the
site.
B
The
folks
at
Lehigh
had
given
a
pretty
clear
indication
that
they
were.
You
know,
okay
with
the
first
two
in
many
respects.
The
question
is:
how
do
you
make
that
real?
How
do
you
make
sure
that
happens,
and
how
do
you
make
sure
that
once
it
happens,
somebody
doesn't
change
their
mind
times
pass
circumstances
change
people
have
new
business
plans,
ownership
changes
as
it
has
on
the
site.
Many
of
you
know
that
over
the
decades,
so
my
thinking
was
and
is,
and
I
want
to
share
that
with
you
and
the
folks
who
are
with
us.
B
Virtually
my
thinking
wasn't
is
that
we
need
a
legally
binding
agreement
that
shuts
the
cement
plant
down
permanently
and
the
best
way
to
do
that
is
through
the
use
permit,
which
currently
allows
that.
So
even
though
Lehigh
says
we
don't
have
any
plans
to
start
up
again,
the
use
permit
that
they
currently
hold
allows
that
to
happen,
and.
B
Two
weeks
ago,
I
flew
to
Dallas,
which
is
actually
Irving.
Texas
is
where
the
North
American
headquarters
is
for
the
Lehigh
folks
who
go
by
the
official
title.
Heidelberg
Cement
had
a
series
of
meetings
with
them
there
at
their
North
American
headquarters
in
Irving,
Texas
and
said
I'm
about
to
bring
this
proposal
to
the
full
Board
of
Supervisors
wanted
to.
B
Let
you
know
that,
and
also
want
to
make
the
case
to
you
that,
since
you
said
you're
going
to
shut
it
down
and
have
no
plans
to
open
it,
that
the
smart
thing
to
do
here
would
be
to
say
we're
prepared
to
put
that
in
writing
and
negotiate
an
agreement
with
the
county.
That
says
the
end,
we're
done
and
take
this
out
of
your
use
permit
so
that
my
sometimes
skeptical
constituents,
don't
have
to
wonder,
is
this
for
real?
B
Is
this
going
to
last
and
if
we
could
get
such
an
agreement
in
relatively
short
order
by
which
I
mean
the
next
three
months?
It's
then
I
would
be
prepared
to
provide
a
little
time
out
on
the
activity
at
the
Planning
Commission,
so
that
the
folks
at
Lehigh
could
sit
down
with
the
folks
at
our
County,
our
planning
department
and
our
County
council's
office
and
negotiate
all
of
the
many
other
complex
parts
of
untangling.
This
operation,
please
bear
in
mind.
B
The
cement
plan
has
been
operating
for
80
plus
years
the
quarry's
been
operating
for
more
than
a
century.
It's
3
500
Acres.
It's
not
all
going
to
get
sorted
in
the
next
day
next
week,
next
month
or
next
year.
But
the
thing
I
want
to
make
sure
we
grab,
while
the
grabbing
is
good,
is
a
firm
commitment
that
the
plant
is
shut
down
because
I
think
that
is
the
key
to
making
the
rest
of
it
all
happen.
I'm
glad
I
went
to
Dallas
I
hadn't
been
in
30
years,
and
the
meetings
were
good.
B
I
came
back
with
a
cold,
unfortunately,
and
such
is
life,
but
it
was
a
good
conversation
and
I
know
you'll
hear
a
little
bit
more
about
that
this
evening,
but
that
is
sort
of
where
things
stand.
As
a
result,
my
board
colleagues
were
willing
to
provide
the
direction
I
just
suggested.
So
on
Tuesday
of
just
this
past
week
we
took
the
formal
action
to
direct
the
staff
to
try
and
negotiate
such
an
agreement
with
Lehigh.
B
We
also,
coincidentally,
directed
our
staff
to
please
work
with
the
city
of
Cupertino
to
make
sure
that
everybody
is
on
the
same
page,
because
there
is
that
big
chunk
of
the
property
that
is
in
Cupertino,
and
it
has
a
particular
relevance
that
I'll
describe
in
just
a
few
minutes.
So,
as
I
said
I
after
all
these
years,
wrestling
with
this
one
I
think
I
can.
Finally,
just
summarize
it
by
saying
I
got
three
goals:
close
the
Lehigh
cement
plant,
stop
the
mining
activity
in
the
Quarry
and
begin
the
restoration
and
Reclamation
of
the
property.
B
Those
are
the
the
three
goals
now
before
we
finally
get
started
here,
and
thank
you
for
your
patience
with
all
that.
I
do
want
to
thank
the
city
of
Cupertino
for
hosting
us
again
this
evening,
which
they
have
done
every
year
and
really
appreciate
it.
Always
gracious,
hosts
and
very
helpful
and
I
understand
they
provide
the
drinks.
Christina.
Is
that?
No
yes,
no
okay
come
on
up
you're,
always
a
welcome
guest.
B
So
thank
you
to
the
city
of
Cupertino
no
worries
and
we
have
held
it
here
because
I
think
the
more
we
can
do
out
in
the
community.
The
better
I
think
expecting
people
to
make
their
way
at
rush
hour
to
70
West
heding
Street
in
San.
Jose
is
not
ideal.
I'll
put
it
that
way,
and
so
we
really
do
appreciate
the
fact
that
the
city
accommodates
us
here
year
after
year
after
year,
in
a
place
that
is
relatively
convenient
and
accessible
for
folks.
B
I
also
want
to
recognize
some
of
the
elected
officials
who
have
rsvp'd
and
who
I
see
present
here
and
thank
them
for
their
representation
here
tonight,
and
let
me
just
make
sure,
and
if
I
miss
you,
which
is
always
the
risk
I'm
going
to
ask
that
you
stand,
raise
your
hand
and
announce
who
you
are
in
your
jurisdiction,
but
I
know
I,
see
from
Cupertino
mayor
hung
Wei,
who
is
here
and
I,
also
see
vice
mayor
Sheila
Mohan.
Thank
you,
madam
vice
mayor
and
I'm.
B
Pretty
sure
I
saw
council
member
Liang,
Chow
Wesley
yang
no
thought
I
saw
her
I
knew
she
was
hoping
to
come
and
kitty.
Moore
is
right
here
also
from
Cupertino
Los
Altos,
the
mayor,
Sally
Meadows
is
participating
virtually
and
but
we
do
have
council
member
Lynette
Lee
Eng.
Who
was
right
here
in
front
of
me
there
you
are.
Thank
you
all
right.
Thank
you,
councilmember
for
being
here,
Nissa
fleiger,
who
is
here,
and
we
always
have
to
say
Nisa
rhymes,
with
Lisa
flyger
rhymes
with
tiger.
B
That's
how
you
know
how
to
pronounce
her
name
properly
from
Los,
Gatos
I,
know
we're
hoping
to
get
a
couple
of
the
council
members
for
either
of
them.
I
met
earlier
today
with
mayor
ristow
and
some
others
from
the
West
Valley,
so
she's
fully
up
to
speed
and
engaged
as
well
from
Monte
Sereno,
council,
member
Rowena,
Turner
council
member.
Thank
you
for
being
here
from
Saratoga.
B
I
saw
council
member
Tina
willier
right
here
in
the
front.
Thank
you
for
being
here
and
also
Vice
Marianne
Zhao
former
mayor
as
well,
and
we
may
be
joined
by
mayor
cookie
Fitzsimmons.
But
again
she
was
part
of
an
earlier
conversation.
We
had
today
so
she's
up
to
speed
and
knows:
what's
what
I
want
to
thank
them
all
for
the
time
that
they
gave
was
council
member
Linda
cell
able
to
join
us
there?
You
are
in
the
back.
Thank
you
for
being
here,
council
member
from
Sunnyvale
and
from
mid
Peninsula.
B
We
have
director
Kurt
riffle,
who
is
joining
us
virtually
and
I
know
that
eureko
Kishimoto
was
hoping
to
make
the
meeting,
but
I
don't
see
her
in
the
room.
But
again,
midpen
has
been
a
key
partner
in
all
this
Zach
contini
from
a
state
senator
Dave
Cortez's
office
Zach.
Where
are
you
there?
You
are
thank
you
for
being
here
on
behalf
of
senator
cortezi,
who
is
familiar
with
these
issues
because
he
previously
served
on
the
Board
of
Supervisors.
B
So
he
knows
what
the
Lehigh
cement
plant
is
and
where
it
is,
and
then
last
but
not
least,
Tom
Pike
who's,
the
district
director
for
Congressman
rocana.
Thank
you
for
being
here
Tom
and
thank
the
Congress.
Please
for
his
engagement
and
sharing
you
with
us
this
evening
now
did
I
leave
any
of
the
elected
officials
out.
Yes,
I
did
you
don't
want
to
leave
out
the
mayor
of
Los
Altos
Hills
when
it's
one
of
your
nine
cities
and
that
is
Mayor
Linda
Swan
from
Los
Altos
Hills?
Thank
you,
madam
mayor
I.
B
Don't
know
how
I
missed
you
right
in
my
line
of
sight
in
the
front
row
on
the
corner,
but
somehow
I
managed
to
do
that
anyone
else
and
in
the
back?
Yes,
oh
Lydia
KU.
