Cupertino City Council
August 16, 2022

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, August 16, 2022
5:30 PM
Televised Special Meeting (5:30) and Regular City Council Meeting (6:45)

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
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 Cupertino Community Hall. Members of the audience who address the City Council 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. 2) E-mail comments by 4:30 p.m. on Tuesday, August 16 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting.
3) E-mail comments during the times for public comment during the meeting to the City Clerk at [email protected]. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to three minutes (subject to the Mayor’s discretion to shorten time for public comments). Members of the public that wish to share a document must email [email protected] prior to speaking.

Members of the public may provide oral public comments during the meeting as follows:

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Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_Z8HGRnN4RMi-aur4pMezyQ Phone
Dial: 669-900-6833 and enter Webinar ID: 985 4143 9313 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Or an H.323/SIP room system:

H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 985 4143 9313
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or,

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if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.

4. When called, please limit your remarks to the time allotted and the specific agenda topic.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference City Council 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 Council meeting to arrange for assistance.

In addition, upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, August 16, 2022, commencing at 5:30 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. 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 - 5:30 PM

ORDINANCES AND ACTION ITEMS

1. Subject: Consider conducting the first reading of an Ordinance related to regulation of single-use plastic foodware and single-use carryout bags (Continued from May 17, 2022.)
Recommended Action: Conduct the first reading of Ordinance No. 22-2239: “An Ordinance of the City Council of the City of Cupertino amending City Code to change the name of section 9.15, adopt new sections 9.15.090 and 9.15.125, and amend sections

9.15.100, 9.15.110, 9.15.120, 9.15.130, 9.17.130, and 9.17.140 to regulate the use of single-use food service ware by food providers, regulate sale of single-use food service ware and expanded polystyrene foam coolers, and regulate single-use carryout bags” (Attachment A,) which includes a finding that adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA.)
Presenter: Ursula Syrova, Environmental Programs Manager

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Staff Report
A - Single-Use Plastics and Bags Draft Ordinance - Blackline Version B - Single-Use Plastics and Bags Draft Ordinance - Clean Version C - Single-Use Plastics Ordinance Elements and Phasing Summary D - Single-Use Foodware Cost Comparisons
E - Summary of Single-Use Plastics Outreach

ADJOURNMENT

REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM

ROLL CALL

CEREMONIAL MATTERS AND PRESENTATIONS

1. Subject: Presentation from Safer From Wildfires on achievable and effective wildfire recovery and readiness measures for homes and businesses Recommended Action: Receive presentation from Safer From Wildfires on achievable and effective wildfire recovery and readiness measures for homes and businesses A - Safer-from-Wildfires-brochure

POSTPONEMENTS AND ORDERS OF THE DAY

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

REPORTS BY COUNCIL AND STAFF

2. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements

3. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments

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4. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments

5. Subject: City Manager update
Recommended Action: Receive City Manager update on City business

6. Subject: Department Update - Information Technology
Recommended Action: Receive update regarding the Information Technology Department
CONSENT CALENDAR (Items 7-19)
Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously.

7. Subject: Consider approval of the July 19 City Council minutes Recommended Action: Approve the July 19 City Council minutes A - Draft Minutes

8. Subject: Consider approval of the July 21 City Council minutes Recommended Action: Approve the July 21 City Council minutes A - Draft Minutes

9. Subject: Consider approval of the July 28 City Council minutes Recommended Action: Approve the July 28 City Council minutes A - Draft Minutes

10. Subject: Consider approval of the August 8 City Council minutes Recommended Action: Approve the August 8 City Council minutes A - Draft Minutes

11. Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period August 16, 2022 through September 15, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Consider Resolution No. 22-096 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period August 16, 2022 through September 15, 2022 pursuant to the Brown Act, as amended by AB 361

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Staff Report
A - Draft Resolution
B – Adopted Resolution No. 22-083
C – Health Officer Recommendation Regarding Public Governmental Meetings

12. Subject: Consider adopting the Climate Action Plan 2.0 (CAP 2.0) and GHG Emissions Thresholds
Recommended Action: 1. Adopt Resolution No. 22-097 adopting the Climate Action Plan 2.0 and GHG Emissions Thresholds Initial Study/Negative Declaration

2. Adopt Resolution No. 22-098 adopting the Climate Action Plan 2.0 and GHG Emissions Thresholds
Staff Report
A - Draft Resolution Adopting the CAP 2.0 and GHG Emissions Thresholds IS/ND B - Draft Resolution Adopting the CAP 2.0 and GHG Emissions Thresholds C – Climate Action Plan 2.0
D – CAP 2.0 Combined Appendices
E – GHG Emissions Thresholds
F – Initial Study Negative Declaration
G – Responses to June 16 Study Session

13. Subject: Consider accepting Accounts Payable for the periods ending June 6, 2022, June 13, 2022, June 20, 2022, June 27, 2022 (Postponed from July 19, 2022); and July 5, 2022 Recommended Action: A. Adopt Resolution No. 22-084 accepting Accounts Payable for the period ending June 6, 2022;
B. Adopt Resolution No. 22-085 accepting Accounts Payable for the period ending June 13, 2022;
C. Adopt Resolution No. 22-086 accepting Accounts Payable for the period ending June 20, 2022;
D. Adopt Resolution No. 22-087 accepting Accounts Payable for the period ending June 27, 2022; and
E. Adopt Resolution No. 22-099 accepting Accounts Payable for the period ending July 5, 2022
Staff Report
A - Draft Resolution 6.6.22
B - AP Report 6.6.22
C- Draft Resolution 6.13.22
D - AP Report 6.13.22
E - Draft Resolution 6.20.22
F - AP Report 6.20.22
G - Draft Resolution 6.27.22
H - AP Report 6.27.22
I - Draft Resolution 7.5.22
J - AP Report 7.5.22

14. Subject: Consider the Monthly Treasurer's Report for June 2022

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Recommended Action: Accept the Monthly Treasurer's Report for June 2022 Staff Report
A - Report of City-wide Receipts, Disbursements, and Cash Balances June 2022 B - Report of City-wide Fund Balances June 2022

15. Subject: Consider the Monthly Treasurer's Investment Report for June 2022 Recommended Action: Accept the Monthly Treasurer's Investment Report for June 2022
Staff Report
A - Chandler Investment Report June 2022
B - Chandler Custodial Statement June 2022
C - PARS Pension and OPEB Account Statement June 2022
D - LAIF Account Statement June 2022

16. Subject: Consider the Treasurer's Investment Report for Quarter Ending June 30, 2022 Recommended Action: Accept the Treasurer's Investment Report for Quarter Ending June 30, 2022
Staff Report
A - Chandler Investment Report June 2022
B - Chandler Custodial Statement June 2022
C - PARS Pension and OPEB Account Statement June 2022
D - US Bank Pension & OPEB Performance Report for Quarter Ending June 30, 2022 E - LAIF Account Statement June 2022_Redacted

17. Subject: Consider the Library Commission's Recommendation of Keiko O'Leary for appointment of the new 2023-2024 Cupertino Poet Laureate Recommended Action: Adopt Resolution No. 22-100 approving the Library Commission's recommendation and appoint Keiko O'Leary as the new 2023-2024 Cupertino Poet Laureate
Staff Report
A - Draft Resolution
B - City Council Resolution No. 10-230
C - Poet Laureate Playbook
D - Completed Application Packet - Selected Finalist Keiko O'Leary

18. Subject: Consideration of an award of a construction contract for the 2022 Pavement Maintenance Phase 1 - Project No. 2022-104.

Recommended Action: 1. Award a construction contract for the 2022 Pavement Maintenance Phase 1 Project;

2. Authorize the City Manager to execute a contract in the amount of $1,791,791.91 with G. Bortolotto & Company, Inc.; and

3. Authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $179,179.00 for a total authorized contract amount of $1,970,970.91.

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Staff Report
A - 2022 Pavement Maintenance Phase 1 Project Street List B - Draft Contract

19. Subject: Consider authorizing an increase in the total contract amount with Granite Rock Company for the Memorial Park Ponds Repurposing Project (Project 2022-03) for removal of concrete ponds at Memorial Park.

Recommended Action: Authorize the Director of Public Works to execute any necessary change orders for an additional construction contingency amount of $250,000 and increase the authorized contract amount to a not to exceed total of $1,706,627.70 to Granite Rock Company.

Staff Report

SECOND READING OF ORDINANCES

20. Subject: Consider conducting a second reading of an Ordinance amending Municipal Code Section 2.88.100 (Audit Committee - Duties-Powers-Responsibilities) Recommended Action: Conduct the second reading and enact Ordinance No. 22-2243:
“An Ordinance of the City Council of the City of Cupertino Amending Municipal Code Section 2.88.100: Audit Committee - Duties-Powers-Responsibilities.” Presenter: Thomas Leung, Senior Management Analyst
A - Draft Ordinance
PUBLIC HEARINGS - None

ORDINANCES AND ACTION ITEMS

21. Subject: Approve the July 1, 2022 through June 30, 2025 Memorandum of Understanding setting the salary and terms and conditions of employment for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3).

Recommended Action: 1. Adopt Resolution 22-101 amending the Memorandum of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) based on the attached tentative agreements;

2. Adopt Resolution 22-102 to approve budget modification 23-232, increasing budget appropriations by $471,742 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contract; and

3. Approve the corresponding Salary Schedule for OE3 employees effective July 1, 2022.

Presenter: Kristina Alfaro, Director of Administrative Services

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Staff Report
A - MOU- OE3 2022-2025 CLEAN
B - MOU- OE3 2022-2025 Redline
C - OE3 Side Letter Agreement 11-30-21 - signed
D - 2022-07-18 Side Letter Agreement - Healthcare
E - 2022-07-18 Side Letter Agreement - Lump Sum
F - 2021-04-20 Final OE3 POP Plan Side Letter Agreement G - Draft Resolution amending the OE3 MOU
H – Draft Resolution for budget modification 23-232 OE3

22. Subject: Approve and update the salary and terms, conditions of employment, and new job classification for the Unrepresented (Management and Confidential) Employees and Appointed Employees.

Recommended Action: 1. Adopt Resolution No. 22-103 amending the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2022;

2. Adopt Resolution No. 22-104 ; amending the Compensation Program for the Appointed Employees effective July 1, 2022

3. Approve a new job classification of Sr. Public Works Project Manager;

4. Approve salary realignment for the classifications of Capital Improvement Project Manager to Transportation Manager and of Deputy City Manager to Assistant Director of Community Development/Building Official and Assistant Director of Parks and Recreation; and

5. Accept title changes for classifications in the Unrepresented Employee Compensation Program

6. Adopt Resolution 22-105 to approve budget modification 23-234, increasing budget appropriations by $1,152,236 ensuring that there are sufficient budget appropriations to cover the costs associated with the Unrepresented Employee Group; and

7. Adopt Resolution 22-106 to approve budget modification 23-235, increasing budget appropriations by $27,227 ensuring that there are sufficient budget appropriations to cover the costs associated with the Appointed Employee Group.

Presenter: Kristina Alfaro, Director of Administrative Services Staff Report
A - Unrepresented Comp Program - CLEAN
B - Unrepresented Comp Program - Redline
C - APPOINTED Comp Program - CLEAN
D - APPOINTED Comp Program - Redline
E - Draft Resolution amending the Unrep Employees' Compensation Program F - Draft Resolution amending the Appointed Employees' Compensation Program G - Senior Public Works Project Manager Job Description 8-2022 H - Draft Resolution for budget modification 23-234 UNREP I - Draft Resolution for budget modification 23-235 APPOINTED

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23. Subject: Approve the July 1, 2022 through June 30, 2025 Memorandum of Understanding setting the salary and terms and conditions of employment for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21.

Recommended Action: 1. Adopt the Draft Resolution 22-107 amending the Memorandum of Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 based on the attached tentative agreements;

2. Adopt the Draft Resolution 22-108 to approve budget modification 23-233 increasing appropriations by $721,354 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contract; and

3. Approve the corresponding Salary Schedule for CEA employees effective July 1, 2022.

Presenter: Kristina Alfaro, Director of Administrative Services Staff Report
A - MOU - CEA CLEAN 7-29-22
B - MOU - CEA REDLINE 7-29-22
C - 2021-04-20 Final CEA Side Letter Agreement - signed D - 2021-12-14 Rev CEA Side Letter Agreement (Clean) - signed E - 2022-07-14 Side Letter Agreement - Healthcare
F - 2022-07-14 Side Letter Agreement - Lump Sum
G - 2021-04-20 Final CEA POP Plan Side Letter Agreement H - Draft Resolution amending the CEA_Local 21 MOU
I - Draft Resolution for budget modification 23-233 CEA

24. Subject: Discuss Priority Housing Sites for the 2023-2031 Housing Element update Recommended Action: That the City Council receive the report and presentation, provide input on the proposed housing inventory sites, and consider approval of the sites on the “Recommended Sites Inventory Table” (Attachment A) as the 6th Cycle Housing Element sites inventory
Presenter: Luke Connolly, Senior Planner, Community Development Department Staff Report
A - Recommended Sites Inventory
B - Cupertino Sites Overview
C - Pipeline Tier 1 Tier 2 Projects Map
D - Neighborhood Map Series
ORAL COMMUNICATIONS - CONTINUED (As necessary)

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or

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submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

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 Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the Cupertino City Council, Commissioners or City 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’s 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.

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CITY OF CUPERTINO
Agenda Item
22-10868 Agenda Date: 8/16/2022
Agenda #: 1.

Subject: Consider conducting the first reading of an Ordinance related to regulation of single-use plastic foodware and single-use carryout bags (Continued from May 17, 2022.) Conduct the first reading of Ordinance No. 22-2239: “An Ordinance of the City Council of the City of Cupertino amending City Code to change the name of section 9.15, adopt new sections 9.15.090 and

9.15.125, and amend sections 9.15.100, 9.15.110, 9.15.120, 9.15.130, 9.17.130, and 9.17.140 to regulate the use of single-use food service ware by food providers, regulate sale of single-use food service ware and expanded polystyrene foam coolers, and regulate single-use carryout bags” (Attachment A,) which includes a finding that adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA.)
Presenter: Ursula Syrova, Environmental Programs Manager CITY OF CUPERTINO Page 1 of 1 Printed on 8/11/2022
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CITY COUNCIL STAFF REPORT
Meeting: August 16, 2022
Subject
Consider conducting the first reading of an Ordinance related to regulation of single-use plastic foodware and single-use carryout bags.

Recommended Action
Conduct the first reading of Ordinance No. 22-xxxx “An Ordinance of the City Council of the City of Cupertino amending City Code to change the name of section 9.15, adopt new sections 9.15.090 and 9.15.125, and amend sections 9.15.100, 9.15.110, 9.15.120,

9.15.130, 9.17.130, and 9.17.140 to regulate the use of single-use food service ware by food providers, regulate sale of single-use food service ware and expanded polystyrene foam coolers, and regulate single-use carryout bags” (Attachment A,) which includes a finding that adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA.)
Background
Due to concern for the negative environmental impact of litter, chemical migration into food, waste reduction, and conservation of natural resources, the City of Cupertino seeks to further reduce the use of single-use plastics through regulation of food service ware. The City’s Zero Waste Policy, adopted in 2017, acknowledges that reusable foodware is generally preferred to single-use items and particularly seeks to reduce the production of unnecessary plastic food service ware. City Council made single-use plastics a City Work Program item in 2020 and Cupertino’s Sustainability Commission recommended restrictions on single-use plastic foodware at their meeting on January 20.

While there are many single-use plastic items, both recyclable and not recyclable used in everyday life, the scope of this Ordinance is limited to single-use plastic food service ware used by food and beverage providers and non-durable expanded polystyrene foam coolers. City Municipal Code currently bans the use of expanded polystyrene (EPS) foam foodware and bans single-use plastic carryout bags (with an exemption for restaurants bagging takeout food orders.)
City Council conducted a Study Session on this topic on March 1 and directed staff to:
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2  Include temporary waivers to reduce impacts to businesses  Reach out to the business community, including larger corporate interests  Gather information on consultants with restaurant operation and food service experience able to provide technical and financial assistance to food businesses during transition
 Explore collaboration with local schools, which would not be covered under this proposed Ordinance
 Research reusable solutions for boba tea, which is very popular locally and is often very reliant on single-use plastic for serving and presentation  Explore a pilot of reusable food service ware for takeout food and beverages  Explore coordinating similar efforts with surrounding cities  Explore amending Cupertino’s single-use carryout bag Ordinance to require compostable or recyclable produce bags
 Compare the greenhouse gas (GHG) impact of plastic versus compostable foodware
 Clarify the concerns about bio-plastics and allow for future changes that may make those materials acceptable to the compost processors
Discussion
Foodware Ordinance Amendments
Environmental Programs Division staff prepared proposed amendments to Municipal Code Chapter 9.15 that would enact a shift away from single-use plastic foodware and toward compostable and reusable foodware.

Cupertino currently prohibits food service providers from using EPS foam foodware.

The amended language (Attachments A and B) proposes to expand on that by requiring foodware accessories to be provided only when requested, banning the use of single-use plastic foodware, banning sale of bio-plastic foodware, and requiring reusables for dining in. The Ordinance enacts these prohibitions in two phases. The elements of those phases are summarized below and presented in Attachment C, which serves as an index to the draft Ordinance itself. Attachment D presents foodware cost comparison information, and Attachment E summarizes the outreach conducted to the food service providers and wider community on this topic.

The first phase of the Ordinance mirrors the requirements of State law Assembly Bill (AB) 1276, which became effective June 1, and requires that food service ware accessories such as utensils, chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks be provided only upon request by customers. This phase of the Cupertino Ordinance would make the requirements of AB 1276 locally enforceable and would become effective 30 days from the second reading, on October 6.

Initially this phase of the Ordinance included an additional recommendation to prohibit self-serve stations for single-use foodware accessories which went beyond what was required by the State law. While self-serve stations do lend themselves to customers taking more items than they need, leading to unnecessary expense and waste, 14 CC 08-16-2022
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3 prohibiting them could cause significant operational impact for some businesses. As such, it is recommended to remove that prohibition and allow this phase to remain identical to the requirements of AB 1276, which will also keep Cupertino in alignment with other jurisdictions and reduce confusion for chain businesses operating in multiple cities.

The second phase of the proposed Ordinance includes elements that are proposed to go into effect one year from the second reading, on September 6, 2023:

1. Prohibit the use of certain types of food service ware by food providers:
 Continue to prohibit use of expanded polystyrene foam food service ware.  Prohibit use of single-use plastic items (even if accepted as recyclable.)  Prohibit use of compostable food service ware that contains PFAS (a group of chemicals used to make a coating for products that resist heat, oil, strains, grease, and water) (as required by AB 1200.)
 Prohibit use of bio-plastics (compostable plastics.)

2. Require reusable food service ware for dining on site:
 Reusable food service ware must be provided for customers dining on site at the food provider’s location. This would require sufficient dishwashing capacity or a contract with a dishwashing service.

3. Prohibit the sale of certain non-compliant foodware:
 Ban local sale of expanded polystyrene foam foodware.  Ban local sale of bio-plastic foodware.
 Continue to allow local sale of traditional plastic foodware and accessories1.

4. Exempted items:
 Paper, wood, bamboo, and other fiber-based compostable foodware items accepted in the City’s compost program.
 Containers made entirely from aluminum and aluminum foil.  Plastic straws for those with medical need.
 Food prepared and packaged outside of the City.
 Compliant single-use food service used for taking home leftovers from dinein situations.  Temporary exemptions allowed if additional time needed to comply.  Temporary exemptions allowed for significant economic hardship.  Temporary exemptions allowed for unique packaging hardship.

Why Compostable “Bio-Plastics” Are Not the Answer

1 Plastic food service ware and accessories includes plastic cups, plates, bowls, utensils, stir sticks, etcetera.
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4 Foodware containers and utensils made from polylactic acid (PLA,) or other “bioplastics” made from corn or potato starch are not allowed in Cupertino’s organics recycling program, even if labeled as certified compostable. The one exception is that Biodegradable Products Institute (BPI) certified compostable plastic bags are still allowed for collecting food scraps. Problems with bio-plastics:
 They do not break down fast enough. A 60-day timeframe is typical at California composting facilities, which is different from the 180 days allowed by American Society for Testing and Materials (ASTM) standards.
 Considered a contaminant which must be screened out and sent to landfill.  Bio-plastics in landfill create methane as they degrade.  People confuse bio-plastics with recyclable traditional plastic.  Bio-plastic foodware is usually more expensive than other types.  Currently there is no place for bio-plastics in Cupertino’s waste streams.

There are currently no solutions to the various issues above, however, if technological advances occur in production, processing, or sorting, and these advances changes what is allowed in Cupertino’s local composting program, the Ordinance could be amended.

Single-Use Carryout Bags Ordinance Amendments
City Municipal Code (CMC) currently bans the use of single-use plastic carryout bags at all retail locations with an exemption for restaurants bagging takeout food orders. It requires a fee of ten cents for each paper bag provided at point of checkout and allows reusable bags to be provided with no fee.
 At the recommendation of the Sustainability Commission, a proposed amendment would remove the exemption allowing thin single-use carryout plastic bags for restaurants. If adopted, staff recommends an effective date of September 6, 2023, to align with the new proposed single-use plastic foodware requirements.
 Another amendment to the bag Ordinance would require a ten-cent charge for reusable bags, which would bring Cupertino Municipal Code into alignment with State law. As an observational survey showed grocery stores are already charging for both paper and reusable carryout bags, this is more of a Code cleanup issue, but other retailers will be informed for education and compliance.  In neither the current form of the CMC nor the proposed amended form would restaurants be required to charge a fee for carryout bags containing takeout food orders.
 A further amendment was suggested by City Council which would require compostable bio-plastic or paper produce bags at local supermarkets and farmers markets. This is not currently recommended due to uncertainty from Cupertino’s compost processors about the role of bio-plastic bags and because there is a State bill contemplating a similar requirement. Staff advises considering this issue when more information is available.

Environmental Comparison Between Types of Foodware
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5 While single-use foodware is highly visible and often non-essential, it is not a significant contributor of GHG in Cupertino, when compared to transportation or energy sources.

While there are lifecycle analyses of the various types of single-use foodware, they do not take into consideration the impacts of items that are littered and end up in the oceans; the concern over chemicals leaching into food, or that plastic single-use foodware is unlikely in actual practice to be clean enough to be recycled. They also do not take into consideration what has been called the “carrier benefit” of compostable foodware, which is something that does not need to be emptied or wiped clean of food scraps before being placed in a green bin and thus may carry more food scraps into the compost stream. Setting aside those gaps, most of the GHG production and water use are from resource extraction and manufacturing – fossil fuels for plastics, trees for paper, crops for bio-plastics and mining aluminum. Based purely on climate change impact, there is not a clear best choice among single-use items.2 Meanwhile, reusable items made from ceramic, steel, or glass consistently result in a lower carbon footprint after they have been reused and washed a number of times. Washing processes that are energy and water-efficient can reduce the break-even point considerably.3 Outreach to Schools and Large Corporations
Staff interviewed several large institutional food service providers in Cupertino during the summer of 2021 about their use of foodware. Common concerns included being able to quickly transition to reusables for dining in given needed structural changes and labor shortages. Conversations with representatives from Cupertino Union School District (CUSD) revealed concerns over product availability due to supply chain issues and cited a lack of dishwashing capacity and funding shortfalls. While CUSD would not be subject to the City’s Ordinance, they are open to collaborating for change and have already made choices to unbundle foodware available to students, have eliminated straws, and already use paper-based trays to hold food. Fremont Union High School District (FUHSD) has members of the Silicon Valley Youth Climate Action organization actively working on issues of climate change with leaders in the District and are requesting to form an advisory group to include representatives from the cities in FUHSD, climate groups, and students to act on a variety of topics, including waste reduction. Staff has also reached out to De Anza College to discuss this topic.

Assistance for Businesses During Transition
If the Ordinance is adopted, staff recommends contracting for technical and financial assistance to help Cupertino’s food service businesses understand and adjust to the requirements, including sourcing foodware and connecting businesses with mini grants.

A consultant who is deeply knowledgeable about food service business requirements,

2 “Food Service Ware LCA Harmonization.” State of Oregon Department of Environmental Quality accessed at https://www.oregon.gov/deq/FilterDocs/FoodLCAreport.pdf 3 “Reusable Food Service Ware.” State of Oregon Department of Environmental Quality and Franklin Associates, a Division of Eastern Research Group accessed at https://www.oregon.gov/deq/FilterDocs/reusable-fsw.pdf
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6 regulations, supplies, and challenges who also has experience with making these types of transitions will best be able to provide such assistance. A request for proposal is under development.

The Challenge of Bubble Tea
There are at least 14 locations in Cupertino that serve bubble “boba” tea as a primary item and others that serve bubble tea on their menu. Seeing the tea and tapioca pearls through the cup and shaking the drink to mix it are part of the expected experience, and out of the 14 boba-focused tea places, 13 used clear single-use plastic cups and a machine to heat-seal film plastic across the top to cover the drinks. From a limited online search, the heat-sealing machinery can cost around $2000, and for franchised shops the presentation and packaging could be required. Understanding these concerns, City Council is interested in reusable alternatives. Staff talked to one reusable takeout foodware solutions company operating out of Mountain View that is specifically piloting a clear cup alternative that would work for boba. Staff also purchased specialized mason jar lids, reusable straws, and travel cups as a demonstration and giveaway items for events such as Earth Day. A readily available solution does not currently exist to replace the experience of the heat-sealed transparent to-go cups. In recognition of this, the proposed Ordinance includes a “unique packaging exemption” that could be employed while reusable and fiber-based compliant options are encouraged.

Piloting Reusables for Takeout
Reusables for takeout food and drinks is a business model that is already gaining some traction in the Bay Area and elsewhere around the country and the world. A common method is to charge a deposit for a reusable to-go container which is refunded once the container is returned to a drop-off site, usually via a smart phone app. The returned containers are cleaned, sanitized, and returned to the food providers. In other models the containers are returned to participating businesses and washed and sanitized by the businesses themselves. City Council and Sustainability Commission were both interested to learn more about such possibilities, as were more than 60% of businesses and customers when asked in surveys. Staff has reached out to two providers for more information. Meanwhile, as a timely indicator that this is a topic of interest more widely, Starbucks announced on March 15 that it is planning to provide easy access to personal and other reusable to-go cups in café, drive-thru, and mobile orders by 2025. This plan includes making use of a double-window for drive-thru orders to enable customers to bring their own cups and a reusable and returnable borrowing cup model like what has already been described. Staff will continue to reach out to companies that provide this service and make a future recommendation to City Council for consideration of a possible local pilot.

Coordinating with other Cities
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7 similar to what happened with plastic bags and expanded polystyrene, a model Ordinance effort at the County level was derailed by COVID-19 and a few cities have advanced on their own in the meantime. Pausing this effort in Cupertino to attempt to coordinate efforts more broadly across the County would delay implementation beyond Fiscal Year (FY) 22-23. Acting now will place Cupertino as a leader, paving the way for other jurisdictions considering similar Ordinances. Figure one below shows the current and planned regulations of neighboring jurisdictions.

Figure 1: Comparison of Foodware Ordinances in Neighboring Jurisdictions 19 CC 08-16-2022
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8 Impact on Food Providers
Economically, the impact of the Ordinance could be mixed. With the implementation of the first phase per AB 1276 to offer utensils and accessories only on demand, providers could see cost savings from not giving out unwanted items. When the additional foodware requirements go into effect, providers using single-use plastic or bio-plastic food ware will need to use compliant PFAS-free fiber-based compostable or aluminum to-go foodware. The cost of transitioning to use compliant products could vary widely and is not universally more expensive. Food service providers surveyed in summer 2021 were using a combination of products. Transitioning to reusables for dine-in will require some businesses to purchase washable items and either make use of available dishwashing capacity or increase that capacity. Understanding that this may not be financially or practically possible in some cases, temporary waivers for additional time needed and financial hardship are included. Figure 2 below shows the range of food provider categories in Cupertino and anticipated impact.

Figure 2: Summary of Common Food Provider Types in Cupertino and Potential Impacts (based on business license data)
Type of Food Provider Number of
Businesses
% of
Total Expected Impacts
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9 Dine-in
(Full-service restaurants) 73 49%
Moderate:
 Over half of full-service
restaurants that offer dinein provide reusables, but
some provide only singleuse plastic or a combination
of both
Fast-food/casual
(Includes locations that also
offer dine-in with limited
seating, but operates primarily
through takeout orders)
34 23%
High:
 Majority of fast-food/casual
locations offer only singleuse items or a combination
of products such as singleuse plastics and paper/fiberbased items Café/bakery/dessert 22 15%
Moderate:
 Majority offer only singleuse disposables
Boba tea 13 9%
High:
 High-usage of single-use
plastic cups and straws
Grocery/Supermarkets 6 4%
Low:
 Single-use items not
primarily given out
Catering Trucks 2 1%
Moderate:
 Use only disposables
Impact of the Passage of Senate Bill (SB) 54: The Plastic Pollution Prevention and Packaging Producer Responsibility Act
On June 30, The Plastic Pollution Prevention and Packaging Producer Responsibility Act was signed into State law. This law is an extended producer responsibility law that will require the producers and manufacturers of certain plastic packaging and foodware to achieve specific targets by January 1, 2032:
o Reduce the weight and number of plastic items produced by 25% compared to 2023
o All covered items must be recyclable or compostable
o All covered items must be recycled or composted at a 65% rate In addition, the law specifies that no less than four percent of the required reductions come from shifting to reusable or refillable packaging and food ware systems. This shows awareness that shifting from one type of single-use product to another is not the whole solution and indicates that requiring reusables for dining in and exploring reusable takeout solutions as proposed with this local Ordinance will position Cupertino well for the future.
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10 California Environmental Quality Act
This Ordinance is not a project under the requirements of the CEQA, 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 proposed action to regulate the use of singleuse foodware by food providers and local sale of prohibited foodware and other expanded polystyrene products would have no or only a de minimis effect on the environment because reducing disposable plastic foodware items such as straws, utensils, and stirrer sticks and having compostable alternatives offered only upon request and other provisions of the Ordinance would not have the potential for causing a significant effect on the environment. In addition, if the proposed Ordinance were a project under CEQA, the project would be exempt from CEQA under CEQA Guidelines section 15307, which exempts from CEQA actions taken by regulatory agencies for the protection of the environment. The foregoing determination is made by the City Council in its independent judgment.

Next Steps
If adopted, the Ordinance will be brought before Council for a second reading on September 6.

Sustainability Impact
The proposed Ordinance is consistent with two actions in the Cupertino Climate Action Plan as well as California State law. The proposed Ordinance encourages a push towards more reusable foodware which is consistent with Climate Action Plan Measure C-SW-1: Zero Waste Goal. The proposed Ordinance promotes the collection of organics from the local waste stream, which will reduce GHG emissions from the landfill consistent with Climate Action Plan Measure C-SW-2: Food Scrap and Compostable Paper Diversion. Enabling organic items to reach the compost stream supports the diversion requirements of California Senate Bill 1383, the State’s short-lived climate pollutant reduction regulations.

Fiscal Impact
If the Ordinance is adopted, staff recommends contracting for technical and financial assistance to help Cupertino’s food service businesses understand and adjust to the requirements. The cost to hire technical assistance as described is expected to be approximately $100,000 to cover support both before and after the implementation of the most significant changes, including offering a defined number of small grants to help cover the costs of switching to reusables or purchasing compliant foodware. Of the 22 CC 08-16-2022
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11 money budgeted to the Single-Use Plastics Ordinance and Mayor’s Cup Challenge City Work Program Item under 520-81-802 750-084, page 469 of the FY21-22 Adopted Budget, it is anticipated that approximately $60,000 will be available that could be allocated for a technical assistance contract. The balance of $40,000 would be drawn from the Resource Recovery Enterprise Fund and has been approved as part of the FY 22-23 budget.

Ongoing compliance monitoring and support can be performed by existing staff conducting inspections and outreach for stormwater pollution prevention program and SB 1383.
_____________________________________
Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

A – Single-Use Plastics and Bags Draft Ordinance – Blackline Version B – Single-Use Plastics and Bags Draft Ordinance – Clean Version C – Single-Use Plastics Ordinance Elements and Phasing Summary D – Single-Use Foodware Cost Comparisons
E – Summary of Single-Use Plastics Outreach
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Attachment A
1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TO CHANGE THE NAME OF CHAPTER 9.15, ADOPT NEW SECTIONS 9.15.090 AND 9.15.125, AND AMEND SECTIONS 9.15.100, 9.15.110,

9.15.120, 9.15.130, 9.17.130 AND 9.17.140 TO REGULATE THE USE OF SINGLE-USE

FOOD SERVICE WARE BY FOOD PROVIDERS AND REGULATE THE SALE OF

SINGLE-USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM

COOLERS, AND REGULATE SINGLE-USE CARRYOUT BAGS

1. The City Council of the City of Cupertino finds that:

WHEREAS, on February 5, 2014, the City of Cupertino adopted an ordinance to prohibit food vendors from providing prepared food using food packaging containing polystyrene foam, currently codified as Chapter 9.15 of the City Code; and WHEREAS, this ordinance continues to prohibit the sale and use of polystyrene foam food service ware and also further regulates single-use food service ware and food service ware accessories in Cupertino; and
WHEREAS, the State adopted AB 619 in July 2019, which allows consumers to supply their own reusable containers for filling or refilling and requires that food establishments have an established procedure for safely accepting reusable containers; and
WHEREAS, the State recently adopted Assembly Bill 1200, which prohibits the sale or distribution of food packaging made primarily from paper, paperboard, or other natural fiber that contains per- and polyfluoroalkyl substances (PFAS) in California beginning January 1, 2023; and
WHEREAS, Assembly Bill 1200 does not include a verification mechanism to assist food providers in identifying whether the food packaging contains PFAS; and WHEREAS, this ordinance requires that food service ware used by a food provider in Cupertino be certified as PFAS-free by an independent third-party certifying organization to assist Cupertino food providers in identifying PFAS-free food service ware; and
WHEREAS, the State also recently adopted Assembly Bill 1276, which prohibits the distribution of single-use food service ware accessories and standard condiments packaged for single use by food providers except upon request by the consumer; and 24 CC 08-16-2022
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Ordinance No. __________

WHEREAS, this ordinance is consistent with the City of Cupertino’s Zero Waste Policy and Climate Action Plan that seek to reduce solid waste at its source and reduce single-use food service ware and packaging;
WHEREAS, the State adopted SB 270 on November 8, 2016 which requires certain retail stores to charge 10 cents for a reusable grocery bag or recycled paper bag and thus requiring an update to the language in Cupertino’s municipal code; and WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing on [date], and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended 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. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.
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Ordinance No. __________

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 proposed action to regulate the use of single-use foodware by food providers would have no or only a de minimis effect on the environment because reducing disposable plastic foodware items such as straws, utensils, and stirrer sticks and having compostable alternatives offered only upon request and other provisions of the ordinance would not have the potential for causing a significant 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 special meeting of the Cupertino City Council on August 16, 2022 and ENACTED at a regular meeting of the Cupertino City Council on September 6, 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:
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Ordinance No. __________

ABSTAIN:

SIGNED:
______________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Attachment A – Page 1
Attachment A – AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE

THE USE OF SINGLE-USE FOOD SERVICE WARE BY FOOD PROVIDERS AND

REGULATE THE SALE OF SINGLE-USE FOOD SERVICE WARE AND EXPANDED

POLYSTYRENE FOAM COOLERS AND REGULATE THE PROVISION OF

SINGLE-USE CARRYOUT BAGS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.

Where the explanatory text indicates that a new section is being added to the City Code, the new section is shown in plain text.

This ordinance amends several portions of the Municipal Code. For ease of review, the amendments advancing the primary objective are presented first followed by conforming amendments. There is a separate heading in bold italics for each portion of the Code being amended. Each portion is shown beginning on a separate page.

SECTION 1. ADDITION OF SECTION 9.15.090 CONCERNING THE PURPOSES OF

REGULATION OF THE USE AND SALE OF SINGLE-USE FOOD SERVICE WARE

AND EXPANDED POLYSTYRENE FOAM COOLERS

9.15.090 Purpose of Chapter
A. This chapter is determined and declared to be a health, sanitary, and safety measure for the promotion, protection and preservation of the health, safety and general welfare of the people and environment of the City of Cupertino.

B. Single-use disposable food service ware and beverage packaging - including plates, cutlery, cups, straws, “clamshells” and other containers - are major contributors to street litter, ocean pollution, marine and other wildlife harm, depletion of natural resources, and greenhouse gas emissions.

C. Plastic litter breaks down into smaller pieces that are not biodegradable, persist in the environment on land and sea, and are present in most of the world’s oceans. 28 CC 08-16-2022
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Single-Use Plastics and Carryout Bags - Page 2
D. Among other hazards, plastic debris attracts and concentrates ambient pollutants, such as endocrine disrupters and persistent organic pollutants, in seawater and freshwater that can transfer to fish, other seafood, and salt that is eventually consumed. Nine of the top ten most common debris items found on beaches in the U.S. during International Coastal Cleanup Day are single-use food and beverage plastic packaging items.

E. Discharge of litter into waters of the United States is prohibited by the Federal Clean Water Act and the City’s stormwater pollution prevention permit as issued by the San Francisco Bay Regional Water Quality Control Board.

F. Even if certain types of single-use plastic food service ware are accepted as recyclable by the City of Cupertino’s approved recyclables processor, when those items have food and grease residue on them, they become a contaminant to the recycling stream.

G. Natural fiber-based food service ware items can be diverted from landfill and processed into compost even when they have food and grease residue on them.

H. Certain synthetic chemicals known as Per- and Polyfluoroalkyl Substances (PFAS), which are commonly used in disposable food service ware to repel water and grease, pose a public health risk as they have been linked to serious health effects.

I. Polystyrene foam food service ware and other items made from unencapsulated foamed materials are a distinctive litter concern because they are lightweight, break apart easily, are windblown into streets and waterways, and float in water until it reaches the San Francisco Bay and ocean.

J. The City of Cupertino intends to reduce solid waste at its source and maximize recycling and composting in accordance with Cupertino’s Climate Action Plan, Zero Waste Policy, and stormwater pollution prevention permit.

K. Reducing disposable packaging by eliminating unnecessary items and transitioning to reusable products provides greater environmental benefits than managing the products that become waste, even when recycled or composted. 29 CC 08-16-2022
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Single-Use Plastics and Carryout Bags - Page 3
SECTION 2. AMENDMENTS TO SECTION 9.15.100 CONCERNING DEFINITIONS

9.15.100 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise:

1. "Beverage Provider" means any business, organization, entity, group, or person that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption. Beverage Provider also includes any organization, entity, group or person that regularly provides beverages to its members or the general public as a part of its activities or services.

2. “Biodegradable Products Institute (BPI)” refers to a certification program that ensures that products and packaging displaying the BPI logo have been independently tested and verified according to scientifically based standards to successfully break down in professionally managed industrial composting facilities. BPI-certified products meet the standards of the American Society for Testing Materials (ASTM) D6400 or D6868 for compostability. As of January 1, 2020, all BPI-certified products are required to have (1) a limit of 100 parts per million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance and (2) no intentionally added Fluorinated Chemicals.

3. “City” means the City of Cupertino.

4. “City Facility” means any building, structure, or vehicle owned or operated by the City.

5. “City Facility Food Provider” means an entity that provides, but does not sell, Prepared Food in City Facilities.

6. “City Manager” means the City of Cupertino’s City Manager or their designee.

7. “County” means the County of Santa Clara.

8. “Compostable” means that an item or material is (1) accepted in City’s available composting collection program as fully compostable; (2) is listed, described, or referenced on the City’s website as compostable; and (3) is certified compostable by the Biodegradable Product Institute or other third party recognized by the Director, or his or her designee.
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Single-Use Plastics and Carryout Bags - Page 4

9. “Contractors and Lessees” means any person or entity that has a contract with the City of Cupertino for public works or improvements to be performed, for a franchise, concession, or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the City of Cupertino.

10. “Director” means the City of Cupertino’s Director of Public Works or their designee.

A. "Disposable food service ware" means single-use disposable products used in the restaurant and food service industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls, and hinged or lidded containers (clamshells). "Disposable food service ware" does not include straws, utensils, drink lids, or ice chests.

11. “Distribute” means the sale, offer for sale, or other transfer of possession of an item for compensation, either as a separate transaction or as part of the sale, offer for sale, or other transfer of possession of another item for compensation.

12. “Fluorinated Chemical” means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as per- and polyfluoroalkyl substances, or PFAS chemicals.

13. “Food Container” means a container, bowl, plate, tray, or other vessel used to hold Prepared Food.

14. “Food Provider” means any establishment, provider, non-profit vendor, or business, operating within the City that sells Prepared Food (1) to the public for consumption on or off its premises, at a catered event, and/or (2) at cafeterias and places of employment, whether or not such establishments are open to the general public. Food Provider includes but is not limited to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, retail sales outlets, grocery stores, delicatessens serving the public, mobile or temporary food providers, vehicles or carts, or roadside stands.

15. “Food Service Ware” means any products used for serving or consuming prepared food and includes, but is not limited to, cups, bowls, plates, trays, cartons, boxes, wrapper or liners, hinged or lidded containers (clamshells), and other items used as part of food or beverage service or in which Prepared Food is placed or packaged on a Prepared Food Provider’s premises. 31 CC 08-16-2022
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Single-Use Plastics and Carryout Bags - Page 5

16. “Food Service Ware Accessory” means any type of accessory or accompanying items usually provided alongside Prepared Food in plates, containers, bowls, or cups, including but not limited to utensils, chopsticks, napkins, cup sleeves, food or beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, spill plugs, cocktail sticks, and toothpicks.

B. "Food vendor" means any establishment located in the City of Cupertino that sells or otherwise provides prepared food for consumption on or off its premises, and includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand.

17. “Person” means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, or association.

18. “Per- and Polyfluoroalkyl Substances” means, for the purposes of food packaging, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

19. C. "Polystyrene fFoam" means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). "Polystyrene foam" is commonly made into disposable food service ware products. "Polystyrene foam" does not include clear or solid polystyrene (oriented polystyrene).

D. "Prepared Food" means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. "Prepared food" does not include:
a. Any raw, uncooked meat products, fruits, or vegetables, unless it is intended for consumption without further preparation; or b. Prepackaged food that is delivered to the food vendor wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food vendor in the same container or packaging.

20. “Prepared Food” means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the 32 CC 08-16-2022
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Single-Use Plastics and Carryout Bags - Page 6
premises of a food provider for consumption, including, but not limited to, ready-to-eat, dine-in, take-out or complimentary food or beverage. “Prepared food” does not include: (1) raw eggs and raw, butchered meat, fish or poultry that is sold from a butcher case or a similar retail method; (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging; or (3) nonpolystyrene foam prepackaged items prepared on-site, which are not made to order and sold as “grocery items.”

21. “Raw Food” means any uncooked meat, fish, poultry, vegetable, fruit, or egg.

22. “Recyclable” means material that can be sorted, cleansed, and reconstituted and accepted by the City’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product.

23. “Reusable Food Service Ware” means all food service ware, including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.

24. “Single-use” means not meeting the definition of Reusable in these definitions.

25. “Standard Condiments and Spices” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes or others as determined by the City.

26. “State” means the State of California.

27. “Takeout Food” means Prepared Food requiring no further preparation, which is purchased to be consumed off a Prepared Food Provider’s premises. Takeout Food includes Prepared Food delivered by a Food Provider or by a third-party Takeout Food Delivery Service.

28. “Takeout Food Delivery Service” is a service that delivers Takeout Food from a Food Provider to a customer for consumption off the premises. This service can be provided directly by the Food Provider or by a third-party. 33 CC 08-16-2022
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29. “Third Party Food Delivery Platform” means a business engaged in the service of online food ordering and/or delivery from a Prepared Food Provider to a consumer.

SECTION 3. AMENDMENTS TO SECTION 9.15.110 CONCERNING REGULATION

OF FOOD SERVICE WARE AND POLYSTYRENE FOAM COOLERS USED BY FOOD

PROVIDERS AND SOLD BY RETAILERS

9.15.110 Polystyrene Foam Disposal Food Service Ware Prohibited. Regulation of Food Service Ware and Polystyrene Foam Coolers Used by Food Providers and Sold by Retailers
No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after July 1, 2014.

A. ACCESSORIES ONLY UPON CUSTOMER REQUEST
On or after October 6, 2022:

1. Food Providers shall provide Single-use Food Service Ware Accessories and Standard Condiments in single serve packets only upon request by customers during on-premises dining or when using a third-party food delivery platform.

Single-use Food Service Ware Accessories and Standard Condiments packaged for single use provided by Prepared Food Providers for use by consumers shall not be bundled or packaged in a manner that requires a consumer to take a different type of Single-use Food Service Ware Accessory or Standard Condiment

2. Food Providers and Beverage Providers, as well as City facilities, City-managed concessions, City-sponsored events, and City-permitted events, may provide plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services within the City.

3. Prepared Food Providers offering Standard Condiments and Spices are encouraged to use dispensers or bulk containers rather than pre-packaged individual serving packets.

4. Takeout Food Delivery Services that utilize digital ordering/point of sale platforms, including but not limited to the internet and smart-phone, shall only offer Single-Use Food Service Ware Accessories by providing clear options for 34 CC 08-16-2022
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customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no Single-Use Food Service Ware Accessories are requested. Each individual Single-Use Food Service Ware Accessory (e.g., each fork, knife, condiment packet, napkin, etc.) provided with Prepared Food must be specifically requested by the customer in order for a Food Provider to provide it.

5. A Prepared Food Provider may ask a drive-through consumer if the consumer wants a Single-use Food Service Ware Accessory if the Single-use Food Service Ware Accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

6. For delivery orders, Prepared Food Providers may choose to include specific accessories, such as cup lids, spill plugs, and trays, in order to prevent spills and deliver food and beverages safely.

