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Searchable Packet 1-21-14Table of Contents Agenda..... ..............................3 Public Safety Commission annual update No written materials . . . . . . . . . . . . . . . . . . . . . . . . 9 Approve the December 17 City Council minutes A - Draft Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Accept Accounts Payable for period ending December 6, 2013 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 16 Accept Accounts Payable for period ending December 13, 2013 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 25 Accept Accounts Payable for period ending December 26, 2013 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 33 Accept the Annual Report for FY 2012 -13 A - FY 2012 -13 Annual Report . . . . . . . . . . . . . . . . . . 51 Consider reclassifying specific job assignments to a designated job title and increasing hourly rates for part -time employees Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 86 B - Part -time Salary Table . . . . . . . . . . . . . . . . . . . . . 88 C - Intern Salary Survey . . . . . . . . . . . . . . . . . . . . . . 90 Professional Construction and Public Works Inspection Services for the Apple Campus 2 project Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 A - Draft Agreement . . . . . . . . . . . . . . . . . . . . . . . . 93 Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 A - Draft Lease Agreement . . . . . . . . . . . . . . . . . . . . 106 Cooperative Agreement between the City of Cupertino and the City of Los Altos for Pavement Maintenance Work on Homestead Road from Foothill Expressway to Stevens Creek Bridge Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 A - Draft Cooperative Agreement . . . . . . . . . . . . . . . . . 121 Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 13 -107 Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 131 B - 2014 Weed Abatement Program . . . . . . . . . . . . . . . 133 C - Notice to Destroy Weeds and Program Schedule. . . . . . . 142 D - Letter to Property Owners . . . . . . . . . . . . . . . . . . . 144 E - Approved Resolution No. 13 -107 . . . . . . . . . . . . . . . 150 Long -Term Litter Reduction Plan for the City of Cupertino Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 1 A - City of Cupertino Long -Term Trash Load Reduction Plan and Assessment Strategy . . . . . . . . . . . . . . . . . . 155 Adoption of the Initial Study and Negative Declaration conducted by the City of San Jose for the regional model Polystyrene Foam Food Service Ware Ordinance and consideration of an Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 A - Draft Resolution . . . . . . . . . . . . . . . . . . . . . . . . 225 B - Draft Ordinance adding Chapter 9.15 to the Cupertino Municipal Code . . . . . . . . . . . . . . . . . . . . . 229 C - CEQA Initial Study and Negative Declaration for Countywide Polystyrene Foam Disposable Food Ware Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . .233 Stevens Creek Boulevard /Tantau Avenue and Stevens Creek Boulevard /Torre Avenue/Vista Drive traffic islands and turn restrictions Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 A - Consultant Traffic Study Report . . . . . . . . . . . . . . . . 469 B - Stevens Creek Blvd /Tantau Avenue Vicinity Proposed Improvements . . . . . . . . . . . . . . . . . . . . . 499 C - Stevens Creek Blvd/Torre Avenue/Vista Drive Proposed Improvements . . . . . . . . . . . . . . . . . . . . . 500 Santa Clara Valley Transportation Authority's (VTA's) State Route 85 Express Lane Project and consideration of writing a comment letter on the Project Draft Initial Study /Environmental Assessment Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501 E L9 Amended on January 16 to add Item No. 16A CUPERTINO AGENDA CUPERTINO CITY COUNCIL - SPECIAL MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, January 21, 2014 5:30 PM CITY COUNCIL MEETING ROLL CALL - 5:30 PM CLOSED SESSION 1. Subject: Conference with Legal Counsel - Initiation of litigation pursuant to subdivision (c) of Section 54956.9: One Case 2. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program PLEDGE OF ALLEGIANCE - 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Public Safety Commission annual update Recommended Action: Receive the update No written materials Page: No written materials in packet POSTPONEMENTS 3 Tuesday, January 21, 2014 Cupertino City Council ORAL COMMUNICATIONS 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. CONSENT CALENDAR Unless there are separate discussions and /or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 4. Subject: Approve the December 17 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 10 5. Subject: Accept Accounts Payable for period ending December 6, 2013 Recommended Action: Adopt Resolution No. 14 -109 accepting Accounts Payable for period ending December 6, 2013 A - Draft Resolution Page: 16 6. Subject: Accept Accounts Payable for period ending December 13, 2013 Recommended Action: Adopt Resolution No. 14 -110 accepting Accounts Payable for period ending December 13, 2013 A - Draft Resolution Page: 25 7. Subject: Accept Accounts Payable for period ending December 26, 2013 Recommended Action: Adopt Resolution No. 14 -111 accepting Accounts Payable for period ending December 26, 2013 A - Draft Resolution Page: 33 0 Tuesday, January 21, 2014 Cupertino City Council 8. Subject: Accept the Annual Report for FY 2012 -13 Recommended Action: Accept the report A - FY 2012 -13 Annual Report Page: 51 9. Subject: Consider reclassifying specific job assignments to a designated job title and increasing hourly rates for part -time employees Recommended Action: Adopt Resolution No. 14 -112 establishing new part -time classifications and increasing hourly rates for part -time employees Staff Report A - Draft Resolution B - Part -time Salary Table C - Intern Salary Survey Page: 83 10. Subject: Professional Construction and Public Works Inspection Services for the Apple Campus 2 project Recommended Action: Staff recommends that City Council authorize the City Manager to execute a Professional Services Agreement with 4Leaf, Inc. to provide construction and public works inspection services for the Apple Campus 2 project in the amount of $9,431,390 Staff Report A - Draft Agreement Page: 91 11. Subject: Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014 Recommended Action: Authorize the City Manager to execute a five -year lease agreement with the Coffee Society Staff Report A - Draft Lease Agreement Page: 105 12. Subject: Cooperative Agreement between the City of Cupertino and the City of Los Altos for Pavement Maintenance Work on Homestead Road from Foothill Expressway to Stevens Creek Bridge Recommended Action: Authorize the City Manager to execute the Cooperative Agreement between the City of Cupertino and the City of Los Altos on behalf of the City of Cupertino in substantially similar format to the attached draft agreement Staff Report A - Draft Cooperative Agreement Page: 119 5 Tuesday, January 21, 2014 SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS Cupertino City Council 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 13 -107 Recommended Action: Note objections and adopt Resolution No. 14 -113 ordering abatement of a public nuisance (weeds) Staff Report A - Draft Resolution B - 2014 Weed Abatement Program C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - A112roved Resolution No. 13 -107 Page: 129 14. Subject: Long -Term Litter Reduction Plan for the City of Cupertino Recommended Action: Approve and direct staff to budget for implementation of the City's long -term trash plan to achieve 70% reduction by July 2017, and "no visual impact equivalent" (formerly 100% reduction) by July 2022 Staff Report A - City of Cupertino Long -Term Trash Load Reduction Plan and Assessment Strategy Page: 152 15. Subject: Adoption of the Initial Study and Negative Declaration conducted by the City of San Jose for the regional model Polystyrene Foam Food Service Ware Ordinance and consideration of an Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance Recommended Action: 1) Adopt Resolution No. 14 -114 adopting the California Environmental Quality Act (CEQA) Negative Declaration; and 2) Conduct the first reading of Ordinance No. 14 -2116: "An Ordinance of the City Council of the City of Cupertino amending Title 9 of the Cupertino Municipal Code to add Chapter 9.15 to prohibit the use of polystyrene foam disposable food service ware by food vendors" 0 Tuesday, January 21, 2014 Cupertino City Council Staff Report A - Draft Resolution B - Draft Ordinance adding Chapter 9.15 to the Cupertino Municipal Code C - CEQA Initial Study and Negative Declaration for Countywide Pol3�sfyrene Foam Disposable Food Ware Ordinances Page: 223 16. Subject: Stevens Creek Boulevard /Tantau Avenue and Stevens Creek Boulevard /Torre Avenue/Vista Drive traffic islands and turn restrictions Recommended Action: Approve staff recommendation to include in the proposed FY 2014/15 Capital Improvement Program the following measures: 1) Remove the traffic island at the Stevens Creek Blvd. /Tantau Avenue intersection, including eliminating the southbound through movement prohibition, installing a gateway feature on Tantau Avenue, installing traffic circles at the Tantau Avenue /Loree Avenue and Judy Avenue /Loree Avenue intersections, and installing bulb -outs at the Stevens Creek Blvd. /Judy Avenue intersection; and 2) Retain the existing traffic island at the Stevens Creek Blvd. /Torre Avenue/Vista Drive intersection, install speed bumps along Vista Drive between Forest Avenue and Lazaneo Drive, and on Lazaneo Drive between Vista Drive and De Anza Blvd., and enhance the crosswalks at the Forest Avenue/Vista Drive intersection Staff Report A - Consultant Traffic Study Report B - Stevens Creek Blvd /Tantau Avenue Vicinity Proposed Improvements C - Stevens Creek Blvd /Torre Avenue/Vista Drive Proposed Improvements Page: 465 16A. Subject: Santa Clara Valley Transportation Authority's (VTA's) State Route 85 Express Lane Project and consideration of writing a comment letter on the Project Draft Initial Study /Environmental Assessment Recommended Action: Consider preparation of a comment letter to VTA on the State Route 85 Express Lane Project Draft Initial /Environmental Assessment Staff Report Page: 501 REPORTS BY COUNCIL AND STAFF ADJOURNMENT Adjourn to Monday, January 27 at 5:00 PM for commission interviews, City Hall Conference Room A, 10300 Torre Ave. Cupertino, CA 7 Tuesday, January 21, 2014 Cupertino City Council The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi - judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City's decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk's office for more information or go to http : / /www.cupertino.org /index.aspx ?page =125 for a reconsideration petition form. 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 of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda /minutes page on the Cupertino web site. CUPERTINO CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject: Public Safety Commission annual update. NO WRITTEN MATERIALS IN PACKET yr. t 9ss DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting Tuesday, December 17, 2013 CITY COUNCIL MEETING ROLL CALL At 6:00 p.m. Mayor Gilbert Wong called the City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CLOSED SESSION 1. Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiating Parties: Public Works Director and Jee Sung Lee; Under Negotiation: Price and terms 2. Subject: Conference with Real Property Negotiator (Gov't Code Section 54956.8); Property: 21111 Stevens Creek Boulevard, Cupertino, CA 95014; Negotiating Parties: Parks and Recreation Director and AT &T; Under Negotiation: Price and terms At 6:00 p.m. Council recessed to a closed session, and reconvened in open session at 6:54 p.m. Mayor Wong announced that for item number one, Council obtained a briefing, gave direction, and no action was taken. For item number two, Council obtained a briefing, gave direction, and no action was taken. PLEDGE OF ALLEGIANCE At 6:54 p.m. Mayor Gilbert Wong reconvened the City Council meeting in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. 10 Tuesday, December 17, 2013 ROLL CALL Cupertino City Council Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 3. Subject: Proclamation to Cupertino Librarian Nancy Howe recognizing her work for the Santa Clara County Library District Recommended Action: Present proclamation Mayor Wong presented the proclamation to Cupertino Librarian Nancy Howe. 4. Subject: Proclamation celebrating the 35th Anniversary of the Toyokawa, Japan and Cupertino, USA Sister City relationship Recommended Action: Present proclamation Mayor Wong noted that this item was postponed to a later Council meeting. 5. Subject: Proclamation to the Toyokawa Sister City Committee Recommended Action: Present proclamation Mayor Wong noted that this item was postponed to a later Council meeting. 6. Subject: Presentation of Fine Arts Commission Annual Report Recommended Action: Accept the report Fine Arts Commission Chair Rajeswari Mahalingam gave a PowerPoint presentation highlighting: Commission background, 2013 public art projects, 2013 Distinguished and Emerging Artist projects, current and future Fine Arts Commission projects. Council accepted the report. POSTPONEMENTS ORAL COMMUNICATIONS Kennedy Middle School students Brian Lee, Ninaad Sridharan, and Sameer Kapur talked about their First Lego League (FLL) robotics league tournament. They highlighted this year's challenge which focused on finding earthquake victims by using 11 Tuesday, December 17, 2013 Cupertino City Council a REXbox signal generator to send out signals to a REXeiver signal receiver application to locate the victims. Larry Tan asked to build a memorial monument commemorating the comfort women during World War II (WWII) whereby Asian women, called comfort women, were forced into prostitution. He said Memorial Park is a good place to establish a memorial monument since the park already commemorates past wars. Chris Zhang spoke on behalf of United Asian Americans for Activism (AAAFA) speaking out against racism. He said the group supports building a monument in Cupertino to memorialize comfort women, women used as objects during WWII. Allen Ho, Chairman of Alliance for Preserving the Truth of Japanese -Sino War (APTSJW), said comfort women had a terrible history during the Japanese war and young women were forced to be prostitutes, and asked to build a memorial for them. David Tsang expressed support for the recommendation to build a memorial to comfort women. He said he witnessed Congressman Mike Honda support the passage of United States House of Representatives House Resolution No. 121 to ask that the Japanese government acknowledge and apologize for comfort women. CONSENT CALENDAR Mahoney moved and Chang seconded to approve the items on the Consent Calendar with a correction to item number 8. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. 7. Subject: Approve the November 19 City Council minutes Recommended Action: Approve the minutes 8. Subject: Approve the December 3 City Council minutes Recommended Action: Approve the minutes Vice Mayor Sinks said that Patrick Kwok should be noted as a former Santa Clara Valley Water District Board member. 9. Subject: Accept Accounts Payable for period ending November 8, 2013 Recommended Action: Adopt Resolution No. 13 -104 accepting Accounts Payable for period ending November 8, 2013 12 Tuesday, December 17, 2013 Cupertino City Council 10. Subject: Accept Accounts Payable for period ending November 15, 2013 Recommended Action: Adopt Resolution No. 13 -105 accepting Accounts Payable for period ending November 15, 2013 11. Subject: Accept Accounts Payable for period ending November 27, 2013 Recommended Action: Adopt Resolution No. 13 -106 accepting Accounts Payable for period ending November 27, 2013 12. Subject: Declare weeds a nuisance and set hearing date of January 21 for objections to proposed removal Recommended Action: Adopt Resolution No. 13 -107 declaring weeds a nuisance and setting hearing date of January 21 for objections to proposed removal 13. Subject: First Amendment to the Employment Contract for the City Attorney Recommended Action: Approve the Amendment to the Employment Contract for the City Attorney Written communications for this item included a redline version of the employment contract for the City Attorney. 14. Subject: Authorize a new position category for Public Works in the salary schedule of the Unrepresented Employees Compensation Program Recommended Action: Adopt Resolution No. 13 -108 amending the Unrepresented Employee Compensation Program adding new position category 15. Subject: Grant additional time or payouts to key staff members on the Apple Campus 2 project Recommended Action: Grant additional time or payouts to the City Manager and City Attorney; Authorize the City Manager to grant additional vacation hours or payouts to key staff on the Apple Campus 2 project 16. Subject: Alcoholic Beverage License for Shanghai Family Restaurant, 10877 N Wolfe Road Recommended Action: Approve Alcoholic Beverage License for Shanghai Family Restaurant 17. Subject: Alcoholic Beverage License for Extraordinary Soup & More, 20371 Stevens Creek Boulevard Recommended Action: Approve Alcoholic Beverage License for Extraordinary Soup & More 13 Tuesday, December 17, 2013 Cupertino City Council 18. Subject: Alcoholic Beverage License for Beijing Duck House, 10883 S. Blaney Avenue, Suite B Recommended Action: Approve Alcoholic Beverage License for Beijing Duck House SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 19. Subject: Council Committee assignments Recommended Action: Make assignments Written communications for this item included a handout noting the proposed 2014 Council committee assignments. Mahoney moved and Sinks seconded to make the Council Committee assignments as recommended with the following amendments: appointed Council member Chang as representative and Council member Mahoney as alternate on the Santa Clara County Expressway Plan 2040 Policy Advisory Board. The motion carried unanimously with Wong recusing himself from voting on the Stevens Creek Trail Joint Cities Working Team. REPORTS BY COUNCIL AND STAFF 20. Subject: Public Works Construction Project Updates Recommended Action: Present report Written communications for this item included a staff PowerPoint presentation. Director of Public Works Timm Borden presented the report and Council received the report. He noted the Mary Avenue Dog Park dedication ceremony is scheduled for February 8 at 11:00 a.m. City Manager David Brandt reminded everyone of the holiday closure of City Hall from December 24 to January 1. Council members highlighted the activities of their committees and various community events. 14 Tuesday, December 17, 2013 Cupertino City Council ADJOURNMENT At 8:14 p.m., Mayor Wong adjourned the meeting. Note: The January 7 meeting has been cancelled. The next regular meeting will be January 21. Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777 -3223, and also on the Internet at www.cul2ertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT &T U -verse Channel 99 and are available at your convenience at www.cul2ertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777 -2364. 15 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING December 6, 2013 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: V N,-/ `` David Woo, Finance Director PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of T� 2013, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City CIerk Mayor Gilbert Wong, City of Cupertino 16 H E-I r o w o aftncr o o 0000 m o o m m m m w m o m o o o m wd W0 1D m O W N r O O Colo O 'Lon O CHI d. 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H H H rl w l0 \ D w l0 l0 w w O 00 O 0 O O O n O 0 n 0 [� W \ \\ \ \ \ \ \ \\ M N N N N N rl N N H H H rI r1 rl ri r-1 rl rl rl ri rl 14 W O 07 m m o ri N m d' m m E J� In ul ul In to H . m m m m m W m W w w o SG m m m m m m m m o o O U h h r h r h h r N N U ri w lD r0 w w 0 rA `° .'A Q U U U V a W o O O O O O O O O O W Ul N N N FI N N N N N N N E E H E µ' O 0 0 0 O O O O O O O O Q C) , iJ A ri ri [-'. 11 rA H H rl ri H H E-I 24 z O U u H 2U Z [Mu I W 0 N ri w El m rl N ri W a q RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING December 13, 2013 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ". CERTIFIED: David Woo, Finance Director PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of , 2013, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino 25 1 H E, O H v � o m O N ko O O O o r, I n r O O O Ln O u) O O O O O O m w r I N O N 1 r N W r W M M O O O N r 1l 10 m w O N O N Q d< dr N O M dr M 01 H V u7 W W r N W rl; M H ul W Ln m ul 0 0 N O W Ln p O r r Co M r W W M N ul M H H 01 w O d' m 0) W M w N In ul O w m w W M O r H O O 01 m W ul 01 w H M ul Ol NLnm HH W O .-! H m W H N m mol dl (Y, O H m U N w H N H H W r1 O W uC q FU L9 H H rn E♦ M H [J] UJ r W E'{ U7 A ii! wf N H rl M P: w W r ,2r 2i n7 t7 rl ri HH W \ H In 0 U \ r O O O O O O O O O O P O 0 0 0 0 0 O O O P O O d O P O Q P Q O Q 0 � o O o 0 0 0 0 0 o O o 0 00000 0 0 090 O o 0 0 0 0 0 0 0 0 P FC E+ L14 tY. W In N %i W ri) \ \ \ \ 01 H \ N . 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T h r- �I r Il E m m f r l m M M M m m m m m m m m M m m m m M M M m m M %J (� H rl H HrfH H H H H H H HHri H HH NN ri 4 4 H H r-I JJ 'A- \ ',-A \ \\ \ \\ \ \ \ \ \\ \ \\ \ \\ \\ \ -1-1 \ W M M M M M m M M� `l I `l m m m m m m m m m m m m M m M M rH H H .-I H H H rl H H ,1 r-i H H H H H H H r-I N rl ri U w u) \ \ \ \ \\ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \ \ \ ttl H N N N N N N N N N N N N N N N N N N N N N N N ZI) H H H H H H H H ri ci H ri H rl H H ci H H r-1 ri ri rl ri .1 ri r-1 H rt H N � Z �W z E W Fy' O N M T In Lrl In rA r- n co m 0000 ri ri H N N N M M VI W Q HA I z m m m m m m M MM M M drT TT TT T TT T dr T T T T U U ti0 W H O x m m m m m m m m m m f r I M m m mm M M m M m M m m m m M M M M mmm m m m mmm m m m mm M m m m m M m m FMn Hw' H U n r- 1� nnn n nn n n r r- nr- nr- n nnn nn n r- cl- ,4 N H W ,-a w W %D kD w W %D 10 10 Vo b W W10Ww to to l0 10Ww 'Dw w w (D VQ K4 M m U bG PC x x x R,N- ,N- III H U U wU U U U H u w .. .. aµ w W W W p W b o 0 000r� a oor� 0 0 0000rC o0o RC a oo� oo p o 0 EH$ I a' H �7U W u w r� N O N O N O NNN F 0000 N O N N F o 0 0 N O N O "NN NF O O O O O NNN E+ 0 0 0 0 NNNE O O O O NN H O O O N O N O N O qE rn r4 U H H ,A ri rA rl H .-1 .-I .-1 E H ,� r-I HH HF rl HHF HHHE H HF H H N 31 z yCH i� O U U U z w I N r, N N ri E m m N w E. 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C C L Ln I In UIm m mm m m mmmm m ' 'IGIa V P P40 O Ol m m 0 01 m m O OlmM H HH H H H HriH H U W W H o o � � m m m m m m m m m m m m o olm m N N N N N N O O mr E El a4 H H U U n n n n n n n n r r- Ehn o ood H H-4 M H H U U H N H H W H H W W 1 1➢ t ti0 1 1➢ W W w w W ko N N N N N N N N N N V V \ • • PI m . .Li H H H H r rl v-1 H r1 r1 � � H H V U U U U $ $ u 3 3 3 z U 11 N V U U U 1 1 A A O 2H 1 H' U U 1 U U U 1 as r.0 rri i rrl H H H Ly x ,r1H4 W W O OQ L x o o o o o o o o c 1LJ U o o 0 0 00000r 0 0 1� a E z a a u U UU JJ N N N N N N N N N N N N E r r V N N H N N N N N N F E E F F F 19H W W U c coo P P P P P R O O O O O O E U Ur r r ♦ ♦� N NN Q i rHH0 E 32 C7 z M rrHrr�� 0 U U a H U w I m N N H E m ri H N H W E A P4 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING December 26, 2013 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A ', CERTIFIED: David Woo, Finance Director PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this day of 2013, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino 33 ri b r O M w m H O H M Q M 000 P o co cc 0 P o r O O m N 0 O O rt O N r M "I O V' Ln O in O 0 0 O o NO N o o Ln b O r m LD b O Ln o o ri r In HoH a�mr o�� m o rlao0 0 o M m o rinM a H W d' r O u1 O N N O M d' w Ln H Ln N Ln N m Ln N h H m N M o M O Irl Ill M Ln r N M M Lo M m N N Lfl Lo r-I t- d' d' Ln N o ¢� r M r H N N r-f m N M M H {[] O u1 rl T H Wu [} [J O O O b b 6 b O b 4 O O O O Q Q O q O Q O O P Q P P P o O O O 0 0 0 O L4 di N b O Q O P P P P P PPP POP P o 0o 0 O O O O O 0 0 0 O W co (n I U U} QQ W pQ W co M M M d' VI Ul W W u 14� <N N I W W H O W r r N N f=1 w W ��]i FG N N Q N N I Q RI ,7� O �i '7 7.., 4 9 o P 00 I M P H O W W H FH H H r m r m Ln .l9 VI d' U} Z h H FI H H Fl H YJ LO Ql N M b p, W W C� Gw m rn r r O W f� F4 r ID o 0 m u U L4 o ID I o H W \ Ln H dl U M d' U u U N N N 10 W d W d' d' N N N o N H H !x O H H W vl r{ rl r.� H H ri U U N N H i ri N N M O A�' \ O 0 0 M Pl O b \ \ O O P O In ill dl O M N M # M I*1 r� M M fYa H H ri H W M r'1 M M H R u U \ M H \ U \ \ M \ \ \ W P4 FQ \ \ \ \ M FA PQ [n m H I Lo M U Ln Ln ri m Ln p U \\ C) O Lo io Lo w �\ o W I \ M ! 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This initial economic downturn from 2000 -2004 brought about proactive policies like the Fiscal Strategic Plan and Reserve Policies that enabled the City to be in a financially sustainable position in relation to other cities, counties and the State of California. Over the last two fiscal years, the City has added to its General Fund balance. This annual report provides an overview of accomplishments, programs and projects for Fiscal Year 2012 — 2013. With all the accomplishments from the last year, there is still more work to do, and we anticipate adding additional policies, schedules, and performance measures for con- tinued service improvement for the coming year. Contents CITY CITY PARKS & PUBLIC COMMUNITY ADMIN BUDGET MANAGER RECREATION WORKS DEVELOPMENT SERVICES • 0 cee� 53 ELECTED SHERIFF'S CITY OFFICIALS OFFICE ATTORNEY & CONTACTS W GA ri me, nnual udget Overview The Fiscal Year 2013 -14 Final Adopted Budget is a balanced and fiscally responsible spending plan and is balanced for the next four years as well. Although fund balance will be used to complete several one -time special and capital projects this fiscal year, ongoing revenues continue to fully support ongoing operating costs Despite the City's reliance on a highly volatile high tech industry, it has managed the loss of two of the top business -to- business sales tax producers by controlling expenses, encouraging economic development, and expanding revenue sources. Cupertino continues to maintain an outstanding school system and deliver exceptional services, and as always, will continually seek ways to enhance its services for residents and promote a community built on the values of education, innovation and collaboration Revenues: Where does the City get its money? Total City revenues for FY2014 are expected to be $83,202,272, an increase of $2,821,076 or 3.5% from the prior year's revenues. Revenues by fund for the City are projected as follows: General Fund Pays for core services like public safety, parks and recreation, community development, and public works. Revenue for this fund comes primarily from property and sales tax, franchise fees, and charges for services. W,W,- 1111 54 Special Revenue Fund Accounts for the proceeds of special revenue sources legally restricted to expenditures for specific purposes. Debt Service Fund Pays principal, interest and associated administrative costs incurred with the issuance of debt instruments. Capital Projects Fund Pays for the acquisition and construction of major capital facilities from General Fund revenues. Enterprise Fund Pays for specific services that are funded directly by fees charged for goods or services. Internal Service Fund Pays for goods or services provided amongst City departments or governments on a cost- reimbursement basis. Revenues by Fund Internal Service Enterprise $6,262,639 $7,293,000 7% 9% Capital Projects $5,913,500 7% Debt Service — General Fund $3,079,000 $52,188,660 4% 62% Special Revenue $9,163,804 11% YOUR TAXES Property Taxes For every dollar collected in property taxes, agencies receive a portion per the following breakdown: Fremont Union High $0.167 17% Property Tax Distributior, Mid Peninsula Regional Open Space $0.015 1% Foothill DeAnza Community Collet $0.064 6% Sales Taxes Santa Clara Valley Water District $0.017 2% City of Cupertino $0.056 6% Bay Area Air Quality Management $0.002 For every dollar you spend, you are taxed 8.75 cents. Agencies receive a portion in the following breakdown: City 1.0 11% Santa Clara VE Transportatic Authority 1.125 13% Sales Tax Distribution County Transportation �eralPurpose 125 Expenditures: How does the City spend its money? Total City expenditures for FY2014 are estimated at $89,074,272, an increase of $142,731 or 0.2% from the prior Amended Budget. Costs to the City are allocated by department as follows: V%jI Iu i«II U uy v V. ILi hint Administration $3,399,328 Public Works - Capital Projects 4% $5,872,000 6% Public Works $23,003,668 26 Public Affairs $1,965,055 2% Planning and ` Community Development $7,701,212 9% Parks and Recreation $9,689,789 11% Administrative Services $7,152,789 8% City Council and Commissions $774,555 1% Law Enforcement $9,992,234 11% Non - Departmental $19,523,642 22 55 Services provided by each department are as follows (by descending order of costs): Public Works: * $23,003,668 Street sweeping and maintenance, graffiti removal, traffic safety, solid waste and recycling, stormwater management, urban runoff pollution prevention, tree removal/ replacement, engineering services Non Departmental: $19,523,642 d- — This includes funding for the City's debt service and transfers out to other funds primarily to fund capital project costs. Law Enforcement: $9,992,234 Police, animal and noise control, emergency response, vehicle code enforcement Parks and Recreation: tPark d ,789 Park development and supervision, leadership training, youth and senior programs, community /recreational events Community Development: $7,701,212 Building inspection, permit review, safety code enforcement, safety training Administrative Services: ,789 Huma Human resources services, risk 0 management, information technology, finance, business licensing Administration: _ $3,399,328 VIII City Administration, Community outreach, sustainability programs, economic development, records management, legal counsel Public Affairs: $1,965,055 City program development, governmental transparency (City website and channel), community outreach, emergency preparedness City Council & Commissions: $774,555 Establishment of public policies City Manager Overview ■ Mission The mission of the City Manager's Office is to provide professional leadership in the administration and execution of policies and objectives formulated by the City Council; to develop and recommend alternative solutions to community problems for Council consideration; to plan and develop new programs to meet future needs of the City; to prepare the annual budget; and to foster community pride in city government through excellent customer service. ■ Department Divisions In addition to supporting the day -to -day operations of all City departments, the City Manager's Office is responsible for the direct supervision of Environmental Affairs, Economic Development, City Clerk, and Public Affairs. ■ Goals and Objectives • Accomplish the City Council's work program • Ensure the proper management of city operations and public representation and participation • Ensure all laws and ordinances of the City are duly enforced and that all franchises, permits, licenses and privileges granted by the City are faithfully performed and observed • Collect and analyze relevant data to demonstrate compliance with state and federal regulations • Provide assistance and support to businesses to enable job creation • Provide complete, accurate, and timely information to the public, City Council, and staff ■ Operating Budget • City Manager $1,082,742 • Environmental Affairs $209,411 • Economic Development $160,503 • City Clerk $671,133 • Public Affairs $1,965,055 Major Projects /Programs/ Accomplishments • In FY14, we will continue the fiscally responsible policies that have put us in a healthy economic condition, but we will also begin to focus on accountability and transparency in the budget. • A "How to Start a Business in Cupertino" booklet was created in print and online at www.inbusinesscupertino.com. This 10 -step guide provides the essentials of starting a new business, which includes explanations and contact information for local, state, and federal agencies. • The Environmental Affairs Division received $101,500 via two consecutive rounds of Silicon Valley Energy Watch Community Energy Champions grants and a $30,340 Santa Clara County Public Health Department Communities Putting Prevention to Work grant to hire four Climate Corps Bay Area AmeriCorps members (2012 — 2014) to launch and then expand the City's award - winning GreenBiz program and its successful Growing Greener Blocks initiative. • 8,760 hours of television and webcasting programming • Average over 143,000 unique web visitors each month I SMALL BUSINESS ¢SYMPOSIUM Business Growth and Sustained Success O t I •,w .do _ l l Productivity and Efficiency Improvements • Growing Greener Blocks and the Green Biz programs have saved the nearly 300 homeowners and 60 businesses $80,000 while reducing our community's energy use by 207,000 kilowatt hours (kWh), water use by 5.3 million gallons, and carbon emissions by 885,000 pounds. The net impact of these efforts is equivalent to removing nearly 100 cars from the road or planting over 10,000 trees. Number certified Number enrolled kWh savings Water savings Therm savings Total cost savings Reduction in CO2 emissions 41 businesses 18 businesses 96,422 kWh (@ .15 1kwh) _ $14,463 3,972,072 gallons [@ $4 1ccf , 748 gal /100 cubic feet (CCF)] = $21,241 1,039 Therms $5,979 ($35,604 from above) 234,733 pounds • The Green California Leadership Award for the Cupertino GreenBiz program • The Acterra Business Environmental Award for the Cupertino GreenBiz program • GreenBiz received two new distinctions this fiscal year: an Acterra "Environmental -I Learning about the importance of clean creeks at the City's 5th Annual Earth Day Festival Project" Business Environmental Award and a Green Environmental Leadership Award for Economic Development. Further, these awards have garnered the interest of adjacent jurisdictions, leading to the launch of grant - funded GreenBiz Mountain View, which will seek to emulate Cupertino's success through a new Chamber -led program model this fiscal year. • National Association of Telecommunication Officers and Advisors, 2nd Place for City Council coverage Commissions Library Commission • The Library Commission is a five member commission appointed by the City Council that reviews and makes recommendations related to the operations and services of the Cupertino Library. Public Affairs staff serves as liaison. Technology, Information and Communication Commission • The Technology, Information and Communication Commission (TICC) is a five member commission that advises the City Council and informs the community about issues relating to the rapidly changing fields of communication and technology. Public Affairs staff serves as liaison. 57 i Parks and Recreation Overview The Cupertino Parks and Recreation Department aligns its programs and activities to the depart- ment's vision, mission, values, and outcomes. ■ Vision A positive, healthy, connected community ■ Mission Cupertino Parks and Recreation is committed to provide opportunities, resources, and services to the community to enhance the quality of people's lives through recreational, educational, and cultural experiences. ■ Core Values Community, Quality and Trustworthiness ■ Outcomes • A healthy community (Blackberry Farm Golf Course, Cupertino Sports Center, swimming, tennis, soccer, softball, basketball and many other venues) • A creative and playful community (summer camps, Blackberry Farm Park, noontime recreation in schools, dance, music and art) • A well- educated community (preschool, ESL classes, after - school enrichment programs, summer school and computer classes) • A connected and united community (community service camp, festival support, senior trips, case management, helping hands and leaders in training) • A fiscally responsible community (adheres to budget and embraces an active volunteer program) Parks and Recreation's divisions consist of Administration, Leadership 95014, Facilities and Community Events, Senior Programs, Sports and Fitness, and Youth and Teen Programs. The Department's operating budget for Fiscal Year 2012 -2013 was $8,855,051 with 29.53 permanent, benefited positions. Major Projects /Programs/ Accomplishments • Increased Sports Center membership to approximately 2000 members • Continued Leadership 95014 • Achieved a 35% increase from 2012 for the Big Bunny Fun Run with over 800 participants • Expanded the Community Gardens at McClellan Ranch for a total of 66 usable garden plots • Signed a five -year lease for the Blue Pheasant property generating approximately $600,000 for the City • Provided the Leader in Training program to 30 teens who assisted in summer camp and aquatic programs • Worked in partnership with Acterra and other volunteers for continued habitat restoration in McClellan Ranch and Blackberry Farm • Began the design phase of the Environmental Education Center at McClellan Ranch • Served twelve Cupertino Unified School District (CUSD) schools through the noontime recreation program • Provided quality programs, important services, and meaningful volunteer opportunities at the Senior Center for 53,142 senior adults • Served 13 schools within Cupertino Unified School District (CUSD) and generated $122,847 in revenue in the After School Enrichment program • Offered additional classes for Fremont Unified High School District (FUHSD) students in College Essay Writing, Trigonometry, Geometry, anA Art Portfolio Development • Coordinated the annual July 4th event with 2,000+ participants at the pancake breakfast, 750 guests for the BBQ at Blackberry Farm Park, and an evening fireworks display /activities at Sedgwick Elementary School, Hyde Middle School, and Creekside Park • Provided 289 group picnic site rentals and served approximately 18,000 people for park activities at Blackberry Farm Park • Coordinated the Summer Concert Series with 2000+ participants • Marked the 20th anniversary of the annual Breakfast with Santa event, done in collaboration with The De Anza Optimist Club of Cupertino • Offered a strong summer aquatics program with 1,752 participants PARKS AND RECREATIO Productivity and Efficiency Improvements • Harvested 924 Ibs of oranges and 88 Ibs of lemons at the Stocklmeir orchard to provide to West Valley Community Services • Offered the Cupertino senior adult community 250 educational courses, 36 special event luncheons, and 33 informative and instructive presentations given by community experts • Contributed 28,652 services hours through the efforts of 259 senior volunteers for administrative and programming support at the senior center • Offered 1,819 senior adults opportunities to remained active, strive for personal autonomy, and further their education by participating in the 58 Share Discovery Through Travel program opportunities • Served 599 people in the Senior Center Case Management Program so that these adults remained independent and safe in their own home • Assisted with wildlife monitoring and fish relocation for Phase II of the Stevens Creek Restoration Project • Completed 565 volunteer hours through the Helping Hands program • Achieved a 26% increase in participants over 2012 levels at the Sports Center for tennis, badminton, table tennis, and camps — 8,475 participants in total • Expanded the Cinema at Sundown Series 59 to show three movies at Blackberry Farm Park with 1000+ participants for the entire series; and the Memorial Park venue served 2000+ participants • Achieved an 8% increase in sports - related summer camp participants Recoqnitions • Received $20,000 grant from Older Americans Act Funding managed by Council on Aging for the Case Management Program • Received Award of Excellence from the California Parks and Recreation Society for outstanding contributions to the community for the Senior Center's Citizenship Program • Recreation Coordinators Justin Cecil and Kim Frey are now Certified Park and Recreation Professionals (CPRP). The certification was issued by the National Certification Board and National Recreation and Park Association (NRPA). • Recreation Coordinator Kelsey Hayes is currently holding the position of VP of Finance for the California Parks and Recreation Society (CPRS) District IV Executive Board .1 • Recreation Coordinator Lauren Neff served as the Vice President of Communication for the CPRS, District IV • Recreation Coordinator Dave Jahns completed the Leadership 95014 program along with training in Mass Care and Shelter Management Commissions Teen Commission • Collaborated with the City of Saratoga Youth Commission on the Pizza and Politics event held October 24, 2012 with a successful turnout • Participated in the Intergenerational Tea at the Senior Center on March 18 — with games and refreshments • Coordinated the annual Walk One Week (W.O.W.) event • Assisted with the Giving Tree program, spon- sored by West Valley Community Services Parks & Recreation Commission • Revised the City's Special Events policy criteria • Considered final design for Mary Avenue Dog Park • Adopted a work program that focuses on long- term goals and objectives including park master planning and associated program needs A lively group enjoys a mahjong game at the Cupertino Senior Center. lic Works - f w, Overview ■ Mission The Public Works Department provides responsive and high quality public works services and projects to the public and other City departments in the areas of engineering, construction, environmental services, operations and maintenance. ■ Goals and Objectives The Public Works Department creates a foundation for a great community by providing services and projects that are the result of CN _ � r collaborative interactions with the community's residents, businesses and City Council. These services and projects must be: • Supportive of an informed public • Sustainable • Safe • Conducive to a high quality of life • Compliant to regulatory requirements We achieve these goals by: • Providing prompt response to clients' requests for services and complaints • Programming and delivering Capital Improvement Projects in a timely and cost - efficient manner • Working with other City departments to consis- tently deliver efficient, high - quality services • Representing the City on regional issues such as congestion management and stormwater management • Managing regulatory programs such as stormwater pollution prevention, solid waste and recycling programs Operating Budget The Department has a staff of 74 and an operating budget of $23 million Department Divisions Engineering Services • Provide development review, encroachment permitting, and support of the development counter • Review private developments to ensure conformance with City standards and policies • Ensure compliance with City standards on public and private projects through Inspection services • Respond to citizen and other requests related to infrastructure and other public improvements Environmental Programs Responsible for the management of environmental programs including: • $7 million annual solid waste, recycling and composting contract • Household Hazardous Waste (HHW) program • Compliance with the State - mandated Municipal Regional Storm Water Permit Transportation Responsible for developing and maintaining a safe and efficient transportation network, which includes: / • Maintenance of 56 traffic signals • Placement of traffic signs, pavement F1' Z markings, and other traffic control features • Reviewing development proposals for traffic impacts, mitigations and improvements • Represent the City on various Valley Transportation Authority (VTA) working committees Capital Improvements Administer a Capital Improvement Program (CIP) including: • Development of master plans and the management of the design and construction of improvements to streets, parks and trail facilities, and City buildings Grounds and Fleet Maintain all equipment and 21 park and open space areas, which include: • 140 acres of landscape, athletic fields, and recreational turf areas • Eight CUSD athletic fields, playgrounds and landscape areas comprising another 52 acres • 94 vehicles, 54 rolling stock, 18 trailers, 12 riding mowers, and 234 pieces of power equipment Streets • Maintain City streets, traffic signs and markings, concrete, and streetlights • Responsible for stormwater pollution inspections, storm drain maintenance, and management of street sweeping and school crossing guard contracts Trees and Right -of -Way • Maintain the safety, health and appearance of approximately 13,000 street trees and 31.5 acres of developed median islands Facilities • Provide building and systems maintenance to 13 buildings and nine single standing restroom facilities • Responsible for evaluation of replacement equipment regarding life cycle costs and energy consumption • Administer janitorial contract for all City facilities Major Projects /Programs/ Accomplishments ■ Transportation • Completed signal coordination effort along Stevens Creek Blvd between Bubb and Tantau. Travel times decreased up to 28% in the a.m. peak and 40% in the p.m. peak • Installed cameras along Stevens Creek Blvd, enabling real -time response to traffic conditions • Completed sidewalk feasibility pedestrian safety studies for McClellan Road corridor near tri- school area Environmental Programs • Educated and engaged public on litter issues throughout reusable bag ordinance consideration • Launched "Cleaner Cupertino" reusable bag campaign, including press releases, event tabling, retailer kits, and — 250 retailer site visits • Renegotiated Household Hazardous Waste (HHW) agreement with County to supplement City's program with free HHW waste drop -off for residents at reduced annual cost • Installed 51 trash capture baskets and 66 inlet screens • Installed 20 recycle /compost /trash bins at Blackberry Farm Park • Reduced amount of waste sent to landfills annually by 1,715 tons and increased collection of recyclable and compostable material by 5,850 tons • Gave free organic compost to 1,844 residents at distribution site • Held 6 clean -up events at Stevens and Calabazas Creeks with 384 volunteers participating Capital Improvement Program • Stevens Creek Corridor Park & Restoration Phase 2: completed design, secured additional outside funding, awarded contract, commenced construction • Environmental Education Center & Blacksmith Shop Renovation Project: completed design and bid documents for project 63 Mary Avenue Dog Park • Dog Park: completed site investigations, facilitated regulatory coordination, coordinated with neighbors to finalize design • Quinlan Community Center: developed work plan for renovation improvements • Senior Center: prepared documents for replacement of carpeting • Re- organized CIP Budget document Maintenance Tree /Right of Way Divisions • Planted 511 trees (402 new locations) • Trimmed 2361 trees • Removed 87 dead, dying, diseased or unsafe trees • Placed tree ID Badges on approximately 8,000 trees • Renovated median on Stevens Creek between Stelling and DeAnza Grounds Division • Renovated Memorial Park gazebo • Initiated goose management program at Memorial Park • Replaced playground equipment at Wilson, Hoover, and Three Oaks parks Streets Division • Installed 73 LED lights at Memorial Park • Repainted 145 legends & cross walks in 11 school zones • Installed 956 street signs Facilities Division • Installed dance floor in Quinlan Community Center .11 • Installed flooring in craft room & new carpet in Reception Hall at Senior Center • Installed new solar powered driveway gate at Sport Center • Completed City Hall upstairs office remodel rroductivity and Efficiency Improvements • Completed pre - qualification and selection of consultants for professional services — including civil engineers, architects, construction management, and cost estimating • Began development of master agreement for on -call professional services • Began updating of general provisions documents Awards, Grants & Recognitions • Metropolitan Transportation Commission — TDA Article 3: $113,703 awarded June, 2013 • Metropolitan Transportation Commission — OneBayArea Grant (OBAG): $735,000 awarded June, 2013 • ABAG Bay Area -wide trash - capture demonstration project grant ($53,600) funded installation of trash capture devices in storm drainage inlets • A Santa Clara Valley Water District grant funded the City's and Acterra's World Water Monitoring Day, giving students of all ages an opportunity to monitor creeks, examine micro organisms, and know their watershed • Secured outside funding & grants for Stevens Creek Corridor Park & Restoration Phase 2: $214,000 grant from Habitat Conservation Fund $95,000 grant from Transportation Fund for Clean Air $74,000 cost share contribution from Cupertino Sanitary District Stevens Creek Restoration Project, Phase 2 Proposed Environmental Education Center at McClellan Ranch Preserve • Secured $50,000 grant from Valley Transportation Authority for multiple projects: McClellan Road Sidewalk Study; Stevens Creek Corridor Park & Restoration Phase 2; Stevens Creek Trail Joint Cities Feasibility Study • Site Design Award presented to Stevens Creek Corridor Park & Restoration Phase 1 from Santa Clara Valley Urban Runoff Pollution Prevention Program • CalRecycle -Rubberized Pavement Grant Program $249,200 awarded July 1, 2013 Commissions Bicycle Pedestrian Commission • Coordinated the successful operation of an Energizer Station on Bike to Work Day • Promoted bicycle and pedestrian safety enhancements citywide by means of an updated "Hotlist" of ongoing issues Parks and Recreation Commission • Facilitated tour of various park sites with P &R Commission • Presented proposed CI budget to P &R Commission 65 ommunity development Overview ■ Mission Community Development facilitates building a cohesive, safe, vibrant and economically strong City through comprehensive policy, planning, technology and public education. ■ Goals and Objectives • A safe and healthy community • Excellent customer service • Efficiency and fiscal responsibility • Preserving community values • A green approach and resource conservation ■ Operating Budget The Cupertino Community Development Department aligns its budget and programs to the department's mission and goals. The department's operating budget for Fiscal Year 2013 -2014 is $7,701,212. Approximately 66% of the operating budget is recovered through fees and grants. ■ Department Divisions Planning The Planning Division ensures quality development within the community by planning for and implementing long -term policies and reviewing projects for conformance with development regulations and community expectations. The number of planning applications increased by approximately 1% from 268 applications in FY2012 to 272 applications in FY2013. Accomplishments in FY2013: • Processed approximately 104 residential applications and 168 other commercial /office/ mixed -use applications • Successfully integrated Community Code Enforcement Division to the Community Development Department by adding 1.5 FTE code enforcement officers • Successfully implemented the new Green Building Ordinance in July 2013 by obtaining certifications from the California Energy Commission and the California Building Standards Commission • Engaged the community by facilitating three city wide workshops (Apple Environmental Impact Report (EIR) and General Plan Amendment) • Established a monthly meeting with the Cupertino Chamber of Commerce • Completed the initial stakeholder interviews with property owners of key development sites to coordinate future development and growth • Progressed the electronic permit tracking system and plan review into the testing phase • Coordinated pre- construction meetings to ensure compliance of conditions and standards during construction and project operation • Continued to implement General Plan policies to promote walkability and connectivity • Coordinated early development review ensuring building, fire and other inter - agency compliance • Encouraged developers to outreach to the adjacent community to address community input and concerns • Coordinated solutions between applicants and neighbors to address key concerns • Implemented a streamlined development review process • Continued to improve the accessibility to the department website and application form • Continued to provide excellent customer service with streamlined project reviews process and extended public counter through lunch hour Building The Building Division safeguards the public health, safety and general welfare of residents, workers and visitors to Cupertino by effective administration and enforcement of building codes and ordinances adopted by the City. An indication of economic vitality can be found in the Building Valuation figure which rose from $156 million in FY2012 to $182 million in FY2013. The Building Division provides the following services: • Approves building plan sets and completes building inspections in a timely manner • Works with Public Works Department to help verify storm water pollution protection measures at targeted facilities • Develops educational materials for the public • Utilizes wireless mobile devices to better manage daily field inspections and project status Islands Restaurant at Crossroads Cupertino In FY2013, the Building Division completed the following activities: • Processed and plan checked 2,393 building permit applications, compared to 2,185 in FY2012, an increase of 10% • Conducted 16,910 building inspections, compared to 17,473 in FY2012 • Completed recruitment for two new permit technicians to streamline counter permit process • Updated City codes to be in compliance with 2013 California Codes of Regulation for building, residential, plumbing, mechanical, electrical, energy, fire, CalGreen, and administration • Continued implementation of microfilm conversion project 67 Biltmore Adjacency Project, shown under construction, will provide both residential apartments and commercial space. Housing The Housing Division facilitates the development of affordable housing and administers community programs. • Housing services maintains units throughout the City that are available to very -low, low, median and moderate income households by monitoring units on an annual basis to ensure units stay in inventory. Currently, Cupertino has 323 such units. • Housing services provides necessary support services to low and very -low income Cupertino residents by providing grants to non - profit agencies who serve this population. Currently, Cupertino serves 1200 such households. Major Projects /Programs/ Accomplishments • Apple Campus 2 Project — Environmental Review (ongoing) • Apple Cafeteria (under construction) • Aloft Cupertino Hotel (opened) • Biltmore Adjacency Mixed -Use Development (under construction) • Main Street Cupertino (under construction) I f Cleo Avenue housing •: Apple Campus 2 • Rosebow Mixed -Use Development (under construction) • Cupertino Village Shopping Center Addition (construction anticipated before November 2013) • Crossroads Shopping Center (construction completed) • Homestead Square (phase 1 completed; phase 2 underway) • Saich Way Station Commercial Development (approved) • Green Building Ordinance (certified and effective) • Development Permit Process Update (ongoing) • Tree Ordinance Amendment (part 1 completed; part 2 underway) • General Plan Amendment to Replenish Development Allocations and Evaluate Opportunity Growth Sites (underway) • Housing Element Update (underway) • Heart of the City Amendment (underway) • Climate Action Plan (underway) � I Uuu%.,0VlLY d11U Gi Improvements • Made enhancements to the Building and Planning application forms and handouts (ongoing) • Implemented a new online permit system to connect Building, Planning, Public Works and Business Licenses to allow online search and applications for permits Saich Way Station Awards, Grants & Recognitions • Received Green Building Ordinance Certification from the California Energy Commission and California Building Standards Commission Commissions Planning Commission The Planning Commission consists of five residents appointed to alternating four -year terms by the City Council to hear and make recommendations on all advanced planning policy documents and current planning applications. Housing Commission The Cupertino Housing Commission consists of five members appointed by the Council to four -year terms. One must be a representative from a Cupertino financial institution and another from a Cupertino business. The committee assists in developing housing policies and strategies, recommends policies for implementation and monitoring of affordable housing projects, helps identify sources of funding for affordable housing, and performs other advisory functions authorized by the City Council. Main Street Aloft Hotel Fine Arts Commission The Cupertino Fine Arts Commission is a group of citizens appointed by the Cupertino City Council, and their purpose is to foster, encourage and assist in the realization, preservation and advancement of fine arts for the benefit of the citizens of Cupertino. Some of the commission's activities include: • Distributing fine arts grants to individuals and groups • Selecting both a Distinguished Artist and an Emerging Artist of the Year • Overseeing the selection and installation of public art • Introducing new arts and cultural events to the community • Working in partnership with local schools for student exhibits. /Aaminisir Services Overview ■ Mission The Administrative Services Department provides responsive and high quality internal support services to other City departments in the areas of Finance, Treasury, Debt Management, Human Resources, Information Technology, and Code Enforcement. In addition, department personnel assist the City Manager's office on special projects. ■ Goals and Objectives The department strives to provide internal and external customers with a service level that will: • Provide timely and accurate information to the public and to City departments • Ensure a financially sustainable organization • Maintain a high level of professionalism in all division deliverables • Provide a desirable work environment • Ensure compliance with laws and regulations • Deliver all service in a timely, accurate and respectful manner ■ Operating Budget The department had a staff of 22.26 permanent, benefited positions for Fiscal Year 2012 -2013 and an operating budget of $22.36 million. ■ Department Divisions Six distinct divisions were housed within Administrative Services Department at the begin- ning of FY 2012 -13, each with a unique mission and set of operational characteristics that are out- lined below. During FY2013, four of the divisions were moved to the City Manager's Office, Sheriff, Community Development and Public Works depart- ments, as part of a city -wide reorganization. Finance and Treasury • Oversees finance, budget, investments, payroll, accounts payable, business license and debt management functions • Prepares and monitors the budget and provides accurate and timely recording of $111 million in City revenues and $108 million in expenditures • Manages the City's investment portfolio of $70 million to obtain safety of funds, liquidity and a reasonable rate of return Note: For FY2014, responsibility for the budget preparation process was transferred to the City Manager's office. City Clerk /Duplicating and Mail /Elections • Maintains compliance with State laws regarding elections, records, commission appointments, Brown Act public meeting requirements and legal notices • Conducts local elections including the timely filing of required and voluntary documentation, and ensures election - related information is available to the media and the public Note: The City Manager's Office took over management of this division in January 2013. Emergency Preparedness and Neighborhood Watch • Ensures that the Cupertino community and City staff are reasonably protected and prepared for emergencies and disasters • Maintains the Emergency Operation Center and supports volunteer groups, including the Cupertino Amateur Radio Emergency Service (CARES), Medical Reserve Corps (MRC), and Community Emergency Response Team (CERT) to ensure additional volunteer emergency communications and response capabilities • Enhances neighborhood policing through the Neighborhood Watch program Note: This division moved to Parks and Recreation in August 2013. Human Resources /Insurance and Risk Management • Responsible for the administration of a full range of human resource, employee benefits and labor relations programs including hiring, labor negotiations, employee benefits and retirement • Administers the risk management and workers compensation programs, City -wide training and Wellness programs Code Enforcement • Investigates and responds to citizen complaints related to the Cupertino Municipal Code and initiates appropriate corrective action through education, verbal and written notice, citation or other legal proceedings • Provides assistance to the Sheriff's Department on non - emergency calls and interfaces with San Jose Animal control Note: Functions of this department were divided between the Sheriff's Department, Community Development and Public Works as of January 2013. Information Technology • Provides for all technology - related software and ADMIN TRATIVE SERVICES hardware needs for the citywide management of information services • Maintains and upgrades the City's wide area network between eight separate locations and oversees the implementation of new technology systems, compliance standards and best practices Debt Service • Monitors the City's debt obligations of $44 million Major Projects/ Frog rams/ Accomplishments Administration and Finance • Assisted in preparing a balanced budget for fiscal year 2013/14 featuring a new budget format that added full cost allocation, revenues by program, General Fund support by program, special project budgeting, and line -item detail • Prepared an award - winning annual financial report for FY2011/12 with a clean audit opinion and an award - winning "Budget -At -A- Glance" brochure that gives key budget information in an easily understood format • Managed 4,800 active business licenses with 4,000 renewals and issued 800 new licenses • Processed and paid 13,300 vendor invoices • Processed the bi- weekly payroll for 330 full and part -time staff • Established project accounting for Apple Campus 2 • Assisted in implementation of the new permitting and business licensing system • Completed the Redevelopment Agency dissolution and audit process with the state and county 71 • Improved the forecasting and trend information on the quarterly budget report to the City Council • Conducted a needs assessment for a new human resource, budget, and accounting system • Implemented payroll reporting changes required by the Affordable Care Act and state pension reform • Implemented the city -wide organization changes through the City's payroll and financial reporting structure Emergency Preparedness and Neighborhood Watch • Held the 30th Annual National Night Out with 18 residents leading neighborhood gatherings Cupertino partnered with Target Store where booths and events for every age were set up with an estimated 200 -300 residents participating in the Target event • Provided 12 Personal Emergency Preparedness Workshops, 12 neighborhood watch meetings, one citywide emergency preparedness drill, and three six -week sessions in Cupertino Emergency Response Training • Participated in various citywide outreach events: 4th of July, Big Bunny Fun Run, Diwali Festival, Earth Day, National Night Out, Fall Festival and more • Cupertino Citizen Corps [Cupertino Amateur Radio Emergency Services (CARES), Community Emergency Response Team (CERT), and Medical Reserve Corps (MRC)] held multiple training exercises throughout the City Human Resources /Insurance and Risk Management • Negotiated a three -year compensation package with all groups 72 . i w.r • Conducted recruitments for 68 part -time/ temporary and 15 full -time positions • Coordinated city -wide salary /benefit survey with consultants; implemented salary increases from city -wide survey • Negotiated the Health Reimbursement Arrangements (HRA) for employees • Implemented and administered Phase 7 of the Employee Wellness Program with enhancements added for Cupertino employees to earn Wellness Leave hours • Conducted a Wellness Benefits Fair, which included 38 vendors addressing medical, dental, life insurance, health, nutrition, and safety; the Fair also included free screenings for glucose, cholesterol, blood pressure, and BMI Code Enforcement • Conducted and obtained compliance on over 1,171 code enforcement violation cases • Issued 2,307 parking citations during the year totaling $137,559 and issued 20 administrative citations totaling $6,500 • Assisted the Sheriff's Department on 762 non - emergency and parking enforcement details, reducing our Public Safety contract costs • Two of the code enforcement officers transitioned during FY2012 -13 to Community Development and Environmental Services. • Two code officers continued to work with the Sheriff's Department on non - emergency calls to reduce our Public Safety contract cost. Information Technology • Increased City's storage with implementation of additional Nimble SAN storage, increasing capacity to an additional 8 terabites of data • Completed 1,500 Helpdesk requests • Transitioned City from client based antivirus security to a cloud based platform • Selected Cyber Security Awareness software vendor; completed installation and configuration • Completed x5 server and storage infrastructure for permits, business licenses, GIS, and digital plan set systems • Completed upgrades for Parks & Rec reserva- tion system and records management system • Inventoried pavement, sidewalks and trees, and configured, trained and implemented the Cityworks system to manage these assets Note: This division moved to Public Affairs in August 2013. Productivity and Efficiency Improvements The department has facilitated the following productivity and financial efficiency improvements: • Continued to fill in as the HR director resulting in a salary and benefit savings of over $185,000 per year • Continued to migrate vendor payments to electronic media versus check • Backfilled the Director of Parks and Recreation position resulting in a fiscal year savings of $85,000 • Replaced our existing servers with virtual servers to reduce the quantity and associated maintenance on the hardware • Rotated business licenses and accounts payable staff for increased proficiency and cross training Grants, Hwaras Lx rxuwgnition The City, through efforts led by the Administrative Services Division, received the following honors: • Awarded the Government Finance Officers' Association (GFOA) Award of Excellence for the City's annual financial report • Awarded the California Society of Municipal Finance Officers (CSMFO) Excellence Award for the City's annual budget • Awarded $31,000 ABAG grant for FY12 -13 for Best Practices in the General Liability area • Awarded grants from National Association of County City Health Officials (MRC) and County of Santa Clara Emergency Management Performance grant Commission. The Administrative Services department provides staff support for the Audit Committee and Fiscal Strategic Plan Committee. 73 22 Sheriff's f in Overview The principal mission of the Sheriff's Office West Valley Patrol Division is the protection of life and property. The Sheriff's Office is dedicated to the preservation of public safety by providing innova- tive and progressive services in partnership with the community. Cri Y Against 11/12 Persons During Fiscal Year 2012 -2013, the City of Cupertino did not experience any murders. There was an overall increase of 5% in crimes against persons (as shown in the table above), compared to the previous fiscal year. There were 25 robbery cases in FY2013. Three of the robbery cases involved Cupertino banks. v � Detectives solved one of the bank robbery cases and arrested a local man. They continue to work on leads for the other two cases. Of the remaining 22 robbery cases, deputies arrested 13 suspects in 8 of the cases. e Percentage Crimes 11/12 12/13 Variance 'Includes auto burglaries " Total includes grand theft and identity theft cases There was an overall increase of property crimes of 20% as shown in the chart above. Residential, commercial, and auto burglaries rose 23 %. There was also a sharp increase in stolen and /or recovered vehicles (auto theft). Auto theft peaked in January with 11 recovered or stolen vehicles, and dropped back down to an average of 3.4 vehicles per month for the rest of the fiscal year. I Traffic Related Information Throughout FY2013, there were a total of 598 traffic collisions. This represents a decrease in collisions of 7% (as shown in the table below) compared to the previous fiscal year. Cupertino installed a Traffic Supervisor during this fiscal year, which helped to solidify traffic enforcement efforts in targeted areas, which helped reduce the overall collision rates within the City. Traffic FY FY Chan a Percentage Accidents 11/12 12/13 Variance Injury 146 140 -6 -4% Property 497 457 -40 -8% Damage Totals 644 598 -46 -7% Pedestrian or Bicycle 54 17 -37 -68% Involved Accidents As stated above, enhanced traffic enforcement efforts are believed to have contributed to the decrease in vehicle collisions in Cupertino. During FY2013, the deputies assigned to the West Valley Patrol Division issued a total of 11,116 citations (total represents speeding, moving and non - moving citations). The number of citations issued is slightly down, partially due to the fact that calls for patrol service are up, as will be noted later in this report. Besides targeted enforcement areas, efforts to increase the safety of motorists within Cupertino include participation in grant funded enforcement programs sponsored by the Office of Traffic Safety (OTS) such as WADD: Avoid the 13" DUI campaign and "Saturation Patrols." Overall, deputies made 112 arrests for DUI drivers during FY2013. 'F1 Speeding 1537 1537 0 0% Moving 5494 4326 -1168 -21% Non - Moving 5441 5253 -188 -3% Totals 12,472 11,116 -1356 -11% Major Projects /Programs/ Accomplishments The Sheriff's Office West Valley Patrol Division's School Resource Officers (SRO's) remain busy and active throughout our schools. During FY2013, School Resource Officers provided presentations to students and parents on the following topics: • Stranger Danger • Internet Safety • Bullying /Cyber Bullying • Drug and Alcohol Awareness • Traffic Calming Tips (in and around school campuses) • Career Day • School Attendance Review Board (SARB) • Bicycle Safety • In addition, School Resource Officers conducted and participated in Code Red Drills and Training exercises at several schools. Code Red Drills and Exercises are extremely useful to school staff and provide them with a better level of knowledge and preparation in the event of an active shooter on their campus. • Finally, the School Resource Officers facilitated their annual Teen Academies to 55 participants both during the school year and over the summer break. This unique program provides students with a new perspective on law enforcement and raises their awareness of issues that may impact them in the future. The program calls upon several members of the Sheriff's Office to facilitate instruction in the areas of basic crimes, criminal investigation, narcotics, and traffic investigations. 75 0 lAft A Productivity and Efficiency I mnrnvements The Sheriff's Office responded to a total of 9,463 calls for service during FY2013. This number is up from FY2012, when Sheriff's Office personnel responded to 8,882 calls for service within the City. Response times dropped slightly for Priority 2 and Priority 3 calls for service, although they increased for Priority 1 calls to 5 minutes and 11 seconds. The target for Priority 1 calls for service is 5 minutes or less. A slight increase in staffing for future years may help to lower response times and help deputies field the growing number of calls for service. Average Volume Average Volume Response of Calls Response of Calls Time Time L FY 11/12 FY 12/13 Priority 4.45 92 5.19 118 1 minutes minutes Priority 6.88 4334 6.27 4357 2 minutes minutes Priority 10.95 4456 10.44 4988 3 minutes minutes Totals 8882 9463 The table above contains a comparison of number of calls for service, the priority types and the average response times to the various calls for service over the past two fiscal years. Response times are calculated based upon the time a County Communications Operator's phone rings a second time, until a deputy arrives on- scene. SHERIFF'S OFFICE MET R sC> Yu6n -lTan :Veteray - 1 ling Tributd Commissions The West Valley Patrol Division Commander, Captain Ken Binder, acts as the City's liaison to the Cupertino Public Safety Commission. In this capacity, he routinely attends meetings, advises the committee on policy and direction (taking full advantage of his training and experience), and prepares meeting agendas. .4 J C t .. \.V\ Top: The American Veterans Traveling Tribute arrived in Cupertino in November, escorted by representatives of the Cupertino Sheriff's Department. Above: West Valley Patrol Division Commander, Captain Ken Binder and School Outreach Officers interact with students taking part in the department's Teen Academies program. City Attorney Overview The City Attorney is appointed by the City Council to provide legal advice to the City Council, Commissions, City Manager, and staff. We strive to provide high quality, timely, proactive legal services to the organization and its leadership. These legal services include conducting legal research and analysis and providing legal advice, preparing and reviewing legislation including ordinances and resolutions, and drafting or reviewing contracts, agreements, and other legal documents. The City Attorney also represents the City, its departments and City staff in any litigation, code enforcement matter, personal injury or property damage claims or administrative actions involving City business. The department's operating budget for Fiscal Year 2013 -2014 is $1,275,539 for costs of operation, litigation, and 3 full -time staff. Major Projects The office of the City Attorney is the sole legal counsel to the City. Staff provides legal support to all City departments, reviews all contracts and other City documents, and advises on resolutions, ordinances, and the legal implications of policy. In this capacity, the Attorney's Office has supported, through legal means, the attainment of City FY2013 milestones, including: • Apple Campus 2 project — including the preparation of the Environmental Impact Report (EIR), implementing agreements including Development Agreement and legislation • Development projects — including Biltmore, Bay Club, Homestead Square, and Main Street Multiple ordinance amendments and projects — plastic bag ordinance, changing election cycle, General Plan update, zoning amendments, dissolution of Successor Agency to the Redevelopment Agency and its Oversight Board, park projects, employee negotiations and memorandum of understanding Productivity and Efficiency Improvements In addition to serving as sole legal counsel to the City Council, the City Attorney's Office provides ongoing legal services to all departments and commissions. The City Attorney's office consists of the City Attorney, Assistant City Attorney and a Legal Services Manager. While the workload has seen a dramatic uptick in the last year, staff continues to serve this large and diverse group by contracting for services as needed, enabling staff to provide subject specific expert advice while keeping the overhead very low. Productivity improvements included a streamlined contract review process with the introduction and update of standard form contracts. Cupertino City Council Members The Cupertino City Council has five members. They are elected at large to overlapping four -year terms. The Council members themselves elect the Mayor and Vice Mayor for a term of one year. Orrin Mahoney, Mayor FY12 -13 /Council Member FY13 -14 Orrin Mahoney was elected to the Cupertino City Council in 2005 and 2009. He was elected by the Council as Vice -Mayor in December 2007 and 2011. He served as Mayor in 2009 and 2013. His second term will expire in 2014. Email: omahoney @cupertino.org Gilbert Wong, Vice Mayor FY -12 -13 /Mayor FY 13 -14 Gilbert Wong was elected to the Cupertino City Council in November 2007 and 2011. He served as Mayor in 2011 and is currently serving as Mayor. Email: gwong @cupertino.org Rod Sinks, Council Member FY12 -13 /Vice Mayor FY13 -14 Rod Sinks was elected to the Cupertino City Council in November 2011 and is currently serving as Vice Mayor. Email: rsinks @cupertino.org Barry Chang, Council Member FY12 -13 /Council Member FY13 -14 Barry Chang was elected to the Cupertino City Council in November 2009. His first term r on council will end in 2014. Email: bchang @cupertino.org 16 Mark Santoro, Council Member FY12 -13 /Council Member FY13 -14 Mark Santoro was elected to the Cupertino City Council in 2008 for a partial term and was re- elected in 2009. He served as mayor in 2012. His first term will end in 2014. Email: msantoro @cupertino.org Cupertino City Manager David Brandt is serving as City Manager for the City of Cupertino. He is charged with implementing policy decisions made by the elected Council, which he accomplishes through delegation to appropriate departments. He is also responsible for preparation of the annual city budget consisting of an operating budget of $89 million for FY2014. Email: manager @cupertino.org Contact Information For additional information: • Email the City at: finance @cupertino.org • Visit our website: www.cupertino.org • Watch City Council meetings on Cable Channels 26/99 or on the web • Submit a request online to Access Cupertino Sheriff & Fire (dial 911 for emergencies) Sheriff Westside Station, 1601 S DeAnza Blvd 868 -6600 Administrative Services Department /Finance 777 -3220 Building Dept. 777 -3228 - City Clerk 777 -3223 City Manager 777 -3212 Code Enforcement 777 -3182 Economic Development 777 -7607 Emergency Preparedness 777 -3335 Human Resources 777 -3227 Library (Santa Clara County) 446 -1677 Neighborhood Watch 777 -3177 Parks & Recreation Dept. 777 -3110 Planning Dept. 777 -3308 Public Works Dept. 777 -3354 All numbers are area code 408 79 MEN a CUPERTINO Cupertino City Hall • 10300 Torre Avenue • Cupertino, CA 95014 408 - 777 -3220 • Fax: 408 - 777 -3109 • www.cupertino.org 0 Printed on re82d paper � y�r.r9ss ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Consider reclassifying specific job assignments to a designated job title and increasing hourly rates for part -time employees. Recommended Action Adopt resolution establishing new part -time classifications and increasing hourly rates for part -time employees. Back rg ound The salary schedule for part -time employees has not been updated since March 4, 2008. Since the majority of our part -time employee recruitment efforts are about to begin, staff reviewed the salary schedule for summer hires in regards to the following: ❑ Current position categories ❑ Delineations for qualifications relating to experience and certification requirements • Reducing existing steps to five for consistency with full time positions • Comparison to other surrounding cities to ensure competitive pay rates Staff also reviewed the process for providing part -time employees with wage step increases to make recommendations for streamlining the process. Discussion Currently there are 76 part -time employees in the Recreation Specialist classification. The job assignments include: Golf course employees, kiosk and snack bar employees at Blackberry Farm; preschool teachers, front office clerical staff at the Quinlan Community Center and Sports Center; building /permit attendants for rentals; outdoor education instructors, staff assistants, and Travel Program Assistants. Other city part - time positions have also been added to this classification— making it the "catch -all" classification for part -time positions, including highly qualified interns. In addition, the following discrepancies exist with the classification: ❑ The Recreation Specialist classification is made up of sixty -one, $.25 incremental steps —the first eight steps fall below the California minimum hourly wage. ❑ The $.25 incremental steps are not consistent with other part -time classifications. ❑ Tasks within the classification vary with experience and education. Finally, the City's Code Enforcement Classification has two part -time employees whose job assignments do not align with this classification. Their assignments include: community outreach for disaster preparedness and neighborhood watch program coordination. Staff's goal after analyzing the Recreation Specialist and Code Enforcement classifications is to establish new classifications that are specific to the job tasks and provide consistent five -step salary increases. Staff recommends eliminating the Recreation Specialist classification and adding the following four new classifications listed below: 1. Customer Service Attendant: Assignments include: Front office staff, facility/building attendants, kiosk staff and food service staff. Hourly wage: $11.00, $11.50, $12.00, $12.50, $13.00 2. Leisure Program Specialist: Assignments include: Travel Assistants or any other staff assistant position that is specific to a program area and requires education /experience in that particular program area. Hourly wage: $16.00,$16.50,$17.00,$17.50,$18.00 3. Preschool Teacher: Classification includes Preschool Teachers and other credentialed or certified instructors that have education units or certifications as a qualification. Hourly wage: $21.00, $21.50, $22.00, $22.50, $23.00 4. Community Coordinator: Assignments include community outreach and coordination of disaster preparedness and neighborhood watch programs. This classification will capture two part -time employees currently tied to the Code Enforcement Officer salary schedule. Hourly wage: $31-82,$32.62,$33.43,$34.27,$35.11 Staff also surveyed local cities on their pay ranges for interns based on educational attainment. Cupertino had the lowest pay rates for interns with bachelor's degrees and has lower pay for interns enrolled in a Bachelor's degree or Master's degree program compared to nearby cities. Therefore, staff recommends breaking up the current Intern classification into a four - series classification with competitive salary rates based on educational attainment to ensure Cupertino attracts the best and brightest talent. 1. Intern I: Assignments range based on department need. This classification will capture interns with a high school degree and some college. Hourly wage: $11.00,$12.00,$13.00,$14.00,$15.00 2. Intern II: Assignments range based on department need. This classification will capture interns that have completed at least two years of college coursework. Hourly wage: $15.00,$16.00,$17.00,$18.00,$19.00 3. Intern III: Assignments range based on department need. This classification will capture interns enrolled in a graduate school program or with a Master's degree. Hourly wage: $18.00,$19.00,$20.00,$21.00,$22.00 4. Intern IV: Assignments range based on department need. This classification will capture interns with highly specialized skills or degrees such as Master's in Engineering. Hourly wage: $22.00, $23.00, $24.00, $25.00, $26.00 The City already has seven other classifications that fulfill the requirements for the other part -time jobs that exist within the Parks and Recreation Department. As a result of adjusting the Recreation Specialist classification, the other existing part -time staff classifications had to be adjusted to ensure continuity and consistency regarding hourly wages. For Parks and Recreation positions, steps within the updated classifications were increased by $1.00. Citywide, the salary range for the intern classifications were adjusted to better reflect competitive pay rates by educational attainment. Staff also recommends streamlining the process for providing part -time staff with salary step increases. Part -time seasonal and temporary staff will be eligible for a step increase after their anniversary date each April until reaching top step. Supervisors may submit a written request to HR for a salary step increase of more than one step for returning staff. Written requests must include justification, such as degree completion. Part -time staff tied to full -time classifications will be eligible for step increases after completing 2,080 work hours. Fiscal Impact If approved, the effective date for salary adjustments and step increases will be April 1, 2014. The fiscal impact in FY 2013 -14 is estimated to be $15,000 for all part -time positions. Approximately $9,800 of this increase will be recovered through increased 2014 summer program fees in the Parks and Recreation Department. Staff anticipates the net increase of $5,200 can be absorbed with no need for a budget adjustment. Prepared by: Christine Hanel, Recreation Supervisor; Jacqueline Guzman, Senior Management Analyst Reviewed by: Carol A. Atwood, Director of Parks & Recreation A112roved for Submission by_ David Brandt, City Manager Attachments: A -Draft Resolution, B- Part -Time Salary Table, C- Intern Salary Survey Attachment A RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING NEW CLASSIFICATIONS AND INCREASING PART -TIME RATES FOR CITY STAFF WHEREAS, the recruitment and hiring of top quality employees is essential to the efficient operation of the City of Cupertino; and WHEREAS, it has been determined to establish the following new part -time classifications: Classification Hourly Steps Community Coordinator $31.82; 32.62; 33.43;34.27;35.11 Customer Service Attendant $11.00;11.50;12.00;12.50;13.00 Leisure Program Specialist $16.00;16.50;17.00;17.50;18.00 Preschool Teacher $21.00;21.50;22.00;22.50;23.00 Intern I $11.00;12.00;13.00;14.00;15.00 Intern II $15.00;16.00;17.00;18.00;19.00 Intern III $18.00;19.00;20.00;21.00;22.00 Intern IV $22.00;23.00;24.00;25.00;26.00 WHEREAS, it has been determined that an increase is justified for recruiting part -time staff, and WHEREAS. the increases will result in the following salary schedules: Classification Hourly Steps Recreation Leader $10.00;10.50;11.00;11.50;12.00 Senior Recreation Leader $12.50;13.00;13.50;14.00;14.50 Staff Assistant $14.00;14.50;15.00;15.50;16.00 Swim Instructor Lifeguard $11.50;12.00;12.50;13.00;13.50 Manager/Senior Lifeguard $14.00;14.50;15.00;15.50;16.00 Facility/Pool Manager $16.00;16.50;17.00;17.50;18.00 Class Instructor $21.00;21.50;22.00;22.50;23.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the reclassified positions and updated salary schedules. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21" day of January 2014, by the following vote: Vote Members of the Citv Council AYES: CADocuments and Settings \Davis- YDesktop \Reso -City Mgr Contract Amendment.docx 99 NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Attachment A Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cupertino CADocuments and Settings \Davis- YDesktop \Reso -City Mgr Contract Amendment.docx i Attachment B 2014 Proposed Part -Time Staff Salary Schedule Rec Leader 2014 Rec Leader Sr. Rec Leader 2014 Senior Rec Leader Staff Asst. 2014 Staff Asst. Swim Instr. Lifeguard 2014 Swim Instr. Lifeguard Senior Lifeguard 2014 Asst. Manager/ Senior Lifeguard Pool Manager 2014 Facility/ Pool Manager 9 10 11.5 12.5 13.5 14 10.5 11.5 13 14 15 16 9.5 10.5 12 13 14 14.5 11 12 13.5 14.5 15.5 16.5 10 11 12.5 13.5 14.5 15 11.5 12.5 14 15 16 17 10.5 11.5 13 14 151 15.5 12 13 14.5 15.5 16.5 17.5 11 12 13.5 14.5 15.5 16 12.5 13.5 15 16 17 18 .. 2014 Proposed Part -Time Staff Salary Schedule Rec Specialist 2014 Customer Service Attendant 2014 Leisure Program Specialist 2014 Class Instructor 10 11 16 21 10.25 11.5 16.5 21.5 10.5 12 17 22 10.75 12.5 17.5 22.5 11 13 18 23 0 23 .. Attachment B C - Intern Salary Survey.xlsx Attachment C Salary Ranges for Local Government Interns in Silicon Valley enrolled Students or Educational . ....,, Agency Low High Low High Low High Campbell $10.00 $12.00 $10.00 $12.00 $10.00 $12.00 Gilroy unpaid; college credit unpaid; college credit $11.10 $14.43 $14.98 $16.65 Los Altos (college Juniors and up) $15.00 $20.00 $15.00 $20.00 $15.00 $20.00 Los Gatos $15.47 $19.74 $15.47 $19.74 $15.47 $19.74 Milpitas $9.18 $17.68 $9.18 $17.68 $9.18 $17.68 Morgan Hill $12.00 $16.00 $12.00 $16.00 $12.00 $16.00 Mountain View $8.16 $16.32 $15.80 $23.11 $19.46 $30.43 Palo Alto $16.00 $20.00 $16.00 $20.00 $16.00 $20.00 Santa Clara $10.00 $15.00 $10.00 $15.00 $10.00 $15.00 Saratoga $12.00 $15.00 $12.00 $15.00 $12.00 $20.00 Sunnyvale 1 $8.00 1 $10.00 1 $10.00 1 $15.00 1 $15.00 1 $20.00 Cupertino 1 $12.00 $12.00 $14.00 $14.00 $14.00 $19.00 AVERAGE 1 $10.65 $14.48 $12.55 $16.83 $13.59 $18.88 MEDIAN 1 $12.00 $16.00 $12.00 $15.50 $14.49 $19.37 C: \DOCUME- I \kirstens \LOCALS -I \Temp \AgendaManager \C - Intern Salary Sg6vey.xlsx � y�r tyss • Subject COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 300 TORRE AVENUE • CUPERTINO, CA 95014 TELEPHONE: (408) 777 -3228 www.cupertino.org CITY COUNCIL STAFF REPORT January 21, 2014 Professional Construction and Public Works Inspection Services for the Apple Campus 2 project. Recommendation Staff recommends that City Council authorize the City Manager to execute a Professional Services Agreement with 4Leaf, Inc. to provide construction and public works inspection services for the Apple Campus 2 project in the amount of $9,431,390 (Attachment A). Discussion On November 12, 2013, the Community Development and Public Works Department released an RFP seeking professional Construction and Public Works Inspection Services specifically for the Apple Campus 2 project. The City received proposals from nine different firms in response to the RFP. Each proposal was evaluated and the City short - listed six firms to be interviewed. The evaluation criteria included experience, resource availability, technical qualifications, methodology, quality assurance, conflict of interest, and cost of services. The firms were interviewed on December 20, 2013. Based upon the evaluation and interviews, 4Leaf, Inc., was rated the most qualified to provide professional inspection services for the Apple Campus 2 project. The remaining five finalists are as follows: CSG Consultants, Inc. RMA Group Construction Management Inspection (CMI) West Coast Code Consultants (WC3) DSA School Inspectors, LLC At this time, the scope of inspection services awarded for the initial contract is for the overall off -site and on -site construction work for the main office building and the parking structure. A separate inspection services contract will be awarded for the remainder of the buildings on the campus at a future date. 91 Fiscal Impact The Development Agreement with Apple Inc. requires Apple Inc. to reimburse the City for 100% of the actual costs of the contract plus 10% of the contract amount for the City's administrative and overhead costs. The approximately $943,000 will be deposited into the Building Division reserve account in the General Fund. Prepared by: Albert Salvador, Building Official Reviewed by: Aarti Shrivastava, Community Development Director Timm Borden, Public Works Director A112roved for Submission by: David Brandt, City Manager Attachments: A. Professional Construction Inspection Services Contract 2 92 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 4LEAF, INC FOR BUILDING INSPECTION SERVICES FOR APPLE CAMPUS 2 PROJECT THIS AGREEMENT, for reference dated January 22, 2014, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and 41,eaf, Inc, a California corporation, whose address is 2110 Rheem Drive, Suite A, Pleasanton, CA 94588 (hereinafter referred to as "Consultant "), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for building inspection services not to exceed NINE MILLION, FOUR HUNDRED THIRTY ONE THOUSAND, THREE HUNDRED NINETY DOLLARS ( 9 431 390 upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on January 22nd, 2014, and shall terminate on December 31s; 2016, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "I" - Preliminary Manpower and Cost Estimate, which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amounts set forth in Exhibit "2" - Inspection Fee Schedule & Basis of Charges for Apple Campus 2, which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be 93 taken from the 110 - 7503 -9327 fund. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer - independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT CIRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Indemnification: ., Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 10. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, 95 effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabilitv: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 11. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall 97 be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report ", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and /or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 16. RECORDS: .; Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: Ci , of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Aarti Shrivastava All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: 41,eaf, Inc. 2110 Rheem Dr, Suite A Pleasanton, CA 94588 Attn: Gene Barry 18. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the 99 time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 19. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 20. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 21. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 22. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 23. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 24. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement 100 shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 25. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT 4Leaf, Inc By Title Date CITY OF CUPERTINO A Municipal Corporation By Albert Salvador, Building Official Date RECOMMENDED FOR APPROVAL: Aarti Shrivastava, Director Community Development Department RECOMMENDED FOR APPROVAL: Timm Borden, Director Public Works Department RECOMMENDED FOR APPROVAL: David Brandt, City Manager APPROVED AS TO FORM: Carol Korade, City Attorney ATTEST: Grace Schmidt, City Clerk 101 Attachments Exhibit 1 - Preliminary Manpower and Cost Estimate Exhibit 2 - Inspection Fee Schedule & Basis of Charges for Apple Campus 2 EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT 110 - 7503 -9327 $9,431,390 PO # 102 Task On -Site Building Inspections AC2 Main Building & Restaurant AC2 Theatre AC2 Fitness Center AC2 Central Plant AC2 Parking Structure On -Site and Off -Site PW Inspections AC2 Site Utilities LEAD INSPECTOR Estimated FTEs Estimated Hours Estimated Cost (expressed in Thousands of $) ASSISTANT INSPECTORS Estimated FTEs Estimated Hours Estimated Cost (expressed in Thousands of $) PLAN REVIEW ENGINEER Estimated FTEs Estimated Hours Estimated Cost (expressed in Thousands of $) PW RESIDENT ENGINEER Estimated FTEs Estimated Hours Estimated Cost (expressed in Thousands of $) PW INSPECTOR Estimated FTEs Estimated Hours Estimated Cost (expressed in Thousands of $) OFFICE ENGINEER Estimated FTEs Estimated Hours Estimated Cost (expressed in Thousands of $) PROJECT MANAGEMENT Estimated FTEs Estimated Hours Estimated Cost (expressed in Thousands of $) Allowance for Overtime (20 %) ODCs (Software, Library, Site Transport, etc.) City of Cupertino - Apple 2 Campus - Inspection Services Preliminary Manpower and Cost Estimate Exhibit 1 18,832 $2,354,000 26,360 $2,767,800 3,700 $580,900 2,808 $628,992 2,808 $491,400 5,208 $651,000 1,042 $260,400 $1,546,898 $150,000 Total Estimated Costs: $9,431,390 Notes: Estimated costs include 6% Annual Escalation for hourly rates for Years 2015 and 2106 FTE - Full-Time Equivalent. ODCs - Other Direct Costs. See attached Fee Schedule for hourly rates and basis of charges. The estimated level of effort is based on the preliminary assumed schedule as presented in 4LEAF's proposal dated December 2, 2013 and is intended to show our current understanding of the project scope. Any hours or staffing in addition to the quantities listed above will require advanced written authorization from the City's Chief Building Official prior to commencement of any additional services. Consultant shall submit, at the Chief Building Official's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. 40 AM-A", INC. 103 1/3/2014 2014 2015 2016 Jan Feb Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Jan Feb Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Jan Feb Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. 4 4 4 4 4 4 4 0 0 0 0 0 4 4 4 4 4 4 4 4 4 4 4 4 1 1 1 3 3 3 4 4 4 4 4 4 176 152 168 528 504 504 704 672 672 736 608 672 640 608 704 704 640 704 704 672 672 704 608 704 608 640 736 672 672 704 640 0 0 0 0 0 $22 $19 $21 $66 $63 $63 $88 $84 $84 $92 $76 $84 $80 $76 $88 $88 $80 $88 $88 $84 $84 $88 $76 $88 $76 $80 $92 $84 $84 $88 $80 $0 $0 $0 $0 SO 0.5 0.5 0.5 0.5 0.5 0.5 4 4 4 6 6 6 8 8 8 8 8 8 8 8 8 6 6 6 6 6 6 4 4 4 4 0 0 0 0 0 88 76 84 88 84 84 704 672 672 1,104 912 1,008 1280 1216 1408 1,408 1,280 1,408 1,408 1,344 1,344 1,056 912 1,056 912 960 1104 672 672 704 640 0 0 0 0 0 $9 $8 $9 $9 $9 $9 $74 $71 $71 $116 $96 $106 $134 $128 $148 $148 $134 $148 $148 $141 $141 $111 $96 $111 $96 $101 $116 $71 $71 $74 $67 $0 $0 $0 $0 $0 0.25 0.25 0.25 0.25 0.25 0.25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0.5 0.5 0.5 0.25 0.25 0.25 0.25 0 0 0 0 0 44 38 42 44 42 42 176 168 168 184 152 168 160 152 176 176 160 176 176 168 168 176 152 176 76 80 92 42 42 44 40 0 0 0 0 0 $7 $6 $7 $7 $7 $7 $28 $26 $26 $29 $24 $26 $25 $24 $28 $28 $25 $28 $28 $26 $26 $28 $24 $28 $12 $13 $14 $7 $7 $7 $6 $0 $0 $0 $0 $0 0.5 0.5 0.5 1 1 1 1 1 1 1 1 0 0 0 0 1 1 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 88 76 84 176 168 168 176 168 168 184 152 0 0 0 0 176 160 176 176 168 168 176 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $20 $17 $19 $39 $38 $38 $39 $38 $38 $41 $34 $0 $0 $0 $0 $39 $36 $39 $39 $38 $38 $39 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 0.5 0.5 0.5 1 1 1 1 1 1 1 1 0 0 0 0 1 1 1 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 88 76 84 176 168 168 176 168 168 184 152 0 0 0 0 176 160 176 176 168 168 176 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $15 $13 $15 $31 $29 $29 $31 $29 $29 $32 $27 $0 $0 $0 $0 $31 $28 $31 $31 $29 $29 $31 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 0 0 0 0 176 152 168 176 168 168 176 168 168 184 152 168 160 152 176 176 160 176 176 168 168 176 152 176 152 160 184 168 168 176 160 0 0 0 0 0 $22 $19 $21 $22 $21 $21 $22 $21 $21 $23 $19 $21 $20 $19 $22 $22 $20 $22 $22 $21 $21 $22 $19 $22 $19 $20 $23 $21 $21 $22 $20 $0 $0 $0 $0 $0 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0 0 0 0 0 35.2 30.4 33.6 35 34 34 35 34 34 37 30 34 32 30.4 35.2 35 32 35 35 34 34 35 30 35 30.4 32 36.8 34 34 35 32 0 0 0 0 0 $9 $8 $8 $9 $8 $8 $9 $8 $8 $9 $8 $8 $8 $8 $9 $9 $8 $9 $9 $8 $8 $9 $8 $9 $8 $8 $9 $8 $8 $9 $8 $0 $0 $0 $0 $0 18,832 $2,354,000 26,360 $2,767,800 3,700 $580,900 2,808 $628,992 2,808 $491,400 5,208 $651,000 1,042 $260,400 $1,546,898 $150,000 Total Estimated Costs: $9,431,390 Notes: Estimated costs include 6% Annual Escalation for hourly rates for Years 2015 and 2106 FTE - Full-Time Equivalent. ODCs - Other Direct Costs. See attached Fee Schedule for hourly rates and basis of charges. The estimated level of effort is based on the preliminary assumed schedule as presented in 4LEAF's proposal dated December 2, 2013 and is intended to show our current understanding of the project scope. Any hours or staffing in addition to the quantities listed above will require advanced written authorization from the City's Chief Building Official prior to commencement of any additional services. Consultant shall submit, at the Chief Building Official's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. 40 AM-A", INC. 103 1/3/2014 Exhibit 2 4LEAF, INC. ENGINEERING - CONSTRUCTION MANAGEMENT BUILDING NSPECTION • PLAN CHECK INSPECTION FEE SCHEDULE & BASIS OF CHARGES FOR APPLE CAMPUS 2 Field Services* Lead Inspector $ 125 per hour Assistant Inspector $ 105 per hour Plan Reviewer $ 157 per hour Public Works Resident Engineer $ 224 per hour Public Works Inspector $ 175 per hour Office Engineer $ 125 per hour Project Administrator $ 74 per hour Office Services* Principal (Direct Charge only) $ 250 per hour Project Manager (Direct Charge only) $ 250 per hour Other Direct Charges* CA Code Book Library ** (if provided by 4LEAF) $1,200 each Site Vehicles ** $1,000 per month each Personal Computer ** $ 1 per hour surcharge Field Tablet and /or Mobile Assistant ** $ 1 per hour surcharge GoFormz software ** $ 25 per month per user Personal Protective Equipment (PPE) ** Cost + 20% Internet Access (MIFI, WIFI, or 3G) ** Cost + 20% Office or Administrative furnishings and consumables ** Cost + 20% *All Fees Subject to Basis of Charges * *If provided by 4LEAF BASIS OF CHARGES • All time and materials invoices will be submitted monthly. • Work is subject to 4 hour minimum charges unless stated otherwise. Services billed in 4 hour increments. • Overtime and Premium time will be charged as follows: - Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 hour M -F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 15` 8 hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage and /or travel cost and travel time will be charged from site for all offsite work. • All billable expenses will be charged at cost plus 20 %. • All rates are subjected to annual escalation of the greater of 6% or the CA CPI each January 1St • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. Fee Schedule and Basis of Charges for the Apple Campus 2 Project 104 Page 1 of 1 January 3, 2014 � y�r.r9ss PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Coffee Society Lease Agreement, 10800 Torre Avenue, Cupertino, CA 95014. Recommended Action Authorize the City Manager to execute a five -year lease agreement with the Coffee Society. Discussion The existing lease of the 500 square foot cafe space of the Cupertino Library, negotiated with Streeter and Sons, dba Coffee Society in early 2011, was assigned to the current owner, Jee Sung Lee, in July of 2011. The lease expires on February 28, 2014. On December 17, 2013, Council directed staff to enter into negotiations with the current owner to develop a new lease. Staff met with the owner and suitable terms have been agreed to and incorporated in the attached draft lease. Sustainabilii� Impact The use of the library cafe space by the Coffee Society fully supports the City's sustainability goals. Fiscal Impact Upon execution of the lease, effective March 1, 2014, the City will begin receiving $1,625 per month for the first year. This amount will increase annually by an additional $50 per month for the following four years. Prepared by: Timm Borden, Director of Public Works A112roved for Submission by: David Brandt, City Manager Attachments: A - Draft Lease Agreement 105 LEASE AGREEMENT Jee Sung Lee (Coffee Society) This Lease Agreement ( "Lease') is entered into as of the 1st day of March 1, 2014, by and between the City of Cupertino, a municipal corporation, 10300 Torre Avenue, Cupertino, CA 95014 ( "Landlord "), and Jee Sung Lee, 10800 Torre Avenue, Cupertino, CA 95014 ( "Tenant "). WHEREAS, Landlord is the owner of certain real property commonly described as being located at 10800 Torre Avenue in the City of Cupertino, County of Santa Clara, California and more particularly described in Exhibit "A" attached hereto ( "Landlord's Property "); and WHEREAS, Landlord operates on Landlord's Property a public library, and desires to have Tenant operate a cafe on the Property; and WHEREAS, Tenant desires to lease from Landlord the cafe portion of Landlord's Property (the "Leased Premises ") to operate an independently owned cafe business. NOW THEREFORE, in consideration of the promises and covenants contained herein and for other good and valuable consideration, the parties hereby agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant and Tenant leases from Landlord the Leased Premises consisting of approximately 500 square feet of interior space within the public library along with the non- exclusive right to use exterior public plaza space and more particularly depicted in Exhibit B, attached hereto, together with the nonexclusive right to use the common areas and parking areas of Landlord's Property. 