SC 01-20-22 PacketCITY OF CUPERTINO
SUSTAINABILITY COMMISSION
AGENDA
This will be a teleconference meeting without a physical location.
Thursday, January 20, 2022
4:00 PM
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 1:00 p.m. on Thursday, January 20 to the Commission at
sustainabilitycommission@cupertino.org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
2) E-mail comments during the times for public comment during the meeting to the
Commission at sustainabilitycommission@cupertino.org. The staff liaison will read the
emails into the record, and display any attachments on the screen, for up to 3 minutes
(subject to the Chair’s discretion to shorten time for public comments). Members of the
public that wish to share a document must email sustainabilitycommission@cupertino.org
prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
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Sustainability Commission Agenda January 20, 2022
Please click the link below to join the webinar:
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Dial 669-900-6833 and enter Webinar ID: 946 0752 2234 (Type *9 to raise hand to speak)
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Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48
hours in advance of the meeting to arrange for assistance. In addition, upon request, in
advance, by a person with a disability, meeting agendas and writings distributed for the
meeting that are public records will be made available in the appropriate alternative
format.
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Sustainability Commission Agenda January 20, 2022
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Minutes from October 21, 2021 meeting
Recommended Action: Approve minutes from October 21, 2021 meeting
A - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
STAFF AND COMMISSION REPORTS
OLD BUSINESS
NEW BUSINESS
2.Subject: Mandatory KnowBe4 cybersecurity training from the City’s Information
Technology Department
Recommended Action: Receive mandatory KnowBe4 cybersecurity training from the
City’s Information Technology Department
3.Subject: Consider draft ordinance language and phasing for a Single-Use Plastics
Ordinance
Recommended Action: Discuss and recommend that City Council adopt the proposed
ordinance language and phasing for a Single-Use Plastics Ordinance
Staff Report
A - Single-Use Plastics Ordinance Elements and Phasing
B - Draft Single-Use Plastics Ordinance
4.Subject: Update on sustainable infrastructure projects, including energy efficiency and
solar projects for city-owned properties with Public Works
Recommended Action: Receive update and provide any feedback
5.Subject: Earth and Arbor Day planning
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Sustainability Commission Agenda January 20, 2022
Recommended Action: Receive staff update on Earth and Arbor Day plans and
provide any feedback
FUTURE AGENDA SETTING
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue, Cupertino, California 95014, during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment.
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CITY OF CUPERTINO
Legislation Text
Subject: Minutes from October 21, 2021 meeting
Approve minutes from October 21, 2021 meeting
File #:22-10356,Version:1
CITY OF CUPERTINO Printed on 1/13/2022Page 1 of 1
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CITY OF CUPERTINO SUSTAINABILITY COMMISSION
Teleconference meeting without a physical location.
Thursday, October 21, 2021 4:00 p.m.
MINUTES
At 4:02 p.m. Chair Swaminathan called the meeting to order.
ROLL CALL
Commissioners Present: Chair Vignesh Swaminathan, Vice Chair Ram Mohan, and Commissioners Gary
Latshaw, Meera Ramanathan, and Anna Weber.
Staff: Ursula Syrova, Environmental Programs Manager; Victoria Morin, Outreach Coordinator; Karen Chen,
AmeriCorps Fellow; Gilee Corral, Climate and Utilities Analyst.
Guests: Members of the public; Rincon Consultants, Inc., Climate Action Plan (CAP) Update project consultant
team: Kelsey Bennett, Erik Feldman, and Alissa Jared.
APPROVAL OF MINUTES
1.Subject: Minutes from July 15, 2021 meeting
Vice Chair Mohan moved and Commissioner Latshaw seconded to approve the minutes. The motion carried
unanimously.
POSTPONEMENTS
None.
ORAL COMMUNICATIONS
None.
WRITTEN COMMUNICATIONS
Staff Liaison Gilee Corral noted written communications received on Item #2.
STAFF AND COMMISSION REPORTS
Staff updates: Senior Strategy Survey now open, visit cupertino.org/senior to access the survey or visit the
Senior Center, Library, or Quinlan Community Center for hard copies. Closed out the Sustainability Grants for
Students Program, received one report from a grant recipient. Cupertino signed on to the United Nations Race
to Zero campaign to commit to carbon neutrality by 2050. The Sustainability Division’s new AmeriCorps
CivicSpark Fellow, Karen Chen, introduced herself.
Commission updates: Chair Swaminathan noted that VTA is still in need of members for the Measure A
watchdog committee; they have six open spots and do not have a quorum. He encouraged everyone to spread
the word.
OLD BUSINESS
None.
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NEW BUSINESS
2.Subject: Climate Action Plan Update draft measures
Corral gave a brief overview of the CAP Update project progress to date. Victoria Morin, Outreach
Coordinator, provided an update of the outreach process with a focus on equity and transparency, including
public workshops, pop up events, surveys, and an interactive portal. Kelsey Bennett with Rincon Consultants,
Inc. gave a presentation on the technical process to date, including results from the updated greenhouse gas
(GHG) emissions forecast, GHG reductions needed in each sector to meet Cupertino’s targets, and a draft list
of high impact climate mitigation measures towards a net zero carbon goal. The high impact measures were
determined based on best practices and scenario planning and modeling incorporating Cupertino data.
Because the largest GHG emissions contributions are projected to be from transportation and building energy,
Cupertino will need to focus most of its GHG mitigation actions on these sectors. Corral acknowledged the
CAP Update Subcommittee’s role in the process. Staff requested the Commission to recommend the list of high
impact actions to the City Council ahead of its November 16 Study Session on the CAP Update project.
Commissioners asked clarifying questions, including:
-If on-road measures referenced City-owned fleet (Ramanathan). Corral: all measures are community-
wide and would include municipal fleet vehicles.
-Appreciation for the clarity of the presentation; what incentives and disincentives are being considered
to change behavior, if innovative actions incorporated (Mohan). Staff and consultant team noted the
actions list is still being refined, will be informed by best practice, and build on previous CAP progress.
The team is using framework incorporating structural change, incentives, equity, funding, and
partnerships.
-Urgency of climate emergency, like to see natural gas in commercial sector prioritized, consider
personal rapid transit (Latshaw)
-Appreciate clarity of the structure of the measure and actions; how the Commission can assist and
what stands out in importance (Swaminathan). Erik Feldman with Rincon Consultants, Inc.:
discontinuing natural gas in new development is critical and investing in electric vehicle (EV) charging
network.
-Lessons learned from more aggressive cities (Swaminathan). Feldman: Cupertino and other
communities being ambitious. Mentioned examples from San Luis Obispo, West Hollywood, Boston,
Berkeley.
Chair Swaminathan opened public comment and the following individuals spoke:
-Dashiell Leeds on behalf of the Sierra Club Loma Prieta Chapter spoke in support of a more aggressive
carbon neutrality target, a streamlined CAP, seeing the impact of fuel cells on emissions from natural
gas, ensure electrification happens soon, end of flow date for natural gas (i.e. Half Moon Bay’s target of
2045). Expressed support for draft measures BE-1, BE-2, and M-1 and for existing building
electrification ordinances to be top priority and mandated rather than incentivized, with extensive
community outreach. Supports commitment to equity and electrifying Below Market Rate housing
stock as a priority. Would like City to partner with County of Santa Clara Office of Sustainability and
its new Sustainability Commission.
-Giulianna Pendleton on behalf of the Santa Clara Valley Audubon Society spoke in support of including
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loss of biodiversity and climate resiliency in addition to climate change mitigation to the CAP. Supports
goal to increase tree canopy and asked for a focus on locally native trees and oaks. Supports protecting
grasslands, integration of nature-based solutions, and rewilding areas in cities.
-Neil Park-McClintick (Cupertino resident) on behalf of Cupertino for All expressed general support for
plans to address climate change. He talked about the suburban perspective and culture that demands
driving long distances (i.e. De Anza students and commuters) and need to contextualize the discussion
in a regional transportation network. Spoke in support of Dashiell Leed’s comments and getting rid of
natural gas. Supports densifying Cupertino to ensure people can live close to work and school. He
talked about subject of equity, the displacement of low-income people, and low supply of affordable
units in Cupertino.
-Gwyn Azar on behalf of Silicon Valley Youth Climate Action’s Cupertino Team thanked the team for
their continued work. She spoke in support of an ambitious CAP, a more aggressive target than 2040,
prioritizing the electrification of existing buildings, to consider a burnout ordinance to replace gas
appliances, and to set an end of flow date for natural gas.