B. USE OF NON-COMPLIANT FOOD SERVICE WARE PROHIBITED
On or after September 6, 2023:

1. Prepared Food or Beverage Providers, including City Facility Prepared Food Providers, and City Contractors and Lessees may not sell, offer for sale, or otherwise distribute Prepared Food prepared or packaged in Cupertino using:
a. Single-use Food Service Ware or Food Ware Accessories made, in whole or in part, from Polystyrene Foam;
b. Single-use Food Service Ware made, or Food Ware Accessories made, in whole or in part, from plastic including polyethylene, polyethylene terephthalate, polypropylene, polystyrene, even if accepted as recyclable by the City’s approved recyclables processing facility; c. Single-use Food Service Ware or Food Ware Accessories that are Compostable and not certified free of Fluorinated Chemicals by an independent third-party certifying organization approved by the Director, or their designee;
d. Single-Use Food Service Ware or Food Ware Accessories made in whole or in part from bio- or plant-based or other “compostable” plastic even if labeled or certified as compostable.

2. The Director, or their designee, may adopt a list, or reference an approved list, of suitable alternative Compostable or Recyclable aluminum Single-use Food 35 CC 08-16-2022
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Service Ware products, which means Single-use Food Service Ware products that serve the same intended purpose as non-compliant products, meet the standards for what is Compostable and/or Recyclable aluminum under this Chapter, and are reasonably affordable. If a product is not included or referenced on an approved list, the person using the product as Single-use Food Service Ware will have the burden of establishing to the Director’s satisfaction that the product complies with this Section.

3. It shall not be a violation of this Section to sell, provide, or purchase Prepared Food or Raw Food or Beverage packaged in Single-Use Food Service Ware otherwise prohibited by subsection (1) if the Prepared Food or Raw Food or Beverage is packaged outside the City and is sold or otherwise provided to the consumer in the same Single-use Food Service Ware in which it originally was packaged. Businesses packaging Prepared Food outside the City are encouraged to use Single-use Food Service Ware that is Compostable or Recyclable aluminum, is Compostable and free of Fluorinated Chemicals, and is not made, in whole or in part, from Polystyrene.

C. REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES
On or after September 6, 2023:

1. Prepared Food served for consumption on the Prepared Food Provider’s premises shall be served only on Reusable Food Service Ware, except that disposable paper food wrappers, sleeves, and bags, foil wrappers, paper napkins, paper tray and plate liners, and straws shall be permitted, so long as they meet the requirements set forth elsewhere in this Chapter.

2. Condiments, such as sauces, ketchup, or mustard, provided for on-site consumption, shall not be served in disposable, individual-serving packets.

3. Consumption is considered on-premises if it takes place at tables and/or seating provided by the Prepared Food Provider either on its own or in conjunction with another Prepared Food Provider.

4. New building permits and new or renewed business licenses for Food Service Providers applied for, and/or deemed complete after 6/1/2023 shall only be granted to Prepared Food Providers that can demonstrate adequate capacity to comply with subsection C.1.

5. This requirement does not prohibit a Prepared Food Provider from providing, upon a customer’s request, Single-use Food Service Ware compliant with 36 CC 08-16-2022
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10 subsection B.1 for the customer to take away leftover Prepared Food after dining on the premises.

6. Prepared Food Providers subject to the requirements of subsection C.1 that do not have onsite or off-site dishwashing capacity, or are unable to contract for services to wash, rinse, and sanitize Reusable Food Service Ware, in order to comply with applicable provisions of the California Health and Safety Code, may petition the Director for an exemption or extension under 9.15.120.

D. SALE OR DISTRIBUTION OF NON-COMPLIANT FOOD SERVICE WARE AND

EXPANDED POLYSTYRENE FOAM COOLERS PROHIBITED
On or after September 6, 2023:

1. No Person may sell, offer for sale, or otherwise Distribute within the City any Single-use Food Service Ware prohibited under Sections B.1.a. or B.1.d.

2. No person may sell, offer for sale, or otherwise distribute for compensation within the City coolers, ice chests, or similar containers made, in whole or in part, from Polystyrene Foam that is not wholly encapsulated or encased within a more durable material.

3. Pursuant to Section B.3, the Director may adopt, maintain, or reference a list of compliant products.

SECTION 4. AMENDMENTS TO SECTION 9.15.120 CONCERNING EXEMPTIONS A. A fFood vendor Provider may seek an exemption from the requirements under Section 9.15.110 due to a "unique packaging hardship" under Subsection B of this section, or "unused inventory" under Subsection C of this section, “significant economic hardship” under Subsection D, or request a temporary exemption to request extra time for compliance under Subsection E.

B. The fFood vendor Provider must demonstrate that no reasonably feasible alternative exists for to a specific and necessary polystyrene foam disposable prohibited Single-Use food service ware item to qualify for a "unique packaging hardship" exemption.

C. The fFood vendor Provider must demonstrate that before January 1, 2014[new effective date of this ordinance], it purchased the prohibited polystyrene foam food service ware which cannot be returned to the distributor and, despite the food 37 CC 08-16-2022
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11 vendor's best efforts, will remain in inventory on July 1, 2014[date], to qualify for an "unused inventory" exemption.

D. The Food Provider must demonstrate that the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Single-use Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Single-Use Food Service Ware is particularly burdensome to the Food Provider based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Provider, and other factors. Reasonable added cost for an item required by this Chapter shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Director shall consider the following information: ability of the Food Provider to recover the additional expense by increasing its prices, outside funding, and other options.

E. The Food Provider must demonstrate that for other reasons not already stated it needs additional time to comply with the provisions of this Chapter.

F. D. The fFood vendor Provider may submit a written application for an exemption on a form provided by to the Environmental Programs Division. The Director of Public Works designee ("Director") may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A request for exemption shall be reviewed on a case by case basis, and may be granted in whole or in part, with or without conditions, for a period of up to six (6) months or to January 1, 2015, whichever comes first one year. The determination of the Director shall be final and is not subject to appeal.

G. Prepackaged Food delivered from outside the City is exempt from the provisions of this Chapter.

H. Disposable Food Service Ware that is entirely Aluminum Foil-based including, but not limited to, aluminum trays, aluminum foil wrappers and aluminum foil baskets, is exempt from the provisions of this Chapter.

I. Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, 38 CC 08-16-2022
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12 property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

SECTION 5. ADDITION OF NEW SECTION 9.15.125 CONCERNING

RECORDKEEPING AND INSPECTION

9.15.125 Recordkeeping and inspection.

A. Food Providers shall keep a complete and accurate record or documents of the purchase of Single-use Food Service Ware evidencing compliance with this Chapter.

B. The record shall be made available for inspection at no cost during regular business hours to City employees or City-designated agents authorized to enforce this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Provider address.

C. The provision of false or incomplete information, records or documents to the city shall be a violation of this Chapter.

SECTION 6. AMENDMENTS TO SECTION 9.15.130 CONCERNING

ADMINISTRATIVE CITATIONS AND FINES

9.15.130 Administrative citations and fines.

A. (a) Grounds for an administrative citation. An administrative citation may be issued upon findings made by the City Manager, or his or her designee, when any person or food vendor has provided EPS foam food service ware to a customer or for violationed of any other provision of this Chapter.

B. (b) Administrative citation fine amounts. Upon findings made under subsection (Aa), the pPerson, Beverage Provider, or fFood vendor Provider shall be subject to an administrative citation pursuant to Chapter 1.10 of this Code. Fines for the administrative citation are as follows:
(1) First citation: One hundred dollars ($100.00).
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13 (2) Second citation for the same violation within the same twelve month period: Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same violation within the same twelve month period: Five hundred dollars ($500.00)
(4) Each day that any person or food vendor violates the provisions of this cChapter is a new and separate violation occurs.
(c) Administrative citation appeals and disposition shall be processed in accordance with Chapter 1.10 of this Code.

SECTION 7. AMENDMENTS TO SECTION 9.17.130 CONCERNING REGULATION

OF SINGLE-USE CARRYOUT BAGS

9.17.130 Single-uUse cCarryout bBags
A. No person or retail establishment shall provide a single-use carryout bag Single-Use Carryout Bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140.

B. Effective October 1, 2013 a A retail establishment may only make recycled paper or reusable bags available to customers if the retailer charges a minimum of ten cents.

Reusable bags may be given by retailers without charge.

C. Notwithstanding this section, no retail establishment may make available for sale a recycled paper or reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt.

D. A retail establishment may provide one or more recycled paper or reusable bags at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. 40 CC 08-16-2022
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14 9.17.140 Exemptions
The provisions of this Chapter shall not apply in the following circumstances where:

1. A plastic or paper carryout bag with or without handles is may be provided by a public eating establishment to transport prepared food; Beginning September 6, 2023, a public eating establishment may no longer provide single-use plastic carryout bags but may provide a recycled paper or reusable bag to transport prepared food at no charge.

2. A plastic or paper bag with or without handles is may be provided by a nonprofit charitable reuser;

3. A plastic or paper bag without handles is may be provided to transport prepared food, produce, bulk food, or meat from a department within a store to the point of sale;

4. A plastic or paper bag without handles is may be provided to hold prescription medication dispensed from a pharmacy;

5. A plastic or paper bag without handles is may be used to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled bag;

6. A garment bag or garment cover may be used to protect and transport clothing or other textiles.
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Attachment B
1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TO CHANGE THE NAME OF CHAPTER 9.15, ADOPT NEW SECTIONS 9.15.090 AND 9.15.125, AND AMEND SECTIONS 9.15.100, 9.15.110,

9.15.120, 9.15.130, 9.17.130 AND 9.17.140 TO REGULATE THE USE OF SINGLE-USE

FOOD SERVICE WARE BY FOOD PROVIDERS AND REGULATE THE SALE OF

SINGLE-USE FOOD SERVICE WARE AND EXPANDED POLYSTYRENE FOAM

COOLERS, AND REGULATE SINGLE-USE CARRYOUT BAGS

1. The City Council of the City of Cupertino finds that:

WHEREAS, on February 5, 2014, the City of Cupertino adopted an ordinance to prohibit food vendors from providing prepared food using food packaging containing polystyrene foam, currently codified as Chapter 9.15 of the City Code; and WHEREAS, this ordinance continues to prohibit the sale and use of polystyrene foam food service ware and also further regulates single-use food service ware and food service ware accessories in Cupertino; and
WHEREAS, the State adopted AB 619 in July 2019, which allows consumers to supply their own reusable containers for filling or refilling and requires that food establishments have an established procedure for safely accepting reusable containers; and
WHEREAS, the State recently adopted Assembly Bill 1200, which prohibits the sale or distribution of food packaging made primarily from paper, paperboard, or other natural fiber that contains per- and polyfluoroalkyl substances (PFAS) in California beginning January 1, 2023; and
WHEREAS, Assembly Bill 1200 does not include a verification mechanism to assist food providers in identifying whether the food packaging contains PFAS; and WHEREAS, this ordinance requires that food service ware used by a food provider in Cupertino be certified as PFAS-free by an independent third-party certifying organization to assist Cupertino food providers in identifying PFAS-free food service ware; and
WHEREAS, the State also recently adopted Assembly Bill 1276, which prohibits the distribution of single-use food service ware accessories and standard condiments packaged for single use by food providers except upon request by the consumer; and 42 CC 08-16-2022
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Ordinance No. __________

WHEREAS, this ordinance is consistent with the City of Cupertino’s Zero Waste Policy and Climate Action Plan that seek to reduce solid waste at its source and reduce single-use food service ware and packaging;
WHEREAS, the State adopted SB 270 on November 8, 2016 which requires certain retail stores to charge 10 cents for a reusable grocery bag or recycled paper bag and thus requiring an update to the language in Cupertino’s municipal code; and WHEREAS, the City Council of the City of Cupertino held a duly noticed public hearing on [date], and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended 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. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.
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Ordinance No. __________

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 proposed action to regulate the use of single-use foodware by food providers would have no or only a de minimis effect on the environment because reducing disposable plastic foodware items such as straws, utensils, and stirrer sticks and having compostable alternatives offered only upon request and other provisions of the ordinance would not have the potential for causing a significant 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 special meeting of the Cupertino City Council on August 16, 2022 and ENACTED at a regular meeting of the Cupertino City Council on September 6, 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Ordinance No. __________

SIGNED:
______________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Attachment A – Page 1
Attachment B – AN ORDINANCE OF THE CITY OF CUPERTINO TO REGULATE

THE USE OF SINGLE-USE FOOD SERVICE WARE BY FOOD PROVIDERS AND

REGULATE THE SALE OF SINGLE-USE FOOD SERVICE WARE AND EXPANDED

POLYSTYRENE FOAM COOLERS AND REGULATE THE PROVISION OF

SINGLE-USE CARRYOUT BAGS
SECTION 1. ADDITION OF SECTION 9.15.090 CONCERNING THE PURPOSES OF

REGULATION OF THE USE AND SALE OF SINGLE-USE FOOD SERVICE WARE AND

EXPANDED POLYSTYRENE FOAM COOLERS

9.15.090 Purpose of Chapter
A. This chapter is determined and declared to be a health, sanitary, and safety measure for the promotion, protection and preservation of the health, safety and general welfare of the people and environment of the City of Cupertino.

B. Single-use disposable food service ware and beverage packaging - including plates, cutlery, cups, straws, “clamshells” and other containers - are major contributors to street litter, ocean pollution, marine and other wildlife harm, depletion of natural resources, and greenhouse gas emissions.

C. Plastic litter breaks down into smaller pieces that are not biodegradable, persist in the environment on land and sea, and are present in most of the world’s oceans.

D. Among other hazards, plastic debris attracts and concentrates ambient pollutants, such as endocrine disrupters and persistent organic pollutants, in seawater and freshwater that can transfer to fish, other seafood, and salt that is eventually consumed. Nine of the top ten most common debris items found on beaches in the U.S. during International Coastal Cleanup Day are single-use food and beverage plastic packaging items.

E. Discharge of litter into waters of the United States is prohibited by the Federal Clean Water Act and the City’s stormwater pollution prevention permit as issued by the San Francisco Bay Regional Water Quality Control Board.

F. Even if certain types of single-use plastic food service ware are accepted as recyclable by the City of Cupertino’s approved recyclables processor, when those 46 CC 08-16-2022
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items have food and grease residue on them, they become a contaminant to the recycling stream.

G. Natural fiber-based food service ware items can be diverted from landfill and processed into compost even when they have food and grease residue on them.

H. Certain synthetic chemicals known as Per- and Polyfluoroalkyl Substances (PFAS), which are commonly used in disposable food service ware to repel water and grease, pose a public health risk as they have been linked to serious health effects.

I. Polystyrene foam food service ware and other items made from unencapsulated foamed materials are a distinctive litter concern because they are lightweight, break apart easily, are windblown into streets and waterways, and float in water until it reaches the San Francisco Bay and ocean.

J. The City of Cupertino intends to reduce solid waste at its source and maximize recycling and composting in accordance with Cupertino’s Climate Action Plan, Zero Waste Policy, and stormwater pollution prevention permit.

K. Reducing disposable packaging by eliminating unnecessary items and transitioning to reusable products provides greater environmental benefits than managing the products that become waste, even when recycled or composted.

SECTION 2. AMENDMENTS TO SECTION 9.15.100 CONCERNING DEFINITIONS

9.15.100 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise:

1. "Beverage Provider" means any business, organization, entity, group, or person that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption. Beverage Provider also includes any organization, entity, group or person that regularly provides beverages to its members or the general public as a part of its activities or services.
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2. “Biodegradable Products Institute (BPI)” refers to a certification program that ensures that products and packaging displaying the BPI logo have been independently tested and verified according to scientifically based standards to successfully break down in professionally managed industrial composting facilities. BPI-certified products meet the standards of the American Society for Testing Materials (ASTM) D6400 or D6868 for compostability. As of January 1, 2020, all BPI-certified products are required to have (1) a limit of 100 parts per million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance and (2) no intentionally added Fluorinated Chemicals.

3. “City” means the City of Cupertino.

4. “City Facility” means any building, structure, or vehicle owned or operated by the City.

5. “City Facility Food Provider” means an entity that provides, but does not sell, Prepared Food in City Facilities.

6. “City Manager” means the City of Cupertino’s City Manager or their designee.

7. “County” means the County of Santa Clara.

8. “Compostable” means that an item or material is (1) accepted in City’s available composting collection program as fully compostable; (2) is listed, described, or referenced on the City’s website as compostable; and (3) is certified compostable by the Biodegradable Product Institute or other third party recognized by the Director, or his or her designee.

9. “Contractors and Lessees” means any person or entity that has a contract with the City of Cupertino for public works or improvements to be performed, for a franchise, concession, or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the City of Cupertino.

10. “Director” means the City of Cupertino’s Director of Public Works or their designee.

11. “Distribute” means the sale, offer for sale, or other transfer of possession of an item for compensation, either as a separate transaction or as part of the sale, offer for sale, or other transfer of possession of another item for compensation. 48 CC 08-16-2022
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12. “Fluorinated Chemical” means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as per- and polyfluoroalkyl substances, or PFAS chemicals.

13. “Food Container” means a container, bowl, plate, tray, or other vessel used to hold Prepared Food.

14. “Food Provider” means any establishment, provider, non-profit vendor, or business, operating within the City that sells Prepared Food (1) to the public for consumption on or off its premises, at a catered event, and/or (2) at cafeterias and places of employment, whether or not such establishments are open to the general public. Food Provider includes but is not limited to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, retail sales outlets, grocery stores, delicatessens serving the public, mobile or temporary food providers, vehicles or carts, or roadside stands.

15. “Food Service Ware” means any products used for serving or consuming prepared food and includes, but is not limited to, cups, bowls, plates, trays, cartons, boxes, wrapper or liners, hinged or lidded containers (clamshells), and other items used as part of food or beverage service or in which Prepared Food is placed or packaged on a Prepared Food Provider’s premises.

16. “Food Service Ware Accessory” means any type of accessory or accompanying items usually provided alongside Prepared Food in plates, containers, bowls, or cups, including but not limited to utensils, chopsticks, napkins, cup sleeves, food or beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, spill plugs, cocktail sticks, and toothpicks.

17. “Person” means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, or association.

18. “Per- and Polyfluoroalkyl Substances” means, for the purposes of food packaging, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

19. "Polystyrene Foam" means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene).
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20. “Prepared Food” means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises of a food provider for consumption, including, but not limited to, readyto-eat, dine-in, take-out or complimentary food or beverage. “Prepared food” does not include: (1) raw eggs and raw, butchered meat, fish or poultry that is sold from a butcher case or a similar retail method; (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging; or (3) nonpolystyrene foam prepackaged items prepared on-site, which are not made to order and sold as “grocery items.”

21. “Raw Food” means any uncooked meat, fish, poultry, vegetable, fruit, or egg.

22. “Recyclable” means material that can be sorted, cleansed, and reconstituted and accepted by the City’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product.

23. “Reusable Food Service Ware” means all food service ware, including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.

24. “Single-use” means not meeting the definition of Reusable in these definitions.

25. “Standard Condiments and Spices” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes or others as determined by the City.

26. “State” means the State of California.

27. “Takeout Food” means Prepared Food requiring no further preparation, which is purchased to be consumed off a Prepared Food Provider’s premises. Takeout Food includes Prepared Food delivered by a Food Provider or by a third-party Takeout Food Delivery Service.

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29. “Third Party Food Delivery Platform” means a business engaged in the service of online food ordering and/or delivery from a Prepared Food Provider to a consumer.

SECTION 3. AMENDMENTS TO SECTION 9.15.110 CONCERNING REGULATION OF

FOOD SERVICE WARE AND POLYSTYRENE FOAM COOLERS USED BY FOOD

PROVIDERS AND SOLD BY RETAILERS

9.15.110 Regulation of Food Service Ware and Polystyrene Foam Coolers Used by Food Providers and Sold by Retailers
A. ACCESSORIES ONLY UPON CUSTOMER REQUEST
On or after October 6, 2022:

1. Food Providers shall provide Single-use Food Service Ware Accessories and Standard Condiments in single serve packets only upon request by customers during on-premises dining or when using a third-party food delivery platform.

Single-use Food Service Ware Accessories and Standard Condiments packaged for single use provided by Prepared Food Providers for use by consumers shall not be bundled or packaged in a manner that requires a consumer to take a different type of Single-use Food Service Ware Accessory or Standard Condiment

2. Food Providers and Beverage Providers, as well as City facilities, City-managed concessions, City-sponsored events, and City-permitted events, may provide plastic straws as an accommodation to people with disabilities who request them to enjoy equal access to food and beverage services within the City.

3. Prepared Food Providers offering Standard Condiments and Spices are encouraged to use dispensers or bulk containers rather than pre-packaged individual serving packets.

4. Takeout Food Delivery Services that utilize digital ordering/point of sale platforms, including but not limited to the internet and smart-phone, shall only offer Single-Use Food Service Ware Accessories by providing clear options for customers to affirmatively request these items separate from orders for food and beverages. The default option on the digital ordering/point of sale platforms shall be that no Single-Use Food Service Ware Accessories are requested. Each individual Single-Use Food Service Ware Accessory (e.g., each fork, knife, 51 CC 08-16-2022
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condiment packet, napkin, etc.) provided with Prepared Food must be specifically requested by the customer in order for a Food Provider to provide it.

5. A Prepared Food Provider may ask a drive-through consumer if the consumer wants a Single-use Food Service Ware Accessory if the Single-use Food Service Ware Accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

6. For delivery orders, Prepared Food Providers may choose to include specific accessories, such as cup lids, spill plugs, and trays, in order to prevent spills and deliver food and beverages safely.

B. USE OF NON-COMPLIANT FOOD SERVICE WARE PROHIBITED
On or after September 6, 2023:

1. Prepared Food or Beverage Providers, including City Facility Prepared Food Providers, and City Contractors and Lessees may not sell, offer for sale, or otherwise distribute Prepared Food prepared or packaged in Cupertino using:
a. Single-use Food Service Ware or Food Ware Accessories made, in whole or in part, from Polystyrene Foam;
b. Single-use Food Service Ware made, or Food Ware Accessories made, in whole or in part, from plastic including polyethylene, polyethylene terephthalate, polypropylene, polystyrene, even if accepted as recyclable by the City’s approved recyclables processing facility;
c. Single-use Food Service Ware or Food Ware Accessories that are Compostable and not certified free of Fluorinated Chemicals by an independent third-party certifying organization approved by the Director, or their designee;
d. Single-Use Food Service Ware or Food Ware Accessories made in whole or in part from bio- or plant-based or other “compostable” plastic even if labeled or certified as compostable.

2. The Director, or their designee, may adopt a list, or reference an approved list, of suitable alternative Compostable or Recyclable aluminum Single-use Food Service Ware products, which means Single-use Food Service Ware products that serve the same intended purpose as non-compliant products, meet the standards for what is Compostable and/or Recyclable aluminum under this Chapter, and are reasonably affordable. If a product is not included or referenced on an approved list, the person using the product as Single-use Food Service Ware will have the 52 CC 08-16-2022
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burden of establishing to the Director’s satisfaction that the product complies with this Section.

3. It shall not be a violation of this Section to sell, provide, or purchase Prepared Food or Raw Food or Beverage packaged in Single-Use Food Service Ware otherwise prohibited by subsection (1) if the Prepared Food or Raw Food or Beverage is packaged outside the City and is sold or otherwise provided to the consumer in the same Single-use Food Service Ware in which it originally was packaged.

Businesses packaging Prepared Food outside the City are encouraged to use Single-use Food Service Ware that is Compostable or Recyclable aluminum, is Compostable and free of Fluorinated Chemicals, and is not made, in whole or in part, from Polystyrene.

C. REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES
On or after September 6, 2023:

1. Prepared Food served for consumption on the Prepared Food Provider’s premises shall be served only on Reusable Food Service Ware, except that disposable paper food wrappers, sleeves, and bags, foil wrappers, paper napkins, paper tray and plate liners, and straws shall be permitted, so long as they meet the requirements set forth elsewhere in this Chapter.

2. Condiments, such as sauces, ketchup, or mustard, provided for on-site consumption, shall not be served in disposable, individual-serving packets.

3. Consumption is considered on-premises if it takes place at tables and/or seating provided by the Prepared Food Provider either on its own or in conjunction with another Prepared Food Provider.

4. New building permits and new or renewed business licenses for Food Service Providers applied for, and/or deemed complete after 6/1/2023 shall only be granted to Prepared Food Providers that can demonstrate adequate capacity to comply with subsection C.1.

5. This requirement does not prohibit a Prepared Food Provider from providing, upon a customer’s request, Single-use Food Service Ware compliant with subsection B.1 for the customer to take away leftover Prepared Food after dining on the premises.

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to wash, rinse, and sanitize Reusable Food Service Ware, in order to comply with applicable provisions of the California Health and Safety Code, may petition the Director for an exemption or extension under 9.15.120.

D. SALE OR DISTRIBUTION OF NON-COMPLIANT FOOD SERVICE WARE AND

EXPANDED POLYSTYRENE FOAM COOLERS PROHIBITED
On or after September 6, 2023:

1. No Person may sell, offer for sale, or otherwise Distribute within the City any Single-use Food Service Ware prohibited under Sections B.1.a. or B.1.d.

2. No person may sell, offer for sale, or otherwise distribute for compensation within the City coolers, ice chests, or similar containers made, in whole or in part, from Polystyrene Foam that is not wholly encapsulated or encased within a more durable material.

3. Pursuant to Section B.3, the Director may adopt, maintain, or reference a list of compliant products.

SECTION 4. AMENDMENTS TO SECTION 9.15.120 CONCERNING EXEMPTIONS A. A Food Provider may seek an exemption from the requirements under Section

9.15.110 due to a "unique packaging hardship" under Subsection B of this section, "unused inventory" under Subsection C of this section, “significant economic hardship” under Subsection D, or request a temporary exemption to request extra time for compliance under Subsection E.

B. The Food Provider must demonstrate that no reasonably feasible alternative exists for a specific and necessary prohibited Single-Use food service ware item to qualify for a "unique packaging hardship" exemption.

C. The Food Provider must demonstrate that before [new effective date of this ordinance], it purchased the prohibited food service ware which cannot be returned to the distributor and, despite the food vendor's best efforts, will remain in inventory on [date], to qualify for an "unused inventory" exemption.

D. The Food Provider must demonstrate that the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Single-use Food Service Ware is not available at a commercially reasonable price and the additional cost 54 CC 08-16-2022
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10 associated with providing the Single-Use Food Service Ware is particularly burdensome to the Food Provider based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Provider, and other factors. Reasonable added cost for an item required by this Chapter shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Director shall consider the following information: ability of the Food Provider to recover the additional expense by increasing its prices, outside funding, and other options.

E. The Food Provider must demonstrate that for other reasons not already stated it needs additional time to comply with the provisions of this Chapter.

F. The Food Provider may submit a written application for an exemption on a form to the Environmental Programs Division. The Director may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A request for exemption shall be reviewed on a case by case basis, and may be granted in whole or in part, with or without conditions, for a period of up to one year. The determination of the Director shall be final and is not subject to appeal.

G. Prepackaged Food delivered from outside the City is exempt from the provisions of this Chapter.

H. Disposable Food Service Ware that is entirely Aluminum Foil-based including, but not limited to, aluminum trays, aluminum foil wrappers and aluminum foil baskets, is exempt from the provisions of this Chapter.

I. Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.
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11 SECTION 5. ADDITION OF NEW SECTION 9.15.125 CONCERNING

RECORDKEEPING AND INSPECTION

9.15.125 Recordkeeping and inspection.

A. Food Providers shall keep a complete and accurate record or documents of the purchase of Single-use Food Service Ware evidencing compliance with this Chapter.

B. The record shall be made available for inspection at no cost during regular business hours to City employees or City-designated agents authorized to enforce this Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Provider address.

C. The provision of false or incomplete information, records or documents to the city shall be a violation of this Chapter.

SECTION 6. AMENDMENTS TO SECTION 9.15.130 CONCERNING ADMINISTRATIVE

CITATIONS AND FINES

9.15.130 Administrative citations and fines.

A. Grounds for an administrative citation. An administrative citation may be issued upon findings made by the City Manager, or his or her designee, for violation of any provision of this Chapter.

B. Administrative citation fine amounts. Upon findings made under subsection (A), the Person, Beverage Provider, or Food Provider shall be subject to an administrative citation pursuant to Chapter 1.10 of this Code. Fines for the administrative citation are as follows:
(1) First citation: One hundred dollars ($100.00).
(2) Second citation for the same violation within the same twelve month period: Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same violation within the same twelve month period: Five hundred dollars ($500.00)
(4) Each day that any person or food vendor violates the provisions of this Chapter is a new and separate violation.
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12 (c) Administrative citation appeals and disposition shall be processed in accordance with Chapter 1.10 of this Code.

SECTION 7. AMENDMENTS TO SECTION 9.17.130 CONCERNING REGULATION OF

SINGLE-USE CARRYOUT BAGS

9.17.130 Single-Use Carryout Bags
A. No person or retail establishment shall provide a Single-Use Carryout Bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section or in section 9.17.140.

B. A retail establishment may only make recycled paper or reusable bags available to customers if the retailer charges a minimum of ten cents.

C. Notwithstanding this section, no retail establishment may make available for sale a recycled paper or reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt.

D. A retail establishment may provide one or more recycled paper or reusable bags at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.

9.17.140 Exemptions

1. A plastic or paper carryout bag with or without handles may be provided by a public eating establishment to transport prepared food; Beginning September 6, 2023, a public eating establishment may no longer provide single-use plastic carryout bags but may provide a recycled paper or reusable bag to transport prepared food at no charge.

2. A plastic or paper bag with or without handles may be provided by a nonprofit charitable reuser;
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13 3. A plastic or paper bag without handles may be provided to transport prepared food, produce, bulk food, or meat from a department within a store to the point of sale;

4. A plastic or paper bag without handles may be provided to hold prescription medication dispensed from a pharmacy;

5. A plastic or paper bag without handles may be used to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled bag;

6. A garment bag or garment cover may be used to protect and transport clothing or other textiles.
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REGULATION OF SINGLE-USE FOOD SERVICE WARE BY FOOD PROVIDERS 10/6/2022 Mirrors AB1276, effective 6/1/2022. CMC effective date: 30 days from second reading

9.15.110 A ACCESSORIES ONLY UPON CUSTOMER REQUEST
A.1 Accessories and condiments only on request and unbundled for dine-in, take-out, and delivery apps
A.2 Disallow self-serve stations
A.2 Plastic straws may be retained and provided as an accommodation A.3 Encourage bulk condiment dispensers rather than individual packets A.4 Online ordering for pickup/delivery must provide option to affirmatively opt in to choosing each accessory piece individually
A.5 Exceptions for instances of drive-through and food deliveries in which items like cup lids, lid plugs, hot sleeve cups may be offered to prevent spills or safely transport food A.6 For delivery orders, accessories allowed to prevent spills and deliver safely. 9/6/2023 1 year after accessories phase

9.15.110 B USE OF NON-COMPLIANT FOODWARE PROHIBITED
B.1 No sale or distribution of Prepared packaged by food providers (including City Facility Prepared Food Providers) in Cupertino using:

B.1.a Expanded Polystyene (EPS) foam
B.1.b Single-use plastics (even if accepted as recyclable) B.1.c Compostables with PFAS
Allow PFAS-free paper, wood, bamboo, or fiber-based compostable items B.1.d Bio-plastics ("compostable plastics")

9.15.120(G) Prepackaged food from outside the City exempted

9.15.120(I) Allow aluminum containers and foil (as exemption) B.2 Director of Public Works (or designee) to maintain list of suitable products and/or provide reference to an approved list
B.3 Exemption for food/beverages prepared and packaged outside of the City

9.15.110 C REUSABLE FOOD SERVICE WARE FOR DINING ON PREMISES C.1 Dine-in requires reusables
C.1 Allowable: disposable paper food wrappers, sleeves, and bags; foil wrappers; paper napkins; paper tray and plate liners; and straws if meet requirements.

C.2 Condiments shall not be in single-service packets
C.3 Definition of on-premises as belonging to food provider or shared C.4 New building permits trigger condition of approval requiring dishwashing capacity to allow reusables on-premises.

C.4 New and renewed business licenses trigger condition of approval requiring dishwashing capacity to allow reusables on-premises.

C.5 Dine-in still allows nonreusable containers for leftovers.

C.6 Waiver/extension option for existing restaurants without dishwashing capacity Attachment C
Cupertino DRAFT PROPOSED Single-Use Plastics Ordinance
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9.15.110 D SALE OR DISTRIBUTION OF NON-COMPLIANT FOODWARE AND EPS COOLERS PROHIBITED D.1 Ban sale of prohibited items in B.1.a. (EPS) or B.1.d. (bio-plastics) D.2 Ban sale of expanded polystyrene ice chests
D.3 Director may adopt or refrence a list of compliant products

9.15.120 A Exemptions available for unique packaging hardship, unused inventory, significant economic hardship, or extra time needed to comply
B Unique packaging hardship
C Unused inventory
D Significant economic hardship
E Needs additional time
F Method of applying for exemption with time limit of 1 year G Prepackaged food is exempt
H Food service ware that is entirely aluminum foil-based is exempt I Emergencies are exempt

9.15.125 A All food providers must keep records of purchase of single-use foodware showing compliance B Records to be made available for inspection by the City C False or incomplete information is a violation

9.15.130 A, B, C, D Wording cleanup to reflect changes in earlier sections

9.17.130 A Capitalization of term
B
Addition of reusable bags to those that require a minimum charge of ten cents by retail establishments. (Formerly, reusable bags were allowed to be provided at no charge, which is at odds with State law).

C, D Wording adjustment to add reusable bags

9.17.140 1
Removes the exemption for restaurants, meaning they may no longer use single-use plastic bags for transporting prepared food. No bag fee is required to be charged by restuarants for use of allowable recycled paper or reusable bags.
2-6 Grammatical wording clenaup.

AMENDMENTS CONCERNING REGULATION OF SINGLE-USE CARRYOUT BAGS

EXEMPTIONS
NEW SECTION 9.15.125 CONCERNING RECORDKEEPING AND INSPECTION

AMENDMENTS REGARDING CITATIONS AND FINES
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Attachment D
Food Service Ware Price Comparison
This document contains data and graphics gathered and created by staff at the City of Mountain View in Fall 2021. Follow-up research by City of Cupertino staff showed current pricing largely unchanged. We thank the City of Mountain View for sharing this research work.

This document compares the typical per-item price range of commonly used disposable food service ware items. While this is not an exhaustive price survey, it provides preliminary insight into financial implications of the proposed food service ware regulations on food providers. While traditional plastic cups and containers are currently accepted for recycling in Cupertino, recycling markets for most of these common foodware markets are weak and they may end up contaminating the recycling if they are not empty and wiped clean. Transitioning these items to compostable, fiber-based materials or recyclable aluminum will reduce recycling contamination and landfilled waste. Proposed Single-Use Plastics Ordinance non-compliant items are shown in red and compliant in green.

Box-and-whisker plots divide the data into quartiles. The typical per-item price range is the middle two quartiles, 25th through 75th percentile values of all prices surveyed. The line inside the box is the median. The lines or “whiskers” above and below the bar show the maximum and minimum prices found. The data sets exclude statistical outliers. 61 CC 08-16-2022
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1. Rectangular Tray with Lid (approximately 9”x6”)
Black plastic trays with clear lids are a commonly used type of takeout food packaging. As shown, aluminum trays are a cost-effective compliant alternative for this type of container, with significant per-item savings over black plastic.

2. Large 9”x9” Hinged Container (“Clamshell”)
The median price for certified PFAS-free fiber clamshells is the same as that of plastic, though the typical price ranges differ. Compostable plastic is the most expensive option, so food providers currently using these items will save money by switching to compliant fiber-based alternatives.

Black plastic
w/clear lid
Certified PFAS-free
fiber tray w/lid
Aluminum tray
w/lid
Non-compliant
paper/fiber
Plastic “Compostable”
plastic
Certified PFASfree fiber
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3. Food Containers/Soup Cups (16 oz)
These products are often used to hold soups and other hot, liquid-based items for takeout orders. In this category, plastic containers were significantly cheaper than compliant alternatives, meaning food vendors will likely experience increased costs to comply with the proposed Single-Use Plastics Ordinance regulations.

4. Hot Beverage Cups (16 oz)
There are only two primary material types for hot beverage cups: paper that is not certified as PFAS-free, and certified PFAS-free paper or fiber. While certified options are slightly more expensive, many of the cheaper non-compliant products may no longer be allowed when California’s PFAS ban takes effect in 2023.

Non-compliant
paper/fiber
Certified PFASfree fiber
Plastic
Non-compliant
paper/fiber
Certified PFASfree paper/fiber
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5. Cold Beverage Cups (16 oz)
Cold cups are available in both plastic and fiber options. Under the proposed Single-Use Plastics Ordinance, clear plastic cups will no longer be allowed. Food providers are likely to encounter increased costs in transitioning cold cups to compliant fiber-based options unless they currently use compostable plastic.

Overall trends:
 The impacts of switching to compostable, certified PFAS-free or recyclable aluminum disposable food service ware is likely to be a mix of cost increases and cost savings, depending on the specific foodware item and compliant alternatives.  Compostable plastic is the most expensive option for many products. Businesses using compostable plastic can save money switching to compliant fiber items.  This research revealed large variation in price for the same products across different distributors, so food providers should obtain quotes from multiple distributors when searching for compliant food service ware items.  Confusing labelling and “greenwashing” of non-compliant plastic and fiber products makes it more complicated for food vendors to identify compliant products. For example, some petroleum-based plastic items are labelled “ecofriendly” since they use less plastics than similar products or contain recycled material, but they are not compliant with the proposed ordinance.

Certified PFASfree paper/fiber“Compostable”
plastic
Plastic
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Single-Use Plastics Ordinance Outreach
Activity or Event Name Date Estimated # of Contacts
Engage Cupertino WebPage July 23,2021 - July 20,2022 920 views Door-to-Door Business Survey August 1-31, 2021 83
Online Business Survey July 20 - Sept. 20,2021 12
Online Consumer Survey August 1 - Sept. 15, 2021 111
Sustainability Commission Meeting March 18, 2021 Publicly noticed meeting Cupertino Scene article June 1, 2021 Mailed to 23,284 homes in Cupertino, also online
Teen Commission Meeting August 11, 2021 Publicly noticed meeting Facebook and Twitter post about
exploring new ordinance and
requesting survey responses
August 17, 2021 1605
Chamber of Commerce Meeting August 24, 2021
Chamber Board members and
other attendees
Short video inviting feedback (40
seconds, produced in-house) Launched August 31, 2021
54 views on YouTube, daily
rotation on City TV channel and
on display screens at City public
facilities
Video promtoed on Facebook and
Twitter with invitation for feedback August 31, 2021 1226 Chamber of Commerce LAC Meeting September 10, 2021 Chamber Board members and other attendees
Fall Festival September 11, 2021 Approx. 50 people engaged in conversation, took survey
Sustainability Commission Meeting October 21, 2021 Publicly noticed meeting Sustainability Commission Meeting January 20, 2022 Publicly noticed meeting Informational Mailer Postcard February 18, 2022 180 food food service businesses Facebook and Twitter post promoting
the Study Session February 23, 2022 1322
Facebook and Twitter post promoting
the Study Session February 28, 2022 1293
Cupertino Scene article March 1, 2022 Mailed to 23,284 homes in Cupertino, also online
City Council Study Session March 1, 2022 Publicly noticed meeting, recording available online
Mercury News Local Section article March 14, 2022 Readership reported as over 312,000 people daily
Pre-Draft Ordinance
Attachment E
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Chamber of Commerce Meeting March 22, 2022 Chamber Board members and other attendees
Facebook and Twitter post promoting
first reading on 4/5 April 5, 2022 978
Earth and Arbor Day Festival April 23, 2022
Information provided at table,
reusable foodware piloted at food
trucks to raise awareness
Hand delivered postcards to select
businesses April 26-29, 2022 22
Business Connect - Cupertino's
Economic Development Newsletter April 28, 2022 3,500
Cupertino Scene article May 1, 2022 Promo for Mayor's Cup Challenge (plastics awareness)
Mayor's Cup Challenge - Described
basics to during Policy Panel May 14, 2022
Approximately 80 participants inperson, 14 live online, 56 views of recording
Cupertino Scene article June 1, 2022
Info on AB1276 re: utensils and
condiments on demand
Flyer and postcard provided to Rick
Kitson for additional promotion July 14, 2022 unknown
Business Connect - Cupertino's
Economic Development Newsletter July 15, 2022 3,500
Informational Mailer to promote
participation at City Council meeting August 8, 2022 430 food service businesses City Council Special Meeting August 16, 2022 Publicly noticed meeting 66 CC 08-16-2022
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CITY OF CUPERTINO
Agenda Item
22-11246 Agenda Date: 8/16/2022
Agenda #: 1.

Subject: Presentation from Safer From Wildfires on achievable and effective wildfire recovery and readiness measures for homes and businesses
Receive presentation from Safer From Wildfires on achievable and effective wildfire recovery and readiness measures for homes and businesses
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<"~\ Governor'~Officeofd Research
( ~ _J Planning an · ..........

CALIFORNIA _ • Commission Public Utilities
Safer from Wildÿres in 1 2 3
Safer from Wildÿres is an interagency partnership between Insurance Commissioner Ricardo Lara and the emergency response and readiness agencies in Governor Gavin Newsom’s administration to protect lives, homes, and businesses by reducing wildÿre risk.

With California experiencing devastating, climate change-intensiÿed wildÿres, homes and businesses need insurance they can rely on.

Commissioner Lara is using every tool available to improve insurance for our communities. Drawing on the direct experience of ÿrst responders and the latest research on wildÿres, the partnership created a consistent approach to reducing risk with a list of achievable and e°ective actions to help make existing homes and businesses safer from wildÿres. The ultimate goal is protecting consumers by reducing wildÿre risk in their communities, making insurance available and a°ordable for all Californians.

This “ground up” approach for wildÿre resilience has three layers of protection — for the structure, the immediate surroundings, and the community — to prevent wildÿres from catching and spreading to other homes and businesses in the neighborhood. • Class-A Fire rated roof
• Maintain a 5 foot ember-resistant zone around a home
(including fencing within 5 feet)
• Noncombustible 6 inches at the bottom of exterior walls • Ember and fire-resistant vents (See Low-Cost Retrofit List, and Chapter 7A)
• Upgraded windows (Double paned or added shutters)
• Enclosed eaves
Protecting the 1 structure Working together as a 3 community • A community should have clearly deÿned boundary and a local risk assessment in consultation with the local ÿre district or state ÿre agency; an identiÿed evacuation route, cleared of vegetative overgrowth, and evacuation plan contingencies; clear funding sources to implement community mitigation activities and meet clear risk reduction goals; and integrated and up-to-date local planning documents pertinent to community wildÿre risk. • Current examples include the Fire Risk Reduction Community designation under development by the Board of Forestry, Firewise USA communities in good standing, and
Shelter-in-Place designations.

Commissioner Lara is working to increase available
incentives for wildÿre safety. To view the list of insurance companies currently offering discounts visit
insurance.ca.gov.
• Cleared vegetation and debris from under decks
• Removal of combustible sheds and other outbuildings
from the immediate surroundings of the home, to at least a distance of 30 feet
• Defensible space compliance (including trimming trees, removal of brush and debris from yard, and compliance
with state law and local ordinances)
Protecting the immediate 2 surroundings
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CITY OF CUPERTINO
Agenda Item
22-11069 Agenda Date: 8/16/2022
Agenda #: 2.

Subject: Brief reports on councilmember activities and brief announcements Receive brief reports on councilmember activities and brief announcements CITY OF CUPERTINO Page 1 of 1 Printed on 8/11/2022
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CITY OF CUPERTINO
Agenda Item
22-11080 Agenda Date: 8/16/2022
Agenda #: 3.

Subject: Report on Committee assignments
Report on Committee assignments
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CITY OF CUPERTINO
Agenda Item
22-10971 Agenda Date: 8/16/2022
Agenda #: 4.

Subject: Report on Subcommittee assignments
Report on Subcommittee assignments
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CITY OF CUPERTINO
Agenda Item
22-11091 Agenda Date: 8/16/2022
Agenda #: 5.

Subject: City Manager update
Receive City Manager update on City business
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CITY OF CUPERTINO
Agenda Item
22-11338 Agenda Date: 8/16/2022
Agenda #: 6.

Subject: Department Update - Information Technology
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CITY OF CUPERTINO
Agenda Item
22-10496 Agenda Date: 8/16/2022
Agenda #: 7.

Subject: Consider approval of the July 19 City Council minutes Approve the July 19 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, July 19, 2022

SPECIAL MEETING
At 5:30 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None. Vice Mayor Liang Chao and Councilmember Hung Wei attended via teleconference.

REPORTS BY COUNCIL AND STAFF

1. Subject: Consider receipt of an update on the Lawrence-Mitty Park project.

Recommended Action: Receive an update on the status of the Environmental Summary Report, public outreach process, and joint commission recommendations for the Lawrence-Mitty Park project and provide input.

Presenter: Lisa Cameli, Project Manager
Written Communications for this item included a staff presentation and emails to Council.

Project Manager Lisa Cameli and MIG Project Manager Jan Eisland and Public Outreach Specialist Myrna Ortiz gave a presentation.

Mayor Paul opened the public comment period and the following people spoke.

Jill Halloran supported consideration for lighting, adding to the tree canopy, the bike trail located further from the creek, and native trees, plants, and grasses.

Jennifer Griffin supported the riparian habitat corridor, the bike lane near Lawrence Expressway, low lighting, and addressing safety including adding an emergency phone. 75 CC 08-16-2022
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Rani Fischer supported a plan to minimize lighting for insects and birds, an emphasis on native plants, and locating the bike path away from stream.

