Presentations (Updated 04-14-2021)CLEAN CITY, GREEN
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Staff Reports
Zero Waste Living: Be Part of the Solution, Not
the Pollution
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Let's Talk Trash
Cristina Robinson
Bernadet Garcia-Silva
Andy Hattala
Trash Talk
Fighting Food Waste
Sustainability Commission
March 18, 2021
Commissioner’s Handbook Review
Item #2
Commissioner’s Handbook
●Structure of Government
●Commission Purpose
●Attendance
●Public Meetings (Brown Act)
●Conflict of Interest (Political Reform Act)
●Parliamentary Procedure (Rosenberg’s Rules)
●Ethics
●City Work Program
●City Email Policy
City Organization
Council-Manager
Structure of Government
●City Council sets policy and vision
●City Manager implements policy and directs
day-to-day citywide administrative operations
and staff
●City staff has two primary roles:
1.Develop policy alternatives/make
professional recommendations
2.Implement Council direction
Commission Purpose,CMC Ch. 2
Attendance
•25% of regular meetings missed or three
consecutive meetings missed in a calendar year
results in removal
•May request a waiver of this provision to Council
The Brown Act
“All meetings of the legislative body of a local agency
shall be open and public, and all persons shall be
permitted to attend any meeting . . . except as
otherwise provided in this chapter.” Gov’t. Code Sec.
54953(a)
3 key requirements:
(1) conduct business and make decisions only in
open public meetings;
(2) publish and follow meeting agendas; and
(3) provide an opportunity for public participation
before making decisions
Brown Act –Meetings
●“ . . . any congregation of a majority of the members of
a legislative body at the same time and location, . . . to
hear, discuss, deliberate, or take action on any item
that is within the subject matter jurisdiction of the
legislative body.”
●Regular meetings
●Special meetings called by Chair or majority of
commission
Brown Act –Action Taken
●a collective decision made by a majority
●a collective commitment or promise by a majority to
make a positive or a negative decision; or
●an actual vote by a majority when sitting as a body or
entity, upon a motion, proposal, resolution, order or
ordinance. Gov’t. Code Sec. 54952.6
Brown Act –Serial Meetings
●A majority of the members of a legislative body shall
not, outside a meeting . . ., use a series of
communications of any kind, directly or through
intermediaries, to discuss, deliberate, or take action
on any item of business that is within the subject
matter jurisdiction of the legislative body. Gov’t.
Code Sec. 54952.2(b)(1)
Brown Act –Serial Meetings
●Daisy Chain: A to B, B to C, C to D
●Wagon Wheel: A to B, A to C, A to D
●Includes Email, Texting, Notes
●Do not “Reply All” in emails
●Limit risk by sending communications to commission
liaison and not stating position outside of meetings
Brown Act –Exceptions
●Individual Contacts and Staff Briefings –less than
quorum
●Staff may have separate conversations or
communications with members, outside of a
meeting, in order to answer questions or provide
information
●Staff may not communicate the comments or
position of any other member of the legislative body.
Gov’t. Code Sec. 54952.2(b)(2)
Brown Act –Exceptions
●Purely Social and Ceremonial Gatherings & Seminars
●Open, Publicized Community Meetings
●Meetings of Another Agency
●Members should not discuss City business
Brown Act -Agendas
●Post 72 hours before regular meeting and 24 hours
before special meeting
●Scope of discussion and action is limited to
agendized matters
●Brief general description of items to be discussed –
to inform interested members of public of the
subject matter
●May schedule future items, hear
staff/commissioner announcements, have very
brief clarifying questions/responses to public
Brown Act –Public Participation
●Public right to speak on (1) any item within the subject
matter jurisdiction of the commission and (2) the specific
items of business before or during the commission’s
consideration
●Comments may be anonymous
●May impose reasonable time limits on public comment
●Cannot prohibit public criticism of policies, procedures,
programs, or services of the agency or the acts or
omissions of the body itself
●Public right to review communications distributed to a
majority of the commission
Political Reform Act,Gov Code 81000 et seq.
