Supplemental Reports — Cupertino City Council, April 13, 2023 (part 4 of 4)

Hazardous Materials And Wastes Inventory Matrix Report

CERS ID
10348375
Facility ID
Chemical LocaƟon
Vallco Parkway 1/VP1-Cooling Tower
Status
CERS Business/Org.

APPLE INC
Facility Name
APPLE-VALLCO PARKWAY 1
19191 VALLCO PY, CUPERTINO 95014
DraŌ
Federal Hazard
Categories
% Wt
CAS No.

Common Name
Component Name
DOT Code/Fire Haz. Class
EHS
Hazardous Components
(For mixture only)
Largest Cont.

Avg. Daily
Max. Daily
Unit
QuanƟƟes
Annual
Waste
Amount
DOT: 8 - Corrosives (Liquids and
Solids)
Corrosive

SODIUM HYPOCHLORITE
7681529
13 %

SODIUM HYDROXIDE
1310732
0 %
CAS No
Map: VP01SiteMap Grid: SM
Sodium Hypochlorate 12.5%
Mixture
Days on Site: 365
30 30
30 Liquid
Storage Container
Gallons
Ambient
Ambient
PlasƟc BoƩle or Jug
Temperature
Pressue
State
Type
- Physical
Corrosive To
Metal

- Health Skin
Corrosion
IrritaƟon

- Health Serious
Eye Damage Eye
IrritaƟon

- Health SpeciĮc
Target Organ
Toxicity

0 Waste Code
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Page 2 of 3 ends

Hazardous Materials And Wastes Inventory Matrix Report

CERS ID
10348375
Facility ID
Chemical LocaƟon
Vallco Parkway 1/VP1-Diesel Belly Tank
Status
CERS Business/Org.

APPLE INC
Facility Name
APPLE-VALLCO PARKWAY 1
19191 VALLCO PY, CUPERTINO 95014
DraŌ
Federal Hazard
Categories
% Wt
CAS No.

Common Name
Component Name
DOT Code/Fire Haz. Class
EHS
Hazardous Components
(For mixture only)
Largest Cont.

Avg. Daily
Max. Daily
Unit
QuanƟƟes
Annual
Waste
Amount
DOT: 3 - Flammable and
CombusƟble Liquids
CombusƟble Liquid, Class II
Hydrotreated Middle Disllateḁ
68476-34-6
100 %
68476-34-6
CAS No
Map: VP01SiteMap Grid: SM
Hydrotreated Middle Disllateḁ
Pure
Days on Site: 365
400
400
400
Liquid
Storage Container
Gallons
Ambient
Ambient
Aboveground Tank
Temperature
Pressue
State
Type
- Physical
Flammable

- Health
Carcinogenicity

- Health Acute
Toxicity

- Health Skin
Corrosion
IrritaƟon

- Health Serious
Eye Damage Eye
IrritaƟon

- Health SpeciĮc
Target Organ
Toxicity

- Health
AspiraƟon Hazard

Waste Code
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Page 3 of 3 ends

LOBBY

NORTH TANTAU AVENUE

VALLCO
PARKWAY 1

EVACUATION

ASSEMBLY
AREA

VALLCO PARKWAY

CALABAZAS CREEK
VALLCO!
PARKWAY!
1 CUPERTINO,!

CALIFORNIA
19191!
VALLCO!

PARKWAY
VALLCO!
PARKWAY!
1 
APPLE, INC.

N
!
SPILL!
KIT
W Water Shut Off
PIV
G Gas Shut Off
FIRE!

HYDRANT
K Knox Box
Haz. Mat Storage
K
PIV
PIV
G
PIV
!
PIV
PIV
400 GALLON !

DIESEL TANK
COOLING !
TOWER
Rev. 03/07/17 Page 1 of 4

CALIFORNIA ENVIRONMENTAL REPORTING SYSTEM (CERS)

CONSOLIDATED EMERGENCY RESPONSE / CONTINGENCY PLAN
Prior to completing this Plan, please refer to the INSTRUCTIONS FOR COMPLETING A CONSOLIDATED CONTINGENCY PLAN A. FACILITY IDENTIFICATION AND OPERATIONS OVERVIEW
FACILITY ID # A3.

BUSINESS NAME (Same as Facility Name or DBA - Doing Business As) A4.

BUSINESS SITE ADDRESS A5.

BUSINESS SITE CITY A6. ZIP CODE A7.

CA
TYPE OF BUSINESS (e.g., Painting Contractor) A8. INCIDENTAL OPERATIONS (e.g., Fleet Maintenance) A9.

THIS PLAN COVERS CHEMICAL SPILLS, FIRES, AND EARTHQUAKES INVOLVING (Check all that apply): A10.

1. HAZARDOUS MATERIALS; 2. HAZARDOUS WASTES
B. INTERNAL RESPONSE
INTERNAL FACILITY EMERGENCY RESPONSE WILL OCCUR BY (Check all that apply):

1. CALLING PUBLIC EMERGENCY RESPONDERS (e.g., 9-1-1)

2. CALLING HAZARDOUS WASTE CONTRACTOR

3. ACTIVATING IN-HOUSE EMERGENCY RESPONSE TEAM
B1.

C. EMERGENCY COMMUNICATIONS, PHONE NUMBERS AND NOTIFICATIONS In the event of an emergency involving hazardous materials and/or hazardous waste, all facilities must IMMEDIATELY:

1. Notify facility personnel and evacuate if necessary in accordance with the Emergency Action Plan (Title 8 California Code of Regulations §3220);

2. Notify local emergency r esponders by calling 9-1-1;

3. Notify the local Unified Program Agency (UPA) at the phone number below; and

4. Notify the State Warning Center at (800) 852-7550.

Facilities that generate, treat, store or dispose of hazardous waste have additional responsibilities to notify and coordinate with other response agencies. Whenever there is an imminent or actual emergency situation such as an explosion, fire, or release, the Emergency Coordinator must follow the appropriate requirements for the category of facility and type of release involved:

1. Title 22 California Code of Regulations §66265.56. Emergency Procedures for generators of 1,000 kilograms or more of hazardous waste in any calendar month.

2. Title 22 California Code of Regulations §66265.196. Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems.

3. Title 40 Code of Federal Regulations §302.6. Notification requirements for a release of a hazardous substance equal to or greater than the reportable quantity.

4. Title 22 California Code of Regulations §66262.34(d)(2) and Title 40 Code of Federal Regula tions §262.34(d)(5)(ii) for gene rators of less than 1000 kilograms of hazardous waste in any calendar month.

Following notification and before facility operations are resumed in areas of the facility affected by the incident, the Emergency Coordinator shall notify the local UPA and the local fire department’s hazardous materials program, if necessary, that the facility is in compliance with requirements to:

1. Provide for proper storage and disposal of recovered waste, contaminated soil or surface water, or any other material that results from an explosion, fire, or release at the facility; and

2. Ensure that no material that is incompatible with the released material is transferred, stored, or disposed of in areas of the facility affected by the incident until cleanup procedures are completed.

EMERGENCY RESPONSE
PHONE NUMBERS:

AMBULANCE, FIRE, POLICE AND CHP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-1-1 CALIFORNIA STATE WARNING CENTER (CSWC)/CAL OES. . . . . . . . . . . . . . . . . . . . . . . . . . . . (800) 852-7550 NATIONAL RESPONSE CENTER (NRC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (800) 424-8802 POISON CONTROL CENTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (800) 222-1222 LOCAL UNIFIED PROGRAM AGENCY (UPA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1.

OTHER (Specify):

C2. C3.

NEAREST MEDICAL FACILITY / HOSPITAL NAME:

C4. C5.

AGENCY NOTIFICATION PHONE NUMBERS: CALIFORNIA DEPT. OF TOXIC SU BSTANCES CONTROL (DTSC) . . . . (916) 255-3545 REGIONAL WATER QUALITY CONTROL BOARD (RWQCB). . . . . . . .

C6.

U.S. ENVIRONMENTAL PROTECTION AGENCY (US EPA) . . . . . . . . . . . (800) 300-2193 CALIFORNIA DEPT. OF FISH AND WILDLIFE (CDFW) . . . . . . . . . . . . . . (916) 358-2900 U.S. COAST GUARD (USCG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (202) 267-2180 CAL OSHA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (916) 263-2800 CAL FIRE OFFICE OF THE STATE FIRE MARSHAL (OSFM) . . . . . . . . . (916) 323-7390 OTHER (Specify):

C7. C8.