Lisa Warren supported a park name change, consultant efforts, minimizing lighting, canopy cleanup, a bike path closer to the road, soil testing, and an emergency phone.

Susan Moore supported the project, a restroom onsite, and varied wall options.

City Clerk Kirsten Squarcia read emails from the following people. - Caitlin Huang supported a fenced in area for off-leash dogs as part of the new park. - Annie Yang, representing Santa Clara Valley Audubon Society, supported native trees and plants, a trail far away from the creek, and no artificial park lighting.

Mayor Paul closed the public comment period.

Councilmember asked questions and made comments.

Council received the update on the status of the Environmental Summary Report, public outreach process, and joint commission recommendations for the Lawrence-Mitty Park project and provided the following input.

General areas of interest included:
 addressing crime and safety concerns
 exploring how to maintain the space
 considering operational needs for ongoing site trash management  continuing the conversation on vegetation, including native plantings to support pollinators
 paying special attention to the landscaping including native species  considering park design, amenity, and recreational options like bike and skate facilities
 providing options for a sound wall or sound attenuation  addressing stormwater runoff
 researching examples of amenities and recreational features at other parks  incorporating nature and fitness into overall park design  continuing outreach and seeking neighborhood input
 designing for improved accessibility and future access from the north  considering location and operational needs for adding a public restroom  protecting heritage trees
 exploring soil mitigation alternatives
At 6:38 p.m., Mayor Paul adjourned the Special City Council Meeting. 76 CC 08-16-2022
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ADJOURNMENT

REGULAR MEETING
At 6:45 p.m., Mayor Paul called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Vice Mayor Liang Chao and Councilmember Hung Wei attended via teleconference.

CEREMONIAL MATTERS AND PRESENTATIONS

1. Subject: Consider proclamation of the Parks and Recreation Month Proclamation, July 2022
Recommended Action: Present proclamation for the Parks and Recreation Month, July 2022.

Acting Director of Parks and Recreation Rachelle Sander received the proclamation for the Parks and Recreation Month, July 2022.

Mayor Paul presented the proclamation for the Parks and Recreation Month, July 2022.

POSTPONEMENTS AND ORDERS OF THE DAY
Paul moved and Wei seconded to hear Item 28 after 9 p.m. and, if Council reached Item 28 before 9 p.m., the next item will be heard first. The motion carried unanimously.

ORAL COMMUNICATIONS
Planning Commissioner Muni Madhdhipatla (representing self) opposed foreign buyers of homes in the City and supported a foreign ownership tax. (Submitted written communications).

Jennifer Griffin opposed AB 2011 allowing for by-right, ministerial approval for high-density housing on commercial sites and was concerned about potentially contaminated sites.

Lisa Warren opposed adding a skate or bike park at Lawrence-Mitty Park and supported 77 CC 08-16-2022
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alternative locations, as well as another cleanup event and continued landscape treatments.

Rhoda Fry was concerned about the Cupertino Chamber of Commerce as a lobbying organization and Chamber PAC contributions, as well as at-risk City tax dollars.

Humberto Nava, representing Carpenters Union 405, supported labor standards for Cupertino workers, programs to secure work opportunities, and government safety net programs.

Brooke Ezzat supported contracts in writing, with deliverables and opposed rumors during elections, including recent posts on Nextdoor and letters about the City Attorney in 2018.

Walter Picon, representing Carpenters Union 713, supported ensuring Cupertino workers have labor standards and work protections.

Byron Picon Orellana, representing Carpenters Union 713, supported apprenticeship programs and class trainings for Cupertino construction workers.

City Clerk Kirsten Squarcia read emails from the following people. - Caitlin Huang supported the election of a resident-focused City Council and various major accomplishments since 2018.
- Danessa Techmanski opposed a Cupertino-Sunnyvale League of Women Voters statement about Cupertino’s lobbying ordinance.

REPORTS BY COUNCIL AND STAFF

2. Subject: Brief reports on councilmember activities and brief announcements Recommended Action: Receive brief reports on councilmember activities and brief announcements
Council received brief reports on councilmember activities and brief announcements.

3. Subject: Report on Committee assignments
Recommended Action: Report on Committee assignments
Councilmembers highlighted the activities of their various committees.

4. Subject: Report on Subcommittee assignments
Recommended Action: Report on Subcommittee assignments
Councilmembers reported on Subcommittee assignments.
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5. Subject: City Manager update
Recommended Action: Receive City Manager update on City business Council received the City Manager update on City business.

CONSENT CALENDAR (Items 6-24)
Willey moved and Moore seconded to approve the items on the Consent Calendar except for Items 15-18 which were pulled for discussion. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes:

None. Abstain: None. Absent: None.

Moore moved and Willey seconded to postpone Items 15-18 to a future meeting. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None. Absent: None.

6. Subject: Consider approval of the June 30 City Council minutes Recommended Action: Approve the June 30 City Council minutes

7. Subject: Consider approval of the July 6 City Council minutes Recommended Action: Approve the July 6 City Council minutes

8. Subject: Consider approval of the July 7 City Council minutes Recommended Action: Approve the July 7 City Council minutes

9. Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period July 19, 2022 through August 18, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action: Adopt Resolution No. 22-083 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period July 19, 2022 through August 18, 2022 pursuant to the Brown Act, as amended by AB 361

10. Subject: Consider accepting Accounts Payable for the period ending May 2, 2022 (Continued from June 21, 2022)
Recommended Action: Adopt Resolution No. 22-071 accepting Accounts Payable for the period ending May 2, 2022

11. Subject: Consider accepting Accounts Payable for the period ending May 9, 2022 (Continued from June 21, 2022)
Recommended Action: Adopt Resolution No. 22-072 accepting Accounts Payable for the period ending May 9, 2022
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12. Subject: Consider accepting Accounts Payable for the period ending May 16, 2022 (Continued from June 21, 2022)
Recommended Action: Adopt Resolution No. 22-073 accepting Accounts Payable for the period ending May 16, 2022

13. Subject: Consider accepting Accounts Payable for the period ending May 23, 2022 (Continued from June 21, 2022)
Recommended Action: Adopt Resolution No. 22-074 accepting Accounts Payable for the period ending May 23, 2022

14. Subject: Consider accepting Accounts Payable for the period ending May 31, 2022 (Continued from June 21, 2022)
Recommended Action: Adopt Resolution No. 22-075 accepting Accounts Payable for the period ending May 31, 2022

15. Subject: Consider accepting Accounts Payable for the period ending June 6, 2022 Recommended Action: Adopt Resolution No. 22-084 accepting Accounts Payable for the period ending June 6, 2022
Council postponed this item to a future meeting.

16. Subject: Consider accepting Accounts Payable for the period ending June 13, 2022 Recommended Action: Adopt Resolution No. 22-085 accepting Accounts Payable for the period ending June 13, 2022
Council postponed this item to a future meeting.

17. Subject: Consider accepting Accounts Payable for the period ending June 20, 2022 Recommended Action: Adopt Resolution No. 22-086 accepting Accounts Payable for the period ending June 20, 2022
Council postponed this item to a future meeting.

18. Subject: Consider accepting Accounts Payable for the period ending June 27, 2022 Recommended Action: Adopt Resolution No. 22-087 accepting Accounts Payable for the period ending June 27, 2022
Council postponed this item to a future meeting.

19. Subject: Consider the Monthly Treasurer’s Investment Report for May 2022 80 CC 08-16-2022
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Recommended Action: Review and accept the Monthly Treasurer’s Investment Report for May 2022

20. Subject: Consider the Monthly Treasurer's Report for May 2022 Recommended Action: Review and accept the Monthly Treasurer's Report for May 2022

21. Subject: Consider a Third Amendment to Agreement 149, a Master Agreement between the City of Cupertino and CSG Consultants, Inc. for consultant construction management services for various capital improvement projects.

Recommended Action: Authorize the City Manager to execute the Third Amendment to Agreement 149, a Master Agreement between the City of Cupertino and CSG Consultants, Inc., increasing the appropriation by $200,000, for a total appropriation of $938,045 and extending the Term of the Agreement to end on December 31, 2023.

22. Subject: Consider a Master Agreement between the City of Cupertino and HF&H Consultants, LLC, to provide professional services for assisting with the negotiation of a new landfill agreement for the City's garbage, conducting a cost-based review of Recology's rates, conducting a performance evaluation of Recology, and conducting an audit of compostable materials.

Recommended Action: Authorize the City Manager to approve a Master Agreement between the City of Cupertino and HF&H Consultants, LLC, in an amount not to exceed $350,000, for the term ending May 30, 2025.

23. Subject: Consider adoption of a Resolution accepting the Annual Report on the FEMA Community Rating System's (CRS) Program for Public Information.

Recommended Action: Adopt Resolution No. 22-088 (Attachment A) accepting the Annual Evaluation Report for FY22 (Year 1) of the 2021 Santa Clara County MultiJurisdictional Program for Public Information.

24. Subject: Consider authorizing Change Order No. 1 for the Playground Equipment Replacement Project at Creekside Park Tot Lot.

Recommended Action: 1. Authorize the City Manager to execute an amendment between the City of Cupertino and Miracle Play Systems, Inc., in the amount of $1,405.29; and

2. Approve an amendment to the contract to increase the maximum compensation by $1,405.29 for a total contract amount of $223,601.25.

SECOND READING OF ORDINANCES

25. Subject: Consider conducting the Second Reading of Ordinance No. 22-2241: "An 81 CC 08-16-2022
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Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and

19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission”
Recommended Action: Conduct the Second Reading and enact Ordinance No. 22-2241:
"An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission.”
Presenter: Rachelle Sander, Assistant Director of Parks and Recreation Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2241: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter

2.80 and Sections 19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission.” Moore moved and Wei seconded to:

1. Read Ordinance No. 22-2241 by title only, and that the City Clerk’s reading constitutes the second reading thereof; and

2. Enact Ordinance No. 22-2241.

Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None.

26. Subject: Consideration of second reading for Municipal Code amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee
Recommended Action: 1. Conduct the second reading and enact Ordinance No. 22-2240; “An Ordinance of the City Council of the City of Cupertino Adding Chapter

2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee"

2. Find that the proposed actions are exempt from CEQA
Presenter: Tina Kapoor, Economic Development Manager
Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2240; “An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee" 82 CC 08-16-2022
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Moore moved and Willey seconded to:

1. Read Ordinance No. 22-2240 by title only, and that the City Clerk’s reading constitutes the second reading thereof; and

2. Enact Ordinance No. 22-2240; and

3. Find that the proposed actions are exempt from CEQA.

Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None.

PUBLIC HEARINGS

27. Subject: Hearing to consider approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget modification request Recommended Action: 1. Conduct public hearing to consider objections from any property owners listed on the assessment report;

2. Adopt Resolution No. 22-089 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and

3. Approve Budget Modification 2223-221 increasing appropriation by $1,579 in the City Manager Department’s City Clerk’s Division (100-13-133 480-401) Presenter: Kirsten Squarcia, City Clerk
Written Communications for this item included a staff presentation.

City Clerk Kirsten Squarcia gave a presentation.

Mayor Paul opened the public hearing and, seeing no one, closed the public hearing.

Councilmember asked questions and made comments.

Chao moved and Wei seconded to:

1. Conduct public hearing to consider objections from any property owners listed on the assessment report;

2. Adopt Resolution No. 22-089 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and

3. Approve Budget Modification 2223-221 increasing appropriation by $1,579 in the City Manager Department’s City Clerk’s Division (100-13-133 480-401) The motion carried unanimously.

Council recessed from 7:51 p.m. to 7:56 p.m.

ORDINANCES AND ACTION ITEMS
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As noted under Postponements and Orders of the Day, Council heard Items 29 and 30 before Item

28. 29. Subject: Consider Proposed Second Amendment to Employment Agreement for the City Attorney Increasing annual salary to $280,000 effective July 20, 2022, Consider Proposed Amendments to the Appointed Employees’ Compensation Program and Related Budget Modifications
Recommended Action: 1. Consider adopting Resolution No. 22-092 approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement;

2. Consider adopting Resolution No. 22-093 amending the Appointed Employees’ Compensation Program; and

3. Consider adopting Resolution No. 22-094 to approve budget modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs.

Presenter: Dianne Thompson, Acting City Manager
Mayor Paul provided an oral summary of the recommended action.

Acting City Manager Dianne Thompson reviewed the staff report.

Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

Councilmembers made comments.

Moore moved and Chao seconded to:

1. Consider adopting Resolution No. 22-092 approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement;

2. Consider adopting Resolution No. 22-093 amending the Appointed Employees’ Compensation Program; and

3. Consider adopting Resolution No. 22-094 to approve Budget Modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs.

The motion carried unanimously.

30. Subject: Consider adopting a position on Senate Bill 1338 (Umberg) - The Community Assistance, Recovery, And Empowerment (Care) Court Program Recommended Action: Consider adopting a position on SB 1338 and authorizing the 84 CC 08-16-2022
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Mayor to send letters to the State Legislature regarding the proposed legislation.

Presenter: Astrid Robles, Acting Assistant to the City Manager Written Communications for this item included a staff presentation.

Acting Assistant to the City Manager Astrid Robles gave a presentation.

Mayor Paul opened the public comment period and the following people spoke.

Jennifer Griffin was concerned about funding effectiveness, City and County liability, and supported further research.

Mayor Paul closed the public comment period.

Councilmember asked questions and made comments.

Moore moved and Chao seconded for Council to adopt a watch position on SB 1338, as recommended by the Legislative Review Committee.

Paul made a friendly amendment to authorize the Mayor to send a letter to Santa Clara County Office of Supportive Housing and the County Board of Supervisors to ask for the position of the County on SB 1338. (Moore and Chao accepted the friendly amendment).

Council recessed from 9:13 p.m. to 9:15 p.m.

The amended motion carried unanimously.

28. Subject: Consider the appointment of Pamela Wu as City Manager and approval of an At-Will City Manager Employment Agreement; consider Proposed Amendments to the Appointed Employees’ Compensation Program.

Recommended Action: 1. Consider adopting Resolution No. 22-090 approving the AtWill City Manager Employment Agreement between the City of Cupertino and Pamela Wu, and authorize the Mayor to execute the contract; and

2.Consider adopting Resolution No. 22-091 amending the Appointed Employees’ Compensation Program.

Presenter: Dianne Thompson, Acting City Manager
Mayor Paul provided an oral summary of the recommended action.

Acting City Manager Dianne Thompson reviewed the staff report. 85 CC 08-16-2022
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Mayor Paul opened the public comment period and the following people spoke.

Jennifer Griffin supported the appointment of Pamela Wu as City Manager.

Jean Bedord opposed the process taken in selecting a permanent City Manager and hiring a permanent City Manager instead of an Interim City Manager.

Mayor Paul closed the public comment period.

Pamela Wu was introduced as the applicant for the new permanent City Manager.

Councilmembers made comments.

Chao moved and Wei seconded to:

1. Consider adopting Resolution No. 22-090 approving the At-Will City Manager Employment Agreement between the City of Cupertino and Pamela Wu, and authorize the Mayor to execute the contract; and

2. Consider adopting Resolution No. 22-091 amending the Appointed Employees’ Compensation Program.

The motion carried unanimously.

Council recessed from 9:58 p.m. to 9:54 p.m.

31. Subject: Consider the Fiscal Policy Inventory and Gap Analysis Final Report Recommended Action: Receive the Fiscal Policy Inventory and Gap Analysis Final Report
Presenter: Thomas Leung, Senior Management Analyst
Written Communications for this item included an email to Council.

Jean Bedord supported reevaluating the priorities for the internal auditing to address higher risk categories rather than low risk categories. (Submitted written comments).

Lisa Warren supported the high-risk categories as being attributed a variety of factors.

Moss Adams Consulting Manager Chelsea Ritchie reviewed the project.

Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

Councilmember asked questions and made comments.
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Council received the Fiscal Policy Inventory and Gap Analysis Final Report.

32. Subject: Consider the Capital Program Effectiveness Study Final Report Recommended Action: Receive Capital Program Effectiveness Study Final Report Presenter: Thomas Leung, Senior Management Analyst
Moss Adams Public Sector Consulting Senior Manager Annie Rose Favreau reviewed the project.

Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

Councilmember asked questions and made comments.

Council received the Capital Program Effectiveness Study Final Report.

33. Subject: Consider establishing a Fraud, Waste, and Abuse Program and conducting a first reading of an ordinance amending Municipal Code Section 2.88.100 (Audit Committee - Duties-Powers-Responsibilities)
Recommended Action: Conduct the first reading of Ordinance No. 22-2243: “An ordinance of the City Council of the City of Cupertino Amending Municipal Code Section 2.88.100: Audit Committee - Duties-Powers-Responsibilities.” Presenter: Thomas Leung, Senior Management Analyst
Senior Management Analyst Thomas Leung reviewed the staff report.

Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

Councilmember asked questions and made comments.

City Clerk Kirsten Squarcia read the title of Ordinance No. 22-2243: “An Ordinance of the City Council of the City of Cupertino Amending Municipal Code Section 2.88.100:

Audit Committee - Duties-Powers-Responsibilities”.

Moore moved and Willey seconded to:

1. Establish the fraud waste and abuse program; and

2. Read Ordinance No. 22-2243 by title only, and that the City Clerk’s reading constitutes the first reading thereof.

Ayes: Moore, Wei, Willey, Chao, and Paul. Noes: None. Abstain: None. Absent: None. 87 CC 08-16-2022
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34. Subject: Consider approving the FY 2022-23 Internal Audit Program Recommended Action: Approve the FY 2022-23 Internal Audit Program Presenter: Thomas Leung, Senior Management Analyst
Willey moved and Wei seconded to table this item to a future meeting. The motion carried unanimously.

35. Subject: Consider accepting the Monthly Treasurer's Report Subcommittee's recommendation to include Accounts Payable reports with the monthly Treasurer's Report reviewed by the Audit Committee and accepting staff's recommendation to not include Accounts Receivable reports and checking account statements with the monthly Treasurer's Report
Recommended Action: 1. Accept the Monthly Treasurer's Report Subcommittee's recommendation to include Accounts Payable reports with the monthly Treasurer's Report reviewed by the Audit Committee
2, Accept staff's recommendation to not include Accounts Receivable reports and checking account statements with the monthly Treasurer's Report Presenter: Thomas Leung, Senior Management Analyst
Senior Management Analyst Thomas Leung reviewed the staff report.

Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

Councilmember asked questions and made comments.

Moore moved and Chao seconded to:

1. Accept the Monthly Treasurer's Report Subcommittee's recommendation to include Accounts Payable reports with the monthly Treasurer's Report reviewed by the Audit Committee
2, Accept staff's recommendation to not include Accounts Receivable reports and checking account statements with the monthly Treasurer's Report The motion carried unanimously.

36. Subject: Consider selection of Councilmembers to serve on the City Hall Project Subcommittee
Recommended Action: Appoint two Councilmembers to serve on the City Hall Project Subcommittee
Presenter: Kirsten Squarcia, City Clerk
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City Clerk Kirsten Squarcia reviewed the staff report.

Mayor Paul opened the public comment period and, seeing no one, closed the public comment period.

Councilmembers asked questions and made comments.

Paul moved and Chao seconded to call the question. The motion carried with Wei voting no.

Chao moved and Moore seconded to appoint Councilmembers Moore and Willey to serve on the City Hall Project Subcommittee, and to start meeting right away. The motion carried with Wei voting no.

ORAL COMMUNICATIONS - CONTINUED (As necessary) – None

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.

ADJOURNMENT
At 12:03 a.m. on Wednesday, July 20, 2022, Mayor Paul adjourned the Regular City Council Meeting to the next Regular City Council Meeting on Tuesday, August 16, 2022. _________________________
Kirsten Squarcia City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11284 Agenda Date: 8/16/2022
Agenda #: 8.

Subject: Consider approval of the July 21 City Council minutes Approve the July 21 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Thursday, July 21, 2022

SPECIAL MEETING
At 5:00 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None.

In open session before Council convened in closed session, the Mayor called for any members of the public who were present to provide comment regarding any item on the agenda. No members of the public requested to speak. Mayor Paul then closed the session.

CLOSED SESSION

1. Subject: Public Employee Appointment (Gov. Code § 54957(b)(1)); Title: Acting City Manager
Council conducted Public Employee Appointment (Gov. Code § 54957(b)(1)); Title:

Acting City Manager
In open session, Mayor Paul reported that Council met and made the decision to appoint Dianne Thompson as Acting City Manager between, and inclusive of, the dates July 23, 2022 and August 28, 2022.

OPEN SESSION

REPORT REGARDING CLOSED SESSION
Mayor Paul conducted the open session report regarding closed session.

ADJOURNMENT
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At 5:57 p.m., Mayor Paul adjourned the Special City Council Meeting. _______________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11310 Agenda Date: 8/16/2022
Agenda #: 9.

Subject: Consider approval of the July 28 City Council minutes Approve the July 28 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Thursday, July 28, 2022

SPECIAL MEETING
At 6:00 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei, and Jon Robert Willey. Absent: None.

In open session before Council convened in closed session, the Mayor called for any members of the public who were present to provide comment regarding any item on the agenda. The following members of the public requested to speak.

Lisa Warren supported the Lobbyist Ordinance and transparency.

Written communications for Item 1b included the following emails to Council. - Housing Commissioner Connie Cunningham (representing self) supported the position of the League of Women Voters and narrowing the scope of the current ordinance. - Rhoda Fry opposed the claim by the League of Women Voters and supported a public statement of rebuttal by the City.

Mayor Paul closed the session.

CLOSED SESSION

1. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code § 54956.9
a. People v. Jennifer Chang, Santa Clara County Superior Court Case No. C1899743 b. League of Women Voters of Cupertino-Sunnyvale v. City of Cupertino et. al., N.D.

Cal. Case No. 5:22-cv-04189
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Council conducted the Conference with Legal Counsel - Existing Litigation pursuant to Government Code § 54956.9
a. People v. Jennifer Chang, Santa Clara County Superior Court Case No. C1899743 b. League of Women Voters of Cupertino-Sunnyvale v. City of Cupertino et. al., N.D.

Cal. Case No. 5:22-cv-04189
No reportable action was taken for either item.

OPEN SESSION

REPORT REGARDING CLOSED SESSION
Mayor Paul conducted the open session report regarding closed session.

ADJOURNMENT
At 7:44 p.m., Mayor Paul adjourned the Special City Council Meeting. _______________________________
Kirsten Squarcia, City Clerk
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Agenda Item
22-11354 Agenda Date: 8/16/2022
Agenda #: 10.

Subject: Consider approval of the August 8 City Council minutes Approve the August 8 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Monday, August 8, 2022

SPECIAL MEETING
At 5:30 p.m., Mayor Darcy Paul called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue.

ROLL CALL

Present: Mayor Darcy Paul, Vice Mayor Liang Chao, and Councilmembers Kitty Moore, Hung Wei and Jon Robert Willey. Absent: None.

POSTPONEMENTS AND ORDERS OF THE DAY – None

CONSENT CALENDAR
Willey moved and Moore seconded to approve the items on the Consent Calendar as presented. Ayes: Paul, Chao, Moore, Wei, and Willey. Noes: None. Abstain: None. Absent:

None.

1. Subject: Consider late submittal of five Teen Commission application letters of recommendation
Recommended Action: Waive late submittal of five Teen Commission application letters of recommendation and direct staff to accept the applications

2. Subject: Consider a Resolution approving four appointments in the 2022-2024 term cycle and five appointments in the 2023-2025 term cycle for the Cupertino Teen Commission
Recommended Action: Adopt Resolution No. 22-095 approving four appointments in the 2022-2024 term cycle and five appointments in the 2023-2025 term cycle for the Cupertino Teen Commission
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City Council Minutes August 8, 2022

COMMISSION INTERVIEWS

3. Subject: Teen Commission Interviews
Recommended Action: Conduct Teen Commission interviews and make appointments for four vacancies and at least two alternates
Council conducted interviews.

Council recessed from 6:53 p.m. to 7:04 p.m.

Council continued conducting interviews.

Council recessed from 8:45 p.m. to 9:00 p.m.

Councilmembers asked questions and made comments.

Council voted for their top seven candidates.

Rayna Shah (unanimous)
Saanj Rao (Moore, Willey)
Shivika Biswari (Chao)
Naomi Lyn (Chao)
Joyce Cheung (Paul, Chao, Moore, Willey)
Pranav Gupta (Paul, Moore, Wei, Willey)
Kush Kumar (Wei)
Anushree Misra (Moore, Wei, Willey)
Shaona Das (Wei)
Dana Yang (Paul, Wei)
Sudisha Kumar (Paul, Chao, Moore)
Rohin Garg (Willey)
Clarabelle Wang (Willey)
Peter Chen (Chao)
Alissa Cheong (Moore)
Iniyaa Suresh (Paul)
Namheon Lee (Chao, Wei)
Rahul Sankar (Paul)
Council consented to appoint Rayna Shah, Joyce Cheung and Pranav Gupta as primary members to the Teen Commission for 2022-2024 terms.

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City Council Minutes August 8, 2022
Saanj Rao (Moore)
Anushree Misra (Wei, Willey)
Sudisha Kumar (Paul, Chao)
There was no majority consensus and Council did not select an appointment.

Council conducted another vote for their top candidate to appoint the fourth primary member.

Anushree Misra (Moore, Wei)
Sudisha Kumar (Paul, Chao, Willey)
Council consented to appoint Sudisha Kumar as primary member to the Teen Commission for the 2022-2024 term.

Final motion:

Moore moved and Chao seconded to appoint Rayna Shah, Joyce Cheung, Pranav Gupta and Sudisha Kumar as primary members to two-year terms ending August 31, 2024, and Anushree Misra as 1st Alternate and Saanj Rao as 2nd Alternate. The motion carried unanimously.

ADJOURNMENT
At 9:57 p.m., Mayor Paul adjourned the Special City Council Meeting. _______________________________
Lauren Sapudar, Deputy City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11290 Agenda Date: 8/16/2022
Agenda #: 11.

Subject: Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period August 16, 2022 through September 15, 2022 pursuant to the Brown Act, as amended by AB 361
Consider Resolution No. 22-096 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period August 16, 2022 through September 15, 2022 pursuant to the Brown Act, as amended by AB 361
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1 CITY COUNCIL STAFF REPORT
Meeting: August 16, 2022
Subject
Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period August 16, 2022 through September 15, 2022 pursuant to the Brown Act, as amended by AB 361 Recommended Action
Consider adopting a resolution authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period August 16, 2022 through September 15, 2022 pursuant to the Brown Act, as amended by AB 361 Background
On March 2, 2020, Governor Newsom declared a state of emergency due to the public health threat posed by COVID-19. On March 4, 2020, Governor Newsom issued Executive Order No-29-20, which suspended certain elements of the Brown Act and specifically allowed legislative bodies to hold meetings entirely electronically with no physical meeting. In accordance with the Executive Order, the City held its first teleconference meeting on March 24, 2020, to help stop the spread of COVID-19. On June 11, 2021, Governor Newsom issued Executive Order No-08-21, which stated that the provisions in Executive Order No-29-20, suspending certain elements of the Brown Act, would continue to apply through September 30, 2021.

On September 15, 2021, Governor Newsom signed AB 361 into law, which allows state and local agencies to continue using teleconferencing during certain state-declared emergencies under modified Brown Act requirements. AB 361 became effective immediately after signing due to its emergency clause and is set to sunset on January 1, 2024. Under AB 361, teleconference meetings may be held during a state of emergency if (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) a legislative body determines by a majority vote that meeting in person would present imminent risks to the health or safety of attendees. (Gov. Code, § 54953(e)(1).)
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2 To continue teleconference meetings beyond a 30-day period, AB 361 requires the Council to make a determination that either (i) "[t]he state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) “State or local officials continue to impose or recommend measures to promote social distancing.” (Gov. Code, § 54953(e)(3)(B).) That determination must be reviewed each 30 days thereafter to continue teleconference meetings. (Ibid.)
Discussion
AB 361 allows the City Council and other City legislative bodies to continue meeting exclusively via teleconference so long as a state emergency declaration remains in place and the statute’s conditions for permitting remote meetings are met. To continue meeting remotely, the City Council must find that state or local officials have imposed or recommend measures to support social distancing, or that the state of emergency continues to directly impact the ability of the members to meet safely in person.

On July 19, 2022, Council adopted Resolution No. 22-083 affirming findings related to AB 361 and authorizing the City Manager and legislative bodies of the City of Cupertino to meet exclusively by teleconference in accordance with Government Code section 54953(e)(3) and other applicable provisions of the Brown Act through August 18, 2022 (Attachment B). Council may make either or both of the permitted findings to extend the time to allow teleconference meetings to continue. The Santa Clara County Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws (Attachment C). It is therefore recommended that Council adopt the Draft Resolution authorizing continued teleconference meetings for the City of Cupertino’s legislative bodies in order to protect the health and safety of all attendees and participants, particularly those who are unvaccinated (Attachment A).

Sustainability Impact
Conducting meetings remotely has reduced paper consumption by providing electronic access to meeting materials instead of printed materials.

Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

A – Draft Resolution
B – Adopted Resolution No. 22-083
C – Health Officer Recommendation Regarding Public Governmental Meetings 102
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RESOLUTION NO. 22-___

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD AUGUST 16, 2022 THROUGH SEPTEMBER 15, 2022 PURSUANT TO BROWN ACT

PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public access and participation in meetings of the City Council, commissions, and committees; and
WHEREAS, all meetings of the City of Cupertino’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Government Code sections 54950–54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by teleconference is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to authorize meetings exclusively by teleconference, a legislative body must determine that state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 5, 2021, November 2, 2021, November 30, 2021, December 21, 2021, January 18, 2022, February 15, 2022, March 15, 2022, April 5, 2022, May 3, 2022, May 19, 2022, June 7, 2022, July 7, 2022, and July 19, 2022 the Cupertino City Council made the findings required under Government Code section 54953(e) and resolved that the legislative bodies of the City of Cupertino shall conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government 103
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Resolution No. 22-___

Code section 54953(e), and that such legislative bodies should comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and
WHEREAS, Government Code section 54593(e)(3) provides that to continue to holding meetings of legislative bodies exclusively by teleconference, the legislative body must reconsider the circumstances of the state of emergency every 30 days, and find that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency that now exists, specifically defined in the County of Santa Clara proclamation of a local emergency beginning February 3, 2020, the City of Cupertino proclamation of a local emergency on March 11, 2020, the Governor of the State of California proclamation of a state of emergency beginning on March 4, 2020, and the national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the COVID-19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer's Recommendation Regarding Continued Remote Public Meetings of Governmental Entities dated September 21, 2021 and the California Department of Industrial Relations Revised Emergency Temporary Standards, effective May 6, 2022, continue to require or recommend social distancing in the workplace in certain circumstances; and WHEREAS, the Health Officer's Recommendations, the Revised Emergency Temporary Standards, and evidence documenting the transmission of COVID-19 in indoor spaces establishes that the state of emergency continues to directly impact the ability of the members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby determines that the legislative bodies of the City of Cupertino shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in section 54953(e)(2); and
WHEREAS, the City has and will continue to provide access for the public to legislative meetings and procedures through video teleconference technologies. 104
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Resolution No. 22-___

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, as follows:

1. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Cupertino are hereby authorized and directed to meet exclusively by teleconference and to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

2. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective through September 15, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Cupertino may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2022, by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
_______________ ________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
____________________ ___________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. 22-083

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD JULY 19, 2022 THROUGH AUGUST 18, 2022 PURSUANT TO BROWN ACT PROVISIONS WHEREAS, the City of Cupertino is committed to preserving and nurturing public access and participation in meetings of the City Council, commissions, and committees; and
WHEREAS, all meetings of the City of Cupertino' s legislative bodies are open and public, as required by the Ralph M. Brown Act (Government Code sections 54950- 54963), so that any member of the public may attend, participate, and watch the City' s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953( e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953( b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exclusively by teleconference is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, Government Code section 54953( e) further requires that in order to authorize meetings exclusively by teleconference, a legislative body must determine that state or local officials have imposed or recommended measures to promote social distancing, or that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 5, 2021, November 2, 2021, November 30, 2021, December 21, 2021, January 18, 2022, February 15, 2022, March 15, 2022, April 5, 2022, May 3, 2022, May 19, 2022, June 7, 2022, and July 7, 2022, the Cupertino City Council made the findings required under Government Code section 54953( e) and resolved that the legislative bodies of the City of Cupertino shall conduct their meetings without compliance with Government Code section 54953( b)(3), as authorized by Government Code section 106
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Resolution No. 22- 083

54953( e), and that such legislative bodies should comply with the requirements to provide the public with access to the meetings as prescribed in section 54953( e)( 2); and WHEREAS, Government Code section 54593( e)( 3) provides that to continue to holding meetings of legislative bodies exclusively by teleconference, the legislative body must reconsider the circumstances of the state of emergency every 30 days, and find that either ( i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of emergency that now exists, specifically defined in the County of Santa Clara proclamation of a local emergency beginning February 3, 2020, the City of Cupertino proclamation of a local emergency on March 11, 2020, the Governor of the State of California proclamation of a state of emergency beginning on March 4, 2020, and the national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March 1, 2020, concerning the COVID- 19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer' s Recommendation Regarding Continued Remote Public Meetings of Governmental Entities dated September 21, 2021 and the California Department of Industrial Relations Revised Emergency Temporary Standards, effective May 6, 2022, continue to require or recommend social distancing in the workplace in certain circumstances; and WHEREAS, the Health Officer' s Recommendations, the Revised Emergency Temporary Standards, and evidence documenting the transmission of COVID- 19 in indoor spaces establishes that the state of emergency continues to directly impact the ability of the members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby determines that the legislative bodies of the City of Cupertino shall continue to conduct their meetings without compliance with Government Code section 54953( b )(3), as authorized by Government Code section 54953( e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in section 54953( e)( 2); and
WHEREAS, the City has and will continue to provide access for the public to legislative meetings and procedures through video teleconference technologies. 107
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Resolution No. 22-083

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, as follows:

1. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Cupertino are hereby authorized and directed to meet exclusively by teleconference and to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953( e) and other applicable provisions of the Brown Act.

2. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective through August 18, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953( e)( 3) to extend the time during which the City Council of the City of Cupertino may continue to teleconference without compliance with Government Code section 54953( b)(3).

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of July 2022, by the following vote:

Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:

L2_-~-- L/
n'arcy Paul, Fa;:

City of Cupertino
ATTEST:

Kirsten Squarcia, City Clerk
Y/y/Zi> z._ <.___
Date
Date
8/8/22
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County of Santa Clara
Public Health Department
Health Officer
976 Lenzen Avenue, 2nd Floor
San José, CA 95126
408.792.3798
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
Recommendation Regarding Continued Remote Public Meetings of Governmental Entities Issued: September 21, 2021
In light of the continued state of emergency related to COVID-19, the County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws.

Among other reasons, this recommendation is made due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings), and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. This recommendation does not apply to those meetings of a quasi-judicial nature that have been already meeting in person prior to September 21, 2021, for example to allow for credibility determinations of witnesses.

The Health Officer will continue to evaluate this recommendation on an ongoing basis and will communicate when there is no longer such a recommendation with respect to meetings for public bodies.
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CITY OF CUPERTINO
Agenda Item
22-10838 Agenda Date: 8/16/2022
Agenda #: 12.

Subject: Consider adopting the Climate Action Plan 2.0 (CAP 2.0) and GHG Emissions Thresholds

1. Adopt Resolution No. 22-097 adopting the Climate Action Plan 2.0 and GHG Emissions Thresholds Initial Study/Negative Declaration

2. Adopt Resolution No. 22-098 adopting the Climate Action Plan 2.0 and GHG Emissions Thresholds CITY OF CUPERTINO Page 1 of 1 Printed on 8/11/2022
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CITY COUNCIL STAFF REPORT
Meeting: August 16, 2022
Subject
Consider adopting the Climate Action Plan 2.0 (CAP 2.0) and GHG Emissions Thresholds
Recommended Action

1. Adopt Resolution No. 22-XXX adopting the Climate Action Plan 2.0 Initial Study/Negative Declaration

2. Adopt Resolution No. 22-XXX adopting the Climate Action Plan 2.0 and GHG Emissions Thresholds
Discussion
The CAP 2.0 document is the result of feedback from the public, stakeholders, community leaders, and expert consultants, with critical guidance from the Sustainability Commission and from the City Council. When the project kicked off in December 2020, the City Council set an intention to create a plan that is more ambitious than the State SB 32 guidelines. The plan presented today achieves that ambition and sets a path to reduce the community’s per capita greenhouse gas (GHG) emissions to

3.39 metric tons of carbon dioxide equivalent (MT CO₂e) per person – equivalent to 50% below 2010 levels by 2030. The chart below summarizes the roadmap and greenhouse gas reductions proposed from each of the chapters in the plan. 111
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Since the CAP 2.0 process was launched in December of 2020, the City has conducted 26 public engagement events, directly engaged with more than 830 individuals in person, received thousands of views on the project website, and received 327 survey responses.

The project documents have been downloaded 379 times. Most survey respondents (82%) responded positively to the measures, actions, and targets in the CAP 2.0.

Environmental Review Committee Input
The City project team created a draft Initial Study and Negative Declaration (IS/ND) as the proposed method to complete the required California Environmental Quality Act (CEQA) environmental review. This approach was proposed to the Environmental Review Committee on May 19, 2022. After a discussion, the Environmental Review Committee recommended that the City proceed with preparing a Negative Declaration for the CAP 2.0.

The IS/ND was prepared and determined that the CAP 2.0 would not result in a significant effect on the environment because the CAP 2.0 is a long-range planning, policy-level document intended to establish consistency with adopted statewide policies and does not include any specific development proposals, nor does the project grant any entitlements for development.

The draft IS/ND was published to the website on June 8. No public comments were received regarding the environmental documents during the 30-day public comment period.

Sustainability Commission Input
At a May 26 special meeting, the Commission discussed the draft CAP 2.0 and received a presentation on the public engagement results. After a discussion, the Commission voted to recommend the CAP 2.0 be moved forward to the City Council for adoption 112
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with suggestions to add language to the content to encourage K-12 student common transportation and promote vegan and vegetarian menu options in local businesses.

City Council Study Session
On June 21, the Council conducted a third study session on this subject.

Councilmembers asked clarifying questions and provided feedback on the draft plan.

The project team has compiled detailed responses from the June 21 study session in Attachment G. A complete set of questions and answers, covering the entire CAP 2.0 development process, is available at the project website.1 During the study session, two Council members requested further analysis of Measure TR-2, looking at the feasibility of increasing transit mode share in Cupertino. Below is a brief analysis of the recommendation and two alternatives for Council’s consideration.

The complete analysis of transit scenarios are detailed in Appendix E, and summarized in Appendix E, Table 12.

The following options regarding Measure TR-2 are outlined for Council consideration.

Option 1: Maintain the plan as described.

The Project Team and the Sustainability Commission have recommended the set of goals, measures and actions as described in the Public Review Draft CAP 2.0. Becoming a carbon neutral city means reducing the number of miles driven by fossil fuel-powered vehicles, particularly passenger vehicles, which account for 43% of greenhouse gas (GHG) emissions in the City. Approximately 2% of trips are conducted by public transit today. The reality is that increasing public transit mode share on this order of magnitude in California has only been accomplished in a handful of large, dense cities. Given this, the City recognizes that Measure TR-2 presents a stretch goal. The project team believes that setting this stretch goal for transit and active mode share is an important feature of the CAP 2.0 for the following reasons:
 Cities with bold targets supported by actionable plans and measures are better positioned for future funding and to take advantage of regional partnership opportunities as they arise. For example, Cupertino was just awarded $8.5 million from the State to expand upon the Via Shuttle program2, with the express purpose of improved connections to regional rail and increasing services for disadvantaged communities and seniors.
 Even if the City does not meet the targets in Measure TR-2, the City will still be on track to meet its state targets. At a bare minimum (lower bound public transit scenario), the City expects to be able to achieve a 5% public transit mode share by 2030. Under this lower bound scenario, Cupertino would not meet its aggressive local GHG target (a 50% reduction in per capita GHGs between 2010 and 2030).

However, the City would still meet the Statewide-minimum target (SB 32).

1 https://engagecupertino.org/climate-action?tool=qanda#tool_tab 2 https://www.cupertino.org/Home/Components/News/News/5664/26?backlist=%2f 113
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Therefore, Cupertino expects to meet the State GHG target regardless of the performance of Measure TR-2. This creates a favorable environment for the City to set a stretch goal for transit.
 Plans are expected to change and adapt as local challenges are encountered during implementation of the plan. CAP 2.0 has embedded “check points” during implementation to assess progress on the measures and make mid-point course corrections as needed.

Option 2: Reduce the transit mode share goal from 29% to a less aggressive 15% by 2030.

Pair this change with an increased goal for electric vehicles.

Option 2 could maintain the preferred local target for a 50% reduction in citywide GHGs between 2010 and 2030. This option entails prioritizing electric vehicle infrastructure over pursuing more transit options for Cupertino. This option would increase the target number of electric vehicle charging stations that Cupertino would pursue.

Option 3: Change TR-2 from 29% transit mode share to a less aggressive target of 15% by 2030, leave other measures “as-is,” and reduce the overall GHG ambitions of the CAP

2.0. Option 3 would modify the overall GHG reduction targets set by the City Council during the CAP 2.0 kickoff in December of 2020. The decrease in transit mode share ambition would change the per capita emissions reduction in the City overall from 50% (the local City Council goal) to 48% by 2030. This is still a laudable target, and this option is compliant with the California State SB 32 targets. However, the reduced savings target may slow progress towards some of Cupertino’s commitments under the Cities Race to Zero3, and the Global Covenant of Mayors for Climate and Energy.

Next Steps
After adoption of the CAP 2.0 and associated CEQA GHG emissions thresholds, the project team will proceed to create streamlining tools and checklists that can be used by future projects to align greenhouse gas analysis with the City’s plan. These tools will provide clarity in how to meet the greenhouse gas targets for future projects and give the City the ability to easily compare development proposals with the greenhouse gas reduction plan.

Sustainability Impact
The update to the City’s Climate Action Plan outlines goals, measures and actions that will guide the City’s approach to greenhouse gas reduction and climate adaptation activities and represents the City's position on State SB 32, the California Global Warming Solutions Act of 2016. Preparation of an Initial Study, Negative Declaration, and associated CEQA streamlining tools will further incorporate the principles of

3 https://www.c40.org/what-we-do/building-a-movement/cities-race-to-zero/ 114
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sustainability into Cupertino’s planning, infrastructure, and development process as required by the Cupertino General Plan Policy ES-1.1
Fiscal Impact
Adopting the Climate Action Plan 2.0 will not by itself have any fiscal impact. Each of the actions proposed in the draft CAP 2.0 will be moved forward with a detailed study, public engagement process, and budget requests as needed. These actions will be implemented over time within the existing work planning and budget process and considered alongside all other City priorities. Each of the actions listed in the CAP 2.0 contains a budgetary range of cost values and general steps for implementation. _____________________________________
Prepared by: Andre Duurvoort, Sustainability Division Manager Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

A – Resolution Adopting the CAP 2.0 and GHG Emissions Thresholds IS/ND B – Resolution Adopting the CAP 2.0 and GHG Emissions Thresholds C – Climate Action Plan 2.0
D – CAP 2.0 Combined Appendices
E – GHG Emissions Thresholds
F – Initial Study/Negative Declaration
G – Responses to June 16 Study Session
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

ADOPTING AN INITIAL STUDY/NEGATIVE

DECLARATION FOR THE CLIMATE
ACTION PLAN 2.0 AND CEQA GHG

EMISSIONS THRESHOLDS
WHEREAS, the Environmental Resources and Sustainability Element of the City of Cupertino’s General Plan Strategy ES-1.1.1 directs the City to “[a]dopt, implement, and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements”; and WHEREAS, the Strategy also specifies that “this qualified greenhouse gas emissions reduction plan, by BAAQMD’s definition, will allow for future project CEQA streamlining”; and
WHEREAS, in 2006, the State of California adopted the Global Warming Act of 2006 (Assembly Bill 32), which created a statewide greenhouse gas emissions requirement and goal to reduce emissions to 1990 levels by 2020; and in 2016, California Senate Bill 32 established a new greenhouse gas reduction target of 40 percent below 1990 levels by 2030; and
WHEREAS, in January 2014, the Cupertino City Council adopted a Climate Action Plan which put Cupertino on a path to reduce greenhouse gas emissions in response to climate change; and
WHEREAS, in September 2018, the Governor of the State of California issued Executive Order B-55-18, establishing a statewide goal to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter; and
WHEREAS, in December 2020, the City Council was informed that the 2015 Climate Action Plan greenhouse gas targets had been achieved, and City Council directed staff to prepare an update to the greenhouse gas reduction plan, to be known as the Climate Action Plan 2.0 (CAP 2.0); and
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Resolution No. __________________

WHEREAS, the City organized a series of noticed workshops and public engagement events to obtain direction with respect to the community’s goals regarding the design of emissions reductions strategies within the City; and WHEREAS, the CAP 2.0 includes a greenhouse gas emission inventory and forecast, analysis and quantification of greenhouse gas reduction measures and targets, and the CAP 2.0 also set forth a general process for implementation, monitoring and reporting of progress, and meaningful community engagement; and
WHEREAS, the CAP 2.0 meets the criteria of Section 15183.5 of the State CEQA Guidelines and therefore is a California Environmental Quality Act Qualified Climate Action Plan; and
WHEREAS, the City prepared an Initial Study/Negative Declaration (IS/ND), to evaluate the potential environmental impacts of the CAP 2.0 and CEQA GHG Emissions Thresholds in conformance with Section 15063 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”); and WHEREAS, on May 19, 2022 the Cupertino Environmental Review Committee has reviewed the draft IS/ND, and recommended that the City proceed with preparation of a final IS/ND; and
WHEREAS, on June 3, 2022, a Notice of Intent to adopt an IS/ND for the Cupertino CAP update and CEQA GHG Emissions Thresholds was sent to the State Clearinghouse, Santa Clara County Clerk, and other interested agencies and parties; and
WHEREAS, the draft IS/ND was circulated for a 30-day review period, with the public review period commencing on June 3, 2022 and ending on July 5, 2022; and
WHEREAS, on August 16, 2022, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary, before adopting the IS/ND; and
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Resolution No. __________________

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby

1. Based on the above facts, the City Council makes the following findings:

A. The City of Cupertino exercised overall control and direction over the CEQA review for the CAP 2.0, including preparation of the IS/ND, and independently reviewed the IS/ND; and
B. The City Council has considered the IS/ND, together with all evidence properly received during the public review period. The City Council finds on the basis of the whole record before it, that there is no substantial evidence that the CAP 2.0 will have a significant effect on the environment, and the IS/ND reflects the City Council’s independent judgement and analysis; and
C. The CAP 2.0 satisfies the criteria in subdivision (b) of Section 15183.5 of the State CEQA Guidelines and therefore is a California Environmental Quality Act Qualified Climate Action Plan; and
D. The adoption of this CAP 2.0 is in the best interests of the public’s convenience and general welfare.

