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Cupertino City Council
May 3, 2022

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Presentations (Updated 05-04-2022)
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May 3, 2022
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CC 05-03-2022

Study Session Item No. 1

FY 22-27 CIP Projects
Report

Presentation
May 3, 2022
City Council – Study Session
FY 22-27 CIP Projects Report
CC 05-03-2022 Study Session Item No. 1
For more detail on the status of current CIP projects, refer to the City’s CIP dashboard:
https://gis.cupertino.org/webmap/cip/
CIP Dashboard
Navigation: Cupertino.org > Public Works > City Construction Projects (CIP) (on the left sidebar) > Interactive Dashboard FY 22-23 CIP
Projects
Agenda
● The CIP Process
● Current CIP projects
● Proposed CIP projects
● Comments
The CIP Process
The CIP Process
The Capital Improvements Program (CIP) Administration Division provides design and construction administration for all capital improvement projects including streets, sidewalks, storm drainage, buildings, parks, bicycle and pedestrian improvements, an d other public facilities. The Division ensures that all public imp rovements are designed and constructed in accordance with community expectations and City standards. The Division places safet y of the public, City employees, and workers as the highest priority in the delivery of capital projects.

What is CIP?
A Capital Improvement is something that:
• Enhances the unit of property; or
• Restores or Prolongs the useful life of the unit of property; or • Adapts the unit of property to a new or different use.

Capital Improvements are added to the City’s assets, and maintenance or repairs are deductible costs of operations.

A Capital Improvements project is typically distinguished from a Maintenance project by: (1) outside consultants are needed and/or (2) the implementation budget exceeds +/- $60,000.

What is a Capital Improvements Program (CIP) Project?
The City Work Program (CWP) Projects manifest the Goals and Policies established by the City Council, and thus, the Community.

The CWP guides some of the major efforts of the City for the upcoming fiscal year, ensuring that staff efforts are aligned with those goals. The City Manager’s Office (CMO) directs these projects.

The Capital Improvements Program (CIP) Projects emanate from the need to
improve our City’s Assets , like streets, storm drains, buildings, parks, and trails. Public Works (PW) department directs these projects.

What is the difference between CIP and CWP?
How do we choose the CIP projects?
City Staff are asked to submit Project Proposals to CIP: field staff have the best sense of “what’s broken and needs fixing”, especially critical Health and Safety issues.

We consider the stated Council Priorities about Capital Improvements from direct messaging, CMO directives, and/or Council meeting discussions and Community feedback.

The City’s Master Plans and General Plan have many stated goals and policies that affect the generation of CIP projects. We review the directives found there and from the Commissions’ stated priorities.

We evaluate what is the most Fiscally responsible use of City resources, including staff time and funding. If projects have secured (or could secure) outside funding, that is also considered.

What are the next steps?
Tonight, Council is asked to:
• Comment on the proposed FY22-23 CIP program, and
• Comment on the projects presently listed in the FY23-27 CIP programs
Next Steps:
• May 17 , City Council meeting: Review/Comment on
the Fiscal Year (FY) 2022-23 Proposed Budget
• June 21 , City Council meeting: Fiscal Year (FY) 2022-23 Budget Adoption
Current CIP Projects
Current CIP Projects
CIP Projects 40 active projects: 12 Parks & Rec, 16 Bike/Ped, 5 Streets & Grounds, and 7 Facilities

