4-19-2022 Searchable Packet — Cupertino City Council, April 19, 2022 (part 4 of 4)

WHEREAS, this ordinance is consistent with the City of Cupertino’s Zero Waste Policy and Climate Action Plan that seek to reduce solid waste at its source and reduce single‐use food service ware and packaging;
WHEREAS, the State adopted SB 270 on November 8, 2016 which requires certain retail stores to charge 10 cents fo r a reusable grocery bag or recycled paper bag and thus requiring an update to the language in Cupertino’s municipal code; and WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing on [date], and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTIN O DOES
ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of th is ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portio
ns of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provi sions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

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Ordinance No. __________

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This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subj ect to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be se en with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to regulate the use of single‐use foodware by food providers would have no or only a de minimis effect on the environment beca
use reducing disposable plastic foodware items such as
straws, utensils, and stirrer sticks and having compostable alternatives offered only upon request and other provisions of the ordinance would not have the potential for causing a significant effect on the environment. The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against th e
ordinance.

INTRODUCED at a regular meeting of the Cupertino City Council on April 19, 2022 and ENACTED at a regular meeting of the Cupert ino City Council on May 3, 2022 by the following vote:

Members of the City Council

AYES:

NOES:

ABSENT:
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Ordinance No. __________

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ABSTAIN:

SIGNED:

______________________

Darcy Paul, Mayor
City of Cupertino

________________________

Date
ATTEST:

_______________________

Kirsten Squarcia, City Clerk

________________________

Date
APPROVED AS TO FORM:

_______________________

Christopher D. Jensen, City Attorney

________________________

Date

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Attachment A – Page 1

Attachment A – AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE THE USE OF SINGLE‐USE FOOD SERVICE WARE BY FOOD PROVIDERS AND REGULATE THE SALE OF SINGLE‐USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM COOLERS AND REGULATE THE PROVISION OF
SINGLE‐USE CARRYOUT BAGS

The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Text added to existing provisions is shown in bold double‐underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.

Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text.

This ordinance amends several portions of the Municipal Code. For ease of review, the amendments advancing the primary o
bjective are presented first followed by conforming
amendments. There is a separate heading in bold italics for each portion of the Code being amended. Each portion is shown beginning on a separate page.

SECTION 1. ADDITION OF SECTION 9.15.090 CON
CERNING THE PURPOSES OF
REGULATION OF THE USE AND SALE OF SINGLE‐USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM COOLERS

9.15.090 Purpose of Chapter

A. This chapter is determined and declared to be a health, sanitary, and safety measure for the promotion, protection and preservation of the health, safety and general welfare of the people and environment of the City of Cupertino.

B. Single‐use disposable food serv
ice ware and beverage packaging ‐ including
plates, cutlery, cups, straws, “clamshells” and other containers ‐ are major contributors to street litter, ocean pollution, marine and other wildlife harm, depletion of natural resources, and greenhou se gas emissions.

C. Plastic litter breaks down into smaller pieces that are not biodegradable, persist in the environment on land and sea, and are present in most of the world’s oceans. 567
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D. Among other hazards, plastic debris attracts and concentrates ambient pollutants, such as endocrine disrupters and persistent organic pollutants, in seawater and freshwater that can transfer to fish, other seafood, and salt that is eventually consumed. Nine of the top ten most common debris items found on beaches in the U.S. during International Coastal Cleanup Day are single‐use fo od and beverage
plastic packaging items.

E. Discharge of litter into waters of the United States is prohibited by the Federal Clean Water Act and the City’s stormwater pollution prevention permit as issued by the San Francisco Bay Regional Water Quality Control Board.

F. Even if certain types of single‐use plastic food service ware are accepted as recyclable by the City of Cuperti
no’s approved recyclables processor, when those
items have food and grease residue on them, they become a contaminant to the recycling stream.

G. Natural fiber‐based food service ware items can be diverted from landfill and processed into compost even when they ha
ve food and grease residue on them.

H. Certain synthetic chemicals known as Per‐ and Polyfluoroalkyl Substances (PFAS), which are commonly used in disposable food service ware to repel water and grease, pose a public health risk as they have been linked to serious health effects.

I. Polystyrene foam foo
d service ware and other items made from unencapsulated foamed materials are a distinctive litter concern because they are lightweight, break apart easily, are windblown into streets and waterways, and float in water until it reaches the San Francisco Bay and oc ean.

J. The City of Cupertino intends to reduce solid waste at its source and maximize recycling and composting in accordance with Cupertino’s Climate Action Plan, Zero Waste Policy, and stormwater pollution prevention permit.

K. Reducing disposable packaging by eliminating unnecessary items and transitioning to reusable products provides greater environmental benefits than managing th
e products that become waste, even when recycled or composted.

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SECTION 2. AMENDMENTS TO SECTION 9.15.100 CONCERNING DEFINITIONS

9.15.100 Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise:

1. ʺBeverage Providerʺ means any business, organization, entity, group, or person that offers liquid, slurry, frozen, semi‐frozen, or other forms of beverages to the public for consumption. Beverage Provider also includes any organization, entity, group or person that regularly provides beverages to its members or the general public as a part of its activities or services.

2. “Biodegradable Products Institute (BPI)” refers to a certification program that ensures that products and packaging displaying the BPI logo have been independently tested and verified according to scientifically based standards to successfully break down in professionally managed industrial composting facilities. BPI‐certified products meet the standards of the American Society for Testing Materials (ASTM) D6400 or D6868 for compostability. As of January 1, 2020, all BPI‐certified products are required to have (1) a limit of 100 parts per million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance and (2) no intentionally added Fluorinated Chemicals.

3. “City” means the City of Cupertino.

4. “City Facility” means any building, structure, or vehicle owned or operated by the City.

5. “City Facility Food Provider” means an entity that provides, but does not sell, Prepared Food in City Facilities.

6. “City Manager” means the City of Cupertino’s City Manager or their designee.

7. “County” means the County of Santa Clara.

8. “Compostable” means that an item or material is (1) accepted in City’s available composting collection program as fully compostable; (2) is listed, described, or referenced on the City’s website as compostable; and (3) is certified compostable by the Biodegradable Product Institute or other third party recognized by the Director, or his or her designee.
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9. “Contractors and Lessees” means any person or entity that has a contract with the City of Cupertino for public works or improvements to be performed, for a franchise, concession, or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the City of Cupertino.

10. “Director” means the City of Cupertino’s Director of Public Works or their designee.

A. ʺDisposable food service wareʺ 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). ʺ Disposable food service wareʺ does not include straws, utensils, drink lids, or ice chests.

11. “Distribute” means the sale, offer for sale, or other transfer of possession of an item for compensation, either as a separate transaction or as part of the sale, offer for sale, or other transfer of possession of another item for compensation.

12. “Fluorinated Chemical” means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as per‐ and polyfluoroalkyl substances, or PFAS chemicals.

13. “Food Container” means a container, bowl, plate, tray, or other vessel used to hold Prepared Food.

14. “Food Provider” means any establishment, provider, non‐profit vendor, or business, operating within the City that sells Prepared Food (1) to the public for consumption on or off its premises, at a catered event, and/or (2) at cafeterias and places of employment, whether or not such establishments are open to the general public. Food Provider includes but is not limited to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, retail sales outlets, grocery stores, delicatessens serving the public, mobile or temporary food providers, vehicles or carts, or roadside stands.

15. “Food Service Ware” means any products used for serving or consuming prepared food and includes, but is not limited to, cups, bowls, plates, trays, cartons, boxes, wrapper or liners, hinged or lidded containers (clamshells), and other items used as part of food or beverage service or in which Prepared Food is placed or packaged on a Prepared Food Provider’s premises.

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16. “Food Service Ware Accessory” means any type of accessory or accompanying items usually provided alongside Prepared Food in plates, containers, bowls, or cups, including but not limited to utensils, chopsticks, napkins, cup sleeves, food or beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, spill plugs, cocktail sticks, and toothpicks.

B. ʺFood vendorʺ 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.

17. “Person” means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, or association.

18. “Per‐ and Polyfluoroalkyl Substances” means, for the purposes of food packaging, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

19. C. ʺPolystyrene fFoamʺ 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). ʺ Polystyrene foamʺ is commonly made into disposable food service ware products. ʺPolystyrene foamʺ does not include clear or solid polystyrene (oriented polystyrene).

D. ʺPrepared Foodʺ means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. ʺPrepared foodʺ does not include:
a. Any raw, uncooked meat products, fruits, or vegetables, unless it is intended for consumption without further preparation; or b. 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.

20. “Prepared Food” means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the 571
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premises of a food provider for consumption, including, but not limited to, ready‐to‐eat, dine‐in, take‐out or complimentary food or beverage. “Prepared food” does not include: (1) raw eggs and raw, butchered meat, fish or poultry that is sold from a butcher case or a similar retail method; (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging; or (3) nonpolystyrene foam prepackaged items prepared on‐site, which are not made to order and sold as “grocery items.”

21. “Raw Food” means any uncooked meat, fish, poultry, vegetable, fruit, or egg.

22. “Recyclable” means material that can be sorted, cleansed, and reconstituted and accepted by the City’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product.

23. “Reusable Food Service Ware” means all food service ware, including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.

24. “Single‐use” means not meeting the definition of Reusable in these definitions.

25. “Standard Condiments and Spices” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes or others as determined by the City.

26. “State” means the State of California.

27. “Takeout Food” means Prepared Food requiring no further preparation, which is purchased to be consumed off a Prepared Food Provider’s premises. Takeout Food includes Prepared Food delivered by a Food Provider or by a third‐party Takeout Food Delivery Service.

28. “Takeout Food Delivery Service” is a service that delivers Takeout Food from a Food Provider to a customer for consumption off the premises. This service can be provided directly by the Food Provider or by a third‐party. 572
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29. “Third Party Food Delivery Platform” means a business engaged in the service of online food ordering and/or delivery from a Prepared Food Provider to a consumer.

SECTION 3. AMENDMENTS TO SECTION 9.15.110 CONCERNING REGULATION OF FOOD SERVICE WARE AND POLYSTYRENE FOAM COOLERS USED BY FOOD PROVIDERS AND SOLD BY RETAILERS

9.15.110 Polystyrene Foam Disposal Food Service Ware Prohibited. Regulation of Food Service Ware and Polystyrene Foam Coolers Used by Food Providers and Sold by Retailers

No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after July 1, 2014.

A. ACCESSORIES ONLY UPON CUSTOMER REQUEST
On or after June 1, 2022:

1. Food Providers shall provide Single‐use Food Service Ware Accessories and Standard Condiments in single serve packets only upon request by customers during on‐premises dining or when using a third‐party food delivery platform.

Single‐use Food Service Ware Accessories and Standard Condiments packaged for single use provided by Prepared Food Providers for use by consumers shall not be bundled or packaged in a manner that requires a consumer to take a different type of Single‐use Food Service Ware Accessory or Standard Condiment

2. Self‐serve accessory stations are prohibited.

3. Food Providers and Beverage Providers, as well as City facilities, City‐managed concessions, City‐sponsored events, and City‐permitted events, may provide plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services within the City.

4. Prepared Food Providers offering Standard Condiments and Spices are encouraged to use dispensers or bulk containers rather than pre‐packaged individual serving packets.

5. Takeout Food Delivery Services that utilize digital ordering/point of sale platforms, including but not limited to the internet and smart‐phone, shall only 573
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offer Single‐Use Food Service Ware Accessories by providing clear options for customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no Single‐Use Food Service Ware Accessories are requested. Each individual Single‐Use Food Service Ware Accessory (e.g., each fork, knife, condiment packet, napkin, etc.) provided with Prepared Food must be specifically requested by the customer in order for a Food Provider to provide it.

6. A Prepared Food Provider may ask a drive‐through consumer if the consumer wants a Single‐use Food Service Ware Accessory if the Single‐use Food Service Ware Accessory is necessary for the consumer to consume ready‐to‐eat food, or to prevent spills of or safely transport ready‐to‐eat food.

7. For delivery orders, Prepared Food Providers may choose to include specific accessories, such as cup lids, spill plugs, and trays, in order to prevent spills and deliver food and beverages safely.

B. USE OF NON‐COMPLIANT FOOD SERVICE WARE PROHIBITED
On or after June 1, 2023:

1. Prepared Food or Beverage Providers, including City Facility Prepared Food Providers, and City Contractors and Lessees may not sell, offer for sale, or otherwise distribute Prepared Food prepared or packaged in Cupertino using:
a. Single‐use Food Service Ware or Food Ware Accessories made, in whole or in part, from Polystyrene Foam;
b. Single‐use Food Service Ware made, or Food Ware Accessories made, in whole or in part, from plastic including polyethylene, polyethylene terephthalate, polypropylene, polystyrene, even if accepted as recyclable by the City’s approved recyclables processing facility; c. Single‐use Food Service Ware or Food Ware Accessories that are Compostable and not certified free of Fluorinated Chemicals by an independent third‐party certifying organization approved by the Director, or their designee;
d. Single‐Use Food Service Ware or Food Ware Accessories made in whole or in part from bio‐ or plant‐based or other “compostable” plastic even if labeled or certified as compostable.