2. The City Council hereby adopts the Initial Study/Negative Declaration for the Climate Action Plan 2.0 and CEQA GHG Emissions Thresholds.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ____day of _________, ____, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
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Resolution No. __________________

ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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RESOLUTION NO. ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

A RESOLUTION OF THE COUNCIL OF THE

CITY OF CUPERTINO ADOPTING THE
CLIMATE ACTION PLAN 2.0 AND CEQA

GHG EMISSIONS THRESHOLDS
WHEREAS, the Environmental Resources and Sustainability Element of the City of Cupertino’s General Plan Strategy ES-1.1.1 directs the City to “[a]dopt, implement, and maintain a Climate Action Plan to attain greenhouse gas emission targets consistent with state law and regional requirements”; and, WHEREAS, in 2006, the State of California adopted the Global Warming Act of 2006 (Assembly Bill 32), which created a statewide greenhouse gas emissions requirement and goal to reduce emissions to 1990 levels by 2020; and in 2016, California Senate Bill 32 established a new greenhouse gas reduction target of 40 percent below 1990 levels by 2030; and,
WHEREAS, in January 2014, the Cupertino City Council adopted a Climate Action Plan which put Cupertino on a path to reduce greenhouse gas emissions in response to climate change; and,
WHEREAS, in September 2018, the Governor of the State of California issued Executive Order B-55-18, establishing a statewide goal to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter; and,
WHEREAS, on September 18, 2018, the Cupertino City Council adopted a climate emergency declaration, calling for a mobilization effort to end citywide greenhouse gas emissions as quickly as possible, and recognizes the need for an organized and equitable transition away from fossil fuels used in buildings and transportation; and,
WHEREAS, as part of the Fiscal Year 2020-2021 City Work Program, City Council directed staff to prepare an update to the greenhouse gas reduction plan, to be known as the Climate Action Plan 2.0 (CAP 2.0); and, 120
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Resolution No. __________________

WHEREAS, on November 19, 2020, the Sustainability Commission recommended the City Council direct staff to update the Climate Action Plan with the following goals and vision statement:

1. Achieve community-wide carbon neutrality no later than the year 2040

2. Achieve negative net carbon emissions after the year 2045

3. Achieve carbon neutrality in city-owned facilities and operations no later than the year 2030

4. Establish a mid-term 2030 carbon emissions target of 50% below a 2010 baseline

5. Establish a Zero Waste Community target date of 2035

6. Adopt the following vision to guide the update process:
a. Equity: Activate and celebrate the multiracial character of Cupertino. Take every effort to include traditionally underrepresented voices and those who might be displaced by climate hazards in the planning and selection of strategies, as well as business, faith groups, neighborhoods, and schools. Create a plan that reflects the diversity of the city and sets us on a path towards a more welcoming and inclusive City.
b. Innovation: Develop measures in short-term and long-term action plans that position Cupertino as a leader in climate innovation and technological development, new ways of
working and studying, and commit to educating the community on innovative strategies at least once a year.
c. Urgency and Flexibility: Establish a frequent cadence of updates to the near-term action plans, with the aim to both focus community resources and stay flexible in a fast-moving world.

Work with haste commensurate with the Climate Emergency Declaration that Council adopted in 2018 and the unprecedented opportunity that climate and waste plans present to our community by taking bold steps in the early planning horizon. d. Resilience and Adaptation: Establish climate adaptation measures such as green infrastructure and protecting
biodiversity that keeps Cupertino residents and businesses safe, productive, and happy while climate risks accelerate. And, WHEREAS, the Sustainability Commission established a public outreach subcommittee to organize and review public engagement in the preparation of the CAP 2.0; and
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Resolution No. __________________

WHEREAS, the City organized a series of noticed workshops and public engagement events to obtain direction with respect to the community’s goals regarding the design of emissions reductions strategies within the City; and, WHEREAS, the CAP 2.0 includes a greenhouse gas emission inventory and forecast, analysis and quantification of greenhouse gas reduction measures and targets, and the CAP 2.0 also set forth a general process for implementation, monitoring and reporting of progress, and meaningful community engagement; and,
WHEREAS, the CAP 2.0 includes a set of strategies, goals, emission reduction targets, City actions, supporting measures, and adaptation strategies based on regional and local climate planning expertise, the knowledge and experience of City staff and consultants, and the input of the Sustainability Commission, City Council and the public; and,
WHEREAS, the GHG Emissions Thresholds and Guidance Report quantifies greenhouse gas emissions thresholds of significance which were created on the basis of the best available science and factual evidence, and provides guidance for future projects to reduce GHG emissions to less-than-significant levels; and,
WHEREAS, the CAP 2.0 meets the criteria of Section 15183.5 of the State CEQA Guidelines and therefore is a California Environmental Quality Act Qualified Climate Action Plan; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby

1. Based on the above facts, the City Council makes the following findings:

A. The adoption of this CAP 2.0 and GHG Emissions Thresholds is consistent with the Cupertino General Plan, and is in the best interests of the public’s convenience and general welfare; and B. The CAP 2.0 and GHG Emissions Thresholds are consistent with the goals and vision statement recommended by the Sustainability Commission in November 2020; and
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Resolution No. __________________

C. The following GHG emissions thresholds are applicable to new developments until the year 2030 or when new GHG emissions thresholds are adopted by the City, were developed on the basis of scientific and factual data, reduce future project GHG impacts to a less-than-significant level, are supported by substantial evidence, were developed through a public review process, and are hereby adopted by resolution:
i. GHG Efficiency Threshold of 0.97 MT of CO2e per
resident for residential new development; and
ii. GHG Efficiency Threshold of 2.16 MT of CO2e per
employee for non-residential new development; and
iii. GHG Efficiency Threshold of 1.82 MT of CO2e per
service person for mixed-use new development

2. The City Council hereby ADOPTS the Cupertino CAP 2.0 and CEQA GHG Emissions Thresholds
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this ____day of _________, ____, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
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Resolution No. __________________

________
Kirsten Squarcia, City Clerk
________________________
Date
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City of Cupertino
Climate Action Plan 2.0
August 16, 2022
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Cupertino Climate Action Plan 2.0
Prepared By
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
and
Rincon Consultants, Inc.
449 15th Street, Suite 303
Oakland, CA 94612
August 16, 2022
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Climate Action Plan 2.0 i
Table of Contents
1 Vision and Purpose ...................................................................................................................... 12

1.1 Cupertino CAP 2.0 Vision Statement ............................................................................... 12

1.2 Cupertino Declaration of Climate Emergency ................................................................. 15 2 Scientific Context and Impacts .................................................................................................... 16

2.1 Climate Change Science ................................................................................................... 16

2.2 Climate Change Impacts in Cupertino.............................................................................. 20 3 Climate Action History ................................................................................................................. 27

3.1 Progress to Date............................................................................................................... 27 4 Current and Projected GHG Emissions........................................................................................ 30

4.1 Cupertino GHG Emissions Inventory................................................................................ 30

4.2 Cupertino GHG Emissions Forecasts................................................................................ 33 5 Fair Share of GHG Emissions Reductions..................................................................................... 38

5.1 International Context....................................................................................................... 38

5.2 State Context and Timeline/Emissions Targets ............................................................... 39

5.3 Cupertino Context and Timeline/Emissions Targets........................................................ 40 6 Community Voices....................................................................................................................... 44

6.1 One Climate ..................................................................................................................... 44

6.2 Engagement Events & Feedback Summary ..................................................................... 48 7 A Different Kind of Plan ............................................................................................................... 50

7.1 Regional Climate Efforts, Solutions, and Partnerships .................................................... 50

7.2 Ambitious Timeline .......................................................................................................... 51

7.3 Reduction Strategy Framework ....................................................................................... 51

7.4 Key Pillars of Climate Action ............................................................................................ 53

7.5 Co-Benefits of GHG Reduction Measures........................................................................ 54 8 Cleaning the Air (Renewable Energy and Electrification)............................................................ 56

8.1 Context............................................................................................................................. 56

8.2 Measures and Actions Detail ........................................................................................... 57 9 Connecting Communities (Transportation, Land Use) ................................................................ 74

9.1 Context............................................................................................................................. 74

9.2 Measures and Actions Detail ........................................................................................... 75 10 Getting to Zero Waste ................................................................................................................. 94

10.1 Context............................................................................................................................. 94

10.2 Measures and Actions Detail ........................................................................................... 96 11 Working with Nature ................................................................................................................. 107

11.1 Context........................................................................................................................... 107

11.2 Measures and Actions Detail ......................................................................................... 109 12 Adaptation and Resilience ......................................................................................................... 119

12.1 Context........................................................................................................................... 119

12.2 Adaptation Measures and Actions................................................................................. 123 127
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ii
13 Implementation ......................................................................................................................... 129

13.1 Monitoring, Tracking, and Reporting............................................................................. 129

13.2 Funding .......................................................................................................................... 130

13.3 Looking Forward ............................................................................................................ 130 14 Conclusion.................................................................................................................................. 131 15 Acknowledgements ................................................................................................................... 132 Tables
Table ES-1 Targets Versus Greenhouse Gas Reductions............................................... 7 Table ES-2 CAP 2.0 GHG Emissions Reduction Measures Overview ........................... 10 Table 1 CEQA Guidelines Section 15183.5(b) Criteria Addressed in CAP Update .................. 14 Table 2 Cupertino 2018 GHG Emissions Inventory Summary ................................................ 32 Table 3 BAU Emissions Forecast (MT CO2e) ........................................................................... 34 Table 4 Adjusted Forecast (MT CO2e) ..................................................................................... 35 Table 5 Mass-based GHG Reduction Target Pathway (MT CO2e) ........................................... 41 Table 6 Per Capita GHG Reduction Target Pathway (MT CO2e/person)................................. 42 Table 7 Targets Versus GHG Reductions ................................................................................ 43 Table 8 CAP Update Engagement Summary........................................................................... 48 Table 9 Measure BE-1 Actions................................................................................................ 58 Table 10 Measure BE-2 Actions................................................................................................ 61 Table 11 Measure BE-3 Actions................................................................................................ 67 Table 12 Measure BE-4 Actions................................................................................................ 70 Table 13 Measure BE-5 Actions................................................................................................ 72 Table 14 Measure TR-1 Actions................................................................................................ 76 Table 15 Measure TR-2 Actions................................................................................................ 81 Table 16 Measure TR-3 Actions................................................................................................ 84 Table 17 Measure TR-4 Actions................................................................................................ 89 Table 18 Measure TR-5 Actions................................................................................................ 93 Table 19 Measure W-1 Actions................................................................................................. 97 Table 20 Measure W-2 Actions............................................................................................... 102 Table 21 Measure W-3 Actions............................................................................................... 106 Table 22 Measure CS-1 Actions.............................................................................................. 110 Table 23 Measure CS-2 Actions.............................................................................................. 113 Table 24 Measure WW-1 Actions........................................................................................... 115 Table 25 Measure WW-2 Actions........................................................................................... 118 Table 26 Measure AR-1 Actions.............................................................................................. 123 Table 27 Measure AR-2 Actions.............................................................................................. 125 Table 28 Measure AR-3 Actions.............................................................................................. 127 128
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Climate Action Plan 2.0 iii
Table 29 Measure AR-4 Actions.............................................................................................. 128 Figures
Figure ES 1. Cupertino Greenhouse Gas Emissions by Sector, 2018 ............................................... 4 Figure ES 2. Forecasted Emissions per Capita by Sector for the Baseline Year 2018, and Projected for 2030 and 2040 .................................................................................................... 6 Figure ES 3. Per Capita Baseline Emissions Compared to Forecast Scenario and Target Pathway to Carbon Neutrality .................................................................................................. 7 Figure ES 4 Expected 2040 Impact by Sector From CAP 2.0 Measures....................... 9 Figure 1. Community Concerns about Climate Hazards................................................................ 26 Figure 2. Selected Milestones in Cupertino’s Climate Action History ........................................... 27 Figure 3. Cupertino Greenhouse Gas Emissions by Sector, 2018.................................................. 31 Figure 4. Baseline Emissions Compared to Forecast Scenarios..................................................... 36 Figure 5. Emissions Reduction Gap Between Forecasted Emissions and State Targets................ 40 Figure 6. Baseline Emissions per Capita Compared to Forecast Scenarios and Target Pathway to Carbon Neutrality ............................................................................................................... 43 Figure 7. Zero Waste Management Heirarchy .............................................................................. 95 Figure 8. Global Surface Temperature Change Relative to 1850-1900 in Five Different Emissions Scenarios .............................................................................................................. 120 Figure 9. Climate Hazards Vulnerability Assessment ................................................................. 121 Appendices
A Climate Regulatory Context
B GHG Inventory and Forecasts Methodology
C Public Engagement Results
D GHG Measures Emissions Reductions Evidence
E Existing Programs and Accomplishments
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4 Executive Summary
Cupertino is leading an effort to take meaningful action to reduce greenhouse gas (GHG) emissions and mitigate climate change impacts. The goal is to improve the wellbeing of the community by preparation of this communitywide Climate Action Plan (CAP) 2.0. The following is a high-level summary of GHG emissions levels, projected emissions levels, established emissions targets, and GHG reduction and climate adaptation measures for Cupertino to achieve the targets.

Cupertino Current GHG Emissions Inventory
The 2018 Community Greenhouse Gas (GHG) Emissions Inventory for Cupertino indicates that total emissions were 346,998 metric tons of carbon dioxide equivalents (MT CO2e), which translates into approximately 5.48 MT CO2e per person. Figure ES-1 below shows the share of total emissions for each sector of the community.

Figure ES 1. Cupertino Greenhouse Gas Emissions by Sector, 2018 On-road
transportation,
60%
Building energy
natural gas, 25%
Wastewater, 6%
Solid waste, 4%
Off-road vehicles
and equipment, 4%
Building energy
electricity, 1%
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Climate Action Plan 2.0 5
Cupertino Projected GHG Emissions Forecasts
Future Cupertino GHG emissions levels are projected based on current emissions, job growth, and estimated population growth trends. Established State regulations that will take effect during the period will reduce the expected emissions and are incorporated into the projections. Cupertino’s future emissions are projected to be 5.04 MT CO2e/person in 2030 and 4.74 MT CO2e/person in 2040. The total forecasted emissions per community sector are shown for each target year in Figure ES-2 below.

Cupertino GHG Emissions Targets
The Cupertino CAP 2.0 has targeted communitywide carbon neutrality by 2040 in line with the emergency climate declaration made by the City Council in 2018 and in support of state and international climate goals. In order to achieve this, the following targets have been set for Cupertino’s future emissions: 3.39 MT CO2e per person by 2030 and 0.00 MT CO2e per person by 2040. The emissions reduction pathway over the coming decades is illustrated in Figure ES-3, below. Together, the measures and actions in the CAP 2.0 provide Cupertino with the GHG reductions necessary to achieve Cupertino’s 2030 climate action target as shown in Table ES-1. However, the 2040 GHG emissions reductions quantified are not yet enough to meet the City’s longer-term 2040 climate action target of carbon neutrality. This CAP 2.0 aims to establish new systems that are resilient and equitable and make substantial progress towards carbon neutrality in the future. Future CAP updates past 2030 will also outline new measures and actions that Cupertino will implement to close the remaining gap to achieve the carbon neutrality target.

The Cupertino climate action
targets are more aggressive than
the state-level goals. The
community and City Council have
consistently demonstrated climate
action leadership and put forward
resources to set an example.

Chapter Five has all the details on
goal-setting and the target path to
a carbon-neutral city.
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6 Figure ES 2. Forecasted Emissions per Capita by Sector for the Baseline Year 2018, and Projected for 2030 and 2040
Transportation
Transportation Transportation
Residential
Residential
Residential
Commerical/
Industrial
Commerical/
Industrial Commerical/
Industrial
Wastewater
Wastewater
Wastewater
Solid Waste
Solid Waste
Solid Waste
-
1 2
3 4
5 6
2018 2030 2040
Emissions (MT CO2e per capita)
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Climate Action Plan 2.0 7
Figure ES 3. Per Capita Baseline Emissions Compared to Forecast Scenario and Target Pathway to Carbon Neutrality
Table ES-1 Targets Versus Greenhouse Gas Reductions
Target/Forecast
2030 GHG
Emissions (MT
CO2e/person)
2040 GHG
Emissions (MT
CO2e/person)
Business-as-usual Forecast 5.77 5.91
Adjusted Forecast 5.04 4.74
Climate Action Targets 3.39 0.00
GHG Emissions Reductions from Full
Implementation of Measures 1.66 3.77
GHG Emissions after Measure Reductions 3.39 0.97
Target Anticipated to be Met? Yes
No; substantial
progress
demonstrated
Adjusted Forecast
Target Pathway

5.48 MT CO2e per capita

3.39 MT CO2e per capita
CAP 2.0 Plan
0 1
2 3
4 5
6 2015 2020 2025 2030 2035 2040 2045
Emissions (MT CO2e per capita)
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City of Cupertino
8 Climate Change Impacts and Adaptation
The City has identified six hazards of concern: adverse air quality impacts, extreme heat, extreme precipitation/storm flooding, wildfire, drought, and sea level rise. Several impacts of these hazards are being felt now and are projected to intensify in the future. Based on an analysis of potential impacts and the City’s adaptive capacity, Cupertino is most vulnerable to adverse air quality impacts and extreme heat, and the City has medium vulnerability to drought, wildfire, and extreme precipitation/storm flooding. Cupertino is least vulnerable to sea level rise, however indirect effects from sea level rise may be felt in the region.

To protect people, assets, and natural systems, the City is engaging in climate adaptation.

This is defined as responding to actual or expected climate impacts, with the goal of mitigating harms or taking advantage of opportunities. Further information on climate adaptation, our vulnerability assessment, and adaptation measures are found in Chapter 12.

Cupertino CAP 2.0 Measures to be Implemented by 2030
Implementation of the following suite of measures would result in Cupertino achieving its 2030 target of 3.39 MT CO2e per person. Additional measures will be required as part of future CAP update to attain the longer-term goal of carbon neutrality by 2040.1 Each measure is supported by a suite of actions that will help to achieve the completion of that measure. The measures and actions have
been designed using principles called key
pillars that ensure that changes are robust,
effective, and inclusive.

Key pillars include partnerships, equity,
financing, structural change, and engagement
and are discussed in more detail in Section 7.4
of the CAP 2.0. The measures and actions have
been assessed by the community throughout
the CAP 2.0 update process.
1 Association of Environmental Professionals (AEP). “The California Supplement to the United States Communitywide Greenhouse Gas (GHG) Protocol”. 2013. Available:
https://califaep.org/docs/California_Supplement_to_the_National_Protocol.pdf . Accessed February 2022; and California Air Resources Board (CARB). “California’s 2017 Climate Change Scoping Plan”.

Available: https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/scoping_plan_2017.pdf .

Accessed February 2022.

The CAP 2.0 measures are the
specific steps that serve two
primary purposes:
• climate mitigation through
reduced GHG emissions and,
• adaptation to those impacts
of climate change that may
be unavoidable.
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Climate Action Plan 2.0 9
Figure ES 4 Expected 2040 Impact by Sector From CAP 2.0 Measures 135
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10 Table ES-2 CAP 2.0 GHG Emissions Reduction Measures Overview No. Measure
MT CO2e
Reduction
Per Person*
BE-1 Reduce non-SVCE usage rate to 2% for residential and 10% for commercial by 2030 and maintain through 2040
2030: 0.012
2040: 0.004
BE-2
Electrify existing residential buildings to reduce annual residential natural gas usage from 129 therms per person in 2018 to at most 71 therms per person in 2030 and 16 therms per person in 2040
2030: 0.290
2040: 0.566
BE-3
Electrify existing commercial buildings to reduce annual commercial natural gas usage from 119 therms per person in 2018 to at most 90 therms per person in 2030 and 54
therms per person in 2040
2030: 0.190
2040: 0.366
BE-4 Require new residential and commercial development to be all-electric at time of construction
2030: 0.067
2040: 0.221
BE-5
Develop specific requirements for procurement of carbonfree fuels in lieu of natural gas for new projects that cannot be electrified
Supportive
TR-1
Develop and implement an Active Transportation Plan to
achieve 15% of active transportation mode share by 2030 and 23% by 2040
2030: 0.048
2040: 0.071
TR-2
Implement public and shared transit programs to achieve 29% of public transit mode share by 2030 and maintain
through 2040
2030: 0.269
2040: 0.256
TR-3
Increase zero-emission vehicle (ZEV) adoption to 35% for passenger vehicles and 20% for commercial vehicles by
2030 and 100% for all vehicles by 2040
2030: 0.457
2040: 1.960
TR-4
Re-focus transportation infrastructure away from singleoccupancy gasoline vehicles to support the bicycle/pedestrian, public transit, and ZEV goals of
Measures TR-1, TR-2, and TR-3
Supportive
TR-5 Electrify or otherwise decarbonize 34% of off-road equipment by 2030 and 35% by 2040
2030: 0.098
2040: 0.102
W-1
Implement SB 1383 requirements and reduce
communitywide landfilled organics 75% by 2025 and
inorganic waste 35% by 2030 and reduce all waste 90% by 2040
2030: 0.202
2040: 0.200
W-2 Reduce overall waste disposed to garbage, recycling, and compost per capita by 15% by 2035 Supportive
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Climate Action Plan 2.0 11
No. Measure
MT CO2e
Reduction
Per Person*
WW-1 Reduce per capita water consumption 15% compared to 2019 levels by 2030 and maintain through 2040 Supportive WW-2 Support the SJ-SC RWF in implementing GHG emissions reduction projects Supportive
Carbon Sequestration Measures
W-3
Meet or exceed the SB 1383 recycled organics products
procurement requirements and sequester or avoid at least

0.018 MT CO2e per person by through 2045
2030: 0.018
2040: 0.018
CS-1
Increase carbon sequestration through tree planting by
developing and implementing an Urban Forest
Management Plan
Supportive
CS-2 Leverage the carbon sequestration potential of open space and carbon removal Supportive
Adaptation and Resilience Measures
AR-1
Increase usage of natural infrastructure solutions such as bioswales, rainwater storage systems, and permeable
pavements to enhance infrastructure resiliency
Supportive
AR-2
Bolster emergency preparedness and response by
integrating climate adaptation and improving climaterelated communications Supportive
AR-3 Strengthen community capacity and resilience through education, resources, and policies Supportive
AR-4 Update the Adaptation Strategy and Action Plan in
Coordination with the County of anta Clara Supportive
* Measures and actions marked as “supportive” may also be quantifiable and have substantial evidence to support their overall contribution to GHG reduction, they are not quantified for one of several factors. Refer to Section 7 for more information. 137
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12 1 Vision and Purpose

1.1 Cupertino CAP 2.0 Vision Statement
Vision
Cupertino envisions a future with cleaner air, resilient and renewable energy sources, livable communities, an equitable distribution of resources, and opportunities to build and maintain resilient homes and businesses. Climate change poses a challenge to that vision and the effects of climate change are already impacting California communities on the local level.

The impacts of climate change are projected to worsen over the next century if there is not a concerted global effort to address the cause of climate change by reducing greenhouse gas (GHG) emissions. The City of Cupertino recognizes the need for ambitious climate action.

On September 18, 2018, the City passed Resolution No. 18-094, declaring a climate emergency. This resolution calls for an emergency mobilization effort to end communitywide GHG emissions as quickly as possible, educate residents about climate change, and advocate for a mass mobilization at the local, State, national, and global levels.

This Climate Action Plan (CAP) 2.0 supports that resolution and builds on the progress achieved in Cupertino’s 2015 CAP by providing an updated roadmap of specific actions to reduce GHG emissions, achieve the City’s target of carbon neutrality by 2040, and increase community resilience, and capacity to adapt to the
impacts of climate change.

In addition to emission reduction strategies this
CAP 2.0 details strategies for Cupertino to prepare
for and mitigate approaching risks and charts the
course towards a prosperous and sustainable
future. By achieving carbon neutrality, Cupertino
will contribute its fair share to address the climate
crisis and support international climate goals
limiting global temperature rise. This target is
consistent with the United Nations International
Panel on Climate Change (IPCC) analysis on what
is necessary to reduce the likelihood of catastrophic
global climate change. Addressing climate change
also presents Cupertino with an opportunity to
build a vibrant future aligned with the key
principles outlined below.
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Climate Action Plan 2.0 13
Guiding Principles
The following principles are key to achieving the vision for the CAP 2.0 and were adopted by the Cupertino Sustainability Commission and City Council in December of 2020:
 Equity: Activate and celebrate the multiracial character of Cupertino. Take every effort to include traditionally under-represented voices and those who might be displaced by climate hazards in the planning and selection of strategies, as well as business, faith groups, neighborhoods, and schools. Create a plan that reflects the diversity of the city and sets us on a path towards a more welcoming and inclusive Cupertino.  Innovation: Develop measures in short-term and long-term action plans that position Cupertino as a leader in climate innovation and technological development, new ways of working and studying, and commit to educating the community on innovative strategies at least once a year.
 Urgency and Flexibility: Establish a frequent cadence of updates to the near-term action plans, with the aim to both focus community resources and stay flexible in a fastmoving world. Work with haste commensurate with the Climate Emergency Declaration that Council adopted in 2018 and the unprecedented opportunity that climate and waste plans present to our community by taking bold steps in the early planning horizon.
 Resilience and Adaptation: Establish climate adaptation measures such as green infrastructure and protecting biodiversity that keeps Cupertino residents and businesses safe, productive, and happy while climate risks accelerate.

Purpose
Climate Action
This CAP 2.0 will guide Cupertino towards reducing GHG emissions in a manner that exceeds the State goal to reduce GHG emissions 40 percent below 1990 levels by 2030, established by California Senate Bill (SB) 32. This CAP 2.0 will also put the City on a trajectory to meet or exceed the State goal of achieving carbon neutrality by 2045, established by California Executive Order B-55-18. See Appendix A for a written description and a timeline of relevant climate action planning regulations.

Specifically, Cupertino has a target to reduce total emissions 45 percent below 1990 levels by 2030, exceeding the State 2030 target. This translates into a GHG emissions reduction of 179,772 MT CO2e total (or 6.68 MT CO2e per person). Cupertino also has a goal of carbon neutrality (i.e., net zero MT CO2e person) by 2040, again exceeding the State carbon neutrality target.
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14 CEQA GHG Emissions Analysis Streamlining
The CAP 2.0 fulfills the requirements of California Environmental Quality Act (CEQA) Guidelines Section 15183.5(b) to be considered a “qualified” GHG reduction plan.2 Creating and updating this CEQA qualified plan is in accordance with Cupertino General Plan – Environment and Sustainability Element.

In compliance with CEQA and State CEQA Guidelines, local agencies must evaluate the environmental impacts of new development projects or plans, including impacts related to GHG emissions associated with the construction and operation of projects or plans. This process can be cumbersome for local agencies and developers alike and can result in project delays. The CEQA Guidelines provide an option for new projects to streamline the CEQA analysis of GHG emissions by tiering from a qualified GHG reduction plan.

This CAP 2.0 and its associated CEQA environmental assessment documentation are consistent with the criteria set forth in CEQA Guidelines Section 15183.5(b) as summarized in Table 1. As such, this CAP Update is considered a qualified GHG reduction plan.

Table 1 CEQA Guidelines Section 15183.5(b) Criteria Addressed in CAP Update 2 Governor’s Office of Planning and Research (OPR), “General Plan Guidelines - Chapter 8: Climate Change,” Available: https://opr.ca.gov/docs/OPR_C8_final.pdf. Accessed November 2021.

CEQA Criteria CAP Update Chapter
Addressing Criteria

1. Quantify existing and projected GHG emissions
within the plan area Chapter 4

2. Establish a reduction target consistent with State
targets Chapter 5

3. Identify and analyze sector specific GHG
emissions from specific actions or categories of
actions anticipated within the geographic area
Chapter 4
Appendix B

4. Specify measures and actions that substantial
evidence demonstrates would collectively
achieve the specified reduction target
Chapters 8, 9,10,11
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If future projects are consistent with this CAP 2.0 in terms of GHG emissions construction and operational levels as well as consistent with the questions and requirement of the associated CAP Consistency Checklist (i.e., Cupertino CEQA GHG Checklist), future CEQA GHG emissions impact analyses can be streamlined with a qualitative rather quantitative CEQA GHG emissions analysis and with presumption that the project or plan’s GHG emissions are not considered cumulatively significant under CEQA.

1.2 Cupertino Declaration of Climate Emergency
In recognition of the urgent and existential nature of climate change, the City of Cupertino declared a climate emergency with the passage of Resolution No. 18-094 on September 18, 2018. In addition to calling for an emergency mobilization effort to halt greenhouse gas emissions at the local level, the resolution calls on the State of California, the United States, and all governments worldwide to initiate emergency mobilization efforts to mitigate climate change, stop rising GHG emissions, and safely draw down carbon from the atmosphere.

As part of the resolution the City of Cupertino committed to keeping equity central to the climate mobilization planning process by encouraging community engagement and participation. The development process for this CAP 2.0 and the measures are aligned with this mission. Please refer to Chapter 6 for more detail about the planning process and how public input was incorporated into this CAP 2.0.

CEQA Criteria CAP Update Chapter
Addressing Criteria

5. Establish a mechanism to monitor progress and
amend the plan if it is not achieving specified
emissions levels
Chapter 13

6. Adopt in a public process following
environmental review
See associated CEQA
environmental assessment
documentation
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16 2 Scientific Context and Impacts

2.1 Climate Change Science
The Greenhouse Gas Effect and Climate Change Problem
Earth’s climate is largely driven by energy that comes from the sun. When solar radiation reaches the Earth’s atmosphere, some of it is reflected into space and a portion is absorbed by the Earth’s surface. As the Earth absorbs solar radiation, its surface heats up and reradiates heat back out into the atmosphere.3 While some of the heat escapes past the atmosphere into space, gases in the atmosphere prevent the loss of some of the heat.

Without some GHGs in the atmosphere, the Earth would not be warm enough to sustain life as we know it. This heat trapping quality of gases in Earth’s atmosphere is known as the greenhouse effect. The gases trapping the heat are known as greenhouse gases (GHG).4 Increased levels of specific GHG in the atmosphere means that less heat escapes to space.

More heat trapped in the atmosphere leads to much more than hotter average temperatures also known as global warming, which in turn contributes to more intense storms, drought, extreme heat events, and sea level rise. 5 These effects are considered climate change.

Human-caused climate change is well understood and widely accepted by the scientific community, with over 97 percent of climate scientists agreeing that the planet is warming and human activities are the root cause.6 Human activities have raised the levels of GHGs in the atmosphere from 280 parts per million to over 410 parts per million in the last 150 years.7 Although many changes to climate are governed by natural processes, human activities have added GHGs to the atmosphere at a rate that is unprecedented in Earth’s 3 NASA. “The Causes of Climate Change,” Climate Change: Vital Signs of the Planet. Available:
https://climate.nasa.gov/causes. Accessed December 2021 4 UCAR. “The Greenhouse Effect | Center for Science Education,” Available:
https://scied.ucar.edu/learning-zone/how-climate-works/greenhouse-effect. Accessed December 2021.
5 IPCC. “Summary for Policymakers — Global Warming of 1.5 oC. Available:
https://www.ipcc.ch/sr15/chapter/spm/. Accessed December 2021. 6 NASA. “Scientific Consensus: Earth’s Climate Is Warming,” Climate Change: Vital Signs of the Planet.

Available: https://climate.nasa.gov/scientific-consensus. Accessed December 2021. 7 J. Blunden and T. Boyer, “State of the Climate in 2020,” Bulletin of the American Meteorological Society 102, no. 8. 2021. Available: https://doi.org/10.1175/2021BAMSStateoftheClimate.1. Accessed December 2021.
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history, leading to CO2 levels that are now higher than they have been any time in the past 800,000 years.8
Globally, climate change is already impacting both human and natural systems. Scientists have measured shrinking ice sheets, warming, and acidifying oceans, increasing global temperatures, less snow cover, sea level rise, and species extinction. The potential consequences of these climate change related impacts include the flooding of low-lying areas, reduction of fresh-water supply, adverse changes to biological resources and public health, as well as many other adverse environmental consequences.9 Globally, a warming trend is abundantly clear, with nineteen of the hottest years on record occurring since 2000.10 The year 2020 tied with 2016 for the hottest year on record since record-keeping began in 1880, and these trends are consistent across numerous monitoring agencies and data sets.11
Though climate change is a global phenomenon it has the potential to impact facets of society on the local level including health outcomes, natural resource access, infrastructure, emergency response, tourism, and frequency of disasters. The United Nations Intergovernmental Panel on Climate Change (IPCC) projections show that a reduction in GHG emission to carbon neutrality by mid-century is required to limit warming trends to

1.5 degrees Celsius and avoid the worst impacts of climate change.12 In order to do this, action must be taken at all levels of society to reduce emissions of greenhouse gases. 8 Ibid.
9 IPCC. “Impacts of 1.5°C of Global Warming on Natural and Human Systems,” Assessment Report 5. 2018. Available: https://www.ipcc.ch/sr15/chapter/chapter-3/ Accessed December 2021. 10 NASA-GISS. “Land-Ocean Temperature Index (C): Global Mean Estimates Based on Land and Ocean Data”. Available:
https://data.giss.nasa.gov/gistemp/graphs/graph_data/Global_Mean_Estimates_based_on_Land_and _Ocean_Data/graph.txt. Accessed December 2021.
11 NASA. “Global Surface Temperature | NASA Global Climate Change,” Climate Change: Vital Signs of the Planet. Available: https://climate.nasa.gov/vital-signs/global-temperature. Accessed December 2021;
Climatic Research Unit (CRU). “Land Surface Air Temperature Variations Across the Globe Updated to 2019: The CRUTEM5 Data Set,” Journal of Geophysical Research: Atmospheres 126, no. 2. 2021. https://doi.org/10.1029/2019JD032352 Accessed: December 2021; 12 IPCC. “Summary for Policymakers — Global Warming of 1.5 oC”. Available:
https://www.ipcc.ch/sr15/chapter/spm/. Accessed December 2021. 143
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18 Source: National Resources Defense Council, https://www.nrdc.org/stories/greenhouseeffect-101 Types of GHG Emissions
The IPCC lists the following GHGs: carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), as well as chlorofluorocarbons, hydrochlorofluorocarbons, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, which are collectively called fluorinated gases.13 Almost all the GHGs emitted in the United States each year consist of CO2, CH4, and N2O, 13 Note: Fluorinated gases, which includes four main types: hydrofluorocarbons 8. (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6) and nitrogen trifluoride (NF3), are man-made gases that can stay in the atmosphere for centuries and contribute to the GHG effect. Center for Climate and Energy Solutions. “Main Greenhouse Gases”. 2021. Available: https://www.c2es.org/content/maingreenhouse-gases/. Accessed December 2021 144
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Climate Action Plan 2.0 19
while fluorinated gases make up the remaining emissions14. Because CO2, CH4, and N2O comprise a large majority of GHG emissions at the community level, these are the gases considered in this analysis.

Each GHG has a different propensity for trapping heat in the atmosphere, known as its global warming potential (GWP). GHGs also last for different periods of time in the atmosphere, ranging from a decade to several thousand years. Because all the GHGs have different characteristics, a standard unit is needed to compare the potential impact of different GHGs and allow them to be added up in an analysis. This is achieved by converting all GHGs into the standard unit known as a carbon dioxide equivalent (CO2e), based on the amount of heat one metric ton (MT) of CO2 traps in the atmosphere. GWP for each GHG was drawn from the IPCC fifth Assessment Report15, which represents the best available scientific consensus and is consistent with the methodology outlined in the California Air Resources Board (CARB) Scoping Plan. Since CO2 is used as the reference point for trapping heat, CO2 has a GWP of 1. Methane has a GWP of 28, meaning that each metric ton (MT) of methane causes 28 times more warming than 1 MT of CO2. Nitrous oxide has a GWP of 265, meaning 265 times the GWP of 1 MT of CO 2.16 Sources of GHG Emissions
The combustion of fossil fuels is the primary source of GHG emissions, decomposition of waste, and land use change are also major contributors. It can be helpful to understand how different sectors contribute to total emissions. The top sources of GHGs nationwide are transportation, energy production, industrial processes, commercial and residential uses, agriculture, and land use change.17 Fluctuations in annual GHG emissions can be attributed to changes in the economy, the price of fuel, and land-use change. For example, nationwide GHG emissions decreased from 2018 to 2019 by 1.7 percent. This decrease in emissions was 14 Note: Ninety-seven percent of the annual GHG emissions consist of CO2, CH4, and N2O and fluorinated gases make up the remaining three percent of GHG emissions. US EPA. “Inventory of U.S.

Greenhouse Gas Emissions and Sinks”. 2021. Available: https://www.epa.gov/ghgemissions/inventoryus-greenhouse-gas-emissions-and-sinks. Accessed: December 2021; World Resources Institute. “4 Charts Explain Greenhouse Gas Emissions by Countries and Sectors”. 2021. Available:
https://www.wri.org/insights/4-charts-explain-greenhouse-gas-emissions-countries-and-sectors.

Accessed December 2021.
15 IPCC. Climate Change 2014: Synthesis Report. Available:
https://www.ipcc.ch/site/assets/uploads/2018/02/SYR_AR5_FINAL_full.pdf. Accessed December 2021; and California Air Resources Board (CARB). “California’s 2017 Climate Change Scoping Plan”.

Available: https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/scoping_plan_2017.pdf .

Accessed February 2022.
16 IPCC. Climate Change 2014: Synthesis Report. Available:
https://www.ipcc.ch/site/assets/uploads/2018/02/SYR_AR5_FINAL_full.pdf. Accessed December 2021 17 US EPA, “Sources of Greenhouse Gas Emissions,” Overviews and Factsheets. 2020. Available:
https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions. Accessed December 2021. 145
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20 driven largely by the continued shift in electricity production as the electric power sector moves away from using coal to natural gas and renewables, as well as a small reduction in total energy consumption year over year.18
The main sources of GHG emissions in Cupertino are from buildings, transportation, waste, and water. Building emissions are associated with electricity and natural gas used by commercial, residential, and municipal buildings. Transportation emissions are generated by fuels used to power cars, trucks, and off-road vehicles. Waste from residential, commercial, and municipal sources generates methane emissions as material (especially organics like food scraps and yard waste) decomposes in the landfill. Water emissions are generated by the electricity used to transport water for residential, commercial, and agricultural use, and emissions from wastewater treatment processes.

Opportunities to Reduce GHG Emissions
Cities are important players in reducing GHG emissions at the local level. Local government policies and programs can affect high-emissions behaviors, help mitigate the impacts of climate change, and prepare the community for resilience. Ways those cities can influence climate action and emissions include strategic local land use planning, updating building standards, and public and private partnerships that encourage behavior change. Cities can take numerous actions to help reduce emissions such as improving building codes to reduce energy use, incentivizing alternative transportation options to decrease fuel use, expanding options for waste stream diversion and renewable energy sources, and educating community members about their choices as citizens and customers.

2.2 Climate Change Impacts in Cupertino
Climate change already has impacted and will continue to impact the City of Cupertino, its residents, businesses, and visitors. In the past few years, Cupertino has experienced severe droughts, poor air quality from regional wildfire smoke, and local flooding from extreme precipitation events. As the climate continues to change, many climate hazards may become more frequent and intense. The City has performed research and public outreach to identify which hazards are likely to impact Cupertino, the intensity of those impacts, and the City’s capacity to adapt to these hazards. Together these metrics form a vulnerability assessment.

A companion document to this CAP 2.0 outlines the detailed methodology that was used. 18 US EPA. “Inventory of U.S. Greenhouse Gas Emissions and Sinks,” Reports and Assessments. 2021.

Available: https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks.

Accessed: December 2021.
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The City of Cupertino’s vulnerability assessment is summarized in Table 2.

Table 2: Projections and Impacts by Climate Hazard
Climate Hazard Projected Change Major Impacts
Adverse air quality
impacts
• Warmer temperatures
will increase smog and
pollutant formation
• Wildfires will deteriorate
air quality
• Pollen and dust
production will increase
• Health risks for vulnerable
groups including children
and people with pre-existing
health conditions
• Decreased outdoor
recreational opportunities
Extreme heat • Increase in extreme
heat days from 5 per
year to 11 per year by
2050 and up to 14 days
per year by 2100 (RCP

4.5)
• Maximum temperatures
increase by 1.8°C (3.3°F)
in 2050 and 2.3°C (4.2°F)
by 2100
• Heat-related illnesses and
exacerbation of pre-existing
health conditions
• Higher building operational
costs and brownouts
• Financial burden related to
replacing food, running
generators, etc.
• Decreased productivity in
work and school, stress to
natural systems, and
infrastructure deterioration
Extreme
precipitation/storm
flooding
• Extreme storm
frequency remains
similar in mid-century
but annual average
increases by 1-2 events
by late-century
• Precipitation events
(measured in
inches/day) could
increase 6-21% (up to
37% under RCP 8.5) by
2100
• Residents in high-risk areas
at risk for structural damage,
injuries, and displacement
• Disruptions to energy,
transportation, and water
infrastructure
• Flood insurance premiums
increase by $10 to $30 per
month for certain residents
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22 Climate Hazard Projected Change Major Impacts
Wildfire • Longer wildfire season,
more frequent wildfires,
and greater intensity
• Across the Bay Area,
increase from 8,208
hectares burning
annually to 9,969 by
mid-century (RCP 4.5)
• In Cupertino, wildfire risk
remains similar at about
30-40 hectares burning
annually
• Residents in high-risk areas:
direct injuries, structural
damage, and displacement
• Wildfire smoke
• Disruptions to natural
systems
• Public safety power shutoffs
• Damage to regional energy,
information and
communications, and
transportation infrastructure
Drought • On average, 4.9 fewer
inches of annual
precipitation by late
century under drought
conditions
• Decrease in Sierra
Nevada snowpack 30-
60% under RCP 8.5 due
to higher rates of
melting and less
precipitation falling as
snow
• Impacts on agriculture
could increase food costs
• Increase in utility bills
• Concentration of
contaminants in drinking
water
• Mosquito-borne disease and
Valley Fever
• In extreme cases, land
subsidence
Sea level rise • Around 0.74 m (about

2.43 feet) of sea level
rise in the San Francisco
Bay by 2100
• Disrupt regional energy,
transportation, and water
infrastructure
• Impacts on neighboring
cities could strain social
services, housing, and other
regional resources
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Climate Action Plan 2.0 23
Some Impacts are Being Felt Now, and Hazards are Projected to Intensify Adverse Air Quality Impacts
Because of Cupertino’s geography, weather, and local features such as Interstate 280, the city is already at high risk for poor air quality. From 2015 to 2019, Cupertino experienced 31 days where ozone or particulate matter levels exceeded state standards.19 As the climate changes, warmer and drier temperatures will create more pollutants such as ozone, wildfire smoke, dust, and pollen. Poor air quality is linked to respiratory conditions such as asthma, vascular conditions such as heart attacks and stroke, and various cancers. Children and youth, seniors, those with pre-existing conditions, pregnant women, and outdoor workers are especially vulnerable and make up over 41% of Cupertino’s population.

Extreme Heat
Hot days are familiar in Cupertino, but extreme heat days are projected to become more frequent, longer, and more severe. Extreme heat can cause illnesses such as heat exhaustion, exacerbate pre-existing conditions, and increase the risk of vascular events such as heart attacks, all of which can cause significant injury or even death. Children and youth, seniors, persons with health conditions, and low-income communities are more vulnerable to extreme heat. Extreme heat may also impact residents by causing brownouts, increasing costs through air conditioning and other protective measures, decreasing productivity, stressing natural systems, and damaging infrastructure.

Flooding from Severe Storms & River Flooding
Historically, some areas of Cupertino have experienced occasional shallow overland flooding20, and the areas around Stevens Creek and Calabazas Creek are vulnerable to riverine flooding. Cupertino experienced its most recent severe flooding event in February 2017, after two large storm events occurred in the span of two weeks. As the climate changes, the average annual volume of precipitation is not expected to change dramatically, but storm events like the ones in 2017 are projected to become more frequent and intense.

This means precipitation may be compressed into fewer, intense events rather than spread out in smaller precipitation events. About 300 people and 82 structures are at risk during a 19 Based on San Jose monitoring station data. Bay Area Air Quality Management District. Air Quality Summary Reports. Available: https://www.baaqmd.gov/about-air-quality/air-quality-summaries.

