CC 09-06-2022
Written
Communications
Oral
Communications
From: Peggy Griffin
To: Piu Ghosh (she/her); Luke Connolly
Cc: City Council; City of Cupertino Planning Commission; HousingCommission; City Clerk Subject: REQUEST: HE Sites...Start with the west side of town Date: Tuesday, September 6, 2022 1:44:10 PM
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Dear Piu and Luke,
In all the Housing Element site selection meetings you and the consultant always start with the east side of town. Residents have repeatedly asked that you mix it up and start with the west side but nobody listens.
REQUEST: Please, at the next HE meeting regarding sites, please start on the west side and work east.
This matters because these are lengthy meetings and input varies based on how long the meeting goes. It also changes perspective after seeing the west first or the east first. Residents from the west wanting to speak on sites have to always wait hours. This is not fair. Mix it up. Start from the west and move east next time. Thank you.
Sincerely,
Peggy Griffin
From: Grantis Peranda
To: City Clerk
Subject: We need a more ambitious housing element
Date: Tuesday, September 6, 2022 2:47:06 PM
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City Clerk Kirsten Squarcia,
This is for the Cupertino City Council, staff, and consultants:
I am writing today regarding the updated site inventory. There are some key changes that I urge you to consider. I am overall concerned that Cupertino will receive similar criticism from California HCD because we are similarly overcounting pipeline projects as in the case of San Francisco https://www.sfchronicle.com/sf/article/housing-California-construction-17368517.php San Francisco is depending on a number of pipeline projects that they have been unable to substantiate as being likely to get developed.
To ensure we do not end up repeating the mistakes of San Francisco and subsequently getting our city into further legal trouble, we should commit to the following:
1) Reduce reliance on Pipeline Projects.
Reliance on pipeline projects, such as The Rise (Vallco) and the Hamptons, introduces risk of missing production goals and displacement of current residents. The Rise will not likely be completed in eight years, so more alternative sites are needed. Development of the Hamptons may displace hundreds of individuals and families, and has not started even though it was approved in 2016.
Please direct staff to provide an explanation for the assumption that the Rise will be complete within eight years, and a housing feasibility study for the Hamptons site. Furthermore, please direct staff to find additional, back-up sites for both these projects in the event that site development cannot begin or be completed within the 8-year period of the Housing Element. 2) Recommend a larger buffer of housing units.
The current buffer is too low to meet the HCD requirements, and may invoke parts of the “No Net Loss Law”. The buffer could be expanded by increasing higher permissible densities on key sites, or by including more sites. The Housing Element itself could also include an alternate set of back-up sites to provide more certainty that our Housing Element is certified, and that our housing production goals are actually accomplished.
3) Reconsider upzoning as a policy tool.
The City’s policy priorities should focus on feasibility so that the City can actually produce much-needed homes at all income levels.
Policies from Staff Report June 28, page 2:
“Housing sites should be dispersed throughout the City and strive for a balance between eastern and western areas” and
“the Housing Element should avoid ‘up-zoning’ sites to the extent feasible” are opposed to each other. The city does not currently include many sites zoned for multi- family buildings, therefore the City cannot disperse new housing throughout the city without up- zoning. The City should still consider upzoning as an important tool for building affordable housing. Concerns about building bulk and aesthetics can be addressed through other policies.
4.) Prioritize sites in the Heart of the City.
The City should focus its efforts on building homes in the Heart of the City. By building more homes along transit corridors and near places people work, play, and shop, the City can encourage more people to take transit and reduce traffic congestion. There are several Heart of the City Specific Plan areas that have 0 (zero) sites on the proposed site inventory. There are several Heart of the City areas on the western and eastern sides of the city to help maintain a balance of sites. Please add more sites inside the Heart of the City.
5.) Avoid unnecessary displacement projects.
The current site inventory proposes sites with existing homes. Going forward with redevelopment of these sites would displace these residents. Some of these projects would not even generate a significant number of net new units. The City should avoid displacement projects if there are more reasonable alternatives for building net new homes.
Please continue your work for a sustainable plan that will provide housing for all incomes and abilities, and that will further fair housing practices.
Grantis Peranda
[email protected]
1625 Scenic Dr #21
Modesto, California 95355
From: Munisekar
To: Darcy Paul; City Clerk; City Council; Cupertino City Manager"s Office Cc: Munisekaran Madhdhipatla
Subject: Oral Communications 9/6/2022
Date: Tuesday, September 6, 2022 7:07:44 PM
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Here is my speech delivered today during Oral Communications.
Good evening Mayor & Council Members.
