CC Ordinance No. 15-2132 Amending Title 2 to add Chapter 2.94 establishing the Sustainability Commission ORDINANCE NO. 15-2132
AN ORDINANCE OF THE .CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING TITLE 2 OF THE CUPERTINO
MUNICIPAL CODE TO ADD CHAPTER 2.94 ESTABLISHING THE
SUSTAINABILITY COMMISSION
WHEREAS, this Ordinance was determined to be not a project under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments to the Code are
changes to administrative policies which do not involve a direct or reasonably
foreseeable indirect impact on the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance;.and
WHEREAS, the City Council has reviewed and considered the "not a project"
determination under CEQA prior to taking any approval actions on this Ordinance; and
WHEREAS, the City of Cupertino General.Plan, adopted in 2000 and amended in 2014,
contains an Environmental Resources/Sustainability Element; and
WHEREAS, on January 20, 2015, the City: Council adopted Resolution No. 15=001,
adopting the City of Cupertino Climate Action Plan, which is an implementation
mechanism of the City's General Plan and which,provides goals, policies, and programs
to reduce greenhouse gas emissions; and
WHEREAS, the City Council of the City of Cupertino desires to create a Sustainability
Commission.to advise the City Council on policy and programmatic areas related to the
goals set forth within the City's General Plan . Environmental Resources and
Sustainability Element and Climate Action Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.94 is hereby added to Title 2 of the Cupertino Municipal Code
to read as follows:
Ordinance No. 2132
Page 2
Chapter 2.94 SUSTAINABILITY COMMISSION
2.94.010 Established-Composition. J
A. The Sustainability Commission of the City of Cupertino is established.',The
Sustainability Commission (hereinafter referred to in this Chapter as "Commission')
shall consist of five members as follows:
1. One representative from a Cupertino-based business,
2. One representative from a Cupertino-based primary, secondary, or higher
educational institution,
3. Three community members. .
B. Commission members who,are representatives of a business or educational
institution are not required to be Cupertino residents,but the business and
educational institution.must be located in Cupertino. The three community
members must be residents of Cupertino.
C. In selection of community members, the City Council may give priority to:
- 1. Applicants who represent the target sectors and partners as described in the
Cupertino Climate Action Plan (hereinafter referred to in this Chapter as
"CAP"
2. Applicants who are familiar with climate change mitigation and adaptation
strategies, greenhouse gas emissions inventories, resource and utility
conservation, sustainability and behavior change.
3. Applicants who represent non-profit community organizations and
environmental interest groups.
C. None of these representatives shall be officials or employees of the City, nor
cohabit with, as defined by law, nor be related by blood or marriage to any other
member of the Commission, to the City Manager or to any staff person(s) who
may be assigned to assist this Commission.
D. Members of the Commission shall be appointed by the City Council.
E. The Sustainability Manager, or his or her designee, shall provide technical
assistance to the Commission.
2.94.020 Members--Terms.
A. Commissioners serve at the pleasure of the City Council. The initial term of office
of two of the members of the Commission.selected from among the community
members shall be for two years. The initial term of the remaining Commissioners
shall be for a four year period. All subsequent terms shall be for a four year
period. All terms shall end on January 30th of the year the term is due to expire.
No Commissioner shall serve more than two consecutive terms, except that a
Ordinance No.,2132
Page 3
Commissioner may serve more than two-consecutive terms if he or she has been
appointed to the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment_and rules governing incumbent members of the
Commission are governed by Resolution of the Cupertino City.Council.
2.94.030 Members--Vacancy or removal.
Any Commissioner may be removed by'a majority vote of the City Council. If a
vacancy occurs, other than by expiration of a term, it shall be filled by the City
Council's appointment for the unexpired portion of.the term.-
2.94.040 Chairperson.
The Commission shall elect its chairperson and vice-chairperson from among its
members and shall appoint a secretary. Terms of the chair and vice-chair shall be for
one year and shall be-complete on January 30th.