-Housing Commissioner Connie Cunningham (representing self) on behalf of the Santa Clara Valley
Audubon Society spoke about the connection between climate and biodiversity, quoting from the
Intergovernmental Panel on Climate Change. Supports adding “protect biodiversity” to CAP goals and
when referencing resiliency and adaptation, noting that biodiversity was mentioned in a previous
December 2020 report. Supports adding the words “for protecting biodiversity” in measures CS-1 and
CS-2 in Table 1 in the staff report. She asked clarifying questions about the location of the 2,400 trees,
where the available space was located, if public access to existing tree data, etc.
The Commission discussed the topic. Staff and the consultant team responded to clarifying questions.
Commissioners raised ideas and issues, including:
-Do not rely on carbon offsets to achieve carbon goals (Latshaw)
-Ideas for additional measures or actions:
o Inclusion of personal rapid transit, more homes adding air conditioning and insulation
(Latshaw)
o Consider free electric vehicle (EV) charging stations (Ramanathan)
o De-incentivize new gas stations (Ramanathan, Latshaw, Swaminathan)
-Actions that conserve water and mitigate heat impacts alongside building electrification (Ramanathan)
-Goals and targets are excellent. Consider out-of-the-box solutions and global best practices (Mohan)
-Consider complexity of actions and unintended impacts, concerns of cost and burden on City staff
(Swaminathan)
-Ensure City facilities adhere to electrification goals (Latshaw)
- Support for including biodiversity language in the CAP measures (Weber, Swaminathan,
Ramanathan). The consultant confirmed that biodiversity and resiliency can be addressed in the
adaptation and resiliency actions that support the measures.
-Increase percentage of public and shared transit mode share (Swaminathan) and increase percentage of
electrifying the existing commercial buildings (Latshaw)
-The Commission expressed appreciation for the clarity and coverage of the high-impact measures as
presented.
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Staff and the consultant team responded to concerns and questions, acknowledging that the high impact
measures list under discussion reflects GHG emissions reduction measures specifically. However, other types
of measures (i.e. water conservation, biodiversity, resiliency and adaptation) will also be part of the CAP. The
actions list will continue to be developed as a part of the public process. Alongside the public process, the draft
measures and actions are being reviewed through an internal stakeholder process with other City
departments.
Commissioner Ramanathan made a motion to recommend the draft CAP update measures and further
modifications as needed for approval. She withdrew the motion. The Commission discussed potential changes
to the high impact measures list wording, including mentioning biodiversity (Latshaw, Ramanathan) and
including a statement that the City of Cupertino would conform to the electrification of buildings (Latshaw).
Vice Chair Mohan expressed support for moving forward with the draft CAP measures list as is. Bennett
explained that biodiversity and resiliency strategies are tracked differently than GHG emissions reduction
measures and can be part of a climate adaptation section.
Commissioner Ramanathan moved to approve the draft CAP Update measures list as is to measure the goals
that were set with further implementation modifications as needed. The Commission discussed the motion
further. The consultant team answered technical questions. Feldman noted that changing percentages would
require substantial evidence to support the increase in order to preserve the validity of the policy document.
Commissioner Ramanathan restated the motion: to recommend to the City Council the draft CAP Update
measures as presented by staff towards the draft goals as stated by the Council and Commission,
understanding that further implementation modifications may be made as needed. Vice Chair Mohan
seconded the motion. The motion carried unanimously.
Commissioner Latshaw requested to see the calculations behind the 24% commercial efficiency metric; Corral
noted that a more detailed explanation of the analysis will be included in the technical appendix of the public
review draft of the CAP.
3.Subject: Recommendation for Single-Use Plastics Ordinance Subcommittee
Environmental Programs Manager Ursula Syrova gave a brief status update on the ordinance project.
Outreach to businesses and customers is complete. Staff are working on incorporating responses into the draft
ordinance language and plans. Staff aims to bring the ordinance to Council in February, and the timing is tight
to have a full Commission discussion prior to this date. Syrova requests a subcommittee be formed to meet
once in December to review the outreach results, phasing plans, and draft policy options and bring their
feedback to the January Commission meeting for discussion. Corral clarified the role of the subcommittee.
Chair Swaminathan opened public comment. Corral read a statement aloud submitted via email by Gwyn
Azar on behalf of Silicon Valley Youth Climate Action’s Cupertino Team in support of the Single-Use Plastics
Ordinance and reduction of plastics, in collaboration with local businesses.
Commissioners Weber and Ramanathan volunteered to serve on the subcommittee.
Commissioner Latshaw moved and Vice Chair Mohan seconded to form a Single-Use Plastics Ordinance
Subcommittee and to nominate Commissioners Ramanathan and Weber to serve on the Subcommittee. The
motion carried unanimously.
4.Subject: Sustainability Commission suggestions for FY 2022-23 City Work Program
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Corral briefly introduced the topic and reminded the Commission of the work program process. She noted
that there were no specific items to present from the department, but these are in discussion. She answered
technical questions.
Chair Swaminathan opened public comment and the following individual spoke:
-Dashiell Leeds on behalf of the Sierra Club Loma Prieta Chapter suggested prioritizing draft CAP
measures BE-1, BE-2, and M-1 – electrification of existing residential, commercial, and municipal
buildings - for the Work Program. Supports creating the Urban Forestry Master Plan, developing a
biodiversity metric to support native and drought tolerant plants, and divestment as work program
items. In response to a clarifying question from Chair Swaminathan, he clarified that by “divestment,”
he means a policy to analyze assets tied up to major banks that fund fossil fuels and develop a plan to
transfer funds to sources without connections to fossil fuels.
Corral clarified operational programs and services and what would constitute a work program project. The
Commission discussed ideas for work program suggestions, including:
-Ordinance to prevent utility company from re-trenching and digging up the road for impact, entertain
more mixed-use zoning (Swaminathan)
-Analyze transportation emissions sources, look into active transportation, micromobility, paratransit
options, Via Shuttle (Swaminathan, with Latshaw supporting)
-Limiting new gas stations (Swaminathan, with Ramanathan supporting)
- Encourage rapid electrification of buildings (Latshaw, with Swaminathan supporting)
-Access to Apple’s employee EV charging stations when not in use (Swaminathan, with Latshaw
supporting)
-Water conservation via drought tolerant landscaping, Climate Victory Gardens pilot (Weber, with
Swaminathan supporting)
-Corral pulled up the Future Agenda Setting List for reference:
FUTURE AGENDA SETTING LIST
o Sustainability Grants for Students / essay contest
o Discuss hosting a public workshop on carbon reduction ideas
o Discuss 2021 Earth & Arbor Day event ideas
o Zero Emission Vehicles discussion
o Building electrification discussion
o Discussion on raising awareness of sustainability among youth
o Discussion on raising awareness of climate change among adults
The Commission created the following list of suggestions for the work program:
-Consider lifting the ordinance the limits micromobility providers from operating in Cupertino.
Consider restrictions that would ensure appropriate fit for Cupertino.
-Consider policy and legal implications for limiting new gas stations and tanks from being built in
Cupertino.
-Explore options for private businesses to open up privately-owned electric vehicle chargers to the
public when not in use by employees.
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-Examine options to encourage rapid electrification of buildings, i.e. via the update of the building
electrification reach codes.
-Consider expanding and investing in the Climate Victory Gardens Pilot and creating a permanent
program for supporting drought tolerant landscaping.
Commissioner Ramanathan moved and Commissioner Latshaw seconded to recommend the list as worded
above as suggestions for FY 2022-23 City Work Program. The motion passed unanimously.
FUTURE AGENDA SETTING
Not discussed.
ADJOURNMENT
A motion to adjourn was made by Chair Swaminathan and seconded by Vice Chair Mohan. The motion
carried unanimously. Meeting adjourned at 6:38 p.m.
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CITY OF CUPERTINO
Legislation Text
Subject: Mandatory KnowBe4 cybersecurity training from the City’s Information Technology
Department
Receive mandatory KnowBe4 cybersecurity training from the City’s Information Technology
Department
File #:22-10348,Version:1
CITY OF CUPERTINO Printed on 1/13/2022Page 1 of 1
powered by Legistar™
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CITY OF CUPERTINO
Legislation Text
Subject: Consider draft ordinance language and phasing for a Single-Use Plastics Ordinance
Discuss and recommend that City Council adopt the proposed ordinance language and phasing for a
Single-Use Plastics Ordinance
File #:22-10366,Version:1
CITY OF CUPERTINO Printed on 1/13/2022Page 1 of 1
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SUSTAINABILITY COMMISSION STAFF REPORT
Meeting: January 20, 2022
Subject
Consider draft ordinance language and phasing for a Single-Use Plastics Ordinance
Recommended Action
Discuss and recommend that City Council adopt the proposed ordinance language and
phasing for a Single-Use Plastics Ordinance
Background
•In 2014, Cupertino City Council adopted an ordinance to ban food vendors from
selling or otherwise providing prepared food in expanded polystyrene foam food
service ware.