Thank
you,
Lydia
sorry,
Lydia
Lydia
KU
from
Palo
Alto,
who
is
the
mayor
there
and
I
mentioned
earlier.
That
often
folks
are
surprised
that
there
is
in
fact
a
chunk
of
the
3
500
Acres,
that
is
at
one
end
of
the
property
that
is
in
Palo
Alto,
given
Palo
alto's
geography.
B
So
thank
you
all
for
being
here
again
and
I.
Thank
all
of
you
who
joined
us
for
the
conversation
tonight,
and
the
last
thing
I
will
say,
is
if
you're
wondering
how
this
conversation
is
going
to
unfold.
Now
that
we're
sort
of
well
and
truly
in
it,
it
will
be
a
little
bit
different
than
in
the
past,
because
this
year
we
have
people
attending,
as
I
said
both
virtually
and
in
person.
Typically,
this
room
would
be
full
tonight.
B
A
lot
of
these
folks
are
sitting
at
home
and
their
bunny
slippers,
presumably
watching
the
the
session
and
if
you're
here
in
person
and
would
like
to
ask
a
question
of
the
panel,
you
can
write
your
question
on
one
of
the
cards:
we've
provided
and
hand
it
to
any
one
of
the
folks
from
my
office.
So
if
you
see
Christina
loquist
here
or
Killian
there
or
Kelsey
in
the
back,
thank
you.
B
If
you
just
raise
your
card,
they
will
come
and
get
it
put
it
in
the
queue
and
the
as
I
say
there
should
have
been
a
card
on
everybody's
seat
if
there
wasn't,
for
any
reason,
just
raise
your
hand,
and
somebody
will
bring
you
one
and
if
you're
joining
us
online
and
I
know
there
are
folks
out
there
joining
us
online.
You
can
type
a
question
into
the
Q,
a
function
again
type
a
question
into
the
Q.
B
A
function,
and
one
of
the
folks
from
my
office
will
get
me
that
question
as
well
and
I
should
say
we
will
not.
For
those
of
you
online.
We
will
not
be
using
the
raised
hand
function.
So
it's
the
Q
a
function.
If
you
would
like
to
be
in
touch
also
I
know,
a
number
of
you
have
submitted
questions
in
advance.
Thank
you.
B
We
will
adjourn
promptly
at
8
30
so
that
everyone
can
get
a
decent
night's
sleep
and
finally,
I
should
mention
that
tonight's
meeting
is
being
recorded
and
will
be
made
available
to
the
public
on
our
website.
My
office's
website
in
the
next
day,
or
so
it
usually
is
a
pretty
quick
turnaround
and
that's
supervisorsimidian.org
supervisor
simidian.org.
Okay,
let's
get
to
it
first
I
want
to
thank
our
panelists
for
joining
us,
we're
clearly
Beyond
normal
business
hours.
For
folks
and
I
appreciate
your
attendance
truly
and
I
know.
B
The
community
does
as
well
from
past
meetings
that
we've
had,
especially
since
we're
back
to
an
in-person
format
and,
as
you
see,
these
folks
are
right
here
with
us
and
I
also
know
some
of
you
have
had
to
travel
considerable
distances
and
will
be
traveling
considerable
distances
to
get
home
panel
members
when
I
come
to
you
please
briefly,
introduce
yourself
as
I
said
then
tell
us
your
name,
your
agency's
name,
so
I
might
say:
hi
I'm,
Joe,
simidian
I'm
with
the
county
of
Santa
Clara,
and
then
give
us
a
brief
overview
of
what
you
regulate
at
Lehigh.
B
What
is
your
regulatory
function
and
then,
as
I
say,
I
will
have
a
question
or
two
for
all
of
you
to
get
us
started,
we'll
work
our
way
through
the
entire
panel
and
we're
going
to
start
with
the
Bay
Area
Air
Quality
Management
District,
to
befall
then
by
the
regional
water
quality
control
board.
So,
let's
start
with
folks
from
the
the
air
district
and
I
was
prepared
for
Ms
Leong
and
Mr
nudd.
Who
do
we
have.
B
E
And
I'm
Greg
Nutt
I'm,
the
deputy
for
policy
at
the
air
district
and
the
air
district
has
authority
over
the
air
pollution
emissions
at
the
cement
plant
and
a
lot
of
really
the
most
active
work.
That's
going
on
has
been
in
Pam
shop,
so
she'll
lead
us
off
with
an
with
an
update.
If
that's
all
right
with
you
supervisors,
please.
B
First,
question,
though,
is
as
I
shared
earlier:
we've
we've
heard
that
the
cement
plan
has
been
shuttered
since
April,
2020
and
I.
Think
folks
here
are
probably
wondering
if
Lehigh
wanted
to
restart
operations
tomorrow.
If
they
said,
okay,
we've
changed
our
minds
again.
If
they
had.
If
they
wanted
to
restart
operations
tomorrow,
would
they
have
to
go
through
any
sort
of
review
with
the
air
board
or
could
they
just
restart
operations?
So,
what's
the
state
of
play.
D
Okay,
as
you
mentioned,
they've
been
shut
down,
the
main
sources
of
the
facility
have
been
shut
down.
That's
the
cement
Kiln,
the
clinker
cooler
and
the
four
Mills
have
been
shut
down
since
April
2020.
They
had
maintained
their
permits
to
operate
until
last
year,
so
they
just
gave
up
their
permits,
effective,
May,
31st
2022,
and
what
that
means
is
you
fill
out
a
form?
D
You
say
you're
not
going
to
operate
it
anymore
and
we
we
close
it
out
in
our
system,
and
it
says
if
you
cannot
operate
those
again
without
reapplying
for
a
new
permit,
so
they
cannot
restart
those.
They
would
have
to
reapply
for
a
new
permit
and
they
would
be
subject
to
the
newer,
stringent
regulations
that
we
have
on
the
book
books
and
that
would
include
best
available
control
technology
for
those
pieces
of
equipment.
Let.
B
Me
just
interrupt
myself
and
I
told
the
panelists
I
would
feel
free
to
interrupt
them,
so
they
they
are
well
prepared.
That's
kind
of
a
big
deal,
so
I
don't
want
us
to
gloss
over
it.
What
I
just
heard
you
tell
everyone
and
I'm
going
to
translate
it
into
the
simplest
and,
if
I,
oversimplify
you'll
correct
me
simplest
possible
language
is
if
they
wanted
to
start
up
again.
They'd
need
a
new
permit
if
they
got
wanted
to
get
a
new
permit.
B
D
That's
correct
so
remember
it's
for
the
cement
Kiln,
the
clinker
cooler
in
the
four
Mills,
but
those
are
the
main
you
know
pieces
of
the
the
production
there
at
the
facility.
Okay,.
D
Yeah,
so
they
they
mine
it
and
they
you
know
heat
it
up
and
grind
it
and
it's
used
to
make
Portland
cement.
So
they
still
have
some
clinker
on
site.
So
we
have
to
contact
the
plant
figure
out
how
they're
going
to
whether
they're
going
to
process
that
or
if
they're,
going
to
take
that
off
site,
but
they
also
have
a
rock
plant.
That's
an
aggregate
plant
so
at
the
aggregate
plant
I
have
all
the
details.
D
At
the
what
we
call
the
Rock
plant,
they
continue
to
operate
that
and
what
they're
doing
is
they're
they
process
aggregate.
So
they
have
Crushers
screens,
conveyors
and
storage
piles,
and
so
they
have
Haul
trucks
and
front
loaders
that
transport
materials
to
and
from
the
rock
plant
and
delivering
customer
trucks
go
get.
The
aggregate,
for
you
know
their
yard
things
like
that,
so
they
still
are
operating
the
aggregate
plant.
E
And
and
other
kind
of
dust
sources
at
the
site,
dust
kicked
up
by
the
trucks.
That
sort
of
thing
would
also
continue
to
fall
under
our
regulatory.
B
So
I'm
gonna
try
and
put
words
in
your
mouth
and,
if
you
don't
want
to,
let
me
you'll
tell
me
so.
In
other
words,
even
though
the
Kiln
is
shut
down,
there
is
still
activity
on
the
site
that
activity
still
has
implications
for
air
quality
and
because
it
still
has
implications
for
air
quality.
You
are
still
on
the
job
providing
regulatory
oversight.
Yes,
that.
B
B
It's
your
name:
I
was
telling
Mr
Roberson
earlier,
I
have
been
submitting
my
whole
life,
but
I've
also
been
submission.
Semiten
submit
attain
and
the
only
time
I
took
offense
was
when
somebody
called
me:
Senator
stupidian,
which
I
was
pretty
sure,
was
not
an
accident.
So
Mr
Roberson
I
want
to
get
your
name
right.
Yours
in
Ms
Watkins.
B
They
are
with
us
from
the
San
Francisco
Bay
Regional
water
quality
control
board,
so
we're
underwater
and
I
just
I
would
ask
you
all
to
share
your
roles
at
the
regional
water
quality
control
board,
the
scope
of
your
regulatory
Authority
for
your
agency
and
then
I
will
have
a
specific
question
or
two.
F
Okay,
can
you
hear
me?