OTHER (Specify):

C9. C10.

A1. CERS ID # A2. DATE OF PLAN PREPARATION/REVISION
— — (MM/DD/YYYY)
CERS Consolidated Emergency Response / Contingency Plan Rev. 03/07/17 Page 2 of 4
INTERNAL FACILITY EMERGENCY COMMUNICATIONS OR ALARM NOTIFICATION WILL OCCUR BY (Check all that apply): C11.

1. VERBAL WARNINGS; 2. PUBLIC ADDRESS OR INTERCOM SYSTEM; 3. TELEPHONE;

4. PAGERS; 5. ALARM SYSTEM; 6. PORTABLE RADIO
NOTIFICATIONS TO NEIGHBORING FACILITIES THAT MAY BE AFFECTED BY AN OFF-SITE RELEASE WILL OCCUR BY (Check all that apply): C12.

1. VERBAL WARNINGS; 2. PUBLIC ADDRESS OR INTERCOM SYSTEM; 3. TELEPHONE;

4. PAGERS; 5. ALARM SYSTEM; 6. PORTABLE RADIO
C13.EMERGENCY COORDINATOR CONTACT INFORMATION:

PRIMARY EMERGENCY COORDINATOR NAME: PHONE NO.:

ALTERNA
TE EMERGENCY COORDINATOR NAME: PHONE NO.:

PHONE NO.:

Check if additional Emergency Coordinator contact and address information is available onsite or by calling Note: If more than one alternate emergency coordinator is designated, attach a list in order of responsibility.

D. EMERGENCY CONTAINMENT AND CLEANUP PROCEDURES
Check the applicable boxes to indicate your facility’s procedures for containing spills and preventing and mitigating releases, fires and/or explosions.

1. MONITOR FOR LEAKS, RUPTURES, PRESSURE BUILD-UP, ETC.; D1.

2. PROVIDE STRUCTURAL PHYSICAL BARRIERS (e.g., Portable spill containment walls, built-in berms);

3. PROVIDE ABSORBENT PHYSICAL B ARRIERS (e.g., Pads, spill pigs, spill pillows);

4. COVER OR BLOCK FLOOR AND/OR STORM DRAINS;

5. LINED TRENCH DRAINS AND/OR SUMPS;

6. AUTOMATIC FIRE SUPPRESSION SYSTEM;

7. ELIMINATE SOURCES OF IGNITION FOR FLAMMABLE HAZARDS;

8. STOP PROCESSES AND/OR OPERATIONS;

9. AUTOMATIC / ELECTRONIC EQUIPMENT SHUT-OFF SYSTEM;

10. SHUT OFF WATER, GAS, ELECTRICAL UTILITIES;

11. CALL 9-1-1 FOR PUBLIC EMERGENCY RESPONDER ASSISTANCE AND/OR MEDICAL AID;

12. NOTIFY AND EVACUATE PERSONS IN ALL THREATENED AND/OR IMPACTED AREAS;

13. ACCOUNT FOR EVACUATED PERSONS IMMEDIATELY AFTER EVACUATION;

14. PROVIDE PROTECTIVE EQUIPMENT FOR ON-SITE EMERGENCY RESPONSE TEAM;

15. REMOVE CONTAINERS AND/OR ISOLATE AREAS;

16. HIRE LICENSED HAZARDOUS WASTE CONTRACTOR;

17. USE ABSORBENT MATERIAL FOR SPILL CONTAINMENT;

18. VACUUM SUCTION USING APPROPRIATE VACUUM (e.g., Intrinsically safe) FOR SPILL CONTROL AND/OR CLEANUP;

19. DECONTAMINATE PERSONNEL AND EQUIPMENT WITHIN DESIGNATED AREA AND DISPOSE OF WASTEWATER AS HAZARDOUS WASTE;

20. PROVIDE SAFE TEMPORARY STORAGE OF HAZARDOUS WASTE GENERATED DURING EMERGENCY ACTIONS;

21. OTHER (Specify): D2.

E. FACILITY EVACUATION
THE FOLLOWING ALARM SIGNAL(S) WILL BE USED TO BEGIN EVACUATION OF THE FACILITY (Check all that apply): E1.

1. BELLS;

2. HORNS/SIRENS;

3. VERBAL (i.e., Shouting);

4. OTHER (Specify):

E2.

THE FOLLOWING LOCATION(S) WILL BE USED FOR AN EMERGENCY ASSEMBLY AREA(S) (e.g., Parking lot, street corner): E3.

Note: The Emergency Coordinator must account for all onsite employees and visitors after evacuation.

EVACUATION ROUTE S AND ALTERNATE EVACUATION ROUTES ARE DESCRIBED AS FOLLOWS: E4.

1. WRITTEN PROCEDURES DESCRIBING ROUTES, EXITS, AND ASSEMBLY AREAS;

2. EVACUATION MAP(S) DEPICTING ROUTES, EXITS, AND ASSEMBLY AREAS;

3. OTHER (Specify): E5.

Note: Evacuation procedures and/or maps should be posted in visible facility locations and must be included in the Contingency Plan.

F. ARRANGEMENTS FOR EMERGENCY SERVICES
ADVANCE ARRANGEMENTS FOR LOCAL EMERGENCY SERVICES (Check one of the following):

1. HAVE BEEN DETERMINED NOT NECESSARY;
F1.

2. THE FOLLOWING ARRANGEMENTS HAVE BEEN MADE (Specify): F2.

Note: Advance arrangements with local fire and police departments, hospitals, state and local emergency response teams, and/or emergency services contractors should be made for your facility, if necessary. Large Quantity Generators must describe arrangements in the Contingency Plan.

PHONE NO.:

CERS Consolidated Emergency Response / Contingency Plan Rev. 03/07/17 Page 3 of 4
G. EMERGENCY EQUIPMENT
Check the applicable boxes to list emergency response equipment available at the facility, identify the location(s) where the equipment is kept, and indicate the equipment’s capability, if applicable.

TYPE EQUIPMENT AVAILABLE G1. LOCATION G2. CAPABILITY G3.

EXAMPLE CHEMICAL PROTECTIVE GLOVES SPILL RESPONSE KIT SINGLE USE, OIL RESISTANT ONLY Safety
and
First Aid

1. CHEMICAL PROTECTIVE SUITS, APRONS,

AND/OR VESTS

2. CHEMICAL PROTECTIVE GLOVES

3. CHEMICAL PROTECTIVE BOOTS

4. SAFETY GLASSES, GOGGLES, AND FACE

SHIELDS

5. HARD HATS

6. AIR-PURIFYING RESPIRATORS

7. SELF-CONTAINED BREATHING APPARATUS
(SCBA)

8. FIRST AID KITS

9. PLUMBED EYEWASH FOUNTAIN AND/OR
SHOWER

10. PORTABLE EYEWASH KITS AND/OR

STATION

11. OTHER
Fire
Fighting

12. PORTABLE FIRE EXTINGUISHERS

13. FIXED FIRE SUPPRESSION SYSTEMS AND/

OR SPRINKLERS

14. FIRE ALARM BOXES

15. OTHER
Spill
Control
and
Clean-Up

16. ALL-IN-ONE SPILL KIT

17. ABSORBENT MATERIAL

18. CONTAINER FOR USED ABSORBENT

19. BERM AND/OR DIKING EQUIPMENT

20. BROOM

21. SHOVEL

22. VACUUM

23. EXHAUST HOOD

24. SUMP AND/OR HOLDING TANK

25. CHEMICAL NEUTRALIZERS

26. GAS CYLINDER LEAK REPAIR KIT

27. SPILL OVERPACK DRUMS

28. OTHER
Communi-
cations
and
Alarm
Systems

29. TELEPHONES (e.g., Cellular)

30. INTERCOM AND/OR PA SYSTEM

31. PORTABLE RADIOS

32. AUTOMATIC ALARM CHEMICAL

MONITORING EQUIPMENT
Other 33. OTHER

34. OTHER
CERS Consolidated Emergency Response / Contingency Plan Rev. 03/07/17 Page 4 of 4
H. EARTHQUAKE VULNERABILITY
Identify areas of the facility that are vulnerable to hazardous materials releases due to seismic motion. These areas require immediate isolation and inspection.

VULNERABLE AREAS (Check all that apply): H1. LOCATIONS (e.g., Shop, outdoor shed, lab): H2.

1. HAZARDOUS MATERIALS AND/OR WASTE STORAGE AREAS

2. PROCESS LINES AND PIPING

3. LABORATORY

4. WASTE TREATMENT AREA
Identify mechanical systems vulnerable to releases / spills due to earthquake-related motion. These systems require immediate isolation and inspection.