Accessed January 2022.
20 FEMA. 2015. “Flood Insurance Study: Santa Clara County”. Available:
https://msc.fema.gov/portal/advanceSearch#searchresultsanchor . Accessed February 2022. 149
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24 10-year flood.21 Those at direct risk may experience property damage, injuries and other health impacts, and financial costs including higher flood insurance premiums. Indirect impacts may include disruptions to economic activity and infrastructure damage.

Wildfires and Smoke
In August of 2020, the CZU and SCU Lightning Complex fires collectively burned 483,133 acres, destroyed over 1,700 structures, and damaged over 150 more.22The SCU Lightning Complex fire alone was the fourth largest wildfire incident in California history. These fires severely degraded the area’s air quality. During the fires, particulate readings regularly crossed into the “Unhealthy” level, and officials called on residents to stay indoors. When the CZU Lightning Complex fire spread rapidly through the mountains west of Cupertino, more than 22,000 people in the area were evacuated. Increased temperatures, drought, and severe weather can increase fire risk and contribute to similar incidents impacting Cupertino.

About 33 residents live in high-risk areas and may experience significant impacts such as direct injuries, structural damage, and displacement.23 However, all Cupertino residents are exposed to indirect impacts like public safety power shutoffs, damage to regional infrastructure like major highways, and degraded natural areas. As stated in the air quality section, groups such as children and youth are highly vulnerable to poor air quality and make up a large part of Cupertino’s population.

Drought
For Santa Clara County, 2021 had been the 33rd driest year over the past 127 years on record, and the entire county was designated as experiencing extreme or exceptional drought.24 The ten reservoirs in the South Bay Area were collectively at less than 12 percent of total 21 Office of Emergency Services, County of Santa Clara, and Santa Clara County Fire. October 15, 2017. Santa Clara County Operational Area Hazard Mitigation Plan Volume 1—Operational-Area-Wide Elements. Available:
https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/files/For%20Partners/Local-HazardMitigation-Plan-LHMP-Vol-1.pdf. Accessed February 2022. 22 CAL Fire. SCU Lightning Complex Incident Report. Available:
https://www.fire.ca.gov/incidents/2020/8/18/scu-lightning-complex/#incident-damages-losses.

Accessed January 2022.
23 Office of Emergency Services, County of Santa Clara, and Santa Clara County Fire. October 15, 2017. Santa Clara County Operational Area Hazard Mitigation Plan Volume 1—Operational-Area-Wide Elements. Available:
https://emergencymanagement.sccgov.org/sites/g/files/exjcpb261/files/For%20Partners/Local-HazardMitigation-Plan-LHMP-Vol-1.pdf. Accessed February 2022. 24 Drought.gov, NIDIS. “Santa Clara County Conditions”. Available:
https://www.drought.gov/states/california/county/santa%20clara. Accessed December 2021. 150
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capacity as of September 2021.25 Valley Water instituted a 15% water use reduction in June 2021, but the County remains in a drought emergency despite reaching monthly conservation goals.26 As the climate becomes hotter and drier, drought conditions may worsen. This can increase food prices, utility bills, and other costs. As water becomes scarcer, water quality may decrease as algal blooms occur, pollutants become more concentrated, and stressed natural systems no longer filter water. Drawing up high levels of ground water may cause further contamination, and in extreme cases, cause the ground to subside.

Sea Level Rise
Cupertino will not be directly impacted by sea level rise, even when accounting for extreme conditions.27,28Rising sea levels may push groundwater closer to the surface, causing flooding from underneath. 29 However, current projections indicate that Cupertino will not be affected by such emergent groundwater.30 Though Cupertino will not be directly affected by sea level rise, there may be significant regional impacts. These impacts have the potential to be both extensive and expensive and can affect public infrastructure, private property, vulnerable communities, natural resources, drinking and agricultural water supplies, toxic contamination, and economic disruption.31 25 Robert Handa, NBC Bay Area. “Here’s How California’s Drought Is Impacting Bay Area Reservoirs”. 2021. Available: https://www.nbcbayarea.com/news/local/climate-in-crisis/heres-how-californiasdrought-is-impacting-bay-area-reservoirs/2665032/. Accessed: December 2021. 26 Santa Clara Valley Water. “Santa Clara County is in an extreme and exceptional drought and Valley Water can help you save water”. 2021. Available: https://www.valleywater.org/drought.

Accessed December 2021.
27 Cal-Adapt. Sea Level Rise. Available: https://cal-adapt.org/tools/slr-calflod-3d/. Accessed December 2021.
28 Manoochehr Shirzaei and Roland Burgmann. Science Advances. March 2018. Global climate change and local land subsidence exacerbate inundation risk to the San Francisco Bay Area.

Available: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5846283/. Accessed February 2022. 29 Legislative Analysts Office, California. 2020. “What Threat Does Sea Level Rise Pose to California?”.

Available: https://lao.ca.gov/reports/2020/4261/sea-level-rise-081020.pdf . Accessed February 2022. 30 Ellen Plane, Kristina Hill, and Christine May. Water. 2019. A Rapid Assessment Method to Identify Potential Groundwater Flooding Hotspots as Sea Levels Rise in Coastal Cities. Available:
https://doi.org/10.3390/w11112228. Accessed February 2022. 31 Legislative Analysts Office, California. 2020. “What Threat Does Sea Level Rise Pose to California?”.

Available: https://lao.ca.gov/reports/2020/4261/sea-level-rise-081020.pdf . Accessed February 2022. 151
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26 Adapting to Climate Change
Community Concerns
The public’s strong concerns about climate hazards further emphasize the necessity of adapting to climate change. In the first Climate Action Plan 2.0 survey, conducted in summer 2021, 86% of respondents believe that climate change currently has at least some impact on them and their family’s personal wellbeing and safety. 95% of respondents believe that climate change will have at least some impact on them and their family’s personal wellbeing and safety 10 years from now. Common concerns expressed in public engagement included health risks related to extreme heat and poor air quality, improving air quality monitoring and alert systems, the effects of climate hazards on outdoor recreational and social opportunities, and the costs related to increased insurance premiums and loss of power. Figure 1 provides greater details about which hazards residents are most concerned about.

Figure 1. Community Concerns about Climate Hazards
Source: Public Survey 1, out of 106 respondents
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Climate Action Plan 2.0 27
3 Climate Action History

3.1 Progress to Date
The City of Cupertino has conducted a GHG emissions inventory of communitywide GHG emissions for 2010, 2015, and 2018. In addition to these inventories, the City prepared a CAP in 2015 that assessed both communitywide and municipal GHG emissions. See Appendix B for more information about the data used and how GHG emissions were calculated for Cupertino’s 2018 GHG emissions inventory. Figure 2 shows some of the major milestones from recent history in Cupertino’s climate actions. Progress reports are available online at cupertino.org/sustainability.

Figure 2. Selected Milestones in Cupertino’s Climate Action History 153
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28 City of Cupertino
Trends from Cupertino GHG Emissions Inventories
In the 2015 CAP, the City of Cupertino set a target to reduce GHG emissions 15 percent compared to 2010 by the year 2020. The City achieved this target ahead of schedule with emissions falling 15 percent below 2010 levels as of 2018. Community emissions are driven by both residential and commercial activity occurring within Cupertino, and changes in population and jobs in the City can result in increases or decreases in community emissions.

For example, Cupertino has experienced an estimated 6 percent increase in population, 18 percent increase in jobs, and a 10 percent increase in daytime or “service” population since 2010. As a result of increases in local jobs, commercial natural gas usage also increased since 2010, by roughly 18 percent. While the City’s climate actions and other systemic changes resulted in an overall 15 percent decrease in emissions, reducing commercial natural gas usage represents an opportunity for continued progress. For a full account of the progress that Cupertino has already achieved since the 2015 CAP, as well as complimentary sustainability projects and programs pursued by the City of Cupertino above and beyond the CAP measures, please refer to Appendix E: Existing Programs and Accomplishments.

Robust Sustainability Leadership
The City of Cupertino and the Cupertino City Council have a robust legacy as a leader in sustainability. This is achieved through the City’s dedicated Cupertino Green team to implement sustainability leadership and to support continued innovation and effective action on climate and sustainability. Cupertino Green is dedicated to designing and coordinating the energy, water, and transportation goals set forth in the City’s General Plan – Sustainability Element. Cupertino Green is made up of both the Sustainability and Environmental Programs teams and is committed to maintaining Cupertino as a sustainable and healthy place to live, learn, work, and play for all members of the Cupertino community.

Sustainability Team
Housed within the City Manager’s Office, the Sustainability team oversees Cupertino’s Climate Action Plan as well as providing residents, businesses, and schools with programs and services. This team focuses primarily on energy efficiency, renewable energy, water conservation, drought resources, alternative transportation, the annual Earth Day Festival, and other sustainable actions.

Environmental Programs Team
Housed within the Public Works Department, the Environmental Programs team manages the City’s waste disposal services and provides composting and recycling programs to Cupertino residents and businesses. This team also ensures that state and federal requirements for storm runoff management are met to protect to local creeks and the San Francisco Bay from pollutants carried in runoff after storms. 154
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Climate Action Plan 2.0 29
Sustainability Commission
The Cupertino Sustainability Commission consists of five members appointed by the City Council to provide expertise and guidance on policy areas related to the City’s ongoing climate action planning efforts. The Sustainability Commission serves in an advisory capacity to the City Council and provides expertise and guidance on major policy and programmatic areas related to the environmental, economic, and societal goals noted within the Cupertino CAP and General Plan (GP) Environmental Resources/Sustainability Element.

Lessons Learned
The measures and actions in this CAP 2.0 provide Cupertino with the per capita GHG reductions necessary to achieve Cupertino’s 2030 climate action target (See Section 5.3 and Chapters 8-11). However, the City’s ambitious target of carbon neutrality by 2040 requires some difficult to achieve reductions in emissions that depend on significant changes to the technology and systems currently in place.32
As these measures and actions are implemented, the City will gain more information, new technologies will emerge, and current pilot projects and programs will scale to the size needed to reach carbon neutrality. Furthermore, the state is expected to update state-level regulations and provide additional support for meeting carbon neutrality in the future. The City has additionally identified a future CAP update schedule, as described in Section 13, Future CAP updates past 2030, and will outline new measures and actions that Cupertino will implement to close the remaining gap to achieve the target of carbon neutrality by 2040. 32 Association of Environmental Professionals (AEP). “The California Supplement to the United States Communitywide Greenhouse Gas (GHG) Protocol”. 2013. Available:
https://califaep.org/docs/California_Supplement_to_the_National_Protocol.pdf . Accessed February 2022; and California Air Resources Board (CARB). “California’s 2017 Climate Change Scoping Plan”.

Available: https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/scoping_plan_2017.pdf .

Accessed February 2022.
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30 4 Current and Projected GHG Emissions

4.1 Cupertino GHG Emissions Inventory
Community GHG inventories measure the GHG emissions generated by residents and businesses operating in the community, as well as municipal operations. The process of creating a GHG inventory includes first identifying activities that are major sources of emissions and collecting summary data on those activities for a calendar year. Then, the City uses science-based GHG emissions factors to convert the collected data into an accounting of GHG emissions produced through all the identified activities. Inventories measure GHG emissions in units of metric tons of carbon dioxide equivalent, or MT CO2e.

GHG Inventory Protocols
There are various inventory protocols to guide communities in accurately and consistently measuring GHG emissions. Consistent with the California Office of Planning and Research’s (OPR) guidance, Cupertino’s inventory methods rely on the U.S. Community Protocol for Accounting and Reporting Greenhouse Gas Emissions (Version 1.2) and are consistent with the methodologies used by other cities throughout the State of California.

The Community Protocol is the authoritative guide for best practices in calculating community-scale GHG inventories. The protocol separates a city’s GHG-generating activities into categories known as emissions sectors. Large emissions sectors for cities include the transportation sector (such as combustion emissions from cars and other vehicles operating within the city), the building sector (including emissions from electricity and natural gas usage), and the waste sector (capturing emissions from sending solid waste to the landfill). Consistent with the State’s GHG inventory, the global warming potential (GWP) values for methane (CH4) and nitrous oxide (N2O) were derived from the IPCC Assessment Report 5.33
Not all activities within a city that generate GHGs are included in a GHG emissions inventory. Activities that cannot be controlled or influenced by city policies are generally excluded as they have little bearing on city planning. For example, emissions from cars traveling through a city, whose origins and destinations are both outside of city limits, are typically excluded because a local government cannot reasonably influence this passthrough travel activity. 33 IPCC. Climate Change 2014: Synthesis Report. Available:
https://www.ipcc.ch/site/assets/uploads/2018/02/SYR_AR5_FINAL_full.pdf. Accessed December 2021. 156
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Current Inventory
The CAP 2.0 includes a 2018 inventory of GHG emissions from Cupertino communitywide activities. The inventory includes sources within each sector that are within some degree of jurisdictional control by the City, in accordance with established GHG accounting protocols and State guidance. In 2018, Cupertino’s GHG emissions totaled 346,998 MT CO2e. This represents a 15 percent decrease in emissions compared to 2010 emissions levels (408,176 MT CO2e) and a 14 percent reduction in emissions relative to 1990 emissions levels (402,639 MT CO2e).

As shown in Figure 3 and Table 2, emissions from transportation made up the largest sector contribution to total emissions (220,625 MT CO2e, or 65 percent of total emissions). The second largest source of emissions (91,029 MT CO2e, or 26 percent of total emissions) was building energy use from electricity and natural gas consumption. Energy emissions were split evenly between the residential sector and the commercial/industrial sector. The remaining community emissions were from wastewater management (19,635 MT CO2e, 6 percent of emissions) and solid waste (15,709 MT CO2e, 5 percent of emissions), including the decomposition of solid wastes in the landfill.

Figure 3. Cupertino Greenhouse Gas Emissions by Sector, 2018 On-road
transportation,
60%
Building energy
natural gas, 25%
Wastewater, 6%
Solid waste, 4%
Off-road vehicles
and equipment, 4%
Building energy
electricity, 1%
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32 Table 2 Cupertino 2018 GHG Emissions Inventory Summary Refer to Appendix B for a more detailed discussion related to methodology, modeling, and supporting evidence for the Cupertino 2018 GHG inventory.

GHG Emissions Sector/Source CO2
(MT)
CH4
(MT)
N2O
(MT)
CO2e
(MT)
% of Total
Emissions
Transportation 65%
Passenger On-Road Transportation 130,864 8.2 5.8 132,635 38% Commercial On-Road Transportation 71,440 3.8 9.2 73,972 21% Passenger On-Road - EV adjustment 27 0.0 0.0 27 <1%
Commercial On-Road - EV adjustment 0 0.0 0.0 0 <1%
Off Road - Diesel 6,352 0.2 0.3 6,432 2%
Off Road - Gasoline 4,507 4.5 0.1 4,651 1%
Off Road - Natural Gas (LPG) 2,841 0.5 0.2 2,908 1%
Residential 13%
Residential Electricity - PG&E 253 0.04 0.00 256 <1%
Residential Electricity - SVCE 186 0.00 0.00 186 <1%
Residential Electricity - Direct Access 5 0.00 0.00 5 <1% Residential Natural Gas 43,428 N/A N/A 43,428 13%
Natural Gas Fugitive - Residential 1 50.7 N/A 1,420 <1% Commercial/Industrial 13%
Commercial/Industrial Electricity –PG&E 0 0.0 0.0 287 <1% Commercial/Industrial Electricity – SVCE 215 0.0 0.0 215 <1% Commercial/Industrial Electricity – Direct
Access (Other) 3,544 0.4 0.0 3,564 1%
Commercial/Industrial Electricity – EV
adjustment 0 0.0 0.0 0 0%
Commercial/Industrial Natural Gas – PG&E 39,957 N/A N/A 39,957 12% Natural Gas Fugitive - Commercial 0.7 61.05 N/A 1,710 <1% Wastewater 6%
Wastewater Treatment and Discharge N/A 695.0 0.7 19,635 6% Solid Waste 5%
Solid Waste Generated/Disposal N/A 561.1 N/A 15,709 5%
N/A = not applicable; CO2 = carbon dioxide; CH4 = methane; N2O = nitrous oxide; CO2e = carbon dioxide equivalent; PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; kWh = kilowatt-hour; EV = electric vehicle
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4.2 Cupertino GHG Emissions Forecasts
GHG forecasts provide an estimate of Cupertino’s GHG emissions in the future, based primarily on projected population and job growth in the City. Forecasting helps to track trends and progress for the City and allows the City to see how much it needs to reduce emissions in order to meet its future GHG emissions reduction targets. GHG emissions forecasts for Cupertino were developed using the 2018 inventory for 2023, 2026, 2030, 2035, 2040 and 2045.

The City developed two forecasts to contextualize how emissions will change and better understand the reduction actions that Cupertino must take. The first forecast is a businessas-usual (BAU) forecast, and the second is an adjusted forecast that accounts for GHG reduction policies and programs.

Business as Usual Forecast
The BAU forecast assumes that per capita emissions remain constant. Under this assumption, population and job growth are the main drivers for GHG generating activities.

The BAU forecast provides a basis of comparison by assuming there are no changes to technology, behaviors, or legislation, and population and job growth trends continue as projected. However, several state regulations (e.g., SB 1, SB 100, AB 1493) have been enacted that will reduce future local emissions. This means that another forecast that incorporates these effects into emissions projections is also needed.

Data and Methods
The BAU GHG emissions projections were calculated based on guidance from the Association of Environmental Professionals 2012 whitepaper Forecasting Communitywide GHG Emissions and Setting Reduction Targets. To develop a GHG emissions forecast, “growth metrics” (e.g., population, housing, and employment projections) are multiplied by BAU “growth indicators,” which represent a baseline metric developed from the GHG emissions inventory. This process allows the City to convert growth projections into GHG emissions estimates using specific GHG emissions factors, which is assumed to be the same in the future as in the 2018 GHG emissions inventory. The result is a BAU forecast in which GHG emissions change in relation to demographics, with the assumption that GHG emissions rates and activity data will continue in the future as they did in the year of the 2018 GHG emissions inventory. This methodology is used for all GHG emissions sectors and sources included in the 2018 GHG emissions inventory, apart from the off-road emissions sector. To forecast off-road emissions, the OFFROAD2021 off-road emissions database was used to project fuel use since no significant GHG emission reduction legislation is included in the model. Table 3 summarizes the BAU forecast for each forecast year.
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34 Table 3 BAU Emissions Forecast (MT CO2e)
GHG Emissions Source 2023 2026 2030 2035 2040 2045
Transportation 231,509 235,735 240,232 246,486 252,825 258,821 Passenger On-Road
Transportation 136,582 138,100 140,150 144,696 149,390 154,235 Commercial On-Road
Transportation 78,238 79,607 80,687 81,545 82,842 84,176 Residential Electricity - EV Adjust 27 27 27 33 34 34
Commercial/Industrial Electricity
- EV Adj 0 0 0 0 0 0
Off Road – Diesel 7,725 8,630 9,631 10,138 10,372 10,588 Off Road – Gasoline 5,503 5,763 5,965 6,133 6,171 5,963 Off Road - Natural Gas (LPG) 3,434 3,608 3,770 3,941 4,017 3,826 Residential 45,597 45,813 45,869 55,459 56,462 57,482
Residential Electricity - PG&E 258 259 259 313 319 325
Residential Electricity – SVCE 187 188 188 228 232 236
Residential Electricity - Direct
Access 5 6 6 7 7 7
Residential Natural Gas - PG&E 43,717 43,924 43,978 53,173 54,134 55,112 Natural Gas Fugitive – Residential 1,430 1,437 1,438 1,739 1,770 1,802 Commercial/Industrial 52,115 53,655 54,538 54,860 54,753 54,646 Commercial/Industrial Electricity
- PG&E 327 337 342 344 344 343
Commercial/Industrial Electricity
– SVCE 245 252 257 258 258 257
Commercial/Industrial Electricity
– DAO 4,066 4,187 4,256 4,282 4,273 4,265
Commercial/Industrial Electricity
– DAA 0 0 0 0 0 0
Commercial/Industrial Natural
Gas - PG&E 45,583 46,940 47,719 48,003 47,908 47,814
Natural Gas Fugitive –
Commercial 1,894 1,938 1,964 1,973 1,970 1,967
Wastewater 20,767 21,130 21,417 21,645 21,989 22,343
Wastewater Treatment and
Discharge 20,767 21,130 21,417 21,645 21,989 22,343
Solid Waste 16,615 16,906 17,136 17,318 17,593 17,876
Community Generated Solid
Waste 16,615 16,906 17,136 17,318 17,593 17,876
TOTAL 366,604 373,239 379,192 395,768 403,622 411,169
Notes: Values in this table may not add up to totals due to rounding All values are of the unit metric tons of carbon dioxide equivalent (MT CO2e) PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; DAO = Direct Access Other; DAA = Direct Access Apple; kWh = kilowatt-hour.
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Adjusted Forecast
The adjusted forecast adjusts the BAU forecast to account for state-level legislation, policies, and programs that are expected to reduce GHG emissions in California. Because it includes the effects of adopted legislation, the adjusted forecast is considered a more realistic picture of Cupertino’s future emissions. Comparing the BAU and adjusted forecasts can illustrate the scale of GHG emissions reductions in Cupertino that are likely to result from state-level policies and programs.

State-Level Policies Included in the Adjusted Forecast
There are several state-level regulations and policies that have been enacted and are expected to reduce Cupertino’s future emissions. These pieces of legislation are incorporated into the adjusted forecast to provide a more accurate depiction of Cupertino’s future emissions. The relevant policies and programs are as follows:

Advanced Clean Cars Program: A comprehensive car emissions control program which regulates smog, soot-causing pollutants, and GHG emissions into a single coordinated package of requirements.

Title 24 Building Energy Efficiency Standards: Building standards that regulate new residential and commercial development in California by requiring increased efficiency related to space heating and cooling, lighting, and water heating.

California Renewable Portfolio Standard (RPS): Requires investor-owned utilities, publicly owned utilities, electric service providers, and community choice aggregators to increase procurement from renewable energy resources.

See Appendix A for more information on these and a suite of other programs and policies that are intended to reduce emissions, including SB 1383 and AB 341.

Table 4 Adjusted Forecast (MT CO2e)
GHG Emissions Source 2023 2026 2030 2035 2040 2045
Transportation 213,921 205,470 194,328 182,901 177,328 175,971 Passenger On-Road Transportation 123,196 117,032 110,724 108,381 108,764 110,886 Commercial On-Road Transportation 74,016 70,368 64,102 54,122 47,877 44,709 Residential Electricity - EV Adjust 44 50 52 38 20 0
Commercial/Industrial Electricity - EV Adj 3 20 84 148 107 0 Off Road - Diesel 7,725 8,630 9,631 10,138 10,372 10,588 Off Road - Gasoline 5,503 5,763 5,965 6,133 6,171 5,963 Off Road - Natural Gas (LPG) 3,434 3,608 3,770 3,941 4,017 3,826 Residential 45,527 45,724 45,757 54,499 55,975 56,844
Residential Electricity - PG&E 218 198 170 124 69 0
Residential Electricity - SVCE 179 177 172 126 70 0
Residential Electricity - Direct Access 4 4 3 2 1 0
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36 Figure 4. Baseline Emissions Compared to Forecast Scenarios 2018 Baseline Inventory
Business-as-usual Forecast
Adjusted Forecast
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
2015 2025 2035 2045
Emissions (MT CO2e)
GHG Emissions Source 2023 2026 2030 2035 2040 2045
Residential Natural Gas - PG&E 43,697 43,909 43,974 52,529 54,066 55,044 Natural Gas Fugitive - Residential 1,429 1,436 1,438 1,718 1,768 1,800 Commercial/Industrial 51,305 52,365 52,609 51,939 50,858 49,781 Commercial/Industrial Electricity - PG&E 277 258 224 151 75 0 Commercial/Industrial Electricity - SVCE 236 237 234 157 78 0 Commercial/Industrial Electricity - DAO 3,314 2,990 2,468 1,655 826 0 Commercial/Industrial Electricity - DAA 0 0 0 0 0 0
Non-Residential Natural Gas - PG&E 45,583 46,940 47,719 48,003 47,908 47,814 Non-Residential Biofuel – Apple Park 0 0 0 0 0 0
Natural Gas Fugitive - Commercial 1,894 1,938 1,964 1,973 1,970 1,967 Wastewater 20,767 21,130 21,417 21,645 21,989 22,343
Wastewater Treatment and Discharge 20,767 21,130 21,417 21,645 21,989 22,343 Solid Waste 16,615 16,906 17,136 17,318 17,593 17,876
Community Generated Solid Waste 16,615 16,906 17,136 17,318 17,593 17,876 TOTAL 348,136 341,595 331,247 328,301 323,743 322,815
Notes: Values in this table may not add up to totals due to rounding All values are of the unit metric tons of carbon dioxide equivalent (MT CO2e) PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; DAO = Direct Access Other; DAA = Direct Access Apple; kWh = kilowatt-hour.
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Comparing Forecast Scenarios
The BAU forecast for Cupertino projects an increase in GHG emissions above the 2018 GHG emissions inventory from all GHG emissions sources through 2045 based on projected job and population growth in the city. Cupertino’s BAU GHG emissions are projected to increase to 366,604 MT CO2e in 2023, 373,239 MT CO2e in 2026, 379,192 MT CO2e in 2030, and 403,622 MT CO2e in 2040 (see Figure 4 and Table 4).

The adjusted forecast projects that state legislation will result in GHG emissions reduction from the BAU forecast in both the residential and commercial/industrial sectors. Title 24 is expected to reduce GHG emissions due to reduced electricity and natural gas consumption in new residential housing units. Reduced GHG emissions associated with electricity generation due to the California RPS is expected to further reduce GHG emissions in the residential and the commercial/industrial sector. Cupertino’s adjusted GHG emissions are projected to be 348,136 MT CO2e in 2023, 341,595 MT CO2e in 2026, 331,247 MT CO2e in 2030, and 323,743 MT CO2e in 2040 (see Figure 2 and Table 4).

Refer to Appendix B for a more detailed discussion related to methodology modeling, and supportive evidence for Cupertino’s GHG forecasts.
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38 5 Fair Share of GHG Emissions Reductions

5.1 International Context
Climate action at the local level is informed by science and policy targets at the international level. Bodies such as the United Nations Intergovernmental Panel on Climate Change (IPCC) perform scientific review and create policy recommendations. International treaties such as the Paris Agreement (2016) are legally binding treaties which cover nearly every nation on earth. The goal of carbon neutrality by 2040 is consistent with IPCC findings and research-based targets for avoiding the most serious climate change impacts. The Paris Agreement’s central aim is to limit global temperature rise to 1.5 degrees Celsius above preindustrial levels. The IPCC has found that to limit global warming to 1.5 degrees Celsius above pre-industrial levels and reduce the likelihood of catastrophic global climate change, the world must reach carbon neutrality by mid-century (~2050) and stabilize atmospheric concentrations at 350 parts per million (or less).

The State of California also aligns state-wide targets with these international frameworks.

According to the California Air Resources Board (CARB), reducing the State’s emissions to 80 percent below 1990 levels by 2050 would be consistent with the IPCC’s analysis of the global emissions trajectory needed to achieve these goals.34 The Paris Agreement establishes a global goal of enhancing adaptive capacity and requires all parties to determine national 34 CARB. 2014. “First Update to the Climate Change Scoping Plan”. Available:
https://ww2.arb.ca.gov/our-work/programs/ab-32-climate-change-scoping-plan/2013-scoping-plandocuments . Accessed February 2022. 164
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contributions to the collective climate effort, and to regularly report emissions and progress on implementation efforts. These efforts are mirrored through Cupertino’s work to increase resilience, achieve carbon neutrality, regularly inventory emissions, report progress towards targets, and ultimately to contribute a fair share towards limiting global temperature rise.

Cupertino targets associated with the CAP 2.0 are consistent with both the state and IPCC science-based targets related to GHG emissions reduction. See Section 5.3 for Cupertino targets.

Cupertino is a city with global connections and a richly diverse population. More than 40 percent of residents were born outside of the United States, and many are first-generation Americans. This diversity fuels the creativity, innovation, and success of Cupertino. The global influence of the community goes both ways, with many of the products designed in Cupertino businesses being distributed around the world. To further celebrate and develop the international nature of the community, Cupertino partners with communities in other countries through Sister City and Friendship City relationships.

Cupertino has four established Sister City relationships:
 Copertino, Italy, formalized in 1963
 Toyokawa, Japan, formalized in 1978
 Hsinchu, Taiwan, formalized in 2007
 Bhubaneswar, India, formalized in 2012

5.2 State Context and Timeline/Emissions Targets
Over the last ten years California has adopted extensive legislation, policies, and programs to reduce GHG emissions across California, establishing itself as a global leader in climate change action. The primary legislation enumerating the state’s climate goals and driving climate action at the state level are Assembly Bill (AB) 32, Senate Bill (SB) 32, and Executive Order (EO) B-55-18. Together these regulations set statewide GHG reduction targets for 2020, 2030, and 2045 and chart a path towards a carbon neutral California, as explained below. See Appendix A for a full list of relevant state-level legislation.

Assembly Bill 32: Codified the statewide goal of reducing GHG emissions to 1990 levels by 2020 and requires the California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main strategies the state will employ to meet the 2020 target.

Senate Bill 32: This successor legislation to AB 32 requires California to achieve a statewide reduction in GHG emissions of 40 percent below 1990 levels by 2030. The SB 32 Scoping Plan was adopted in 2017.

Executive Order B-55-18: Established a new statewide goal of achieving and maintaining carbon neutrality as soon as possible, and no later than 2045. Executive orders have not been codified by the state but are binding for state agencies. 165
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40 5.3 Cupertino Context and Timeline/Emissions Targets Emissions Gap Analysis to Set Targets
The difference between Cupertino’s climate action targets and the adjusted forecast for emissions can be thought of as an “emissions reduction gap,” or the amount of emissions reduction that the City and wider Cupertino community must achieve. After analyzing Cupertino’s baseline inventory and forecast scenarios, emission targets were set to create quantitative milestones for the community’s path to carbon neutrality and measure Cupertino’s progress.

Figure 5. Emissions Reduction Gap Between Forecasted Emissions and State Targets Cupertino GHG Emissions Targets
CARB’s 2017 Scoping Plan recommends that local agencies establish communitywide GHG reduction goals for local climate action plans that will help California achieve its 2030 target and longer-term goal. The scoping plan notes that it is appropriate to derive evidence-based targets or goals from local emissions sectors and population projections if this process is consistent with the framework used to develop the Statewide targets. CARB also notes that GHG goals and targets should show a downward trend consistent with the statewide objectives.35 The GHG emissions reductions associated with the measures in the CAP 2.0 are sufficient to exceed the state-level target established by Senate Bill (SB) 32 and meet the City’s 2030 climate action target. The CAP 2.0 also makes substantial progress towards the 35 California Air Resources Board (CARB). “California’s 2017 Climate Change Scoping Plan”. Available:
https://ww2.arb.ca.gov/sites/default/files/classic//cc/scopingplan/scoping_plan_2017.pdf . Accessed February 2022.

Business-as-usual
Forecast
Adjusted Forecast
- State Target Pathway
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
2015 2020 2025 2030 2035 2040 2045
Emissions (MT CO2e)
Emissions
reduction
gap
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City’s 2040 target, which exceeds the state-level target established by executive order (EO) B-55-18.

The Cupertino climate action targets are more aggressive than the state-level goals to reduce GHG emissions 40 percent below 1990 levels by 2030 (in compliance with SB 32) and to carbon neutrality by 2045 (in compliance with EO B-55-18). Cupertino’s climate action targets are to:
 Reduce the community’s per capita GHG emissions to 3.39 MT CO2e per person by 2030, which equals a 50 percent reduction from 2010 per capita levels, or a 66 percent reduction from 1990 per capita levels by 2030.36
 Based on projected population growth through 2030, this is equivalent to reducing the community’s mass emissions to 222,867 MT CO2e by 2030, or 45 percent below the community’s 1990 GHG emissions.
 Achieve net-zero MT CO2e per person, or carbon neutrality, by 2040. Maintain carbon neutrality through 2045 and beyond.

The City uses per capita emission targets to align with guidance from CARB’s 2017 Scoping Plan Update. Making substantial progress toward California’s 2030 and longer-term 2045 goals is important, as these targets have been set at levels that achieve California’s fair share of international emissions reductions. Established by the Paris Agreement and the International Panel on Climate Change (IPCC), California’s fair share of international emissions reductions are consistent with an emissions level expected to stabilize global climate change effects and avoid the worst environmental consequences.

Cupertino’s emissions targets are further summarized and compared to the BAU and adjusted emissions forecasts in the tables below, beginning from the 2018 baseline year through 2045. The emissions “gap,” the difference between the adjusted emissions forecast and Cupertino’s GHG emissions targets, is shown for each year in the final row of both Table 5 and Table 6.

Table 5 Mass-based GHG Reduction Target Pathway (MT CO2e) 36 This is equivalent to the City Council recommended target of 54% below 2010 levels by 2030.

GHG Emissions Pathways 2018 2023 2026 2030 2035 2040 2045 BAU Forecast 346,998 366,604 373,239 379,192 395,768 403,622 411,169 Adjusted Forecast 346,998 348,136 341,595 331,247 328,301 323,743 322,815 Cupertino Emissions
Targets
346,998 295,543 265,064 222,867 112,918 0 0
Emissions “Gap” 0 52,593 76,530 108,380 215,384 323,743 322,815 167
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42 Table 6 Per Capita GHG Reduction Target Pathway (MT CO2e/person) Meeting the GHG Emissions Targets
Though there will be some emissions reductions from state regulations, Cupertino must implement local GHG reduction measures to meet the 2030 emissions targets and make substantial progress towards the 2040 emissions targets. Cupertino would be required to reduce 108,380 MT CO2e by 2030, and 323,743 MT CO2e by 2040 to meet the chosen targets that exceed state goals. Table 6 also shows the remaining per capita reductions needed to meet the GHG emissions goals in MT CO2e per person.

Targeted emissions reductions will be accomplished through local policies and programs developed from best practices of similar and neighboring jurisdictions. These activities are referred to as “measures” and “actions” and they should be clear, attainable, measurable, equitable, and cost-effective to help achieve the desired emission reductions.

Additional discussion and details are provided regarding measures and actions in Chapters 7 through 12. Table 7 shows the Cupertino climate action target emissions and the emissions reductions expected from implementing the measures and actions described in subsequent chapters. The table also shows that Cupertino will meet the 2030 GHG reduction target and make substantial progress towards the 2040 goal of carbon neutrality. Figure 6 shows how Cupertino measures would result in GHG reductions in line with the Cupertino targets.

GHG Emissions Pathways 2018 2023 2026 2030 2035 2040 2045 BAU Forecast 5.46 5.71 5.75 5.77 5.95 5.91 5.87
Adjusted Forecast 5.46 5.42 5.26 5.04 4.93 4.74 4.61
Cupertino Emissions
Targets

5.46 4.60 4.08 3.39 1.70 0.00 0.00
Emissions “Gap” 0.00 0.82 1.18 1.65 3.24 4.74 4.61
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Table 7 Targets Versus GHG Reductions
Target/Forecast 2030 GHG Emissions
(MT CO2e/person)
2040 GHG Emissions
(MT CO2e/person)
Business-as-usual Forecast 5.77 5.91
Adjusted Forecast 5.04 4.74
Cupertino Climate Action Targets 3.39 0.00
GHG Reductions from Full Implementation of CAP Update
Measures 1.66 3.77
GHG Emissions after Measure Reductions
(Adjusted Forecast – GHG Emissions Reductions) 3.39 0.97 Target Anticipated to be Met? Yes
No; however,
substantial progress
demonstrated
Figure 6. Baseline Emissions per Capita Compared to Forecast Scenarios and Target Pathway to Carbon Neutrality
2018 Baseline Inventory
Business-as-usual Forecast
Adjusted Forecast
Target Pathway

5.48 MT CO2e per
capita

3.39 MT CO2e per
capita
CAP 2.0 Plan
0 1
2 3
4 5
6 2015 2020 2025 2030 2035 2040 2045
Emissions (MT CO2e per capita)
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44 6 Community Voices

6.1 One Climate
We only have one planet, and one climate, that we all share. The impacts of climate change are already being felt across California, and as discussed in the climate science section of this report, the actions that communities take now can make a difference in the stability and functioning of our one climate and it’s impacts on human wellbeing. To have a positive impact, communities must step up to take actions that reduce GHG emissions now and into the future. It is important for the community of Cupertino to do its fair share in this effort.

This requires the community to work together to undertake the activities and projects that will reduce the community’s contribution to climate change and that can help lead the way for other communities by demonstrating effective leadership, innovative thinking, and a commitment to addressing the climate crisis now. This effort will require wide participation, and will benefit from diverse perspectives, expertise, and experiences. 170
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As directed by the City Council in a vision-setting study session (December 2020), the CAP

2.0 project team made extensive efforts to communicate with and obtain input from a range of community members. This approach to the CAP 2.0, the City’s engagement efforts, and contributions from community groups and stakeholders are detailed in the following sections.

As part of this CAP Update process, the City utilized a multi-pronged approach engagement strategy to engage with Cupertino residents, businesses, organizations, and stakeholders. Key engagement objectives include:

Gather community perspectives and feedback that are representative of the diverse communities of Cupertino to inform CAP development and guide decision-making.

Create a framework for community action that clearly outlines how Cupertino residents and businesses can achieve CAP goals and take ownership in action implementation.

Educate, empower, and energize the Cupertino community to cultivate a shared understanding around climate change and inspire action.

Strengthen community relationships with the City to facilitate and coordinate CAP implementation and other priorities and activities.

As defined for the purpose of this CAP Update, equity consists of the effort to create equitable economic and physical access to municipal services and public amenities, promote economic prosperity for all the City’s residents, protect the most vulnerable against the impacts of climate change, and improve the quality of life for all members of the community by fostering an inclusive and collaborative civic process.

To do this, the City employed multiple engagement approaches, including:
 Public workshops
 Stakeholder meetings
 Climate Action Plan Update Subcommittee meetings
 Surveys
 Pop-up events
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How Equity was Centered in Cupertino’s CAP Update Engagement Strategy Equity and inclusion were central to the engagement strategy for this CAP Update. The City recognizes that some community groups – such as low-income households, people who speak limited English, elders, historically underserved communities, and people with functional access needs – may experience disproportionate burden from climate change impacts, and also may have fewer resources and ability to adapt to changes. The project team was mindful of these parts of the community as the CAP 2.0 was under development.

The project team used the following approaches to ensure that public engagement was inclusive and equitable:
 Translation of materials and public surveys for Chinese-speakers in Cupertino.  Stakeholder meetings to hear from certain groups, such as low-income households.  Stipends for community participants, if requested, to compensate people for their time and contributions.

City Council Study Session, December 2020
Activate and celebrate the multiracial
character of Cupertino. Take every effort to
include traditionally under-represented
voices and those who might be displaced
by climate hazards in the planning and
selection of strategies, as well as business,
faith groups, neighborhoods, and schools.

Create a plan that reflects the diversity of
the city and sets us on a path towards a
more welcoming and inclusive Cupertino.
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48 City of Cupertino

6.2 Engagement Events & Feedback Summary
Table 8 below shows the key engagement events in chronological order and community input that was considered during the development of the CAP 2.0. Public input will continue to be received throughout the public draft comment period. More details of the public engagement process are available in Appendix C.

Table 8 CAP Update Engagement Summary
Engagement
Event Date of Event Objectives
Subcommittee
Meeting #1
July 1st, 2021 • Present our engagement approach.
• Identify initial vision and priorities for the CAP.
• Review the outreach toolkit and give feedback to
staff on the best way to roll out the toolkit in the
community.

Stakeholder
Meeting #1
July 1st, 2021 • Build early awareness of the CAP process. • Gather high-level ideas, priorities, and concerns.
• Build relationships with key stakeholder groups.

Public Survey
#1
July 23rd -
September
19th, 2021
• Assess awareness of climate change knowledge.
• Identify community climate change priorities.
• Identify community-supported climate change
strategies.
• Identify potential community barriers for
implementing climate change strategies.

Public
Workshop #1
July 29th, 2021 • Build early awareness of the CAP goals and process among the general public.
• Gather high-level priorities, and concerns about
climate action in Cupertino.
• Gather initial ideas for potential actions to include in the CAP.

Subcommittee
Meeting #2
August 19th,
2021
• Review draft CAP targets
• Brainstorm high impact strategies and actions to
achieve draft CAP targets
• Review upcoming public engagement and options
for outreach activities
Stakeholder
Meeting #2 –
Housing
Advocates
September
30th, 2021
• Build early awareness of the CAP process.
• Gather high-level ideas, priorities, and concerns.
• Build relationships with key stakeholder groups.
• Focus on advocates for affordable and low-income
housing.
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Engagement
Event Date of Event Objectives
Public
Workshop #2
October 11th,
2021
• Provide updates about the Cupertino CAP’s
emission forecasts and GHG reduction targets.
• Present the draft mitigation measures.
• Gather feedback about the draft mitigation
measures.

Public Survey
#2
September
30th - October
25th, 2021
• Assess level of support for various focus areas’
Mitigation Measures as a whole.
• Assess level of support for key mitigation measures
within each focus area.

Stakeholder
Meeting #3
May 3, 2022 • Review the draft Climate Action Plan and its associated mitigation measures and actions.
• Gather ideas, priorities, and concerns on the
proposed mitigation measures and actions.

Public Survey
#3
May 17, 2022 -
July 23, 2021
• Public review of the draft CAP document and to
provide input.
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50 7 A Different Kind of Plan

7.1 Regional Climate Efforts, Solutions, and Partnerships Compact of Mayors: The Compact of Mayors is a global coalition of mayors and city officials committed to reducing local GHG emissions, enhancing city resilience to climate change and transparently tracking their progress towards these aims. These networks work to support their members in decreasing city-level emissions, reducing vulnerability and to enhancing resilience to climate change, in a manner that is consistent and complimentary with national level climate actions and efforts. Cupertino committed to the Global Covenant of Mayors in 2015 and remains dedicated to making strides towards clean energy and carbon neutrality.

County Climate Roadmap 2030: Santa Clara County is currently developing the Climate Roadmap 2030 which will outline actions the County and partners will take to reduce GHG emissions. The Roadmap will serve to align existing efforts to reduce GHG emissions among cities that have already adopted CAPs, prioritize actions in unincorporated areas of the County, and help leverage and facilitate regional partnerships to further encourage sustainable and resilient communities. The County aims to use the Roadmap as a tool to increase coordination and collaboration in efforts to reach shared sustainability goals.

The Roadmap will include the following:
 A countywide GHG emissions inventory and forecast
 An online interactive map tool that will provide a comprehensive overview of the cities, organizations, institutions, and companies working on climate action in Santa Clara County
 Community and partner input
 An implementation roadmap
Silicon Valley Clean Energy (SVCE): SVCE is the community-owned electricity provider for several south bay cities including Cupertino. SVCE developed its Decarbonization Strategy & Programs Roadmap with extensive community input to help guide community electrification, which entails switching from relying on fossil fuel use in homes, buildings, and transportation to electricity from renewable sources. By 2030, Silicon Valley Clean Energy programs aim to cut energy-related pollution in half from the 2015 baseline. That equates to preventing 2 million MT CO2e from being released into the environment each year.

Santa Clara Valley Transportation Authority (VTA): The VTA’s Sustainability Program seeks to conserve of natural resources, reduce GHG emissions, prevent pollution, and increase the use of renewable energy and materials. VTA is a founding signatory of the American Public Transportation Association’s (APTA) Sustainability Commitment and achieved Gold Level Recognition for its sustainability efforts. VTA's Sustainability Plan 2020 176
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identified both short-term and stretch targets for key climate and environmental performance indicators including: GHG emissions, criteria air pollutants, building energy, fleet energy, water usage, and waste diversion. In 2021, VTA was selected as a recipient of the Fiscal Year 2021-2022 Sustainable Communities Grant Program, receiving a total award of approximately $1 million under the Sustainable Communities Competitive Grant category. The funding will support VTA in conducting a Climate Action and Adaptation Plan (CAAP). In developing the CAAP, VTA will identify specific actions that could minimize contributions to climate change and adapt and build resilience to long-term climate impacts. The CAAP process will begin in 2023.

7.2 Ambitious Timeline
The Cupertino GHG emission targets are more aggressive than the State goals to reduce GHG emissions 40 percent below 1990 levels by 2030 (in compliance with SB 32) and to achieve Statewide carbon neutrality by 2045 (in compliance with EO B-55-18). Specifically, Cupertino GHG emissions targets are 3.39 MT CO2e per person by 2030 and 0.00 MT CO2e per person by 2040.

The City of Cupertino has established three phases for implementation:
 Phase 1 actions will begin implementation at CAP adoption (2022) or before. These actions have been prioritized due to their importance, cost-effectiveness, or the availability of resources for implementation. Phase 1 actions may not be completed in 2022 but will be completed by the end of Phase 2.
 Phase 2 actions will begin implementation between 2023 and 2026. These actions may require additional resources such as staff time, funding and financing, or there may need to be additional education and outreach conducted prior to implementation.  Phase 3 actions will begin implementation after 2026. These actions may be less critical in the short term or simply require more significant resources to implement.

7.3 Reduction Strategy Framework
As part of the CAP Update process, the City of Cupertino has developed a comprehensive set of measures and actions for reducing communitywide GHG emissions in all sectors to achieve the City’s climate action targets. The City has also developed a set of measures and actions for offsetting GHG emissions through carbon sequestration, established under a new sector called Carbon Sequestration. Measures and actions are organized according to the following hierarchy:

1. Sectors: Sectors define the GHG emissions category in which the GHG reductions will occur and include Building Energy, Transportation, Waste, Water and Wastewater, and Carbon Sequestration.

