Chapter 2.94 — SUSTAINABILITY COMMISSION

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 primary, secondary, or higher educational institution;
2. Four community members.

B. Commission members who are representatives of an educational institution are not required to be Cupertino residents, but the educational institution must be located in Cupertino. The four 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.

D. 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. E. Members of the Commission shall be appointed by the City Council. F. The Sustainability Manager, or his or her designee, shall provide technical assistance to the Commission.

(Ord. 2132, § 1 (part), 2015; Ord. 24-2256, Att. B § 2, 2024)

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 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 the Resolution of the Cupertino City Council which governs advisory bodies.

(Ord. 18-2180, § 13 (part), 2018; Ord. 2132, § 1 (part), 2015)

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.

(Ord. 2132, § 1 (part), 2015)

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.

(Ord. 2132, § 1 (part), 2015)

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 Act or successor statute in effect at the time.

(Ord. 2132, § 1 (part), 2015)

A majority vote is required to approve a recommendation on any matter that is presented to the Commission that requires a vote.

(Ord. 2132, § 1 (part), 2015)

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. These records shall be filed with the City Clerk.

(Ord. 18-2180, § 13 (part), 2018; Ord. 2132, § 1 (part), 2015)

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 on 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.

(Ord. 2132, § 1 (part), 2015)

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.

(Ord. 2132, § 1 (part), 2015)

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.

(Ord. 2132, § 1 (part), 2015)

Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers.

(Ord. 2132, § 1 (part), 2015)