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07-17-2025 Agenda Packet SC 07-16-2025 1 of 16 CITY OF CUPERTINO AGENDA CUPERTINO SUSTAINABILITY COMMISSION 10185 North Stelling Road, Quinlan Community Center, Conference Room Thursday,July 17, 2025 4:00 PM 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:Hyoutube.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 Wednesday, July 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. ROLL CALL APPROVAL OF MINUTES 1. Subject: June 16, 2025 Sustainability Commission minutes Recommended Action: Approve June 16, 2025 minutes A-Draft Meeting Minutes POSTPONEMENTS STAFF AND COMMISSION REPORTS Page 1 1 SC 07-16-2025 2of16 Sustainability Commission Agenda July 17,2025 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 OLD BUSINESS NEW BUSINESS 2. Subject: Discuss and Set Sustainability Commission Two-Year Priority Projects Recommended Action: Identify, discuss and prioritize key sustainability projects and focus efforts over the next two years. 3. Subject: Discuss and make a recommendation to appoint a Sustainability Commissioner to the Economic Development Committee. Recommended Action: Select and recommend a Sustainability Commissioner to the City Council for appointment to the Economic Development Committee. A-Draft Ordinance-Redline 4. Subject: Volunteer to Attend Regional Sustainability Meetings Recommended Action: Discuss and volunteer to attend regional meetings to increase awareness of external sustainability efforts and opportunities. 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. 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 Page 2 2 SC 07-16-2025 3of16 Sustainability Commission Agenda July 17,2025 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 07-16-2025 4of16 CITY OF CUPERTINO Agenda Item CUPERTINO 25-14131 Agenda Date: 7/17/2025 Agenda M 1. Subject: June 16, 2025 Sustainability Commission minutes Approve June 16, 2025 minutes CITY OF CUPERTINO Page 1 of 1 Printed on 7/10/2025 powered by LegistarTM 4 SC 07-16-2025 5of16 DRAFT MINUTES MINUTES OF THE SPECIAL MEETING OF THE SUSTAINABILITY COMMISSION June 16, 2025 CUPERTINO Draft Minutes The meeting was called to order at 5:00 p.m. ROLL CALL: Present: Alexander Fung, Susan Hansen, Sonali Padgaonkar, Jack Carter, Conny Yang, and Sonali Padgaonkar Absent: none Staff: Victoria Morin, Staff Liaison Others Present: Ursula Syrova, Jamin Lu, and Chad Mosley. APPROVAL OF MINUTES 1. April 17, 2025 Sustainability Commission minutes Motion: Commissioner Fung moved, seconded by Commissioner Yang to approve the minutes as presented. MOTION PASSED: 5-0 POSTPONEMENTS No Postponements ORAL COMMUNICATIONS None WRITTEN COMMUNICATIONS None STAFF AND COMMISSION REPORTS OLD BUSINESS None 1 Sustainability Commission Special Meeting June 16,2025 5 SC 07-16-2025 6of16 NEW BUSINESS 2.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. Motion: Commissioner Padgaonkar, seconded by Commissioner Fung moved to include both a Sustainability and a Planning Commissioner in the Economic Development Committee (EDC) in order to give Cupertino a competitive edge, ensuring decisions are environmentally sound, business-savvy, and to support the commercial components of the Climate Action Plan 2.0. MOTION PASSED: 5-0 FUTURE AGENDA SETTING None ADJOURNMENT Meeting adjourned at 5:43 p.m. SUBMITTED BY: Victoria Morin, Staff Liaison Note: Any attachments can be found on the Cupertino Website httj2s://www.cupertino.org/our-cit3�/agendas-minutes 2 Sustainability Commission Special Meeting June 16,2025 6 SC 07-16-2025 7of16 CITY OF CUPERTINO Agenda Item CUPERTINO 25-14132 Agenda Date: 7/17/2025 Agenda #: 2. Subject: Discuss and Set Sustainability Commission Two-Year Priority Projects Identify, discuss and prioritize key sustainability projects and focus efforts over the next two years. CITY OF CUPERTINO Page 1 of 1 Printed on 7/10/2025 powered by LegistarTM 7 SC 07-16-2025 8of16 CITY OF CUPERTINO Agenda Item CUPERTINO 25-14133 Agenda Date: 7/17/2025 Agenda M 3. Subject: Discuss and make a recommendation to appoint a Sustainability Commissioner to the Economic Development Committee. Select and recommend a Sustainability Commissioner to the City Council for appointment to the Economic Development Committee. CITY OF CUPERTINO Page 1 of 1 Printed on 7/10/2025 powered by Legistarr" 8 SC 07-16-2025 9of16 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 The City Council of the City of Cupertino finds that: 1. On"April 15,2025 the City Council enacted an-Ordinance No. 25- 2269 reestablishing the Economic Development Committee (EDC). -2. Only one City Councilmember should serve on the EDC to allow for a Planning Commissioner to join the EDC. 23. The terms of the EDC members representing the three Commissions require updating to r-ationalize the termsof those EEC member-salign with the terms of their etherrespective Commission assignmentsappointments. 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 intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. 