2. Measures: Measures identify specific goals and GHG reduction necessary to address GHG emissions in each sector and achieve the overarching GHG reduction targets. 177
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52 3. Actions: Actions are the specific steps the City will take in support of each measure, which together will accomplish the measure goal. Actions concretely identify the mechanisms required for implementation. Actions are developed to ensure that each of the key pillars, or categories of action, are met.

Each action contains a rough-order-of-magnitude cost range for the City to consider when organizing its implementation plan. These cost ranges provide a way to evaluate relative costs from among the different actions. The cost ranges are as follows:

Low: $0 - $40,000
Low-Medium: $40,001 - $100,000
Medium: $100,001 - $1,000,000
High: $1,000,001 - $2,000,000
Measures and actions can be either quantitative or supportive, depending on whether they directly result in GHG emissions reductions or support direct reductions.  Quantitative: Quantitative measures and actions result in GHG emissions reductions that can be quantified and summed to show how Cupertino will make progress towards and meet its climate action targets. The emissions reductions expected from implementation of these measures and actions are supported by substantial research that establishes their effectiveness for achieving Cupertino’s GHG emissions reduction targets.
 Supportive: Supportive measures and actions are critical to the overall success of the CAP and provide support so that the quantitative measures and actions will be successfully implemented. Though these measures and actions may also be quantifiable and have substantial evidence to support their overall contribution to GHG reduction, they are not quantified for one of several factors – including a low GHG reduction benefit, indirect GHG reductions, or potential for double-counting – and do not contribute directly to the expected GHG reduction targets. 178
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7.4 Key Pillars of Climate Action
Community-focused climate action often requires community-level behavioral changes and buy-in to be implementable and successful. This means that many factors aside from GHG emissions reductions need to be considered and balanced. To ensure the CAP actually achieves the City’s ambitious targets, the actions supporting each measure were developed to be consistent with a set of key pillars. Each key pillar emphasizes specific criteria that play an essential role in the implementation of climate action. The key pillars are:
 Structural Change: Includes ordinances, requirements, new programs, pilot programs, or other policy that provides some guarantee of behavior change going forward.

Structural change actions are usually quantitative actions and provide the GHG emissions reduction mechanism for the associated measure to be effective.  Studies & Plans: Includes feasibility studies, City-led plans, or other investigative or strategy documents that help the City develop a strategy for measure or action implementation, especially for measures or actions that are more controversial or complicated.
 Funding: Includes funding, financing, and other capital avenues for ensuring that the associated measure’s costs are supported.
 Equity: Includes actions to mitigate for potential equity impacts of other actions, such as re-investment into underserved communities, or policies and programs to protect against an increased potential for displacement or increased cost burdens in the community.
 Engagement: Includes outreach, education, and engagement campaigns to incentivize community participation in the CAP and the new programs, policies, and incentives that have the potential to move the needle on GHG reductions.  Partnerships: Includes actions that focus on partnerships with community-based organizations, other public agencies, and private-sector partners to create new programs the City cannot achieve alone.

Some communities will have fewer resources to respond to and recover from climate impacts because of economic, health, environmental, and other inequities.37 The CAP seeks to protect vulnerable communities by increasing access to resources and ensuring that its actions do not contribute to inequities or cost burdens. As part of the implementation of this CAP 2.0, the City will continue to identify vulnerable communities and adjust its policies to ensure that all of Cupertino's diverse and multicultural population have access to the same opportunities and resources.
37 Governor’s Office of Planning and Research. 2017. Executive Order B-30-15 Resiliency Guidebook:

Vulnerable Communities. Available: https://opr.ca.gov/docs/20180312- Vulnerable_Communities_Descriptions.pdf Accessed March 2022. 179
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54 7.5 Co-Benefits of GHG Reduction Measures
Climate action measures will also produce numerous co-benefits in addition to GHG emissions reductions. Co-benefits refer to the positive impacts that a climate action policy will have on other community goals. The co-benefits associated with this CAP Update’s actions include:

Enhanced Public Health & Safety
 Cleaner air leads to fewer respiratory illnesses
 More active, accessible, and livable neighborhoods
 Natural gas is responsible for increased levels of nitrogen oxide emissions in homes and other buildings – several times higher than outdoor air quality standards – and is disproportionately linked with respiratory illness, including asthma.38 Natural gas is also getting more expensive. Without a transition plan, the bill for running a gas furnace could increase 500 percent by 2050, due to increasing natural gas infrastructure costs coupled with a declining demand for fuel as appliances become more energy efficient.39 Climate Change Resilience
 Increased ability of residents and businesses to adapt and reduce the impact of hazards such as extreme heat days and to recover quickly from hazards when unavoidable.  Planting trees for carbon sequestration and increasing tree canopy cover can help keep streets and neighborhoods cooler.40 Actions can also enhance community cohesion—the 38 National Asthma Council Australia: Fact Sheets.“Gas Stoves and Asthma in Children”. Available:
https://www.nationalasthma.org.au/living-with-asthma/resources/patients-carers/factsheets/gasstoves-and-asthma-in-children Accessed January 2022. 39 GridWorks. “California’s Gas System in Transition”. 2019. Available: https://gridworks.org/wpcontent/uploads/2019/09/GW_Calif-Gas-System-report-1.pdf Accessed January 2022. 40 Popular Science. “Here’s How Many Trees Are Required to Cool a City Street”. 2019. https://www.popsci.com/shade-city-streets-trees-cooling/ Accessed January 2022. 180
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networks of formal and informal relationships among neighbors that foster a mutually supporting human environment.41,42
Biodiversity & Ecosystem Services
 More healthy, biodiverse, and functional ecosystems.
 Actions that improve the health of local ecosystems can also result in a variety of public benefits including reducing pollutants in local creeks and runoff to the bay, providing species habitat which supports a more biodiverse landscape, improving water and air quality, reducing local flood risk, and providing recreation benefits for the community enjoyment.

Affordable Housing & Local Development
 Through alignment with the California Environmental Quality Act (CEQA), this CAP can help facilitate local development that will enhance human-centered economic corridors and the availability of affordable housing.
 A key co-benefit of a comprehensive and updated CAP is the promotion of thoughtful development that will complement the City’s environmental goals. This is achieved by creating a clear pathway for new development so it can align with Cupertino’s greenhouse gas reduction plan.

Jobs Creation
 Climate actions that support clean energy adoption and sustainable business practices area core part of supporting the creation of high-quality, well-paid, and inclusive jobs that will in turn support Cupertino’s climate targets and continued economic prosperity.

Cost Savings
 Lower and more stable utility bills for municipal, business, and residential community members
 Efficiencies and waste reduction can result in project and other operations cost-savings 41 University of Washington. “Green Cities: Good Health”. 2013. Available:
https://depts.washington.edu/hhwb/Thm_Community.html. Accessed January 2022; TNC Washington. “Outside Our Doors”. 2016. Available:
https://www.nature.org/content/dam/tnc/nature/en/documents/Outside_Our_Doors_report.pdf .

Accessed January 2021.
42 Newell, et. al., The International Journal of Climate Change: Impacts and Responses. 2018. “Climate Action Co-Benefits and Integrated Community Planning: Uncovering the Synergies and Trade-Offs,” Available: https://doi.org/10.18848/1835-7156/CGP/v10i04/1-23. Accessed January 2022. 181
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56 8 Cleaning the Air
(Renewable Energy and Electrification)

8.1 Context
The focus strategy for the energy sector is electrification coupled with carbon-free electricity. All-electric buildings are powered 100 percent by electricity and when coupled with carbon-free electricity, their operating energy footprint becomes carbon-free.

Renewable Energy
The City of Cupertino’s building energy (BE) measures are dependent on leveraging the renewable energy that Silicon Valley Clean Energy (SVCE) provides the community. Using 100 percent clean electricity from SVCE, instead of natural gas, propane, or other electricity sources, to power buildings reduces the GHG emissions associated with building operations to zero or near-zero. Measure BE-1 directs the City to work with SVCE to lower existing residential and commercial opt-out rates, which increases the GHG reduction potential for SVCE’s renewable electricity.

Electrification
Electrification of new buildings
is a cost-effective and socially
equitable way many cities in
California are reducing GHG
emissions and protecting public
health. All-electric buildings can
be more efficient, and can
produce lower energy bills.43
Moreover, it is expected that
natural gas prices will increase
in the future, potentially leaving
building owners that don’t
electrify with the burden of
43 Kenney et al., (California Energy Commission (CEC). “California Building Decarbonization Assessment”. 2021. Available: https://www.energy.ca.gov/publications/2021/california-buildingdecarbonization-assessment Accessed January 2022. 182
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ever-higher natural gas bills.44 Lastly, burning natural gas in poorly ventilated areas can cause a drastic increase of harmful indoor pollutants that are linked to increased risk of respiratory illnesses, so switching to electric appliances is a step towards improving public health.45
While the City has already adopted an electrification reach code for new construction (included in the CAP as Measure BE-4) which requires developers for most building types to provide all-electric systems, GHG emissions from Cupertino’s existing buildings must also be reduced to achieve the City’s climate action targets. Measures BE-2 and BE-3 provide frameworks of updated regulations, programs, funding mechanisms, education, and advocacy to drive electrification of existing residential and commercial buildings.

Measure BE-5 recognizes that removing natural gas entirely will be a long-term and complex challenge. Gas still provides critical services for industry, resiliency, and power supply. Electrification of all types of systems may not be possible with today’s technologies, and retrofitting existing systems demands more technological innovation, systems thinking, and a deep consideration of equity. This CAP provides some guidance on initiatives that can reduce emissions while managing a responsible transition away from fossil fuels.

8.2 Measures and Actions Detail
Measure BE-1: Reduce non-SVCE usage rate to 2 percent for residential and 10 percent for commercial by 2030 and maintain through 2040.

Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure BE-1 are as follows:

Co-Benefits
 Affordable Housing & Local Development
 Cost Savings
GHG Emissions Reductions
 2030: 0.012 MT CO2e/person
 2040: 0.004 MT CO2e/person
Actions to support Measure BE-2 are included in Table 9. 44 Aas et. al., CEC. “The Challenge of Retail Gas in California’s Low-Carbon Future - Technology Options, Customer Costs, and Public Health Benefits of Reducing Natural Gas Use”. 2020. Available:
https://www.energy.ca.gov/publications/2019/challenge-retail-gas-californias-low-carbon-futuretechnology-options-customer Accessed February 2022. 45 RMI. “Gas Stoves: Health and Air Quality Impacts and Solutions.” 2020. Available:
https://rmi.org/insight/gas-stoves-pollution-health/ Accessed February 2022. 183
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58 Table 9 Measure BE-1 Actions
Action
ID Action Description
BE 1.1 Work with SVCE to conduct an annual analysis of non-SVCE and direct access usage rates in the City of Cupertino to understand how many and why residents and businesses opt out of SVCE or use direct access electricity.

Key Pillar: Studies & Plans
City Partners: SVCE
Timing: Phase 2
Cost: Low
BE 1.2 Investigate feasibility of adopting an energy benchmarking program in Cupertino. Evaluate similar programs and determine how energy data would be reported and reviewed, if standards could be set to require energy efficiency improvements, and how much staff time would be required to maintain the program.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low
BE 1.3 Establish an energy benchmarking program in Cupertino that requires large commercial entities (over 10,000 square feet) to report their energy usage and energy procurement details.

Key Pillar: Structural Change
City Partners: Medium and large commercial entities
Timing: Phase 3
Cost: Low-Medium
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BE 1.4 Develop a program to provide SVCE green energy for rental units and households in the Below Market Rate (BMR) rental and ownership programs.

Key Pillar: Equity
City Partners: City’s BMR housing administrator, SVCE
Timing: Phase 2
Cost: Medium
BE 1.5 Develop a local education program detailing and promoting the benefits of opting in to SVCE service.

Key Pillar: Engagement
Timing: Phase 1
Cost: Low
BE 1.6 Partner with local community organizations that focus on climate and other social causes to promote the cost efficiency and benefits of SCVE. Solicit applications from among the community to take part in SVCE's Innovation Onramp and other grant funding programs.

Key Pillar: Partnerships
Timing: Phase 1
Cost: Low
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60 Measure BE-2: Electrify existing residential buildings to reduce annual residential natural gas usage from 129 therms per person in 2018 to at most 71 therms per person in 2030 and 16 therms per person in 2040 Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure BE-2 are as follows:

Co-Benefits
• Enhanced Public Health & Safety
• Affordable Housing & Local Development
• Jobs Creation
• Cost Savings
GHG Emissions Reductions
2030: 0.290 MT CO2e/person
2040: 0.566 MT CO2e/person
Actions to support Measure BE-2 are included in Table 10. 186
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Table 10 Measure BE-2 Actions
Action
ID
Action Description
BE 2.1 Develop a residential building electrification strategy (RBES) to aid in development of a residential building electrification ordinance which:

1. Include a detailed existing building analysis to understand current natural gas end uses and scenarios to electrify

2. Include an electrification costs analysis that explores the up-front costs of electrification as well as ongoing energy costs for the end user (homeowners, landlords, and renters) after electrification

3. Evaluates impacts to renters, renter/landlord dynamics

4. Identifies potential impacts to electrical grid resiliency

5. Identifies and develops protections against potential equity concerns/impacts of electrification

6. Identifies funding and financing opportunities for residential electrification

7. Identify the City staff resources needed to enforce a new electrification ordinance
Key Pillar: Studies & Plans
City Partners: SVCE
Timing: Phase 1
Cost: Low-Medium
BE 2.2 Identify and partner with local community-based organizations with connections to low-income and fixed income people, historically underserved communities, elders, disabled individuals with access needs to assist in development of the RBES.

Key Pillar: Equity
City Partners: Community organizations
Timing: Phase 1
Cost: Low
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62 BE 2.3 Conduct engagement efforts for the public and targeted to low-income and fixed income people, historically underserved communities, elders, disabled individuals with access needs during development of the RBES to understand the community's concerns around electrification.

Key Pillar: Engagement
Timing: Phase 1
Cost: Low
BE 2.4 Adopt an electrification ordinance for existing residential buildings by 2023 to be implemented through the building permit process which bans expansion of natural gas infrastructure and requires either electrification of appliances or a disconnect from the gas system at time of replacement and major renovation.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low-Medium
BE 2.5 Define equity metrics for ordinance enforcement based on feedback from low-income and fixed income people, historically underserved communities, elders, disabled individuals with access needs. Equity metrics should be designed to prevent displacement and ensure that end-user energy costs for low-income populations will not be greater after electrification than before.

Design compliance support programs such as technical assistance to help permit applicants with compliance.

Key Pillar: Equity
Timing: Phase 2
Cost: Low
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BE 2.6 Enforce ordinance compliance through a comprehensive permitting compliance program, to be developed based on the results of the feasibility study in Action 1. Structure the program to include, as determined necessary, routine training of staff, dedicating staff time to building inspections, charging fees for noncompliance, providing easy to understand compliance checklists online and with permit applications, and facilitating permitting online. Evaluate the effectiveness of the program on a biannual basis to avoid potential issues such as reduced permit application rates.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Medium
BE 2.7 Actively participate in regional permit streamlining efforts for all-electric building upgrades, EV charging, and battery storage.

Key Pillar: Partnerships
Timing: Phase 2
Cost: Low
BE 2.8 Work with the local contractors, realtors, homeowner associations, and labor unions to develop a comprehensive building code and compliance training program, including hosting workforce development trainings discussing the benefits and technical requirements of electrification. Consider working with regional partners to maintain a database of qualified contractors and consultants for electrification retrofits.

Key Pillar: Engagement
City Partners: Local contractors, realtors, homeowner associations, educational institutions, and labor unions
Timing: Phase 2
Cost: Low
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64 BE 2.9 Commit to electrifying the City's owned Below Market Rate (BMR) rental and housing stock at a neighborhood level by 2040. Establish a plan, budget, and schedule for implementing this action by 2024.

Key Pillar: Equity
City Partners: BMR program administrator, BayREN
Timing: Phase 3
Cost: High
BE 2.10 Create a dedicated fund to support BMR rental and housing upgrades, to be supported by grants using an existing partnership such as the BayREN program. Engage with private and public capital providers to develop funding and program models for consideration.

Key Pillar: Funding
City Partners: BMR program administrator, BayREN, private and public capital providers
Timing: Phase 3
Cost: Medium
BE 2.11 Work with PG&E to identify opportunities for natural gas infrastructure pruning to redirect utility resources to electrification retrofit projects and reduce the chance of stranded assets. Stranded assets are functional natural gas infrastructure with ongoing maintenance costs that has become obsolete due to electrification. Work with PG&E to identify additional funding as needed for the abandonment/removal of the infrastructure. Consider piloting this approach with a group of municipal facilities.

Key Pillar: Partnerships
City Partners: PG&E
Timing: Phase 3
Cost: Low
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BE 2.12 Collaborate with the County and other cities in the region to advocate for regulatory changes at the state and federal level to allow neighborhood level electrification and natural gas pruning. Consider also supporting federal carbon pricing proposals in the City’s legislative platform.

Key Pillar: Partnerships
City Partners: Neighboring jurisdictions
Timing: Phase 3
Cost: Low
BE 2.13 Seek out funding partnerships with financiers and work with partners such as SVCE and BayREN to fund a program specifically for decarbonization retrofits, such as a local turnkey retrofit program that leverages existing funding, which offers low-cost financing of electrification and energy efficiency retrofits for residents and local businesses.

Key Pillar: Funding
City Partners: Public and private capital providers, energy efficiency program administrators
Timing: Phase 2
Cost: Medium
BE 2.14 Develop a program dedicated to understanding, streamlining, and expanding energy and electrification turnkey, rebate, and financing programs (e.g., PACE, CHEEF, and utility-offered incentive programs). Staff would also be responsible for supporting residents with rebate applications, with a focus on low-income residents
Key Pillar: Funding
City Partners: Alternative financing programs such as PACE, CHEEF, and utility incentives
Timing: Phase 2
Cost: Medium
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66 Measure BE-3: Electrify existing commercial buildings to reduce annual commercial natural gas usage from 119 therms per person in 2018 to at most 90 therms per person in 2030 and 54 therms per person in 2040 Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure BE-3 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Jobs Creation
 Cost Savings
GHG Emissions Reductions
 2030: 0.190 MT CO2e/person
 2040: 0.366 MT CO2e/person
Actions to support Measure BE-3 are included in Table 11. 192
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Table 11 Measure BE-3 Actions
Action
ID Action Description
BE 3.1 Inform and facilitate energy master planning work around electrification for commercial business owners and large developers. Build a partnership with and distribute technical support to the business community with the aim of identifying, piloting, and scaling large energy efficiency and electrification projects.

Key Pillar: Studies & Plans
City Partners: Local business associations and engineering firms Timing: Phase 1
Cost: Low
BE 3.2 Develop a commercial building electrification strategy (CBES), building on the existing Baseline Buildings Study from SVCE (2020), with a detailed commercial natural gas usage analysis, analysis of potential impacts to the local commercial sectors, and electrification costs analysis to aid in development of a commercial building electrification ordinance.

Key Pillar: Studies & Plans
City Partners: SVCE
Timing: Phase 2
Cost: Low-Medium
BE 3.3 Conduct engagement efforts for the commercial sector during development of the CBES to understand potential concerns and barriers to commercial electrification. Engage with BAAQMD in the development of the CBES to coordinate on the approach to emergency power and baseload power generation systems which commonly use natural gas.

Key Pillar: Engagement
Timing: Phase 2
Cost: Low
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68 BE 3.4 Conduct outreach to small business and minority-owned businesses to understand potential equity impacts of a commercial building electrification ordinance.

Key Pillar: Equity
City Partners: Cupertino business associations
Timing: Phase 2
Cost: Low
BE 3.5 By 2024, adopt an electrification ordinance for existing commercial buildings to be implemented through the building permit process, which bans expansion of natural gas infrastructure, requires electrification of natural gas appliances at time of major renovation and time of replacement where technologically feasible (exceptions can be made where all-electric alternatives to do not exist or are a significant cost burden, to be further defined based on results of the CBES).

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low-Medium
BE 3.6 Enforce existing buildings electrification ordinance compliance through the same permitting compliance program as for residential building electrification.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Medium
BE 3.7 Conduct engagement efforts for the commercial sector to identify ways the City can support commercial battery storage installations and improve local grid resiliency beyond what will be required in the 2022 California Building Energy Code's commercial battery storage and solar installation requirements.

Key Pillar: Engagement
Timing: Phase 2
Cost: Low
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BE 3.8 Work with SVCE and PG&E to develop or expand commercial rebate program and incentivize commercial all-electric retrofits and battery storage installations.

Key Pillar: Funding
Timing: Phase 2
Cost: Low
BE 3.9 Create a program to generate interest and secure partnerships among local businesses and institutions for the purpose of seeking out grants or initiatives.

Leverage this program to facilitate funding opportunities for commercial business electrification.

Key Pillar: Partnerships
Timing: Phase 2
Cost: Low-Medium
BE 3.10 Develop a program that funnels Cupertino businesses into the SVCE Innovation Onramp grant program or similar grant offerings.

Key Pillar: Funding
Timing: Phase 3
Cost: Low-Medium
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70 Measure BE-4: Require new residential and commercial development to be all-electric at time of construction
Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure BE-4 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Jobs Creation
 Cost Saving
GHG Emissions Reductions
 2030: 0.067 MT CO2e/person
 2040: 0.221 MT CO2e/person
Actions to support Measure BE-4 are included in Table 12.

Table 12 Measure BE-4 Actions
Action
ID Action Description
BE 4.1 Adopt an electrification ordinance for new residential and commercial development which requires developers to build all-electric at time of construction. Actively maintain the electrification ordinance through each triannual code cycle.

Key Pillar: Structural Change
City Partners: SVCE, California Energy Commission
Timing: Phase 1 (already implemented)
Cost: Low
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Measure BE-5: Support procurement of carbon-free fuels in lieu of natural gas for existing and new projects that cannot be electrified Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure BE-5 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Cost Saving
GHG Emissions Reductions
 Supportive Measure & Actions
Actions to support Measure BE-5 are included in Table 13. 197
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72 Table 13 Measure BE-5 Actions
Action
ID Action Description
BE 5.1 Energy consumption by Apple facilities is significant in Cupertino. Coordinate with Apple during preparation of future community inventories to ensure that Apple is continuing to procure biofuel for their Apple Park fuel cell through a legitimate book and claim process and that the data is reflected correctly in Cupertino’s community inventory according to the latest inventory guidance and protocols from CARB and ICLEI.

Key Pillar: Structural Change
City Partners: Apple, Bay Area Air Quality Management District Timing: Phase 1-3
Cost: Low
BE 5.2 Develop requirements for future commercial projects with fuel cells, stationary generators, or other natural gas equipment that cannot be electric to coordinate with the City and procure biofuel or other carbon-free fuel for operation of the equipment. Coordinate this action with the Bay Area Air Quality Management District, which conducts regular analysis on carbonfree alternatives to diesel generators under the Diesel-Free by ‘33 program.

Key Pillar: Studies & Plans
City Partners: Bay Area Air Quality Management District, California Air Resources Board
Timing: Phase 3
Cost: Medium
BE 5.3 Work with the City’s natural gas provider, ABAG POWER, to develop market alternatives to natural gas that provide legitimate carbon reduction opportunities, such as renewable diesel fuels or bio-based fuels. Consider purchasing these fuels at a price premium.

Key Pillar: Partnerships
City Partners: ABAG POWER, CalRecycle
Timing: Phase 1
Cost: Medium
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74 9 Connecting Communities (Transportation,
Land Use)

9.1 Context
Transportation is the largest GHG
emissions sector in Cupertino and has only
grown in California since 1990.

The City of Cupertino envisions an
inviting and safe walking and biking
environment that promotes active living
and healthy transportation choices,
enhances the quality of life for all
community members and visitors, and is a
seamless and integral part of the City’s
connected, multi‐modal transportation
network. The City cannot require that
people change their transportation
behaviors, but it is committed to implementing the infrastructure updates that will make more sustainable choices attractive for the community.

These transportation measures (TR) prioritize reducing vehicle miles travelled (VMT) first, by improving active and public transportation, then shifting the remaining VMT to electric vehicles. While in theory, 100 percent electrification of all vehicles in Cupertino could achieve zero-emissions in the transportation sector without reducing VMT, the City recognizes that cars and roadways carry huge amounts of embodied emissions not accounted for in the inventory, over which the City has little control. Reducing VMT carries additional benefits outside of GHG emissions reductions as well, including reduced congestion, reduced space needed for roadways and parking, local economic revitalization, and lifestyle improvements.

To achieve a greater than 15 percent mode shift to active transportation (Measure TR-1), the City plans to improve active transportation infrastructure, like bikeways and sidewalks. To achieve a greater than 29 percent mode shift to public transit (Measure TR-2), the City plans to improve public and shared transit programs and infrastructure. While the City cannot require its residents or businesses to buy Zero-Emission Vehicles (ZEVs), Measure TR-3 will ensure the infrastructure and incentives are present in the City to begin to remove present barriers to passenger and commercial ZEV adoption. Measure TR-4 explores the creation of behavior disincentives for owning fossil fuel-powered passenger vehicles, such as limited parking options, local taxes or fees. Finally, Measure TR-5 establishes a goal of decarbonizing 34 percent of off-road equipment by 2030. 200
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9.2 Measures and Actions Detail
Measure TR-1: Develop and implement an Active Transportation Plan to achieve 15 percent of active transportation mode share by 2030 and 23 percent by 2040
The City of Cupertino currently has a Bicycle Transportation Plan, adopted in 2016, and a companion document, the Pedestrian Transportation Plan, adopted in 2018. The City’s progress report shows nine bike segments completed, including several miles of Class IV separated bikeway. Measure TR-1 suggests including an Active Transportation component into the next update of these documents. Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure TR-1 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Jobs Creation
 Cost Savings
GHG Emissions Reductions
 2030: 0.048 MT CO2e/person
 2040: 0.071 MT CO2e/person
Actions to support Measure TR-1 are included in Table 14. 201
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76 Table 14 Measure TR-1 Actions
Action
ID Action Description
TR 1.1 As part of the City’s active transportation planning, identify priority projects to connect neighborhoods with commercial areas via bike/ped paths, repainted roadways, and e-bike share.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low-Medium
TR 1.2 Collaborate with the County, VTA, and SVCE to connect Cupertino's bicycle network to cross-jurisdiction bicycle superhighways and other e-bike networks as feasible.

Key Pillar: Partnerships
City Partners: Santa Clara County, VTA, SVCE
Timing: Phase 1
Cost: Low
TR 1.3 Engage the Bicycle Pedestrian Commission, Safe Routes to School network, and community groups to identify additional short-term and long-term bikeway and pedestrian infrastructure improvement projects to implement.

Key Pillar: Partnerships
City Partnerships: City commissions
Timing: Phase 2
Cost: Low
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TR 1.4 Ensure there is equitable access to safe bicycle and pedestrian infrastructure in all areas of the city. Prioritize new bicycle and pedestrian facilities (e.g., bike paths, bike parking, sidewalks) in areas with underdeveloped facilities and in areas with lower-income populations.

Key Pillar: Equity
Timing: Phase 1
Cost: Low-Medium
TR 1.5 Continue to implement the 2018 Pedestrian Plan and the 2016 Bicycle Transportation Plan list of prioritized projects, with accelerated completion of all planned bike paths by 2030.

Key Pillar: Structural Change
Timing: Phase 1-3
Cost: High
TR 1.6 Re-stripe arterial, minor collector, and major collector roads (as mapped in the 2016 Bicycle Transportation Plan) without existing designated bike lanes to include bike lanes and reduce the width of existing car lanes/travel determined by the bicycle and pedestrian plans.

Key Pillar: Structural Change
Timing: Phase 2
Cost: High
TR 1.7 Conduct a pilot program, including a plan for pilot implementation, that designates the road space on select streets specifically for bikes and is closed to through-traffic motor vehicles. As part of the plan, consider location and extent of pilot program based on transportation data analysis, and develop success tracking metrics to inform potential pilot expansion.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Medium
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78 TR 1.8 Evaluate and update the City's Zoning Code, Transportation Demand Management Ordinance, and/or California Green Building Code to ensure the City requires installation of accessible, shaded, and secure bicycle parking for new commercial development and retrofits.

Key Pillar: Structural Change
Timing: Phase 1
Cost: Low
TR 1.9 Improve the bike/e-bike parking network to reduce theft and increase rider attraction. This would include surveying existing bike parking facilities throughout the city and developing and implementing a plan to improve these with preference given to improving bike/e-bike parking facilities near public transit stops to improve and expand access to transit (i.e., first and lastmile access).

Key Pillar: Studies & Plans
Timing: Phase 2
Cost: Low-Medium
TR 1.10 Design a micro-mobility program that explores expansion of the use of electric bikes and scooters and shared micro-mobility options.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low
TR 1.11 Bring an e-bike share or e-scooter share to Cupertino with focus on placing hubs near neighborhood entry points and commercial areas. Adopt an ordinance to allow and manage the mobility sharing program.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low
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TR 1.12 Pilot a program to provide free or reduced-price access to e-bikes or other micro-mobility options to low-income residents and students.

Key Pillar: Equity
Timing: Phase 2
Cost: Low-Medium
TR 1.13 Establish a program for researching and obtaining grant funding for bike and pedestrian network expansion.

Key Pillar: Funding
Timing: Phase 1
Cost: Low-Medium
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80 Measure TR-2: Implement public and shared transit programs to achieve 29 percent of public transit mode share by 2030 and maintain through 2040 Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure TR-2 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Jobs Creation
 Cost Savings
GHG Emissions Reductions
 2030: 0.269 MT CO2e/person
 2040: 0.256 MT CO2e/person
Actions to support Measure TR-2 are included in Table 15. 206
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Table 15 Measure TR-2 Actions
Action
ID Action Description
TR 2.1 Develop a plan for on-demand community shuttle (Via-Cupertino) expansion and designated streets for transit based on data collected by the City.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low-Medium
TR 2.2 Include public transit in the designated streets pilot program from Measure TR

1.7. Key Pillar: Structural Change
City Partner: VTA
Timing: Phase 2
Cost: Low-Medium
TR 2.3 Aggressively expand the on-demand community shuttle to meet shared transit goals and support vulnerable populations: secure funding to support transition to an all-electric fleet, maintain bike racks on all fleet vehicles, increase service and coverage, wheelchair accessibility, and offer free or deeply subsidized passes to students attending Cupertino schools and lowincome individuals.

Key Pillar: Structural Change
City Partners: Neighboring jurisdictions, school districts, regional employers Timing: Phase 2
Cost: High
TR 2.4 Partner with VTA and neighboring cities to develop high-capacity transit service along the Stevens Creek Boulevard/I-280 corridor.

Key Pillar: Partnerships
City Partners: VTA, neighboring jurisdictions
Cost: Low-Medium
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82 TR 2.5 Conduct a free public transit pilot program that provides free public transit on VTA and the Via-Cupertino Shuttle to students, foster youth, and unhoused youth in Cupertino.

Key Pillar: Equity
City Partners: Community based organizations, VTA
Timing: Phase 2
Cost: Medium
TR 2.6 Require medium to large-sized employers (25 employees or more) to develop a Transportation Demand Management (TDM) Plan. TDM plans should include subsidies for employees to bike, walk, or carpool, and provide free transit passes for all employees.

Key Pillar: Studies & Plans
City Partners: Cupertino businesses
Timing: Phase 2
Cost: Low
TR 2.7 Require new multi-family developments to install a car share or provide ebikes/e-scooters for tenants.

Key Pillar: Structural Change
City Partners: Real estate developers
Timing: Phase 1
Cost: Low
TR 2.8 Establish a program for supporting regional transportation coordination for improving region-wide service, such as establishing prioritized service, obtaining grant funding for service expansion, or headway reductions.

Key Pillar: Partnerships
City Partners: VTA, neighboring jurisdictions
Timing: Phase 2
Cost: Medium
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Measure TR-3: Increase zero-emission vehicle (ZEV) adoption46 to 35 percent for passenger vehicles and 20 percent for commercial vehicles by 2030 and 100 percent for all vehicles by 2040
Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure TR-3 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Cost Savings
GHG Emissions Reductions
 2030: 0.457 MT CO2e/person
 2040: 1.960 MT CO2e/person
Actions to support Measure TR-3 are included in Table 16. 46 For the purposes of this document and the Cupertino CAP Update, ZEV adoption refers to percent of vehicles registered in Cupertino that are ZEV.
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84 Table 16 Measure TR-3 Actions
Action
ID Action Description
TR 3.1 Conduct a survey of existing publicly accessible electric vehicle chargers, their locations, and their kW hour charging speed, and identify a prioritized list of locations for new electric vehicle charging stations with consideration for equitable distribution of chargers to residents of multi-family homes, lowincome and fixed income people, historically underserved communities, elders, and disabled individuals with access needs.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low-Medium
TR 3.2 Leverage public and private partnerships to add 719 new publicly accessible Level 2 and 3 electric vehicle charging stations to the City by 2030.

Key Pillar: Structural Change
Timing: Phase 1-3
Cost: High
TR 3.3 Review electric vehicle infrastructure reach code for new development and consider re-adoption of the reach code or strengthening electric vehicle installation requirements at next code cycle.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low
TR 3.4 Create a local reach code ordinance for installation of electric vehicle charging infrastructure at existing multi-family and commercial sites. Work with SVCE on model code development and coordinate efforts with other SVCE cities.

Key Pillar: Structural Change
Timing: Phase 3
Cost: Low
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TR 3.5 Continue to maintain and advertise a streamlined electric vehicle infrastructure permitting process in accordance with SB 1236 and AB 970.

Key Pillar: Structural Change
Timing: Phase 1
Cost: Low
TR 3.6 Investigate commercial vehicle fleets in Cupertino and identify businesses/employers to partner with for accelerating zero emission vehicle (ZEV) adoption.

Key Pillar: Partnerships
City Partners: Cupertino businesses
Timing: Phase 1
Cost: Low
TR 3.7 Work and collaborate with local businesses/employers to develop and implement a plan for City-supported accelerated fleet electrification. As part of the plan, identify opportunities for accelerated fleet electrification and promote zero-emission vehicle (ZEV) adoption within major private and employee fleets in the city.

Key Pillar: Engagement
Timing: Phase 2
Cost: Low-Medium
TR 3.8 Support zero-emission vehicle (ZEV) car share companies in coming to Cupertino; collaborate with neighboring jurisdictions and the County to do the same to create a larger connected network of ZEV car share.

Key Pillar: Partnerships
Timing: Phase 2
Cost: Low
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86 TR 3.9 Establish affordable, zero-emission vehicle (ZEV) car share to serve affordable housing and/or multifamily developments with a priority to target renters, residents in multi-unit housing, low-income and fixed income people, historically underserved communities, elders, and individuals with access needs.

Key Pillar: Equity
City Partners: ZEV car share vendors
Timing: Phase 2
Cost: Low
TR 3.10 Review zero-emission vehicle (ZEV) adoption rates based on demographics of Cupertino to identify ways to improve ZEV adoption among renters, lowincome and fixed income people, historically underserved communities, elders, and disabled individuals with access needs. Based on the results, conduct targeted outreach to groups to identify barriers and concerns of potential ZEV drivers. Work with community-based organizations to target outreach and program planning to reduce barriers for ZEV adoption among groups with low participation rates.

Key Pillar: Engagement
City Partners: Community based organizations
Timing: Phase 1
Cost: Low
TR 3.11 Coordinate with community-based organizations, agencies, and non-profits to conduct zero-emission vehicle (ZEV) education events for renters, lowincome and fixed income people, historically underserved communities, elders, and disabled individuals with access needs that would include information on costs/benefits of owning ZEVs, steps on how to receive incentives for ZEVs, and other benefits.

Key Pillar: Equity
Timing: Phase 2
Cost: Low
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TR 3.12 Work with SVCE and PG&E to incentivize electric vehicle charger installations through on-bill financing and other alternative financing.

Key Pillar: Funding
Timing: Phase 3
Cost: Low
TR 3.13 Identify and implement incentives and technical assistance for commercial fleet electrification. This could include local tax breaks, fee waivers, or incentives.

Key Pillar: Funding
Timing: Phase 3
Cost: Medium
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88 Measure TR-4: Re-focus transportation infrastructure away from singleoccupancy gasoline vehicles to support the bicycle/pedestrian, public transit, and ZEV goals of Measures TR-1, TR-2, and TR-3 Co-benefits and specific quantitative
GHG emissions reductions associated
with implementation of Measure TR-4
are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Cost Savings
GHG Emissions Reductions
 Supportive Measure & Actions
Actions to support Measure TR-4 are included in Table 17. 214
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Table 17 Measure TR-4 Actions
Action
ID Action Description
TR 4.1 Conduct public outreach and analysis of the potential community impacts and benefits of implementing disincentive-based policies for driving gasoline and diesel single passenger vehicles. Explore topics such as limiting parking options, increased local taxes (income tax, gasoline tax, or car registration tax), and transportation network company (TNC) user taxes.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low
TR 4.2 In addition to general public outreach, conduct targeted outreach to students, low-income and fixed income people, historically underserved communities, elders, and disabled individuals with access needs during analysis of the disincentive-based transportation policies to understand the community's potential concerns.

Key Pillar: Engagement
Timing: Phase 1
Cost: Low
TR 4.3 Define equity metrics for implementation of disincentives based on feedback from local students, low-income and fixed income people, historically underserved communities, elders, and disabled individuals with access needs and structure the disincentive programs to meet these metrics.

Key Pillar: Equity
Timing: Phase 2
Cost: Low
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90 TR 4.4 Develop a plan and timeline for allowing developers to build housing without off-street parking if the location is close to frequent transit service, to be implemented at a time when frequent transit options are more available in Cupertino.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low
TR 4.5 As part of future updates to the General Plan, conduct a traffic pattern study to identify commercial areas of the City to severely limit or eliminate parking for single-passenger gasoline and diesel vehicles.

Key Pillar: Studies & Plans
Timing: Phase 2
Cost: Medium
TR 4.6 Conduct a study of citywide parking minimums and based on available transportation options, travel demand, and land use, consider parking maximums and potentially charging for public parking spaces.

Key Pillar: Studies & Plans
Timing: Phase 2
Cost: Low
TR 4.7 Identify options for funding active and public transit programs through a local tax, such as an income tax, local gasoline tax, or gasoline/car registration tax. Ensure any tax or fee is designed to have low to no impact on low-income residents (e.g., includes a rebate for CARE/FERA customers, or has progressive fee levels based on income bracket/value of the car).

Key Pillar: Funding
Timing: Phase 1
Cost: Low
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TR 4.8 Implement a user tax on Transportation Network Companies (TNC), taxi companies, and other private transportation services, which would put a small fee on the use of these services to generate funds to pay for transit and mobility infrastructure. Exceptions to a user tax may be made for private transportation services that can demonstrate they reduce VMT.

Key Pillar: Funding
Timing: Phase 2
Cost: Low-Medium
TR 4.9 Track the results of the CAP's driving disincentive programs - parking limitations, increased local taxes (income tax, gasoline tax, or car registration tax), and TNC user taxes - and share these results with neighboring jurisdictions and the County to collaborate on extending these programs within the County.

Key Pillar: Partnerships
Timing: Phase 3
Cost: Low
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92 Measure TR-5: Electrify or otherwise decarbonize 34 percent of off-road equipment by 2030 and 35 percent by 2040
Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure TR-5 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Cost Savings
GHG Emissions Reductions
 2030: 0.098 MT CO2e/person
 2040: 0.102 MT CO2e/person
Actions to support Measure TR-5 are included in Table 18. 218
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Table 18 Measure TR-5 Actions
Action ID Action Description
TR 5.1 Investigate commercial off-road equipment fleets in Cupertino and identify fleets with highest decarbonization potential.

Key Pillar: Studies & Plans
Timing: Phase 1-2
Cost: Low
TR 5.2 Work with BAAQMD to expand rebate and incentive programs for upgrading off-road equipment and switching to biofuels or electric equipment.

Key Pillar: Funding
City Partner: BAAQMD
Timing: Phase 2
Cost: Medium
TR 5.3 Partner with SVCE and the County of Santa Clara to incentivize electrification of landscaping equipment and other off-road equipment types such as construction machinery.

Key Pillar: Partnerships
City Partners: SVCE, Santa Clara County
Timing: Phase 2
Cost: Low
TR 5.4 By 2025, develop an ordinance to ban local operation of gasoline and diesel-powered off-road equipment by 2030 to improve public health, reduce noise, and reduce local GHG emissions. This ordinance can build upon the noise ordinance which regulates landscaping equipment.

Include allowance for biofuels (i.e., renewable diesel) for equipment for which zero emission alternatives are not available in the ordinance.

Key Pillar: Structural Change
City Partners: BAAQMD
Timing: Phase 2
Cost: Low-Medium
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94 10 Getting to Zero Waste

10.1 Context
Cupertino defines zero waste as an
ongoing set of practices to conserve
resources and protect humans and the
environment by responsibly producing,
consuming, reusing, and recovering food
and goods.

Solid waste accounts for only five percent
of the emissions in Cupertino’s
greenhouse gas inventory but striving
toward zero waste can create climate
benefits beyond Cupertino’s borders and
the measures in this section support
Cupertino’s overall goal of working
toward zero waste of resources.

The City has an overall goal of reaching
and maintaining 80 percent waste
diversion by 2025. The diversion rate is
calculated using CalRecycle’s Diversion
rate equivalent formula (Cupertino’s
waste diversion rate as of 2018 is 73 percent). Working toward zero waste requires two main strategies. First, maximizing waste diversion (including recycling and composting) and second, minimizing waste generation.

Cupertino’s zero waste (W) measures align with these strategies. They are:
 Measure W-1: Implement SB 1383 requirements and reduce communitywide landfilled organics 75% by 2025 and inorganic landfilled waste 35% by 2030. Reduce all landfilled waste 90% by 2040.
 Measure W-2: Reduce overall waste disposed to garbage, recycling, and compost per capita by 15% by 2035.
 Measure W-3: Meet or exceed the SB 1383 recycled organics products procurement requirements and sequester or avoid at least 0.018 MT CO2e per person by 2045 220
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Less Waste to Landfill
Reducing the amount of organic waste (such as food waste and yard waste) sent to landfills will help the City achieve its climate goals because methane released from landfilled organic waste is the main local source of waste-related greenhouse gas emissions. Actions for reducing organic waste to the landfill are already clearly defined by State requirements under SB 1383, which lay out specific programs, policies, and objectives for the City to support the State goal. Under SB 1383, cities are required to rescue edible food, divert organic waste from landfill, and procure compost and/or other materials from recycled organic waste. Those requirements are already captured in Cupertino ordinance 21-2231.

Going beyond organics, Cupertino aims to reduce inorganic waste (such as plastic, paper, and metal) going to landfill and the total amount of all waste going to landfill.

Waste Prevention
The best way to manage waste is to prevent it in the first place. This is because creating items and disposing of them as waste requires raw materials, time, energy, and other resources, which can all be conserved when waste is prevented. In addition, not all waste is reusable or recyclable, so the best way to keep it out of landfill as technologies develop is prevention. Figure 7 illustrates these concepts.

The GHG emissions emitted from creating and transporting goods before they reach consumers are called lifecycle emissions. These emissions are typically higher than any emissions released locally in Cupertino when waste is disposed. Recycling and recovering waste are helpful to keep waste out of landfills, but these are the last opportunities to manage waste, not the first, because they do not address lifecycle emissions and the other costs of creating materials.

To make progress towards zero waste
and reduce GHG emissions as much as
possible, Cupertino will study the
lifecycle emissions of goods and
services and prioritize waste prevention
so that waste can be eliminated at the
source before management and
disposal are necessary. Although
actions that address inorganic waste
will have a minimal impact toward
meeting Cupertino’s communitywide
GHG emissions reduction goals,
reducing inorganic waste reduces the
need for production and disposal of
these materials. This will reduce the
associated lifecycle emissions of that
waste outside of Cupertino.

Figure 7. Zero Waste Management Heirarchy
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96 10.2 Measures and Actions Detail
Measure W-1: Implement SB 1383 requirements and reduce communitywide landfilled organics 75% by 2025 and inorganic waste 35% by 2030 and reduce all waste 90% by 2040
Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure W-1a are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Biodiversity & Ecosystem Services
 Jobs Creation
 Cost Savings
GHG Emissions Reductions
 2030: 0.202 MT CO2e/person
 2040: 0.200 MT CO2e/person
Actions to support Measure W-1 are included in Table 19. 222
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Table 19 Measure W-1 Actions
Action
ID Action Description
W 1.1 Partner with local community organizations and businesses to implement all required activities under SB 1383.

Key Pillar: Partnerships
City Partners: Recology, County of Santa Clara, food generating businesses, food recovery organizations
Timing: Phase 1
Cost: Low
W 1.2 Route collected landfilled waste through a materials recovery facility (MRF) to increase diversion before final disposal. Continue financial support for lowincome residents to offset the increase in trash collection rates.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Medium
W 1.3 Work with contracted hauler to develop and implement a comprehensive monitoring and quality control program with a focus on consumer behavior change.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low
W 1.4 Encourage businesses to educate their employees about organic waste diversion and proper sorting annually by providing training resources and rebate program to fund employee time for training.

Key Pillar: Engagement
City Partners: Local businesses
Timing: Phase 1
Cost: Low
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98 W 1.5 Establish relationships with multi-family (MF) property owners/managers to develop signage for their properties to encourage food waste diversion. Go door-to-door at each MF unit yearly to provide supplies and education for proper sorting.

Key Pillar: Engagement
City Partners: Multi-family property owners and managers Timing: Phase 1
Cost: Low
W 1.6 Conduct targeted, multi-lingual, culturally appropriate, and geographically diverse waste diversion educational and technical assistance campaigns based on outcomes of the waste characterization study, and comprehensive monitoring and quality control program. Topics could include proper sorting, reduce smell/mess, where does the material go after it leaves the curb, methane from food waste in landfill.