Okay,
my
name
is
Keith
Roberson,
as
he
said:
I'm
the
land
disposal
program
manager
for
the
San,
Francisco
Bay,
Regional
water
board.
We
oversee
or
I
I
manage
a
group
of
five
full-time
people.
We
oversee
all
of
the
landfills
within
the
San
Francisco
Bay
Region,
and
there
are
a
lot
of
them.
We
all
the
active
ones
as
well
as
all
the
closed
landfills
you're,
probably
wondering
what
does
that
have
to
do
with
Lehigh.
F
We
regulate
landfills
as
they're
called
land
disposal
sites
and
there's
a
body
of
California
regulations
called
title
27
that
regulates
disposal
to
land
and
that
set
of
regulations
also
includes
waste
rock
piles
from
mining
operations
and
you're,
probably
aware
there
are.
There
are
quite
a
few
mines,
most
of
which
are
abandoned
in
the
Bay
Area
a
lot
of
mercury
mines,
but
we
we
regulate
the
waste
rock
piles
at
the
Lehigh
facility
under
what
we
call
Waste
discharge
requirements
or
an
order.
F
We
we
regulate
water
quality
under
the
waste
discharge
requirements
order,
because
waste
rock
piles
have
a
potential
to
impact
water
quality.
I'll
also
add
that
we
we
regulate
surface
water,
stormwater
runoff
as
well
as
impacts
to
groundwater
at
the
Lehigh
facility,
turn
it
over
to
my
supervisor,
Jessica
good.
G
Evening,
my
name
is
Jessica
Watkins
I'm,
our
manager,
manager
of
the
groundwater
protection
and
waste
containment
division
at
the
regional
water
board.
So
we
are
one
of
five
divisions
at
the
water
board
and
we
protect
water
quality
in
the
nine
Bay
Area
Counties
and
in
addition
to
the
groundwater
protection
division
being
involved.
With
this,
we
also
have
our
Watershed
division.
They
would
be
involved
with
any
work
in
Creeks
or
restoration.
That's
going
on.
G
We
also
have
our
mpds
and
that's
mpds
Wastewater
and
enforcement
Division,
and
they
would
be
involved
with
regulating
in
a
surface
or
storm
water
discharges
to
Permanente,
Creek
and
I'm
I'm.
Currently,
the
division
manager
I've
been
in
that
role
for
less
than
a
year.
Prior
to
that,
I
was
a
supervisor
in
our
mpds
Wastewater
and
enforcement
division.
G
G
B
It
thank
you
for
that
and
and
I
think.
You
know
that
we
are
anticipating
the
submission
of
an
amendment
to
Lehigh's
Reclamation
plan.
They
have
not
moved
forward
on
the
2019
plan.
We
expect
a
new
set
of
proposed
amendments,
I
think
literally
in
the
next
month
or
two.
If
they
stay
on
schedule
and
the
current
plan,
the
one
that's
in
place
calls
for
using
what's
called
overburden.
B
You
and
I
might
call
it
leftovers
for
the
purpose
of
refilling
the
pit
big
hole
in
the
ground
stuff
sitting
by
the
big
hole
in
the
ground
called
overburden
I
call
it
leftovers.
So
the
current
plan
calls
for
using
that
overburden
to
refill
the
pit
and
when
the
folks
at
Lehigh
submitted
a
proposed
amendment
in
2019,
they
signaled
an
interest
in
substituting
what
they
described
as
clean
fill,
rather
than
using
the
overburden
as
the
material
to
backfill
the
pit.
B
B
You
know.
Is
there
a
sort
of
a
high
level
overview?
You
can
give
us
about
how
you
go
about
evaluating
what
to
allow
and
with
what
kind
of
conditions
when
it
comes
to
this
question
about
backfilling
the
large
holes
in
the
ground,
the
big
pit,
that's
there.
So
what?
What
does
that
conversation
look
like
in
the
future?
If
you
get
such
a
request.
F
In
some
ways,
the
material
that
came
out
of
the
pit
seems
like
the
perfect,
perfect
material
to
use
to
refill
the
pit,
just
put
it
back
where
it
came
from
the
waste
rock.
As
I
mentioned
earlier,
it's
in
two
large
piles,
which
we
call
the
East
material
storage
area,
the
West
material
storage
area,
they're,
very
big
mounds
of
as
supervisor
submittian
said,
overburden
or
it's
waste
rock.
F
It's
it's
the
the
material
that
was
not
of
significant
value
to
the
cement
making
process
when
they
were
quarrying,
the
when
they
were
operating
the
Quarry,
the
material
they
were
trying
to
get
at
is
limestone.
That's
what
had
value
the
Limestone
that
came
out
of
the
pit
is
largely
gone
because
you
know
it
was
used
in
the
processing
of
cement
and
also
crushed
rock
and
that's
largely
left.
The
site.
What's
left
over
is
the
material
that
that's
really
just
waste
rock
and
in
in
the
water
board's
opinion.
F
We
we
would
very
much
like
to
see
that
go
back
into
the
pit.
There
are
some
things
to
be
concerned
about
that
rock
has
been
pulverized
it's
in
smaller
pieces.
It's
not
intact
Bedrock
the
way
it
was
when
it
was.
You
know
before
the
quarrying
occurred,
so
we
have
to
be
concerned
about
the
greater
surface
area
of
the
of
the
waste
rock
and
and
certain
constituents
that
are
within
the
rock,
like
metals
metalloids
like
selenium,
we
want.
F
F
So
it
seems
to
me
like
there
probably
will
have
to
be
some
importation
of
fill
from
outside
the
facility,
based
on
the
most
recent
conversations
I've
had
with
the
Lehigh
folks,
I
think
that's
what
they're,
considering
doing
but
I'm
eagerly
awaiting
the
the
amended
Reclamation
plan
to
see
see
what
the
the
most
recent
proposed
proposal
is.
B
And
Mr
Roberson
just
to
follow
up
on
that.
Presumably
then
somebody
has
to
figure
out
whether
the
stuff
they
want
to
put
back
in
the
big
hole
in
the
ground
is
safe
and
somebody
would
also
have
to
figure
out
if
they
wanted
to
bring
in
new
fill
whether
it
was
safe
from
a
water
quality
standpoint.
Yes,
absolutely.
F
Yeah,
if
Phil
is
imported,
Lehigh
would
have
to
submit
a
plan
that
would
have
to
be
approved
by
our
agency
that
describes
the
process
of
of
how
import
feels
sources
will
be
identified,
how
they'll
be
screen
screened
for
suitability,
they'll
have
to
do
sampling
and
Analysis
of
of
any
material,
that's
imported
to
the
site,
and
we
would
have
to
approve
that
material.
We
we
have
experience
with
this
in
other
sites,
so
it's
not
the
first
time.
We've
done
this
there's
a
quarry
called
the
Dumbarton
Quarry.
F
B
B
Thank
you
for
that.
So
now
I
was
going
to
say
at
the
risk
of
staying
the
obvious,
but
let
me
just
State
the
obvious.
We
all
know
we've
had
heavy
rains
this
winter.
So
let
me
ask
the
folks
from
the
regional
water
quality
control
board,
have
there
been
any
water
quality
issues
or
violations
in
the
last
year
at
Lehigh
that
you
can
share
with
the
public
tonight
in
part
related
to
the
heavy
rains,
which
has
obviously
made
things
a
little
different
on
site.
G
G
G
So
in
April
of
last
year
there
was
an
effluent
limit
violation
at
one
of
the
stormwater
outfalls,
and
what
that
basically
means
is
that
the
stormwater
is
discharged
to
the
creek
and
it
needs
to
meet
certain
standards
for
different
chemicals,
have
certain
concentrations
and
one
of
the
the
the
average
monthly
settleable
solids
effluent
limit
was
violated,
and
that
was
for
the
average
for
the
month,
and
so
that
is
actually
subject
to
a
mandatory
minimum
penalty
of
at
least
three
thousand
dollars,
and
then
that's
just
the
minimum
that
our
board
is
required
by
law
to
consider
so
that
happened
in
April
enforcement,
for
that
is
pending
in
July
29th
of
2022.
G
There
was
actually
for
either
29
or
30
days.
I,
don't
really
know
the
details,
but
let's
say
for
about
30
days,
starting
in
July
to
August.
There
was
a
15
million
gallon
drinking
water
spill
to
Permanente
Creek,
and
for
those
of
you
who
might
not
yet
know
that
drinking
water
has
chlorine
in
it
and
that's
acutely
toxic
to
fish.
So
that's
why
it's
an
issue
to
be
discharged
to
Permanente
Creek.
So
that
is
something
that
we
are
thinking
about,
and
enforcement
is
also
pending.
G
For
that
the
reason
it
went
on
for
30
days,
because
Lehi
did
not
know
that
it
was
going
on.
The
freshwater
tank
is
in
I
believe
a
pretty
somewhat
remote
location
on
the
property,
and
so
they
didn't
know
it
was
happening
at
the
time,
but
when
they,
when
they
found
out
that
it
was
stopped
within
a
day.
G
So
there
were
chlorine
impacts
to
the
creek
that
occurred
during
the
summer
and
during
the
summer
they
don't
discharge.