01276.00012014461.3 6/20/2025 9 SC 07-16-2025 10 of 16 Ordinance No. Page 2 SECTION 3: California Environmental Qualit3�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 July 1, 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: ABSTAIN: 01276.00012014461.3 6/20/2025 10 SC 07-16-2025 11 of 16 Ordinance No. Page 3 SIGNED: Liang Chao, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date APPROVED AS TO FORM: Floy E. Andrews, City Attorney Date 01276.00012014461.3 6/20/2025 11 SC 07-16-2025 12 of 16 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 . City CounEilmewber- 23. Technology Sector Business Representative 34. Retail/Small Business Representative 4-5. Hospitality/Tourism Sector Representative 56. Education Sector Representative 67. Commercial Real Estate Representative 78. Sustainability Commissioner 89. Technology, Information, and Communications Commissioner 9. Planning Commissioner B. The Committee shall be comprised of: (1) two one Councilmembers; (2) one representative from each of the following industry sectors - Technology, Retail, Hospitality, Education, and Commercial Real Estate; a+td-(3) one member who is currently serving on the Sustainability Commission; a4id-(4) one member who is currently serving on the Technology, Information, and Communications Commission; and 5) one member who is currently serving on the Planning Commission... 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. 01276.00012014461.3 6/20/2025 Attachment A-Page 1 12 SC 07-16-2025 13 of 16 D. Members of the Committee shall be appointed by the City Council. 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 MembeFs industry sector representatives shall be staggered with the initial appointment of-fi-N-e two members to terms expiring Tanuary 30, 2027, and three Ave year- terms an c.,,, members to €ems-year- terms expiring January 30, 2029.: -Following the initial appointment, all of the Committee's industry sector representatives members shall be appointed to four-year terms. The initial term of office of the City Councilmember, Sustainability Commissioner, Technology, Information, and Communications Commissioner and Planning Commissioner shall be for a term expiring January 30, 2026. Following the initial appointment, the term of office for the City Councilmember, Sustainability Commissioner, Technology Information, and Communications Commissioner and Planning Commissioner shall be for a term of one year, expiringon Tanuary 30 of each year, or until a successor is duly appointed. 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. 2.96.030 Members-Vacancy or Removal. Any Committee Member 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. 2.96.040 Chairperson. 01276.00012014461.3 6/20/2025 Attachment A-Page 2 13 SC 07-16-2025 14 of 16 The Committee shall elect its Chairperson and Vice Chairperson from among its Members. The Chairperson shall appoint a secretary. Terms of the Chair and Vice Chair shall be for one year. 2.96.050 Meetings—Quorum. A. The Committee shall hold regular meetings on a quarterly basis and at the discretion of the Committee shall hold other meetings as may be necessary or expedient. B. A majority of the Committee shall constitute a quorum for the purpose of transacting the business of the Committee. C. A special meeting may be called at any time by the Chairperson or by a majority of the Committee Members upon notice being given in advance in accordance with the provisions of the Ralph M. Brown Act or successor statute in effect at the time. 2.96.060 Majority Vote Required. A majority vote of Committee Members present and voting is required to approve a recommendation on any matter that is presented to the Committee that requires a vote. 2.96.070 Records. The Committee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. 2.96.080 Powers and Functions. A. The powers and functions of the Committee shall be to serve in an advisory capacity to the City Council and to provide expertise and guidance on policy related to economic development. The Committee shall also actively promote Cupertino as a location of choice for current and prospective businesses. B. To fulfill their mission, the Committee may involve itself in the following activities: 1. Make recommendations to the City Council on a broad range of strategic matters broadly applicable to the City's economic development goals; 2. Serve as an ambassador to shed a positive light on the City by sharing economic development resources and information to prospective 01276.00012014461.3 6/20/2025 Attachment A—Page 3 14 SC 07-16-2025 15 of 16 businesses and stakeholders, thus positioning the City as a location of choice; and 3. Encourage public/private partnerships to further the City's economic development goals by identifying potential resources. 2.96.090 City Staff Assistance. The Committee shall have available to it such assistance of City staff as may be required to perform its functions,the staff assignments and administrative procedures to be under the general direction and supervision of the Economic Development Manager. 2.96.100 Compensation—Expenses. Committee Members shall serve without compensation. Committee Members may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager. 2.96.110 Procedural Rules. The Committee 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 Committee, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person on request. 2.96.120 Effect. Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. 01276.00012014461.3 6/20/2025 Attachment A—Page 4 15 SC 07-16-2025 16 of 16 CITY OF CUPERTINO Agenda Item CUPERTINO 25-14134 Agenda Date: 7/17/2025 Agenda #: 4. Subject: Volunteer to Attend Regional Sustainability Meetings Discuss and volunteer to attend regional meetings to increase awareness of external sustainability efforts and opportunities. CITY OF CUPERTINO Page 1 of 1 Printed on 7/10/2025 powered by LegistarTM 16