Cupertino City Council
April 19, 2022

CC 04-19-2022

Study Session Item No. 1

Lobbyist Registration
Update

Presentation
Cupertino City Council
April 19, 2022
Lobbyist Registration Update
CC 04-19-2022 Study Session Item No. 1
CMC Chapter 2.100(n)
“lobbying” means influencing or attempting to
influence a legislative or administrative action of
the City of Cupertino.

CMC Chapter 2.100
Lobbyists must disclose their identity and clients when appearing in a lobbying capacity at any meeting with a
City official or at a public meeting of the City Council or any other City body
Lobbyist Categories, 2.100.030(o)
● Contract Lobbyist: lobbying on behalf of one or more
clients and has received compensation of $1,000 or
more in a three-month period
● Business or Organization Lobbyist: lobbying in an
aggregate of 10 hours or more in any consecutive 12-
month period
● Expenditure Lobbyist: makes payments or incurs
expenditures of $5,000 or more during any calendar
year lobbying
Registration, Reporting, and Fees
● Annual registration and renewal by January 15th
● Quarterly reports by January 15th, April 15th, July 15th, and October 15th
FY 21-22 Registration Fee Delinquent fees
$178.96 $25 per day, up to $500
Exemptions, 2.100.030(p)
● includes various exemptions from the definition of
“lobbyist”
● are applied to avoid infringing on constitutionally
protected petitioning activity
Violations
● General Penalty provisions,1.12.010:
o Infractions: $100 1st violation, $200 2nd violation;
and $500 for subsequent violations
o Misdemeanors: up to $1,000, imprisonment for
up to six months, or both
● administrative enforcement under CMC Chapter 1.10
Current Filers
● six lobbyists have registered with the City
● may be viewed in the public portal for lobbyist
disclosure
● lobbyists can register at Cupertino.org/lobbyist or by contacting the City Clerk’s Office
Recommended Action
● receive the update on the City of Cupertino Lobbyist
Registration Program pursuant to Cupertino Municipal
Code Chapter 2.100 regarding lobbying registration
and reporting requirements
● provide any direction to staff
CC 04-19-2022

Item No. 22

Master Funding
Agreement & PDA
Planning Grant

Presentation
1 City Council
April 19, 2022
Master Funding Agreement
& PDA Planning Grant
Background
 Feb. 2022: PDA
1 Planning Grant presented to City
Council
 Council requested item be presented to
Planning Commission for recommendation
 March 2022: Staff presented item to Planning
Commission
 Planning Commission recommended:

1. Accept PDA Planning Grant

2. Authorize consultant agreement after Housing
Element update certified by HCD
2 1. PDA = Priority Development Area

2. HCD = California Department of Housing & Community Development 1 2
CC 04-19-2022 Item No. 22
2 Master Funding Agreement (MFA)Umbrella agreement to facilitate & distribute funding from MTC3Effective fiscal year 2021/22 – 2031/32“Supplement” required for each grant from MTC●Attached to the MFAPDA Planning Grant = City’s 1st SupplementApril 30, 2022: Deadline to execute MFA & Supplement for PDA Planning Grant3. MTC = Metropolitan Transportation Commission Heart of the City Specific PlanAdopted 1995Approx. 600 acresFY 19-20 Work Program: HOC4Specific Plan amendment2019: City issues letter to ABAG/MTC5confirming intent to amend HOC Specific Plan by 2025VTA Cores, Corridors, & Station Area PDA