So
there
were
really
low
either
lower,
no
flow
conditions
in
the
creek,
and
so
there
were
no
observed
impacts
to
fish
or
frogs
in
the
creek
at
that
time,
and
with
that
I'm
sure
there
might
be
lots
of
interest
in
that
topic,
but
I'll
pass
it
off
to
Keith.
F
Just
wanted
to
mention
that
there's
another
portion
of
the
site
where
a
landslide
occurred
I
want
to
say
it
was
in
20
2019,
but
I'm
not
certain
about
that,
but
it's
called
the
Jaeger
yard
and-
and
there
was
a
some
movement
of
Earth
that
went
down
into
the
direction
of
the
Permanente
Creek
and
Lehigh-
took
measures
corrective
actions
to
get
that
slope
stabilized.
There's
a
sedimentation
Pond
there
to
capture
stormwater
runoff
from
that
area.
F
We
we
were
concerned
how
that
slope
was
going
to
hold
up
during
this
rainy
winter,
and
it
is
my
understanding
that
there
was
an
at
least
one
incidence
of
storm
water
runoff
over
topping
the
sedimentation
Pond
and
going
into
the
creek.
So
that
would
be
a
release
of
storm
water.
If
there's
been
any
sediment
actually
reaching
the
creek
I'm,
not
really
sure
about
that.
It's
my
understanding
that
the
the
area
has
been
deemed
really
really
too
unsafe
to
go
out
and
and
do
anything
to
it
until
until
it
dries
out
a
bit.
H
B
H
Well,
thank
you
very
much
supervisor
smithian,
it's
a
pleasure
to
be
here.
My
name
is
Jeff
tick
I'm
with
Valley
Water
I'm,
the
senior
Water
Resources
specialist
as
part
of
the
groundwater
management
unit
there
at
Valley
Water
for
those
of
you
again,
unfamiliar
with
Valley
water
or
an
agency
that
provides
safe,
clean
water.
H
We
actively
manage
and
monitor
local
groundwater
basins
and
replenish
them
with
both
local
and
imported
surface
water
as
well
in
terms
of
Lehigh,
specifically
Valley
water
doesn't
oversee
any
of
Lehigh
operations,
as
the
regional
board
is
the
regulatory
authority
over
both
the
groundwater
and
surface
water
in
the
region.
However,
we
do
work
closely
with
the
Regulatory
Agencies,
as
well
as
land
use
agencies
and
other
stakeholders
to
protect
the
water
and
quality
and
provide
technical
assistance
when
needed.
B
Right,
let
me
say
thank
you
for
that
and
Mr
tick.
You
mentioned
impacts
to
groundwater
and
drinking
water,
which
are
top
of
mind
for
a
lot
of
the
folks.
I
talked
to
about
Lehigh,
so
I
believe.
If
I'm,
recalling
correctly,
there
are
some
groundwater
Wells
that
you
have
been
monitoring.
Can
you
update
us
on
any
findings
in
connection
with
those?
Yes,.
H
Certainly,
Valley
Water
analyzes
groundwater
quality
data
from
public
water
supply,
Wells
and
dedicated
monitoring
and
domestic
wells
in
the
groundwater
basins.
Beneath
the
valley
floor,
the
data
is
summarized
annually
and
available
on
our
website
at
valleywater.org.
So
you
can
find
many
details
under
the
kind
of
under
the
groundwater
link
there
under
that
web.
Page
specifically,
Lehigh
is
outside
of
the
groundwater
Basin
that
we
actively
manage
Lehigh,
sits
atop,
primarily
deformed
and
fractured
Bedrock.
H
So
there,
these
Trace
elements,
only
three
to
eight
percent
were
detected
of
400
samples
that
we
collected
and
of
those
that
were
detected
all
all
of
the
detections
fall
well
below
of
any
state
or
federal
levels.
H
H
So
with
that
the
groundwater
quality
and
the
water
supply
Wells
Downstream
of
Lehigh
show
high
water
quality,
they're
consistent
again
with
the
groundwater
quality,
that's
over
the
greater
portion
of
the
sub
basins
of
Santa,
Clara
Valley
as
well.
So
there's
nothing!
That's
outstanding
that
we
see
in
terms
of
the
groundwater
quality
just
from
the
public
water
supply
Wells
that
we
analyze.
B
Thank
you.
One
of
the
questions
that
has
come
up
from
time
to
time
is
one
that
I
think.
We
are
well
timed
to
ask
you
to
address,
because
it's
my
understanding
that
at
it's
meeting
on
March
29th
your
board's
water
storage,
exploratory
committee,
somebody
has
to
do
this
work.
Your
board's
water
storage,
exploratory
committee
received
a
report
from
Valley
Water
staff
about
the
feasibility
of
using
the
Lehigh
pit
as
a
potential
site
for
water
storage
at
some
point
in
the
future.
What
I?
What
I
would
call
a
reservoir?
H
H
The
overall
conclusion
was
that
there
would
be
a
small
water
supply
and
flood
control
benefit
and
that
the
cost
and
feasibility
and
chat
of
that
project
and
the
challenges
that
were
associated
far
outweigh
the
potential
benefits,
and
so,
as
it
stands,
this
Valley
Water
staff
recommended
that
no
further
evaluation
be
conducted
and
the
value
water
board
committee
agreed.
There
were
several
different
Alternatives
that
were
proposed.
H
B
Right,
thank
you
for
that.
Before
I
turn
to
our
host,
the
city
of
Cupertino
I
did
want
to
mention
that
I
am
now
aware
that
Senator
Becker's
office
state,
senator
Josh
Becker's
office
is
represented
online
because
Helen
Walter
from
the
Center's
office
is
there.
Thank
you
to
Senator
Becker's
office
and
also
Palo
alto's.
Vice
mayor
Greer,
stone
is
online,
so
thank
you
for
participating
virtually
as
well,
and
there
may
be
other
electors
who
are
participating
that
we
haven't
captured
yet,
but
really
a
wonderful
turnout.
Thank
you.
B
So
much
for
your
engagement
I
do
want
to
turn
to
our
host
the
city
of
Cupertino,
who
is
represented
tonight
by
the
city
city
manager,
Miss,
Pamela,
Wu,
Ms
Wu,
you
know,
I
was
going
to
say,
welcome
as
I
have
to
everybody
else,
but
I
can't
really
say
welcome
to
you,
since
this
is
your
home
base.
So
instead
I'll
just
say,
thank
you
again
for
opening
it
up
to
us
all
tonight.
B
Why
don't
you
go
ahead
and
introduce
yourself
a
little
bit
and
then
I
will
have
a
question
for
or
two
for
you
as
well
and
hang
on
we're
not
live
yet
for
some
reason,
let's
see.
I
Improvise
is
my
my
new
strategy
good
evening.
Thank
you
supervisor
smithian.
My
name
is
Pamela
Wu
City
Manager
for
city
of
Cupertino
welcome.
All
of
you
who
are
in
the
Community
Hall
with
us
and
those
who
are
online
and
also
council
members
from
our
neighboring
cities.
Mayor
way,
vice
mayor,
Mohan
and
council
member
Moore
joining
us
tonight
and
I
also
want
to
thank
supervisor
smithia
and
your
staff
in
partnership
in
what
city
of
Cupertino
in
hosting
the
eighth
annual
town
hall
meeting
here
in
Community
Hall.
I
Do
you
want
to
emphasize
that
this
session
is
being
recorded?
Not
only
it
will
be
uploaded
to
the
County
website
will
also
be
available
on
the
city's
website.
So
in
terms
of
the
regulatory
functions
for
city
of
Cupertino.
At
this
juncture,
the
city
has
limited
oversight
of
the
regulatory
functions
of
Lehigh.
However,
understanding
that
one
of
supervisor
smithians
referral
will
give
the
city
of
Cupertino
a
great
opportunity
to
work
with
County
staff
in
exploring
the
future
development
within
this
within
the
Lehigh
property.
I
There
are
a
number
of
properties
that
are
currently
within
City
proper,
a
greater
number
that
are
within
City
severe
influence.
We're
looking
forward
to
explore
a
policy
framework
with
both
County
in
determining
the
Corey's
future.
In
addition
to
that,
the
city
has
been
working
with
the
county
as
well
as
Lehigh
on
the
unpermitted
grading
that
occurred
some
time
ago.
Understanding
that
Lehigh
is
working
actively
with
both
City
and
the
county
in
abating
the
unpermitted
work.
B
B
It
was
designed
to
make
sure
that
the
property
owner
couldn't
sort
of
drive
a
wedge
between
the
two
organizations,
meaning
the
county
and
the
city.
It
was
also
designed
to
make
sure
that
the
property
owner
got
a
Clarity
of
message
that
if
the
two
organizations
were
working
collaboratively
understanding
and
respecting
the
proper
jurisdiction
of
each
that
that
way,
the
folks
at
Lehigh
would
get
a
clear
message
and
wouldn't
have
to
say,
wait.
A
minute.
B
I
thought
I
heard
one
thing
over
here:
thought
I
heard
another
thing
over
there,
but
again
also
just
to
make
sure
that
there
was
no
pitting
one
against
the
other
that
we
were
working
together
in
a
way
that
would
ensure
the
common
good
of
our
common
constituents.