•In 2017, Cupertino City Council adopted a Zero Waste Policy, which includes
support for policies that demonstrate a preference for less toxic and more durable
products over single-use products, acknowledges that reusable foodware is
preferable to single-use, and seeks to reduce the proliferation of unnecessary
plastic single-use food service ware and packaging.
•In 2018, City staff began participating in regional discussions and working groups
on the topic of single-use foodware and model policy language. That work was
inspired in part by changes in international markets for recycled plastics in 2018,
concerns about plastic waste and microplastics in the environment, and health
concerns from chemicals leaching into food.
•In 2018, California adopted Assembly Bill (AB) 1884 to require plastic straws to be
provided only upon request.
•In 2019, the Youth Climate Action Team brought a request to restrict single-use
plastic food service ware to the Cupertino City Council. The issue was also raised
multiple times at Sustainability Commission meetings and was part of the
Commission’s suggested City Work Program items for Fiscal Year 2020-2021.
•The City Council accepted the Commission’s suggestion, and the Single-Use
Plastics Ordinance became a City Work Program item for Fiscal Year 2020-2021
and then was continued on to the Fiscal Year 2021-2022 City Work Plan.
•At the October 2021 meeting of the Sustainability Commission, a single-use
plastics subcommittee was formed. The Committee met once in December 2021 to
consider policy options and phasing.
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•Beginning on June 1, 2022, state law will require food facilities to make certain
single-use food service ware accessories and standard condiments packaged for
single use available only on request.
•Beginning January 1, 2023, AB 1200 will prohibit the sale or distribution of food
packaging (including fiber-based food service ware) containing per- and
polyfluoroalkyl substances (PFAS).
Discussion
City staff has prepared a proposed ordinance amending Municipal Code Chapter 9.15,
which prohibits the use of expanded polystyrene (EPS) foam foodware. The proposed
ordinance includes requirements that will reduce the amount of single-use plastic food
service ware in Cupertino and encourage a shift toward more reusable food service ware
for dining on location, for takeout, and at large events. It also proposes expanding the
prohibition on EPS to local sale of certain non-foodware items such as packing peanuts.
Multiple life cycle analyses (LCAs) show reusable food service ware has less
environmental impact compared to single-use products once a break-even point of
repeated use occurs. LCAs consider metrics such as greenhouse gas emissions, energy
inputs, and water consumption from the materials extraction phase through consumption
and finally to disposal.1 LCAs do not consider the impacts when products become litter
as opposed to being disposed of properly, the impacts of plastic pollution in the
environment, or the human health impacts of chemicals migrating from food service ware
into food and beverages.2 Reusables do have advantages over single-use products in these
areas.
Elements and phases of the proposed ordinance are summarized here and presented in
Attachment A.
The first phase of the ordinance mirrors the requirements of state law (AB 1276) and
requires that food service ware accessories such as utensils, chopsticks, condiment cups
and packets, straws, stirrers, splash sticks, and cocktail sticks be provided only upon
request by customers. These requirements become effective on June 1, 2022.
The second phase of the ordinance includes elements that would go into effect one year
later, on June 11, 2023. These requirements include:
1.Prohibiting the use of non-complaint food service ware by food providers:
•Continue to prohibit use of expanded polystyrene foam food service ware
1 Oregon Department of Environmental Quality. “Food Service Ware LCA Harmonization,” Prepared for
the City of Portland Bureau of Planning and Sustainability (BPS). 2019. Retrieved from
https://www.oregon.gov/deq/FilterDocs/FoodLCAreport.pdf
2 Muncke, Jane et al. “Impacts of food contact chemicals on human health: a consensus statement.”
Environmental health: a global access science source vol. 19,1 25. 3 Mar. 2020, doi:10.1186/s12940-020-
0572-5. Retrieved from https://pubmed.ncbi.nlm.nih.gov/32122363/
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•Prohibit use of single-use plastic items (even if accepted as recyclable)
•Prohibit use of compostable food service ware that contains PFAS
•Prohibit use of bio-plastics (compostable plastics)
2.Reusable food service ware required for dining on premises:
•Reusable food service ware must be provided for customers dining on site at
the food provider’s location. Requires sufficient dishwashing capacity or a
contract with a dishwashing service.
3.Imposing the following nonreusable beverage cup and food container charges:
•$0.25 for a disposable cup and $0.25 for a disposable container
•Charges kept by the business
4.Prohibiting the sale of non-compliant foodware:
•Ban local sale of single-use plastic, expanded polystyrene foam, and bio-plastic
food service ware
5.Prohibit sale of other expanded polystyrene products beyond food service ware:
•Packing materials such as peanuts and blocks
•Pool or beach toys, coolers, and ice chests where the foam is not fully
encapsulated within a more durable material
6.Exemptions:
•Paper, wood, bamboo, and other fiber-based compostable food service ware
items accepted in the City’s compost program would be allowed
•Containers made entirely from aluminum and aluminum foil would be
allowed
•Plastic straws allowed for those with medical need
•Does not apply to food prepared and packaged outside of the City
•Single-use food service ware still allowed for taking home leftovers from dine-
in situations
•Temporary exemptions allowed if additional time needed to comply
•Allows for compliant paper food liners, wrappers, sleeves, bags, and foil
wrappers
•Exemption from charges for customers with certain economic hardships
•Customers are allowed to bring their own containers
•Businesses may refuse to use a customer's container if it is not suitable or is
unsanitary
•Exemption to packaging requirements for shipments received from outside the
city or materials reused within the City
The third phase of the ordinance would go into effect on June 1, 2024 and would address
prepared beverage and food containers used at events. Covered events would be required
to comply with the following requirements:
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•25% of prepared beverage sales in reusable containers, phasing to 50% by June 1,
2026
•25% of prepared food sales in reusable containers starting 6/1/2026 phasing to 50%
by June 1, 2028
Subcommittee Feedback
The Sustainability Commission formed a subcommittee to consider elements of the single-
use plastics ordinance, and the subcommittee met on December 16, 2021. Subcommittee
members Anna Weber and Meera Ramanathan heard presentations from staff and
considered the following questions:
1)Who should be covered by the ordinance – all food providers, or just food
vendors?
•Citing concern about food service ware in use by health care providers,
subcommittee members suggested focusing on food vendors first with a
broader set of food providers considered at a later phase. However,
because compliant single-use food service ware could be used in those
settings, “providers” is recommended.
2)Speed of the phasing
•The subcommittee suggested allowing more time for businesses to make
the required changes called for in phase two, and therefore phase two was
pushed to one year after implementation of phase one.
•The subcommittee had concerns about the dishwashing requirements and
economic impacts of reusables for dine-in services with a sensitivity to
wanting to remain welcoming to existing and new businesses. The
proposed ordinance includes waivers and temporary exemptions in cases
of economic hardship or other challenges.
•The subcommittee was in favor of providing incentives, such as technical
assistance and grant funding. There is at least one independent
organization that provides financial assistance to restaurants seeking to
deploy reusable food service ware. The City could also consider hiring a
consultant to provide technical assistance to help make changes, which
could include mini grants to purchase reusable food service ware.
3)Ban plastic single-use food service ware items, even if recyclable?
•Strong support for such a ban, which was also recently adopted by the City
of Mountain View.
4)Mandate charges or credits to encourage use of reusables, either brought in by
customers or for dine-in?
•While the subcommittee voiced support for credits for customers bringing
their own cups, charges are more common and have been shown to be
more effective than credits.
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•The question of a charge for takeout containers in addition to a charge for
single-use cups was not fully considered and requires further discussion.
5)Ban the sale of non-compliant food service ware items?
•The subcommittee supported the idea of banning the sale of compostable
plastics first, as those are not accepted for composting in Cupertino, they
do not have a better LCA than other plastics, and they create customer
confusion and end up contaminating both the recycling and compost
streams.
•After a discussion of economic equity, the suggestion was made to phase
in a ban on the sale of traditional plastic food service ware, especially if
there is a significant price difference. Note that Mountain View has
adopted an ordinance banning the sale of both bio-based and traditional
single-use plastic food service ware items beginning January 1, 2023.
6)Ban local sale and use of expanded polystyrene foam packing materials?
•There was support for including such a ban, which would be limited to
packing that occurs within the City.
7)Require large events of 100 people or more to provide a percent of their beverages
and food in reusable containers?
•The subcommittee supported that idea, and San Francisco has already
adopted rules requiring that 10% of prepared beverages be provided in
reusable cups at large events.
8)Ban City use and purchase of single-use bottled water?
•While not addressed in the ordinance, this item had support from the
subcommittee and could be included in the next update of the
Environmentally Preferable Purchasing Policy.
