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06-16-2025 Special Meeting Agenda Packet SC 06-16-2025 1 of 13 CITY OF CUPERTINO AGENDA lop CUPERTINO SUSTAINABILITY COMMISSION 10185 North Stelling Road, Quinlan Conference Room Monday,June 16, 2025 5:00 PM Special Meeting Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Quinlan Community Center, 10185 N. Stelling Road, Conference Room 2) The meeting will also be streamed live on and online at https://youtube.com/ecupertinocitycommission Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Quinlan Community Center. 2) E-mail comments by 10:00 a.m. on Monday, June 16 to the legislative body at sustainabilitycommission@cupertino.gov. These e-mail comments will also be posted to the City's website after the meeting. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the legislative body must come to the lectern/microphone and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. NOTICE IS HEREBY GIVEN that a special meeting of Cupertino Sustainability Commission is hereby called for Monday, June 16, 2025, commencing at 5:00 p.m. at the Quinlan Community Center Conference Room, 10185 North Stelling Road, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING ROLL CALL Page 1 1 SC 06-16-2025 2of13 Sustainability Commission Agenda June 16,2025 APPROVAL OF MINUTES 1. Subject: April 17, 2025 Sustainability Commission Minutes Recommended Action: Approve April 17, 2025 Minutes A-Draft Meeting Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS STAFF AND COMMISSION REPORTS OLD BUSINESS NEW BUSINESS 2. Subject: Review the proposed Municipal Code amendments to Cupertino Municipal Code, Title 2, Chapter 2.96, Sections 2.96.010 Established-Composition and 2.96.020 Terms of Office, pertaining to the Economic Development Committee. and discuss implications. Recommended Action: Discuss and provide recommendation to City Council regarding the proposed Municipal Code amendments to Cupertino Municipal Code, Title 2, Chapter 2.96, Sections 2.96.010 Established-Composition and 2.96.020 Terms of Office, pertaining to the Economic Development Committee. A-Draft Ordinance(Redline) FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Page 2 2 SC 06-16-2025 3of13 Sustainability Commission Agenda June 16,2025 Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk's Office in City Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 3 3 SC 06-16-2025 4of13 12 CITY OF CUPERTINO CUPERTINO Agenda Item 25-14067 Agenda Date: 6/16/2025 Agenda #: 1. Subject: April 17, 2025 Sustainability Commission Minutes Approve April 17, 2025 Minutes CITY OF CUPERTINO Page 1 of 1 Printed on 6/12/2025 powered by LegistarTM 4 SC 06-16-2025 5of13 Attachment A DRAFT MINUTES MINUTES OF THE REGULAR MEETING OF THE SUSTAINABILITY COMMISSION April 17, 2025 CUPERTINO Draft Minutes The meeting was called to order at 4:03 p.m. ROLL CALL: Present: Alexander Fung, Susan Hansen, Sonali Padgaonkar,Jack Carter, Conny Yang Absent: Sonali Padgaonkar Staff: Victoria Morin, Staff Liaison Others Present: Ursula Syrova, Environmental Programs and Sustainability Manager, Chad Mosley, Director of Public Works APPROVAL OF MINUTES 1. October 17, 2024 Sustainability Commission minutes Motion: Commissioner Fung moved, seconded by Commissioner Yang to approve the minutes as presented. MOTION PASSED: 3-0-2 (Abstain: Carter, Absent: Padgaonkar) POSTPONEMENTS No Postponements ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None STAFF AND COMMISSION REPORTS OLD BUSINESS None 1 Sustainability Commission Regular Meeting October 17,2024 5 SC 06-16-2025 6of13 NEW BUSINESS 2. Chair and Vice Chair Elections Motion: Commissioner Carter, seconded by Commissioner Yang nominated Commissioner Susan Hansen as Chair and Alex Fung as Vice Chair of the Sustainability Commission for 2025. MOTION PASSED: 4-0-1 (Absent: Padgaonkar) 3. Fiscal Year 2025-2026 Capital Improvement Programs and Five-Year Plan No Action Taken 4. Policy Options for Electrification of Cupertino's Existing Commercial Buildings Motion: Vice Chair Fung moved, seconded by Commissioner Carter to recommend to the City Council to direct staff to pursue adoption of a Flex Path reach code for commercial buildings and develop an ordinance establishing an Energy Benchmarking requirement for buildings 10,000 square feet or larger, with the intent to phase in a Building Performance Standard to support the City's Climate Action Plan 2.0s existing commercial buildings emission reduction goal. MOTION PASSED: 4-0-1 (Absent: Padgaonkar) 5. Policy Options for Electrification of Cupertino's Existing Residential Buildings No Action Taken 6. Electric Vehicle Charger Study Providing a Prioritized List of Locations No Action Taken FUTURE AGENDA SETTING • Presentation on Recycling: What do we do locally compared to neighboring jurisdictions • Update on business outreach regarding sustainable practices • Brainstorm what an EV Charger program could look like to support MF 2 Sustainability Commission Regular Meeting October 17,2024 6 SC 06-16-2025 7of13 2027-28 • Opportunities and challenges of recycled water in Cupertino ADJOURNMENT Meeting adjourned at 6:38 p.m. SUBMITTED BY: Victoria Morin, Staff Liaison Note: Any attachments can be found on the Cupertino Website https://www.cul2ertino.or /og ur-city/agendas-minutes 3 Sustainability Commission Regular Meeting October 17,2024 7 SC 06-16-2025 8of13 12 CITY OF CUPERTINO CUPERTINO Agenda Item 25-14069 Agenda Date: 6/16/2025 Agenda #: 2. Subject: Review the proposed Municipal Code amendments to Cupertino Municipal Code, Title 2, Chapter 2.96, Sections 2.96.010 Established-Composition and 2.96.020 Terms of Office, pertaining to the Economic Development Committee. and discuss implications. Discuss and provide recommendation to City Council regarding the proposed Municipal Code amendments to Cupertino Municipal Code, Title 2, Chapter 2.96, Sections 2.96.010 Established- Composition and 2.96.020 Terms of Office, pertaining to the Economic Development Committee. CITY OF CUPERTINO Page 1 of 1 Printed on 6/12/2025 powered by LegistarT" 8 SC 06-16-2025 9of13 ORDINANCE NO. 25- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TITLE 2 CHAPTER 2.96: ECONOMIC DEVELOPMENT COMMITTEE SECTION 2.96.010: ESTABLISHED-COMPOSITION,AND SECTION 2.96.020: TERMS OF OFFICE The City Council of the City of Cupertino finds that: 1. On March 18,2025 the City Council enacted an Ordinance No.25-2269 reestablishing the Economic Development Committee (EDC). 