My name is Muni Madhdhipatla, a long-time resident of Cupertino and serving on the Planning Commission. I am here speaking for myself as a private resident of Cupertino; not representing any organization or a position I hold.
As you may know, October of every year is celebrated as “Hindu Heritage Month” around the globe. Many governments around the globe, at city, state and country level proclaim it as such.
You may also be aware of racist anti-Hindu attacks on the Indian community in our country similar to anti-Asian attacks seen recently.
I believe the local Chapter of Hindu American Foundation (HAF) has reached out to our city in the past as well as recently for such a proclamation. As you know, our city celebrates Hindu festivals such as Holi & Diwali every year; we are very thankful for that as it gives us a sense of belonging and acceptance in our adopted country and gives an opportunity for our kids to celebrate their rich heritage.
Given the amount of contributions of Indian-Americans to our community & city, I request you to proclaim October as Hindu Heritage Month.
Thank you.
Muni Madhdhipatla
Cupertino Resident
From: WAI Team
To: City Clerk
Subject: Public Comment
Date: Tuesday, September 6, 2022 5:15:35 PM
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Hello!
We are WAI, Wildfire Awareness Initiative, a youth-led 501c3 nonprofit. We would like to speak during oral communications.
Would it be possible to include our presentation?
https://docs.google.com/presentation/d/1fq2QsPhwzJXLRRk0GigCZbF6gYNigiGJlyNjtbevaa4/edit#slide=id.g150ffed7dea_0_53 Thanks,
WAI
WAI
THE PROBLEM OF WILDFIRES
Wildfire Awareness Initiative
01 WHO WE ARE
Certified 501c3 nonprofit in the Bay Area
ACCOMPLISHMENTS
PRESENTED FOR BOY
SCOUTS
Covered important
camping tips and wildfire
preparedness
WORKED WITH OUR
SCHOOL
Presented at the school’s
Environmental Club
during the Earth Day Fair
STEM CONVENTION
Worked with the Santa
Clara Youth Commission
on their sustainable tech
convention
ACCOMPLISHMENTS (cont.)
VOLUNTEERED WITH
SCCFD
Organized 400 disaster
kits for local elementary
schools
PRESENTED AT
CUPERTINO FORUM
Invited to cover
information on the
wildfire threat at the
Cupertino Library
WEBINARS WITH
SCCFD
Hosted online webinars
with guest speakers from
SCCFD followed by fun
Kahoots
ACCOMPLISHMENTS (cont.)
FUNDRAISER WITH
PANDA EXPRESS
Raised over 900 dollars
with Panda Express
EDUCATED ELEMENTARY
SCHOOLS
Sent out fun Kahoots to
local CUSDK8 elementary
schools after presenting
to the CUSD Board
RECORDED A PODCAST ON
WILDFIRES
Collaborated with another
youth-led initiative to
record a 40-minute
podcast on wildfires
02 THE PROBLEM
2.5 MILLION ACRES
OF LAND BURNED IN 2021
IN CALIFORNIA
2 MILLION FOOTBALL FIELDS
3.2 RHODE ISLANDS
HOW DID THIS HAPPEN?
Note: Mainly
human caused!
CAUSES
10 Years
and 10 Most
Devastating
Wildfires
DRIVING FACTOR: CLIMATE CHANGE
HIGHER
TEMPERATURES
Greenhouse
gases trap heat
in the Earth’s
atmosphere
FREQUENT
DROUGHTS
Less snowfall in
the Sierra and
mountains
DRY
VEGETATION
Plants lack
moisture due to
a lack of water
MUCH MORE
FUEL
Dry vegetation
is perfect for
wildfires.
HIGH SPEED
WINDS
Wind spreads
wildfire embers
farther and
faster
LAKE TAHOE
LAKE TAHOE.
NEGATIVE IMPACTS
Drastically changes the
terrain and vegetation
Pollutes water, soil, and the
atmosphere
WILDLIFE
Causes loss of local heritage
with very high restoration
costs
ENVIRONMENT
NATURAL RESOURCES
Drives many species to
extinction and depletes their
habitat; reduces biodiversity
INFRASTRUCTURE
NEGATIVE IMPACTS (cont.)
ECONOMY & HEALTH
● Destroys farmers’ crops and livelihoods
● Creates unaffordable restoration costs for
● Puts people with respiratory infections at risk
● Creates areas to be prone to other disasters
NEGATIVE IMPACTS (cont.)