9)Reusable Take-Out Food Service Ware
•While not addressed in the ordinance elements, the subcommittee
expressed its desire to learn more about businesses that provide reusables
for takeout food and beverages. There are several businesses already
providing this service in San Francisco and Berkeley, and as a service
available to hire for events. Such a service is planned for demonstration at
the 2022 Earth Day and Arbor Day Festival to work in partnership with
any food trucks, but the subcommittee members also suggested a pilot of
such a third-party business model in Cupertino.
Outreach to Businesses and Customers
In the summer of 2021, City staff contracted with Environmental Innovations (EI) to
conduct outreach to food service businesses and customers about single-use plastic
foodware and the potential ordinance. EI partnered with the Peninsula Chinese Business
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Association to do direct food facility outreach, who surveyed 100 businesses (51% of food
service businesses with active business licenses), many of them via in-person interviews.
EI and City staff also conducted additional interviews with several institutional food
service providers such as West Valley Community Services, Apple, and the Forum,
seeking to understand the needs of large service providers and the concerns of special
interest groups representing youth, low-income, and persons with disabilities. Responses
from food facilities included independently owned and franchised, fast food and sit-
down, boba tea shops, grocery stores, coffee shops and bakeries. While there was
openness to switching to a different type of product, the primary concerns about
switching to compostable food service ware were increased cost and availability of
compliant products, customer satisfaction, and the administrative burden of imposing
fees. 57% of those surveyed indicated they were interested in technical or financial
assistance to help make the required changes. When asked about switching to reusable
food service ware, businesses were also open to that idea, but worried about changing
their operations, had concerns about safety against covid, and thought that staffing for
dishwashing or dish storage might be an issue. 65% said they would be interested in
receiving information about reusable to-go foodware services.
The survey answers provided by customers showed strong support for limiting single-
use plastic food service ware, that environmentally friendly practices are important to
customers, and that customers worry about the amount of waste from to-go foodware.
88% of the 111 customers who responded said they have received unwanted single-use
foodware when ordering takeout, and 91% said they would still go to a restaurant that
stopped using single-use plastic. 39% indicated that they would be interested in a service
that provided to-go containers that you could return for sanitizing and reuse. 67% said
that being offered a discount would encourage them to bring their own cup or container,
although the distinction was not made between a charge and a discount.
Staff and EI presented to the Teen Commission in August 2021 and received supportive
feedback. Staff also presented to the Chamber of Commerce in August 2021, and the
response was favorable. In September, the City staffed a table at the Fall Festival and
promoted community feedback via the customer survey, and the in-person conversations
on the topic were largely favorable. Staff plans to present to these groups again with the
more specific proposed language and will encourage community attendance at a planned
Council Study Session on March 1, 2021. To track the ordinance as it progresses and
provide information, the City also launched a dedicated web page at
engagecupertino.org/single-use-plastics.
CEQA
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to
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have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action to regulate
the use of single-use foodware by food providers and local sale of prohibited foodware
and other expanded polystyrene products would have no or only a de minimis effect on
the environment because reducing disposable plastic foodware items such as straws,
utensils, and stirrer sticks and having compostable alternatives offered only upon request
and other provisions of the ordinance would not have the potential for causing a
significant effect on the environment. In addition, if the proposed ordinance were a
project under CEQA, the project would be exempt from CEQA under CEQA Guidelines
section 15307, which exempts from CEQA actions taken by regulatory agencies for the
protection of the environment. The foregoing determination is made by the City Council
in its independent judgment.
Next Steps
Staff plans to conduct a Study Session before City Council on March 1, 2022 followed by
a first reading of the ordinance on April 5, 2022. The Mayor’s Cup Challenge, which is
focused this year on the broader topic of plastics, is scheduled for March 26, 2022. While
not addressing food service ware specifically, the event will occur before the first reading
of the draft ordinance and the two processes will cross-inform and support each other.
Sustainability Impact
The proposed ordinance is consistent with two actions in the Cupertino Climate Action
Plan as well as California State law. The proposed ordinance encourages a push towards
more reusable foodware which is consistent with Climate Action Plan Measure C-SW-1:
Zero Waste Goal. The proposed ordinance promotes the collection of organics from the
local waste stream, which will reduce greenhouse gas emissions from the landfill
consistent with Climate Action Plan Measure C-SW-2: Food Scrap and Compostable Paper
Diversion. Enabling organic items to reach the compost stream supports the diversion
requirements of California SB1383, the state’s short-lived climate pollutant reduction
regulations.
Fiscal Impact
Staff recommends contracting for technical assistance to help Cupertino’s approximately
200 food service businesses understand and adjust to the requirements of the ordinance if
it is adopted. A consultant who is deeply knowledgeable about food service business
requirements, regulations, supplies, and challenges who also has experience with making
these types of transitions will best be able to provide such assistance. In anticipation of
ordinance approval, funding for an RFP to hire technical support will be put forward as
part of the FY 22-23 budget in the amount of $80,000 to cover support both before and
after the implementation of phase two. Of the $100,000 budgeted to the Single-Use Plastics
Ordinance and Mayor’s Cup Challenge City Work Program Item, it is anticipated that
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approximately $60,000 could be allocated for a technical assistance contract. The balance
would be drawn from the Resource Recovery Enterprise Fund.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs Manager
Reviewed by: Chad Mosley, Acting Director of Public Works
Attachments: Single-Use Plastics Ordinance Elements and Phasing
Draft Single-Use Plastics Ordinance
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Cupertino DRAFT PROPOSED Single-Use Plastics Ordinance
REGULATION OF SINGLE-USE FOOD SERVICE WARE BY FOOD PROVIDERS
6/1/2022 1.5 months after adoption because of AB1276
9.15.110 A ACCESSORIES ONLY UPON CUSTOMER REQUEST
A.1 Accessories and condiments only on request and unbundled for dine-in, take-out, and
delivery apps
A.2 Disallow self-serve stations?
A.3 Plastic straws may be retained and provided as an accommodation
A.4 Encourage bulk condiment dispensers rather than individual packets
A.5 Online ordering for pickup/delivery must provide option to affirmatively opt in to choosing
each accessory piece individually
A.6 Exceptions for instances of drive-through and food deliveries in which items like cup lids, lid
plugs, hot sleeve cups may be offered to prevent spills or safely transport food
A.7 For delivery orders, accessories allowed to prevent spills and deliver safely.
6/1/2023 1 year after accessories
9.15.110 B USE OF NON-COMPLIANT FOODWARE PROHIBITED
B.1 No sale or distribution of Prepared or Raw Food packaged by food providers (including City
Facility Prepared Food Providers) in Cupertino using:
B.1.a Expanded Polystyene foam
B.1.b Single-use plastics (even if accepted as recyclable)
B.1.c Compostables with PFAS
B.1.d Bio-plastics ("compostable plastics")
9.15.120(H)Allow aluminum containers and foil (foil allowed as exemption)
Allow paper, wood, bamboo, or fiber-based compostable items. Allow aluminum containers
and aluminum foil.
B.2 Director of Public Works (or designee) to maintain list of suitable products and/or provide
reference to an approved list
B.3 Exemption for food/beverages prepared and packaged outside of the City
9.15.110 C REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES
C.1 Dine-in requires Reusables
C.1 Allowable: disposable paper food wrappers, sleeves, and bags; foil wrappers; paper napkins;
paper tray and plate liners; and straws if meet requirements.
C.2 Condiments shall not be in single-service packets
C.3 Definition of on-premises as belonging to food provider or shared
C.4 New building permits trigger condition of approval requiring dishwashing capacity to allow
reusables on-premises.
C.4 New business licenses trigger condition of approval requiring dishwashing capacity to allow
reusables on-premises.
C.4 Renewed business licenses trigger condition of approval requiring dishwashing capacity to
allow reusables on-premises beginning.
C.5 Dine-in still allows nonreusable containers for leftovers.
C.6 Waiver/extension option for existing restaurants without dishwashing capacity
Attachment A
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9.15.110 D NONREUSABLE BEVERAGE CUP AND FOOD CONTAINER CHARGES
D.1 Nonreusable cup fee of $0.25
D.2 Nonreusable food container fee of $0.25
D.3 Charges must be identified on the receipt and shown on menus, online, etc.
D.4 Charge is kept 100% by the business
D.5 Economic impact review (arranged by City)
D.6 Fees in A/B may not be waived except for econ hardship exemptions
D.7 Customers may provide their own cups and containers
D.8 Food providers may refuse use of BYO reusables if unsuitable or unsanitary.
D.9 Up to one year full or partial waiver if show undue hardship or practical difficulty.