So
thank
you
for
that
and
then
let
me
just
ask
Ms
way
any
other
any
other
matters
with
regard
to
the
site
that
the
city
is
tracking
particularly
closely
right
now
you
mentioned
the
grading.
B
All
right,
thank
you
for
that.
We
will
turn
now
to
our
County
council's
Office,
where
you'll
hear
from
Ms,
Pianka
and
Ms
vissers
I
would
call
them
Elizabeth
except
they're,
both
Elizabeth,
so
that
gets
confusing
I'm
going
to
ask
them
in
a
moment
to
introduce
themselves
and
have
a
couple
of
questions
for
them.
But
I
should
just
mention
to
the
panelists
we've
had
close
to
100
folks
join
us
online.
We
have
50
plus
here
so,
and
we're
recording,
obviously
for
subsequent
listeners.
B
So
you
know
150
folks
have
taken
time
out
to
get
deep
into
this
stuff,
which
is
I,
know
tough.
So
thank
you
to
all
of
you
and
thank
you
to
all
of
you
for
helping
to
inform
this
discussion.
Let
me
go
to
Ms
Bianca
and
Ms
vissers.
Why
don't
you
introduce
yourself
and
tell
folks
who
you
are
and
what
you
do
for
a
living.
J
Thank
you
good
evening.
My
name
is
Elizabeth
Pianka
I'm,
an
acting
assistant,
County
Council
in
the
office
of
the
County
Council
in
our
office,
provides
legal
support
to
the
regulatory
oversight
that
the
county
provides
to
Lehigh.
We
also
provide
legal
support
to
our
Board
of
Supervisors
with
respect
to
matters
relating
to
Lehigh.
J
B
Thank
you
very
much.
Let
me
start
with
you
Ms
Bianca.
Could
you
remind
all
of
us
the
significance
of
that
2011
vested
rights,
determination
which
I
mentioned
earlier,
because
I
saw
some
folks
looking
at
me
like
Joe,
you
said
it
three
times
and
I
still
don't
understand
what
you're
talking
about.
So,
let's
turn
to
you
certainly.
J
Well,
I
I
think
you
noted
the
significance
that
the
vested
rights
determination
concluded
that
there
are
certain
Parcels
on
the
Lehigh
Quarry
that
do
not
require
use
permit.
But
let
me
step
back
to
kind
of
how
we
got
to
the
vested
rights
determination.
So
as
supervisor
Midian
mentioned,
the
Lehigh
Quarry
is
approximately
3.
500
acres
and
Mining
operations
at
the
Quarry
started
around
1903,
and
that
was
before
the
county
had
an
adopted
zoning
ordinance.
J
If
you
have
an
existing
use
that
has
started
prior
to
the
adoption
of
regulations,
you
can
continue
to
operate
that
use
and
it's
considered
vested
and
so
in
2011,
to
kind
of
clear.
The
record
into
understand
which
of
the
parcels
at
Lehigh
were
in
fact
vested.
The
Board
of
Supervisors
held
a
vested
rights
hearing
and
determined
that
13
of
the
19
Parcels
that
make
up
the
Quarry
were
deemed
vested
and
did
not
require
a
use
permit
to
conduct
surface
mining
operations.
J
I
think
something
that
is
important
and
of
note
is
that
the
board's
2011
decision
was
determined
the
geographic
scope
of
the
vested
rights
for
Lehigh.
It
did
not
determine
really
the
the
the
amount
of
operations
that
can
occur
on
those
vested
parcels.
J
Also,
what's
important
about
the
2011
decision
is
it's
a
final
decision
of
the
Board
of
Supervisors
the
county
was
the
County's
action
was
challenged
in
late
2011
and
we
had
litigation
that
went
on
for
three
or
four
years
and
ultimately,
the
Court
ruled
in
favor
of
the
board's
determination
and
upheld
the
board's
determination.
So
it
was
considered
a
final
decision
by
the
county.
B
All
right,
thank
you
for
that.
Ms
visser's.
If
I
understand
the
division
of
labor
correctly
I
think
you
were
the
lead
on
responding
to
that
board:
referral
pulling
together
the
10-year
history
of
violations
on
the
site.
So
let
me
say
thank
you
for
that.
But
could
you
provide
all
of
us
with
a
sort
of
a
high
level
overview
of
the
findings
and
summarize
what
the
board's
Direction
was
in
response
to
the
report?
K
Including
those
that
are
up
here
with
me
and
collected
kind
of
the
10-year
history
of
violations
that
they
had
issued
to
Lehigh-
and
this
was
a
supervisor
so
Midian
mentioned
initially
a
combination
of
both
the
cement
plant
and
Quarry.
We
weren't,
dividing
and
figuring
out.
You
know
which
violation
is
from
a
cement
plan,
operation
in
which
may
be
from
a
quarry
operation.
K
A
little
over
30
from
the
air
quality
management
District,
who
you
heard
from
earlier
809
from
the
regional
water
board.
K
We
also
had
a
few
from
the
the
division
of
occupational
health
and
safety,
also
known
as
Cal
OSHA.
The
U.S
mine
safety
and
health
administration
had
issued
791.
K
For
that
10-year
period
we
were
examining
as
a
result
of
this
history
of
violations,
the
board
directed
County
Council
together
with
Administration,
meaning
the
planning
department
in
particular
to
do
two
things.
One
was
to
try
to
determine
which
violations
were
related
to
cement
plan
operations
and
which
were
related
to
query
operations.
K
So
we
came
back
in
December
and
divided
up
the
violations
to
the
extent
that
that's
possible
and
the
board
directed
County,
Council
and
administration
to
move
forward
with
bringing
to
the
Planning
Commission
for
a
public
hearing,
a
revocation
or
modification
hearing
for
the
cement
plant
use
permit
based
on
two
potential
findings.
One
was
that
that
Lehigh
had
violated
the
terms
of
its
cement
plant
use
permit
and
the
other
one
was
for
the
Planning
Commission
to
determine
if
the
operation
of
the
cement
plant
had
created
a
public
health
or
safety
nuisance.
B
K
B
I'm
going
to
say
thank
you
and
I'm
going
to
say
thank
you
for
covering
some
ground
that
I
covered
earlier,
because
I
think
this
goes
to
the
heart
of
where
we
are
and
what
comes
next,
and
it
was
helpful
to
hear
it
from
two
different
perspectives
and
two
different
voices
just
to
make
sure
that
everybody
knows
okay.
Where
are
we
in
this
exercise
and
what
are
the
next
steps?
So
then,
turning
now
to
environmental
health,
let
me
ask
Dr
Underwood
and
Mr
Pierce.
L
Good
evening,
Marilyn
Underwood,
director
of
environmental
health
I'm
relatively
new
to
this
position
in
this
County,
but
getting
up
to
speed
on
some
of
our
role
in
the
past
and
also
currently,
one
of
the
major
things
we've
done
in
the
past
and
currently
still
do
is
the
noise
ordinance
Community
noise
ordinance,
which
is
County
Wide,
but
also
has
been
applied
and
issued
notice
of
violations
related
to
the
Lehigh
site.
In
addition,
here
with
me,
tonight
is
Mickey
Pierce
who's
comes
and
I'll.
L
M
You
and
I'm
Mickey
Pierce
I'm,
with
county
of
Santa
Clara
Department
of
Environmental
Health
and
our
hazardous
materials
compliance
division.
M
Those
would
include
underground
storage
tanks,
the
generation
and
storage
disposal
of
hazardous
waste,
the
Hazardous
Materials
business
plan,
which
includes
submittals
of
inventories
and
emergency
information
for
Community
right
to
know
and
emergency
responders,
now,
I'm
going
to
forget
them
above
ground,
petroleum
storage,
Act,
on-site
treatment
of
hazardous
waste
and
the
California
accidental
release
program,
which
is
High
Hazard
or
large
quantities
of
materials
and
their
potential
impacts
and
off-sites.
It's
modeled
after
the
Federal
risk
management
program.
B
Let
me
go
back
to
Dr
Underwood,
though,
and
say
you
mentioned
in
passing
the
noise
monitoring
issue.
Could
you
remind
us
all
of
the
routine
noise
monitoring
that
the
county
does
at
Lehigh?
What
does
that
entail?
How
much
of
it
is
there?
Could
you
update
us
on
any
complaints
or
violations
related
to
noise
that
may
have
occurred
in
2022
this
past
year
and
Dr
Underwood
I
will
tell
you
that
in
years
past
noise
has
been
quite
a
topic
so
I'll
hand
it
off
to
you
at
this.
L
Point
I
understand
that
yeah
and
so
I'm
reading
the
history
and
and
been
talking
to
folks
that
have
been
involved
in
this
project.
Several
of
them
have
retired
recently,
so
those
of
us
are
trying
to
get
up
to
speed
on
it.
On
on
what
you've
experienced
in
the
past
and
I
did
from
reading
that,
obviously
understand
that
in
the
15
2015-16,
a
lot
of
work
with
effort
was
put
forth
and
working
with
Lehigh
to
affect
to
look
at
those
noise
impacts
because
we're
there
were
measurable
impacts
from
the
noise
again,
we
do
quarterly
monitoring.