2. TERM AND OPTION. 2.1 Initial Term. The term of this Lease shall be for the period commencing on March 1, 2014 ( "Commencement Date ") and ending February 28, 2019. 3. RENT. 3.1 Base Rent. Tenant agrees to pay Landlord as rent for the Premises commencing upon the Commencement Date the sums shown below in lawful money of the United States payable on or before the first day of each calendar month to the Landlord at the address shown in Section 21. a. From March 1, 2014 through February 28, 2015, the monthly sum of $1,625.00 b. From March 1, 2015 through February 29, 2016, the monthly sum of $1,675.00 c. From March 1, 2016 through February 28, 2017, the monthly sum of $1,725.00 Coffee Society Lease March 1, 2014 — February 28, 2019 106 d. From March 1, 2017 through February 28, 2018, the monthly sum of $1,775.00 e. From March 1, 2018 through February 28, 2019, the monthly sum of $1,825.00 3.2 Late Charges. Any installment of rent or any other sum due by Tenant and not received by Landlord within ten (10) days after such amount shall be due, without any requirement for notice to Tenant, shall be subject to a late charge equal to five percent (5 %) of such overdue amount. 4. TAXES. 4.1 Real Estate Taxes. For the term of this Lease, Landlord shall pay all real estate taxes and assessments levied upon Landlord's Property, if any. 4.2. Personal Property Taxes. During the term hereof, Tenant shall pay, prior to delinquency, all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of Tenant contained in the Leased Premises, and when possible Tenant shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Landlord. In the event any or all of the Tenant's fixtures, furnishings, equipment and other personal property shall be assessed and taxed with Landlord's real property, the Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of the taxes applicable to the Tenant's property. 5. USE. 5.1 Tenant's Use. Tenant shall use the Premises to operate a cafe which intends to serve beverages, coffee, tea, pastry, light lunch, dessert, and snack type items to the general public including City of Cupertino employees. Tenant shall not use the Leased Premises for any other purpose without the written consent of Landlord, which consent may be withheld in Landlord's sole and absolute discretion. Tenant, at Tenant's sole cost and expense, shall comply with all applicable municipal, state and federal statutes, ordinances, rules and regulations in effect during the term of this Lease regulating the use by Tenant of the Premises. 5.2. Uses Prohibited. Tenant shall not use nor permit the use of the Leased Premises in any manner that will tend to create waste or nuisance or unreasonably disturb other tenants and operators on Landlord's Coffee Society Lease March 1, 2014 — February 28, 2019 107 Property. No use shall be made or permitted to be made of said Premises, nor acts done, which will increase the existing rate of insurance upon the building in which said Premises may be located once said rate is established or cause a cancellation of any insurance policy covering said building or any part thereof, nor shall Tenant sell or permit to be kept, used or sold in or about said Premises, any article which may be prohibited by a standard form of fire insurance policies. Tenant shall, at its sole cost, comply with any and all requirements, pertaining to the use of said Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering said building and appurtenances. 6. ALTERATIONS AND FIXTURES. 6.1 Tenant's Rights. Tenant shall not make any alterations of the Leased Premises, or any part thereof, without the prior written consent of Landlord. Tenant shall repaint the interior walls of the Premises at Tenant's expense provided that Landlord has approved the paint color selections. Any additions to, or alterations of, said Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. Any such alterations shall be in conformance with the requirements of all municipal, state and federal authorities. All fixtures, excluding trade fixtures, that are attached to the Premises shall become at once a part of the realty and belong to Landlord on expiration or sooner termination of this Lease. 6.2 Landlord's Rights. Landlord has the right, in its sole discretion to modify, reconfigure and renovate the public library of which the Leased Premises are part; provided, however, that if the exercise of such right interferes with Tenant's quite enjoyment of use of the Leased Premises, Tenant may be relieved from the remaining term of the lease, but is not entitled to any other recourse or remedy resulting from Landlord's decision to exercise this right. 7. MAINTENANCE, REPAIRS AND ALTERATIONS. 7.1 Landlord's Obligations. Except for damage caused by any negligent or intentional act or omission of Tenant, Tenant's agents, employees, or invitees in which event Tenant shall repair the damage, Landlord, at Landlord's expense, shall keep in good order, condition and repair the foundations, exterior walls and the exterior roof of the Premises. Landlord shall have no obligation to make repairs under this Section 7.1 until a reasonable time after receipt of written notice of the need for such repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense because of Landlord's failure to keep the Premises in good order, condition and repair. Landlord, at Landlord's expense, shall keep in good order, condition and repair the Premises and every part thereof (whether or not the damaged portion of the Premises or the means of repairing the same Coffee Society Lease March 1, 2014 — February 28, 2019 1i are reasonably or readily accessible to Tenant) including, without limiting the generality of the foregoing, all plumbing, electrical and lighting facilities and equipment within the Premises, excluding trade fixtures, interior walls and interior surface of exterior walls, ceilings, windows, doors, and glass, located within the Premises. If a regulatory agency finds that there are alterations required to make the premises compliant with the Americans with Disabilities Act, Landlord shall, at Landlord's expense, make the necessary alterations to the premises. 7.2 Tenant's Obligations. (a) Tenant agrees that it will manage its operation at the highest standards of cleanliness in order to deliver an image that will appropriately blend with Premises. Tenant shall be obligated for the day -to -day maintenance and cleaning of the interior and exterior surface of windows and plate glass. Tenant agrees that it will only employ people who create a clean, well - groomed, friendly, and positive image of its business. Tenant further agrees that it will require its employees to wear a standard logo top and similar matching pants in order to present a uniform staff appearance. (b) If Tenant fails to perform Tenant's obligations under this Section or under any other section of this Lease, Landlord may at Landlord's option enter upon the Premises after ten (10) days' prior written notice to Tenant (except in case of emergency, in which case no notice shall be required), perform such obligations on Tenant's behalf and put the Premises in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall be due and payable as additional rent to Landlord together with Tenant's next rental installment. (c) On the last day of the term hereof, or on any sooner termination, Tenant shall surrender the Premises to Landlord in good condition, ordinary wear and tear excepted, clean and free of debris including the removal of Tenant's trade fixtures. Tenant shall repair any damage to the Premises occasioned by the installation or removal of its trade fixtures, furnishings and equipment. 8. INSURANCE. Landlord shall either self - insure or maintain fire and extended coverage insurance throughout the term of this Lease in an amount equal to at least ninety (90 %) percent of the value of the building which includes the Premises, together with such other insurance, including not limited to, loss of rents, flood insurance, all liability insurance, plate glass insurance, and such other insurance as Landlord deems necessary or that may be required by any governmental agency. Tenant hereby waives any right of recovery from Landlord, its officers and employees, and Landlord hereby waives any right of recovery from Tenant, its officers or employees, for any loss or damage (including consequential loss) resulting from any of the perils insured against in the standard form fire insurance policy with extended coverage endorsement. Coffee Society Lease March 1, 2014 — February 28, 2019 109 9. INDEMNIFICATION OF LANDLORD - LIABILITY INSURANCE BY TENANT. 9.1 Indemnification. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for damage to goods, wares and merchandise, in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause resulting from Tenant's use and occupation on the Premise arising at any time; and Tenant will indemnify and hold Landlord and the property of Landlord exempt and harmless from any and all claims, liabilities, loss, expenses, damage or injury resulting from Tenant's use and occupation of the Premises, including, but not limited to, any claim, liability, loss, or damage arising by reason of death or injury of any person, the damage to or destruction of any property of any person, and any work performed on said Premises or materials furnished to said Premises at the instance or request of Tenant or its agents or employees. 9.2 Tenant's Insurance. During the entire term of this Lease, the Tenant shall, at the Tenant's sole cost and expense, but for the mutual benefit of Landlord and Tenant, maintain general public liability and property damage insurance including contractual liability insurance against claims for personal injury, death, or property damage occurring in, upon or about the Premises and on any sidewalks directly adjacent to the Premises. The limitation of liability of such insurance shall be not less than One Million dollars ($1,000,000.00) in respect to any one occurrence, and to the limit of not less that One Million Dollars ($1,000,000.00) in respect to Property Damage. Landlord is to be named additional insured. All such policies of insurance shall be issued in the name of Tenant and Landlord and for the mutual and joint benefit and protection of the parties, and such policies of insurance shall include a provision requiring that the insurer give Landlord at least ten (10) days written notice before any cancellation, decrease in coverage or other material change is effective. Copies of the policy or a Certificate of Insurance thereof shall be delivered to the Landlord within fifteen (15) days after the Commencement Date stated. If Tenant fails to deliver adequate proof that it has obtained and kept in force and effect the insurance required by this Section, Landlord shall have the right, at its option and after notice to Tenant, to effect such insurance and charge the cost of the premiums to Tenant's account. 10. ABANDONMENT OF PERSONAL PROPERTY. Tenant shall not vacate or abandon the Premises at any time during the term of this Lease; and if Tenant shall abandon, vacate or surrender the Premises or be dispossessed by process of law, or otherwise, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned, at the option of Landlord, except such property as may be mortgaged to Landlord. Coffee Society Lease March 1, 2014 — February 28, 2019 110 11. UTILITIES. Tenant shall pay for telephone service, janitorial service including interior and exterior window washing and all other services used in, upon, or about the Premises by Tenant with the exception of water, sewer, trash removal from receptacles and electricity which Landlord shall pay. 12. ENTRY AND INSPECTION. Tenant shall permit Landlord and his agents to enter into and upon the Premises at all reasonable times after notice, except in case of an emergency, for the purpose of inspecting the same or for the purpose of maintaining the building in which said Premises are situated, or for the purpose of making repairs, alterations or additions to any other portion of said building, including the erection and maintenance of such scaffolding, canopy, fences and props as may be required, or for the purpose of posting notices of non - liability for alterations, additions or repairs. Landlord shall be permitted to do any of the above without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Tenant shall permit Landlord, at any time within ninety (90) days prior to the expiration of this Lease, to place upon said Premises any usual or ordinary "For Lease" signs and during such ninety (90) day period Landlord or his agents may, during normal business hours, enter upon said Premises and exhibit same to prospective tenants. 13. DAMAGE AND DESTRUCTION OF PREMISES. In the event of (a) partial destruction of said Premises or the building containing same during the term of this Lease or any extensions thereof, which requires repairs to either said Premises or said building, or (b) said Premises or said building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Tenant's act, use or occupation, which declaration requires repairs to either said Premises or said building, Landlord shall forthwith make said repairs provided Tenant gives to Landlord thirty (30) days written notice of the necessity therefore. No such partial destruction (including any destruction necessary in order to make repairs required by any declaration made by any public authority) shall in any way annul or void this Lease except that Tenant shall be entitled to a proportionate reduction of minimum guaranteed rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in said Premises. However, if during the last one year of the term of this Lease the building is damaged as a result of fire or any other insured casualty to an foundation), Landlord may, within thirty (30) days following the date such damage occurs, terminate this Lease by written notice to Tenant. If Landlord, however, elects to make said repairs, and provided Landlord uses due diligence in making said repairs, this Lease shall continue in full force and effect and the minimum guaranteed rent shall be proportionately reduced as provided above. If Landlord elects to terminate this Lease all rents shall be prorated between Landlord and Tenant as of the date of such destruction. The foregoing to the contrary notwithstanding, if the building is damaged or destroyed at any time during the term hereof to an extent of more than twenty -five (25 %) percent of its then replacement cost (excluding foundation) as a result of a casualty not Coffee Society Lease March 1, 2014 — February 28, 2019 111 insured against, Landlord may within thirty (30) days following the date of such destruction terminate this Lease upon written notice to Tenant. If Landlord does not elect to so terminate because of said uninsured casualty, Landlord shall promptly rebuild and repair said Premises and Tenant's rental obligation shall be proportionately reduced as provided above. In respect to any partial destruction (including any destruction necessary in order to make repairs required by any authorized public authority) which Landlord is obligated to repair and may elect to repair under the terms of this Article, Tenant waives any statutory right it may have to cancel this Lease as a result of such destruction. 14. SALE OF BUSINESS, ASSIGNMENT AND SUBLETTING. Tenant shall not be permitted for any reason to assign or sublet the Lease during the first twenty - four (24) months of this Lease, except as provided below. During the last twelve (12) months of this lease, Tenant shall not, without Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion, sublet the Premises or any part thereof or assign the Lease. Notwithstanding the foregoing, Tenant is permitted to sell the "Coffee Society' provided the purchaser provides the same name, type and level of service as currently offered. In the event of a sale of the business and an Assignment is executed that is acceptable to the City, Tenant will be released from all liability under this Lease. 15. EMINENT DOMAIN. If all or any part of the Premises is taken for public or quasi - public use by a governmental authority under the power of eminent domain or is conveyed to a governmental authority in lieu of such taking, and if the taking or conveyance causes the remaining part of the Premises to be untenantable and inadequate for use by Tenant for the purpose for which they were leased, then Tenant, at its option and by giving notice within fifteen (15) days after the taking, may terminate this Lease as of the date Tenant is required to surrender possession of the Premises. If a part of the Premises is taken or conveyed but the remaining part is tenantable and adequate for Tenant's use, then this Lease shall be terminated as to the part taken or conveyed as of the date Tenant surrenders possession; Landlord shall make such repairs, alterations and improvements as may be necessary to render the part not taken or conveyed tenantable; and the rent shall be reduced in proportion to the part of the Premises taken or conveyed. All compensation awarded for the taking or conveyance shall be the property of Landlord without any deduction therefrom for any estate of Tenant, and Tenant hereby assigns to Landlord all its right, title and interest in and to the award. Tenant shall have the right, however, to recover from the governmental authority, but not from Landlord, such compensation as may be awarded to Tenant on account of the interruption of Tenant's business, moving and relocation expenses and removal of Tenant's trade fixtures and personal property. 16. DEFAULT. Coffee Society Lease March 1, 2014 — February 28, 2019 112 If Tenant fails to make any payment required by the provisions of this Lease, after ten (10) days of the due date, or fails within fifteen (15) days after written notice thereof to correct any breach or default of the other covenants, terms or conditions of this Lease, or if Tenant breaches this Lease and abandons the property before the end of the term, such acts shall constitute a default under this Lease and Landlord shall have the right at any time thereafter to elect to terminate said Lease and Tenant's right to possession thereunder. Upon such termination, Landlord shall have the right to recover against Tenant: (a) The worth at the time of award of the unpaid rent, which had been earned at the time of termination; (b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Tenant proves could have been reasonably avoided; (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Tenant proves could be reasonably avoided; and (d) Any other amount necessary to compensate the Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease or which in the ordinary course of things would be likely to result therefore. The "worth at the time of award" of the amounts referred to in subsections a. and b. above shall be computed by allowing interest at ten (10 %) percent per annum or the maximum rate permitted by law. The worth at the time of award of the amount referred to in subsection c. shall be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one (1 %) percent. Such efforts as Landlord may make to mitigate the damages caused by Tenant's breach of this Lease do not constitute a waiver of Landlord's right to recover damages against Tenant hereunder, nor shall anything contained herein affect Landlord's right to indemnification against Tenant for any liability arising prior to termination of this Lease for personal injuries or property damage, and Tenant hereby agrees to indemnify and hold Landlord harmless from any such injuries and damages, including all attorney's fees and costs incurred by Landlord in defending any action brought against Landlord for any recovery thereof, and in enforcing the terms and provisions of this indemnification provision against Tenant. If Landlord elects to terminate this Lease and gives Tenant notice of such termination, upon the giving of such notice, the term of this Lease and the estate hereby granted shall expire and terminate on the effective date of the notice as fully and completely and with the same effect as if such date were the date herein fixed for the expiration of the term of this Lease and all rights of Tenant shall hereunder expire and terminate, but Tenant shall remain liable as here before provided. Coffee Society Lease March 1, 2014 — February 28, 2019 113 In the event Tenant abandons the Premises, this Lease shall terminate if the Landlord gives written notice of his belief of abandonment pursuant to Civil Code Sections 1951.2 and 1951.3. Notwithstanding any of the following, the breach of this Lease by Tenant, or an abandonment of the Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant's right of possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the right to enforce all of its rights and remedies under this Lease, including the right to recover rent, and all other payments to be made by Tenant hereunder, as it becomes due; provided, however, that until such time as Landlord elects to terminate this Lease, and Tenant's right of possession hereunder, to collect said rents, issues and profits as the become due and payable. Upon any such breach or default, Landlord shall have the right at any time thereafter, without notice except as provided for above, either in person, by agent or by a receiver to be appointed by a court, to enter and take possession of said Premises and collect such rents, issues and profits, including those past due and unpaid, and apply the same less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Landlord may determine. The parties hereto agree that acts of maintenance or preservation or efforts to re -lease the Premises, or the appointment of a receiver upon the initiative of the Landlord to protect its interests under this Lease shall not constitute a termination of Tenant's right of possession for the purposes of this Article unless accompanied by a written notice from Landlord to Tenant of Landlord's election to so terminate. Nothing contained in this Article shall in any way diminish or be construed as waiving any of the Landlord's other remedies as provided elsewhere in this Lease or by law or in equity. 17. ATTORNEY'S FEES. If Landlord is involuntarily made a party defendant to any litigation concerning this Lease or the Premises by reason of any act or omission of Tenant, then, Tenant shall hold harmless Landlord from all liabilities by reason thereof, including reasonable attorneys' fees and all costs incurred by Landlord in such litigation. Landlord shall be entitled to recover all collection costs including reasonable attorney's fees incurred by it as a result of Tenant's default as herein provided. If either Landlord or Tenant shall commence any legal proceedings against the other with respect to any of the terms and conditions of this Lease, the non - prevailing party therein shall pay to the other all expenses of said litigation, including a reasonable attorneys' fees as may be fixed by the court having jurisdiction for litigation of any matters relating to this Lease and service mailed to the address of tenants set forth herein shall be adequate service for such litigation. 18. SECURITY DEPOSIT. Tenant has deposited with Landlord the sum of Five Thousand Dollars ($5,000,00), receipt of which is hereby acknowledged by Landlord, said deposit being given to secure the faithful Coffee Society Lease March 1, 2014 — February 28, 2019 114 performance by the Tenant of all of the terms, covenants, and conditions of this Lease by the Tenant to be kept and performed during the term hereof. Tenant agrees that if the Tenant shall fail to pay the rent herein reserved promptly when due, said deposit may, at the option of the Landlord (but Landlord shall not be required to) be applied to any rent due and unpaid, and if the Tenant violates any of the other terms, covenants, and conditions of this Lease, said deposit shall be applied to any damages suffered by Landlord as a result of Tenant's default to the extent of the amount of the damages suffered. Landlord shall not be required to keep such deposit separate from its general accounts. Nothing contained in this Article shall in any way diminish or be construed as waiving any of the Landlord's other remedies as provided herein, or by law or in equity. Should the entire security deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, on the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security deposit to its original amount, and Tenant's failure to do so within fifteen (15) days after receipt of such demand, shall constitute a breach of this Lease. Should Tenant comply with all of the terms, covenants, and conditions of this Lease and promptly pay all of the rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, said security deposit shall be returned in full to Tenant at the end of the term of this Lease, or upon the earlier termination of this Lease, except in the event the Premises are sold as a result of the exercise of any power of sale under any mortgage or deed of trust, in which event this Lease shall be automatically amended to delete any reference to this Section, and Tenant shall be entitled to immediate reimbursement of its security deposit from the party then holding said deposit. This Lease does not create a trust relationship between Landlord and Tenant with respect to such security deposit, and Landlord shall be entitled to treat such security deposit as Landlord's own property. 19. HOLDING OVER. Any holding over after the expiration of the term of this Lease, with the consent of Landlord, shall be construed to be a tenancy from month to month, cancelable upon thirty (30) days written notice, and upon terms and conditions as existed during the last year of the term hereof except that the rent payable shall be one hundred and fifty percent (150 %) of the rent payable immediately preceding the termination date of this Lease. 20. BINDING EFFECT. The provisions of this Lease shall, subject to Section 14 on assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto. 21. NOTICE. All notices must be in writing and shall be delivered by hand, by nationally recognized overnight express delivery service or by U.S. registered or certified mail, to the addresses set forth below: Coffee Society Lease March 1, 2014 — February 28, 2019 115 TENANT: Jee Sung Lee Coffee Society 10800 Torre Avenue Cupertino, CA 95014 -3255 Phone: (650) 906 -6039 LANDLORD: David Brandt City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 Phone: (408) 777 -3202 22. PARTIAL INVALIDITY. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or enforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof. 23. ENTIRE AGREEMENT. This Lease sets forth the entire agreement between the parties. No amendment or modification of this Lease shall be binding or valid except by written instrument and signed by the parties. Executed as of the date first written above. Landlord: CITY OF CUPERTINO By David Brandt City Manager Tenant: JEE SUNG LEE By Jee Sung Lee Owner APPROVED AS TO FORM: Carol Korade City Attorney Coffee Society Lease March 1, 2014 — February 28, 2019 116 rsra r r� mom EXHIBIT A LANDLORDS PROPERTY CUPERTINO CIVIC CENTER 117 07 C3 EXHIBIT B LEASED PREMISES O ti 118 118 ' yT +9ss PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Cooperative Agreement between the City of Cupertino and the City of Los Altos for Pavement Maintenance Work on Homestead Road from Foothill Expressway to Stevens Creek Bridge. Recommended Action Authorize the City Manager to execute the cooperative agreement between the City of Cupertino and the City of Los Altos on behalf of the City of Cupertino in substantially similar format to the attached draft agreement. Discussion Homestead Road, in the northwest corner of Cupertino, is a boundary road owned and maintained by Cupertino, Los Altos and the City of Sunnyvale. The Cities of Cupertino and Los Altos mutually desire to improve the entire shared pavement surface on Homestead Road at one time. The City boundary between Cupertino and Los Altos runs roughly along the centerline of Homestead Road from approximately 400 feet east of Foothill Expressway to the Stevens Creek Bridge, just east of Lucky Oak Street. Provisions of the cooperative agreement designate Cupertino as the lead city administering the design and construction of the project. The design documents for this project are currently being prepared and will be included in the 2013 Pavement Project - Phase II. This project is scheduled for construction in late spring 2014. Cupertino and Los Altos each will pay 100% of the project cost incurred on their portion of the road, with Los Altos paying an additional 10% for their share of cost of project management provided by Cupertino. The entire limit of the Homestead Road pavement maintenance work (shown as Attachment A within the Draft Agreement) includes the area shared with Los Altos, plus the area of Homestead Road south of the centerline extending east to S. Bernardo Avenue, east of Highway 85. The area of Homestead Road north of the centerline from Stevens Creek Bridge to S. Bernardo Avenue is in the City of Sunnyvale. The City of Sunnyvale declined to enter into a similar agreement and has scheduled to complete 1 119 pavement maintenance in their area shortly after the Cupertino and Los Altos project is finished. This agreement will allow the entire segment of Homestead Road to be maintained efficiently and cost - effectively, providing for enhanced ride quality and reduced inconvenience to the public. For the area shared with Sunnyvale, staff will coordinate to make the improvements seamless even though they will be completed separately. Fiscal Impact The cost to improve Homestead Road is included in the current fiscal year capital improvement budget. No additional funding is needed. Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works A112roved for Submission b3�: David Brandt, City Manager Attachments: A - Draft Cooperative Agreement 2 120 COOPERATIVE AGREEMENT BETWEEN THE CITIES OF CUPERTINO AND LOS ALTOS FOR PAVEMENT MAINTENANCE WORK ON ON HOMESTEAD ROAD FROM FOOTHILL EXPRESSWAY TO STEVENS CREEK BRIDGE This agreement (herein "Agreement ") is made and entered into this _ day of _ 2014, (herein the "Effective Date ") by and between the City of Los Altos, a California municipal corporation (herein "LOS ALTOS ") and the City of Cupertino, a California municipal corporation, (herein "CUPERTINO "). LOS ALTOS and CUPERTINO may be referred to herein individually as a "Party" or a "City" or collectively as the "Parties ", "Cities" or the "Parties to this Agreement ". RECITALS WHEREAS: A. LOS ALTOS and CUPERTINO find that it is in the public interest to perform pavement maintenance work on Homestead Road between Foothill Expressway to Stevens Creek bridge over which the Cities have dual jurisdiction (hereinafter the PROJECT); and B. It is in the public interest for CUPERTINO and LOS ALTOS to complete the projects in a cooperative and economical manner by constructing both CUPERTINO and LOS ALTOS portions of the projects together; and C. Each Party had agreed to perform its obligations as described herein. In consideration of the above referenced recitals and the following mutual covenants, agreements and obligations of the Parties, LOS ALTOS and CUPERTINO agree as follows: AGREEMENT PROVISIONS PROJECTS DESCRIPTION: The work to be performed under this Agreement will consist of pavement maintenance work consisting of the placement of an asphalt rubber cape seal of approximately 7110 square yards of Homestead Road between Foothill Expressway to Stevens Creek bridge in the City of Los Altos and 4480 square yards of Homestead Road from east of Foothill Boulevard to S. Bernardo Avenue in the City of Cupertino. Attachment A provides an aerial view of these areas. The work to be performed is more fully described in the document entitled "Scope of Work and Schedule of Performance" set forth in Exhibit A. Exhibit A and Attachment A are attached and incorporated by reference. 2. CUPERTINO'S OBLIGATIONS: CUPERTINO agrees as follows: A. To act as the lead agency to administer the design and construction of the project. Administration shall include preparation of specifications, contract documents and cost estimate; notification of local businesses; coordination with various agencies; preparation of all necessary environmental document; obtaining permits; obtaining bids; awarding the construction contract; administering the construction contract; providing materials control and inspection services; secure performance, labor /material and warranty bonds and making progress payments to the contractor. B. To provide LOS ALTOS with final contract documents for the PROJECT. Page 1 of 7 121 C. To pay CUPERTINO's share of the project cost. The project cost is defined as the actual amount paid to the project construction management company and the construction contractor. CUPERTINO's share of the Cost is 100% of the project cost for the CUPERTINO owned portion of the road. D. CUPERTINO agrees to cooperate with LOS ALTOS should LOS ALTOS raise any issues concerning the work in LOS ALTOS's jurisdiction that requires correction prior to acceptance or within the warranty period. Each party to provide notice to the other party for opportunity to inspect the work supervised by the other party prior to acceptance of the work. E. The designated project manager for CUPERTINO for the duration of the project is Roger Lee (phone number (408) 777 - 3350). CUPERTINO's project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with LOS ALTOS. The CUPERTINO project manager shall consult with and obtain the approval of LOS ALTOS point of contact on any change orders affecting areas within the City of Los Altos. For the purposes of the Agreement, Cupertino's share of the pavement maintenance work consisting of the placement of an asphalt rubber cape seal from east of Foothill Expressway to S. Bernardo Avenue, based on the estimated square yardage of the areas proposed for maintenance work, is approximately 39% of the cost of the project. 3. LOS ALTOS'S OBLIGATION: LOS ALTOS agrees as follows: A. To pay LOS ALTOS's share of the project cost plus 10% administrative fee for the portion of work within the City of Los Altos. The project cost is defined as the actual amount paid to the project construction management company and the construction contractor for work completed within the City of Los Altos. LOS ALTOS's share of the Cost is 100% of the project cost for the LOS ALTOS owned portion of the road. The administrative fee shall be in addition to the LOS ALTOS'S project cost and is calculate as 10% of the project cost for the portion of work within the City of Los Altos. B. To pay its share of the project cost within forty -five (45) days of receiving an invoice from CUPERTINO, provided that the following conditions are met: 1. The project has been completed and LOS ALTOS has approved that portion of the work in its jurisdiction; and 2. The detailed invoice sets forth the cost of construction and construction management of all project work based on the actual contract unit prices paid and negotiated change order, if any; and The designated project manager for LOS ALTOS for the duration of the project is Cedric Novenario (phone number (650) 947 - 2626). LOS ALTOS's project manager shall have all the necessary authority to review and approve and accept technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with CUPERTINO. LOS ALTOS may request documentation of such cost and may review the original invoices and weight certificates or request copies of same, which shall be provided within a reasonable time. The LOS ALTOS project manager shall consult with and obtain the approval of CUPERTINO's point of contact on any change orders affecting areas within the City of Los Altos. Page 2 of 7 122 For the purposes of the Agreement, Los Altos's share of the pavement maintenance work consisting of the placement of an asphalt rubber cape seal from Foothill Expressway to Stevens Creek bridge, based on the estimated square footage of the areas proposed for maintenance work, is approximately 61% of the cost of the project plus a 10% administrative fee for work completed within the City of Los Altos. 4. TERM OF AGREEMENT: A. Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be (1) until acceptance of all covered projects by both parties and final payments of all outstanding balances or (2) one year if no work on the projects has commenced within one year of the Effective Date. B. In case of any defect in the work, materials, apparatus or equipment, whether latent or patent, revealed to CUPERTINO or LOS ALTOS, as administrator of a construction contract, within one (1) year of the date of acceptance of completion of the projects by Cupertino, the contractors awarded the projects construction contracts will forthwith remedy such defects without cost to CUPERTINO or LOS ALTOS, pursuant to Section 20, Contractor's Guarantee, of the project contract documents. 5. OWNERSHIP AND MAINTENANCE: A. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed as a part of the projects within the city limits of LOS ALTOS will automatically be vested in LOS ALTOS and all materials, equipment and appurtenances installed as a part of the projects within the city limits of CUPERTINO will be vested in CUPERTINO and no further agreement will be necessary to transfer ownership. B. This Agreement does not change any authority or responsibility between CUPERTINO and LOS ALTOS with regard to maintenance, operation or future repair responsibility. 6. CONTRACTOR AND CONSTRUCTION MANAGER SHALL BE INDEPENDENT CONTRACTORS: Any contractor(s) or construction manager(s) hired by either Party to perform the work included in the projects shall not be an agent or employee of either Party and will perform such work as independent contractor. All persons employed by or contracted with such contractor(s) to furnish labor and /or materials in connection with the work in the projects shall not be employees of either Party in any respect. 7. TERMINATION: The Agreement can be terminated only upon the mutual written consent and terms acceptable to both parties. 8. NO PLEDGING OF EITHER CITY'S CREDIT: Under no circumstances shall either LOS ALTOS or CUPERTINO have authority or power to pledge the credit of the other public entity or incur obligation in the name of the other public entity. 9. NO THIRD PARTY BENEFICIARY: This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. Page 3 of 7 123 10. AMENDMENTS: No alteration or variation of the terms of the Agreement shall be valid unless made in writing and signed by the parties and incorporated into this Agreement. 11. NOTICES: Notices are to be sent as follows: To LOS ALTOS: Cedric Novenario Transportation Project Manager City of Los Altos One North San Antonio Road LOS ALTOS, CA 94022 To CUPERTINO: Roger Lee Assistant Public Works Director City of CUPERTINO 10555 Mary Avenue CUPERTINO, CA 95014 12. SEVERABILITY CLAUSE: In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect. 13. ENCROACHMENT PERMITS: Both Parties to this Agreement will cooperate and /or provide access to consultants, engineers and contractors for the projects in the jurisdictional boundaries of each Party. Contractors shall obtain encroachment permits from LOS ALTOS and CUPERTINO, as required by encroachments necessary to complete the work and both cities shall provide such permits at no cost. i[ll:N7:�7:1_1:7► Lx.Y.y /1►1�7�► 1►11yNL \IN7►A Neither of the respective Parties, their respective City Council, employees, officers, agents and assigns shall be responsible for any damage of liability occurring by reason of anything done or omitted to be done by the other Party in connection with the projects. It is understood and agreed that pursuant to California Government Code Section 895.4, each Party shall fully indemnify and hold the other harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying Party in connection with any work, authority or jurisdiction delegated to the indemnifying Party under this Agreement. This hold harmless and indemnification provision shall apply to any activities, error or omission of each Party and /or Party's officers, employees, agents, consultants or contractor or any person or entity acting or omitting to act for or on behalf of said City or such person or entities as are specifically authorized and empowered by the respective Party to act for the Party. 15. CAPTIONS: The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation of this Agreement. Page 4 of 7 124 16. INSURANCE REQUIREMENTS: It is mutually understood and agreed that during the term of the construction activities on the projects, CUPERTINO will require the contractor(s) which performs any work on the projects to carry commercial general liability insurance policy with policy limits in an amount not less than Two Million Dollars ($2,000,000.00); automobile liability insurance policy with policy limits in an amount not less than One Million Dollars ($1,000,000.00); and a Workers' Compensation Insurance policy with policy limits in an amount not less than One Million Dollars ($1,000,000.00). CUPERTINO shall require that both LOS ALTOS and CUPERTINO, their officers, employees and agents shall be named as additional insured's on such policy. 17. STATUTES AND LAW GOVERNING CONTRACT: This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. 18. WAIVER: The parties' waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be Construed as a waiver of any other tem, condition or covenant or breach of any other term, condition or covenant. 19. ENTIRE AGREEMENT: This Agreement contains the entire Agreement between CUPERTINO and LOS ALTOS relating to the projects. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 20. OTHER AGREEMENTS: This Agreement shall not prevent either Party from entering into similar agreements with others. The Parties acknowledge and accept the term and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the effective date. Page 5 of 7 125 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the parties that this Agreement shall become operative on the Effective date: APPROVED AS TO FORM: (insert name) City Attorney ATTEST: (insert name) City Clerk APPROVED AS TO FORM: CarolKorade City Attorney ATTEST: GRACE SCHMIDT City Clerk — Cupertino CITY OF LOS ALTOS, CALIFORNIA CITY OF CUPERTINO, CALIFORNIA Page 6 of 7 126 By: By: MARCIA SOMERS City Manager City of LOS ALTOS One North San Antonio Road LOS ALTOS, CA 94022 David Brandt City Manager City of CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 Telephone: (408) 777 -3354 EXHIBIT "A" SCOPE OF WORK AND SCHEDULE OF PERFORMANCE The work to be performed under this Agreement will include pavement maintenance work consisting of the placement of an asphalt rubber cape seal of approximately 11590 square yards from Foothill Expressway to Stevens Creek bridge pavement and associated activities. The project shall include construction management and contractor activities of traffic control, replacing of all traffic striping and pavement markings, as well as incidental associated work that may be discovered during the project, as required. The work to be performed is fully described in the contract documents titled "2013 Pavement Maintenance Project — Phase II ". The contract documents are incorporated into this Agreement by reference. Attachment "A" depicts an aerial view of the area where work is to be performed. Page 7 of 7 127 HOMESTEAD RD RUBBERIZED CHIP SEAL ATTACHMENT A FOOTHILL EXPWY TO BERNARDO AVE .y LOS ALTOS 7110 SQ YDS CUPERTINO 9955 SQ YDS 128 A Legend CUPERTINO \ C LOS ALTOS #` SUNNYVALE 128 A � y�r.r9ss OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 13 -107. Recommended Action Note objections and adopt the draft resolution ordering abatement of a public nuisance (weeds). Discussion Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or destroy weeds on their property for fire protection. The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner doesn't, and allow the County to recover the costs of abatement. The process consists of eight steps that begin in November and go through August of each year. At this time, the process is at Step 4. 1. County prepares a list of all properties that have been non - compliant in removing weeds in the last three years and provides that list to the City (Nov). 2. City Council adopts a resolution declaring weeds a nuisance and setting a hearing date to hear objections by property owners to having their name on the list (Nov -Dec). 3. County sends notice to the property owners on the list notifying them of the hearing date and explaining that they must remove weeds by the abatement deadline of April 30 or it will be done for them, and the cost of the abatement plus administrative costs assessed to their property (Dec). 4. City Council holds the hearing to consider objections by property owners and adopts a resolution ordering abatement (Jan). 129 5. County sends a courtesy letter to property owners on the list notifying them again of the abatement deadline and noting that they will work with the property owner to be sure the weeds are removed (Jan). 6. After April 30, the properties are inspected by the County to verify that weeds were removed and the County proceeds with abatement if the inspection fails. County makes a list of all costs associated with the abatement and provides that list to the City (June - July). 7. City sends a notice to the property owners on the assessment list notifying them of the hearing date. (July -Aug). 8. City Council holds a hearing, notes any disputes, and adopts a resolution putting a lien assessment on the properties to allow the County to recover the cost of weed abatement (July -Aug). Fiscal Impact Any fees waived by the Council will be billed to the City by the County to cover their cost of servicing the property. Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution B - 2014 Weed Abatement Program Commencement Report C - Notice to Destroy Weeds and City of Cupertino Weed Abatement Program Schedule D - Letter to property owners from County E - Approved Resolution No. 13 -107 130 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND RESOLUTION NO. 13 -107 WHEREAS, the City Council has declared that the growth of weeds, the accumulation of garden refuse, cuttings and other combustible trash upon the private properties as described in Resolution No. 13 -107 adopted December 17, 2013, to be a public nuisance; and WHEREAS, after due notice, a hearing thereon was held at the regular meeting of the City Council on January 21, 2014; and WHEREAS, from the evidence presented, both oral and written, it appears to be in the best interests of the City to acquire jurisdiction over and abate said nuisance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Agricultural Commissioner is hereby ordered to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away; 2. That the Agricultural Commissioner and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties for the purpose of causing said public nuisance to be abated; and 3. That any affected property owners shall have the right to destroy or remove such weeds or debris himself or herself or have the same destroyed or removed at his/her own expense provided that such destruction or removal shall have been completed prior to the arrival of the Agricultural Commissioner or his authorized representative to destroy or remove them by the Parcel Abatement Deadline of April 30, 2014. BE IT FURTHER RESOLVED: 131 Resolution No. 14- Page 2 1. That the Agricultural Commissioner shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. 2. Said reports of costs, hearing and collection procedures involved shall be provided as stated in Chapter 9.08. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 21st day of January 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cupertino 132 N N N N N N N N r r N N N N N N N N N w w w w O O O O O w w w w r w O O W 00 w r r w r r r N N W r O 00 V W W CA V, O V V, W N w V, O W W 10 V lJ, Q1 O1 n z z 0 r� W W W W W W W W W W W W W W W W W w w W W W w G+ N N N N N N N N N N N N N N N N N N N s s s s d7 d7 CYO CTi C� ( K3} C� CA C37. 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CT3 C}7 Cl'€ Cist Cif 8 Q Q Q Q O 6 6 O 6 Q 6 Q Q 6 W 0 Ut Ul A -P Q N -{ -* CJt (St Cit 4 Q ( n -I M CO t J --i �t Chi 0 CO N M --* C r d r ro a x rn c� C z a a z o o x y z o r ca y 40 O 1�0 m O "o H O O O l0 O lD O H W N O IA Cl M W IA V V O �A _H H rn P oo a H V A 01 N W a1 V N W u, y � a O C] cn C4 W o � `m c c Id z a� o z r z � > o tM � rn � to � to to to to to to '� H 50 y H O H O r O m O 0 0 0 0 0 0 0 y c„ cn w L/ kA v, p v, �A C!, cA p 'A w O O O H O O O O O C� O O W O LA CC N i/, H N H W M po M M M O H W tD I� A o P P P 10 ? .A ID t0 w iN c A (:a (:a r N W v, w w w w in V CT V, C!, m O v o v, Y O v, O CT N H N M Ch W O 01 H O 01 O to D 01 J 0 N N V CT LA M 01 N Oo - -141 - - - - - - - N 0 � n O M my x -0 n ca oocmm Z z n�� Z m --i O � �o TRA 13 Notice to Destroy Weeds NOTICE IS HEREBY GIVEN that on December 17, 2013 pursuant to the provisions of Section 9.08 of the Cupertino Municipal Code, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section 9.08.010 of the Cupertino Municipal Code constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay, remove all such weeds from their property and the abutting half of the street in front and alleys, if any, behind such property and between the lot lines thereof as extended, or such weeds will be destroyed or removed and such nuisance abated by the County Agricultural Commissioner, in which case the cost of such destruction or removal will, including but not limited to administration costs, be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed and such cost will constitute a lien upon such lots or lands until paid and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of said City to be held in the Council Chambers of City Hall, located at 10300 Torre Ave., Cupertino, California, on Tuesday, January 21, 2014 at 6 :45 p.m., or as soon thereafter as the matter can be heard, when their objections will be heard and given due consideration. The language and format for this notice is required by California Health and Safety Code Sections 14891 Et. Seq. (over) 142 CITY OF CUPERTINO WEED ABATEMENT PROGRAM SCHEDULE January 21, 2014 Public hearing to consider objections to Abatement List. April 30, 2014 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July /August 2014 Assessment Hearing date to be scheduled by City Council, 2014 COUNTY WEED ABATEMENT FEES If this is your first year in the Weed Abatement Program, you will be responsible for a fee of $41.00 per parcel to cover the cost of creating and maintaining a file in our database. Please be advised that the property owner of any parcel found to be non - compliant on or after the April 15' deadline will be charged an inspection fee of $250.00 and the property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor's charges plus a County administrative fee of $169.00 per parcel. 2014 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST A) Disc Work ** PARCEL SIZE: 111 Disc + 2 "d Disc = Total Discs 0- 12,500 sq.ft. $188.49 $126.36 $314.85 12,501sq.ft.- 43,560sq.ft. $219.02 $157.97 $376.99 Larger than 1 Acre $93.72 $83.19 $176.91 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $3.05 PER 100 sgft C) FLAIL 6 Foot Mower $2.11 PER 1000 sgft MOWING 12 Foot Mower $2.11 PER 1000 sgft D) LOADER WORK $102.67 PER HOUR E) DUMP TRUCK $94.77 PER HOUR F) BRUSH WORK $3.05 PER 100 sgft G) DEBRIS REMOVAL $36.10 PER HOUR H) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement. (over) 143 County of Santa Clara Department of Agriculture and Environmental Management Weed Abatement Division 1553 Berger Drive Building 1 San Jose, CA 95112 (408) 282 -3145 Fax (408) 286 -2460 November 19, 2013 IMPORTANT NOTICE TO ABATE WEEDS Dear Property Owner; To protect your property and the surrounding area from possible fire, your jurisdiction contracts with the County of Santa Clara to operate a Weed Abatement Program. The County is providing this notice and information packet to you as part of the Program. Please read the information carefully, and call us for clarification or additional information. Your jurisdiction has or will adopt a resolution declaring your property as one that may contain potential fire hazards from weeds or other debris. In addition, your jurisdiction will be conducting a public hearing to consider an abatement order requiring you to remove any hazardous vegetation or combustible debris. The public hearing will be held on the date and at the place stated in the attached notice to destroy weeds. The public hearing provides an opportunity for you to raise any objections and /or concerns to the requirement that you remove fire- hazardous vegetation and /or debris from your property prior to the deadline provided in the attached abatement schedule, The Weed Abatement Program works in coordination with parcel owners if their property is habitat to protected species of plants and/or animals. If you believe your parcel includes an environmentally sensitive habitat, please check the box and explain this on the reply form to assist us in determining the best approach to weed abatement at your property. If after the public hearing the Weed Abatement Program is approved for your property, the County is authorized by its contract with the cities and by state law to perform an inspection of your property to determine whether the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosQd brochure), Inspections will begin after the. abatement deadline for your jurisdiction. This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. If this is your first year in the Weed Abatement Program, you will be responsible for a fee of $41.00 per parcel to cover the cost of creating and maintaining a file in our database. If you fail to complete the abatement work prior to the County inspection of your property, you will be responsible for an inspection fee of $250 per parcel and your property will be scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor, you will not incur further charges. Should the abatement work be completed by a County contractor, you will be assessed the contractor's charges plus a County administrative fee of $169 per parcel. The County will use the least costly method of abatement considering the physical characteristics of your property and environmental concerns. Fees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill following confirmation of the charges by Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Kcn Yeager, S, Joseph Simitian County Executive: Jeffrey V. Smith 1 144 your jurisdiction. Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days prior to the meeting. You can avoid all costs, other than the first year fee, by completing the abatement work yourself according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration of fire season, which typically runs through October. Parcels will be removed from the program after three (3) consecutive years of voluntary compliance (work completed prior to the deadline). In preparation for this program, please complete and return the enclosed Reply so that we are aware of your intentions regarding the maintenance of your property. If you designate in your reply that you intend to abate the weeds yourself, you are expected to complete the abatement before the deadline listed on the abatement schedule and maintain fire safe conditions for the duration of the fire season. Responding that you intend to provide maintenance yourself does not release you from this responsibility to have the maintenance completed before your deadline and repeated as necessary to maintain Minimum Fire Safe Standards. County contractors will proceed to abate hazardous vegetation as necessary after the deadline for your jurisdiction. Enclosed you will find the following information: A Reply Form specific to your property. Please complete and return promptly. A Notice to Destroy Weeds informing you of an upcoming public meeting that you must attend if you have any objections to the proposed removal of hazardous vegetation or debris from your property. A Weed Abatement Program Schedule for your city and a current County price list. A Brochure about the Santa Clara County Weed Abatement Program. Please be aware that any abatement performed by the County contractor must be in compliance with all applicable environmental protection regulations. If your property falls within an area designated as possible habitat for burrowing owls or any other protected species of bird or animal, the methods used to remove vegetation may be regulated by specific laws or local ordinances. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after the date of this letter, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be responsible for all hazard abatement charges assessed to the property. Our goal is voluntary compliance with the Minimum Fire Safety Standards, and it is our objective to ensure that all properties remain safe from fire. If you have any questions about your property or need on- site advice to help you achieve compliance with the Minimum Fire Standards, please call the Santa Clara County Weed Abatement Program at (408) 282 -3145. Sincerely, Amy Brown, Director Department of Agriculture and Environmental Management 1.45 2014 Return Reply Form IMPORTANT: Please complete this form and mail back to the Weed Abatement Program no later than January 15, 2014. Thank you. 100280 DOU 0A9'5030-3305 YVE LLC 157001NIIG R BL LOS C{1� Parcel Number Site Address 100280 DOUGHERTY AVE LLC TRA: 87 -001 111111111111111111111111 Please check the box that applies for each parcel (see explanations below: A B C 712 -26 -011 10280 DOUGHERTY MORGAN HILL ❑ ❑ ❑ i am no longer the owner of this property, and the new owner information is listed below. Please return Reply Form immediately. I I intend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from April 1, 2014 through the end of the fire season (typically runs through October). All parcels on the abatement list remain subject to inspection to ascertain compliance. Non- compliance by the deadline will result in an Inspection fee or the abatement of weeds by the County contractor and the resulting charges added to the property tax. C I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to my property tax bill. Work may commence on or about March 12th, 2014. Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvement. If your property is fenced /locked, please provide instructions on how to enter the property. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after December 1st ,2013, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be liable for all hazard abatement charges assessed to the property. Thank you 0 Please check if you feel this parcel is,environmentaly sensitive Signature Name (please print) 146 Date Day time phone Fold Here First Return Address Fold Here Second Use Staples To Secure Santa Clara County Weed Abatement Program Department of Agricultural and Environmental Management 1553 Berger Drive, Bldg. #1 San Jose, California, 95112 147 C-) . � --I � �= o m (D�_ CD w j CD w CD eQ� rL K 41 r; 0 =so Er CD C . a fD co (U 67 b 4 n �N�d c50�" �0 o 0, tV n CO OUw' an ? 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That said weeds do now constitute a public nuisance; 2. That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the Agricultural Commissioner and attached hereto; 3. That the 21st day of January, 2014, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino, is hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds may be heard; 4. That the Agricultural Commissioner is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. 150 Resolution No. 13 -107 Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of December, 2013, by the following vote: Vote Members of the City Council AYES: Wong, Sinks, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: /s/ Grace Schmidt APPROVED: /s/ Gilbert Wong Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cupertino 151 I w�T.rys� PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Long -Term Litter Reduction Plan for the City of Cupertino. Recommended Action Approve and direct staff to budget for implementation of the City's long -term trash plan to achieve 70% reduction by July 2017, and "no visual impact equivalent" (formerly 100% reduction) by July 2022. Discussion Over 70 municipalities that discharge rainwater to the San Francisco Bay were required to submit a short -term trash load reduction plan to the San Francisco Bay Regional Water Quality Control Board (Water Board) by February 1, 2012. The short -term plan has been implemented and is discussed in section 2.0 of the Long -Term Trash Reduction Plan currently proposed for submittal to the Water Board by February 1, 2014. Provision C.10.a.i of the Municipal Regional Stormwater NPDES Permit (MRP) requires permittees to demonstrate implementation of control measures and other jurisdiction - wide activities that reduce trash loads from the municipal separate storm drain system by 40% by 2014 (short term), 70% by 2017 and 100% by 2022 (long term). Staff has prepared a long -term plan, which responds to the required trash load reductions over the next eight years. The Water Board has decided not to give percentage reduction "credit" for adopting control measures. Rather, progress toward success will be evaluated based on a jurisdiction's ability to address specific problems in its "high" and "medium" trash - generating areas, in conjunction with assessments and refinement of control measures as needed to ensure success. Control measures need not be implemented in a city's low litter - generating area. Jurisdiction -wide efforts, such as public education and adopting ordinances that limit the broad distribution of materials that are particularly harmful to water quality will be sufficient to address a city's low litter - generating areas. The attached plan (Attachment A) outlines actions in the City's nine (9) trash management areas (TMAs). TMAs were delineated to combine areas with similar trash source problems, management actions and time required for implementation. The I 152 City's budget will be impacted gradually over the next eight years and then continuously into the future to pay for control measures, educational outreach and annual assessments and evaluations. It is important to note that the City's Long -Term Trash Load Reduction Plan and Assessment Strategy, which will be submitted to the San Francisco Bay Regional Water Board by February 1, 2014, is expected to undergo revisions as annual assessments, staff observations and normal development within the City provides indications of what is and is not working efficiently to accomplish trash reduction goals. What City Council would approve today may be changed annually and detailed in the City's annual report to the Water Board, as long as the City demonstrates that the progress toward litter reduction is proceeding according to the intended timeline for achievement. Water Board members and staff have conveyed that innovative and realistic efforts to solve litter problems by a municipality will be recognized as good -faith efforts. This would be the case even if the "pilot" effort does not produce the intended results, as long as the outcomes are evaluated and a new plan of action takes effect to incorporate "lessons learned." That being acknowledged, the City of Cupertino has primarily selected proven litter control measures such as installing curb inlet screens and increasing street sweeping. Other management actions, which will be needed to implement the long -term plan by 2022, do not have outcomes that are certain (e.g. engaging the Sheriff on the City's anti - litter enforcement, working with Caltrans on vehicular litter control and clean -up, and conducting public education). The attached City of Cupertino Long -Term Trash Load Reduction Plan and Assessment Strategy includes in broad outline the following planned activities to ensure the City meets the State's litter reduction requirements: • Installation of 17 full trash capture baskets inside drain inlets along high- litter- generating retail and commercial arterials (coded red and yellow on the City's Trash Generation Map included in the Plan); • Installation of 151 above - ground curb inlet screens to keep trash along high - litter- generating arterials in the City out of drain inlets and available for pick -up with a street sweeper; • Additional street sweeping (as needed) with no- parking requirements to maximize curb screen efficiency and prevent flooding; • A component for staff to investigate options for enforcement of the City's anti - litter ordinance (CMC 9.18.215) in collaboration with the Sheriff and the City's Code Enforcement staff; • Allocation of City staff time for enforcement and educational outreach projects in collaboration with the Chamber of Commerce, local schools and potentially with the Cupertino Rotary; • Allocation of staff time for the City to partner with other governmental agencies (e.g. Caltrans, neighboring cities, and school districts) especially on grant - funded projects. One regional grant program has been awarded and two separate grant proposals have been submitted by the City of Sunnyvale and Clean Water Action; 2 153 • Allocation of staff time to conduct local outreach and participate in Bay Area Stormwater Management Agency Association's (BASMAA's) regional anti - litter campaign. The City's Long -Term Trash Load Reduction Plan, which will be submitted by February 1St, is meant to be a dynamic document that details a city's good -faith strategy to attain the initial trash load reduction targets by July 2017 and July 2022. The Water Board will be reviewing each city's progress through its Annual Reports to evaluate implementation and compliance by the deadlines. The Long -Term Plan is attached to provide details of control measures implemented to date and planned for the future (subject to future assessments). If the City Council chooses to change the measures included in the Long -Term Plan, based on information provided by staff regarding observations, assessments, final costs, and feasibility, staff will submit the modified plan in the City's Annual Report to the Water Board (due by September 15th). The City will not be able to accomplish compliance with the Regional Water Board's mandate for litter reduction over the next eight years without increased public awareness of the mandates and support from Cupertino's residential, business and school communities. The Cupertino City Council took two steps toward increasing public awareness in FY 2012 -2013. The first action was amending the Municipal Code (Chapter 9.18 Water Resource Protection and adding Chapter 9.17 Regulation of Single Use Carryout Bags) to include anti - litter requirements associated with the MRP and the second was adopting the City of Cupertino's reusable bag ordinance. Staff will continue to explore options based on cost - effectiveness, feasibility of implementation by staff and benefit toward achieving the maximum litter reduction for the City, and will report any recommendations to City Council through the City's budget approval process. Sustainability Impact All options for litter reduction are intended to improve water quality. Fiscal Impact Fiscal impact will depend on the litter control and management actions selected by the City. Staff has provided estimates for the different options, but actual costs are yet to be determined. Prepared by: Cheri Donnelly, Environmental Programs Manager Reviewed by: Timm Borden, Director of Public Works A112roved for Submission by: David Brandt, City Manager Attachments: A - City of Cupertino Long -Term Trash Load Reduction Plan and Assessment Strategy 3 154 Long -Term Trash Load Reduction Plan and Assessment Strategy Submitted by: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO In compliance with Provisions C. 10.c of Order R2- 2009 -0074 January 21, 2014 155 Page Intentionally Left Blank 156 Long -Term Trash Load Reduction Plan CITY OF CUPERTINO LONG -TERM TRASH LOAD REDUCTION PLAN AND ASSESSMENT STRATEGY CERTIFICATION STATEMENT "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted, is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature by Duly Authorized Representative: Roger Lee 1 -22 -2014 Assistant Public Works Director 157 Long -Term Trash Load Reduction Plan TABLE OF CONTENTS CERTIFICATION STATEMENT ..................................................................................... ............................... III TABLEOF CONTENTS .................................................................................................. ............................... IV LISTOF TABLES .............................................................................................................. ............................... V LISTFIGURES ................................................................................................................. ............................... V LISTAPPENDICES ........................................................................................................ ............................... V APPENDIX A. STAFF REPORT TO CITY COUNCIL ADOPTING LONG -TERM PLAN ............... ............................... V ABBREVIATIONS............................................................................................................ ............................... VI PREFACE....................................................................................................................... ............................... VII 1.0 INTRODUCTION ....................................................................................................... ..............................1 1.1 PURPOSE OF LONG -TERM TRASH REDUCTION PLAN ..................................................................... ............................... 1 1.2 BACKGROUND ....................................................................................................................... ..............................2 1.2.1 Long -Term Trash Load Reduction Plan Framework ................................................. ..............................2 1.2.2 BASMAA Generation Rates Project .......................................................................... ..............................3 1.2.3 Short -Term Trash Load Reduction Plan .................................................................... ..............................4 1.3 ORGANIZATION OF LONG -TERM PLAN ........................................................................................ ..............................7 2.0 SCOPE OF THE TRASH PROBLEM .............................................................................. ..............................9 2.1 PERM ITTEE CHARACTERISTICS ................................................................................................... ..............................9 2.2 TRASH SOURCES AND PATHWAYS ........................................................................................... ............................... 10 2.3 TRASH GENERATING AREAS ..................................................................................................... .............................13 2.3.1 Generation Categories and Designation of Areas ................................................... .............................13 2.3.2 Summary of Trash Generating Areas and Sources .................................................. .............................15 3.0 TRASH MANAGEMENT AREAS AND CONTROL MEASURES ....................................... .............................18 3.1 MANAGEMENTAREA DELINEATION AND PRIORITIZATION .............................................................. .............................18 3.2 CURRENTAND PLANNEDTRASH CONTROL MEASURES .................................................................. .............................24 3.2.1 Trash Management Area # 1 ................................................................................... .............................24 3.2.2 Trash Management Area # 2 ................................................................................... .............................25 3.2.3 Trash Management Area #3 ................................................................................... .............................26 3.2.4 Trash Management Area # 4 ................................................................................... .............................27 3.2.5 Trash Management Area # 5 ................................................................................... .............................28 3.2.6 Trash Management Area # 6 ................................................................................... .............................29 3.2.7 Trash Management Area # 7 ................................................................................... .............................30 3.2.8 Trash Management Area # 8 ................................................................................... .............................31 3.2.9 Trash Management Area # 9 ................................................................................... .............................31 3.2.10 Jurisdiction -wide Control Measures ........................................................................ .............................34 3.2.11 Creek and Shoreline Hot Spot Cleanups .................................................................. .............................37 3.2.12 Summary of Trash Control Measures ...................................................................... .............................38 3.3 CONTROL MEASURE IMPLEMENTATION SCHEDULE ....................................................................... .............................41 4.0 PROGRESS ASSESSMENT STRATEGY ........................................................................ .............................46 4.1 SCVURPPP PILOT ASSESSMENT STRATEGY ............................................................................... .............................46 4.1.1 Management Questions ......................................................................................... .............................46 4.1.2 Indicators of Progress and Success ......................................................................... .............................46 4.1.3 Pilot Assessment Methods ...................................................................................... .............................47 4.2 BASMAA "TRACKING CALIFORNIA'S TRASH" PROJECT ................................................................ .............................SO iv 158 Long -Term Trash Load Reduction Plan 4.2.1 Testing of Trash Monitoring Methods .................................................................... .............................51 4.2.2 Full Capture Equivalent Studies ............................................................................... .............................51 4.3 ADDITIONAL PROGRESS ASSESSMENTS ...................................................................................... .............................51 4.4 LONG -TERM ASSESSMENT STRATEGY ........................................................................................ .............................52 4.5 IMPLEMENTATION SCHEDULE ................................................................................................... .............................53 5.0 REFERENCES ..................................................................................................... .............................55 LIST OF TABLES TABLE 1. SAN FRANCISCO BAY AREA TRASH GENERATION RATES BY LAND USE GALLONS /ACRE /YEAR. TABLE 2. PERCENTAGES OF THE CITY OF CUPERTINO'S JURISDICTIONAL AREA WITHIN LAND USE CLASSES IDENTIFIED BYABAG (2005) TABLE 3. TRASH GENERATION CATEGORIES AND ASSOCIATED GENERATION RATES GALLONS /ACRE /YEAR. TABLE 4. DEFINITIONS OF ON -LAND TRASH ASSESSMENT CONDITION CATEGORIES. TABLE 5. PERCENTAGE OF JURISDICTIONAL AREA WITHIN THE CITY OF CUPERTINO ASSIGNED TO EACH TRASH GENERATION CATEGORY. TABLE 6. JURISDICTIONAL AREA AND PERCENTAGE OF EACH TRASH MANAGEMENT AREA (TMA) COMPRISED OF TRASH GENERATION CATEGORIES TABLE 7. CITY OF CUPERTINO'S TRASH CONTROL MEASURE IMPLEMENTATION SCHEDULE. TABLE 8. TRASH CONDITION CATEGORIES USED IN THE DRAFT ON -LAND VISUAL ASSESSMENT PROTOCOL. TABLE 9. CITY OF CUPERTINO TRASH PROGRESS ASSESSMENT IMPLEMENTATION SCHEDULE. LIST FIGURES FIGURE 1. EIGHT -STEP FRAMEWORK FOR DEVELOPING, IMPLEMENTING AND REFINING LONG -TERM TRASH REDUCTION PLANS. FIGURE 2. CONCEPTUAL MODEL OF TRASH GENERATION, INTERCEPTION AND LOAD. FIGURE 3. TRASH SOURCES CATEGORIES AND TRANSPORT PATHWAYS TO URBAN CREEKS. FIGURE 4. TRASH SOURCES CATEGORIES AND TRANSPORT PATHWAYS TO URBAN CREEKS. FIGURE 5. FINAL TRASH GENERATION MAP FOR THE CITY OF CITY OF CUPERTINO FIGURE 6. TRASH MANAGEMENT AREA MAP FOR THE CITY OF CUPERTINO. FIGURE 7. TRASH FULL CAPTURE DEVICE MAP FOR THE CITY OF CUPERTINO LIST APPENDICES APPENDIX A. STAFF REPORT TO CITY COUNCIL ADOPTING LONG -TERM PLAN V 159 ABBREVIATIONS Long -Term Trash Load Reduction Plan BASMAA Bay Area Stormwater Management Agencies Association BID Business Improvement District CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation CASQA California Stormwater Quality Association CDS Continuous Deflection Separator CEQA California Environmental Quality Act CY Cubic Yards EIR Environmental Impact Report EPA Environmental Protection Agency GIS Geographic Information System MRP Municipal Regional Stormwater NPDES Permit MS4 Municipal Separate Storm Sewer System NGO Non - Govern mental Organization NPDES National Pollutant Discharge Elimination System Q Flow SFRWQCB San Francisco Regional Water Quality Control Board SWRCB State Water Resource Control Board TMDL Total Maximum Daily Load USEPA United States Environmental Protection Agency Water Board San Francisco Regional Water Quality Control Board WDR Waste Discharge Requirements vi 160 Long -Term Trash Load Reduction Plan PREFACE This Long -Term Trash Load Reduction Plan and Assessment Strategy (Long -Term Plan) is submitted in compliance with provision C.10.c of the Municipal Regional Stormwater NPDES Permit (MRP) for Phase I communities in the San Francisco Bay (Order R2- 2009 - 0074). The Long -Term Plan was developed using a regionally consistent outline and guidance developed by the Bay Area Stormwater Management Agencies Association (BASMAA) and reviewed by San Francisco Bay Regional Water Quality Control Board staff. The Long -Term Plan is consistent with the Long -Term Trash Load Reduction Framework developed in collaboration with Water Board staff. Its content is based on the City of Cupertino's current understanding of trash problems within its jurisdiction and the effectiveness of control measures designed to reduce trash impacts associated with Municipal Separate Storm Sewer (MS4) discharges. This Long -Term Plan is intended to be iterative and may be modified in the future based on information gained through the implementation of trash control measures. The City of Cupertino therefore reserves the right to revise or amend this Long -Term Plan at its discretion. If significant revisions or amendments are made by the City, a revised Long -Term Plan will be submitted to the Water Board through the City's annual reporting process. Vii 161 Long -Term Trash Load Reduction Plan 1.0 INTRODUCTION 1.1 Purpose of Long -Term Trash Reduction Plan The Municipal Regional Stormwater National Pollutant Discharge Elimination System ( NPDES) Permit for Phase I communities in the San Francisco Bay (Order R2- 2009 - 0074), also known as the Municipal Regional Permit (MRP), became effective on December 1, 2009. The MRP applies to 76 large, medium and small municipalities (cities, towns and counties) and flood control agencies in the San Francisco Bay Region, collectively referred to as Permittees. Provision C.10.c of the MRP requires Permittees to submit a Long -Term Trash Load Reduction Plan (Long -Term Plan) by February 1, 2014. Long -Term Plans must describe control measures that are currently being implemented, including the level of implementation, and additional control measures that will be implemented and /or increased level of implementation designed' to attain a 70% trash load reduction by July 1, 2017, and 100% (i.e., "No Visual Impact ") by July 1, 2022. This Long -Term Plan is submitted by the City of Cupertino in compliance with MRP provision C.10.c. Consistent with provision C.10 requirements, the goal of the Long -Term Plan is to solve trash problems in receiving waters by reducing the impacts associated with trash in discharges from the Cupertino's municipal separate storm sewer system (MS4) that are regulated by NPDES Permit requirements. The Long -Term Plan includes: 1. Descriptions of the current level of implementation of trash control measures, and the type and extent to which new or enhanced control measures will be implemented to achieve a target of 100% (i.e. full) trash reduction from MS4s by July 1, 2022, with an interim milestone of 70% reduction by July 1, 2017; 2. A description of the Trash Assessment Strategy that will be used to assess progress towards trash reduction targets achieved as a result of control measure implementation; and, 3. Time schedules for implementing control measures and the assessment strategy. The Long -Term Plan was developed using a regionally consistent outline and guidance developed by the Bay Area Stormwater Management Agencies Association (BASMAA) and reviewed by the San Francisco Bay Regional Water Quality Control Board (Water Board) staff. The Long -Term Plan is consistent with the Long -Term Trash Load Reduction Framework (see section 1.2.1) developed in collaboration with Water Board staff. Its content is based on the City of Cupertino's current understanding of trash problems within its jurisdiction and the effectiveness of control measures designed to reduce trash impacts associated with Municipal Separate Storm Sewer (MS4) discharges. The Long -Term Plan builds upon trash control measures implemented by the City prior to the adoption of the MRP and during the implementation of the Short -Term Trash Load Reduction Plan submitted to the Water Board on February 1, 2012. The Long -Term Plan was reviewed and approved for submittal by the City of Cupertino City Council on January 21, 2014. The Public Works Staff Report is attached as Appendix A. Guidance: If the Long -Term Plan is going to be approved by your Council, include the above paragraph and Attach City Council Report from January 21, 2014 as Appendix A 162 Long -Term Trash Load Reduction Plan 1.2 Background 1.2.1 Long -Term Trash Load Reduction Plan Framework A workgroup of MRP Permittee, Bay Area countywide stormwater program staff and Water Board staff met between October 2012 and March 2013 to better define the process for developing and implementing Long -Term Plans, methods for assessing progress toward reduction goals, and tracking and reporting requirements associated with provision C.10. Through these discussions, an eight -step framework for developing and implementing Long - Term Plans was created by the workgroup (Figure 1). 1. Identify and map trash generating areas 2. Identify trash sources (as needed) 3. Delineate and prioritize management areas 4. Identify /select control measures 5. Define method(s) to assess progress 8. Modify area designations & reprioritize areas / problems 7. Assess progress via defined methods 6. Implement control measures Figure 1. Eight -step framework for developing, implementing and refining Long -Term Trash Reduction Plans. The workgroup agreed that as the first step in the framework, Permittees would identify very high, high, moderate, and low trash generating areas in their jurisdictional areas. Trash generation rates developed through the BASMAA Baseline Trash Generation Rates Project (as discussed below) were used as a starting point for differentiating and delineating land areas with varying levels of trash generation. Permittees would then use local knowledge and field and /or desktop assessments to confirm or refine the level of trash generation for specific areas within their jurisdiction. Each Permittee would then develop a map depicting trash generation categories within their jurisdiction. As a next step, Permittees would then delineate and prioritize Trash Management Areas (TMAs) where specific control measures exist or are planned for implementation. TMAs delineated by Permittees are intended to serve as reporting units in the future. Reporting at the management area level provides the level of detail necessary to demonstrate implementation and progress towards trash reduction targets. Once control measures are selected and implemented, Permittees will evaluate progress toward trash reduction targets using outcome -based assessment methods. As the results of the 163 Long -Term Trash Load Reduction Plan progress assessments are available, Permittees may choose to reprioritize trash management areas and associated control measures designed to improve trash reduction within their jurisdictions. 1.2.2 BASMAA Generation Rates Project Through approval of a BASMAA regional project in 2010, Permittees agreed to work collaboratively to develop a regionally consistent method to establish trash generation rates within their jurisdictions. The project, also known as the BASMAA Trash Generation Rates Project (Generation Rates Project) assisted Permittees in establishing the rates of trash generation and identifying very high, high, moderate and low trash generating areas. The term "trash generation" refers to the rate at which trash is produced or generated onto the surface of the watershed and is potentially available for transport via MS4s to receiving waters. Generation rates do not explicitly take into account existing control measures that intercept trash prior to transport. Generation rates are expressed as trash volume /acre /year and were established via the Generation Rates Project. In contrast to trash generation, the term "trash loading" refers to the rate at which trash from MS4s enters receiving waters. Trash loading rates are also expressed as trash volume /acre /year and are equal to or less than trash generation rates because they account for the effects of control measures that intercept trash generated in an area before it is discharged to a receiving water. Trash loading rates are specific to particular areas because they are dependent upon the effectiveness of control measures implemented within an area. Figure 2 illustrates the difference between trash generation and loading. Trash Generated Trash Intercepted Trash Load Figure 2. Conceptual model of trash generation, interception and load. Trash generation rates were estimated based on factors that significantly affect trash generation (i.e., land use and income). The method used to the establish trash generation rates for each Permittee builds off "lessons learned" from previous trash loading studies conducted in urban areas (Allison and Chiew 1995; Allison et al. 1998; Armitage et al. 1998; Armitage and Rooseboom 2000; Lippner et al. 2001; Armitage 2003; Kim et al. 2004; County of Los Angeles 2002, 2004a, 2004b; Armitage 2007). The method is based on a conceptual model developed as an outgrowth of these studies (BASMAA 2011 b). Trash generation rates were developed through the quantification and characterization of trash captured in Water Board - recognized full- capture treatment devices installed in the San Francisco Bay area. Trash generation rates estimated from this study are listed for each land use type in Table 1. Methods used to develop trash generation rates are more fully described in BASMAA (2011 b, 2011 c, and 2012). 164 Long -Term Trash Load Reduction Plan Table 1. San Francisco Bay Area trash generation rates by land use (gallons /acre /year). Land Use Lowb Bestb High Commercial & Services 0.7 6.2 17.3 Industrial 2.8 8.4 17.8 Residential' 0.3-30.2 0.5-87.1 1.0-257.0 Retail' 0.7-109.7 1.8-150.0 4.6-389.1 K -12 Schools 3 6.2 11.5 Urban Parks 0.5 5.0 11.4 a For residential and retail land uses, trash generation rates are provided as a range that takes into account the correlation between rates and household median income. b For residential and retail land uses: Low = 5% confidence interval; Best = best fit regression line between generation rates and household median income; and, High = 95% confidence interval. For all other land use categories: High = 901h percentile; Best = mean generation rate; and, Low = 101h percentile. 1.2.3 Short -Term Trash Load Reduction Plan In February 2012, the City of Cupertino developed a Short -Term Plan that described the currenl level of control measures implementation and identified the type and extent to which new or enhanced control measures would be implemented to attain a 40% trash load reduction from its MS4 by July 1, 2014. Since that time, the City of Cupertino has begun to implement its short - term plan. Control measures implemented to date via the short -term trash reduction plan are: • Control Measure #1 - Product - related Ordinances 1. The City Adopted a reusable bag ordinance, effective October 1, 2013, at all retail stores, prohibiting the distribution of thin single -use plastic bags. Staff informed the Sheriff of the City's new ordinance and requested support in enforce; 2. The City adopted an internal no -foam food ware policy in November 2010, banning expanded polystyrene (EPS) foam food packaging and service ware on City property. In 2013, the City participated in San Jose's regional environmental study as a precursor to presenting Cupertino's City Council with a draft citywide EPS ordinance (on January 21, 2013) banning the distribution of foam food ware at restaurants • Control Measure #2 - Anti - littering and Illegal Dumping Enforcement Activities 1. Adopted Anti - Litter Ordinance in 2013 which allows Code Enforcement to cite for littering and require business, restaurant and grocery store managers and owners to maintain parking lots, sidewalks around the businesses' perimeter, and outdoor receptacles free from loose litter and overflowing bins; 2. Anti - litter ordinance requires outdoor public waste/ recycling/ organics "trio" bins to be provided by the developer at all new and re- developed commercial property (2013); • Control Measure #3 —Activities to Reduce Trash from Uncovered Loads 4 165 Long -Term Trash Load Reduction Plan In 2010 the City entered into a new 5 -year garbage franchise agreement wherein the hauler is required to ensure that all truck loads are covered to prevent any litter or debris from coming out of the truck while it is being driven. Control Measure #4 - Full- Capture Treatment Devices 1. The City installed fifty -two (52) full trash capture treatment devices in high litter generation areas in October 2012 while participating in the Bay Area -wide Trash Capture Demonstration Project (ABAG). The City cleaned the inlets and devices once or more before the end of 2013. In FY 13 -14, the City also inherited two full- capture devices from the City of Sunnyvale, giving Cupertino a total of 54 full- capture treatment devices. Sunnyvale had installed the Stormtek full capture treatment devices in two of the City of Cupertino's drain inlets during a pre -MRP pilot project. The two inlets are on the Cupertino /Sunnyvale border. Prior to FY 2013 -2014, the City of Sunnyvale maintained the devices. Now the City of Cupertino will maintain and assess the effectiveness of the devices. Both inlets were also fitted with curb inlet screens pre -MRP. 2. Full- capture treatment devices on new and re- developed private property - The City's stormwater ordinance (CIVIC 9.18), adopted in 2011, requires new and re- developing (C.3 regulated) commercial projects to install and maintain full trash capture devices in all storm drain inlets on private property; Control Measure #5 - Partial- Capture Treatment Devices The City installed sixty -five (65) retractable curb screens in high and medium litter generation areas in October 2012, while participating in the Bay Area -wide Trash Capture Demonstration Project (ABAG).. The City also inherited two curb inlet screens on the drain inlets where the City of Sunnyvale had installed the two (2) full- capture devices. Cupertino now has a total of 67 partial capture devices. Sunnyvale had installed them on Cupertino inlets during a 2008 (pre -MRP) full- capture pilot study. The two inlets are at the Sunnyvale border; Control Measure #6 - Enhanced Storm Drain Inlet Maintenance Increased drain inlet cleaning frequency from biennial to annual. In November 2013 the City entered into a multi - jurisdictional equipment sharing agreement (with the Town of Los Gatos and the City of Campbell). The vacuum truck owned by the Town, enables Cupertino's public works staff to clean out underground stormwater structures throughout the city in approximately three months. Additional drain inlet and new full trash capture device cleaning would not have been feasible without this equipment sharing agreement; • Control Measure #7 - Street Sweeping The City Increased street sweeping frequency to weekly in 2013 in all commercial /retail (high and medium litter generating) areas to ensure effectiveness of the City's retractable curb screen installations (October 2012); Switched to regenerative air street sweeping equipment; In July 2011 the City entered into a new five year agreement for contract street sweeping. Performance of the agreement is the responsibility of the Street Supervisor. Agreement provisions are prescriptive; performance based and provides monetary damages for poor performance. Provisions include: o PM -10 certified sweeping equipment that is in conformance with all State, Federal and Bay Area Air Quality Management requirements. 166 Long -Term Trash Load Reduction Plan • Sweeping equipment must be maintained in excellent operating condition and may not be more than seven years of age for duration of agreement. • Sweeping equipment must be equipped with automatic vehicle location device (GPS) and management device that reports all street sweeping activity to the City in real time. • Contractor must submit weekly sweeping log for each area swept detailing starting /ending odometer and cubic yards collected. • Contractor is required to coordinate with City of Cupertino Code Enforcement regarding the illegal parking of vehicles on posted streets. • Median island curbing is included with curb miles swept. Control Measure #8 - Anti - littering and Illegal Dumping Enforcement Activities 1. City Council voted to provide dual service for safe disposal of household and apartment hazardous waste (HHW). Through its garbage hauler, the City implemented a weekly (by appointment) door -to -door collection program in 2011. In 2013 Council voted to continue paying for residential participation in the countywide hazardous waste drop -off program. The dual HHW program is provided to steer people away from illegal dumping and toward safe and convenient options for disposal. 2. Through the Countywide program and the City's membership in the California Product Stewardship Council (CPSC) the City supports legislation that requires manufacturers to take back difficult -to- dispose -of products at the end of the product's life, such as paint, carpet, mattresses, appliances, televisions and pharmaceuticals. These extended producer responsibility (EPR) laws are expected to reduce the number of illegal dumping incidents; Control Measure #9 - Improved Trash Bins /Container Management 1. The City's environmental, planning and public works engineering staff collaboratively review commercial /retail development plans and place conditions on trash and dumpster areas to address past (or recent) stormwater and trash area violations. Examples of conditions of approval include, but are not limited to, trash enclosure areas are required to have a roof and sufficient capacity to house separate garbage, recycling and food waste (organics) containers with room for grease /tallow bins in secondary containment. Right -sized bin service is required to prevent bin overflow and businesses are required to provide and maintain installed outdoor public recycling- organics -trash receptacles to encourage public participation in anti - litter activities (a.k.a. the Cleaner Cupertino campaign). (See Public Education and Outreach Programs, Cleaner Cupertino Campaign description under Jurisdiction -wide Control Measures 3.2.10.) 2. Included litter reduction measures in City's garbage hauling agreement (Nov 2010), requiring all garbage /recycling customers (commercial and residential) to subscribe to right -sized service to prevent over - filling and over - flowing bins. The requirement of property owners to keep bin lids closed is restated in the City's Anti - litter ordinance (CIVIC 9.18.215 — Litter Prevention and Enforcement) • Control Measure #10 - Public Education and events: 1. The City has held an opening night cinema event at Cupertino's AMC theatre to promote BASMAA's regional anti - litter campaign (Be the Street) for teens and young adults. In M 167 Long -Term Trash Load Reduction Plan 2012, a regional campaign manager and city staff attended a Cupertino Teen Commission meeting to introduce Be the Street's social media strategy and anti - littering video contest. 2. Since 2011, Cupertino staff have hosted a table at the City's annual Earth Day, National River Cleanup Day, Fall Festival, Coastal Cleanup Day and World Water Monitoring Day events wherein students, parents and visitors complete litter quizzes to earn a reusable "Chico" shopping bag. City staff are currently launching a citywide "Bag Art" contest in collaboration with Cupertino school districts (K -12) and the City's Chamber of Commerce. Winning environmental ly-themed (e.g. water pollution prevention, waste prevention and litter prevention) artwork will be re- produced on reusable shopping bags for sale to Cupertino retailers and donated to participating schools for fundraisers. 3. City Council held a Litter Reduction Plan Study Session in August 2012 which was televised on the City Channel. Prior to the City Council's consideration of the bag ordinance, city staff held two workshops (one for businesses and one for residents) on the City's litter reduction strategy and the proposed bag ordinance. Following adoption of the bag ordinance city staff partnered with the Chamber to give presentations and answer questions at three more workshops to assist businesses with compliance and help managers and property owners understand the City's litter reduction requirements and plans to implement control measures that will affect businesses. Control Measure #11 - Reduced litter and waste discharges from local grocery stores: In 2011 the City joined EPA's Food Recovery Challenge to recognize stores for separating food waste for composting and motivate them to maintain clean, litter -free, outdoor disposal areas. In collaboration with its garbage hauler and EPA, the City of Cupertino held a food waste recovery workshop for managers of grocery stores and produce markets. City staff and its assisting partners subsequently visited the stores to promote composting, as well as right -sized bins and correct frequency of garbage service to prevent outdoor stock - piling and loose litter dispersion. Cupertino was singled out to receive EPA's national Innovation Award in December 2013 for engaging its hauler and local store managers and owners in addressing the challenge. Control measures described in this Long -Term Plan build upon actions taken to -date per Cupertino's Short -Term Plan. A full description of control measures implemented via short and long -term plans is included in section 3.2. Outcomes associated with short -term plan implementation will be reported in the City of Cupertino's Fiscal Year 2013 -14 Annual Report, scheduled for submittal to the Water Board by September 15, 2014. 1.3 Organization of Long -Term Plan This Long -Term Plan is organized into the following sections: 1.0 Introduction; 2.0 Scope of the Trash Problem; 3.0 Trash Management Areas and Control Measures; 4.0 Progress Assessment Strategies; and 5.0 References .: Long -Term Trash Load Reduction Plan Section 2.0 is intended to provide a description of the extent and magnitude of the trash problem in the City of Cupertino. Control measures that will be implemented by the City of Cupertino as a result of this Long -Term Plan are described in section 3.0. Section 4.0 describes the methods that will be used to assess progress toward trash reduction targets. 