MINORITIES
● Black, Hispanic, and Native American are 6 times
more likely to live in wildfire-prone areas
● Many communities resources to evacuate safely
● Language barriers make it hard for relief workers
to pass on preparedness information and resources
03 PREVENTION
AND PREPARING
Educate the
Community
MAKE YOUR HOME FIREPROOF
Remove dead
foliage such as tree
branches
ZONE 1: 0-5 FT
Trim trees and
remove dead plant
matter
ZONE 2: 5-30 FT
Trim grass and
unblock
emergency paths
ZONE 3: 30-100 FT
Zones are areas around your house
PREVENTION
DISASTER BAGS
WATER + FOOD
FLASHLIGHT
FIRST AID KIT
BATTERIES
SLEEPING BAG
GARBAGE BAG
CASH + DOCUMENTS
SANITIZER
MASK
CLOTHING
MATCHES
Check ready.gov for a full list
PREPARING
STAY ALERTED
RADIO
Listen for local red
flag warnings (high
chance of wildfires)
AMBER ALERTS
Take notice of any
local evacuation
orders
SOCIAL MEDIA
Follow us at
@waiforchange
ALERTSCC
Check for updates on the
alertscc.org website
under your city
Wildfire Season: Late May to Late November
DURING
04 WHAT SHOULD
BE DONE
EDUCATE THE COMMUNITY
Cover important
info on home
hardening,
emergency bags,
and preparedness
EMAILS/FLYERS
Schedule a day for
volunteering to
clean dead plant
matter around the
community
IN-PERSON EVENTS
Stress the
importance of
preparing with
statistics and
predictions
ENCOURAGE
Through online and in person events
CREDITS: This presentation template was
created by Slidesgo, including icons by
Flaticon, infographics & images by Freepik
and illustrations by Stories
Thanks!
[email protected]
@waiforchange
on Instagram
Do you have any questions?
Please keep this slide for attribution
SPONSORED BY
Public Comments to Cupertino City Council
about
Blackberry Farm Golf vs. Natural Habitat
9/6/22
Friends of Blackberry Farm Golf
Contacts: Rhoda Fry through Next Doorhttps://nextdoor.com/city/cupertino--ca/ Don Halsey 650 996 3021 or [email protected]
Environmental aspects
• Concern about homeless raised at public meeting at BBF in mid July • Concern reiterated in 7/18 email to City Council
• Under Natural
Habitat, the
width of the
wild space will
increase from
avg of 130 feet
to 423 feet.
• “What if”: Los Lagos golf
course in San Jose
• Golf course straddles Coyote
Creek.
• Where the creek borders the golf
course, the riparian width runs
about 150 to 490 feet
• Close up
• Close up
• Public health
concerns
• Trash
• Human waste
disposal
• Disease vectors
• Drug use
• Fire hazard
Coyote Creek also runs along the
Southwest side of San Jose Muni
Golf Course.
Riparian widths: Red avg
298’, Blue avg 160’
Detail view of
three E sites.
Satellite photo
does not reveal
encampments
where width is
narrow.
Markers = homeless
encampments
“What if” #2: San Jose
Municipal Golf Course
Quick overview of Costs and Revenue
https://engagecupertino.org/bbfgolfcourse
But golf course makes a LOT more revenue.
Golf course costs the city more!
Altogether, golf courseis $2
million more favorable
Opportunity to increase
golf course revenue
Other nearby 9 hole courses charge at least 20% more than Blackberry Farm Pruneridge
Deep Cliff
28% more
22%
44%
Table from Blackberry
Farm Feasibility Study
• https://engagecupertino.org/bbfgolfcourse
• Sunken Gardens: 28% premium
• Pruneridge: 22% premium
• Deep Cliff: 44% premium
• If estimated revenue was increased 25% it
would grow by $2,344 656 to $11,723,280.
• City could give the $2.3 M extra to
Cupertino teachers
• Or give a number of free season passes to
Monta Vista HS golf team
• Or some other good purpose.
Another opportunity: Education
• $500 K revenue under the Natural Habitat
option
• $20 K / year x 25 years
• A variety of ranger programs in classroom
or on the trail
• how different plants and animals interact in
an ecosystem …
• how ancient people lived off the land …
• how geologic processes have shaped the
landscape …
• ranger walks and interpretive programs …
• animals and plants on the trail, the creeks,
etc.
Examples of courses and venues
(Parks and Recreation brochure, Fall 2022)
• Q: is the $500K of courses duplicative to
courses already being offered? Perhaps.
• Q: Is the plowing up the fairways and greens
required in order to give courses? No.
• A: Offer the new courses whether or not there
is golf.
• Add $500K to Alternative A side of the table
also.