4. HOC = Heart of the City5. ABAG/MTC = Association of Bay Area Governments/Metropolitan Transportation Commission 3 4
3 PDA Planning GrantJan. 2021: Jurisdictions invited to submit applicationsFeb. 2021: Staff submitted grant application Spring 2021: City awarded $400,000 PDA Planning GrantGrant Goals:Increasing housing supply & jobsReducing VMT6& increasing alternative modes of transportationRetaining & expanding community assets, services, & retail6. VMT = Vehicle Miles Traveled PDA Planning Grant Scope of WorkPublic EngagementCommunity Assessment & Policy DevelopmentAdopted Plan Documents5 6 4
CAC & TAC- Community Advisory Council (CAC):Group of residents, local employees, community organizations, service providers, etc. Role: Review draft plan materials & inform the planning process- Technical Advisory Committee (TAC): Group of local, county/regional agencies, service providers, & ABAG/MTC grant managerRole: Review draft plan materials & provide technical input Consultant Selection- Planning Commission recommendation: Issue RFP7Authorize consultant after Housing Element update certified by HCD- Staff recommendation: Conduct work in conjunction with Housing Element updateAnticipated overlap in scope of work (e.g., community engagement, analysis, rezoning, etc.)7. RFP = Request for Proposals 7 8
5 Draft Timeline- Planning Commission recommendation: Wait until after Housing Element update is certified by HCD- MTC Deadline: 3 years from contract approval Impacts-Sustainability Impact:None-Fiscal Impact:$400,000 in reimbursement-based grant fundsAdditional funds may be required if HOC Specific Plan update is separate from Housing Element updateStaff to return to Council to budget grant revenue & budget modifications with proposed consultant & contract 9 10
6 Recommended Action #1That City Council adopt the draft resolution (Attachment A) to:Authorize City Manager to enter into a Master Funding Agreement between City & MTC Recommended Action #2That City Council consider adopting the draft resolution (Attachment B) to:Accept PDA Planning Grant funds from MTC for the HOC Specific Plan updateAuthorize City Manager to execute the Supplement agreement for the PDA Planning GrantDirect staff to present consultant agreement after Housing Element update certified by HCD 11 12
7 Next StepsUpon authorization from Council, City Manager to execute Master Funding Agreement & PDA Planning Grant Supplement prior to April 30, 2022Staff to return to Council following HCD certification of the Housing Element update to present consultant agreement & any budget amendments for HOC Specific Plan update Comments/Questions13
14 CC 04-19-2022

Item No. 26

Single-Use Plastics
First Reading

Presentation
April 19, 2022
Ursula Syrova, Environmental Programs Manager
Single-Use Plastics Ordinance
First Reading
CC 04-19-2022 Item No. 26
• Concerns:
• Foodware litter, chemical migration, microplastics,
ingestion, challenging recycling markets
• 2013: Cupertino banned single-use plastic carryout bags • 2014: Cupertino banned use of EPS foam foodware
• 2017: Zero Waste Policy adopted - supports reusable over single- use, reducing unnecessary single-use foodware & packaging • 2020: Single-Use Plastics Ordinance - City Work Program item • 2021 & 2022: Sustainability Commission input
• March 1, 2022: Council Study Session
Background

• Develop draft ordinance language
• Include temporary waivers to reduce impacts to businesses • Explore collaboration with schools
• Reach out to larger corporate interests
• Explore a pilot of reusable foodware for takeout
• Explore coordinating efforts with surrounding cities
• Consider requiring compostable plastic produce bags
• Clarify concerns about bio-plastics
• Compare the GHG impact of plastic vs compostable foodware Study Session Feedback
Ordinance – Recommended Elements
June 1, 2022
Ask First: Accessories only
on request (per AB1276)
• Businesses must ask
customers if they want
straws, utensils,
condiment packets,
spill plugs, stir sticks,
etc.
• No single-use plastic cups, containers, utensils, stir sticks, straws for dine-in or takeout
Ordinance – Recommended Elements
June 2023

• No use or sale of compostable plastics
• No serving food, drinks using compostable plastic
foodware
• Ban on the sale of compostable plastic foodware
Ordinance – Recommended Elements
June 2023

• No local sale of expanded polystyrene (EPS) items:
• Already prohibited to serve in EPS
• Ban on the sale of EPS foodware
• Ban on the sale of EPS coolers
Ordinance – Recommended Elements
June 2023

• Allow fiber-based takeout foodware:
paper, wood, bamboo, bagasse
• Allow aluminum foil-based items
Ordinance – Recommended Elements
June 2023

• Require reusables for dine-in
Ordinance – Recommended Elements
June 2023

June 2023:
• Amend our plastic bag ordinance:
• No single-use plastic bags for takeout food orders
Now:
• Code Cleanup to match State law:
• Require retailers (not restaurants) to charge $0.10 for reusable carryout bags. CMC currently allows reusable
bags to be given at no charge, but that is not in
alignment with State law. In practice in Cupertino this is already happening.