L
We've
done
quarterly
monitoring
since
around
early
2016..
Before
that
there
was
some
more
investigative
monitoring.
We
also
respond
to
complaints
and
taking
complaints
continue
to
do
that.
We
issued
back
in
2016
and
17,
as
they
say
up
to
five
notice
of
violations
based
on
noise.
We
did.
We
continue
to
see
complaints,
but
we
did
not
issue
any
based
on
our
monitoring.
After
2017
we
did
get
complaints
in
in
2019
none
in
2020
and
again
this
may
coincide
with
the
the
closure
of
the
the
cement
plant.
L
B
Thank
you
very
much
and
Mr
Pierce.
As
you
mentioned,
your
group
oversees
storage
of
hazardous
materials
on
the
site,
could
you
remind
us
how
often
you're
out
there
and
what
you're?
Looking
for
when
you're
there.
M
Sure
we
have
a
stated
inspection
frequency
of
once
every
three
years
for
all
the
programs
I
talked
about,
except
for
the
underground
storage
tank
program.
For
that
program
we
are
out
annually
to
do
inspections
and
then,
while
we're
on
site,
what
we
try
to
do
is
give
a
comprehensive
inspection
that
covers
all
of
the
relevant
programs
at
each
area
because
of
the
size
and
the
complexity
of
the
plant.
M
Lehigh
has
sort
of
divided
itself
into
18
different
buildings
or
areas,
and
so,
when
we
visit
a
building
or
area,
we
will
attempt
to
do
a
full
inspection
of
all
the
different
programs
that
are
relevant
there.
So
we
would
do
look
at
the
storage
of
hazardous
materials,
the
storage
of
hazardous
waste,
any
rules
under
our
local
storage
ordinance,
including
things
like
secondary
containment.
Labeling.
M
During
that
single
inspection,
we
do
everything
from
on-site,
labeling,
storage,
containment
to
full
plan
review
for
the
above
ground
petroleum,
which
is
a
professional
engineered
certified
plan.
Talking
about
the
how
the
impacts
of
a
release
will
be
mitigated
or
diverted
or
prevented,
and
the
calarp
or
The
Accidental
release
program,
which
again
is
mitigating
or
stopping
preventing,
off-site
consequences
from
any
potential
release
of
a
high
Hazard
or
a
large
quantity
really
material.
M
M
Over
the
past
year,
things
have
been
pretty
good,
Prime
I
would
say
a
lot
of
that
is
because
of
the
shutdown
with
the
shutdown.
There
is
less
people
on
site,
less
processing,
less
chemical
usage
with
those
things
become,
comes
less
waste
generated,
so
less
chances
for
things
like
mislabeling,
a
drum
or
bucket
of
waste,
less
on-site
off-site
of
chemicals,
which
leads
to
things
like
Under
reporting.
M
So
with
the
Slowdown
and
activities
it's
brought
the
number
of
violations
down
quite
a
bit.
I
am
happy
to
I'm
happy
to
say
that
Lehigh
is
at
least
staying
on
top
of
things.
They
have
filed
all
of
their
hazardous
materials,
business
plans
for
all
18
areas
in
2023
in
as
they're
supposed
to
so
we're
happy
to
see
that
stone.
B
C
Thank
you
good
evening,
Lisa
McCall
and
the
deputy
director
for
the
Department
of
planning
and
development
at
the
county,
oversee
the
planning
services
division
at
the
at
the
department
as
well,
and
we
look
at
the
land
use
aspects
for
planning
at
the
county,
so
General
plan
conformance
and
zoning
ordinance
conformance,
which
includes
the
Samara
act
and
I,
won't
go
into
the
acronyms
I'll.
Let
Mr
Salisbury
go
into
that,
and
the
compliance
and
complexities
of
managing
a
quarry
at
a
local
level.
With
that
I'll
go
ahead
and
hand
it
over
to
Mr
Salisbury.
N
Thank
you
Miss
Mikhail,
my
name
is
Rob
Salisbury
I'm,
a
principal
planner
with
Santa
Clara,
County,
Department
of
planning
and
development
and
I
lead
the
team
that
administers
the
County's
surface
mining
and
Reclamation
Act
program.
That's
Samara,
we
inspect
Lehigh
on
a
monthly
basis
and
we
regulate
Lehigh
Corey
to
ensure
that
they're
operating
in
compliance
with
the
approved
2012
Reclamation
plan.
N
We
also
conduct
annual
inspections
of
Lehigh
Corey,
as
required
by
the
surface
mining
and
Reclamation
Act,
and
review
and
approve
Financial
Assurance
cost
estimates
to
ensure
that
the
county
has
access
to
the
funds
required
to
reclaim
the
Quarry.
Should
the
operator
be
financially
unable
to
do
so
themselves.
B
N
Amendment
certainly
I'd
be
happy
to
do
that.
So
Lehigh
still
operates
under
the
approved
2012
Reclamation
plan
Amendment.
We
expect
a
new
Reclamation
plan,
Amendment
application
from
Lehigh
in
mid-may
of
this
year.
This
revised
application
will
supersede
the
Reclamation
plan
Amendment,
which
Lehigh
submitted
in
2019,
but
which
was
never
brought
to
a
hearing
regarding
whether
the
county
can
compel
Lehigh
to
submit
an
application.
We
can
only
do
so
if
an
app
a
Reclamation
plan
amendment
is
required
to
correct
a
violation
of
Samara.
B
N
I
think
we
should
violation
in
in
2017,
partly
it's
been
because
it's
been
related
to
and
associated
with
or
potentially
associated
with,
Lehigh's
future
plans
which
have
been
in
flux,
and
that
area
was
included
in
the
2019
Amendment,
which
which
was
never
fully
processed
in,
in
order
to
prevent
any
additional
delays
and
for
other
reasons,
we
determined
that
the
appropriate
method
to
deal
with
that
violation
was
through
the
grading
abatement
application
as
I
mentioned,
and
that
serves
the
purpose
of
separating
that
issue
from
any
other
plans
that
Lehigh
might
put
forth
in
a
broader
Reclamation
plan
Amendment.
N
No,
we
have
not
the
last
violation
that
the
county
issued
to
Lehigh
was
in
2019,
and
that
was
for
unpremitted
discharge
of
sediment
into
Permanente
Creek,
with
some
of
the
other
panelists
here
referenced.
B
All
right,
thank
you
for
that.
I
should
have
mentioned
earlier
and
did
not
among
all
the
many
folks
that
you
see
who
are
here
participating.
We
were
also
joined
by
our
County
planning
director
Ms
Jacqueline
on
Channel
I,
want
to
thank
her
for
coming,
makes
a
long
day
for
all
of
us
and
Dr
Sarah
Redman
from
our
Public
Health
Department.
Thank
you
to
both
Miss
and
shano
and
to
Ms
Rudman
Dr
Rodman
for
being
with
us
tonight
as
well.
Just
so
you
know,
folks
are
engaged
and
attentive.
Now
we
finally
get
to
your
questions.
B
So
thank
you
for
your
patience,
but
I
was
hoping
that
those
sort
of
starter
questions
would
warm
everybody
up
and
also
cover
ground.
That,
in
our
experience,
is
the
basis
for
a
lot
of
questions
and
comments
we
get
at
our
office.
Let
me
start
with
County
Council,
and
there
is
a
question
from
a
member
of
the
public
who
wants
to
know,
has
Lehigh
violated
the
county,
Ridgeline
protection
ordinance
and
if
so,
what
was
the
punishment?
Ridgeline
protection,
ordinance.
N
J
Okay,
I
think
it's
on
now,
so
the
county
has
not
issued
a
notice
of
violation
for
any
violations
of
the
easement
I
think
that
what
we
can
conclude
is
that
the
height
of
the
Hill
Hilltop,
when
the
easement
was
granted
to
the
county
in
1972,
has
been
reduced
over
time
and
the
Ridgeline
protection
easement
effectively
was
a
mandate
that
the
height
of
the
hilltop
remains
at
a
certain
height.
J
I.
Think
that
the
challenge
we've
had
is
identifying
the
causation
of
the
reduction
of
the
the
height
of
the
hilltop
supervisor.
Simidian
mentioned
earlier
in
2021,
based
on
direction
from
the
Board
of
Supervisors
we
did
enter.
The
county
did
enter
into
an
agreement
with
mid
Peninsula
Regional,
open
space
district
and
that
agreement
kind
of
holistically
I
think
provides
more
more
thoughtful
kind
of
approach
in
terms
of
effectively
monitoring
the
height
of
that
Ridgeline.
B
B
Very
Adept
all
right,
then
we
also
have
a
question
for
County
Council,
which
is
what
does
the
agreement
with
mid
Peninsula
Regional,
open
space,
District
cover
and
Ms
Bianca.
You
just
referenced
this
a
little
bit.
So
if
you
could
flesh
it
out
a
little
bit
that
would
help
answer
the
question.
I
think:
okay,.
J
There
we
go
I
do
have
notes
on
this,
because
it's
been
over
a
year
since
I've
worked
on
it.
