SC 01-20-2022CITY OF CUPERTINO SUST AINABILITY COMMISSION
Telecoi'iference meetiiig without a physical location.
Thursday, January 20, 2022, 4:00 p.m.
M[NUTES
At 4:07 p.m. Chair Swaminathai'i called the meeting to order.
ROLL CALL
Commissioners Present: Chair Vignesh Swarninathait and Commissioners Aruta Weber, Gary Latshaw, and
Meera Ramanathan. Absent: Vice Chair Ram Mohan.
Guests: Members of the public.
APPROV AL OF MINUTES
1. Subject: Minutes from October 21, 2021 meeting
Commissioner Latshaw moved and Commissioner Ramanathai'i seconded to approve the minutes. The motion
carried unai'iimously with Vice Chair Mohan absent.
POSTPONEMENTS
None.
ORAL COMMUNICATIONS
None.
WRITTEN COMMUNICATIONS
Gilee Corral, Staff Liaison, acknowledged one item received for Written Communications.
ST AFF AND COMMISSION REPORTS
5taff updates: Andre Duurvoort, Sustainability Manager, gave brief reports and answered clarifying questions
from Commissioners:
Sustainability Division is recruiting a part-time intern, please notify your networks of the job posting.
Climate Action Plan (CAP) Update project: adding California Environmental Quality Act (CEQA)
qualification to the project and conducting the admirustrative review of the draft CAP; the project team
incorporated public comment, strengthened some measures, and adjusted others. This will trigger
another roiu"id of public engagement and likely an additional Council Study Session. Clarifying
questions:
o More information on what is being focused on for CEQA services, relationship with the
Housing Element (Swarninathan). Duurvoort further explained the CEQA streamlining
project, briefly explained ways that the CAP and General Plans would interact, and noted
that climate adaptation work will be incorporated directly into the General Plan when the
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Safety Element is updated.
o Require all buildings to be retrofitted to elimii'iate natural gas, should this be discussed as part
of the CAP (Latshaw). Duurvoort: existiiig building electrification is part of the CAP Update
core strategy, ai"id staff are proposing a related project as a FY23 Coiuicil Work Program
project.
o Timing of public draft release (Weber). Duurvoort: targetiitg March for publishing the public
draft document, along with an updated engagement schedule.
Commission updates:
Chair Swamiiiathaii and Commissioner Ramaitathan made brief commertts to acknowledge
Ol'l the Commissioi"i as a founding member.Commissioner Latshaw's service and impact
Commissioner Latshaw thanked the Commission.
Commissioner Weber reported on a recent Mayor's Meeting. Other commissions are working on their
work program suggestions. Mayor's State of the City address is on January 29 at 2 p.m., current plan
is iit-person with agencies tabling. Introduce the new City Attorney and City Manager at this address.
Commissioner Ramanathan reported that the Single Use Plastics Subcommittee met with
Environmental Programs staff to review the comprehensive report.
Chair Swarninathan reported on the CAP Update Subcommittee meeting. He noted that the VTA
Citizen Advisory Watchdog Committee is still recruiting members and encouraged people to apply.
OLD BUSINESS
None.
NEW BUSINESS
2. Subject: Mandatory KnowBe4 cybersecurity training from the City's Information Technology
Department
Iqraam Nabi, Innovation Technology Technician, presented information on mandatory cybersecurity training.
He noted major ransomware attacks on companies in 2021. He encouraged the Commission to take the
training via the link sent to their cupertino.org address. Iqraam Nabi ai'id Toan Quach, Innovation Technology
Technician, answered clarifying questions from the Commission, provided examples of cybersecurity attacks
locally and examples of common methods of cyber-attacks, and explained the ReAct tool.