169 Long -Term Trash Load Reduction Plan 2.0 SCOPE OF THE TRASH PROBLEM 2.1 Permittee Characteristics Incorporated in 1955, the City of Cupertino, located in Santa Clara County, has a jurisdictional area of 7,239 acres. According to the 2010 Census, it has a population of 58,565, with a population density of 5,201 people per square mile and an average household occupancy of 2.84. Of the 58,565 residents who call Cupertino home, 22.1 % are under the age of 18, 11.3% are between 18 and 24, 26.8% are between 25 and 44, 27.4% are between 45 and 64, and 12.4% are 65 or older. The median household income was $120,201 (2012) and the median price of a home in Cupertino is $1.3 million (2013). In large part, home buyers are attracted to the City by its reputation for the excellent quality of education offered by its school districts. Forbes ranked it in the top 20 of the nation's most educated small towns (2009). The City of Cupertino is home to De Anza Community College and more than 170 culturally diverse restaurants. Cupertino's ethnic breakdown (per the 2010 Census) is: 63% Asian, 29% (non- Hispanic) White, 3.6% Hispanic, 3% Mixed, 0.6% Black and 0.5% other. The City of Cupertino is best known as the home of Apple Inc.'s corporate headquarters and the site of the new 176 -acre Apple Campus 2 (currently under construction). Apple currently has 15,000 employees based in Cupertino and expects to add 7,400 employees with completion of its Apple Campus 2 by 2016. Other companies headquartered in Cupertino include Amazon Lab126, and Seagate Technology. Over 60 high -tech companies have offices there, including IBM, Infogain, Red Oak Technologies and Systems Integration Solutions (SIS). Though Cupertino is home to the headquarters of many high -tech companies, very little manufacturing actually takes place in the city. The city's large office parks are primarily dedicated to management and design functions. Two state highways traverse Cupertino. The City is linked to the cities of San Francisco and San Jose by Interstate Freeway 280 which runs along most of the its northern border. State Route 85, which runs from Mountain View to South San Jose, cuts diagonally across the City at its northwest boundary to its southeast boundary. All state highways (and freeways) are owned and maintained by the California Department of Transportation (Caltrans). The City of Cupertino's has three main arterials that include Stevens Creek Boulevard (SCB, De Anza Boulevard (DAB) and Foothill Expressway (FTHE). SCB runs east and west through the middle of the City on its east end and separating the northern third of the City from its southern two - thirds at its west end. DAB runs north and south through the middle of the City. FTHE runs north and south through the westerly end of the City. Two significant collector streets include Homestead Road which runs east and west on the northerly limit of the City and Bollinger Road which runs east and west on the southerly limit of the City. While the City has control of and has prioritized the SCB, DAB and FTHE arterials for trash management control measures, its ability to manage litter dispersed from the State Highway system is strictly limited. For the significant collector streets, Homestead Avenue has portions of its areas shared with the City of Sunnyvale and the City of Los Altos. Bollinger Road is shared with the City of San Jose. MS4s do not appear to be the primary source of litter in Cupertino's creeks. Along the 139 centerline miles of City streets and in the nineteen (19) City parks / open spaces, the City of 170 Long -Term Trash Load Reduction Plan Cupertino is relatively litter -free. To support this statement, a City maintenance crew of four recently cleaned full trash capture devices from nine (9) of the City's storm drain inlets in its highest trash - generating retail areas, along Stevens Creek Blvd, Vallco Parkway and Homestead Rd. Each full- capture protected inlet is in the City's red or "high litter generating areas" on the Cupertino's Trash Generation Map. The material found in the capture devices on December 18, 2013 was predominantly leaves and dirt, with each device yielding three (3) or fewer pieces of trash per device. It is worth noting that all but one of the drain inlets with full trash capture devices also had retractable curb screens. It appears that retractable screens coupled with weekly sweeping are working well to keep litter out of the MS4. Additionally, the majority of City's streets in its "red" (potentially high trash - generating) areas have park strips that assist in detaining pedestrian and vehicular litter. City crews maintain the park strips regularly, removing the detained trash before it reaches the MS4. Land uses within the City of Cupertino depicted in ABAG (2005) are provided in Table 2. The City of Cupertino is primarily comprised of five (5) land uses. These include residential, commercial services (primarily restaurants with very few "drive -thru" establishments), retail, urban parks and schools (K -12). A State community college (De Anza) is also located within the City's boundary on the City's main arterial Stevens Creek Blvd. Table 2. Percentages of the City of Cupertino's jurisdictional area' within land use classes identified by ABAG (2005) 2.2 Trash Sources and Pathways Trash in San Francisco Bay Area creeks and shorelines originates from a variety of sources and is transported to receiving waters by a number of pathways (Figure 3). Of the four source categories, pedestrian litter includes trash sources from high traffic areas near businesses and schools, transitional areas where food /drinks are not permitted (e.g. bus stops), and from public or private special events with high volumes of people. The City of Cupertino has a janitorial contract that provides twice weekly service for trash receptacles at forty four (44) bus stops. Service includes emptying of the trash receptacles, and pickup of any trash in the immediate ' A Permittee'sjurisdictionaI area is defined as the urban land area within a Permittee's boundary that is not subject to stormwater NP DES Permit requirements for traditional and non - traditional small MS4s (i.e. Phase II MS4s) or the California Department of Transportation, or owned and maintained by the State of California, the U.S. federal government or other municipal agency or special district (e.g., flood control district). 10 171 Jurisdictional % of Land Use Category Area Jurisdictional Acres Area Commercial and Services 483.2 7.0% Industrial 278.1 4.0% Residential 3,938.2 57.2% Retail 303.6 4.4% K -12 Schools 243.7 3.5% Urban Parks 101.9 1.5% 2.2 Trash Sources and Pathways Trash in San Francisco Bay Area creeks and shorelines originates from a variety of sources and is transported to receiving waters by a number of pathways (Figure 3). Of the four source categories, pedestrian litter includes trash sources from high traffic areas near businesses and schools, transitional areas where food /drinks are not permitted (e.g. bus stops), and from public or private special events with high volumes of people. The City of Cupertino has a janitorial contract that provides twice weekly service for trash receptacles at forty four (44) bus stops. Service includes emptying of the trash receptacles, and pickup of any trash in the immediate ' A Permittee'sjurisdictionaI area is defined as the urban land area within a Permittee's boundary that is not subject to stormwater NP DES Permit requirements for traditional and non - traditional small MS4s (i.e. Phase II MS4s) or the California Department of Transportation, or owned and maintained by the State of California, the U.S. federal government or other municipal agency or special district (e.g., flood control district). 10 171 Long -Term Trash Load Reduction Plan area. Any illegal dumping that may occasionally occur near bus stops is cleaned up immediately by City crews as soon as the incident is observed or reported. Trash from vehicles occurs due to littering from automobiles and uncovered loads. The City has 35 mph speed limits on vehicles in most of the arterial streets. Less litter blows out of uncovered truck beds when the truck is traveling and slower speeds. The City's main arterial, which is also a busy truck route (Foothill Expwy) is swept three times per week. Inadequate waste container management includes sources such as overflowing or uncovered containers and dumpsters as well as the dispersion of household and business - related trash and recycling materials before, during, and after collection. The City is addressing this through its IND inspection program and enforcement of its new anti - litter ordinance. On -land illegal dumping of trash is the final source category. The City of Cupertino investigates and follows up on each illegal dumping incident Trash is transported to receiving waters through three main pathways: 1) Stormwater Conveyances; 2) Wind; and, 3) Direct Dumping. Stormwater or urban runoff conveyance systems (e.g., MS4s) consist of curbs /gutters, and pipes and channels that discharge to urban creeks and the San Francisco Bay shorelines. Wind can also blow trash directly into creeks or the Bay. Lastly, trash in receiving waters can also originate from direct dumping into urban creeks and shorelines. This Long -term Plan and associated trash control measures described in Section 3.0 are focused on reducing trash from one of the transport pathways illustrated in Figure 3- stormwater conveyances. Specifically, the Long -term Plan is focused on reducing the impacts of discharges from MS4s to San Francisco Area receiving waters and the protection of associated beneficial uses. Figure 3. Trash sources categories and transport pathways to urban creeks. 11 172 - • • - Inadequate On -land Litter from Waste Container Dumping Vehicles Management •• rt Pra hsways: Stormwater • - Dumping Conveyances Urban Creeks and the San Francisco Bay Estuary Figure 3. Trash sources categories and transport pathways to urban creeks. 11 172 Long -Term Trash Load Reduction Plan City staff have identified the following trash problem areas worth investigating to determine the management actions and resources needed to eradicate litter in the City's creeks. 1) The City has started to address direct deposit (illegal dumping) of trash at a creek hot spot. In January 2013, after the first winter rainstorms, City staff conducted a creek assessment and on -land cleanup at the City's trash hot spot at Stevens Creek near the Heney Creek confluence. On the first afternoon of the effort, staff found the banks of the creek littered with EPS foam pieces and empty spray paint cans (buoyant trash) and other non - prevalent types of trash. The amount of litter discovered was more than two staff could clean up in two hours. A cleanup event was scheduled for a few days later with about four Los Altos staff and six Cupertino staff (10 total). Los Altos and Cupertino have adjacent hot spots at this site. About ten 13- gallon bags of trash were collected, sorted and photographed. City staff came back to the site a third time to further investigate the source of the debris. Food and beverage packaging and spray paint cans were located upstream near a graffiti site adjacent to the tunnel under Freeway 280 at Stevens Creek. The tunnel may also be the site of a homeless encampment. This hot spot is on Santa Clara Valley Water District's ( SCVWD) property and is gated and locked. The cities of Cupertino and Los Altos have a five -year permit from the SCVWD to access the creek and conduct trash assessments on the creek banks. City staff will begin monthly on land cleanups in FY 14 -15 to investigate the trash sources and to better assess the effectiveness of the City's control measures at this hot spot. Control measures will include frequent cleaning, City signage, requesting Sheriff's help with graffiti and trespassing enforcement, engaging students from nearby Homestead High in volunteer cleanups (the communication is already underway) and adding a heavy trash and recycling bin that will be maintained by Environmental Programs staff (contents will be sorted and quantified). 2) The City is communicating with Caltrans and supporting a resident volunteer in his efforts to cleanup vehicular litter on Caltrans jurisdictional property at the City's access points to freeways. An enthusiastic, mature, hard - working resident came to City Hall in 2013 to ask what could be done about blight of litter and debris at the Caltrans access ramps to Highway 85 on Stevens Creek Blvd. City staff contacted Caltrans since the area is in Caltrans' jurisdiction and requires a permit for access. A Caltrans supervisor had crews come out to clean the site within a week. The freeway access points did not remain clean for long. At the City staff and resident's request, the Caltrans supervisor met with city staff and trained and authorized the resident (as a volunteer) to work on Caltrans property in Cupertino. The resident continues to work on the City's litter problem and communicates regularly with City staff to report findings, progress and ideas for new trash control measures. As resources are available City staff will assist volunteers and investigate ways to work with Caltrans on the vehicular litter problem at the City's freeway access points. City staff is continuing to communicate with Caltrans and will meet with their staff in January to discuss what can be done to clean up the freeway access points. 3) Windblown trash is being addressed by the City with bans like the City's reusable bag ordinance to prevent the distribution of lightweight, thin, single -use plastic shopping bags by retailers; and the City's proposed EPS foam ordinance which will prevent restaurants and delis from distributing lightweight, prone -to- crumble, foam food and beverage service ware and packaging. Along its major arterials, the City of Cupertino maintains landscaped park strips and medians which tend to capture windblown trash as 12 173 Long -Term Trash Load Reduction Plan 2.3 Trash Generating Areas 2.3.1 Generation Categories and Designation of Areas The process and methods used to identify the level of trash generation within the City of Cupertino are described in this section and illustrated in Figure 4. Trash Generation Rates Permittee based on BASMAA Trash Confirmation /RGfinement Final Trash Generation Project via Field Assessments and Generation Areas Evaluations Figure 4. Trash sources categories and transport pathways to urban creeks. As a first step, trash generation rates developed through the BASMAA Trash Generation Rates Project were applied to parcels within the City of Cupertino based on current land uses and 2010 household median incomes. A Draft Trash Generation Map was created as a result of this application. The draft map served as a starting point for the City of Cupertino to identify trash generating levels. Levels of trash generation are depicted on the map using four trash generation rate (gallons /acre /year) categories that are symbolized by four different colors illustrated in Table 3. Table 3. Trash generation categories and associated generation rates (gallons /acre /year). Category Very High Sign Moderate Low Generation Rate (gallons /acre /year) > 50 10 -50 5 -10 < 5 The City of Cupertino then reviewed and refined the draft trash generation map to ensure that trash generation categories were correctly assigned to parcels or groups of parcels. City staff refined maps using the following process: 1. Based upon our knowledge of trash generation and problem areas within the City, staff identified areas on the draft map that potentially had incorrect trash generation category designations. 13 174 Long -Term Trash Load Reduction Plan 2. Trash generation category designations initially assigned to areas identified in step #1 were then assessed and confirmed /refined by the City using the methods listed below. a. On -Land Visual Assessments To assist Permittees with developing their trash generation maps, BASMAA developed a Draft On -land Visual Trash Assessment Protocol (Draft Protocol). The Draft Protocol entails walking a street segment and visually observing the level of trash present on the roadway, curb and gutter, sidewalk, and other areas adjacent to the street that could potentially contribute trash to the MS4. Based on the level of trash observed, each segment (i.e., assessment area) was placed into one of four on -land assessment condition categories that are summarized in Table 4. Using the Draft Protocol the City assessed a total of 13 areas to assist in conducting /refining trash generating area designations. Combining areas that had similar characteristics and /or level of litter generation to be addressed with the same litter control measures in a similar time frame, staff merged these areas and delineated nine (9) trash management areas (TMAs), with the 9th TMA representing all of the City's "green" or very low trash generating area (primarily comprised of single - family residential homes and un- littered open space). Table 4. Definitions of on -land trash assessment condition categories. On -land Assessment Summary Definition Condition Category A Effectively no trash is observed in the assessment area. (Low) B Predominantly free of trash except for a few pieces that are easily (Moderate) observed. C Trash is widely /evenly distributed and /or small accumulations are (High) visible on the street, sidewalks, or inlets. D Trash is continuously seen throughout the assessment area, with large piles and a strong impression of lack of concern for litter in (Very High) the area. b. Querying Municipal Staff or Members of the Public Public works grounds and street maintenance supervisors provided feedback on the level of maintenance required throughout the City, noting any high trash (litter) generating areas. c. Reviewing Municipal Operations Data Staff reviewed the City inspectors' databases for tracking illegal dumping detection and elimination (IDDE) incidents and commercial (or light industrial) IND stormwater inspections. Areas with a history of violations were visited, adjacent streets and storm drain inlets were spot- checked and photographed to determine the actual level of trash generation. 14 175 Long -Term Trash Load Reduction Plan 3. Based on assessments conducted to confirm and refine trash generation category designations, the City created a final trash generation map that depicts the most current understanding of trash generation within the City of Cupertino. The City documented this process by tracking the information collected through the assessments and subsequent refinements to the Draft Trash Generation Map. The City of Cupertino's Trash Generation Map is included as Figure 5. 2.3.2 Summary of Trash Generating Areas and Sources Summary statistics for land use and trash generation categories generated through the mapping and assessment process are presented in Table 5. Table 5. Percentage of jurisdictional area within the City of Cupertino assigned to each trash generation category. Trash Commercial K -12 Urban Generation Industrial Residential Retail Other and Services Schools Parks Category Very High 0.0 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% High 273.5 10.1% 0.6% 2.0% 78.6% 0.0% 0.2% Medium 1,161.0 38.1% 23.8% 3.7% 7.6% 20.1% 6.7% Low 5,446.1 0.2% 0.0% 71.4% j 0.0% j 0.2% 0.4% 15 176 _........ _ 'viii:- �'�•;'�!� _1;': - +�'••`.' - ��- ::;:iii'. •�•:...:.:ii.i i'. Fmg �[s rl - I - �Ri - - Long -Term Trash Load Reduction Plan Page Intentionally Left Blank 17 178 Long -Term Trash Load Reduction Plan 3.0 TRASH MANAGEMENT AREAS AND CONTROL MEASURES This section describes the control measures that the City of Cupertino has or plans to implement to solve trash problems and achieve a target of 100% (i.e. full) trash reduction from their MS4 by July 1, 2022. The selection of control measures described in this section is based on the City of Cupertino's current understanding of trash problems within its jurisdiction and the effectiveness of control measures designed to reduce trash impacts associated with MS4 discharges. Information on the effectiveness of some trash control measures is currently lacking and therefore in the absence of this information, the City based its selection of control measures on existing effectiveness information, their experience in implementing trash controls and knowledge of trash problems, and costs of implementation. However, the City of Cupertino has to date installed 52 full capture devices with 49 retractable curb screens. Based on results of the maintenance of these devices in December 2013 after the first full year following installation, the curb screens complimented with frequent street sweeping appear to be effective in preventing trash from entering the MS4 (limited amounts of trash, ranging from zero to 3 pieces per full - capture device, were detained). As knowledge is gained through the implementation and monitoring of these control measures, the City may choose to refine the trash control strategy described in this section. If significant revisions or amendments are made, a revised Long -Term Plan will be submitted to the Water Board through the City of Cupertino's annual reporting process. 3.1 Management Area Delineation and Prioritization Consistent with the long -term plan framework, the City of Cupertino delineated and prioritized trash management areas (TMAs) based on the geographical distribution of trash generating areas, types of trash sources, and current or planned control measure locations. TMAs are intended to form the management units by which trash control measure implementation can be tracked and assessed for progress towards trash reduction targets. Once delineated, TMAs were also prioritized for control measure implementation. The City of Cupertino's primary management areas were selected based on the spatial distribution of trash generating areas and the location of specific existing or planned management actions within City's jurisdiction. City staff used the following procedure to designate TMAs: Cupertino's public works engineering, environmental and maintenance staff provided input for the selection of nine (9) trash management areas prioritized in order of trash generation and timeline in which the City will address the problems. TMA 1 was prioritized for the following reasons: 1) it is the City's most heavily traveled retail and commercial area along the City's main arterial, Stevens Creek Blvd; 2) It includes the City's only major shopping mall at the corner of Stevens Creek Blvd and Wolfe Rd; 3) it is the future site of the City's new Main Street development, a pedestrian, shopping and dining complex; 4) several businesses in this area have a history of stormwater and trash area violations (tracked in the City's IND inspection database). Therefore, most of the area is high - litter generating (coded "red" on the City's trash management area map). TMA 2, also a heavy retail and commercial area along Stevens Creek Blvd, is a high litter generating area ( "red" area) that provides pedestrian access to eating establishments from the Community College. It has a history of businesses with trash area violations. 1s 179 Long -Term Trash Load Reduction Plan TMA 3, along Homestead Rd, is another major retail and commercial area that serves as a pedestrian pathway from a local high school. It is a mixture of high and medium litter generating areas. Businesses in this area have a history of stormwater and trash area violations. TMA 4, along De Anza Blvd, another major arterial, is a retail and commercial area that is primarily a medium litter - generating area having fewer businesses with a history of trash area violations. TMA 5 is a high litter generating area that includes one of the City's two assigned trash "hot spots," requiring an annual assessment and cleanup. Unlike the City's other hot spot, the trash in this area is not on the decline, but continues to be heavily littered with empty spray paint cans and StyrofoamTM pieces. It may not be resolved with trash capture devices and will require further investigation. TMA 6 is the De Anza Community College campus. While not under the City's jurisdiction, City staff have partnered with faculty on projects that benefit the community and support the college curriculum. This presents an opportunity to work with the faculty and students on solving litter issues as well. TMA 7 is comprised of three types of commercial and public sites (K -12 schools, city parks and churches) which have the potential to generate high levels of litter, but are all very well maintained. TMA #7 is broken down into 5 geographical subsections so that public outreach programs can be prioritized (a through e). Area 7a is in the highest litter generation area (north of Stevens Creek Blvd.) TMA 8 is the future site of Apple Campus 2. The former industrial area is being re- developed with extremely high environmental standards. Full trash capture is required on all drain inlets and will be maintained by Apple. TMA 9 is well- maintained residential and open space area with extremely low litter generation. It represents the City's "green" area. A map depicting the City's TMAs is included as Figure 6. All jurisdictional areas within the City are included within a TMA. The amount of jurisdictional land area and associated trash condition categories for each TMA are included in Table 6. 19 :1 Long -Term Trash Load Reduction Plan Table 6. Jurisdictional area and percentage of each Trash Management Area (TMA) comprised of trash generation categories TMA Jurisdictional Area Acres � ) Trash Generation Category Very High High Moderate Low 1 239.0 0.0% 65.8% 27.8% 6.5% 2 81.2 0.0% 95.9% 0.1% 4.0% 3 133.9 0.0% 23.7% 34.2% 42.0% 4 351.2 0.0% 1.0% 96.3°% 2.7% 5 174.3 0.0% 1.5% 53.6% 44.8% 7a 18.1 0.0% 0.0% 99.8% 0.2% 7b 126.2 0.0% 0.3% 79.9% 19.8% 7c 134.0 0.0% 0.0% 85.1% 14.9% 7d 46.5 0.0% 0.0% 95.2% 4.8% 7e 110.8 0.0% 0.0% 98.9% 1.1% 8 233.1 0.0% 0.0% 98.8% 1.2% 9 5,232.2 0.0% 0.0% 0.0% 100.0% *TMA 0 and TMA 6 contain non - jurisdictional area only 20 181 21 :i Long -Term Trash Load Reduction Plan of Cupertino Trash Management Areas Ma Ile Or, .. - UK 01fi. Long -Term Trash Load Reduction Plan , b. A-2— o m � p,�,A . m — �. Mk Q Ltrp ®mot�u. mva�mc�47 0 asal B.-WrY o n2' o-s 1� o.bc o__b_ HR rna Figure 6. Trash Management Area Map for the City of Cupertino. 22 183 Page Intentionally Left Blank 23 ., Long -Term Trash Load Reduction Plan Long -Term Trash Load Reduction Plan 3.2 Current and Planned Trash Control Measures The City of Cupertino has implemented the following trash control measures: 1) installed full trash capture devices; 2) increased drain inlet cleaning; 3) installed retractable curb inlet screens; 4) enhanced street sweeping; 5) installed public outdoor waste bins; 6) provided litter education during commercial /industrial stormwater inspections; 7) educated community at City events; 8) made site visits to engage and educate stores; 8) adopted reusable bag ordinance; 9) adopted anti - littering ordinance; 10) adopted ordinance requiring developers to install full trash capture on private property; 11) increased code enforcement (added staff and re- inspection fee); 12) held creek cleanup events; 13) conducted on -land cleanups; and 14) included litter control requirements in the City's garbage franchise agreement. In addition to expanding and building on the above control measures, future implementations include adopting EPS foam (Styrofoam TM) ordinance, installing anti - litter ordinance signage, working with Caltrans to facilitate adoption of freeway on /off ramps to Cupertino through the Adopt -a- Highway program, and engaging the Sheriff's support in enforcement. 3.2.1 Trash Management Area #1 TMA 1 was prioritized for installation of full trash capture devices because it is the City's most heavily traveled retail and commercial area along the City's main arterial, Stevens Creek Blvd. and it includes the City's only major shopping mall at the corner of Stevens Creek Blvd and Wolfe Rd. It is also the future site of the new Main Street development, a pedestrian, shopping, hotel and dining complex. Several businesses in this area have a history of stormwater and trash area violations (tracked in the City's IND inspection database). Therefore, most of the area is high - litter generating (coded "red" on the City's Trash Management Area Map). Full Capture Treatment Devices In October 2012 the City installed full- capture pipe connector screens in 52 drain inlets along Stevens Creek Blvd. south of 280 on Wolfe Rd. and on Vallco Parkway. All but 3 of the drain inlets were also fitted with retractable curb inlet screens. (Reference Figure 7, Trash Full Capture Treatment Device Map.) Four (4) additional full capture devices will be installed on private property prior to July 2014 by the developer /owner of the Main Street project. The City will install four (4) additional full capture devices at the east end of Stevens Creek Blvd. by July 2020 and potentially three(3) more full capture devices along Wolfe Rd north of Fwy 280 by July 2017. In December 2013 all of the 1- year -old full capture devices in TMA 1 were cleaned. Very few pieces of trash were found in the drain inlets due to the added protection of curb inlet I.Yytr.]him Partial Capture Treatment Devices In October 2012 the City installed 47 retractable curb inlet screens in TMA 1, overlapping drain inlets with full capture devices. Maintenance is accomplished with street sweeping. Seven drain inlets, north of 280 to Homestead Rd. on Wolfe Rd., will be considered for installation of retractable curb screens and /or full capture devices after the redevelopment in that area has been completed and the City has assessed the resulting trash generation level and compared the effectiveness of full- capture devices with retractable curb screens and enhanced sweeping and annual drain inlet cleaning with the vacuum truck. Street Sweeping 24 185 Long -Term Trash Load Reduction Plan Frequency - Prior to the MRP, street sweeping was conducted weekly and parking was prohibited along all main arterials. In July 2011, the City entered into a new prescriptive street sweeping agreement that increases sweeping efficiency / trash collection. Considering the PM- 10 certified sweeping equipment and reduced sweeper speed required and observed under the new contract, the frequency of sweeping in commercial areas was reduced to twice - monthly. After retractable curb screens were installed, weekly sweeping was added (parking still prohibited) in commercial /retail areas to maximize the effectiveness of the curb screens installed in 2012, and those planned to be installed in 2014 - 2017. (Note: curb screens captured most all of the debris at the street level.) Beginning in FY 14 -15, City staff will conduct spot checks twice annually to assess the estimated quantity of trash in the gutters before and after weekly sweeping to determine if additional sweeping is warranted. If additional sweeping is needed, the City will increase sweeping frequency to ensure effectiveness. Additional sweeping in commercial areas is a bid item in the sweeping agreement and when implemented, requires the contractor to respond within 48 hours. If it is observed that a street is not swept properly, the contractor must respond within 24 hours. Sweeping Enhancement - The City entered into a new street sweeping agreement in July 2011 to improve sweep quality. New requirements include PM -10 certified sweepers, GPS tracking of curb mileage and slow sweeping speed to ensure the efficacy of litter and debris removal. Public works and parking enforcement staff also check sweeping effectiveness by considering public comments and reports and, in the course of their field work, with post- sweeping spot inspections. Enhanced Storm Drain Inlet Maintenance Pre -MRP, half of the City's MS4 was cleaned each year. In 2013, the City entered an equipment sharing agreement with the Town of Los Gatos. Having access to a large Class B vacuum truck and the efficiency it provides has enabled the City's maintenance crews to increase the frequency of maintenance to clean all of the City's MS4 annually, rather than biennially. Anti - littering and Illegal Dumping Enforcement Activities See Anti - littering and Illegal Dumping Enforcement Activities control measure description under Jurisdiction -wide Control Measures 3.2.10. New and Re- development Permit Approval Conditions The City's environmental, planning and public works engineering staff collaboratively review commercial /retail plans for re- development and place conditions on waste management areas to address past (or recent) stormwater and trash area violations. Examples of conditions of approval include, but are not limited to, trash enclosure areas with roofs, sufficient capacity to house separate garbage, recycling and food waste (organics) containers with room for grease /tallow bins in secondary containment. Right -sized bin service is required to prevent bin overflow and businesses are required to provide and maintain installed outdoor public recycling - organics -trash receptacles to encourage public participation in the Cleaner Cupertino campaign. (See Public Education and Outreach Programs, Cleaner Cupertino Campaign description under Jurisdiction -wide Control Measures 3.2.10.) 3.2.2 Trash Management Area #2 TMA 2 is prioritized for installation of full and partial- capture devices to cover the main arterials in the TMA. It is the City's second most heavily traveled retail and commercial area, along Stevens Creek Boulevard (SCB). TMA 2 also includes a pedestrian pathway to eating establishments used by students from De Anza College on SCB. Several businesses in this 25 :• Long -Term Trash Load Reduction Plan area have a history of stormwater and trash area violations (tracked in the City's IND inspection database). Therefore, TMA 2 has a high - litter generating potential (coded "red" on the City's Trash Management Area Map). Full Capture Treatment Devices Two full- capture devices will be installed east of Freeway 85 on Stevens Creek Blvd in FY 16 -17 to insure that litter from Caltrans' jurisdiction does not enter and is not transported by the City's MS4. Partial- capture Treatment Devices In October 2012 the City installed 17 retractable curb inlet screens on drain inlets in TMA 2. Maintenance is accomplished increased frequency of street sweeping starting in November 2013. In FY 14 -15 approximately 41 retractable curb screens will be installed in TMA 2 (west of De Anza Blvd.), thereby protecting the drain inlets along the pathway to food establishments along Stevens Creek Blvd. Enhanced Street Sweeping See Street Sweeping control measure description for TMA #1, 3.2.1. Enhanced Storm Drain Inlet Maintenance See Storm Drain Inlet Maintenance control measure description under Jurisdiction -wide Control Measures 3.2.10. Anti - littering and Illegal Dumping Enforcement Activities See Anti - littering and Illegal Dumping Enforcement Activities control measure description under Jurisdiction -wide Control Measures 3.2.10. New and Re- development Permit Approval Conditions The City's environmental, planning and public works engineering staff collaboratively review commercial /retail plans for re- development and place conditions on waste management areas to address past (or recent) stormwater and trash area violations. Examples of conditions of approval include, but are not limited to, trash enclosure areas with roofs, sufficient capacity to house separate garbage, recycling and food waste (organics) containers with room for grease /tallow bins in secondary containment. Right -sized bin service is required to prevent bin overflow and businesses are required to provide and maintain installed outdoor public recycling - organics -trash receptacles to encourage public participation in the Cleaner Cupertino campaign. (See Public Education and Outreach Programs, Cleaner Cupertino Campaign description under Jurisdiction -wide Control Measures 3.2.10.) 3.2.3 Trash Management Area #3 The City prioritized TMA 3 to focus on another major arterial, Homestead Road. Homestead Road forms the City's northern border adjacent to Sunnyvale and provides Homestead High students with pedestrian access to a concentration of retail and food establishments. Several businesses along Homestead in Cupertino have a history of stormwater and trash area violations. Full Capture Treatment Devices Pre -MRP the City of Sunnyvale installed pipe connector screens in 2 drain inlets on Homestead Road, immediately adjacent to a fast food restaurant with a drive -thru window. Both drain inlets were also fitted with retractable curb inlet screens. These were turned over to Cupertino, and 26 187 Long -Term Trash Load Reduction Plan are maintained by Cupertino. (Reference Figure 7, Trash Full Capture Treatment Device Map.) They were cleaned in December 2013. Very few pieces of trash were found in the drain inlets due to the added protection of curb inlet screens. Installation of two additional full- capture devices is planned in FY 15 -16 on De Anza Blvd north of Freeway 280 to insure that litter from Caltrans' jurisdiction does not enter and is not transported by the City's MS4. Partial Capture Treatment Devices Pre -MRP the City of Sunnyvale installed 2 retractable curb inlet screens on the drain inlets where they had installed full capture devices in Cupertino on Homestead Road (TMA 3). They were turned over to the City of Cupertino in September 2013 for ongoing maintenance. Curb screens will be maintained with weekly street sweeping. An additional 25 retractable curb inlet screens are planned to be installed in TMA 3 in FY15 -16. This will complete coverage of drain inlets along the heavily - traveled sections of Homestead Road in Cupertino. Enhanced Street Sweeping See Street Sweeping control measure description for TMA #1, 3.2.1. Enhanced Storm Drain Inlet Maintenance See Storm Drain Inlet Maintenance control measure description under Jurisdiction -wide Control Measures 3.2.10. Anti - littering and Illegal Dumping Enforcement Activities See Anti - littering and Illegal Dumping Enforcement Activities control measure description under Jurisdiction -wide Control Measures 3.2.10. New and Re- development Permit Approval Conditions The City's environmental, planning and public works engineering staff collaboratively review commercial /retail plans for re- development and place conditions on trash areas to address past (or recent) stormwater and trash area violations. Examples of conditions of approval include, but are not limited to, trash enclosures are required to have a roof and sufficient capacity to house separate garbage, recycling and food waste (organics) containers with room for grease /tallow bins in secondary containment. Right -sized bin service is required to prevent bin overflow and businesses are required to provide and maintain installed outdoor public recycling -organ ics- trash receptacles to encourage public participation in the Cleaner Cupertino campaign. (See Public Education and Outreach Programs, Cleaner Cupertino Campaign description under Jurisdiction -wide Control Measures 3.2.10.) 3.2.4 Trash Management Area #4 TMA 4, although it covers another major arterial (De Anza Boulevard), is primarily a medium litter - generating area (coded "yellow" on the City's Trash Management Area map). Fewer businesses with a history of uncontained litter and debris violations are located along this arterial than in TMAs 1 -3 and pedestrian travel is less since there are no high schools or community colleges in TMA 4. Full Capture Treatment Devices Installation of two full- capture devices is planned in FY 14 -15 on De Anza Blvd south of Freeway 280 to insure that litter from Caltrans' jurisdiction does not enter and is not transported by the City's MS4. Two additional full- capture devices are planned near a shopping center on Bollinger Rd. and Blaney Ave. in FY 16 -17 (Reference Figure 7, Trash Full Capture Treatment Device Map). 27 ow Long -Term Trash Load Reduction Plan Partial- Capture Treatment Devices The City has not yet installed retractable curb inlet screens on drain inlets in TMA 4, but it plans to do so for the full length of De Anza Boulevard (DAB) in FY 16 -17. DAB runs north and south through the area referred to as the "Heart of the City." Maintenance of the curb screens will be accomplished with street sweeping. An approximate 39 inlets will be fitted with retractable curb screens. This will complete coverage of the drain inlets along the heavily - traveled section of commercial and retail area in TMA 4. Enhanced Street Sweeping See Street Sweeping control measure description for TMA #1, 3.2.1. Enhanced Storm Drain Inlet Maintenance See Storm Drain Inlet Maintenance control measure description under Jurisdiction -wide Control Measures 3.2.10. Anti - littering and Illegal Dumping Enforcement Activities See Anti - littering and Illegal Dumping Enforcement Activities control measure description under Jurisdiction -wide Control Measures 3.2.10. New and Re- development Permit Approval Conditions The City's environmental, planning and public works engineering staff collaboratively review commercial /retail plans for re- development and place conditions on trash areas to address past (or recent) stormwater and trash area violations. Examples of conditions of approval include, but are not limited to, trash enclosures are required to have a roof and sufficient capacity to house separate garbage, recycling and food waste (organics) containers with room for grease /tallow bins in secondary containment. Right -sized bin service is required to prevent bin overflow and businesses are required to provide and maintain installed outdoor public recycling -organ ics- trash receptacles to encourage public participation in the Cleaner Cupertino campaign. (See Public Education and Outreach Programs, Cleaner Cupertino Campaign description under Jurisdiction -wide Control Measures 3.2.10.) 3.2.5 Trash Management Area #5 Full Capture Treatment Devices The City will install two full- capture devices along Stevens Creek Blvd. (west of the freeway access point) by July 2017. (Reference Figure 7, Trash Full Capture Treatment Device Map). Partial- Capture Treatment Devices The City will install 39 curb inlet screens along Stevens Creek Boulevard in TMA 5 by July 2016. Maintenance of the curb screens will be accomplished with weekly street sweeping Street Sweeping TMA 5 is included in the area where sweeping frequency was increased to weekly. The 18 curb - inlet screens, which will be installed by July 2016, will be monitored before, during and after rain events. By July 2017 sweeping frequency will be increased, if warranted, to ensure curb screen effectiveness. Enhanced Storm Drain Inlet Maintenance See Storm Drain Inlet Maintenance control measure description under Jurisdiction -wide Control Measures 3.2.10. 2s We Long -Term Trash Load Reduction Plan On -land Trash Cleanups In FY 14 -15 monthly on -land cleanups and assessments will be conducted at this hotspot site. City staff have recently communicated with a group of Homestead High students that volunteered to help clean the site and monitor the progress toward eradicating illegal dumping and littering. The Water District's access point to cleanup this site is on Barranca Drive and Peninsular Avenue, less than one mile from Homestead High (0.9 mile). City of Cupertino City of Sunnyvale staff met in 2013 to discuss, plan and collaborate on an outreach and participation program for Homestead High students involving on -land cleanups. The program being developed by City of Sunnyvale staff is the subject of a Water District public education and volunteer cleanup grant application submitted by the Sunnyvale staff. Cupertino staff committed to participate in and support the program throughout the duration of the grant. Hotspot Creek Cleanups and Assessments Since 2010, the City has held annual creek cleanups and assessments at its hotspot at Stevens Creek near the Heney Creek Confluence in TMA 5. Annual creek hotspot cleanups will continue to be evaluated to determine reduction in illegal dumping and trash levels. Hotspot assessments conducted since the MRP adoption led staff to prioritize TMA 5 as a site for enhanced illegal dumping and littering control measures. Anti - littering and Illegal Dumping Enforcement Activities Anti - litter and illegal dumping signage will be posted at the graffiti site next to the City's CU02 hotspot. Staff will begin to inquire about and assess the cost for additional Sheriff surveillance and enforcement at this graffiti site in FY 13 -14. If the other control measures have not demonstrated significant litter reduction, by July 2016, an agreement with the Sheriff will be pursued and recommended to City Council to address graffiti and trespassing enforcement. Improved Trash Bin /Container Management To accompany the anti - litter and illegal dumping signage that will be posted next to the City's (CU02) hotspot in TMA 5 by July 2015, one heavy trash and recycling bin will be placed at this graffiti site as a pilot. Environmental Programs staff will maintain the two bins as often as needed (at least monthly) to evaluate their effectiveness and audit any contents to track the trash sources. This suite of control measures is expected to achieve full trash capture implementation in TMA 5 by July 2017. With annual assessment(s) and adjustment(s), the City plans to reach no visual trash impact in this TMA by July 2022. 3.2.6 Trash Management Area #6 TMA 6 is De Anza College Campus. In addition to the curb inlet screens planned for Stevens Creek Boulevard (in TMA 2) which fronts the community college campus, the City will address any litter discharge from campus by placing solar compactor trash and recycling bins around the perimeter of the campus on Stevens Creek Boulevard, Stelling Road, and McClellan Road. While the City does not have jurisdiction on the campus property, it will start purchasing (beginning in FY 14 -15) several "recycling and trash solar compactor sets" as funding is received through the City's participation in CalRecycle's beverage container recycling grant program. Staff will continue to work with the Environmental Studies Department faculty to develop anti - litter and recycling outreach and education for the college students, with a specific goal of reducing campus parking lot litter. 29 190 Long -Term Trash Load Reduction Plan This suite of control measures is expected to achieve full trash capture implementation for TMA 6 by July 2018. With annual assessment(s) and adjustment(s), the City plans to observe "no visual trash impact" in this TMA by July 2022. Enhanced Storm Drain Inlet Maintenance See Storm Drain Inlet Maintenance control measure description under Jurisdiction -wide Control Measures 3.2.10. Street Sweeping TMA 6 is included in the area where sweeping frequency was increased to weekly. The curb inlet screens installed along Stevens Creek Boulevard (which borders the college campus) will be monitored before, during and after rain events. By July 2017 sweeping frequency will be increased, if warranted, to ensure curb screen effectiveness. Improved Trash Bins /Container Management The City will address any litter discharge from this community college campus by placing solar compactor trash and recycling bins around the perimeter of the campus. The City will purchase "recycling /trash solar compactor sets" as funding is received through the City's participation in CalRecycle's beverage container recycling grant program. The City will continue to purchase as many sets each year, through FY 17 -18, as the grant funding provides, with an anticipated total of 8 sets to be installed by July 2018. 3.2.7 Trash Management Area #7 The City's parks, churches and schools are very well maintained. They received a medium -low trash generation rating due to the potential for public and commercial areas to be a source of litter. Parks are cleaned daily by City maintenance staff and several of the elementary and middle school sports fields are maintained by City staff. Enhanced Storm Drain Inlet Maintenance See Storm Drain Inlet Maintenance control measure description under Jurisdiction -wide Control Measures 3.2.10. Anti - littering and Illegal Dumping Enforcement Activities Existing No Smoking Ordinance in Parks adopted in 2011 (CIVIC 10.90.020). The stormwater inspector will respond immediately if there are any reports of litter in these areas. Staff will conduct outdoor inspections around churches and schools to ensure litter -free grounds and compliance with the City's anti - littering law. Annual outdoor inspections will begin by geographical location in FY 15 -16 for TMA 7a and will continue for TMA 7b in FY 16 -17 and so on through FY 19 -20 for TMA 7e. Improved Trash Bins /Container Management Recycling -trash bin sets will be purchased for City parks starting in FY 18 -19 and the City will continue to purchase as many sets each year, through FY 21 -22, as CalRecycle beverage container grant funding provides. Currently the City receives grant funding annually from CalRecycle for beverage container recycling equipment and programs. Public Education and Outreach Programs (See Jurisdiction -wide Control Measure description under section 3.2.10) 30 191 Long -Term Trash Load Reduction Plan 3.2.8 Trash Management Area #8 TMA 8 is the site of the future Apple Campus 2. The site is being re- developed to uncommonly high environmental standards. Construction of the site is expected to be completed in 2016. One heavily traveled Cupertino road, Pruneridge Avenue, will be permanently closed between Wolfe Road and Tantau Avenue and absorbed into Apple Campus 2, in effect, converting Pruneridge Ave. into a green street equivalent. Full Capture Treatment Devices By City ordinance (Section 9.18.115), the project is required to install full trash capture devices in every drain inlet on the property. The City's engineering construction inspector will check the site upon installation of the full capture devices and again one year later to verify maintenance. Street Sweeping TMA 8 borders two of the City's arterials along commercial and retail property (Wolfe Road and Homestead Road) where street sweeping frequency has been increased to weekly. Enhanced Storm Drain Inlet Maintenance See Storm Drain Inlet Maintenance control measure description under Jurisdiction -wide Control Measures 3.2.10. 3.2.9 Trash Management Area #9 TMA 9 is the City's green (on its trash generation map), extremely low litter - generating area. It is comprised primarily of single - family homes in affluent neighborhoods. Jurisdiction -wide management actions such as enhanced storm drain inlet maintenance, the City's reusable bag ordinance (CIVIC 9.18.215), the proposed EPS foam food ware ban, the K -12 reusable bag art contest for Cupertino residents, the third -grade creek education field trip program at Blackberry Farm held in conjunction with Cupertino schools, and public education and participation at City events are expected to help maintain "no visual trash" status in TMA 9 permanently. See Jurisdiction -wide Control Measures 3.2.10. 31 192 Long -Term Trash Load Reduction Plan Figure 7. Trash Full Capture Device Map for the City of Cupertino . ;MS i MIIn I� A Na ... ....... 0 Ate^ ® till D h Cie oee° !: E9Ri 4dia T w�c Y� �. o AAPI�—BW. b R O Hm ®{IXk mlv- 3aedk.1C } o UZ' os 11A. per; o.owsa.ri +us HIS 32 193 Long -Term Trash Load Reduction Plan Page Intentionally Left Blank 33 194 Long -Term Trash Load Reduction Plan 3.2.10 Jurisdiction -wide Control Measures The City of Cupertino is in the process of implementing several citywide control measures that are feasible and address most of the City's pervasive litter and trash problems in the City. 1) Bags and foam pieces are prevalent and difficult -to- clean -up at creek cleanup events and were therefore considered for Citywide bans. The City's reusable bag ordinance became effective on October 1, 2013 and the EPS foam food packaging ban will be considered by City Council on January 21, 2014. 2) Public education is conducted whenever staff time and resources allow. The residents, students, business owners and business managers are readily engaged in the city's health and welfare and the City enjoys a high level of participation at all the community and educational events (e.g. Earth Day, World Water Monitoring Day, National River Cleanup Day, the Wildlife Fair and the Mayor's Small Business Symposium etc.). 3) The City entered into an equipment sharing agreement with a neighboring municipality this year making it possible to double its frequency of storm drain inlet cleaning. This is a control measure that the City had been trying to adopt, but was delayed due to the cost of equipment required to accomplish the task. 4) With the addition of one of the City's senior code enforcement officers (with a bachelor's degree in Communication) allocated half -time to Public Works, the City was able to enhance and strengthen its outreach to businesses and tighten up its controls on commercial and industrial stormwater compliance. The new staff person helped considerably with the City's outreach to the business community and the Cupertino Chamber of Commerce prior to the City's bag ordinance implementation and in preparation for City Council's consideration of the proposed EPS foam food ware ban. Single -Use Carryout Bag Policy The City's bag ordinance, CHAPTER 9.17: REGULATION OF SINGLE -USE CARRYOUT BAGS, was adopted in March 2013 and became effective October 1, 2013. The ordinance prohibits the distribution of thin plastic single -use shopping bags by all retailers within the City of Cupertino. The City Code is at http:// www .amlegal.com /nxt /gatewaV.dll/ California/ cupertino/ citVofcupertinocaliforniamunicipalco de ?f= templates$ fn = default .htm$3.0$vid= amlegal:cupertino ca Polystyrene Foam Food Service Ware Policy The City adopted an internal no -foam food ware policy in November 2010, banning expanded polystyrene (EPS) foam food packaging and service ware on City property. In 2013, the City participated in San Jose's regional environmental study as a precursor to presenting Cupertino's City Council with a draft citywide EPS ordinance (on January 21, 2013) banning the distribution of foam food ware at restaurants. Activities to Reduce Trash from Uncovered Loads (Enforced by Sheriff): In 2010 the City entered into a new 5 -year garbage franchise agreement wherein the hauler is required to ensure that all truck loads are covered to prevent any litter or debris from coming out of the truck while it is being driven. The City's new ordinance, municipal code 9.18.215.A.6 "Litter Prevention and Enforcement" makes it unlawful for any open vehicle or trailer to be driven or moved unless the contents or the material is constructed and loaded to ensure that litter is 34 195 Long -Term Trash Load Reduction Plan prevented from being blown from the vehicle. City staff has contacted the Sheriff's Department to notify them of the ordinance and ask for support in enforcing it. Public Education and Outreach Programs Third Grade Creek Education incorporated into Cupertino School District Curriculum Prior to the MRP the City provided and continues to provide a third -grade creek education program in conjunction with the Cupertino School District whereby the City pays to bus each third grade class in the District to McClellan Ranch for a creek field trip and lesson with the City's naturalist. A litter prevention component was introduced in 2013. Five Annual Public Events Prior to the MRP, Cupertino staff hosted a table at the City's annual Earth Day and Fall Festival events. In 2013 staff also hosted tables at National River Cleanup Day, Coastal Cleanup Day and World Water Monitoring Day events wherein students, parents and visitors complete litter quizzes to learn about the City's anti - littering ordinance and earn a reusable shopping bag. Cupertino Youth Reusable Bag Art Contest In 2013 and 2014 staff are launching a citywide "Bag Art" contest in collaboration with the City's Chamber of Commerce and Cupertino school districts (K -12). Students will design environmentally - themed (water pollution, litter and waste prevention) artwork to be re- produced on durable shopping bags for sale to Cupertino retailers and donated to participating schools for fundraisers. Outreach to Food Establishments Anti - litter outreach to stores and restaurants began when the City joined the federal EPA's Food Recovery Challenge and staff visited stores to support and encourage separating food waste for composting and keeping trash and dumpster areas clean and free of loose litter and stockpiled debris. Cleaner Cupertino Campaign Prior to implementing the bag ordinance, the City hired a graphic designer to create signage and store kits with an anti - litter and reusable bag message. The outcome was the City's Cleaner Cupertino campaign, launched in August 2013. Staff will build on the campaigns anti - litter message at all five of the City's annual community participation events. Regional Be the Street Campaign The City held an opening night cinema event at Cupertino's AMC theatre to promote BASMAA's regional anti - litter campaign (Be the Street) for teens and young adults. In 2012, a regional campaign manager and city staff attended a Cupertino Teen Commission meeting to introduce Be the Street's social media strategy and anti - littering video contest to local teens. Enhanced Storm Drain Inlet Maintenance Pre -MRP, half of the City's MS4 was cleaned each year. In 2013, the City entered an equipment sharing agreement with the Town of Los Gatos. Having access to a new vacuum truck and the efficiency it provides has enabled the City's maintenance crews to increase the frequency of maintenance to clean all of the City's MS4 annually, rather than biennially. Anti - littering and Illegal Dumping Enforcement Activities Between 2012 and 2014 the City implemented the following new control measures: 1) adopted an anti - littering ordinance (CIVIC 9.18.215) requiring businesses to maintain litter -free premises, 35 •M Long -Term Trash Load Reduction Plan beyond the store, loading dock and trash area property. Maintenance requirements now include entire parking lots, the perimeter of the stores property to the streets and sidewalks etc. Additionally business managers /owners are required to ensure their outdoor waste bin lids are closed and loose debris is not overflowing from the bins; 2) hired a senior code enforcement officer, part -time, to investigate and enforce illegal dumping and littering incidents; 3) added a re- inspection fee for businesses with trash area and litter violations (re- inspection is required to correct a violation); 4) incorporated municipal code litter education and enforcement in IND stormwater inspections; and 5) provided dual HHW disposal programs to residents to reduce illegal dumping. 36 197 Long -Term Trash Load Reduction Plan 3.2.11 Creek and Shoreline Hot Spot Cleanups The City's two trash hot spots are shown on the City's Trash Management Area Map (Figure 6). C0001 is located in TMA 7e along Calabazas Creek near the conflux of Regnart Creek and Calabazas Creek. It was chosen as the site of the City's first community creek cleanup in Fall 2008 (Pre -MRP) because of its safe access for volunteers proximity to park restrooms. C0002, selected for cleanup in FY 10 -11 at the SCV Water District's suggestion, is in TMA 5 along Stevens Creek at the conflux of Heney Creek. The sites are assessed, cleaned and photographed at least annually. Hot spot C0002, at Stevens Creek, has become an area of interest due to a nearby graffiti site. The City will test several management actions to address the litter problem starting in FY 14 -15. On the other hand, the City's hot spot site in Calabazas Creek has become cleaner each year and will be evaluated by staff to determine the most effective cleanup frequency in the future. Staff and volunteers have collected consistently less trash each year at Calabazas Creek (C0001). Yet, at Stevens Creek, even though access is blocked by a gated Water District fence, more debris was found after the first rainstorm in 2013 than in previous years. The site is downstream from a tunnel under the 280 freeway through which Stevens Creek flows. An adjacent tunnel, also under the freeway was painted with graffiti and strewn with empty spray paint cans. It appears to be a gathering spot where trash (i.e., spray paint cans, food packaging (predominantly expanded polystyrene foam pieces, cigarettes, glass bottles and broken glass) are left behind. The buoyant empty cans, sports balls and EPS foam pieces are transported downstream during rainstorms where they are caught in vegetation at a sharp bend in the creek. Staff from the Cities of Cupertino and Los Altos cleaned up the heavily - littered east bank of the creek, and the upstream tunnel in January 2013. Table 6.1 Trash Hot Spot Tracking 37 •M FY 2012- FY 2011 -12 FY 2010 -11 13 Volume of Volume of Volume Trash Trash Trash Hot Cleanup of Trash Removed Removed Dominant Type(s) of Trash Sources Spot Date Removed (cubic yards) (cubic yards) Trash (where possible) (cubic yards) C0001 2/28/2013 0.166 0.623 0.786 Plastic bags, Styrofoam, Litter, trash Calabazas Cigarette butts, accumulation, Creek Convenience /Fast food Illegal dumping near items, Aluminum cans, Regnart Sports balls Creek Conflux C0002 1/29/2013 0.980 0.810 0.487 Glass pieces, Litter, Illegal Stevens 6/30/2013 Convenience /Fast food dumping, Homeless Creek items, Spray paint cans, encampments near Cigarette butts, Sports Heney balls, Toxic substances Creek Conflux Totals 1.146 1.434 1.273 37 •M Long -Term Trash Load Reduction Plan 3.2.12 Summary of Trash Control Measures Trash Management Area 1 • Full- Capture Treatment Devices • Partial- Capture Treatment Devices • Street Sweeping • Anti - littering and Illegal Dumping Enforcement Activities As of 2013, most of TMA 1 is covered by full trash capture devices. Four (4) full- capture devices will be installed in FY 19 -20 at the east end of Stevens Creek Boulevard. Three (3) more full- capture devices are being considered for FY 16 -17 after the redevelopment of Cupertino Village and Apple Campus 2 are complete. Partial- capture devices will be installed on Wolfe Rd south of Homestead in FY 14 -15. It is believed that the equivalent of full trash capture in TMA 1 will be achieved with the addition of retractable curb inlet screens and City conditions on the Cupertino Village redevelopment project at Homestead and Wolfe Roads by July 2017. With annual assessment(s) and adjustment(s), the City plans to reach "no visual trash impact" in this TMA by July 2022. Trash Management Area 2 • Full- Capture Treatment Devices • Partial- Capture Treatment Devices • Street Sweeping • Anti - littering and Illegal Dumping Enforcement Activities Two (2) full- capture devices will be installed at the freeway access points east of Fwy 85 on Stevens Creek Boulevard in FY 16 -17. Thirty -four (34) partial- capture devices to be installed in FY 14 -15, enhanced street sweeping (no parking, slower sweeper speed and new equipment), and increased inspections and enforcement at retail and commercial sites are expected to achieve the equivalent of full trash capture in TMA 2 by July 2017 With annual assessment(s) and adjustment(s), the City plans to reach no visual trash impact in this TMA by July 2022. Trash Management Area 3 • Full- Capture Treatment Devices • Partial- Capture Treatment Devices • Street Sweeping • Anti - littering and Illegal Dumping Enforcement Activities Two (2) existing full- capture devices coupled with curb screens on Homestead Road at Stelling Road, two (2) additional full- capture devices installed north of Fwy 280 on De Anza Blvd in FY 15 -16, twenty (20) partial- capture devices to be installed in FY 15 -16 along Homestead Rd between Wolfe Rd. and Barranca Dr., enhanced street sweeping (no parking, slower sweeper speed and new equipment), and increased inspections and enforcement at retail and commercial sites are expected to achieve the equivalent of full trash capture in TMA 3 by July 2016. With annual assessment(s) and adjustment(s), the City plans to reach no visual trash impact in this TMA by July 2022. Trash Management Area 4 • Full- Capture Treatment Devices • Partial- Capture Treatment Devices 38 199 Long -Term Trash Load Reduction Plan • Street Sweeping • Anti - littering and Illegal Dumping Enforcement Activities Two (2) full- capture devices installed south of Fwy 280 on De Anza Blvd in FY 14 -15, two (2) additional full- capture devices installed, one each on Bollinger Road and Blaney Avenue, between 40 and 48 partial- capture devices along De Anza Blvd scheduled to be installed in FY 16 -17, enhanced street sweeping (no parking, slower sweeper speed and new equipment), and increased inspections and enforcement at retail and commercial sites are expected to achieve the equivalent of full trash capture in TMA 4 by July 2017. With annual assessment(s) and adjustment(s), the City plans to reach no visual trash impact in this TMA by July 2022. Trash Management Area 5 • Full- Capture Treatment Devices • On -land Trash Cleanups • Creek Cleanups • Signage • Improved Trash Bin /Container Management • Anti - littering and Illegal Dumping Enforcement Activities • Partial- Capture Treatment Devices • Street Sweeping Two full- capture devices (west of Fwy 85 near the freeway access point) will be installed along Stevens Creek Blvd. By July 2018, twenty -five (25) partial- capture retractable curb inlet screens will be installed along Steven Creek Boulevard west of Fwy 85 with weekly street sweeping. The sweeping frequency will be considered and increased, if needed, to maintain curb screen capture- effectiveness. Signage, monthly on -land cleanups, and one heavy trash and recycling bin at the City's creek hot spot site will be implemented by July 2015. An agreement with the Sheriff will be pursued to help with graffiti and trespassing enforcement in FY 16 -17. This suite of control measures is expected to achieve the equivalent of full trash capture in TMA 5 by July 2018. With annual assessment(s) and adjustment(s), the City plans to reach no visual trash impact in this TMA by July 2022. Trash Management Area 6 • Improved Trash Bin /Container Management • Public Education and Outreach Programs The City will address the litter being discharged from this community college campus by placing solar compactor trash and recycling bins around the perimeter of the campus on Stevens Creek Blvd, Stelling Rd, and McClellan Rd. Beginning in FY 14 -15, the City will purchase "installed recycling /trash solar compactor sets" as funding is received through the City's participation in CalRecycle's beverage container grant program. The City will purchase as many sets each year, through FY 17 -18, as the grant funding provides, with an anticipated total of 8 sets to be installed by July 2018. Staff will work with faculty of the Environmental Studies Department to develop anti - litter and recycling projects and education for the college students. This suite of control measures is expected to achieve the equivalent of full trash capture in TMA 6 by July 2018. With annual assessment(s) and adjustment(s), the City plans to observe "no visual trash impact" in this TMA by July 2022. Trash Management Area 7 • Improved Trash Bin /Container Management 39 200 Long -Term Trash Load Reduction Plan • Public Education and Outreach Programs • Existing No Smoking Ordinance in Parks adopted in 2011 (CIVIC 10.90.020 Smoking Prohibited) The City's parks, churches and schools are generally well maintained. They received a medium -low trash generation rating due to the potential for public and commercial areas to generate litter. Parks are cleaned daily by City maintenance staff. The City recently (2011) adopted an anti - smoking ordinance in all public recreational areas (including parks). Recycling -trash bin sets will be purchased for City parks starting in FY 18 -19 and the City will continue to purchase as many sets each year, through FY 21 -22, as CalRecycle beverage container grant funding provides. Staff will work with faculty at K -12 schools beginning in FY 16 -17 to develop anti - litter and recycling outreach and education to engage students in campus litter prevention, recycling, composting and volunteer cleanups at their schools. Most churches in Cupertino are very well maintained. Staff will conduct outdoor inspections at churches and schools to ensure litter -free grounds and compliance with the City's anti - littering law. Annual outdoor inspections will begin by geographical location in FY 15 -16 for TMA 7a and will continue for TMA 7b in FY 16 -17 and so on through FY 19 -20 for TMA 7e. With annual assessment(s) and adjustment(s), the City plans to achieve the equivalent of full trash capture in TMA 7a -7e by July 2022. Trash Management Area 8 • Full- Capture Treatment Devices TMA 8 is the site of the future Apple Campus 2. The site is being re- developed to very high environmental standards. By City ordinance, the project will be required to install full trash capture devices in every drain inlet on the property. A City stormwater inspector will check the site upon installation of the full capture devices and again one year later to verify maintenance. Construction of the site is expected to be completed in 2016. With initial assessment(s) and inspections conducted on a complaint basis and once every NPDES permit term, the City plans to observe "no visual trash impact" in From Apple Campus 2 by July 2017. Trash Management Area 9 • Single Use Carryout Bag Policy • Polystyrene Foam Food Service Ware Policy • Public Education and Outreach Programs This is the City's primarily single - family home, extremely low- trash - generating area (coded green on its trash generation map). Jurisdiction -wide management actions such as the reusable bag ordinance, the proposed EPS foam food ware ban, the reusable bag art contest for Cupertino K -12 residents, the third -grade creek education field trip program at Blackberry Farm held in conjunction with Cupertino schools, and public education and participation at City events are expected to help maintain "no visual trash impact" in this TMA permanently. 40 201 Long -Term Trash Load Reduction Plan 3.3 Control Measure Implementation Schedule The City of Cupertino will implement the following control measure implementation schedule in FY 2013 -2014 through FY 2021 -2022. Updates to this schedule, if any, will be based on assessment results that indicate a potential for greater efficiency and /or cost savings without compromising progress toward the City's plan to reduce trash and litter discharges by 70% before July 2017 and 0% visual impact by July 2022. The table clearly demonstrates: 1) actions initiated prior to and continued after the MRP effective date (December 2009); 2) actions initiated after the MRP effective date and implemented prior to July 1, 2014; and 3) actions planned for future implementation between July 2014 and July 2022. 41 202 This page intentionally left blank 42 203 Long -Term Trash Load Reduction Plan Long -Term Trash Load Reduction Plan Table 7. City of Cupertino's trash control measure implementation schedule. 43 204 Short -Term Long -Term O r r r N r M r LO r <D r r 00 r O r O N r N N N Trash Management Area and N N N N N N N N N N N N N Control Measures a- 0) O O r r N r M v r Ln r cn r 00 r 0) r O N N N N N N N N N N N N N N N a- u_ u_ u_ u_ LL u_ u_ LL u_ u_ u_ u_ LL TMA #1 Full- Capture Treatment Devices 52 X 4 3 4 Full- Capture Treatment Devices — (Main 4 Street Developer) Partial- Capture Treatment Devices 49 7 Enhanced Street Sweeping X X X X X X X X X X X X Anti - littering & Illegal Dumping Enforcement X X X X X X X X X X TMA #2 Full- Capture Treatment Devices (east of 2 Fw 85 on SCB ) Partial- Capture Treatment Devices 17 41 Enhanced Street Sweeping X X X X X X X X X X X X Anti - littering & Illegal Dumping Enforcement X X X X X X X X X X TMA #3 Full- Capture Treatment Devices 2 2 (Sunnyvale installed for 2008 Pilot Partial- Capture Treatment Devices along Homestead (Sunnyvale installed in 2008 for X X X X 2 25 pilot) Enhanced Street Sweeping X X X X X X X X X X X X Anti - littering & Illegal Dumping Enforcement X X X X X X X X X X TMA #4 Full- Capture Treatment Devices (2 @ 280 2 2 and DAB & 2 @ Blaney & Bollinger) Partial- Capture Treatment Devices - on all 39 the City's curb inlets along De Anza Blvd 43 204 Long -Term Trash Load Reduction Plan 44 205 Short -Term Long -Term O r r r N r M r LO r <D r r 00 r O r O N r N uCV N Trash Management Area and N N N N N N N N N N N N N Control Measures a rn O O r r N r M v r LO r cn 1 r 00 r rn r O N N N N N N N N N N N N N N N a u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ Enhanced Street Sweeping X X X X X X X X X X X X Improved Trash Bin /Container Management 7 (City Hall, Community Hall, Library) sets Anti - littering & Illegal Dumping Enforcement X X X X X X X X X X TMA #5 On -land trash cleanups - annual X X X X X X X X X X X X X X On -land trash cleanups — monthly (frequency reduced as need declines X X X due to other control measures Creek cleanups X X X X X X X X X X X X X X Improved Trash Bin /Container Management 2 bins Anti - littering & Illegal Dumping Enforcement X X X X X X X X X — Municipal Code Si na e Partial- Capture Treatment Devices 39 SCB from 85 to BB Farm Golf Course Full- Capture Treatment Devices (west of 2 Fwy 85 on SCB Enhanced Street Sweeping X X X X X X X X X X X X Public Education & Outreach to High School X X X X X X X X X TMA #6 Improved Trash Bin /Container Management X X X X Public Education and Outreach Programs X X X X X X X X TMA #7 Improved Trash Bin /Container Management X X X X Public Education and Outreach Programs X X X X X X X X 7a X 7b X 7c X 7d X 7e X X Existing No Smoking Ordinance in Parks adopted in 2011 (CIVIC 10.90.020 Smoking X X X X X X X X X X X Prohibited 44 205 Long -Term Trash Load Reduction Plan 'July 1, 2014 40% trash reduction target bJuly 1, 2014 70% trash reduction target 'July 1, 2022 100% trash reduction target 45 206 Short -Term Long -Term O r r r N r M r LO r <D r r 00 r O r O N r N uCV N Trash Management Area and N N N N N N N N N N N N N Control Measures a rn O O r r N r M v r LO r cn 1 r 00 r rn r O N N N N N N N N N N N N N N N CL u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ u_ TMA #8 Full- Capture Treatment Devices (Apple X X Campus 2 and City Inspections) TMA #9 Single Use Carryout Bag Policy X X X X X X X X X Improved Trash Bin /Container Management 15 (Blackberry Farm sets Polystyrene Foam Food Service Ware Policy X X X X X X X X Public Education and Outreach Programs X X X X X X X X X X X X X X Jurisdiction -wide Control Measures Single Use Carryout Bag Policy X X X X X X X X X Polystyrene Foam Food Service Ware Policy X X X X X X X X Public Education and Outreach Programs X X X X X X X X X X X X X X Enhance Storm Drain Inlet Maintenance X X X X X X X X X increased from biennially to annual) Anti - littering & Illegal Dumping Enforcement X X X X X X X X X Creek and Shoreline Hot Spot Cleanups On -land trash cleanups X X X X X X X X X X X X X X Creek cleanups X X X X X X X X X X X X X X Install Signage X Improved Trash Bin /Container Management X see TMA #5 —install 2 bins 'July 1, 2014 40% trash reduction target bJuly 1, 2014 70% trash reduction target 'July 1, 2022 100% trash reduction target 45 206 Baseline Trash Load and Short -Term Trash Load Reduction Plan 4.0 PROGRESS ASSESSMENT STRATEGY Provision C.10.a.ii of the MRP requires Permittees to develop and implement a trash load reduction tracking method that will be used to account for trash load reduction actions and to demonstrate progress and attainment of trash load reduction targets. Early into the MRP, Permittees decided to work collaboratively to develop a trash load reduction tracking method through the Bay Area Stormwater Management Agencies Association (BASMAA). Permittees, Water Board staff and other stakeholders assisted in developing Version 1.0 of the tracking method. On behalf of all MRP Permittees, the Bay Area Stormwater Management Agencies Association (BASMAA) submitted Version 1.0 to the Water Board on February 1, 2012. The Trash Assessment Strategy (Strategy) described in this section is intended to serve as Version 2.0 of the trash tracking method and replace version 1.0 previously submitted to the Water Board. The Strategy is specific to Permittees participating in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), including the City of Cupertino. The City intends to implement the Strategy in phases and at multiple geographical scales (i.e., jurisdiction -wide and trash management area) in collaboration with SCVURPPP. Pilot implementation is scheduled for the near -term and as assessment methods are tested and refined, the Strategy will be adapted into a longer -term approach. The Strategy selected by the City is described in the following sections. 4.1 SCVURPPP Pilot Assessment Strategy The following SCVURPPP Pilot Trash Assessment Strategy (SCVURPPP Pilot Strategy) was developed by SCVURPPP on behalf of the City and other Santa Clara Valley Permittees. The SCVURPPP Pilot Strategy will be implemented at a pilot scale on a countywide basis and includes measurements and observations in the City of Cupertino. 4.1.1 Management Questions The SCVURPPP Pilot Strategy is intended to answer the following core management questions over time as trash control measures outlined in section 3.0 are implemented and refined: • Are the MS4 trash load reduction targets being achieved? • Have trash problems in receiving waters been resolved? • If trash problems in receiving waters exist, what are the important sources and transport pathways? The SCVURPPP Pilot Strategy, including indicators and methods, is summarized in this section and fully described in the SCVURPPP Pilot Trash Assessment Strategy, a compendium document submitted to the Water Board on February 1, 2014 on behalf of all SCVURPPP Permittees (SCVURPPP 2014). 4.1.2 Indicators of Progress and Success The management questions listed in the previous section will be addressed by tracking information and collecting data needed to report on a set of key environmental indicators. Environmental indicators are simple measures that communicate what is happening in the environment. Since trash in the environment is very complex, indicators provide a more practical 46 207 Long -Term Trash Load Reduction Plan and economical way to track the state of the environment than if we attempted to record every possible variable. With regard to municipal stormwater trash management, indicators are intended to detect progress towards trash load reduction targets and solving trash problems. Ideally, indicators should be robust and able to detect progress that is attributable to multiple types of trash control measure implementation scenarios. Assessment results should also provide Permittees with an adequate level of confidence that trash load reductions from MS4s have occurred, while also assessing whether trash problems in receiving waters have been resolved. Indicators must also be cost effective, relatively easy to generate, and understandable to stakeholders. Primary and secondary indicators that SCVURPPP Permittees will use to answer core management questions include: Primary Indicators: 1 -A Reduction in the level of trash present on -land and available to MS4s 1 -B Effective full capture device operation and maintenance Secondary Indicators: 2 -A Successful levels of trash control measures implementation 2 -B Reductions in the amount of trash in receiving waters In selecting the indicators above, the City of Cupertino in collaboration with SCVURPPP and other SCVURPPP Permittees recognize that no one environmental indicator will provide the information necessary to effectively determine progress made in reducing trash discharged from MS4s and improvements in the level of trash in receiving waters. Multiple indicators were therefore selected. The ultimate goal of municipal stormwater trash reduction strategies is to reduce the impacts of trash associated with MS4s on receiving waters. Indicators selected to assess progress towards this goal should ideally measure outcomes (e.g., reductions in trash discharged). The primary indicators selected by SCVURPPP are outcome -based and include those that are directly related to MS4 discharges. Secondary indicators are outcome or output -based and are intended to provide additional perspective on and evidence of, successful trash control measure implementation and improvements in receiving water condition with regard to trash. As described in Section 2.2, trash is transported to receiving waters from pathways other than MS4s, which may confound our ability to observe MS4- associated reductions in creeks and shorelines. Due to this challenge of linking MS4 control measure implementation to receiving water conditions, the receiving water based indicator is currently considered a secondary indicator. Evaluations of data on the amount of trash in receiving waters that are conducted over time through the Pilot Assessment Strategy will assist the City in further determinations of the important sources and pathways causing problems in local creeks, rivers and shorelines. 4.1.3 Pilot Assessment Methods This section briefly summarizes the preliminary assessment methods that the City of Cupertino will implement through the SCVURPPP Pilot Strategy to generate indicator information described in the previous section. Additional information on each method can be found in the SCVURPPP Pilot Trash Assessment Strategy submitted to the Water Board by SCVURPPP on behalf of the City. 47 1: Long -Term Trash Load Reduction Plan 1 -A. On -land Visual Assessments As part of the Trash Generation Map assessment and refinement process (see Section 2.3.1), a draft on -land visual assessment method was developed to assist Permittees in confirming and refining trash generating area designations (i.e., very high, high, moderate and low trash generating categories). The draft on -land visual assessment method is intended to be a cost - effective tool and provide Permittees with a viable alternative to quantifying the level of trash discharged from MS4s. As part of BASMAA's Tracking California's Trash grant received from the State Water Resources Control Board (see Section 4.2), quantitative relationships between trash loading from MS4s and on -land visual assessment condition categories will be established. Condition categories defined in the draft on -land assessment protocol are listed in Table 8 Table 8. Trash condition categories used in the draft on -land visual assessment protocol. Trash Condition Summary Definition Category A (Low) Effectively no trash is observed in the assessment area. B Predominantly free of trash except for a few pieces that are (Moderate) easily observed. C Trash is widely /evenly distributed and /or small accumulations (High) are visible on the street, sidewalks, or inlets. D Trash is continuously seen throughout the assessment area, (Very High) with large piles and a strong impression of lack of concern for litter in the area. On -land visual assessments will be conducted in trash management areas within the City of Cupertino as part of the SCVURPPP Pilot Trash Assessment Strategy. On -land assessments are intended to establish initial conditions and detect improvements in the level of trash available to MS4s over time. More specifically, on -land visual assessment methods will be conducted in areas not treated by trash full capture devices in an attempt to evaluate reductions associated with other types of control measures. Assessment methods for areas treated by full capture devices are described in this next section. Given that the on -land assessment method and associated protocol have not been fully tested and refined, initial assessments will occur at a pilot scale in the City and in parallel to the Tracking California's Trash project. The frequency of assessments and number of sites where assessments will occur during the pilot stage are more fully described in the SCVURPPP Pilot Trash Assessment Strategy ( SCVURPPP 2014). 1 -B. Full Capture Operation and Maintenance Verification 48 209 Long -Term Trash Load Reduction Plan Consistent with the MRP, adequate inspection and maintenance of trash full capture devices is required to maintain full capture designation by the Water Board. The City of Cupertino is currently developing an operation and maintenance verification program (Trash O &M Verification Program), via SCVURPPP, to ensure that devices are inspected and maintained at a level that maintains this designation. The SCVURPPP Trash O &M Verification Program will be modeled on the current O &M verification program for stormwater treatment controls implemented consistent with the Permit new and redevelopment requirements. Additional details regarding the Trash O &M Verification Program can be found in the SCVURPPP Pilot Trash Assessment Strategy (SCVURPPP 2014). 2 -A. Control Measure Effectiveness Evaluations In addition to on -land trash assessments and full capture operation and maintenance verification, the City will also conduct assessments of trash control measures implemented within their jurisdictional area. Assessment methods will be selected based on trash sources and the type of control measure being implemented. Control measure effectiveness evaluations are more fully described in the SCVURPPP Pilot Trash Assessment Strategy. The following are example assessment methods that may be used to demonstrate successful control measure implementation and progress towards trash reduction targets: • Product - related Ordinances — Annually tracking and reporting the % of businesses in compliance with the ordinance and the percentage requiring a response. • Street Sweeping — Reporting the frequency of sweeping and ability to sweep to the curb in specific areas where enhanced sweeping is implemented; and /or documenting the level of trash on streets directly after street sweeping during wet and dry weather seasons. • Public /Private Trash Container Management — Reporting the magnitude and extent of enhanced actions; and /or visually assessing and documenting conditions around public trash containers before and after implementing enhanced control measures. • Targeted Outreach and Enforcement — Reporting the magnitude and extent of enhanced actions; tracking and reporting the % increase in enforcement actions; and /or visually assessing and documenting the conditions in targeted areas before and after implementing control measures. • Public Outreach Campaigns — Reporting the magnitude and extent of enhanced actions, and /or conducting pre and post campaign surveys. • On -land Cleanups and Enforcement — Reporting the magnitude and extent of enhanced actions; visually assessing and documenting the conditions in targeted areas before and after control measure implementation; and /or tracking the volumes of trash removed. • Illegal Dumping Prevention — Reporting the magnitude and extent of enhanced actions; and /or tracking and reporting improvements in the number of incidents. • Business Improvement Districts — Reporting the magnitude and extent of enhanced actions; and /or visually assessing and documenting the conditions in BID areas before and after implementing control measures. • Prevention of Uncovered Loads - Reporting the magnitude and extent of enhanced actions; tracking and reporting the decreases in the number of incidents; and /or visually 49 210 Long -Term Trash Load Reduction Plan assessing and documenting the conditions in targeted areas before and after implementing control measures. • Partial Capture Devices — Reporting the magnitude and extent of enhanced actions; and /or visually assessing and the amount of trash in storm drains or downstream of partial capture devices. 2 -C. Receiving Water Condition Assessments The ultimate goal of stormwater trash management in the Bay Area is to significantly reduce the amount of trash found in receiving waters. In the last decade, Santa Clara Valley Permittees and volunteers have collected data on the amounts of trash removed during cleanup events. More recently, Permittees have conducted trash assessments in creek and shoreline hotspots using standardized assessment methods. In an effort to answer the core management question Have trash problems in receiving waters been resolved ?, the City of Cupertino plans to continue conducting receiving water condition assessments at trash hot spots a minimum of one time per year. Assessment will be conducted consistent with Permit hot spot cleanup and assessment requirements. Additional information on receiving water assessment methods can be found in the SCVURPPP Pilot Trash Assessment Strategy (SCVURPPP 2014). 4.2 BASMAA "Tracking California's Trash" Project The SCVURPPP Pilot Assessment Strategy described in the previous section recognizes that outcome -based trash assessment methods needed to assess progress toward trash reduction targets are not well established by the scientific community. In an effort to address these information gaps associated with trash assessment methods, the Bay Area Stormwater Management Agencies Association ( BASMAA), in collaboration with SCVURPPP, the 5 Gyres Institute, San Francisco Estuary Partnership, the City of Los Angeles, and other stormwater programs in the Bay Area, developed the Tracking California's Trash Project. The Project is funded through a Proposition 84 grant awarded to BASMAA by the State Water Resources Control Board ( SWRCB) who recognized the need for standardized trash assessment methods that are robust and cost - effective. The Project is intended to assist BASMAA member agencies in testing trash assessment and monitoring methods needed to evaluate trash levels in receiving waters, establish control measures that have an equivalent performance to trash full capture devices, and assess progress in trash reduction over time. The following sections provide brief descriptions of tasks that BASMAA will conduct via the three -year Project. Full descriptions of project scopes, deliverables, and outcomes will be developed as part of the task - specific Sampling and Analysis Plans required by the SWRCB during the beginning of the Project. The Project is currently underway and will continue through 2016. 50 211 Long -Term Trash Load Reduction Plan 4.2.1 Testing of Trash Monitoring Methods BASMAA and the 5 Gyres Institute will evaluate the following two types of assessment methods as part of the Project: Trash Flux Monitoring — Trash flux monitoring is intended quantify the amount of trash flowing in receiving waters under varying hydrological conditions. Flux monitoring will be tested in up to four receiving water bodies in San Francisco Bay and /or the Los Angeles areas. Methods selected for evaluation and monitoring will be based on a literature review conducted during this task and through input from technical advisors and stakeholders. Monitoring is scheduled to begin in 2014 and will be completed in 2016. On -land Visual Assessments — As part of the Project, BASMAA will also conduct an evaluation of on -land visual assessment methods that are included in the SCVURPPP Pilot Assessment Strategy. The methods are designed to determine the level of trash on streets and public right -of -ways that may be transported to receiving waters via MS4s. BASMAA plans to conduct field work associated with the evaluation of on -land visual assessment at a number of sites throughout the region. To the extent practical, sites where the on -land methods evaluations take place will be coordinated with trash flux monitoring in receiving waters. On -land assessments will occur in areas that drain to trash full capture devices, and all sites will be assessed during wet and dry weather seasons in order to evaluate on -land methods during varying hydrologic conditions. Monitoring is scheduled to begin in 2014 and will be completed in 2016. 4.2.2 Full Capture Equivalent Studies Through the implementation of BASMAA's Tracking California's Trash grant- funded project, a small set of "Full Capture Equivalent" projects will also be conducted in an attempt to demonstrate that specific combinations of control measures will reduce trash to a level equivalent to full capture devices. Initial BMP combinations include high- frequency street sweeping, and enhanced street sweeping with auto - retractable curb inlet screens. Other combinations will also be considered. Studies are scheduled to begin in 2014 and will be completed in 2016. 4.3 Additional Progress Assessments The City will evaluate its progress toward its litter reduction goals by conducting and testing individual assessments specific to the City of Cupertino. These include: Additional assessment #1 - Measure the volume of litter removed at on -land and creek cleanups after monthly cleanups at the City's number 2 hot spot on Stevens Creek at the confluence of Heney Creek. Budget for additional staff time and begin assessments and evaluation in FY 14 -15. Additional assessment #2 - Staff will photo document a sample of the debris recovered while conducting maintenance of full trash capture devices (FTCs) in the City's retail areas, this assessment method was first used on December 18, 2013. Beginning in FY 2014 -2015, staff will compare the amount of trash from FTCs that were installed in drain inlets which were also fitted with curb inlet screens with the amount of trash from FTCs not protected by the curb inlet screens to determine whether curb screens and enhanced sweeping in retail areas is as effective as full- capture devices installed along major arterials in commercial and retail areas. 51 212 Long -Term Trash Load Reduction Plan Note: The City's visual verification for assigning trash generation levels in June 2013 and the first storm drain and full- capture treatment device cleaning and evaluation (photo- documented) on 12/18/13 showed that inlets protected by curb inlet screens contained, at most 0 -3 pieces of small litter items per drain inlet. Beginning in FY 14 -15, the City will conduct these drain inlet assessments at least twice per year and quarterly as a standard practice (as weather dictates) to gather wet and dry season assessment data and conduct evaluations. The City will make adjustments to curb screens or sweeping to improve the effectiveness of the curb screens and eliminate the need for full- capture devices. Additional assessment #3 — Beginning in FY 13 — 14, City staff will use IND and IDDE inspection program tracking data (collected as a requirement of provisions C4 and C5 in the MRP) to evaluate effectiveness of educational outreach and enforcement control measures, such as demonstrating a decline in "litter and uncontained debris" violations discovered during the City's IND (industrial /commercial) inspections and the number of calls related to litter and illegal dumping received by the City's IDDE (Illicit discharge detection and elimination) inspector. Additional assessment #4 - In 2011, City staff examined the types and volume of litter collected from street sweeping in the City's retail /commercial areas, at two events, one examining material swept up from retail areas after 2 weeks of debris accumulation and another after one week of accumulation. Staff and a small group of volunteers separated the dirt, leaves and litter by trash type and photographed the results. Information from the two dumps of street sweeping debris (one week apart) helped the City evaluate the effectiveness of its sweeping frequency in high - litter - generating commercial and retail areas and the effectiveness of its educational outreach and enforcement efforts. Beginning in FY 14 -15, material collected by the street sweeper in retail /commercial area will be dumped and sorted at least once annually to estimate the quantity of trash found in Cupertino's commercial and retail streets and identify the prominent litter types. The sweeper material audit events revealed that the most common litter types found in Cupertino's streets are cigarette butts and cigarette packaging followed closely by single -use beverage cups, then lids and straws. Plastic bags were also swept up in notable quantities. Awareness of trash types helps staff plan and add or adjust educational outreach efforts and enforcement control measures. In FY 13 -14, to maximize the efficiency of the curb inlet screens installed in October 2012, sweeping was increased to weekly in high - litter generating commercial - retail areas. City staff will continue to participate in SCVURPPP's Trash Ad Hoc meetings and in Water Board trash steering meetings and workshops to determine which assessment methods and evaluations are acceptable to demonstrate compliance with litter reduction targets for 2014, 2017 and 2022. 4.4 Long -Term Assessment Strategy The City of Cupertino is committed to implementing standardized assessment methods post - 2016 based on the lessons learned from pilot assessments and studies that will occur between 2014 and 2016. Assessment activities described in the previous sections will evaluate the utility of different assessment methods to demonstrate progress towards trash reduction targets and provide recommended approaches for long -term implementation. Lessons learned will be submitted to the Water Board with the FY 2015 -2016 Annual Report and a revised Strategy will 52 213 Long -Term Trash Load Reduction Plan be developed and submitted, if necessary. The revised Strategy will include agreed upon assessment methods that will be used to demonstrate progress during the remaining term of trash reduction requirements. Reporting using the new /revised methods will begin with the FY 2016 -17 Annual Report. 4.5 Implementation Schedule The implementation schedule for the SCVURPPP Pilot Implementation Strategy, BASMAA's Tracking California's Trash project, and the Long -Term Assessment Strategy are included in Table 9. Load reduction reporting milestones are also denoted in the table. The schedule is consistent with the need for near -term pilot assessment results to demonstrate progress toward short -term targets, while acknowledging the need for testing and evaluation of assessment methods and protocols prior to long -term implementation. For more detailed information on implementation timelines, refer to the SCVURPPP Pilot Trash Assessment Strategy (SCVURPPP 2014) and monitoring plans developed as part of BASMAA's Tracking California's Trash project. Table 9. City of Cupertino trash progress assessment implementation schedule. 53 214 Fiscal Year LL IT Trash Assessment Programs and Methods p L LO <D ao O O N r N O CV N O O .L N M 4 r LO r <D fz. r 06 r O r N N CL N N N N N N N N N Pilot Trash Assessment Strategy (SCVURPPP) On -land Visual Assessments Initial (Baseline) Assessments X Pilot Progress Assessments X X X X Full Capture Operation and Maintenance Verification X X X Control Measure Effectiveness Evaluations X X X X X Receiving Water Condition Assessments X X X X X Tracking California's Trash Project (BASMAA) Testing of Trash Monitoring Methods Trash Flux Monitoring Protocol Testing X X X On -land Visual Assessment Evaluations X X X Full Capture Equivalent Studies X X X Additional Assessments (City of Cupertino) Assessment Method #1 — Measure volume of litter and identify prominent types of litter collected during quarterly to monthly on —land clean -ups in X X X X X X X X TMA 5 at the City's number 2 creek hotspot Stevens Creek). Assessment Method #2 - Photo - document samples of full capture debris with curb screens X X X X X X X X and those without curb screens to compare and determine the effectiveness of curb screens and 53 214 Long -Term Trash Load Reduction Plan frequent street sweeping Assessment Method #3 — Use IND and IDDE inspection data to evaluate the effectiveness of X X X X X X X X X site visits and educational outreach to businesses as well as enforcement effectiveness Assessment Method #4 — Sort debris collected by the street sweeper in commercial retail area to estimate the quantity of litter found in streets and X X X X X X X X identify prominent litter types Long -Term Trash Assessment Strategy (SCVURPPP) X X X X X 'July 1, 2014 40% trash reduction target bJuly 1, 2014 70% trash reduction target `July 1, 2022 100% trash reduction target 54 215 Baseline Trash Load and Short -Term Trash Load Reduction Plan 5.0 REFERENCES Allison R.A. and F.H.S. Chiew 1995. Monitoring stormwater pollution from various land uses in an urban catchment. Proceedings from the 2nd International Symposium on Urban Stormwater Management, Melbourne, 551 -516. Allison, R.A., T.A. Walker, F.H.S. Chiew, I.C. O'Neill and TA McMahon 1998. From Roads to rivers: Gross pollutant removal from urban waterways. Report 98/6. Cooperative Research Centre for Catchment Hydrology. Victoria, Australia. May 1998. Armitage, N. 2003. The removal of urban solid waste from stormwater drains. Prepared for the International Workshop on Global Developments in Urban Drainage Management, Indian Institute of Technology, Bombay, Mumbai India. 5 -7 February 2003. Armitage, N. 2007. The reduction of urban litter in the stormwater drains of South Africa. Urban Water Journal Vol. 4, No. 3: 151 -172. September 2007. Armitage N., A. Rooseboom, C. Nel, and P. Townshend 1998. "The removal of Urban Litter from Stormwater Conduits and Streams. Water Research Commission (South Africa) Report No. TT 95/98, Prestoria. Armitage, N. and A. Rooseboom 2000. The removal of urban litter from stormwater conduits and streams: Paper 1 - The quantities involved and catchment litter management options. Water S.A. Vol. 26. No. 2: 181 -187. ABAG (Association of Bay Area Governments). 2005. Bay Area Land Use Geographical Information Systems Datalayer. BASMAA (Bay Area Stormwater Management Agencies Association). 2011 a. Progress Report on Methods to Estimate Baseline Trash Loads from Bay Area Municipal Stormwater Systems and Track Loads Reduced. February 2011. BASMAA (Bay Area Stormwater Management Agencies Association). 2011 b. Method to Estimate Baseline Trash Loads from Bay Area Municipal Stormwater Systems: Technical Memorandum #1. Prepared by EOA, Inc. April 2011. BASMAA (Bay Area Stormwater Management Agencies Association). 2011 c. Sampling and Analysis Plan. Prepared by EOA, Inc. April 2011. BASMAA (Bay Area Stormwater Management Agencies Association). 2012. Trash Baseline Generation Rates: Technical Report. Prepared by EOA, Inc. February 1, 2012. County of Los Angeles. 2002. Los Angeles County Litter Monitoring Plan for the Los Angeles River and Ballona Creek Trash Total Maximum Daily Load. May 30, 2002. County of Los Angeles. 2004a. Trash Baseline Monitoring Results Los Angles River and Ballona Creek Watershed. Los Angeles County Department of Public Works. February 17, 2004. County of Los Angeles 2004b. Trash Baseline Monitoring for Los Angles River and Ballona Creek Watersheds. Los Angeles County Department of Public Works. May 6, 2004. Kim, L.H, M. Kayhanian, M.K. Stenstrom 2004. Event mean concentration and loading of litter from highways during storms. Science of the Total Environment Vol 330: 101 -113. Lippner, G., R. Churchwell, R. Allison, G. Moeller, and J. Johnston 2001. A Scientific Approach to Evaluating Storm Water Best Management Practices for Litter. Transportation Research Record. TTR 1743, 10 -15. SCVURPPP (Santa Clara Valley Urban Runoff Pollution Prevention Program). 2014. Pilot Trash Assessment Strategy. Prepared by EOA. February 1. 