CC 06-17-2025
#12
Brush Abatement
Presentation
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Cupertino City Council
June 17, 2025
Brush Abatement Program
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Brush Abatement Program
● Wildfires are an increasing threat to our
community
● Present a danger to people and properties
● County Fire has authority to provide for life
safety and protection of property
● City Code 16.40.200 requires homeowners to
clear brush and maintain defensible space
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WUI Defined
The area where homes and structures
are adjacent to wildland vegetation
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Cupertino WUI Area
Designated High and Moderate Fire
Hazard Areas per State WUI Code
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Owner Responsibilities
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Owner Options
● Option 1: homeowner completes the required
work
● Option 2: authorized contractor completes
the work, costs added to next property tax bill
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Enforcement Timeline
● February 14, letters mailed to all property owners
● April 1, property inspections begin
● May 13-June 3, re-inspections of non-compliant
properties
● June 3, hearing letters mailed to non-compliant
property owners
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Recommended Action:
1. Conduct Brush Abatement hearing to note
objections of property owners on the non-
compliant list; and
2. Adopt Resolution 25-048 ordering abatement
of public nuisance and potential fire hazard
CC 06-17-2025
Item #13
Post-Collection Service
Agreements
Presentation
Cupertino City Council Meeting
June 17, 2025
Post-Collection Services
Garbage and Construction & Demolition Debris
• Current landfill agreement ending, need new agreements:
• Construction & Demolition Debris
• Garbage from homes and businesses
• Costs are passed along as part of Recology’s garbage rates. • Increased costs are in addition to Recology’s rates.
• Recology offers ~50% discount to low-income residents. • No impact to General Fund.
Overview: Garbage After Collection
How post-collection works currently
• Recology Franchise Agreement for collection of
all materials (garbage, recyclables, organics)
and construction & demolition (C&D) debris.
• International Disposal Corp. of California, Inc. to:
• Dispose of garbage at Newby Island
Landfill (Newby).
• Process and dispose of C&D debrisat
Newby.
Currently two agreements for garbage:
No change to green and blue cart handling. Recology
agreement includes processing recyclables and organics:
• Material in green carts/bins is processed into compost at two Recology facilities
• Material in blue carts/bins is processed for sale on the recyclables market at GreenWaste in San Jose
Today’s agreements do not affect these materials.
Recology handles the blue & green cart materials
• Material in gray carts/bins and in debris boxesis taken directly to Newby Island Landfill:
• Garbage disposed directly to landfill
• C&D debris sorted before disposal
• Agreement ends in November 2025.
• New agreements needed for disposal
of trash and processing of C&D debris.
Disposal of Garbage
• On May 2, 2023, Council considered this topic.
• Council expressed interest in processing if customer cost increases could be limited to $5 - $8/month.
• Council requested staff conduct RFP for new agreements, including garbage processing option.
Past Council Direction
New Agreements for Consideration
Garbage and C&D debris boxes only
1. C&D debris processing
2. Landfill disposal of garbage
3. Processing of garbage (removed from RFP)
• Only City of Sunnyvale had capacity to accept
additional tons at SMaRT Station®
• Municipal code allows sole-source discussions with other public agencies
• Parallel process initiated with Sunnyvale
Proposals for three services:
• Zanker Road Resource
Management, LLC
• Increased diversion for
construction projects helps
meet CalGreen 65%.
• Slightly closer than Newby
• Rates for debris boxes will
increase 7% - 10%
($701/box increased to $747).
Winning Proposal for C&D: Zanker (GreenWaste)
• International Disposal Company of
California, Inc. which operates Newby
Island Landfill in the Milpitas area.
• Same destination as now.
• Rates for residents would increase
about $0.06/month.
• Includes exit clause should Council
direct garbage to be processed.
Winning Proposal for Landfill: Newby
• Will reduce tons to landfill by ~half
• Would increase residential
garbage rates by approximately
$6.25/month starting in early 2027.
• Facility will be under construction
for upgrade until late 2026.
Processing Garbage Through the SMaRT Station ®
• “Rescues” recyclable and
compostable material erroneously
disposed in garbage
• Supported by:
• CAP action W1.2
• Sustainability Commission
• Zero Waste Policy items 1&12
• General Plan Policy INF 7.1
Processing Garbage
What does Cupertino put in the garbage?
