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CC 09-16-2025 Item No. 17 MOU City of Cupertino and public agencies in Santa Clara County_Desk ItemCC 09-16-2025 Item No. 17 MOU City of Cupertino and other local public agencies in Santa Clara County Desk Item CITY COUNCIL STAFF REPORT DESK ITEM Meeting: September 16, 2025 Agenda Item # 17 Subject Memorandum of Understanding (MOU) between the City of Cupertino and other local public agencies in Santa Clara County to fund the Composting Education Program in the amount of $9,186.90 (January 2026 – June 30, 2027, with an option for a two-year extension) Recommended Action Authorize the City Manager to execute an MOU between the City of Cupertino and other local public agencies in Santa Clara County to fund the Composting Education Program and allocate $9,186.90 from Resource Recovery Fund 520 for Cupertino’s share of program costs for the term January 2026 – June 30, 2027, with no impact to the General Fund. Background: Staff’s responses to questions received from councilmembers are shown in italics. Q1: The contract on the agenda is "to fund the Composting Education Program in the amount of $9,186.90 (January 2026 – June 30, 2027, with an option for a two-year extension)." Does the contract come back to the Council for approval before expending for two more years? Staff response: The contract could come back to Council if so directed but that is not legally required. If the answer is no, the total cost of this agenda item, if approved, is in fact 3 x $9,186.90 for the next three years, right? Staff response: The cost per year is $4,593.45. The initial agreement term covers FY 25-26 and FY 26-27 for a total of $9,186.89. An extension of two years would cover FY 27-28 and FY 28-29 at a similar total (most likely adjusted by CPI) that would be agreed upon by the parties. Q2: The staff report states "The activities will be funded by the City through Resource Recovery Fund 520, with no impact to the General Fund." What has the City budgeted Resource Recovery Fund 520 for in the past? How much total funding is there a year from this fund? The funding source? Staff response: Resource Recovery Fund 520 funds the Resource Recovery program within the Environmental Programs division of Public Works. The Resource Recovery program manages the City’s garbage and recycling franchised hauler contract and provides garbage and recycling customer service for residents and business owners; manages the City's garbage disposal contract; develops and implements programs to comply with State source reduction and recycling mandates; and represents the City on countywide committees. The public education and outreach programs led by this division include visits to businesses and apartment complexes to provide recycling instruction, kitchen containers, and visual materials; presentations at events and schools and employee training for businesses on-site as needed. Approved budget for Resource Recovery for FY 25-26 is approximately $2.96 million. Resource Recovery Fund 520 is an Enterprise Fund receiving revenue from the solid waste collection franchise. Q3: This item is a contract for $9,186.90 for the duration of one year: January 2026 – June 30, 2027. The staff report states "In 2024, the CEP conducted 37 compost workshops, 21 events, and worked at 24 schools across Santa Clara County, including two events hosted in Cupertino. Fifty-two Cupertino residents attended workshops in 2024, up from 41 in 2023." So, we are spending over $9100 for the 52 residents who attend the workshop. Staff response: As noted in the staff report, the following services would be provided under the scope of the MOU: • Educational Outreach and Workshops o Workshop delivery – at least 25 workshops across the County, including 3-6 workshops specifically in the Central area of the county. o Community engagement – participation in 15 community events across the County, including some in Cupertino, such as Earth and Arbor Day Festival. o School composting education and support – support at least ten K-12 schools, 1500 students, and installation of compost systems in up to five K-12 schools (countywide). • Technical Support and Services o Direct assistance – referrals, online requests. o Resource distribution – inform participants about access to free compost bins for Cupertino residents who complete trainings. • Program Development and Expansion o Regulatory compliance outreach – develop and expand outreach on SB1383 requirements, organic waste recycling, food waste reduction, and curbside collection. o Demonstration site operation and enhancement o Master composter volunteer training Q4: Some cities have not opted in to the MOU to providing funding for the program, such as Sunnyvale. What are those cities? Will their residents still attend the composting workshops, paid for by Cupertino? Staff response: All jurisdictions in the County were given the option to provide funding. The cities that did not opt in were Sunnyvale, Campbell, Monte Sereno, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Saratoga. Non-participating jurisdictions will not be able to host workshops, but any resident in Santa Clara may attend any workshop. Q5: The staff report states "The Composting Education Program has historically been funded by the Solid Waste Planning Fee (SWPF) which is assessed on each ton of waste disposed of in a landfill in Santa Clara County. ... The successful implementation of SB 1383 organics diversion programs has significantly reduced landfill disposal tonnage countywide, causing SWPF revenue to decrease. At the same time, the costs of the programs have been increasing." It seems such a county- wide program should be funded by the County. Have they requested funding from the County? Staff response: The County provides space for the CEP to operate at the Berger Drive location. The County was unable to provide funding for the whole program but as a jurisdiction, Unincorporated County is participating. Q6: The staff report states "... significantly reduced landfill disposal tonnage countywide, causing SWPF revenue to decrease. At the same time, the costs of the programs have been increasing." How much has the program cost increased in the past years and why? What has been done to control the cost of the program, given the reduction in funding? Staff response: CEP cost in recent years has increased by about 4% per year largely due to CPI adjustment. When advised of the budget issues experienced by the Recycling and Waste Reduction Commission as a result of declining SWPF revenue, the CEP scaled back its budget, reducing and consolidating staffing and relying more on volunteers. Budget was further scaled back to reflect the reduction in participating jurisdictions. Attachments Provided with Original Staff Report: A – FY 25-27 Draft MOU