55 216 Baseline Trash Load and Short -Term Trash Load Reduction Plan APPENDIX A 217 Long -Term Trash Load Reduction Plan 218 Long -Term Trash Load Reduction Plan Appendix A PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CUPERTINO CITY COUNCIL STAFF REPORT Staff has prepared a 190-term plan, which responds to the required trash load reductions over the next eight years. The Water Board has decided not to give percentage reduction "credit" for adopting control measures. Rather, progress toward success will be evaluated based on a jurisdiction's ability to address specific problems in its "high" and "medium" trash - generating areas, in conjunction with assessments and refinement of control measures as needed to ensure success. Control measures need not be implemented in a city's low litter - generating area. Jurisdiction -wide efforts, such as public education and adopting ordinances that limit the broad distribution of materials 1 219 Long -Term Trash Load Reduction Plan that are particularly harmful to water quality will be sufficient to address a city's low litter - generating areas. The attached plan (Attachment A) outlines actions in the City's nine (9) trash management areas (TMAs). TMAs were delineated to combine areas with similar trash source problems, management actions and time required for implementation. The City's budget will be impacted gradually over the next eight years and then continuously into the future to pay for control measures, educational outreach and annual assessments and evaluations. IAL Water Board members and staff have conveyed that innovative and realistic efforts to solve litter problems by a municipality will be recognized as good -faith efforts. This would be the case even if the "pilot" effort does not produce the intended results, as long as the outcomes are evaluated and1a new plan of action takes effect to incorporate "lessons learned." That being acknowledged, the City of Cupertino has primarily selected proven litter control measures such as installing curb inlet screens and increasing street sweeping. Othe management actions, which will be needed to implement the long -term plan by 20 , do not have outcomes that are certain (e.g. engaging the Sheriff on the City's anti - litter enforcement, working with Caltrans on vehicular lit er control and clean -up, and conducting public education). IL The attached City of Cupertino Long -Term Trash Load Reduction Plan and Assessment Strategy includes in broad outline the following planned activities to ensure the City meets the State's litter reduction requirements: • Installation of 17 fulFtrash capture baskets inside drain inlets along high- litter- generating retail and commercial arterials (coded red and yellow on the City's Trash Generation Map included in the Plan); • Installation of 151 above - ground curb inlet screens to keep trash along high - litter- generating arterials in the City out of drain inlets and available for pick -up with a street sweeper; • Additional street sweeping (as needed) with no- parking requirements to maximize curb screen efficiency and prevent flooding; F] 220 Long -Term Trash Load Reduction Plan 3 221 Long -Term Trash Load Reduction Plan Sustainability Impact All options for litter reduction are intended to improve water quality. Fiscal Impact Fiscal impact will depend on the litter control and management actions selected bed City. Staff has provided estimates for the different options, but actual costs are yet to be determined. Prepared by: Cheri Donnelly, Environmental Programs Manager Reviewed by: Timm Borden, Director of Public Works Attachments: A - City of Cupertino Long -Term Trash LoaA&uction Pla Assessment Strategy 4 222 ' yT +9ss • PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Adoption of the Initial Study and Negative Declaration conducted by the City of San Jose for the regional model Polystyrene Foam Food Service Ware Ordinance and consideration of an Expanded Polystyrene (EPS) Foam Food Service Ware Ordinance. Recommended Action • Adopt a Resolution Adopting the California Environmental Quality Act (CEQA) Negative Declaration. • Approve an ordinance adding Chapter 9.15 to the Municipal Code, regulating the distribution of Expanded Polystyrene (EPS) Foam Food Service Ware. Discussion EPS foam food containers are a significant source of litter and water pollution in local communities. Small pieces of EPS foam break up easily in the environment and can pose a threat to wildlife when ingested. Clean -up of this type of litter is time - consuming, difficult and carries significant costs in staff time. EPS foam food ware has been shown to leach potentially carcinogenic chemicals into food and drinks when heated, or when coming into contact with fatty or acidic foods. Using non -EPS alternative products for prepared foods prevents this risk. Many communities in the San Francisco Bay region are now prohibiting the distribution of EPS foam food service ware by food vendors to address environmental and public health issues. Some neighboring agencies that have adopted or are considering EPS food ware ordinances include the municipalities of Campbell, Los Gatos, Mountain View, Los Altos, Menlo Park, Morgan Hill, Palo Alto, San Jose, Santa Clara, Sunnyvale and the County of Santa Clara. Removing EPS foam food ware from the City's waste stream will not only reduce harmful litter entering local waterways, it will improve the potential for composting and recycling — ultimately diverting trash from landfills. EPS foam products are not biodegradable. Once soiled with food, foam products are challenging to recycle and are not accepted at most recycling facilities in Santa Clara County. Customers often throw food waste and containers away together. Using paper -based packaging would support the City's composting program by allowing food and packaging to be put into yard waste or organics bins together for composting. Other acceptable disposable food service ware includes compostable paper- based, cardboard, or plant fiber products, and recyclable plastic products. All types of plastic are recyclable in the City's recycling program —even used food ware. 1 223 Cupertino's proposed ordinance prohibits food vendors, including restaurants, delis, cafes, markets, food trucks, cafeterias, etc. from distributing prepared food in EPS foam containers. The ordinance would not restrict the use of EPS foam for prepackaged food (such as egg cartons), pre - packaged uncooked food (such as meat trays), ice chests, or packaged food service ware sold by retailers for non - commercial use. Cupertino participated in the City of San Jose's countywide environmental (CEQA) review for a model EPS foam food service ware ban. The Initial Study resulted in a Negative Declaration, finding that the model ordinance would have no significant effect on the region's environment. San Jose adopted the Negative Declaration on August 27, 2013. As a participant, the City of Cupertino may use this Initial Study in adopting its own foam food ware ordinance, and does not have to undergo a separate CEQA process. However, if the proposed ordinance is modified, it may trigger the need for further CEQA review. Public outreach conducted to date includes staff communicating with food businesses during site visits to promote GreenBiz and educational outreach and support on waste reduction, stormwater pollution prevention, and litter prevention. To engage Cupertino's business community directly, staff wrote an article for the Chamber's newsletter and met with Chamber representatives to address questions and concerns. Sustainability Impact Adoption and implementation of the ordinance is expected to reduce harmful litter, improve water quality, reduce negative impacts to aquatic life, reduce waste, support the City's free residential compost give -back program, conserve natural resources, and reduce greenhouse gas emissions. Fiscal Impact No initial costs are required to adopt the ordinance. Since the impact would be limited to prepared food retail businesses, the City's support and educational outreach would consist of site visits to the City's prepared food establishments and enforcement on a complaint basis. Staff is equipped to provide these services at no additional cost. Prepared b Cheri Donnelly, Environmental Programs Manager Reviewed by- Timm Borden, Director of Public Works A112roved for Submission b3�: David Brandt, City Manager Attachments: A- Draft Resolution B- Draft Ordinance Adding Chapter 9.15 to the Cupertino Municipal Code C- CEQA Initial Study and Negative Declaration for Countywide Polystyrene Foam Disposable Food Ware Ordinances 2 224 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING THE EXPANDED POLYSTYRENE FOAM FOOD CONTAINER - WARE NEGATIVE DECLARATION, FOR WHICH AN INITIAL STUDY WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED WHEREAS, expanded polystyrene (EPS) constitutes a high percentage of litter, which is unsightly, costly to clean, and causes serious negative environmental impacts (detrimental effects on water quality, harming fish and wildlife and global marine ecosystems); and WHEREAS, the City of Cupertino ( "City ") has a substantial interest in protecting its residents and the environment from negative impacts from EPS foam disposable food service ware; and WHEREAS, adoption of an ordinance regarding EPS is considered a "project" for purposes of the California Environmental Quality Act ( "CEQA "), Public Resources Code, Section 21000, et seq.; and WHEREAS, the City of San Jose designated itself the lead agency for environmental review under CEQA of a EPS ordinance, addressing the impacts of an ordinance regulating the use of EPS foam food service ware by restaurants and food service establishments within the participating jurisdictions in the County of Santa Clara; and WHEREAS, the Planning Director of the City of San Jose prepared a Program Initial Study and approved for circulation a Negative Declaration for the Expanded Polystyrene Foam Food Ware Ordinance under Planning File No. PP13 -043 (the "Initial Study /Negative Declaration "), all in accordance with CEQA; and WHEREAS, on August 27, 2013, the City of San Jose certified a Program Initial Study and recommended a Negative Declaration for adoption; and WHEREAS, the City is participating as a responsible agency in the Program Initial Study and Negative Declaration that was certified by the City of San Jose City Council in connection with the City's adoption of the EPS ordinance; and 225 Resolution No. 14- WHEREAS, the Initial Study /Negative Declaration concluded that implementation of the Project would not result in any significant effects on the environment; and WHEREAS, there are no site - specific operations required by the City's adoption of its ordinance that are anticipated to create environmental effects different from those covered by the Program Initial Study; and WHEREAS, the City's proposed ordinance fits within the scope of the City of San Jose's Program Initial Study; and WHEREAS, the City Council has reviewed and carefully considered the information in the Program Initial Study /Negative Declaration, and makes the findings contained in this resolution as an objective and accurate document that reflects the independent judgment and analysis of the City in the discussion of the ordinance's environmental impacts. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby finds as follows: 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The documents and other material constituting the record for these proceedings are located at the Department of Public Works, located at 10300 Torre Ave, Cupertino, CA 95014, and in the custody of the Public Works Director. 3. The City Council has reviewed and considered the Program Initial Study (IS) and Negative Declaration, and environmental impacts of the proposed ordinance as shown in the Program Initial Study. 4. The Program Initial Study and Negative Declaration prepared and certified by the City of San Jose for adoption of a polystyrene foam disposable food service ware within 13 jurisdictions in Santa Clara County, specifically including the City of Cupertino, having been prepared in accordance with the provisions of CEQA, is determined to be adequate for Council's action on this polystyrene foam disposable food service ware ordinance. 226 Page 2 Resolution No. 14- 5. The City Council hereby approves and adopts the entirety of the CEQA findings of fact for the City of Cupertino as a responsible agency pursuant to Section 15096 for the polystyrene foam disposable food service ware ordinance. 6. Based on the information and analysis in the Program Initial Study, the City Council finds that the proposed ordinance will not result in any significant effects on the environment. The City Council finds that there are no feasible alternatives or mitigation measures that would substantially lessen or avoid any significant effects the project would have on the environment. 7. None of the conditions in CEQA Guidelines Section 15162 or Section 15163 are applicable to adoption of the ordinance, and adoption of the ordinance is an activity that is part of the program examined by the Program Initial Study, within the scope of the project described in the Program Initial Study, and no further environmental review is required. BE IT FURTHER RESOLVED that a Notice of Determination shall be prepared and filed pursuant to CEQA Guidelines Section 15096. BE IT FURTHER RESOLVED that this resolution shall become effective upon adoption. I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Cupertino at a meeting thereof on the 21St day of Tanuary 2014 by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor 227 Page 3 Resolution No. 14- 228 Page 4 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING TITLE 9 OF THE CUPERTINO MUNICIPAL CODE TO ADD CHAPTER 9.15 TO PROHIBIT THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE BY FOOD VENDORS WHEREAS, plastic debris and in particular expanded polystyrene foam ( "EPS ") is a distinctive litter concern because it is lightweight, floats, breaks down into small pieces, and readily travels from land to inland waterways and out to the ocean where it can be mistaken for food by birds and other marine wildlife; and WHEREAS, EPS disposable food service ware comprises an 8% by volume of total litter observed in storm drains in Santa Clara County; and WHEREAS, the proposed prohibition of EPS disposable food service ware would require food vendors to use alternative food service ware that will result in a reduction of EPS litter, reduce the risk of harm to aquatic wildlife, and improve water quality in the Cupertino creeks and the Southern San Francisco Bay; and WHEREAS, on January 21, 2014, prior to taking action on the Ordinance, the City Council reviewed, considered and adopted by separate Council resolution, the proposed Negative Declaration analyzing the regional environmental impacts of the Ordinance to prohibit EPS disposable food service ware; and WHEREAS, the City of Cupertino intends and does hereby find that this Ordinance falls within the scope of the City of San Jose's Program Initial Study /Negative Declaration for EPS; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO: Section 1. Chapter 9.15 is hereby added to the Cupertino Municipal Code to be numbered, entitled, and to read as follows: CUPERTINO MUNICIPAL CODE CHAPTER 9.15 PROHIBITION OF EXPANDED POLYSTYRENE (EPS) FOAM FOOD SERVICE WARE 9.15.100 Definitions. 229 Draft Ordinance No. 14- The definitions set forth in this Section shall govern the application and interpretation of this Chapter. A. "Disposable food service ware" means single -use disposable products used in the restaurant and food service industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls, and hinged or lidded containers (clamshells). Disposable food service ware does not include straws, utensils, drink lids, or ice chests. B. "Food vendor" means any establishment located in the City of Cupertino that sells or otherwise provides prepared food for consumption on or off its premises, and includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand. "Food vendor" does not include a food service provider that is associated with either a nonprofit organization with Section 501(c)(3) status under the Internal Revenue Code or a public agency sponsored program. C. "Polystyrene foam" means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion -blow molding (extruded foam polystyrene). "Polystyrene foam" is commonly made into disposable food service ware products. "Polystyrene foam" does not include clear or solid polystyrene (oriented polystyrene). D. "Prepared food" means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. "Prepared food" does not include (1) any raw, uncooked meat products or fruits or vegetables unless it can be consumed without further preparation; or (2) prepackaged food that is delivered to the food vendor wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food vendor in the same container or packaging. 9.15.110 Polystyrene Foam Disposal Food Service Ware Prohibited. No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after July 1, 2014. 9.15.120 Exemptions to the Polystyrene Foam Disposal Food Service Ware Prohibition. A. A food vendor may seek an exemption from the prohibition under Section 9.15.110 due to a "unique packaging hardship" under Subsection B of this Section or a "financial hardship" under Subsection C of this Section. 230 Draft Ordinance No. 14- B. The food vendor must demonstrate that no reasonably feasible alternative exists to a specific and necessary polystyrene foam disposable food service ware to qualify for a "unique packaging hardship" exemption. C. The food vendor must demonstrate both of the following to qualify for a "financial hardship" exemption: (1) a gross income under $300,000 on their annual income tax filing for the most recent tax year, and (2) with respect to each specific and necessary polystyrene foam disposable food service ware, that there is no feasible alternative that would cost the same or less than the polystyrene foam disposable food service ware. D. The food vendor may submit a written application for an exemption on a form provided by the Environmental Programs Division. The Director of Public Works designee ( "Director ") may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A request for exemption shall be reviewed on a case -by -case basis, and may be granted in whole or in part, with or without conditions, for a period of up to twelve (12) months. The food vendor must apply for a new exemption period no later than sixty (60) days prior to the expiration of the then current exemption period to preserve a continuous exemption status. Each application shall be reviewed anew and will be based on the most current information available. The determination of the Director shall be final and is not subject to appeal. 9.15.130 Administrative Citation and Fine (a) Grounds for an administrative citation. An administrative citation may be issued upon findings made by the City Manager, or his or her designee, when any person or food vendor has provided EPS foam food service ware to a customer or violated any other provision of this Chapter. (b) Administrative citation fine amounts. Upon findings made under subsection (a), the person or food vendor shall be subject to an administrative citation pursuant to Chapter 1.10 of this Code. Fines for the administrative citation are as follows: (1) First citation: One hundred dollars ($100.00) (2) Second citation for the same violation within the same twelve -month period: Two hundred dollars ($200.00) (3) Third or any subsequent citation for the same violation within the same twelve- month period: Five hundred dollars ($500.00) (4) Each day that any person or food vendor violates the provisions of this Chapter a new and separate violation occurs. (c) Administrative citation appeals and disposition shall be processed in accordance with Chapter 1.10 of this Code. 231 Draft Ordinance No. 14- 9.15.140 Severability If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby. Section 2. This Ordinance shall be effective on July 1, 2014. Section 3. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 21st day of January 2014 and ENACTED at a regular meeting of the City Council of the City of Cupertino the day of 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor 4 232 Initial Study Polystyrene Foam Disposable Food Service Ware Ordinance CITY OF SAWN OSE CAPITAL OF SILICON VALLEY July 2013 233 234 CITY OF SIW TOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY JOSEPH HORWEDEL, DIRECTOR PUBLIC NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CITY OF SAN JOSE, CALIFORNIA File No. PP13 -043. Polystyrene Foam Food Service Ware Ordinance. Project Description: The proposed Polystyrene Foam Food Service Ware Ordinance is a model ordinance that would regulate the use of polystyrene foam food service ware by restaurants and food service establishments within participating jurisdictions in Santa Clara County. The proposed ordinance would phase- out the use of expanded or extruded polystyrene (EPS) foam food service ware, as adopted by implementing jurisdictions. Restrictions on use would be phased to allow restaurants using EPS food ware to transition to alternative products. Two options for additional regulation of EPS food ware products may also be adopted by any or all of the participating cities or towns and unincorporated Santa Clara County. The two options include: 1) a restriction of sales of EPS foam food service ware in retail stores and sales outlets; and 2) a restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or encased within a more durable material. PROJECT LOCATION: The proposed model ordinance would apply to retail food vendors within the following 14 incorporated cities and towns in Santa Clara County, California: San Jose, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Santa Clara, Saratoga, and Sunnyvale. Two jurisdictions in the County that have already adopted restrictions on the use by retail food vendors of EPS foam food ware may amend their adopted ordinances to include these additional restrictions. These jurisdictions are: City of Palo Alto and County of Santa Clara (unincorporated area). The City has performed environmental review on the project. Environmental review examines the nature and extent of any adverse effects on the environment that could occur if a project is approved and implemented. Based on the review, the City has prepared a draft Negative Declaration (ND) for this project. An ND is a statement by the City that the project will not have a significant effect on the environment. The public is welcome to review and comment on the draft Negative Declaration. The public comment period for this draft Negative Declaration begins on July 10, 2013, and ends on August 9, 2013. The draft Negative Declaration, initial study, and reference documents are available online at: http: / /www.sanjoseca.gov /index.aspx ?NID =2165 . The documents are also available for review from 9:00 a.m. to 5:00 p.m. Monday through Friday at the City of San Jose Department of Planning, Building & Code Enforcement, located at City Hall, 200 East Santa Clara Street; and at the Dr. Martin Luther King, Jr. Main Library, located at 150 E. San Fernando Street. For additional information, please contact John Davidson at (408)535 -7895 or by e -mail at iohn.davidson(a)sanioseca.gov . Circulated on: -71(b 7—'x(3 Joseph Horwedel, Director Planning, Building and Code Enforcement Deputy 200 East Santa Clara Street, San Jose CA 95113 -1905 (40Q5 35 -3555 fax (408) 292 -6055 www.saiijoseca.gov 236 Whikob CITY OF P% SIW TOSS Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY JOSEPH HORWEDEL, DIRECTOR NEGATIVE DECLARATION The Director of Planning, Building and Code Enforcement has reviewed the proposed project described below to determine whether it could have a significant effect on the environment as a result of project completion. "Significant effect on the environment' means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. NAME OF PROJECT: Polystyrene Foam Food Service Ware Ordinance PROJECT FILE NUMBER: PP13 -043 PROJECT DESCRIPTION: The proposed Polystyrene Foam Food Service Ware Ordinance is a model ordinance that would regulate the use of polystyrene foam food service ware by restaurants and food service establishments within participating jurisdictions in Santa Clara County. The proposed ordinance would phase -out the use of expanded or extruded polystyrene (EPS) foam food service ware, as adopted by implementing jurisdictions. Restrictions on use would be phased to allow restaurants using EPS food ware to transition to alternative products. Two options for additional regulation of EPS food ware products may also be adopted by any or all of the participating cities or towns and unincorporated Santa Clara County. The two options include: 1) a restriction of sales of EPS foam food service ware in retail stores and sales outlets; and 2) a restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or encased within a more durable material. PROJECT LOCATION: The proposed model ordinance would apply to retail food vendors within the following 14 incorporated cities and towns in Santa Clara County, California: San Jose, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Santa Clara, Saratoga, and Sunnyvale. Two jurisdictions in the County that have already adopted restrictions on the use by retail food vendors of EPS foam food ware may amend their adopted ordinances to include these additional restrictions. These jurisdictions are: City of Palo Alto and County of Santa Clara (unincorporated area). COUNCIL DISTRICT. Citywide APPLICANT CONTACT INFORMATION: Ella Samonsky, City of San Jose Environmental Services Division, 200 E. Santa Clara Street, T -7, San Jose CA 95113; (408) 793 -4379 FINDING: The Director of Planning, Building & Code Enforcement finds the project described above will not have a significant effect on the environment in that the attached initial study identifies no potentially significant effects on the environment. 200 East Santa Clara Street, San Jose CA 95113 -1905 tel (408) 535 -3555 fax (408) 292 -6055 www.sanjoseca.gov 237 Negative Declaration File No. PP13 -043 Page 2 FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS: I. AESTHETICS. The project will not have a significant impact on aesthetics or visual resources, and therefore no mitigation is required. II. AGRICULTURE AND )FOREST RESOURCES. The project will not have a significant impact on agriculture or forest resources, and therefore no mitigation is required. III. AIR QUALITY. The project will not have a significant air quality impact, and therefore no mitigation is required. IV. BIOLOGICAL RESOURCES. The project will not have a significant impact on biological resources, and therefore no mitigation is required. V. CULTURAL RESOURCES. The project will not have a significant impact on cultural resources, and therefore no mitigation is required. VI. GEOLOGY AND SOILS. The project will not have a significant impact due to geology and soils, and therefore no mitigation is required. VII. GREENHOUSE GAS EMISSIONS. The project will not have a significant impact due to greenhouse gas emissions, and therefore no mitigation is required. VIII. HAZARDS AND HAZARDOUS MATERIALS. The project will not have a significant hazards and hazardous materials impact, and therefore no mitigation is required. IX. HYDROLOGY AND WATER QUALITY. The project will not have a significant hydrology and water quality impact, and therefore no mitigation is required. X. LAND USE AND PLANNING. The project will not have a significant land use impact, and therefore no mitigation is required. XI. MINERAL RESOURCES. The project will not have a significant impact on mineral resources, and therefore no mitigation is required. XII. NOISE. The project will not have a significant noise impact, and therefore no mitigation is required. XUR. POPULATION AND HOUSING. The project will not have a significant population and housing impact, and therefore no mitigation is required. XIV. PUBLIC SERVICES. The project will not have a significant impact on public services, and therefore no mitigation is required. XV. RECREATION. The project will not have a significant impact on recreation, and therefore no mitigation is required. 200 East Santa Clara Street, San Josd CA 95113 -1905 tel (408) 535 -3555 fax (408) 292 -6055 www.sanjoseca.gov 238 Negative Declaration File No. PP13 -043 Page 3 XVI. TRANSPORTATION / TRAFFIC. The project will not have a significant traffic impact, and therefore no mitigation is required. XVII. UTILITIES AND SERVICE SYSTEMS. The project will not have a significant impact on utilities and service systems, and therefore no mitigation is required. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. The project will not substantially reduce the habitat of a fish or wildlife species, be cumulatively considerable, or have a substantial adverse effect on human beings, and therefore no mitigation is required. PUBLIC REVIEW PERIOD: Before 5:00 p.m. on August 9, 2013, any person may: 1. Review the Draft Negative Declaration (ND) as an informational document only; or 2. Submit written comments regarding the information, analysis, and mitigation measures in the Draft ND. Before the ND is adopted, Planning staff will prepare written responses to any comments, and revise the Draft ND, if necessary, to reflect any concerns raised during the public review period. All written comments will be included as part of the Final ND. Joseph Horwedel, Director Planning, Building and Code Enforcement Circulation period: from July 10, 2013 to August 9, 2013. �� G%vhCC Deputy Revised 5 -6 -11 jam 200 East Santa Clara Street, San Jose CA 95113 -1905 tel (23)535 -3555 fax (408) 292 -6055 www.sanjoseca.gov 240 TABLE OF CONTENTS SECTION 1.0 INTRODUCTION AND PURPOSE ............................................ ..............................1 SECTION 2.0 PROJECT INFORMATION ......................................................... ..............................1 2.1 PROJECT TITLE ................................................................................... ..............................1 2.2 PROJECT LOCATION .......................................................................... ..............................2 2.3 LEAD AGENCY CONTACT ............................................................... ............................... 9 2.4 PROJECT - RELATED APPROVALS, AGREEMENTS AND PERMITS .......................11 SECTION 3.0 PROJECT DESCRIPTION .......................................................... .............................12 3.1 PROJECT BACKGROUND AND PURPOSE ...................................... .............................12 SECTION 4.0 SETTING, ENVIRONMENTAL CHECKLIST AND IMPACTS ...........................16 4.1 AESTHETICS ........................................................................................ .............................33 4.2 AGRICULTURAL AND FOREST RESOURCES ................................ .............................38 4.3 AIR QUALITY ....................................................................................... .............................40 4.4 BIOLOGICAL RESOURCES ................................................................ .............................46 4.5 CULTURAL RESOURCES ................................................................... .............................54 4.6 GEOLOGY AND SOILS ..................................................................... ............................... 56 4.7 GREENHOUSE GAS EMISSIONS ....................................................... .............................58 4.8 HAZARDS AND HAZARDOUS MATERIALS .................................. .............................65 4.9 HYDROLOGY AND WATER QUALITY ......................................... ............................... 74 4.10 LAND USE ........................................................................................... ............................... 92 4.11 MINERAL RESOURCES ...................................................................... .............................94 4.12 NOISE .................................................................................................... .............................95 4.13 POPULATION AND HOUSING ......................................................... ............................... 97 4.14 PUBLIC SERVICES ............................................................................ ............................... 98 4.15 RECREATION ....................................................................................... .............................99 4.16 TRANSPORTATION ............................................. ............................... ............................100 4.17 UTILITIES AND SERVICE SYSTEMS ............... ............................... ............................104 4.18 MANDATORY FINDINGS OF SIGNIFICANCE ............................... ............................127 SECTION 5.0 REFERENCES ............................................. ............................... ............................130 SECTION 6.0 AUTHORS AND CONSULTANTS ........... ............................... ............................139 EPS Foam Food Ware Ordinance Initial Study City of San Josh X41 July 2013 TABLE OF CONTENTS FIGURES Figure2.3 -1 Regional Map ............................................................................... ............................... 5 Figure 2.3 -2 Participating Jurisdictions ............................................................ ............................... 7 Figure2.3 -3 Existing Bans ................................................................................ ..............................9 Figure 4.9 -1 Principal Watersheds in Santa Clara County ............................. ............................... 75 Figure 4.17 -1 EPS foam Disposal Paths ............................. ............................... ............................113 Figure 4.17 -2 Fiber Disposal Paths ..................................... ............................... ............................115 52 Figure 4.17 -3 Fiber Disposal Paths (Commercial) ............. ............................... ............................117 Figure 4.17 -4 Plastics Disposal Paths ................................. ............................... ............................119 Figure 4.17 -5 PLA Disposal Paths ...................................... ............................... ............................121 84 Figure 4.17 -6 PLA Disposal Paths (Commercial) .............. ............................... ............................123 TABLES Table 2.3 -1: Jurisdictions within Santa Clara County ............................................ ..............................3 Table 4.0 -1: Permitted Food Vendors in Santa Clara County ............................... .............................23 Table 4.0 -2: Summary of Businesses and Facilities That May Sell, Use .............. .............................24 Table 4.0 -3: EPS Substitute Products .................................................................... .............................28 Table 4.0 -4: Anticipated Shift to EPS foam Substitutes ........................................ .............................31 Table 4.4 -1: Wildlife Species Covered in the Santa Clara Valley Habitat Conservation Plan ........... 52 Table 4.7 -1: Relevant Greenhouse Gas Plans and Policies for Participating Jurisdictions ................60 Table 4.9 -1: Principal Watersheds and Creeks within Participating Jurisdictions .............................77 Table 4.9 -2: Estimated Volume of Trash Reaching Storm Drain Inlets .............. ............................... 84 Table 4.17 -1: Water Retailers for Jurisdictions within Santa Clara County .......... ............................104 Table 4.17 -2: Sanitary Sewer Service for Jurisdictions within Santa Clara County ........................106 Table 4.17 -3: Capacity of Waste Disposal and Diversion Facilities in Santa Clara County ............125 APPENDICES Appendix A Draft Ordinances (A1: City of San Jose & A -2: City of Sunnyvale) Appendix B Baseline Estimates of Disposable Polystyrene Foam Food Ware Appendix C Summary of Life Cycle Assessments Appendix D Information on Disposable Food Containers EPS Foam Food Ware Ordinance Initial Study City of San Josh '242 July 2013 SECTION 1.0 INTRODUCTION AND PURPOSE This Initial Study of environmental impacts is being prepared to conform to the requirements of the California Environmental Quality Act (CEQA), the CEQA Guidelines (California Code of Regulations § 15000 et.seq.) and the regulations and policies of the City of San Jose. This Initial Study evaluates the potential environmental impacts that might reasonably be anticipated to result from implementation of a model Polystyrene Foam Food Ware Ordinance in 14 incorporated cities and towns within Santa Clara County, California. SECTION 2.0 PROJECT INFORMATION 2.1 PROJECT TITLE Polystyrene Foam Disposable Food Ware Ordinance 2.2 OVERVIEW OF THE PROPOSED PROJECT The project is adoption of an ordinance regulating the use of polystyrene foam food ware by restaurants and food service establishments. The proposed Polystyrene Foam Food Service Ware Ordinance ( "Proposed EPS Food Ware Ordinance ") is a model ordinance that would regulate the use of polystyrene foam food service ware within participating jurisdictions in Santa Clara County. Participating jurisdictions for the model ordinance that currently do not have restrictions on expanded or extruded polystyrene (EPS) foam food ware include 14 of the 15 incorporated cities in Santa Clara County (Palo Alto and unincorporated County of Santa Clara jurisdictions already have bans in place). The Proposed Ordinance would phase -out the use of EPS foam food service ware at restaurants and food service establishments within Santa Clara County, as adopted by implementing jurisdictions. EPS foam food ware use at restaurants and other food vendors would be prohibited in all adopting cities and towns. Restrictions on use would be phased to allow restaurants using EPS food ware to transition to alternative products. Two options for additional regulation of EPS food ware products may also be adopted by any or all of the participating cities or towns and unincorporated Santa Clara County. The two options include: 1) a restriction of sales of EPS foam food service ware in retail stores and sales outlets; and 2) a restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or encased within a more durable material. These options may be incorporated in EPS Food Ware Ordinance language for adoption by individual jurisdictions. In the City of San Jose, the ordinance would consist of revisions to Chapter 9.10 of Title 9 of the City's Municipal Code to prohibit the use of polystyrene foam food ware by food vendors. EPS Foam Food Ware Ordinance Initial Study City of San Jose L 43 July 2013 A copy of the draft model ordinance is provided in Appendix A -1. The draft ordinance for the City of Sunnyvale, which includes provisions to phase -out the sale of empty containers is provided in Appendix A -2. 2.3 PROJECT LOCATION The proposed model ordinance would apply to retail food vendors within the following 14 incorporated cities and towns in Santa Clara County, California: • San Jose • Campbell • Cupertino • Gilroy • Los Altos • Los Altos Hills • Los Gatos • Milpitas • Monte Sereno • Morgan Hill • Mountain View • Santa Clara • Saratoga • Sunnyvale Individual cities or towns may also add provisions that would cover retail sale of containers and /or sale of unlined polystyrene (PS) foam ice chests at retail stores. Two jurisdictions in the County that have already adopted restrictions on the use by retail food vendors of EPS foam food ware may amend their adopted ordinances to include these additional restrictions. These jurisdictions are: • City of Palo Alto • County of Santa Clara (unincorporated area) The Town of Monte Sereno does not currently have retail vendors within their town limits and there is no apparent need to adopt the ordinance at this time. Residents of Monte Sereno would be affected by implementation of the ordinance in adjacent cities that do have retail vendors. The project area is located at the southerly end of San Francisco Bay as shown on Figure 2.3 -1. The 14 jurisdictions that are considering adoption of the model ordinance cover over 329 square miles, which is about one -third (32 percent) of the 1,029.1 square miles of Santa Clara County. The estimated resident population as of January 2012 within these cities and towns was 1,664,588 (about 92 percent of Santa Clara County) with about 822,525 jobs (91 percent of jobs in the County). A breakdown of residents and employment by jurisdiction is provided in Table 2.3 -1. EPS Foam Food Ware Ordinance Initial Study City of San Josh ?244 July 2013 Table 2.3 -1 Jurisdictions within Santa Clara County Areal Population2 Employment3 Jurisdiction (in square miles) (2012 estimates) (includes Self- employed) Participating Jurisdictions San Jose 176.5 971,372 475,766 Campbell 5.8 39,882 22,965 Cupertino 11.3 59,022 26,639 Gilroy 16.2 50,158 20,405 Los Altos 6.5 29,460 13,429 Los Altos Hills 8.8 8,027 3,472 Los Gatos 11.1 29,854 15,221 Milpitas 13.6 66,966 32,099 Monte Serene, 1.64 3,373 1,747 Morgan Hill 12.9 39,127 19,192 Mountain View 12.0 75,275 43,377 Santa Clara 18.4 118,813 60,239 Saratoga 12.4 30,363 12,903 Sunnyvale 22.0 142,896 75,071 Total 329.1 1,664,588 822,525 Jurisdictions in Santa Clara County with Disposable Food Ware Ordinances (Amendments Only) Palo Alto 23.9 65,544 33,282 Unincorporated Santa Clara Count 676.1 86,354 46,441 Area data is from U.S. Census Bureau. "State & County QuickFacts." 2010. Last revised January 10, 2013. Available at: http: / /guickfacts.census.gov 2 Population data is from the California Department of Finance. "E -1 Population Estimates for Cities, Counties, and the State - January 1, 2011 and 2012." May 2012. Available at: http: / /www.dof.ca. gov/ research /demographic /reports /estimates /e -1 / s Employment data from the American Community Survey 2006 -2010 in: Bay Area Census. "Santa Clara County." (Plus pages for each member jurisdiction). Available at: http://www.bqyareacensus.ca.gov/counties/SantaClaraCoIM. 'City of Monte Sereno. "About Monte Sereno." 2012. Available at: http://asoft2Ol3.accrisoft.com/montescreno/ EPS Foam Food Ware Ordinance Initial Study City of San Josh 3245 July 2013 246 �.h ..ns ", REGIONAL MAP FIGURE 2.3 -1 MME., PARTICIPATING JURISDICTIONS FIGURE 2.3 -2 250 r' Sonoma County j Solano County I Marin County l i San Francisco Contra Costa County Alameda County _ sso CR San Mateo County 1 � Santa Clara County V- a _ Santa Cruz County Monterey N' 0 County Jurisdictions With Existing Bans / N - -i Highways W� E ......... County Borders A s EXISTING BANS FIGURE 2.3 -3 252 2.4 LEAD AGENCY CONTACT John Davidson City of San Jose Department of Planning, Building, & Code Enforcement 200 E. Santa Clara Street, Third Floor San Jose, CA 95113 (408) 535 -7898 (408) 778 -6480 2.5 PROJECT PROPONENT City of San Jose Environmental Services Division 200 E. Santa Clara Street, 10th Floor San Jose, CA 95113 (408) 535 -8550 Attn: Ella Samonsky 2.6 PROJECT - RELATED APPROVALS, AGREEMENTS AND PERMITS • Municipal or County Code Amendments by each participating jurisdiction EPS Foam Food Ware Ordinance Initial Study City of San Josh 1153 July 2013 254 SECTION 3.0 PROJECT DESCRIPTION 3.1 PROJECT BACKGROUND AND PURPOSE 3.1.1 What is Polystyrene Foam Food Ware? Polystyrene foam is a thermoplastic material derived from petrochemicals.' Thermoplastic resins consist of long molecules that can be melted and solidified by heating and cooling.' When a blowing agent (such as pentane) is added to general purpose polystyrene resin, the material is referred to as "expandable (or "expanded ") polystyrene ". Styrene is a carbon containing compound that can be converted to a polymer (chain of molecules) or synthetic resin through a process known as polymerization. Polystyrene is composed of a large number of the styrene monomer, or molecules (C6115CHCH2). and is used widely to makeplastic Two common types of polystyrene foam are expanded polystyrene I products. and extruded polystyrene foam. Polystyrene foam beverage cups are generally made of expanded polystyrene.' Common extruded polystyrene foam food service ware products include foam plates and trays, clam shells, meat trays, and egg cartons. For the purposes of this study, both expanded and extruded polystyrene foam products will be referred to as EPS, unless otherwise noted. Photo 1: EPS Foam Food Ware ' "Thermoplastic" refers to a polymer (such as polyethylene or polystyrene) that becomes pliable or moldable above a specific temperature, and returns to a solid state upon cooling (Source: http : / /en.wikipedia.ora /wiki/Thenno In astic). Petrochemicals are substances obtained by the refining and processing of petroleum or natural gas. ' SPL "Definitions of Resins ". Accessed April 16, 2013. <hllp: / /www.plastic sindustiy.org /AboutPlastic s /content.cfm ?IteniNumber =65 6 & &navlteniNumber =1128> s EPS food service ware is sometimes incorrectly referred to as "Styrofoam® ". Although it also is composed of the same base material, polystyrene, "Styrofoam®" refers to an extruded (building) insulation product produced and marketed solely by the Dow Chemical Company. EPS Foam Food Ware Ordinance Initial Study City of San Josh 1�55 July 2013 3.1.2 What is the Purpose of Adopting an Ordinance? The basic objectives of the proposed project are to: • Reduce the amount of EPS foam food ware in urban litter; Reduce the amount of EPS foam material that reaches local water ways and ultimately, San Francisco Bay or Monterey Bay and the Pacific Ocean. Reduce use of a material that cannot be composted or recycled. Photo 2: Food Ware Litter in Coyote Creek Multiple cities in Santa Clara County, the San Francisco Bay Area, the State of California, and throughout the country are considering adoption or have adopted ordinances that ban or limit the use of EPS foam food ware. In the Bay Area and areas near the ocean, a primary concern has been the fate of EPS foam litter in the environment. EPS foam is friable, light and easily becomes airborne and /or breaks into small pieces which are hard to collect. EPS foam is also a uniquely problematic pollutant for aquatic and marine environments because it floats and is highly visible. Birds and marine wildlife are also reported to ingest these small pieces of material. From a regulatory standpoint, the San Francisco Bay Regional Water Quality Control Board has required all Municipal Regional Permit (MRP) National Pollutant Discharge Elimination System (NPDES) permittees (cities, counties and agencies) to reduce litter entering waterways through the municipal separate storm sewer system. Some permit requirements relate to visual assessment of waterways and attainment of no visible impact due to trash. In Santa Clara County, two jurisdictions (Palo Alto in 2009 and the County of Santa Clara in 2012) have adopted food vendor Photo 3: Lighter Materials in a Hydrodynamic Separator within the San Jose Storm Drainage System EPS Foam Food Ware Ordinance Initial Study City of San Jose 1756 July 2013 EPS foam food container bans.' An additional 30 cities and counties in California have enacted ordinances banning EPS foam containers at restaurants. The cities and towns of San Jose, Sunnyvale, Cupertino, Milpitas, Mountain View, Morgan Hill, and Los Altos in Santa Clara County have individually initiated research on the fate of EPS foam food ware in their communities and options for regulating the use of this material. In late 2012, the City of San Jose approached other jurisdictions regarding the development and review of a model ordinance that could be used by cities and towns within Santa Clara County. Consideration of a model ordinance would allow for there to be uniformity in definitions and a consolidated and comprehensive environmental review process. The proposed model ordinance project is intended to address challenges associated with the collection and control of litter from single -use polystyrene foam food ware on a broad, uniform, County -wide basis. 3.2 PROJECT COMPONENTS 3.2.1 Definitions of Regulated Activities The ordinance would prohibit the use of disposable polystyrene foam food and beverage containers for serving (dine -in) or transporting (take -out) prepared foods by food vendors within the specific jurisdictions of incorporated Santa Clara County that adopt the ordinance. Prepared food does not include uncooked eggs, fish, meat or poultry unless provided for consumption without further food preparation (e.g., sushi). Disposable food service ware includes, but is not limited to, plates, cups bowls, trays, and hinged or lidded containers, also known as clamshells. Typical EPS foam food containers that would be covered by the ordinance are clamshell containers, plates and cups, as shown in Photo 4 3.2.2 Exceptions In the model ordinance, pre - packed food that arrives at the premises of the food vendor in a container or wrapper and is not removed from the container or wrapper before its sale or provision is not covered by the Photo 4: Examples of EPS foam Products Subject to the Proposed Ordinance EPS food ware prohibition (e.g., ramen noodles in a EPS foam cup or pre - packaged dried fruit or vegetables sold at a grocery store). 4 In addition, several jurisdictions, including the City of San Josh (City Council Policy 4 -6) and Town of Los Gatos (Section 5c of the Town's Purchasing Manual), have adopted environmental procurement policies that restrict the purchase and use of EPS foam products by the city or town and/or at city or town - sponsored events. EPS Foam Food Ware Ordinance Initial Study City of San Josh 157 July 2013 As noted above, EPS foam food ware used for raw eggs and raw, butchered meat, fish or poultry is exempt and would not be prohibited. 3.2.3 Optional Provisions Two options for additional regulation of EPS food ware products may also be adopted by any or all of the participating cities or towns and unincorporated Santa Clara County. The two options include: 1) a restriction of sales of EPS foam food service ware in retail stores and sales outlets; and 2) a restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or encased within a more durable material. The prohibition of sale of (empty) polystyrene foam containers and service ware by vendors (e.g., stores or business that sell goods or merchandise) would apply to a variety of sales outlets, such as grocery stores and drug stores, food service ware suppliers (e.g., restaurant supply, cash and carry, big box retailers), hardware stores and sporting goods stores (i.e., foam ice chests not encapsulated in other materials). The restrictions on EPS foam container sales would apply within the city or town limits. These options may be incorporated in EPS Food Ware Ordinance language for adoption by individual jurisdictions. 3.2.4 Implementation The ordinance would take effect no sooner than January 1, 2014, or 30 days following adoption by each jurisdiction. Implementation may be staggered for large food vendors (part of a chain or franchise of food vendors that operate in more than one state) and small food vendors. The ordinance would take effect for small food vendors (not part of an interstate chain or franchise) one year later. For jurisdictions that adopt the optional provision prohibiting the sale of polystyrene foam containers and food service ware by sales outlets, implementation of the limits on sales may take place after the effective date for food vendors. 3.2.5 Exemptions The ordinance includes provisions for exemptions due to undue hardship that may vary by jurisdiction. Exemptions would be granted on a case -by -case basis by city or town staff (e.g., Director of Environmental Services Department) and may consider unique financial or economic hardship and /or situations where no reasonably feasible available alternative exists. EPS Foam Food Ware Ordinance Initial Study City of San Jose 1L58 July 2013 SECTION 4.0 SETTING, ENVIRONMENTAL CHECKLIST AND IMPACTS This section describes the existing environmental conditions on and near the project area, as well as environmental impacts associated with the proposed project. The environmental checklist, as recommended in the California Environmental Quality Act (CEQA) Guidelines, identifies environmental impacts that could occur if the proposed project is implemented. The right -hand column in the checklist lists the source(s) for the answer to each question. The sources cited are identified at the end of this section. METHODOLOGY AND APPROACH FOR IMPACT ANALYSIS Most CEQA documents are prepared for development or planning projects, a condition in which a project proponent or agency is proposing to build something that does not currently exist. On a vacant project site, a new proposed project would create a land use and physical set of improvements that did not exist before. If the site is already developed, then the new project would replace one set of land uses and physical improvements with a new and different set. In both cases, the physical impact — an increment of physical change — is clear and distinct when compared to the existing environment. The proposed project is the adoption and implementation of an ordinance intended to reduce the use and disposal of single -use polystyrene foam food ware. The project will not eliminate single -use food ware of all types, nor necessarily reduce the amount of food ware being used, but will reduce quantities of these products composed of polystyrene foam currently being used in Santa Clara County. While the ordinance will phase -out a particular material type (PS foam), food vendors and retail customers will be allowed to choose among other readily available substitute products for each of the various food ware containers. Therefore, there will be a reasonably foreseeable shift away from EPS foam products to substitute products made of materials that would not be subject to the phase -out. The CEQA analysis in this Initial Study will focus on the environmental consequences associated with the manufacture, transport, use, and disposal of the substitute products made from allowed materials. In choosing to phase -out EPS foam food ware, each participating jurisdiction must be informed as to whether any of the substitute products has its own unacceptable unintended environmental consequences. Key questions include: to what degree will various substitute products occupy the `void' left by banning EPS foam products, where and how are the substitutes made, are they typically disposed in landfills, composted, or recycled, and are there particular environmental issues or hazards (as compared to EPS foam products), if they become litter? All CEQA analyses require some degree of forecasting, and that is true of the analysis in this Initial Study. The project is the adoption and implementation of a model ordinance and the following discussion of environmental impacts forecasts how businesses and consumers will comply with the ordinance, and what changes those efforts to comply might make to the physical environment. CEQA does not require that the environmental analysis engage in speculation, but that a good faith EPS Foam Food Ware Ordinance Initial Study City of San Jose 159 July 2013 effort be made to identify and disclose the likely direct, and reasonably foreseeable indirect, physical changes to the existing environment resulting from the project being approved. Maximum Impact Scenario This Initial Study analyzes the maximum impact scenario that could occur with the adoption of a polystyrene foam food ware ordinance by jurisdictions in Santa Clara County (acknowledging such an ordinance is already in effect in Palo Alto and unincorporated County areas). The maximum impact scenario is a set of assumptions about the scope of the ordinance that would likely result in the greatest amount of change, which would reasonably be assumed to result in adverse environmental impacts, including full implementation by all jurisdictions and compliance by all of the affected business vendors and other entities.' Failure to comply with the ordinance, for example, would not cause any change from existing conditions and would not, therefore, result in any "impact" from the project. In addition to banning EPS foam food ware use at restaurants and other food vendors, two options for additional regulation of EPS food ware products may also be adopted by one or more of the participating cities or towns. Adoption of the model ordinance with both options, a restriction of sales of EPS foam food service ware in stores and sales outlets and a restriction of sales of EPS coolers or ice chests which are not wholly encapsulated or encased within a more durable material, would represent the maximum impact scenario. While the following discussion of environmental effects of the maximum impact scenario assumes that all of cities and towns in Santa Clara County would adopt the ordinance with the two options as described, the most basic purpose for preparing any CEQA analysis is to provide useful information to the decision makers, who may subsequently choose to modify the project based on the Initial Study or other information. An individual jurisdiction (e.g., city or town) might, for example, decline to adopt the ordinance exactly as it is described in this Initial Study, or the various cities and towns might each adopt slightly different ordinances. CEQA allows a lead or responsible agency to approve a smaller or lesser impact project than that described in the Initial Study, or to approve a part of the project described in the Initial Study. In addition, the project may be changed in order to incorporate new elements that will further reduce or avoid adverse impacts, and it can still be covered by the same environmental review (e.g., this Initial Study). In the discussions that follow, impacts will be discussed in the context of the entire area covered by the 14 cities and towns considering adoption of an EPS foam food ware ordinance. It also covers amendments to existing ordinances in the City of Palo Alto and unincorporated Santa Clara County. As noted above, the maximum impact scenario will entail the adoption of the model ordinance and both options by each jurisdiction. Any ordinance or set of ordinances that is implemented by anything less than the 14 cities and towns and modifications for the two jurisdictions that cover the remainder of the County would (by definition) result in less change from the existing conditions producing less impact (as well as reduced benefits in terms of the amount of EPS litter reaching waterways), and those impacts would therefore be within the impact parameters of the analysis completed in this Initial Study. If a potentially significant impact from adoption of the model ordinance is identified countywide, the discussion will also disclose whether the impact could also be s The maximum impact scenario is not the same thing as a "worst case ", which implies extreme conditions. EPS Foam Food Ware Ordinance Initial Study City of San Jose 'Z 60 July 2013 significant at the local jurisdictional level (i.e., would the impact from a single city or town also be significant). CEQA requires that an environmental impact analysis identify the impact of a proposed project upon the existing physical conditions "on the ground ". "Existing" is usually defined as conditions which existing at the time the environmental analysis begins. The environmental analysis for this project was undertaken in Spring 2013. The date therefore defines the baseline period for this environmental analysis. Baseline EPS Foam Food Ware Use PS foam is one of a number of materials used to manufacture disposable or single -use food service ware. Precise information on the number of EPS foam cups, plates, clamshells and food trays used or distributed within the project area (i.e., within each jurisdiction or cumulatively across Santa Clara County) is not readily available from government agencies or other independent sources. In the absence of precise data, an estimate for the project area can be derived in several ways from readily available information on EPS foam food service ware: 1) manufacture, 2) occurrence in the waste disposal stream and 3) as litter. Where information is for larger sample areas (e.g., national or state) estimates are presented on a per capita basis. For smaller sample areas (e.g., an individual city or town), projected baseline rates for the project area (i.e. incorporated jurisdictions in Santa Clara County) are adjusted on both a per capita or per service population (residents + jobs) basis to reflect the influence of both residents and the daytime population of employees (refer to Appendix B for a detailed discussion of baseline estimates). As appropriate, per capita estimates for individual jurisdictions are also provided for informational purposes. The purpose of this discussion is allow for a big picture, or overall view, of the materials that would be replaced with substitute products if the model ordinance is approved and implemented. Baseline Estimates Based on EPS Foam Food Ware Production Information on the number of single use EPS foam food ware containers (e.g., cups, bowls, plates, clamshells and ice chests) used in the project area was not found to be readily available. Estimates of EPS foam food ware use were assessed based upon available information on EPS foam production and sales, waste characterization and litter studies (refer to Appendix B). EPS foam food ware used in the project area consists of an unknown mixture of products, including plates, cups, trays and clamshells. An equivalent number of items per pound for individual products can be estimated, however. One pound of EPS foam food ware would be equivalent to about: • 46 8 -inch clamshells or • 53 9 -inch plates or • 91 16 -ounce cups or • 53 32 -ounce cups. Based upon a review of the categories for polystyrene resin sales and production (in the U.S., Canada and Mexico) in the 2012 Edition of The Resin Review, the baseline use of EPS foam food ware could range from about 1.8 pounds per capita to a high of about seven (7) pounds per capita. EPS Foam Food Ware Ordinance Initial Study City of San Josh 161 July 2013 Baseline Estimates Based on Waste Characterization Studies Waste characterization studies that cover some or all of the project area include both statewide studies and studies conducted within the Cities of San Jose, Sunnyvale, Mountain View and Palo Alto. EPS foam food ware is a component of solid waste in the plastics category. A waste characterization study for the residential and commercial sectors was conducted in the City of San Jose in March 2008.6 Based on this waste characterization study, an estimate of annual EPS foam food ware use (not accounting for materials improperly disposed of as litter and not collected) would be up to 2,621 tons, or 5.3 pounds per capita and 3.9 pounds per service population.' This estimate could be a conservatively high value for EPS food ware use as the total expanded polystyrene subcategory includes some items, such as egg cartons and packing materials that would not be affected by the model ordinance. A 2010 waste characterization report found that EPS' food packaging makes up an estimated 689 tons per year of waste transferred to the landfill from the cities of Sunnyvale and Mountain View after materials recovery at the Sunnyvale Materials Recovery and Transfer Station (SMaRT Station®). This is about 0.5 percent of the total waste disposed.9 The EPS food packaging subcategory specifically included clamshells, cups, plates, and bowls. Annually, this represents approximately 6.4 pounds per year per capita or 4.1 pounds per year per service population of the two cities. 10 Limited user surveys have been undertaken in the City of Milpitas and unincorporated Santa Clara County of businesses that use single -use disposable food containers. In a survey of 25 businesses in the City of Milpitas, about one -half (13) used EPS foam food containers. Of the businesses that use polystyrene take -out containers, the majority estimated use of more than 2,000 pieces per month of clamshells, soup cups with lids, hot drink cups, cold drink cups, plates, and other products.11 An estimate of monthly use by food service businesses was not projected citywide, however. Based upon local waste characterizations within Santa Clara County, EPS food ware appropriately disposed of is conservatively about 4 pounds per service population. Service population is defined as residents + jobs in a jurisdiction or area. 6 Cascadia Consulting Group. "City of San Josh Waste Characterization Study Final Report — DRAFT." May 2008. Prepared for the City of San Josh. ' Based upon an estimated population of 985,307 and a service population of 1,354,757 (985,307 residents plus 369,450 jobs) for the City of San Josh in 2008. (Source: City of San Josh. "Envision San Josh 2040 General Plan Final Program EIR." 2010.). 8 Note: In some studies, the term EPS refers to all EPS foam food ware, both expanded (e.g., cups) and extruded foam (e.g., plates and clamshells). Unless otherwise noted, EPS categories in waste categorization studies includes both types of EPS foam food ware. 9 Cascadia Consulting Group. "City of Sunnyvale Waste Characterization Report." November 2010. Prepared for the City of Sunnyvale. 10 Based upon a combined population for the cities of Sunnyvale and Mountain View in 2010 of 214,147 persons and a service population of 337,147 (residents + jobs). (Sources: 2010 Census data and Association of Bay Area Governments. "Draft Plan Bay Area: Draft Forecast of Jobs, Population and Housing." March 2013) " Cascadia Consulting Group. "Expanded Polystyrene Food Service Take -Out Container Study." April 26, 2011. Prepared for the City of Milpitas. EPS Foam Food Ware Ordinance Initial Study City of San Josh 1962 July 2013 Baseline Estimates Based on Litter Studies Litter is waste that is improperly discarded. Due to the aesthetic, health, and environmental effects of litter, a number of organizations and government agencies track and characterize trends in litter generation, human behavior, and fate in the environment. It is important to note that it is difficult to document and categorize litter because it is the result of human behavior (frequently impulsive behavior) and littered materials are operated on by various environmental factors, such as wind, sunshine, and rain. For example, the amount of a particular type of litter may vary on the street versus in a storm drain due to the weight and transportability of the material (e.g., EPS easily blows or washes away from a location where it is dropped). It is also difficult to compare study results because there is no one standardized methodology that is appropriate for studies in all environments (e.g., streets, highways, parks, waterways, and shorelines). Street Litter Studies The City of San Jose has conducted a number of trash characterization studies at locations throughout the City that look at counts and /or the volume of litter found in the environment. Studies conducted on city streets include: • SAIC. The City of San Jose Streets Litter 2008. September 30, 2008. Prepared for City of San Jose Department of Environmental Services. • City of San Jose. Targeted Litter Assessment. 2009. • City of San Jose. Litter Assessment Data. 2012. Spreadsheet. The street litter assessments completed in San Jose range from a random sampling of counted litter (2008 Streets Litter) to surveys of litter "hot spots" with litter counts recorded. The 2008 street litter survey counted items of litter found at 125 randomly selected sites. EPS foam cups were found to make up 0.65 percent of the "large litter" counted. EPS foam plates and clamshells made up 0.1 and 0.05 percent respectively, for a total of 0.8 percent of EPS foam food ware. The 2009 and 2012 litter assessments used similar methodology for counting, however, they targeted areas known to accumulate litter. The 2009 targeted litter assessment included litter counts at 48 sites in the City of San Jose with relatively high concentrations of litter (e.g., litter "hot spots "). A total of 7,917 pieces of litter were counted from the 48 sites for an average of 165.5 items per site. At the targeted sites, the percent of total "large litter" included 1.6 percent polystyrene foam cups, 0.4 percent polystyrene foam food plates, and 0.2 percent polystyrene clamshells. Polystyrene trays, which depending on their use, may not be covered by the proposed ordinance made up about 0.2 percent of the total large litter. In 2012, litter was counted at 31 sites in the city where litter was known to accumulate. Polystyrene food ware products made up about 3.5 Comparison with Street Litter Studies Elsewhere In a 2012 study underwritten by the American Chemistry Council Plastics Foodservice Packaging Group, Environmental Resources Planning LLC summarized the results of a number of litter characterization studies that recorded amounts of polystyrene foam food service products in urban litter. This summary included the 2008 San Jose street litter study. A median value of 1.5 percent of "large" litter' (by count) was reported to be EPS foam food ware, based upon 19 surveys between 1994 and 2008 in jurisdictions in the United States and Canada. EPS Foam Food Ware Ordinance Initial Study City of San Jose 2L63 July 2013 percent of the total litter counts. The breakdown by polystyrene food ware type was 2.2 percent polystyrene foam cups, 0.8 percent polystyrene foam food plates (rounded), and 0.1 percent polystyrene clamshells (rounded). Polystyrene foam trays were approximately 0.5 percent of the 2012 total litter count (refer to Appendix B for more detail on the results of litter assessments). EPS foam food ware generally makes up four percent or less of total litter by any of these measures. EPS cups and plates appear to be more prevalent in these street litter assessments, where measured, than EPS clamshells. Individual subcategories (e.g., EPS foam plates, clamshells) likely are less than one percent of total litter by count. Total street litter loads citywide on an annual or other basis are not available. Stormwater System Studies Based upon recent studies completed by the Santa Clara Valley Urban Runoff Pollution Prevention Program ( SCVURPP) in storm drain catch basins, approximately 3,900 cubic yards of trash that could reach creeks through the storm sewer system in the San Francisco Bay Basin is estimated to be generated annually. 12 SCVURPPP estimates that approximately eight (8) percent of this trash by volume, or 311 cubic yards, is EPS foam food ware. 13 It is important to note that this study focused on trash entering creeks via municipal storm drainage systems and does not include EPS foam litter deposited directly in waterways via wind or direct dumping. The stormwater system studies conducted by SCVURPP do not cover the area of Santa Clara County south of Morgan Hill, including the cities of Morgan Hill and Gilroy, which drain to Monterey Bay. Available information on litter reaching waterways in this area is limited and is based upon litter collection efforts within creeks rather than the storm sewer system. Trash has been collected twice per year along several local creeks in the Morgan Hill and Gilroy areas since 2007 and the weight of trash (and recyclables) collected reported.14 Tens of pounds to over 1,000 pounds of trash were collected at individual sites. A breakdown of the composition of trash collected (e.g., plastics, paper, EPS foam food ware) is not included in the past events results posted by the Creek Connections Action Group, which organizes the annual cleanups. Summary of Litter Study Results Data collected in some recent street and storm sewer system litter surveys provides information on the relative proportion of EPS foam food ware in litter. By all measures (volume and counts) the proportion is generally less than 10 percent by volume in stormwater system litter and ranging from less than one percent to 3.6 percent by count in street litter. 12 SCVURPPP. "Urban Runoff Trash Management: Reducing Impacts in Santa Clara Valley Creeks and San Francisco Bay." February 2013. Available at: < hiip : / /www.scvuEFpp- w2k.com/pdfs /1213 /Trash Factsheet_2012- Final _Feb.pdf>. See Table 4.9 -2 in Section 4.9 Hydrology and Water Quality of this Initial Study for a breakdown of estimated trash loads in storm drain systems by jurisdiction for the SCVURPPP area (Santa Clara County north of Morgan Hill). 13 CalRecycle lists the density of "Polystyrene blown, formed foam" as 9.62 pounds per cubic yard in a posted list of conversion factors for various types of waste. Applying this factor, would yield about 3,000 pounds of EPS foam food ware (refer to Appendix B). " Creek Connections Action Group. "Past Events Results ". Accessed April 24, 2013. Results for individual clean ups Available at: < hllp:// www. cleanacreek .ora/Pasteventsresults _main %20page.asp >. EPS Foam Food Ware Ordinance Initial Study City of San Josh 264 July 2013 As noted previously, the SCVURPP litter characterizations do not include litter directly deposited in waterways by wind or dumping and weight is generally not used in local litter studies as it does not assist with the assessment of the visibility or persistence of different types of litter in the storm drain systems and creeks. In conclusion, the available baseline information for EPS food ware appearing as litter in Santa Clara County is: • Street Litter: about 0.8 -3.6 percent by count of large litter (four square inches in area or more) on streets based upon citywide and hot spot street litter surveys in San Jose; and • Stormwater System Litter: — about eight (8) percent by volume based upon SCVURPP litter characterizations (i.e., trash loading) in storm drain systems discharging to creeks and waterways." — about 311 cubic yards of EPS trash (roughly 3,000 pounds) per year in the SVURPP area. Users and Manufacturers of EPS Foam Food Ware The proposed model ordinance would restrict the use of single -use disposable EPS foam food ware in participating jurisdictions. A summary of the number of facilities and vendors with food handling permits in Santa Clara County is provided in Table 4.0 -1. Food facilities covered by the County's permit program include restaurants, markets, bakeries, liquor stores, bars, certified farmers' markets, food service at fairs and festivals, catering trucks, hot dog carts, ice cream trucks, produce vehicles, and food vending machines. Provisions of the ordinance, including the sale of empty EPS foam food ware and ice chests, could also apply to other vendors within the project area. The number and types of businesses and facilities are summarized in Table 4.0 -2. Secondary or Indirect Effects on Businesses Section 15382 of the CEQA Guidelines defines a significant effect on the environment as "substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant." " Refer to Table 4.9 -2 in Section 4.9 Hydrology and Water Quality for a breakdown by jurisdiction. EPS Foam Food Ware Ordinance Initial Study City of San Josh 265 July 2013 Table 4.0 -1: Permitted Food Vendors in Santa Clara County Jurisdiction Food Service' Caterer Mobile Food Facility Grocery Stores Other 2 San Jose 2,636 49 710 617 354 Campbell 188 14 6 42 54 Cupertino 230 2 4 28 36 Gilroy 188 0 31 66 19 Los Altos 89 1 2 15 30 Los Altos Hills 4 0 0 1 0 Los Gatos 157 3 4 37 31 Milpitas 347 3 5 55 40 Monte Sereno 0 0 0 0 0 Morgan Hill 154 0 6 39 21 Mountain View 380 4 50 70 159 Palo Alto 350 0 7 40 60 Santa Clara 568 13 144 102 57 Stanford 120 0 18 3 8 Saratoga 78 0 7 13 38 Sunnyvale 449 1 10 93 57 Unincorporated Santa Clara County 56 0 118 15 67 Total 5,994 90 1,122 1,236 1,031 Source: County of Santa Clara Department of Environmental Health, Food Safety Permit Program (2013) Food Service includes restaurants, cafes, delicatessens and other locations where food is prepared on -site (e.g., delicatessens in grocery stores). 2 Other includes: food demonstrators and short-term events. EPS Foam Food Ware Ordinance Initial Study City of San Josh 266 July 2013 Table 4.0 -2 Summary of Businesses and Facilities That May Sell, Use or Manufacture EPS Foam Food Ware Information Cate or Data Sources Consumption Restaurants /Food • 224 gas stations with • U.S. Census Bureau. 2010 Service Vendors in convenience stores County Business Patterns. Santa Clara County 2010. • 8,237 permits for food service, • County of Santa Clara caterers, mobile food service, Department of Environmental and other Health (refer to Appendix B, Table B -1 Grocery Stores in • 1,236 grocery stores • County of Santa Clara Santa Clara County Department of Environmental Health, Food Safety Permit Program (refer to Appendix B, Table B -1 Sporting Goods • 123 sporting goods stores • U.S. Census Bureau. 2009 Stores in Santa Clara County Business Patterns. County 2009. Merchandise Stores in • 42 department stores (includes • U.S. Census Bureau. 2010 Santa Clara County discount department stores) County Business Patterns. • 71 general merchandise stores 2010. (includes warehouse clubs and su ercenters Retail/Pharmacy in • 190 pharmacies and drug • U.S. Census Bureau. 2010 Santa Clara County stores County Business Patterns. 2010. Hardware Stores in • 38 hardware stores • U.S. Census Bureau. 2010 Santa Clara County County Business Patterns. 2010. Statewide Producers PS Foam • 77 polystyrene foam • U.S. Census Bureau. Industry Manufacturers manufacturers in California Statistics Sampler. 2007. — 9.74 percent of value of U.S. shipments — 3,389 employees EPS Foam Food Ware Ordinance Initial Study City of San Josh 'A 67 July 2013 Indirect or secondary effects are impacts caused by a project that occur later in time or are farther removed in distance, but are still reasonably foreseeable. 16 Secondary effects may include effects related to induced changes in patterns of land use, population density, or growth rate, and related effects on air and water and other natural systems, including ecosystems. Effects analyzed under CEQA must be related to a physical change in the environment. The proposed project is a model ordinance that would limit the use and sale of single -use polystyrene foam food ware and ice chests in Santa Clara County. Businesses that could be affected by the ordinance include restaurants, cafes, cafeterias, limited service restaurants (such as delicatessens, sandwich shops, fast food and drive- through restaurants), grocery and convenience stores, sporting goods and drug stores (e.g., EPS foam ice chest sales), restaurant supply companies, stores that currently sell or use EPS foam food ware and companies that manufacture these products. As described by Economic & Planning Systems, Inc., in Economic Impact Analysis of EPS Foodware Costs prepared for the City of San Jose, there is currently a cost differential between EPS foam food ware products and likely substitutes. 17 The city includes a diversity of restaurants and greater economic effects would be expected to be experienced by food vendors that currently have a heavy use of EPS foam food ware for hot liquids and smaller lower revenue restaurants. As the cost of EPS foam food ware is one of many variable costs at food related businesses, the analysis concluded that it is unlikely that the ordinance would result in substantial business failures (e.g., that in turn could result in economic blight with land use consequences). To the extent demand for EPS foam food ware would drop within a major urban market in California, production at manufacturing facilities, especially in California, could be affected. A drop in demand from individual cities is unlikely to be substantial, however, the implementation restrictions throughout the County, in combination with other EPS foam food ware bans elsewhere, would be a noticeable change in demand. The possible cumulative indirect effects on the environment associated with a reduction in demand for products produced at EPS foam food ware manufacturing facilities are addressed in Section 4.18.3 Cumulative Impacts of this Initial Study. Baseline Conclusions In summary, the baseline estimates for the project area (Santa Clara County) are follows: Baseline for EPS food ware used annually in Santa Clara County — Counts for various products (cups, plates, clamshells) that could be applied countywide are not readily available. Based upon a review of the categories for polystyrene resin sales and production in the 2012 Edition of The Resin Review, the baseline use of EPS foam food ware could conservatively range from about 1.8 pounds per capita to a high of about seven (7) pounds per capita on an annual basis. 2. Baseline for EPS food ware appropriately disposed as waste annually in Santa Clara County — Based upon waste local characterization studies within Santa Clara County, EPS 16 CEQA Guidelines Section 15358(a)(2). 17 Economic and Planning Systems, Inc. "Economic Impact Analysis of EPS Foodware Costs." November 2012. Prepared for the City of San Jose. EPS Foam Food Ware Ordinance Initial Study City of San Jose 2L68 July 2013 food ware appropriately disposed of annually is conservatively 2.9- 4.1 pounds per service population (residents+ jobs) or 5.3 -6.4 pounds per capita. The per capita estimate of about six pounds per year is within the range of the estimate noted above for annual food ware use (based upon production). 3. Baseline for EPS food ware appearing as litter in Santa Clara County — Based upon data collected in some recent street and storm sewer system litter surveys: • Street Litter: about 0.8 -3.6 percent by count of large litter (four square inches in area or more) on streets based upon citywide and hot spot street litter surveys in San Jose; and • Stormwater System Litter: — about eight (8) percent by volume based upon SCVURPP litter characterizations (i.e., trash loading) in storm drain systems discharging to creeks and waterways. 18 — about 311 cubic yards of EPS trash (roughly 3,000 pounds) per year in the SVURPP area. 4. Baseline for types of businesses and activities covered by the ordinance — The ordinance would apply to a wide range of businesses and activities within the Santa Clara County project area. Over 8,000 businesses or organizations have food handling permits from the County of Santa Clara, including restaurants, cafes, mobile food service, caterers, grocery stores, convenience stores, and special events. Other vendors whose sales would be covered activities include several hundred restaurant and food service suppliers, warehouse stores, retail /pharmacy stores, sporting goods and hardware stores. Substitute Products Under the proposed ordinance, food vendors and providers would be prohibited from distributing EPS foam food service ware. Businesses and other establishments are expected to replace EPS foam items with substitute products which are already in use today. These products are made from the following materials: Plastics Hydrocarbon polymer resins such as polypropylene (PP), polyethylene terephthalate (PET), polycarbonate (PC), and polystyrene 19 (PS) can be used to manufacture disposable foodservice ware products such as cold drinking cups, bowls, clamshells, plates, and trays. Other plastics such as polyethylene and polyvinyl chloride could be used for these products, but PP, PET, PC, and PS are already widely used by food vendors. Like EPS foam, these materials are derived from petroleum refining and processing. Though some jurisdictions do not accept soiled plastics, in general all of these plastic resins are recyclable in Santa Clara County for both residential and commercial customers. " Note: These studies do not include litter directly deposited in waterways by wind or dumping. 19 When a blowing agent is added, polystyrene can be turned into expanded polystyrene (EPS). The proposed ordinance would only prohibit foamed polystyrene. EPS Foam Food Ware Ordinance Initial Study City of San Josh 269 July 2013 Bioplastics Bioplastics are derived from plants and food by- products such as corn, whey, and sugar beets. The oils and starches of these plants can be separated from the plant and converted through a series of refining processes to hydrocarbon polymer chains. The No' in bioplastic refers to the plant feedstock, not to its biodegradability. That is, not all bioplastics are biodegradable. The most common bioplastic is polylactic acid, or PLA. PLA is similar to plastics such as PP, PS, and PET and can be formed into resin pellets which are melted and molded into products such as cold cups, plates, bowls, and clamshells. Another example of a bioplastic made from the aforementioned feedstocks is polyhydroxyalkanoate (PHA). The differences between PHA and PLA, aside from their chemical structures, are the refining processes used to make them. PLA is currently the most common bioplastic and is compostable in industrial compost facilities. PLA is inert in landfills and is not designed to degrade in the marine environment. PLA and PHA bioplastics are not recyclable. Fiber - Paperboard/Molded Pulp Photo 5: Examples of Paperboard and Molded Pulp Products Many disposable food service products are made from the fibers of trees, which are processed into a pulp which can then be formed into paper. Paperboard is a thick paper material that is typically lined with plastic or wax to prevent moisture absorption and to increase product strength. It is commonly used for hot and cold cups, soup bowls, and plates, though it is possible that food vendors might also use paperboard clamshells, boxes and trays. Molded pulp products can be made from virgin (newly - produced) or recycled paper fiber and formed into clamshells, bowls, and trays. Molded pulp products are identifiable by their rough texture and they are usually not lined. Some jurisdictions recycle fiber food service products, but many dispose of them in landfills. Fiber food service ware is compostable in industrial or municipal composting facilities regardless of the coating.20 It will degrade in a water environment and may remain inert in a landfill. Biodegradable Plant Fiber Many products that are made from wood fiber can also be made with fibers from sugar cane, bulrushes, and wheat. Plant fibers such as bagasse, the fibers remaining from the sugar cane pulping process, are extracted during plant processing and used to make products in ways 20 Compost is decomposed organic material that can be incorporated with soil or fertilizers. EPS Foam Food Ware Ordinance Initial Study City of San Jose 27270 July 2013 similar to those of molded paper products. Biodegradable products can be composted in large scale municipal or industrial compost facilities and will degrade in a water environment. For jurisdictions that do not offer composting services, plant -based biodegradable products are disposed in landfills. Biodegradable plant fiber products may remain inert in a landfill depending on the exposure to moisture. Food vendors use a range of food service ware products made from different material types based not only on price, but also the characteristics of the material. For example hot drinks are generally not served in plastic cups because plastic cups do not insulate well and if the liquid is too hot, the cup can lose its strength. As a result, food vendors typically use either EPS foam or lined paperboard to serve hot liquids. That same food vendor may use plastic products for other foods such as salads for reasons such as price, durability, and /or customer preference. The following table outlines the products that are likely to be substituted for EPS foam products by food vendors and retailers. Table 4.0 -3 EPS Substitute Products PS Foam Product I Substitutes' Hot Cu s — Coffee, tea, hot chocolate Light and insulating, EPS Lined paperboard is the most foam hot cups may come likely substitute material. It is with a plastic lid to durable and light, but does not C prevent spilling. Once insulate very well. As a result, used, these cups are paperboard hot cups frequently disposed in landfills. + - come with a corrugated sleeve. Paperboard can be composted or (Note: Newby Island landfilled, and some Resource Recovery jurisdictions do accept it for recycles clean polystyrene recycling. Lined biodegradable foam that is dropped off plant fiber materials could also at the landfill. All other be used to make these products, facilities landfill EPS though they are not widely foam.). available today. Cold Cum — Soda, water, smoothies, milkshakes Lined paperboard and plant fiber PS foam cold cups products as well as all plastic minimize "sweating," or products can function as condensation associated substitute cold cups. Water with the cool temperature resistance is a necessary — of the liquid inside. They characteristic of these products. usually come with an Other characteristics such as opaque plastic lid and a weight, durability, and insulation straw. These cups may are factors. Depending on the only be disposed in a material, they can be recycled, landfill. composted, or in some cases must be landfilled. EPS Foam Food Ware Ordinance Initial Study City of San Jose '871 July 2013 Table 4.0 -3 EPS Substitute Products PS Foam Product I Substitutes Bowls — Soups and salads As with hot drinks, plastic and bioplastic materials would generally not be used for soups. PS foam bowls have All materials could be used for characteristics necessary bowls that do not hold hot to support liquid and solid liquids. Plastic bowls can be hot and cold food recycled and fiber bowls, including water depending on the material, are resistance, insulation, and recyclable or compostable. PLA durability. EPS foam bowls are compostable in bowls are disposed in industrial composting facilities. landfills. Clamshells PS foam clamshells offer some durability and are low 5 An exact replacement of a EPS foam clamshell would likely be plastic or PLA, since foldable, very weight (— -10 closable fiber -based clamshells grams). Clamshells are not widely available. Food typically have one main vendors may also choose compartment or three paperboard products similar to compartments as seen the one shown here to substitute here. EPS foam ev for clamshell packaging. Plastic clamshells must be products would be recycled; landfilled. paper products would likely be either landfilled or composted. Plates r EPS foam plates are light- Fiber -based plates are common weight and water and would be a likely substitute resistant, though their for EPS foam plates. Some limited durability can �`< paper plates such as the one require users to stack two shown here (top) are thin and are plates to prevent spilling. frequently stacked by users to As with all EPS foam provide strength. Plastic or PLA food service products, plates can be used as a more `- used EPS foam plates are durable, rigid alternative. not recyclable or Depending on the material, the compostable. substitutes would be landfilled, recycled, or composted. EPS Foam Food Ware Ordinance Initial Study City of San Jose 2972 July 2013 Table 4.0 -3 EPS Substitute Products PS Foam Product Substitutes Trans Substitute food trays can be made with paperboard, molded PS foam trays are light, pulp, biodegradable fibers, stackable, and generally plastics, or PLA, though plastic molded with multiple offers more durability than fiber - compartments. Used EPS based products. Plastic food foam trays are landfilled. trays could be recycled and fiber -based food trays either composted or landfilled. Ice Chests PS foam ice chests are At this time there are no light and offer good identifiable disposable substitute insulation, though they ice chests. It is expected that the break apart more easily alternatives to EPS foam coolers than the available are durable multi -use ice chests substitutes. EPS foam ice or cooler bags such as the chests are disposed in products shown here. These are landfills, though if clean typically made of plastic may be accepted for - materials and offer insulation recycling at some and durability. Durable ice recycling centers. chests and coolers are not recyclable or compostable. Though the Substitutes column focuses mainly on plastic and paper products, plant -based plastics such as PLA and plant -based fibers such as bagasse can also provide substitutes in the same ways that plastic and paper can, respectively. Plastics are recycled when markets exist. a Many images shown in this table were obtained through internet image searches and are not intended to promote a particular product or brand name. Post -ban Usage Estimates of Food Ware Substitutes To arrive at the estimates of potential impact from the proposed ordinance, two basic pieces of information are needed: (1) the current amount of polystyrene foam food ware used in the project area and (2) the amount of substitute single -use disposal food ware that will replace this food ware after the ordinance takes effect. The current use of EPS foam food ware is the baseline, as discussed above. The difference between those two numbers is the direct impact of the ordinance. Of necessity, all three of the numbers — existing, future, and the difference between them — are estimates and approximations from readily available information. EPS Foam Food Ware Ordinance Initial Study City of San Jose 373 July 2013 As challenging as it is to establish a baseline for current EPS foam food ware use within Santa Clara County, predicting the behavior of affected food vendors and retail customers once a ban is in effect in a given jurisdiction is even more problematic. It is not anticipated that by banning EPS foam food ware, the overall amount of single -use disposable food ware would be reduced. Rather, there should be a shift away from EPS foam to containers made from the various substitute materials described above. It is not possible to predict with certainty what future proportional share each substitute material (e.g. rigid plastics, bioplastics, fiber, etc.) will occupy for a given container type (e.g. clamshell, hot vs. cold cup, plate, bowl, etc.). In evaluating its proposed food vendor ban, Palo Alto in 2009 assumed a shift to containers made from substitute materials based on a 2008 study for the City of Seattle by Herrera Consulting, Inc. evaluating the effects of a ban on EPS foam clamshells. Palo Alto projected no continued use of EPS foam and therefore distributed the Herrera estimates from EPS foam to paper and recyclable plastic, which includes compostable plastic. The City of San Jose, exercising reasonable discretion in its role as the lead agency evaluating the proposed model ordinance, has chosen to rely upon the assumptions developed in 2008 by Herrera Consulting, Inc. for the City of Seattle and employed by Palo Alto in its environmental review for its EPS foam food ware ban. Table 4.0 -2 below is based on Table 6 -14 from Herrera Environmental Consultants, Inc. (pg.6 -23). The actual shifts or split in composition between plastic and paper food containers in any of the jurisdictions may be different than the 85 percent plastic versus 15 percent paper assumed (e.g., a particular jurisdiction may experience a shift that is 81 percent plastic and 19 percent paper or 89 percent plastic and only 11 percent paper, or some other split that is predominantly plastic and to a much lesser extent paper) and may change over time and from year to year. For example, in a particular jurisdiction, the split may change from one year to the next from 81 percent plastic and 19 percent paper to 89 percent plastic and 11 percent paper. Shifts may be influenced by changes in price, product availability and as new products enter the market. For the purpose of this analysis, the assumptions used by the City of Palo Alto and in the City of Seattle provides the lead agencies' anticipated predominant shift to recyclable plastic for disposable food containers overall. The County of Santa Clara in 2012, in evaluating its proposed food vendor ban for unincorporated areas, identified the range (consistent with Table 4.0 -1 above) of available EPS food ware substitutes, but did not attempt to quantitatively predict what shift (i.e. the increased amount of a substitute material) would occur. EPS Foam Food Ware Ordinance Initial Study City of San Josh 3L74 July 2013 Table 4.0 -4 Anticipated Shift to EPS Foam Substitutes Projected Percent of Use of Type of Disposable Food Disposable Food Service Service Container Container Expanded Polystyrene 0% Recyclable Plastic' 85% Paper 15% 'Note: PLA plastic, which is one type of plastic substitute, is not recyclable and is compostable in industrial compost operations. The actual shifts or split in composition between plastic and paper food containers in any of the jurisdictions may be different than the 85 percent plastic versus 15 percent paper assumed (e.g., a particular jurisdiction may experience a shift that is 81 percent plastic and 19 percent paper or 89 percent plastic and only 11 percent paper, or some other split that is predominantly plastic and to a much lesser extent paper) and may change over time and from year to year. For example, in a particular jurisdiction, the split may change from one year to the next from 81 percent plastic and 19 percent paper to 89 percent plastic and 11 percent paper. Shifts may be influenced by changes in price, product availability and as new products enter the market. For the purpose of this analysis, the assumptions used by the City of Palo Alto and in the City of Seattle provides the lead agencies' anticipated predominant shift to recyclable plastic for disposable food containers overall. The County of Santa Clara in 2012, in evaluating its proposed food vendor ban for unincorporated areas, identified the range (consistent with Table 4.0 -1 above) of available EPS food ware substitutes, but did not attempt to quantitatively predict what shift (i.e. the increased amount of a substitute material) would occur. EPS Foam Food Ware Ordinance Initial Study City of San Josh 3L74 July 2013 Life Cycle Analyses There is a range of information available about single -use disposable food ware and its fate in the environment. Much of the information is generated by people with an economic interest in one or another of the products or groups with interests regarding litter in waterways and the ocean and /or recycling and composting. There is also some technical analysis that has been done in the form of life cycle analyses (LCAs) of various materials used in single -use disposal food ware. A LCA assesses the raw material production, manufacture, distribution, use, and disposal (including all intervening transportation steps) of a given product. A review of the LCAs available on this topic is included in Appendix C. Information from these analyses is discussed in relevant sections of the Initial Study, such as Section 4.3 Air Quality, Section 4.7 Greenhouse Gas Emissions and Section 4.17 Utilities and Service Systems, along with limitations on their use. Project Effects In general, the effects of implementation of the proposed ordinance would be indirect effects experienced within Santa Clara County and the South San Francisco Bay Area. The proposed ordinance could result in secondary or indirect effects at more distant locations as EPS foam food ware use in the project area is transitioned to substitute materials. Project effects could include: • Changes in criteria pollutants, toxic air contaminants or greenhouse gas emissions at manufacturing facilities, generally outside the San Francisco Bay Air Basin; • Changes in water quality associated with waste water discharges from the manufacture of substitute products; • A reduction in polystyrene foam in waterways and an increase of substitute products. These possible indirect or secondary effects are discussed in Section 4.3 Air Quality, Section 4.7 Greenhouse Gas Emissions, Section 4.8 Hazards and Hazardous Materials, and Section 4.9. Hydrology and Water Quality. EPS Foam Food Ware Ordinance Initial Study City of San Jose 375 July 2013 4.1 AESTHETICS 4.1.1 Setting 4.1.1.1 Visual Character Overview The visual character of the project area varies across the County and includes both densely developed and open, natural landscapes. The nearly flat, densely developed valley floor is framed by mountains to the east and west and San Francisco Bay to the north. Notable topographic and scenic features include the Diablo Range and Santa Cruz Mountains, riparian vegetation along major waterways including Coyote Creek, the Guadalupe River, Stevens Creek, Permanente Creek, and San Francisquito Creek, and farmland and grazing land, predominantly between the southern border of San Jose and Gilroy. The marshes ringing the San Francisco Bay shorelines from Palo Alto to San Jose are a unique, low lying feature with a mosaic of gray -green vegetation, mud flats, and salt ponds readily viewed from regional trails and some major roadways, such as segments of U.S. 101 and SR 237. Urban development ranges from dense development in downtown areas, with moderate to high -rise buildings punctuating the skyline in San Jose, Palo Alto, and Mountain View, to low - density rural residential areas at the edges of foothills in Palo Alto, Los Altos Hills, Cupertino, San Jose, Morgan Hill and Gilroy. Most of the land within the Santa Clara Valley contains suburban and low -rise residential, office, industrial and commercial buildings within grids of roadways. Parks, schools and community centers provide open, landscaped areas within the developed areas of cities and towns. Litter Littering is illegal in California as defined and prohibited by California Penal Code Section 374. Regulations of the various jurisdictions within the project area also prohibit littering in their municipal codes, especially within public parks. The accumulation of litter on privately owned property that can be viewed from other properties or public streets is also generally prohibited. Although littering is illegal, it is noticeably present in the urban, suburban and rural environments within the project area. Litter is clearly visibly from and within public road rights -of -way and along local creeks. EPS foam, which is generally white in color, can be a highly visible component of litter (Photo 6). EPS is also very buoyant and transportable so it tends to accumulate in collection points (e.g., catch basins, creek vegetation, etc.). Major roads and freeways pass through urban areas and agricultural areas in southern Santa Clara County. The litter that occurs in agricultural fields is likely thrown from vehicles, escapes from trucks hauling garbage along these roads and freeways, or is blown or travels in stormwater or waterways from urban areas (e.g., Morgan Hill and Gilroy). Photo 6. Light - colored food ware litter along creek. EPS Foam Food Ware Ordinance Initial Study City of San Jose '�76 July 2013 This rural litter, therefore, is anticipated to reflect the make -up of trash and litter found along roadways and in the nearby urban areas. From a regulatory standpoint, the San Francisco Bay Regional Water Quality Control Board has required all Municipal Regional Permit (MRP) National Pollutant Discharge Elimination System (NPDES) permittees (cities, counties and agencies) to reduce litter entering waterways through the municipal separate storm sewer system. Some permit requirements relate to visual assessment of waterways and attainment of no visible impact due to trash. It is difficult to document and categorize litter because it is the result of human behavior (frequently impulsive behavior) and the littered material is operated on by various environmental factors, such as wind, sunlight, and rain. It is also difficult to compare study results because there is no one standardized methodology that is appropriate for studies in all environments (e.g., streets, highways, parks, waterways, and shorelines). Comparisons are further complicated by different systems or categories used to identify the materials that are littered. For example, EPS foam food ware is a type of plastic and may not be counted separately from other plastics or miscellaneous categories. Behavior and Local Characteristics of Litter Litter is often discarded at transition points where pedestrians consuming a food (or tobacco products) discard the product before entering.21 Litter also moves within the environment. In addition to being found along roadways and around buildings and bus stops, litter also collects in storm drains, loading docks, recreation areas, near construction sites and in retail districts. Lightweight litter such as EPS foam is easily caught in light winds and may accumulate in sheltered areas. Likewise, in urban waterways, floating litter is carried with runoff and may travel for miles or become entangled in streamside vegetation or urban infrastructure (e.g., stormwater inlets, bridges). The City of San Jose has conducted a number of trash characterization studies at locations throughout the City that look at the volume and /or counts of litter found in the environment. The amount of EPS varied, with differences observed in studies of street litter (on land) versus litter in the storm drain system associated with aquatic environments. These studies appear to be applicable to urban areas in adjacent jurisdictions and include: • SAIC. The City of San Jose Streets Litter 2008. September 30, 2008. Prepared for City of San Jose Department of Environmental Services. • City of San Jose. Targeted Litter Assessment. 