VULNERABLE SYSTEMS AND/OR EQUIPMENT (Check all that apply): H3. LOCATIONS: H4.

1. SHELVES, CABINETS AND/OR RACKS

2. TANKS AND SHUT-OFF VALVES

3. PORTABLE GAS CYLINDERS

4. EMERGENCY SHUT-OFF AND/OR UTILITY VALVES

5. SPRINKLER SYSTEMS

6. STATIONARY PRESSURIZED CONTAINERS (e.g., Propane tank) I. EMPLOYEE TRAINING
Employee training is required for all employees and/or contractors handling hazardous materials and/or hazardous wastes during normal and/or emergency operations.

Most facilities will need to submit a separate Training Plan. However, your CUPA may accept this section as the Training Plan for some small facilities.

Employee training plans may include the following content:
 Applicable laws and regulations;
 Emergency response plans and procedures;
 Safety Data Sheets;
 Hazard communication related to health and safety;
 Methods for safe handling of hazardous substances;
 Hazards of materials and processes (e.g., fire, explosion, asphyxiation);  Hazard mitigation, prevention and abatement procedures;  Coordination of emergency response actions;
 Notification procedures for local emergency responders, CUPA, Cal OES, and onsite personnel;
 Communication and alarm systems;
 Personal protective equipment;
 Use and maintenance of em
ergency response equipment and supplies
(e.g. Fire extinguishers, respirators, spill control materials);  Decontamination procedures;
 Evacuation procedures and evacuation staging locations;  Identification of facility areas, equipment, and systems vulnerable to earthquakes and other natural disasters.
 OTHER (Specify):

Check the applicable boxes below to indicate how the employee training program is administered.

1. FORMAL CLASSROOM 2. VIDEOS 3. SAFETY MEETINGS 4. STUDY GUIDES / MANUALS I1.

5. OTHER (Specify): I2.

6. NOT APPLICABLE SINCE FACILITY HAS NO EMPLOYEES

7. CHECK IF A SEPARATE EMPLOYEE TRAINING PLAN IS USED AND UPLOADED TO CERS AS A PDF DOCUMENT

8. CHECK IF EMPLOYEE TRAINING IS COVERED BY THE ABOVE REFERENCED CONTENT AND OTHER DOCUMENTS ONSITE I3.

I4.

EMPLOYEE TRAINING FREQUENCY AND RECORDKEEPING TRAINING MUST BE:
 Provided initially for new employees as soon as possible follow ing the date of hire. New employees should not work in an unsu pervised position that involves hazardous materials handling and/or hazardous waste management without proper training;  Provided within six months from the date of hire for new employees at a large quantity generator;  Ongoing and provided at least annually;
 Amended prior to a change in process or work assignment;  Given upon modification to the Emergency Response/Contingency Plan.

Large Quantity Generator Training: Large quantity generators (1,000 kg or more) must retain written plan and documentation of employee training which includes:
 A written description of the type and amount of both initial and ongoing training that will be given to persons filling each job position having responsibility for hazardous waste management and/or emergency response.
 The name, job title and job description for each position at the facility related to hazardous waste management.  Current employee training records must be retained until closur e of the facility and former emplo yee training records must be retained for at least three years after termination of employment.

Small Quantity Generator Training: Small quantity generators (less than 1,000 kg) must include basic hazardous waste management and emergency response procedures but a written employ ee training plan and training records are not required. In order to show that the facility has met the small quantity generator employee training requirement, an employee training plan and training records may be made available.

Hazardous Materials Business Plan Training: Businesses must provide initial and annual employee training that includes the content re ferenced above. The training may be based on the job position and training records must be made available for a period of at least three years.

J. LIST OF ATTACHMENTS
Check one of the following:

1. NO ATTACHMENTS ARE REQUIRED; or
J1.

2. THE FOLLOWING DOCUMENTS ARE ATTACHED: J2.

State Water Resources Control Board

NOTICE OF INTENT

GENERAL PERMIT TO DISCHARGE STORM WATER

ASSOCIATED WITH CONSTRUCTION ACTIVITY
(WQ ORDER No. 2009-0009-DWQ)

0.32 apple
[email protected]
ernesto@Barron Builders.com
Dan Whisenhunt

0.36 8 Acres
Region 2 - San Francisco Bay
19191 Vallco Parkway
[email protected]
510-622-2300
1 infinite loop

37.32532
Santa Clara
June 01, 2015
November 10, 2015
2 43C373627
Contractor Representative
VP Facilities Real Estate
cupertino CA 95014
Ajay Singh
Dan Whisenhunt
VP Facilities Real Estate
20679
-122.00629
Calabazas Creek
Cupertino CA 95014
Dan Whisenhunt
Ernesto Barron
VP01
No
VP Real Estate & Development
Level1
apple
cupertino CA 95014
650-964-4493
408-974-5170
408-974-5170
[email protected]

37.5 April 30, 2016
July 24, 2015
Private Business
6 Acres
1 infinite loop

Approved Date:

RECEIPT OF YOUR NOTICE OF INTENT (NOI)
The State Water Resources Control Board (State Water Board) has received and processed your NOI to comply with th
e terms of the General Permit to Discharger Storm
Water Associated with
Construction Activity. Accordingly, you are required to comply with the permit requirements.

The Waste Discharger Identification (WDID) number is:
.

Please use this number
in any future communication regarding this permit.

SITE DESCRIPTION
OWNER:

DEVELOPER:

SITE INFORMATION:

TOTAL DISTURBED ACRES:

START DATE:

COMPLETION DATE:

COUNTY:

When the Owner changes , a new NOI, site map, and fee must be submitted by the new Owner. As the previous owner, you are required to submit a Notice of Termination (NOT) to the local Regional Water Board stating you no longer own or operate the Site and coverage under the General Permit is not required. Unless notified, you will continue and are responsible to pay the annual fee invoiced each

If you have any questions regarding permit requirements, please contact your Regional Water Board at . Please visit the storm water web site at http://www.waterboards.ca.gov/water_issues/programs/stormwater/ to obtain an NOT and other storm water related information and forms.

Sincerely,
Storm Water Section
Division of Water Quality

2 43C373627
Cupertino
www.waterboards.ca.gov, ph:1-866-563-3107, fax:(916) 341-5543 apple
1001 I Street, PO Box 1977, Sacramento, California, 95812

GAVIN NEWSOM

JOAQUIN ESQUIVEL, CHAIR
apple
August 05, 2015
VP01
6 510-622-2300

EILEEN SOBECK, EXECUTIVE OFFICER

JARED BLUMENFELD
Dan Whisenhunt
apple
19191 Vallco Parkway
cupertino CA 95014
April 30, 2016
1 infinite loop
Santa Clara
July.

State Water Resources Control Board
June 01, 2015
From: Public Records
To: Teri Sweeney
Subject: Public Records Request No. 2021-03-0341
Date: Monday, March 29, 2021 1:08:54 PM
Dear Teresa Sweeney,

Thank you for your request. We have searched our records and have no records that respond to your below request for:

19191 Vallco Parkway
Cupertino

If you have any questions or concerns, please call or e-mail me.

Sincerely,
Rochele Henderson
Public Records Section
BAAQMD
415-516-1916

Printed on Recycled Paper
April 2, 2021

Teri Sweeney
EKI Environmental & Water, Inc.

[email protected]

Public Records Request Number: 2-032921-02
Location(s): 19191 Vallco Parkway, Cupertino, CA 95014

Dear T. Sweeney,

We have received your Public Records Act Request at the Department of Toxic Substances Control (DTSC). Upon thorough review of our files, we found no records pertaining to the site(s) referenced above.

For information regarding public reports on hazardous waste shipments of generators, transporters, and TSDFs, you can access our Hazardous Waste Tracking System (HWTS) online at: https://hwts.dtsc.ca.gov/. Select the “Reports” tab for search options. If you are interested in retrieving detailed reports, please contact the HWTS unit via e-mail: [email protected] or phone: 1-800-618-6942. Customized reports may require a fee. For copies of manifests, please send an e-mail to [email protected].

In addition, the DTSC provides access to public records online via EnviroStor; a nother data management system that tracks our efforts in cleanup, permitting, enforcement, and investigation of known/suspected hazardous waste sites and facilities. The available data is updated in real- time. You can access Envirostor online at www.envirostor.dtsc.ca.gov. Navigate the website easily by clicking the "How to Use EnviroStor" tab, then selecting the option “Take a Tour”.