Blackberry Farm is
Cupertino’s best location for
kids to get exposed to golf
Blackberry Farm golf – a family-oriented activity in Cupertino • Youth On Course foundation
• Since 2018, YOC has subsidized more
than 7,600 rounds of golf at Blackberry
Farm for community youth.
• Those 7,600 rounds equate to tens of
thousands of hours of physical activity,
lifeskill development, and recreation
that would go away if the course was
closed.
• Nearly 2,500 of those rounds were in
2021.
• There are few other options available
for kids and their families to play golf
in and around the local area. Add
statistics for BBF by itself
Availability of short / 9-hole courses
Opportunity to decrease
golf course irrigation cost
This section under development
• Old tank, dating to late 1950s, 25,000 gallons
• Old tank served BBF from 1962 – 2001
• Consultant report analyzes replacing corroded old water tank. • New tank – 30,000 gallons, $750K for tank + 20’ support structure • Annual savings from well water instead of city water $9,900 per consultant report
• New 30,000 gallon tank pricing: $28,620 (extrapolated from National Tank 20K gallon pricing.)
• Q: is water used by the picnic area accounted for separately? CC 09-06-2022
Written
Communications
Item No. 16
Single-Use Plastic
Foodware
From: Katie Hansen
To: City Council
Subject: Agenda Item #16: CRA Comment Letter
Date: Friday, September 2, 2022 2:05:37 PM
Attachments: image001.png
Cupertino Proposed Restaurant Mandates Final.pdf
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Greetings Mayor and Councilmembers,
On behalf of the California Restaurant Association, I would like to respectfully submit a comment letter regarding Item 16 on the September 9, 2022 City Council meeting agenda.
Please feel free to let me know if you have any questions.
Thank you,
Katie Hansen
Katie Hansen
Senior Legislative Director
California Restaurant Association
621 Capitol Mall, Suite 2000
Sacramento, CA 95814
T: 800.765.4842/ 916.431.2773
F: 916.447.6182
E: [email protected]
www.calrest.org
We’re here for you.
Visit our website for all you need to know about COVID-19.
While all information released by the California Restaurant Association (CRA) is intended to provide accurate information on the subject covered, the CRA does not provide legal advice and any information provided by the CRA shall not constitute legal advice. You are encouraged to consult your attorney, accountant, or other appropriate professional, as needed.
Confidentiality note:
This electronic message transmission contains information from the California Restaurant Association which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above.
If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.
If you have received this electronic transmission in error, please immediately notify us by telephone at 800.765.4842.
September 2, 2022
Mayor Paul and Cupertino City Councilmembers
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
RE: Agenda Item #16: Ordinance regulating single use plastic food ware and carryout bags.
Dear Mayor Paul, Vice-Mayor Chao, and Councilmembers,
The California Restaurant Association provided detailed comment on the proposed ordinance in April regarding the functional impacts the proposal would have upon restaurants. While we appreciate the spirit in which you are considering policies to reduce single-use food service waste, we do have remaining concerns regarding the impacts of the proposed ordinance on the everyday operation of our member restaurants.
Alignment with AB 1276, Napkins and Fines
The California Restaurant Association (CRA) worked with Assemblymember Wendy Carrillo to create AB 1276, a statewide model to ensure single use accessories are not automatically distributed to guests. The AB 1276 model creates an “opt in” requirement for guests to receive single-use food accessories from restaurants or third-party delivery platforms.
Compliance options include self-service receptacles, direct guest request or upon offer by the restaurant in drive thru settings only. The new law will go a long way in increasing awareness of unnecessary singl e use product distribution, while also recognizing a one-size-fits-all approach does not work for guests or varying restaurant models. For instance, the law allows for sensible exceptions to the “upon request” model for restaurants to proactively give a guest a napkin with their food in a drive thru setting. Sensible, and important for health and safety reasons.
We recommend aligning the proposal before you with AB 1276, to allow restaurants to include napkins with drive thru orders to ensure ease in compliance.
The proposed ordinance has administrative citation fines that differ from AB 1276. Is it appropriate to issue a fine of $100 to $500 to a restaurant for handing out a napkin as part of a drive thru order without first offering it to the guest?
We recommend revising the proposal to align it with the enforcement provisions of AB 1276 which require a notice of violation for the first and second violation followed by a fine of $25 for each day in violation afterwards, not to exceed $300 annually.
We would also respectfully ask that you not go beyond this law at this time . Aligning with AB 1276 would move the spirit of our collective concern about unnecessary use of single-use products forward in a major way and be a very substantive next step for the City.
New Mandates for On-Site Dining
We are strongly opposed to any potential ban on disposable food ware for all on -site dining.