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2. The Director, or their designee, may adopt a list, or reference an approved list, of suitable alternative Compostable or Recyclable aluminum Single‐use Food Service Ware products, which means Single‐use Food Service Ware products that serve the same intended purpose as non‐compliant products, meet the standards for what is Compostable and/or Recyclable aluminum under this Chapter, and are reasonably affordable. If a product is not included or referenced on an approved list, the person using the product as Single‐use Food Service Ware will have the burden of establishing to the Director’s satisfaction that the product complies with this Section.

3. It shall not be a violation of this Section to sell, provide, or purchase Prepared Food or Raw Food or Beverage packaged in Single‐Use Food Service Ware otherwise prohibited by subsection (1) if the Prepared Food or Raw Food or Beverage is packaged outside the City and is sold or otherwise provided to the consumer in the same Single‐use Food Service Ware in which it originally was packaged. Businesses packaging Prepared Food outside the City are encouraged to use Single‐use Food Service Ware that is Compostable or Recyclable aluminum, is Compostable and free of Fluorinated Chemicals, and is not made, in whole or in part, from Polystyrene.

C. REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES
On or after June 1, 2023:

1. Prepared Food served for consumption on the Prepared Food Provider’s premises shall be served only on Reusable Food Service Ware, except that disposable paper food wrappers, sleeves, and bags, foil wrappers, paper napkins, paper tray and plate liners, and straws shall be permitted, so long as they meet the requirements set forth elsewhere in this Chapter.

2. Condiments, such as sauces, ketchup, or mustard, provided for on‐site consumption, shall not be served in disposable, individual‐serving packets.

3. Consumption is considered on‐premises if it takes place at tables and/or seating provided by the Prepared Food Provider either on its own or in conjunction with another Prepared Food Provider.

4. New building permits and new or renewed business licenses for Food Service Providers applied for, and/or deemed complete after 6/1/2023 shall only be granted to Prepared Food Providers that can demonstrate adequate capacity to comply with subsection C.1.
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10 5. This requirement does not prohibit a Prepared Food Provider from providing, upon a customer’s request, Single‐use Food Service Ware compliant with subsection B.1 for the customer to take away leftover Prepared Food after dining on the premises.

6. Prepared Food Providers subject to the requirements of subsection C.1 that do not have onsite or off‐site dishwashing capacity, or are unable to contract for services to wash, rinse, and sanitize Reusable Food Service Ware, in order to comply with applicable provisions of the California Health and Safety Code, may petition the Director for an exemption or extension under 9.15.120.

D. SALE OR DISTRIBUTION OF NON‐COMPLIANT FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM COOLERS PROHIBITED
On or after June 1, 2023:

1. No Person may sell, offer for sale, or otherwise Distribute within the City any Single‐use Food Service Ware prohibited under Sections B.1.a. or B.1.d.

2. No person may sell, offer for sale, or otherwise distribute for compensation within the City coolers, ice chests, or similar containers made, in whole or in part, from Polystyrene Foam that is not wholly encapsulated or encased within a more durable material.

3. Pursuant to Section B.3, the Director may adopt, maintain, or reference a list of compliant products.

SECTION 4. AMENDMENTS TO SECTION 9.15.120 CONCERNING EXEMPTIONS A. A fFood vendor Provider may seek an exemption from the requirements under Section 9.15.110 due to a ʺunique packaging hardshipʺ under Subsection B of this section, or ʺ unused inventoryʺ under Subsection C of this section, “significant economic hardship” under Subsection D, or request a temporary exemption to request extra time for compliance under Subsection E.

B. The fFood vendor Provider must demonstrate that no reasonably feasible alternative exists for to a specific and necessary polystyrene foam disposable prohibited Single‐Use food service ware item to qualify for a ʺunique packaging hardshipʺ exemption.
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11 C. The fFood vendor Provider must demonstrate that before January 1, 2014[new effective date of this ordinance], it purchased the prohibited polystyrene foam food service ware which cannot be returned to the distributor and, despite the food vendorʹs best efforts, will remain in inventory on July 1, 2014[date], to qualify for an ʺunused inventoryʺ exemption.

D. The Food Provider must demonstrate that the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Single‐use Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Single‐Use Food Service Ware is particularly burdensome to the Food Provider based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Provider, and other factors. Reasonable added cost for an item required by this Chapter shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Director shall consider the following information: ability of the Food Provider to recover the additional expense by increasing its prices, outside funding, and other options.

E. The Food Provider must demonstrate that for other reasons not already stated it needs additional time to comply with the provisions of this Chapter.

F. D. The fFood vendor Provider may submit a written application for an exemption on a form provided by to the Environmental Programs Division. The Director of Public Works designee (ʺDirectorʺ) 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 six (6) months or to January 1, 2015, whichever comes first one year. The determination of the Director shall be final and is not subject to appeal.

G. Prepackaged Food delivered from outside the City is exempt from the provisions of this Chapter.

H. Disposable Food Service Ware that is entirely Aluminum Foil‐based including, but not limited to, aluminum trays, aluminum foil wrappers and aluminum foil baskets, is exempt from the provisions of this Chapter. 577
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12 I. Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

SECTION 5. ADDITION OF NEW SECTION 9.15.125 CONCERNING RECORDKEEPING AND INSPECTION

9.15.125 Recordkeeping and inspection.

A. Food Providers shall keep a complete and accurate record or documents of the purchase of Single‐use Food Service Ware evidencing compliance with this Chapter.

B. The record shall be made available for inspection at no cost during regular business ho
urs to City employees or City‐designated agents authorized to enforce this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Provider address.

C. The provision of false or incomplete information, records or documents to the city shall be a violation of th
is Chapter.

SECTION 6. AMENDMENTS TO SECTION 9.15.130 CONCERNING ADMINISTRATIVE CITATIONS AND FINES

9.15.130 Administrative citations and fines.

A. (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 for violationed of any other provision of this Chapter.
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13 B. (b)   Administrative citation fine amounts. Upon findings made under subsection (Aa), the pPerson, Beverage Provider, or fFood vendor Provider 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 th e same twelve month period: Five hundred dollars ($500.00)
(4)   Each day that any person or food vendor violates the provisions of this cChapter is a new and separate violation occurs.
(c)   Administrative citation appeals and disposition shall be processed in accordance with Chapter 1.10 of this Code.

SECTION 7. AMENDMENTS TO SECTION 9.17.130 CONCERNING REGULATION OF SINGLE‐USE CARRYOUT BAGS

9.17.130 Single‐uUse cCarryout bBags
A. No person or retail establishment shall provide a single‐use carryout bag Single‐Use Carryout Bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140.

B. Effective October 1, 2013 a A retail establishment may only make recycled paper or reusable bags available to customers if the retailer charges a minimum of ten cents.

Reusable bags may be given by retailers without charge.

C. Notwithstanding this section, no retail establishment may make available for sale a recycled paper or reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt.

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14 pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Ins titutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.

9.17.140 Exemptions
The provisions of this Chapter shall not apply in the following circumstances where:

1. A plastic or paper carryout bag with or without handles is may be provided by a public eating establishment to transport prepared food; Beginning June 1, 2023, a public eating establishment may no longer provide single‐use plastic carryout bags but may provide a recycled paper or reusable bag to transport prepared food at no charge.

2. A plastic or paper bag with or without handles is may be provided by a nonprofit charitable reuser;

3. A plastic or paper bag without handles is may be provided to transport prepared food, produce, bulk food, or meat from a department within a store to the point of sale;

4. A plastic or paper bag without handles is may be provided to hold prescription medication dispensed from a pharmacy;

5. A plastic or paper bag without handles is may be used to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled bag;

6. A garment bag or garment cover may be used to protect and transport clothing or other textiles.

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Attachment B
1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TO CHANGE THE NAME OF CHAPTER 9.15, ADOPT NEW SECTIONS 9.15.090 AND 9.15.125, AND AMEND SECTIONS 9.15.100, 9.15.110,

9.15.120, 9.15.130, 9.17.130 AND 9.17.140 TO REGULATE THE USE OF SINGLE‐USE FOOD SERVICE WARE BY FOOD PROVIDERS AND REGULATE THE SALE OF SINGLE‐USE FOOD SERVICE WARE AN
D EXPANDED POLYSTYRENE FOAM
COOLERS, AND REGULATE SINGLE‐USE CARRYOUT BAGS

1. The City Council of the City of Cupertino finds that:

WHEREAS, on February 5, 2014, the City of Cupertino adopted an ordinance to prohibit food vendors from providing prepared food using food packaging containing polystyrene foam, currently codified as Chapter 9.15 of the City Code; and WHEREAS, this ordinance continues to prohibit the sale and use of polystyrene foam food service ware and also further regulates single‐use food service ware and food service war
e accessories in Cupertino; and
WHEREAS, the State adopted AB 619 in July 2019, which allows consumers to supply their own reusable containers for filling or refilling and requires that food establishments have an established pro
cedure for safely accepting reusable
containers; and
WHEREAS, the State recently adopted Assembly Bill 1200, which prohibits the sale or distribution of food packaging made primarily from paper, paperboard, or other natural fiber that contains per‐ and polyfluoroalkyl substances (PFAS) in California beginning J
anuary 1, 2023; and
WHEREAS, Assembly Bill 1200 does not include a verification mechanism to assist food providers in identifying whether the food packaging contains PFAS; and WHEREAS, this ordinance requires that food service ware used by a food provider in Cupertino be certified as PFAS‐free by an independent thi rd‐party certifying organization to assist Cupertino food providers in identifying PFAS‐free food service ware; and
WHEREAS, the State also recently adopted Assembly Bill 1276, which prohibits the distribution of single‐use food service ware accessories and standard condiments packaged for single use by food providers except upon request by the consumer; and 581
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Ordinance No. __________

Page 2 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTIN O DOES
ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

SECTION 3: California Environmental Quality Act.

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Ordinance No. __________

Page 3 ends

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

INTRODUCED at a regular meeting of the Cupertino City Council on April 19, 2022 and ENACTED at a regular meeting of the Cupertino City Council on May 3, 2022 by the follo
wing vote:

Members of the City Council

AYES:

NOES:

ABSENT:

ABSTAIN:
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Ordinance No. __________

Page 4 ends

SIGNED:

______________________

Darcy Paul, Mayor
City of Cupertino

________________________

Date
ATTEST:

_______________________

Kirsten Squarcia, City Clerk

________________________

Date
APPROVED AS TO FORM:

_______________________

Christopher D. Jensen, City Attorney

________________________

Date

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Attachment A – Page 1

Attachment B – AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE THE USE OF SINGLE‐USE FOOD SERVICE WARE BY FOOD PROVIDERS AND REGULATE THE SALE OF SINGLE‐USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM COOLERS AND REGULATE THE PROVISION OF
SINGLE‐USE CARRYOUT BAGS

SECTION 1. ADDITION OF SECTION 9.15.090 CONCERNING THE PURPOSES OF REGULATION OF THE USE AND SALE OF SINGLE‐USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM COOLERS

9.15.090 Purpose of Chapter

A. This chapter is determined and declared to be a health, sanitary, and safety measure for the promotion, protection and preservation of th e health, safety and
general welfare of the people and environment of the City of Cupertino.

B. Single‐use disposable food service ware and beverage packaging ‐ including plates, cutlery, cups, straws, “clamshells” and other containers ‐ are major contributors to street litter, ocean pollution, marine and other wildlife harm, depletion of natural resources, an
d greenhouse gas emissions.

C. Plastic litter breaks down into smaller pieces that are not biodegradable, persist in the environment on land and sea, and are present in most of the world’s oceans.

D. Among other hazards, plastic debris attracts and concentrates ambient pollutants, such as en docrine disrupters and persistent organic pollutants, in seawater and freshwater that can transfer to fish, other seafood, and salt that is eventually consumed. Nine of the top ten most common debris items found on beaches in the U.S. during International Coastal Cleanup Day are single‐use food and beverage plastic packaging it ems.

F. Even if certain types of single‐use plastic food service ware are accepted as recyclable by the City of Cuperti
no’s approved recyclables processor, when those
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Single-Use Plastics and Carryout Bags - Page 2
items have food and grease residue on them, they become a contaminant to the recycling stream.

G. Natural fiber‐based food service ware items can be diverted from landfill and processed into compost even when they have food and grease residue on them.

H. Certain synthetic chemicals known as Per‐ an d Polyfluoroalkyl Substances (PFAS), which are commonly used in disposable food service ware to repel water and grease, pose a public health risk as they have been linked to serious health effects.

I. Polystyrene foam food service ware and other items made from unencapsulated foamed materials are a distinctive litter concern because they are lightwei ght, break apart easily, are windblown into streets and waterways, and float in water until it reaches the San Francisco Bay and ocean.

K. Reducing disposable packaging by eliminating unnecessary items and transitioning to reusable products provides greater environmental benefits than managing the products that become waste, even when recycled or composted.