2009. • City of San Jose. Litter Assessment Data. 2012. Spreadsheet. The 2008 street litter survey counted items of litter found at 125 randomly selected sites. Litter was categorized by size and material type. EPS foam cups were found to make up 0.65 percent of the "large litter" counted. EPS foam plates and clamshells made up 0.1 and 0.05 percent respectively. This study provides a snapshot of the composition of litter on a citywide basis. 21 Keep California Beautiful. Litter Facts. April 18, 2010. Accessed April 12, 2013. Available at: <hllp: / /www.keepcabeautiful.ora /facts /litter- facts.html >. EPS Foam Food Ware Ordinance Initial Study City of San Josh 3A 77 July 2013 Given that littering behavior results in an uneven distribution of litter in urban, suburban, and rural environments, subsequent studies in San Jose have focused on locations with relatively high concentrations of litter, also referred to as litter "hot spots ". A 2009 street litter assessment which targeted hot spots included litter counts at 48 sites in the City of San Jose. A total of 7,917 pieces of litter were counted from the 48 sites for an average of 165.5 items per site. Overall, about 12.4 percent of the items were classified as fast food items and 9.5 percent were cups. The assessment also included sub - categories for several polystyrene food ware products. At the targeted sites, the percent of total "large litter" included: • 1.6 percent polystyrene foam cups • 0.4 percent polystyrene foam food plates • 0.2 percent polystyrene clamshells. Polystyrene trays made up about 0.2 percent of the total large litter. In 2012, litter was counted at 31 targeted sites in the City of San Jose. Polystyrene food ware products made up about 3.5 percent of the total litter counts. The breakdown by polystyrene food ware type was: • 2.2 percent polystyrene foam cups • 0.8 percent polystyrene foam food plates (rounded) • 0.1 percent polystyrene clamshells (rounded). Polystyrene foam trays were approximately 0.5 percent of the 2012 total litter count in San Jose. As a part of the Municipal Regional Stormwater Permit (MRP) issued by the San Francisco Bay Regional Water Quality Control Board, litter audits have been completed for a regional study to assess the types and amounts of trash transported via urban runoff over a larger area of Santa Clara County. The trash characterization and loading in these waterways assessments, undertaken starting in 2009, cover the portion of the project area that drains to San Francisco Bay (i.e., the jurisdictions and area of the County roughly north of Morgan Hill). Approximately 3,900 cubic yards of trash that could reach creeks in the San Francisco Bay Basin is estimated to be generated annually. Approximately eight percent of this trash by volume, or 311 cubic yards, is EPS foam food ware. As described in Appendix B, based upon litter studies undertaken in the City of San Jose and within the area of the County that drains to San Francisco Bay, EPS foam food ware appearing as street litter in Santa Clara County makes up about 0.8 -3.6 percent by count of large litter (four square inches in area or more) on streets (on -land environment) and about eight (8) percent by volume (uncompacted) in the storm sewer system (water environment). EPS Foam Food Ware Ordinance Initial Study City of San Josh 3b 78 July 2013 4.1.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Less Than Significant With Significant No Impact Impact Mitigation Impact Incorporated Would the project: 1. Have a substantial adverse effect on a scenic ❑ ❑ ® ❑ vista? 2. Substantially damage scenic resources, ❑ ❑ ❑ including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3. Substantially degrade the existing visual ❑ ❑ ® ❑ character or quality of the site and its surroundings? 4. Create a new source of substantial light or ❑ ❑ ❑ glare which will adversely affect day or nighttime views in the area? 4.1.2.1 Aesthetic Impacts Checklist Source(s) Implementation of an ordinance banning use and /or sale of EPS foam food service containers would not involve construction or modification of the physical environment that would affect a scenic vista, scenic resource or create a new source of light or glare. Effects on the Visual Character of Litter Within the Project Area The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware and consumers are not expected to litter substitute containers at a higher rate than EPS foam. The project would result in the cessation in use of a food ware material that can be highly visible, in buoyant in water, and easily becomes airborne and /or breaks into pieces which are hard to collect. Implementation of the proposed project would result in a change in the composition of litter. The City of San Jose expects that about 85 percent of substitute products will be plastic and about 15 percent will be fiber- based. Effects of Substitute Products on Litter Movement As described in Section 4.0 and Appendix C, substitute products for EPS foam food ware include several types of plastics and fiber -based containers. Although lighter than similar fiber or paper products, substitute plastic products, such as crystalline PS and PLA, are not as likely as EPS foam to be transported by wind off haul truck loads and along streets if deposited as litter. Because the substitute products do not crumble as readily as EPS foam and are not as likely to become airborne, EPS Foam Food Ware Ordinance Initial Study City of San Jose 3679 July 2013 they may be more easily removed by street sweeping or maintenance activities. They also are not as buoyant in water as EPS foam. The substitute products, therefore, are not likely to be more visible than EPS foam along roadways, in retail areas, or along creeks. Fate of Substitute Products in Waterways Fiber -based replacement products that reach waterways would decompose in water over a period of weeks or months and would not tend to accumulate over time (also refer to Section 4.4.1.2 Plastic Debris in the Environment). " Some plastic coatings in fiber cups and containers could take longer to breakdown than the fiber material. These clear coatings would not be highly visible, however. To the extent fiber or paper substitute products replace EPS foam food ware, the amount of plastic materials reaching San Francisco Bay, Monterey Bay and the Pacific Ocean, would decrease. Overall, fiber -based replacement products would not be as persistent in the environment as EPS foam food ware. The breakdown of plastic substitutes in water over time (due to physical action and /or sunlight) would be similar to that of EPS foam, although EPS foam may break into pieces sooner than other hard, non -foam plastic resin products. Overall, plastic substitutes would persist as visible litter for a similar period, although initially the size of the pieces could remain larger. This could facilitate their clean up, but they could be more apparent as litter. Expected Changes in the Visibility of Litter As discussed in Section 4.9.1 Hydrology and Water Quality, by count and/or volume, EPS foam food ware in the project area makes up about eight percent of litter by volume in stormwater systems, and by count often less than two to three percent of street litter (on land). While paper cups are usually several times the weight of EPS foam cups, given the estimated percentage of EPS foam food ware in litter, there would not be a substantial change in the count, volume or mass of litter in the environment. Replacing EPS foam materials with substitute products (that are currently also found in litter) would reduce the amount of EPS foam in litter; however implementation of a model ordinance would not result in a substantial change in the number or volume of litter items or trash in urban, suburban or rural areas or along waterways. To the extent substitute fiber -based products would breakdown a period of months in water, visible litter in waterways could be reduced. As the amount of visible litter is not anticipated to increase, the effect of the project would be less than significant. (Less Than Significant Impact) 4.1.3 Conclusion The proposed ordinance phasing out EPS foam food ware use would not result in substantial adverse effects to a scenic vista or degrade the existing visual character or qualities of the jurisdictions implementing the ordinance. (Less Than Significant Impact) ' California Ocean Science Trust. "Plastic Debris in the California Marine Ecosystem." September 2011. Pages 23 -24. Available at: <hllp: / /calost.org /pdf/ science - initiatives / marine %20debris /Plastic %2OReport 10- 4- 11.pdfl. EPS Foam Food Ware Ordinance Initial Study City of San Jose 380 July 2013 4.2 AGRICULTURAL AND FOREST RESOURCES 4.2.1 SettinE The project area includes both urban and rural land uses, with most farmland located in central and south Santa Clara County. The majority of the land in the incorporated limits of the participating jurisdictions in Santa Clara County is designated Urban and Built -Up Land.23 As defined in Public Resources Code 12220, "forest land" is land that can support 10- percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. 4.2.2 Environmental Checklist and Discussion of Impacts Would the project: 1. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? 2. Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? 4. Result in a loss of forest land or conversion of forest land to non - forest use? 5. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact Incorporated ❑ ❑ ❑ ® 1 1,4 ❑ ❑ ❑ ® 1 ❑ ❑ ❑ ® l ❑ ❑ ❑ ® 1 ❑ ❑ ❑ ® 1 23 California Department of Conservation. "Santa Clara County Important Farmland 2010." June, 2011. EPS Foam Food Ware Ordinance Initial Study City of San Jose 381 July 2013 4.2.2.1 Impacts to Agricultural Resources Litter is a contaminant that is found on agricultural land as well as in urban areas. Littered polystrene foam (PS foam) can break into pieces and disperse in the environment by wind and by water. The substitutes to EPS foam products do not break apart as readily and in the case of fiber -based products, they decompose over time in organic environments. The proposed ordinance would not affect any designated, planned, or important farmland. Since there would be no land use development associated with the project, the project would not conflict with a Williamson Act contract. The proposed project would reduce the prevalence of EPS foam in the environment and would not adversely impact agricultural resources. 4.2.2.2 Impacts to Forest Resources The use of paper fiber products is expected to increase as a result of the proposed project. The pulp used to produce paper products in the United States typically comes from recycled paper and from wood grown in managed forests for the purpose of paper product manufacturing. When trees are removed from such land, the intended purpose of which is wood production, they are replanted. Those lands are not converted to a "non- forest use," therefore the proposed project would not result in any significant impacts to forest resources. 4.2.3 Conclusion The proposed ordinance would reduce the amount of EPS foam in the environment, which would not impact farmland of any type or conflict with Williamson Act contracts. The increased use of paper products would not contribute to the conversion of forest land to non - forest uses. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 39L82 July 2013 4.3 AIR QUALITY 4.3.1 Settin6 4.3.1.1 Background Air quality and the concentration of a given pollutant in the atmosphere are determined by the amount of pollutant released and the atmosphere's ability to transport and dilute the pollutant. The major determinants of transport and dilution are wind, atmospheric stability, terrain and for photochemical pollutants, sunshine. The project area (i.e. Santa Clara County) is within the southern portion of the San Francisco Bay Area Air Basin. The Bay Area Air Quality Management District (BAAQMD) is the regional government agency that monitors and regulates air pollution within the air basin. 4.3.1.2 Topography and Climate The South Bay has significant terrain features that affect air quality. The Santa Cruz Mountains and Diablo Range on either side of the South Bay restrict horizontal dilution, and this alignment of the terrain also channels winds from the north to south, carrying pollution from the northern San Francisco Bay Peninsula toward San Jose and the rest of Santa Clara County. The proximity of Santa Clara County to both the Pacific Ocean and San Francisco Bay has a moderating influence on the climate. Meteorological factors make air pollution potential in the Santa Clara Valley quite high. Northwest winds and northerly winds are most common in the project area, reflecting the orientation of the Bay and the San Francisco Peninsula. 4.3.1.3 Regional and Local Criteria Pollutants Major criteria pollutants, listed in "criteria" documents by the U.S. Environmental Protection Agency (USEPA) and the California Air Resources Board (GARB) include ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, and suspended particulate matter (PM). These pollutants can have health effects such as respiratory impairment and heart /lung disease symptoms. Violations of ambient air quality standards are based on air pollutant monitoring data and are judged for each air pollutant. The Bay Area as a whole does not meet State or Federal ambient air quality standards for ground level ozone or State standards for PMio and PM2.5. The area is considered attainment or unclassified for all other pollutants. 4.3.1.4 Local Community Risks /Toxic Air Contaminants and Fine Particulate Matter Besides criteria air pollutants, there is another group of substances found in ambient air referred to as Toxic Air Contaminants (TACs). These contaminants tend to be localized and are found in relatively low concentrations in ambient air; however, they can result in adverse chronic health effects if exposure to low concentrations occurs for long periods. EPS Foam Food Ware Ordinance Initial Study City of San Jose 4983 July 2013 Fine Particulate Matter (PM2.5) is a complex mixture of substances that includes elements such as carbon and metals; compounds such as nitrates, organics, and sulfates; and complex mixtures such as diesel exhaust and wood smoke. Long -term and short -term exposure to PM2.5 can cause a wide range of health effects. Common stationary source types of TACs and PM2.5 include gasoline stations, dry cleaners, and diesel backup generators which are subject to permit requirements. The other, often more significant, common source is motor vehicles on freeways and roads. 4.3.1.5 Sensitive Receptors BAAQMD defines sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to be located. These land uses include residences, schools, playgrounds, child -care centers, retirement homes, convalescent homes, hospitals and medicinal clinics. 4.3.1.6 Regulatory Setting Federal, state, and regional agencies regulate air quality in the Bay Area Air Basin. At the federal level, the USEPA is responsible for overseeing implementation of the Federal Clean Air Act (CAA). The CARB is the state agency that regulates mobile sources throughout the state and oversees implementation of the state air quality laws and regulations, including the California Clean Air Act. The primary agency that regulates air quality in the project area is the BAAQMD. The BAAQMD has permit authority over stationary sources, acts as the primary reviewing agency for environmental documents, and develops regulations that must be consistent with or more stringent than, federal and state air quality laws and regulations. The BAAQMD prepared and adopted the Bay Area 2010 Clean Air Plan (CAP). This CAP updates the most recent ozone plan, the 2005 Ozone Strategy. Unlike previous Bay Area CAPS, the 2010 CAP is a multi - pollutant air quality plan addressing four categories of air pollutants: • Ground -level ozone and the key ozone precursor pollutants (reactive organic gases and nitrogen oxide), as required by State law; • Particulate matter, primarily PM2.5, as well as the precursors to secondary PM2.5; • Toxic air contaminants (TAC); and • Greenhouse gases. BAAQMD CEQA Air Quality Guidelines The BAAQMD CEQA Air Quality Guidelines are intended to serve as a guide for those who prepare or evaluate air quality impact analyses for projects and plans in the San Francisco Bay Area. In June 2010, the Air District's Board of Directors adopted CEQA thresholds of significance and an update of their CEQA Guidelines. The updated CEQA Guidelines review and describe assessment methodologies, and mitigation strategies for criteria pollutants, toxic air contaminants, odors, and greenhouse gas emissions. The prior version of the guidelines was dated 1999 and the most recent amendment to the updated guidelines was in May 2011 and May 2012. EPS Foam Food Ware Ordinance Initial Study City of San Jose 4184 July 2013 In December 2010, the California Building Industry Association (BIA) filed a lawsuit in Alameda County Superior Court challenging toxic air contaminants and PM2.5 thresholds developed by BAAQMD for the CEQA Air Quality Guidelines (California Building Industry Association v. Bay Area Air Quality Management District, Alameda County Superior Court Case No. RG10548693). One of the identified concerns is that the widespread use of the thresholds would inhibit infill and smart growth in the urbanized Bay Area. On March 5, 2012, the Superior Court found that adoption of thresholds by the BAAQMD in its CEQA Air Quality Guidelines is a CEQA project and BAAQMD is not to disseminate officially sanctioned air quality thresholds of significance until BAAQMD fully complies with CEQA. No further findings or rulings were made on the thresholds of the updated BAAQMD Air Quality Guidelines, although BAAQMD has appealed the ruling. The City understands the effect of the lawsuit to be that BAAQMD has to prepare an environmental review document before adopting the same or revised thresholds. Given that the 2010 Guidelines are based on best available information, but are not formally in effect, both the 1999 and 2010 sets of thresholds are used in this analysis. As part of an effort to attain and maintain ambient air quality standards for ozone and particulate matter, BAAQMD has established thresholds of significance for PM2.5, PMlo, and ozone precursors (ROG and NOx). The thresholds of significance are intended to accommodate a level of growth within the air basin that would still allow the region to attain air quality standards. 4.3.1.7 Existing Patterns of EPS foam Food Ware Use As discussed elsewhere in this Initial Study, the analysis is based on the assumption that with a ban in place in a given jurisdiction, there will be a shift away from EPS foam food ware to substitute containers made of fiber /paperboard, bioplastics, and recyclable plastics. Current estimates are that there are about four (4) pounds of EPS foam food containers used annually in the project area, per service population (residents +jobs) or about six (6) pounds per capita, in the incorporated jurisdictions in Santa Clara County that don't currently have a ban in place. This scenario constitutes the environmental baseline against which physical changes caused by the project are to be measured to identify project impacts. 4.3.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Significant With Impact Mitigation Incorporated Less Than Significant Impact No Impact Checklist Source(s) Would the project: 1. Conflict with or obstruct implementation of ❑ ❑ ® ❑ 1,5 the applicable air quality plan? 2. Violate any air quality standard or contribute ❑ ❑ ® ❑ 1,5,6 substantially to an existing or projected air quality violation? EPS Foam Food Ware Ordinance Initial Study City of San Jose '2 85 July 2013 Checklist Source(s) 1,5,6 Air quality impacts related to food ware (foam EPS and substitutes) include the release of emissions during the extraction of virgin resources, materials processing and product manufacturing, transport, and disposal. 4.3.2.1 Pollutant Emissions From Production Emissions from resource extraction, materials processing, and manufacturing are released where those activities are currently taking place, at locations outside the project area and the Bay Area air basin. The ordinance would lead to an increase in the manufacture of substitute food ware containers from allowed materials. The facilities in the U.S manufacturing these substitute containers are subject to federal Clean Air Act regulations, as well as any applicable clean air regulations for that particular state, and so any related increase in emissions from the substitute products manufactured in the U.S. would be emissions that have been permitted in compliance with federal and any state regulations. At those facility locations where EPS foam food ware is now produced, there would be a related decrease in the emissions associated with production of foam EPS food ware containers. A 2009 study completed by Franklin Associates on behalf of Los Angeles County found that the large majority of energy used in the manufacturing process for food ware (both foam PS and substitutes) is for electricity, and fuel for transportation is a minor source.24 According to the Franklin Associates study, fiber /paperboard food ware requires slightly more energy than comparable containers made from foam PS or rigid plastics, yet electricity generation emits (relatively) small amounts of criteria pollutants, and so Franklin Associates concluded that a shift to food ware made from fiber /paperboard would not result in a substantial increase in criteria pollutant emissions. To the extent the ordinance results in increased use of food ware made from materials capable of being recycled, there will be reduced air pollutants associated with resource extraction of virgin materials. For these several reasons, the proposed foam EPS food ware ordinance would not be in conflict with the 2010 Bay Area Clean Air Plan and would not violate any air quality standard or contribute to any air quality violation. ' Franklin Associates, Ltd. "Life Cycle Inventory of 16 -Ounce Disposable Hot Cups." February 19, 2009. Prepared for MicroGREEN Polymers. Pages 2 -7 to 2 -11. EPS Foam Food Ware Ordinance Initial Study City of San Josh '�86 July 2013 Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Would the project: 3. Result in a cumulatively considerable net ❑ ❑ ® ❑ increase of any criteria pollutant for which the project region is classified as non - attainment under an applicable federal or state ambient air quality standard including releasing emissions which exceed quantitative thresholds for ozone precursors? 4. Expose sensitive receptors to substantial ❑ ❑ ® ❑ pollutant concentrations? 5. Create objectionable odors affecting a ❑ ❑ ® ❑ substantial number of people? Checklist Source(s) 1,5,6 Air quality impacts related to food ware (foam EPS and substitutes) include the release of emissions during the extraction of virgin resources, materials processing and product manufacturing, transport, and disposal. 4.3.2.1 Pollutant Emissions From Production Emissions from resource extraction, materials processing, and manufacturing are released where those activities are currently taking place, at locations outside the project area and the Bay Area air basin. The ordinance would lead to an increase in the manufacture of substitute food ware containers from allowed materials. The facilities in the U.S manufacturing these substitute containers are subject to federal Clean Air Act regulations, as well as any applicable clean air regulations for that particular state, and so any related increase in emissions from the substitute products manufactured in the U.S. would be emissions that have been permitted in compliance with federal and any state regulations. At those facility locations where EPS foam food ware is now produced, there would be a related decrease in the emissions associated with production of foam EPS food ware containers. A 2009 study completed by Franklin Associates on behalf of Los Angeles County found that the large majority of energy used in the manufacturing process for food ware (both foam PS and substitutes) is for electricity, and fuel for transportation is a minor source.24 According to the Franklin Associates study, fiber /paperboard food ware requires slightly more energy than comparable containers made from foam PS or rigid plastics, yet electricity generation emits (relatively) small amounts of criteria pollutants, and so Franklin Associates concluded that a shift to food ware made from fiber /paperboard would not result in a substantial increase in criteria pollutant emissions. To the extent the ordinance results in increased use of food ware made from materials capable of being recycled, there will be reduced air pollutants associated with resource extraction of virgin materials. For these several reasons, the proposed foam EPS food ware ordinance would not be in conflict with the 2010 Bay Area Clean Air Plan and would not violate any air quality standard or contribute to any air quality violation. ' Franklin Associates, Ltd. "Life Cycle Inventory of 16 -Ounce Disposable Hot Cups." February 19, 2009. Prepared for MicroGREEN Polymers. Pages 2 -7 to 2 -11. EPS Foam Food Ware Ordinance Initial Study City of San Josh '�86 July 2013 4.3.2.2 Pollutant Emissions From Transport There is a quantity of emissions generated from the delivery of all types of food ware containers to restaurants, stores, and vendors, and further emissions associated with removing those that are discarded as solid waste and with picking up those that end up as litter. Since the preparers of this Initial Study were unable to identify any delivery system dedicated only to distribution to users of food ware containers, the exact increment of energy use or pollution associated with their delivery to the location where they are given away or sold to the public is unknown. With a ban on foam EPS food ware in place, criteria pollutants will be emitted from the transport (in the project area in Santa Clara County and elsewhere) of substitute containers made of allowed materials. However, pollutants are not expected to significantly increase compared to current emissions from the transport of EPS food ware containers, given no increase is foreseen in the overall amount of food ware containers, rather there should be a shift to non -PS containers. Some of the substitutes take up slightly less space than a comparable foamed EPS container (e.g. paper cups vs. foam EPS cups) and can be transported in a more dense arrangement allowing more cups in a given load. However, since the containers are likely to be transported to users in mixed loads with other products, there may be no reduction in trips. Increased use and disposal of the substitute containers would not affect the number of vehicles associated with curb -side refuse pick -up in that the overall amount of food ware containers used in the project area is not expected to change, rather there will be a shift to more containers made of recyclable or compostable materials. Given there won't be a substantial change in the amount of delivery or disposal traffic, there would not be substantial changes in localized ozone concentrations nor emissions of vehicular TACs resulting from a EPS foam food ware ban. The retail sales ban on foam EPS food ware and ice chests would have no impact on retail customer travel patterns (and related vehicular emissions) in that the retail establishments that currently offer foam EPS food ware and ice chests also now offer and are expected to continue to offer the various substitutes once the ban is in place in a given jurisdiction. There is no reason to expect substantial numbers of retail customers will regularly seek out foam EPS food ware and ice chests (rather than switch to an available substitute container material) available for sale in non - participating jurisdictions that may continue to allow their sale. 4.3.2.3 Odors Foam EPS food ware does not degrade in landfills and without the presence of putresible waste in the containers (such as food items), it does not generate odors. The substitute materials, if not recycled, would either be composted or landfilled. Among the anticipated substitute materials, fiber (paperboard /molded pulp), biodegradable plant -based materials (e.g. bagasse, bulrushes, and wheat), and bioplastics (e.g. PLA) can be composted, and composting facilities can be an odor source. However, the anticipated increase in composting of substitute food ware would not require expansion of an existing or construction of a new compost facility, as discussed in Section 4.17 Utilities and Service Systems, therefore there would not be an increase in the exposure of sensitive receptors to odors from (existing) compost facilities. EPS Foam Food Ware Ordinance Initial Study City of San Jose 'A 87 July 2013 4.3.2.4 Construction Impacts The project does not involve any construction, so there would be no reasonably foreseeable air quality impacts associated with construction (e.g., dust, construction equipment engine exhaust containing criteria pollutants or TACs, etc.), in San Jose, or elsewhere in participating jurisdictions in Santa Clara County. 4.3.3 Conclusion The proposed ordinance phasing out EPS foam food ware will have less than significant air quality impacts. (Less Than Significant Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose '�88 July 2013 4.4 BIOLOGICAL RESOURCES 4.4.1 Settine 4.4.1.1 Biological Setting of Santa Clara County The project area includes a wide variety of habitat and land cover types including but not limited to grassland, serpentine, chaparral, scrub, woodland, forests, wetlands, and freshwater marshes. Agricultural areas consist of orchards, vineyards, pastures, and row crops. Development ranges from dense urban centers to suburban and rural residential areas. The principal watersheds that drain to San Francisco Bay in Santa Clara County include the Lower Peninsula Watershed, the West Valley Watershed, the Guadalupe Watershed and the Coyote Watershed. In the southern Santa Clara Valley just northeast of Morgan Hill, the land tips and drains south via Llagas Creek and Uvas- Carnadero Creek (Uvas /Llagas Watershed) to the Pajaro River and Monterey Bay.25 Major water bodies in the project area include Coyote, Pacheco, and Anderson Lakes, Uvas, Almaden, Lexington, and Calero Reservoirs, and the southern end of the San Francisco Bay estuary. See Section 4.9 Hydrology and Water Quality for a full list of waterways and water bodies in the project area. These fresh and brackish water areas support ecologically valuable riparian vegetation that provides food, cover, and nesting sites for birds, reptiles, amphibians, and mammals. They also serve as migration corridors for wildlife. Marshes and wetlands located in the northern County, where freshwater draining from the valley enters the San Francisco Bay estuary, provide high value biotic resources to the region. The salt marshes, sloughs, and creeks near the Bay provide food and shelter for fish and wildlife, improve water quality, and reduce flooding at times of high weather events. Special- status species are supported by these wetlands as well as by many of the other habitat types present in Santa Clara County. State and federally listed species including the California tiger salamander, California clapper rail, California Coast steelhead, California red - legged frog, salt -marsh harvest mouse, California least tern, and the salt -marsh wandering shrew are known to occur in or near the waters of the Santa Clara Valley as well as the San Francisco Bay. Litter in these waterways has the potential to negatively impact these special- status species. 4.4.1.2 Polystyrene Foam in the Environment If disposed of properly, polystyrene foam (PS foam) ends in landfills where it remains inert. There are no identifiable direct post- consumer environmental impacts of EPS foam food ware if properly landfilled. There are air quality and noise impacts associated with the collection and transportation of EPS foam to the landfill, but those impacts occur as part of broader waste collection services. The bulk of the post- consumer environmental impacts of EPS foam occur when it ends up as litter and makes its way into the marine environment. The prevalence of plastic debris in marine environments around the world is well- documented. Generally speaking, marine debris is found floating on the water surface, in the water column, on the sea floor, or washed up on beaches and 21 Sowers, Janet M. et al. "Creek and Watershed Map of Morgan Hill & Gilroy." 2009. EPS Foam Food Ware Ordinance Initial Study City of San Jose 489 July 2013 coasts. Proportionally, plastic (which includes EPS foam food service ware) makes up between 60 and 80 percent of total marine debris. 16 There is not enough information available to say what proportion of oceanic plastics are EPS foam, but due to its low density, it is reasonable to expect that EPS foam that has not yet broken down in the marine environment is found on the surface or along beaches. PS foam enters the marine environment as terrestrial litter that runs off into creeks, streams, and rivers.27 A trash assessment compiled by the Santa Clara Valley Urban Runoff Pollution Prevention Program ( SCVURPPP) found that of the approximately 677,500 gallons of trash enter Santa Clara Valley creeks and shorelines each year from urban runoff. Based on data collected for this 2013 trash assessment, approximately eight percent of litter by volume is EPS foam food ware within the SVVURPPP area (see Section 4.0 Baseline Estimates Based on Litter Studies). Plastics including EPS foam do not biodegrade in the same way that organic materials such as plants and organisms do. Solar radiation and thermal oxidation causes plastic to break into smaller pieces until it is microscopic and invisible to the human eye.28 The rate of this process depends on factors such as the composition of the product and the surface temperature. As a point of reference, EPS foam cups are estimated to take 50 years to degrade.29 4.4.1.3 Biological Impacts of Polystyrene Foam Polystyrene foam is made by adding a blowing agent to polystyrene pellets and subjecting it to high temperatures until the blowing agent expands and becomes the foamed product. When it degrades, EPS foam degrades in ways similar to any other petroleum -based polymer such as unfoamed polystyrene, polypropylene, and PET. In this way, studies that examine the biological effects of plastics and degraded plastics reveal much about the impacts of polystyrene foam in the environment. Plastic particles in the environment can impact organisms through mechanical interference or by causing biological and chemical effects. According to a United States Environmental Protection Agency (EPA) 2011 report: Physical habitat alteration is caused by the accumulation of debris in oceanic convergence zones, on beaches, and submerged benthic habitats. As debris accumulates, habitat structure may be modified, light levels may be reduced in underlying waters, and oxygen levels may 26 Derraik, J.G.B. "The pollution of the marine environment by plastic debris: a review." 2002. Marine Pollution Bulletin 44 (2002) 842 -852. See Table 1. 2' SCVURPPP. "Urban Runoff Trash Management: Reducing Impacts in Santa Clara Valley Creeks and San Francisco Bay." February 2013. Available at: < hllp : / /www.scvuEFpp- w2k.com/pdfs /1213 /Trash Factsheet_2012- Final _Feb.pdfl. 28 California Ocean Science Trust. "Plastic Debris in the California Marine Ecosystem." September 2011. Page 3. Available at: <hllp: / /calost.org /pdf/ science - initiatives / marine %20debris /Plastic %2OReport 10 -4 -1 l.pdfl. 29 Ocean Conservancy. "Trash Travels." 2010. Page 23. Available at: < hllp: / /act.occanconservancy.org /images /2010ICCReportRelease pressPhotos /2010_ICC_Report.pdfl. EPS Foam Food Ware Ordinance Initial Study City of San Josh 490 July 2013 be depleted. These changes can undermine the ability of open water and benthic habitats to support marine life.'"' Studies have also shown that organisms including birds, turtles, mammals, and fish ingest plastics." Once ingested, plastic particles reduce food consumption and can block an organism's intestinal tract, causing internal injury and possibly death. Entanglement is another mechanical interference from plastics, though studies about entanglement tend to analyze products such as soda can rings, fishing line, and plastic bags. EPS foam food service ware may not cause entanglement problems since the products are light and break apart easily. Plastics in the ocean can also expose organisms to persistent organic pollutants (POPS) that have adsorbed to the surface of a plastic particle.33 Multiple studies have found that plastic fragments in the ocean contain polychlorinated biphenyls (PCBs), organochlorine pesticides such as DDT, and poly- aromatic hydrocarbons (PAHs).34 The plastic particles did not necessarily contain these pollutants when they entered the environment, but they provided a surface on which the POPS could adsorb and transport in the marine environment. Other studies show that PCBs enter the food chain this way.35 These contaminants, which can be released from plastics by breakdown of the plastic via ultraviolet radiation, weathering, and ingestion, have negative effects on birds and marine wildlife because they can cause reproductive failure, disease, and death.36 Plastic marine debris can lead to ecosystem impacts as well as impacts to individual organisms. Bacteria and algae can be transported on plastics as ocean currents carry them to new locations.37 At any point these organisms can become detached from the plastic and if they do so in an area in which the species does not already occur, there is potential for them to reproduce and become an invasive species. This increases the risk to native species by creating new competition for habitat and resources. 4.4.1.4 Pre - consumption Biological Effects (PS Foam Production) So far the discussion of plastic and its presence in the environment has focused on litter and marine pollution, both of which occur post- consumption. Pre - consumption processes associated with EPS foam food service ware also have environmental impacts. Polystyrene is made from petroleum products which require extraction, refining, and transportation. Each step of the production process 30 USEPA. "Marine Debris in the North Pacific." November, 2011. Page 9. Available at: <http: / /www. epa. gov /region9 /marine- debris /pdf/MarineDebris -NPacF inalAprvd.pdf>. " Benthic habitats are found at the bottom of a body of water, such as the sand and sediment at the bottom of the ocean. 32 See Derraik. "The pollution of the marine environment by plastic debris: a review." 2002. And: NOAA. "Plastic Marine Debris." 2011. And: AMRF. "Pelagic Plastic." 2007. 33 Adsorption is the adhesion of molecules of gas, liquid, or dissolved solids to a surface. BTSC. "Glossary." Accessed May 1, 2013. Available at: <http: / /www.brownfieldstsc.org/ lg ossm.cfm ?q =1 >. 34 California Ocean Science Trust. "Plastic Debris in the California Marine Ecosystem." September 2011. Pages 23 -24. Available at: <http: / /calost.org /pdf/ science - initiatives / marine% 20debris /Plastic %2OReport _10 -4 -1 l.pdf>. 3s USEPA. "Marine Debris in the North Pacific." November, 2011. Page 8. Available at: <http: / /www.epa.gov /region9 /marine- debris / pdf/ MarineDebris- NPacFinalAprvd.pdf>. And: Derraik. "The pollution of the marine environment by plastic debris: a review." 2002. 36 lbld, 2011. 3' Derraik, J.G.B. "The pollution of the marine environment by plastic debris: a review." 2002. Marine Pollution Bulletin 44 (2002) 842 -852. EPS Foam Food Ware Ordinance Initial Study City of San Jose 1891 July 2013 uses energy and resources, which emits pollutants into the atmosphere and into the local environment. The European production process for polystyrene pellets, the precursors for EPS foam products, emits carbon dioxide, CFCs, sulfur dioxide, phosphate, and particulate matter.38 Such emissions contribute to global warming, stratospheric ozone depletion, acidification, eutrophication, and human respiratory illness, respectively. These environmental impacts would be similar to those caused by production emissions in the United States because they are generally caused by combusting fossil fuels for energy. Appendix C of this report contains more information about the pre - consumer impacts as well as the full life cycle environmental impacts of both EPS foam products and their substitutes. Regardless of location, facilities emitting sulfur dioxide into the air or discharging phosphate into the water are subject to federal regulations under the Clean Air Act and Clean Water Act, respectively. The use of hazardous materials in production of EPS foam products are also subject to federal and state regulations (see Section 4.8.1.1 (Hazardous Materials) Regulatory Setting). The Environmental Protection Agency permits a certain amount of pollution based on the size of the facility and the environment in which it exists. It requires pollution control technologies and best practices, which serve to reduce the emissions associated with the manufacturing activities. 4.4.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Significant With Impact Mitigation Incorporated Would the project: 1. Have a substantial adverse effect, either ❑ ❑ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? 2. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? ❑ ❑ Less Than Checklist Significant No Impact Source(s) Impact ® ❑ 1,2,7 ® ❑ 1 1,2,7 38 PlasticsEurope. "Environmental Product Declarations of the European Plastics Manufacturers: General - Purpose Polystyrene (GPPS) and High - Impact Polystrene (HIPS)." November 2012. EPS Foam Food Ware Ordinance Initial Study City of San Jose 'N2 July 2013 Would the project: 3. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, impede the use of native wildlife nursery sites? 5. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ❑ ❑ /1 No Impact Checklist Source(s) ❑ 1,2,7 ❑■ El H El H 1,2,3 1,7 The proposed ordinance would cause a reduction in EPS foam food service ware use and an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable foodservice ware or littering behavior. As EPS foam products are replaced, an effect of the proposed project would be a change in the composition of litter and of the waste and recycling streams. There is little to no available data about how consumption has changed in other jurisdictions where EPS foam food service ware bans were passed (e.g. San Francisco, Seattle, etc.), but the City of San Jose expects that the majority of substitute products used will be plastic (about 85 percent), while about 15 percent will be fiber- based. (See Post -ban Usage Estimates of Food Ware Substitutes in the introduction to Section 4.0 - Setting, Environmental Checklist and Impacts) 4.4.2.1 Fate of Substitute Materials in the Environment The lifetime of a substitute product in the environment depends on the product's material composition, weight, and volume. Data from the Ocean Conservancy shows that newspapers decompose in the ocean within six weeks, while cardboard boxes decompose within two months.39 Paper food service ware products are not thicker than cardboard, so it is reasonable to expect its marine decomposition time to be approximately two months. On the other hand, paperboard s9 Ocean Conservancy. "Trash Travels." 2010. Page 23. Available at: < hllp: / /act.occanconservancy.org /images /2010ICCReportRelease pressPhotos /2010_ICC_Report.pdfl. EPS Foam Food Ware Ordinance Initial Study City of San Jose s�93 July 2013 Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact Incorporated ❑ ❑ /1 No Impact Checklist Source(s) ❑ 1,2,7 ❑■ El H El H 1,2,3 1,7 The proposed ordinance would cause a reduction in EPS foam food service ware use and an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable foodservice ware or littering behavior. As EPS foam products are replaced, an effect of the proposed project would be a change in the composition of litter and of the waste and recycling streams. There is little to no available data about how consumption has changed in other jurisdictions where EPS foam food service ware bans were passed (e.g. San Francisco, Seattle, etc.), but the City of San Jose expects that the majority of substitute products used will be plastic (about 85 percent), while about 15 percent will be fiber- based. (See Post -ban Usage Estimates of Food Ware Substitutes in the introduction to Section 4.0 - Setting, Environmental Checklist and Impacts) 4.4.2.1 Fate of Substitute Materials in the Environment The lifetime of a substitute product in the environment depends on the product's material composition, weight, and volume. Data from the Ocean Conservancy shows that newspapers decompose in the ocean within six weeks, while cardboard boxes decompose within two months.39 Paper food service ware products are not thicker than cardboard, so it is reasonable to expect its marine decomposition time to be approximately two months. On the other hand, paperboard s9 Ocean Conservancy. "Trash Travels." 2010. Page 23. Available at: < hllp: / /act.occanconservancy.org /images /2010ICCReportRelease pressPhotos /2010_ICC_Report.pdfl. EPS Foam Food Ware Ordinance Initial Study City of San Jose s�93 July 2013 products are frequently lined with a plastic coating, which breaks down more slowly in the environment, as described above. The main difference between paper and plastic materials in the environment is that paper materials are biodegradable. An object is biodegradable if it can be broken down by microorganisms, especially bacteria, into natural components such as water, carbon dioxide, methane, and non -toxic residues.40 Plastic does not biodegrade, it breaks into tiny pieces over time in the environment and can be ingested by wildlife and cause impacts similar to those described in Section 4.4.1.3, above. Since plastics can contain pollutants and also cause mechanical interference with wildlife, they stand to cause negative indirect effects to fish and wildlife in ways that paper products do not. A study funded by the California Department of Resources Recycling and Recovery (CalRecycle) showed that certain PHA41 bioplastics meet the American Society of Testing and Materials (ASTM) biodegradation standard, which requires a material sample to convert more than 30 percent of the carbon within it to carbon dioxide within six months.42 The polylactic acid (PLA) products tested for the study did not meet the biodegradation requirements. 4.4.2.2 Impacts of Substitute Materials in the Environment A much larger portion of the substitute products are expected to be plastic as opposed to fiber -based and are likely to end up in landfills and waterways just as EPS foam products do. There is insufficient information at this time to state conclusively that rigid plastics such as polypropylene, polystyrene (unfoamed), or polyethylene terephthalate (PET) cause more or less harm in the environment than EPS foam products. Ultimately, plastic products in waterways degrade into microscopic plastic pieces that behave similarly to one another and cause biological impacts similar to those described for EPS foam, above. Some EPS foam products would be replaced with fiber -based or paper products. Since these products do not cause the indirect biological effects that plastics do (see 4.4.2.1, above), their use in place of EPS foam would avoid the impacts that EPS foam products have in aquatic environments. (Less Than Significant Impact) 4.4.2.3 Habitat Conservation PlanlNatural Communities Conservation Plan Six agencies in Santa Clara County are partnering to implement the Santa Clara Valley Habitat Conservation Plan/Natural Communities Conservation Plan (HCP). These agencies include the County of Santa Clara, the Cities of San Jose, Morgan Hill, and Gilroy, the Santa Clara Valley Transportation Authority, and the Santa Clara Valley Water District. On Friday, April 26th, the Santa Clara Valley Habitat Agency (SCVHA) was formed as the implementing agency for the plan. 40 Merriam - Webster. `Biodegradable." 2013. Available at: <hllp://www.merriam- webster.com/dictionary/biodegradable>. And: European Commission. "Green Paper: On a European Strategy on Plastic Waste in the Environment." March 7, 2013. Available at: <hllp: / /ec. curopa. eu /environment/ waste/ pdf /greenpaner /greenpaner_gn.pdf>. 41 PHA = polyhydroxyalkanoate ' Greene, J. Report Topic: PLA and PHA Biodegradation in the Marine Environment. March 5, 2012. Prepared for CalRecycle. Available at: <hM2: / /www.calrecycle.ca.gov /publications/ Documents /1435/2012/20121435.pdf>. EPS Foam Food Ware Ordinance Initial Study City of San Josh 5194 July 2013 SCVHA is in the process of obtaining incidental take permits to provide coverage for future development in the plan area. The HCP will be in effect once the permits are issued and the fee schedule adopted. The wildlife species covered in the HCP are listed in Table 4.4 -1. Plants species covered in the HCP are primarily or exclusively found in serpentine habitats and include Federally endangered species such as Tiburon Indian paintbrush, Coyote ceanothus, Santa Clara Valley dudleya, and Metcalf Canyon jewelflower. Table 4.4 -1 Wildlife Species Covered in the Santa Clara Valley Habitat Conservation Plan Species Scientific Name Status State Federal Bay checkers of butterfly Eu h dras editha ba ensis -- FT California tiger salamander Amb stoma calf orniense ST FT California red - legged frog Rana dra tonii CSC FT Foothill yellow - legged frog Rana bo lii CSC -- Western pond turtle Clemm s marmorata CSC -- Western burrowing owl Athene cunicularia hypogea CSC MBTA Least Bell's vireo Vireo bellii pusillus SE FE, MBTA Tricolored blackbird A elaius tricolor CSC MBTA San Joaquin kit fox Vul es macrotis mutica ST FE Status: FT Federal Threatened FE Federal Endangered MBTA Migratory Bird Treaty Act ST State Threatened SE State Endangered CSC California Special Concern Species Source: Final Santa Clara Valley Habitat Conservation Plan. August 2012. The substitution of plastic and paper -based products for EPS foam products would not have any negative impacts on species covered by the HCP. Since plastics mimic the effects of EPS foam and paper products biodegrade in the environment, the number of disposable food service items that are plastic would decline and as a result, some of the impacts to species that might accidentally ingest or otherwise be harmed by plastic products would be avoided. The ordinance, therefore, would not conflict with the provisions of the adopted HCP. (No Impact) 4.4.2.4 Trees For more information regarding the use of trees to produce paper products, see Section 4.2 Agricultural and Forest Resources. The exact effects of paper product manufacturing at unknown locations cannot be quantified by the City of San Jose. The life cycle analyses summarized in Appendix C show in some cases that paper products use more energy and result in higher greenhouse gas emissions than EPS foam products do. None of the life cycle studies apply directly to the project area, so making conclusions based on their results would be speculative. Trees used to produce paper products are grown commercially in managed forests, where they are systematically harvested and replanted. Local impacts of this process can include land erosion and habitat loss, however due to the lack of biodiversity in managed forests, they are unlikely to provide habitat for special - status or listed species. EPS Foam Food Ware Ordinance Initial Study City of San Jose '�95 July 2013 Policies and ordinances related to tree preservation apply locally, in areas that do not have commercially- managed forest resources. Local trees, which are not harvested for disposable food ware products, would not be affected by an increase in paper product use. Therefore no local tree preservation policies would be violated by the proposed project. (No Impact) 4.4.3 Conclusion The proposed ordinance phasing out EPS foam food ware will have less than significant impacts to sensitive natural communities and special status species. Unfoamed plastic and EPS foam products have similar impacts and fates in the marine environment, so no new impacts are expected for those products. The substitution of paper products for EPS foam products would avoid some of the impacts to marine species currently caused by EPS foam products in the environment. (Less Than Significant Impact) The proposed ordinance would not conflict with an HCP/NCCP. Increasing the use of paper products would have no effect on local trees or conflict with tree preservation policies. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose '�96 July 2013 4.5 CULTURAL RESOURCES 4.5.1 Setting Cultural resources are evidence of past human occupation and activity and include both historical and archaeological resources. These resources may be located above ground, underground or underwater and have significance in history, prehistory43, architecture or culture of the nation, State of California or local or tribal communities. Cultural resources are found throughout the project area and are generally identified in historic or cultural resources inventories maintained by the County of Santa Clara and local cities and towns and on California Register of Historical Resources (California Register) and the National Register of Historic Places (National Register). Paleontological resources are fossils, the remains or traces of prehistoric life preserved in the geological record. They range from the well know and well publicized fossils (such as mammoth and dinosaur bones) to scientifically important fossils (such as paleobotanical remains, trace fossils, and microfossils). Potentially sensitive areas with fossil bearing sediments near the ground surface in the City of San Jose and surrounding areas of Santa Clara County are generally in or adjacent to foothill areas rather than the younger Holocene age deposits on the valley floor. as 4.5.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Less Than Significant With Significant No Impact Impact Mitigation Impact Incorporated Would the project: 1. Cause a substantial adverse change in the ❑ ❑ ❑ significance of an historical resource as defined in §15064.5? 2. Cause a substantial adverse change in the ❑ ❑ ❑ significance of an archaeological resource as defined in §15064.5? 3. Directly or indirectly destroy a unique ❑ ❑ ❑ paleontological resource or site, or unique geologic feature? 4. Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? Checklist Source(s) The proposed project is adoption of a model ordinance that would regulate the use of single -use EPS foam food ware within participating jurisdictions in Santa Clara County. The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline as Events of the past prior to written records are considered prehistory. City of San Josh. "Final Program EIR for the Envision San Josh 2040 General Plan." 2011. EPS Foam Food Ware Ordinance Initial Study City of San Jose 'A 97 July 2013 in overall consumption of disposable food service ware and consumers are not expected to litter substitute containers at a higher rate than EPS foam. Implementation of an ordinance phasing out use and /or sale of EPS foam food service containers would not involve ground disturbance of native soils, building demolition, construction, or modification of the physical environment that would affect existing historical resources, archaeological resources, paleontological resources or other buried cultural resources, either directly or indirectly. As a result the project would not result in impacts to cultural or paleontological resources. (No Impact) 4.5.3 Conclusion The proposed ordinance phasing out EPS foam food ware will have no impact on cultural resources. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 'L98 July 2013 4.6 GEOLOGY AND SOILS 4.6.1 Setting 4.6.1.1 Regional Geology The Santa Clara Valley is located within the Coast Ranges geomorphic province of California; an area characterized by northwest - trending ridges and valleys, underlain by strongly deformed sedimentary and metamorphic rocks of the Franciscan Complex. Overlying these rocks are sediments deposited during recent geologic times. The Santa Clara Valley consists of a large structural basin containing alluvial deposits derived from the Diablo Range to the east and the Santa Cruz Mountains to the west. Alluvial deposits are interbedded with bay and lacustrine (lake) deposits in the north - central region. Valley sediments were deposited as a series of coalescing alluvial fans by streams that drain the adjacent mountains. These alluvial sediments make up the groundwater aquifers of the area. Soil types in the project area include clay in low -lying areas, loam and gravelly loam in the upper portions of the valley, and eroded rocky clay loam in the foothills. Landslides are geologic hazards in foothill areas and expansive with high shrink -swell behavior are found on both the valley floor and in hillside areas. Weak soils, such as younger Bay Mud found in the margins near San Francisco Bay, can compress under the weight of buildings and fill. Other localized geologic hazards encountered within the project area include artificial fill that has not been properly compacted and naturally - occurring asbestos in ultramafic rocks, such as serpentinite. 4.6.1.2 Regional Seismicity and Seismic Hazards The San Francisco Bay Area is recognized by geologists and seismologists as one of the most seismically- active regions in the United States. Significant earthquakes occurring in the Bay Area are generally associated with crustal movement along well - defined active fault zones of the San Andreas Fault system, which spans the Coast Ranges from the Pacific Ocean to the San Joaquin Valley. Two other major active faults in the area the Hayward Fault and the Calaveras Fault, located in the hills to the north and east of the Santa Clara Valley. Hazards associated with seismic activity along regional and local faults include fault rupture, ground shaking, liquefaction, differential seismic settlement, and earthquake- induced landslides and waves in bodies of water. 4.6.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1,2,8 EPS Foam Food Ware Ordinance Initial Study City of San Josh 1�99 July 2013 Would the project: a. Rupture of a known earthquake fault, as described on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) b. Strong seismic ground shaking? c. Seismic - related ground failure, including liquefaction? d. Landslides? 2. Result in substantial soil erosion or the loss of topsoil. 3. Be located on a geologic unit or soil that is unstable, or that will become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4. Be located on expansive soil, as defined in Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property? 5. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ❑ ❑ No Impact .1 Checklist Source(s) Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact Incorporated ❑ ❑ No Impact .1 Checklist Source(s) El H El H El H 1 1 1 The proposed project is adoption of a model ordinance that would regulate the use of single -use EPS foam food ware within participating jurisdictions in Santa Clara County. The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware or change littering behavior. The ordinance does not propose or require construction of any kind and would not expose people or structures to substantial adverse risk involving geologic hazards or conditions. For these reasons, the project would not result in any geology and soils impacts. (No Impact) 4.6.3 Conclusion The proposed ordinance phasing out EPS foam food ware will have no impact on the exposure of people or structures to geologic, soils or seismic impacts. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 5300 July 2013 ❑ ® 1,2,9 El H El H El H 1 1 1 The proposed project is adoption of a model ordinance that would regulate the use of single -use EPS foam food ware within participating jurisdictions in Santa Clara County. The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware or change littering behavior. The ordinance does not propose or require construction of any kind and would not expose people or structures to substantial adverse risk involving geologic hazards or conditions. For these reasons, the project would not result in any geology and soils impacts. (No Impact) 4.6.3 Conclusion The proposed ordinance phasing out EPS foam food ware will have no impact on the exposure of people or structures to geologic, soils or seismic impacts. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 5300 July 2013 4.7 GREENHOUSE GAS EMISSIONS 4.7.1 Settine Unlike emissions of criteria and toxic air pollutants, which have local or regional impacts, emissions of greenhouse gases (GHGs) have a broader, global impact. Global warming associated with the "greenhouse effect' is a process whereby GHGs accumulating in the atmosphere contribute to an increase in the temperature of the earth's atmosphere. The principal GHGs contributing to global warming and associated climate change are carbon dioxide (CO2), methane (CHa), nitrous oxide (N20), and fluorinated compounds. Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the transportation, industrial and manufacturing, utility, residential, commercial, and agricultural sectors. 4.7.1.1 Regulatory Setting Agencies at the international, national, state, and local levels are considering strategies to control emissions of GHG that contribute to global warming. The following plans, polices, and regulations apply to the project area. California Assembly Bill 32 With the passage of AB 32 (Global Warming Solutions Act of 2006), the State of California made a commitment to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020, which represents a 30 percent decrease over "Business -as- Usual" conditions. CARB's Discrete Early Actions include maximizing energy efficient building and appliance standards, pursuing additional efficiency efforts, including new technologies and new policy and implementation mechanisms, and pursuing comparable investment in energy efficiency by all retail providers of electricity in California (including both investor -owned and publicly -owned utilities). In addition to AB 32, Executive Order S -3 -05 established a reduction target of 80 percent below 1990 levels by 2050. In December 2008, the California Air Resources Board (GARB) approved the Climate Change Scoping Plan, which contains a comprehensive set of actions designed to diversify California's energy sources, save energy, and enhance public health, among other goals. Per AB 32, the Scoping Plan must be updated every five years to evaluate the AB 32 policies to ensure that California is on track to achieve the 2020 GHG reduction goal. CARB expects to consider adoption of an updated Scoping Plan document in November 2013. California Senate Bill 375 Senate Bill 375 (SB 375), known as the Sustainable Communities Strategy and Climate Protection Act, was signed into law in September 2008. It builds on AB 32 by requiring CARB to develop regional GHG reduction targets to be achieved from the automobile and light truck sectors for 2020 and 2035 when compared to emissions in 2005. The per capita reduction targets for passenger vehicles in the San Francisco Bay Area include a seven percent reduction by 2020 and a 15 percent EPS Foam Food Ware Ordinance Initial Study City of San Josh 58301 July 2013 reduction by 2035.45 Consistent with the requirements of SB 375, the Metropolitan Transportation Commission is partnering with the Association of Bay Area Governments, the Bay Area Air Quality Management District, and the Bay Conservation and Development Commission to prepare the region's Sustainable Community Strategy, referred to as Plan Bay Area. A Draft Plan Bay Area was released for public review in March 2013. The regional per capita reduction targets set by SB 375 do not directly address emissions associated with the manufacture, transport, use, and disposal of commonly used products such as disposable food ware. 2010 Bay Area Clean Air Plan The Bay Area 2010 Clean Air Plan (CAP) addresses air emissions in the San Francisco Bay Area Air Basin. One of the key objectives in the CAP is climate protection. The 2010 CAP includes emission control measures and performance objectives, consistent with the state's climate protection goals under AB 32 and SB 375, designed to reduce emissions of GHGs to 1990 levels by 2020 and 40 percent below 1990 levels by 2035. BAAQMD CEQA Guidelines BAAQMD identifies thresholds of significance for operational GHG emissions from stationary sources and land -use development projects in its CEQA Air Quality Guidelines. These guidelines include recommended significance thresholds, assessment methodologies, and mitigation strategies for GHG emissions. The guidelines do not, however, address emissions associated with the manufacture, transport, use, and disposal of commonly used products such as disposable food ware. Envision San Jose 2040 General Plan The Envision San Jose 2040 General Plan includes a Greenhouse Gas Reduction Strategy embedded in its policies and programs that are designed to help the City sustain its natural resources, grow efficiently, and meet State legal requirements for GHG emissions reduction. Multiple policies and actions in the 2040 General Plan have GHG implications, including land use, housing, transportation, water usage, solid waste generation and recycling, and reuse of historic buildings. The City's Green Vision, as reflected in these policies, also has a monitoring component that allows for adaptation and adjustment of City programs and initiatives related to sustainability and associated reductions in GHG emissions. The GHG Reduction Strategy identifies GHG emissions reduction measures to be implemented by the following recycling and waste reduction strategies: RWR -Q. Extend recycling services - Green Vision Goal #5. As an estimate, divert an additional 75% of waste beyond the baseline year (2006) by 2035. CO2e from landfilled waste (2006) = 260,000 MT; 75% = 200,000 MT. MS -6.5. Reduce the amount of waste disposed in landfills through waste prevention, reuse, and recycling of materials at venues, facilities, and special events. 45 The emission reduction targets are for those associated with land use and transportation strategies, only. Emission reductions due to the California Low Carbon Fuel Standards or Pavley emission control standards are not included in the targets. EPS Foam Food Ware Ordinance Initial Study City of San Josh 5302 July 2013 MS- 5.Divert 100% of waste from landfills by 2022 and maintain 100% diversion through 2040. Among the other participating jurisdictions in Santa Clara County, the other cities /towns listed in Table 4.7 -1, below, have adopted or are preparing Climate Action Plans /Greenhouse Gas Reduction Strategies. Table 4.7 -1 Relevant Greenhouse Gas Plans and Policies for Participating Jurisdictions Jurisdiction Planning Status Relevant Policies Document San Josh Greenhouse Gas Adopted. June Green Vision Goal #5; Reduction Strategy 2011 Implementation: Zero Waste Strategic Plan. As an estimate, divert an additional 75% of waste beyond the baseline year (2006) by 2035. Gilroy Climate Action Plan Adopted. June 18, SW4: Ban Styrofoam and other 2012 non - biodegradable food containers in the City of Gilroy. Los Altos Climate Action Plan In Progress -- Los Gatos Los Gatos October 15, 2012 SW -9 — Develop policies, Sustainability Plan incentives, and design guidelines that encourage the public and private purchase and use of durable and nondurable items, including building materials, made from recycled materials or renewable resources. SW -10 Additional Waste Diversion: Aim to achieve the 75 percent waste diversion goal established by AB 341. Milpitas Climate Action Plan May 7, 2013 Measure 11.1: Waste Diversion - A. Support the expansion of existing food waste and composting collection routes in order to provide composting services for interested residents and businesses. B. Encourage local restaurants to compost food and provide compostable to -go containers. Morgan Hill Climate Action Plan In Progress -- Mountain View Greenhouse Gas August 2012 A: Implement Zero -Waste Plan Reduction Program PW EPS Foam Food Ware Ordinance Initial Study City of San Josh 6903 July 2013 Table 4.7 -1 Relevant Greenhouse Gas Plans and Policies for Participating Jurisdictions Less Than Significant With Mitigation Incorporated Planning No Impact Checklist Source(s) Jurisdiction Status Relevant Policies Document 1. Generate greenhouse gas emissions, either ❑ Santa Clara Climate Action Plan In Progress -- Sunnyvale Climate Action Plan In Progress LW -1.3. Ban the use of expanded significant impact on the environment? polystyrene (EPS) take -out containers at restaurants and 2. Conflict with an applicable plan, policy or ❑ ❑ fast food facilities Other: Planning Status Relevant Policies Document Palo Alto Climate Protection December, 2007 Expand collaborative efforts with Plan EPS Foam Food Ware Ordinance targeted businesses to reduce the Initial Study use of disposable items such as 6304 plastic shopping bags and take- July 2013 out containers. Propose possible product bans or fees to reduce the use of products such as plastic bags and bottled water. Implement approved material bans and mandatory recycling ordinances. Unincorporated Climate Action Plan September 2009 Establish a 75% waste diversion Santa Clara — Operations and goal for facilities and parks. County Facilities (GHG reduction of 1,525 metric tons) 4.7.2 Environmental Checklist and Discussion of Impacts Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Checklist Source(s) Would the project: 1. Generate greenhouse gas emissions, either ❑ ❑ ® ❑ 1,10 directly or indirectly, that may have a significant impact on the environment? 2. Conflict with an applicable plan, policy or ❑ ❑ ® ❑ 1,2,10 regulation adopted for the purpose of reducing the emissions of greenhouse gases? EPS Foam Food Ware Ordinance Initial Study City of San Jose 6304 July 2013 4.7.2.1 Greenhouse Gas Impacts of Substitute Products Prohibiting EPS foam food ware would not directly generate GHG emissions. Instead, the proposed phasing out of EPS foam food ware would indirectly generate GHG emissions associated with substitute container materials. Evaluating the greenhouse gas impacts of a disposable food service product requires an examination of the product's full life cycle. GHGs are emitted when the feedstock (e.g. petroleum or wood) is extracted, processed, manufactured into the product, and when the product is used, collected, and disposed. There are also greenhouse gas emissions from the transportation associated with each step of the product's life cycle. Because the calculation of GHG emissions for these phases depends on location- specific factors such as transportation distance and energy supply, there is an inherent uncertainty in the information available to the City of San Jose to quantify the emissions from products used in the project area. The life cycle assessments (LCAs) summarized in Appendix C reveal that the greenhouse gas emissions of the substitute products are in some cases higher and in other cases lower than their EPS foam counterparts. A 2011 study funded by the Plastic Foodservice Packaging Group (PFPG) found that the life cycle of 10,000 16 -ounce expanded polystyrene (EPS) cups accounts for 723 pounds of carbon dioxide. The same study found that 10,000 plastic -lined paper cups account for anywhere between 147 and 1,215 pounds of carbon dioxide emissions, depending on to what extent they decompose in landfills and whether or not a corrugated sleeve is used. 16 Another study, this one funded by the California Department of Resources Recycling and Recovery (CalRecycle), found that when all products were landfilled, the life cycle GHG emissions for 1,000 EPS clamshells were 53.6 kilograms of carbon dioxide equivalents (kg CO2e). The emissions from 1,000 clamshells made from substitute materials such as unfoamed polystyrene, polyethylene terephthalate (PET), polypropylene, and the biopolymer polylactic acid (PLA) were 51.8 kg, 80.7 kg, 6 1. 1 kg, and 41.5 kg, respectively.47 This study confirms that the GHG emissions of the substitute products range from somewhat higher to somewhat lower than EPS foam. Other studies summarized in Appendix C show similar results. A key issue with all of the LCAs is that the assumed end of life scenario, or waste disposal path, is not consistent with the actual waste collection infrastructure in the project area. How a product is disposed accounts for a substantial portion of the product's greenhouse gas impacts, so the results of studies with end of life scenarios differing from the actual waste disposal options in the project area are difficult to apply. For example in the aforementioned PFPG - funded study, twenty percent of the 10,000 EPS cups were assumed to be combusted for energy rather than landfilled. As a result, the EPS cups were given a credit for displaced energy production. This assumption was based on a national waste recovery average and does not reflect the circumstances in the project area. Of the waste collected in Santa 46 Franklin Associates, Ltd. "Life Cycle Inventory of Foam Polystyrene, Paper- Based, and PLA Foodservice Products." February 4, 2011. Prepared for The Plastic Foodservice Packaging Group. Available at: < hllp: / /plasticfoodservicefacts. com/ Life - Cycle- Inventory- Foodservice- Products >. 47 Kuczenski et al. "Plastic Clamshell Container Case Study." May 15, 2012. Prepared for CalRecycle. Available at: <http: / /www.calrecycle.ca.gov/ publications /Detail.aspx ?PublicationlD= 1431 >. EPS Foam Food Ware Ordinance Initial Study City of San Josh 6305 July 2013 Clara. County, only a small portion of the wood debris collected is incinerated for energy recovery.48 No other types of waste collected in the project area, including plastics, are incinerated.49 The CalRecycle- funded study provides another example of the significance of the end of life scenario in determining a product's greenhouse gas impacts. PET was the highest impact product at 80.7 kg CO2e /1,000 clamshells. However when the emissions were calculated with the assumption that 100 percent of the PET clamshells were recycled, the PET emissions dropped almost 50 percent making it one of the lowest impact products studied. PET is recyclable in all but one jurisdiction in the project area (see Figure 4.17 -4 in Section 4.17 Utilities and Service Systems), which means that insofar as PET would be used as a substitute for EPS foam, the emissions associated with those products could increase or decrease depending on the rate at which they are recycled. In the project area, emissions would likely be less than calculated in this study due to the wide availability of recycling services. These examples of the sensitivity of emissions to the end of life scenario demonstrate the inapplicability of the available information to the proposed project. Quantitative greenhouse gas analysis based on these LCAs would involve use of assumptions that are inconsistent with actual practices in the project area. There is no definitive evidence that any of the substitute products would account for significantly more greenhouse emissions than EPS foam products used in the project area. Another key issue that is not discussed in detail here is the transportation distance assumptions for the products. Each LCA uses an average transportation distance based on a set of estimations for the region and products studied. The City of San Jose does not have enough information to predict exactly where the EPS foam and substitute products available in the project area come from. Furthermore, any such information would be frequently changing based on market demand, price, and the availability of supply at the time of purchase. Therefore, the City of San Jose cannot conclude that replacing EPS foam food service ware with substitute products would substantially increase greenhouse gas emissions, and if substitute materials are commonly recycled, emissions may be reduced, as anticipated by the San Jose's GHG Reduction Strategy. 4.7.2.2 Consistency with Statewide GHG Reduction Plans AB32 and SB 375 The Climate Change Scoping Plan provides a comprehensive strategy to reduce statewide GHG emissions in the year 2020 consistent with the reduction targets established by A1332. Included within that strategy are actions related to GHG emissions from solid waste. According to the " Samonsky, E. Associate Environmental Services Specialist. City of San Jose, Environmental Services Division. Personal Communication. April 11, 2013. In calendar year 2012, 15,884 tons of San Jose 's residential yard trimmings stream were treated as co- generation (hog) fuel. This represents 12 percent of San Jose 's residential yard trimmings stream. "Limited amounts of specific materials from the project area may be disposed of by incineration. For example, the California Disposal Reporting System shows very small amounts of waste from Sunnyvale and other jurisdictions being burned at the Covanta waste -to- electricity plant at Crows Landing (Stanislaus County). Some amount was illegal drugs destroyed for the Sunnyvale Department of Public Safety. Waste from residential and food related businesses is not routinely disposed of by incineration, however. EPS Foam Food Ware Ordinance Initial Study City of San Jose 6306 July 2013 Scoping Plan, GHG emissions from waste in California are one (1) percent of overall total statewide emissions. Scoping Plan Recommended Action 15. RecyclinE and Waste. Reduce methane emissions at landfills. Increase waste diversion, composting and other beneficial uses of organic materials, and mandate commercial recycling. Move toward zero- waste. This action strives to reduce greenhouse gas emissions by turning waste into resources. By reducing the substantial energy use associated with the acquisition of raw materials in the manufacturing stage of a product's life- cycle, a large reduction in energy consumption should be realized. As stated in the Scoping Plan, "re- introducing recyclables with intrinsic energy value back into the manufacturing process reduces greenhouse gas emissions from multiple phases of product production including extraction of raw materials, preprocessing and manufacturing. Additionally, by recovering organic materials from the waste stream, and having a vibrant composting and organic materials industry, there is an opportunity to further reduce greenhouse gas emissions through the indirect benefits associated with the reduced need for water and fertilizer for California's Agricultural sector." Consistency: Shifting away from EPS foam food ware to substitute containers made from recyclable or compostable materials will help achieve the GHG emissions reductions assumed in the Scoping Plan for the solid waste sector given the ability for those products to be recycled or composted within the project area. To the extent food ware made from bioplastics (e.g. PLA) is landfilled rather than recycled, the carbon fixed in those inert containers will be sequestered from the active carbon cycle. As discussed in Section 4.3 Air Quality and Section 4.16 Transportation, the shift to substitute container materials will not result in a substantial increase in trips for delivery or disposal, so there will not be a substantial increase in vehicle - generated GHG emissions, therefore the project would not conflict with Bay Area's Sustainable Community Strategy's regional targets implementing SB 375. The per capita reduction targets for passenger vehicles in the San Francisco Bay Area include a seven percent reduction by 2020 and a 15 percent reduction by 2035, and the proposed ban would have no effect on the region's ability to meet these targets for automobile and light truck sectors. 4.7.2.3 Consistency with Local GHG Reduction Strategies The proposed ban would be consistent with San Jose's GHG Reduction Strategy by reducing the amount of EPS foam food ware waste currently being disposed in landfills, and by causing a shift to substitute materials capable of being composted or recycled. The proposed ban would also be consistent with adopted GHG Reduction Strategies (or Climate Action Plans) in Gilroy, Los Gatos, and Mountain View, and strategies /plans in development in Los Altos, Milpitas, Morgan Hill, Santa Clara, and Sunnyvale. The additional restrictions on retail sales and EPS foam ice chests would be consistent with adopted Climate Action Plans in Palo Alto and Santa Clara County. (Less Than Significant Impact) 4.7.3 Conclusion The proposed phase -out of EPS foam food ware would not directly or indirectly generate substantial GHG emissions that would have a significant impact on the environment, nor would the proposed project conflict with statewide or local plans adopted to reduce GHG emissions. (Less than Significant Impact) EPS Foam Food Ware Ordinance Initial Study City of San Josh 'tN July 2013 4.8 HAZARDS AND HAZARDOUS MATERIALS The following discussion addresses hazards to people related to single -use food ware use, manufacture, and disposal. Hazardous materials, substances or materials that could adversely affect the safety of the public, handlers or carriers during use, transportation, or disposal are also specifically addressed. Environmental effects or hazards to the environment are also addressed in Section 4.3 Air Quality, Section 4.4 Biological Resources, Section 4.9 Hydrology and Water Quality, and Section 4.17 Utilities and Service Systems. 4.8.1 Setting Hazardous materials include materials such as compressed gases, flammable liquids, oxidizers, corrosives and toxics. Hazardous materials are used and stored in most urban, suburban, and rural communities, including those within the project area. Examples of hazardous materials include gasoline and other fuels, chlorine compounds, acids, and biocides. They include substances used at a wide range of industries and businesses including manufacturing, automotive, medical and electronics. Many products containing hazardous chemicals also are routinely used and stored in homes; generally in small quantities. Hazardous materials are also shipped daily on highways, railroads, and in pipelines. Each year, Californians generate two million tons of hazardous waste.50 As discussed below under Regulatory Setting, properly handling these wastes avoids threats to public health and degradation of the environment. In addition, existing contamination from reported hazardous materials release sites (such as leaking fuel tanks) can adversely affect the environment or human health and is tracked in State of California databases, such as the GeoTracker database maintained by the State Water Resources Control Board. Landfill and solid waste facilities include landfills, transfer stations, material recovery facilities, compositing sites, and closed disposal sites. The two environmental concerns related to landfills are the generation and control of landfill gas and water moving through landfilled materials (leachate). Transfer stations do not routinely handle materials classified as hazardous materials, although they do encounter them in waste materials during sorting and have procedures for separating and properly disposing of such materials when encountered. There are four active landfills within Santa Clara County, including Newby Island, Kirby Canyon, Zanker and Guadalupe Mines in the City of San Jose and transfer stations in the cities of San Jose, Santa Clara, Sunnyvale, and unincorporated Santa Clara. County (San Martin). Landfills and other solid waste facilities are also identified in the Solid Waste Information System (SWIS) database maintained by CalRecycle. Other hazards identified within Santa Clara County include safety zones for airports (e.g., Mineta San Jose International Airport, Reid - Hillview Airport, Palo Alto Airport, South County Airport and Moffett Federal Airfield in Mountain View) and very high severity hazards for wildfires in some foothill areas of San Jose, Morgan Hill, Saratoga, Monte Sereno, Los Gatos, and unincorporated so Department of Toxic Substances Control. "DTSC: Who We Are and What We Do ". Accessed May 3, 2013. Available at: < hllp:// www. dtsc. ca. gov/ lnfonnationResources /DTSC_Overview.cfm >. EPS Foam Food Ware Ordinance Initial Study City of San Jose '�08 July 2013 Santa Clara County.51 Safety zones for airports are identified in Comprehensive Land Use Plans (CLUPs) for the public airports in the project area. 12 4.8.1.1 Health Hazards Associated with Food Ware Use and Manufacturing Food Container Safety The single -use food service ware products used by vendors and available for sale to the general public within the project area are manufactured from a variety of plastic resins, paper materials, paper materials lined with plastics, and bioplastics (e.g., plastic resins produced from materials derived from plants). EPS foam is one of a number of materials used to manufacture disposable or single -use food service ware. Many of these products are made from virgin materials (i.e. newly - produced); many others contain pre- consumer and/or post- consumer recycled content. As discussed under Regulatory Setting, below, environmental health concerns related to single- disposable food ware include avoiding contamination of containers with heavy metals and toxic materials. Hazardous Materials Used in Polystyrene Foam Manufacturing Slyrene Styrene is a carbon containing compound that is converted to the polymer (chain of molecules) polystyrene through a process known as polymerization. Styrene is produced from ethylene, a flammable gas, and benzene, which is flammable and a carcinogen. Styrene is classified as flammable and it has toxic properties if inhaled or ingested. In the work place, all of these compounds have established exposure limits [e.g., Immediately Dangerous to Life or Health (IDLH), as defined by the U.S. National Institute for Occupational Safety and Health (NIOSH)] due to toxic effects from inhalation or ingestion.53 In addition to acute toxic effects, the literature and studies on cancer risks associated with styrene has been reviewed by the U.S. Department of Health and Human Services, National Toxicology Program in its 12th Edition Report on Carcinogens. The report is a congressionally mandated, science - based, public health report that identifies agents, substances, mixtures, or exposures in the environment that may potentially put people in the United States at increased risk for cancer. The report uses two key categories for substances: 1) Known to be a Human Carcinogen and 2) Reasonably Anticipated to be a Human Carcinogen. The June 2011 report identified styrene, the building block of polystyrene, as "reasonably anticipated to be a human carcinogen based on limited evidence of carcinogenicity from studies in humans, sufficient evidence of carcinogenicity from studies in experimental animals, and 51 Association of Bay Area Governments, Earthquake and Hazards Program. Wildland Urban Interface Fire Threatened Communities. July 2009. Accessed April 11, 2013. Available at: < http:// gis3. abag. ca.gov/Website/Fire_Threat_WUI/ viewer.htm> 12 County of Santa Clara, Planning Office. "Airport Land -Use Commission". Accessed May 3, 2013. Available at: <http:/ /www. sccgov.org/ sites / planning/ PlansPrograms /ALUC/Pages /ALUC.aspx >. 13 Occupational Health and Safety Administration. "Health and Safety Topics, Styrene ". Accessed May 3, 2013. Available at: <hltp: // www. osha .gov /SLTC /styrene /index.html >. EPS Foam Food Ware Ordinance Initial Study City of San Jose 6509 July 2013 supporting data on mechanisms of carcinogenesis ".54 A previous review by the International Agency for Research on Cancer (IARC) concluded that that there is limited evidence in humans and experimental animals for the carcinogenicity of styrene and that overall, styrene is possibly carcinogenic to humans.55 Styrene is a substance that is reasonably anticipated by the National Toxicology Program to be a human carcinogen and from a regulatory standpoint is not considered a known carcinogen. Polystyrene Polystyrene is classified as a combustible material. Polystyrene foams are produced using blowing agents that expand the polystyrene resin into foam. In expanded polystyrene production, flammables such as pentane, may be used as blowing agents. The production of extruded polystyrene may utilize hydrofluorocarbons (HFC- 134a), which are regulated substances in part due to worker asphyxiation hazards. 4.8.1.2 Regulatory Setting Regulation of Food Container Health Hazards The Office of Food Additive Safety (OFAS) at the U.S. Food and Drug Administration's (FDA) Center for Food Safety and Applied Nutrition (CFSAN) regulates the manufacturing industry to ensure that food contact substances are safe.56 The U.S. Food and Drug Administration (FDA) oversees the safety of food packaging products and chemical levels that are permitted to be used in plastic food containers. Examples of food contact substances in takeout food containers include polymers (plastic packaging materials), pigments and antioxidants used in polymers, adhesives, materials used during the manufacture of paper and paperboard, and antimicrobial agents. Under the FDA's authority, plastic packaging products must pass safety assessments that eliminate the potential substances that could pose health risks, such as BPA57 °58, to be leached into the food or beverages being stored in containers. BPA is used to make certain plastics, including polycarbonate (Plastic Recycling Symbol 0), and a variety of products, including infant and water bottles. Polystyrene and polystyrene foam are not manufactured using BPA. 54 Department of Health and Human Services, National Toxicology Program. "12th Report on Carcinogens (RoC)" Accessed May 3, 2013. Available at: <http: //ntp.niehs.nih. gov / ?objectid=03C9AF75- E1BF -FF40- DBA9EC0928DF8B 15 >. 55 world Health Organization, International Agency for Research on Cancer. 2002. IARC Monographs on the Evaluation of Carcinogenic Risks to Humans. 2002. Available at: <hII12://monogpphs.iarc.fr/ENG/Monogpphs/vol82/Mono82.pdf>. 56 FDA. "Regulatory Report: Assessing the Safety of Food Contact Substances ". Accessed May 2, 2013. Available at: <hqp: / /www.fda.gov/ Food/ IngredientsPackagingLabeling /PackagingFCS /ucmO64166.htm >. " BPA (Bisphenol A) is a chemical used in certain food contact materials and concerns have been raised about BPA's long -term safety. Though the FDA considers current low levels of exposure as safe, it is "taking reasonable steps to reduce human exposure to BPA in the food supply" and review of BPA studies by the FDA is continuing. Source: FDA. `Bisphenol A (BPA): Use in Food Contact Application". Accessed May 3, 2013. Available at: <hqp://www.fda.gov/NewsEvents/PublicHealthFocus/ucm064437.htm>. 58 BPA was recently removed from California's Proposition 65 List requiring notification to consumers. Source: California Office of Environmental Health Hazard Assessment. "Current Proposition 65 List (April 19, 2013) ". Accessed May 3, 2013. Available at: < hqp: / /www.oehha.ca. gov/ prop65 /prop65_list/Newlist.html >. EPS Foam Food Ware Ordinance Initial Study City of San Josh 6731 O July 2013 The FDA also has regulations for the recycling of plastics into new food containers. The concerns about the safety of recycled plastics are focused on the potential for contaminants from the original products to end up in the recycled products. Regulatory requirements are outlined in the FDA prepared "Guidance for Industry: Use of Recycled Plastics in Food Packaging: Chemistry Considerations" to regulate food packaging standards for recycled plastics.59 The FDA's main safety concerns with the use of recycled plastic materials in food - contact articles are: 1) that contaminants from the post- consumer material may appear in the final food - contact product made from the recycled material, 2) that recycled post- consumer material not regulated for food - contact use may be incorporated into food - contact packaging, and 3) that adjuvants (secondary or other agents) in the recycled plastic may not comply with the regulations for food - contact use. Fiber -based food containers are also regulated by the FDA. Manufacture of food - contact products from reclaimed fiber must meet the criteria in Title 21 of the Code of Federal Regulations, Section 176.260 regarding suitable purity and other factors. In addition to the federal regulations of the FDA, the Department of Toxic Substances Control (DTSC) is charged with implementing the requirements of the laws that are found in the California Health and Safety Code (beginning at §25214.11). These regulations cover any packaging or packaging component sold in California and prohibit the intentional introduction of toxic metals (e.g., cadmium, lead, mercury, and hexavalent chromium) into packaging and the incidental introduction of more than 100 parts per million by weight for all toxic metals. 60 California Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. The purpose of Proposition 65 is to notify consumers that they are being exposed to chemicals that are known to cause cancer and/or reproductive toxicity. The State of California Office of Environmental Health Hazard Assessment maintains a list of chemicals, known as the Proposition 65 list. Neither the styrene monomer nor polystyrene are on the current (April 19, 2013) Proposition 65 list.61 Regulation of Hazardous Materials Use, Disposal and Storage There are a number of regulatory programs in place that are designed to minimize the chance for unintended releases and/or exposure of people to hazardous materials from existing contamination and /or accidental releases. Regulations include, but are not limited to: • California Building and Fire Codes • Hazardous Materials Storage Ordinances (Municipal and County Codes) • California Accidental Release Prevention Program (CaIARP) 19 FDA. "Recycled Plastics in Food Packaging ". Accessed May 3, 2013. Available at: <hqp: / /www.fda. gov/ Food/ IngredientsPackagingLabeling/ PackagingFCS/ RecycledPlastics /ucmO93435.htm >. 60 DTSC. "Toxics in Packaging Law ". Accessed May 3, 2013. Available at: <hIU2://www.dtsc.ca.gov/toxicsippackaging/TlPlaw.cfm>. 61 California Office of Environmental Health Hazard Assessment. "Current Proposition 65 List (April 13, 2013) ". Accessed May 3, 2013. Available at: < hilp: / /www.ochha.ca. gov/ prop65 /prop65_list/Newlist.html> EPS Foam Food Ware Ordinance Initial Study City of San Josh 6� 1 1 July 2013 • Certified Unified Program Agency (CUPA) Program (e.g., hazardous waste, fuel storage tanks, CalARP oversight; cities of Gilroy, Santa Clara, Sunnyvale, and County of Santa Clara Department of Environmental Health) • Hazardous Waste Operations and Emergency Response - Occupational Safety and Health Administration (Cal /OSHA) • State Water Code and Porter- Cologne Act (State Water Resources Control Board and Regional Boards) • Federal Resource Conservation and Recovery Act and California Health and Safety Code (California Department of Toxic Substances Control) Some of these regulatory programs set forth standards and procedures for the handling and storage of hazardous materials. Other programs set forth standards for the containment and /or neutralization of any accidental releases of hazardous materials. 4.8.2 Environmental Checklist and Discussion of Impacts Would the project: 1. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, will it create a significant hazard to the public or the environment? 5. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, will the project result in a safety hazard for people residing or working in the project area? Less Than Potentially Significant Significant With Impact Mitigation Incorporate( ❑ ❑ Less Than Significant No Impact Impact Checklist Source(s) 1,11 1 1 1 1 EPS Foam Food Ware Ordinance Initial Study City of San Josh 6� 12 July 2013 Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact Would the project: 6. For a project within the vicinity of a private ❑ airstrip, will the project result in a safety hazard for people residing or working in the project area? 7. Impair implementation of, or physically ❑ interfere with, an adopted emergency response plan or emergency evacuation plan? 8. Expose people or structures to a significant ❑ risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ❑ ❑ ❑ ❑ ❑ ❑ ® 1 ® 1 ® 1,2 The ordinance does not propose or require construction of any kind. Therefore, the project would not expose people or structures to substantial adverse hazards related to existing soil or groundwater contamination, airport safety zones, or wildland fires, or impair implementation of emergency response or evacuation plans. 4.8.2.1 Hazards Associated with Use of Substitute Products The proposed project is adoption of a model ordinance that would regulate the use of single -use EPS foam food ware within participating jurisdictions in Santa Clara County. The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware and consumers are not expected to litter substitute containers at a higher rate than EPS foam As discussed in Appendix D, many plastic and fiber -based products already exist that could replace polystyrene foam plates, bowls, beverage cups, and clamshells. A range of plastic and bio- plastic resins can be used to manufacture these products, though the most common plastics used are polypropylene (PP), general purpose polystyrene (GPPS, unfoamed), and PET (polyethylene terephthalate). Substitute products, including plastic and fiber -based single use food ware, are currently available on the market and currently used for serving foods and beverages. The containers themselves are not classified as hazardous substances under local, state or federal law, and substitution of these products would not directly involve the handling or transportation of hazardous materials. The safety of the substitute products as food containers, like EPS foam food ware, is regulated by the FDA and Department of Toxic Substance Controls. Plastic materials, such as polycarbonates, that are reported to contain BPA, are not generally used in the types of single -use food ware that would EPS Foam Food Ware Ordinance Initial Study City of San Jose 'S13 July 2013 be replaced (e.g., cups, bowls, clamshells, plates, and unencapsulated ice chests), and exposure to this material and its reported associated health risks would not substantially increase under the proposed project. (Less Than Significant Impact) 4.8.2.2 Secondary Impacts: Hazardous Materials Use Associated with the Manufacture of Substitute Products The manufacture of single -use food ware, both plastic and fiber- based, involves the use of regulated hazardous materials and the release of toxic chemicals into the environment. Substitute plastic and fiber -based products produced in the United States are readily available in California and Santa Clara County and are anticipated to be the primary substitute products used. Some containers may be manufactured outside of the United States, however, a thorough review of industries and regulations in other countries is beyond the scope of this environmental review. The basic processes of manufacturing the substitute products would be the same. Pulp used to make fiber -based substitute products is made by mechanically or chemically separating the fibers in wood or other plant materials. In some chemical pulping processes, corrosives and flammables such as sodium hydroxide and sodium sulfide are used. Bleaching chemicals can include chlorine gas, sodium hydroxide, calcium hypochlorite and peroxides. Coloring materials and coatings may also be applied to paper materials. Hazardous wastes can include halogenated solvents and other organic compounds used in degreasing and cleaning, corrosive waste, and ink waste. Plastic substitutes, both petrochemically and biologically based, involve the production of plastic resins from organic compounds and the manufacture of individual food ware products at multiple facilities. As discussed previously for polystyrene, common input chemicals from petroleum refiners used in the production of plastic resins include ethylene, propylene, and benzene among other cyclic organic chemicals. Bioplastics use feedstock chemicals derived from renewable, plant or food by- product based sources. After production of the chemical compounds and the various plastic resins (e.g. polypropylene, general purpose polystyrene, PLA), the plastic resins are subsequently manufactured into plastic products through forming or extrusion. The hazardous materials used and waste produced at an individual facility or for a particular type of plastic substitute will depend on the feedstocks, processes, equipment in use and maintenance practices. The U.S. Environmental Protection Agency (U.S. EPA) maintains a Toxic Release Inventory, which is a publicly available database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities. The TRI program also lists profiles of chemical use and releases related to the plastic and paper industry, the most recent of those posted by the U.S. EPA, are discussed below.62 According to the 1997 Profile of the Plastic Resin and Manmade Fiber Industries, plastic resin manufacturing facilities released 64.1 million pounds of toxic chemicals into the environment and transferred 192.4 million pounds to other facilities for the purpose of recycling, energy recovery, treatment, or disposal, for a total of 256.5 million pounds in 1995. The top five chemicals released in ' U.S. EPA. "Toxic Release Inventory (TRI) Program: 2011 TRI National Analysis" Accessed: May 1, 2013. Available at: < http : / /www.epa.gov /tri/tridata/tril l /nationalanalysis /index.htm >. EPS Foam Food Ware Ordinance Initial Study City of San Josh '� 1 4 July 2013 terms of volume were ethylene, methanol, acetonitrile, propylene, and ammonia. Approximately 74 percent (48 million pounds) of the industry's releases were to the air, 21 percent (13.3 million pounds of releases were by underground injection, and the remaining five percent were released as water discharges and disposals to land. Since this profile was completed, recycling of plastic materials such as PET has increased along with source reduction measures (e.g., reducing the amount of material needed by making materials lighter) 63. These and other measures would tend to reduce the overall waste stream of toxic materials associated with the production of virgin plastic resins on a per unit basis. As disclosed in the 2002 Profile of the Pulp and Paper Industry, 2nd Edition, the pulp and paper industry released and transferred a total of approximately 263.1 million pounds of toxic chemicals in 2000. Methanol represented roughly 60 percent of all pulp and paper toxic chemical releases and transfers. Other common chemicals released by the industry include ammonia, hydrochloric acid, and sulfuric acid. The pulp and paper industry released 66 percent of its total Toxic Release Inventory (by weight) to the air, approximately 22 percent to water and publicly owned treatment works (POTWs, or in other words, wastewater treatment plants), and nine percent was disposed of on land. Single -use food ware would make up only a small portion of the discharges for the industries listed above and any change in demand related to substitutes for EPS foam food ware would affect the release of hazardous materials by these industries in an amount proportional to their occurrence. As noted above, the plastic resin and pulp and paper industries both release and transfer toxic chemicals as a result of their manufacturing activities. Life -Cycle Assessments (LCAs) prepared for plastic and fiber -based products and summarized in Appendix C, identify that various emissions occur in both the air and water discharged as a part manufacturing of the various substitute materials. Unfortunately, no one LCA evaluated the use or release of hazardous materials for plastic and fiber -based substitutes along with EPS foam, applying the same methodology to each material type. Tabone et al. (2010) evaluated "percent of greatest impact" for the production of a range of plastic polymers using EPA's TRACI methodology. They included: petrochemical- sourced resins (including PET, general purpose polystyrene, PP, PC) and biopolymers PHA and PLA. Of the plastic resins evaluated, PET and bio -PET were reported to be highest impact for carcinogens, with general purpose polystyrene and polypropylene (PP) being in the lower range. For non - carcinogenic health hazards, general polystyrene was listed has having the greatest impact with PP having the lowest relative impact. The biopolymers PHA and PLA were somewhat higher than PP in the noncarcinogen hazards category. What is not clear or easy to assess is how the assessment tools in the TRACI methodology relate to actual emissions or discharges into the environment and what types of compounds are related to the identified impact. A second LCA which discussed emissions was prepared by Franklin Associates in 2006. It compared polystyrene foam to bleached paperboard and corregated paperboard food service products and stated that no 63 U.S. EPA. "Wastes - Resource Conservation - Common Wastes & Materials ". Accessed May 3, 2013. Available at: <hllp: / /www.epa.gov /osw /conserve /materials /plastics.htm #how >. EPS Foam Food Ware Ordinance Initial Study City of San Josh '� 1 5 July 2013 overall conclusions can be made about air and waterborne emissions released from the manufacture of these products because there is no "valid impact assessment methodology. "64 In conclusion, manufacturing of both EPS foam and substitute single use food ware products involves the use, transport, storage and disposal of a range of hazardous materials, some of which have toxic properties. No one LCA or EPA industry profile reviewed provides information to assess whether, overall, one or more of the substitute products would result in the disposal or use of substantially more regulated hazardous materials such that they could create a significant hazard to the public or the environment through their routine transport, use, or disposal. As discussed in Section 4.8.1.1. Regulatory Setting, there are a number of regulatory programs in place that are designed to minimize the chance for unintended releases and /or exposure of people to hazardous materials. Therefore, implementation of the proposed project and the use of substitute products is not anticipated to result in a significant indirect or secondary hazards and hazardous materials impact. (Less Than Significant Impact) 4.8.3 Conclusion The proposed phase -out of EPS foam food ware would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. (Less than Significant Impact) The proposed phase -out of EPS foam food ware does not propose or require construction of any kind. Therefore, the project would not expose people or structures to substantial adverse hazards related to existing soil or groundwater contamination, airport safety zones, or wildland fires, or impair implementation of emergency response or evacuation plans. (No Impact) ' Franklin Associates. "Life Cycle Inventory of Polystyrene Foam, Bleached Paperboard, and Corrugated Paperboard Foodservice Products." March 2006. Prepared for the Polystyrene Packaging Council, A Part of the American Chemistry Council's Non - Durable Plastics Panel. EPS Foam Food Ware Ordinance Initial Study City of San Josh 'M6 July 2013 4.9 HYDROLOGY AND WATER QUALITY 4.9.1 Settin6 4.9.1.1 Climate The County of Santa Clara is located at the southern end of San Francisco Bay. The urban areas of the County are primarily situated on an alluvial plain within the Santa Clara Valley, which extends southward from San Francisco Bay to Hollister, south of Gilroy. The mountain ranges bordering the alluvial plains ringing San Francisco Bay reach over 4,000 feet in elevation. Slopes vary from essentially flat (zero to two percent) on the valley floor with steeper slopes over 15 percent in foothill areas. The climate is a semi -arid, Mediterranean-type climate with warm, dry weather from late spring to early fall and cool, moist winters. Yearly precipitation varies, based largely on topography. The mean annual precipitation is 14 -15 inches Downtown San Jose, increasing to 22 inches in the foothills of eastern San Jose. The wettest month of the year is usually January, with an average rainfall of approximately three inches. Annual rainfall can vary due to weather altering events, such as El Nino or periodic drought. El Nino can produce a significant increase over normal rainfall and extend the duration of the wet season. In contrast, several droughts of five to seven years in duration have been documented in the San Jose and greater County area over the last 100 years. Evapotranspiration is defined as the combination of evaporation and transpiration of water from the land's surface to the atmosphere. Average annual evapotranspiration in San Jose is approximately 50 inches per year with potential water loss through evapotranspiration substantially higher than the mean annual precipitation. 