But
what
it
authorizes
mid
pen
to
do
is
to
conduct
inspections
of
the
easement
at
the
cost
of
midpen
for
the
purpose
of
determining
the
preservation
of
the
easement
height,
and
it
also
authorizes
the
county
or
Mid
Penn
to
enforce
any
specific
future
violations
of
the
easement.
J
And,
if
mid
pen
seeks
to
enforce
the
specific
violation
of
the
easement,
then
the
county
in
Mid
Penn
would
enter
into
what
we
called
in
a
separate
assignment
agreement
of
enforcement
rights.
For
that
specific
violation
subject
to
the
county,
either
indicating
no
intent
to
enforce
a
specific
violation.
J
Failing
to
pursue
enforcement
after
indicating
an
intent
to
enforce
or
not
responding
to
an
inquiry
from
mid
pen
to
enforce
each
under
the
agreement.
Each
specific
violation
would
be
recorded
with
the
Clerk
Recorder
and
would
be
terminated
upon
completion
of
the
for
enforcement
action
as
determined
by
Min
pen.
If
they
decided
not
to
proceed
so
I
think
a
good
way
of
thinking
about
the
agreement
is
that
it
until
2021
it
was
the
county
who
had
the
enforcement
rights
under
the
agreement.
J
J
So,
as
has
been
mentioned
by
the
planning
department
and
others,
what
we
have
in
place
for
the
portion
of
the
Lehigh
property
that
encompasses
the
Quarry
is
a
Reclamation
plan
and
that's
a
requirement
under
state
law
that
is
imposed
on
all
mining
operations.
That
requires,
when
the
mining
operation
closes,
to
reclaim
the
property
such
that
it's
not
left
as
effectively
a
scar
on
the
natural
landscape
for
purposes
of
Lehigh.
J
The
last
Reclamation
plan
was
approved
in
2012
and
the
current
end
use
is
open
space
for
that
Reclamation
plan,
although,
as
noted
it
may
be
amended
in
in
an
application
for
an
amendment
may
come
into
the
county
shortly.
J
B
K
Yes,
so
I
can't
I
know
that
they
have
paid
penalties
for
some
of
the
violations
covered
in
the
violation
report
that
came
from
some
of
these
other
agencies.
So
I
will
let
them
speak
to
those
violations
from
what
I
was
aware,
the
at
least
the
violations
that
I
covered
in
the
10
years-
I
Won't
Go
Back
further
than
that
I'm,
not
aware
of
penalties
having
been
paid
on
the
planning
department
violations.
K
Although
the
planning
department
can
correct
me
if
I'm
wrong
and
that
relates
to
there's
state
law
that
requires
the
county
to
provide
a
Corrections
period
before
penalties,
fines
may
be
imposed.
So
we
can't
say
here's
a
notice
of
violation
and
right
away
we're
issuing
you
a
fine.
We
have
to
provide
an
opportunity
to
address
the
violation
first
and
then,
if
they
fail
to
do
so.
At
that
point,
we
could
impose
a
fine.
J
The
short
answer
is
no,
so
the
vested
right
that
was
granted
was
for
a
quarry
surface
mining
operation.
I
do
think
the
the
answer,
though,
is
a
little
nuanced.
J
The
2011
vested
rights
determination
by
the
board
identified
the
geographic
scope
of
Lehigh's
vested
right,
but
didn't
identify
kind
of
the
intensity,
and-
and
there
is
really
the
county
in
2019
and
2020-
was
going
through
a
separate
test
to
determine
whether
the
proposed
new
quarine
activity
would
substantially
change
the
nature
of
the
vested
operation
or
impermissibly,
intensify
the
Quarry
operation,
ultimately
that
2019
application
has
been
suspended
so
that
that
review
was
never
completed.
But
that
would
be
the
test
we
would
apply
if
there
were
new
quarine
operations
proposed.
B
I
heard
a
couple
of
keywords:
I
want
to
stay
on
this
topic
for
just
a
minute,
because
it's
an
important
one
about
what
does
vested
rights
really
mean
I
heard
you
say,
intensify
or
change
uses
means
all
of
a
sudden
there's
a
new
conversation.
Yes
correct,
I'm
going
to
be
a
little
bit
silly
on
purpose.
To
try
and
underscore
this
vested
rights
sounds
pretty
absolute,
but,
for
example,
if
the
property
owner
came
and
said,
I'd
like
to
build
a
Bloomingdale's
on
the
site,
you'd
say
you
don't
have
a
vested
right
to
do
that.
That's.
B
B
B
That's
how
you
know
it's
my
district.
By
the
way
we
have
two
part
questions
in
our
district.
The
first
question
is
how
much
water
is
15
million
gallons
in
terms
of
the
like
the
amount
of
water
that
a
person
in
the
Bay
Area
might
use
per
year.
So
is
there
a
way
to
characterize
what
15
million
gallons
is
anybody.
G
B
B
G
C
B
Ms
Locust:
are
we
going
to
again
at
the
end
of
the
meeting,
indicate
that
we're
going
to
try
and
get
answers
to
all
of
these
questions,
even
if
we
don't
get
to
them
tonight,
put
those
answers
on
the
website
so
that
people
can
get
access
to
the
answer
to
their
questions,
and
so
for
those
of
you
who
are
saying
you
know,
time
is
running
and
we're
not
going
to
get
to
all
these
questions,
which
is
true,
we'll
try
to
get
to
all
of
them
online
and
we
tap
into
the
expertise
that
you
see
here
and
others
to
get
those
questions
answered
all
right.
B
B
N
N
However,
the
Reclamation
plan
by
itself
does
not
dictate
in
the
case
of
the
approved
plan
for
Lehigh,
does
not
dictate
specific
timing
for
when
activities
will
occur.
Typically
for
a
use
like
a
quarry
that
type
of
timing
and
requirements
would
be
contained
within
conditions
of
approvals
under
a
use
permit,
which
Lehigh
does
not
have
so.
C
N
Of
material
produced
by
that
quarry-
and
in
that
case,
if
a
query
were
determined
to
be
idle,
they
could
basically
have
the
site,
be
mothballed
for
up
to
15
years
and
at
the
end
of
that
15-year
period,
Corey
would
either
have
to
restart
their
operation
or,
at
that
time
proceed
to
full
Reclamation
of
the
site.
At
the
moment,
Lehigh
is
not
idle.
B
And,
as
you
hear
a
little
mumbling
in
the
crowd
here,
so
it
depends
on
your
definition
of
idol,
and
there
is
a
legal
definition
of
idol
that
you
are
obliged
to
consider.
Is
that
a
fair
summary
that
is
correct?
Okay,
related
the
question
for
planning
is
any
estimate
when
materials
processing
will
end
and
backfilling
the
pit
Will
begin.
N
B
N
The
the
same
answer
that
really
is
largely
going
to
be
dependent
upon
the
revised
plan
that
Lehigh
is
going
to
submit
and
whether
there
are
they
do
propose
to
continue
mining
activities
or
or
whether
they're
going
to
proceed
with
importing
material
or
proposing
to
import
material
to
backfill.
The
main
pit
I
can
say
that
they
are
relatively
close
to
being
able
to
start
work
on
restoration
of
Permanente
Creek.
N
That's
a
restoration
project
that
was
required
under
the
2012
Reclamation
plan
and
the
comment
period
for
the
eir
that
we
prepared
for
that
project
is
about
to
close
once
a
response
to
comments.
Before
that
eir
has
been
repaired,
prepared,
the
county
will
be
able
to
issue
the
requisite
grading
permit,
at
which
time
Lehigh
could,
after
getting
other
jurisdictional
permits,
they
could
begin
work
on
restoration
of
Permanente
Creek.
Thanks.
B
Mr
Sudbury
I'm,
going
to
say
to
the
public
who's
here
and
and
watching
and
I'm,
going
to
invite
anyone
and
everyone
on
the
panel
to
have
a
different
point
of
view,
if
you
like,
which
is
always
a
little
risky
in
my
position,
but
with
this
many
experts
to
me.
B
If
we
really
want
to
get
to
the
restoration
and
Reclamation,
we
need
to
nail
the.
In
my
judgment,
we
need
to
nail
down
the
plants
closed.
The
Quarry
activity
is
stopped
now,
let's
turn
our
attention
to
the
long-term
task,
which
is
indeed
a
long-term
task
of
site,
restoration
and
Reclamation.
So
that's
part
of
I,
just
I
want
folks
to
understand
my
thinking
in
pursuing
the
agenda
that
I'm
pursuing
I'm
going
to
get
the
name
of
the
movie
wrong
because
I
didn't
see
it,
but
I
think
it
was
called
something
like
everything
everywhere,
all
at
once.
B
I,
don't
think
that
works
very
well
for
this
particular
project.
I
think
we
have
to
be
clear
and
specific
about
what
our
goals
are
and
that's
why
I
keep
pounding
home
those
one,
two
three
goals,
because
I
think
you
got
to
do
number
one
and
number
two
to
get
to
the
good
place,
which
is
number
three
all
right.
B
B
N
As
far
as
we
know,
that
is
still
accurate.
We
we
do
have
monthly
meetings
with
Lehigh
and
their
staff
and
at
the
last
meeting,
Lehigh
indicated
to
us.