9.15.110 E SALE OR DISTRIBUTION OF NON-COMPLIANT FOODWARE PROHIBITED
E.1 Ban sale of Nonreusable food service ware that is not compostable or recyclable
E.1 Includes sale of EPS foodware
E.1 Includes sale of all Nonreusable plastic or bio-plastic accessories
E.2 Director may adopt or refrence a list of compliant products
6/1/2024 2 years after accessories
9.15.110 F REUSABLE BEVERAGE CUPS AND CONTAINERS AT EVENTS
F.1 25% reusable beverage containers at Large events (>100 people)
F.1 Phase to 50% by 6/1/2026.
F.2 25% reusable food containers at Large events (>100 people) by 6/1/2026.
F.2 Phase to 50% by 6/1/2028.
F.3 Even producers may provide, lend, sell resuable beverage cups to attendees. Permit app to
show how the requirement will be met.
F.4 Use, handling, sanitation must comply with all laws.
F.5 Certain full or partial waivers available if can't access reusable cups for the event or undue
hardship or practical difficulty
6/1/2023 1 year after accessories, same time as other sale bans
9.15.115 1
Ban on sale or offer of packing materials, including shipping boxes and packing peanuts;
coolers, ice chests, or similar containers; pool or beach toys; or dock floats, mooring buoys,
or anchor or navigation markers; made, in whole or in part, from Polystyrene Foam that is
not wholly encapsulated or encased within a more durable material
2 Distribution of packing materials includes using EPS to hold, cushion, or protect items, but
only where packing takes place in the City.
3 Exemption for receiving shipments from outside the city, reuse of packing materials,
donation of packing materials, use of donated packing materials.
NEW SECTION 9.15.115 CONCERNING REGULATION OF THE LOCAL SALE OF PACKING MATERIALS AND OTHER
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Exemptions
9.15.120 A Exemptions available for unique packaging hardship, unused inventory, or significant
economic hardship
B Unique packaging hardship definition
C Unused inventory definition
D Significant economic hardship definition
E Needs additional time.
F Method of applying for exemption with time limit of 1 year
G Prepackaged food is exempt
H Coolers and ice chests made with expanded polystyrene wholly encapsulated or encased
within a more durable material intended for reuse are exempt
I Food service ware that is entirely aluminum foil is exempt
J Emergencies are exempt
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1
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TO CHANGE THE NAME OF CHAPTER 9.15, REPEAL
SECTION 9.15.110, ADOPT NEW SECTION 9.15.090, AND AMEND SECTIONS
9.15.100, 9.15.110AND 9.15.120 TO REGULATE THE USE OF SINGLE‐USE FOOD
SERVICE WARE BY FOOD PROVIDERS AND REGULATE THE SALE OF SINGLE‐
USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM PACKING
MATERIALS
1.The City Council of the City of Cupertino finds that:
WHEREAS, on February 5, 2014, the City of Cupertino adopted an ordinance to
prohibit food vendors from providing prepared food using food packaging
containing polystyrene foam, currently codified as Chapter 9.15 of the City Code; and
WHEREAS, this ordinance continues to prohibit the sale and use of polystyrene foam
food service ware and also further regulates nonreusable food service ware and food
service ware accessories in Cupertino; and
WHEREAS, the State recently adopted Assembly Bill 1200, which prohibits the sale
or distribution of food packaging made primarily from paper, paperboard, or other
natural fiber that contains per‐ and polyfluoroalkyl substances (PFAS) in California
beginning January 1, 2023; and
WHEREAS, Assembly Bill 1200 does not include a verification mechanism to assist
food providers in identifying whether the food packaging contains PFAS; and
WHEREAS, this ordinance requires that food service ware used by a food provider in
Cupertino be certified as PFAS‐free by an independent third‐party certifying
organization to assist Cupertino food providers in identifying PFAS‐free food service
ware; and
WHEREAS, the State also recently adopted Assembly Bill 1276, which prohibits the
distribution of single‐use food service ware accessories and standard condiments
packaged for single use by food providers except upon request by the consumer; and
WHEREAS, a prohibition of plastics for specified nonreusable food service ware
accessories furthers the City’s goals and is more restrictive than the recently enacted
State law; and
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Ordinance No. __________
Page 2
WHEREAS, this ordinance is consistent with the City of Cupertino’s Zero Waste
Policy and Climate Action Plan that seek to reduce solid waste at its source and reduce
nonreusable food service ware and packaging; and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public
hearing on [date], and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub‐section, paragraph, sub‐paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this
ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or
phrase of this ordinance is held invalid, or its application to any person or circumstance,
be determined by a court of competent jurisdiction to be unlawful, unenforceable or
otherwise void, the City Council declares that it would have adopted the remaining
provisions of this ordinance irrespective of such portion, and further declares its express
intent that the remaining portions of this ordinance should remain in effect after the
invalid portion has been eliminated. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Cupertino Municipal Code, these
provisions shall be construed as continuations of those provisions and not as an
amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
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Ordinance No. __________
Page 3
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action to regulate
the use of single‐use foodware by food providers would have no or only a de minimis
effect on the environment because reducing disposable plastic foodware items such as
straws, utensils, and stirrer sticks and having compostable alternatives offered only upon
request and other provisions of the ordinance would not have the potential for causing a
significant effect on the environment. The foregoing determination is made by the City
Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on [date] and
ENACTED at a regular meeting of the Cupertino City Council on [date] by the following
vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________ ________________________
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Ordinance No. __________
Page 4
Darcy Paul, Mayor
City of Cupertino
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Attachment A – Page 1
Attachment A – AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE
THE USE OF SINGLE‐USE FOOD SERVICE WARE BY FOOD PROVIDERS
NOTE: The existing chapter language is quite brief, so for the purposes of readability
while under development, existing chapter text is highlighted in gray and the rest
shows as plain text.
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double‐underlined text (example)
and text to be deleted in shown in strikethrough (example). Text in existing provisions
is not amended or readopted by this Ordinance. Text in italics is explanatory and is not
an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code,
the new section is shown in plain text.
This ordinance amends several portions of the Municipal Code. For ease of review, the
amendments advancing the primary objective are presented first followed by conforming
amendments. There is a separate heading in bold italics for each portion of the Code
being amended. Each portion is shown beginning on a separate page.
SECTION 1. ADDITION OF SECTION 9.15.090 CONCERNING THE PURPOSES OF
REGULATION OF SINGLE‐USE FOOD SERVICE WARE BY FOOD PROVIDERS
9.15.090 Purpose of Chapter
A.This chapter is determined and declared to be a health, sanitary and safety
measure necessary for the promotion, protection and preservation of the health,
safety and general welfare of the people and environment of the City of Cupertino.
B.Nonreusable disposable food service ware and beverage packaging ‐ including
plates, cutlery, cups, lids, straws, “clamshells” and other containers ‐ are major
contributors to street litter, ocean pollution, marine and other wildlife harm,
depletion of natural resources, and greenhouse gas emissions.
C.Plastic litter breaks down into smaller pieces that are not biodegradable, persist in
the environment on land and sea, and are present in most of the world’s oceans.
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[Brief Description]- Page 2
D.Discharge of litter into waters of the United States is prohibited by the Federal
Clean Water Act and the City’s stormwater pollution prevention permit as issued
by the San Francisco Bay Regional Water Quality Control Board.
E.Among other hazards, plastic debris attracts and concentrates ambient pollutants,
such as endocrine disrupters and persistent organic pollutants, in seawater and
freshwater that can transfer to fish, other seafood, and salt that is eventually sold
for human consumption. Nine of the top ten most common debris items found on
beaches in the U.S. during International Coastal Cleanup Day are nonreusable
food and beverage plastic packaging items, and eight of them are plastic.
F.Forty percent of all plastic produced globally is used to make packaging and one
third of all plastic packaging ends up in the environment.
G.One hundred and twenty (120) billion paper cups are consumed each year in the
U.S. (375 per person per year), generating 2.2 billion pounds of waste, consuming
over 11 million trees, resulting in 4 billion pounds of carbon dioxide emissions,
and requiring the consumption of 35 billion gallons of water to manufacture.
H.In the Bay Area food and beverage packaging comprises the majority of street litter
and is a significant contributor to the total amount of waste entering the waste
stream.
I.Local governments in the U.S. spend $11.5 billion annually cleaning up litter. It is
in the interest of the health, safety and welfare of all who live, work and do
business in Cupertino that the amount of litter on public streets, parks and in other
public places be reduced.
J.Even if accepted by the City of Cupertino’s approved recyclables processor as
recyclable, nonreusable plastic food service ware is often difficult to recycle after
use because it becomes contaminated with food and grease.
K.Many types of disposable food service ware are not accepted in commercial
compost facilities because they cause contamination and lower the quality and
value of compost.
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[Brief Description]- Page 3
L.Food packaging materials, including food contact papers and compostable
paperboard containers and molded plastics, frequently contain harmful per‐ and
polyfluoroalkyl chemicals that are linked to serious health impacts.