3. Subject: Consider draft ordinance language and phasing for a Single-Use Plastics Otdinance
Ursula Syrova, Environmental Programs Manager, presented the goal of the ordinance, an overview of the
progress, and the draft policy options being considered. Summarizing the results of the business outreach,
there was interest in exploring reusable to-go services, and although there were some concems, there were
potential solutions to address these concerns. The outreach consultant contacted close to 51% of local food
businesses with the survey. Customers were strongly supportive of limiting single use plastic foodware. The
Single Use Plastics Subcommittee met to review phasing and options and their recommendations were
incorporated in the draft language. Draft ordinance includes:
June 1, 2022: Accessories only upon request in alignment with AB1276
June 1, 2023: Prohibit use of non-compliaiit foodware, only items accepted for recycling and
compost
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o Adjusted this phasing witli feedback from the Subcommittee
June 1, 2023: Reusable foodware required for dine-in with dishwashiitg capacity required
June 1, 2023: Cup ai'id container charges/credits - $0.25 charge or credit
o Subcommittee suggested leaittng more towards a credit. Syrova noted that other
jurisdictions that have adopted iitcentives liave usually gone with a charge, which from
research has been shown to be more motivatiitg thaii a credit. A majority of businesses
surveyed were opposed to both charge and credit, based on concerns related to COVID, set
up, and customer satisfaction. However, customers surveyed reported that an incentive
would help motivate them to bring their own containers.
o For clarification: just cups or both cups and containers?
June 1, 2023: No sale of non-compliant foodware
o Syrova noted that the Subcommittee suggested phasing this ban, first the compostable
plastics and then the remainder of the items. She clarified an error in the staff report relating
to Mountain View's recently adopted ban covers the sale of bioplastic and traditional plastic
foodware accessories only, e.g. straws.
June 1, 2024: Require reusables at large events of 100 or more people
o Syrova noted the Subcommittee supported this
June 1, 2023: Ban local sale of certain packing materials and other non-foodware items
o Syrova noted the Subcornrnittee supported this
Subcornrnittee recornrnended technical assistance for businesses to comply with requirements. The draft
ordinance will include language for exemptions, e.g. economic hardship, disability accornrnodation, and
unique packaging hardship. Although not in the draft ordinance, the Subcommittee supported restrictions on
City purchasing single-use water bottles. Syrova noted topics related to economic impact on businesses for
consideration. There was strong interest in technical and financial assistance, from the outreach survey and the
Subcommittee. This could potentially be provided within current budget.
Syrova summarized outstanding questions for Commission discussion: charge vs credit, charge for just cups or
cups and containers, and whether to phase in the ban on the sale of traditional single-use foodware or ban
traditional and bio-based at once.
The Commission asked clarifying questions and made comments, including:
Charging a fee is better than giving credit (Latshaw)
Options other than fee or credit (Swaminathan)
o Syrova: could encourage voluntary uptake rather than mandate. She noted that the
credit/fee is known to motivate behavior change. She briefly described ways to educate
around COVID concerns and safety in using customer-brought cups.
Reusable atp companies, innovative practices (Swaminathan)
o Syrova: gave examples of reusable subscription models and noted that a pilot could be
considered with interested businesses
Idea to implement a reusable subscription via major employer, e.g., Apple (Swaminathan)
Questions re retailers that sell to businesses, issues with bioplastics (Swaminathan). Syrova
provided clarification.
If biodegradable bags for produce are considered (Ramanathan)
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o Syrova: not iii tl'ie draft language, which is more angled towards serving prepared food
How has COVID chaiiged single use items, diimig in and takeout (Swaminathan)
o Syrova: disposable masks / gloves are not iii draft language. Currently allow bags for
takeaway food, reconsider this. Nicole Lee, Enviroi'unental Programs Assistant: generally, if
a business used single use plastics before, they contii'iued using them during COVID.
Consider including plastic takeout bags ai"id ii'icrease iii popularity ii'i cafeteria-style busiiiesses aitd
"ghost" kitchens catering to food delivery services (Swaminathan)
o Syrova: lan@iage can cover the prepared food at supermarkets if the store packages the food
themselves
If packaging from home delivery can be considered (Latshaw). Syrova: goods delivery is outside of
this ordinance's scope.
Thanked Syrova for the presentation and incorporating the Subcommittee's feedback, clarify how
the credit would work, how $0.25 was determined (Weber)
o Syrova: credit would be passing along savings to customer for not needing to provide a
single use item. Under the current bag ordinance, the fee for the bag is kept by the business.
She explained that the fee level was based on some other jurisdictions, which set the fee at
$0.10 or $0.25. Lee: noted in the survey that those in favor of a fee preferred $0.10.