1. All-Inclusive Play Area (External Funding)

2. Annual Playground Replacement (Multi-year)

3. Blackberry Farm Golf Renovation / Alternative Use Study

4. Blackberry Farm Pool Improvements

5. Citywide [Satellite] Community Garden

6. Full-sized Outdoor Basketball Court (External Funding)

7. Lawrence-Mitty Park - Master Plan

8. Memorial Park – Amphitheater Improvements

9. Memorial Park – Pond Repurposing

10. Memorial Park – Specific Plan Design

11. Park Amenity Improvements (Multi-year)

12. Tree Inventory - Stevens Creek Corridor

13. Bicycle Blvd Interim Improvements, Ph. 2

14. Bicycle Blvd Interim Improvements, Ph. 3

15. Civic Center Parking Analysis

16. Homestead/DeAnza - Construction

17. Homestead/De Anza – Design (External Funding)

18. I-280 Trail - Central Segment (External Funding)

19. I-280 Trail - East Segment (External Funding)

20. McClellan Rd Sep. Bike Corridor, Ph. 3 (External Funding)

21. Regnart Creek Trail Fencing

22. School Walk Audit Implementation (External Funding)

23. Stelling and Alves Crosswalk Installation

24. Stevens Creek Blvd & Bandley Dr. Signal Upgrades (Ext’l Fund)

25. Stevens Creek Blvd Class IV Bikeway Ph. 2 - Design

26. Stevens Creek Blvd Class IV Bikeway Ph. 2A – Construction

27. Stevens Creek Blvd Class IV Bikeway Ph. 2B – Construction (External Funding)

28. Traffic Calming

29. Pumpkin and Fiesta Storm Drain project, Phase 1 and 2

30. Regnart Road Improvements

31. Retaining Wall Repair - Cordova Road

32. Sidewalk Improvements - Orange and Byrne Avenues (External Funding)

33. Street Light Installation - Annual Infill (Multi-year)

34. ADA Improvements (Multi-year)

35. City Hall and Community Hall Improvements (Programming and Feasibility)

36. City Hall Annex (10455 Torre Avenue Improvements)

37. Citywide Building Condition Assessment Implementation

38. Electric Vehicle Parking Expansion (External Funding)

39. Library Expansion Project

40. QCC Multi-Site Sustainable Infrastructure Upgrade (External Funding)
*Green = Parks & Rec *Blue = Bike Ped *Red = Streets & Grounds *Orange = Facilities CIP Projects
20 projects in Design phase, 6 projects in RFQ/RFP, 6 projects in Construction, and 8 projects are Ongoing or Feasibility Studies DESIGN:

1. All-Inclusive Play Area

2. Blackberry Farm Pool Improvements

3. Citywide [Satellite] Community Garden

4. Full-sized Outdoor Basketball Court

5. Lawrence-Mitty Park - Master Plan

6. Memorial Park – Pond Repurposing

7. Bicycle Blvd Interim Improvements Ph. 3

8. Homestead/De Anza – Design

9. I-280 Trail - Central Segment

10. I-280 Trail - East Segment

11. McClellan Road Separated Bike Corridor, Ph. 3

12. Stevens Creek Blvd and Bandley Dr. Signal Upgrades

13. Stevens Creek Blvd Class IV Bikeway, Ph. 2 - Design

14. Stevens Creek Blvd Class IV Bikeway Ph. 2A – Construction

15. Stevens Creek Blvd Class IV Bikeway Ph. 2B – Construction

16. Pumpkin and Fiesta Storm Drain project, Ph. 1 and 2

17. Regnart Road Improvements

18. Retaining Wall Repair - Cordova Road

19. Sidewalk Improvements - Orange and Byrne Avenues

20. Citywide Building Condition Assessment Implementation RFQ/RFP:

1. Memorial Park – Amphitheater Improvements

2. Memorial Park – Specific Plan Design

3. Homestead/DeAnza - Construction

4. City Hall Annex (10455 Torre Ave Improvements)

5. Electric Vehicle Parking Expansion

6. QCC Multi-Site Sustainable Infrastructure Upgrade
CONSTRUCTION:

1. Park Amenity Improvements

2. Annual Playground Replacement

3. Bicycle Blvd Interim Improvements Ph. 2

4. Regnart Creek Trail Fencing

5. Stelling and Alves Crosswalk Installation

6. Library Expansion Project
ONGOING/FEASIBILITY:

1. Blackberry Farm Golf Renovation / Alternative Use Study

2. Tree Inventory - Stevens Creek Corridor

3. Civic Center Parking Analysis

4. School Walk Audit Implementation

5. Traffic Calming

6. Street Light Installation - Annual Infill

7. ADA Improvements

8. City Hall & Comm. Hall Impr (Programming and Feasibility) *Green = Parks & Rec *Blue = Bike Ped *Red = Streets & Grounds *Orange = Facilities CIP Projects 9 completed projects, 6 deferred (on hold) projects DEFERRED PROJECTS:

1. Stevens Creek Corridor Park Chain Master Plan

2. Sports Center Community Needs Analysis

3. I-280 Trail - West Segment

4. McClellan Road Separated Bike Corridor - Byrne
Ave to Imperial Ave, Phase 4

5. Interim City Hall

6. City Bridge Maintenance Repairs
*Green = Parks & Rec *Blue = Bike Ped *Red = Streets & Grounds *Orange = Facilities FY21-22 COMPLETED PROJECTS:

1. Lawrence-Mitty Park – Annexation**

2. Bicycle Wayfinding Signage

3. Bubb Road Separated Bikeway

4. Carmen Road Bridge Right-of-Way

5. Mary Avenue Protected Bikeway

6. Regnart Creek Trail

7. Quinlan Preschool Shade Structure

8. City Lighting LED Transition Assessment

9. Stevens Creek Bank Repair Concept

10. Street Light Replacement – Citywide (Labor)
**Lawrence-Mitty Park – Acquisition was reported Complete last year. However, Annexation was recently completed.

CIP Project Funding
ACTIVE PROJECTS $53,140,762
COMPLETED PROJECTS $5,653,645
DEFERRED PROJECTS $3,242,700
TOTAL FUNDING $62,037,107
TOTAL ACTIVE PROJECTS FUNDING $53,140,762
ACTIVE PARKS & REC PROJECTS $15,813,485
ACTIVE BIKE PED PROJECTS $14,553,535
ACTIVE STREETS & GROUNDS PROJECTS $8,561,834
ACTIVE FACILITIES PROJECTS $14,211,908
*Green = Parks & Rec *Blue = Bike Ped *Red = Streets & Grounds *Orange = Facilities Proposed CIP Projects
Proposed CIP Projects
Multi-Year/Annual CIP Projects

1. ADA Improvements (Annually funded): $95,000

2. Annual Playground Replacement (Year 3 of 5): $300,000

3. Park Amenity Improvements (Year 3 of 5): $200,000

4. Street Light Installation - Annual Infill (Annually funded): $75,000 Additional Funding for Current Projects
Some current CIP projects may require additional funding, due to the increased construction costs. All are pending
construction bids, and expected in Q1 for FY-22-23:
• Citywide [Satellite] Community Garden (FY22-23: Wilson Park) • Regnart Road Improvements
• Full-sized Outdoor Basketball Court (Wilson Park)
• Sidewalk Improvements - Orange & Byrne
Unfunded/Future CIP Projects

1. Bollinger Road Bike Improvements

2. Carmen Road Bridge - Design

3. Carmen Road Bridge - Construction

4. Stevens Creek Blvd Separated
Bikeway, Phase 3 - Design

5. Don Burnett Bridge LED Lighting
Upgrade

6. Memorial Park Softball Field LED
Lighting Upgrade

7. Regnart Road Improvements: Ph. 3 -6

8. ADA 2015 report Update/Dashboard

9. Citywide Building Condition
Assessment Implementation

10. Community Hall Improvements

11. QCC skylight renovation
*Green = Parks & Rec *Blue = Bike Ped *Red = Streets & Grounds *Orange = Facilities

12. Blackberry Farm Bocce Ball Shade
Structure

13. Blackberry Farms Golf Course
Improvements

14. Jollyman Park Dog Off-Leash Area
(DOLA) Pathway

15. Lawrence Mitty Park - Design &
Construction

16. Linda Vista Park Picnic Area Shade
Structure

17. Major Facilities [Results] - Programming
and Design

18. Memorial Park - Design & Construction

19. Portal Park Picnic Area Shade Structure
FY 22-23 CIP Projects
*Green = Parks & Rec *Blue = Bike Ped *Red = Streets & Grounds *Orange = Facilities PROPOSED PROJECTS:

1. Blackberry Farms Pools Splash Pad

2. Jollyman All-Inclusive Play Area: Adult-Assistive Bathroom Facilities

3. Major Recreation Facilities: Use and Market Analysis

4. De Anza Boulevard Buffered Bike Lanes

5. City Lighting LED improvements

6. City Hall Renovation/Replacement and Library Parking Garage: Design and Construction

7. Stocklmeir, Byrne and Blesch: Inspection Reports and Analysis Blackberry Farm Pools Splash Pad
Proposed Budget: $500,000
Proposed Scope:

Design and construct a splash pad to
replace the slide feature at the Blackberry
Farm Pools.

Jollyman All-Inclusive Play Area: Adult-Assistive
Bathroom Facilities
© exeloo.com
Proposed Budget: $850,000
Proposed Scope:

Design and construct a new adult-
assistive bathroom facility adjacent to
the All-Inclusive Play Area.