M.Approximately 12,000 chemicals are used in food packaging. Many of the chemical
additives used in packaging are known to migrate into food and beverages.
Hundreds of these chemicals are known to be hazardous to human health and in
the environment, and many are extremely persistent and bioaccumulative.
N.The City of Cupertino intends to eliminate solid waste at its source and maximize
recycling and composting in accordance with Cupertino’s Climate Action Plan,
Zero Waste Policy, and stormwater pollution prevention permit.
O.Reducing disposable packaging by eliminating unnecessary items and
transitioning to reusable products provides greater environmental benefits than
managing the products that become waste, even when recycled or composted.
SECTION 2. AMENDMENTS TO SECTION 9.15.100 CONCERNING DEFINITIONS
9.15.100 Definitions
For the purposes of this chapter, the following words and phrases shall have the
meanings ascribed to them by this section, unless the context or the provision clearly
requires otherwise:
1.ʺBeverage Providerʺ means any business, organization, entity, group, or person
that offers liquid, slurry, frozen, semi‐frozen, or other forms of beverages to the
public for consumption. Beverage provider also includes any organization, group
or person that regularly provides beverages to its members or the general public
as a part of its activities or services.
2. “Biodegradable Products Institute (BPI)” refers to a certification program that
ensures that products and packaging displaying the BPI logo have been
independently tested and verified accordingly to scientifically based standards to
successfully break down in professionally managed industrial composting
facilities. BPI‐certified products meet the standards of the American Society for
Testing Materials (ASTM) D6400 or D6868 for compostability. Starting on January
1, 2020, all BPI‐certified products will also be required to have (1) a limit of 100
parts per million (ppm) total Fluorinated Chemicals as the upper threshold for
acceptance and (2) no intentionally added Fluorinated Chemicals.
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[Brief Description]- Page 4
3.“City” means the City of Cupertino.
4.“City Facility” means any building, structure, or vehicle owned or operated by the
City.
5.“City Facility Food Provider” means an entity that provides, but does not sell,
Prepared Food in City Facilities.
6.“County” means the County of Santa Clara.
7.“Compostable” means that an item or material is (1) accepted in City’s available
composting collection program as fully compostable; (2) is listed, described, or
referenced on the City’s website as compostable; and (3) as of January 1, 2020 is
either certified compostable by the Biodegradable Product Institute or other third
party recognized by the Department.
8.“Contractors and Lessees” means any person or entity that has a contract with the
City of Cupertino for public works or improvements to be performed, for a
franchise, concession, or lease of property, for grant monies or goods and services
or supplies to be purchased at the expense of the City of Cupertino.
9. “Director” means the City of Cupertino’s Director of Public Works or their
designee.
10.“Distribute” means the sale, offer for sale, or other transfer of possession of an item
for compensation, either as a separate transaction or as part of the sale, offer for
sale, or other transfer of possession of another item for compensation.
11.“Egg Carton” means a carton for raw eggs sold to consumers from a refrigerator
case or similar retail appliance.
12.“Event” means any indoor event at a City facility, or any outdoor event subject to
a City permit, where more than 100 people attend or participate.
13.“Event Food Vendor Provider” means any business selling or providing based on
ticket purchase or entrance fee, Prepared Food at an Event.
14.“Event Producer” means a person or entity who contracts with or obtains a permit
from the City, or an agent acting on the City of Cupertino’s behalf to hold its own
Event, or City of Cupertino staff holding an Event.
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[Brief Description]- Page 5
15.“Fluorinated Chemical” means a class of fluorinated organic compounds
containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl
and polyfluoroalkyl substances, or PFAS chemicals.
16.“Fluorinated Chemical Free” means an item that (1) contains no intentionally
added Fluorinated Chemicals, (2) is listed, described, or referenced as fluorinated
chemical free on the City’s website; and (3) is either certified by the Biodegradable
Product Institute or other third party as recognized by the City of Cupertino.
17.“Food Container” means a container, bowl, plate, tray, or other vessel used to hold
Prepared Food.
18.“Food Provider” means any establishment, provider, Non‐Profit Vendor, or
business, operating within the City that sells Prepared Food (1) to the public for
consumption on or off its premises, at a catered event, and/or (2) at cafeterias,
schools and places of employment, whether or not such establishments are open
to the general public. “Food Provider” includes but is not limited to, restaurants,
retail food establishments, caterers, cafeterias, stores, shops, retail sales outlets,
grocery stores, delicatessens serving the public, mobile or temporary food
providers, vehicles or carts, or roadside stands.
19.“Food Service Ware” means any products used for serving or consuming
prepared food and includes, but is not limited to, cups, bowls, plates, trays,
cartons, boxes, wrapper or liners, hinged or lidded containers (Clamshells), and
other items used as part of food or beverage service or in which Prepared Food is
placed or packaged on a Prepared Food Provider’s premises.
20.“Food Service Ware Accessory” means any type of accessory or accompanying
items usually provided alongside Prepared Food in plates, containers, bowls, or
cups, including but not limited to utensils, chopsticks, napkins, cup lids, cup
sleeves, food or beverage trays, condiment packets and saucers, straws, stirrers,
splash sticks, spill plugs, cocktail sticks, and toothpicks.
21.ʺFood vendorʺ means any establishment located in the City of Cupertino that sells
or otherwise provides prepared food for consumption on or off its premises, and
includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee
shop, cafeteria, caterer, convenience store, liquor store, grocery store,
supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand.
22.“Meat and Fish Tray” means a tray for raw meat, fish, or poultry sold to consumers
from a refrigerator case or similar retail appliance.
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[Brief Description]- Page 6
23. “Natural Fiber” means a plant‐ or animal‐based, non‐synthetic fiber, including
but not limited to paper, wood, or bamboo. Natural Fiber does not include plastic
of any kind.
24.“Nonreusable” means not meeting the definition of Reusable in these definitions.
25.“Packing Material” means material used to hold, cushion, or protect items packed
in a container for shipping, transport, or storage.
26.“Person” means an individual, trust, firm, joint stock company, corporation
including a government corporation, partnership, or association.
27.“Per and Polyfluoroalkyl Substances” means, for the purposes of food packaging,
a class of fluorinated organic chemicals containing at least one fully fluorinated
carbon atom.
28.“Polystyrene” means a thermoplastic petrochemical material utilizing a styrene
monomer, including but not limited to rigid polystyrene or expanded polystyrene,
processed by any number of techniques including, but not limited to, fusion of
polymer spheres (expandable bead polystyrene), injection molding, expanded
polystyrene molding, extrusion‐blown molding (extruded polystyrene), and clear
or solid polystyrene (oriented polystyrene). Polystyrene is generally used to make
cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons. The
resin code for Polystyrene is ‘6’ or ‘PS,’ either alone or in combination with other
letters. This definition applies to all polystyrene food service ware, regardless of
whether it exhibits a resin code.
29.ʺPrepared foodʺ means food or beverages that are packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises.
ʺPrepared foodʺ does not include:
a.Any raw, uncooked meat products, fruits, or vegetables, unless it is
intended for consumption without further preparation; or
b.Prepackaged food that is delivered to the food vendor wholly encased,
contained or packaged in a container or wrapper, and sold or otherwise
provided by the food vendor in the same container or packaging.
30.“Prepared Food Provider” means any establishment, vendor, or business,
operating within the City that sells Prepared Food or beverages (1) to the public
for consumption on or off its premises, at a catered event, and/or (2) at cafeterias,
private schools and places of employment, whether or not such establishments are
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open to the general public. “Prepared Food Provider” includes but is not limited
to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, retail
sales outlets, grocery stores, delicatessens serving the public, mobile or temporary
food vendors, vehicle or carts, or roadside stands.
31.“Produce Tray” means any tray or carton for raw vegetables or fruit sold to
consumers from a refrigerator case or similar retail appliance.
32.“Raw Food” means any meat, fish, poultry, vegetable, fruit, or egg.
33.“Recyclable” means material that can be sorted, cleansed, and reconstituted and
accepted by the City’s available recycling collection programs for the purpose of
using the altered form in the manufacture of a new product. The term does not
include material that will be burned, incinerated, or converted through
gasification, pyrolysis, solvolysis, hydropyrolysis, methanolysis, enzymatic
breakdown or a similar chemical conversion process used to transform materials
into plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude
oil, diesel, gasoline, or home heating oil.
34.“Reusable Food Service Ware” means all food service ware, including plates,
bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is
manufactured of durable materials and that is specifically designed and
manufactured to be washed and sanitized and to be used repeatedly over an
extended period of time, and is safe for washing and sanitizing according to
applicable regulations.