Idea for a point system run by the City, could feed into a purchase of reusables (Swaminathan)
Request to show in the analysis the comparison of the cost of trash fees to process to-go containers
that are improperly cleaned compared with implementing a reusable container (Ramanathan)
Public Comment:
Gwyn Azar, representing Cupertino Youth Climate Action Team, supports the ordinance, which
she advocated for previously. Asked how the ordinance would relate to schools, noting a high
amount of single use items in schools and litter.
o Syrova answered that the City can motivate and support schools but cannot cover them in
the ordinance.
Dino Sakkas supports the consideration of thin plastic bags. Asked if Styrofoam packaging that
comes in shipping can be added to the shred and waste day event.
o Syrova can reach out to Recology for the question on Environmental Day items, but those
events are specifically for recycling and shredding, not for disposing of trash, and foam
packaging is not recyclable locally.
The Commission discussed the topic and ordinance options. Themes and topics raised included:
Supports a charge, back up with analysis of cost savings from avoided trash fees (Ramanathan)
Next step for the project: will go to City Council March 1 for a study session
Supports banning the sale of plastic foodware items used in Cupertino, don't have a large supplier
in the city that would be directly affected (Swaminathan). Phase in the ban rather than immediate
enforcement for equity conceriis (Weber)
Clarification and discussion on the types of items covered, e.g., self-serve cups for condiments.
Support a charge for cups and to go containers (Weber)
Support phasing of the ban of sale of items by 2023 (Weber, Swaminathan, Rarnanathan)
o Ensure that guidance is provided ahead of implementation (Ramanathan, Swaminathan)
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Include all materials beiiig used for takeout, includii"ig the plastic bag (Swaminathan). Syrova noted
that addressing plastic bags would affect tlie existing bag ordinance
Concem not to burden a busiitess when surrounding communities may have different
requirements, liow does this track with neighboring cities (Latshaw). Syrova gave examples of
similar ordiiiances in the Bay Area, with variation in details. There was a County-led model
ordinance effort, however, COVID stalled this.
If foam trays used to package food can be banned from entering the city (Weber). Syrova noted that
technically this is possible, could do direct outreach and education to stores to source other
packaging.
Commissioner Weber made a motion to recommend to Council the draft plastics ordinance as presented by
staff for Council consideration. Commissioner Ramanathan seconded with a friendly amendment to the
motion to add technical training for businesses prior to implementation. Chair Swaminathan suggested a
friendly amendment to the motion to include bags for takeout and food delivery. Commissioner Weber
accepted the friendly amendments to the motion.
Syrova asked for clarification on the charge for cups and containers question. Commissioner Weber amended
her motion to add a recommendation for a charge for both cups and containers and ban on the sale of plastic
foodware effective June 1, 2023.
Commissioner Weber's motion as amended: Recommend to the City Council to adopt the draft single use
plastics ordinance as presented by City staff with the following amendments: addition of technical training for
businesses prior to ordinance implementation, recommend a charge for both cups and containers, and phase in
a ban on the retail sale of plastic food service ware effective June 1, 2023; additionally, recommend to City
Council that the current bag ordinance should be amended to ban plastic bags from takeout and food delivery.
The motion was seconded by Commissioner Rarnanathan and passed unanimously with Vice Chair Mohan
absent.
Commissioner Latshaw advised to continue tracking what is going on in surrounding communities. The
Commission thanked staff for their efforts. Chair Swaminathan commented that the Cornrnission and Syrova's
team should be proud of this ordinance effort, noting that Cupertino is one of the most progressive cities in the
Bay Area on this topic.
4. Subject: Update on sustainable infrastructure projects, including energy efficiency and solar
projects for city-owned properties with Public Works
Susan Michael, Capital Improvement Programs (CIP) Manager, introduced herself. Andre Duurvoort gave a
brief presentation on CIP and other municipal projects in planning and in the pipeline:
Expand city-owned public electric vehicle (EV) charging ports
Study to update streetlights for energy savings and compliance with dark sky ordinance, aiming for
completion by end of 2022
ASSeSS deferred maintenance and energy and resilience opportunities via an energy service company;
City has a Silicon Valley Clean Energy (SVCE) grant of $256,000 to support energy resiliency
Solar carports and photovoltaics (PV) potential for facilities, identified about one megawatt potential
o Awaiting to see the results of the California Public Utilities Commission's Net Energy Metering
3.O decision, as this will impact economics of solar
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o Gave examples of potential solar capacity, noting areas where trees would need to be removed.