Garbage
generation by
sector
Single-
Family
36%
Multi-Family
17%
Commercial
47%
Municipal
0.35%
SMaRT Station®: Partner vs Merchant?
• Partner (join Sunnyvale and Mountain View):
• Lower per-ton rate = $6/month extra for residents
• Share in costs, revenues, debt service = budget variability • Proportional obligation based on tons delivered (~7%) • Participate in facility oversight and planning
• Access to drop-off area & other ancillary services
SMaRT Station® Ancillary Services
Access for residents 7 days per week at no additional cost:
• Drop-off of electronic waste, used paint, antifreeze, motor oil, cooking oil batteries, medical “sharps”, recyclables, mattresses. • Access to the “Reuse Trailer” where usable furniture or other types of items are available to take
• Pickup of compost and mulch (currently available under short term agreement)
• Confidential document shredding events, free dump days. • Pay-to-throw by material type.
Cupertino residents already have access to
most of those services through Recology or third
party take-back programs:
• Environmental Days (shredding, e-waste drop-off)
• Recology picks up batteries, oils, extra bulky items
• Third party take-back available (PaintCare, Med-Project) • City provides compost seasonally
SMaRT Station®: Partner vs Merchant?
• Merchant (pay by the ton)
• Higher per-ton rate = $6.25/month for residents
• No share in variable costs and revenues = stable budget • No access to ancillary services
• No participation in oversight and planning
SMaRT Station®:
Partner vs
Merchant?
Rate Impacts
and
Comparisons
* process garbage
Recommendation: Merchant Agreement
• Partnership has financial risks and obligations
• Possibility of unforeseen costs
• Debt service obligation for the upgrade
• Scope of the impact of those risks and obligations is not fully understood
• Recommend a Merchant agreement, while retaining option for partnership in future
• Use of SMaRT Station® would only begin after upgrade (2027) Conclusion
• Approve execution of Zanker agreement to begin receiving and processing C&D debris starting Nov 21, 2025.
• Approve execution of new IDC agreement to continue
receiving garbage for landfilling starting Nov 21, 2025. • Rate changes from those will begin Feb 1, 2026.
• Approve execution of SMaRT Station® Merchant agreement to begin receiving and processing garbage starting AFTER they complete their upgrade.
Budget Adjustment
• The end of current landfill agreement is November 20, 2025. • Recology rates adjust on February 1, 2026.
• To avoid changing rates twice, recommend using $35,000 of Resource Recovery Fund 520 balance to cover the difference in cost for that 10-week period.
Recommended Actions
1. Adopt Resolution No. 25-___ approving the following agreements for post-collection services, and authorizing the City Manager to execute the agreements in substantially the same form as presented:
a. An agreement with Zanker Road Resource Management, LLC for solid waste construction and demolition (C&D) material processing services to begin November 21, 2025, with a ten -year term.
b. An agreement with International Disposal Corporation of California, Inc., for disposal of garbage at Newby Island Sanitary Landfill Facility with a ten-year term.
c. A Merchant agreement with the City of Sunnyvale for garbage processing at the Sunnyvale Materials Recovery and Transfer Station (SMaRT Station ®) and residue disposal for a term of 20 years.
Recommended Actions (cont.)
2. Adopt Resolution No. 25-XXX approving Budget Modification #2526- 395 increasing appropriations in the Resource Recovery (Fund 520) budget by $35,000 to cover differences in disposal and C&D processing cost during the period between November 21, 2025 and January 31, 2026, allowing customer rates to remain unchanged until the beginning of Recology’s Rate Period Six, which begins February 1, 2026.