SECTION 2. AMENDMENTS TO SECTION 9.15.100 CONCERNING DEFINITIONS

9.15.100 Definitions

For the purposes of this chapter, the following words and phrases sha ll have the
meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise:

1. ʺBeverage Providerʺ means any business, organization, entity, group, or person that offers liquid, slurry, frozen, semi‐frozen, or other forms of beverages to the public for consumption. Beverage Provider also includes any orga nization, entity,
group or person that regularly provides beverages to its members or the general public as a part of its activities or services.
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2. “Biodegradable Products Institute (BPI)” refers to a certification program that ensures that products and packaging displaying the BPI logo have been independently tested and verified according to scientifically based standards to successfully break down in professionally managed industrial composting facilities. BPI‐certified products meet the standards of the American Society for Testing Materials (AS
TM) D6400 or D6868 for compostability. As of January 1, 2020, all BPI‐certified products are required to have (1) a limit of 100 parts per million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance and (2) no intentionally added Fluorinated Chemicals.

3. “City” means the City of Cupertino.

4. “City Facili
ty” means any building, structure, or vehicle owned or operated by the City.

5. “City Facility Food Provider” means an entity that provides, but does not sell, Prepared Food in City Facilities.

6. “City Manager” means the City of Cupertino’s City Manager or their designee.

7. “County” means the County of Santa Clara.

8. “Compostable” means that an ite
m or material is (1) accepted in City’s available
composting collection program as fully compostable; (2) is listed, described, or referenced on the City’s website as compostable; and (3) is certified compostable by the Biodegradable Product Institute or other thir d party recognized by the Director, or his or her designee.

9. “Contractors and Lessees” means any person or entity that has a contract with the City of Cupertino for public works or improvements to be performed, for a franchise, concession, or lease of property, for grant monies or goods and ser vices or supplies to be purchased at the expense of the City of Cupertino.

10. “Director” means the City of Cupertino’s Director of Public Works or their designee.

11. “Distribute” means the sale, offer for sale, or other transfer of possession of an item for compensation, either as a separate transaction or as part of th e sale, offer for sale, or other transfer of possession of another item for compensation. 587
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Single-Use Plastics and Carryout Bags - Page 4

13. “Food Container” means a container, bowl, plate, tray, or other vessel used to hold Prepared Food.

14. “Food Provider” means any e stablishment, provider, non‐profit vendor, or business, operating within the City that sells Prepared Food (1) to the public for consumption on or off its premises, at a catered event, and/or (2) at cafeterias and places of employment, whether or not such establishments are open to the general public. Food Provider includes but is no t limited to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, retail sales outlets, grocery stores, delicatessens serving the public, mobile or temporary food providers, vehicles or carts, or roadside stands.

15. “Food Service Ware” means any products used for serving or consuming prepared food and in cludes, but is not limited to, cups, bowls, plates, trays, cartons, boxes, wrapper or liners, hinged or lidded containers (clamshells), and other items used as part of food or beverage service or in which Prepared Food is placed or packaged on a Prepared Food Provider’s premises.

16. “Food Service Ware Accessory” means any type of accessory or accompanying items usual
ly provided alongside Prepared Food in plates, containers, bowls, or cups, including but not limited to utensils, chopsticks, napkins, cup sleeves, food or beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, spill plugs, cocktail sticks, and toothpicks.

17. “Person” means an individual, trust, fir m, joint stock company, corporation including a government corporation, partnership, or association.

18. “Per‐ and Polyfluoroalkyl Substances” means, for the purposes of food packaging, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

19. ʺPolystyrene Foamʺ means a thermoplastic petrochemical material made from a styrene monomer and expanded or blow
n 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).
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20. “Prepared Food” means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises of a food provider for consumption, including, but not limited to, ready‐ to‐eat, dine‐in, take‐out or complimentary food or beverage. “Prepared food” does not include
: (1) raw eggs and raw, butchered meat, fish or poultry that is sold from a butcher case or a similar retail method; (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging; or (3) no
npolystyrene foam prepackaged items prepared
on‐site, which are not made to order and sold as “grocery items.”

21. “Raw Food” means any uncooked meat, fish, poultry, vegetable, fruit, or egg.

22. “Recyclable” means material that can be sorted, cleansed, and r econstituted and accepted by the City’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product.

23. “Reusable Food Service Ware” means all food service ware, including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable mat
erials and that is specifically designed and
manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.

24. “Single‐use” means not meeting the definition of Reusable in these definitions .

26. “State” means the State of California.

27. “Takeout Food” means Prepared Food requiring no further preparation, wh ich is
purchased to be consumed off a Prepared Food Provider’s premises. Takeout Food includes Prepared Food delivered by a Food Provider or by a third‐party Takeout Food Delivery Service.

28. “Takeout Food Delivery Service” is a service that delivers Takeo ut Food from a Food Provider to a customer for consumption off the premises. This service can be provided directly by the Food Provider or by a third‐party. 589
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Single-Use Plastics and Carryout Bags - Page 6

29. “Third Party Food Delivery Platform” means a business engaged in the service of online food ordering and/or delivery from a Prepared Food Provider to a consumer.

SECTION 3. AMENDMENTS TO SECTION 9.15.110 CONCERNING REGULATION OF FOOD SERVICE WARE AND POLYSTYRENE FOAM COOLERS USED BY FOOD PROVIDERS AND SOLD BY RET AILERS

9.15.110 Regulation of Food Service Ware and Polystyrene Foam Coolers Used by Food Providers and Sold by Retailers

A. ACCESSORIES ONLY UPON CUSTOMER REQUEST
On or after June 1, 2022:

1. Food Providers shall provide Single‐use Food Service Ware Accessories and Standard Condiments in single serve packets only upon request by cust omers during on‐premises dining or when using a third‐party food delivery platform.

Single‐use Food Service Ware Accessories and Standard Condiments packaged for single use provided by Prepared Food Providers for use by consumers shall not be bundled or packaged in a manner that requires a consu mer to take a different type of Single‐use Food Service Ware Accessory or Standard Condiment

2. Self‐serve accessory stations are prohibited.

3. Food Providers and Beverage Providers, as well as City facilities, City‐managed concessions, City‐sponsored events, and City‐permitted events, may provide plastic straws as an accommodation to peopl e with disabilities who request them to enjoy equal access to food and beverage services within the City.

4. Prepared Food Providers offering Standard Condiments and Spices are encouraged to use dispensers or bulk containers rather than pre‐packaged individual serving packets.

5. Takeout Food Delivery Services that utilize digita l ordering/point of sale platforms, including but not limited to the internet and smart‐phone, shall only offer Single‐Use Food Service Ware Accessories by providing clear options for customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no Single‐Use Food S
ervice Ware Accessories are requested. Each
individual Single‐Use Food Service Ware Accessory (e.g., each fork, knife, 590
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Single-Use Plastics and Carryout Bags - Page 7
condiment packet, napkin, etc.) provided with Prepared Food must be specifically requested by the customer in order for a Food Provider to provide it.

6. A Prepared Food Provider may ask a drive‐through consumer if the consumer wants a Single‐use Food Service Ware Accessory if the Single‐use Food Service Ware Acce
ssory is necessary for the consumer to consume ready‐to‐eat food, or to prevent spills of or safely transport ready‐to‐eat food.

7. For delivery orders, Prepared Food Providers may choose to include specific accessories, such as cup lids, spill plugs, and trays, in order to prevent spills and deliver food and beverages safel
y.

B. USE OF NON‐COMPLIANT FOOD SERVICE WARE PROHIBITED
On or after June 1, 2023:

1. Prepared Food or Beverage Providers, including City Facility Prepared Food Providers, and City Contractors and Lessees may not sell, offer for sale, or otherwise distribute Prepared Food prepared or packaged in Cupertino using:
a. Single‐use Food Service Ware or Food Ware Accessories made, in whole or in part, from Polystyrene Foam;
b. Single‐use Food Service Ware made, or Fo
od Ware Accessories made, in
whole or in part, from plastic including polyethylene, polyethylene terephthalate, polypropylene, polystyrene, even if accep ted as recyclable by the City’s approved recyclables processing facility;
c. Single‐use Food Service Ware or Food Ware Accessories that are Compostable and not certified free of Fluorinated Chemicals by an independent third‐party certifying organization approved by the Director, or their designee;
d. Single‐Use Food Service Ware or Food Ware Acce ssories made in whole or in part from bio‐ or plant‐based or other “compostable” plastic even if labeled or certified as compostable.

2. The Director, or their designee, may adopt a list, or reference an approved list, of suitable alternative Compostable or Recyclable aluminum Single‐use Food Service Ware products, which means Si
ngle‐use Food Service Ware products that serve
the same intended purpose as non‐compliant products, meet the standards for what is Compostable and/or Recyclable aluminum under this Chapter, and are reasonably affordable. If a product is not included or referenced on an approv ed list, the person using the product as Single‐use Food Service Ware will have the 591
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burden of establishing to the Director’s satisfaction that the product complies with this Section.

Businesses packaging Prepared Food outside the City are encouraged to use Single‐use Food Service Ware that is Compostable or Recyclable aluminum, is Compostable and free of Fluorina
ted Chemicals, and is not made, in whole or in
part, from Polystyrene.

C. REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES
On or after June 1, 2023:

1. Prepared Food served for consumption on the Prepared Food Provider’s premise s shall be served only on Reusable Food Service Ware, except that disposable paper food wrappers, sleeves, and bags, foil wrappers, paper napkins, paper tray and plate liners, and straws shall be permitted, so long as they meet the requirements set forth elsewhere in this Chapter.

2. Condiments, such as sauces, ketchup, or must ard, provided for on‐site consumption, shall not be served in disposable, individual‐serving packets.

3. Consumption is considered on‐premises if it takes place at tables and/or seating provided by the Prepared Food Provider either on its own or in conjunction with another Prepared Food Provider.

4. New building permits and new or renewed business licenses fo r Food Service
Providers applied for, and/or deemed complete after 6/1/2023 shall only be granted to Prepared Food Providers that can demonstrate adequate capacity to comply with subsection C.1.

5. This requirement does not prohibit a Prepared Food Provider from providing, upon a customer’s request, Si
ngle‐use Food Service Ware compliant with
subsection B.1 for the customer to take away leftover Prepared Food after dining on the premises.

6. Prepared Food Providers subject to the requirements of subsection C.1 that do not have onsite or off‐site dishwashing capacity, or are unable to contract for serv ices 592
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to wash, rinse, and sanitize Reusable Food Service Ware, in order to comply with applicable provisions of the California Health and Safety Code, may petition the Director for an exemption or extension under 9.15.120.

D. SALE OR DISTRIBUTION OF NON‐COMPLIANT FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM COOLERS PROHIBITED
On or after June 1, 2023:

1. No Person may sell, offer for sa
le, or otherwise Distribute within the City any
Single‐use Food Service Ware prohibited under Sections B.1.a. or B.1.d.

2. No person may sell, offer for sale, or otherwise distribute for compensation within the City coolers, ice chests, or similar containers made, in whole or in part, from Polystyrene Foam that is not wholly enc
apsulated or encased within a more
durable material.

3. Pursuant to Section B.3, the Director may adopt, maintain, or reference a list of compliant products.

SECTION 4. AMENDMENTS TO SECTION 9.15.120 CONCERNING EXEMPTIONS A. A Food Provider may seek an exemption from the r equirements under Section

9.15.110 due to a ʺunique packaging hardshipʺ under Subsection B of this section, ʺunused inventoryʺ under Subsection C of this section, “significant economic hardship” under Subsection D, or request a temporary exemption to request extra time for compliance under Subsection E.

B. The Food Pr
ovider must demonstrate that no reasonably feasible alternative exists for a specific and necessary prohibited Single‐Use food service ware item to qualify for a ʺunique packaging hardshipʺ exemption.

C. The Food Provider must demonstrate that before [new effective date of this ordinance], it purchased the prohibited food service ware which cannot be returned to the distributor and, despite the food vendorʹs best efforts, will remain in inventory on [date], to qualify for an ʺunused inventoryʺ exemption.

Single-Use Plastics and Carryout Bags - Page
10 associated with providing the Single‐Use Food Service Ware is particularly burdensome to the Food Provider based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Provider, and other factors. Reasonable added cost for an item required by this C hapter shall not
by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Director shall consider the following information: ability of the Food Provider to recover the additional expense by increasing its prices, outside fund ing, and other options.

E. The Food Provider must demonstrate that for other reasons not already stated it needs additional time to comply with the provisions of this Chapter.

F. The Food Provider may submit a written application for an exemption on a form to the Environmental Programs Division. The 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 one year. The determination of th e Director shall be final and is not subject to appeal.

G. Prepackaged Food delivered from outside the City is exempt from the provisions of this Chapter.

H. Disposable Food Service Ware that is entirely Aluminum Foil‐based including, but not limite
d to, aluminum trays, aluminum foil wrappers and aluminum foil baskets, is exempt from the provisions of this Chapter.

I. Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, h ealth,
property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

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11 SECTION 5. ADDITION OF NEW SECTION 9.15.125 CONCERNING RECORDKEEPING AND INSPECTION

9.15.125 Recordkeeping and inspection.

A. Food Providers shall keep a complete and accurate record or documents of the purchase of Single‐use Food Service Ware evidencing compliance with this Chapter.