Major Recreation Facilities: Use & Market Analysis
Proposed Budget: $350,000
Proposed Scope:

Commission a report to study possible
locations for new major facilities: Aquatic,
Fine Arts/ Performance and/or Recreation
Facilities. Existing recreational and arts
facilities will be reviewed, and a
recommendation based on need, available
locations, and financial investments
required. The Market Analysis and Business
Plan will be the first phase in the potential
development of additional recreation
facilities in the City.

De Anza Blvd Buffered Bike Lanes
Proposed Budget: $525,000
Proposed Scope:

Restripe De Anza Blvd to include a painted
buffered zone between the existing bike
lane and the vehicle lanes.
© Google
City Lighting - LED Improvements
Proposed Budget: $1,300,000
Proposed Scope:

Implement the transition of the City's
streetlight infrastructure from induction
and other fixtures to LED fixtures, to
meet the "Dark Sky" Ordinance
requirements and to reduce light
pollution and energy costs.
© Google

Stocklmeir, Byrne and Blesch: Inspection Reports and
Analysis
Proposed Budget: $50,000
Proposed Scope:

Instigate property inspection reports and
work with outside consultants to develop
initial use and business strategies appropriate
for the three residential properties owned by
the City.

City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction
Proposed Budget: $4,000,000
Proposed Scope:

Design and Construction of the City Hall and
Library Parking Garage project. The City Hall
scope which includes structural upgrades,
renovation of mechanical/electrical and life-
safety infrastructure, improvements to
workplace and accessibility, and purposeful
construction of the emergency operations
center (EOC). The Library Parking garage will
be a 3-story above-ground structure in the SE
corner of the existing parking lot.

For FY22-23 funding/scoping, we propose
initiation of the Design and Management
Consultant services only.

City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction
Council Review of Civic Center Projects
 December 2012: Analysis of City Hall presented to Council as part of the Civic Center Master Plan
 July 2015: Civic Center Master Plan presented to Council, including City Hall Renovation/Replacement
 December 2015: Report presented to Council indicating that City Hall Renovation/ Replacement project would exceed $40M.
 February 2018: Civic Center Master Plan revisited; City Hall project was not supported by Council. Alternatively, Library Expansion Project was approved and subsequently funded in October 2018.
 May 2021: Council approved funding for Torre Avenue/City Hall Annex project & City Hall Feasibility Study.

City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction
 Critical life safety issues and the need for operational continuity in the event of an earthquake make this the top CIP priority recommendation  Seismic and other issues have been documented in multiple reports provided to the City Council in 2011, 2012, 2014 and 2021  2021 structural analysis : “Based on a review of the existing design…..the current building is very vulnerable to seismic damage…The building relies on concrete shear walls for lateral load and resistance and a combination of concrete walls and isolated concrete columns to support gravity load. These elements do not have sufficient ductility to resist seismic lateral displacements without sustaining significant damage.

Damage to these critical gravity load-resisting elements could result in collapse of the roof structure. The life safety and economic risk could be substantial.” Building Condition / Status
Existing Building 24,140 SF
City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction
Cost & Scope Scenarios

SEISMIC

ADA/ACCESSIBILITY

MECH, ELECT, PLUMBING & IT

PROGRAMMING (INTERIOR)
FUTURE-PROOFING / + STORY

PARKING
SEISMIC RETROFIT … triggers Full Accessibility for the building City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction
$7M

SEISMIC

ADA/ACCESSIBILITY

MECH, ELECT, PLUMBING & IT

PROGRAMMING (INTERIOR)
FUTURE-PROOFING / + STORY

PARKING
Cost & Scope Scenarios
City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction
$11M

SEISMIC

ADA/ACCESSIBILITY

MECH, ELECT, PLUMBING & IT

PROGRAMMING (INTERIOR)
FUTURE-PROOFING / + STORY

PARKING
SEISMIC + ACCESSIBILITY
Cost & Scope Scenarios
City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction

SEISMIC

ADA/ACCESSIBILITY

MECH, ELECT, PLUMBING & IT

PROGRAMMING
FUTURE-PROOFING / + STORY

PARKING
$21M
SEISMIC + ACCESSIBILITY + MEP
Cost & Scope Scenarios

City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction

SEISMIC

ADA/ACCESSIBILITY

MECH, ELECT, PLUMBING & IT

PROGRAMMING (INTERIOR)
FUTURE-PROOFING / + STORY

PARKING
$28M
SEISMIC + ACCESSIBILITY + MEP + INTERIOR/PROGRAMMING
Cost & Scope Scenarios
City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction

SEISMIC

ADA/ACCESSIBILITY

MECH, ELECT, PLUMBING & IT

PROGRAMMING (INTERIOR)
FUTURE-PROOFING / + STORY

PARKING
$48M
SEISMIC + ACCESSIBILITY + MEP + INTERIOR/PROGRAMMING + STORY Cost & Scope Scenarios
City Hall Renovation / Replacement and
Library Parking Garage: Design & Construction

SEISMIC

ADA/ACCESSIBILITY

MECH, ELECT, PLUMBING & IT

PROGRAMMING (INTERIOR)
FUTURE-PROOFING / + STORY

PARKING
$79.6M
SEISMIC + ACCESSIBILITY + MEP + INTERIOR/PROGRAMMING + STORY + PARKING Cost & Scope Scenarios
FY 22-23 CIP Projects
*Green = Parks & Rec *Blue = Bike Ped *Red = Streets & Grounds *Orange = Facilities PROPOSED PROJECTS:

1. Blackberry Farms Pools Splash Pad

2. Jollyman All-Inclusive Play Area: Adult-Assistive Bathroom Facilities

3. Major Recreation Facilities: Use and Market Analysis

4. De Anza Boulevard Buffered Bike Lanes

5. City Lighting LED improvements

6. City Hall Renovation/Replacement and Library Parking Garage: Design and Construction

7. Stocklmeir, Byrne and Blesch: Inspection Reports and Analysis Thank You!
CC 05-03-2022

Item No. 10

FY 22-23 Funding
Allocations

Presentation
Kerri Heusler, Housing Manager
May 3, 2022
FY 2022-23 City Housing & Human
Services Grants Program
Funding Allocations
CC 05-03-2022 Item No. 10
Timeline
Nov 10, 2021 Annual Notice of Funding
Availability (NOFA) / Request for
Proposals(RFP) issued
Feb 9, 2022 NOFA/RFP deadline
Apr 14, 2022 Housing Commission meeting
May 3, 2022 City Council meeting
Funding Sources
Capital Housing Projects:

1. Community Development Block
Grant (CDBG)

2. Below Market Rate (BMR) Affordable
Housing Fund (AHF)

1. CDBG FY 22-23 Budget
FY 22-23 Estimated CDBG Budget
Entitlement Amount $427,146.30
Program Income FY 20-21 $7,944.00
Sub-Total $435,090.30
Program Administration (20%) $87,018.06
Public Service (15%) $65,263.55
Capital/Housing Projects (65%) $282,808.70
Total $435,090.30

1. CDBG Capital Housing Funds
FY 22-23 Application Summary Funding Recommendations
Rebuilding Together Silicon
Valley- Repair and Accessibility
Modification Program for Low-
Income Homeowners
$88,966
WVCS Community Services -
Vista Village
Not recommended pending
resolution of HUD audit
Sub-Total $88,966

2. BMR AHF Capital Housing
Funds
• $6,000,000 current balance
• Notified 300+ contacts on the
City’s affordable housing and
developer list
• The City did not receive any
applications for FY 22-23
Reporting and Monitoring
● Ongoing Technical Assistance
● Quarterly / Annual Reports
● CDBG Compliance
Next Steps
● Authorize the City Manager to execute FY
2022-23 CDBG and BMR AHF funding
agreements
CC 05-03-2022

Item No. 23

FY 2022-23 Fee Schedule
Update

Presentation
City Council Regular Meeting
FY 2022-23 Fee Schedule
Update
May 3, 2022
CC 05-03-2022 Item No. 23
• What is a Fee?
• Fees for City Services
• Fee Development
• New Fees
• Fiscal Impact
• Recommendation
Agenda
User Fee
A fee or rate charged to an individual or
group that receives a private benefit from
services provided by the City.