35.“Standard Condiments and Spices” means relishes, spices, sauces, confections, or
seasonings that require no additional preparation and that are usually used on a
food item after preparation, including ketchup, mustard, mayonnaise, soy sauce,
hot sauce, salsa, salt, pepper, sugar, and sugar substitutes or others as determined
by the City.
36.“State” means the State of California.
37.“Takeout Food” means Prepared Food requiring no further preparation, which is
purchased to be consumed off a Prepared Food Facility’s premises. Takeout Food
includes Prepared Food delivered by a Food Facility or by a third‐party Takeout
Food Delivery Service.
38.“Takeout Food Delivery Service” is a service that delivers Takeout Food from a
Food Facility to a customer for consumption off the premises. This service can be
provided directly by the Food Facility or by a third‐party.
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39.“Third Party Food Delivery Platform” means a business engaged in the service of
online food ordering and/or delivery from a Prepared Food Provider to a
consumer.
SECTION 3. AMENDMENTS TO SECTION 9.15.110 CONCERNING REGULATION
OF SINGLE‐USE FOOD SERVICE WARE BY FOOD PROVIDERS
9.15.110 Regulation of Food Service Ware by Food Providers
No food provider shall sell or otherwise provide prepared food in single‐use plastic or
expanded polystyrene food service ware.
A.ACCESSORIES ONLY UPON CUSTOMER REQUEST
Effective 6/1/2022
1.Food providers shall provide Nonreusable Food Service Accessories and Standard
Condiments in single serve packets only upon request by customers during on‐
premises dining or when using a third‐party food delivery platform. Nonreusable
Food Service Ware Accessories and Standard Condiments packaged for single use
provided by Prepared Food Providers for use by consumers shall not be bundled
or packaged in a manner that prohibits a consumer from taking only the type of
Nonreusable Food Service Ware Accessory or Standard Condiment desired
without also having to take a different type of Nonreusable Food Service Ware
Accessory or Standard Condiment
2.Self‐serve accessory stations will be prohibited.
3.Food providers and beverage providers, as well as City facilities, City‐managed
concessions, City‐sponsored events, and City‐permitted events, may retain and
dispense plastic straws as an accommodation to people with disabilities who
request them to enjoy equal access to food and beverage services within the City.
4.Prepared Food Providers offering Standard Condiments and Spices are
encouraged to use dispensers or bulk containers rather than pre‐packaged
individual serving packets.
5.Takeout Food Delivery Services that utilize digital ordering/point of sale
platforms, including but not limited to the internet and smart‐phone, shall only
offer Disposable Food Service Ware Accessories by providing clear options for
customers to affirmatively request these items separate from orders for food and
beverages. The default option on the digital ordering/point of sale platforms shall
be that no Disposable Food Service Ware Accessories are requested. Each
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individual Disposable Food Service Ware Accessory (e.g., each fork, knife,
condiment packet, napkin, etc.) provided with Prepared Food must be specifically
requested by the customer in order for a Food Facility to provide it.
6. A Prepared Food Provider may ask a drive‐through consumer if the consumer
wants a Nonreusable Food Service Ware Accessory if the Nonreusable Food
Service Ware Accessory is necessary for the consumer to consume ready‐to‐eat
food, or to prevent spills of or safely transport ready‐to‐eat food.
7.For delivery orders, Prepared Food Providers may choose to include specific
accessories, such as cup lids, spill plugs, and trays, in order to prevent spills and
deliver food and beverages safely.
B.USE OF NON‐COMPLIANT FOOD SERVICE WARE PROHIBITED
Effective 6/1/2023
1.Prepared Food or Raw Food or Beverage Providers, including City Facility
Prepared Food Providers, City contractors, and lessees may not sell, offer for sale,
or otherwise Distribute Prepared Food or Raw Food prepared or packaged in
Cupertino using:
a.Nonreusable Food Service Ware made, in whole or in part, from
Polystyrene Foam;
b.Nonreusable Food Service Ware made, in whole or in part, from plastic
including polyethylene, polyethylene terephthalate, polypropylene,
polystyrene, even if accepted as recyclable by the City’s approved
recyclables processing facility;
c.Nonreusable Food Service Ware that is Compostable and not free of
Fluorinated Chemicals;
d.Nonreusable Food Service Ware made in whole or in part from bio‐ or
plant‐based plastic or other compostable plastic.
2.The Director may adopt a list, or reference an approved list, of suitable alternative
Compostable or Recyclable Nonreusable Food Service Ware products, which
means Nonreusable Food Service Ware products that the Director determines
serve the same intended purpose as non‐compliant products, meet the standards
for what is Compostable and/or Recyclable under this Chapter, and are reasonably
affordable. The Director shall regularly update the list. If a product is included on
the Director’s list, it will be deemed to comply with this Section. If a product is not
included on the Director’s list or referenced on an approved list, the person using
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the product as Nonreusable Food Service Ware will have the burden of
establishing to the Director’s satisfaction that the product complies with this
Section.
3.It shall not be a violation of this Section to sell, provide, or purchase Prepared Food
or Raw Food or Beverage packaged in Nonreusable Food Service Ware otherwise
prohibited by subsection (1) if the Prepared Food or Raw Food or Beverage is
packaged outside the City and is sold or otherwise provided to the consumer in
the same Nonreusable Food Service Ware in which it originally was packaged.
Businesses packaging Prepared Food outside the City are encouraged to use
Nonreusable Food Service Ware that is Compostable or Recyclable, is
Compostable and free of Fluorinated Chemicals, and is not made, in whole or in
part, from Polystyrene.
C.REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES
Effective 6/1/2023
1.Prepared Food served for consumption on the Prepared Food Provider’s premises
shall be served only on Reusable Food Service Ware, except that disposable paper
food wrappers, sleeves, and bags, foil wrappers, paper napkins, paper tray and
plate liners, and straws shall be permitted, so long as they meet the requirements
set forth elsewhere in this Chapter.
2.Condiments, such as sauces, ketchup, or mustard, provided for on‐site
consumption, shall not be served in disposable, individual‐serving packets.
3.Consumption is considered on‐premises if it takes place at tables and/or seating
provided by the Prepared Food Provider either on its own or in conjunction with
another Prepared Food Provider.
4.New building permits and new or renewed business licenses for Food Service
Providers applied for, and/or deemed complete after 6/1/2023 shall only be
granted to Prepared Food Providers that can demonstrate adequate capacity to
comply with subsection (C.1) herein.
5.This requirement does not prohibit a Prepared Food Provider from providing,
upon a customer’s request, Nonreusable Food Service Ware compliant with
subsection (B.1) for the customer to take away leftover Prepared Food after dining
on the premises.
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6.Prepared Food Providers subject to the requirements of subsection (C.1) that do
not have onsite or off‐site dishwashing capacity, or are unable to contract for
services to wash, rinse, and sanitize Reusable Food Service Ware, in order to
comply with applicable provisions of the California Health and Safety Code, may
petition the Director for an exemption or extension under 9.15.120.
D.NONREUSABLE BEVERAGE CUP AND FOOD CONTAINER CHARGES AND
CREDITS
Effective 6/1/2023
1.No Prepared Food Vendor shall provide a Nonreusable Beverage Cup to a
customer who is paying for a beverage to take off the premises (i.e. for takeout),
unless the Prepared Food Provider charges the customer a Nonreusable Cup fee
of at least $0.25 per cup. A Food Vendor shall provide notice of this charge to each
customer prior to completing the customer’s order.
2.No Prepared Food Vendor shall provide a Nonreusable Food Container to a
customer paying for Prepared Food to take off the premises (i.e. for takeout) unless
the Food Vendor charges the customer a Nonreusable Food Container fee of at
least $0.25 per Nonreusable Food Container. A Prepared Food Vendor shall
provide notice of this charge to each customer prior to completing the customer’s
order.
3. Charges for Non‐Reusable Cups and Containers shall be identified separately on
any post‐sale receipt provided and, pre‐sale, shall be clearly identified for the
customer on media such as menus, ordering platforms, and/or menu boards.
Customers placing orders by telephone shall be informed verbally of Non‐
Reusable Cup and Container charges.
4. (Charge option) The $0.25 fee imposed under subsections (D.1) and/or (D.2) of
this Section shall be retained by the Prepared Food Vendor. Third‐party food
delivery services that process and/or deliver orders on behalf of Prepared Food
Vendors and collect payment on behalf of Prepared Food Vendors shall remit the
$0.25 charge to the Food Vendor.
5.No earlier than 18 months, and no later than 24 months, after implementation of
subsections (D.1) and/or (D.2) of this Section, the City shall arrange for a separate
assessment and review of the economic impact on Prepared Food Vendors, both
large and small, of the Nonreusable Cup Charge and the Nonreusable Food
Container Charge. Based on such assessment and review, the City shall submit an
analysis to the City Council of each charge type. Each analysis shall be based on
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criteria deemed relevant by the City, but shall include a survey of whether and
how the charge specifically has impacted Prepared Food Vendors’ profits and
losses.