B. The record shall be made available for ins pection at no cost during regular business hours to City employees or City‐designated agents authorized to enforce this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Provider address.

C. The provision of false or incomplete information, records or documents to the city shall be a violation of th
is Chapter.

SECTION 6. AMENDMENTS TO SECTION 9.15.130 CONCERNING ADMINISTRATIVE CITATIONS AND FINES

9.15.130 Administrative citations and fines.

A. Grounds for an administrative citation. An administrative citation may be issued upon findings made by the City Manager, or his or her designee, for violation of any provision of this Chapter.

B. Administrative citation fine amounts. Upon findings made unde r subsection (A), the
Person, Beverage Provider, or Food Provider 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: On
e 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 tha t any person or food vendor violates the provisions of this Chapter is a new and separate violation.
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12 (c) Administrative citation appeals and disposition shall be processed in accordance with Chapter 1.10 of this Code.

SECTION 7. AMENDMENTS TO SECTION 9.17.130 CONCERNING REGULATION OF SINGLE‐USE CARRYOUT BAGS

9.17.130 Single‐Use Carryout Bags
A. No person or retail establishment shall provide a Single‐Use Carryout Bag to a customer, at the check stand, cash register, point of sale or other po int of departure for
the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140.

B. A retail establishment may only make recycled paper or reusable bag s available to customers if the retailer charges a minimum of ten cents.

D. A re tail establishment may provide one or more recycled paper or reusable bags at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participa
ting in the Supplemental Food Program
pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Instituti
ons Code.

9.17.140 Exemptions

1. A plastic or paper carryout bag with or without handles may be provided by a public eating establishment to transport prepared food; Beginning June 1, 2023, a public eating establishment may no longer provide single‐use plastic carryout bags but may provide a recycled paper or reusable bag to transport prepared food at no charge.

2. A plastic or paper bag with or without hand
les may be provided by a nonprofit
charitable reuser;
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13 3. A plastic or paper bag without handles may be provided to transport prepared food, produce, bulk food, or meat from a department within a store to the point of sale;

4. A plastic or paper bag without handles may be provided to hold prescription medication dispensed from a pharmacy;

5. A plastic or paper bag without ha
ndles may be used to segregate food or
merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled bag;

6. A garment bag or garment cover may be used to protect and transport clothing or other textiles.

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REGULATION OF SINGLE-USE FOOD SERVICE WARE BY FOOD PROVIDERS 6/1/2022 Enforcement date per AB1276

9.15.110 A ACCESSORIES ONLY UPON CUSTOMER REQUEST
A.1 Accessories and condiments only on request and unbundled for dine-in, take-out, and delivery apps
A.2 Disallow self-serve stations?
A.3 Plastic straws may be retained and provided as an accommodation A.4 Encourage bulk condiment dispensers rather than individual packets A.5 Online ordering for pickup/delivery must provide option to affirmatively opt in to choosing each accessory piece individually
A.6 Exceptions for instances of drive-through and food deliveries in which items like cup lids, lid plugs, hot sleeve cups may be offered to prevent spills or safely transport food A.7 For delivery orders, accessories allowed to prevent spills and deliver safely. 6/1/2023 1 year after accessories phase

9.15.110 B USE OF NON-COMPLIANT FOODWARE PROHIBITED
B.1 No sale or distribution of Prepared packaged by food providers (including City Facility Prepared Food Providers) in Cupertino using:

B.1.a Expanded Polystyene (EPS) foam
B.1.b Single-use plastics (even if accepted as recyclable) B.1.c Compostables with PFAS
Allow PFAS-free paper, wood, bamboo, or fiber-based compostable items B.1.d Bio-plastics ("compostable plastics")

9.15.120(G) Prepackaged food from outside the City exempted

9.15.120(I) Allow aluminum containers and foil (as exemption) B.2 Director of Public Works (or designee) to maintain list of suitable products and/or provide reference to an approved list
B.3 Exemption for food/beverages prepared and packaged outside of the City

9.15.110 C REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES C.1 Dine-in requires Reusables
C.1 Allowable: disposable paper food wrappers, sleeves, and bags; foil wrappers; paper napkins; paper tray and plate liners; and straws if meet requirements.

C.2 Condiments shall not be in single-service packets
C.3 Definition of on-premises as belonging to food provider or shared C.4 New building permits trigger condition of approval requiring dishwashing capacity to allow reusables on-premises.

C.4 New and renewed business licenses trigger condition of approval requiring dishwashing capacity to allow reusables on-premises.

C.5 Dine-in still allows nonreusable containers for leftovers.

C.6 Waiver/extension option for existing restaurants without dishwashing capacity

9.15.110 D SALE OR DISTRIBUTION OF NON-COMPLIANT FOODWARE PROHIBITED D.1 Ban sale of compostable plastic food service ware
Attachment C
Cupertino DRAFT PROPOSED Single-Use Plastics Ordinance
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D.1 Includes ban on sale of EPS foodware
D.2 Director may adopt or refrence a list of compliant products

9.15.120 A Exemptions available for unique packaging hardship, unused inventory, significant economic hardship, or extra time needed to comply
B Unique packaging hardship
C Unused inventory
D Significant economic hardship
E Needs additional time
F Method of applying for exemption with time limit of 1 year G Prepackaged food is exempt
H Food service ware that is entirely aluminum foil-based is exempt I Emergencies are exempt

9.15.125 A All food providers must keep records of purchase of single-use foodware showing compliance
B Records to be made available for inspection by the City C False or incomplete information is a violation
NEW SECTION 9.15.125 CONCERNING RECORDKEEPING AND INSPECTION

EXEMPTIONS
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CITY OF CUPERTINO
Agenda Item
22-10723 Agenda Date: 4/19/2022
Agenda #: 27.

Subject: Consider Fiscal Year 2022-2023 Council goals and prioritize potential items for the FY 2022-2023 City Work Program
Adopt Fiscal Year 2022-2023 Council goals and prioritize potential items for the FY 2022-2023 City Work Program
Presenter: Katy Nomura, Deputy City Manager
CITY OF CUPERTINO Printed on 4/14/2022Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: April 19, 2022

Subject
Consider Fiscal Year 2022-2023 Council goals and prioritize potential items for the FY 2022 -2023 City Work Program

Recommended Action
Adopt Fiscal Year 2022-2023 Council goals and prioritize potential items for the FY 2022-2023 City Work Program

Discussion

Council Goals
On February 18, 2020 City Council adopted the following goals to provide a framework for the City’s priorities and City Work Program:
 Public Engagement and Transparency
o Creating and maintaining key conversations and interactions with the Cupertino Community.
 Transportation
o Providing access to an efficient, safe multi -modal transportation system for our community, and advocating for effective, equitable mass transit in the greater region.
 Improving Traffic Flow and Alleviating Congestion
 Housing
o Contributing meaningfully and in a balanced manner to the housing inventory in support of our community needs, including affordable housing (from extremely low-income to moderate-income level housing) and addressing homelessness.  Sustainability & Fiscal Strategy
o Continuing Cupertino’s commitment to building a sustainable and resilient community for future generations.
 Quality of Life
o Furthering the health and well-being of all Cupertino community members.  Air Quality and Noise
 Public Safety
 Recreation
 Access to Goods and Services

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2 While these are intended as multi-year goals, they are reviewed annually by the City Council. The Council may adopt the same goals or revised goals as the Council sees fit. A community survey on goals was conducted earlier this year and the results were presented at the March 8 Council meeting. The results were generally aligned with existing Council goals.

Prioritizing Potential FY 22-23 City Work Program Items At the April 5 City Council meeting, Council reviewed the prioritized list that resulted from councilmembers’ preliminary ratings after the March 8 City Council meeting. After discussion, Council made the following changes to the list:
 Added a “Housing Ownership Strategies” item and a “City-Owned Properties” item.  Amended the “Senior Strategy ” item to include staff’s recommendation regarding an additional survey component and a component for the elderly aging in their homes.  Amended the “Housing Program for De Anza College Students” item to include a home sharing program and BMR or middle -income housing funded by the $819 million bond measure.
 Amended the “ Dogs Off Leash Area ” item to include the following language: “two new trials should start as soon as feasible, and the new trial should last at least 6 months unless the trial is adjacent to a field or playground.”
 Removed the “CalTrans Adopt -a-Highway Program ” item and remo ved items that received a sum rating of one or two that staff recommended to not include.

Council also decided that no additional items would be added after the April 5 meeting. These amendments have been incorporated into Attachment A. Staff recommends that this list be prioritized by Council at the April 19 meeting.

A rating sheet has been included as Attachment B to facilitate the Council’s rating process. As discussed at the prior meeting, it is recommended that each Councilmember prioritize the ite ms with the same rating system as before: up to five items with a “5”, up to thirteen items with a “3”, and up to thirteen items with a “1”. A rating of “5” would indicate the highest priority while a rating of “1” would indicate a lower priority. Any unrated items will be considered a ”0” and will considered lowest priority.

It is recommended that Councilmembers submit their ratings during the April 19 meeting to ensure adequate time for staff to draft a proposed FY 22-23 City Work Program based on the ratings. Staff recommends a 15-minute break during this agenda item to allow Councilmembers to make any final adjustments to their ratings and to submit them to staff. The Councilmembers’ ratings and resulting priority order will be included with the next FY 22-23 City Work Program discussion on May 17.

Once the items are prioritized, staff will evaluate the prioritized list and draft a proposed FY 22- 23 City Work Program for Council’s consideration at the May 17 City Council Meeting. The development of the proposed FY 22-23 City Work Program will take into account an item’s prioritization, cost, and staff bandwidth.

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3 Sustainability Impact
There are no sustainability impacts associated with this report.

Fiscal Impact
The estimated budget for each item is indicated in Attachment A. After the prioritization process occurs, a draft FY 22-23 City Work Program will be developed and an estimated total cost will be determined at that time.

Prepared by: Katy Nomura, Deputy City Manager
Reviewed by: Chris Jensen, City Attorney
Dianne Thompson, Assistant City Manager
Approved by: Jim Throop, City Manager
Attachments:

A – Proposed Items from April Council Meeting with Council Amendments B – Councilmember Rating Sheet

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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
1 Lawrence Mitty -
Master Plan
Current City Work
Program Item
(Also Part of CIP)
Development project for Lawrence Mitty will be included in the CIP. Programming, Outreach, & Design with outreach
expected to start by Q3 FY 21-22.

Medium 7/1/2019 8/31/2023 5,430,000 5,430,000 313,140 Parks and Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 1. Develop
Cohesive
Neighborhoods

7. Ensure
Attractive
Community
Design
Include Work is in progress but
will not be completed
by end of FY 21-22.
18 (A "5" rating was
transferred to
this item from
Item 26
"Lawrence Mitty
-
Master Plan" by
the
Councilmember
proposing that
item, in
accordance to
prior public
discussion on
the City Work
Program)
2 Consider options to
develop ELI and BMR
housing units for
Developmentally
Disabled individuals
on City-owned
property along Mary
Avenue as well as the
Outback Steakhouse
location
Current City Work
Program Item
Proposed to continue
by Housing
Commission
Identify ways to build ELI and BMR housing units for
developmentally disabled. Investigate additional sites for BMR or ELI housing.

Large 7/1/2019 12/30/2023 250,000 250,000 12,540 Planning Commission
Housing
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community

8. Embrace
Diversity
Include Continue
interdepartmental
coordination and
processing.
16 3
Memorial Park
Improvements
Current City Work
Program Item
Proposed to continue
by Parks and
Recreation
Commission
(Also Part of CIP)
Implement projects for Memorial Park improvements
including:

1. Memorial Park - Pond Repurposing

2. Memorial Park - Amphitheater Improvements

3. Memorial Park - Specific Plan Design
Large 7/1/2021 6/30/2024 4,650,000 4,650,000 130,000 Parks & Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 1. Develop
Cohesive
Neighborhoods

7. Ensure
Attractive
Community
Design
Include Work is in progress but
will not be completed
by end of FY 21-22.
16 Proposed Items from April Council Meeting with Council Amendments * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments Parks and
Recreation
Commission
Parks and
Recreation
Quality of Life 5. Ensure a
Balanced
Community
Include Trial ended October
2021. The ongoing
program is to be
observed for one year.
14 5
2) Vision Zero
Current City Work
Program Item
Proposed to continue
by Bike Ped
Commission
Revised Objective
: Develop a Vision Zero Policy and Action
Plan and hire a consultant. The Plan will guide policies and programs with the goal of eliminating fatalities on Cupertino roadways. Special emphasis will be placed on routes to, and streets surrounding, Cupertino schools.
_______________________________________
The Revised Objective was developed by combining the
below objectives:

FY 21-22 City Work Program:

Develop a Vision Zero Policy
and Action Plan. The Plan will guide policies and programs with the goal of eliminating fatalities on Cupertino
roadways. Special emphasis will be placed on routes to, and streets surrounding, Cupertino schools.