ante Commission asked darifying questions aiid provided feedback on the plans. Topics / questions raised
iitcluded:
Duurvoort noted that all projects would be permitted ai"id go through the Planniitg Commission
(response to question from Ramanathan)
Rooftop solar easier for economies of scale tha+i carports (Latshaw)
Support for the locations being proposed for municipal EVSE citing; idea to get public access to privately
owned EV chargers while not in use, e.g., Apple chargers on Bubb Road (Swaminathan)
If proposed EV chargers would be free or charge user fees (Ramai"iathan). Duurvoort: plan to charge fees
ai"id update the fee structure
Consider disruption to wildlife when selecting lighting for replacement, some wavelengths are more
disruptive to aitimals and people (Latshaw)
o Michaels: noted that the Dark Sky Ordinaitce regulates the wavelengths and temperahire of
lighting and the survey will evaluate the current lightii'ig to align with these requirements
Recommend selecting alternating current/Level 2 rather than direct current (DC) for EV chargers,
majority of hybrids cannot use DC chargers. Consider on-street parking for charging overnight or
visiting, covering multiple city destinations a+'id more of the city in general. More sustainable
infrastructure (Swarninathan, Weber supporting)
Parh'ier with the neighborhood schools, cite chargers to benefit locals in the i'ieighborhood (Weber)
For retail and restaurant sites, combine EV and plastics protocol; can use the port to promote this
message: Overall green restaurant, green city, green lifestyle (Ramanathan)
Michaels asked if any concerns from the Commission for the City to work with third parFy vendors, e.g.
Tesla, that will install EV infrastruchire build out at no cost to the City
o Potential issues for a private entity using a public right of way: what is the agreement length? Are
they renting the space? Allowed to use their lo(3o? (Swaminathan). Michaels noted that logos are
not allowed
Idea to install solar PV over sidewalks rather thai'i using carports (Ramanathan, Swaminathan
supporting)
5. Subject: Earth and Arbor Day planning
Karen Chen, AmeriCorps CivicSpark Fellow, presented a brief overview of recent past festivals and an update
on 2022 festival planning. This year's festival will be held on Saturday, April 23 in Library field. She reviewed
the updated festival website: cupertino.org/earthday. Now recniiting sponsorships and tabling partners,
please spread the word. Also seeking suggestions for activities or performers to participate in the festival.
Chen answered clarifying questions from the Commission, including:
If a virhial component to the festival (Swaminathan). Chen: current plan is for in person only
o Commissioners briefly commented on willingness to attend in person, generally were willing but
some concerns raised, e.g., managing booths, giveaways, COVID safety protocols. Chen noted that
staff are looking into COVID safety guidelines. One of the reasons for relocation to Library filed
was to have more space for the booths.
Public Comment:
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Gwyn Azar, representing Cupertino Youth Climate Action Team, noted that her group loved beii"ig a part
of the virtual festival last year ai'id would love to be part of this year"s festival.
The Commission provided feedback on the plans. Topics raised included:
Supports a virtual component to be ii'iclusive, e.g., live camera to livestream booths (Swaminathait,
Ramai"iathait supporting)
Concern that people may not feel comfortable attending iit person, ideas to mitigate concerns: control the
flow of attendees at different times. Suggest ltaviiig a COVID booth showing how life has chai"iged from a
sustainability perspective (Ramanathan)
Consensus for the Commission to table at the festival. Corral will coordinate Commissioners to cover the
tabling shifts.
Have QR codes at booths. Due to COVID, even more important reduce handouts, plastics. Provide masks
and a way to dispose of them. Talk about current best practices e.g., sustainable masks (Swaminathan)
Commissioner Latshaw gave closing comments on how much he has enjoyed the festival over the past six
years. Chair Swaminathan thanked Commissioner Latshaw for inspiring him, commented on the value of
Latshaw's connections to organizations in the community to the Commission. Commissioners Ramanathan
and Weber thanked Commissioner Latshaw for his service.
FUTURE AGENDA SETTING
This item was not discussed.
ADJOURNMENT
Commissioner Latshaw left at 7:01 p.m.
A motion to adjoum was made by Commissioner Weber aitd seconded by Commissioner Ramanathar>. The
motion carried unanimously with Vice Chair Mohaii and Commissioner Latshaw absent. Meeting adjourned at
7:02 p.m.
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