2.94.050 Meetings--Quorum.
A. The Commission shall hold regular meetings at least once every.three months
and at the discretion of the.Commission shall hold other meetings as may be
necessary or expedient.
B. A majority of the Sustainability Commission shall constitute a quorum for the
purpose of transacting the business of the Commission.
C. A special meeting may be called at any time by the chairperson or by a majority
of the Commissioners upon notice being given in advance in accordance with the
provisions of the Ralph M. Brown Actor successor statute in effect at the time.
2.94.060 Majority vote required.
A majority.vote is required to approve a recommendation on any matter that is
presented to the Commission that.requires a vote.
2.94.070 Records required.
The Commission shall keep an accurate record of its proceedings and transactions
and shall render such reports to the City Council as may be required.
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Ordinance No. 2132
Page 4
2.94.080 Powers and functions.
A. The.powers and functions of the Commission shall be to serve in an advisory
capacity to the City Council to provide expertise and guidance on major policy
and programmatic areas related to the environmental, economic and societal
goals noted within Cupertino's CAP and General Plan Environmental
Resources/Sustainability Element.
B. To fulfill their mission, the Commission may involve itself in the following
activities:
1. Monitor and update the CAP based upon quantified metrics-to measure
and evaluate mitigated impacts and community benefits;
2. Suggest recommendations, review, and monitor the City's General Plan
Environmental Resources/Sustainability Element and its intersections with
the CAP;
3. Advise the City Council how to strategically accelerate Cupertino's
progress towards sustainability and recommend priorities to promote
continued regional leadership in sustainability;
4. Periodically review policies governing specific practices and programs,
such as greenhouse gas emissions reduction, water conservation,
renewable,energy, energy efficiency, materials management, and urban
forestry. Illustrative examples include creation of infrastructure.for low
emissions vehicles, installation of renewable energy or energy efficiency
technologies, drafting of water conservation or waste reduction policies,
delivery of habitat restoration and.conservation programs, design and
roll-out of pollution prevention campaigns, etc.;
5. Make recommendations regarding the allocation of funds for
infrastructure and technology improvements to elevate operational
performance of City facilities,businesses, educational institutions and
homes by reducing costs, improving public health, and serving
community needs;
6. Accept public input on the subject areas noted above and advise the City
Council ori ways to drive community awareness,behavior change,-
education and participation in City programs modeled upon the field's
best practices.
7. Review and make recommendations to the City Council on Federal, State
and regional policies related to sustainability that have the potential to
impact City Council's goals and policies.
8. Pursue any other activity or scope that may be deemed appropriate and
necessary by the City Council.
Ordinance No..2132
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2.94.090 Compensation--Expenses.
Members of the Commission shall serve without compensation. Commissioners may
be reimbursed for necessary expenses reasonably incurred by them while acting in
their official capacity subject to the approval of the City Manager.
2.9.4.100 Procedural Rules.
The Commission may adopt from time to time such rules of procedure as it may
deem necessary to properly exercise its powers and duties. Such rules shall be kept
on file with the Chairperson of the Commission, the Mayor, and the City Clerk, and
a.copy thereof shall be furnished to any person on request.
2.94.110 Effect.
Nothing in this Chapter shall be construed as restricting or curtailing any powers of
the City Council or City officers.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933,
a summary of this Ordinance may be published..and posted in lieu of publication and
posting of the entire text.
SECTION 3. This ordinance shall take effect thirty (30) days after the date of its.
adoption.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the Th
day of July, 2015, and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 411, day of August, 2015,by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: , Sinks, Chang, Paul, Vaidhyanathan
Noes: None
Absent: Wong
Abstain: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California,do hereby certify the attached
to be a true and correct copy of Ordinance No. 15-2132, which was
enacted on August 4, 2015, and that'it has been .published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I. have hereunto set my hand and seal
this 5th day of August 2015.
GRACE SCHMIDT, City-Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California