What is a Fee?
Fees for City Services
Fee Schedule Description
Schedule A - General Fees Miscellaneous fees not associated with one department(abatement fees, false alarms, PRA
request, etc.)
Schedule B - Engineering Fees Public Works – Engineering:

Design and Inspection Services
Schedule C - Planning Fees Community Development – Planning:

Current, Mid, and Long-Term Planning
Schedule D - Building Fees Community Development – Building:

General Building, Construction Plan Check,
and Building Code Enforcement
Schedule E - Parks & Recreation Fees Parks & Recreation Services Fees are market driven
Consumer Price
Index (CPI)
Construction Cost
Index (CCI)
Labor Cost

5.2% 9.8% 1.0%
Fee Development
Fee Development
Fiscal Year Schedule A –
General Fees
Schedule B –
Engineering Fees
Schedule C –
Planning Fees
Schedule D –
Building Fees
2022-23
(proposed) 5.2% CPI 9.8% CCI

1.0% Labor

5.2% CPI

1.0% Labor 1.0% Labor
2021-22 1.6% CPI 2.5% CCI

5.7% Labor

1.6% CPI

5.7% Labor 5.7% Labor
2020-21 2.9% CPI 6.3% CCI

17.3% Labor 17.3% Labor 17.3% Labor
2019-20 3.5% CPI 1.0% CCI

4.0% Labor 4.0% Labor 4.0% Labor
2018-19 3.6% CPI 3.5% CCI

4.1% Labor 4.1% Labor 4.1% Labor
2017-18 3.4% CPI 11.2% Labor 11.2% Labor 11.2% Labor
2016-17 Varied and comprehensive changes due to Fee Study.

New Fees
Animal Establishment Permit
• Private Kennel: $317.70
• Pet Shop: $317.70
• Grooming Business: $317.70
• Horse Establishment: $317.70
Schedule A – General Fees
No new fees
Park Land Dedication In‐Lieu Fees
• Remain at FY 2021-22 rates
• The Public Works Department is continuing
to evaluate fees for FY 2022-23
Schedule B – Engineering Fees
No new fees
Schedule C – Planning Fees
Antenna/Telecom Facility
• Cellular/Mobile Phone, alterations to
existing facility: $446
Schedule D – Building Fees
Quinlan Community Center
• Craft Room
Monta Vista Recreation Center/Creekside
Park Building/Wilson Park Building
• Monta Vista Kitchen and Room 5
Schedule E – Parks & Recreation Fees
Senior Center
• $7 Flex Pass replaced with Drop-In Rate
Sports Field Fees
• Field Attendant fee from $17 to $18
• Picnic area rental fees for Creekside Park:
$80 for residents, $109 for non-residents
Schedule E – Parks & Recreation Fees (Cont.)
Sports Field Fees
• Increasing to 100% of recommendation
Park Special Events Permits
• Civic Center Plaza: $1,000 per event day
Schedule E – Parks & Recreation Fees (Cont.)
Fiscal Impact
Fee Schedule Additional Revenue Factor and Basis
Schedule A – General Fees $4,872 5.2% CPI
Schedule B – Engineering Fees $17,628 9.8% CCI,

1.0% Labor
Schedule C – Planning Fees $9,536 5.2% CPI,

1.0% Labor
Schedule D – Building Fees $42,626 1.0% Labor
Schedule E – Parks & Recreation
Fees
General Fund:
$18,000,
Enterprise Funds:
$158,000
Primarily market
driven
Recommendation
Adopt Resolution No. 22 -XXX approving FY 2022 -23
Fee Schedules A, B, C, D, and E effective July 2,
2022.

CC 05-03-2022

Item No. 24

Single-Use Plastics
First Reading

Presentation
May 3, 2022
Ursula Syrova, Environmental Programs Manager
Single-Use Plastics Ordinance
First Reading
CC 05-03-2022 Item No. 24
• 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 05-03-2022

Item No. 25

Economic Development
Committee

Presentation
May 3, 2022
Economic Development Committee
CC 05-03-2022 Item No. 25
• Economic Development Committee (EDC) has met
informally.
• Council requested staff to amend the Muni Code to
codify the EDC as part of the City Work Program.
• At the February 15, 2022 meeting, Council provided
direction to staff:
• Membership comprised of two members of the
City Council and three members from the community
representing retail, hospitality, and the technology
industry.

Background
Discuss items of importance pertinent to local
businesses and to provide feedback to staff on
business related City initiatives or projects.

EDC Historical Purpose
Provide expertise and guidance on policy related to economic development, and actively promote Cupertino as a location of choice for current and prospective businesses by:

1. Making recommendations to City Council on a broad range of strategic matters broadly applicable to the City’s economic development goals;

2. Serving as an ambassador to shed a positive light on the City by sharing economic development resources and information to prospective businesses and stakeholders, thus positioning the City as a location of choice; and

3. Encouraging public/private partnerships to further the City’s economic development goals by identifying potential resources.