4.9.1.2 Surface Water Drainage Watersheds within the Project Area A watershed is a land area from which water drains into a major body of water such as a stream, lake, wetland, bay or estuary, the ocean, or percolates into groundwater. Local watersheds in each jurisdiction are parts of larger, regional basins. The principal watersheds that drain to San Francisco Bay in Santa Clara County include the Lower Peninsula Watershed, the West Valley Watershed, the Guadalupe Watershed and the Coyote Watershed. In the southern Santa Clara Valley just northeast of Morgan Hill, the land tips and drains south via Llagas Creek and Uvas- Carnadero Creek (Uvas /Llagas Watershed) to the Pajaro River and Monterey Bay.65 Each of these watersheds is made up of one or more main creeks or a river, as well as many smaller tributaries, each with its own sub - watershed. Watershed elements include not only these tributaries but also dams, reservoirs, and groundwater recharge basins. A map of the principal watersheds in Santa Clara County is shown in Figure 4.9 -1. The Lower Peninsula Watershed, West Valley Watershed, Guadalupe Watershed and 61 Sowers, Janet M. et al. "Creek and Watershed Map of Morgan Hill & Gilroy." 2009. EPS Foam Food Ware Ordinance Initial Study City of San Jose 't � � July 2013 318 PRINCIPAL WATERSHEDS IN SANTA CLARA COUNTY FIGURE 4.9 -1 320 Coyote Watershed are part of the Santa Clara Basin, which is a sub -basin of the larger San Francisco Bay Basin. There are more than 800 miles of creeks and rivers in the Santa Clara Valley. A list of the creeks in each jurisdiction is listed in Table 4.9 -1 by watershed. Table 4.9 -1 Principal Watersheds and Creeks within Participating Jurisdictions Principal Creeks, River, and Reservoirs within Jurisdictions within Watershed Watershed Watershed Lower Peninsula Creeks: Reservoirs: Los Altos Watershed San Francisquito* Stevens Creek Los Altos Hills (98 square miles) Matadero Felt Lake Mountain View Deer Palo Alto Barron Sunnyvale Adobe Unincorporated Santa Clara Permanente* County Stevens* West Valley Creeks: Campbell Watershed Sunnyvale West Wildcat Smith Cupertino (85 square miles) Channel Caves Monte Sereno Sunnyvale East Booker Los Gatos Channel Bonjetti Monte Sereno Calabazas McElroy Saratoga Regnart Sanborn San Jose Rodeo Todd Sunnyvale San Tomas Aquino* Reservoirs: Santa Clara Saratoga* None Guadalupe Watershed River and Creeks: Reservoirs: Campbell (170 square miles) Guadalupe River* Lexington Los Gatos Guadalupe Creek Vasona Monte Sereno Los Gatos Guadalupe San Jose Ross Almaden Santa Clara Alamitos Calero Unincorporated Santa Clara Canoas Lake Elsman County Coyote Watershed Creeks: Milpitas (322 square miles) Los Buellis Creek Cribari Creek Morgan Hill Arroyo Aguague Sierra Creek San Jose North Babb Creek Silver Creek - Unincorporated Santa Clara South Babb Creek Upper County Wrigley -Ford Creek Tularcitos Creek Willow Springs Crosley Creek Creek Norwood Creek Berryessa Creek Quimby Creek Calera Creek Fowler Creek Ruby Creek Evergreen Creek Coyote Creek* Yerba Buena Fisher Creek Creek Los Coches Creek Thompson Creek EPS Foam Food Ware Ordinance Initial Study City of San Jose 7 732, July 2013 Table 4.9 -1 Principal Watersheds and Creeks within Participating Jurisdictions Principal Creeks, River, and Reservoirs within Jurisdictions within Watershed Watershed Watershed Silver Creek * - Flint Creek Lower Penitencia East Spring Creek Channel Splinter Valley Las Animas Creek Creek Shingle Creek Miguelita Creek San Felipe Creek Sweigert Creek Packwood Creek Piedmont Creek Scott Creek Penitencia Creek - Cochrane Channel Upper Penitencia Creek - Reservoirs: Lower Coyote Hawk Creek Anderson Misery Creek Lake Cunningham Uvas /Llagas Creeks: Gilroy Watershed Llagas Creek East Little Llagas Morgan Hill (104 square miles) Jones Creek Creek San Jose West Little Llagas Edmundson Creek Unincorporated Santa Clara Creek Lions Creek County Madrone Channel Little Uvas Creek Crews Creek Solis Creek Miller Slough Farman Creek Pajaro River Tilton Creek Princevalle Drain Pescadero Creek Uvas- Carnadero Eastman Canyon Creek Creek Pacheco Creek New Creek Sargent Creek Panther Creek Corrallitos Creek Rucker Creek Maple Creek San Ysidro Creek Foothill Creek South Corrallitos Tenant Creek Creek Tick Creek Skillet Creek Public Law 566 - Little Arthur Creek Upper Bodfish Creek Public Law 566 - Hayes Creek Lower Machado Creek Ortega Creek Paradise Creek Burchell Creek South Morey Croy Creek Channel Sycamore Creek North Morey Gavilan Creek Channel Upper Llagas Creek Tar Creek Lower Llagas Creek Dewitt Creek EPS Foam Food Ware Ordinance Initial Study City of San Jose 78322 July 2013 Table 4.9 -1 Principal Watersheds and Creeks within Participating Jurisdictions Principal Creeks, River, and Reservoirs within Jurisdictions within Watershed Watershed Watershed Alamias Creek Heron Creek Milias Creek Lower Miller West Branch Llagas Slough Creek Upper Miller Center Creek Slough San Martin Creek Babbs Canyon Church Creek Creek Day Creek McLean Creek Dexter Creek Live Oak Creek Reservoirs: Chesbro Uvas Source: Santa Clara Valley Water District. "Watershed Information." Accessed April 24, 2013. Available at; <hllp: / /www.valleywater. org /Service s/W atershedlnformatigE.aspx >. * = Trash-impaired Creek under Section 303(d) of the federal Clean Water Act. Stormwater and Urban Runoff Stormwater is rainwater that flows across surfaces without being absorbed into soil. Urban runoff is stormwater that combines with irrigation runoff, and water from other sources in an urban setting. Hardscape (impervious) areas prevent water from being absorbed into the ground and causes stormwater to flow more quickly and in larger qualities into the storm drain system. As stormwater combines with runoff already in the system, it gathers additional volume, speed, force, and contaminants. As a result, when the urban runoff is eventually released into a creek, river or bay it can cause erosion, flooding and damage to wildlife habitat. Stormwater runoff within the urbanized areas of the project area is discharged into local storm drains, which, in turn, flow into local creeks and either San Francisco or Monterey Bays. Generally, each local jurisdiction owns and maintains municipal storm drainage facilities within their boundaries. Flooding and Flood Management The Santa Clara Valley Water District (SCVWD) is responsible for providing flood protection to residences and businesses in the County from floods equal to or less than the "one percent flood." The one percent flood, also referred to as the "100 -year flood" or the "base flood," is the flow of water that has a one percent chance of being equaled or exceeded in any given year. This level of risk, however, should not be confused with a flood that will occur once every 100 years, but one that might occur once every 100 years or so, on average, over a very long period of time. Areas subject to the one percent flood are designated as Zone AE, A, AH, or AO on the Federal Emergency Management Agency (FEMA) flood maps. In Santa Clara County, designated flood EPS Foam Food Ware Ordinance Initial Study City of San Jose 723 July 2013 zones are generally located along the lower reaches of creeks and near San Francisco Bay (tidal flood zones). Santa Clara County has had several damaging floods over the years, most notably in 1995 and 1997 along the Guadalupe River and smaller events along San Francisquito Creek. Other waterways that are prone to flooding include, but are not limited to, Coyote Creek, Calabazas Creek, Stevens Creek, Sunnyvale east and West Channels, and East and West Little Llagas Creeks." The SCVWD has a flood management plan that involves an ongoing review of flood protection needs on all creeks in the Santa Clara Valley. A number of flood protection projects are being considered, including projects on San Francisquito Creek, tributaries of Coyote Creek (Berryessa, Upper Penitencia, and Lower Silver Creeks), the middle reaches of the Guadalupe River, and Llagas Creek. The SCVWD also maintains its flood control channels to ensure that the capacity of the channels is not substantially reduced by accumulated debris or excessive growth of vegetation. 4.9.1.3 Groundwater Conditions Groundwater is an important source of water to urban and rural land uses in Santa Clara County and nearly one -half of the water used in the County is pumped from groundwater. The Santa Clara Valley Groundwater Basin is the source for all groundwater in the County, and is divided into three sub - basins: the Santa Clara Valley, Coyote Valley, and Llagas Sub - basins. Groundwater levels respond to changes in the balance between groundwater recharge 17 and withdrawal," and indicate the relative amount of water stored in an aquifer at a given point in time. The SCVWD operates and maintains 18 major groundwater recharge facilities in the Santa Clara Valley and diverts water from local reservoirs and imported water to in- stream and off - stream percolation areas.69 Water percolating in recharge ponds and creek channels enters the groundwater subbasins through these recharge areas and undergoes natural filtration as it is transmitted into deeper aquifers. 4.9.1.4 Water Quality The water quality of streams, creeks, ponds, and other surface water bodies can be greatly affected by pollution carried in contaminated surface runoff. Pollutants from unidentified sources, known as "non- point" source pollutants, are washed from streets, construction sites, parking lots, and other exposed surfaces into storm drains. Surface runoff from roads in the project area is collected by storm drains and discharged into creeks and ultimately conveyed to San Francisco Bay or Monterey Bay. The runoff often contains contaminants such as oil and grease, plant and animal debris (e.g., leaves, dust, and animal feces), pesticides, litter, and heavy metals. In sufficient concentration, these pollutants have been found to adversely affect the aquatic habitats to which they drain. 66 SCWVD. "Local Hazard Mitigation Plan, 2012 Flood Mitigation Mailer." Accessed April 24, 2013. Available at: <hn: / /www. valleywater .org /Programs/LHMP.aspx >. 67 Groundwater recharge refers to the water gains within a groundwater basin. Water can be gained from direct surface water recharge (natural and artificial), deep percolation of precipitation, septic system discharges to groundwater, and deep percolation of irrigation return water. " Groundwater withdrawal refers to the water uses or losses within the groundwater basin. Groundwater withdrawal can occur from direct groundwater extractions (i.e., pumping), subsurface outflow to another groundwater basin, discharges to surface water, direct consumption by plants, and direct evaporation of surface water. " Santa Clara Valley Water District. "Groundwater Supply ". Accessed August 30, 2010. <hllp://www.valleywater.org/Services/GroundwaterSLipply.as >. EPS Foam Food Ware Ordinance Initial Study City of San Jose 8924 July 2013 Despite progress in reducing urban contributions to pollution of the waterways of the Bay Area, the California Regional Water Quality Control Board, SF Bay RWQCB recommended changes to the list of water bodies in the state for which federal water quality standards are not attained. The US Environmental Protection Agency (EPA) approved those recommendations in 2011, and now lists 26 Bay area waterways as "trash- impaired" under Section 303(d) of the federal Clean Water Act. Within the project area these waterways include: • Coyote Creek • Guadalupe River • Permanente Creek • San Francisco Bay, Lower (shoreline) • San Franciscquito Creek • San Tomas Aquino Creek • Saratoga Creek • Silver Creek • Stevens Creek This listing requires implementation of locally funded remediation programs for the affected waterways. A major component of the trash identified in waterways was "floatable debris ", which includes quantities of EPS foam food ware. Stormwater from the cities of Gilroy and Morgan Hill and unincorporated San Martin drain to Llagas Creek, the Pajaro River and Monterey Bay. Pollutants of concern in these watersheds [as listed in Storm Water Management Program (SWMP) for these jurisdictions] include sediment, nutrients, heavy metals, floatables, pesticides, herbicides, non - sediment solids, pathogens, oxygen- demanding substances, petroleum hydrocarbons, polycyclic aromatic hydrocarbons, and trash.70 The Pajaro River and Llagas Creek have been identified on the 303(d) list of impaired water bodies. Llagas Creek has been identified as an impaired water body for chloride, low dissolved oxygen, pH, E.coli and fecal coliform, electrical conductivity, sodium and total dissolved solids. The Pajaro River also has been identified as an impaired water body due to boron. Litter and Waterways Litter is waste that is improperly discarded. Due to the aesthetic, health, and environmental effects of litter, a number of organizations and government agencies track and characterize trends in litter generation, human behavior, and fate in the environment. Litter (or trash), including single -use food ware, is transported to local creeks and San Francisco Bay shorelines through three primary pathways: 1) curbs /gutters, storm drain lines and open channels that are part of storm water collection systems in urban areas; 2) wind; and 3) illegal dumping into water bodies." It generally is not found uniformly throughout urban or rural environments, with litter or trash "hot spots" being found at some locations due to human behavior and environmental behaviors or conditions. 12 Trash that reaches creeks can be a result of littering by individuals along roadways (motorists or pedestrians), wind blowing unsecured trash from waste containers or vehicle 70 Cities of Gilroy, Morgan Hill and County of Santa Clara. 2010. Revised Regional Storm Water Management Plan (SWMP). Accessed May 8, 2013. Available at: < http:// www .cityof .gilroy.org /cityof .gilroy /city hall/community development/engineering /storm water /default.aspx> " SCVURPP. "Urban Runoff Trash Management Reducing Impacts in Santa Clara Valley Creeks and San Francisco Bay." February 2013. 72 SCVURPPP. "Trash Hot Spot Selection Final Report." 2010. EPS Foam Food Ware Ordinance Initial Study City of San Josh 8325 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts loads, and from vehicles themselves (e.g., tires and vehicle debris), among other sources.73 Dumping directly into creeks or along roadways is also a source of litter. Littering rates can be higher at transition points, such as a bus stops or going into or out of businesses in retail areas. As discussed in Section 4.4, Biological Resources, EPS foam is a concern in the environment because as a component of plastic debris, animals may mistake small pieces of EPS foam debris as food. It floats on water, is highly visible, and is easily transported by wind. It also is friable (i.e., it crumbles) and breaks into smaller pieces which can be more difficult to screen or pick up than discarded containers that remain intact. While recognizable and of concern in litter in urban and aquatic environments, the proportion of total litter that is EPS foam is low (e.g., less than four percent by count for street litter and about eight percent by volume in stormwater systems). Litter characterization studies conducted locally and on a national basis have evaluated litter in the environment based upon the total count and /or volume of litter broken down into material categories, such as paper, glass, and plastic, and subcategories, such as PET beverage containers and expanded EPS food containers (refer to litter discussion in Appendix B). In a 2012 study underwritten by the American Chemistry Council Plastics Foodservice Packaging Group, Environmental Resources Planning LLC summarized the results of a number of litter characterization studies, including two from San Jose, that recorded amounts of polystyrene foam food service products in urban litter. A median value of 1.5 percent of "large litter "74 (by count) was reported to be EPS foam food ware, based upon 19 surveys between 1994 and 2008 in jurisdictions in the United States and Canada. One of the studies referenced, a 2008 street litter survey counted items of litter found at 125 randomly selected sites within the City of San Jose. EPS foam cups were found to make up 0.65 percent of the "large litter" counted. EPS foam plates and clamshells made up 0.1 and 0.05 percent respectively with an overall total of 0.8 percent EPS foam in the large litter category. In the small litter category, EPS pieces made up 1.3 percent of the total. In more recent street litter assessments within the City (2009 and 2012) the focus was on litter "hot spots ", streets or public rights -of -way known to accumulate litter. Counts in the large litter category for these selected sites found: • 1.6 — 2.2 percent polystyrene foam cups • 0.4 — 0.8 percent polystyrene foam food plates • 0.1 - 0.2 percent polystyrene clamshells • 0.2 -0.5 percent polystyrene trays. Recently, as a part of the Municipal Regional Stormwater Permit (MRP) issued by the San Francisco Bay Regional Water Quality Control Board, litter estimates have been completed for a regional study to assess the types and amounts of trash transported via urban runoff. For the purposes of the study, the amount of trash in the stormwater system for each jurisdiction was estimated on a volume basis. 73 Schultz, P. Wesley, et al. "Littering in Context: Personal and Environmental Predictors of Littering Behavior." 2011. Environment and Behavior. 45(1) (2013): 35. 74 "Large Litter" in the San Josh and other litter studies referenced in the review generally consisted of litter greater than or equal to four square inches in size. EPS Foam Food Ware Ordinance Initial Study City of San Josh 8326 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Approximately 3,900 cubic yards of trash that could reach creeks in the San Francisco Bay Basin from stormwater systems is estimated to be generated annually (refer to Table 4.9 -2). Approximately eight percent of this trash by volume, or 311 cubic yards, or eight (8) percent, is estimated to be EPS foam food ware. These values are projected, in part, based upon land use types in an effort to identify baseline trash generation that is transported to waterways via urban runoff. The results of studies will be presented to the SF Bay RWQCB in 2013. For the purposes of this Initial Study and based upon a review of available litter studies (refer to Appendix B), the environmental baseline for EPS foam food ware in within the project area is assumed to be: • Street Litter: about 0.8 -3.6 percent by count of large litter (four square inches in area or more) on streets based upon citywide and hot spot street litter surveys in San Jose; and • Stormwater System Litter: — about eight (8) percent by volume based upon SCVURPP litter characterizations (i.e., trash loading) in storm drain systems discharging to creeks and waterways.75 — about 311 cubic yards of EPS trash (roughly 3,000 pounds) per year in the SVURPP area. Municipal and Community Litter Collection and Cleanup Local jurisdictions within the project area conduct activities such as street sweeping and collection of trash from public trash containers as a part of efforts control and limit litter within their communities. Other activities includes organizing, publicizing or facilitating local cleanups of creeks and water ways. Cleanup events are conducted on a single -day basis (e.g., clean up days, illegal dumping response, homeless encampment removal) or throughout the year (e.g., street sweeping and routine maintenance of parks and public trash collection). SCVURPP estimates that over 600,000 gallons (80,000 cubic feet) of trash and recyclable were removed from Santa Clara Valley creeks and shorelines over a five year period by 13,000 volunteers and municipal staff during more than 580 clean up events in the project area. 16 Clean-up events sponsored by the Creek Connections Action Group (administered by the Santa Clara Valley Water District), such as National River and Coastal Cleanup Days, have removed trash from local water bodies, including approximately 60,00 gallons (8,000 cubic feet) in 2011 -2012. Other private or community organizations that conduct cleanups of roadways, lots or creeks include Beautiful Day (in association with Gary Richards /Roadshow and Caltrans), San Jose Clean Community Coalition, Save the Bay, Keep America Beautiful (Great American Clean Up), Friends of Coyote Creek, Friends of Five Wounds Trail, Save Our Trails, Guadalupe River Park Conservancy, Meet Up to Clean Up, neighborhood associations, and service clubs. '7,78,79 75 Refer to Table 4.9 -2 in Section 4.9 Hydrology and Water Quality for a breakdown by jurisdiction. 76 SCVURPPP. "Urban Runoff Trash Management Reducing Impacts in Santa Clara Valley Creeks and San Francisco Bay." February 2013. " San Jose Mercury News. "Massive Litter Cleanup of South Bay Highways Planned November 19 -20." 2011. Accessed April 29, 2013. Available at: <hllp: / /www.mercuiynews.com /traffic /ci19278527 >. 78 San Jose Clean Community Coalition. "Become Part of the Clean Community' _ Accessed April 29, 2013. Available at: < hllp : / /plastics.americanchemis!U.com /Stand- Alone- Content /SJCC.html >. 79 Save The Bay. "Volunteer with Save the Bay ". Accessed April 29, 2013. Available at: <hltps://www.savesfbgy.org/peninsula-south-bgy>. EPS Foam Food Ware Ordinance Initial Study City of San Josh 8327 July 2013 Section 4.0 -Environmental Setting, Checklist, and Discussion of Impacts Table 4.9 -2 Estimated Volume of Trash Reaching Storm Drain Inlets' (Stormwater Trash) Estimated Volume of Estimated Volume of EPS Foodware & Trash Beverageware Trash Generated Annually' Generated Jurisdiction Annually' Best Estimate Low Estimate Best High Estimate (Gallons) (Gallons) Estimate (Gallons) (Gallons) Campbell 17,186 1,025 1,367 1,709 Cupertino 25,292 1,509 2,012 2,515 Los Altos 10,393 620 827 1,034 Milpitas 38,302 2,285 3,047 3,809 Monte Sereno 426 25 34 42 Mountain View 44,736 2,669 3,559 4,449 Palo Alto 31,955 1,907 2,542 3,178 San Jose 302,474 18,048 24,064 30,080 Santa Clara 64,636 3,857 5,142 6,428 Saratoga 8,032 479 639 799 Sunnyvale 82,628 4,930 6,574 8,217 County of Santa 37,425 2,233 2,977 3,722 Clara Los Altos Hills 835 50 66 83 Los Gatos 13,224 789 1,052 1,315 Totals (Gallons) 677,543 40,428 53,904 67,380 Totals (Cubic 3,904 233 311 388 Yards) BAs reported in Short-Tenn Trash Load Reduction Plans as a part of Baseline Trash Generation Rates Characterization in the San Francisco Bay Area. 2Estimates based on the total amount of uncompacted trash/EPS measured in Storm Drain inlets and CDS units (5 events) in San Jose and Sunnyvale. Best = percentage of EPS compared to all trash; High and low assume measurement error of ( + / -) 25% when characterizing trash/EPS. s Simple mulitplication of annual trash load generated and percentage EPS (low = 6 percent, best estimate = 8 percent, and high = 10 percent) Source: Chris Sommers, EOA, Inc. for SCVURPPP. April 24, 2013. EPS Foam Food Ware Ordinance Initial Study City of San Josh 8328 July 2013 4.9.1.5 Regulatory Setting Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Water Quality The federal Clean Water Act and California's Porter- Cologne Water Quality Control Act are the primary laws related to water quality. Regulations set forth by the U.S. Environmental Protection Agency (EPA) and the State Water Resources Control Board have been developed to fulfill the requirements of this legislation. EPA's regulations include the National Pollutant Discharge Elimination System ( NPDES) permit program, which controls sources that discharge pollutants into the waters of the United States (e.g., streams, lakes, bays, etc.). These regulations are implemented at the regional level by the water quality control boards, which for the San Jose and greater Santa Clara County area north of Morgan Hill is the San Francisco Regional Water Quality Control Board (SF Bay RWQCB). The area of the County south of Llagas Road and Cochrane Road in Morgan Hill is regulated by the Central Coast Regional Water Quality Control Board (Central Coast RWQCB). 80, 81 Basin Plans The RWQCBs are also tasked with preparation and revision of a regional Water Quality Control Plan, also known as the Basin Plan. The Basin Plan identifies beneficial uses, which the Regional Board has specifically designated for local aquifers, streams, marshes, rivers, and the Bay, as well as the water quality objectives, and criteria that must be met to protect these uses. The RWQCBs implements the Basin Plan by issuing and enforcing waste discharge requirements to control water quality and protect beneficial uses. The Basin Plan also describes water resource protection efforts using a watershed management approach to regulating water quality. This approach represents an expansion of the primary focus of the Basin Plan and water quality regulations from point sources of pollution to include more diffuse sources, referred to as non -point sources, such as urban stormwater and agricultural runoff. Municipal Regional Stormwater NPDES Permit (MRP) /C.10 Requirements (SF Bay RWQCB -All Jurisdictions Except for Morgan Hill and Gilroy) The SF Bay RWQCB has issued a Municipal Regional Stormwater NPDES Permit (Permit Number CAS612008) (MRP) for the area of Santa Clara County that drains to San Francisco Bay. In an effort to standardize stormwater management requirements throughout the region, this permit replaces the formerly separate countywide municipal stormwater permits with a regional permit for 77 Bay Area municipalities, including the all of the jurisdictions within the County of Santa Clara except the cities of Morgan Hill and Gilroy, which are within the Central Coast RWQCB and are covered by separate NPDES stormwater permits (see discussion below). 80 State Water Resources Control Board. "State and Regional Water Boards ". Accessed April 18, 2013. <hqp://www.waterboards.ca.gov/waterboards MaP. shtml >. 81 Historically, efforts to prevent water pollution focused on "point" sources, meaning the source of the discharge was from a single location (e.g., a sewage treatment plant, power plant, factory, etc.). More recent efforts are focusing on pollution caused by "non- point" sources, meaning the discharge comes from multiple locations. The best example of this latter category is urban storm water runoff, the source of which is a myriad of impervious surfaces (e.g., highways, rooftops, parking lots, etc.) that are found in a typical city or town. EPS Foam Food Ware Ordinance Initial Study City of San Josh '�29 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Provision C.1 O.b. of the MRP requires each permittee to identify and select a required number of trash hot spots in creeks or shorelines where annual trash assessments and cleanups are required.82 The goal of Provision C.10. is for the permittees to reduce trash loads from municipal separate storm sewer systems by 40 percent by 2014, 70 percent by 2017, and 100 percent by 2022. Provision C.10. also requires the submittal of plans and studies, which currently is an on -going process.83 Possible approaches to achieve these ambitious targets include, but may not be limited to: • installation of additional trash capture devices; • enhancement of street sweeping and inlet cleaning activities; • additional maintenance of public litter cans; • product stewardship and source reduction actions targeting highly littered items; • public education and outreach; and • increased enforcement of anti - littering laws. Small MS4s NPDES Permits (Central Coast RWQCB - Morgan Hill and Gilroy) The cities of Morgan Hill and Gilroy and the County of Santa Clara have prepared and adopted a Storm Water Management Plan (SWMP) and been issued the NPDES Small MS4s General Permit by the Central Coast RWQCB [Order Number 2003 - 0005 -DWQ, Waste Discharge Identification Number (WDID #) 3- 43MS03020]. These jurisdictions are designated by the EPA as Small MS4s, meaning smaller municipal separate storm sewer systems serving less than 100,000 people. The SWMP outlines a comprehensive five year plan to establish Best Management Practices (BMPs) through six Minimum Control Measures (MCMs) to help reduce the discharge of pollutants into waterways and to protect local water quality caused by storm water and urban run -off within the corporate limits of Morgan Hill and Gilroy. BMPs include Pollution Prevention /Good Housekeeping measures for residential, municipal and industrial uses to reduce trash and litter in stormwater. Program implementation under the SWMP also includes conducting trash clean up days. NPDES Permits and Regulations for Industrial Facilities Wastewater discharges from industrial sources may contain pollutants at levels that could affect the quality of receiving waters. The NPDES permit program establishes specific requirements for discharges from industrial sources, such as facilities that manufacture single -use food ware items and /or materials. Depending on the type of industrial manufacturing facility, more than one NPDES program may apply. For example, the stormwater that runs off from the property of an industrial facility may require an NPDES permit under the stormwater program. An industrial facility may also discharge wastewater to a municipal sewer system and be covered under the NPDES pretreatment program. The industrial facility may also discharge wastewater directly to surface water and require 82 Santa Clara Valley Urban Runoff Pollution Prevention Program. "Trash Hot Spot Selection Final Report." July 1, 2010. 83San Francisco Bay Regional Water Quality Control Board. "Provision C.10 - Trash Load Reduction." Accessed April 24, 2013. Available at: < http: / /www.waterboards.ca.gov /rwgcb2 /water issues / programs/ stormwater/MRP/Prov_C10.shtml >. EPS Foam Food Ware Ordinance Initial Study City of San Jose 8330 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts an individual or general NPDES permit. Industrial facilities, whether they discharge directly to a surface water or to a municipal sewer system, are covered by effluent limitation guidelines and standards. 84 4.9.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact Incorporated Checklist No Impact Source(s) Would the project: 1. Violate any water quality standards or waste ❑ ❑ ® ❑ 1,11 discharge requirements? 2. Substantially deplete groundwater supplies or ❑ ❑ ❑ ® 1,2 interfere substantially with groundwater recharge such that there will be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells will drop to a level which will not support existing land uses or planned uses for which permits have been granted)? 3. Substantially alter the existing drainage ❑ ❑ ❑ ® 1 pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which will result in substantial erosion or siltation on -or off -site? 4. Substantially alter the existing drainage ❑ ❑ ❑ ® 1 pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which will result in flooding on -or off -site? 5. Create or contribute runoff water which will ❑ ❑ ❑ ® 1 exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6. Otherwise substantially degrade water ❑ ❑ ® ❑ 1, 11, 12, quality? 13 7. Place housing within a 100 -year flood hazard ❑ ❑ ❑ ® 1 area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? U.S. EPA. "NPDES Industrial and Commercial Facilities" Accessed April 30, 2013. Available at: <hltp: // cfpub. epa. gov /npdes/home.cfm ?program_id =14 >. EPS Foam Food Ware Ordinance Initial Study City of San Jose s�3 1 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Checklist Source(s) The proposed project, which does not involve construction or development activities, would not expose people or structures to flood or inundation hazards or alter drainage patterns. The following discussion focuses on possible effects on water quality. The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware and consumers are not expected to litter substitute containers at a higher rate than EPS foam. Implementation of the proposed project would result in a change in the composition of litter. As discussed below, there is little to no available data about how consumption or litter has changed in other jurisdictions where EPS foam food ware bans were passed (e.g., San Francisco, Seattle, Palo Alto, etc.). The City of San Jose expects that about 85 percent will be plastic and 15 percent will be fiber- based. 4.9.2.1 Possible Effects of an Ordinance on EPS foam Food Ware on Local Water Quality and the Implementation of the Basin Plan and NPDES MRP Requirements As discussed in Section 4.9.1.4 Water Quality, nine waterways in Santa Clara County are considered trash- impaired. In addition, under provision C.10 of the MRP, which covers 11 of the cities and towns and portions of unincorporated Santa Clara County within the project area, permittees are tasked with reducing trash loads from municipal separate storm sewer systems by 40 percent by 2014, 70 percent by 2017, and 100 percent by 2022. The following discussion addresses how the proposed project could affect water quality from the perspective of trash in local waterways. Only one study was found that measured EPS foam in litter after adoption of an ordinance regulating the use of EPS foam food ware. These studies were conducted for the City of San Francisco during the period 2007 -2009. In the one sample year after the ordinance (2009), the relative composition of litter appeared to shift from polystyrene foam to substitute container types. Based upon this one study, a change in the availability of EPS foam food ware for single use disposal containers would shift the material composition, but not the amount (count), of street litter. EPS Foam Food Ware Ordinance Initial Study City of San Jose 88332 July 2013 Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Would the project: 8. Place within a 100 -year flood hazard area ❑ ❑ ❑ structures which will impede or redirect flood flows? 9. Expose people or structures to a significant ❑ ❑ ❑ risk of loss, injury or death involving flooding, imcludimg floodimg as a result of the failure of a levee or dam? 10. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Checklist Source(s) The proposed project, which does not involve construction or development activities, would not expose people or structures to flood or inundation hazards or alter drainage patterns. The following discussion focuses on possible effects on water quality. The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware and consumers are not expected to litter substitute containers at a higher rate than EPS foam. Implementation of the proposed project would result in a change in the composition of litter. As discussed below, there is little to no available data about how consumption or litter has changed in other jurisdictions where EPS foam food ware bans were passed (e.g., San Francisco, Seattle, Palo Alto, etc.). The City of San Jose expects that about 85 percent will be plastic and 15 percent will be fiber- based. 4.9.2.1 Possible Effects of an Ordinance on EPS foam Food Ware on Local Water Quality and the Implementation of the Basin Plan and NPDES MRP Requirements As discussed in Section 4.9.1.4 Water Quality, nine waterways in Santa Clara County are considered trash- impaired. In addition, under provision C.10 of the MRP, which covers 11 of the cities and towns and portions of unincorporated Santa Clara County within the project area, permittees are tasked with reducing trash loads from municipal separate storm sewer systems by 40 percent by 2014, 70 percent by 2017, and 100 percent by 2022. The following discussion addresses how the proposed project could affect water quality from the perspective of trash in local waterways. Only one study was found that measured EPS foam in litter after adoption of an ordinance regulating the use of EPS foam food ware. These studies were conducted for the City of San Francisco during the period 2007 -2009. In the one sample year after the ordinance (2009), the relative composition of litter appeared to shift from polystyrene foam to substitute container types. Based upon this one study, a change in the availability of EPS foam food ware for single use disposal containers would shift the material composition, but not the amount (count), of street litter. EPS Foam Food Ware Ordinance Initial Study City of San Jose 88332 July 2013 Section 4.0— Environmental Setting, Checklist, and Discussion oflmpacts Substitute single -use food ware products are anticipated to be a mix of plastic [e.g., crystalline PS, polypropylene (PP), PET (polyethylene terephthalate), PLA(polylactic acid)] and fiber products. Substitutes for ice chests would be encapsulated EPS foam products or reusable coolers made of non- foamed plastics, such as polypropylene. Effects of Substitute Products on Litter Pathways to Waterways Although lighter than similar paper products, substitute plastic products are not as likely as EPS foam to be transported by wind off haul truck loads and along streets if deposited as litter. Because the substitute products do not crumble as readily as EPS foam and are not as likely to become airborne, they may be removed by street sweeping or maintenance activities before entering the storm water collection system or by screens or trash racks (see Photos 7a and 7b). The substitute products, therefore, are not more likely to reach waterways if inappropriately disposed of. Fate of Substitute Products in Waterways Fiber or paper replacement products that reach waterways would decompose in water over a period of weeks or months and would not Photo 7a: Trash Rack in Morgan Hill Photo 7b: Trash Interceptor tend to accumulate over time (also refer to Section 4.4.1.2 Plastic Debris in the Environment). 85 Some plastic coatings in fiber cups and containers could take longer to breakdown than the fiber material. The breakdown of plastic substitutes in water would be similar to that of EPS foam, although EPS foam may break into pieces sooner that other hard, non -foam plastic resin products. To the extent fiber or paper substitute products replace EPS foam food ware, the amount of plastic materials reaching San Francisco Bay, Monterey Bay and the Pacific Ocean, would decrease. As discussed in Section 4.9.1, by count and volume, EPS foam food ware in the project area makes up about eight percent of litter by volume in stormwater systems, and by count on city streets often less than two to three percent. " While paper cups are usually several times the weight of EPS foam cups, given the relatively small percentage of EPS foam food ware in litter, there would not be a substantial change in the count, volume or mass of litter that could impact water quality of creeks and waterways, including San Francisco and Monterey Bays. Replacing this material with substitute products (that are currently also found in litter) would reduce the amount of EPS foam in litter; however it would not result in a substantial change in the number, volume, or weight of litter items or trash in waterways and would not interfere with implementation of regional plans or programs, such as the Basin Plan or NPDES municipal stormwater permits designed to protect beneficial uses and improve water quality. (Less Than Significant Impact) 85 California Ocean Science Trust. "Plastic Debris in the California Marine Ecosystem." September 2011. Pages 23 -24. Available at: <hltp: / /calost.org /pdf/ science - initiatives / marine% 20debris /Plastic %2OReport _10- 4- 11.pdfl. " Street litter studies were done using litter counts and studies of litter in storm drain catch basins and the storm drain system were done by volume, as part of compliance with the MRP NPDES permit. EPS Foam Food Ware Ordinance Initial Study City of San Jose '�33 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.9.2.2 Water Quality Impacts Associated with the Manufacture of Substitute Products The proposed ordinance would result in a reduction in EPS foam food ware use and manufacture and is anticipated to result in a proportional increase in the manufacture and use of plastic and fiber -based substitute materials. Fiber and other plastic food ware products are currently manufactured in California, the remainder of the U.S., and internationally. Since the City of San Jose cannot predict exactly which materials would replace EPS foam in the local food service industry and where they would be manufactured, the following discussion is provided to generally characterize the available substitute types and to summarize what is known about their water quality impacts. The locations of manufacturing facilities and any associated water quality impacts cannot be determined with any certainty. Much of the manufacturing is likely to occur outside of Santa Clara County, however, since there are no large petrochemical plastics or fiber processing industries in the area. As noted in Appendix C, production of certain substitute materials such as PLA and PET can lead to increased eutrophication (i.e. increased nutrient loading) of water bodies from pollutants released during the manufacturing process and during feedstock production (for bioplastics or biodegradable fiber -based materials). See the Tabone et al., Madival et al., and the PlasticsEurope studies summarized in Appendix C. Paper production from virgin materials also has been reported to lead to increased eutrophication (i.e., increased nutrient loading) of water bodies from pollutants released during the manufacturing process. This would occur at manufacturing plants that do not treat all of their effluent. Eutrophication can degrade water quality and lead to a decreased level of dissolved oxygen, resulting in harmful impacts to wildlife. Paper manufactured with recycled content does not generate the same quantities or types of pollution as paper manufactured from virgin materials, although it is important to note that the use of recycled content may be limited in food ware due to concerns regarding contamination. Chemicals used in paper manufacturing can also include chlorine, sodium hydroxide, chloroform, acids, solvents (tetrachloroethylene, methylene chloride), and sodium sulfide." Since PLA plastic resin is produced from plant material, some of the same eutrophication issues as paper or fiber manufacturing could apply if discharges to waterways are not controlled. Chemical compounds that have toxic properties are associated with the manufacture of petrochemicals and plastic products. Given their properties, the use and disposal of these compounds is highly regulated. In the U.S. and a number of other countries, regulations limit industrial discharges of paper waste and manufacturing chemicals, including those under the NPDES Industrial Discharge program (refer to Section 4.9.1.5 Regulatory Setting). Given the relatively small shifts anticipated and existing laws and regulations governing manufacturing, especially in the U.S. and Canada, the incremental increases in throughput of substitute paper or plastic food ware products at facilities that meet current national Clean Water Act standards for water discharged back into the environment would not result in a significant impact on water quality. (Less Than Significant Impact) "EPA. Paper Industry. EPA/530- SW- 90 -027c. Available at: <www.srnallbiz- enviroweb.org/Resources/sbopubs/cdocs/c25.pdf> EPS Foam Food Ware Ordinance Initial Study City of San Jose 9534 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.9.3 Conclusion The proposed phase -out on EPS foam food ware would not violate water quality standards, waste discharge requirements or otherwise substantially degrade water quality. (Less than Significant Impact) The proposed phase -out of EPS foam food ware does not involve construction that would expose people or structures to flooding or inundation hazards or alter existing drainage patterns. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 935 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.10 LAND USE 4.10.1 Setting The 14 jurisdictions that are considering adoption of the model ordinance cover over 329 square miles, which is about one -third (32 percent) of the 1,029.1 square miles of Santa Clara County. The estimated resident population as of January 2012 within these cities and towns was 1,664,588 (about 92 percent of Santa Clara County) with about 822,525 jobs (91 percent of jobs in the County). Santa Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan The City of San Jose and several other jurisdictions considering foam EPS food ware bans are located within the Santa Clara Valley Habitat Conservation Plan/Natural Communities Conservation Plan (HCP/NCCP). The HCP/NCCP was developed through a partnership between Santa Clara County, the Cities of San Jose, Morgan Hill, and Gilroy, Santa Clara Valley Water District (SCVWD), Santa Clara Valley Transportation Authority (VTA), U.S. Fish and Wildlife Service (USFWS), and California Department of Fish and Wildlife (CDFW). The HCP/NCCP is intended to promote the recovery of endangered species and enhance ecological diversity and function, while accommodating planned growth in approximately 500,000 acres of southern Santa Clara County. The HCP/NCCP, which has been approved by the local partners, is not yet effective pending additional future actions by local, state, and federal agencies, anticipated to occur in the fall of 2013. 4.10.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Significant With Impact Mitigation Incorporated Less Than Significant Impact Checklist No Impact Source(s) Would the project: 1. Physically divide an established community? ❑ ❑ ❑ ® 1 2. Conflict with any applicable land use plan, ❑ ❑ ❑ ® 1,2,10 policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3. Conflict with any applicable habitat ❑ ❑ ❑ ® 1,7 conservation plan or natural community conservation plan? Adoption of the model ordinance phasing out EPS food ware containers would lead to a shift away to substitute containers made of recyclable or compostable plastics, or fiber. The proposed project would not, therefore, physically divide established communities in participating jurisdictions throughout Santa Clara County. The proposed ban would not conflict with any applicable plan, policy, or regulation adopted by any of the participating jurisdictions as no agencies are currently EPS Foam Food Ware Ordinance Initial Study City of San Jose 9336 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts understood to have policies or regulations promoting the use of EPS food ware or discouraging use of any of the potential substitutes, many of which can be recycled or composted in certain sectors (e.g. multi - family or commercial collection). The proposed ban would not be a covered activity under the HCP/NCCP in that it does not involve development or disturbance of land that results in loss of land cover that could be habitat to covered species, nor would it conflict with the HCP/NCCP's conservation strategies which involve protections for covered species' habitats. To the extent EPS food ware is currently appearing as litter in the environment and being ingested by (or otherwise harming) wildlife including the HCP/NCCP's covered species, a shift to substitute containers is not anticipated to create additional impacts to wildlife, as discussed in more detail in Section 4.4 Biological Resources. (No Impact) 4.10.3 Conclusion The proposed ordinance phasing out the use of foam EPS food ware would not result in land use impacts. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 9337 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.11 MINERAL RESOURCES 4.11.1 Setting Mineral resources found and extracted in Santa Clara County include construction aggregate deposits such as sand, gravel, and crushed stone. The only area in the City of San Jose that is designated by the State Mining and Geology Board under the Surface Mining and Reclamation Act of 1975 (SMARA) as containing mineral deposits which are of regional significance is Communications Hill. ss 4.11.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact Incorporated Would the project: 1. Result in the loss of availability of a known ❑ ❑ ❑ ® 1 mineral resource that will be of value to the region and the residents of the state? 2. Result in the loss of availability of a locally- ❑ ❑ ❑ ® 1,2 important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The project would not result in the loss of availability of a known mineral resource in Santa Clara County, the state, or elsewhere, in that the project does not involve development or reservation of a particular site containing mineral resources, rather the model ordinance, if adopted by a participating jurisdiction, will result in a shift away from EPS food ware containers to substitute containers made of recyclable or compostable plastics, or fiber. The proposed project would not, therefore, result in significant adverse impacts to mineral resources. 4.11.3 Conclusion The project would not result in impacts to known mineral resources. (No Impact) 88 City of San Jose. Envision San Jose 2040 General Plan. EPS Foam Food Ware Ordinance Initial Study City of San Jose 9338 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.12 NOISE 4.12.1 Setting Several factors influence sound as it is perceived by the human ear, including the actual level of sound, the period of exposure to the sound, the frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a "decibel" (dB) scale which serves as an index of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the "A- weighted" decibel or dBA. Further, sound is averaged over time and penalties are added to the average for noise that is generated during times that may be more disturbing to sensitive uses such as early morning, or late evening. Since excessive noise levels can adversely affect human activities (such as conversation and sleeping) and human health, federal, state, and local governmental agencies have set forth criteria or planning goals to minimize or avoid these effects. The noise guidelines are almost always expressed using one of several noise averaging methods such as Leq, DNL, or CNEL.89 Using one of these descriptors is a way for a location's overall noise exposure to be measured, realizing of course that there are specific moments when noise levels are higher (e.g., when a jet is taking off from an airport or a leafblower is operating) and specific moments when noise levels are lower (e.g., during lulls in traffic flows on I -880 or in the middle of the night). Noise in Santa Clara County related to single -use EPS foam food ware is primarily limited to truck noise from the transport of food ware to restaurants, other food vendors, and retailers. 4.12.2 Environmental Checklist and Discussion of Impacts Checklist Source(s) 1,2 " Leq stands for the Noise Equivalent Level and is a measurement of the average energy level intensity of noise over a given period of time such as the noisiest hour. DNL stands for Day -Night Level and is a 24 -hour average of noise levels, with 10 dB penalties applied to noise occurring between 10:00 PM and 7:00 AM. CNEL stands for Community Noise Equivalent Level; it is similar to the DNL except that there is an additional five (5) dB penalty applied to noise which occurs between 7:00 PM and 10:00 PM. Generally, where traffic noise predominates, the CNEL and DNL are typically within two (2) dBA of the peak -hour Leq. EPS Foam Food Ware Ordinance Initial Study City of San Jose 9339 July 2013 Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Would the project result 1. Exposure of persons to or generation of noise ❑ ❑ ❑ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2. Exposure of persons to, or generation of, ❑ ❑ ❑ excessive groundborne vibration or groundborne noise levels? Checklist Source(s) 1,2 " Leq stands for the Noise Equivalent Level and is a measurement of the average energy level intensity of noise over a given period of time such as the noisiest hour. DNL stands for Day -Night Level and is a 24 -hour average of noise levels, with 10 dB penalties applied to noise occurring between 10:00 PM and 7:00 AM. CNEL stands for Community Noise Equivalent Level; it is similar to the DNL except that there is an additional five (5) dB penalty applied to noise which occurs between 7:00 PM and 10:00 PM. Generally, where traffic noise predominates, the CNEL and DNL are typically within two (2) dBA of the peak -hour Leq. EPS Foam Food Ware Ordinance Initial Study City of San Jose 9339 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact Would the project result in: 3. A substantial permanent increase in ambient ❑ ❑ ® ❑ 1 noise levels in the project vicinity above levels existing without the project? 4. A substantial temporary or periodic increase ❑ ❑ ❑ ® 1 in ambient noise levels in the project vicinity above levels existing without the project? 5. For a project located within an airport land ❑ ❑ ❑ ® 1 use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, will the project expose people residing or working in the project area to excessive noise levels? 6. For a project within the vicinity of a private ❑ ❑ ❑ ® 1 airstrip, will the project expose people residing or working in the project area to excessive noise levels? The proposed EPS foam food ware ordinance does not include physical development of any kind and would not expose persons to excessive noise or groundbome vibration levels. Based on existing patterns of distribution, it is unlikely that there would be a substantial increase in truck trips delivering substitute single -use food ware to food vendors or retail stores in the project area (see Section 4.16 Transportation). For a discernable increase in roadway noise to occur, generally traffic volumes must double. Any additional truck trips related to the transport of substitute food ware products would not occur in great enough quantities, if at all, to result in a measurable increase in noise levels on local roadways. In addition, increased use and disposal of the substitute containers would not affect the number of vehicles associated with curb -side refuse (or recycling) pick -up in that the overall amount of food ware containers used in the project areas is not expected to change. (Less Than Significant Impact) 4.12.3 Conclusion Implementation of the proposed ordinance would not result in a measurable increase in noise or vibration. (Less Than Significant Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 9340 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.13 POPULATION AND HOUSING 4.13.1 Setting According to the California Department of Finance estimates, the 2012 population of the 14 participating jurisdictions was 1,664,588.90 The total 2012 population of Santa Clara County (14 participating jurisdictions plus Palo Alto and unincorporated Santa Clara County) according to these estimates was 1,816,486. 4.13.2 Environmental Checklist and Discussion of Impacts Would the project: 1. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 3. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact Incorporated ❑ ❑ ❑ ® I I ❑ ❑ ❑ ® I ❑ ❑ ❑ ® I The proposed ordinance to prohibit the use of disposable EPS foam food service ware would not induce any population growth, nor would it displace any number of people or housing units. 4.13.3 Conclusion The proposed project would have no impact on population and housing. (No Impact) 90 California Department of Finance. "E -1 Population Estimates for Cities, Counties, and the State — January 1, 2011 and 2012." May 2012. Available at: <hllp: / /www.dof.ca.gov/ research /demographic /reports /estimates /e -1 / >. EPS Foam Food Ware Ordinance Initial Study City of San Josh ' W July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.14 PUBLIC SERVICES 4.14.1 Setting Public services such as police and fire protection, schools, parks, and public facilities, in the incorporated areas of Santa Clara County are operated and maintained by individual jurisdictions or by contracts with other public agencies. Services in the unincorporated areas are provided by Santa Clara. County. 4.14.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Significant With Impact Mitigation Incorporated Less Than Significant Impact No Impact Checklist Source(s) 1. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? Police Protection? ❑ ❑ ❑ ® 1 Schools? ❑ ❑ ❑ ® 1 Parks? ❑ ❑ ❑ ® 1 Other Public Facilities? ❑ ❑ ❑ ® 1 ❑ ❑ ❑ ® 1 The reduced use of EPS foam caused by the proposed ordinance would correspond with an increase in the use of substitute products. This would not be expected to affect the quantity of disposable food service products used and consumers are not expected to litter substitute containers at a higher rate than EPS foam. A change in the types of disposable products used would not affect recreational or school facilities. The proposed project would not increase the demand for police and fire services nor would it require the construction or expansion of any other public facilities. 4.14.3 Conclusion The proposed ordinance would have no adverse physical impacts on police and fire facilities, schools, parks, or other public facilities. It would not require the construction or expansion of any new or existing public facilities. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 98342 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.15 RECREATION 4.15.1 Setting Parks and recreational facilities within the project area are operated and maintained by the jurisdictions within it as well as the County of Santa Clara. There are also State and federally -owned recreational areas in the project area (e.g., Henry Coe State Park). 4.15.2 Environmental Checklist and Discussion of Impacts Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact 1. Would the project increase the use of existing ❑ ❑ ❑ ® 1 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility will occur or be accelerated? 2. Does the project include recreational facilities ❑ ❑ ❑ ® 1 or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The proposed project would reduce and aim to eliminate the use of disposable EPS foam food ware in Santa Clara County. As a result, the use of substitute products made from paper, plastic, bioplastics, and other plant materials would increase. Consumers are not expected to litter substitute containers at a higher rate than EPS foam, so overall litter in the terrestrial environment is not expected to increase. Since litter would not increase, the proposed project would not result in substantial physical deterioration of recreational facilities. (No Impact) The proposed project would not increase the use of the existing neighborhood and regional parks or cause adverse physical impacts to recreational facilities. 4.15.3 Conclusion The proposed project would not increase the use of parks or recreational facilities or require the construction of new recreational facilities. (No Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 943 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.16 TRANSPORTATION 4.16.1 Setting 4.16.1.1 Existing Transportation System The existing transportation system within the jurisdictions in Santa Clara County includes the roadway network (e.g., freeways, expressways, a Grand Boulevard, arterials, and neighborhood streets), transit systems (light rail, buses, heavy rail), bicycle routes, and trails and pathways for pedestrians and bicycles. The transportation system is owned and maintained by local cities and towns, Santa Clara County (county expressways), the Santa Clara Valley Transportation Authority (light rail transit rights -of -way), the Santa Clara Valley Water District (some trails adjacent to waterways) and the State of California (highways and freeways and some railroad tracks). For CEQA analyses done in Santa Clara County, traffic conditions at study intersections affected by project traffic are evaluated using level of service (LOS). Level of Service is a qualitative description of operating conditions ranging from LOS A, or free - flowing conditions with little or no delay, to LOS F, or oversaturated conditions with excessive delays. San Jose's policies, and those of a number of the local participating jurisdictions, identify LOS D or better as the acceptable standard for most local street operations. The Santa Clara County Congestion Management Plan (CMP) level of service standard for signalized intersections, which applies only to regional intersections designated in the CMP, is LOS E or better. The CMP methodology requires an impact analysis be done for any intersection to which a proposed project would add 10 or more vehicles per lane per hour. For freeways, the LOS standard is LOS E or better. The jurisdictions within Santa Clara County also have a range of policies and programs that encourage and /or plan for increased use of multi -modal transportation facilities such as transit, pedestrian sidewalks and trails, and bicycle facilities. 4.16.1.2 Delivery of EPS Foam Food Ware Products Single -use food ware is delivered in dedicated loads from manufacturers to regional or subregional distributors. They are then delivered to users, such as restaurants and retail outlets, as part of mixed loads of items. The vast majority of product deliveries to food service providers and retailers are provided by trucks. 4.16.1.3 Solid Waste and Recycling Collection in the Project Area Solid waste and recycling collection services for residences and businesses in the project area are provided by a number of waste and recycling haulers franchised by the individual jurisdictions. Solid waste and recycling is collected on a regular basis using established routes and days of collection. Waste collection is organized by land use sectors such as single - family residential, multi- family residential, commercial, and industrial. Industrial waste is not discussed in this Initial Study because it does not contain EPS foam food service products that would be affected by the project. EPS Foam Food Ware Ordinance Initial Study City of San Jose 1044 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Waste collected in Santa Clara County is processed and/or landfilled at any of the following landfills and transfer stations: Newby Island Resource Recovery Park, Guadalupe Rubbish Disposal Company, Kirby Canyon Landfill, Mission Trail Waste Management Transfer Station, San Martin Transfer Station, and the Sunnyvale Materials Recovery and Transfer (SMaRT) Station.91 Newby Island recycles clean polystyrene foam that is dropped off at the landfill. All other facilities landfill EPS foam. Other materials to be recycled are hauled by truck from transfer stations or landfills to off -site locations for shipping to recyclers or composting operations, generally during off -peak hours, to avoid heavy traffic periods. 4.16.2 Environmental Checklist and Discussion of Impacts 2. Conflict with an applicable congestion ❑ ❑ ® ❑ 1 management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 3. Result in a change in air traffic patterns, ❑ ❑ ❑ ® 1 including either an increase in traffic levels or a change in location that results in substantial safety risks? 4. Substantially increase hazards due to a design ❑ ❑ ❑ ® 1 feature (e.g., sharp curves or dangerous intersections) or incompatible land uses (e.g., farm equipment)? 5. Result in inadequate emergency access? ❑ ❑ ❑ ® 1 9t Center for the Development of Recycling. City Recycling and Garbage Services in Santa Clara County. 2013. Available at: http: / /www.recyclestuff.org /Guides /CilyGuide.pdf EPS Foam Food Ware Ordinance Initial Study City of San Josh 1045 July 2013 Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant No Impact Impact Checklist Source(s) Would the project: 1. Conflict with an applicable plan, ordinance or ❑ ❑ ® ❑ 1,2 policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 2. Conflict with an applicable congestion ❑ ❑ ® ❑ 1 management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 3. Result in a change in air traffic patterns, ❑ ❑ ❑ ® 1 including either an increase in traffic levels or a change in location that results in substantial safety risks? 4. Substantially increase hazards due to a design ❑ ❑ ❑ ® 1 feature (e.g., sharp curves or dangerous intersections) or incompatible land uses (e.g., farm equipment)? 5. Result in inadequate emergency access? ❑ ❑ ❑ ® 1 9t Center for the Development of Recycling. City Recycling and Garbage Services in Santa Clara County. 2013. Available at: http: / /www.recyclestuff.org /Guides /CilyGuide.pdf EPS Foam Food Ware Ordinance Initial Study City of San Josh 1045 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Less Than Potentially Significant Significant With Impact Mitigation Would the project: Conflict with adopted policies, plans, or ❑ ❑ programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Checklist Significant No Impact Source(s) Impact ❑ ® 1,2 The proposed project is adoption of a model ordinance that would regulate the use of single -use EPS foam food ware within participating jurisdictions in Santa Clara County. The proposed ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware and consumers are not expected to litter substitute containers at a higher rate than EPS foam. The ordinance does not propose modifications to the transportation network or construction of new development that would generate new vehicle, bicycle or pedestrian trips. 4.16.2.1 Impacts of Truck Trips for Delivery of Substitute Products Single -use food ware products are delivered in boxes or similar containers by truck to food vendors, restaurant and food service suppliers, and retail outlets throughout the project area by distributors, delivery service companies, and company fleet trucks from distribution centers. Deliveries generally are undertaken on a regular basis along with other products. Substitute food ware products identified in Section 4.0 (Substitute Products) and Appendix D are also currently delivered to businesses throughout Santa Clara County. Stacked food ware products with the same capacity (e.g., 16 ounce cups, nine -inch clamshells) may have different weights, however the overall volume of delivery boxes is anticipated to be similar for EPS foam and substitute products and differences in volume are not anticipated to result in the need to dispatch additional delivery trucks. Truck trips from independent delivery service companies and company fleet trips are not anticipated to change in number due to the substitution of one type of single -use food ware (PS foam) for another. Truck trips from individual distributors could shift depending on whether or not a distributor currently sells both EPS foam food ware and the substitute products. Overall, delivery truck trips, especially during peak hours, are not anticipated to substantially increase. Therefore, the performance of the transportation system would not be adversely effected by changes in delivery truck traffic resulting from implementation of the proposed project. (Less Than Significant Impact) 4.16.2.2 Impacts of Truck Trips for Solid Waste Disposal and Recycling The proposed ordinance would result in a shift in the composition of food service ware in the waste stream. EPS foam products would be replaced by products made from materials including: petroleum -based plastic, plant -based plastic, paperboard, molded pulp, and plant fibers. EPS Foam Food Ware Ordinance Initial Study City of San Jose 1046 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts As discussed in Section 4.0 (Baseline) and Appendix B, the percentage of EPS foam food ware in waste collected in San Jose and Sunnyvale is a small portion of the total collected solid waste. The use of substitute products would not increase the volume of single -use food ware in solid waste to the extent that additional truck trips would be required to collect waste or recyclable materials. The number of truck trips for solid waste and recycling collection would not change substantially with implementation of the ordinance. Project traffic impacts are considered significant if they conflict with city, town or County /CMP policies related to maintenance of intersection or freeway level of service or would conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The project would not generate a substantial increase in peak hour traffic or modify public transit, bicycle or pedestrian facilities and therefore would not result in a significant adverse transportation impact. (Less Than Significant Impact) 4.16.3 Conclusion The ordinance does not propose modifications to the transportation network or construction of new development that would generate new vehicle, bicycle or pedestrian trips or result in transportation hazards or inadequate emergency access. (No Impact) The proposed ordinance would not result in a significant transportation impact due to possible modifications to truck trips. (Less Than Significant Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 1047 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.17 UTILITIES AND SERVICE SYSTEMS 4.17.1 Setting 4.17.1.1 Water Supply Water service within the project area is provided by private and municipal water suppliers. There are 13 water retailers in Santa Clara County and several special water districts. The water providers for each jurisdiction are listed in Table 4.17 -1, below. Table 4.17 -1 Water Retailers for Jurisdictions within Santa Clara County Jurisdiction Water Retailers /Public Water Utilities Campbell San Jose Water Company Cupertino California Water Service Company Gilroy Gilroy Water Los Altos California Water Service Company Los Altos Hills Purissima Hills Water District, California Water Service Company Los Gatos San Jose Water Company Milpitas Milpitas Water Monte Sereno San Jose Water Company Morgan Hill Morgan Hill Water Mountain View Mountain View Water, California Water Service Company Palo Alto Palo Alto Water San Jose Great Oaks Water Company, San Jose Municipal Water System, San Jose Water Company Santa Clara Santa Clara Water Department Saratoga San Jose Water Company Sunnyvale Sunnyvale Water, California Water Service Company Unincorporated Santa Clara County Purissima Hills Water District Santa Clara Valley Water District and other local districts Stanford University The Santa Clara Valley Water District manages the County's groundwater sub - basins to support pumping from aquifers which accounts for approximately 40 -50 percent of the County's water supply.92 The District also operates water supply reservoirs and groundwater recharge facilities in local watersheds and import water from the State Water Project and San Felipe Division of the Federal Central Valley Project. The San Francisco Public Utilities Commission's Hetch Hetchy Aqueduct is a third source of imported water available to eight of the water retailers in the County (e.g., Palo Alto, Mountain View, Sunnyvale, Santa Clara, San Jose and Milpitas, Purissima Hills Water District, and Stanford University). 92 Santa Clara Valley Water District. "Urban Water Management Plan 2010." 2010. EPS Foam Food Ware Ordinance Initial Study City of San Jose 1048 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.17.1.2 Stormwater Drainage Systems The cities, towns and County of Santa Clara are responsible for the development, operation, and maintenance of Stormwater systems throughout their jurisdictions. Stormwater drainage systems convey runoff and prevent local flooding of streets and urban areas. They move water away from developed and rural areas to a local water body, such as a creek, river or bay. Stormwater sewer systems include Stormwater inlets (storm drains) and gutters on streets as well as pipes and outfalls. Stormwater outfalls are, where the collected Stormwater enters a local water body. Within the City of San Jose alone, there are about 30,000 storm drain inlets on City streets. 13 The various Stormwater systems collect runoff water from streets and developed properties and carry it to local creeks and rivers that ultimately drain into San Francisco Bay or Monterey Bay (e.g., Gilroy, Morgan Hill and portions of southern Santa Clara County). In some rural and less developed areas, storm water runoff is conveyed in open channels or overland prior to discharge in local waterways. Creeks and rivers in each jurisdiction are listed by watershed in Table 4.9 -1. Several permits and plans govern the design and operation of municipal stormwater systems within the project area. As discussed in Section 4.9.1.5 (Hydrology and Water Quality) Regulatory Setting, the SF Bay RWQCB has issued a Municipal Regional Stormwater NPDES Permit (Permit Number CAS612008) (MRP) for the area of Santa Clara County that drains to San Francisco Bay. In an effort to standardize stormwater management requirements throughout the region, this permit includes all of the jurisdictions within the County of Santa Clara except the cities of Morgan Hill and Gilroy and southern portions of the County of Santa Clara, which drain to Monterey Bay and are within the Central Coast RWQCB and covered by a separate NPDES Stormwater permit. An Urban Runoff Management Plan, intended to reduce polluted runoff from entering local waterways, has been adopted by the SCVWD, Santa Clara County and 13 cities and towns for the areas of the County that drain to San Francisco Bay. The Santa Clara Valley Urban Runoff Pollution Prevention Program's Urban Runoff Management Plan (URMP) consists of an area -wide plan and individual agency plans describing what the jurisdictions will do, collectively and individually, to reduce urban runoff pollution in accordance with the NPDES MRP permit. In the southern portion of the project area, the Cities of Morgan Hill and Gilroy and the County of Santa Clara prepared and adopted a regional Storm Water Management Plan (SWMP) and were issued a NPDES Small MS4s General Permit by the Central Coast RWQCB. The SWMP outlines a comprehensive five year plan to establish Best Management Practices (BMPs) through six Minimum Control Measures (MCMs) to help reduce the discharge of pollutants into waterways and to protect local water quality effected by storm water and urban run -off. BMPs include Pollution Prevention/Good Housekeeping measures for residential, municipal and industrial uses to reduce trash and litter in Stormwater. Program implementation under the SWMP also includes conducting trash clean up days. " City of San Josh. "Watershed Maps ". Accessed May 1, 2013. Available at: <hltp://www.saLijoseca.gov/index.aspx?NID=l 868>. EPS Foam Food Ware Ordinance Initial Study City of San Josh 1049 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.17.1.3 Wastewater Sanitary sewer service in Santa Clara County is the responsibility of municipalities and several service districts. Sewer service consists of the transmission of municipal and industrial wastewater to a treatment facility, treatment, and then disposal of the wastewater and residual waste solids. As with water service, a number of the cities in the County operate their own local sewage collection systems and contract with one of four wastewater treatment plants to treat the effluent (refer to Table 4.17. -2). Table 4.17 -2 Sanitary Sewer Service for Jurisdictions within Santa Clara County Served by Jurisdiction Collection Treatment Campbell West Valley Sanitation District San Jose -Santa Clara Regional Wastewater Facility RWP Cupertino Cupertino Sanitary District Rancho Rinconada San Jose -Santa Clara RWP Sunnyvale Water Pollution Control Plant Gilroy Ci of Gilroy South County Regional Wastewater Authority Los Altos City of Los Altos Palo Alto Regional Water Quality Control Plant WQCP Los Altos Hills City of Los Altos (partial) Palo Alto Regional WQCP Los Gatos West Valley Sanitation District San Jose -Santa Clara RWP Milpitas City of Milpitas San Jose -Santa Clara RWP Monte Sereno West Valley Sanitation District San Jose -Santa Clara RWP Mor an Hill City of Morgan Hill South County Regional Wastewater Authority Mountain View City of Mountain View Palo Alto Regional WQCP Palo Alto City of Palo Alto Palo Alto Regional WQCP San Jose City of San Jose San Jose -Santa Clara RWP Santa Clara City of Santa Clara San Jose -Santa Clara RWP Sarato a Cu ertino Sanitary District San Jose -Santa Clara RWP Sunnyvale City of Sunnyvale Sunnyvale Water Pollution Control Plant Unincorporated Santa Clara County Various All four treatment plants and septic systems 4.17.1.4 Solid Waste Signed into law in 1989, the California Integrated Waste Management Act (AB 939) requires cities and counties to adopt and implement waste diversion programs for source reduction, recycling, and composting. Waste haulers serving the jurisdictions within Santa Clara County include West Valley Collection and Recycling, GreenWaste Recovery, Recology, Specialty Solid Waste and Recycling, Mission Trail Waste System, GreenTeam of San Jose, and Garden City Sanitation. These haulers are EPS Foam Food Ware Ordinance Initial Study City of San Jose 1050 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts responsible for providing waste processing services for the franchised waste stream in Santa Clara County, which includes landfilling, recyclables processing, composting, and management of household hazardous waste. All jurisdictions in Santa Clara County met the 50 percent waste diversion goal mandated by AB 939 in 2006, the most recent year for which the diversion rates received approval.94 In 2008, the California Integrated Waste Management Board (now the California Department of Resources Recycling and Recovery, or CalRecycle) updated the system for determining diversion goals for each city. At present, per capita landfill disposal limits are determined each year and the jurisdictions work to meet their respective goals. Fines of up to $10,000 per day may be imposed if the State decides that good faith efforts are not being made to implement the approved plan or other actions to achieve the State mandated reduction in landfill disposal of trash. AB 939 established an integrated waste management hierarchy to guide the state and local agencies in its implementation, in order of priority: (1) source reduction, (2) recycling and composting, and (3) environmentally safe transformation and land disposal. That hierarchy was later abbreviated to "reduce, reuse, recycle ", with emphasis on the overarching goal of reducing materials that are sent to disposal. Signed in 2011, AB 341 amended AB 939 to set a goal of 75 percent solid waste diversion via source reduction, recycling, and composting, by 2020.95 AB 341 also requires businesses that generate more than four cubic yards of commercial solid waste per week and multifamily residential dwellings (five units or more) to obtain recycling services. To meet this requirement, AB 341 also requires jurisdictions to implement commercial solid waste recycling programs. Waste collection is organized by land use sectors such as single - family residential, multi - family residential, commercial, and industrial. Industrial waste is not discussed in this Initial Study because it does not contain EPS foam food service products that would be affected by the ordinance. Any EPS foam used by workers at an industrial facility would be disposed in a commercial waste stream, not among the byproducts of industrial processes (i.e. industrial waste). Waste collected in Santa Clara County is processed and /or landfilled at any of the following landfills and transfer stations: Newby Island Resource Recovery Park, Guadalupe Rubbish Disposal Company, Kirby Canyon Landfill, Mission Trail Waste Management Transfer Station, San Martin Transfer Station, and the Sunnyvale Materials Recovery and Transfer (SMaRT) Station. 96 For a list of which facilities serve the participating jurisdictions, see Table 4.17 -3 in Section 4.17.2.2 Impacts to Solid Waste Disposal and Recycling. ' CalRecycle. "Countywide, Regionwide, and Statewide Jurisdiction Diversion/Disposal Progress Report." 2006. Accessed May 3, 2013. Available at: <hiip: / /www.calrecycle.ca. gov /LGCentral/Reports/ jurisdiction /diversiondisposal.aspx >. 9s California, State o£ Assembly Bill No. 341. 2011. Legislative Counsel's Digest. Available at: hilp: / /www.leginfo.ca.gov /pub /11- 12/bill/asm/ab 0301- 0350 /ab_341_ bill_ 20111006_chaptered.pdf 96 Center for the Development of Recycling. City Recycling and Garbage Services in Santa Clara County. 2013. Available at: <hltp: / /www.recyclestuff.org /Guides /CityGuide.pdf>. EPS Foam Food Ware Ordinance Initial Study City of San Josh 1051 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts Newby Island recycles clean polystyrene foam that is dropped off at the landfill. All other facilities landfill EPS foam. A waste characterization study sponsored by the City of San Jose found that in 2007, 0.7 percent of residential waste in San Jose was EPS foam and 0.8 percent was commercial waste. At the time of the study the City was trying to recycle expanded polystyrene for residential customers, so the study also found that 0.5 percent of residential recycling was EPS foam. 97 4.17.2 Environmental Checklist and Discussion of Impacts Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Checklist Source(s) Would the project: 1. Exceed wastewater treatment requirements of ❑ ❑ ❑ ® 1 the applicable Regional Water Quality Control Board? 2. Require or result in the construction of new ❑ ❑ ❑ ® 1 water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3. Require or result in the construction of new ❑ ❑ ❑ ® 1 stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4. Have sufficient water supplies available to ❑ ❑ ® ❑ 1 serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 5. Result in a determination by the wastewater ❑ ❑ ❑ ® 1 treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6. Be served by a landfill with sufficient ❑ ❑ ® ❑ 1 permitted capacity to accommodate the project's solid waste disposal needs? 7. Comply with federal, state and local statutes ❑ ❑ ❑ ® 1 and regulations related to solid waste? The proposed project is adoption and implementation of an ordinance that would restrict the use of EPS foam food ware containers. The proposed ordinance would cause a reduction in EPS foam food m Cascadia Consulting Group. "City of San Josh Waste Characterization Study." May 2008. Prepared for the City of San Jose. EPS Foam Food Ware Ordinance Initial Study City of San Jose 1052 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware and consumers are not expected to litter substitute containers at a higher rate than EPS foam. 4.17.2.1 Water Supply and Wastewater Treatment Impacts The proposed restrictions on the use of EPS foam food ware and a shift to other types of single use food ware used in Santa Clara County would not result in substantial additional water use or wastewater generation. Plastic, but not fiber, containers that could be recycled would be rinsed by residents before placing in recycling bins. Indirect Effects on Water Supply and Wastewater Treatment Related to Manufacture of Substitute Products Differential water demand and wastewater generation associated with the manufacture of substitute products are possible indirect effects of the proposed project. Substitute fiber and other plastic food ware products are currently manufactured in California, the remainder of the U.S., and internationally. Since the City of San Jose cannot predict where substitute products would be manufactured, the following discussion is provided to generally characterize the available substitute types and to summarize what is known about their water supply and wastewater treatment impacts. A 2011 study funded by the Plastic Foodservice Packaging Group found that EPS foam foodservice products use less water than comparable products made from paperboard or PLA. The authors note that the water use results of this study have a high level of uncertainty, however, due to a lack of water use data as well as an "inability to clearly differentiate between consumptive and non - consumptive uses of water." 98 Studies from the European plastics industry show that water used in the production of plastic resins (prior to product manufacturing, use, and disposal) ranges from 4.79 grams of water per kilogram of polypropylene to 4.8 kilograms of water per kilogram of PET (e.g., PET production requires about 1,000 times more water per kilogram of plastic than polypropylene). The production of one kilogram of polystyrene resin requires approximately 510 grams of water.99 See Table C -4 in Appendix C for further details on the results of these studies. Based on the results of these European life cycle inventories, the amount of water used to produce substitute plastic products can range approximately from one - hundredth of the water used to produce polystyrene to as much as ten times more. Given the lack of definitive evidence that any one of the substitute products uses more water than EPS foam and uncertainties about the type of plastic or fiber replacements, the City of San Jose 98 Franklin Associates, Ltd. "Life Cycle Inventory of Foam Polystyrene, Paper- Based, and PLA Foodservice Products." February 4, 2 -11. Prepared for the Plastic Foodservice Packaging Group. See Page ES -19/ 99 PlasticsEurope. "Environmental Product Declaritions of the European Plastics Manufacturers: PETh, 2011; PP, 2008; GPPS, 2012." Available at: <hllp: / /www.plasticseurope.or // plastics- sustainabilily /eco- profiles/browse -by- list.aspx> EPS Foam Food Ware Ordinance Initial Study City of San Jose 1053 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts cannot conclude that the proposed project would result in a significant rise in demand for water resources, locally or in other areas. While the exact locations of where substitutes selected by food vendors would be produced is not known, much of the manufacturing is likely to occur outside of Santa Clara County, since there are no large petrochemical plastics or fiber processing industries in the area. The reduction of the use of EPS foam food ware and substitution with other available single use disposal food ware products would not substantially affect local water use or supply or wastewater generation or treatment for jurisdictions within the project area. Water use for manufacturing outside of Santa Clara County would be drawn from managed water resources and could involve water recycling or other measures to minimize water consumption. Similarly, wastewater generation and discharge to treatment facilities would be permitted and regulated to comply with local treatment capacity in other jurisdictions. Therefore, implementation of the project is not anticipated to result in substantial indirect water supply and wastewater treatment impacts. (Less Than Significant Impact) 4.17.2.2 Impacts to Stormwater Drainage Systems As discussed in Section 4.9.1.4 Water Quality, litter in local communities can be transported into stormwater drainage systems. Litter (or trash), including single -use food ware, is transported to stormwater drainage systems and creeks through three primary pathways: 1) curbs /gutters, storm drain lines and open channels that are part of storm water collection systems in urban areas; 2) wind; and 3) illegal dumping into water bodies. loo Trash that reaches stormwater inlets can be a result of littering by individuals along roadways (motorists or pedestrians), wind photo 8: Trash conveyed in stormwater and dumping in Coyote Creek. blowing unsecured trash from waste containers or vehicle loads, and from vehicles themselves (e.g., tires and vehicle debris), among other sources. ioi The largest amounts of trash and debris are pushed into and through the storm drainage system at the end of the dry season, with the first heavy rain. Litter can form large accumulations in stormwater systems and urban creeks, which can impact water quality and potentially hinder flood control protection (Photo 8). As noted above, the proposed '00 SCVURPP. 2013. Urban Runoff Trash Management Reducing Impacts in Santa Clara Valley Creeks and San Francisco Bay. February 2013. 'o' Schultz, P. Wesley, et al. 2011. Littering in Context: Personal and Environmental Predictors ofLittering Behavior. Environment and Behavior 2013 45:35. EPS Foam Food Ware Ordinance Initial Study City of San Jose 1154 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts ordinance would cause a reduction in EPS foam food ware use and is anticipated to result in an increase in the use of plastic and fiber -based substitute materials. The ordinance is not expected to cause a decline in overall consumption of disposable food service ware or change littering rates and the volume of litter on streets (e.g., cups and clamshells) would be similar to existing conditions. Substitute single -use food ware products are anticipated to be a mix of plastic (e.g., crystalline PS, PP, PLA) and fiber products. Substitutes for ice chests would be encapsulated EPS foam products or reusable coolers made of non - foamed plastics, such as PP. PS foam food ware makes up about eight percent of litter reaching local waterways by volume. Therefore, the characteristics of substitute plastic and fiber products would have a low to moderate effect on required maintenance and clogging of storm drains. As discussed in Section 4.9.2, there are several characteristics of substitute products that could influence how much of the substitute products reach storm drains and whether they persist to clog storm drain systems at a greater rate. Transport to Stormwater Inlets. Substitute plastic and fiber products do not break apart as easily as EPS foam food ware. Although lighter than similar paper products, substitute plastic products are not as likely as EPS foam to be transported by wind off haul truck loads and along streets if deposited as litter. Because the substitute products do not crumble as readily as EPS foam and are not as likely to become airborne, they may be removed by street sweeping or maintenance activities before entering the storm water collection system or by screens or trash racks (refer to Photo 8). The substitute products, therefore, are not more likely to reach waterways if inappropriately disposed of. Persistence within the Stormwater System. [As discussed in Section 4.9.1, by count and volume, EPS foam food ware in the project area makes up about eight percent of litter by volume in stormwater systems, and by count in street litter surveys often less than two to three percent. While paper cups are usually several times the weight of EPS foam cups, given the proportion of EPS foam food ware in litter, there would not be a substantial change in the count, volume or mass of litter that could impact stormwater drainage systems. Replacing this material with substitute products (that are currently also found in litter) would reduce the amount of EPS foam in litter; however it would not result in a substantial change in the number, volume, or weight of litter items or trash in stormwater systems and would not interfere with implementation of regional plans or programs, such as the Basin Plan or NPDES municipal stormwater permits designed to protect beneficial uses and improve water quality. (Less Than Significant Impact) 4.17.2.3 Impacts to Solid Waste Disposal and Recycling The proposed ordinance would result in a shift in the composition of food service ware waste. EPS foam products would be substituted for products made from materials including: petroleum -based plastic, plant -based plastic, paperboard, molded pulp, and plant fibers. See the introductory language in Section 4.0 Substitute Products as well as Appendix D for further information on the available substitutes. Whereas all EPS foam food ware products are landfilled, substitute products have a wide variety of waste disposal routes that they can follow based on the composition of the material and the waste EPS Foam Food Ware Ordinance Initial Study City of San Jose 1155 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts hauler. These routes are summarized in Figures 4.17 -1 through 4.17 -6, below. A detailed table with the information represented in these figures can be found in Appendix D. Figures 4.17 -1 through 4.17 -6 show that while most jurisdictions recycle non -foam plastics, a smaller portion divert fiber -based materials to recycling or compost facilities, and those that compost bioplastics such as PLA generally only do so for certain sectors. The proposed project will reduce the quantity of EPS foam products disposed in landfills and will increase the proportion of substitute products that are recycled or composted. This is consistent with the main goals of AB 939 and AB 341, to reduce the sources of landfill trash and increase diversion via recycling, composting, and source reduction. Determining how the weight and volume of waste will change, not the quantity, is fundamental to evaluating the solid waste impacts of the proposed project. Waste and recycling facilities do not have unlimited capacity and they have permits that limit the amount of material they can accept daily. A potential environmental impact would arise if the proposed project caused one or more facilities to expand their operations. The capacity of solid waste facilities is not as affected by product volume as it is by product weight since not only are facilities permitted based on the weight of the solid waste they accept, but also because many facilities compact the waste before it is landfilled. Furthermore, according to a 2011 study funded by the Plastic Foodservice Packaging Group, the volume of solid waste for EPS foam products is in some cases greater and in others less than the volume of solid waste for substitute products. 102 This study revealed that depending on the product type (e.g. 16 -ounce cup or 9 -inch plate), PLA or paperboard substitutes could result in a higher or lower volume of solid waste than EPS foam. That is, paperboard products were not consistently more or less voluminous than EPS foam, and neither were the other substitutes considered. Though the City of San Jose expects that approximately 85 percent of substitutes would be compostable or recyclable plastic and 15 percent would be fiber- based, disposable food ware already makes up such a small percentage of the waste stream that minor changes in the volume of food ware waste would not cause existing waste disposal facilities to expand or to approach their capacities. Based on measurements of various EPS foam products and their substitutes, as well as the product weights considered in many of the LCAs summarized in Appendix C, substitute products weigh between two and five times as much as their EPS foam counterparts. 103 In general, lined paperboard and solid PLA products tend to be the heaviest substitute disposable food ware products. The City of San Jose conservatively estimates annual EPS foam use at four pounds per service population or about six pounds per capita (see Section 4 Baseline EPS foam Food Ware Use and Appendix B for further detail on this estimate). With a service population of 2,487,113 (excluding Palo Alto and Unincorporated Santa Clara County because they have already prohibited EPS foam food ware), the annual consumption of EPS foam food ware in the project area is approximately 5,000 tons. 102 Franklin Associates. "Life Cycle Inventory and Foam Polystyrene, Paper- Based, and PLA Foodservice Products." February 4, 2011. See Figures ES -9, -10, -11, -12. '0s Product weight data from the following LCAs was used to contribute to the weight ratio estimate: Kuczenski et al., 2012. And; Franklin Associates, 2011. Additional measurements taken by David J. Powers & Associates, Inc. showed a maximum weight ratio of 5:1 for substitute products to EPS foam products. EPS Foam Food Ware Ordinance Initial Study City of San Josh 11,56 July 2013 W O . 30- •►O 18 E ,a l r"^ I� i POLYSTYRENE FOAM DISPOSAL PATH (ALL SECTORS) FIGURE 4.17 -1 — Unincorporated County Waste Hauler Districts . Landfill O Los Gatos 12 Santa Clara _ Other and or © Milpitas 13 Saratoga No Waste Collection Service 7O Monte Sereno 14 Sunnyvale , , O Campbell g O Morgan Hill Unincorporated Santa Clara County ., 2O Cupertino O Mountain View 15 © District 3, B & C District 3A r. �.R,�`• n O 3 ® Gilroy Los Altos /Los Altos Hills 10 O 11 Palo Alto San Jose 17 18 Distinct 2 Distinct 1, 4, 5 A, B, & C } t' l r"^ I� i POLYSTYRENE FOAM DISPOSAL PATH (ALL SECTORS) FIGURE 4.17 -1 358 �I 0 Q 11 � p 7 TAr" � ..... . . . . . . . . . 15 18 16 10 Palo Alto a Landfill 1�Campbell Recycle 2� Cupertino 11 San Jose . SF Res: Compost Gilroy 12 Santa Clara MF Res: Landfill ® Los Altos /Los Altos Hills 13 Saratoga Compost O Los Gatos 14 Sunnyvale SF Res: Landfill © Milpitas Unincorporated Santa Clara County MF Res: Compost 7O Monte Sereno 15 District 3, B & C Recycle or Compost Morgan Hill 16 District 3A Other Land or gO Mountain View 17 District 2 No Waste Collection Service a 18 District 1, 4, 5 A, B, & C + � 0 Q 11 � p 7 TAr" � ..... . . . . . . . . . 15 18 16 P 18 r ,�t4� 4 t ,r a `!l . � � yy+y.r • -. FIBER (PAPER, BAGASSE) DISPOSAL PATH (SINGLE FAMILY/ MULTIFAMILY RESIDENTIAL) FIGURE 4.17 -2 10 Palo Alto a Landfill 1�Campbell Recycle 2� Cupertino 11 San Jose . SF Res: Compost Gilroy 12 Santa Clara MF Res: Landfill ® Los Altos /Los Altos Hills 13 Saratoga Compost O Los Gatos 14 Sunnyvale SF Res: Landfill © Milpitas Unincorporated Santa Clara County MF Res: Compost 7O Monte Sereno 15 District 3, B & C Recycle or Compost Morgan Hill 16 District 3A Other Land or gO Mountain View 17 District 2 No Waste Collection Service 18 District 1, 4, 5 A, B, & C — Unincorporated County Waste Hauler Districts P 18 r ,�t4� 4 t ,r a `!l . � � yy+y.r • -. FIBER (PAPER, BAGASSE) DISPOSAL PATH (SINGLE FAMILY/ MULTIFAMILY RESIDENTIAL) FIGURE 4.17 -2 360 362 f Sys. 5 w � 18 %r-� RIGID PLASTIC (PET, PP, PS) DISPOSAL PATH (ALL SECTORS) FIGURE 4.17 -4 Rec cle Y 4 Los Altos/ Los Altos Hills 12 Santa Clara Other Land or Los Gatos 13 Saratoga No Waste Collection Service © Milpitas 14 Sunnyvale* — Unincorporated County Q) Monte Sereno Unincorporated Santa Clara County Waste Hauler Districts ® Morgan Hill 15 District 3, B & C Campbell 9O Mountain View 16 District 3A 2O Cupertino 10 Palo Alto 17 District 2 3� Gilroy 11 San Jose 18 District 1, 4, 5 A, B, & C The City of Sunnyvale recycles plastic disposable food ware, when /if markets exist, and other rigid plastics #147. MENEIr- 18 %r-� RIGID PLASTIC (PET, PP, PS) DISPOSAL PATH (ALL SECTORS) FIGURE 4.17 -4 364 366 t~ w -�` 6 � r 0 Q 11 ell 18 M r Landfill Los Gatos 14 Sunnyvale p OF Compost © Milpitas Unincorporated Santa Clara County Commercial: Landfill 7O Monte Sereno 15 District 3, B & C ° Special Events: Compost ® Morgan Hill 16 District 3A Other Land or gO Mountain View 17 District 2 09 No Waste Collection Service r. O1 10 Palo Alto 18 District 1, 4, 5 A, B, & C p 11 San Jose.' 2�Cupertino -- Unincorporated County Waste Campbell s. •.