Bike Ped Commission: Retain consultant to complete the
development of the Vision Zero program, including
finalization of policies and action plans.

Medium 7/1/2022 6/30/2023 80,000
Evaluation of the

City's needs over
the course of the
year have
revealed that a
budget allocation
will be necessary
to hire a
consultant to assist
with completing
the rollout of the
Vision Zero
program.
0 0 Bicycle
Pedestrian
Commission
Public Works Transportation 3. Improve
Connectivity

4. Enhance
Mobility
Include Vision Zero is a current
FY 21-22 City Work
Program item proposed
to continue. Evaluation
of the City's needs over
the course of the year
have revealed that a
budget allocation will
be necessary to hire a
consultant to assist with
completing the rollout
of the Vision Zero
program.
14 4
1) Dogs Off Leash
Area (DOLA)
Current City Work
Program Item
Proposed to continue
by Parks and
Recreation
Commission
Revised Objective:

Standardize the process to create DOLA
trial programs, with no more than two trials running at a time. Respond and evaluate community-driven DOLA
proposals to implement additional DOLAs throughout the
City. Two new trials should start as soon as feasible, and the new trial should last at least 6 months unless the trial is adjacent to a field or playground.
_______________________________________
The Revised Objective was developed by combining the
below objectives and to include Council direction:

FY 21-22 City Work Program:

Identify additional areas
suitable for permitting dogs to be off leash and establish one such area, if the current trial period is successful.

Parks and Recreation Commission:

Large 10/1/2022 6/30/2023 5,000 5,000 0
* Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments Include Once the draft proposal
for the Cupertino store is
adopted by Council,
the next step will be the
implementation phase,
which will take place in
FY 22-23. It is
recommended that
Council include this in
the FY 22-23 City Work
Program so that staff is
able to work on the
Council-approved
concept and begin the
implementation of the
Cupertino Store.
6/30/2023 Budget necessary
will depend on the
direction of
Council once the
options are
brought for
consideration later
this year. This
could involve
annual costs of
$80,000-$100,000
for management
and operations to
be handled by the
Chamber.

An estimated
$30,000 would be
needed for
merchandise.

If store is not
staffed by the
Chamber or
operated at a City
-
owned location
with existing
merchandise
sales, additonal
staff costs are
estimated at
$285,000 annually.
5,000 0 Fine Arts
Commission
6 Cupertino Store
Implementation
Councilmember
Proposal
Staff Proposal
Fine Arts Commission
Proposal
Revised Objective
: Implement the Cupertino Store plan,
which will be adopted by Council as part of the current City Work Program Item "Cupertino Store at Chamber of
Commerce". This would include identifying a location if one is not identified in fiscal year 2021-2022. With some help from the Fine Arts Commission for some of the items with art designed by community members, items would be
designed and selected for the store, for sale to the public, and also available for exchange purposes for formal
delegations to and from the City, with an at-cost charge structure for the latter purposes.
___________________________________________
The Revised Objective was developed by combining the
below objectives:

Staff Proposal:

Implement the Cupertino Store plan, which
will be adopted by Council by the end of FY 2021-22 as part of the current City Work Program Item "Cupertino Store at Chamber of Commerce".

Fine Arts Commission
: Art designed by community members
and approved by Fine Arts Commission for Art store to
provide giveaways to visiting Mayors, sister cities,
commissioners from other cities, etc.

Councilmember Proposal:

Direction to staff previously was
to investigate multiple site possibilities in this current (2021- 2022) fiscal year. As such, several additional possible sites come to mind, but are not limited to:
- Quinlan Center
- Library
- City Hall
There are likely to be more feasible places. This combined item would first identify a location if one is not identified in fiscal 2021-2022.

In the upcoming 2022-2023 fiscal year, with some help from the Fine Arts Commission for some of the items, items would be designed and selected for the store, for sale to the public and also available for exchange purposes for formal delegations to and from the City, with an at-cost charge structure for the latter purposes.

Notes: Combines two items and fulfills need of having
Cupertino-branded material available to the public.

Medium
(Assumes either
Chamber
provides staffing
for store or the
store is operated
at a City-owned
location with
existing
merchandise
sales.)
Large
(If not at
locations as
described
above, there
would be an
ongoing need of
at least 2-4 staff
to operate.)
7/1/2022
12 City
Manager's
Office
Public
Engagement
and
Transparency

6. Support
Vibrant and
Mixed-Use
Businesses
* Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 7 Development
Accountability
Current City Work
Program Item
Proposed to continue
by Planning
Commission
Analyze methods to limit the implementation timeline for entitled/future projects and encourage development.

Monitor implementation of development agreements and
conditions of approval. Review and establish accountability in the project approval process.

Medium 3/1/2020 6/30/2023 10000 10000 0 Planning
Commission
Community
Development
Quality of Life 5. Ensure a
Balanced
Community

6. Support
Vibrant and
Mixed-Use
Businesses
Include Staffing challenges.
11 8
2) Homeless Jobs
Program
Current City Work
Program Item
Proposed to continue
by Housing
Commission
Create a jobs program for up to 2 individuals for 6 months. Medium 7/1/2021 6/30/2023 190,000 (An additional

$190,000 would be
needed to
continue the
program beyond
this fiscal year.)
200,000 169,060 Housing
Comission
Community
Development
Housing 5. Ensure a
Balanced
Community

8. Embrace
Diversity
Not Include Current FY 21-22 City
Work Program item.

Program will conclude in

June 2022. Additional
resources and further
coordination with
provider necessary to
extend.
11 9
RHNA related General

Plan updates and
rezoning (Housing
Element)
Current City Work
Program Item
Proposed to continue
by Planning
Commission
Review preliminary RHNA numbers. Look at strategies for RHNA compliance including evaluating sites for potential upzoning, and jobs-housing ratio and statistics. Identify Priority Housing sites, update Housing Element and complete rezoning by September 2023.

Large 5/19/2020 1/31/2023 1,070,000 1,070,000 748,040 Planning Commission
Community
Development
Housing 5. Ensure a
Balanced
Community

8. Embrace
Diversity
Include This is an ongoing
project.
11 10
Residential and
Mixed-Use Residential

Design Standards
Current City Work
Program Item
Proposed to continue
by Planning
Commission
Create objective design standards for residential and mixed- use residential projects, including ensuring adequate buffers from neighboring low-density residential development.

Medium 10/9/2020 6/30/2023 240,000 240,000 196,200 Planning Commission
Community
Development
Quality of Life 1. Develop
Cohesive
Neighborhoods

6. Support
Vibrant and
Mixed-Use
Businesses

7. Ensure
Attractive
Community
Design
Include Staffing challenges.

Ongoing project
important for the
Housing Element
implementation.
11 11
Sign Ordinance
Update
Current City Work
Program Item
Proposed to continue
by Planning
Commission
Update existing provisions, particularly in the temporary sign regulations.

Small 5/13/2020 12/30/2022 25,000 25,000 0 Planning Commission
Community
Development
Quality of Life Include On pause due to City
Attorney changeover.
11 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 13 Electrification Study
Staff Proposal
Sustainability
Commission Proposal
Revised Objective: Conduct public outreach, policy
research, and coordinate with regional efforts to develop policy options for electrification of Cupertino's buildings and transportation systems.
________________________________________________
The Revised Objective was developed by combining the
below objectives:

Sustainability Commission:

Conduct public outreach,
conduct policy research, and coordinate with the regional efforts on electrification of buildings and transportation systems.

Staff Proposal:

Examine options to encourage rapid
electrification of buildings, i.e. via the update of the building electrification reach codes.

Medium 10/1/2022 6/30/2023 50,000 0 0 Sustainability Commission
City
Manager's
Office
Sustainability
and Fiscal
Strategic

10. Preserve the
Environment
Include The Draft Climate Action

Plan identifies several
high-impact measures.

Developing policy
options and conducting
public outreach
specifically for
residential and non-
residential existing
buildings electrification
is a key step in
achieving the 2030 and
2040 greenhouse gas
reduction targets.
8 9
City
Manager's
Office
Sustainability
and Fiscal
Strategic

6. Support
Vibrant and
Mixed-Use
Businesses
Include Cupertino’s Economic
Development (ED)
Strategy was last
updated in 2016.

Business models,
operations, as well as
trends have significantly
shifted due to the
pandemic. Council has
expressed an interest in
updating the ED
Strategy, which is
especially important
now as we emerge from
the pandemic and
move towards recovery.

It is recommeded that
Council include this in
the FY 22-23 City Work
Program so that there
are timely goals and
objectives clearly
outlined to further
economic vitatility in
Cupertino.
30,000 Economic
Development
Committee
12 Economic
Development
Strategy
Staff Proposal
The updated Economic Development Strategy will aim to
understand the current business environment and market
trends. This framework will formulate short- and long-term economic development policies and develop goals and
objectives to encourage economic recovery and growth.

Large 7/1/2022 6/30/2023 120,000
30,000
* Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 14 Lehigh and Stevens
Creek Quarry
Current City Work
Program Item
Monitor and report on Lehigh and Stevens Creek Quarries.

Utilize IOT sensors to measure noise, particulate, and
pollution levels at Lehigh and Stevens Creek Quarry.

Medium 9/7/2020 6/30/2022 478,050
(Includes

$62,500 for
noise and pollution
monitoring
and $415,550
for legal fees)
478,050
(Includes
$62,500 for
noise and
pollution
monitoring
and
$415,550
for legal
fees)
279,090
(Includes
$17,500
spent for
noise and
pollution
monitoring
and
$261,590 for
legal fees)
TICC Public Works/
Innovation
Technology
Quality of Life 10. Preserve the
Environment
Include Delayed
Implementation due to
prolonged contract
negotiations and supply
chain issues. This is an
ongoing effort. 8
15 Senior Strategy
Current City Work
Program Item
Revised Objective:

Address the needs of seniors in
collaboration with the City Council and Commissions. Needs to address include technology resources, housing, food
supply, transportation, and mental and physical health and wellbeing. Administer a second in-depth senior survey to learn about senior needs(including aging in place and elder financial abuse).
_____________________________________________
The Revised Objective was developed from updating the
below objective to include Council direction:

FY 21-22 City Work Program:

Medium 11/1/2021 6/30/2024 69,000 34,000 1,330 Parks and Recreation
Commission
Parks and
Recreation
Public
Engagement
and
Transparency

8. Embrace
Diversity
Include Extensive community
engagement, staffing
vacancies, COVID.
8 Not Include City's Plan to End
Homelessness will serve
as the City’s master plan

to address the needs of
the unhoused residents
in Cupertino. The Plan is
expected to be
completed this summer
with City Council review
and approval.The
County has job
prepareness programs
for the unhoused.

The County’s
Employment Pathway
Initiative- Destination:

Work, Catholic Charities,
Center for Employment
and Training, Goodwill,
and JobTrain already
provide assistance to
help employ the
unhoused community in
Cupertino.
8 (A "3" rating was
transferred to
this item from
Item 42 "Mental
Health Support"
by the
Councilmember
proposing that
item, in
accordance to
prior public
discussion on
the City Work
Program)
0H o u s i n g
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community

8. Embrace
Diversity
16 Large 7/1/2022 6/30/2023 500,000
These items should be combined into formulating a City
plan to address the issue of the unhoused and how to
provide services in as effective a manner as possible with the resources available. A specific plan would be
generated which includes consideration and
recommendations for:
- City-driven jobs program. Could be fully independent or work in collaboration with a partner or partners, including the County.
- Facility development with supportive services. With non- profit organization partnership, space would be identified and a plan for supportive space with an ultimate aim to provide a pathway to permanent sustained housing would
be made.
- Funding strategy. This would require significant resources, but the social costs of not addressing this growing issue are more significant. With grant money and possible private partnerships available, the deliverable here would be to provide the City with actionable recommendations for
securing financial support for this program.