If you have any questions or would like further information regarding your request, please contact me via phone: 510-540-3800 or e-mail: [email protected].

Sincerely,

Christina de la Vega
Regional Records Coordinator
Attachment G
Analytical Laboratory Reports Provided by
K-Prime, Inc. and Forensic Analytical Laboratory
(2021)

Final Report
Bulk Asbestos Material Analysis
(Air Resources Board Method 435, June 6, 1991)
EKI Environment & Water
2001 Junipero Serra Boulevard
Ste 300
Project Manager
Daly City, CA 94014
Client ID:

Report Number:

Date Received:

Date Printed:

Date Analyzed:

N013850
2103
04/22/21
04/22/21
Job ID/Site: SGSFL Job ID:C12001.25/ 20210415-1 - Vallco Parkway (VP01); 19191 Vallco Parkway, Cupertino, CA
2103
04/16/21
Total Samples Submitted:

Total Samples Analyzed:
3 3PLM Report Number: N/A
Sample Preparation and Analysis:

Samples were analyzed by the Air Resources Board's Method 435, Determination of Asbestos Content of Serpentine Aggregate. Samples were ground to 200 particle size in the laboratory. Approximately 1 pint was retained for analysis. Samples were prepared for observation according to the guidelines of Exception I and Exception II as defined by the 435 Method. Samples which contained less than 10% asbestos were prepared for observation according to the point count technique as defined by the 435 Method. This analysis was performed with a standard cross-hair reticle.

Lab NumberSample ID Layer Description
HA1-2-BR 12411354 Brown Soil
Visual Estimation Results:
100
Visual estimation percentage: None Detected
Asbestos type(s) detected: None Detected
Matrix percentage of entire
Comment: This result meets the requirements of Exception I as defined by the 435 Method.

HA3-4-BR 12411355 Brown Soil
Visual Estimation Results:
100
Visual estimation percentage: None Detected
Asbestos type(s) detected: None Detected
Matrix percentage of entire
Comment: This result meets the requirements of Exception I as defined by the 435 Method.

HA5-6-BR 12411356 Brown Soil
Asbestos type(s) detected: Chrysotile
< 0.25
100
Number of asbestos points counted:

Number of non-empty points: 400
0 Visual estimation percentage: <1
Percent asbestos in matrix:

Matrix percentage of entire
Point Count Results:

Comment: Asbestos was detected but no points were counted due to counting criteria. Therefore quantitation deemed to be < 0.25%. 1 of 2
3777 Depot Road, Suite 409, Hayward, CA 94545 / Telephone: (510) 887-8828 (800) 827-FASI / Fax: (510) 887-42 Final Report
Bulk Asbestos Material Analysis
(Air Resources Board Method 435, June 6, 1991)
EKI Environment & Water
2001 Junipero Serra Boulevard
Ste 300
Project Manager
Daly City, CA 94014
Client ID:

Report Number:

Date Received:

Date Printed:

Date Analyzed:

N013850
2103
04/22/21
04/22/21
Job ID/Site: SGSFL Job ID:C12001.25/ 20210415-1 - Vallco Parkway (VP01); 19191 Vallco Parkway, Cupertino, CA
2103
04/16/21
Total Samples Submitted:

Total Samples Analyzed:
3 3PLM Report Number: N/A
Sample Preparation and Analysis:

Lab NumberSample ID Layer Description
Tad Thrower, Laboratory Supervisor, Hayward Laboratory
Note: Limit of Quantification (LOQ) = 0.25%. Trace denotes the presence of asbestos below the LOQ. ND = None Detected.

Analytical results and reports are generated by SGS Forensic Laboratories (SGSFL) at the request of and for the exclusive use of the person or entity (client) named on such report.

Results, reports or copies of same will not be released by SGSFL to any third party without prior written request from client. This report applies only to the sample(s) tested.

Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by SGSFL. The client is solely responsiblefor the use and interpretation of test results and reports requested from SGSFL. SGSFL is not able to assess the degree of hazard resulting from materials analyzed. SGS Forensic Laboratories reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 2 of 2
3777 Depot Road, Suite 409, Hayward, CA 94545 / Telephone: (510) 887-8828 (800) 827-FASI / Fax: (510) 887-42

Attachment H

Resumes for Preparers of Phase I ESA Report

1-3

Paul B. Hoffey
Principal Environmental Scientist
Mr. Hoffey has thirty-seven years of environmental consulting experience in conducting environmental assessments. At EKI, Mr. Hoffey heads up the Property Transaction Environmental Due Diligence division, and is principal quality control reviewer of Phase I Environmental Site Assessment (ESA) reports.

Mr. Hoffey has performed, written, managed, and reviewed hundreds of Phase I ESA reports for a variety of land uses from large open space properties to heavy industrial and manufacturing sites. Mr. Hoffey’s clients have varied from non- profit land use trusts, to residential and commercial developers, to community redevelopment agencies, to large multi-national high technology firms. Mr. Hoffey frequently provides Phase I ESA training workshops and has given many seminars to community groups and other professionals on Phase I ESAs, the ASTM E1527 Phase I guidance, and environmental due diligence in property transactions. Mr. Hoffey is an Environmental Professional as defined by the U.S. Environmental Protection Agency’s (U.S. EPA) All Appropriate Inquires (AAI) Rule (Part 312.10).

Prior to joining EKI, Mr. Hoffey worked for three years preparing and managing Environmental Impact Reports (EIRs) under the California Environmental Quality Act (CEQA) for various proposed development projects.

Relevant Experience
• Environmental Due Diligence . United States and Abroad. Principal Environmental Scientist/Client Manager. Over the past 13 years, Mr.

Hoffey has provided overall environmental due diligence services on behalf of a Fortune 50 multi- national technology company based in California for its planned acquisition and lease facilities located throughout the United States as well as in ternationally. Services provided to this client by Mr. Hoffey include preparation of Phase I assessments for property acquisitions and mergers & acquisitions, design and implementation of Phase II sampling investigations, vapor intrusion assessment, and coordination with sub- consultants worldwide for the provision of other due diligence services including asbestos and lead paint assessments, indoor air sampling, mold and moisture assessments, and other hazardous materials assessment services, as well as providing technical support to the client and legal counsel regarding potential environmental liabilities and business risks associated with contaminated properties. Throughout this 1 3- Education
• B.S., Physical Geography/
Minor in Geology,
University of Iowa, 1984
Registrations/Certifications
• 40-hour OSHA HAZWOPER
Training Course
• 8-hour Health and Safety
Training Course for
Supervisors

Paul B. Hoffey

2-3

year period, Mr. Hoffey has assisted the Environment Health and Safety (EHS) division of the client company with the development of a formal environmental due diligence program and vapor intrusion assessment and monitoring program that is being adopted by EHS and the various lease and acquisition departments within the company.
• Brownfields Assessments. Multiple Locations. Project Manager. Mr. Hoffey has prepared Phase I ESAs for communities and city redevelopment agencies interested in revitalization of blighted areas. Issues included contamination associated with former gasoline service stations, dry cleaning facilities, and automotive repair shops . Mr. Hoffey assisted such organizations with the evaluation of data given planned land uses, and potential environmental ri sks and liabilities, as well as potential remedial options and costs . Mr. Hoffey also assisted one community with the development of a database of environmental information for properties located within a designated redevelopment area, such that the inform ation could be used by the city and potential redevelopment partners to facilitate assessment and re-use of impaired properties.
• Planning Assistance. Multiple Locations. Project Manager. Mr. Hoffey has assisted residential developers in the assessment and re-use planning of former agric ultural and manufacturing properties, including the preparation of Phase I ESAs, design of Phase II scopes of work, and assisting the clients with remedial option planning, cost estimating, and regulatory planning associated with converting properties to more sensitive residential use . Issues addressed included pesticides in soil and the potential for direct exposure concerns, and solvents in groundwater and the potential for vapor intrusion concerns.
• Superfund Site Redevelo pment Planning . San Francisco Bay Area, CA. Project Environmental Scientist. Mr. Hoffey assisted a developer with environmental due diligence of a portion of a Federal Superfund site for acquisition and redevelopment into office uses . Mr. Hoffey assisted client by performing a Phase I ESA to identify potential issues associated with re -use, provided technical support to client in obtaining a Prospective Purchaser Agreement from the U.S. EPA, assisted client with identification of on-going obligations, including design and implementation of vapor mitigation, allowing access to the site by Responsible Parties, and providing overall technical support in communications with the seller and responsible parties. • Site Acquisition and Development Planning . San Francisco Bay Area, CA. Project Environmental Scientist. Mr. Hoffey assisted a developer with potential acquisition and re -development of an approximate 150-acre former automobile manufacturing facility . Mr. Hoffey reviewed prior Phase I ESA and Phase II reports prepared for the facilities, reviewed regulatory agency information related to ongoing investigations and remedial actions, and assisted client with evaluation of identified and potential environmental issues that could impact redevelopment of the site . Areas of concern included petroleum hydrocarbons and solvents in shallow groundwater from on -site releases, and potential issues from former operations areas such as rail spur tracks, spray paint areas and sludge pits, various tanks farms, and hazardous waste storage areas that were not fully characterized . Mr.