�� 3 Gilro 12 Santa Clara Hauler Districts O y 13 Saratoga ' Offering Composting beginning° Los Altos /Los Altos Hills July 1, 2013. COMPOSTABLE PLASTIC (PLA) DISPOSAL PATH (COMMERCIAL, SPECIAL EVENTS) FIGURE 4.17 -6 15 _ 18 16 ell 18 M r Landfill Los Gatos 14 Sunnyvale p OF Compost © Milpitas Unincorporated Santa Clara County Commercial: Landfill 7O Monte Sereno 15 District 3, B & C ° Special Events: Compost ® Morgan Hill 16 District 3A Other Land or gO Mountain View 17 District 2 09 No Waste Collection Service r. O1 10 Palo Alto 18 District 1, 4, 5 A, B, & C p 11 San Jose.' 2�Cupertino -- Unincorporated County Waste Campbell s. •.�� 3 Gilro 12 Santa Clara Hauler Districts O y 13 Saratoga ' Offering Composting beginning° Los Altos /Los Altos Hills July 1, 2013. COMPOSTABLE PLASTIC (PLA) DISPOSAL PATH (COMMERCIAL, SPECIAL EVENTS) FIGURE 4.17 -6 OR Section 4.0 -Environmental Setting, Checklist, and Discussion of Impacts Table 4.17 -3 Capacity of Waste Disposal and Diversion Facilities in Santa Clara County Throughput Capacity Range Available Jurisdictions Facility Range (Tons/Year) Capacity Served Tons/Year Tons/Year Landfills Guadalupe Recycling and 375000 - 499999 1,000,000- 625,000- San Josh Disposal Facility ,, 1,499,999 1,000,000 /Countywide Sunnyvale, Kirby Canyon Recycling 500,000 - 749,999 750,000 - 999,999 250,000 Mountain and Disposal Facility View, Palo Alto Newby Island Sanitary 500,000 - 749,999 1,000,000- 500,000- Milpitas, San Landfill 1,499,999 750,000 Josh Zanker Material Processing 5,000 - 24,999 100,000 - 199,999 95,000 - 175,000 Various Facility Reeve *n Facilities California Paperboard Corp 50,000 - 99,999 50,000 - 99,999 NA Various Graphic Packaging 100,000 - 249,999 100,000 - 199,999 NA Various International Inc. California Waste Solutions 50,000 - 99,999 100,000 - 199,999 50,000 - 100,000 Various Golden State Fibers 10,000 - 19,999 20,000 - 39,999 10,000 - 20,000 Various Green Team Materials 100,000 - 149,999 200,000 - 299,999 100,000- Los Altos Hills Recovery 150,000 Lassen Solid Waste 50,000 - 99,999 100,000 - 199,999 50,000 - 100,000 Various Disposal Unincorporated Norcal MRF 10,000 - 24,999 20,000 - 49,999 10,000 - 25,000 Santa Clara County Recycled Fibers -Newark 20,000 - 49,999 40,000 - 99,999 20,000 - 50,000 San Josh and Group San Josh Plant others Smurfit -Stone Recycling 50,000 - 99,999 100,000 - 199,999 50,000 - 100,000 Various Sunnyvale Materials Mountain Recovery and Transfer 500,000 - 999,999 500,000 - 999,999 about 300,000' View, Sunnyvale, (SMaRT) Palo Alto Zanker Material Processing 150,000 - 249,999 300,000 - 499,999 150,000 - Various Facility 250,000 Compost Facilities South Valley Organic 40,000 - 80,000 50,000 - 100,000 10,000 - 20,000 TBD Composting Facility Z -Best Composting Facility 240,000+ 300,000 60,000 Los Altos Hills and others Source: CalRecycle. "Facility Information Toolbox: Facility List." 2013. Available at: hII12://www.calrecycle.ca.gov/FacIT/Facilily/Search.aspx ' The SMaRT Station has a permitted capacity of 1,500 tons per day. In a recent Local Enforcement Agency (LEA) inspection report for the facility, the peak tonnage day was 1,052 tons (April 1, 2013), indicating an excess weekday capacity of 448 tons per day. City of Sunnyvale staff estimates a theoretical excess capacity of 316,580 tons per year, assuming seven day per week operation based upon the peak tonnage day in April 2013. EPS Foam Food Ware Ordinance Initial Study City of San Josh 1269 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts In the maximum impact scenario, all substitute products are assumed to be disposed of in a single waste disposal route (e.g. all substitutes are landfilled or all substitutes are recycled). Though unrealistic given the County's demonstrated compliance with California's 50 percent waste diversion requirement, use of the maximum impact scenario will demonstrate the effects of the project on the capacities of existing waste disposal facilities. If every substitute product weighed five times more than the EPS foam products they replaced, the maximum weight ratio found in preparation of this Initial Study (see Appendix C and Footnote 103 on Page 112), then the total weight of the substitute products disposed annually would not exceed 25,000 tons. Based on available capacities listed in Table 4.17 -1, even if all of these products were landfilled, composted, or recycled, the facilities in Santa Clara County have enough capacity for the maximum impact scenario. In the maximum impact scenario, in which 25,000 tons of substitute material are all disposed via a single waste disposal path, the facilities in Santa Clara County would have adequate capacity and would not require expansion. The potential increased weight of disposed products would not necessarily cause California Paperboard Corporation and Graphic Packaging International Inc. facilities, which according to CalRecycle have a throughput range that matches their capacity range, to expand. Both of these facilities purchase recycled paper as a feedstock to manufacture products, so they are not collectors dedicated to providing solid waste service to the participating jurisdictions. If they are at capacity at the time of waste collection, materials can be sold to other such manufacturers or sent to other recycling facilities with available capacity. Realistically, a portion of the substitute materials would be recycled, some would be composted, and the rest landfilled. Furthermore the estimation of annual EPS foam consumption (four pounds per service population) is made based on the high end of the available data, and the maximum weight ratio of the substitute products was used to calculate the weight of substitute product waste. This means that the 25,000 tons per year estimation represents the highest conceivable weight of disposed food service ware that would replace EPS foam products. Therefore based on the conservative estimate and the available capacity of the existing facilities in the County, the proposed project's impacts to solid waste services and waste diversion services would be less than significant. 4.17.3 Conclusion The proposed ordinance would not result in significant utilities and service systems impacts. (Less Than Significant Impact) EPS Foam Food Ware Ordinance Initial Study City of San Jose 170 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts 4.18 MANDATORY FINDINGS OF SIGNIFICANCE Less Than Potentially Significant Less Than Checklist Significant With Significant No Impact Source(s) Impact Mitigation Impact Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 2. Does the project have impacts that are ❑ individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 3. Does the project have the potential to achieve ❑ short-term environmental goals to the disadvantage of long -term environmental goals? 4. Does the project have environmental effects ❑ which will cause substantial adverse effects on human beings, either directly or indirectly? 4.18.1 Proiect Impacts El H El H El H X 1 -14 1 -14 ❑ 1 -14 ❑ 1 -14 As described in the specific sections of this report (refer to Section 4.0 Environmental Setting, Checklist, and Discussion of Impacts, Sections 4.1- 4.17), on pages 10 -113 of this Initial Study, the proposed project would not result in significant environmental impacts. The project would have no impacts in the areas of cultural resources, geology and soils, land use, minerals, population and housing, and public services. The project would have less than significant impacts in the areas of aesthetics, biological resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, recreation, transportation, and utilities and service systems. Compared to current baseline conditions of EPS foam food ware use and disposal in the project area, the project (i.e., ban of EPS foam food ware and shift to food ware made from substitute materials) would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or EPS Foam Food Ware Ordinance Initial Study City of San Jose 9 71 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts animal or eliminate important examples of the major periods of California history or prehistory. (Less Than Significant Impacts) 4.18.2 Short -term Environmental Goals vs. Lonii-term Environmental Goals The proposed project would not frustrate or conflict with long -term environmental goals in that the shift to substitute food ware materials would substantially reduce the amount of EPS foam food ware occurring in the environment as litter and disposed in landfills. EPS foam food ware persists for decades in the environment as litter and is not readily recyclable and must be disposed in landfills (where it persists indefinitely), and therefore it is in conflict with long -term environmental goals of protecting water quality and maintaining landfill capacity through increased waste diversion. Most substitute materials will be recyclable and /or compostable in support of long -term environmental goals of converting solid waste to resources. (Less Than Significant Impacts) 4.18.3 Cumulative Impacts The analysis presented in this Initial Study evaluates adoption of an ordinance banning use of EPS foam food ware in all participating jurisdictions in Santa Clara County, including additional restrictions on retail sales and EPS foam ice chests in Palo Alto and unincorporated Santa Clara County (both jurisdictions already have bans on food vendor use of EPS foam food ware). Therefore, the analysis has accounted for the combined (cumulative) effects assuming participation by all jurisdictions in the county. Further, in completing the analysis for the project, the environmental analysis completed by numerous other jurisdictions was reviewed to determine whether a EPS foam food ware ban would lead to significant environmental effects in those jurisdictions. See Figure 2.3 -3 depicting jurisdictions in the region that have adopted EPS foam food ware bans, including Marin, San Francisco, San Mateo, Santa Cruz, and Monterey counties. None of the jurisdictions with existing bans have found the restrictions on EPS foam food ware and shift to substitute food ware products would lead to significant environmental impacts, whether individually or in combination with past, present, or reasonably foreseeable future projects. The analysis in this Initial Study also supports the conclusion the project would cause no significant environmental impacts, whether individually, or in combination with the existing and proposed bans of other jurisdictions. (Less Than Significant Cumulative Impacts) 4.18.4 Direct or Indirect Adverse Effects on Human Beings As discussed previously in this Initial Study (Sections 4.3 Air Quality, 4.8 Hazards and Hazardous Materials, 4.9 Hydrology and Water Quality, and 4.12 Noise), the shift to food ware containers made from substitute materials will not adversely affect humans by emitting air pollutants, releasing toxic or hazardous materials, impairing drinking water supplies, and generating substantial noise. Compared to current baseline conditions involving manufacture, transport, use, and disposal of EPS foam food ware, the proposed project would not directly or indirectly cause significant effects on human beings. (Less Than Significant Impacts) EPS Foam Food Ware Ordinance Initial Study City of San Jose 1272 July 2013 Section 4.0 —Environmental Setting, Checklist, and Discussion of Impacts CHECKLIST INFORMATION SOURCES 1. Professional judgment and expertise of the environmental specialist preparing this assessment, based upon a review of the project area and surrounding conditions, as well as a review of the draft model ordinance. 2. General Plans. a. City of San Jose. Envision San Jose 2040 General Plan b. County of Santa Clara. General Plan c. South County Joint Area Plan 3. Municipal and County Codes for jurisdictions within Santa Clara County. 4. California Department of Conservation. Santa Clara County Important Farmland 2010. Map. 5. Bay Area Air Quality Management District. Bay Area 2010 Clean Air Plan. September 15, 2010. 6. Bay Area Air Quality Management District. California Environmental Quality Act Air Quality Guidelines. May 2011 and May 2012. 7. Final Santa Clara Valley Habitat Conservation Plan. August 2012. 8. State of California, Alquist -Priolo Earthquake Fault Zones, and County of Santa Clara Landslide & Fault Zone Maps. 9. USDA, SCS. Soils of Santa Clara County. 10. Climate Action Plans /GHG Reduction Strategies (see Table 4.7 -1) 11. U.S. EPA Toxics Release Inventory and Industry Profiles. 12. California Ocean Science Trust. Plastic Debris in the California Marine Ecosystem. September 2011. 13. City of San Jose and SCVURPPP Litter Studies (2008- 2013). 14. SCVWD. Urban Water Management Plan. 2010. EPS Foam Food Ware Ordinance Initial Study City of San Josh 1273 July 2013 374 Section 5.0 — References SECTION 5.0 REFERENCES Algalita Marine Research Foundation. Pelagic Plastic. April 9, 2007. American Chemistry Council. Fast Facts. 2013. Accessed April 17, 2013. Available at: http://plasticfoodservicefacts.com/main/Fast-Facts.aspx American Chemistry Council. The Resin Review: 2012 Edition. 2012. American Polymer Standards Corporation. Material Safety Data Sheet: Polylactic Acid." August 22, 2011. Association of Bay Area Governments. Building Momentum: Projections and Priorities 2009. 2009. 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Available at: http://pubs.acs.org/doi/abs/10. 1021/es 101640n Environmental Science EPS Foam Food Ware Ordinance Initial Study City of San Josh '181 July 2013 Section 5.0 — References Takada, H., Mato, Y., Endo, S., Yamashita, R., Zakaria, M.P. Pellet Watch: Global Monitoring of Persistent Organic Pollutants (POPS) Using Beached Plastic Resin Pellets. N.d. Available at: http: / /www.pelletwatch.org /documents /takadaproceeding.pdf United States Census Bureau. 2012 NAICS Definitions. 2012. Accessed April 19, 2013. Available at: http: / /www. census. gov /cgi- bin /sssd/naics /naicsrch ?chart =2012 - American Fact Finder: 2009 Business Patterns. June 30, 2011. Accessed March 26, 2013. Available at: hgp:Hfactfinder2.census.gov /faces /nav /jsf /pages /index.xhtml - -. American Fact Finder: 2010 Business Patterns. June 26, 2012. Accessed March 26, 2013. Available at: hLtp:Hfactfinder2.census.gov /faces /nav /jsf /pages /index.xhtml - -. American Fact Finder: 2010 Demographic Profile Data. 2010. Accessed April 23, 2013. Available at: hgp:Hfactfinder2.census.gov /faces /nav /jsf /pages /index.xhtml - -. California: 2000. Census 2000 Profile. August 2002. Available at: https://www.census.gov/census2000/states/ca.html - -. Industry Statistics Sampler: NAICS 32614 Polystyrene foam product manufacturing. May 3, 2011. Accessed March 26, 2013. Available at: http://www.census.gov/econ/indusla/geo/g32614.htm - -. State & County QuickFacts: Santa Clara County, California. March 11, 2013. Accessed April 25, 2013. Available at: http:Hguickfacts.census.gov /gfd /states /06/06085.httnl United States Environmental Protection Agency (USEPA). Benzene. January 2012. Accessed April 23, 2013. Available at: http: / /www.epa .gov /ttnatwOl/hlthef/benzene.httnl - -. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990 -2011. April 12, 2013. Available at: http: / /www.epa.gov /climatechange /emissions /usinventoryreport.html - -. Marine Debris in the North Pacific. November, 2011. Available at: http: / /www.epa. og v /region9/ marine - debris/ pdf /MarineDebris- NPacFinalAprvd.pdf - -. Municipal Solid Waste Generation, Recycling and Disposal in the United States: Facts and Figures for 2010. 2010. Available at: http: / /www.epa. gov /osw /nonhaz/municipal /pubs /msw_2010 rev_factsheet.pdf - -. NPDES Industrial and Commercial Facilities. 2012. Accessed April 30, 2013. Available at: hLtp:Hcfl2ub.epa.gov/npdes/home.cfm?program id=14 - -. Plastics. November 19, 2012. Accessed May 3, 2013. Available at: hLtp://www.epa.gov/osw/conserve/materials/Xlastics.htfn#how EPS Foam Food Ware Ordinance Initial Study City of San Josh 1382 July 2013 Section 5.0 — References - -. Profile of the Pulp and Paper Industry: 2nd Edition. November, 2002. Accessed May 3, 2013. Available at: http: / /www. epa. gov /compliance/ resources /publications/ assistance /sectors /notebooks /pulppas n.pdf - -. Solid Waste Management and Greenhouse Gases: A Life -Cycle Assessment of Emissions and Sinks. September 2006. Available at: http: / /www. epa. gov /climatechange /Mcd/waste /downlo ads /fullreport.pdf United States Department of Human Health Services. Styrene. 2011. Report on Carcinogens, Twelfth Edition. Accessed May 3, 2013. Available at: http: / /ntp.niehs.nih. og v /ntp /roc /twelfth /profiles /Slyrene.pdf United States Food and Drug Administration (FDA). Bisphenol A (BPA): Use in Food Contact Application. March, 2013. Accessed May 3, 2013. Available at: hLtp://www.fda.gov/NewsEvents/PublicHealthFocus/ucm064437.htm - -. Recycled Plastics in Food Packaging. 2013. Accessed May 3, 2013. Available at: http: / /www.fda.gov/ Food /IngredientsPackagingLabelin /Pg ackagingFCS /RecycledPlastics /uc mO93435 htm - -. Regulatory Report: Assessing the Safety of Food Contact Substances. 2013. Accessed May 2, 2013. Available at: http: / /www.fda.gov/ Food /IngredientsPackagingLabelin /Pg ackagingFCS /ucmO64166.htm WorldCentric. Energy Savings. 2013. Accessed April 1, 2013. Available at: hqp://worldcentric.org/sustainabilily/energy-savings Zabaniotou, A., & Kassidi, E. Life cycle assessment applied to egg packaging made from polystyrene and recycled paper. October 25, 2002. Journal of Cleaner Production 11 (5) (2003) 549 -559. EPS Foam Food Ware Ordinance Initial Study City of San Josh 1383 July 2013 :A Section 6.0— Authors and Consultants SECTION 6.0 AUTHORS AND CONSULTANTS Authors: City of San Jose Department of Environmental Services Kerrie Romanow, Director of Environmental Services Paul Ledesma, Supervising Environmental Services Specialist Ella Samonsky, Associate Environmental Services Specialist Department of Planning, Building and Code Enforcement Joseph Horwedel, Director of Planning, Building and Code Enforcement John Davidson, Senior Planner Consultants: David J. Powers & Associates, Inc. Environmental Consultants and Planners Nora Monette, Principal Project Manager Akoni Danielsen, Principal Project Manager Matthew Gilliland, Assistant Project Manager Zachary Dill, Graphic Artist EPS Foam Food Ware Ordinance Initial Study City of San Jose 1385 July 2013 W. Appendix A A -1: City of San Jose Draft Ordinance A -2: City of Sunnyvale Draft Ordinance 387 MI.] RD:SSW:SSW 1/15/2013 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING CHAPTER 9.10 OF TITLE 9 OF THE SAN JOSE MUNICIPAL CODE TO ADD A NEW PART 17 TO PROHIBIT THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE BY FOOD VENDORS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE: SECTION 1. Chapter 9.10 of Title 9 of the San Jose Municipal Code is hereby amended by adding a new Part to be numbered and entitled and to read as follows: Part 17 Polystyrene Foam Disposable Food Service Ware 9.10.3200 Definitions. The definitions set forth in this Section shall govern the application and interpretation of this Part 17. A. "Director" means the director of the environmental services department or his or her designee. B. "Disposable food service ware" means single -use disposable products used in the restaurant and food service industry for serving or transporting prepared foods and includes, but is not limited to, plates, cups, bowls, trays, and hinged or lidded containers, also known as clamshells. Disposable food service ware does not include straws, utensils or drink lids. C. "Food vendor" means any establishment located in the City of San Jose that sells or otherwise provides prepared food for consumption on or off its premises, and includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee T- 251461937991 1 Council Agenda: Item No.: DRAFT -- Contact the Office of the City Clerk at (408)535 -1260 or CityClerk @sanjoseca.gov for final document. :• RD:SSW:SSW 1/15/2013 shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand. D. "Large food vendor" means a food vendor that is part of a chain or franchise of food vendors that have the same name, are substantially identical, and operate in more than one state. E. "Polystyrene foam" means the thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques, including but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion -blow molding (extruded foam polystyrene). The term "polystyrene foam" also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene). Polystyrene foam does not include clear or solid polystyrene known as oriented polystyrene that has not been expanded or blown using a gaseous blowing agent. F. "Prepackaged food" means properly labeled processed food sold or otherwise provided by a food vendor that arrives at the premises of the food vendor in a container or wrapper in which the food is wholly encased, enclosed, contained or packaged and is not removed from such container or wrapper (other than an outer container or wrapper that encases, encloses, contains or packages multiple units of the food) before its sale or provision at the premises. G. "Prepared food" means food or beverages that are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared. Prepared food does not include uncooked eggs, fish, meat or poultry unless provided for consumption without further food preparation. H. "Small food vendor" means a food vendor that is not a large food vendor. 9.10.3210 Polystyrene Foam Disposable Food Service Ware Prohibited. A. By January 1, 2014, no large food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food ware service. T- 25146 \937991 2 Council Agenda: Item No.: DRAFT -- Contact the Office of the City Clerk at (408)535 -1260 or CityClerk @sanjoseca.gov for final document. 390 RD:SSW:SSW 1/15/2013 B. By January 1, 2015, no small food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food ware service. C. The prohibitions in paragraphs A and B do not apply to prepackaged food. 9.10.3220 Exemptions A. Undue hardship. The director may exempt a food vendor from the prohibitions in Section 9.10.3210 on a case -by -case basis for undue hardship. For purposes of this Section, "undue hardship" means (1) situations unique to the food vendor where a suitable alternative to polystyrene foam disposable food service ware does not exist for a specific application; and /or (2) situations where no reasonably feasible available alternative exists to a specific and necessary polystyrene foam product prohibited by this part. B. Financial hardship. The director may exempt a food vendor from the prohibitions in Section 9.10.3210 on a case -by -case basis for financial hardship. For purposes of this Section, "financial hardship" means a food vendor has been granted a financial hardship exemption from the payment of business license taxes from the director of finance pursuant to Section 4.76.345 of this code for the calendar year in which the vendor applies for an exemption from the provisions in Section 9.10.3210. C. Exemption request. 1. A food vendor seeking an exemption for undue hardship or financial hardship shall submit a written exemption request to the director. The written exemption request shall include all information and documentation necessary for the director to make a finding that imposition of this part would cause an undue hardship or financial hardship as defined in this Section. For purposes of documenting a financial hardship, a food vendor must provide evidence that it has been granted a financial hardship exemption from the city's director of finance pursuant to Section 4.76.345 of this code. T- 25146 \937991 3 Council Agenda: Item No.: DRAFT -- Contact the Office of the City Clerk at (408)535 -1260 or CityClerk @sanjoseca.gov for final document. 391 RD:SSW:SSW 1/15/2013 2. The director may require the applicant to provide additional information in order to make a determination regarding the exemption request. 3. The director may grant an exemption request in whole or in part, with or without conditions, for a period of up to one year upon a finding that a food vendor seeking the exemption has demonstrated that strict application of the prohibitions in Section 9.10.3210 would cause undue hardship or financial hardship as defined in this Section. 4. If a food vendor who has been granted an exemption wishes to have the exemption extended, the vendor must re -apply for the exemption thirty (30) days prior to the expiration of the exemption and demonstrate continued undue hardship or financial hardship. Extensions may be granted for a period not to exceed one year. 5. Exemption decisions are effective immediately and are final and not subject to appeal. SECTION 2. This ordinance shall be effective on January 1, 2014. T- 25146\ 937991 4 Council Agenda: Item No.: DRAFT -- Contact the Office of the City Clerk at (408)535 -1260 or CityClerk @sanjoseca.gov for final document. 392 RD:SSW:SSW 1/15/2013 PASSED FOR PUBLICATION of title this day of , 2013, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: CHUCK REED Mayor ATTEST: TONI J. TABER, CIVIC Acting City Clerk T- 25146\ 937991 5 Council Agenda: Item No.: DRAFT -- Contact the Office of the City Clerk at (408)535 -1260 or CityClerk @sanjoseca.gov for final document. 393 Chapter 5.39 ENVIRONMENTALLY ACCEPTABLE FOOD CONTAINERS AND SERVICE WARE Sections: 5.39.010 Definitions 5.39.020 Polystyrene foam food containers and service ware prohibited 5.39.030 Exemptions 5.39.040 Violations 5.39.010. Definitions. Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below: (a) "Customer" means a person obtaining prepared food from a food provider. (b) "Food container" means a container that is used, or is intended to be used, to hold prepared food. "Food container" includes, but is not limited to, a cup, bowl, plate, tray, carton, or clamshell container that is intended for single use. (c) "Food provider" means any vendor, business, organization, entity, group or individual located in the city of Sunnyvale that offers food or beverages to the public for consumption on or off premises, regardless of whether there is a charge for the food. "Food provider" includes, but is not limited to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, sales outlets, grocery stores, delicatessens, itinerant restaurants, pushcarts, and vehicular food vendors. (d) "Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks, spoons, knives, napkins, trays, and other items primarily designed for use in consuming food. (e) "Polystyrene foam" means a container made of blown polystyrene, and expanded and extruded foams (sometimes called StyrofoamTM) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead polystyrene), injection molding, foam 394 molding, and extrusion -blown molding (extruded foam polystyrene), which is used, or is intended to be used, to hold prepared food. (f) "Prepared food" means any food, including beverages, that is served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption, including but not limited to ready -to -eat and takeout food. (g) "Vendor" means any store or business which sells or offers goods or merchandise, located or operating within the City of Sunnyvale. 5.39.020 Polystyrene foam containers and service ware prohibited. (a) On or after , 2013, a food provider shall not dispense prepared food to a customer in a polystyrene foam food container. (b) On or after , 2014, polystyrene foam food containers and polystyrene foam food service ware shall not be sold or provided by any vendor in the City of Sunnyvale. 5.39.030. Exemptions. The following are exempt from the provisions of this Chapter: (a) Raw eggs and raw, butchered meat, fish, or poultry that is sold from a butcher case or a similar retail appliance. (b) A food provider may dispense prepared food to a customer using polystyrene foam containers if that food provider demonstrates, in writing, to the satisfaction of the director of environmental services that compliance with the provisions of this Chapter will impose a unique problem, not generally applicable to other persons in similar circumstances, that will result in an undue economic hardship. The director of environmental services shall put the decision to grant or deny an exemption in writing and may exempt the food vendor pursuant to this subdivision until , 2014, or not more than one year from the date of the demonstration, whichever date is sooner. The Director's decision shall be final. 5.39.040. Violations. (a) The director of environmental services has primary responsibility for enforcement of this chapter. The director of environmental services is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, 395 but not limited to, investigating violations, issuing fines and entering the premises of any store during business hours. (b) If the director of environmental services determines that a violation of this chapter has occurred, he or she will issue a written warning notice to the operator of the vendor or food provider that a violation has occurred and the potential penalties that will apply for future violations. (c) Any vendor or food provider that violates or fails to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation shall be guilty of an infraction. (d) If a vendor or food provider has subsequent violations of this chapter that are similar in kind to the violation addressed in a written warning notice, the following penalties will be imposed and shall be payable by the operator: (1) A fine not exceeding one hundred dollars for the first violation after the written warning notice is given; (2) A fine not exceeding two hundred dollars for the second violation after the written warning notice is given; or (3) A fine not exceeding five hundred dollars for the third and any subsequent violations after the written warning notice is given. (e) A fine shall be imposed for each day a violation occurs or is allowed to continue. (f) All fines collected pursuant to this chapter shall be deposited in the Wastewater Management Fund of the department of environmental services to assist the department with its costs of implementing and enforcing the requirements of this chapter. (g) Any vendor or food provider who receives a written warning notice or fine may request an administrative review of the accuracy of the determination or the propriety of any fine issued, by filing a written notice of appeal with the director of environmental services no later than thirty days after receipt of a written warning notice or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, that the appellant wishes to be considered in connection with the appeal. The appeal will be heard by a hearing officer designated by the director of environmental services. The hearing officer will conduct a hearing concerning the appeal within forty -five days from the date that the notice of appeal is filed, or on 396 a later date if agreed upon by the appellant and the city, and will give the appellant ten days prior written notice of the date of the hearing. The hearing officer may sustain, rescind, or modify the written warning notice or fine, as applicable, by written decision. The hearing officer will have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the hearing officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision 397 MI.] Appendix B Baseline Estimates 399 X11 BASELINE ESTIMATES OF DISPOSABLE POLYSTYRENE FOAM FOOD WARE CONTAINER USE IN THE PROJECT AREA Prepared by David J. Powers & Associates, Inc. For City of San Jose July 2013 401 ENVIRONMENTAL BASELINE The project proposes to ban the use of expanded or extruded polystyrene (EPS) foam food service ware by restaurants and food service establishments within participating jurisdictions in Santa Clara County. Foam food service ware products generally include hot and cold cups, plates, clamshells, and in some cases food trays.' Some jurisdictions may also choose to adopt ordinances restricting EPS foam foodservice ware sales in stores and retail outlets. A restriction on sales of EPS foam coolers or ice chests could also be included in ordinances adopted by participating jurisdictions. The California Environmental Quality Act (CEQA) requires that environmental analysis identify the impact of a proposed project upon the existing physical conditions `on the ground ". "Existing conditions" is usually defined as conditions that exist when the environmental analysis begins. The environmental analysis for this project was undertaken in Spring 2013. Data available in the Spring of 2013 from prior years therefore defines the baseline period for this environmental analysis. 1.0 Baseline EPS Foam Food Ware Use EPS foam is one of a number of materials used to manufacture disposable or single -use food service ware. Precise information on the number of EPS foam cups, plates, clamshells and food trays used or distributed within the project area (i.e., within each jurisdiction or cumulatively across Santa Clara County) is not readily available from government agencies or other independent sources. In the absence of precise data, an estimate for the project area can be derived in several ways, as discussed below. The following discussion summarizes estimated baseline use projected from readily available information on EPS foam food service ware 1) manufacture, 2) occurrence in the waste disposal stream and 3) as litter. Where information is for larger sample areas (e.g., national or state) estimates are presented on a per capita basis. For smaller sample areas (e.g., an individual city or town), projected baseline rates are adjusted on a per capita or per service population (residents + employees) basis to reflect the influence of both residents and the daytime population of employees.1.1 Baseline Estimates Based on EPS Foam Food Ware Production In a 2004 report to the California State Legislature, the California Integrated Waste Management Board (now CalRecycle) estimated the statewide annual amount of polystyrene production and sales for various categories.2 In terms of market share, an estimated 156,829 tons of EPS were used in consumer and institutional settings, This category includes: disposable food serviceware (including disposable cups) and a range of other goods such as dinner and kitchenware, toys, sporting goods, household and institutional refuse bags and film, personal care items, healthcare and medical products, hobby and graphic arts supplies (including photographic equipment and supplies), apparel, ' A clamshell is a foldable, closable container that holds food ranging from sandwiches to take -out dinners. 2 California Integrated Waste Management Board. 2004. Use and Disposal of Polystyrene in California A Report to the California Legislature. December 2004. Appendix B 1 Environmental Baseline 402 footwear, luggage, buttons, lawn and garden tools, signs and displays and credit cards. It is important to note that not all of the polystyrene included in this estimate would be foamed or expanded polystyrene. These estimates were based on an extrapolation of California's share of a larger market in the 2002 Edition of The Resin Review: The Annual Statistical Report of the U.S. Plastics Industry prepared by the American Chemistry Council. Using 2000 census figures, annual per capita use of all polystyrene in a consumer and institutional settings in California would be about 9.3 pounds per person.' The percentage of food ware that makes up this category was not specified and therefore, is unknown. In the 2012 Edition of The Resin Review, total sales of polystyrene to the NAFTA region (Canada, Mexico, and the United States) were listed as 4.7 billion pounds in 2011.4 This total includes all types of polystyrene and is not limited to EPS foam. 2011 POLYSTYRENE (PS) SALES (U.S., CANADA, AND MEXICO) Source: American Chemistry Council. 2012 Resin Review. Food packaging and food service and expandable polystyrene (EPS) sales categories were tabulated in the 2012 Resin Review, however, there was not a standalone category of single -use EPS food ware. Total sales of EPS in 2011 in the NAFTA region was 821 million pounds (about 1.8 pounds /capita), however, this amount includes exports and products other than food ware. In comparison, EPS sales in 2010 for just the United States and Canada, were 782 million pounds, or about 2.3 pounds /capita. The percentage of EPS as a proportion of total polystyrene resin sales was about the same (15 percent). The statistics included in the 2012 Resin Review also included data for 2007 -2010 for distribution in Canada and the United States and for 2011 in the NAFTA region. Using a similar technique of adjusting values to reflect California's share based upon U.S. Census data as in the 2004 report to the California Legislature, the distribution to the major market of Consumer and Institutional uses is shown in Table B -1. For the most recent year with production data for the U.S. and Canada (2010), 'Based upon U.S. Census Bureau data, California's population on April 1, 2000 was about 33,871,648 persons. 4 American Chemistry Council. 2012. The Resin Review (The Annual Statistical Report of the North American Plastics Industry. 2012 Edition. Appendix B 2 Environmental Baseline 403 the production data on a per capita basis for the Consumer and Institutional Market would be about seven (7) pounds of EPS per capita.5 A challenge with obtaining or using information based upon EPS foam food ware production is that information is generally collected by research firms or trade organizations on a fee basis and based upon confidential reporting. As noted in a recent report prepared by MB Public Affairs on EPS foam food ware use in New York City, food service ware sales (in dollars) were estimated from the confidential sales information provided from industry sources.' Table B -1 Distribution of Polystyrene Resin to Consumer and Institutional Market millions of pounds) 2007 2008 2009 2010 2011 Canada & United States 3,028 2,851 2,647 2,376 -- Canada, Mexico and -- -- -- -- 2,518 United States California 333 314 291 261 209 Santa Clara County 16 15 14 12 10 Notes: California makes up about 12 percent of the population of the United States and about 11 percent of the combined populations of the United States and Canada based U.S. and Canadian census values. California made up about eight (8) percent of the population of the United States, Canada, and Mexico in 2011. The combined population of the United States and Canada in 2010 was about 342 million people. The combined population of the United States, Canada and Mexico ( NAFTA) was about 450 million people. Santa Clara County's population was about 4.8 percent of the total population of the State of California during this period. Population estimates for Santa Clara County for the period of 2007 -2011 are from the California Department of Finance.' Based upon a review of the categories for polystyrene resin sales and production in the 2012 Edition of The Resin Review, the baseline use of EPS foam food ware could range from about 1.8 pounds per capita to a high of about seven (7) pounds per capita. 5 The production estimates for 2011 in the 2012 report, which include the entire NAFTA area, increased by approximately six (6) percent from 2010 when the survey area was the United States and Canada. The additional population of Mexico represents about 24 percent of the population of the United States, Canada and Mexico (the NAFTA area). Since the increase in production for the larger area does not appear proportional to the increase in population and this is the first year of reporting, the 2010 estimate likely is a more representative value for California on a per capita basis. 6 MB Public Affairs. 2013. Fiscal & Economic Impacts of a Ban on Plastic Foam Foodservice and Drink Containers in New York City. March 2013. Accessed April 19, 2013. Available at: <httD: / /www.DMewswire.com/news- release s -te st/new- studv- details- economic - and - environmental - costs- of -nvc- polystyrene- ban- 199167951.htm1 >. Estimates of use by number of units or by weight were not provided in this economic study. ' State of California, Department of Finance, E -8 Historical Population and Housing Estimates, 2000 -2010 Report, by Year. Sacramento, California, November 2012.). Appendix B 3 Environmental Baseline M 1.2 Baseline Estimates Based on Waste Characterization and Litter Studies 1.2.1 EPS Foam Food Ware in Solid Waste Waste characterization studies that cover some or all of the project area include both statewide studies and studies conducted within the Cities of San Jose, Sunnyvale, Mountain View and Palo Alto. EPS foam food ware is a component of solid waste in the plastics category. Statewide Waste Characterization The State of California periodically completes waste characterization studies to assist with the implementation of waste management strategies, including waste diversion programs, improvement of existing programs, and measures to reduce greenhouse gas emissions. The most recent statewide surveys were completed in 2008.8 Special Waste Mixed Residue HHW 3-9f% 0 -8% Paper 0.3% 17 -3 Inerls and Glass tither 1.4% 29-1% Metal 4 -6% Electroni cs 0 -5% ti Plastic 1 9 -B% Other Orgaric 32.4 Material Classes in California's Overall Disposed Waste Stream (2008) Source: CIWMB. 2009. 2008 Statewide Waste Characterization Study By weight, plastics are not in the top ten types of materials disposed of in California. PS foam food ware would generally be placed in one of two subcategories: 93 - 97 Other Containers or Remainder/ Composite Plastic. These subcategories include other materials such as bottles for salad dressings and vegetable oils, flexible and brittle yogurt cups, egg and other food trays, and plastic strapping that would not be limited by the ordinance. An estimated 163,008 tons of 93 - 97 Other Containers and 1,104,719 tons of Remainder /Composite Plastic was disposed of in 2008. Single use EPS foam food ware uses statewide would be a subset of these two subclasses, however, as these categories s CIWMB. 2009. California 2008 Statewide Waste Characterization Study. Prepared by Cascadia Consulting Group. Available at: < http:// www. calrecycle. ca. gov/WasteChar/WasteStudies.htm> Appendix B 405 Environmental Baseline include a wide range of other items and EPS foam is relatively light, a meaningful estimate of EPS foam food ware use cannot be made from this data. 2008 Waste Characterization Study for the City of San Jose A waste characterization study for the residential and commercial sectors was conducted in the City of San Jose in March 2008.9 Unlike the 2008 statewide survey, expanded polystyrene was specifically assessed. In the 2008 San Jose study the polystyrene subcategory includes food and non- food containers and packing materials. Examples included cups and plates, egg cartons, foam packing, meat trays, packing "peanuts," take -out and other food and beverage containers. A total of 1,011 tons (0.1 percent of the total) were generated by the residential sector citywide and 1,610 tons were generated by the commercial sector. These values would include some materials such as egg cartons, foam packing, meat trays and packing peanuts that would not be covered by the proposed ordinance. The study also noted that 563 tons of polystyrene was recycled; this would not include single use EPS foam food ware. Based on this waste characterization study, an estimate of EPS foam food ware use (not accounting for materials improperly disposed of as litter and not collected) would be up to 2,621 tons, or 5.3 pounds per capita and 3.9 per service population. 10 This estimate could be a conservatively high value for EPS food ware use as the total expanded polystyrene subcategory includes some items, such as egg cartons and packing material, not effected by the model ordinance. 2010 Waste Characterization for Sunnyvale and Mountain View A 2010 waste characterization report found that EPS 11 food packaging makes up an estimated 689 tons per year of waste transferred to the landfill from the cities of Sunnyvale and Mountain View after materials recovery at the Sunnyvale Materials Recovery and Transfer Station (SMaRT Station®). This is about 0.5 percent of the total waste disposed. 12 The EPS food packaging subcategory specifically included clamshells, cups, plates, and bowls. This represents approximately 6.4 pounds per year per capita or 4.1 pounds per year per service population of the two cities. 13 9 Cascadia Consulting Group. 2008. City of San Jose Waste Characterization Study Final Report - DRAFT May 2008. 10 Based upon an estimated population of 985,307 and a service population of 1,354,757 (985,307 residents plus 369,450 jobs) for the City of San Jose in 2008. (Source: City of San Jose. 2010. Envision San Jose 2030 General Plan Final Program EIR). 11 Note: In some studies, the term EPS refers to all PS foam food ware, both expanded (e.g., cups) and extruded foam (e.g., plates and clamshells). Unless otherwise noted, EPS categories in waste categorization studies includes both types of PS foam food ware. 12 City of Sunnyvale. 2010. City of Sunnyvale Waste Characterization Report. Prepared by Cascadia Consulting Group. November 2010. 1s Based upon a combined population for the cities of Sunnyvale and Mountain View in 2010 of 214,147 persons and a service population of 337,147 (jobs + residents. (Sources: 2010 Census data and Association of Bay Area Governments. 2013. Draft Plan Bay Area: Draft Forecast of Jobs, Population and Housing. March 2013) Appendix B M Environmental Baseline The report also included waste survey estimates for the City of Sunnyvale alone. EPS food packaging in the waste stream was estimated at 314 tons, or 29 pounds per year per service population (140,081 residents + 75,000 jobs). Other Waste Characterization or Use Studies A recent waste characterization study completed for the City of Palo Alto sampled waste materials taken to the SMaRT Station® in the City of Sunnyvale in 2012. EPS foam (EPS) materials made up 114.3 tons or approximately 0.4 percent of waste materials from the City overall 14. This waste characterization was completed at a time that the City's existing ordinance on foam food ware was in place. Unlike the 2010 waste categorization for Sunnyvale and Mountain View, this study did not separate EPS packaging from food ware and by definition included drinking cups, egg cartons, meat trays, packing blocks, packing peanuts, plates and bowls, and take -out containers. Sources of EPS materials in the waste stream could include allowed meat trays and containers used in residences or for food purchased outside the City. Some, but an undetermined amount of EPS materials estimated in this study would be effected by implementation of an ordinance in neighboring cities or adoption of a limit on sales of empty containers or EPS foam ice chests in the City. Limited user surveys have been undertaken in the City of Milpitas and unincorporated Santa Clara County of businesses that use single -use disposable food containers. In a survey of 25 businesses in the City of Milpitas, about one -half (13) used EPS foam food containers. Of the businesses that use polystyrene take -out containers, the majority estimated use of more than 2,000 pieces per month of clamshells, soup cups with lids, hot drink cups, cold drink cups, plates, and other products. 15 An estimate of monthly use by food service businesses was not projected citywide, however. The County of Santa Clara survey results were also limited by sample size and are discussed under Baseline Estimates Used in Other Environmental Review, below. 1.2.2 EPS Foam Food Ware in Litter Litter is waste that is improperly discarded. Due to the aesthetic, health, and environmental effects of litter, a number of organizations and government agencies track and characterize trends in litter generation, human behavior, and fate in the environment. The following section reviews some of the results of litter studies, as they apply to the estimation of EPS foam food ware use and contribution to litter in the project area. It is important to note that it is difficult to document and categorize litter because it is the result of human behavior (frequently impulsive behavior) and littered materials are operated on by various environmental factors, such as wind, sunshine, and rain. It is also difficult to compare study results because there is no one standardized methodology that is appropriate for studies in all environments (e.g., streets, highways, parks, waterways, and shorelines). Comparisons are further complicated by 14 Cascadia Consulting Group. 2013. Waste Characterization Report City of Palo Alto. is Cascadia Consulting Group. 2011. Expanded Polystyrene Food Service Take -Out Container Study. Prepared for the City of Milpitas. April 26, 2011. Appendix B 6 Environmental Baseline 407 different systems or categories used to identify the materials that are littered. For example, EPS foam food ware is a type of plastic and may not be counted separately from other plastics or miscellaneous categories. National Litter Generation Studies and Review Keep America Beautiful is a national organization that has funded a number of studies that characterize quantities, types, and location of litter. In a recent fact sheet, it was noted that litter is often discarded at transition points where pedestrians consuming a food (or tobacco products) discard the product before entering. 16 In addition to being found along roadways, litter also collects in storm drains, loading docks, recreation areas, near construction sites and in retail districts. A 2009 study estimated that 4,660,930 tons of litter is collected annually nationwide by cities, counties, state government, educational institutions and businesses." On a per capita basis, this would be about 30 pounds of litter per person. In a 2012 study underwritten by the American Chemistry Council Plastics Foodservice Packaging Group, Environmental Resources Planning LLC summarized the results of a number of litter characterization studies, including one from San Jose that recorded amounts of polystyrene foam food service products in urban street litter. A median value of 1.5 percent of "large" litter" (by count) was reported to be EPS foam food ware, based upon 19 surveys between 1994 and 2008 in jurisdictions in the United States and Canada. The 2009 San Jose study of litter "hot spots" reported 2.3 percent of litter was polystyrene foam food ware, which was higher than a number of the other studies and the median value. About 0.8 percent EPS foam food ware (of total large litter) was also listed for a 2008 San Jose street litter audit. EPS foam food ware reported in the small litter category was less than the large litter category. Only studies that use techniques of characterizing EPS foam litter by count, rather than volume or weight were reviewed as the author opined that counts are Methods of Measuring Litter in the Environment Several different metrics are used in litter or trash assessments and in some cases more than one type of measurement is used to meet the goals or purpose of the assessment. Counts of "large" or "small" litter by category or type of material have been chosen as an appropriate metric for a number of street and roadway litter studies. Other ways to assess quantities of litter on streets or in waterways include by weight and by volume. Characterizing litter by weight can distort the proportion of each litter type by heavy items, such as wood, metal, and containers with liquids, though it provides information that is of interest in terms of litter collection, in terms most people can understand. For a recent estimate of trash loading in stormwater runoff in the South Bay Area, the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) chose to primarily use a volume metric. This was done in part to assess the visual impact of litter as well as characterizing the relative amounts of litter that could reach local waterways, including pieces of PS foam. 16 Keep California Beautiful. Litter Facts. April 18, 2010. Accessed April 12, 2013. Available at: <hiip: / /www.keepcabeautiful.ora /facts /litter- facts.html >. 17 MSW Consultants. 2009. 2009 National Visible Litter Survey and Litter Cost Study. Prepared for Keep America Beautiful, Inc. September 18, 2009. " "Large Litter" in the San Jose and other litter studies referenced in the review generally consisted of litter greater than or equal to four square inches in size. Appendix B M Environmental Baseline more precise and have lower variability than surveys by volume or weight (unless tallies are also included). The review of national and Canadian litter counts concluded that EPS foam food ware is a small proportion (1.5 percent) of litter. City of San Francisco Street Litter Audits Audits of litter on streets in the City of San Francisco were conducted in 2007, 2008, and 2009. Litter was categorized by size and material type. 19 Litter was classified as "large litter" for those items over four (4) square inches in size or as "small litter" for items less than 4 square inches. In the large litter category, paper and fiber 20 materials contributed the largest component (46 — 54 percent percent) of the total large litter. Plastic materials, including unidentified miscellaneous plastic litter that is weathered and could not be identified with certainty, were the second most significant material type in the large litter category. In the small litter category, glass and cigarette butts were in the top two by number of items. Polystyrene foam pieces made up one percent of the counted small litter in 2009. At the time of the 2009 litter audit two types of items, retail plastic bags and polystyrene packaging materials, were regulated under the municipal code. Ordinances regulating the use of these products were not in place at the time of the first audit in 2007. Both retail plastic bags and polystyrene litter decreased as a percentage of total large litter between 2007 and 2009. In the analysis of litter observations by major category, the percent of polystyrene cups making up "large litter" decreased between 2007 and 2009 while paper and plastic cups increased (HDR at p. 41). These litter audits observed the number of pieces of litter at selected sites and do not provide an estimate of total numbers or weight of food service ware in litter citywide. The results for the one sample year after implementation of an ordinance on EPS foam food ware appears to show a decrease in the number of polystyrene cups while other cups increased in frequency. In other words, it appears that in 2009 there was a shift from EPS foam to substitutes, but no change in the overall amount of food ware litter. City of San Jose Litter and Trash Characterization Studies The City of San Jose has conducted a number of trash characterization studies at locations throughout the City that look at the volume, counts, and /or weight of litter found in the environment. These studies include: • SAIC. 2008. The City of San Jose Streets Litter 2008. Prepared for City of San Jose Department of Environmental Services. September 30, 2008. • City of San Jose. 2009. Targeted Litter Assessment. • City of San Jose. 2012. Litter Assessment Data. Spreadsheet. 19 HDR. 2009. The City of San Francisco Streets Litter Re Audit 2009. Prepared for the City of San Francisco San Francisco Environment Department. September 2009. 20 Fiber based litter included paper, paperboard, cardboard, towels, napkins, newspapers, books, flyers, printed materials, business forms, stationary, paper packaging, and paper bags. Appendix B 8 Environmental Baseline M The 2008 street litter survey counted items of litter found at 125 randomly selected sites. Like the studies conducted for the City of San Francisco, litter was categorized by size and material type. EPS foam cups were found to make up 0.65 percent of the "large litter" counted. EPS foam plates and clamshells made up 0.1 and 0.05 percent respectively, for a total of 0.8 percent of EPS foam food ware. The relative breakdown of EPS foam food ware within three categories, cups, plates and boxes in the 2008 study provides some insight into other products reported in 2008. These breakdowns are shown below. Cup Litter - A of Sub-category Paper Cups (Hu[). 4.0% Paper Cues (-AA Od— Paper.. 7.5% 0.9% Pdys —eeups ( nwa 9.4% Cup lids, Pieces Plastic drink cups, ids, 81.1% 17.1% San Jose -Box Lifter Paper clamshells, Other Plastic Porystyrene 2.4% Shells1lo —, d. 'hell., 2.4% 4.9% Cardboard bcxeol box marl, 17.1% Paperboard (cereal type], 73.2% San Jose -Take Out Extras Plates - cdt Mats, 4.0% Paper Falk Food Plates, Poly Fall Food 3.0% Plates, 4.0% Utensils, 42296 Name Brand (Fast Food et..) Napkins, 8.5% Condimenl packaging (salt vinegar etaj, 38.2% Categories of Litter Reported at Selected San Jose Locations By Litter Count (2008) Source: SAIC, 2008. The 2009 targeted litter assessment included litter counts at 48 sites in the City of San Jose with relatively high concentrations of litter (e.g., litter "hot spots "). The goal was to quantify and characterize litter found at these hot spot sites. A total of 7,917 pieces of litter were counted from the 48 sites for an average of 165.5 items per site. Overall, about 12.4 percent of the items were classified as fast food items and 9.5 percent were cups. The assessment also included sub - categories for several polystyrene food ware products. At the targeted sites, the percent of total "large litter" included: • 1.6 percent polystyrene foam cups • 0.4 percent polystyrene foam food plates • 0.2 percent polystyrene clamshells. Appendix B 9 Environmental Baseline 410 Polystyrene trays, which depending on their use, may not be covered by the proposed ordinance made up about 0.2 percent of the total large litter. In 2012, litter was counted at 31 sites in the city. Polystyrene food ware products made up about 3.5 percent of the total litter counts. The breakdown by polystyrene food ware type was: • 2.2 percent polystyrene foam cups • 0.8 percent polystyrene foam food plates (rounded) • 0.1 percent polystyrene clamshells (rounded). Polystyrene foam trays were approximately 0.5 percent of the 2012 total litter count. In summary, the street litter assessments completed in San Jose range from a random sampling of counted litter to surveys of litter "hot spots" with litter counts recorded. EPS foam food ware generally makes up four percent or less of total litter. EPS cups and plates appear to be more prevalent in these assessments, where measured, than EPS clamshells. Individual subcategories (e.g., EPS foam plates, clamshells) likely are less than one percent of total litter by count, volume or weight. The 2008 study, using random samples, provides the most representative assessment of litter citywide, while the other assessments focus on areas where litter has found to be more prevalent or concentrated. NPDES Audits and Studies Trash characterization and loading in waterways has been addressed in a number of recent studies undertaken starting in 2009 in the portion of the project area that drains to San Francisco Bay (i.e., the jurisdictions and area of the County roughly north of Morgan Hill). As a part of the Municipal Regional Stormwater Permit (MRP) issued by the San Francisco Bay Regional Water Quality Control Board, litter audits have been completed for a regional study to assess the types and amounts of trash transported via urban runoff. Trash, including single -use food ware, is transported to local creeks and San Francisco Bay shorelines through three primary pathways: 1) curbs /gutters, storm drain lines and open channels that are part of storm water collection systems in urban areas; 2) wind; and 3) illegal dumping into water bodies.zl Preliminary findings for each of the Santa Clara County MRP co- permittees are summarized in Table B -2. Approximately 3,900 cubic yards of trash that could reach creeks in the San Francisco Bay Basin is estimated to be generated annually. SCVURPPP estimates that approximately eight percent of this trash by volume, or 311 cubic yards, is EPS foam food ware. These values are projected, in part, based upon land use types in an effort to identify baseline trash generation that is transported to waterways via urban runoff. The results of studies will be presented to the SF Bay RWQCB in 2013. 21 SCVURPP. 2013. Urban Runoff Trash Management Reducing Impacts in Santa Clara Valley Creeks and San Francisco Bay. February 2013. Appendix B 10 Environmental Baseline 411 Table B -2 Estimated Volume of Trash Reaching Storm Drain Inlets' (Stormwater Trash) Estimated Volume of Estimated Volume of EPS Foodware & Trash Beverageware Trash Generated Annually' Generated Jurisdiction Annually' Best Estimate Low Estimate Best High Estimate (Gallons) (Gallons) Estimate (Gallons) Gallons Campbell 17,186 11025 1,367 1,709 Cupertino 25,292 1,509 2,012 2,515 Los Altos 10,393 620 827 1,034 Milpitas 38,302 2,285 3,047 3,809 Monte Sereno 426 25 34 42 Mountain View 44,736 2,669 3,559 4,449 Palo Alto 31,955 1,907 2,542 3,178 San Jose 302,474 18,048 24,064 30,080 Santa Clara 64,636 3,857 5,142 6,428 Saratoga 8,032 479 639 799 Sunnyvale 82,628 4,930 6,574 8,217 County of Santa 37,425 2,233 2,977 3,722 Clara Los Altos Hills 835 50 66 83 Los Gatos 13,224 789 1,052 1,315 Totals (Gallons) 677,543 40,428 53,904 67,380 Totals (Cubic 3,904 233 311 388 Yards) 'As reported in Short-Term Trash Load Reduction Plans as a part of Baseline Trash Generation Rates Characterization in the San Francisco Bay Area. 2Estimates based on the total amount of uncompacted trash/EPS measured in Storm Drain inlets and CDS units (5 events) in San Jose and Sunnyvale. Best = percentage of EPS compared to all trash; High and low assume measurement error of ( + / -) 25% when characterizing trash/EPS. s Simple multiplication of annual trash load generated and percentage EPS (low = 6 percent, best estimate = 8 percent, and high = 10 percent) Source: Chris Sommers, EOA, Inc. for SCVURPPP. April 24, 2013. Appendix B 11 Environmental Baseline 412 Information on Litter in the South Santa Clara County Area The area of Santa Clara County south of Morgan Hill, including the cities of Morgan Hill and Gilroy, drain to Monterey Bay and have not been covered by trash and litter assessments and characterization conducted as a part of the MRP under the NPDES program. Trash has been collected twice per year along several local creeks on an annual basis since 2007 and the weight of trash (and recyclables) collected reported.22 Tens of pounds to over 1,000 pounds of trash were collected at individual sites. A breakdown of the composition of trash collected (e.g., plastics, paper, EPS foam food ware) is not included in the past events results posted by the Creek Connections Action Group, which organizes the annual cleanups. The City of Morgan Hill also periodically conducts a trash collection along creeks as part of an annual City Beautification event .2' Trash collection locations have included Llagas Creek, Chesbro Reservoir, Anderson Lake and West Little Llagas Creek in the Morgan Hill area and Coyote Lake, Uvas Reservoir, Uvas Creek and Upper Miller Slough near Gilroy. Conclusions Regarding Baseline EPS Foam Food Ware Quantities in Litter Data collected in some recent street and creek litter surveys provides information on the relative proportion of EPS foam food ware in total litter. By all measures (count and volume) the proportion is generally less than 10 percent by volume in stormwater systems and ranging from less than one percent to 3.6 percent by count in street litter. There are several challenges with using litter surveys to estimate the amount of EPS foam food ware use not captured by waste characterization studies. First, the material surveyed may not have been deposited within a measurable time frame, such as a month or year. Second, litter studies in urban settings are generally conducted to count pieces of litter and /or the volume of litter in order to assess visual impacts or provide information for collection or minimization efforts and the results are not extrapolated to a community wide basis. Third, due to the fact that some litter is more friable (e.g., EPS foam breaks into pieces more readily that crystalline EPS or fiber products), counts of litter, especially in storm drains and creeks, makes estimates by weight or numbers of whole cups, clamshells or plates difficult, if not infeasible. The recent survey conducted for SCVURPPP as part of a regional characterization of trash reaching creeks estimates 311 cubic yards of uncompacted polystyrene foam food ware trash for the jurisdictions covered by the SF Bay RWQCB's NW in Santa Clara County (this area does not include south county areas from Morgan Hill south). Assuming the density of this uncompacted litter would be similar to that of collected waste, the estimated 311 cubic yards of expanded polystyrene foam could weigh about 3,000 pounds (or 1.5 tons).24 This would be a conservatively I Creek Connections Action Group. "Past Events Results ". Accessed April 24, 2013. Results for individual clean ups Available at: < hllp:// www. cleanacreek .ora/Pasteventsresults _main %20page.asg >. 23 City of Morgan Hill. "City Beautification Day 201 F. Accessed April 25, 2013. Available at: <hltp: / /www.morgan -hill. ca. gov /index.aspx ?NID =1002 &ART = 3302 &ADMIN =1 >. ' The weight of expanded polystyrene materials are variable. One manufacturer of non -food products offers expanded PS foam insulation at densities ranging from 0.7 — 3 pounds per square foot (Source: American Insulation Corporation. "What is EPST'. Available at: hilp: / /insulationcop2.com/eps /) . CalRecycle lists the density of "Polystyrene blown, formed foam" as 9.62 pounds per cubic yard in a posted list of conversion factors for various Appendix B 12 Environmental Baseline 413 high estimate of the weight of EPS foam food ware in stormwater system litter extrapolated from the data if the spaces between items was greater than those for the CalRecycle waste conversion factors. On a weight and volume basis, the amount of EPS foam food ware found in litter transported in storm drain systems appears to be a fraction of the approximately four pounds per service population of EPS foam food ware properly disposed of and collected by various jurisdictions in the project area. Several thousand tons of annual EPS foam food ware were tabulated for three jurisdictions, Sunnyvale, Mountain View and San Jose, in waste characterization studies discussed previously. Therefore, the addition of EPS foam food ware found as litter would not substantially effect per service population estimates of use by weight. In conclusion, the baseline for EPS food ware appearing as litter in Santa Clara County is: • Street Litter: about 0.8 -3.6 percent by count of large litter (four square inches in area or more) on streets based upon citywide and hot spot street litter surveys in San Jose; and • Stormwater System Litter: — about eight (8) percent by volume based upon SCVURPP litter characterizations (i.e., trash loading) in storm drain systems discharging to creeks and waterways." — about 311 cubic yards of EPS trash (roughly 3,000 pounds) per year in the SVURPP area. While the PC foam trash in storm drain systems is roughly equivalent to about 3,000 pounds for the SCVURPP area, it should be noted that the SCVURPP litter characterizations do not include litter directly deposited in waterways by wind or dumping. Weight is generally not used in local litter studies as it does not assist with the assessment of the visibility or persistence of different types of litter in the storm drain systems and creeks. types of waste (Available at: http:// www. calrecycle. ca. gov/ LGCentral/LibM/DSG/Irecycl.htm). The estimate of 3,000 pounds is made using the density of 9.62 pounds per cubic yard. 2s Refer to Table B -2 for a breakdown by jurisdiction. Appendix B 13 Environmental Baseline 414 1.3 Baseline Estimates Used in Other Environmental Review 1.3.1 County of Santa Clara The County of Santa Clara conducted a telephone survey in 2011 and contacted approximately 80 percent of the 60 food service vendors in unincorporated areas of the County.26 Use of EPS food and beverage containers at these vendors would be restricted by the then proposed Expanded Polystyrene Food and Beverage Containers Ordinance. Nineteen of the 29 vendors who participated in the survey did not use food containers or cups made from EPS. Use of EPS food containers by eight vendors ranged from a low of 50 to a high of 300 per month while use of cups by nine vendors ranged from 30 to 450. As the sample size was limited, the County concluded it was not possible to make an estimate of the total volume of EPS containers used by vendors in the unincorporated area of the County. A likely annual usage of 100,000 to 150,000 units was stated with the qualification that it was based on a limited response. 1.3.2 City of Fremont Based in part upon a 2008 waste characterization study, the City of Fremont estimated that approximately 15% of plastic containers (129.1 tons) in the waste stream were expanded polystyrene food containers .2' Assuming a population of approximately 209,257 in 2008,28 that would represent approximately 1.2 pounds per person per year. On a service population basis, this estimate would be about 0.9 pounds (per residents + employees), assuming about 94,240 jobs within the City in 2008. On a per capita and service population basis, this would be lower than the estimates derived above for San Jose and Sunnyvale /Mountain View. 1.3.3 County of San Mateo In a 2010 Notice of Intent to Adopt a Negative Declaration, a total of 2,696 food vendor business were reported in the County of San Mateo and these businesses were estimated to consume 351,500 units of polystyrene -based food ware containers, such as cups, clamshells and plates. The basis for this estimate was not listed.29 26 County of Santa Clara. 2012. Expanded Polystyrene Food and Beverage Containers Ordinance. April 12. 2012. P.9. 21 City of Fremont. Expanded Polystyrene Food Service Ware Ban Draft Negative Declaration. April 2010. 28 State of California, Department of Finance, E -8 Historical Population and Housing Estimates, 2000 -2010 Report, by Year. Sacramento, California, November 2012. 29 County of San Mateo. 2010. Notice of Intent to Adopt a Negative Declaration for the Ordinance Prohibiting Food Vendors From Using Polystyrene -Based Disposable Food Containers. Appendix B 14 Environmental Baseline 415 1.4 Summary of EPS Foam Food Ware Annual Use Estimates Information on the number single use EPS foam food ware containers (e.g., cups, bowls, plates, clamshells and ice chests) used in the project area was not found to be readily available. Estimates of EPS foam food ware use were assessed based upon available information on EPS foam production and sales, waste characterization and litter studies and are summarized in Table B -3. Challenges were encountered where EPS foam and /or food ware information was not separately characterized and where the units measured (such as litter counts) could not reliably be projected to the various uses with the jurisdictions in the project area. An industrywide review of polystyrene resin production which covered the years 2007 -2011 and the United States and Canada (and Mexico in 2011) unfortunately did not include a specific category for EPS foam food ware. The EPS category and institutional and consumer categories, which both include food ware, were examined and a per capita use estimate of 1.8 pounds per person of EPS in 2011 within the U.S., Canada, and Mexico made. Uncertainties include the amount of foam food ware (e.g., versus building insulation) within this category as well as the possible differences in per capita use between Santa Clara County and Canada and Mexico, which were included in the sales information. Local waste characterization studies completed in 2008 and 2010 contain appropriate information on the weight of EPS foam food ware that can be averaged on a per service population (jobs + residents) basis. The use of the service population metric is appropriate in this case as single -use food ware is used by both residents and workers and in most of the larger communities in the project area there are considerable numbers of workers that use single use food ware who commute and do not reside within those jurisdictions. There is some uncertainty in the estimates where the percentage of EPS foam food ware was estimated (City of Fremont) or where some EPS foam food ware that would not be covered by the ordinance was included (2008 San Jose Waste Characterization). Available litter studies did not generally attempt to quantify the weight, volume or counts of litter across an entire community or region. Recent surveys prepared for SCVURPP estimate that EPS foam food ware contributes about 133 cubic yards of uncompressed materials to litter in creeks that drain within the project area to San Francisco Bay (with just over 90 percent of the service population). By weight, this would not result in a discernable change in estimated EPS foam wood ware use based on 2008 and 2010 waste characterization studies undertaken for San Jose, Sunnyvale and Mountain View. In other words, for the purposes of estimating the magnitude of EPS foam food ware use within the project area, it appears that most EPS foam food ware use is captured in the rates derived from waste characterization studies. Appendix B 15 Environmental Baseline 416 Table B -3 Summary of EPS Foam Food Ware Use Best Estimates Rate per Rate per Source Tons Population Service Capita Service Population (pounds) Population (pounds) Estimate for 2011 410,500 453 million -- about 1.8 -- Derived from EPS (821 million (U.S., Canada, Sales in 2012 pounds) and Mexico) Resin Review' 2008 San Jose 2,621 985,307 1,354,757 5.3 3.9 Waste Characterization 2010 Sunnyvale 314 140,081 215,081 4.5 2.9 Waste (survey of (Sunnyvale) (Sunnyvale) Characterization collected waste) 689 214,147 337,147 6.4 4.1 (survey of (Sunnyvale: [Sunnyvale: residual 140,081, 215,081, waste from Mountain View: Mountain View: Sunnyvale 74,066) 122,0661 and Mountain View after sorting) 2008 Fremont 129.1 209,257 303,4973 1.2 0.9 Waste Characterization Estimate Range of -- -- -- 1.2-6.4 0.9-4.1 Estimates 'Also includes EPS other than food ware. 2Includes other EPS foam products, such as egg cartons and packing peanuts. 3Includes interpolated estimate of jobs in 2008 from ABAG Projections 2009. Appendix B 16 Environmental Baseline 417 EPS foam food ware used in the project area consists of an unknown mixture of products, including plates, cups, trays and clamshells. An equivalent number of items per pound for individual products can be estimated, however. As shown in Table B -4, one pound of EPS foam food ware per service population would be equivalent to about: • 46, 8 -inch clamshells or • 53, 9 -inch plates or • 91 16- ounce cups or • 53 32 -ounce cups Table B -4 Equivalent Number of PS Foam Food Ware Clamshells or Cups Measured Number of Weight Weight (in Items per Number of Items PS Foam Product Item Size (grams) Pounds) Pound per 4 pounds5 Clamshell' 8 -inch 10 0.022 46 182 Plate 9 -inch 8.5 0.019 53 211 Cup 16 ounce 5 0.011 91 364 Cup 32 -ounce 8.8 0.019 53 211 'Manufacturer: DART Corporation 2 Weight data from: Horvath, A.& Chester, M. Greenhouse Gas Emissions of Expanded Polystyrene Food Containers and Alternative Products Used in Los Angeles County. July 14, 2009. 3 Manufacturer: DART Corporation for the Jamba Juice Company. 4 Weight data from: Franklin Associates, Ltd. Life Cycle Inventory of Foam Polystyrene, Paper - Based, and PLA Foodservice Products. February 4, 2011. 5 Items per pound and Items per 4 pounds may not correspond exactly due to rounding. The baseline use of PS foam food ware in the project area is conservatively estimated at about four pounds per service population (residents + employees) Appendix B 17 Environmental Baseline 2.0 USERS AND MANUFACTURERS OF EPS FOAM FOOD WARE The proposed model ordinance would restrict the use of single -use disposable EPS foam food ware in participating jurisdictions. A summary of the number of facilities and vendors with food handling permits in Santa Clara County is provided in Table B -4. Food facilities covered by the County's permit program include restaurants, markets, bakeries, liquor stores, bars, certified farmers' markets, food service at fairs and festivals, catering trucks, hot dog carts, ice cream trucks, produce vehicles, and food vending machines. Provisions of the ordinance, including the sale of empty EPS foam food ware and ice chests, could also apply to other vendors within the project area. The number and types of businesses and facilities are summarized in Table B -5. Manufacture of EPS foam food ware would not be restricted under the ordinance, however, manufacturing facilities within the State of California could experience a change in demand for EPS foam food ware products with implementation of existing or reasonably foreseeable EPS foam food ware ordinances in County of Santa Clara and throughout California. The number of EPS foam manufacturers in 2007 are also listed. Appendix B 18 Environmental Baseline 419 Table B -5: Permitted Food Vendors in Santa Clara County Jurisdiction Food Service' Caterer Mobile Food Facility Grocery Stores Other Z San Jose 2,636 49 710 617 354 Campbell 188 14 6 42 54 Cupertino 230 2 4 28 36 Gilroy 188 0 31 66 19 Los Altos 89 1 2 15 30 Los Altos Hills 4 0 0 1 0 Los Gatos 157 3 4 37 31 Milpitas 347 3 5 55 40 Monte Sereno 0 0 0 0 0 Morgan Hill 154 0 6 39 21 Mountain View 380 4 50 70 159 Palo Alto 350 0 7 40 60 Santa Clara 568 13 144 102 57 Stanford 120 0 18 3 8 Saratoga 78 0 7 13 38 Sunnyvale 449 1 10 93 57 Unincorporated Santa Clara County 56 0 118 15 67 Total 5,994 90 1,122 1,236 1,031 Source: County of Santa Clara Department of Environmental Health, Food Safety Permit Program (2013) Food Service includes restaurants, cafes, delicatessens and other locations where food is prepared on -site (e.g., delicatessens in grocery stores). Other includes: food demonstrators and short-teen events. Appendix B 19 Environmental Baseline 420 Table B -5 Summary of Businesses and Facilities That May Sell, Use or Manufacture EPS Foam Food Ware Information Cate or Data Sources Consumption Restaurants /Food • 224 gas stations with • U.S. Census Bureau. 2010 Service Vendors in convenience stores County Business Patterns. Santa Clara County 2010. • 8,237 permits for food service, • County of Santa Clara caterers, mobile food service, Department of Environmental and other Health refer to Table A -1 Grocery Stores • 1,236 • County of Santa Clara Department of Environmental Health, Food Safety Permit Program refer to Table A -1 Sporting Goods • 123 sporting goods stores • U.S. Census Bureau. 2009 Stores in Santa Clara County Business Patterns. County 2009. Merchandise Stores in • 42 department stores (includes • U.S. Census Bureau. 2010 Santa Clara County discount department stores) County Business Patterns. • 71 general merchandise stores 2010. (includes warehouse clubs and su ercenters Retail/Pharmacy • 190 pharmacies and drug • U.S. Census Bureau. 2010 stores County Business Patterns. 2010. Hardware Stores in • 38 hardware stores • U.S. Census Bureau. 2010 Santa Clara County County Business Patterns. 2010. Statewide Producers PS Foam • 77 Polystyrene foam • U.S. Census Bureau. Industry Manufacturers manufacturers in California Statistics Sampler. 2007. — 9.74 percent of value of U.S. shipments — 3,389 employees Appendix B 20 Environmental Baseline 421 3.0 BASELINE CONCLUSIONS In summary, the baseline estimates for the project area (Santa Clara County) are follows: Baseline for EPS food ware used annually in Santa Clara County — Counts for various products (cups, plates, clamshells) that could be applied countywide are not readily available. Based upon a review of the categories for polystyrene resin sales and production in the 2012 Edition of The Resin Review, the baseline use of EPS foam food ware could conservatively range from about 1.8 pounds per capita to a high of about seven (7) pounds per capita per year. 2. Baseline for EPS food ware appropriately disposed as waste annually in Santa Clara County — Based upon waste local characterization studies within Santa Clara County, EPS food ware appropriately disposed of annually is conservatively 2.9 -4.1 pounds per service population (residents + jobs) or 5.3 -6.4 pounds per capita per year. The per capita estimate of about six pounds per year is within the range of the estimate noted above for food ware used (based upon production). 3. Baseline for EPS food ware appearing as litter in Santa Clara County- • Street Litter: about 0.8 -3.6 percent by count of large litter (four square inches in area or more) on streets based upon citywide and hot spot street litter surveys in San Jose; and • Stormwater System Litter: — about eight (8) percent by volume based upon SCVURPP litter characterizations (i.e., trash loading) in storm drain systems discharging to creeks and waterways.30 — about 311 cubic yards of EPS trash (roughly 3,000 pounds) per year in the SVURPP area. 4. Baseline for types of businesses and activities covered by the ordinance — The ordinance would apply to a wide range of businesses and activities within the Santa Clara County project area. Over 8,000 businesses or organizations have food handling permits from the County of Santa Clara, including restaurants, cafes, mobile food service, caterers, grocery stores, convenience stores, and one -time. Other vendors whose sales would be covered activities include several hundred restaurant and food service suppliers, warehouse stores, retail /pharmacy stores, sporting goods and hardware stores. so Refer to Table 4.9 -2 in Section 4.9 Hydrology and Water Quality for a breakdown by jurisdiction. Appendix B 21 Environmental Baseline 422 Appendix C Summary of Life Cycle Assessments (LCAs) 423 424 A SUMMARY OF LIFE CYCLE ASSESSMENTS (LCAs) AND LIFE CYCLE INVENTORIES (LCIs) Prepared by David J. Powers & Associates, Inc. For City of San Jose June 2013 425 LIFE CYCLE ASSESSMENTS AND INVENTORIES A life cycle assessment (LCA) is a process used to assess the environmental impact of a given product throughout its lifespan. A LCA assesses the raw material production, manufacture, distribution, use, and disposal (including all intervening transportation steps) of a given product. The methodology for completing a LCA is standardized by the International Organization for Standardization (ISO).' A life cycle inventory (LCI) is a study of the inputs and outputs for a product system and is typically a part of a comprehensive LCA. Raw materials and resource inputs as well as emissions to water, air, and land are accounted for. An LCI identifies the outputs without trying to analyze the impacts to an environmental system. For example an LCI would show how many kilograms of carbon dioxide, methane, and nitrous oxide are produced in a manufacturing process but would not calculate assess the global warming impacts that would result from those emissions. LCAs are useful because they provide specific analysis and quantifiable results for the purpose of assessing environmental impacts of a given product. However, the LCA process is complex and involves many variables that can differ from report to report. Each LCA assumes different parameters and system boundaries in its calculations, and utilizes a unique set of data to reach its conclusions. Often, LCAs are completed in different regions of the world that have unique environmental factors such as transportation distances and composition of energy supply that may not apply elsewhere. Similar issues arise with LCIs. For these reasons, the results contained in LCAs and LCIs consulted for this Initial Study may not precisely reflect conditions in Santa Clara County. Due to the variations and limitations involved in the LCA /LCI process, direct comparisons between the results of two or more studies involve a level of uncertainty. Many environmental impacts occur on a local or regional scale, and the location of those impacts is difficult to define. However, by examining the results of several LCAs and LCIs, it is possible to get a reasonable range of the likely impacts associated with a given product over the course of its lifetime such that a qualitative comparison of impacts can be presented. Summaries of the relevant studies consulted in this Initial Study are provided in this Appendix. Materials referenced in the discussions are defined in Table C -1, below. ' ISO standards 14040:2006 and 14044:2006 establish the principles, framework, requirements, and guidelines for LCAs. International Organization for Standardization. "ISO standards for life cycle assessment to promote sustainable development." July 7, 2006. Accessed April 9, 2013. Available at: <hqp://www.iso.org/iso/home/news index/news _ archive /new s.htm ?refid =Ref 1019> Appendix C 1426 Summary of Life Cycle Assessments Table: C -1 Abbreviations for Food Container Materials Acronym Material Type EPS Expanded or Extruded Polystyrene GPPS or PS General Purpose Polystyrene HDPE High- Density Polyethylene LDPE Low - Density Polyethylene PC Polycarbonate PET Polyethylene Terephthalate PHA Polyhydroxyalkanoate PLA Polylactic Acid PP Polypropylene PVC Polyvinyl Chloride LCA /LCI Summaries: • Tabone et al. Sustainability Metrics: Life Cycle Assessment and Green Design in Polymers. 2010. • Madival et al. Assessment of the environmental profile of PLA, PET, and PS clamshell containers using LCA methodology. 2009. • Franklin Associates. Life Cycle Inventory of Foam Polystyrene, Paper - based, and PLA Foodservice Products. 2011. • Kuczenski et al. Plastic Clamshell Container Case Study. 2012. • PlasticsEurope. Environmental Product Declarations of the European Plastics Manufacturers. 2008 -2012. • Zabaniotou, A. & Kassidi, E. Life cycle assessment applied to egg packaging made from polystyrene and recycled paper. 2002. • Franklin Associates. Life Cycle Inventory of 16 -ounce Disposable Cups. 2009. • PE Americas. Comparative Life Cycle Assessment IngeoTM biopolymer, PET, PP Drinking Cups. 2009. Appendix C 2 Summary of Life Cycle Assessments 427 Tabone et al. Sustainability Metrics: Life Cycle Assessment and Green Design in Polymers Authors: Michaelangelo D. Tabone, James J. Cregg, Eric J. Beckman, Amy E. Landis Sponsor: University of Pittsburgh, Department of Civil and Environmental Engineering Date: September 2, 2010 Products Anal PET, HDPE, LDPE, PP, PC, PVC, GPPS, PLA -G (general process), PLA -NW (NatureWorks LLC), PHA -G (general process), PHA -S (corn stover), B -PET (hybrid bio /petroleum) Functional Unit: One liter of polymer contained in pellets (prior to product molding) Impact Categories: Acidification, Carcinogenicity, Ecotoxicity, Energy Use, Eutrophication, Global Warming, Non - carcinogenicity, Ozone Depletion, Respiratory Effects, Smog, Fossil Fuel Depletion Summary: The report assesses the environmental impacts of each polymer's production as well as its adherence to green design principles. The scope of the study is "cradle -to- gate," meaning that the study only compares impacts resulting from the production of each plastic and not the use or disposal. The analysis was broken down into the impact categories listed above, and normalized so that impacts are compared relative to the greatest impact exhibited by a product for each impact category. A chart displaying the relative impacts is available within the LCA, but is not reproduced here. The LCAs for the study show that the production of biopolymers such as PLA and PHA has lower global warming potential than the production of traditional plastics. However because of the fertilizer use and pesticide use where the feedstocks are grown, as well as the chemical processing steps where the polymer is produced, biopolymer production results in greater eutrophication, eco- toxicity, and human health impacts. Polypropylene (PP) is the best performer based on the LCAs primarily because its production releases very little benzene and PM2.5, and was also the least energy demanding of the products considered. Benzene is classified as a known human carcinogen by the U.S. Environmental Protection Agency.2 2 United States Environmental Protection Agency. `Benzene." January 2012. Accessed April 23, 2013. Available at: http:// www. epa. gov /ttnatw0l/hlthef/benzene.html Appendix C 3 Summary of Life Cycle Assessments Limitations in Application of the LCA to Santa Clara County: The Tabone et al. LCA offers a low potential for bias compared to other LCAs because it was funded by a University and published in an academic journal. Though the calculated releases of benzene, toluene and PM2.5 show relative performance of the studied polymers, they lack the context necessary to conclude that one or more may have a substantially greater impact than the other. The study does not directly apply to the proposed project because it does not consider the full life cycle of the products (resins). The "Cradle -to- Gate" scope means that the manufacturing of specific products, as well as the use and disposal of the products is not considered. As a result, some materials such as polylactic acid may appear to have greater impacts relative to other materials since their potential for material recovery via compost and reuse is not incorporated into the impact calculation. Another issue with the LCA is that impacts are analyzed based on the European average for emissions resulting from crude oil and natural gas extraction, processing, and transportation. Emissions associated with these processes could differ in the United States due to the distances to the feedstock and the transportation methods used to deliver it to the manufacturing facilities. Along with the differences in energy supply between Europe and the United States, these factors are evidence that the results of these LCAs would likely differ if calculated using United States data and assumptions. Applications of the LCA to Santa Clara County: Tabone et al. show that in order to manufacture one liter of polymer in pellets, between 60 and 150 megajoules of energy are expended depending on the material. PP is the least energy intensive of the studied products, polystyrene is close to the average, and PET and PC are the highest. Though the results of the study's calculations cannot be extrapolated to make quantitative conclusions about the production of these polymers, it is helpful to know that the energy required to produce the range of plastic substitutes to EPS foam is within one order of magnitude. Ultimately, the impacts analyzed in this study such as eutrophication, carcinogenicity, acidification, smog, and eco- toxicity, are regional in nature. Since the content of the report does not specify the exact locations of the steps in polymer production, the locations of the impacts are undetermined. These impacts are likely to occur outside of Santa Clara County since there is not a large petrochemical processing industry in the area. While the study gives a broad picture of the relative impacts of resin production and the issues that arise from it, no conclusions can be drawn about environmental impacts in Santa Clara County. Conclusion: When one considers the end of life scenario, the extra steps required to foam GPPS, and the small range of energy demands for all substitutes, it becomes clear that this LCA does not show that any one substitute requires so much energy that its use in place of polystyrene foam would create a substantial increase in energy use and associated greenhouse gas emissions. Appendix C 4 Summary of Life Cycle Assessments 429 Madival et al. Assessment of the environmental profile of PLA, PET and PS clamshell containers using LCA methodology Authors: Santosh Madival, Rafael Auras, Sher Paul Singh, and Ramani Narayan Sponsor: Michigan State University, Department of Chemical Engineering and Material Science Date: May 23, 2009 Products Analyzed: PLA (NatureWorks LLC), PET, and PS Clamshells Functional Unit: 1,000 containers with a capacity of 0.4536 kg (llb) each for strawberries Impact Categories: Global Warming (CO2), Acidification (SO2), Ozone Depletion (CFC -11), Eutrophication (PO4), Respiratory Organics (ethylene), Respiratory Inorganics (PM2.5), Ecotoxicity (TEG3), Energy Use, Land Occupation Summary: The goal of this study was to compare the environmental impacts of PLA, PET and PS thermoformed containers used for strawberry packaging. The Madival et al. LCA is a "cradle -to- cradle" study that includes in its impact evaluation the extraction of the raw material, the resin production process, container formation, and end -of -life disposal. The LCA also includes shipping distance and transportation impacts for each product. The report looked at "Cradle -to- Gate" (i.e. resin production) impacts first and found that PLA had the greatest impact related to respiratory inorganics such as PM2.5. PET production was found to have the highest impacts in all production impact categories except for respiratory inorganics, respiratory organics, and aquatic acidification. The study attributes this to the greater weight of the PET containers and the transportation distance of the resin. The study includes a "Cradle-to-Grave" impact assessment which is summarized in Table C -2 below. As with the Cradle -to -Gate component of the study, polystyrene (not expanded) did not have the biggest impact in any of the categories. 3 TEG = triethylene glycol Appendix C 430 Summary of Life Cycle Assessments Table C -2 Madival et al. Strawberry Clamshell LCA Impact assessment values for 1,000 PLA, PET, and PS Containers Impact Category PLA PET PS Global wanning, kg CO2 735 763 730 Aquatic acidification, kg S02 5.66 4.97 4.87 Ozone layer depletion, kg CFC -11 9.15 x 10 -5 9.48 x 10 -5 8.71 x 10 -1 Aquatic eutrophication, kg PO4 0.0886 0.1480 0.0819 Respiratory organics, kg ethylene 1.33 1.29 1.24 Respiratory inorganics, kg PM2.5 1.31 1.26 1.22 Aquatic ecotoxicity, water, kg TEG 257,000 266,000 260,000 Energy, MJ surplus 13,400 14,000 13,500 Land occupation, m�org.arablea 10.3 11.0 9.8 a m2org.arable = square meters equivalent of organic arable land. Limitations in Application of the LCA to Santa Clara County: The Madival et al. study does not consider composting as a possible end -of -life scenario for food containers because at the time of the study, emissions data was not available. While composting emissions data may continue to be unavailable, it is important to take into account all disposal paths, especially when considering a PLA material. This is because when plastics made from plant feedstocks are composted, the carbon that went into the material is released back into the atmosphere, and the greenhouse gas impacts of the product change. Bioplastics are generally inert in landfills and act as a carbon sink in those scenarios. Multiple cities in Santa Clara County including San Jose have access to industrial scale composting facilities and could divert PLA containers to compost rather than to the landfill. The Madival et al. LCA evaluates four end -of -life scenarios as well as the `current condition.' The current scenario for disposal paths used in the study is based on the average U.S. municipal waste stream for polymers, which in 2005 resulted in 76.5 percent of polymers being landfilled and 23.5 percent being incinerated. Since the cities of Santa Clara County do not incinerate waste and since almost all of them offer a robust recycling program for disposable food ware plastics, these end -of- life assumptions are not representative of the project area. The study incorporates renewable energy credits purchased by NatureWorks LLC into the calculation of PLA greenhouse gas impacts. The integrity and reliability of the renewable energy credits is not vetted in this study so it is not clear to what extent they actually reduce global warming impacts. Furthermore the purchase of energy credits is the practice of one company (NatureWorks) and is not representative of all PLA products. Finally, and perhaps most importantly, the LCA does not consider any of the food containers that would be affected by the proposed project. Produce - containing clamshells such as those considered in the study are not made from polystyrene foam, so they would not be affected by the project. It Appendix C 6 Summary of Life Cycle Assessments 431 would be difficult to extrapolate the results of this impact assessment to apply to the food containers subject to the proposed ordinance since products differ substantially in weight and volume. Applications of the LCA to Santa Clara County: The Madival et al. strawberry clamshells study demonstrates the similarities between the life cycle impacts of PLA, PET, and PS products. No one product has an environmental impact substantially greater than another. The study also indicates that the land use and eutrophication issues typically associated with PLA products may be overstated, since PLA accounts for less phosphate release and land occupation than PET. Cnn ch i ci nn - Three similar products made from PLA, PET, and PS have life cycle environmental impacts on par with one another. When composting is not considered as an end -of -life scenario for PLA, its greenhouse gas impacts are comparable to polystyrene (unfoamed). Appendix C 432 Summary of Life Cycle Assessments Franklin Associates Life Cycle Inventory of Foam Polystyrene, Paper- based, and PLA Foodservice Products Author: Franklin Associates Sponsor: American Chemistry Council Date: February 2011 Products Anal - 16 -oz hot cups (EPS foam, LDPE- coated bleached paperboard, PLA- coated paperboard, corrugated sleeve), - 32 -oz cold cups (EPS foam, LDPE- coated paperboard, wax - coated bleached paperboard, PLA 1, PLA 2), - 9 -inch high -grade (heavy -duty) plates (GPPS foam, LDPE- coated bleached paperboard, solid PLA, molded pulp) - 9 -inch Lightweight plates (GPPS foam, LDPE- coated paperboard) - 5 -inch sandwich - clamshells (GPPS foam, fluted paperboard, solid PLA) Functional Unit: 10,000 product units Impact Categories: Energy (process, transportation, energy of material resource, and end of life credit), solid waste, greenhouse gases, water use Summary: In 2011, Franklin Associates Ltd. updated a 2006 Life Cycle Inventory in order to include an evaluation of the carbon footprint and water use of PLA food service products along with those of EPS foam and paperboard products. The scope of the report was "cradle -to- grave" and included energy credits for the various products based on their end -of -life scenarios and the national average for waste incineration (20 percent was used in this study). The PLA products studied were made by NatureWorks LLC of Blair, Nebraska. The study found that polystyrene foam products use less energy, generate less solid waste (by weight), and use less water than comparable products made from paperboard or PLA.4 The greenhouse gas and solid waste by volume impacts were mixed, with EPS foam products generally performing in the middle of the pack. 4 Since data sources did not distinguish between consumptive use of cooling water and recirculating use of cooling water, water is defined as use rather than consumption. Appendix C 433 Summary of Life Cycle Assessments Limitations in Application of the LCI to Santa Clara County: Similar to the Madival et al. LCA (2009), this LCI is limited by the inclusion of an energy credit for waste -to- energy (WTE) combustion of 20 percent of the products. Credit is also given for landfill gas recovery from decomposition of the paperboard products. Since these assumptions are made based on national data from the U.S. Environmental Protection Agency, they do not necessarily apply to Santa Clara County. The analysis of product carbon footprints includes estimates of carbon dioxide from WTE, methane from decomposition, electricity displaced by WTE, landfill gas recovery, and carbon sequestration from landfilled biomass - derived material that does not decompose. These assumptions are fundamental to the outcome of the greenhouse gas analysis in the LCI, particularly for paperboard products. No plastic or paper products collected in Santa Clara County are incinerated and landfill gas recovery is limited. Another problem with applying the results of this LCI to products consumed in Santa Clara County is that the weights of the products studied in the report are based on the averages calculated for the original 2006 study as well as some PLA product samples. The study includes a disclaimer on the first page of the executive summary that says in boldface print: "...the results of this study should not be used to draw general conclusions about comparative results for the full range of product weights available in each product category." Since the proposed project would apply to polystyrene foam foodservice products of all weights and volumes, applying the results of this study to all products would be in conflict with the disclaimer made at the beginning of the report. Applications of the LCI to Santa Clara County: According to this LCI, bioplastics such as PLA have much lower greenhouse gas impacts when they are landfilled rather than incinerated. This is because the atmospheric carbon that went into the corn feedstocks would be sequestered when PLA products are landfilled. On the other hand, the study shows that the most sustainable end -of -life scenario for EPS foam products, which are made from hydrocarbons extracted from petroleum, is incineration. Conclusion: Due to its high air content and low density, EPS foam creates less solid waste by weight than paperboard or PLA products. By volume, EPS foam generates approximately as much solid waste as paperboard products. The use of corrugated sleeves for paperboard hot cups causes them to have much higher solid waste and energy impacts. Appendix C 9 Summary of Life Cycle Assessments 434 Kuczensl et al. Plastic Clamshell Container Case Study Authors: Brandon Kuczenski, Roland Geyer, Matthew Trujillo Sponsor: California Department of Resources Recycling and Recovery (CalRecycle) Date: May 2012 Products Anal EPS, GPPS, PET, PP, and PLA clamshell containers Functional Unit: 1,000 clamshell containers Impact Categories: Energy Use, Greenhouse Gas Emissions Summary: This study was prepared in 2012 to support CalRecycle's efforts in greenhouse gas emissions accounting as the State of California implements AB 32, the State's global warming law. The report studied the full life -cycle of clamshell containers by calculating "cradle -to- gate" greenhouse gas emissions, forward logistics (transportation and distribution) emissions, end -of -life management emissions, and emissions reductions from displaced production due to recycling. Results of this LCA show that PLA clamshells have the lowest greenhouse gas (GHG) emissions when all product types are landfilled. If PLA is composted, it emits nearly as much as the most carbon - intensive plastic, PET. PET has the highest pre- consumer greenhouse gas emissions and the highest if landfilled, but it has the lowest impacts when it is assumed that the containers are recycled in- State. EPS foam is among the lowest in energy demand. The results are shown in more detail in Table C -3, below. Appendix C 10 Summary of Life Cycle Assessments 435 Table C -3 Kuczenski et al. Plastic Clamshell Container Study Life -cycle greenhouse gas emissions and energy demand for different polymers Material No- Recovery Total In -State Recovery Totals Greenhouse Gas Emissions (kg CO2e per 1,000 clamshells) EPS Foam 53.6 64.4 -69.9b GPPS 51.8 50.0 -50.9b PET 80.7 43.0 -51.2b PP 61.1 57.9-59.5b PLA 41.5 77.2 Energy (Megajoules per 1,000 clamshells) EPS Foam 1,222 963 -993b GPPS 1,169 1,012- 1,189b PET 2,040 979- 1,705b PP 1,846 1,568- 1,882b PLA 1,802 1,806 a This scenario calculates the greenhouse gas emissions of the products if they are recovered rather than landfilled. For non - recyclable materials, this means either waste -to- energy conversion (EPS foam) or in the case of PLA, composting. 