Support for the
Unhoused
combining:
- Homeless Jobs
Program
- City Plan to End
Homelessness
Councilmember
Proposal
0 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 0P u b l i c S a f e t y
Commission/
TICC
City
Manager's
Office/
Innovation
Technology
Quality of Life 2. Improve
Public Health
and Safety
Include Cities of Los Gatos,
Saratoga, and Los Altos
Hills have similar projects
and addressed some
privacy concerns with
Santa Clara County
Sheriff's Office.
7 Revised Objective:

1. Research Automated License Plate Reader (ALPR)
systems

2. Research state laws, privacy concerns, and regulations related to ALPR

3. Compare fixed location, mobile (in-car), and portable (trailer ALPRs)

4. Identify outreach and engagement strategies used by
other jurisdictions using ALPR

5. Assess locations for fixed ALPR in Cupertino

6. Estimate ALPR costs for installation, monitoring, and maintenance
(Consider: Cameras, LPR, Safe-Exchange Zone, Pilot
cameras in a residential areas, and commercial
developments
Research best practices from other similar jurisdictions)

7. In partnership with the County Sheriff, install ALPR devices for the automated detection of license plates. This data will only be for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather
information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery.
___________________________________________
The Revised Objective was developed by combining the
below objectives:

Public Safety Commission:

1. Research Automated License
Plate Reader (ALPR) systems

2. Research state laws, privacy concerns, and regulations related to ALPR

3. Compare fixed location, mobile (in-car), and portable (trailer ALPRs)

4. Identify outreach and engagement strategies used by
other jurisdictions using ALPR

5. Assess locations for fixed ALPR in Cupertino

In partnership with the County Sheriff, install LPR devices for the automated detection of license plates. This data will only be for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather
information related to active warrants, homeland security, electronic surveillance, suspect interdiction, and stolen property recovery.
17 1) License Plate
Readers
Public Safety
Commission Proposal
Technology
Information and
Communications
Commission Proposal
Extra-Large 7/1/2022 6/1/2023 60,000 initial and

50,000 annually
Estimated 20
cameras at $2,500
based on City of
Saratoga and City
of Los Altos Hills
contracts with
approximately
$10,000 installation
costs
0 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 18 2) 5G Ordinance
Planning Commission
Proposal
Adopt regulations based on aesthetics. Medium 7/1/2022 6/30/2023 0 0 0 Public Works Quality of Life 7. Ensure Attractive
Community
Design
Not Include The City's Public Works
Department is already
drafting 5G regulations
which will be
completed this fiscal
year.
6 19
City Plan to End
Homelessness
Current City Work
Program Item
Also proposed to
continue by Housing
Commission
Draft an Implementation Plan to the Santa Clara County
Community Plan to End Homelessness 2020-25 to create a
roadmap for addressing homelessness in Cupertino.

Large 7/1/2019 9/30/2022 300,000 (no
additional budget
needed beyond
what is already
allocated)
300,000 0 Housing
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community

8. Embrace
Diversity
Include To accommodate
additional community
outreach.
6 20
Review and Update
General Plan (GP)
and Municipal Code
Current City Work
Program Item
Also proposed to
continue by Planning
Commission

1. Amend General Plan & Municipal Code & zoning code to provide objective standards as identified in 2019/2020
evaluation.

2. Re-evaluate the Heart of the City Specific Plan for
sections of the plan that could be clarified and updated easily with objective standards.

Large 6/3/2019 6/1/2023 500,000 500,000 224200 Planning Commission
Community
Development
Quality of Life 1. Develop
Cohesive
Neighborhoods

3. Ensure a
Balanced
Community

7. Ensure
Attractive
Community
Design
Include Phase 3 of project
completed. Other
updates to be
considered as the need
arises.
6 21
Seismic Retrofits and
Upgrades to Existing
City Hall (formerly
"Investigate
Alternatives to City
Hall")
Current City Work
Program Item
(Also Part of CIP)
Examine seismic retrofits, upgrades, and remodels to existing City Hall. Remove allocations from budget to a new City Hall.

Large 5/1/2020 6/30/2023 500,000 500,000 500,000 Public Works Sustainability and Fiscal
Strategy

2. Improve
Public Health
and Safety
Include This is an ongoing effort.
6 22
10455 Torre Avenue
Improvements
Programming &
Feasibility
Current City Work
Program Item
(Also Part of CIP)
Program, plan, and build facility improvements, including seismic, utility and ADA upgrades, for the long-term use of this facility. The scope of work will include public outreach, programming, planning, design, and construction.

Large 7/1/2021 6/30/2023 3,000,000 3,000,000 77560 Public Works Sustainability and Fiscal
Strategy

2. Improve
Public Health
and Safety
Include Work is in progress but
will not be completed
by end of FY 21-22.
5 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 23 Analyze Potential
Revenue Measures
Staff Proposal
Analyze potential revenue measures, such as transient
occupancy tax, sales tax, property tax, and utility users tax, to address possible future financing challenges
Medium 7/1/2022 11/1/2022 50,000 0 0 Administrativ e Services
Sustainability
and Fiscal
Strategy

11. Ensure Fiscal
Self Reliance
Include The City has a significant

list of unfunded Capital
Improvement Program
(CIP) projects that, if
approved, will require
substantial financing. 5
24 2) Artwork at the
Library/Exhibits/Poetr
y and Art Day
Library Commission
Proposal
Collaborate with groups such as the Fine Arts Commission and Cupertino Poet Laureate to display artwork, including exhibits, at the Library.

Exhibits could potentially be around the library and in the new programming space. Examples could be potential
galleries, a poetry/art show, cultural documents and
artifacts, or other fascinating exhibits.

Small 7/1/2022 6/1/2023 10,000 - 0 Library Commission
Parks and
Recreation
Quality of Life 9. Support
Education
Not Include -
Operational through
the Library
Currently there are
already artwork displays
in the library, one being
from the Fine Arts
Commission. Displays
and potential exhibits
would be operational
through the library.
5 25
1) Bicycle Facilities
Bike Ped Commission
Proposal
Increase the inventory of bicycle facilities and amenities, such as bike racks, citywide.

Medium 9/1/2022 6/30/2023 50,000 0 0 Bicycle Pedestrian
Commission
Public Works Transportation 4. Enhance
Mobility
Include Item falls within the
purview of the Bicycle
Pedestrain Commission
and can be managed
with existing staff
resources. Achieving the

objective will
encourage bicycling
within Cupertino,
consistent with City's
overall goals.
5 26
4) Housing Programs
for De Anza College
Students
Previous City Work
Program Item
Housing Commission
Proposal
Revised Objective:

Continue participation in De Anza
College’s student housing assistance program. Restart home share program and explore BMR or middle- income housing funded by the $819 Million bond measure on or off campus. ______________________________________________
The Revised Objective was developed by updating the
below objective to include Council direction and reflect the continuation of the City's partnership with De Anza's student housing assistance program that was started as part of the FY 20-21 City Work Program:

FY 20-21 City Work Program:

Explore solutions for homeless
and housing insecure students. Assist, as appropriate in, the long-term development of De-Anza student housing.

Investigate partnership with De Anza on student housing and transportation solutions.

Medium 7/1/2022 6/30/2023 25,000 25,000 25,000 Housing Commission
Community
Development
Housing 5. Ensure a
Balanced
Community

8. Embrace
Diversity

9. Support
Education
Not Include Suggest separation of
this item. Student
housing assistance
program is previous FY
20-21 City Work Program
item. Program/contract
will conclude in June
2022, however, De Anza
College has also
expressed interest in
extending the program
and staffing can
accommodate this
portion. Home Share
Program and other
housing would require
additional resources.
5 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 28 Resident Engagement
Councilmember
Proposal
Increase resident engagement in Cupertino. For example:
- Greater participation in surveys (possibly incentivizing surveys with gift cards)
- Greater interaction with the community (e.g. tabling with swag, encouraging sign-ups for updates)
-Greater use of partner outlets (e.g. at Library, Chamber, DeAnza, CUSD, FUHSD)
Large 7/1/2022 6/30/2023 30,000 0 0 City Manager's
Office
Public
Engagement
and
Transparency

12. Ensure a
Responsive
Govenment
Include In order to do this
effectively, additional
staff will be required.
5 29
Safe Gun Storage
Ordinance
Staff Proposal
Public Safety
Commission Proposal
Revised Objective:

Research best practices for safe gun
storage from neighboring jurisdictions. Adopt safe gun
storage ordinance to increase public safety for residents. _____________________________________________
The Revised Objective was developed by combining the
below objectives:

Public Safety Commis
sion: Research best practices from
neighboring jurisdictions.

Staff Proposal:

Adopt safe gun storage ordinance to
increase public safety for residents.

Large 7/1/2022 6/30/2023 12,000 0 0 Public Safety Commission
City
Manager's
Office
Quality of Life 2. Improve
Public Health
and Safety
Include Council expressed an
interest in this item
earlier this fiscal year.

Recommended only if
the Council has a strong
willingness to approach
a very difficult process
with strong opinions
from outside the City.
5 30
Shuttle Bus Pilot
Program
Implementation
Current City Work
Program Item
Community shuttle bus 18-month pilot program to increase connectivity throughout the City, nearby medical locations, and Caltrain in Sunnyvale. Explore complimentary
opportunities to expand into other cities.

Large 10/29/2019 6/30/2022 1,750,000 1750000 1750000 Public Works Transportation 4. Enhance Mobility
Include Work is in progress but
will not be completed
by end of FY 21-22.
5 27
Integrated Plan for
Community
Engagement
Councilmember
Proposal
Create Integrated Plan and Database for Community
Engagement so that we do no start from scratch with each project. The plan should include all possible outreach
channels, traditional media, newspaper, including Chinese and other languages, city channel, the Scene, social media and influencers. community leaders, community groups,
HOAs, block leader programs, Chamber and other business groups etc. Explore the possibility for Library and Community Engagement Commission so that the Library Commission
could help review and update this plan as needed.

Notes:
- The City continues to waste precious time since each
project appears to be using an ad hoc approach for
outreach. Each new project can utulize database and plan to customize for the project needd.
- Assign to Library Commission to explore possibiliiites. The Commission could put Library items first so that the Librarians only need to attend the first half of the meeting.

Extra-Large 7/2/2022 6/30/2023 30,000
Additional budget

may be required
to implement the
plan once it is
completed as it
may require
additional printing,
mailing,
translation, etc.
00 C ity
Manager's
Office
Public
Engagement
and
Transparency

12. Ensure a
Responsive
Govenment
For the Plan itself: Not
Include - Operational
For Exploring Library
and Community
Engagement
Commission: Not
Include
The Plan is already
being worked on as part

of operations and was
launched with the Study
Session on December 7,
2021.
5 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 32 Youth and Teen
Social Media
Engagement
Teen Commission
Proposal
Increase social media engagement among youth and
teens to promote Teen Commission awareness and
encourage increased youth participation.

Medium 7/1/2022 6/30/2023 1,200 0 0 Teen
Commission
Parks and
Recreation/
City
Manager's
Office
Public
Engagement
and
Transparency

8. Embrace
Diversity
Include Project would have to
be in collaboration with
Communications team,
which is currently
understaffed.
5 33
3) Community
Engagement on
Alternative
Transportation and
Parking
Library Commission
Proposal
Educate and encourage resident use of alternative
transportation to the Library. Install signage to point to overflow parking at Eaton Elementary school.

Examine how various changes and developments impact
library patrons and residents near and around the Library through the program room expansion, Regnart Creek Trail, bike locks, book drop, as well as continuing the
conversation with CUSD regarding Eaton Elementary Parking

slots.

Medium 7/1/2022 6/30/2023 1,500 0 0 Library
Commission
Parks and
Recreation
Public
Engagement
and
Transparency/
Transportation

4. Enhance
Mobility
Include May be a lengthy
process, but parking
and transportation
education will continue
to be needed for library
access. 4

9. Support
Education
Include Assumes the internships
would be paid and
targeted for high school
students.
531
Student Internship
Program
Councilmember
Proposal
Implement a trial student summer internship program with the City of Cupertino. Initial year will be on a limited basis. If approved, applications will be sought for one-, two- or three- week internships during the summer, with applications to be released in mid-July. Internships will be project-focused, with participating City departments asked to identify a specific project or projects that a student intern can undertake. The internships will have a common start date, and include an orientation, group activities and exit interviews.

Alternatively, if the time and resources do not permit the City to run a trial program in the upcoming summer of the fiscal year (i.e., Summer 2022), Council may form a
subcommittee to share practices for student internships, and to bring a report back to Council at the end of Summer 2022

with recommendations as part of the initiation of a student internship program in Summer 2023.

Notes:
- Based upon consistent inquiries for such opportunities each year. Furthermore, both the students and City benefit from a program that matches projects that may not otherwise be completed as timely with students looking to learn more about our models of civic engagement and governance.

Timing could be challenging for implementing a formal
program in Summer 2022. As such, the alternative is
recommended to allow for more time to develop such a
program.

Note that some work program items may provide an ideal fit

for generating projects for a student internship program. In the longer-term, once such a program is implemented, it will provide an array opportunities for students to learn about civic engagement while contributing meaningfully to the community.

Medium 7/1/2022 9/30/2022 15,000 0 0 Teen
Commission
Administrativ
e Services
Public
Engagement
and
Transparency
* Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 34 3) Labyrinth Program
or Similar
Parks and Recreation
Commission Proposal
Establish maintenance for the two current labyrinths at McClellan Ranch Preserve and Creekside Park and find
ways to enhance recreation at more parks throughout the City with labyrinths or nature play. Engage the community to maintain or create new labyrinths or similar.

Large 7/1/2022 6/30/2023 34,000 0 0 Parks and
Recreation
Commission
Parks and
Recreation
Quality of Life 5. Ensure a
Balanced
Community
Not Include -
Operational
Could be incorporated
into current ongoing CIP
projects. (Playground
Replacement, Park
Amenity Improvements,
Memorial Park
Improvements, or
Lawrence Mitty - Master
Plan)
4 35
Municipal Water
System
Current City Work
Program Item
To analyze and recommend options for the continued
operation of the system currently and at the end of lease with San Jose Water Company in September 2024.