Hoffey provided to client a spreadsheet of identified and potential issues, options for additional investigations and corrective actions, and estimated cost ranges to implement actions.

Paul B. Hoffey

3-3

• Phase I ESA’s/Environmental Due Diligence . Multiple Locations. Project Manager. Mr. Hoffey has completed numerous Phase I ESAs for various non-profit land trusts for potential acquisition of large tracts of land used for open space, agriculture, and ranching. Issues identified and characterized by Mr. Hoffey included pesticides in soil in and around mixing areas and cattle squeeze gates, ranch dumps containing discarded chemical drums and cans, landfills, and above ground and below ground fuel storage tanks . Mr. Hoffey has assisted clients with the development of Phase II investigations, design and implementation of corrective actions, and development of remedial action cost estimates that were used to facilitate the transactions.
• Tenant Environmental Audits. San Francisco Bay Area, CA. Project Manager. Mr. Hoffey is currently assisting a property management firm with annual and biennial auditing of its tenants that use and store chemicals. For each environmental audit, Mr. Hoffey reviews regulatory agency and chemical use inventory information for these facilities, conducts a site visual survey of chemical use and storage areas, conducts interviews with tenants, and prepares a report for the property management firm that identifies potential issues and options for corrective actions. The audits are used by the property management firm to demonstrate to the respective owners that actions are being taken to reduce the potential for impairment to the properties caused by tenant activities. • Technical Support for Current Property Owner. Sunnyvale, CA. Environmental Scientist. On behalf of a current property owner, Mr. Hoffey evaluated the status of a site that has been the subject of 15 years of investigations by the California Department of Toxic Substanc es Control (DTSC) . The client was named the Potentially Responsible Party (PRP) by the DTSC and was being held liable for nearly $1.2 million in investigation and DTSC oversight costs incurred to date. Mr. Hoffey evaluated over 15 years of site data and determined that the DTSC had not sufficiently identified the site as a source for the contamination in the subsurface beneath the site . At a meeting held between EKI, its client and attorney, and the DTSC, Mr. Hoffey presented arguments that the site was not the source for the contamination detected in site groundwater . The DTSC concurred with EKI’s findings and agreed to close the site and absolve EKI’s client of past costs . EKI prepared the closure documentation for the site, including a Remedial Investigat ion Summary Report, Human Health Risk Assessment (HHRA), Public Participation Plan, and Removal Action Work Plan (RAW).

1-3

Jessica Fadde Daugherty, PG
Geologist
Ms. Daugherty twenty-six years of experience in field planning and implementation of site characterization and remediation projects.

Ms. Daugherty has extensive experience in performing Phase I environmental site assessments (ESAs) . She has also conducted numerous subsurface investigat ions of soil, groundwater, and soil vapor contamination with various types of chemicals including chlorinated solvents, polychlorinated biphenyls (PCBs), petroleum hydrocarbons (TPHs), agricultural pesticides, metals, and leaking underground storage tanks (USTs) containing fuels and solvents.

Additionally, Ms. Daugherty performs construction observation services and contractor management for remediation projects. She has expertise managing large sets of data, depicting the results of investigations on maps, and preparing geologic cross-sections to aid in the interpretation of subsurface conditions. Ms. Daugherty has also performed detailed research of field documentation to support site conceptual models as part of litigation activities.

Relevant Experience
• Soil and Groundwater Environmental Investigations . San Francisco Bay Area, CA. Ms. Daugherty coordinated and
implemented soil and groundwater investigations at numerous sites in the Bay Area with former industrial/commercial, residential, and agricultural land uses . Coordination and oversight tasks performed by Ms. Daugherty for these projects include procuring permits from both city and county agencies; writing work authorizations and health and safety plans; coordinating with analytical laboratories; obtaining and overseeing subcontractors such as drillers, utility locators, and concrete corers; and managing the disposal of investigation derived wastes (IDWs). Ms. Daugherty managed and performed a number of o n-site activities, including drilling soil borings using hollow-stem auger and direct-push drilling as well as performing in-situ environmental investigation techniques such as cone penetration testing (CPT) and membrane interface probe (MIP) . Ms. Daugherty is also experienced with various methods of sample collection, including discrete soil sampling, confirmation soil sampling, multi- increment sampling, soil vapor sampling, grab groundwater sampling, and purging and sampling of monitoring wells . She is experienced in soil borehole logging techniques and in preparing and interpreting geologic Education
• M.S., Applied Geosciences,
San Francisco State
University, 2007
• B.A., Interpersonal and
Intercultural
Communications, State
University of New York at
New Paltz, 1995
Registrations/Certifications
• Professional Geologist, CA
(PG #9116)
• 40-hour OSHA HAZWOPER
Training Course

Jessica Fadde Daugherty, PG

2-3

cross-sections for remedial design . She has performed excavation oversight and perimeter air monitoring.
• Deep Groundwater Investigation. Ms. Daugherty managed a 4 -month long deep groundwater investigation on multiple sites that encompassed approximately 16-acres. During this investigation, she simultaneously managed several detailed and fast-paced activities including street closures, utility clearance, CPT, MIP, grab groundwater sampling, soil sampling, UST removal, well installation and borehole logging using various drilling methods, well development, well sampling, and IDW management.
• Sub-Slab Vapor and Soil Vapor Probe Installation. San Francisco Bay Area, CA. Ms. Daugherty installed sub-slab vapor and soil vapor probes at multiple commercial and industrial sites and sampled these probes in accordance with regulatory guidance . She has planned an indoor air sampling investigation to evaluate whether significant vapor intrusion (VI) was occurring at a site in the San Francisco Bay Area.
• In Situ Groundwater Remediation using ERD. San Francisco Bay Area, CA. Ms. Daugherty is the lead involved in field planning for multiple pilot study tests and full -scale implementation for in situ groundwater remediation using enhanced reductive dechlorination (ERD) at multiple sites in a city in the San Francisco Bay Area. The client is under the oversight of the Department of Toxic Substances Control (DTSC) . Ms. Daugherty has been involved in coordinating mult iple injection events . Tasks involved in these injection events include managing injection logistics, interpreting injection intervals, using different amendments to adjust for pH and subsurface biology , handling challenging access conditions, and managing surfacing of the injected constituents. These injection events have led to a successful reduction of chlorinated volatile organic comp ounds (CVOCs) concentrations in groundwater by three orders of magnitude, to date.
• Environmental Site Assessments. San Francisco Bay Area, CA. Ms. Daugherty prepared Phase I ESAs at numerous commercial and industrial sites across the Bay Area in general accordance with the United States Environmental Protection Agency (U.S. EPA) All Appropriate Inquiries (AAI) rule and the American Society of Testing and Materials (ASTM) E -1527 guidance . Ms. Daugherty has also developed and performed Phase II subsurface in vestigations for soil, soil vapor, and groundwater following Phase I recommendations.
• Plan Preparation for Remedial Implementation. Ms. Daugherty assisted in plan preparation for remedial implementation . These plans include storm water pollution prevention plans (SWPPP), sampling and analysis plans (SAP), quality assurance project plans (QAPP), air monitoring plans, traffic control plans, decontamination plans, and dust and vapor control plans. • Physical Modeling Experiments of Gravel Bedded River. California. Prior to joining EKI, Ms. Daugherty conducted physical modeling experiments of a gravel bedded river in a flume with a research team from UC Berkeley and UC Santa Barbara, for a CALFED funded study to guide future river restoration projects. During this research Ms. Daugherty assisted in the design and reconstruction of the flume to be used in the experiments, carried out flume experiments, used sonar and laser equipment to create topographical profiles of the gravel bed, mapped sediment pulse movement through the flume, and analyzed grain size distributions of sediments by weight and through point counts.

