SC 10-24-2019 (Special) CITY OF CUPERTINO SUSTAINABILITY COMMISSION
Environmental Education Center,22221 McClellan Road
Thursday,October 24,2019 4:00 p.m.
SPECIAL MEETING MINUTES
PLEDGE OF ALLEGIANCE
At 4:02 p.m.Chair Weber called the meeting to order and led the Pledge of Allegiance.
ROLL CALL
Commissioners Present:Anna Weber, Gary Latshaw,Meera Ramanathan,Angela Chen,Vignesh
Swaminathan(arrived @ 4:04 p.m.).Absent: None.
Staff: Andre Duurvoort, Sustainability Manager;Gilee Corral, Sustainability Program Coordinator
Guests:Members of the public
APPROVAL OF MINUTES
1. Subject: Minutes from September 19,2019
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Vice-Chair Latshaw moved and Commissioner Ramanathan seconded to approve the minutes from September
19.The motion carried.Ayes:Weber,Latshaw, and Ramanathan.Noes:None.Abstain: Chen.Absent:
Swaminathan.
POSTPONEMENTS -None.
ORAL COMMUNICATIONS
Bruce Karney talked about a new Civic Engagement Training for youth and distributed a handout.
Chair Weber moved and Vice-Chair Latshaw seconded to reorder the agenda items as follows:Item#3 then
agenda resumption at Item#2.The motion carried unanimously.
WRITTEN COMMUNICATIONS—None.
NEW BUSINESS j
3. Subject:Presentation from staff on draft Climate Action Plan progress report
Gilee Corral gave a presentation on the draft CAP progress report for 2018.
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Chair Weber opened public comment and the following individuals spoke:
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Jennifer Griffin talked about trees and the benefits of mature trees in the community.
Dashiell Leeds on behalf of the Sierra Club Loma Prieta Chapter talked about building retrofits,educating j
installers and residents, and cooperating to set regional goals around existing buildings.
Chair Weber closed public comment and the Commission discussed the CAP report update. Vice-Chair
Latshaw asked about the increase in natural gas usage in the community, and staff answered that it was due to
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increases in the nonresidential sector.Vice-Chair Latshaw asked if the City has authority to control
nonresidential natural gas usage via licensing.The Commission discussed the idea, raising further questions
about whether it would be a tax,if the Commission could take it up as a Work Program item, etc.
Vice-Chair Latshaw started to make a motion to establish the regulatory authority the City has over existing
businesses.The Commission discussed the motion wording.
Commissioner Swaminathan moved and Vice-Chair Latshaw seconded to add to a future Commission agenda
to discuss the City's authority to use a licensing or fee structure to restrict natural gas usage in facilities.The
motion carried unanimously.
OLD BUSINESS
1. Subject:Discuss policy options on green building code local amendments,including regional building
electrification reach codes and consideration of CALGreen Tier 1 and 2 options
Corral provided procedural guidance and reviewed the Commission's options for making a recommendation
to Council on the reach codes. Andre Duurvoort presented staff s policy recommendations and a summary of
public feedback received to date on Cupertino's reach code adoption process.His presentation included
information on recent Council actions and draft reach code policies from neighboring cities for context.
Duurvoort noted Silicon Valley Clean Energy(SVCE)'s heat pump water heater program and an upcoming
BayREN homeowner workshop on November 6th.
Chair Weber opened public comment and the following individuals spoke:
Bruce Naegel talked about concerns of indoor pollution and emissions associated with natural gas usage and
spoke in favor of minimizing the amount of natural gas usage.
Jennifer Griffin talked about the process of adopting reach codes,the recent PG&E power outage,propane
tanks and generators, and expressed her desire to ensure the public understands what the reach codes involve.
Ida Rose Sylvester on behalf of Fossil Free Buildings Silicon Valley spoke in favor of an all-electric reach code.
Dashiell Leeds on behalf of the Sierra Club Loma Prieta Chapter spoke in favor of an all-electric reach code
similar to the City of Mountain View's reach code-distributed written comments.
Sharon Refrem on behalf of AIA Silicon Valley spoke in favor of an all-electric reach code.
David Kaneda(Cupertino resident) spoke in favor of an all-electric reach code with no exceptions for gas
cooking.
Rhoda Fry(Cupertino resident) spoke in favor of an all-electric reach code and Tier 2 requirements if allowing
for mixed fuel,especially in high density projects,with no exemptions for low income housing. She expressed
her desire for the City to look into fire codes for continuous insulation.
Chair Weber closed public comment and the Commission engaged in an extensive discussion on the reach
code policy options.Multiple considerations, questions, and issues were raised,including:
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• Vice-Chair Latshaw raised the urgency of climate change and arctic heating, spoke in favor of a natural
gas ban,noted that cost of construction is already so high, the increase cost of a gas line will not
disincentivize developers from installing gas.