Medium 11/2/2020 10/1/2024 150,000 150000 142750 Public Works Sustainability and Fiscal
Strategy

11. Ensure Fiscal
Seld Reliance
Include Work is in progress but
will not be completed
by end of FY 21-22. 4
36 Blackberry Farm Golf
Course Needs
Assessment
Current City Work
Program Item
(Also Part of CIP)
Determine short-term and long-term improvements to the
golf course and amenities.

Medium 8/31/2020 8/1/2022 100,000
*Additional
funding required
for public
outreach
measures.
76400 47350 Parks &
Recreation
Commission
Public Works/
Parks and
Recreation
Quality of Life 5. Ensure a
Balanced
Community
Include Extensive community
engagement, staffing
vacancies, COVID.
3 37
3) Catalytic Converter

Theft Prevention
(Nellore)
Public Safety
Commission Proposal

1.Warning signs on streets especially the hotspots . A short and crisp message along with the Neighborhood Watch
signs on the streets . We at the PSC could help craft this message with the help of the Captain

2.Monthly newsletters providing tips and suggestions for preventive measures the residents can take to help cut the incidents

3.Promote awareness also through neighborhood watch
meetings and block party meetings.

4. Many residents are not technical and don't understand what a catalytic convertor looks like or what it does. Help educate them by displaying these online or during various events in booths.

5.Put in section about catalytic convertor theft prevention on our website and educate the residents
Large 7/1/2022 6/1/2023 10,000 0 0 Public Safety
Commission
City
Manager's
Office
Quality of Life 2. Improve
Public Health
and Safety
Not include -
Operational
The Sheriff's Office
incorporates much of
the recommended
action into regular
operations. The Block
Leader program will
continue to facilitate a
relationship with the
Sheriff's Office and
promote safety and
best practices in the
community.
3 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 38 Hybrid Meeting for
City Council and
Commission Meetings
Councilmember
Proposal
Develop policy and infrastrcture to allow hybrid meetings for

both City Council, Commission meetings and future
community workshops. This allows seniors, caretakers,
parents with young children to participate and speak.

Note: Virtual meetings have become the norm nowadays.

The community will desire the option to attend a meeting virtually.

Small 7/5/2022 9/30/2022 15,000 0 0 Innovation
Technology
Public
Engagement
and
Transparency

12. Ensure a
Responsive
Govenment
The implementation of
such a policy will require
additional staffing and
staff time.
3 39
1) Impacts to schools
Planning Commission
Proposal
CUSD is shutting schools down and is running classes in portables. City should ensure our planning policies make schools viable. Assessment or score as in net positive or net negative impact to services (schools, particularly) of a project.

Medium 7/1/2022 6/30/2023 30,000 0 0 Planning
Commission
Community
Development
Housing 9. Supporting
Education
Not Include This may be considered
by decision makers
when determining
Housing Element sites.

State law prevents the
City from considering
the fiscal impacts of
housing development
upon schools, since SB50
states that payment of
school impact fees
constitutes full and
complete mitigation for
any school impacts.
3 40
Intergenerational
Engagement
Councilmember
Proposal
Many seniors have a wealth of lifelong experiences. Many teens do not have grandparents nearby. Activities cross generations could benefit both. Schools could engage
seniors in the community to attend school open house or serve as volunteers, such as reading partners.

Notes:
-Teen Commission could take the lead on this project
Large 7/1/2022 6/30/2023 20,000 0 0 Teen
Commission
Parks and
Recreation
Public
Engagement
and
Transparency

8. Embrace
Diversity
Include Cross generational
programs and events
are ongoing in the
Recreation Department.

At the Senior Center,
programs such as teens
helping seniors with
technology, youth and
teen performances at
the Senior Center, and
intergenerational board
game playing have
been popular. Parks
and Recreation could
explore collaboration
with Teen Commission,
Youth Activity Board,
and Senior Advisory
Council to create a joint
program or event.
3 * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments Parks and
Recreation
Public
Engagement
and
Transparency

8. Embrace
Diversity
Include The Senior Center
produces a bi-monthly
newsletter that is printed
and available at the
QCC, Library, Sports
Center, Senior Center,
City Hall, the Golf
Course, and dropped
off at many Cupertino
senior communities.

Anyone interested can
also subscribe to the
emailing list to receive a
bi-monthly e-link to the
newsletter, which is also
available on the Senior
Center website. Staff
could expand the
delivery of printed
copies to appropriate
facilities and
households.
342
Senior Outreach
Project
Councilmember
Proposal
Create and maintain a periodical newsletter to the senior community (limited paper copies with opt-in email list) containing news from, and opportunities for engagement
with, the City of Cupertino.

Notes:

Based upon a growing and sustained need for neutral and jurisdiction-driven outreach to the senior community.

Large 7/1/2022 6/30/2023 156,000 0 0
Bicycle
Pedestrian
Commission
0 The safety of students
riding their bicycles to
school, and the
encouragement of
students to ride who
may not currently ride, is
a high priority for the
City and Transportation
Division staff.

Completion of a
protected bikeway for
students riding to
Lawson Middle School
was identified as a
necessary improvement
through the City’s Walk
Audit process.

Successful completion
of this improvement is
dependent upon third-
party consultant analysis

and review of
alternatives that would
be accomplished
through the feasibility
study process requested
with the current
proposal.
3 Include3. Improve
Connectivity

4. Enhance
Mobility
TransportationPublic WorksRetain consultant to prepare feasibility study which will evaluate alternatives that provide a separated bike path for

students riding to Lawson Middle School. Feasibility cost will be $40,000.

Lawson Middle
School Bikeway
Staff Proposal
41 0 40,000 1/31/20237/1/2022Medium * Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 43 Study Session on City-
Owned Properties
Added at April 5
Council Meeting
Inventory and assess existing facilities and prepare a long- range planning report for three City-owned properties
(Blesch, Byrne, and Stocklemeir)
Medium 7/1/2022 1/31/2023 90,000
($25k for feasibility
study and $65k for
long range plan)
0 0 Planning
Commission
Public Works
CMO
Sustainability
and Fiscal
Strategy

7. Ensure
Attractive
Community
Design
Include 3
(A "3" rating was
transferred to
this item from
Item 45 "Single-
Use Plastics..." by

the
Councilmember
proposing that
item, in
accordance to
prior public
discussion on
the City Work
Program)
44 Visitor Center
Councilmember
Proposal
Develop an online and offline visitor center/guide so that visitors to Cupertino know where to go. Ideally a (digital) map to identify locations to visit or for photo ops to post on social media.

Notes:
- Cupertino is well-known. But besdies Apple Store, there is no points of interest. This Visitor Guide will help boost commercial sales and Cupertino's image
- The Economic Develop Committee could take on the
planning for this task.

Medium 7/1/2022 6/30/2023 100,000
($40,000 for an

online visitor
center, $60,000 for
a physical visitor
center, may
require addiotnal
funding
depending on
location.

Additonal staffing
may be required
to operate the
physical center.)
0 0 Economic
Development
Committee
City
Manager's
Office
Public
Engagement
and
Transparency

6. Support
Vibrant and
Mixed-Use
Businesses
Not Include Given other similar items
related to the visitor
center or a physical
store, this item can be
considered for the
following fiscal year
once the Cupertino
Store has been
implemented and we
have insights into how
best to accomodate
and promote a physical
and/or virtual visitor
center.
3 45
Youth Who Work
Councilmember
Proposal
Encourage more youth and young adults in schools to work and also help small businesses to reduce the burden caused higher minimum wages. For example, the City could provide $2/hour to compensate local small businesses.

Large 7/1/2022 9/30/2023 70,000
(Resources

required include
salary for youth
and access to a
third-party
employer of
record and case
management.)
0 0 Economic
Development
Committee
City
Manager's
Office
Quality of Life 6. Support
Vibrant and
Mixed-Use
Businesses
Include This could be
accomplished by
creating a summer
internship program for
youth to work with small
businesses. This will
require extensive
cooridnation with
external partners. 3
* Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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Priority # Project/Task* Project Objective Project Size Start Date Finish Date Estimated Budget
(not including staff
time)
Allocated
Budget
Budget
Expended/
Encumbered
Commission Department Goal Category
General Plan
Guiding
Principle
Staff
Recommendation
(Include, Not Include,
Not Include-
Operational)
Justification /
Considerations Sum Rating
Proposed Items from April Council Meeting with Council Amendments 46 4) Cybersecurity
Public Education
Technology
Information and
Communications
Commission Proposal
Provide education on cybersecurity to City residents, guests and businesses.

Small 7/11/2022 12/2/2022 7,500 0 0 TICC Innovcation
Technology
Public
Engagement
and
Transparency
Include This is a repeat of a
project completed 3
years ago.

Commissioners will take
on the majority of the
work for this item,
including speaker
selection and facilitate
presentation to
residents.
2 47
2) Long-Term
Strategic Plan
Parks and Recreation
Commission Proposal
Create a prioritization list of the 22 opportunities listed in the Parks and Recreation System Master Plan.

Large 7/1/2022 6/30/2023 0 0 0 Parks and
Recreation
Commission
Parks and
Recreation
Quality of Life 1. Develop
Cohesive
Neighborhoods

5. Ensure a
Balanced
Community
Include Community input and
Parks and Recreation
Commission prioritization
is necessary to organize
the long-term strategic
plan items pointed out
in the Parks and
Recreation Master Plan.
1 Unrated
Housing Ownership
Strategies
Added at April 5
Council Meeting
Develop programs to assist and provide opportunities in homeownership. Explore options such as Vacancy Tax,
Foreign Occupancy/Ownership Tax, and/or corporate
ownership restrictions.

Large 7/1/2022 6/30/2023 250,000 0 0 Housing
Commission
Community
Development
Housing 5. Ensure a
Balanced
Community
Not Include Lack of staffing
resources.
* Project/Tasks with a number in front represent the Commission's prioritization

ATTACHMENT A
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ATTACHMENT B
* This list is in priority order after reorganization from April 5 Council Meeting ** Project/Tasks with a number in front represent the Commission's prioritization Councilmember Rating Sheet
#* Project/Task** Rating
1 Lawrence Mitty - Master Plan
Current City Work Program Item
(Also Part of CIP)

2 Consider options to develop ELI and BMR housing units for Developmentally Disabled individuals on City-owned property along Mary Avenue as well as the Outback Steakhouse location
Current City Work Program Item
Proposed to continue by Housing Commission

3 Memorial Park Improvements
Current City Work Program Item
Proposed to continue by Parks and Recreation Commission (Also Part of CIP)

4 1) Dogs Off Leash Area (DOLA)
Current City Work Program Item
Proposed to continue by Parks and Recreation Commission

5 2) Vision Zero
Current City Work Program Item
Proposed to continue by Bike Ped Commission

6 Cupertino Store Implementation
Councilmember Proposal
Staff Proposal
Fine Arts Commission Proposal

7 Development Accountability
Current City Work Program Item
Proposed to continue by Planning Commission

8 2) Homeless Jobs Program
Current City Work Program Item
Proposed to continue by Housing Commission

9 RHNA related General Plan updates and rezoning (Housing Element) Current City Work Program Item
Proposed to continue by Planning Commission

10 Residential and Mixed-Use Residential Design Standards Current City Work Program Item
Proposed to continue by Planning Commission

11 Sign Ordinance Update
Current City Work Program Item
Proposed to continue by Planning Commission

12 Economic Development Strategy
Staff Proposal

13 Electrification Study
Staff Proposal
Sustainability Commission Proposal

14 Lehigh and Stevens Creek Quarry
Current City Work Program Item

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16 Support for the Unhoused combining:
- Homeless Jobs Program
- City Plan to End Homelessness
Councilmember Proposal

17 1) License Plate Readers
Public Safety Commission Proposal
Technology Information and Communications

18 2) 5G Ordinance
Planning Commission Proposal

19 City Plan to End Homelessness
Current City Work Program Item
Also proposed to continue by Housing Commission

20 Review and Update General Plan (GP) and Municipal Code Current City Work Program Item
Also proposed to continue by Planning Commission

21 Seismic Retrofits and Upgrades to Existing City Hall (formerly "Investigate Alternatives to City Hall")
Current City Work Program Item
(Also Part of CIP)

22 10455 Torre Avenue Improvements Programming & Feasibility Current City Work Program Item
(Also Part of CIP)

23 Analyze Potential Revenue Measures
Staff Proposal

24 2) Artwork at the Library/Exhibits/Poetry and Art Day Library Commission Proposal

25 1) Bicycle Facilities
Bike Ped Commission Proposal

26 4) Housing Programs for De Anza College Students
Previous City Work Program Item
Housing Commission Proposal

27 Integrated Plan for Community Engagement
Councilmember Proposal

28 Resident Engagement
Councilmember Proposal

29 Safe Gun Storage Ordinance
Staff Proposal
Public Safety Commission Proposal

30 Shuttle Bus Pilot Program Implementation
Current City Work Program Item

31 Student Internship Program
Councilmember Proposal

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ATTACHMENT B
* This list is in priority order after reorganization from April 5 Council Meeting ** Project/Tasks with a number in front represent the Commission's prioritization Councilmember Rating Sheet
#* Project/Task** Rating
32 Youth and Teen Social Media Engagement
Teen Commission Proposal

33 3) Community Engagement on Alternative Transportation and Parking Library Commission Proposal

34 3) Labyrinth Program or Similar
Parks and Recreation Commission Proposal

35 Municipal Water System
Current City Work Program Item

36 Blackberry Farm Golf Course Needs Assessment
Current City Work Program Item
(Also Part of CIP)

37 3) Catalytic Converter Theft Prevention (Nellore)
Public Safety Commission Proposal

38 Hybrid Meeting for City Council and Commission Meetings Councilmember Proposal

39 1) Impacts to schools
Planning Commission Proposal

40 Intergenerational Engagement
Councilmember Proposal

41 Lawson Middle School Bikeway
Staff Proposal

42 Senior Outreach Project
Councilmember Proposal

43 Study Session on City-Owned Properties
Added at April 5 Council Meeting

44 Visitor Center
Councilmember Proposal

45 Youth Who Work
Councilmember Proposal

46 4) Cybersecurity Public Education
Technology Information and Communications Commission Proposal

47 2) Long-Term Strategic Plan
Parks and Recreation Commission Proposal

Unrated Housing Ownership Strategies
Added at April 5 Council Meeting

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CITY OF CUPERTINO
Agenda Item
22-10717 Agenda Date: 4/19/2022
Agenda #: 28.