Questions and Discussion
CC 06-17-2025
Item #15
Options on
preservation and anti
displacement
of BMR
units
Presentation
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Nicky Vu, Senior Housing Coordinator
June 17, 2025
Below Market Rate (BMR) Anti -
Displacement Policy
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Agenda
● Background on displacement
● Alternative strategies studied
● Review the 2024 Housing Commission
meeting study session
● Below Market Rate Anti-Displacement
Policy
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Background
● Below Market Rate Inclusionary Policy
● Market rate housing development must
provide 15% of units as affordable
● Expiration date of (35) years (now 99
years)
● Rental units that expire risk displacement
for tenants if landlords increase rent to
market rate
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Expiring Rental Units
Apartment
Building Units
Restrictions
Expire Property Owner
Aviare 20 7/8/2026 Legacy Partners
Forge
Homestead 15 7/15/2026
De Anza
Properties
Park (City
Center) 4 7/31/2026 Prometheus
Hamptons 34 10/20/2027 Irvine Company
Arioso 20 1/29/2028 FPI Management
Biltmore 2 8/30/2029 Prometheus
Aviare 2 7/8/2038 Legacy Partners
Markham 17 11/4/2039 Prometheus
TOTAL 114
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Tenant Data
5 17
2467
Age
29 and under 30 - 39
40 - 49 50 and Above
0 5
10 15
20 25
30 35
40 45
Household Size
1 2 3 4 5 6
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Unit Data
[0, 4] (4, 9] (9, 13] (13, 18] (18, 22] (22, 26]
0 10
20 30
40 50
60 Years Lived in Unit
96 17
Quality of Unit
Good Needs Upgrade
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Housing Element
Strategy HE 3.3.2
● Ensure proper legal and noticing
procedures for properties with expiring
rental BMR units
● Attempt to preserve units. If not feasible,
work with tenants or organizations to
mitigate displacement
Strategy HE 3.3.6
● Study rent stabilization and other potential
Anti-Displacement policy and create new
policy to protect 100 households
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Concurrent Actions
● Redwood City
● East Palo Alto
● Menlo Park
● San Leandro
● Mountain View
● Sunnyvale
● Santa Clara County
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Alternatives Explored
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Acquisition Preservation
● Buy buildings to preserve 15% BMR
● McClellan Terrace $66.7 million
● To purchase all expiring BMR
buildings: $525 million
● Not financially feasible
Purchase units and re-restrict as BMR
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Rent Stabilization
● AB1482 exempts expiring BMR units
from 5% + CPI increase limit
● Explicitly states expiring BMR units
to return to reestablish initial rent
● Not legally permissible for BMRs,
but could still be studied for city-
wide Anti-Displacement Strategy
Limit rent increases of expiring BMR units
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Deposit/Fee Regulations
● Require primary source documentation
before charging tenants maintenance costs
● Could lower housing costs overall
● Doesn’t address the disproportionate high
rent increase of expiring BMR units
● An issue that effects all tenants, could still be
studied for city-wide Anti-Displacement
Strategy
Add requirements for charging unexpected fees
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Eviction/Legal Defense
● Enact ordinances that expand just cause
eviction protection or reinforce no net loss
● Fund low-income legal aid orgs to
represent evicted tenants/enforce laws
● Doesn’t address the disproportionate high
rent increase of expiring BMR units
● An issue that effects all tenants, could still
be studied for city-wide Anti-
Displacement Strategy
Prevent eviction and defend tenants
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County BMR Waitlist
● Add Cupertino Displaced BMR Tenants as
priority for replacement into County list
● The County does not have a BMR list
● Negotiating with developers requires $$$
● Rehoming low-income Cupertino
households outside of the City would be
an exclusionary fair housing concern
Rehome tenants in the County waitlist
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Anti-Displacement Incentives
● Negotiate with developers to extend
affordability for development incentives
on future projects
● Depends on developer’s desire for future
projects in Cupertino
● Agreements executed prior to expiration
● Potential for some success as part of staff
workplan, supplemental to BMR Anti-
Displacement Policy
Offer development incentives for extensions
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BMR Anti-Displacement Policy
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Development
● Consulted RISE Housing and WVCS
● Consulted neighboring cities
● Redwood City, Campbell, Sunnyvale,
Santa Clara County, Menlo Park, San
Leandro, Mountain View, San Mateo
● Dec 19 Housing Commission Study Session
● April 21 Housing Resource Fair – Public
Outreach
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BMR Waitlist Priority
● City’s BMR waitlist has a system that awards
priority points for:
● Cupertino residents
● Cupertino employees
● Cupertino public workers