• Commissioner Ramanathan agrees with electrification, raised the need for backup power during
outages.PG&E's Power Safety Shutoff events and implications of these events on the reach code policy;
backup power options. Duurvoort clarified that reach codes will not preclude anyone from having
diesel of propane backup generators outside of their house or building.
• Staff recommendations on low rise residential as "mostly electric"were designed to gain the most
benefit in greenhouse gas (GHG)emissions reduction for the least cost.
• Commissioner Swaminathan raised need to consider longer term impacts of a natural gas ban, gas
infrastructure as stranded assets. Duurvoort recommended adding the transition from natural gas as a
discussion item for the November Commission meeting.
• SVCE incentives;options for incentivizing renovation or capping existing gas lines versus requiring all
electric new construction;cost effectiveness requirements by the state;confusion for developers having
to comply with different codes in the region.
• Use of exemptions,how to treat ADUs,whether to exempt commercial kitchens from an all-electric
requirement, desire to protect facilities that serve vulnerable populations(i.e.hospice care),how to
treat other uses(i.e.laboratories),need to balance burden on staff in dealing with lots of exemption
requests from developers.Duurvoort clarified that hospitals and educational facilities are not affected
by this building code amendment.
The Commission discussed draft policy options from the City of Mountain View and there was general
agreement that the Mountain View approach was in the right direction.
Commissioner Swaminathan made a motion to keep residential at the "2A"level per staff recommendation,
require all electric for commercial, and keep multi-family at the"high reach"level. The Commission discussed
the motion and it was withdrawn.
Commissioner Ramanathan moved to recommend to Council a reach code policy that would require
commercial office and retail to be all electric. Vice-Chair Latshaw seconded the motion. Commissioner
Swaminathan asked if it would include the land use that Mountain View defined,the Commission briefly
discussed this.The motion passed unanimously.
Commissioner Swaminathan asked a member of the public who spoke at public comment who is a
professional architect if an all-electric code would slow down the permitting process for residential
development;she replied that she did not think it would,that it would be the same or faster for all electric as
for mixed fuel,with cost savings up front for the developer.
Duurvoort created a slide in his presentation to capture the Commissions recommendations to City Council
on the building reach code policy.The Commission agreed policy recommendations for the building reach
code as follows:
Single-Family/Duplex (including detached ADUs)
All-Electric Required— (includes Heating/Cooling,Water Heater, Clothes Dryer,Cooking Appliances,
Fireplace and Fire Pit)
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High rise Multi-Family(4+stories) Mixed-Use,Hotel/Motel:
• All-Electric Required — (includes Heating/Cooling,Water Heater,Clothes Dryer,Cooking Appliances,
Fireplace and Fire Pit).
• For-Profit Kitchen applicants may appeal to use natural gas for cooking equipment,if listed.
• electrical equivalent alternative is not available. (This language is draft;final language to address
Council-approved revision TBD).
• Prewiring is required for future use of electric appliances where natural gas installed.
Commercial(Office, retail):
• All Electric—Heating/Cooling,Water Heater, Clothes Dryer, and Cooking Appliances.
• Natural Gas allowed in no cases.
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• For-Profit Kitchen applicants may appeal to use natural gas for cooking equipment,if listed electrical
equivalent alternative is not available. (This language is draft;final language to address Council-
approved revision TBD).
• Prewiring is required for future use of electric appliances where natural gas installed.
Commissioner Swaminathan made a motion and Vice-Chair Latshaw seconded to approve the policy
recommendations as stated above.The motion passed unanimously.
The Commission took a break at 7:10 p.m. and Chair Weber resumed the meeting at 7:15 p.m.
Duurvoort reviewed the SVCE model code for electric vehicle charging infrastructure.He noted that there is
not a known"optimal" level for EV charging, and that a cost effectiveness study is not required for these
measures.The Commissioners discussed the model code with some discussion,including possibility of going
to 100%for EV charging for multifamily(Vice-Chair Latshaw), changing nature of clean vehicle tech and
consideration of hydrogen fuel cell adoption (Commissioner Swaminathan).
Vice-Chair Latshaw made a motion and Commissioner Swaminathan seconded to recommend that City
Council adopt the Silicon Valley Clean Energy model code electric vehicle infrastructure policy
recommendations as presented by staff.The motion carried unanimously.
Commissioner Swaminathan left at 7:35 p.m.
STAFF AND COMMISSION REPORTS
Commission updates:
Commissioner Ramanathan noted that the Reach Codes Subcommittee agreed on a reach code
recommendation.
Staff updates:
- BayREN homeowner workshop-Nov 61h.
- Upcoming home electrification event in San Jose.
- City of Sunnyvale staff were invited to attend the next meeting to discuss Speaker Series collaboration.
- Green grants program info was emailed to all Commissioners for distribution/promotion.
ADJOURNMENT-7:45 p.m.
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