'Ranges provided reflect two mutually- exclusive end -of -life pathways. The former number indicates the environmental benefits through avoided production and landfilling; the latter indicates the environmental benefits through displaced economic activity. Limitations in Application of the LCA to Santa Clara County: The primary reason why this LCA does not completely apply to the proposed project is that it models life -cycle emissions of the products for scenarios in which either 100 percent of the products are landfilled or 100 percent are recovered through diversion including: waste -to- energy conversion, recycling, and /or composting. Neither of these scenarios resembles the real life -cycle of clamshell containers in Santa Clara County. Therefore, the calculated emissions per 1,000 clamshells in this study are not an accurate estimate of the actual emissions associated with clamshells in the project area. Another issue with the LCA is that it only studies clamshell containers, whereas the proposed project would apply to all disposable foam foodservice ware. The emissions associated with disposable cups and plates could vary based on the production processes, the distance required to transport the materials to their respective manufacturing sites, and the recovery options available for the products. Applications of the LCA to Santa Clara County: This study provides further evidence about the role of the end -of -life scenario in evaluating PLA products' greenhouse gas impacts. When PLA products are landfilled, they can sequester carbon from the active carbon cycle to the geologic carbon cycle. Based on this study, when composted, the Appendix C 11 Summary of Life Cycle Assessments 436 greenhouse gas emissions associated with PLA nearly double. In contrast, the greenhouse gas emissions associated with PET decline by nearly 50 percent when PET is recycled. Polypropylene impacts are reduced by recycling as well, though not to the same degree as the impacts of PET. As stated above, the end -of -life scenarios considered do not represent the current waste disposal situation in Santa Clara County. However they do show the best and worst case scenarios for each plastic clamshell. In the case of EPS foam clamshells, which are not recovered in the project area, the estimation for greenhouse gas emissions and energy use is likely the best estimate of any of the LCAs described in this Appendix. Conclusion: Regardless of end -of -life scenario, GPPS clamshells have lower greenhouse gas emissions, and PET clamshells can as well depending on to what extent they are recycled. The study clearly shows that PP clamshells have greater greenhouse gas impacts than EPS foam clamshells do. If landfilled, PLA clamshells also have much lower greenhouse gas impacts than their EPS foam counterparts. Therefore, replacing EPS foam clamshells with plastic substitutes has the potential to reduce greenhouse gas impacts if PET is recycled at a high rate and PLA is landfilled. Appendix C 12 Summary of Life Cycle Assessments 437 PlasticsEurope Environmental Product Declarations of the European Plastics Manufacturers Author: PlasticsEurope — Association of Plastics Manufacturers Sponsor: PlasticsEurope — Association of Plastics Manufacturers Dates: 2008 - 2012 Types of Plastic Anal GPPS, LDPE, HDPE, PP, and PET Functional unit: One kilogram (kg) of each type of polymer Impact Categories: Non - Renewable Materials (minerals, fossil fuels, and uranium), Renewable Materials (biomass), Water Use in Processing, Non - renewable Energy Resources, Renewable Energy Resources (biomass), Waste (non - hazardous, hazardous), Global Warming Potential, Ozone Depletion Potential, Acidification Potential, Petrochemical Ozone Creation Potential, Nutrification Potential (eutrophication), Dust /Particulate Matter, Total Particulate Matter Summary: The plastics industry in Europe prepared ISO 14025 compliant life cycle inventories (LCIs) for a number of plastic resins.5 These analyses identify the impacts from production of various types of plastics. The LCIs do not include the impacts of turning the plastic pellet feedstocks into completed food containers, but they do allow for a comparison of the impacts from the production of each type of plastic most commonly used for cups, plates, and clamshells. According to the PlasticsEurope data, PET pellet production has substantially greater emissions and water use than unfoamed GPPS and PP pellet production does. Production of PET pellets requires ten times more water than GPPS (unfoamed) pellets and approximately 1,000 times more water than the production of PP pellets. The acidification potential of PET, as measured in sulfur dioxide equivalents, is close to three times greater than that of GPPS. Dust and particulate matter emissions from PET production are ten times greater than GPPS production. Table C -4 contains more in -depth results of the LCIs. s ISO is the International Organization for Standardization. ISO 14025:2006 establishes principles for the use of environmental information, primarily intended for use in business -to- business communication, but their use in business -to- consumer communication under certain conditions is not precluded. Appendix C 13 Summary of Life Cycle Assessments Table C -4: PlasticsEurope: Excerpts from Life Cycle Inventories Polymer Comparisons Indicator LDPE HDPE PP PET GPPS Non - renewable materials -Minerals 4.2g 2.6g 1.8g 2.9g - •Fossil fuels 1,591.3g 1,595.7g 1,564.5g 1,715.Og - •Uranium 0.009g 0.006g 0.005g 0.009g - Renewable materials 10.79g 8.70g 5.13g 15.34g - (biomass) Water use in processing 2,934g 3.3 8g 4.79g 4,828g 510g Non - renewable energy resources as upper heating value -For energy 25.3MJ 21.7MJ 20.4MJ 42.5 MJ 33.96 -37.96 MJ -For feedstock 51.6MJ 54.3MJ 52.6MJ 39.8 MJ 44.3 -48.3 MJ Renewable energy resources (biomass) -For energy 1.2MJ 0.8MJ 0.4MJ 0.6MJ 0.52MJ -For feedstock 0 0 0 0 0 Waste -Non-hazardous 0.034kg 0.032kg 0.024kg 0.089kg 0.015kg -Hazardous 0.005kg 0.006kg 0.005kg 0.004kg 0.00055kg Global Warming Potential 2.13kg 1.96 kg 2.00kg 3.49 kg 2.25kg COzeq CO2eq CO2eq CO2eq CO2eq Ozone Depletion Potential n/a n/a n/a n/a 0.000016g CFC -11 eq Acidification Potential 7.74g 6.39g 6.13g 15.59g 5.38g SOzeq SO2eq SO2eq SO2eq SO2eq Petrochemical Ozone 1.19g 1.23g 0.92g 2.43g 0.85 g ethene eq Creation Potential ethene eq ethene eq ethene eq ethene eq Nutrification Potential 0.50g 0.43g 0.74g 1.03g 0.48g PO4eq (eutrophication) PO4eq PO4eq PO4eq PO4eq Dust/Particulate Matter 0.69g PMIO 0.64g 0.59g 1.94g 0.15g PMIo PMio PMio PMio Total Particulate Matter 0.70g 0.64g 0.60g 1.95g 0.17g PMio g = grains kg = kilograms n/a = entries are below quantification limit mj = megajoules eq = equivalent Appendix C 14 Summary of Life Cycle Assessments 439 Limitations in Application of the LCIs to Santa Clara County: The LCIs contain a cradle -to -gate analysis, meaning they only consider environmental effects resulting from the manufacturing process up until the material leaves the factory. The reports do not include analysis of environmental effects related to creating, using, or disposing food containers. The information is provided in this Initial Study because it is among the best available for all of the plastic feedstocks under discussion, and it allows comparison between the materials; it is not similar or comparable to the complete life cycle analyses discussed elsewhere in this Initial Study, which generally address more than just the source materials. Additionally, the reports state that the information was gathered from European processors and manufacturers. This information may or may not be the same as the processing done for the products available to the American food service industry. Air and water emissions regulations differ between Europe and the United States. The type of energy sources used to produce electricity play a substantial role in determining the environmental impact of plastic production, and that differs between Europe and the United States too. Applications of the LCIs to Santa Clara County: The data supporting the PlasticsEurope LCIs was provided by various plastics producers in the European industry and represents the industry averages. In the case of GPPS, the data covers 95 percent of the European GPPS production capacity.6 Since the LCA data covers so much of the European industry, factors such as electricity sources and transportation distances which are typically variable should be more constant and allow for comparison of the production impacts of each pellet. Thus the data in Table C -4 and summarized on page 16, above, provides a fairly accurate comparison of PET, GPPS, PP, and HDPE /LDPE. Conclusions: When the sources of energy and transportation distances are relatively constant, the production of PET resin pellets results in substantially higher water use, global warming potential, acidification, and particulate matter emissions. However as demonstrated by other LCAs summarized in this appendix, product manufacturing, consumption, and end -of -life stages of plastic products is determinative of the product's life cycle impacts. Therefore the outcomes of these LCIs cannot be used to say decisively that one product has a greater environmental impact than another. 6 PlasticsEurope. "Environmental Product Declarations of the European Plastics Manufacturers: General Purpose Polystyrene (GPPS) and High - Impact Polystyrene (HIPS)." November 2012. Page 3. Available at: http: / /www.plasticseurope.org /plastic s- sustainabilily /eco- profile s /browse -by- list.aspx Appendix C 15 Summary of Life Cycle Assessments ..N Zabaniotou, A. & Kassidi, E. Life cycle assessment applied to egg packaging made from polystyrene and recycled paper Authors: A. Zabaniotou, E. Kassidi Sponsor: Aristotle University of Thessaloniki Date: October 25, 2002 Products Anal 6 -egg eggcup containers (EPS foam and recycled paper) Functional Unit: 50,000 6 -egg eggcups (1.1 metric tons recycled paper, 0.75 metric tons polystyrene) Impact Categories: Greenhouse Warming Potential, Ozone Depletion Potential, Acidification Potential, Nutrient Enrichment, Summer Smog, Winter Smog, Carcinogenic Substances, Heavy Metals Summary: This 2002 LCA studied the material and energy inputs and subsequent air and water emissions from the production of eggcup packaging. In this way the study was more like an LCI than an LCA. The systems studied are in Greece and Europe, and the study uses data derived from other European countries. This LCI does not include the transportation, distribution, use, or disposal phases of the product life cycles; therefore it is a "Cradle -to- Gate" study. Zabaniotou and Kassidi found that polystyrene foam eggcup production produced seven times more NO. and 16 times more SOX than the production of recycled paper eggcups. Recycled paper eggcup production resulted in twice as much solid waste and twice as much heavy metal waste (e.g. lead, cadmium, and nickel). Relevant data from the study is provided in Table C -5, below. Table C -5 Zabanioutou & Kassidi Eggcup Container Study Selected Material Input and Emissions Data Polystyrene Foam Recycled Paper Raw Materials Fuel 718 m3 358 m3 Natural Gas 715 m3 18.5 m3 Waste Paper - 1,500 kg Energy Feedstock Total Energy 84,548 MJ 38,288 MJ Air Emissions CH4 (methane) 3.4 kg 1.6 kg CO2 (carbon dioxide) 2,952.5 kg 1,788.0 kg N20 (Nitrous oxide) 11.5 g 16.3 g NOX (Nitrogen oxides) 32.7 kg 4.2 kg SOX (Sulfur oxides) 95.0 kg 5.8 kg Appendix C 16 Summary of Life Cycle Assessments 441 Limitations in Application of the LCI to Santa Clara County: This LCI has limited relevance for the proposed project, because it does not include any products that would be affected by the proposed project. It is included in this Appendix because there is a small amount of available life cycle information about the environmental impacts of paper food packaging production. The main issues with this LCI are the lack of definitions, the geographic region studied, and assumptions made for the data. For example, the study does not define the quantity of recycled content used in the paper eggcups, so the reader is left to assume that they are made of 100 percent recycled paper. One of the measurements, `fuel,' is also undefined. Fuel is implied to mean a petrochemical, but it is measured in kilograms and cubic meters in two separate places in the study, which means it could be a solid, liquid, or gaseous petroleum product. Zabaniotou and Kassidi study eggcups in Greece and polystyrene production in Europe. The transportation of raw materials as well as the composition of the energy supply in Europe likely differs from the production of eggcups sold in the United States. The authors also note that the data used for their calculations was not readily available, so they relied on a European model that represents the average European production scenario. Applications of the LCI to Santa Clara County: The results of the study can be used at a general level to compare EPS foam and recycled paper, but it would be speculative to make any conclusions about cups, plates, bowls, and clamshell containers based on the eggcup study. This study shows that to produce 1.1 metric tons of recycled paper eggcup containers, 1.5 metric tons of recycled paper is used. The study does not provide enough context to show whether 73 percent efficiency feedstock efficiency is representative of recycled paper products in general. Conclusions: The scope of this study and the data used to support the calculations have limited applications for the proposed ordinance. This study supports the hypothesis that producing products with recycled paper requires less energy than producing EPS foam products, but it does not prove it conclusively for the products used in the project area. Appendix C 17 Summary of Life Cycle Assessments 442 Franklin Associates Life Cycle Inventory of 16 -ounce Disposable Cups Author: Franklin Associates Sponsor: MicroGREEN Polymers Date: February 19, 2009 Products Anal EPS cup, LDPE- coated Paperboard cup, LDPE- coated Paperboard cup + corrugated sleeve, and RPET SMX (recycled PET solid -state microcellular expansion) foam Functional Unit: 10,000 16 -ounce cups Impact Categories: Solid waste (weight and volume), Energy, Global Warming Potential Summary: In 2009 Franklin Associates prepared a Life Cycle Inventory for MicroGREEN Polymers, the producers of the RPET SMX foam cup. The LCI compares the RPET cup to polystyrene foam and coated paperboard cups. The study includes the impacts associated with the packaging for the cups as well. Two ISO - compliant approaches are used to model the effects of recycled- content and end - of -life recycling. The data included below is from the "Postconsumer free" approach that allocates the impacts of disposal to the current system unless the product can be recycled, in which case the ultimate burdens leave the studied system. The alternative approach assumes subsequent uses for all products, but since it does not resemble the waste disposal system in the project area it is not included here. The report found that RPET SMX and EPS foam cups had lower impacts in all categories than coated paperboard cups, with or without sleeves. Packaging for EPS foam cups resulted in the greatest impacts across all categories when compared to the packaging of other products. The data summarized in Table C -6 below does not incorporate energy credits for the products since the end - of -life assumptions made in the study do not reflect the actual end -of -life scenarios in Santa Clara County (e.g. energy credit for incinerating EPS foam). Appendix C 18 Summary of Life Cycle Assessments 443 Table C -6 Franklin Associates 16 -oz Hot Cup Study Life Cycle Impacts of 10,000 Cups — Postconsumer Free Approach Total Global Warming Solid Waste (Weight) Solid Waste (Volume) Energy Potential (Pounds (Pounds) (Cubic feet) (Million Btu) of CO2e) RPET SMX 4.65 768 205 8.66 EPS 7.46 780 136 10.49 Coated Paperboard 8.62 798 354 10.65 Coated Paperboard + Corrugated 10.34 1,215 483 14.70 Sleeve Limitations in Application of the LCI to Santa Clara County: This study assumes that EPS foam and paperboard products were made entirely from virgin materials whereas the RPET is modeled to contain 100 percent post- consumer resin. Coated paperboard cups can include post- consumer recycled content, which would affect the environmental emissions from their production. The study also relies on the Franklin Associates database for corrugated packaging using industry average data. Data for EPS foam resin production comes from the U.S. LCI database and data for RPET SMX production comes from MicroGREEN, the sponsor of the study. These data sources introduce the potential for bias, which could weigh the results in favor of the sponsors of the study. The difficulty in applying this study to the proposed project arises out of the fact that the functional unit is 10,000 hot cups. At this time, the City of San Jose does not have the information necessary to estimate how many of each type of EPS foam product are used in the project area. The life cycle impacts of clamshells, plates, and bowls, are likely different than the 16 -ounce hot cups studied. This makes it difficult to extrapolate from the results and apply any quantitative analysis to the proposed project and the substitute products. Applications of the LCI to Santa Clara County: This study shows that while paperboard cups and EPS foam cups yield similar volumes of solid waste when disposed, paperboard is much heavier and results in slightly greater greenhouse gas emissions. The effects of the corrugated sleeve on the impacts of paperboard hot cups are substantial; corrugated sleeves cause an approximately 50 percent increase in global warming potential and a 40 percent increase in the volume of solid waste. Since most people use corrugated sleeves when drinking hot beverages from paper cups, it is reasonable to assume that the two should be evaluated together when considering hot cups. Appendix C 19 Summary of Life Cycle Assessments iii Conclusion: The corrugated sleeves used with coated paperboard hot cups account for a substantial portion of the greenhouse gas and solid waste impacts of the cups. While the greenhouse gas emission margins between 16 -ounce paperboard cups and EPS foam cups are small, it is reasonable to conclude based on this study that paperboard cups with corrugated sleeves account for greater greenhouse gas emissions than EPS foam cups. Appendix C 20 Summary of Life Cycle Assessments 445 PE Americas Comparative Life Cycle Assessment IngeoTM biopolymer, PET, PP Drinking Cups Author: PE Americas Sponsor: NatureWorks LLC & Starbucks Date: December 12, 2009 Products Anal IngeoTM PLA, PET, and PP Functional Unit: One 16 -ounce cold drinking cup and flat lid Impact Categories: Energy Use, Global Warming Potential, Acidification Potential, Eutrophication Potential, Summer Smog, Water Use, Summary: In 2009, PE Americas prepared this study for Starbucks, which was considering integrating sustainable packaging materials into its cold beverage cup designs. Starbucks currently uses PET cups and lids, but could replace it with the NatureWorks IngeoTM biopolymer. Polypropylene is also included in the study. This LCA evaluates the cradle -to -gate production of the polymer pellets, the transportation and conversion of the pellets, the transportation of the cups and lids to Starbucks shops, and disposal of the cups into landfills. Two different weights are considered for both PP and PLA products. Data was not available for energy used in IngeoTM production, so IngeoTM is modeled based on the information as provided for PP and PET. Since the results are presented graphically and do not include specific data points, the impact results are provided in the table below based on relative rank. The results of the study show that the PET cup and lid have the highest energy use, global warming potential, and photochemical ozone creation potential (summer smog) of the products considered. The IngeoTM 14.4g cup and 2.32g lid combination with the PET energy data applied has the greatest acidification and eutrophication potential and also uses the most water. In general, the traditional plastics (PET and PP) have more impacts related to energy, smog, and global warming than the IngeoTM products do. On the other hand, the IngeoTM products use more water and cause more water quality impacts than traditional plastics. Appendix C 21 Summary of Life Cycle Assessments M Table C -7 PE Americas Cold Cup LCA Relative Performance of One 16 -oz Drinking Cup and Lid PET Polypropylene IngeoTM 15.5g/2.5g 13.18g/2.12g 12.73g/2.05g 13.6g / 2.19g 14.4g / 2.32g PETb PPb PETb PPb Energy 1 2 3 5 7 4 6 GWP 1 2 3 5 7 4 6 Acidification 4 6 1 7 2 5 1 3 Eutrophication 5 6 7 3 4 1 2 Summer Smog 1 3 6 4 7 2 5 Water Use 4 5 6 2° 3 1 2� a Rankings are in order of greatest to lowest impact. For example, PET uses the most energy, whereas the 14.4g/2.32g IngeoTM (with PET energy data) uses the most water. A `7' represents the most favorable outcome for the products studied. b The PET and PP scenarios for the IngeoTM polymer apply production energy data for PET and PP to the IngeoTM production process. ° These two products' life cycles use approximately the same amount of water. Limitations in Application of the LCA to Santa Clara County: This study examines very specific transportation and production scenarios associated with Starbucks cups and lids. All pellets are assumed to be transported to a Solo Cup Company facility (manufacturer of Starbucks cups) and all final products are assumed to be transported to a Starbucks distribution center. Thus the study does not apply to all products that would be affected by the proposed project. Another limitation of the study is the lack of energy data for IngeoTM production. Assuming that the energy used for IngeoTM is similar or identical to the energy used for PET and PP serves a comparative purpose, but does not provide a definitive result about which products use the most energy or have the biggest impacts. Finally, the study assumes that all products are landfilled. This simplifies the comparison, however it is not representative of the current waste disposal options available in Santa Clara County. Many people favor PLA products because they assume they will be composted (an end -of -life scenario that actually increases the greenhouse impacts of PLA products). Though the industrial composting capacity of the County is limited, it is not insignificant. Also, PET and PP are both widely recycled in California and are accepted at recycling facilities in Santa Clara County. Applications of LCA to Santa Clara County: Though Starbucks does not use or distribute polystyrene foam food ware at its stores, the results of this study reveal the differing environmental impacts between substitute product materials. PET has the highest energy use and global warming potential of the polymer materials, which is similar to the results of other studies summarized in this Appendix. The IngeoTM PLA products perform well in those categories, but those results could be different if they were assumed to be landfilled and if measured energy data from its production were used in the LCA. Appendix C 22 Summary of Life Cycle Assessments 447 The PLA products considered in this study use the most water and have the biggest impacts on water quality. This is most likely due to the production of the corn feedstock, which typically involves the use of pesticides and fertilizers. One thing this study shows clearly is that for two products of the same material type, the lighter the product the lower the impact. This makes sense since they both use the same materials and weight reflects the amount of feedstock used to make the product. Conclusions: The assumed end -of -life scenario for the products in this study lends bias to the PLA products. PET is typically recycled and PLA can be composted in many parts of Santa Clara County. Under those circumstances, PET would have lower energy use and PLA would have a higher global warming potential. Therefore the results of this study should not be applied to the proposed project. Appendix C 23 Summary of Life Cycle Assessments ..• Appendix D Summary of Available Information On Disposable Food Containers 450 A SUMMARY OF AVAILABLE INFORMATION ON DISPOSABLE FOOD CONTAINERS Prepared by David J. Powers & Associates, Inc. For City of San Jose July 2013 451 DISPOSABLE FOOD WARE The project proposes to ban the use of expanded or extruded polystyrene (EPS) foam food service ware by individuals, restaurants, and other entities within participating jurisdictions in Santa Clara County. Foam food service ware products generally include hot and cold cups, bowls, plates, clamshells, and in some cases food trays.' Some jurisdictions may also choose to adopt ordinances restricting EPS foam food ware sales in stores and retail outlets. A restriction on sales of EPS foam coolers or ice chests could also be included in ordinances adopted by participating jurisdictions. The City of San Jose and other participating jurisdictions are not proposing to specify which materials must be used as alternatives to EPS foam containers, and there are a wide variety of substitutes available for purchase both locally and on the internet. The result of the proposed project would be a decrease in the use of EPS foam, though overall use of disposable food service ware is not expected to decrease. The food service ware products identified during preparation of this Initial Study and available for sale to the general public include a variety of plastics, paper materials, paper materials lined with plastics, and bioplastics. Many of these products are made from virgin materials (i.e. newly - produced); many others contain pre- consumer and /or post- consumer recycled content. Predicting which substitutes would be selected by food vendors and consumers is not as straight - forward as looking at the price because the characteristics of the materials (e.g. durability, water resistance, insulation) are also factors in the selection process. As with EPS foam food service ware, the environmental impacts of the substitutes arise from raw material extraction and processing, product manufacturing, the use and disposal of the products, and the transportation associated with each step of the product life - cycle. Since the City of San Jose cannot predict exactly which materials would replace EPS foam in the local food service industry, the following discussion is provided to characterize the available substitutes and to summarize what is known about their environmental impacts. ' A clamshell is a foldable, closable container that holds food ranging from sandwiches to take -out dinners. Appendix D 452 Summary of Disposable Food Ware Manufacturing Disposable Foodservice Ware Plastic Products Many plastic products already exist that could replace polystyrene foam plates, bowls, cold drink cups, lids, and clamshells. A range of plastic resins can be used to manufacture these products, though the most common plastics used are polypropylene (PP), general purpose polystyrene (GPPS, unfoamed), and PET (polyethylene terephthalate). In most jurisdictions within Santa Clara County, these plastic materials are recyclable regardless of food contamination and are used widely along with EPS foam. Other plastics that could be used to produce foodservice ware include polyvinyl chloride (PVC), low- density and high - density polyethylene (LDPE and HDPE), and polycarbonate (PC). The European plastics industry prepared Life Cycle Inventories (LCIs) for a number of plastic resins including GPPS. Though the LCIs do not include the impacts of turning the resins into completed products, they allow for a comparison of the impacts of manufacturing each type of plastic commonly used for food ware. The data used for these LCIs is from European plastic manufacturers, which may or may not closely resemble processes used by the manufacturers that produce the disposable food ware available to United States buyers. For example, one of the biggest differences between manufacturers can be the sources of energy used for the production process. Using electricity from coal versus electricity from nuclear power would substantially alter the impacts from plastic production. The following data from the European plastics industry is provided because it is among the best available for all of the plastic resin feedstocks under discussion, and because it allows comparison of materials. Data from other studies is provided in Appendix C of this Initial Study as well as later in this Appendix. Appendix D 2 Summary of Disposable Food Ware 453 Table D -1: PlasticsEurope: Excerpts from Life Cycle Inventories Plastic Comparisons Indicator LDPE HDPE PP PET GPPS Non - renewable materials -Minerals 4.2g 2.6g 1.8g 2.9g -Fossil fuels 1,591.3g 1,595.7g 1,564.5g 1,715.Og Data not available -Uranium 0.009g 0.006g 0.005g 0.009g Renewable materials 10.79g 8.70g 5.13g 15.34g Data not available (biomass) Water use in processing 2,934g 3.38g 4.79g 4,828g 510g Non - renewable energy resources as upper heating value -For energy 25.3MJ 21.7MJ 20.4MJ 42.5 MJ 33.96 -37.96 MJ -For feedstock 51.6MJ 54.3MJ 52.6MJ 39.8 MJ 44.3 -48.3 MJ Renewable energy resources (biomass) -For energy 1.2MJ 0.8MJ OAMJ 0.6MJ 0.52MJ -For feedstock 0 0 0 0 0 g = grains MJ = megajoules The information in Table D -1 shows environmental performance indicators associated with the manufacture of one kilogram (kg) of each type of plastic indicated. It is not possible, based on the information available to the City of San Jose, to state that one of these five plastic resins results in a much greater environmental impact than the other. There is not enough context for the manufacturing activities to know how applicable they are to products sold and used in the United States and Santa Clara County. Polystyrene (PS) and PET appear to use comparable amounts of energy for production, however PS uses much less water and generally has smaller environmental impacts. The production of polypropylene (PP) uses much less water and energy than PS or PET do, however it uses more non- renewable energy resources for its feedstock than PS does. Appendix D 454 Summary of Disposable Food Ware Paper Products Paper products are commonplace among disposable food service ware used by consumers and food vendors. Cold cups, hot cups, and bowls are usually made of paperboard lined with either wax or a thin layer of polyethylene. The lining acts as a non - porous layer and prevents the paper from absorbing fluids in the food. Hot cups are typically used along with a corrugated sleeve in order to insulate the user's hands from the temperature of the cup. Plates and clamshells can also be made with paperboard, though most are made from molded pulp or fiber that can also be lined. Paper products can be produced with virgin pulp or recycled pulp (pre- consumer and /or post- consumer) or a combination of the two. There is limited information available about the life cycle environmental impacts of paper food service ware products. The information below comes from studies sponsored by the plastics industry and one academic study that examines eggcups, a product which would not be affected by the proposed ordinance. See Appendix C for further details on these studies. Table D -2 Zabanioutou & Kassidi Eggcup Container Study Material Input and Emissions Data For 50,000 6 -egg Eggcup Containers Polystyrene Foam I Recycled Paper Raw Materials Fuel 718 m3 358 m3 Natural Gas 715 m3 18.5 m3 Waste Paper - 1,500 kg Total Energy 84,548 MJ 38,288 MJ Air Emissions CH4 (methane) 3.4 kg 1.6 kg CO2 (carbon dioxide) 2,952.5 kg 1,788.0 kg N20 (Nitrous oxide) 11.5 g 16.3 g NOX (Nitrogen oxides) 32.7 kg 4.2 kg SOX (Sulfur oxides) 95.0 kg 5.8 kg Based on Zabanioutou and Kassidi's study of the life cycle of eggcup containers in Greece, recycled paper requires much less raw material and energy than polystyrene does. As a result it causes fewer nitrogen and sulfur oxides and greenhouse gases to be released. The study shows that recycled paper eggcup production results in more nitrous oxide emissions than polystyrene foam eggcup production does. The applications of this study to the proposed ordinance are limited by its scope, but it shows some of the key emissions from the manufacturing process. Two studies by Franklin Associates conclude that paperboard products have higher life -cycle environmental impacts than polystyrene foam. One of the two studies was sponsored by MicroGREEN Polymers to compare their 16 -ounce recycled PET hot cup to similar EPS foam and paperboard cups. The data from this 2009 report is shown in Table D -3 below. Appendix D 4 Summary of Disposable Food Ware 455 Table D -3 Franklin Associates 16 -oz Hot Cup Study Life Cycle Impacts of 10,000 Cups — Postconsumer Free Approach Total Global Warming Solid Waste Solid Waste Energy Potential (Pounds (Weight) (Pounds) (Volume) (Cubic feet) (Million of COze) Btu) RPET SMX 4.65 768 205 8.66 EPS 7.46 780 136 10.49 Coated 8.62 798 354 10.65 Paperboard Coated Paperboard + 10.34 1,215 483 14.70 Corrugated Sleeve According to this study, coated paperboard hot cups with a corrugated sleeve require the use of almost 50 percent more energy than EPS foam cups during their life - cycle. They also yield far greater waste both by weight and by volume. A separate 2011 study by Franklin Associates and sponsored by the American Chemistry Council shows that 16 -ounce low- density polyethylene (LDPE) coated paperboard hot cups use more energy than EPS cups do. Other impact categories discussed in the 2011 study such as solid waste and global warming potential show similar results. Figure D -1: Select Data from 2011 Franklin Associates LCA Energy for 16 -oz Hot Cups (10,000 average weight cups) 13 12 11 10 9 Z 8 c a b 5 4 2 1 0 yet net 1j EPS LDPE Ppbd LDPE Ppbd LDPE Ppbd LDPE Ppba 4.79 13.3g 13.38 +4.lgsleeve +4.1gslewe mss demp 0%demmp masdemmp 0 %decomp Each life cycle assessment or inventory uses different parameters that limit the applicability of the life cycle analysis to the products being studied. Paper products generally seem to require more energy and generate more waste than EPS foam, though their performance can depend on recycled content and the disposal path. Paper products are also compostable and biodegrade in the marine environment. Appendix D 5 Summary of Disposable Food Ware 456 Bio -based Products A recent trend in the disposable food service ware industry has been to make products out of materials derived from plants such as corn, sugar cane, and wheat. Two bio -based materials, polylactic acid (PLA) and bagasse, provide alternatives to plastic and paper, respectively. Polylactic acid is a polymer derived from corn starch and for a long time was only produced by NatureWorks LLC in Blair, Nebraska. That is changing as more producers enter the market. Bagasse is a dry fibrous residue that remains after juice is extracted from the crushed stalks of sugar cane. Since PLA and bagasse can serve as substitutes for plastic and paper, they can substitute for PS foam food service ware products in ways similar to plastic and paper products. According to WorldCentric, a manufacturer of bio -based foodservice ware, producing bio -based materials uses much less energy and water than producing EPS foam. On the other hand, producing bio -based products uses more water than producing substitute plastic products. Table D -4 from their website is shown below. Table D -4 WorldCentric Eco- rofiles for different materials Manufacturing One Pound of Energy Water Used Solid Waste CO2 Emissions the Material (gals) (lbs) (lbs) (kWh) Wheat -Straw 0.66 13.33 n/a 0.69 Sugarcane Bagasse 1.73 14.41 n/a 1.71 Corn PLA 5.37 8.29 0.042 1.3 Virgin Coated Paperboard (SBS) 5.2 12.38 2.33 3.2 100% Recycled Paperboard (SBS) 3.06 3.53 1.34 1.71 PET (Polyethylene) 10.28 7.45 0.087 2.81 PP (Polypropylene) 9.34 5.12 0.029 1.67 EPS (Polystyrene / Styrofoam) 11.28 20.54 0.113 2.51 a Source: WorldCentric. "Energy Savings." 2013. Accessed April 17, 2013. Available at: htW:// www .worldcentric.org /sustainabiliiy /energy- savings - All eco- profiles for plastics are referenced through PlasticsEurone - IngeoTM PLA eco - profile data is referenced from NatureWorks LLC - Paperboard data is referenced from Environmental Paper Network Calculator - Since Sugar Cane and Wheat Straw fiber are discarded agricultural by- products and the plants not grown exclusively for making compostable tableware products, WorldCentric only takes energy & resource and emissions data from field to factory gate. - Bagasse and Wheat Straw data is actual manufacturing data. The WorldCentric eco - profiles do not include the impacts associated with the manufacture, transportation, use, and disposal of the products, which could substantially alter the results. The profiles also treat sugar cane and wheat straw fiber as by- products, so the calculations do not include the energy and water used to grow the sugar cane and wheat straw. Further information on the life cycle impacts of bio -based products can be found in Appendix C of this Initial Study. Appendix D 6 Summary of Disposable Food Ware 457 Divertability The waste disposal paths available to consumers within the project area vary based on the jurisdiction and waste collection provider. The end -of -life scenario for a given product plays an important role in determining its environmental impact. For example when a plastic product is recycled and reused, it displaces a certain amount of plastic that would otherwise need to be newly - produced. The environmental benefits of that displacement are credited to the recycled product, reducing its individual environmental impact. On the other hand if that plastic product is landfilled, then none of the energy or resources that were expended for its production are recovered. The end of life scenario of a product is an especially important factor in determining the greenhouse gas impacts of PLA products. According to Kuczenski et al., PLA remains inert in landfills but can release its full carbon content as carbon dioxide in municipal and commercial composting facilities.' Since PLA is made from plants, plants which capture atmospheric carbon in order to grow, if it is landfilled it serves as a carbon sink. However if PLA is composted then the carbon that was initially captured by the plants is ultimately released back into the atmosphere, which recycles carbon that has been part of the `active' carbon cycle (as opposed to carbon from petroleum fossil fuels released from the `geologic' carbon cycle (as opposed to carbon from petroleum fossil fuels released from the `geologic' carbon cycle) and does not represent a net change in atmospheric carbon levels. There are no facilities in Santa Clara County that incinerate waste and convert the heat into electricity or another form of usable energy. Some facilities perform methane recovery, but in general if a product is landfilled then the energy and resources that are contained in the product are also disposed. The following table indicates the waste disposal paths that would be followed by EPS foam and substitute foodservice products made from plastics, fibers, and compostable plastics. Some jurisdictions are in the process of adding composting programs or testing composting programs for various sectors. ' Kuczenski et al. "Plastic Clamshell Container Case Study." May, 2012. Page 8. Appendix D 7 Summary of Disposable Food Ware EM Table D -5 Food Service Ware Disposal Path by Material Type and Sector for Jurisdictions in Santa Clara County Material Type Fiber Compostable EPS Rigid Plastic Jurisdiction Sector (Paper, Plastic Foam (PET, PP, PS) Bagasse) PLA Single Family Recycled d Residential Landfill separated p source s t arat ed a Landfill Landfill (SF Res) Recycled Multi - Family Source separated Composted Compostable Residential Landfill or post- collection Post - collection Post - collection (MF Res) MSW (Municipal MSW MSW San Jose Solid Waste) processing processing rocessin Commercial Composted Potentially (Comm) Landfill Recycled Post - collection Compostable processing Composted If Composted If Special Events Landfill Recycled source source separated separated SF Res Landfill Recycled if Landfill Landfill source separated MF Res Landfill Recycled if Landfill Landfill source separated Campbell, Los Gatos, Recycled if Composted if Composted if Monte Comm Landfill source separated source source separated separated Sereno, Saratoga Recycled if Composted if Composted if Special Events Landfill source separated source source separated separated Composted SF Res Landfill Recycled Post Collection Landfill if source separated Composted MF Res Landfill Recycled Post Collection Landfill if source separated Cupertino Composted Comm Landfill Recycled Post Collection Landfill if source separated Special Events Landfill Recycled Composted Post Collection Landfill Appendix D 459 Summary of Disposable Food Ware Table D -5 Food Service Ware Disposal Path by Material Type and Sector for Jurisdictions in Santa Clara County Material Type Fiber Compostable EPS Rigid Plastic Jurisdiction Sector (Paper, Plastic Foam (PET, PP, PS) Bagasse) PLA Composted if Composted if SF Res Landfill Recycled source source separated in separated in organics cart organics cart MF Res Landfill Recycled Landfill Landfill Composted if Composted if Comm Landfill Recycled source source separated in separated in Gilroy or anics cart' or anics cart' Composted if Composted if Special Events Landfill Recycled source source separated by separated by e vent organizer Vent organizer SF Res Landfill Recycled Recycled/ Composted 2 Landfill MF Res Landfill Recycled Recycled/ z Com osted Landfill Los Altos Comm Landfill Recycled Recycled/ z Composted Landfill Special Events Landfill Recycled Recycled / z Composted Landfill SF Res Landfill Recycled Landfill Landfill MF Res Landfill Recycled Landfill Landfill Milpitas Comm Landfill Recycled Landfill Landfill Special Events Landfill Recycled Landfill Landfill Composted if Composted if SF Res Landfill Recycled source source separated in separated in organics cart organics cart MF Res Landfill Recycled Landfill Landfill Composted if Composted if Morgan Hill Comm Landfill Recycled source source separated in separated in organics cart' organics cart' Composted if Composted if Special Events Landfill Recycled source source separated by separated by event organizer event organizer Appendix D •1 Summary of Disposable Food Ware Table D -5 Food Service Ware Disposal Path by Material Type and Sector for Jurisdictions in Santa Clara County Material Type Fiber Compostable EPS Rigid Plastic Jurisdiction Sector (Paper, Plastic Foam (PET, PP, PS) Bagasse) PLA Recycled Source SF Res Landfill separated orpost- Landfill Landfill collection MSW rocessin Recycled Source MF Res Landfill separated orpost- Landfill Landfill Mountain collection MSW rocessin View' Composted or Composted or Comm Landfill Recycled Landfill if Landfill if source source separated' separated' Composted if Composted if Special Events Landfill Recycled source source separated separated SF Res Landfill Recycled Landfill Landfill com ost ilot com ost ilot Composted if Composted if MF Res Landfill Recycled source source separated separated Palo Alto Composted if potentially Comm Landfill Recycled source Compostable if separated source separated Composted if Composted if Special Events Landfill Recycled source source separated separated SF Res Landfill Recycled Landfill clean Landfill paper recycled MF Res Landfill Recycled Landfill clean Landfill paper recycled Santa Clara Comm Landfill Recycled Landfill clean Landfill paper recycled Special Events Landfill Recycled Landfill clean Landfill paper recycled SF Res Landfill Recycled' Landfill Landfill MF Res Landfill Recycled' Landfill Landfill Composted if Composted if Comm Landfill Recycled' participant in participant in food scrap pilot food scrap pilot program only ro ram only Sunnyvale Composted if Composted if source separated; source Special Events Landfill Recycled' Annual Art and separated; Wine Festival Annual Art and Only Wine Festival Only Appendix D 10 Summary of Disposable Food Ware 461 Table D -5 Food Service Ware Disposal Path by Material Type and Sector for Jurisdictions in Santa Clara County Material Type Fiber Compostable EPS Rigid Plastic Jurisdiction Sector (Paper, Plastic Foam (PET, PP, PS) Bagasse) PLA Uninc. SF Res Landfill Recycled Landfill Landfill County, MF Res Landfill Recycled Landfill Landfill Districts 1, A,B, Comm Landfill Recycled Landfill Landfill 4,5 & C Special Events Landfill Recycled Landfill Landfill Recycled if SF Res Landfill Recycled source Landfill separated Recycled if Uninc. MF Res Landfill Recycled source Landfill separated County ' Recycled if District 2 Comm Landfill Recycled source Landfill separated Recycled if Special Events Landfill Recycled source Landfill separated SF Res Landfill Recycled Recycled' Landfill Uninc. MF Res Landfill Recycled Recycled' Landfill County, Comm Landfill Recycled Recycled' Landfill District 3A Special Events n/a n/a n/a n/a SF Res Landfill Recycled if Landfill Landfill source separated Uninc. MF Res Landfill Recycled if Landfill Landfill source separated County, District 3, B Comm Landfill Recycled if Landfill Landfill source separated & C Composted if Composted if Special Events Landfill Recycled if source separated source source separated I separated ' Gilroy and Morgan Hill: only 3 -4 businesses currently have organics collection. 2 Los Altos: paper is recycled or composted depending on type (e.g. clean or soiled), Bagasse is composted. 'Mountain View: rigid plastic clamshells not accepted for recycling. 'Mountain View: composting program available to all businesses beginning July 1, 2013. 'Single-use disposable plastic foodservice ware is recycled when/if markets exist. Other rigid plastics ( #1- #7) are recycled. 'District 3a: Processed MSW fiber is composted, mixed recycled fiber is recycled. Appendix D 11 Summary of Disposable Food Ware 462 Coolers /Ice Chests Jurisdictions within the project area may prohibit the sale of expanded polystyrene coolers or ice chests along with EPS foam food service ware. EPS foam ice chests tend to range in volume from 22 to 30 quarts, or enough to hold 24 12 -ounce cans. At this time, the City of San Jose is unable to identify any disposable substitutes that might be used in place of EPS foam coolers. Therefore it is expected that people would use either durable plastic ice chests or insulated bag coolers as alternatives. Information on the environmental impacts of ice chests is sparse, and the City could not find any life - cycle analyses or inventories to document the impacts of substitute containers. As shown above, polystyrene foam containers consistently weigh less than their plastic counterparts. It is reasonable to assume that durable plastic substitute coolers are heavier than EPS foam coolers of similar sizes. Not only do durable plastic coolers weigh more than comparable EPS foam coolers, they also can be much larger. For example, Wal -Mart offers a 150 -quart Rubbermaid ice chest, which offers a volume more than five times greater than the typical EPS foam ice chest. Based on weight and the information presented in this appendix, it seems that the production of a polystyrene foam ice chest would have fewer environmental impacts than the production a durable plastic ice chest. When looking at the full life -cycle of the two, it is less clear. Durable plastic coolers are intended for reuse over many years whereas EPS foam coolers may be used as few as one or two times. The longer a durable plastic cooler is used, the better its environmental performance will be relative to an EPS foam cooler. With regards to the end of life phase, neither product is recyclable or compostable, so both would end up in landfills when disposed of properly. If improperly disposed, polystyrene foam coolers would be more likely to break into pieces and disperse in the terrestrial or marine environment than durable coolers. This is due to the fact that EPS foam coolers are made of small PS foam beads that can break apart from physical impacts as well as erosive forces from water, sand, and wind. Appendix D 12 Summary of Disposable Food Ware 463 MA � y�r.r9ss PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Stevens Creek Blvd /Tantau Avenue and Stevens Creek Blvd /Torre Avenue/Vista Drive traffic islands and turn restrictions. Recommended Action Approve staff recommendation to include in the proposed FY 2014/15 Capital Improvement Program the following measures: 1) Remove the traffic island at the Stevens Creek Blvd /Tantau Avenue intersection, including eliminating the southbound through movement prohibition, installing a gateway feature on Tantau Avenue, installing traffic circles at the Tantau Avenue /Loree Avenue and Judy Avenue /Loree Avenue intersections, and installing bulb -outs at the Stevens Creek Blvd /Judy Avenue intersection; and 2) Retain the existing traffic island at the Stevens Creek Blvd /Torre Avenue/Vista Drive intersection, install speed bumps along Vista Drive between Forest Avenue and Lazaneo Drive, and on Lazaneo Drive between Vista Drive and De Anza Blvd, and enhance the crosswalks at the Forest Avenue/Vista Drive intersection. Description The approved Capital Improvement Program (CIP) budget for FY 2012/13 included funding for a study to determine the impacts of altering or removing existing traffic dividing features at the intersections of Stevens Creek Blvd /Tantau Avenue and Stevens Creek Blvd /Torre Avenue/Vista Drive. Staff engaged the services of a consultant (Stantec) to perform an engineering analysis, assist with the public engagement and develop recommendations. Discussion The traffic islands at the intersections of Stevens Creek Blvd /Torre Avenue/Vista Avenue and Stevens Creek Blvd /Tantau Avenue were installed many years ago for the purpose of restricting certain vehicular movements through or across the intersections. At Stevens Creek Blvd /Torre Avenue/Vista Avenue, an island on the north side of the intersection restricts the southbound movement to right -turn -only, the northbound movement to right- or left -turn only (no thru movement), and the eastbound left -turn 1 465 movement to U -turn only. Bicyclists are exempt from the restrictions, although no accommodations have been made to facilitate their movements. At the Stevens Creek Blvd /Tantau Ave intersection, an island in the middle of the intersection restricts the southbound movement to right- or left -turn only (no thru movement). All other movements are allowed. Staff was asked to evaluate these traffic islands in order to determine if they still fulfilled a need, and to determine what impacts, if any, would result from the removal of the islands. To this end, staff distributed a Response For Qualifications (RFQ) for traffic engineering services and ultimately selected Stantec, a qualified engineering design and consulting firm located in San Francisco, to assist with the project. During the course of the project, a total of four neighborhood meetings were held —two for each of the study areas. An initial meeting was held prior to beginning the engineering evaluations in order to inform residents about the project and to collect feedback regarding particular areas of concern. A follow -up meeting was held once the evaluations had been completed in order to present the results of the evaluations and to present the recommendations. Stevens Creek Blvd /Tantau Avenue Intersection At the initial community meeting with the Stevens Creek Blvd /Tantau Avenue neighborhood, several existing traffic issues were identified by the residents, including (1) traffic diversion onto Judy Avenue; (2) speeding on Tantau Avenue and Judy Avenue; (3) U -turns from southbound Tantau Avenue into the Loree Shopping Center; and (4) limited parking and poor circulation within the Loree Shopping Center, which results in parking spillover into the neighborhood. Stantec's engineering analysis revealed that the accident rate at the Stevens Creek Blvd /Tantau Avenue intersection is roughly twice the national average for similarly configured intersections. Vehicle speeds along Judy Avenue and Tantau Avenue were also found to be a bit high -85"' percentile speeds of 33 mph and 36 mph were measured for Judy Avenue and for Tantau Avenue, respectively. Significant cut - through traffic on Judy resulting from the traffic island was not observed. Based upon results of the engineering analysis, staff and Stantec recommend removing the traffic island, eliminating the southbound through movement prohibition, and implementing several measures within the neighborhood. These include (1) install traffic circles at the Tantau Avenue /Loree Avenue and the Judy Avenue /Loree Avenue intersections; (2) install a gateway feature, including a choker island, on Tantau Avenue south of the Loree Shopping Center driveway; and (3) install a bulb -out at the Stevens Creek Blvd /Judy Avenue intersection. These measures will serve to discourage cut - through traffic, create a more neighborhood -like feel, and reduce speeding. In addition, access to commercial business along Stevens Creek will be facilitated and residents W along Tantau will have more direct access to their homes from Stevens Creek Boulevard. These recommendations were presented to the neighborhood at a second community meeting. Several attendees expressed concerns that removing the island would result in an increase in cut- through traffic along Tantau Avenue south of Stevens Creek Blvd. In response to these concerns, staff proposes to monitor traffic along Tantau Avenue following removal of the island and implementation of the recommended measures, and to implement follow -up measures if appropriate. Stevens Creek Blvd /Torre Avenue /Vista Drive intersection At the initial community meeting with the Stevens Creek Blvd /Torre Avenue/Vista Drive neighborhood, several existing traffic issues were identified by the residents, including (1) speeding along Lazaneo Drive; (2) safety issues along Vista Drive related to heavy school traffic and pedestrian activities; (3) heavy truck volumes along Vista Drive; and (4) eastbound -to- westbound U- turning vehicles at the Stevens Creek Blvd /Torre Avenue/Vista Avenue intersection cutting through the parking lot at the northeast corner of the intersection to access Vista Drive. Stantec's engineering analysis concluded that the accident rate at the Stevens Creek Blvd /Torre Avenue/Vista Avenue intersection is comparable to the national average for similarly configured intersections. 85�1' percentile speeds along Lazaneo Drive were observed to be 36 mph, which is high for a local residential street. Heavy truck volumes on Vista Drive were slightly high for a local residential street, although it was observed that most of the heavy vehicle traffic was due to buses accessing the middle school. Finally, no U- turning vehicles were observed cutting through the parking lot at the northwest corner of the Stevens Creek Blvd /Torre Ave/Vista Drive intersection. Based upon the results of the engineering analysis, staff and Stantec recommend that the existing traffic island and turning movement restrictions be retained at the Stevens Creek Blvd /Torre Ave/Vista Drive intersection. In addition, staff recommends implementing several measures within the neighborhood. These include (1) the installation of speed humps along Lazeneo Drive and Vista Drive; and (2) enhancement of the crosswalks at the Forest Avenue/Vista Drive intersection. These measures will help to control speeding along Lazeneo Drive, and enhance vehicle and pedestrian safety along Vista Drive and around Lawson Middle School. These recommendations were presented to the neighborhood at a second community meeting. The neighborhood was generally supportive of the measures. 3 467 Fiscal Impact A cost estimate for the proposed measures has not been completed to date. Staff's current recommendation is that Council direct staff to include the proposed measures in the proposed FY 2014/15 Capital Improvement Program. Council will have the opportunity to review the fiscal impact of the measures when the CIP is presented for review and approval later this year. Prepared by: David Stillman, Senior Civil Engineer Reviewed by: Timm Borden, Director of Public Works Department A112roved for Submission by: David Brandt, City Manager Attachments: A - Consultant's Traffic Study Report B - Stevens Creek Blvd /Tantau Avenue Vicinity Proposed Improvements C - Stevens Creek Blvd /Torre Avenue/Vista Drive Proposed Improvements E MW Evaluation of Traffic Features at Two Locations Within the City of Cupertino Draft Recommendation Report Prepared for The City of Cupertino September 20, 2013 e 4, �", I Stantec Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Table of Contents 1.0 PROJECT OVERVIEW AND PURPOSE ............................................. ............................1.1 1.1 PROJECT SETTING AND STUDY AREA .................................................. ............................1.1 1.2 PROJECT STATUS .................................................................................. ............................1.3 2.0 IMPROVEMENT ALTERNATIVES -TORRE /VISTA STUDY AREA .... ............................2.5 2.1 REMOVAL OF PHYSICAL BARRIER AT THE INTERSECTION .................... ............................2.5 2.2 MODIFICATION OF PHYSICAL BARRIER AND /OR OTHER MEASURES . ............................2.6 2.2.1 Improve Visibility of the Traffic Island ....................................... ............................2.6 2.2.2 Speed Humps on Lazaneo Drive and Vista Drive ..................... ............................2.7 2.2.3 Crosswalk Improvements Near School ..................................... ............................2.9 2.2.4 Relocate the U -turn location ..................... ............................... ...........................2.11 2.3 DO NOTHING ALTERNATIVE ................................ ............................... ...........................2.11 3.0 IMPROVEMENT ALTERNATIVES - TANTAU STUDY AREA ............. ...........................3.12 3.1 REMOVAL OF PHYSICAL BARRIER AT THE INTERSECTION ................... ...........................3.12 3.1 .1 Install Traffic Circles ................................ ............................... ...........................3.13 3.1 .2 Install Gateway Treatments ...................... ............................... ...........................3.16 3.2 MODIFICATION OF PHYSICAL BARRIER AND /OR OTHER MEASURES ...........................3.18 3.2.1 Improving Sight Distance at Loree Center Exit Driveway ......... ...........................3.18 3.2.2 Improve Traffic Circulation at Loree Center ............................. ...........................3.19 3.2.3 Intersection Improvement at Stevens Creek Blvd /Judy Ave: ................................ 3.19 3.3 DO NOTHING ALTERNATIVE ................................ ............................... ...........................3.20 4.0 RECOMMENDED ALTERNATIVE ....................... ............................... ...........................4.21 5.0 SECOND COMMUNITY MEETINGS ................. ............................... ...........................5.23 5.1 TORRE /VISTA AND STEVENS CREEK STUDY AREA .............................. ...........................5.23 5.2 TANTAU AVENUE AND STEVENS CREEK STUDY AREA ....................... ...........................5.23 6.0 NEXT STEPS ........................................................ ............................... ...........................6.26 One Team. Infinite Solutions, bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 470 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO LIST OF TABLES Table 1: Advantages and Disadvantages of Speed Humps ........................... ............................2.8 Table 2: Advantages and Disadvantages of Safety Lights ............................. ...........................2.11 Table 3: Advantages and Disadvantages of Traffic Circles ........................... ...........................3.14 Table 4: Advantages and Disadvantages of Gateway Treatment with Chokers ........................3.17 Table 5: Advantages and Disadvantages of Bulb- out ..... ............................... ...........................3.19 LIST OF FIGURES Figure 1 : Study Intersections ........................................................................ ............................1.2 Figure2 Project Work Flow .......................................................................... ............................1.4 Figure 3 Improvements to Increase Visibility of the Traffic Island .................... ............................2.7 Figure 4 Speed Hump Spacing (based on Portland research) ........................ ............................2.8 Figure 5: Conceptual Locations of Speed Humps on Lazaneo Dr. and Vista Dr ..........................2.9 Figure 6: Ladder Crosswalks ......................................... ............................... ...........................2.10 Figure 7: Traffic Circle Locations in Tantau Area ........... ............................... ...........................3.15 Figure 8: Mini - roundabout /Traffic Circle at Judy Avenue and Loree Avenue . ...........................3.16 Figure 9: Gateway Treatments on Tantau Avenue ......... ............................... ...........................3.17 Figure 10 Improvements to Improve Sight Distance ........ ............................... ...........................3.18 Figure 1 1 : Traffic Circulation Improvements at Loree Center Parking Lot ....... ...........................3.19 Figure 12: Bulb -out at Stevens Creek Boulevard and Judy Avenue ................ ...........................3.20 Figure 13: Recommended Alternative at Torre /Vista Area ............................ ...........................4.21 Figure 14: Recommended Alternative at Tantau Area .... ............................... ...........................4.22 Figure 15: Recommended Alternative (No Barrier Removal) at Tantau Area . ...........................5.24 One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 471 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Project Overview and Purpose September 20, 2013 1.0 Project Overview and Purpose The traffic calming devices on the two study locations ( Tantau Avenue and Torre /Vista Avenue on Stevens Creek Boulevard) were implemented many years ago in response to neighborhood concerns. The City of Cupertino has established goals and objectives for the Neighborhood Traffic Management Programs (NTMP) to deal with traffic calming requests and complaints. However, these devices were installed prior to the development of the NTMP. Consequently the purpose of this study would be to align the existing traffic calming features to check how it complies with the goals and objectives of the City. Addressing safety issues, slowing traffic, and reducing cut - through traffic on neighborhood streets is a complex and challenging task. There are often competing interests from one street to the next, often even between neighbors. Residents' perception of the safety of their streets is a very strong driver and can lead to a challenging environment in which to rationally discuss the pros and cons of implementing /eliminating traffic calming measures. Stantec's study process focuses on being responsive to resident concerns, develop and adequately explain traffic data, and prepare solutions and alternatives that meet for overall policy framework and the needs for the neighborhood and the City. 1.1 PROJECT SETTING AND STUDY AREA As part of the study two intersections were analyzed along with other features around the intersections: • Stevens Creek Boulevard and Tantau Avenue • Stevens Creek Boulevard and Torre /Vista Avenue One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 1 . 1 472 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Project Overview and Purpose September 20, 2013 Figure 1: Study Intersections Figure 1 illustrates the project vicinity and the study intersections. Currently the following turn restrictions exist at the two intersections: Stevens Creek at Torre /Vista Avenue: 1. Southbound through and left movement not allowed. 2. Northbound through movement is not allowed. 3. Eastbound left turn is restricted to U -turn only. With the above restrictions, Vista Drive operates as a roadway with right -in- right -out access only. However, the northbound movement from Torre Drive is not completely restricted by allowing the left turn from Torre Drive onto Stevens Creek Boulevard. One Team. Infinite Solutions. bj vA1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 473 is 1.2 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Project Overview and Purpose September 20, 2013 Stevens Creek at Tantau Avenue: 1. Southbound through movement is not allowed. Southbound through movement is the only restriction at this study intersection. 1.2 PROJECT STATUS The project is divided into various tasks as shown in Figure 2 to develop and adequately explain traffic data, and prepare solutions and alternatives that meet the overall policy framework and the needs for the neighborhood and the City. Stantec has conducted the first round of community meetings, completed the review of historical data, and collected new data as appropriate for this study, and has conducted the second community meetings (one for each location) to share recommended alternatives with the community. Stantec summarized the findings of existing conditions in the Existing Conditions Report and the recommendations were summarized in the Preferred Improvement Alternatives Report. The findings in the previous reports and input gathered from the second community meetings were used as the basis to develop this draft recommendation report, which includes the recommended alternatives from the previous report, plus an additional alternative added based on feedback gathered at the second community meeting for the Stevens Creek and Tantau Avenue study area. This report also documents the comments gathered at the second community meetings. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 1.3 474 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Project Overview and Purpose September 20, 2013 nisioncai uaia ZE Review and New Data 0 ura" Recommendation Runny* Figure 2 Project Work Flow One Team+ Infinite Solutions, a bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 1.4 475 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives- Torre /Vista Study Area September 20, 2013 2.0 Improvement Alternatives- Torre /Vista Study Area Stantec developed potential traffic calming strategies to address the issues identified as part of the existing conditions analysis at the Torre /Vista study area. The issues identified at this study area were: 1. Speeding on Lazaneo Drive The average speed of drivers on Lazaneo Drive is 30 mph and the 85th percentile speed is approximately 36 mph. These speeds are significantly higher than the posted speed limit for the streets. 2. School activities During the community meeting, safety and pedestrian issues on Vista Drive during school activities were brought up. Stantec observed that in general, school traffic during the peak period appears to be manageable. Many children were observed walking or biking to school during the morning rush hour. There is only one crossing guard present for the existing four marked crosswalks on Vista Drive. 3. Heavy truck volumes on Vista Drive The percentage of heavy vehicle usage is less than 3 percent on Vista Drive. Most of the observed heavy vehicles were school buses accessing the middle school. The percentage of heavy vehicles on Lazaneo Drive is approximately 6 percent of all vehicular traffic, which is high compared to a typical local residential street. 4. U- turners cutting through the parking lot In the community meeting, neighborhood observers noted that the U- Turners, proceeding eastbound to westbound at the intersection of Stevens Creek Boulevard and Vista Drive, cut through the Apple building at the corner of Stevens Creek Boulevard /Vista Drive. During the morning peak observation period conducted by Stantec, none of the drivers were observed to be cutting through the parking lot to avoid the traffic restriction on Vista Drive. Stantec considered and recommended on three alternatives for this study area, which included the following strategies: 1. "Removal" of the physical barrier at the intersection, 2. "Modification" of the physical barrier and /or other measures to achieve similar traffic calming benefits, and 3. "Do- nothing" alternative. 2.1 REMOVAL OF PHYSICAL BARRIER AT THE INTERSECTION Removal of the physical barrier at the intersection will potentially increase cut through traffic on Lazaneo Drive and Vista Drive. As indicated in the community meeting, residents observe drivers still cutting through the neighborhood by making U -turns at adjacent intersections or through the One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 2.5 476 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives- Torre /Vista Study Area September 20, 2013 Apple building parking lot. Traffic volume on Lazaneo Drive is already very high and the removal of the island will put additional pressure on the residential street. Therefore it is recommended that the physical barrier is not removed at the intersection. 2.2 MODIFICATION OF PHYSICAL BARRIER AND /OR OTHER MEASURES In addition to the discussion on the physical barrier at the intersection of Stevens Creek Boulevard /Vista Drive, a few related issues were discussed at the community meeting. Based on the input from the community meeting and validated results from existing condition analysis, the following recommendations are suggested. 2.2.1 Improve Visibility of the Traffic Island The restricted movements at the intersection typically reduce the number of conflict points at the intersection, thereby reducing the probability of collision. However, there were 21 accidents reported at or near the intersection in the five year period between 2007 and 201 1 . This includes 5 broadside accidents at the intersection. Collision rates and its comparison to the average collision rate for a similar intersection as published by Caltrans, provides a way to determine the safety conditions at the intersection. Caltrans- published average collision rate for a four - legged signalized intersection in an urban location is 0.35 accidents /million- entering - vehicles. The collision rate calculated for the intersection is 0.36 accidents /million- entering - vehicles. Although the accident rate is comparable to the average rate, based on field observations, some minor signing and striping improvements are recommended at this location to improve the overall visibility of the traffic island. The recommended improvements are shown in Figure 3. This recommended improvement does not have any disadvantages and is considered regular maintenance work. The estimated cost for improving visibility of the traffic island would range between $500 and $2,000. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 2.6 477 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives- Torre /Vista Study Area September 20, 2013 I` M 1 19' Pr I 41 L� New Curb Paint Figure 3 Improvements to Increase Visibility of the Traffic Island 2.2.2 Speed Humps on Lazaneo Drive and Vista Drive The average speed of drivers on Lazaneo Drive is 30 mph and the 85th percentile speed is approximately 36 mph. These speeds are significantly higher than the posted speed limit for the streets. Speed humps with adequate spacing is recommended on both Lazaneo Drive and Vista Drive. Based on research conducted by City of Portland, Oregon, the spacing between 22 -foot speed humps should be approximately 300 feet to reduce the speed levels to less than 30 mph. The research findings are shown in Figure A. .rrJ One Team. Infinite Solutions, bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 2.7 478 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives- Torre /Vista Study Area September 20, 2013 E ID co 36 34 32 30 26 4 22 200 300 440 500 fi00 704 804 904 $Prod eumP $pec1nr� [tcct) ■ 14 -Fact B,irnps 0 22 -=c•it Dumps I Figure 4 Speed Hump Spacing (based on Portland research) Stantec recommends installing 22 -foot speed humps spaced at 300 feet along Lazaneo Drive and Vista Drive. In addition to the spacing, other factors like driveway spacing and intersection spacing should be taken into consideration. Based on these design considerations, we recommend two speed humps along Lazaneo Drive and two speed humps along Vista Drive to reduce the speed along the two corridors. In addition to reducing the speed, speed humps will also discourage heavy vehicles drivers from using the streets. The advantages and disadvantages of speed hump installation are shown in Table 1. Figure 5 shows the conceptual locations of the speed humps. Table 1: Advantages and Disadvantages of Speed Humps Advantages Disadvantages They cause a "rough ride" for all drivers, Installation is relatively inexpensive and can cause severe pain for people with certain skeletal disabilities If designed appropriately, humps are easy for Speed humps will restrict travel path for emergency vehicles and bicycles emergency vehicles or it would require reducing travel speeds They are very effective in slowing travel They may increase noise due to the speeds. application of brakes near the speed hump millNOOSE MEMEd WE 0 ppowns OMEN MEN iMMOMME 200 300 440 500 fi00 704 804 904 $Prod eumP $pec1nr� [tcct) ■ 14 -Fact B,irnps 0 22 -=c•it Dumps I Figure 4 Speed Hump Spacing (based on Portland research) Stantec recommends installing 22 -foot speed humps spaced at 300 feet along Lazaneo Drive and Vista Drive. In addition to the spacing, other factors like driveway spacing and intersection spacing should be taken into consideration. Based on these design considerations, we recommend two speed humps along Lazaneo Drive and two speed humps along Vista Drive to reduce the speed along the two corridors. In addition to reducing the speed, speed humps will also discourage heavy vehicles drivers from using the streets. The advantages and disadvantages of speed hump installation are shown in Table 1. Figure 5 shows the conceptual locations of the speed humps. Table 1: Advantages and Disadvantages of Speed Humps Advantages Disadvantages They cause a "rough ride" for all drivers, Installation is relatively inexpensive and can cause severe pain for people with certain skeletal disabilities If designed appropriately, humps are easy for Speed humps will restrict travel path for emergency vehicles and bicycles emergency vehicles or it would require reducing travel speeds They are very effective in slowing travel They may increase noise due to the speeds. application of brakes near the speed hump One Team. Infinite Solutions, bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 479 : Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives- Torre /Vista Study Area September 20, 2013 Figure 5: Conceptual Locations of Speed Humps on Lazaneo Dr. and Vista Dr. Estimated cost of speed hump installation varies between $1,000 and $2,000 per location. 2.2.3 Crosswalk Improvements Near School Marked crosswalks indicate locations for pedestrians to cross and signify to motorists to yield to them. Currently the intersection of Lazaneo Drive and Vista Drive has a marked crosswalk on all three approaches. The intersection of Forest Avenue and Vista Drive has a marked crosswalk on the north leg. All crosswalks are marked with standard white stripes. It is recommended to change them to ladder style crosswalk marking, which is expected to increase crosswalk visibility. Ladder style markings are preferred where pedestrian crossing volume is high and these intersections meet the criteria during school peaks. Figure 6 illustrates the ladder crosswalk marking at the two intersections. The crosswalk striping should be in yellow to indicate school children crossing the street. The retro - reflective yellow striping will increase the visibility of the crosswalk. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 2.9 M Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives- Torre /Vista Study Area September 20, 2013 Figure 6: Ladder Crosswalks In addition to the Ladder Crosswalks, safety lights (either on one side or both sides of the street) are also suggested at the intersection of Lazaneo Drive and Vista Drive, which will light up the crosswalks during night time. Table 2 shows the advantages and disadvantages of providing the safety lights at the intersections. One Team. Infinite Solutions, bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 2.10 481 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives- Torre /Vista Study Area September 20, 2013 Table 2: Advantages and Disadvantages of Safety Lights Advantages Disadvantages Improved pedestrian and bicycle visibility Installation cost is moderately high during nighttime, dawn, and dusk hours Improved vehicle visibility for pedestrians and Regular maintenance cost will be required bicycles to judge gaps in traffic Greater pedestrian safety by providing ROW and utility conflict may not allow improved visual recognition of approaching installation of lighting pedestrians and bicyclists The estimated cost is approximately $1,000 per safety light for utility pole mounted lights. The cost could be higher for decorative poles. In addition to the cost of the pole and the light, additional cost will be needed for installation of conduit, wiring, and trenching to provide connection to the nearby power supply. The cost will depend on the location of the nearby service point. The cost of installing conduit is approximately $40 /linear feet. 2.2.4 Relocate the U -turn location During the morning peak observation period conducted by Stantec, no drivers were observed cutting through the Apple building parking lot to avoid the traffic restriction on Vista Drive. Therefore further investigation is needed to justify any additional measures to address this issue. At a later stage, if measures are needed to discourage traffic cutting through the Apple distribution center, an additional restriction of "No U- Turn" for the eastbound movement can be added. This would require eliminating the left turn lane for the eastbound movement and identifying an appropriate location near the intersection where U -turn will be allowed for drivers to access the businesses on the north side of Stevens Creek Boulevard west of Vista Drive. 2.3 DO NOTHING ALTERNATIVE The do- nothing alternative is effective in controlling the cut through traffic. It is favored alternative for the residents in the area. Currently residents are in favor of keeping the traffic restriction in, but there are additional issues that are not addressed by the do- nothing alternative. This alternative does not address the concern of illegal turns, speeding, and school area safety issues. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 2.11 MA Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 3.0 Improvement Alternatives - Tantau Study Area Stantec developed potential traffic calming strategies to address the issues identified at the Torre /Vista study area as part of the existing conditions analysis. The issues identified at this study area were: 1. Traffic diversions to Stevens Creek /Judy Avenue - Safety Issues Through field observations and a car following the OD pairing method, it was noted that few drivers cut through Judy Avenue to continue driving south on Tantau Avenue. However, based on the car following study conducted along Judy Avenue, it is expected that approximately 9 vehicles cut through Judy Avenue during the p.m. peak hour. Field observations at the intersection of Stevens Creek and Judy Avenue show that there is limited corner sight distance between the intersection and the driveway from the parking lot. 2. Speeding on Tantau and Judy On Judy Avenue, the average speed of drivers is 27 mph and the 85th percentile speed is approximately 33 mph. The average speed of drivers on Tantau Avenue is 31 mph and the 8511 percentile speed is approximately 36 mph. These speeds are significantly higher than the posted speed limit for the streets. 3. U -turns from Tantau to shoaaina center There are many drivers that make the U -turns from Tantau Avenue into the shopping center. This results in blocking both northbound and southbound traffic on Tantau Avenue. 4. Traffic circulation within the parking center The circulation and number of parking spaces within the parking lot is inadequate. This results in unnecessary circulation and unsafe maneuvers to find parking for the shopping center. Based on feedback from the community, the number of parking spaces in the shopping center is insufficient, which results in parking spillover onto surrounding residential streets. Stantec prepared three alternatives for this study area, which included the following strategies: 1. "Removal" of the physical barrier at the intersection, 2. "Modification" of the physical barrier and /or other measures to achieve similar traffic calming benefits, and 3. "Do- nothing" alternative. These alternatives are described in the following section detailing the advantages and disadvantages of each alternative. 3.1 REMOVAL OF PHYSICAL BARRIER AT THE INTERSECTION While physical barriers to traffic movements at intersections are effective in reducing cut through traffic, other traffic calming measures such as gateway treatments, traffic circles, or traffic One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.12 I • Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 diverters can be used to eliminate cut through traffic as well. A typical barrier restricts the minor street to right -in- right -out only, similar to the traffic barrier at the intersection of Stevens Creek Boulevard and Vista Drive. However, the restriction at this intersection is not a typical restriction and therefore adds to drivers' confusion. The collision analysis shows that there were 34 collisions recorded in the vicinity of the study intersection, including the 18 collisions that occurred at the intersection. Typically broadside accidents are fewer at a signalized intersection. However, drivers' confusion at this intersection may be the cause for the high number of broadside accidents at this intersection. Intersection collision rates and its comparison to the average collision rate, as published by Caltrans for a similar intersection, provide a way to determine the safety conditions at the intersection. The Caltrans published average collision rate for a four - legged signalized intersection in an urban location is 0.35 accidents /million- entering - vehicles. The collision rate calculated for the study intersection is 0.66 accidents /million- entering - vehicles. Therefore this intersection would be considered as potentially hazardous based on the past accident records. Unlike the intersection of Stevens Creek Boulevard and Vista Drive, the collision rate at this intersection is significantly higher than the average rate. In addition, based on the car following study conducted along Judy Avenue, it is expected that approximately 9 vehicles cut through Judy Avenue during the p.m. peak hour. This indicates that utilizing Judy Avenue as a cut - through route does not provide enough savings in travel time to justify cutting through the neighborhood. Therefore, if additional traffic calming measures are implemented along Tantau Avenue that would reduce speed and increase travel time through the segment, it is expected that the increase in cut - through traffic would be minimal. Based on the facts that the intersection has a non - standard barrier and high collision rate, Stantec recommends that the existing physical barrier and traffic restriction at the intersection be removed. The removal should be supplemented with additional traffic calming measures that will discourage cut through traffic through the residential neighborhood. The removal of the barrier will allow the southbound though movement and facilitate access to businesses on the south side of Stevens Creek Boulevard. The removal will also allow residents of Tantau Avenue to reach their home quicker. This would balance the traffic flow by eliminating traffic diversion on to other parallel streets, including Judy Avenue. This alternative is recommended in combination with traffic circles and gateway treatments in the residential area of Tantau Avenue. In addition to the physical modifications, adjustment to the signal timing at this intersection will also be considered to meter the southbound traffic through the intersection. 3.1.1 Install Traffic Circles Traffic circles or mini- roundabout at the center of the intersection are designed in such a way that the entering traffic must alter direction and speed to avoid the island. This creates a circular flow in one direction and forces drivers to slow down to make the maneuver around the island. Typically, the traffic circles replace the stop signs, but traffic circles for residential area can be installed with stop signs. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.13 M11 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 A mini- roundabout is designed for a physically constrained location making it possible to install it within the existing right -of -way. The design of the mini - roundabout /traffic circle slows down the cars and allows it to flow through the circulatory roadway around the central island. Due to the constrained nature of the design, the central island or the portion of it is made �- traversable (mountable, such that emergency vehicles and trucks can drive over them. The design of a traffic circle - - — — may or may not include landscaping. Table 3 illustrates the advantages and disadvantages of installing traffic circles /mini- roundabout. Figure 7 shows the recommended locations for the installation of traffic circles to reduce speed and volume on both Judy Avenue and Tantau Avenue. Table 3: Advantages and Disadvantages of Traffic Circles Advantages Disadvantages Very effective in moderating speeds and If not designed properly, it may be difficult improving safety. for emergency vehicles to travel around. Can have positive aesthetic value. If the stop sign is removed, it may negatively impact pedestrian crossing It calms both the intersecting streets. Potential loss of on- street parking. Provide landscaping opportunity to increase Landscaping may increase construction cost aesthetic value. and annual maintenance cost. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.14 I • Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 (tF Figure 7: Figure 8 shows the typical mini - roundabout design for the intersection of Judy Avenue and Loree Avenue. As shown in the design, the central island would be designed as fully or partially mountable allowing emergency vehicles to make the turns without having to slow down. One Team. Infinite Solutions. bj v: \1839 \active \183910062 - city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.15 • Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 i� { Figure 8: Mini - roundabout /Traffic Circle at Judy Avenue and Loree Avenue I The estimated cost is approximately $15,000 per location with minimal landscaping. The cost varies based on the type of material and landscaping desired for the construction of the traffic circle. 3.1.2 Install Gateway Treatments Install new gateway treatments including a landscaped choker island with adequate signage on Tantau Avenue south of the Loree Center driveway. These gateway treatments are expected to increase motorist awareness of the neighborhood character and narrowing of the streets to reduce traffic speed and traffic volume. This would assist in achieving the goals for the traffic calming efforts. These gateway treatments can be enhance to include aesthetic features to emphasize the residential neighborhood. However, since these signs and treatments are not enforceable, they call for voluntary compliance. However, with effective police enforcement, it is very effective in reducing traffic speed and volume. Figure 9 shows the proposed gateway treatment on Tantau Avenue. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.16 487 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 c� Ali AL 1 60 ft. max • � f yr. 18 ft. max,, , x i • ♦ ' tt Figure 9: Gateway Treatments on Tantau Avenue The advantages and disadvantages of gateway treatments including the narrowing of the street is illustrated in Table 4. Table 4: Advantaaes and Disadvantaaes of Gateway Treatment with Chokers Advantages Disadvantages They reduce both speed and volume on a May require bicyclist to briefly merge with corridor. vehicular traffic. If designed well they can have a positive aesthetic value and provide a residential Reducing in speed may not be significant. neighborhood setting. Easily negotiable by emergency vehicles. Potential loss of on- street parking. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.17 488 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 3.2 MODIFICATION OF PHYSICAL BARRIER AND /OR OTHER MEASURES 3.2.1 Improving Sight Distance at Loree Center Exit Driveway The access out of the Loree Center on Judy Avenue is located very close to the intersection of Stevens Creek Boulevard and Judy Avenue. This location does not provide enough sight distance for drivers making a right turn into Judy Avenue if they need to stop for a car coming out of the driveway. In order to increase the sight distance for the drivers, Stantec recommends removing two parking spaces that are located next to the Loree Center driveway as shown in Figure 10. This is expected to provide a slightly better sight distance for the drivers turning right from Stevens Creek Boulevard. :r!w - "ri= �'.ro�::s+Fr —rte,•- =•• -- y7.•• r - sd 1.he: s•C Figure 10 Improvements to Improve Sight Distance � r One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.18 489 R` .�•. •�.L4 �) "�r. r - sd 1.he: s•C Figure 10 Improvements to Improve Sight Distance � r One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.18 489 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 3.2.2 Improve Traffic Circulation at Loree Center The owner of the Loree Center has been designing the improvements in traffic circulation through their parking lot. Stantec reviewed the proposed parking modifications and provided comments. The recommendations included the following: 1. Keep the circulation such that drivers enter the parking lot from Tantau Avenue and exit onto Judy Avenue. 2. Use the street system to circulate between the north side and south side of the parking lot. Keeping the entrance on Tantau Avenue would eliminate all left turn movements out of the parking lot driveway for circulation within the parking lot using the street system. 3. Add "keep clear" marking on the roadway such that the northbound traffic keeps the entrance driveway clear when stopping for the red light. The parking lot design was modified based on comments and included in Figure 1 1. FIGURE TO BE PROVIDED BY CITY Figure 11: Traffic Circulation Improvements at Loree Center Parking Lot 3.2.3 Intersection Improvement at Stevens Creek Blvd /Judy Ave: During field observations, Stantec staff observed that drivers turning onto Judy Avenue sometimes ignore the presence of pedestrians trying to cross Judy Avenue. Stantec recommends installing bulb -out at the intersection to reduce the pedestrian crossing distance and also to reduce pedestrian exposure to the right turning vehicles. This is expected to reduce the speed for the right turning vehicles by reducing the curb radii. The advantages and disadvantages of a bulb -out are presented in Table 5. Figure 12 illustrates the location of the bulb -out at this intersection. Table 5: Advantages and Disadvantages of Bulb -out Advantages Disadvantages Provides increased visibility of the pedestrians. Construction may conflict with other utilities. Assists in slowing and calming traffic, particularly fast traffic turning from a major to It negatively impacts street drainage. a minor road. Reduces the crossing distance for pedestrians. Construction cost may be high if it requires utility relocation. Design may require removal of on- street parking. One Team. Infinite Solutions, bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.19 M Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Improvement Alternatives - Tantau Study Area September 20, 2013 rlwl �� v 14,11-1 1 010 �A 5 fa" Figure 12: Bulb -out at Stevens Creek Boulevard and Judy Avenue 3.3 DO NOTHING ALTERNATIVE The do nothing alternative is effective in controlling the cut through traffic, but the other issues identified in the area will continue to exist. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.20 491 :t Jt r' 5 fa" Figure 12: Bulb -out at Stevens Creek Boulevard and Judy Avenue 3.3 DO NOTHING ALTERNATIVE The do nothing alternative is effective in controlling the cut through traffic, but the other issues identified in the area will continue to exist. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 3.20 491 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Recommended Alternative September 20, 2013 4.0 Recommended Alternative Figure 13 and Figure 14 show the recommended alternative proposed for the two study areas. These are the draft preliminary recommendations for community outreach. The final recommendations will be based on input from the community. � -* . i } •ll ; . •f. I Speed Hump Crosswalk Improvements ' Traffic Island Visibility Improvements VT _ � A I CL e Figure 13: Recommended Alternative at Torre /Vista Area One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 4.21 492 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Recommended Alternative September 20, 2013 Stevens Creek Blvd.„, L, -:. IM Removal of Traffic Restrictions •••w _ - �r_� Gateway Treatment "7a - -�, Y i Li I* I t. 'W 1 JiF Figure 14: Recommended Alternative at Tantau Area In addition to the above recommendations, the following items can be considered for future implementation: • Removal of traffic barrier at Finch Avenue and Stevens Creek Boulevard. • Shared parking for Loree Center with future planned development on the northeast corner of Stevens Creek Boulevard and Tantau Avenue. One Team. Infinite Solutions. bj 01839 \active \183910062 - city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 4.22 493 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Second Community Meetings September 20, 2013 5.0 Second Community Meetings The purpose of the second community meetings were to provide the findings of the traffic study and present the preferred improvement alternatives to the community. In addition, the community meetings offered an opportunity for attendees to provide input on the preferred alternatives, additional input on their areas of concern, and direction towards the next steps. Attendees at the second community meetings offered a variety of comments on the study findings and the alternatives identified for the study areas. The second community meetings occurred on July 13, 2013 in the Cupertino Room at the Quinlan Center located at 10185 N. Stelling Road, Cupertino. The community meeting began with a brief presentation, followed by a question- and - answer period, including attendees providing input on preferred alternatives, additional issues, additional alternatives and options, and comments on the next steps. Attendees were also given the opportunity to provide written comments and send it to the City at a later date. A summary of the key discussion with the attendees regarding the preferred alternatives for the two study locations are provided below: 5.1 TORRE /VISTA AND STEVENS CREEK STUDY AREA All recommended alternatives presented at the meeting were unanimously accepted by the attendees. In addition to the recommended alternatives the attendees brought up few additional issues that were either outside of the current scope of work or are being already addressed by the City. The comments are included here for documentation purpose only, but do not alter the recommendations. 1 . There is a sign on Lazaneo Drive east of DeAnza Boulevard stating "No Truck ". However, since this is not enforced, trucks still use Lazaneo Drive. 2. Attendees enquired about any possible crosswalk improvements on Stevens Creek Boulevard. City is planning on making Stevens Creek Boulevard more bicycle and pedestrian friendly, which would address the concern. 3. The red curb on the southwest corner of the intersection of Lazaneo Drive and Vista Drive should be longer, such that the right turners have better visibility. City will consider this based on the City's red curb policy. 5.2 TANTAU AVENUE AND STEVENS CREEK STUDY AREA Many of the attendees at the meeting wanted the median island barrier to remain. However, some people agreed that the recommended traffic calming measures will alleviate the cut through issue through Tantau Avenue and Judy Avenue. Attendees that did not want the island removed still wanted the recommended measures of gateway treatments, bulb -out, and traffic circles. Some expressed the need to install speed humps on Judy Avenue and Tantau Avenue. The recommendation of installing the gateway treatment and traffic circles would only be necessary if the median barrier is removed. However, the other improvements of bulb -out and speed hump can be considered to improve pedestrian safety and reduce speeding through the corridor. Based One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 5.23 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Second Community Meetings September 20, 2013 on these inputs, Stantec recommends an additional alternative for the study area if the median barrier is not removed. The recommended alternative is shown in Figure 15. A 1 Figure 15: Recommended Alternative (No Barrier Removal) at Tantau Area In addition, the attendees brought up few additional issues that were either outside of the current scope of work or are being already addressed by the City. The comments are included here for documentation purpose only, but these do not alter the proposed recommendations. 1 . Bret Avenue, which is outside the project scope has speeding issues. 2. Parking related City Code violation of the Loree Center was brought up many times at the meeting. City staff is aware of the situation and City is taking action to resolve the issue. 3. One of the attendees commented that the handicapped access to transit buses is constrained from the sidewalk on Stevens Creek between Tantau Avenue and Judy Avenue. A. Few attendees commented that the traffic circles should be also added to the Tilson Avenue intersections with Judy Avenue and Tantau Avenue. One Team. Infinite Solutions, bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 5.24 495 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Second Community Meetings September 20, 2013 5. Tantau residents commented on excessive traffic queuing related to the school activities during school peak 6. One attendee brought up U -turn issues at Stevens Creek and Stern Avenue. City is currently considering installation a traffic signal at this intersection, which will resolve the concern. 7. Residents of Bret Avenue requested some traffic calming for Bret Avenue. Based on the feedback at the meeting, if the removal of the traffic barrier is considered, Stantec recommends that traffic volume is monitored on regular basis on Tantau Avenue and Judy Avenue. Based on the results of the monitoring report, additional traffic calming measures, including speed humps and traffic circles, can be considered. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 5.25 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Next Steps September 20, 2013 6.0 Next Steps The final recommendations as included in this report will be presented to the City Council for their decision. Based on the feedback gathered from the community and the City Council, minor adjustment will be made to the recommendation. Final decision will be made by the City Council for implementation of the recommended alternative. One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx 6.26 497 Stantec EVALUATION OF TRAFFIC FEATURES AT TWO LOCATIONS WITHIN THE CITY OF CUPERTINO Appendix A June 12, 2013 Appendix A One Team. Infinite Solutions. bj v: \1839 \active \183910062 -city of cupertino traffic calming \06 draft recommendation report\draftrecommendationreport.docx A. 1 M ATTACHMENT B - STEVENS CREEK BLVD /TANTAU AVENUE VICINITY PROPOSED IMPROVEMENTS e ATTACHMENT C - STEVENS CREEK BLVD /TORRE AVENUE/VISTA DRIVE PROPOSED IMPROVEMENTS 500 � y�r.r9ss PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Santa Clara Valley Transportation Authority's (VTA's) State Route 85 Express Lane Project and consideration of writing a comment letter on the Project Draft Initial Study /Environmental Assessment. Recommended Action Consider preparation of a comment letter to VTA on the State Route 85 Express Lane Project Draft Initial /Environmental Assessment. Background VTA has released the Draft Initial Study /Environmental Assessment with Negative Declaration for the State Route 85 Express Lane Project for public review and comment. Written comments must be provided to VTA by January 31, 2014. Public agencies can provide written comments within this time frame. Discussion The VTA State Route 85 Express Lanes Project proposes to convert existing carpool lanes to express lanes and add new lanes to the SR 237, SR 85 and US 101 corridors with the stated intent of providing congestion relief throughout Santa Clara County. Solo drivers would have an option to use the express lanes for a fee. Eligible carpool vehicles and buses will continue to use the express lanes (also known as High Occupancy Vehicle or HOV Lanes) free of charge. Revenue from tolls will be reinvested to maintain and operate roadways and provide other improvements within the corridor. The State Route 85 portion of the project would convert approximately 27 miles of existing High Occupancy Vehicle (HOV or carpool) lanes to express lanes and add a second HOV express lane between SR 87 and I -280. The project limits are between US 101 in Mountain View and Bailey Avenue on US 101 in south San Jose. This is a joint project between VTA and Caltrans. Pending funding and project approval, VTA hopes to open the new SR 85 express lanes in early 2017. The estimated City of Cupertino cost for technical analysis and preparation of a comment letter is not expected to exceed $50,000. Therefore, if the Council wishes to 501 authorize the preparation of a comment letter, staff also recommends that the Council approve funding in the amount of not to exceed a total of $50,000. There is no existing funding in the City budget, so an additional appropriation would be necessary. The written comments are due by January 31, 2014. If the Council authorizes the comment letter, City Staff will work with technical and legal consultants to prepare the comments. Prepared b� Timm Borden, Director of Public Works A112roved for Submission by: David Brandt, City Manager Attachments: None 502