● Add three additional points for “Displaced BMR
Renter” Category – if one was a tenant of a BMR
rental expiring within 12 months
● Allow Displaced BMR Renters to reapply anytime
Rehome tenants in the City waitlist
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Example Priority List
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Relocation Assistance
● Costs of relocation are high: deposit, first & last
month of rent
● Add responsibility of property owners to:
● Pay tenant 3 months of Fair Market Rent, if
tenant moves from BMR to market rate unit
before or after 12 months of expiration (1
additional month for special circumstance)
● Provide notice of new rental rate and
relocation assistance (120) days from
expiration
Offset costs of rehousing, prevent homelessness
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Per Unit Assistance Payment
2024 Santa Clara County Fair Market Rent
Unit Size Studio
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
5 Bedroom
6 Bedroom
Fair Market Rent $2,383 $2,694 $3,132 $4,011 $4,425 $5,089 $5,753 3x $7,149 $8,082 $9,396 $12,033 $13,275 $15,267 $17,259 This section may
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Comparative Relocation
Assistance Policies
City Term of Assistance Activation Notice Eligibility Time Available Service Agency Service Enforcement Redwood
City
3 months FMR and 1 month
special circumstance
Eviction/With
draw
30 days after
filing application
80% or
lower
Within 30 days 3rd-party
escrow
60 day
subscription
Void
Application
East Palo
Alto
$9,444.11 in unit <2 years,
$12,592.14 for 2+ years
Eviction/With
draw
120 days prior to
withdraw
80% or
lower
Immediately
upon notice
City
escrow
None Void
Application
Menlo Park 3 months FMR and 1 month
special circumstance
Eviction/With
draw
30 days after
filing application
80% or
lower
Within 30 days 3rd-party
escrow
60 day
subscription
Affirmative
Defense
San
Leandro
3 months FMR and 1 month
special circumstance
Landlord
Termination
90 days/at time
of rent increase
All AMI Within 5 days Direct None Affirmative
Defense
Mountain
View
3 months FMR and 1 month
special circumstance
Eviction/With
draw
30 days after
filing application
120% or
lower
Within 30 days 3rd-party
escrow
60 day
subscription
Affirmative
Defense
Santa Clara
County
3 months FMR and 1 month
special circumstance
Eviction/Haza
rd
Immediately
upon application
All AMI Within 15 days Direct None Affirmative
Defense
Sunnyvale 3 months FMR and 1 month
special circumstance
Eviction/With
draw
30 days prior to
termination
All AMI Within 15 days Direct None Affirmative
Defense
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Staff Analysis
● Waitlist Priority provides a long-term structural
solution, but is dependent on new units coming
available
● Relocation Assistance provides short-term
assistance as emergency intervention, but does
not provide a long-term solution
● Pursuing both options would provide the most
comprehensive tenant protections, but it is still
important to construct new restricted affordable
housing
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Motion
Adopt Resolution No. 25-00X (Attachment A)
approving amendments to the BMR Admin
Manual to create an anti-displacement policy for
tenants residing in expiring Below Market Rate
units.
CC 06-17-2025
#16
10480 Finch Avenue
Presentation
City Council meeting
June 17, 2025
10480 Finch Ave
Appoint Negotiators
Subject: Appoint a negotiator for the potential purchase of 10480 Finch Avenue, owned by the Cupertino Union School District, adjacent to Sedgwick Elementary School.
Recommended Action: Appoint the Interim City Attorney
and Acting City Manager to negotiate with the
Superintendent of the Cupertino Union School District or her designee regarding the possible purchase of 10480 Finch Avenue, Cupertino, CA 95014, Assessor’s Parcel Number
375-40-067, from Cupertino Union School District on terms established by the City Council.
Tonight’s Action
Background
CUSD bought 10480 Finch Ave in 2016 for $5,386,750
Remediation of toxic substances allegedly complete
Property is 1.5 Acres and currently vacant (Zoned R1-6) Situated adjacent to Sedgewick Elementary
CUSD may be interested in “selling” property to City
Discussion
City interest in acquiring the property for park land
purposes
$13.2M park in-lieu fee funds
City Council direction to initiate effort and appoint
negotiators (Acting City Manager & Interim City Attorney) Evaluative work to be performed prior to recommendation Property Location
Property Location
10480 Finch Avenue
Order Necessary Documents (6 to 10 weeks):
• Title Report
• Preliminary Site Assessment
• Appraisal
Closed Session with City Council (Early September)
Begin Discussions with CUSD
Next Steps
Subject: Appoint a negotiator for the potential purchase of 10480 Finch Avenue, owned by the Cupertino Union School District, adjacent to Sedgwick Elementary School.
Recommended Action: Appoint the Interim City Attorney
and Acting City Manager to negotiate with the
Superintendent of the Cupertino Union School District or her designee regarding the possible purchase of 10480 Finch Avenue, Cupertino, CA 95014, Assessor’s Parcel Number
375-40-067, from Cupertino Union School District on terms established by the City Council.
Tonight’s Action
Thank You!