Jessica Fadde Daugherty, PG

3-3

• Fault Creep Monitoring Project. San Francisco, CA. Research Assistant. As a research assistant with the San Francisco State University (SFSU) Fault C reep Monitoring Project, Ms. Daugherty performed theodolite survey measurements of seismic fault movement on alignment arrays on active strike-slip faults in the San Francisco Bay Area.

Presentations and Publications
Venditti, J.G., W.E. Dietrich, P.A. Nelson, M.A. Wydzga, J. Fadde, and L.S. Sklar, 2010. Effect of Sediment Pulse Grain Size on Sediment Transport Rates and Bed Mobility in Gravel Bedded Rivers, Journal of Geophysical Research-Earth Surface, 115: F03039. doi:10.1029/2009JF001418.

Venditti, J.G., W.E. Dietrich, P.A. Nelson, M.A. Wydzga, J. Fadde and L.S. Sklar, 2010. Mobilization of Coarse Surface Layers in Gravel -bedded Rivers by Finer Gravel Bedload, Water Resources Research, doi:10.1029/2009WR008329.

Sklar, L.S., J. Fadde, J.G. Venditti, A. Wyzdga, P. Nelson, Y. Cui, and W.E. Dietrich, 2009. Translation and Dispersion of Sediment Pulses in Flume Experiments Simulating Gravel Augmentation Below Dams, Water Resources Research, 45, doi:10.1029/2008WR007346.

Fadde, J.E., J.G. Venditti, L.S. Sklar, A. Wydzga, P.A. Nelson, and W.E. Die trich, October 2006, Sediment Pulse Propagation in Flume Experiments Simulating Gravel Augmentation in Armored Channels Downstream of Dams, 4th Biennial CALFED Science Conference, Sacramento, CA, October 23-25. (Poster) Venditti, J.G., W.E. Dietrich, P.A. Nelson, A. Wyzdga, J.E. Fadde, and L.S. Sklar, October 2006, Mobilization of Armored Gravel by Pulses of Fine Gravel, 4th Biennial CALFED Conference, Sacramento, CA, October 23-25.

Fadde, J., J.G. Venditti, L.S. Sklar, M.A. Wydzga, P.A. Nelson and W.E. Die trich, 2005, Propagation of Sediment Pulses in Flume Experiments Simulating Gravel Augmentation in Armored Channels Downstream of Dams, Eos Trans. AGU, 86(52), Fall Meet. Suppl., Abstract H53D-0487. (Poster) Venditti, J.G., W.E. Dietrich, P.A. Nelson, M.A. Wydzga, J. Fadde and L.S. Sklar, 2005, Can Coarse Surface Layers in Gravel-bedded Rivers be Mobilized by Finer Gravel Bedload? Eos Trans. AGU, 86(52), Fall Meet.

Suppl., Abstract H51H-05.

CC 04-13-2023

Development Proposal
Apple Vallco Parkway

Desk Item
1 CITY COUNCIL STAFF REPORT

DESK ITEM
Meeting: April 13, 2023

Agenda Item #4

Subject
Consider the proposed development of a 282,320 -square-foot office building with a detached 213,080-square-foot parking structure and removal and replacement of 113 trees subject to a Development Permit, Architectural and Site Approval, and Tree Removal permit, and exemption from the California Environmental Quality Act. (Application No(s):

DP-2021-001, ASA-2021-003, TR-2021-020; Applicant(s): Apple, Inc.; Location: 19191 Vallco Parkway; APN #316-20-117)

Recommended Action
Recommends that the City Council adopt the Resolutions (Attachments A-C) to:

1. Find the project exempt from CEQA pursuant to Guidelines section 15183;

2. Adopt Resolution No. 23- 047 approving the Development Permit (DP -2021-001) including the adoption of alternative parking standards pursuant to Municipal Code section 19.124.060(C);

3. Adopt Resolution No. 23- 048 approving the Architectural and Site Approval Permit (ASA-2021-003); and

4. Adopt Resolution No. 23-049 approving the Tree Removal Permit (TR-2021-020).

Background:

PlaceWorks, the Environmental Review Consultant for the project at 19191 Vallco Parkway, A.K.A. VP1, provided the attached response memo randum to public comment emailed to the City on Monday, April 10, 2023. The public comment received raised technical issues related to migration of environmental contaminants. The responses provided are for informational purposes, as explained in the memorandum.

Attachment Provided with Desk Item:

L. VP1 Apple Office Project CEQA Guidelines Section 15183 Checklist Responses to Comments Memo

MEMORANDUM
DATE April 12, 2023
TO Gian Martire, City of Cupertino
FROM Cathy Fitzgerald, PlaceWorks
SUBJECT VP1 Apple Office Project CEQA Guidelines Section 15183 Checklist Responses to Comments Memo
This memo provides a response to public comment emailed to Gian Martire on Monday, April 10, 2023 by Ashley M. Gjøvik. Because Ms. Gjøvik has not provided any evidence that she is qualified to opine on technical issues related to migration of environmental contaminants, it is not necessary to address her comments for purposes of Council’s decision regarding the project. Nevertheless, the response below is provid ed for informational purposes. This memo presents an exact copy of the comment and is followed by a response.

Comment 1: Only small section of the building was tested for soil vapors in 2007 & 2021. That northeast corner is a fraction (1/5th) of the overall building. Apple apparently didn't let EKI even survey the rest of the building. That does not seem sufficient. Apple's argument was apparently that the rest of the building was secure lockdowns -- however, after the building is vacated, additional testing could be done. In addition, I don't see why additional testing wasn't done in at least the atrium. Considering the known contamination onsite and at adjacent properties, any request to wave an EIR seems like it should be justified with thorough preliminary testing. So either they test more of the building & then reapply for the waiver if the results justify it, or just do an EIR which would likely require more testing and engagement with Santa Clara DEH anyways.

Response 1: The California Environmental Quality Act (CEQA) Guidelines Section 15183 Checklist (15183 Checklist) for the VP1 Apple Office Project (proposed project) is not an exemption or a “waiver ,” as characterized by the commenter , from evaluating a proposed project’s impacts under CEQA and disclosing any potential impacts and mandatory mitigation measures . As described in the 15183 Checklist, CEQA Guidelines Section 15183, Projects Consistent with a Community Plan or Zoning , provides a special streamlining process that exempts qualifying projects from additional analysis to reduce the need to prepare repetitive environmental studies. Pursuant to CEQA Guidelines Section 15183(a), CEQA mandates that projects that are consistent with development density established by existing zoning, community pla n, or general plan policies for which an Environmental Impact Report (EIR) was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.

Here, the analysis presented in the 15183 Checklist included a site-specific analysis of the specific hazardous materials on the project site and the potential impacts associated with demolition of the existing building and the construction of a new office and retail building and a parking garage in light of those existing conditions.

April 12, 2023 | Page 2
The standard procedure for conducting a Phase I Environmental Site Assessment (ESA) is to determine if there are any environmental liabilities by doing a site inspection , r eviewing records on previous chemical usage in the facility, and identifying locations where these chemicals were used. Based on the results of the Phase I ESA, a Phase II ESA was conducted inside the building at the locations of potential past chemical usage. The investigation therefore targeted the northeast portion of the building, which included an electrical room, an air handling room, a utility room, the first-floor “Atalla Room”, a shipping and receiving area, and a former s erver or storage room. Ten soil vapor samples were taken in these locations in 2007 and an additional four soil vapor samples in 2021. There was no previous chemical usage in the atrium and therefore , soil vapor samples were not collected here or in other portions of the building.

In 2007, the soil vapor investigation was conducted, and samples were collected for potential chemicals of concern, based on a review of previous chemical usage and Santa Clara County Fire Department file.