Key Pillar: Equity
Timing: Phase 1
Cost: Low
W 1.7 Partner with schools, retirement communities, and other large institutions to create waste diversion and prevention programs/procedures/plans.

Key Pillar: Partnerships
City Partners: Schools, retirement communities, hospitals, hotels, large venues Timing: Phase 1
Cost: Low
W 1.8 Work with waste hauler to determine data necessary to meet zero waste goals and establish protocol for regular collection and reporting of associated metrics.

Key Pillar: Partnerships
Timing: Phase 2
Cost: Low
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W 1.9 Implement enforcement and fee for incorrectly sorted materials with sensitivity to shared collection to reduce contamination.

Key Pillar: Structural Change
Timing: Phase 1-2
Cost: Low
W 1.10 Conduct Construction & Demolition (C&D) feasibility study to determine if the City can expand C&D waste diversion requirements and, if feasible, create a deconstruction ordinance to require reuse of materials.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low
W 1.11 Conduct waste characterization studies (WCS) every 4-5 years to inform programs and policies.

Leverage the waste characterization data to understand the waste stream and modify plans to increase diversion and decrease contamination.

Key Pillar: Studies & Plans
Timing: Phase 1-3
Cost: Medium
W 1.12 Understand alternatives to three waste streams disposal and fill in waste generation gaps by collecting data from take-back locations (grocery stores, auto shops, carpets, mattresses, battery collection, etc.).

Key Pillar: Studies & Plans
Timing: Phase 2
Cost: Low
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W 1.13 Increase access to recycling facilities such as beverage container California Refund Value (CRV) redemption and extended producer responsibility (EPR) take-back programs.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low
W 1.14 Monitor and report recycling activity, including the number of materials recycled, programmatic achievements, and the strength of commodity markets. Produce reports to the City Council as needed to inform future zero waste planning.

Key Pillar: Studies & Plans
Timing: Phase 1-3
Cost: Low
W 1.15 Add extra bulky-item pickup service for low- and medium-income residents at a subsidized cost to help minimize illegal dumping and increase access to bulky item disposal.

Key Pillar: Equity
Timing: Phase 2
Cost: Medium
W 1.16 Conduct a study about textiles recycling opportunities that can be rolled out across Cupertino.

Key Pillar: Studies & Plans
Timing: Phase 2
Cost: Low
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Measure W-2: Reduce overall waste disposed to garbage, recycling, and compost per capita by 15% percent by 2035
Co-benefits and specific quantitative GHG
emissions reductions associated with
implementation of Measure W-2 are as follows:

Co-Benefits
 Jobs Creation
 Enhanced Public Health & Safety
 Climate Change Resilience
 Biodiversity & Ecosystem Services
 Affordable Housing & Local Development
 Cost Savings
GHG Emissions Reductions
 Supportive Measure & Actions
Actions to support Measure W-2 are included in Table 20. 227
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Table 20 Measure W-2 Actions
Action
ID Action Description
W 2.1 Conduct a consumption-based GHG emissions inventory to understand the community’s worst consumption habits and emission reduction potential and provide educational materials on a closed-loop circular economy.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low
W 2.2 Based on results of the consumption-based emissions inventory, create a plan to achieve the objective of zero growth of waste generation. Consider reusable diaper service, promoting plant-based diets, etc.

Key Pillar: Studies & Plans
Timing: Phase 2-3
Cost: Medium
W 2.3 Consider creation of upcycle/resell shop to increase access to items for reuse and create jobs.

Key Pillar: Structural Change
Timing: Phase 2-3
Cost: Medium
W 2.4 Conduct targeted, multi-lingual, culturally appropriate, and geographically diverse waste prevention educational and technical assistance campaigns based on outcomes of WCS. Outreach topics can include food waste prevention, edible food recovery strategies, proper storage, how to fix clothes/electronics, how to donate, reusable alternatives, effects of overconsumption, sustainable consumption habits, buying second hand, buying durable, sharing, repurposing.

Key Pillar: Equity
Timing: Phase 1
Cost: Low
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W 2.5 Create a training/education program that is free and accessible to all residents and employees to learn about waste prevention and diversion strategies and effects of overconsumption.

Key Pillar: Engagement
Timing: Phase 1
Cost: Low
W 2.6 Expand edible food recovery program to all restaurants and food generating businesses and create incentives for small businesses who otherwise couldn't participate.

Key Pillar: Equity
Timing: Phase 1
Cost: Medium
W 2.7 Fund edible food recovery organizations so they can expand and handle increased volume. Leverage CalRecycle support for projects that prevent food waste or rescue edible food.

Key Pillar: Funding
City Partners: Food recovery organizations and small businesses Timing: Phase 2
Cost: Medium
W 2.8 Work with the business community to design and promote extended producer responsibility such as take-back programs.

Key Pillar: Partnerships
Timing: Phase 2
Cost: Low
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W 2.9 Consider a fee at point of use for single-use foodware by food service providers. Fee would be waived for individuals who are dependent on these products for health reasons.

Key Pillar: Funding
City Partners: Restaurants and other food businesses
Timing: Phase 2
Cost: Low
W 2.10 Partner with local organizations, schools, and libraries to establish pop-up repair café for commonly broken and easily repaired items.

Key Pillar: Partnerships
City Partners: Local schools and libraries
Timing: Phase 1
Cost: Low
W 2.11 Increase bans on “problem materials.” Ban items without means of recycling or recycling markets, such as sale of polystyrene, produce bags, plastic packaging, straws, plastics #4-7, and/or mixed materials.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low-Medium
W 2.12 Create a requirement for large events to use an event waste management service. This could be included as a condition before the City issues a special event permit.

Key Pillar: Structural Change
City Partners: Large events and venues
Timing: Phase 2
Cost: Low-Medium
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Measure W-3: Meet or exceed the SB 1383 recycled organics products procurement requirements and sequester or avoid at least 0.018 MT CO2e per person by 2045
Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure W-3are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Biodiversity & Ecosystem Services
 Jobs Creation
GHG Emissions Reductions
 2030: 0.018 MT CO2e/person
 2040: 0.018 MT CO2e/person
Actions to support Measure W-3 are included in Table 21. 231
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Table 21 Measure W-3 Actions
Action
ID Action Description
W 3.1 Develop partnerships with local community organizations and businesses to implement all required recycled organics products procurement activities under SB 1383.

Key Pillar: Partnerships
City Partners: Recology, County of Santa Clara, food recovery organizations Timing: Phase 1
Cost: Medium
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11 Working with Nature

11.1 Context
A carbon neutral future includes leveraging the greenspace and water systems within the City to reduce GHG emissions. For example, greenspace – like trees and planted landscapes – can be expanded and maintained to remove carbon from the atmosphere through natural biological processes called carbon sequestration, helping to reduce GHG emissions in the City. Water and wastewater infrastructure can be managed to reduce the energy needed to transport water, and associated GHG emissions. Residential and commercial uses for cooking and cleaning can also be managed or upgraded to be less water intensive.

Managing water systems in this way has the added benefit of putting less pressure on water resources across California during times of drought and ensuring more long-term resilience of this vital resource.

The Public Works Department is responsible for the planting and maintenance of approximately 20,500 trees. Visit our YouTube channel to hear more from the City arborists:
https://youtu.be/X5l8YnV3f4A
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Carbon Sequestration
To achieve carbon neutrality in 2040, the City of Cupertino will reduce GHG emissions across all sectors to achieve as close to zero GHG emissions as possible. However, due to limitations in technology and the length of time that it takes to normalize new low-carbon behaviors, it is expected that some GHG emissions will remain under the City’s jurisdiction in 2040. A carbon-neutral future therefore includes carbon sequestration mechanisms, which take carbon out of the atmosphere, to offset remaining GHG emissions. Strategies available for carbon sequestration include planting trees, managing greenspace effectively, composting, and removing carbon from the atmosphere. The CAP’s carbon sequestration (CS) measures align with these strategies and consist of the following:
 Measure CS-1: Increase carbon sequestration through tree planting by developing and implementing an Urban Forest Management Plan
 Measure CS-2: Leverage the carbon sequestration potential of open space and carbon removal
Water and Wastewater
While only a small part of the City’s GHG emissions, water conservation and decarbonized wastewater treatment are important aspects of a community’s overall sustainability and resiliency. To this end, the CAP Update’s water and wastewater (WW) measures consist of the following measures:
 Measure WW-1: Reduce per capita water consumption by 15 percent compared to 2019 levels by 2030 and maintain through 2040
 Measure WW-2: Support the SJ-SC RWF in implementing GHG emissions reduction projects
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11.2 Measures and Actions Detail
Measure CS-1: Increase carbon sequestration through tree planting by developing and implementing an Urban Forest Management Plan Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure CS-1 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Biodiversity & Ecosystem Services
 Jobs Creation
 Cost Savings
GHG Emissions Reductions
 These are supporting actions
Actions to support Measure CS-1 are included in Table 22. 235
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Table 22 Measure CS-1 Actions
Action
ID Action Description
CS 1.1 Identify and partner with local community-based organizations with connections to low-income and fixed income people, historically underserved communities, elders, and disabled individuals with access needs to assist in development of an Urban Forest Management Plan (UFMP) to ensure equity is prioritized as part of the plan.

Key Pillar: Equity
Timing: Phase 1
Cost: Low
CS 1.2 Conduct an urban heat island study to assist in identifying priority areas in Cupertino for planting new trees.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low-Medium
CS 1.3 Develop an Urban Forest Management Plan (UFMP) based on the City’s tree canopy assessment that identifies the framework and strategy for expanding the tree canopy in Cupertino. As part of the UFMP development effort, identify a tree canopy expansion goal. Ensure the sustainability of the urban forest (including all existing and new trees) by including in the UFMP plans for continued tree maintenance and protection, attention to safety, resident engagement, and the planting of native and climate-appropriate trees.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low-Medium
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CS 1.4 Review the Tree Protection Ordinance and ensure that trees are protected with future updates to the General Plan. Ensure any trees that may be removed to accommodate new housing are replaced with at least a 2:1 ratio.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low-Medium
CS 1.5 Establish a program for obtaining grant funding for development of UFMP and tree planting.

Key Pillar: Funding
Timing: Phase 2
Cost: Medium
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Measure CS-2: Leverage the carbon sequestration potential of open space and carbon removal
A previous tree canopy study identified that 27% of Cupertino’s land area is potentially suitable for more tree plantings. This potential can and should be considered for increasing Cupertino’s local natural carbon sequestration through tree planting. Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure CS-2 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Biodiversity & Ecosystem Services
GHG Emissions Reductions
 Supportive Measure & Actions
Actions to support Measure CS-2 are included in Table 23. 238
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Table 23 Measure CS-2 Actions
Action
ID Action Description
CS 2.1 Study opportunities to create new natural areas in existing open spaces, parklands, and fields with native species, biodiverse ecology, higher carbon sequestration potential and improved recreational connectivity for the community.

Key Pillar: Studies & Plans
Timing: Phase 1
Cost: Low-Medium
CS 2.2 Expand community gardens program beyond McClellan Ranch Preserve.

Continue to prioritize locating new gardens in high-density housing areas.

Program goals include promoting healthy living through access to healthy food, creating a secure place where residents can strengthen community bonds, and providing education on safe organic gardening practices.

Key Pillar: Equity
Timing: Phase 2
Cost: High
CS 2.3 Study options to invest in carbon drawdown removal in a way that is appropriate for Cupertino. The study should include a review of the Oxford Carbon Drawdown Principles and identify if there exist any investments within or outside of Cupertino that make sense to contribute to carbon drawdown.

Key Pillar: Studies & Plans
Timing: Phase 2
Cost: Low-Medium
CS 2.4 Develop an embodied carbon emissions policy and ordinance that encourages or requires carbon to be sequestered in building materials such as mass timber framing or low-carbon concrete.

Key Pillar: Structural Change
Timing: Phase 3
Cost: Low-Medium
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Measure WW-1: Reduce per capita water consumption by 15 percent compared to 2019 levels by 2030 and maintain through 2040 Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure WW-1 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Biodiversity & Ecosystem Services
 Cost Savings
GHG Emissions Reductions
 Supportive Measure & Actions
Actions to support Measure WW-1 are included in Table 24. 240
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Table 24 Measure WW-1 Actions
Action
ID Action Description
WW 1.1 Adopt an ordinance for installation of dual-plumbing water systems that utilize greywater for irrigation at new residential construction, including ADUs, and in major retrofits. In doing so the City will:

1. Engage with builders and developers to provide information on the new requirements for residential new construction

2. Develop and adopt an ordinance based on the available model ordinances
Key Pillar: Structural Change
City Partners: Valley Water and regional working groups Timing: Phase 2
Cost: Low-Medium
WW 1.2 Work with Santa Clara Valley Water to develop an enhanced public engagement campaign that promotes water efficiency rebates from Santa Clara Valley Water (Greywater, Laundry to Landscape program), including educating residents on the benefits of dual-plumbing greywater systems, lowflow fixtures, and their connection to climate resilience and GHG emissions reductions. Ensure that all outreach and education is in multiple languages.

Key Pillar: Engagement
Timing: Phase 2
Cost: Low
WW 1.3 Perform targeted outreach to households with low-income and fixed income people, historically underserved communities, elders, and disabled individuals with access needs to provide free water conservation devices through the Santa Clara Valley Water. Ensure that all outreach and education is in multiple languages.

Key Pillar: Equity
Timing: Phase 2-3
Cost: Low
WW 1.4 Work with schools to educate youth about water conversation.

Key Pillar: Engagement
City Partners: Local school districts
Timing: Phase 2
Cost: Low
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WW 1.5 Continue to provide rebates or other funding to low- and medium-income homes for installing laundry to landscape systems, rainwater catchment systems, and low-flow appliances.

Key Pillar: Funding
Timing: Phase 1
Cost: Medium
WW 1.6 Work with Santa Clara Valley Water and Cupertino’s water retailers to provide Wi-Fi connected meters that citizens can check on phones and computers.

Key Pillar: Partnerships
City Partners: Water retailers, Valley Water
Timing: Phase 3
Cost: Medium
WW 1.7 Partner with Santa Clara Valley Water to support a brackish water/desalinization program, as feasible.

Key Pillar: Partnerships
City Partners: Valley Water
Timing: Phase 3
Cost: Medium
WW 1.8 Expand the Climate Victory Gardens pilot to an ongoing program and work with Santa Clara Valley Water to expand to a regional service.

Key Pillar: Partnerships
Timing: Phase 1
Cost: Medium
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Measure WW-2: Support the SJ-SC Regional Wastewater Facility in implementing GHG emissions reduction projects
Co-benefits and specific quantitative GHG emissions reductions associated with implementation of Measure WW-2 are as follows:

Co-Benefits
 Enhanced Public Health & Safety
 Climate Change Resilience
 Biodiversity & Ecosystem Services
 Jobs Creation
 Cost Savings
GHG Emissions Reductions
 Supportive Measure & Actions
Actions to support Measure WW-2 are included in Table 25. 243
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Table 25 Measure WW-2 Actions
Action
ID Action Description
WW 2.1 Establish a program or function for supporting SJ-SC Regional Wastewater Facility in obtaining grant funding for methane capture or other GHG reduction infrastructure. Explore opportunities related to methane capture and conversion to biofuel through the state's Low Carbon Fuel Standard (LCFS) program.

Key Pillar: Funding
Timing: Phase 1
Cost: Low-Medium
WW 2.2 Collaborate with the cities of San Jose, Santa Clara, Campbell, Los Gatos, Monte Sereno, and Saratoga, and the County to advocate and support GHG reductions at the SJ-SC RWF. Explore opportunities to scale beyond regional coordination.

Key Pillar: Partnerships
City Partners: Santa Clara County and neighboring cities Timing: Phase 2
Cost: Low
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12 Adaptation and Resilience

12.1 Context
Climate change impacts are already happening in Cupertino, and they are projected to intensify. More detail is available in Section 2.2: Climate Change Impacts. To protect people, assets, and natural systems, the City is engaging in climate adaptation. Climate adaptation is adjusting to respond to actual or expected climate impacts, with the goal of mitigating harms or taking advantage of opportunities.47 An essential part of adaptation is building resilience, which is the capacity to “prepare for disruptions, recover from shocks and stresses, and adapt to and grow from a disruptive experience.”48 Adaptation includes identifying and planning for climate risks, undertaking projects that increase resilience and the community’s ability to adapt, and establishing relationships for regional coordination and information sharing. The City conducted a vulnerability assessment to understand how climate change may affect Cupertino and will use the results to inform adaptation planning.49
Vulnerability Assessment Findings
The vulnerability assessment compares the potential impacts of climate hazards to Cupertino’s adaptive capacity. Potential impacts are modeled based on a mid-century, moderate emissions scenario known as scenario 4.5. Scenario 4.5 assumes global emissions peak in the years circa 2040-2050, which the City believes is feasible given the current state of global climate pledges.50 Several different emissions scenarios are illustrated in Figure 8, below.
47 Adapted from the California Governor’s Office of Emergency Services. June 2020. California Adaptation Planning Guide. Available:
https://www.caloes.ca.gov/HazardMitigationSite/Documents/CA-Adaptation-Planning-Guide-FINALJune-2020-Accessible.pdf#search=adaptation%20planning%20guide Accessed September 2021. 48 Ibid. Pg. 12.
49 The full vulnerability assessment will be released as a companion document. 50 Meinshausen, M., Lewis, J., McGlade, C. et al. Realization of Paris Agreement pledges may limit warming just below 2 °C. Nature 604, 304–309 (2022). Available: https://doi.org/10.1038/s41586-022- 04553-z Accessed April 15, 2022.
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Figure 8. Global Surface Temperature Change Relative to 1850-1900 in Five Different Emissions Scenarios
Source: IPCC (2021) Figure SPM.8a
Adaptive capacity describes strengths, existing systems and processes, and other resources that can allow the City to mitigate harms and take advantage of opportunities for cobenefits.

Using the two factors of modeled impact and adaptive capacity, the CAP 2.0 project team scored Cupertino’s vulnerability across six climate hazards. Vulnerability is highest for hazards that have high potential impacts and for which the city has low adaptive capacity.

Cupertino is most vulnerable to adverse air quality impacts and extreme heat, and the city has medium vulnerability to drought, wildfire, and extreme precipitation/storm flooding.

Cupertino is least vulnerable to sea level rise. The results are summarized below in Figure 9. 246
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Figure 9. Climate Hazards Vulnerability Assessment
Cupertino has the lowest adaptive capacity for adverse air quality impacts and extreme heat. Many of these impacts, especially the health impacts, are subtle and diffuse. While the City and County do offer cooling centers and other resources, the City can also build capacity by strengthening communication and education, as well as engaging communities with resources such as resilience hubs.

Brownouts are a significant concern during extreme heat events, and energy resilience remains a priority. There is greater adaptive capacity for drought, wildfires, and extreme precipitation/storm flooding through regional coordination and partnerships. Sea level rise remains of lowest concern because Cupertino will not be directly affected.

Recommendations
The City has identified the following recommendations to strengthen climate adaptation:
• Strengthen air quality and extreme heat response
• Expand urban greening and natural infrastructure
• Increase energy resilience
• Strengthen community capacity and resilience
Adverse Air Quality
Impacts Extreme Heat
Drought
Wildfire Extreme
Precipitation/Storm
Flooding
Sea Level Rise
Potential Impact
Adaptive Capacity
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• Increase community engagement with and investment in vulnerable communities • Coordinate with regional partners
Many of these strategies are addressed in the following adaptation and resiliency (AR) measures below or are already addressed in other measures. 248
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12.2 Adaptation Measures and Actions
Measure AR-1: Increase usage of natural infrastructure solutions such as bioswales, rainwater storage systems, and permeable pavements to enhance infrastructure resiliency.

Healthy natural systems provide services such as decreased flood risk, air pollution filtration, and lower ambient temperatures, thereby increasing resilience across multiple climate hazards. Measures CS-1 and CS-2 already include actions to expand and maintain natural infrastructure such as the city’s urban forest and open space. Thus, this measure will focus on expanding green stormwater infrastructure throughout the city.

Benefits
 Decreased flood risk
 Lower ambient temperatures
 Greater resilience to drought
 Enhanced public health and safety
Table 26 Measure AR-1 Actions
Action
ID Action Description
AR 1.1 Prioritize opportunities to focus green stormwater infrastructure improvements in vulnerable communities and the areas of most need including areas with a large proportion of renters, low-income areas, and in historically underserved communities.

Key Pillar: Equity
Timing: Phase 1
Cost: Low-Medium
AR 1.2 Develop one or more demonstration projects which can be used to educate the community about natural infrastructure solutions.

Key Pillar: Engagement
Timing: Phase 2
Cost: Medium
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Measure AR-2: Bolster emergency preparedness and response by integrating climate adaptation and improving climate-related communications.

The potential public health impacts from climate change may be significant. Integrating climate change projections into emergency preparedness and response will allow the City to better protect its communities. This is especially important for hazards such as poor air quality and extreme heat, for which Cupertino has lower adaptive capacity. The following actions describe opportunities to bolster the City’s emergency preparedness and response.

Benefits
 Enhanced public health and safety
 Greater resilience to climate hazards, especially poor air quality  Increased community capacity and resilience
Actions to support Measure AR-2 are included in Table 27. 250
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Table 27 Measure AR-2 Actions
Action
ID Action Description
AR 2.1 By 2023, create Key Performance Indicators (KPIs) to track pollutants from local air quality monitoring data and incorporate regular reporting of air quality KPIs into CAP reports and live interactive public dashboards.

Key Pillar: Engagement
Timing: Phase 1
Cost: Low-Medium
AR 2.2 Provide wildfire smoke guidance and protocols for municipal employees to ensure their safety when air quality is poor.

Key Pillar: Engagement
Timing: Phase 1
Cost: Low
AR 2.3 Integrate the vulnerability assessment results into emergency preparedness, management, response, and early warning systems.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low
AR 2.4 Partner with the County of Santa Clara Vector Control District and Public Health Department to develop and enhance disaster and emergency early warning systems that incorporate objective data and information for potential health threats such as heat-illness, illnesses complicated by adverse air quality, and inundation and precipitation events.

Key Pillar: Partnerships
Timing: Phase 2
Cost: Low-Medium
AR 2.5 Develop new educational materials that cover each climate hazard identified in the vulnerability assessment. Provide these materials in at least three different languages and several formats for the widest audience.

Key Pillar: Engagement
Timing: Phase 1
Cost: Low
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Measure AR-3: Strengthen Community Capacity and Resilience through Education, Resources, and Policies
Strong communities have greater resilience and disaster recovery.51 Social relationships can provide community members with emotional support, empower them to prepare for disasters, spread essential information, and promote problem-solving.52 Strong communities care for each other and can supplement government response during an emergency.53 By building community capacity, communities are empowered to learn about and adapt to climate hazards to protect their families and each other.

Benefits
 Increased community capacity and resilience
 Enhanced public health and safety
 Greater resilience to climate hazards
 Stronger social relationships and civic engagement
51 Ivan Townshend, Olu Awosoga, Judith Kulig, and HaiYan Fan. Natural Hazards. November 2014.

Social cohesion and resilience across communities that have experienced a disaster. Available:
https://www.researchgate.net/publication/268743797_Social_cohesion_and_resilience_across_commu nities_that_have_experienced_a_disaster
52 Tim Prior and Christine Eriksen. Global Environmental Change. 2013. Wildfire preparedness, community cohesion and social-ecological systems. Available:
https://ro.uow.edu.au/sspapers/616/?utm_source=ro.uow.edu.au%2Fsspapers%2F616&utm_medium=P DF&utm_campaign=PDFCoverPages
53 Kelly Bergstrand and Brian Mayer. Society & Natural Resources. 2020. “The Community Helped Me:” Community Cohesion and Environmental Concerns in Personal Assessments of Post-Disaster Recovery, Society & Natural Resources. Available: https://rc.library.uta.edu/utair/bitstream/handle/10106/29585/The%20Community%20Helped%20Me%20Community%20Cohesion%2 0and%20Environmental%20Concerns%20in%20Personal%20Assessments%20of%20Post%20Disaster%20Re covery_postprint.pdf?sequence=1&isAllowed=y.
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Table 28 Measure AR-3 Actions
Action
ID Action Description
AR 3.1 Educate communities about the health risks of climate hazards and engage them in strengthening community resilience such as block-level climate resilience training and resilience hubs.

Key Pillar: Engagement
Timing: Phase 2
Cost: Low-Medium
AR 3.2 Enroll 400 households by the end of Phase 2 to participate in a climate resiliency block training program. The curriculum will include household preparedness planning as well as basic education on climate hazard awareness.

Key Pillar: Engagement
Timing: Phase 1-2
Cost: Low-Medium
AR 3.3 Bring policies for the City Council to consider that would achieve Gold ratings in all categories set forth by the County of Santa Clara Healthy Cities Index.

Key Pillar: Structural Change
Timing: Phase 2
Cost: Low
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Measure AR-4: Update the Adaptation Strategy and Action Plan in Coordination with the County of Santa Clara.

Climate science and projections change over time as scientific techniques improve, more information becomes available, and factors such as population growth and development change. More research and novel adaptation practices may also emerge. To use the most upto-date information and best adaptation practices, the City plans to update this adaptation strategy in partnership with the County of Santa Clara. This will allow the City to take advantage of synergies with County adaptation plan which is under development, as well as access county-level projections and other information.

Table 29 Measure AR-4 Actions
Action
ID Action Description
AR 4.1 Update this adaptation strategy in coordination with the County of Santa Clara. Cascade recommendations from the climate vulnerability assessment into the Cupertino General Plan – Safety Element as required by State Bill (SB) 379.

Key Pillar: Structural Change
Timing: Phase 1
Cost: Low-Medium
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13 Implementation

13.1 Monitoring, Tracking, and Reporting
This Climate Action Plan outlines the steps that Cupertino will take to achieve the Cupertino 2030 climate target and to make progress towards the goal of attaining and maintaining carbon neutrality by 2040 and beyond. The underlying assumptions and data informing this plan including adoption rates of measures and actions, the emergence of new or improved technologies, changes in costs of technology, legislative changes, and cobenefits will continue to change and evolve over time. Therefore, this CAP should be viewed as a strategic framework that will be re-evaluated on a regular basis.

The City remains committed to the sustained, iterative, and inclusive effort required to achieve the long-term climate targets outlined in this CAP. The City will continue to engage the community, provide informative progress updates, and create ongoing opportunities to solicit and incorporate community feedback as policies and programs are developed and infrastructure is constructed. The City will report publicly on its progress towards its highimpact mitigation and adaptation measures no less than every two years via CDP-ICLEI Unified Reporting System or similar reporting platform.

Monitoring and evaluation of Cupertino’s progress will be an essential part of ongoing communitywide GHG reduction efforts. The City will conduct communitywide GHG emissions inventories on a routine basis in alignment with GHG standard protocols and climate commitments,54 but no less than every three years. If the City’s 2025 GHG emissions reductions are on track to reach the 2030 Conclusion targets, it is anticipated that no additional CAP measure adjustments would be necessary. If the City has not made sufficient progress on GHG emissions reduction goals by 2025, a CAP update may be required at that time to maintain status as a CEQA-qualified GHG emissions reduction plan.

Such a CAP update could require additional actions such as shifting incentive programs to mandatory requirements. If there has been sufficient progress towards meeting GHG emissions targets, the next CAP update will be completed by 2030. 54 Global Covenant of Mayors current guidance is to conduct GHG inventory updates every two years: globalcovenantofmayors.org
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13.2 Funding
Cupertino’s Sustainability team has been pro-active to date in applying for and securing grant funds to support its activities. There are many sources of funding for sustainability actions from the regional, state, and federal governments. Funding requests to implement measures and actions in this plan will be brought for consideration by the City Council by in the respective budget cycle.

13.3 Looking Forward
If the City has not made sufficient progress on GHG emissions reduction goals by the next CAP review, a CAP update may be required to establish new or more robust emission reduction goals to increase emissions reductions and maintain status as a CEQA-qualified GHG emissions reduction plan. The next CAP update could require additional implementation of the existing actions and/or additional actions such as shifting incentive and educational programs to mandatory requirements. A complete CAP update for post2030 emissions reductions targets will be required, and the City shall begin this effort by 2029.

In 2029, it is expected that the City will begin preparing an updated Climate Action Plan to revisit and update the approach outlined in CAP 2.0 and to develop new or updated measures. By the end of the decade, it is anticipated that new technologies and state mandates will be adopted that will facilitate further GHG emissions reductions, but the City will need to act to meet the long term 2040 carbon neutrality goal. The City will conduct ongoing implementation monitoring of the CAP 2.0 GHG emissions reduction and adaptation measures and report out on this progress to City Council on a regular basis beginning in 2023.
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14 Conclusion
The City of Cupertino has a history of strong climate leadership. By implementing the 2015 Climate Action Plan, the City took bold action to reduce GHG emissions by 15% below 2010 levels and laid a foundation for long-term climate action. The City of Cupertino was among the first cities to declare a local climate emergency. This continuous commitment to climate protection has led to large strides towards ambitious emissions reduction goals and has enhanced the cohesivity and quality of life within the Cupertino community. The community of Cupertino can act now and over the next two decades to do its fair share in reducing GHG emissions that contribute to climate change. This CAP 2.0 provides the blueprint for continued progress towards a more resilient, prosperous, and sustainable Cupertino achieved through the collective efforts of all Cupertino community members. 257
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15 Acknowledgements
The Climate Action Plan 2.0 was prepared
by a City project team in partnership with
the community. The following are
specifically acknowledged for their
contributions.

Members of City Council
Mayor Darcy Paul
Vice Mayor Liang Chao
Councilmember Kitty Moore
Councilmember Hung Wei
Councilmember Jon Willey
Rod Sinks (former councilmember)
Steven Scharf (former councilmember)
Cupertino Sustainability
Commission
Chair Vignesh Swaminathan
Vice Chair Anna Weber
Commissioner Meera Ramanathan
Commissioner Sonali Padgaonkar
Commissioner Steve Poon
Gary Latshaw (former commissioner)
Ram Mohan (former commissioner)
City Administration
Jim Throop, City Manager
Dianne Thompson, Asst. City Manager
Christopher Jensen, City Attorney
Katy Nomura, Deputy City Manager
Deborah Feng (former City Manager)
City Project Team
André Duurvoort, Sustainability Manager
Gilee Corral, Climate and Utilities Analyst
Karen Chen, AmeriCorps Fellow
Victoria Morin, Outreach Coordinator
Contributing Departments
Administrative Services:

Kristina Alfaro, Director
Zach Korach, Finance Manager
Community Development:

Benjamin Fu, Director
Albert Salvador, Building Official
Gian Martire, Senior Planner
Kerri Heusler, Housing Manager
Piu Ghosh, Planning Manager
Innovation & Technology:

Bill Mitchell, Director
Parks & Recreation:

Joanne Magrini, Director
Rachelle Sander, Asst. Director
Public Works:

Roger Lee, Director (former)
Chad Mosley, Assistant Director
Chris Corrao, Senior Transit Planner
David Stillman, Transportation Manager
Jonathan Ferrante, Supervisor, Arborist
Ursula Syrova, Env. Programs Manager
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Consulting Team
Rincon Consultants, Inc.

Cascadia Consulting Group
Hatch
Community Stakeholder
Participants
Apple
Bay Area Air Quality Management
District (BAAQMD)
Cupertino CERT
First Maganson Holdings, Inc
Fremont Union High School District
Kimco Realty Corp.

Recology South Bay
Rotary Club of Cupertino
St. Jude’s Episcopal Church
San Jose Water
Sierra Club, Loma Prieta Chapter
Silicon Valley Youth Climate Action
StopWaste
SV Youth Climate Action
Valley Water
West Valley Community Services
Youth Environmental Power Initiative
External Partners
County of Santa Clara
Silicon Valley Clean Energy
ICLEI Local Governments for
Sustainability
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1 Appendix A ‐ Climate Regulatory Context
As the impacts of climate change are being recognized, many strategies that address climate change have emerged at several different levels of government. This appendix provides an overview of the regulatory context at the international, State, and local levels relative to Cupertino’s actions toward reducing its communitywide greenhouse gas (GHG) emissions.

International Climate Action Guidance
1992 United Nations Framework Convention on Climate Change The primary international regulatory framework for GHG reduction is the United Nations Framework Convention on Climate Change Paris Agreement (UNFCCC). The UNFCCC is an international treaty adopted in 1992 with the objective of stabilizing atmospheric GHG concentrations to prevent disruptive anthropogenic climate change. The framework established non‐binding limits on global GHG emissions and specified a process for negotiating future international climate‐related agreements.1

1997 Kyoto Protocol
The Kyoto Protocol is an international treaty that was adopted in 1997 to extend and operationalize the UNFCCC. The protocol commits industrialized nations to reduce GHG emissions per county‐ specific targets, recognizing that they hold responsibility for existing atmospheric GHG levels. The Kyoto Protocol involves two commitment periods during which emissions reductions are to occur, the first of which took place between 2008‐2012 and the second of which has not entered into force. 2
2015 The Paris Agreement
The Paris Agreement is the first‐ever universal, legally binding global climate agreement that was adopted in 2015 and has been ratified by 189 countries worldwide.3 The Paris Agreement
establishes a roadmap to keep the world under 2° C of warming with a goal of limiting an increase of temperature to 1.5° C. The agreement does not dictate one specific reduction target, instead relying on individual countries to set nationally determined contributions (NDCs) or reductions based on GDP and other factors. According to the International Panel on Climate Change (IPCC) limiting global warming to 1.5° C will require global emissions to reduce through 2030 and hit carbon neutrality by mid‐century.4
1 United Nations Framework Convention on Climate Change (UNFCCC). United Nations Framework Convention on Climate Change. https://unfccc.int/files/essential_background/background_publications_htmlpdf/application/pdf/conveng.pdf 2 UNFCCC. What is the Kyoto Protocol? https://unfccc.int/kyoto_protocol 3 UNFCCC. Paris Agreement ‐ Status of Ratification. https://unfccc.int/process/the‐paris‐agreement/status‐of‐ratification 4 IPCC. Global Warming of 1.5 C. https://www.ipcc.ch/sr15/ 260
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2 California Regulations and State GHG Targets
California remains a global leader in the effort to reduce GHG emissions and combat climate change through its mitigation and adaptation strategies. With the passage of Assembly Bill (AB) 32 in 2006, California became the first state in the United States to mandate GHG emission reductions across its entire economy. To support AB 32, California has enacted legislation, regulations, and executive orders (EO) that put it on course to achieve robust emission reductions and address the impacts of a changing climate. The following is a summary of executive and legislative actions most relevant to the CAP.
2002 Senate Bill 1078
In 2002, SB 1078, established the California Renewables Portfolio Standards (RPS) Program and was accelerated in 2006 by SB 107, requiring that 20 percent of retail electricity sales be composed of renewable energy sources by 2010. EO S‐14‐08 was signed in 2008 to further streamline California's renewable energy project approval process and increase the State's RPS to the most aggressive in the nation at 33 percent renewable power by 2020.
2002 Assembly Bill 1493
In 2002, AB 1493, also known as the Pavley Regulations, directed the California Air Resources Board (CARB) to establish regulations to reduce GHG emissions from passenger vehicles to the maximum and most cost‐effective extent feasible. CARB approved the first set of regulations to reduce GHG emissions from passenger vehicles in 2004, with the regulations initially taking effect with the 2009 model year.
2005 Executive Order S‐3‐05
Executive Order (EO) S‐3‐05 was signed in 2005, establishing Statewide GHG emissions reduction targets for the years 2020 and 2050. The EO calls for the reduction of GHG emissions in California to 2000 levels by 2010, 1990 levels by 2020, and 80 percent below 1990 levels by 2050. The 2050 emission reductions target would put the State’s emissions in line with the worldwide reductions needed to reach long‐term climate stabilization as concluded by the IPCC 2007 Fourth Assessment Report.
2006 Assembly Bill 32
California’s major initiative for reducing GHG emissions is outlined in AB 32, the “California Global Warming Solutions Act of 2006,” which was signed into law in 2006. AB 32 codifies the Statewide goal of reducing GHG emissions to 1990 levels by 2020 and requires CARB to prepare a Scoping Plan that outlines the main State strategies for reducing GHG emissions to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of Statewide GHG emissions.

Based on this guidance, CARB approved a 1990 Statewide GHG baseline and 2020 emissions limit of 427 million metric tons of CO2 equivalent (MMT CO2e). The Scoping Plan was approved by CARB on December 11, 2008 and included measures to address GHG emission reduction strategies related to energy efficiency, water use, and recycling and solid waste, among other measures. Many of the GHG reduction measures included in the Scoping Plan (e.g., Low Carbon Fuel Standard, Advanced 261
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3 Clean Car standards,5 and Cap‐and‐Trade) have been adopted since approval of the Scoping Plan.

In May 2014, CARB approved the first update to the AB 32 Scoping Plan. The 2014 Scoping Plan update defined CARB’s climate change priorities for the next five years and set the groundwork to reach post‐2020 Statewide goals. The update highlighted California’s progress toward meeting the “near‐term” 2020 GHG emission reduction goals defined in the original Scoping Plan. It also evaluated how to align the State’s longer‐term GHG reduction strategies with other State policy priorities, including those for water, waste, natural resources, clean energy, transportation, and land use (CARB 2014).
2007 Executive Order S‐1‐07
Also known as the Low Carbon Fuel Standard, EO S‐1‐07, issued in 2007, established a Statewide goal that requires transportation fuel providers to reduce the carbon intensity of California’s transportation fuels by at least 10 percent by 2020. EO S‐1‐07 was readopted and amended in 2015 to require a 20 percent reduction in carbon intensity by 2030, the most stringent requirement in the nation. The new requirement aligns with California’s overall 2030 target of reducing climate changing emissions 40 percent below 1990 levels by 2030, which was set by Senate Bill 32 and signed by the governor in 2016.
2007 Senate Bill 97
Signed in August 2007, SB 97 acknowledges that climate change is an environmental issue that requires analysis in California Environmental Quality Act (CEQA) documents. In March 2010, the California Natural Resources Agency adopted amendments to the State CEQA Guidelines for the feasible mitigation of GHG emissions or the effects of GHG emissions. The adopted guidelines give lead agencies the discretion to set quantitative or qualitative thresholds for the assessment and mitigation of GHG and climate change impacts.
2008 Senate Bill 375
SB 375, signed in August 2008, enhances the State’s ability to reach AB 32 goals by directing CARB to develop regional GHG emission reduction targets to be achieved from passenger vehicles by 2020 and 2035. In addition, SB 375 directs each of the State’s 18 major Metropolitan Planning Organizations (MPOs), including the Metropolitan Transportation Commission (MTC), to prepare a “sustainable communities strategy” (SCS) that contains a growth strategy to meet these emission targets for inclusion in the MPO’s Regional Transportation Plan (RTP).

On March 22, 2018, CARB adopted updated regional targets for reducing GHG emissions from 2005 levels by 2020 and 2035.
2009 California Green Building Code
The California Green Building Standards Code (CALGreen) is Part 11 of the California Building Standards Code or Title 24 and is the first Statewide “green” building code in the nation. The purpose of CALGreen is to improve public health, safety, and general welfare by enhancing the 5 On September 19, 2019, the National Highway Traffic Safety Agency (NHTSA) and the US Environmental Protection Agency (EPA) issued a final action entitled the One National Program on Federal Preemption of State Fuel Economy Standards Rule. This action finalizes Part I of the Safer, Affordable, Fuel‐Efficient (SAFE) Vehicles Rule. This rule states that federal law preempts State and local tailpipe greenhouse gas (GHG) emissions standards as well as zero emission vehicle (ZEV) mandates. The SAFE Rule withdraws the Clean Air Act waiver it granted to California in January 2013 as it relates to California’s GHG and zero emission vehicle programs. 262
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4 design and construction of buildings. Enhancements include reduced negative impact designs, positive environmental impact designs, and encouragement of sustainable construction practices.

The first CALGreen Code was adopted in 2009 and has been updated in 2013, 2016, and 2019. The CALGreen Code will have subsequent, and continually more stringent, updates every three years. 2009 Senate Bill X7‐7
In 2009, SB X7‐7, also known as the Water Conservation Act, was signed, requiring all water suppliers to increase water use efficiency. This legislation sets an overall goal of reducing per capita urban water use by 20 percent by2020.
2011 Senate Bill 2X
In 2011, SB 2X was signed, requiring California energy providers to buy (or generate) 33 percent of their electricity from renewable energy sources by 2020. 2012 Assembly Bill 341
AB 341 directed the California Department of Resources Recycling and Recovery (CalRecycle) to develop and adopt regulations for mandatory commercial recycling. As of July 2012, businesses are required to recycle, and jurisdictions must implement a program that includes education, outreach, and monitoring. AB 341 also set a Statewide goal of 75 percent waste diversion by the year 2020. 2014 Assembly Bill 32 Scoping Plan Update
In 2014, CARB approved the first update to the Scoping Plan. This update defines CARB’s climate change priorities and sets the groundwork to reach the post‐2020 targets set forth in EO S‐3‐05. The update highlights California’s progress toward meeting the near‐term 2020 GHG emissions reduction target, defined in the original Scoping Plan. It also evaluates how to align California’s longer‐term GHG reduction strategies with other Statewide policy priorities, such as water, waste, natural resources, clean energy, transportation, and land use. 2014 Assembly Bill 1826
AB 1826 was signed in 2014 to increase the recycling of organic material. GHG emissions produced by the decomposition of these materials in landfills were identified as a significant source of emissions contributing to climate change. Therefore, reducing organic waste and increasing composting and mulching are goals set out by the AB 32 Scoping Plan. AB 1826 specifically requires jurisdictions to establish organic waste recycling programs by 2016, and phases in mandatory commercial organic waste recycling over time.
2015 Senate Bill 350
SB 350, the Clean Energy and Pollution Reduction Act of 2015, has two objectives: to increase the procurement of electricity from renewable sources from 33 percent to 50 percent by 2030 and to double the energy efficiency of electricity and natural gas end users through energy efficiency and conservation.
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5 2015 Executive Order B‐30‐15
In 2015, EO B‐30‐15 was signed, establishing an interim GHG emissions reduction target to reduce emissions to 40 percent below 1990 levels by 2030. The EO also calls for another update to the CARB Scoping Plan.
2016 Senate Bill 32
On September 8, 2016, the governor signed SB 32 into law, extending AB 32 by requiring the State to further reduce GHGs to 40 percent below 1990 levels by 2030 (the other provisions of AB 32 remain unchanged). The bill charges CARB to adopt the regulation so that the maximum technologically feasible emissions reductions are achieved in the most cost‐effective way. 2016 Senate Bill 1383
Adopted in September 2016, SB 1383 requires CARB to approve and begin implementing a comprehensive strategy to reduce emissions of short‐lived climate pollutants. The bill requires the strategy to achieve the following reduction targets by 2030:
 Methane – 40 percent below 2013 levels
 Hydrofluorocarbons – 40 percent below 2013 levels
 Anthropogenic black carbon – 50 percent below 2013 levels SB 1383 also requires the CalRecycle, in consultation with the CARB, to adopt regulations that achieve specified targets for reducing organic waste in landfills. The bill further requires 20% of edible food disposed of at the time to be recovered by 2025. 2017 Scoping Plan Update
On December 14, 2017, CARB adopted the 2017 Scoping Plan, which provides a framework for achieving the 2030 goal set by SB 32. The 2017 Scoping Plan relies on the continuation and expansion of existing policies and regulations, such as the Cap‐and‐Trade Program, as well as implementation of recently adopted policies, such as SB 350 and SB 1383 .

The 2017 Scoping Plan also puts an increased emphasis on innovation, adoption of existing technology, and strategic investment to support its strategies. As with the 2014 Scoping Plan Update, the 2017 Scoping Plan does not provide project‐level thresholds for land use development.

Instead, it recommends that local governments adopt policies and locally appropriate quantitative thresholds consistent with Statewide per capita goals of six metric tons (MT) CO2e by 2030 and two MT CO2e by 2050 (CARB 2017). As stated in the 2017 Scoping Plan, these goals may be appropriate for plan‐level analyses (city, county, subregional, or regional level), but not for specific individual projects because they include all emissions sectors in the State. 2018 Senate Bill 100
Adopted on September 10, 2018, SB 100 supports the reduction of GHG emissions from the electricity sector by accelerating the State’s Renewables Portfolio Standard Program, which was last updated by SB 350 in 2015. SB 100 requires electricity providers to increase procurement from eligible renewable energy resources to 33 percent of total retail sales by 2020, 60 percent by 2030, and 100 percent by 2045.
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6 2018 Executive Order B‐55‐18
Also, on September 10, 2018, the governor issued Executive Order B‐55‐18, which established a new Statewide goal of achieving carbon neutrality by 2045 and maintaining net negative emissions thereafter. This goal is in addition to the existing Statewide GHG reduction targets established by SB 375, SB 32, SB 1383, and SB 100.
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Rincon Consultants, Inc.
4 4 9 1 5 t h S t r e e t , S u i t e 3 0 3
Oakland, California 94612
5 1 0 8 3 4 4 4 5 5 O F F I C E
i n f o @ r i n c o n c o n s u l t a n t s. c o m
w w w . r i n c o n c o n s u l t a n t s . c o m
E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s January 26, 2022
Project 21-10845
Andre Duurvoort, Sustainability Manager
City of Cupertino, City Manager’s Office
Via email: [email protected]
Subject: Future GHG Emissions Forecasts Memorandum
Cupertino Climate Action Plan Update
As part of Task 4 of the Cupertino Climate Action Plan (CAP) Update, Rincon Consultants, Inc. (Rincon) has calculated future greenhouse gas (GHG) emissions forecasts for GHG emissions sources associated with land use in Cupertino. The GHG emissions forecasts are based on the 2018 GHG emissions inventory and utilize Cupertino specific demographics projections. The forecasts were developed to better understand how population and job growth in Cupertino could affect future GHG emissions in the years 2023, 2036, 2030, 2035, 2040, and 2045. The GHG emissions forecast presents two scenarios:
 Business-as-Usual Scenario (BAU) that projects GHG emissions levels that scale with population, employment and transportation growth consistent with regional projections, and  Adjusted Scenario (Adjusted) that accounts for GHG reductions expected to occur from adopted State legislation.