Ordinance – Single-Use Carryout Bags

• Additional time needed to comply
• Significant economic hardship
• Unique packaging hardship
• Plastic straws available as an accommodation
to people with disabilities who request them to
enjoy equal access to food and beverage
services within the City.

Temporary Exemptions:

• Pilot reusable to-go foodware in Cupertino
• Offer technical and financial assistance to businesses • Studies show switching to reusables pays off
• Help with the initial investment if needed?
Additional Recommendations:

Impact on food providers:

• Requiring compostable fiber-based foodware
• Mountain View
• San Mateo County
• City of Alameda
Other jurisdictions:

x
• Survey of food businesses in Summer 2021:
• 99 businesses (88 in-person, 11 via email)
• Cross-section of restaurant types (fast food,
independently owned, dine-in, franchises, boba tea,
coffee/café, grocery, dessert/bakery, small to large)
• Main concerns:
• Cost of alternatives
• Concern about maintaining business operations
(boba cup heat-sealing process, proper packaging
of takeout foods, etc.)
Outreach to Businesses:
• Youth - supportive
• Unhoused and low income – concern over any
increased costs getting passed along
• Large corporate food providers – space for
scaling up dishwashing, availability of labor
• Disability community – retain access to plastic
straws, limited ability to wash dishes
• Schools – no dishwashers, supply chain, budget
Outreach to Special Interest Groups:
111 customers took a survey
• 61% supported moving away from plastic
• 35% are concerned about single-use generally
• 76.6% say it would be positive for the customer
experience
• 87.7% said they’ve received unwanted utensils
or napkins with takeout orders
• 91% worry about the waste from single-use
Outreach to Customers:
• Scene article, Mercury News
• Postcard mailed to all food businesses
• Emails to all survey respondents
• In-person postcard delivery to boba,
coffee places
• Sustainability Commission
• Chamber of Commerce
• engagecupertino.org/single-use-plastics
Outreach for Awareness:

• Impact to boba places – allow unique
packaging exemption for an additional year?
• Offer financial assistance as part of the
technical assistance RFP?
• Plastic hot and cold lids are not included
Notable points:

Next Steps
2222
• May 3, 2022
• 2nd reading

Questions?
23 CC 04-19-2022

Item No. 27

City Work Program Goals
and Prioritization

Presentation
April 19, 2022
FY 2022-2023 City Work Program
CC 04-19-2022 Item No. 27

1. FY 22-23 Strategic Planning Process

2. Council Goals

3. City Council Discussion (April 5)

4. Items in Priority Order after April 5 City
Council Meeting

5. Recommendation and Next Steps
Presentation Outline
FY 22-23 Strategic Planning Process

Public Engagement and Transparency
Creating and maintaining key conversations and
interactions with the Cupertino Community.

Transportation
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
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
Continuing Cupertino’s commitment to building a
sustainable and resilient community for future
generations.

Quality of Life
Furthering the health and well-being of all Cupertino
community members.
•Air Quality and Noise
•Public Safety
•Recreation
•Access to Goods and Services
Council Goals
• Council added two items
• Study Session on City-Owned Properties
• Housing Ownership Strategies
• Council removed the Adopt-a-Highway Program item and
items with a sum rating of 1 or 2 that were not recommended for inclusion by staff
• Some councilmembers adjusted their scores
• Council provided modifications for certain items
• After removing, adding, and modifying items, there are now 48 items for Council to consider today
City Council Discussion April 5
Items in Priority Order after April 5 City Council Meeting (All information, including resource considerations, can be found in Attachment A)

1. Lawrence Mitty - Master Plan (Parks and
Recreation Commission)

2. Consider options to develop ELI and BMR
Housing… (Housing Commission)

3. Memorial Park Improvements (Parks and
Rec Commission)

4. Dogs Off Leash Area (Parks and Rec
Commission)

5. Vision Zero (Bike Ped Commission)

6. Cupertino Store Implementation (Fine Arts
Commission, Councilmember Proposal)

7. Development Accountability (Planning
Commission)

8. Homeless Jobs Program (Housing
Commission)

9. RHNA related General Plan updates and
rezoning (Housing Element) (Planning
Commission)

10. Residential and Mixed-Use Residential
Design Standards (Planning Commission)

11. Sign Ordinance Update (Planning
Commission)

12. Economic Development Strategy

13. Electrification Study (Sustainability
Commission)

14. Lehigh and Stevens Creek Quarry

15. Senior Strategy

16. Support for the Unhoused… (Councilmember
Proposal)
* If a commission is noted, it indicates that the commission recommends the item