The potential chemicals of concern included cleaning solutions (PCE, TCE, and TCA), paints and resins, and hydrofluorocarbons, such as Freon, used in air conditioning and refrigeration systems. All soil vapor concentrations were below the San Francisco R egional Water Control Boar d’s (R WQCB’s) Environmental Screening Levels (ESLs), except for benzene, which was detected at a maximum soil vapor concentration of 85.3 µ g/m

3. There also were elevated concentrations of methane detected , which was the result of a natural gas pipelin e leak beneath the building, which was subsequently repaired by PG&E. The elevated benzene concentration most likely was associated with the natural gas leak. In residences, low level gas leaks from kitchen stoves, even when off, can create hazardous levels of benzene concentrations in indoor air.1
Because the elevated methane concentrations during the 2007 soil vapor investigation resulted in high detection limits for other chemicals, an additional soil vapor investigation was conducted in 2021. Four additional soil vapor samples were collected. All soil vapor concentrations were below ESLs, except for one vapor sample, which had a benzene concentration of 18.1 µ g/m

3. This is just slightly above the
revised ESL for benzene of 14 µg/m3. However, the concentration of benzene between 2007 and 2021 decreased by 79 percent due to attenuation after repair of the natural gas leak. According to the San Francisco RWQCB guidance, the presence of a chemical at concentrations exceeding an ESL doe s not necessarily indicate adverse effects on human health or the environment. A benzene concentration just above the ESL at 18.1 µ g/m3 represents a potential incremental risk of one in a million. According to California guidance for vapor intrusion mitigation, no further investigation or mitigation is necessary unless risks exceed the one in a million level. Also, this concentration occurred in only one of the four samples; the other three samples were well below the ESL. Therefore, the soil vapor investigations were conducted in accordance with RWQCB, Department of Toxic Substances Control ( DTSC), and Phase II

1 University of California, Berkeley, 2022. Public Health News. Leaks from gas stoves can create toxic levels of hazardous air pollutants, https://publichealth.berkeley.edu/news-media/research- highlights/leaks-from-gas-stoves-can-create-toxic-levels-of-hazardous-air-pollutants/, and Composition, Emissions, and Air Quality Impacts of Hazardous Air Pollutants in Unburned Natural Gas from Residential Stoves in California, Eric D. Lebel, Drew R. Michanowicz, Kelsey R. Bilsback, Lee Ann L.

Hill, Jackson S. W. Goldman, Jeremy K. Domen, Jessie M. Jaeger, Angélica Ruiz, and Seth B. C.

Shonkoff, Environmental Science & Technology 2022 56 (22), 15828-15838, DOI:

10.1021/acs.est.2c02581, accessed April 11, 2023.

April 12, 2023 | Page 3
ESA procedures and guidance and there is no potential threat to commercial occupants of the planned reconstruction project. In any event, the impact of existing low levels of environmental contaminants on the project is not an impact of the project on the enviro nment that is subject to evaluation under CEQA. Accordingly, the project would have a less than significant impact.

Comment 2: A coworker told me there were ongoing employee health issues in the building including headaches and dizzy spells, which they said were reported to Apple, and Apple EH&S did some kind of particulate and gas testing. If that is true (and I believe it is, as the person sounded certain), that seems like something Apple should disclose if they're requesting an EIR waiver. One would think if they did indoor air gas testing at some point and the results came back in range, then they'd want to mention that to support why additional testing is not needed. If those test results came back high, that seems actionable for an EIR.

Response 2: Many office buildings have indoor air quality problems. Some of the buildings are inadequately ventilated, resulting in a buildup of carbon dioxide that causes headaches and fatigue.

There also can be allergic responses to biological contaminants, such as molds, dust, and pollen or exposure from off- gassing of chemicals from products used in the building (furniture, wall, and floor coverings, cleaning products, office equipment, etc.). Particulate matter can also be drawn into a building from outside or produced by activities such as printing, copying, or operating equipment. While the results of any indoor air testing suggested by the commenter have not been provided to the City, it is highly unlikely, based on the results of the soil vapor investigation, t hat the indoor air quality issues can be attributed to soil vapor intrusion into the building. Also, the Bay Area Air Quality Management District (BAAQMD) reports that benzene is present in outdoor air in Cupertino at concentrations that tend to exceed the ESLs for indoor air at commercial buildings. 2 Therefore, it would not be possible to
differentiate potential small, incremental increases in indoor air benzene levels due to subsurface vapor intrusion when the ambient air concentrations of benzene are very high.

As described in the CEQA Guidelines Section 15183 Checklist for the proposed VP1 Apple Office Project, and summarized in the Response 1, the 15183 Checklist was prepared by the City of Cupertino to determine if the proposed project may have a significant effect on the environment. The 15183 Checklist is a streamlined document based off of the Certified EIR for the General Plan that evaluated potential future development including the 2,700,000 square feet of office space in the Heart of the City Special Area and a height limit of 90 feet in the South Vallco Park area at a program level. Impacts were found to be less than significant and less than significant with mitigation measures to ensure that development on sites with known hazardous contamination would be less than significant. General Plan EIR Mitigation Measures HAZ -4a and HAZ -4b are required to be implemented for sites with known contamination and potential residual contamination. As discussed in Chapter 4.7, the project site is not listed as a site with known contamination or potential residual contamination; therefore, the identified mitigation measures in the General Plan EIR do not apply to the proposed project. However, since the certification of the General Plan EIR the City has codified regulations equivalent to the General Plan EIR mitigation measures to reduce impacts related to hazardous materials in CMC Chapter 17.04, Standard Environmental Protection Requirements , but these regulations go further than the General Plan EIR

2 Bay Area Air Quality Management District (BAAQMD), 2014. Summary and Analysis of Cupertino Air Monitoring Results.

April 12, 2023 | Page 4
mitigation measures and require remediation for all sites in the city, and not just those sites with known hazardous materials. Therefore, the preparation of Phase I and Phase II ESAs as required pursuant to the CMC the disclosure and mitigation of hazardous materials is required for every project prior project approval by the City and the proposed project has complied with these standards.

As shown in the CEQA Guidelines Section 15183 Checklist and in the response to the commenter, the soils, soil vapor, and groundwater samples collected at the project s ite did not contain elevated concentrations that would warrant further investigation or remediation, the project site is not included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5, and the site-specific constru ction Health Risk Assessment showed that the potential impacts to sensitive receptors, including schools within 0.25 -miles of the project site, due to the release of hazardous emissions during construction would be less than significant.

Comment 3: The 2007 report notes asbestos pipes, tiles, and roof materials. In the CEQA waiver request, they even admit that demolition can easily pollute air/water/soil with asbestos, yet they want to avoid an EIR. If you look at the site under satellite view on a maps program, you can see it's right next to hotels (residential windows) and restaurants with outdoor patios. It seems fair those businesses be given a notice and comment on a formal EIR for the demolition, at least related to that potential asbestos exposure.

Response 3: As described in the 15183 Checklist, the asbestos surveys conducted for the site indicated that asbestos containing materials (ACMs) are present in the mastic beneath the vinyl floor tiles in the existing janitor closets and mechanical rooms and the grey/black roofing mastic. EKI advised that these materials need to be managed appropriately in-place and would require abatement in conjunction with building demolition and site grading. As codified in CMC Chapter 17.04, Standard Environmental Protection Requirements, preparation of and compliance with the findings of the Phase I and Phase II ESAs is required p rior to the issuance of a demolition permit . Asbestos is abated through mandatory regulatory compliance. This would require a pre -demolition asbestos survey to be conducted by a certified asbestos professional, which involves sampling and laboratory analysis of materials present at the building. There are both federal and state regulations and procedures that must be followed for asbestos removal. The California Contractors State License Board regulates contractors who are qualified to perform asbestos work. The California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) registers all contractors who perform asbestos abatement work and tests and certifies all asbestos consultants. Only registered and licensed asbestos abatement companies are permitted to perform abatement. Workers must wear protective clothing and have respirators. Areas must be cordoned off with signs posted as to the danger of asbestos. Abatement areas must be properly ventilated with maintained negative pressure or protective plastic tenting containing the area to prevent any impacts from asbestos to neighboring properties . Waste materials must be double-bagged and tied in marked color -coded plastic bags and transported to an app roved waste materials site for disposal. After abatement, retesting is required to ensure that all asbestos containing material has been removed. These standard procedures would be required for any project (residential or commercial) that contains asbestos and involves renovation or removal. The proposed project would be required to comply with California Code of Regulations S ection 1529, Asbestos, and BAAQMD’s Asbestos Demolition and Renovation Program, which will ensure that the adjacent buildings are not impacted by the asbestos removal process. The impacts of asbestos removal in compliance with applicable state regulations on adjacent properties would be less than significant.

April 12, 2023 | Page 5
Comment 4: This is probably an offline item for the privacy of the person, but I think it should be addressed. The CEQA waiver was submitted by an Apple EH&S employee who is no longer with Apple.

He suddenly left in July 2021, when the US EPA demanded an onsite inspection of my Superfund office in Sunnyvale & found a number of safety concerns related to the contamination on site as well as the way the HVAC was installed (it was put on top of the vents for the toxic gases under the building, so the SSD system was venting the gases up & into the HVAC intake, and then probably into our faces). Apple's currently doing federally mandated testing at that office with US EPA oversight due to my disclosures. (So now you understand why Apple will not be happy to see me on the agenda). The Apple employee who submitted your CEQA waiver request was previously with EKI and then returned to EKI after he left Apple. I'd want to understand if he's involved in the site on behalf of EKI. If he is involved, the conflict of interest is another reason I think there should be a formal EIR.