●FPPC Statement of Economic Interests (Form 700) filing
requirement
●Disclosure of personal financial interests
●Serves as a reminder in potential conflict situations
●Filed when assuming office and annually thereafter
Rosenberg’s Rules of Order
●Simple rules for parliamentary procedure
●How to establish order at meetings
●How motions are made
●How the chair runs the meeting
Rosenberg’s Rules of Order
Agenda format handled by the Chair:
1)Announces the agenda item
2)Invites the staff report
3)Asks members for clarifying questions
4)Invites public comments
5)Invites a motion
6)Invites a second to the motion
7)Ensures motion is understood
8)Invites discussion/deliberation
9)Takes a vote
10)Announces the vote result
City Work Program
●Established by the City Council
●Guides the work of the City
●Commissions provide suggestions related to their
purpose Nov/Dec
Ethics
●Cupertino Ethics Policy
●Elected/appointed officials and staff receive regular
training on ethics as required by state law (AB 1234)
●Options to satisfy the requirement:
o Online self-study
o Training led by City Attorney’s Office
o Annual conference or seminar
City Email Policy
●Commissioners assigned City email address
●Use your City email to conduct City business
●Follow “netiquette” guidance set forth in Technology
Use Policy
●Do not use your personal email account for City
business
Questions?
Contact the City Clerk’s Office:
Email: cityclerk@cupertino.org
Telephone: 408-777-3223
March 18, 2021
Single-Use Plastics Ordinance
Update
Sustainability Commission
Item #4
Single-Use
Plastics:
food ware
and
accessories
Single-Use
Plastic
containers:
how
recyclable?
Fiber-based single-use food ware
Recology’s compost
processing facility considers
“compostable” plastics a
contaminant with the
exception of compostable
plastic bags to help collect
food scraps.
“Compostable” plastics are not a solution
•Water pollution prevention: food
ware ends up as litter, washes to
creeks and bay
•Plastic attracts pollutants
•Intense use of resources for very
short usage time
•Impact of plastics production
Purpose
•Development of model ordinance started at County
level in summer 2019
•Supported by Silicon Valley Youth Climate Action
group
•January 2020 Mayor Scharf: ordinance a “key goal”
•Added to 2020 Work Plan
•Delayed by COVID, still on Work Plan
Background
7
•Affirmatively opt in for all accessories
•Define allowable material types
•Phase in:
•Require charge for single-use cups
•Require reusables for dine-in
•Require dishwashing capacity
•Require charge for single-use containers
•Ultimately move to reusable systems for takeout
and large events
Model Ordinance Overview
Dishwashing –on-site, off-site
New food service
Retroactive?
Reusable To-Go Ware Business Models
Pilots in San
Francisco,
Berkeley, Palo Alto
•Food Vendors vs Food Providers?
•Accessories –what’s included?
•Compostable fiber-based food ware only?
•Restrict local sale of non-compliant items as well?
•Exemptions –allowed, temporary, permanent?
Considerations
Food vendors can
realize $$ savings
by providing
reusables for on-
site dining and by
allowing customers
to request utensils
and other
accessories to-go
Economics
Others have gone before
•Restaurants & Cafeterias
•Coffee and boba shops
•Chamber of Commerce
•Business Buzz Newsletter
•Youth
•Disabled community
•Schools –CUSD, FUHSD, De Anza (State entities)
Outreach & Engagement Plan
•Survey of local stores regarding compliance with the
single-use plastic grocery bag ordinance
•Survey of single-use food service ware available for
sale at local stores
Related Fieldwork
GROCERY STORE
BAG SURVEY
With additional information about food ware
Stores Surveyed
•99 Ranch Market (2 locations)
•Marina Food
•Marukai Market
•Oakmont Market
•Safeway Store
•Sprouts Farmers Market
•Target (2 locations)
•Whole Foods Market
Results
The majority of grocery stores were
providing plastic grocery bags as an option
The larger chain grocery stores (Target,
Safeway, Whole Foods) had thick plastic
bags that appeared to be compliant with
Cupertino's plastic bag ordinance
The smaller local businesses had thinner
plastic bags that may not be compliant with
the plastic bag ordinance
All stores charged $0.10 per bag
Additional Findings
Most grocery stores sold expanded polystyrene (EPS) foam
food service ware products
–EPS products include:
o Plates, cups, and bowls
Other materials found that food ware was made of
–Fiber
–Bioplastic
–Paper
–Plastic
4 out of 10 stores sold BPI certified food ware
Next Steps
1919
•Spring: conduct outreach with stakeholders
•Summer: bring a recommendation to the
Sustainability Commission
•Fall: Request a formal recommendation from the
Sustainability Commission
•Winter: Bring the ordinance to City Council
Questions?
20
FUTURE AGENDA SETTING LIST
•Sustainability Grants for Students / essay contest
•Discuss hosting a public workshop on carbon reduction ideas
•Discuss 2021 Earth & Arbor Day event ideas
•Zero Emission Vehicles discussion
•Building electrification discussion