17. License Plate Readers (Public Safety
Commission, TICC)

18. 5G Ordinance (Planning Commission)

19. City Plan to End Homelessness (Housing
Commission)

20. Review and Update General Plan and
Municipal Code (Planning Commission as
Objective Standards)

21. Seismic Retrofits and Upgrades to Existing
City Hall

22. 10455 Torre Avenue Improvements

23. Analyze Potential Revenue Measures

24. Artwork at the Library/Exhibits/Poetry and
Art Day (Library Commission)

25. Bicycle Facilities (Bike Ped Commission)

26. Housing Program for De Anza College
Students (Housing Commission Proposal)

27. Integrated Plan for Community Engagement
(Councilmember Proposal)

28. Resident Engagement (Councilmember
Proposal)

29. Safe Gun Storage Ordinance (Public Safety
Commission)

30. Shuttle Bus Pilot Program Implementation

31. Student Internship Program (Councilmember
Proposal)

32. Youth and Teen Social Media Engagement
(Teen Commission)
Items in Priority Order after March 8 Special Meeting
(All information, including resource considerations, can be found in Attachment B) * If a commission is noted, it indicates that the commission recommends the item

33. Community Engagement on Alt.

Transportation and Parking (Library
Commission)

34. Labyrinth Program or Similar (Parks and
Recreation Commission)

35. Municipal Water System

36. Blackberry Farm Golf Course Needs
Assessment

37. Catalytic Converter Theft Prevention (Public
Safety Commission)

38. Hybrid Meetings for City Council and
Commission Meetings (Councilmember
Proposal)

39. Impacts to Schools (Planning Commission)

40. Intergenerational Engagement
(Councilmember Proposal)

41. Lawson Middle School Bikeway

42. Senior Outreach Project (Councilmember
Proposal)

43. Study Session on City-Owned Properties
(Added by Council on April 5)

44. Visitor’s Center (Councilmember Proposal)

45. Youth Who Work (Councilmember Proposal)

46. Cybersecurity Public Education (TICC)

47. Long-Term Strategic Plan (Parks and Rec
Commission)
• Housing Ownership Strategies (Added by
Council on April 5)
Items in Priority Order after March 8 Special Meeting
(All information, including resource considerations, can be found in Attachment B) * If a commission is noted, it indicates that the commission recommends the item • Adopt Fiscal Year 2022-2023 Council goals
• Prioritize items in Attachment B:
• Up to five 5's, up to thirteen 3's, up to thirteen 1's Recommendation and Next Steps

Questions?
CC 04-19-2022

Item No. 28

Teen Commission Term
Cycles

Presentation
Cupertino City Council
April 19, 2022
Teen Commission Term Cycles
CC 04-19-2022 Item No. 28
CMC 2.95 Teen Commission
● Comprised of 9 Commissioners
● Term of office for 2 years
● Terms begin on September 1st and expire on
August 31st
● 5 appointments made in odd-numbered years
and 4 appointments in even-numbered years
Terms of Office 2.95.020
Staggered Terms
9 Members
Odd Years
5 Terms Expiring
Even Years
4 Terms Expiring
Off-Balance Term Cycle
● In 2011, Council appointed 5 members to 2-year terms
and chose not to include a 1-year term, resulting in 6
vacancies for the following appointment cycle
Staggered Terms (Current)
9 Members
Odd Years
6 Terms Expiring
Even Years
3 Terms Expiring
Consider Option 1
● (Retroactively) limit the term of a current
Commissioner to 1 year expiring on August 31
● Authorize staff to proceed with annual recruitment
● Set application deadline and interview dates for four terms expiring:

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

2.) Interview dates: 5:30 p.m., Monday, August 8
and Tuesday, August 9
● No Teen Commission members have accepted
Consider Option 2
● Direct staff to amend the Code to set the staggered
terms at 6 appointments in odd-numbered years and
3 appointments in even-numbered years
● Authorize staff to proceed with annual recruitment
● Set application deadline and interview dates for three terms expiring:

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

2.) Interview dates: 5:30 p.m., Monday, August 8
and Tuesday, August 9
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