Subject: Consideration of corrections to the current Teen Commission staggered term groups to return the Commission back to the term cycle that is specified by Cupertino Municipal Code, Chapter 2.95 Teen Commission (continued from April 5, 2022) Consider making corrections to the current Teen Commission staggered term groups to return the Commission back to the term cycle that is specified by Cupertino Municipal Code, Chapter 2.95 Teen Commission; approve option(s) or provide direction to staff as to other measures to ensure compliance with Cupertino Municipal Code Chapter 2.95
Presenter: Kirsten Squarcia, City Clerk
CITY OF CUPERTINO Printed on 4/14/2022Page 1 of 1
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1 CITY COUNCIL STAFF REPORT
Meeting: April 19, 2022

Subject
Consideration of corrections to the current Teen Commission staggered term groups to return the Commission back to the term cycle that is specified by Cupertino Municipal Code, Chapter 2.95 Teen Commission (continued from April 5)

Recommended Action
Consider making corrections to the current Teen Commission staggered term groups to return the Commission back to the term cycle that is specified by Cupertino Municipal Code, Chapter 2.95 Teen Commission; approve option(s) or provide direction to staff as to other measures to ensure compliance with Cupertino Municipal Code Chapter 2.95

Discussion
As required by Cupertino Municipal Code (CMC) Chapter 2.95, the Teen Commission is comprised of nine Commissioners who are appointed to two‐year terms. The regular terms of commissioners begin on September 1 and end on August 31 of the year their term is due to expire. Membership on the Commission is limited to Cupertino residents.

Commissio
ners must be in the 8th through 11th grade at time of appointment. Chapter

2.95 requires Council to make five (5) new appointments in odd‐numbered years and four (4) new appointments in even‐numbered years. Members of the Teen Commission must be appointed according to CMC Chapter 2.95 (Attachment A) and the current commissio
n recruitment process adopted by City Council (Attachment B).

Until 2018, the Teen Commission was established and amended by City Council pursuant to resolution. The Commission membership included Commissioners from 12th grade who were appointed to one‐year terms. So long as a one‐year term appointment was made, the staggered term groups remained in balance, with five vacancies in odd‐ numbered years and fours va
cancies in even‐numbered years. During the 2011 Teen Commission annual appointment cycle, Council appointed five members to two‐year terms and chose not to include a one‐year term, thereby resulting in six vacancies for the following a
ppointment cycle (Attachment C). Council continued to make appointments 624
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2 based on six (6) terms expiring in odd‐numbered years and three (3) terms expiring in even‐numbered years.

On March 6, 2018, Council adopted Resolution No. 18‐019 limiting membership to students in 8th through 11th grade at time of appointment and revoking 12th grade (one‐ year term) membership (Attachment B).

On December 4, 2018, Council adopted Ordi
nance No. 18‐2181 codifying and establishing
the Teen Commission in the Cupertino Municipal Code (CMC). CMC Section 2.95.020 sets the staggered terms of office at five (5) new appointments in odd‐numbered years and four (4) new appointments in even‐numbered years. However, only three members of Teen Co
mmission have terms that have been set to expire this year. This conflicts with CMC Section 2.95.020, which requires that four new members be appointed this year.

Due to this conflict, staff is recommending that Council consider making corrections to the current Teen Commission 6/3 term groups to return the Commission back to th e 5/4 two‐year cycle that is specified by the Code.

Below are the recommended options for Council to consider:

Option 1: The Council may choose to (retroactively) limit the term of one of the current Commissioners to one year. Staff will poll the Commis
sion to see if any members wish to
shorten their term with an expiration on August 31, 2022. If Council selects this option, staff recommends that Council authorize staff to proceed with the recruitment process and set the application deadline and interview dates for four terms expiring on the Teen Commissio
n as follows:

1.) Application deadline of 4:30 p.m. on July 29; and

2.) Interview dates at 5:30 p.m. on Monday, August 8 and Tuesday, August 9 (as needed)

Option 2: The Council may direct staff to amend the Cupertino Municipal Code (CMC) to set the staggered terms at six (6) appointments in odd‐number ed years and three (3) appointments in even‐numbered years. An amendment to the CMC would require extending the Teen Commission annual recruitment by at least two months to allow staff to prepare a draft ordinance for introduction and potential enactment by the Council, as well as the requisite thirty days for the ordinance to go in to effect. Staff recommends that
interviews be scheduled in August to interview applicants after their summer activities end; and authorize staff to proceed with the recruitment process. If Council selects this option, staff recommends that Council set application deadline an d interview dates for three terms expiring on the Teen Commission as follows:

1.) Application deadline of 4:30 p.m. on July 29; and

2.) Interview dates at 5:30 p.m. on Monday, August 8 and Tuesday, August 9 (as needed) 625
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3 If Council wishes to establish the application deadline and interview dates, then staff will begin outreach for the recruitment. The Parks and Recreation Department will distribute vacancy notices to the school districts and advertise through other available marketing channels. The City Clerk’s Office will advertise the vacancies on the City websi te and through social media, as well as in the Cupertino Courier, World Journal, and Cupertino Scene (schedule permitting).

Sustainability Impact
None

Fiscal Impact
None
_____________________________________

Prepared by: Kirsten Squarcia, City Clerk
Reviewed by: Christopher Jensen, City Attorney
Approved for Submission by: Jim Throop, City Manager

Attachments:

A ‐ Ordinance No. 18‐2181 Establishing the Teen Commission B ‐ Resolution No. 18‐019 Governing Teen Commission Recruitment C ‐ May 25, 2011 City Council minutes

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RESOLUTION NO. 18-019

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

UPDATING THE CUPERTINO TEEN COMMISSION, ESTABLISHING
MEMBERSHIP FOR STUDENTS FROM 8TH THROUGH 11TH GRADE, AND

RESCINDING ANY AND ALL EARLIER RESOLUTIONS

WHEREAS, the Teen Commission was established by City C ouncil pursuant to Resolution 02-065, as amended through vari ous other resolutions, including resolutions nos. 02-167, 04-405, 05-095, 09-078, 09-115 and 16-138;

WHEREAS, pursuant to Resolution No. 17-033 adopted by Council on April 4, 2017, students enrolled in 8 th through 12 th grade may apply for membership to the Commission;

WHEREAS, the City Council desires that membership be limited to students who are enrolled in 8
th through 11 th grade at time of appointment for the purpose of establishing greater effectiveness of the Teen Commission.

NOW, THEREFORE, BE IT RESOLVED that m embership in the Teen Commission shall be limited to students enrolled in 8 th through 11 th grade at time of appointment. Any and a ll pr evious resolutions , including those listed above, to the extent they are still in effect, are hereby revoked and superseded by this Resolution.

Accordingly, the updated Teen Commission Resolution shall read as follows:

CUPERTINO TEEN COMMISSION

• The Cupertino Teen Commission will be comprised of nine members, at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission will be limited to Cupertino residents.

Members may attend sc hools outside of the city limits, or be schooled at home.

Commissioners must be in the 8th through 11th grade at time of appointment. • The members of the Teen Commission shall be appointed pursuant to the current commission recruitment process adopted by City Council, with the following exceptions: Applicants under the age of 18 must have written permission of a parent or guardian to participate on the Teen Commission. The Recreation and Community Services Department will work with the City Clerk to notice vacancies so that outreach to schools and youth organizations is accomplished. A letter of recommendation shall be submitted as part of the application process. The Council 627
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Resolution No. 18-019

Page 2 ends

shall appoint new commissioners in May, to be seated in September, except in the case of reappointment of vacant seats.

A) For all applicants, the City Clerk will summarize the applications on a chart that indicates applicants' name, school, and grade level in order to assist the Council decision process. The summary chart will be distributed to the Council members before interviewing begins.

B) Each applicant in the interview pool will then be interviewed by Council. The applicant will start with a one-minute speech explaining why the applicant wishes to serve and why they feel qualified to serve.

C) Each Council member will then have the opportunity to ask at least one question of the applicant.

D) When the entire pool has been interviewed, Council will discuss the applicants. After the discussion, ballot voting will take place to determine the appointments.

E) If no applicant is appointed from one of the five public schools in Cupertino, Council may choose to re-advertise for a subsequent appointment process, fill the vacancy with any other applicant or leave the seat vacant.

F) Council may appoint alternates to serve on the commission in the event of a vacancy. Such alternates may attend meetings but shall not participate in meetings until such time as a vacancy has occurre d and the alternate has filled the vacancy. If Council appoints more than one alternate, Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring, the first alternate shall fill such vacancy without the need for further City Council action.

• Commissioners should reflect the broadest possible representation of Cupertino youth.
• A total of nine T een Commissioners will be appointed to two -year terms. F ive (5) appointments will be made in odd -numbered years and four (4) appointments in 628
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Resolution No. 18-019

Page 3 ends

even-numbered years. Vacant seats will be filled with applicants willing to finish the term. The terms will begin on September 1st and end on August 31st of each year. • Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction.
• None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the city.
• The Commission shall elect a chair and vice-chair at the beginning of each year. • The annual meeting schedule will coincide with the commission term (i.e., September – August). Meeting times and location will be decided by the commission at the first meeting of the term, and will be adopted as the annual meeting schedule pursuant to the Brown Act.
• Actions taken by the Commission will be by majority vote. • The Recreation and Community Services Department will provide staff support to the Teen Commission and will post meeting agendas.
• The powers and function of the Teen Commission will be to advise the City Council and staff on issues and projects important to youth.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6
th day of March, 2018 by the following vote:

Vote Members of the City Council

AYES: Paul, Sinks, Chang, Scharf, Vaidhyanathan
NOES: None
ABSENT: None
ABSTAIN: None

ATTEST: APPROVED:

/s/Grace Schmidt /s/Darcy Paul
_________________________ ___________________________________ Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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MINUTES

CUPERTINO CITY COUNCIL
Regular Adjourned Meeting
Wednesday, May 25, 2011

ROLL CALL

At 3:42 p.m. Mayor Gilbert Wong ca lled the meeting to order in C ity Hall Conference Room A, 10300 Torre Avenue, Cupertino, California.

Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, and Orrin Mahoney. Absent: Council member Kris Wang.

COMMISSION INTERVIEWS

1. Interview applicants for vacancies on the Teen Commission.

Written Communications for this meeting included a le tter to Council from the Teen Commission with a recommended list of characteristics for the upcoming teen commission members.

The City Council interviewed 66 applicants from grades eight through twelve. The following 5 individuals were appointed to 2-year terms:

Madeline Yip
Sanika Puranik
Greg Pommier
Dana Lujack
Ashley Ding

ORAL COMMUNICATIONS - None

ADJOURNMENT

At 11:45 p.m. the meeting was adjourned.

/s/Grace Schmidt
____________________________
Grace Schmidt, Deputy City Clerk

For more information: Staff reports, backup mate rials, and items distribu ted at the meeting are available for review at the City Clerk’s Office, 777-3223, a nd also on the Internet at www.cupertino.org.

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May 25, 2011 Cupertino City Council Page 2

Most Council meetings are shown live on Ca ble Channel 26, and ar e available at your convenience from our web site. Visit www.cupertino.org and click on Watch Meetings.

Videotapes are available at the Cupertino Library, or may be pur chased from the Cupertino City Channel, 777-2364.

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CITY OF CUPERTINO
Agenda Item
22-10782 Agenda Date: 4/19/2022
Agenda #: 29.

Subject: Consideration of Municipal Code amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee. (Continued from April 5, 2022). (See Postponements and Orders of the Day).

1. Conduct the first reading of Ordinance No. 22-2240; “An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee"

2. Find that the proposed actions are exempt from CEQA
Presenter: Tina Kapoor, Economic Development Manager
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Cupertino City CouncilApril 19, 2022

Cupertino City Council
April 19, 2022