That
mid-may
was
still
the
time
frame
when
they
expect
to
submit
a
new
plan
and
as
far
as
when
the
public
can
view
it.
B
Okay,
so
Michelle,
forgive
me
because
I'm
going
to
be
repetitive
on
purpose,
when
the
plan
is
submitted,
which
ultimately
is
a
decision
that
Lehigh
and
Lehigh
makes
alone
UL
in
very
short
order,
make
sure
that
that
entire
document
is
publicly
available
online,
yes
correct
and
in
order
to
provide
comment,
there
will
be
an
environmental
review
process.
Yes,
absolutely!
Yes,
yeah!
You
don't
want
your
mic
to
go
dead
on
that
one
and.
A
B
And
that
environmental
review
process
will
entail
something
called
an
environmental
impact
report.
Yes,
yes,
and
before
that
document
is
issued,
there'll
be
something
called
a
draft
environmental
impact
report,
yes
correct,
and
that
will
give
everybody
anywhere
in
the
world
the
opportunity
to
offer
comment.
B
Yes,
yes,
and
following
those
comments,
the
professionals
who
are
preparing
the
environmental
impact
report
will
be
obliged
to
respond
to
the
comments,
so
that
folks
know
that
their
comments
were
received,
understood
and
acted
upon
in
some
way:
correct:
okay,
I,
just
you
know
not
everyone
in
the
room
is
an
eir
or
SQL
expert.
There
are
some
questions
for
me.
So
take
a
breath
what's
the
status
of
acquisition,
and
when
will
we
know
what
options
the
county
is
considering
I
would
say:
the
ball
is
in
Lehigh's
Court.
B
It
was
really
my
way
of
saying
it's
time
for
us
to
have
a
new
vision
for
the
site
and
I
think
whether
that
comes
about
by
County
acquisition,
which
is
a
challenge
given
the
cost
and
given
the
fact
that
Lehigh
is
the
property
owner
and
may
have
other
plans
in
mind
whether
that
happens
by
acquisition
or
by
some
other
set
of
alternative
uses
remains
to
be
seen.
I
I
am
not
I
should
be
very
clear.
I
am
not
focused
primarily
on
County
acquisition,
notwithstand.
B
C
B
Is
are,
is
the
county
or
the
state
or
city
is
going
to
buy
the
land?
What
would
the
sale
price
be?
B
I
don't
know
we'll
see,
is
the
answer
to
that
one
as
well.
This
one
says
the
proposal
seems
to
leave
the
door
open
for
a
revised
use
permit.
Under
what
conditions
would
you
allow
a
revised
permit.
B
B
If
people
didn't
like
the
action
that
the
Planning
Commission
provides
I
believe
that
decision
is
then
appealable
to
our
Board
of
Supervisors.
Yes,
so
there's
a
lot
happening
on
the
site.
I
often
get
people
who,
understandably-
and,
in
my
view
totally
appropriately,
say
well
what
about
this?
And
what
about
that?
And
what
about
this?
And
what
about
that?
B
To
which
I
usually
say
all
of
those
are
important
and
legitimate
issues,
but
again
I'm
focused
on
making
sure
we
don't
take
our
eye
off
the
prize,
which
is
getting
a
permanent,
legally
binding
commitment
through
the
use
permit
process
to
close
the
plant.
That's
the
goal,
so
what
else
happens
is
to
to
be
determined,
and
you
all
will
have
an
opportunity
to
weigh
in
on
that.
That
is
not
something
I'm
going
to
look
again
to
both
planning
and
the
County
Council.
That
is
not
something
that
could
or
would
be
revised
unilaterally
by
staff.
B
B
And
then
that's?
They
ran
out
of
paper,
so
barrier
Air,
Quality,
Management
District.
Anybody
have
an
opinion
or
a
point
of
view
or
some
information
about
this.
This
question
I'll
hand
it
to
you
I'm,
not
sure
that
it'll
give
you
any
more
clarity
than
I
did
yeah.
B
All
right,
we
will
follow
up
on
that
one
online
and
do
the
best
we
can
to
get
an
answer.
We've
got
somebody
else
who
says
I
did
some
research
as
part
of
Green
Building
work.
I,
do
I
understand
that
burning
Coke
to
bake
gypsum
again,
this
is
what
I
love
about.
My
district
I
understand
that
burning
Coke
to
bake
gypsum
not
only
emits
greenhouse
gases,
but
also
emits
a
significant
amount
of
mercury
into
the
atmosphere
and
that
the
Quarry
was
one
of
the
biggest
polluters
in
the
country.
Is
that
true?
B
E
Yeah
burning
Coke
is
not
good.
Burning,
Coke
is
about
the
coke
is
about
the
dirtiest
fuel.
You
can
burn
so
it's
dirtier
than
coal
and
there
are
a
fair
amount
of
heavy
metals
in
it.
The
amount
of
heavy
metals
and
the
type
of
heavy
metals
would
depend
on
where
you're
getting
the
Coke
and
it
can
vary.
I
can
say
with
some
confidence
that
it
it
was
among
the
biggest
polluters
in
the
air
District
jurisdiction.
Definitely
up
there
on
on
scale
with
with
an
oil
refinery
and.
B
E
There
was
a
national
settlement
to
which
the
air
District
was
a
party
as
well.
It
was
initiated
by
EPA
an
enforcement
action
on
some
violations
that
the
EPA
had
asserted
regarding
permitting,
and
we
were
a
party
to
that.
The
Department
of
Justice
tried
to
get
that
consent
decree
to
stay
in
place,
but
unfortunately,
the
judge
decided
since
the
plant
had
shut
down
the
consent
decree
was
no
longer
really
necessary.
E
B
E
So
I
can
tell
you
that
Air
District
staff
conduct
weekly
surveillance
patrols
of
the
facility
and
the
surrounding
areas,
one
of
the
things
that
is
likely
to
be
of
interest
to
the
folks
in
Cupertino,
especially
even
post
closure
of
the
plant,
as
we
get
into
hopefully
Reclamation.
Sometime
soon
is
we
are
looking
at
strengthening
our
dust.
B
E
Just
following
your
example,
if
you
could,
if
the
individual,
who
was
interested
in
participating
in
that,
could
send
their
contact
information
to
supervisor
submittian
staff,
the
staff
can
pass
those
on
to
us
and
then,
when
we
do,
our
Outreach
we'll
be
sure
and
include
them.
B
And
while
you're
volunteering,
the
staff
in
our
office
I'll
volunteer
them
as
well
by
asking
them
to.
Please
make
sure
that,
rather
than
wait
to
hear
from
people,
we
actually
take
the
opportunity
to
try
and
communicate
with
the
interested
parties
list,
which
is
a
list
that
we
have
of
I,
want
to
say,
150
to
200
folks,
these
days
that
this
opportunity
is
presenting
itself
and
we'll
share
it
with
that
group
and
they'll
share
it
through
their
networks.
As.
E
B
That
out
all
right,
thank
you,
I
I'm,
afraid
we
are
running
out
of
time,
I'm
keeping
my
eye
on
the
clock.
I
wanted
to
respect
our
8
30
p.m.
End
time.
So
at
this
point,
I
want
to
thank
the
panelists
once
again.
Panelists
your
presence
is
indispensable.
It's
crucial
to
the
success
of
the
evening
and
I
hope
that
folks,
who
are
physically
present
and
even
if
you're
at
home,
will
join
me
in
giving
them
what
I
think
is
a
well-deserved
Round
of
Applause
for
taking
the
time
to
be
here
tonight.
B
Thank
you
again
to
the
city
of
Cupertino,
for
hosting
us,
and
really
it
just
as
I
say,
makes
it
a
community
event
in
a
way
that
doing
it
at
the
County
Government
Center.
It
doesn't
always
lend
itself
to
want
to
thank
those
of
you
who
showed
up
tonight
either
in
person
or
virtually
for
your
interest
and
I
want
to
I
want
to
do
something.
I've,
never
done
before
so
I'm.
Going
to
ask
you
to
pause
for
just
a
moment.
Hold
that
thought.
B
I
want
to
thank
the
folks
at
Lehigh,
also
known
as
Heidelberg
materials,
for
engaging
in
an
important
discussion
right
now
with
the
county
about
the
future
of
this
site
and
for
making
the
commitment
that
they
have
made
to
shutter
the
cement
plant.
So
I
not
only
want
to
get
that
on
the
record
again,
you
may
have
noticed
how
I
managed
to
do
that,
but
I
also
want
to
say.
Thank
you.
I
am
hopeful
that
we
are
at
an
inflection
point
and
that
things
are
going
to
move
in
a
different
direction.
B
That
is
positive
for
all
parties
involved
in,
as
I
mentioned
at
the
outset
of
tonight's
conversation,
three
simple
goals:
close
the
cement
plant,
put
an
end
to
new
querying
activity
and,
let's
start
the
cleanup
and
restoration
of
the
site
at
the
earliest
possible
opportunity,
with
that
I
will
say
at
8,
30
sharp.
Thank
you
all
again
for
being
here.
Thank
you
for
all
the
good
work
you
do
all
year
round
and
thank
you
for
being
here
tonight.
Take
care
and
keep
letting
us
know.
What's
going
on,
we
will
get
to
questions
online.