It is important to note that the legislature rejected provisions of AB 1276 that would have required these same neighborhood restaurants to only use reusable dishware for onsite dining in a clear recognition of the challenges that would bring to these restaurants.
We believe this ordinance could result in unintended environmental impacts. Presu mably, with increased use of reusable food service ware we would then see an increase in other utility usage and associated costs. Since reusable food service ware must be cleaned and sanitized, this results in increased water and energy usage.
Restaurants typically do not own their commercial space- and therefore are extremely limited in their ability to change their physical “footprint.” For those smaller restaurants who currently don’t possess dishwashing machines or are unable to add additional machines, or can’t physically accommodate them due to space limitations, this dramatic business operation change will force restaurants to hire additional labor to meet the increased workload (of additional dishwashing) resulting from this mandate. This not only adds significant new labor costs to struggling restaurants but comes at a time when all industries- and restaurants in particular- continue to face a general labor shortage.
It is important to note, again, that square footage of established buildings is extremely limited and unchangeable, as most restaurants are located on properties they do not own and therefore are limited in expanding or altering their physical “footprint”. Many restaurants will be forced to buy and install dishwashing appliances in th eir kitchen to accommodate the dine-in reusable requirements, which will be an extremely expensive task and a near impossible one for many due to physical space constraints. Restaurant models of all types will also have to grapple with the storage of these dishware items as well, in physical commercial spaces that did not contemplate this new mandate.
Proposing a September 6, 2023, enforcement date for this proposed Ordinance is well appreciated for the other provisions of the Ordinance, however this does not change the issues raised above as it relates to forcing restaurants to alter their service models so significantly by requiring all reusable food service ware for onsite dining.
We appreciate the inclusion of an exemption or time extension under 9.15. 120 in the proposed ordinance, however an exemption that is only good for up to 6 months is not enough to resolve the inability for some restaurants to comply with this section of the proposed ordinance. Some of these issues like not being able to control your physical footprint cannot be addressed with time alone.
Limiting Supply
Supply chain issues are impacting restaurants too, especially as it relates to available packaging products. Limiting the food service packaging product options neighborhood restaurants can use to safely serve their guests at this time will only exacerbate these challenges.
We object to product bans on certain recyclable and compostable products as the various materials of packaging play different roles in the service of food to our guests. In many instances switching to alternative take -out containers that are less structurally effective will compromise the quality of the food and service. Soups and other hot meals will cause alternative containers to breakdown, become soggy and become a potential safety hazard for our guests.
The proposed product bans for restaurants will not only limit available options for take-out containers but will add unnecessary pressure to those restaurants that have been challenged with supply issues as the pandemic has greatly impacted the supply chain of all goods. The cost of goods, including food service ware has increased, while the supply has decreased. Alternative packaging materials often can be significantly more expensive. In an industry where the economic margins are razor thin- and one that is trying its best to crawl out from under the pandemic closures, any additional operational costs just pile on to the ongoing financial strain restaurants continue to feel as a result of state and local decisions made during the pandemic.
Carry-Out Bags for Restaurants
While we appreciate exempting restaurants from the requirement to charge our customers 10 cents for a paper carryout bag, the ordinance requires restaurants to phase out the use of single use plastic carry out bags by September 6, 2023.
State law- and the vast majority of local jurisdictions- currently allow restaurants to use plastic bags. We share the collective concern about reducing the use of plastics- and do so when we can. Restaurants should have the freedom of choice to determine what type of bag works best to m aintain the integrity of their product. Paper bags are not always the most practical choice for restaurants. ▪ Plastic bags are superior to paper bags in protecting against accidental spills and leaks during transport, whereas the content would just seep through a paper bag. Customers become disgruntled when food from the bag leaks onto their car, carpet, clothes, etc.
▪ In addition, some types of containers don’t fit as well in paper bags. Whereas plastic bags conform to the size of the container, paper bags do not. The bottom of paper bags is generally rectangular-shaped which doesn’t work when you have a standard, large square container.
▪ Restaurants will tightly pack up food in a plastic bag and use the handles to tie the bag to prevent the food from moving around and spilling. You can’t do this with a paper bag.
We respectfully request that restaurants have the ability to use single -use plastic carry out bags.
We believe we can be productive in helping shape a workable policy that increases environmental awareness of our guests and continues to offer them a variety of ways to acquire the products they may need – or want – to enjoy their dining experience, both in and out of the restaurant.
Thank you for your consideration,
Matt Sutton
Senior Vice President, Government Affairs + Public Policy California Restaurant Association