6.Prepared Food Vendors may not waive or absorb the charges imposed in
Subsections (D.1) and (D.2) except in the case of economic hardship as
demonstrated by any customer provisioning, at the point of sale, a payment card
or voucher issued under the California Special Supplemental Food Program for
Women, Infants, and Children (WIC), or the California Department of Social
Services Food Stamp Program or an Electronic Benefit Transfer card (EBT), or a
MediCare (or California equivalent) benefits identification card (BIC) .
7.Customers may provide their own Reusable Beverage Cup or Container for food
or beverage service.
8.Should customers provide their own Reusable Beverage Cup for beverage service,
Prepared Food Providers may refuse, at their sole discretion, any customer‐
provided Reusable beverage cup that is an inappropriate size, material, or
condition for the intended beverage or that appears to be soiled or unsanitary.
Prepared Food Providers may instead require use of a reusable beverage cup
provided by the Prepared Food Provider for a beverage to be consumed on the
premises, or a Nonreusable Cup that confirms to the requirements of Section B.1,
along with any charge required pursuant to Section D.1 and D.2.
9.Any Prepared Food Vendor may petition the Director for a full or partial
exemption from the requirements of this Section per Section 9.15.120, except those
set forth in subsections (D.1) and (D.2), for a period of up to one year at a time, if
the owner or operator can demonstrate that application of the specified provisions
of this Section would create undue hardship or practical difficulty for the Prepared
Food Vendor not generally applicable to other Prepared Food Vendors in similar
circumstances.
E.SALE OR DISTRIBUTION OF NON‐COMPLIANT FOOD SERVICE WARE
PROHIBITED
Effective 6/1/2023
1.No person may sell, offer for sale, or otherwise Distribute within the City any
Nonreusable Food Service Ware prohibited under Section B.1.
2.Per Section B.3, the Director may adopt, maintain, or reference a list of compliant
products.
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F.REUSABLE BEVERAGE CUPS AND CONTAINERS AT EVENTS
Effective 6/1/2024
1.Event Producers providing beverages at Events must ensure that 25% of beverages
served to attendees are in Returnable or customer‐provided Reusable Beverage
Cups. Effective 6/1/2026, a minimum of 50% of beverages provided at events shall
be provided to attendees in Reusable Cups.
2.Beginning 6/1/2026 (2 years after beverage requirement) Event Producers
providing Prepared Food at Events must ensure that 25% of food served to
attendees is in Returnable or customer‐provided Reusable Containers. Beginning
6/1/2028, a minimum of 50% of prepared food items provided at events shall be
provided to attendees in Reusable Containers.
3.To meet the requirement in subsection (F1) and (F2), Event Producers may
provide, lend, or sell Reusable Beverage Cups and Containers to Event attendees,
and promote or incentivize attendees to bring their own Reusable Beverage Cups
and Containers. A permit application for any Event must indicate how the
requirement in subsection (F1) and (F2) shall be met. The Event Producerʹs selected
method for meeting the requirement in subsection (F1) and (F2) must be included
in any contract, agreement, or permit for the Event.
4.Use, handling, and sanitation of Reusable Beverage Cups and Containers at Events
must comply with all applicable state and local laws, regulations, and guidelines.
5.Any Event Producer may petition the Director for a full or partial waiver of the
requirements of this Section as they apply to a particular Event, if the Event
Producer can (1) demonstrate that the Event Producer is not able to access
Reusable Beverage Cups or Containers for the Event, or (2) that the application of
this Section would create undue hardship or practical difficulty for the Event
Producer that is not generally applicable to other Event Producers in similar
circumstances.
SECTION 4. ADDITION OF NEW SECTION 9.15.115 CONCERNING REGULATION
OF THE LOCAL SALE OF PACKING MATERIALS AND OTHER PRODUCTS
MADE FROM EXPANDED POLYSTYRENE
Effective 6/1/2023
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9.15.115 Regulation of Local Sale of Packing Materials and Other Products Made from
Expanded Polystyrene
1.No person may sell, offer for sale, or otherwise Distribute for compensation
within the City: Packing Materials, including shipping boxes and packing
peanuts; coolers, ice chests, or similar containers; pool or beach toys; or dock
floats, mooring buoys, or anchor or navigation markers; made, in whole or in
part, from Polystyrene Foam that is not wholly encapsulated or encased within
a more durable material.
2.For purposes of this section, Distribution of Packing Materials shall include
using such materials to hold, cushion, or protect items to be packed in a
container for shipping, transport, or storage, for compensation, where the
packing takes place within the City.
3.For purposes of this Section, Distribution of Packing Material shall not include:
a.Receiving shipments within the City that include Expanded
Polystyrene, or some other non‐Compostable and non‐Recyclable
product, used as Packing Material;
b.Re‐using Packing Materials within the City for shipping, transport, or
storage within the same distribution system, where the Packing
Materials are not sent to a consumer or end user;
c.Donating used Packing Materials within the City to another person,
where the donor receives nothing of value for the donated Packing
Materials; or.
d.Using Packing Materials donated under subsection (C) for shipping,
transport, or storage, where the person using the Packing Materials
receives nothing of value for the donated Packing Materials.
SECTION 4. AMENDMENTS TO SECTION 9.15.120 CONCERNING EXEMPTIONS
A.A food vendor may seek an exemption from the requirements under Section
9.15.110 due to a ʺunique packaging hardshipʺ under Subsection B of this section,
ʺunused inventoryʺ under Subsection C of this section, or “significant economic
hardship” under Subsection D, or request a temporary exemption to request extra
time for compliance under Subsection E.
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B. The food vendor must demonstrate that no reasonably feasible alternative exists
to a specific and necessary prohibited nonreusable food service ware item to
qualify for a ʺunique packaging hardshipʺ exemption.
C. The food vendor must demonstrate that before [new effective date of this
ordinance], it purchased the prohibited food service ware, which cannot be
returned to the distributor, and, despite the food vendorʹs best efforts, will remain
in inventory on[date], to qualify for an ʺunused inventoryʺ exemption.
D. The food vendor must demonstrate that the provisions of this Chapter would
cause significant economic hardship. “Significant economic hardship” may be
based on, but not limited to, demonstrating that suitable Nonreusable Food
Service Ware is not available at a commercially reasonable price and the additional
cost associated with providing the Disposable Food Service Ware is particularly
burdensome to the Food Facility based on the type of operation(s) affected, the
overall size of the business/operation, the number, type and location of its
facilities, the impact on the overall financial resources of the Food Facility, and
other factors. Reasonable added cost for a suitable item as compared to a similar
item that the Food Facility can no longer use shall not by itself constitute adequate
grounds to support an exemption for such item. In determining whether a
significant economic hardship has been established, the Director or designee shall
consider the following information: ability of the Food Facility to recover the
additional expense by increasing its prices; the availability of tax credits and
deductions; outside funding; and other options.
E. The food vendor must demonstrate that for other reasons not already stated it
needs additional time to comply with the provisions of this Chapter.
F. The food provider may submit a written application for an exemption on a form
provided by the Environmental Programs Division. The Director of Public Works
designee (ʺDirectorʺ) may require the applicant to submit additional information
or documentation to make a determination regarding the exemption request. A
request for exemption shall be reviewed on a case by case basis, and may be
granted in whole or in part, with or without conditions, for a period of up to one
year. . The determination of the Director shall be final and is not subject to appeal.
G. Prepackaged Food is exempt from the provisions of this Chapter.
H. Coolers and ice chests made with expanded polystyrene wholly encapsulated or
encased within a more durable material intended for reuse are exempt from the
provisions of this Chapter.
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I.Disposable Food Service Ware that is entirely Aluminum Foil‐based is exempt
from the provisions of this Chapter.
J.Temporary exemptions due to an emergency are automatic without the
submission of a request for an exemption. An emergency is defined as a sudden,
unexpected occurrence posing a clear and imminent danger that requires
immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services. Examples of an emergency include, but are
not limited to natural disasters, emergencies due to the release of hazardous
materials, emergencies associated with loss of power and/or water, or emergency
medical response.
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CITY OF CUPERTINO
Legislation Text
Subject: Update on sustainable infrastructure projects, including energy efficiency and solar projects
for city-owned properties with Public Works
Receive update and provide any feedback
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CITY OF CUPERTINO
Legislation Text
Subject: Earth and Arbor Day planning
Receive staff update on Earth and Arbor Day plans and provide any feedback
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CITY OF CUPERTINO Printed on 1/13/2022Page 1 of 1
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