2. A member of the Planning Commission should serve on the EDC rather than a member of the Sustainability Commission. 3. The terms of -EDC members representing the City Council and the two Commissions require updating to rationalize the terms of those EDC members with the terms of their other City Council or Commission assignments. NOW,THEREFORE,THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: Adoption. The Cupertino Municipal Code is hereby amended to add Chapter 2.96 as set forth in Attachment A. SECTION 2: Severability and Continuity. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express 01276.0001 2011584.1 6/8/2025 9 SC 06-16-2025 10 of 13 Ordinance No. Page 2 intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. SECTION 3: California Environmental Quality Act. This Ordinance is not a project under the requirements of the California Environmental Quality Act,together with related State CEQA Guidelines(collectively, "CEQA")because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the Municipal Code would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment. SECTION 4: Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. SECTION 5: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. INTRODUCED at a regular meeting of the Cupertino City Council on June 17, 2025, and ENACTED at a regular meeting of the Cupertino City Council on by the following vote: Members of the City Council AYES: NOES: ABSENT: 01276.0001 2011584.1 6/8/2025 10 SC 06-16-2025 11 of 13 Ordinance No. Page 3 ABSTAIN: SIGNED: Liang Chao, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date APPROVED AS TO FORM: Floy E. Andrews, City Attorney Date 01276.0001 2011584.1 6/8/2025 11 SC 06-16-2025 12 of 13 ATTACHMENT A - Chapter 2.96: Economic Development Committee The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows: 2.96.010 Established—Composition. A. The Economic Development Committee of the City of Cupertino is re-established. The Economic Development Committee (hereinafter referred to in this Chapter as "Committee") shall consist of nine (9) members as follows: 1. City Councilmember 2. City Councilmember 3. Technology Sector Business Representative 4. Retail/Small Business Representative 5. Hospitality/Tourism Sector Representative 6. Education Sector Representative 7. Commercial Real Estate Representative 8. Planning Commissioner 9. Technology, Information, and Communications Commissioner B. The Committee shall be comprised of: (1) two Councilmembers; (2) one representative from each of the following industry sectors — Technology, Retail, Hospitality, Education, and Commercial Real Estate; and (3) one member who is currently serving on the Planning Commission;and (4) one member who is currently serving on the Technology, Information, and Communications Commissions. Industry sector representatives must work for an organization located within the City or be residents of the City, or both. C. None of the industry sector representative Committee Members shall be officials or employees of the City. No member of the Committee shall cohabit with, as defined by law, nor be related by blood or marriage, to any other member of the Committee, to the City Manager, or to any staff person(s)who may be assigned to assist this Committee. D. Members of the Committee shall be appointed by the City Council. 01276.00012011584.16/8/2025 Attachment A —Page 1 12 SC 06-16-2025 13of13 2.96.020 Terms of Office. A. Committee Members serve at the pleasure of the City Council. -The term of office for the Committee's " sindustry sector representative shall be staggered with the initial appointment of fie-two members to terms expiring Tanuary 30, 2027, and three members to four- year terms expiring January 30, 2029. -Following the initial appointment, all of the Committee's industry sector representatives sshall be appointed to four-year terms. The initial term of office of the City Councilmembers, Planning Commissioner and Technology, Information, and Communications Commissioner shall have terms expiring_January 30, 2027. Following the initial appointment, the term of office for the City Councilmembers, Planning Commissioner and Technology, Information, and Communications Commissioner shall be for a term of one year, expiring on Tanuary 30 of each year, or until a successor is dulyappointed. If a Committee Member is replaced or removed by Council, resigns, or is no longer eligible to serve on the Committee, Council shall appoint a replacement to serve the remaining period of the Committee Member's term. -All terms shall end on January 30 of the year the term is due to expire.-No Committee Member shall serve more than two consecutive terms, except that a Committee Member may serve more than two consecutive terms if he or she has been appointed to the Committee to fill an unexpired term of less than two years. B. The appointment, reappointment, and rules governing industry sector representative Committee Members are governed by the Resolution of the Cupertino City Council which governs advisory bodies. C. The City Council may in its discretion adopt different policies, procedures, and terms of service for the appointment of City Councilmembers and Commissioners to serve on the Committee. 01276.00012011584.16/8/2025 Attachment A -Page 2 13