Proposed EDC Purpose
Five (5) members including elected officials and industry sector representatives:

1. City Councilmember

2. City Councilmember

3. Technology Sector Representative

4. Retail/Small Business Representative

5. Hospitality/Tourism Sector Representative
Proposed EDC Membership

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.

Recommendation
Questions?
CC 05-03-2022

Item No. 26

Accounts Payable Report
Ending
December 20, 2021

Presentation
May 03, 2022
Accounts Payable Report Ending
December 20, 2021
CC 05-03-2022 Item No. 26
On March 15, 2022, City Council considered the
Accounts Payable report ending December 20,
2021 and directed staff to provide a report on all
payments made by the City to the Cupertino
Chamber of Commerce since 2015.

Background
Payments and support provided to the Chamber
are broken down by the following three
categories:

1. Payments

2. Festivals

3. Meeting Space
Analysis
The City has paid the Chamber a total of $218,197.91 for the period from January 2015 to March 2022.

1. Payments
Fiscal Year Payment Amount
FY 14-15
(Starting January 1, 2015) $10,425.00
FY 15-16 $20,485.00
FY 16-17 $25,215.00
FY 17-18 $22,445.00
FY 18-19 $50,720.47
FY 19-20 $51,904.31
FY 20-21 $27,503.13
FY 21-22
(As of March 1, 2022) $9,500
TOTAL $218,197.91
Amounts shown in table below represent what was approved by Council to support Chamber festivals which add up to $91,396.64.

2. Festivals
Fiscal Year Fees Waived Cost to the City
FY 15-16 $4,212.25 $1,320.07
FY 16-17 $4,212.25 $1,320.07
FY 17-18 $12,159 $4.819
FY 18-19 $15,069 $6,135
FY 19-20 $15,451 $3,816
FY 20-21* N/A N/A
FY 21-22 $15,111 $7,770
TOTALS $66,214.50 $25,180.14
GRAND TOTAL: $91,396.64 * All festivals were cancelled in FY 20-21 Year Stated Purpose Fee if Booked as Non-Profit
2015 City/Chamber event (1 meeting) $270
2016 City/Chamber event, LAC (6 meetings) $375
2017 LAC (11 meetings) $495
2018 LAC (7 meetings) $315
2019 LAC (11 meetings) $495
2020 LAC (2 meetings) $90
2021 N/A $0
2022 N/A $0
TOTAL $2,040

3. Meeting Space
Chamber did not pay fees for meeting space where reservations were made by City staff. The amounts shown in table below represent the non-profit rate if applied for use of city-owned facilities. • Originally intended to serve as a state-of-the-art digital portal for visitors and the community to support small businesses
• Program to date has been significantly underutilized
• Staff recommendation is to significantly revamp the current model to:
― Expand focus to market citywide businesses
― Explore in-house or alternate operation and maintenance models
― Structure the gift card program to generate real-time revenue for small businesses
I Love Cupertino Program
Fiscal Year Cost
FY 17-18 $30,215
‐ Logo concept and design ($1,000)
‐ Website hosting ($1,081.85)
‐ Database subscription ($1,383.62)
‐ Domains, Project Conceptualization, Building content for social media, Facebook pages, Website design and layout ($5,000)
‐ Website concept, design, layout, deployment ($21,750) FY 18-19 $25,175
‐ Data subscription ($2,175)
‐ Website hosting ($1,700)
‐ Website & Maintenance ($21,300)
FY 19-20 $5,557
- Data subscription ($593)
‐ Website hosting ($464)
‐ Website Maintenance ($4,500)
FY 20-21 $4,224
‐ Member management subscription for business directory ($352/month) FY 21-22 $0
Total $65,170
I Love Cupertino Cost
Next Steps
Pending Council direction, staff can negotiate a future scope of work with the Chamber that will delineate the
terms of engagement, including:
• Reporting requirements
• Outlining proper payments for meeting space at City
facilities
• Setting parameters around City staff time to be utilized only when aligned with City priorities and related
activities
Receive report and adopt Resolution No. 22-015
accepting Accounts Payable for the period
ending December 20, 2021.

Recommendation
Questions?

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