Response 4: The commenter incorrectly states the proposed project is subject to a CEQA waiver. Please see the Response 1 provided in the first comment. The remaining portion of the comment is noted for the record but is not relevant to the analysis provided in the 15183 Checklist and no further response is required.

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2023‐02‐23 Meeting with shopping mall operators to learn about challenges and strategies for operating shopping malls
• Introduced by Santosh Rao. Council member Moore was also invited to attend. • They mainly operate stripe malls in South Cal or midwest areas. They aggressively recruit desirable retailers to come to the stripe malls they operate. They carefully provide a retail mix which compliment each other with different rental rates. • They don’t think online sales hurt brick and mortar stores at all and commented that many online sale companies are establishing their own brick and mortar stores.

Invited the City Manager and Economic Development Manager to join the meeting. The CTO attended virtually later in the meeting representing the City Manager.

2023‐03‐05 US‐China Chamber of Commerce annual meeting for installation of new officers invited by the incoming President Marian Chaney
• Many of their members are in Cupertino and surrounding areas. They hope to work with the cities to support businesses.
• They are completely grassroot funded with no support from any foreign government.

2023‐03‐08 Greeted the Consul General Zhang from China
• Mayor and Vice Mayor stayed for a presentation by the city staff. I left after an initial greeting to avoid any Brown Act violation.

2023‐03‐16 met with Rhoda Fry for Public Storage Building and observed the impact from the condos across I‐280
• This is in preparation for the reconsideration petition for 2 freeway facing signs on April 21
council agenda.

2023‐03‐17 Dinner banquet by Alpha G to celebrate their Grand Opening of the Silicon Valley branch
• I was the only Council member from Cupertino. There were Council members from Milpitas and Fremont, but not San Jose. The event in Grant Dynasty filled the entire main banquet room/ • I assumed Alpha G is located in Cupertino as the city staff arranged for the Grand Opening earlier on 3/7 and signed me up for this banquet. But as it turns out, their office is on De Anza Blvd, but in San Jose city limit.

2023‐03‐25 Senior Center Volunteer Appreciation Luncheon • The entire Senior Center was transformed into an outer space galaxy from the ceiling to the wall and the table decoration and name cards. The decoration was all done by the Senior Center staff. I expressed appreciation for the staff and the volunteers. • The Kiwanis Club provided the food plus a goody bag for this Volunteer Appreciation dinner and they have been doing it every day. This seems to be a club who donates regularly to serve the citizens, but never asked for grant funding or fee waivers from the City. I expressed my appreciation to the Kiwanis Club representative there.

CC 04-13-2023
#6
FY 2023-24 Budget Update

Supplemental Report
1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: April 13, 2023
Agenda Item #6
Subject
Consider the FY 2023-2410-Year Budget ForecastInformational Update presentation.

RecommendedAction: ReceivetheFY2023-2410-YearBudgetForecastInformational Update presentation.

Background:

Staff’s responsesto questions received from councilmembers are shown in italics.

Q1-Q7: Councilmember question (Chao)
Q1: This10-yearforecastitem hasonly onepresentationandno othersupporting materials. Pleaseprovide all public documents related to the CDTFA audit to give background information.

Staffresponse: All documentsrelatedto theCDTFA audit areconfidential. Theaudit takesplace betweentheCDTFA andthetaxpayer. TheCity is not involvedin theaudit process.

Q2: Pleaseprovide a staff report with timeline of the CDTFA audit process. When was the city notified of the audit? What exactly was audited? Who is doing the audit? What CDTFA hassent to the city?
Staffresponse: A timelineis providedin slide5 ofthepresentation. A taxpayerin theCity is being audited. Thenameof thetaxpayeris confidential. Theaudit looksat salestax revenuereportedby thetaxpayerto theCDTFA. Theaudit is conductedby theCDTFA. TheCity hasreceivedtwo confidentiallettersfromtheCDTFA.

Q3: What other cities have beenaudited? What triggered such an audit? Is this a routine audit or is it by complaint?
Staffresponse: Audits areconfidential, andwedonot haveinformationof othercitiesbeing 2 audited. Wedonot knowwhattriggeredtheaudit. TheCDTFA regularlyauditssalestax receipts aspart ofthedutiesandresponsibilitiesof thedepartment.

Q4: Whenever we do any forecast and consider measuresto changeanything, we should also look back 10 years to seewhat the expenditures and revenues were for the past 10 years or more. Pleaseprovide past information too.?
Staffresponse: This informationcanbefoundin theCity’sFinancialTransparencyPortalat www.cupertino.org/opengovDatacanbefoundgoingbackto fiscalyear2008-09.

Q5: As I have mentioned in the other email responding to a resident's suggestion, please make a list of all existing/ongoing CIP and other capital projects and categorize them into necessary", "niceto have", "planningfor thefuture" or anycategoryyou seefit. Weneed to first examine our current committed projects.

Staffresponse: Thequestionis unrelatedto theagendaitem. Budget-relatedquestionswill be addressedwhentheCity Manager’sproposedbudgetis consideredby Council.

Q6: In the sameemail, I have requested a list of all existing contracts & agreementsand upcomingcontractssowe cancategorizetheminto "necessary", "niceto have", "planning for the future" or any category you seefit.

Staffresponse: Thequestionis unrelatedto theagendaitem. Theadministrationof thebudget afteradoptionis in theCity ManagerspowersandresponsibilitiesunderMunicipal Codesection

2.28.040.

Q7: I think this is astartof thebudgetdiscussion, but we do needmorebackgrounddata to have a meaningful discussion on how we should adjust what we do to live within our meansso that our budget is substantiable.

Staffresponse: Staffagrees. This presentationis intendedto giveCity Councilandthecommunity themostup to dateinformation. Timeis neededto gatheradditionalinformation. This informationalongwith recommendationsfor budgetreductionsandservicelevelimpactswill be includedin theFY2023-24ProposedBudgetandpresentedattheProposedBudgetStudySession onMay 17, 2023.

CC 04-13-2023
#7
Council Reports

Supplemental Report
CITYȱCOUNCILȱACTIVITYȱREPORTȱ
ȱȱ
ȱǱȱ
ReportingȱCouncilmember:ȱȱ
ReportȱActivityȱDates:ȱȱȱ
EventȱǰȱTitleǰȱandȱDescription:ȱ
•
April 4, 2023
Liang Chao
2/8/23 4/6/23
(updated on 4/6 to add one missing item.)
2023-02-08 Meeting with Frances Herbert, a consultant for San Jose Spotlight, a San Jose Spotlight
• They are expanding their coverage to Cupertino and surrounding areas. • Their survey to understand the general feelings of residents about media coverage, city governance, and the possibility of San José Spotlight expanding to cover their city:
https://forms.gle/UZC4779wE3pYKU1K9
2023-02-09 Ride along with Captain Neil Valenzuala of the Sheriff's office and visited the substation in Main Street
2023-02-11 Global Federation of Chinese Business Women, Northern California Chapter ( ੈք 䕅ɛʈਠ੉ɾΆ၍՘䔼d̏̋ʻʱ䔼) Annual Meeting for installation of officers • Invited by the new president Alice Kao, also a Cupertino resident. • They connect many professional women to take on many charity projects.

Many members are Cupertino residents.
2023-02-11 Meet & Greet with elected officials held by the League of Women's Voters of Cupertino-Sunnyvale
• All 5 Cupertino Council members attended. There are other elected officials from the City of Sunnyvale and school boards. Chatted with some LWV volunteers .
2023-02-18 Ivymax Volunteer Appreciation Dinner and Award Ceremony • Ivymax shared their programs and the charitable projects done by their foundation in the U.S. and other countries.
2023-02-22 Santa Clara County Recycle and Waste Reduction Committee meeting Representing West Valley cities, with an appointment by Cities Association • They approved the annual legislative platform and the staff will take positions on bills based on the platform. The committee requested to bring the platform back to consider potential revision for next year.
• A presentation by a consultant on the effectiveness of an information campaign to improve or
ganic waste recycling for the divided garbage cans used in Milpitas and Sunnyvale.

Cupertino City CouncilApril 13, 2023

Cupertino City Council
April 13, 2023