These two forecast scenarios allow for an understanding of how GHG emissions levels may evolve without further action and how State legislation will contribute to reducing future GHG emissions levels.

GHG Emissions Sectors and Sources
The GHG emissions forecast presented herein is based on the 2018 GHG emissions inventory calculated for Cupertino. Several updates to the transportation and commercial/industrial sectors were made to incorporate data from updated transportation models and energy data sets that were not available during the initial preparation of the 2018 inventory. Updates to the 2018 inventory will be described in further detail in the Baseline 2018 GHG Emissions Inventory section. The GHG emissions sources included in this analysis align with those in the GHG inventory, which includes GHG emissions sources related to land use and transportation in the Cupertino planning area. The GHG emissions sectors and associated sources included in this analysis are provided in Table 1.

Appendix B - GHG Inventory Methodology
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2 Table 1 Cupertino GHG Emissions Sectors and Sources
Updates to the Cupertino 2018 GHG Emissions Inventory
The GHG emissions forecast analysis presented here is based upon the emissions levels from each emissions source included in the 2018 GHG emissions inventory, apart from the transportation and commercial/industrial sectors that were updated based on more recently available energy data and transportation models. Sources updated for the 2018 GHG Inventory baseline year include both on-road transportation, off-road vehicle emissions and commercial natural gas. The new transportation models described in more detail below are widely accepted and regularly updated; this contributes to consistency and replicability of the data for future forecasts.

Transportation Sector Updates
The 2018 GHG emissions inventory transportation sector was updated for both on- and off-road emissions sources. On-road transportation activity data, measured in vehicle miles traveled (VMT), was calculated using the Metropolitan Transportation Commission (MTC) VMT Data portal. On-road transportation emissions were recalculated using the updated VMT data and updated emissions factors were derived from the California Air Resources Board (CARB) EMission FACtor (EMFAC) 2021 on-road model. In addition, passenger and commercial electric vehicle (EV) electricity consumption was updated using EMFAC 2021. Passenger and commercial EV emissions from electricity consumption are subtracted from residential and commercial energy emissions respectively and then added to the transportation sector for 2018. In forecast years, emissions from EV charging are attributed to the transportation sector. This emissions reallocation is labeled as an “EV adjustment” in the forecasts. Off-road activity data, measured in gallons of fuel consumed by fuel type, was updated using the recently released OFFROAD2021 off-road emissions database, per CARB recommendations. The updated analysis includes the same vehicle classes used in the 2018 GHG inventory, using the newer model of vehicle classes for which there is updated data. The updated inventory also aggregates off-road activity by fuel type and GHG Emissions Sector GHG Emissions Source
Transportation Passenger On-Road Transportation
Commercial On-Road Transportation
Passenger On-Road – EV adjustment
Commercial On-Road – EV adjustment
Off Road - Diesel
Off Road - Gasoline
Off Road - Natural Gas (LPG)
Residential Residential Electricity Consumption1
Residential Natural Gas Consumption
Residential Natural Gas Fugitive Emissions
Commercial/Industrial Commercial/Industrial Electricity Consumption1 Commercial/Industrial Natural Gas Consumption
Commercial/Industrial Natural Gas Fugitive Emissions
Wastewater Effluent from Treatment and Discharge of Wastewater Solid Waste Methane Commitment of Solid Waste Generated by Community 1 Electricity Consumption includes electricity provided by Pacific Gas and Electric, Silicon Valley Clean Energy, and Direct Access sources. 267
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3 allocates these emissions to the transportation sector, rather than attributing them to the residential or commercial/industrial sectors.

Energy Sector Updates
Commercial/industrial natural gas consumption was updated to better incorporate detailed natural gas data from Apple’s fuel cell. Apple is a large employer and user of natural gas in Cupertino, and therefore accounts for a large portion of the commercial/industrial natural gas. In an effort to reduce GHG emissions, Apple directly purchases biofuel through a book and claim agreement to power their fuel cell, located in Cupertino. The gas which arrives at Apple is delivered via PG&E infrastructure and is included in the natural gas total for the City.

Just like GHG-free electricity, which produces a Renewable Energy Credit (REC), biofuel generates a fuel attribute in the United States that can be bought or sold separately from the fuel itself, which is typically injected into the nearest common pipeline where it becomes indistinguishable from the other natural gas in the system. The fuel attribute is matched with the unit of energy purchased (therms, and that attribute belongs to the purchaser of the biofuel who holds the market credit. Apple purchases enough biofuel annually to power the fuel cell. The biofuel is then directly injected into a common natural gas pipeline in the United States.

Because the biogas avoids natural gas usage equal to Apple’s fuel cell usage within the geographical boundaries of the United States, which is not being claimed by anyone else, natural gas fuel cell CO2 emissions are considered zero. This process is verified annually through Apple’s regular sustainability reporting. This approach to accounting for biofuels is supported by the California Air Resources Board as part of their Low Carbon Fuel Standard program.1
Furthermore, while the U.S. Community Protocol
“does not provide guidance on quantifying or reporting on GHG benefits associated with; actions that have been or could be taken to reduce emissions, carbon offset projects, purchased carbon credits, or renewable energy credits” they do state that information on these types of activities is “best presented in the context of climate action plans”.2
Therefore, as a key action towards decarbonization of the City, Cupertino will track the GHG reduction benefits of biofuels and electricity RECs (which are commonly included in the GHG emission factor for electricity) moving forward.

The biofuel usage for the fuel cell was separated from the commercial/industrial natural gas usage total for the City and updated in the 2018 GHG emissions inventory as a separate line item with its own emission factor. The GHG emission factor associated with Apple’s biofuel was zero MT CO2e per therm.

However, note that the activity data used in the calculation of GHG emissions from commercial methane leakage includes both Apple and non-Apple gas usage, since biogas is still associated with methane leakage.
1 https://ww2.arb.ca.gov/sites/default/files/classic/fuels/lcfs/guidance/lcfsguidance_19-05.pdf 2 https://icleiusa.org/us-community-protocol/
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4 Updated Cupertino 2018 GHG Emissions Inventory
A detailed summary of the updated 2018 GHG emissions inventory, incorporating the aforementioned individual sector updates, is provided in Table 2.

Table 2 Cupertino 2018 GHG Emissions Inventory Summary
GHG Emissions Sector/Source CO2
(MT)
CH4
(MT)
N2O
(MT)
CO2e
(MT)
Activity
Data
Activity
Data
Units
Transportation
Passenger On-Road Transportation 130,863.9 8.2 5.8 132,635.3 381,045,902 VMT Commercial On-Road Transportation 26.8 0.0 0.0 26.9 54,876,773 VMT Passenger On-Road - EV adjustment 71,440.1 3.8 9.2 73,972.1 6,030,572 kWh Commercial On-Road - EV adjustment 0.0 0.0 0.0 0.0 0 kWh Off Road - Diesel 6,351.6 0.2 0.3 6,431.7 622,096 Gallons Off Road - Gasoline 4,506.6 4.5 0.1 4,651.3 513,280 Gallons Off Road - Natural Gas (LPG) 2,841.0 0.4 0.2 2,908.0 500,185 Gallons Residential
Residential Electricity - PG&E 253.5 0.0 0.0 255.8 2,660,801 kWh Residential Electricity - SVCE 186.0 - - 186.0 97,465,119 kWh Residential Electricity - Direct Access 5.4 0.0 0.0 5.5 23,128 kWh Residential Natural Gas 43,428.3 N/A N/A 43,428.3 8,186,706 Therms Natural Gas Fugitive - Residential 0.5 50.7 N/A 1,420.3 8,186,706 Therms Commercial/Industrial
Commercial/Industrial Electricity –PG&E 283.9 0.0 0.0 286.6 2,980,736 kWh Commercial/Industrial Electricity – SVCE 214.9 0.0 0.0 214.9 112,588,606 kWh Commercial/Industrial Electricity – Direct Access
Other 3,544.5 0.4 0.0 3,564.1 15,098,936 kWh
Commercial/Industrial Electricity – Direct Access
Apple 0.0 0.0 0.0 0.0 186,780,000 kWh
Commercial/Industrial Electricity – EV adjustment 0.0 0.0 0.0 0.0 0 kWh Commercial/Industrial Natural Gas – PG&E1 39,957.1 N/A N/A 39,957.1 7,532,350 Therms Commercial/Industrial Biofuel – Apple Fuel Cell1 0.0 N/A N/A 0.0 2,324,300 Therms Natural Gas Fugitive - Commercial 0.7 61.1 N/A 1,710.1 9,856,650 Therms Wastewater
Wastewater Treatment and Discharge
N/A 695.0 0.7 19,634.5 136,216
BOD5
Treated
Solid Waste
Solid Waste Generated/Disposal
N/A 561.1 N/A 15,709.4 30,470
Tons
Landfilled
N/A = not applicable; CO2 = carbon dioxide; CH4 = methane; N2O = nitrous oxide; CO2e = carbon dioxide equivalent; PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; kWh = kilowatt-hour; EV = electric vehicle.

1. Note that CH4 and N2O emissions from natural gas were considered de minimis and excluded from the inventory. For example, including CH4 and N2O combustion emissions from natural gas would increase total inventoried natural gas combustion GHG emissions by just 0.1%. 269
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5 Business-as-usual GHG Emissions Forecast
A BAU GHG emissions forecast uses demographic projections and modeled on- and off-road transportation emissions to estimate future GHG emissions without the influence of approved GHG reduction legislation or policies. The BAU forecast is based on growth projected trends in population, and employment over time, consistent with local and regional projections. The BAU forecast does not account for GHG emissions reductions associated with local GHG reduction measures or legislative actions. BAU forecasts were estimated for 2023, 2026, 2030, 2035, 2040 and 2045. The BAU GHG emissions projections were calculated based on the guidance of the Association of Environmental Professionals 2012 whitepaper Forecasting Communitywide GHG Emissions and Setting Reduction Targets. To develop a GHG emissions forecast, the appropriate “growth metrics” (e.g., population, housing, and employment projections) are multiplied by BAU “growth indicators”, which represent a baseline metric developed from the baseline GHG emissions inventory. This allows for projections of activity data that can be converted into GHG emissions estimates using specific GHG emissions factors, which is assumed to be the same in the future as in the 2018 GHG emissions inventory. The result is a BAU forecast in which GHG emissions change with time in relation to demographics, with the assumption that GHG emissions rates and activity data will continue in the future as they did in the year of the 2018 GHG emissions inventory. This methodology is used for all GHG emissions sectors and sources included in the 2018 GHG emissions inventory, with the exception of two sectors. The first is direct access electricity consumption for the Apple campus, which is held constant across the forecasted time period, under the assumption there will be no expansion of the campus. Emission factors for Apple’s direct access electricity were zero in the 2018 baseline inventory, so this assumption does not change the emissions projected in the BAU forecast. The second sector to use a different methodology for the BAU forecast is the off-road emissions sector. To forecast off-road emissions, the OFFROAD2021 off-road emissions database was used to project fuel use since no significant GHG emission reduction legislation is included in the model. The following provides an overview of the growth metrics, growth indicators, and GHG emissions factors used to project GHG emissions for the BAU forecast calculations.

Growth Metrics
GHG emissions are largely driven by consumption of fuel and energy, and generation of solid waste and wastewater by residents, households, and employees in a jurisdiction. As such, as population and employment grow over time, it is expected that GHG emissions levels will also grow. In a BAU forecast, this growth is assumed to be the primary metric for determining changes in future GHG emissions. For the Cupertino planning area, the growth and demographic projections used as the growth metrics for the BAU GHG emissions forecast were drawn from Plan Bay Area 2040 data portal. Plan Bay Area 2040 was developed as a joint effort between the Metropolitan Transportation Commission, the region’s transportation planning, financing, and coordinating agency, and the Association of Bay Area Governments, the regional planning agency and Council of Governments. Cupertino growth metrics for the BAU forecast, are provided in Table 3.
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6 Table 3 Plan Bay Area Growth Metrics for Cupertino BAU GHG Emissions Forecast Growth Indicators
Growth indicators were developed from the baseline 2018 GHG emissions inventories by dividing the activity data for each emissions source by the appropriate metric for the year 2020. The appropriate metric used for each growth indicator is developed based on the relevance of the GHG emissions source.

For example, residential energy consumption would be expected to grow with the number of new households, commercial/industrial energy consumption would be expected to grow with the number of new jobs, and total solid waste generation would be expected to grow with both residents and employment (service population). Table 4 provides the metrics that were associated with each GHG emissions sector to develop growth indicators and project GHG emissions from each GHG emissions source in the respective sectors. Different growth metrics were used for the transportation sector as appropriate for each source, that variation is reflected in the table. Growth for passenger on-road transportation activity was modeled separately using MTC projections.

Table 4 Growth Metrics and Associated GHG Emissions Sectors The growth indicators for Cupertino are provided in Table 5 for each GHG emissions source, excluding passenger on-road transportation and off-road fuel consumption.

Growth Metric 2023 2026 2030 2035 2040 2045
Population1 64,241 64,921 65,690 66,565 68,305 70,090
Employment2 36,137 37,213 37,830 38,055 37,980 37,905
Service Population3 100,378 102,134 103,520 104,620 106,285 107,996 Housing4 22,670 22,777 22,805 27,573 28,071 28,579
Notes: Service Population = Population + Employment
1-4. Plan Bay Area 2040 projections end in 2040. The compound growth rate for 2035-2040 period was used to forecast growth for 2040- 2045 period.

4. Plan Bay Area 2040 Multifamily and Single-Family housing numbers were summed to get the total number housing units. The total RHNA Housing Allocation for 2023-2031 was added to the annual housing estimate for 2031. RHNA housing allocations for Cupertino were drawn from Draft ABAG RHNA Allocations 2023-2031 publication, Table 4.

GHG Emissions Sector GHG Emission Source Associated Growth Metric Growth Metric Data Source Transportation Commercial On-Road Transportation Service Population Plan Bay Area 2040 Passenger On-Road - EV Adjustment Households Plan Bay Area 2040 Commercial On-Road - EV Adjustment Employment Plan Bay Area 2040 Residential All GHG Emissions Sources Households Plan Bay Area 2040 Commercial/Industrial All GHG Emissions Sources Employment Plan Bay Area 2040 Wastewater All GHG Emissions Sources Service Population Plan Bay Area 2040 Solid Waste All GHG Emissions Sources Service Population Plan Bay Area 2040 271
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7 Table 5 Growth Indicators for BAU GHG Emissions Forecast On-Road Activity Data
Activity data for the forecast of passenger on-road transportation was modeled separately from the above growth metrics and growth indicators, using the MTC Vehicle Miles Traveled Data portal output for Cupertino. Climate Action Plan VMT Data was pulled for 2015, 2020, 2030, 2040. Trip data was allocated based on whether the entirety of a trip took place within Cupertino transit area, started or ended within the transit area, or started and ended outside of the transit area. 100 percent of daily trips completely within the jurisdiction, 50 percent of partially-within trips, and 0 percent of outside trips were allocated to Cupertino. Daily VMT data was annualized using the same annualization factor of 338, that DVN GL utilized in the 2018 GHG baseline Inventory. Annual compound growth rates were calculated for each time period, and used to find VMT totals for the years between those provided by the MTC data portal. The growth rate for the 2030-2040 period was used to forecast 2045 VMT activity data. The results are summarized in Table 6.

GHG Emissions Source Cupertino Units
Transportation
Commercial On-Road Transportation 578.2 VMT/Service Population Passenger On-Road - EV Adjustment 267.8 kWh/Household
Commercial On-Road - EV Adjustment 0.0 kWh/Employment
Off Road - Diesel 0.0 OFFROAD Model
Off Road - Gasoline 0.0 OFFROAD Model
Off Road - Natural Gas (LPG) 0.0 OFFROAD Model
Residential
Residential Electricity - PG&E 118.2 kWh/Household
Residential Electricity - SVCE 4,327.9 kWh/Household
Residential Electricity - Direct Access 1.0 kWh/Household Residential Natural Gas 363.5 Therms/Household
Commercial/Industrial
Commercial/Industrial Electricity - PG&E 94.1 kWh/Employment Commercial/Industrial Electricity - SVCE 3,554.3 kWh/Employment Commercial/Industrial Electricity - DAO 476.7 kWh/Employment Commercial/Industrial Electricity - DAA 0.0 MT CO2e/Apple Employee Commercial/Industrial Natural Gas – PG&E 237.79 Therms/Employment Commercial/Industrial Biofuel – Apple Fuel Cell 0.0 Therms/Employment Wastewater
Wastewater Treatment and Discharge 1.4 BOD5 Treated/Service Population Solid Waste
Solid Waste Generated/Disposal 0.3 Tons Landfilled/Service Population Notes: NA = not applicable MT CO2e = metric ton carbon dioxide equivalent; PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; DAO = Direct Access Other; DAA = Direct Access Apple; kWh = kilowatt-hour. 272
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8 Table 6 Cupertino Passenger On-Road Transportation Forecast Off-Road Activity Data
Activity data for the forecast of off-road GHG emissions was modeled separately from the above growth metrics and growth indicators, using the outputs from the CARB web-based OFFROAD2021 off-road emissions database, per CARB recommendations. The OFFROAD2021 database was queried for annual emissions for Santa Clara County for the forecast years to obtain fuel consumption for gasoline, diesel, and natural gas. The BAU GHG Forecast aggregated fuel consumption from the same equipment sectors as the 2018 baseline year. The inclusion of specific equipment sectors from the database query was determined based on their relevance to activities occurring within the City of Cupertino. The following equipment sectors are included in the 2018 baseline year inventory and the GHG emissions forecast:
 Construction and Mining
 Light Commercial
 Industrial
 Portable Equipment
 Recreational Vehicles
 Lawn and Garden
 Transportation Refrigeration Units
The results of the database query were summarized for all equipment sectors in Santa Clara County.

Cupertino was allocated a percentage of county fuel consumption for each sector relative to Cupertino’s proportion of jobs or population in the county. The results are summarized in Table 7.

Table 7 Cupertino BAU GHG Emissions Forecast Off-Road Fuel Consumption Emissions Factors
The BAU GHG emissions forecast is representative of a scenario where community activities are generally similar to that of the baseline 2018 GHG emissions inventory. As such, BAU activity data growth is multiplied by the emissions factors used to calculate GHG emissions from the baseline GHG emissions inventory to generate an estimate of future GHG emissions without influence from GHG reduction policies at the State or local level. The BAU GHG emissions factors for the relevant GHG emissions sources and sectors are provided in Table 8, reported in MT CO2e. GHG emissions factors for Growth Metric 2023 2026 2030 2035 2040 2045
VMT 392,383,890 396,745,143 402,635,644 415,695,482 429,178,926 443,099,718 Notes: VMT = vehicle miles traveled
Data Source: Metropolitan Transportation Commission, Vehicle Miles Traveled Data portal. Available: http://capvmt.us-west2.elasticbeanstalk.com/data.

Off-road Fuel Category 2023 2026 2030 2035 2040 2045
Diesel 747,192 834,695 931,569 980,552 1,003,261 1,024,102 Gasoline 607,314 635,982 658,273 676,795 680,961 657,976 Natural Gas 590,605 620,593 648,514 677,920 690,873 658,042 Notes: All values are of the unit gallons of fuel
Data Source: California Air Resources Board. 2021. OFFROAD2021 v1.0.1 Emissions Inventory . Available: https://arb.ca.gov/emfac/emissionsinventory/b3e3139ff7a2304c48acb2a0684ab41b38c5c26e. Accessed November 30, 2021. 273
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9 direct access electricity provided to Apple is excluded from the below table but is presented in the discussion that follows.

Table 8 BAU GHG Emissions Factors
BAU GHG Emissions Forecast Results
The following provides a summary of the results of the BAU GHG emissions forecast for each source in Cupertino. The results have been reported in MT CO2e. The BAU forecast projects an increase in GHG emissions above the baseline 2018 GHG emissions inventory from all GHG emissions sources through 2045. An increase in housing stock commensurate with the RHNA allocations for 2021-2030 is attributed to 2030 and all growth indicators utilizing households will increase significantly that year. Table 9 and Figure 1 provide a summary of the Cupertino BAU GHG emissions forecast.

GHG Emissions Source GHG Emissions Factor Units
Transportation
Passenger On-Road Transportation 0.0003481 MT CO2e/VMT
Commercial On-Road Transportation 0.0013480 MT CO2e/VMT Passenger On-Road - EV Adjustment 0.0000045 MT CO2e/kWh Commercial On-Road - EV Adjustment 0.0000045 MT CO2e/kWh Off Road - Diesel 0.0103387 MT CO2e/Gallons
Off Road - Gasoline 0.0090620 MT CO2e/Gallons
Off Road - Natural Gas (LPG) 0.0058138 MT CO2e/Gallons
Residential
Residential Electricity - PG&E 0.0000962 MT CO2e/kWh
Residential Electricity - SVCE 0.0000019 MT CO2e/kWh
Residential Electricity - Direct Access 0.0002360 MT CO2e/kWh Residential Natural Gas 0.0053047 MT CO2e/Therm
Natural Gas Fugitive - Residential 0.0001735 MT CO2e/Therm Commercial/Industrial
Commercial/Industrial Electricity - PG&E 0.0000962 MT CO2e/kWh Commercial/Industrial Electricity - SVCE 0.0000019 MT CO2e/kWh Commercial/Industrial Electricity - DAO 0.0002360 MT CO2e/kWh Commercial/Industrial Electricity - DAA 0.0000000 MT CO2e/kWh Commercial/Industrial Electricity - PG&E 0.0000962 MT CO2e/kWh Natural Gas Fugitive - Commercial 0.0001735 MT CO2e/Therm Commercial Natural Gas – PG&E 0.0053047 MT CO2e/Therm
Commercial Biofuel – Apple Fuel Cell 0.0000000 MT CO2e/Therm Wastewater
Wastewater Treatment and Discharge 0.1441426 MT CO2e/BOD5 Treated Solid Waste
Solid Waste Generated/Disposal 0.5155722 MT CO2e/Tons Landfilled Notes: NA = not applicable MT CO2e = metric ton carbon dioxide equivalent; PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; DAO = Direct Access Other; DAA = Direct Access Apple; kWh = kilowatt-hour. 274
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10 Table 9 Cupertino BAU GHG Emissions Forecast Summary GHG Emissions Source 2023 2026 2030 2035 2040 2045
Transportation 231,509 235,735 240,232 246,486 252,825 258,821 Passenger On-Road Transportation 136,582 138,100 140,150 144,696 149,390 154,235 Commercial On-Road Transportation 78,238 79,607 80,687 81,545 82,842 84,176 Residential Electricity - EV Adjust 27 27 27 33 34 34
Commercial/Industrial Electricity - EV Adj 0 0 0 0 0 0
Off Road - Diesel 7,725 8,630 9,631 10,138 10,372 10,588 Off Road - Gasoline 5,503 5,763 5,965 6,133 6,171 5,963 Off Road - Natural Gas (LPG) 3,434 3,608 3,770 3,941 4,017 3,826 Residential 45,597 45,813 45,869 55,459 56,462 57,482
Residential Electricity - PG&E 258 259 259 313 319 325
Residential Electricity - SVCE 187 188 188 228 232 236
Residential Electricity - Direct Access 5 6 6 7 7 7
Residential Natural Gas - PG&E 43,717 43,924 43,978 53,173 54,134 55,112 Natural Gas Fugitive - Residential 1,430 1,437 1,438 1,739 1,770 1,802 Commercial/Industrial 52,115 53,655 54,538 54,860 54,753 54,646 Commercial/Industrial Electricity - PG&E 327 337 342 344 344 343 Commercial/Industrial Electricity - SVCE 245 252 257 258 258 257 Commercial/Industrial Electricity - DAO 4,066 4,187 4,256 4,282 4,273 4,265 Commercial/Industrial Electricity - DAA 0 0 0 0 0 0
Commercial/Industrial Natural Gas - PG&E 45,583 46,940 47,719 48,003 47,908 47,814 Commercia/Industrial Natural Gas – Apple Fuel Cell 0 0 0 0 0 0 Natural Gas Fugitive - Commercial 1,894 1,938 1,964 1,973 1,970 1,967 Wastewater 20,767 21,130 21,417 21,645 21,989 22,343
Wastewater Treatment and Discharge 20,767 21,130 21,417 21,645 21,989 22,343 Solid Waste 16,615 16,906 17,136 17,318 17,593 17,876
Community Generated Solid Waste 16,615 16,906 17,136 17,318 17,593 17,876 TOTAL 366,604 373,239 379,192 395,768 403,622 411,169
Notes: Values in this table may not add up to totals due to rounding All values are of the unit metric tons of carbon dioxide equivalent (MT CO2e) PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; DAO = Direct Access Other; DAA = Direct Access Apple; kWh = kilowatthour. 275
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11 Figure 1 Cupertino BAU GHG Emissions Forecast (MT CO2e) through 2045 Adjusted GHG Emissions Forecasts
The Adjusted forecast accounts for GHG emissions reductions that can be reasonably expected from State legislation and regulations. While there are numerous pieces of legislation that are likely to achieve long-term GHG emissions reduction, there can be wide variations on how these are implemented within a specific jurisdiction.

GHG Reduction Legislation Included in Cupertino Forecasts Several State regulations have been enacted that reduce Cupertino’s future GHG emissions. The impact of these regulations was quantified and incorporated into an Adjusted forecast to provide a more accurate depiction of future GHG emissions growth and the responsibility of GHG emissions reduction for Cupertino beyond established State regulations. The following State legislation were applied to the Adjusted Forecasts based on the unique sectors within Cupertino.  2019 Title 24 Building Energy Efficiency Standards
 Senate Bill 100 - California Renewables Portfolio Standard Program: emissions of greenhouse gases  SAFE Part One - U.S. EPA and NHTSA Safer Affordable Fuel-Efficient or SAFE Vehicles Rule Part One  Innovative Clean Transit (ICT) Regulation
 Advanced Clean Trucks (ACT) Regulation
GHG Reduction Legislation Calculations
EMFAC 2021 version was used to model transportation-related GHG emissions for the Cupertino forecasts. In addition, the following methodology was used to calculate energy-related GHG emissions reduction related to Title 24 and SB 100.
 Title 24: It is assumed that all growth in the residential sector is from new construction. Accordingly, Title 24 GHG emissions reduction for natural gas and electricity are calculated as a percentage of the projected increase in energy consumption beyond the baseline 2018 GHG emissions inventory, under the BAU forecast, as provided in 9. Overall, the energy consumption reduction impact of Title 24 is:
 53 percent reduction beyond the 2018 baseline for residential electricity; and -
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
2018 2020 2023 2025 2026 2030 2035 2040 2045
GHG Emissions (MT CO2e)
Transportation Residential Commerical/Industrial Wastewater Solid Waste 276
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12  7 percent reduction beyond the 2018 baseline for residential natural gas.3  SB 100: PG&E, SVCE, and Direct Access providers currently provide electricity in Cupertino and are subject to SB 100 requirements. GHG emissions from electricity consumption are largely determined by the emissions factor associated with the supplied electricity. Legislative GHG emissions reductions from SB 100 are calculated as the difference between GHG emissions under the BAU forecast electricity and GHG emissions calculated using a SB 100-adjusted GHG emissions factor for a given forecast year. An adjusted GHG emission factors is calculated by scaling the baseline electricity GHG emissions factor with the RPS percentage for eligible renewable electricity required for compliance with SB 100. Each of the electricity providers for Cupertino had different electricity emissions factors due to different RPS percentages in their electricity delivery mix. The RPS percentages and associated GHG emissions factors used to determine the Adjusted forecast electricity emissions are provided in Table 10. GHG emissions factors were also converted from kilowatt-hour (kWh) to Megawatt-hour (MWh) in the table. Note that while both Title 24 and SB 100 influence GHG emissions reductions in the electricity sector, double counting of these reductions is avoided by accounting for Title 24 reductions first and then accounting for reductions from SB 100.

Table 10 Electricity Provider Forecasted RPS and Electricity GHG Emissions Factors State legislation is expected to result in GHG emissions reduction from the BAU forecast in both the residential and commercial/industrial sectors. Title 24 is expected to reduce GHG emissions from reduced electricity and natural gas consumption in new residential housing units. SB 100 is expected to further reduce GHG emissions in the residential sector through reduced GHG emissions associated with electricity generation, as well as similar reductions in the commercial/industrial sector. The expected legislative reductions from SB 100 and Title 24 are summarized in Table 11. 3 California Energy Commission. 2018. 2019 Building Energy Efficiency Standards Frequently Asked Questions. Available:
<https://www.energy.ca.gov/sites/default/files/2020-03/Title_24_2019_Building_Standards_FAQ_ada.pdf>. Accessed June 21, 2021.

Energy Provider 2018
(Baseline)
2023 2026 2030 2035 2040 2045
PG&E
Renewable Portfolio Standard
Percentage 39% 48% 53% 60% 73% 87% 100%
Adjusted Electricity Emission Factor
(MT CO2e/MWh) 0.09615 0.08159 0.07364 0.06305 0.04203 0.02102 0 SVCE
Renewable Portfolio Standard
Percentage 56% 58% 59% 60% 73% 87% 100%
Adjusted Electricity Emission Factor
(MT CO2e/MWh) 0.00191 0.00184 0.00180 0.00174 0.00116 0.00058 0 Direct Access
Renewable Portfolio Standard
Percentage 31% 44% 51% 60% 73% 87% 100%
Adjusted Electricity Emission Factor
(MT CO2e/MWh) 0.23605 0.19240 0.16859 0.13684 0.09123 0.04561 0 Notes: MT CO2e = metric tons of carbon dioxide equivalent; MWh = Megawatt-hour 277
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13 Table 11 Cupertino Adjusted GHG Emissions Reductions Figure 2 shows the GHG emissions trends in terms of MT CO2e for the Adjusted forecast. Adjusted forecast emissions trend downward over time through 2045.

GHG Emissions Source 2023 2026 2030 2035 2040 2045
Transportation Rules Reductions
Transportation 17,588 30,284 45,903 63,585 75,497 82,850 Passenger On-Road Transportation 13,385 21,068 29,426 36,315 40,625 43,349 Commercial On-Road Transportation 4,222 9,239 16,585 27,422 34,966 39,467 Passenger On-Road EV Adjust1 -17 -23 -24 -5 13 34
Commercial On-Road EV Adjust1 -3 -20 -84 -148 -107 0
Title 24 Reductions 22 16 4 715 75 76
Residential Electricity - PG&E 1 1 0 29 3 3
Residential Electricity - SVCE 1 0 0 21 2 2
Residential Electricity - Direct Access 0 0 0 1 0 0
Residential Natural Gas 20 14 4 644 67 68
Natural Gas Fugitive - Residential 1 0 0 21 2 2
SB 100 Reductions 858 1,364 2,037 3,167 4,307 5,427
Residential 47 73 108 245 412 562
Residential Electricity - PG&E 39 60 89 160 247 322
Residential Electricity - SVCE 7 11 16 81 160 234
Residential Electricity - Direct Access 1 2 2 4 5 7
Commercial/Industrial 811 1,290 1,929 2,922 3,895 4,865 Non-Residential Electricity - PG&E 50 79 118 194 269 343 Non-Residential Electricity - SVCE 9 15 22 101 179 257
Non-Residential Electricity - Direct Access Other 752 1,197 1,789 2,627 3,448 4,265 TOTAL REDUCTIONS 18,469 31,644 47,945 67,466 79,880 88,354 Notes: Values in this table may not add up to totals due to rounding All values are of the unit metric tons of carbon dioxide equivalent (MT CO2e) 1 Negative emissions reduction indicate an increase in emissions from electric vehicle adoption, and consequently energy usage.

PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; DAO = Direct Access Other; EV = electric vehicle. 278
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GHG Emissions Forecasts
Cupertino CAP Update
14 Figure 2 Cupertino Adjusted GHG Emissions Forecast (MT CO2e) through 2045 Figure 3 shows the GHG emissions trends in terms of MT CO2e over the course of the BAU and Adjusted forecasts to illustrate the influence of State legislation on projected emissions.

Figure 3 Cupertino BAU and Adjusted GHG Emissions Forecasts (MT CO2e) through 2045 Table 12provides more detail including emissions (in MT CO2e) by sector for milestone years from 2023 through 2045.
0 50000
100000
150000
200000
250000
300000
350000
400000
2023 2025 2026 2030 2035 2040 2045
GHG Emissions (MT CO2e)
Transportation Residential Commerical/Industrial Wastewater Solid Waste 0 50000
100000
150000
200000
250000
300000
350000
400000
450000
2023 2030 2035 2040 2045
MT CO2e
BAU Emission Forecast Adjusted Emissions Forecast
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GHG Emissions Forecasts
Cupertino CAP Update
15 Table 12 Cupertino Adjusted GHG Emissions Forecast Detail 1990 GHG Emissions Back-cast
A 1990 GHG emissions back-cast was developed based on Cupertino’s 2010 inventory results.4 Determining 1990 GHG emissions levels for a community is an important step in developing climate action targets. This is because the State currently utilizes 1990 as a reference for their GHG reduction goals. CARB has recommended that jurisdictions establish 2030 GHG emissions reduction goals 4 Cupertino’s 2010 GHG emissions inventory can be accessed at:
https://www.cupertino.org/home/showpublisheddocument/14938/636524760503430000 GHG Emissions Source 2023 2026 2030 2035 2040 2045
Transportation 213,921 205,470 194,328 182,901 177,328 175,971 Passenger On-Road Transportation 123,196 117,032 110,724 108,381 108,764 110,886 Commercial On-Road Transportation 74,016 70,368 64,102 54,122 47,877 44,709 Residential Electricity - EV Adjust 44 50 52 38 20 0
Commercial/Industrial Electricity - EV Adj 3 20 84 148 107 0 Off Road - Diesel 7,725 8,630 9,631 10,138 10,372 10,588 Off Road - Gasoline 5,503 5,763 5,965 6,133 6,171 5,963 Off Road - Natural Gas (LPG) 3,434 3,608 3,770 3,941 4,017 3,826 Residential 45,527 45,724 45,757 54,499 55,975 56,844
Residential Electricity - PG&E 218 198 170 124 69 0
Residential Electricity - SVCE 179 177 172 126 70 0
Residential Electricity - Direct Access 4 4 3 2 1 0
Residential Natural Gas - PG&E 43,697 43,909 43,974 52,529 54,066 55,044 Natural Gas Fugitive - Residential 1,429 1,436 1,438 1,718 1,768 1,800 Commercial/Industrial 51,305 52,365 52,609 51,939 50,858 49,781 Commercial/Industrial Electricity - PG&E 277 258 224 151 75 0 Commercial/Industrial Electricity - SVCE 236 237 234 157 78 0 Commercial/Industrial Electricity - DAO 3,314 2,990 2,468 1,655 826 0 Commercial/Industrial Electricity - DAA 0 0 0 0 0 0
Non-Residential Natural Gas - PG&E 45,583 46,940 47,719 48,003 47,908 47,814 Non-Residential Biofuel – Apple Fuel Cell 0 0 0 0 0 0
Natural Gas Fugitive - Commercial 1,894 1,938 1,964 1,973 1,970 1,967 Wastewater 20,767 21,130 21,417 21,645 21,989 22,343
Wastewater Treatment and Discharge 20,767 21,130 21,417 21,645 21,989 22,343 Solid Waste 16,615 16,906 17,136 17,318 17,593 17,876
Community Generated Solid Waste 16,615 16,906 17,136 17,318 17,593 17,876 TOTAL 348,136 341,595 331,247 328,301 323,743 322,815
Notes: Values in this table may not add up to totals due to rounding All values are of the unit metric tons of carbon dioxide equivalent (MT CO2e) PG&E = Pacific Gas and Electric; SVCE = Silicon Valley Clean Energy; DAO = Direct Access Other; DAA = Direct Access Apple; kWh = kilowatthour. 280
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GHG Emissions Forecasts
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16 consistent with the State’s goal to reduce emissions 40 percent below 1990 levels, established by SB 32.

Because Cupertino does not have reliable or sufficient activity data to develop an inventory for 1990, the 2018 inventory results were used to back-cast GHG emissions to 1990 for Los Gatos.5 Other
jurisdictions, such as the City of South Pasadena, have established a relationship between GHG emissions at the state level for their oldest inventory year (in Cupertino’s case, 2010) and the state’s emissions in 1990, as a way to back-case to 1990 using best available data.6 This approach assumes that
the City’s GHG emissions have tracked approximately with the state’s GHG emissions, when controlled for community emissions sources. While not a perfect approximation, this approach is defensible and ensures consistency with state goals. The calculation is done by using published state-wide emissions results from CARB, after removing emissions from sectors not included in the City’s inventory (i.e., agricultural, industrial, and high GWP sectors). The 1990 back-cast for Cupertino is shown in Table 13.

Table 13 1990 Back-cast
5 Guidance in CARB’s 2008 AB 32 Scoping Plan recommends that 1990 GHG emissions are calculated as 15 percent below 2005-2008 GHG emissions levels. However, Cupertino does not have a GHG emissions inventory for 2005-2008. 6 The concept of “best available data” is referenced by the World Resources Institute’s 2014 Greenhouse Gas Protocol as a guideline for inventory best practices.
2010 Statewide GHG Emissions (MMT CO2e) 305.4
1990 Statewide GHG Emissions (MMT CO2e) 309.6
2010 to 1990 Statewide GHG Emissions Change (%) -1.36%
2010 Cupertino GHG Emissions (MT CO2e) 408,176
1990 Cupertino GHG Emissions Back-cast (MT CO2e) 402,639 281
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Public and Stakeholder Engagement
Summary Cupertino Climate Action Plan Update
Introduction
The City of Cupertino is updating its Climate Action
Plan (CAP), which was first published in 2015. This
CAP Update builds on the progress from the inaugural
Cupertino CAP by building a blueprint for emissions
reduction for the City that demonstrates their
environmental leadership, saves the City money and
promotes green jobs, complies with state
environmental initiatives, promotes sustainable
development, and supports regional climate change
efforts.

As part of this CAP Update process, the City utilized a multi-pronged approach engagement strategy to
engage with Cupertino residents, businesses,
organizations, and stakeholders. Key engagement
objectives include:
• Gather community perspectives and feedback
that are representative of the diverse
communities of Cupertino to inform CAP
development and guide decision-making.
• Create a framework for community action that
clearly outlines how Cupertino residents and
businesses can achieve CAP goals and take
ownership in action implementation.
• Educate, empower, and energize the Cupertino
community to cultivate a shared understanding
around climate change and inspire action.
• Strengthen community relationships with the City
to facilitate and coordinate CAP implementation
and other priorities and activities.

To do this, the City employed multiple engagement
approaches, including:
- Public workshops
- Stakeholder meetings
- CAP Update Subcommittee meetings
- Surveys
- Pop-up events
How Equity was Centered in Cupertino’s CAP
Update
Equity is integral in every single aspect of a CAP—and
if left out, could create opportunities for unequal and inequitable impacts and benefits across and within
communities. Key equity principles to assess in each
step of the CAP process include:
• Inclusivity, or the principle of welcoming and
bringing in voices and perspectives that have
historically been underrepresented in public
planning processes.
• Equity, or the principle that impacts and benefits
should be distributed in a way that provides
maximum benefits for communities overburdened
by climate impacts and other inequitable policies.
• Accountability, or the notion that the plan should
build in guardrails and systems to ensure that
those in positions of power are accountable to the
communities it serves.
• Anti-racist, or the idea that we are seeking to
develop strategies and policies that not only
prevent the exacerbation of racial disparities, but
actively seeks to close racial disparities in health,
economics, and environmental burden.

Equity and inclusion were central to the City’s CAP
engagement strategy. The City recognizes that some
community groups—such as low-income households,
people who speak limited English, elders, people with
disabilities, and communities of color—experience
disproportionate burden from climate change impacts
and should be included in the planning and design of
the CAP Update. We used the following approaches to
ensure our engagement was inclusive:
• Translation of materials and public surveys for
Chinese-speakers in Cupertino.
• Stakeholder meetings to prioritize certain groups,
such as low-income households and housing
advocates.
• Stipends for community participants, if
requested, to compensate people for their time
and contributions.

Appendix C - Public Engagement Summary
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Cupertino Climate Action Plan 2.0: Public and Stakeholder Engagement Summary 2 Engagement Events & Feedback Summary
The table below shows the key engagement events in chronological order and their associated outcomes. For full engagement summaries of each engagement event, please see Appendix A.

Engagement
Event
Date of
Event Objectives Key Outcomes
Subcommittee
Meeting #1
July 1st,
2021
• Present our engagement
approach.
• Identify initial vision and
priorities for the CAP.
• Review the outreach
toolkit and give feedback
to staff on the best way to
roll out the toolkit in the
community.
• The subcommittee identified a list of 90 stakeholders, including include youth groups, developers, Chamber of Commerce, environmental groups, and other advocacy organizations for inclusion in workshops.
• A priority was to ensure workshops focus on reaching both underserved and priority audiences. Priority audiences include schools, large corporations and businesses, and developers. Underserved groups typically include East End of Cupertino and Asian populations.
• Identified priorities include sustainable food options, circular economy, diverse transportation modes, water efficiency, and net zero emissions.
• Suggested outreach tools include lawn signs with QR codes, translated cards, SMS texting to reach people without access to smart phones or internet, and a PowerPoint template.

Stakeholder
Meeting #1
July 1st,
2021
• Build early awareness of
the CAP process.
• Gather high-level ideas,
priorities, and concerns.
• Build relationships with key
stakeholder groups.
• 34 participants; affiliations included local and regional government agencies, private sector, NGOs.
• Participants expressed that their vision for Cupertino was to be: 1) carbon neutral, 2) a leader in climate action, and 3) affordable, equitable, and diverse. • Participants expressed that the CAP Update should include considerations and actions around education and awareness, development, leadership, and equity.

Public Survey
#1
July 23rd -
September
19th, 2021
• Assess awareness of
climate change knowledge.
• Identify community climate
change priorities.
• Identify communitysupported climate change
strategies.
• Identify potential
community barriers for
implementing climate
change strategies.
• 111 respondents
• A large majority (89%) of survey respondents indicated that climate change is already impacting their family and will continue to worsen in the next 10 years. • Climate change impacts of highest concern were: 1) drought and water supply; 2) wildfire and smoke; and 3) extreme temperatures and heat waves.
• Climate action strategies that generated a lot of support include:
o Improve energy efficiency in homes and businesses.
o Transition homes and businesses from natural gas to clean electricity for space and water heating.
o Build a more walkable and bikeable city.
o Encourage rooftop solar panels and local renewable energy. o Restore thriving natural spaces and plant trees.
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Cupertino Climate Action Plan 2.0: Public and Stakeholder Engagement Summary 3 Engagement
Event
Date of
Event Objectives Key Outcomes
o Increase accessibility to public transit.
• The main climate action barriers identified include:
o Cost and competing economic demands on the City and residents. o Lack of agreement on the issues or how to prioritize them. o Resistance to new mandates and requirements.
o Level of education and understanding about climate change in the community.

Public
Workshop #1
July 29th,
2021
• Build early awareness of
the CAP goals and process
among the general public.
• Gather high-level priorities,
and concerns about
climate action in
Cupertino.
• Gather initial ideas for
potential actions to include
in the CAP.
• 53 participants
• Nearly two-thirds (62%) of participants who participated in poll questions said that they had noticed or experienced climate change impacts in Cupertino. • The top two identified priorities for each focus area are as follows:

Focus Area Top Two Priorities and Level of Support (%)
Buildings & Energy
Consumption
• Retrofit older buildings to be more efficient. (39%)
• Retrofit older buildings to replace gas with cleaner
electric appliances. (29%)
Renewable Energy • Promote neighborhood solar or micro-grids to protect critical infrastructure and homes. (51%)
• Streamline permitting and technical support for installing clean energy on my property. (24%)
Transportation & Land Use • Improve public transit access and/or infrastructure. (34%)
• Increase the walkability and bikability of Cupertino. (28%)
Solid Waste • Reduce single-use plastic, such as take-out food containers and other packaging. (58%)
• Encourage companies or producers to be responsible for material disposal or recycling. (21%)
Carbon Sequestration &
Natural Systems
• Increase the number of trees and amount of shade in
Cupertino. (41%)
• Update water system infrastructure and increase water conservation education and programs. (19%)
Resilient Communities 1. Support communities that are most affected by climate change impacts. (31%)

2. Improve disaster preparedness and communication.
(27%)
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Cupertino Climate Action Plan 2.0: Public and Stakeholder Engagement Summary 4 Engagement
Event
Date of
Event Objectives Key Outcomes
Subcommittee
Meeting #2
August 19th,
2021
• Review draft CAP targets
• Brainstorm high impact
strategies and actions to
achieve draft CAP targets
• Review upcoming public
engagement and options
for outreach activities
• The subcommittee agreed that it is an important goal is to set aggressive reduction targets from City-owned buildings and operations and led by example. • Subcommittee recommendations include:
o Make policy requests or lobby for actions at the State or regional level. o The City should be aggressive in its measures that it has control over (e.g., issuing building permits, banning gas in buildings, utilizing CCAs to supersede renewable portfolio trajectories, or implementing ordinances for EV charging) o Partner with private businesses to reduce their usage of gas. o Partner with regional organizations, such as CalTrans, to successfully implement measures that reduce GHG emissions in Cupertino.
o Leverage Cupertino’s existing EV infrastructure to continuously expand EV adoption from residents.

Stakeholder
Meeting #2 –
Housing
Advocates
September
30th, 2021
• Build early awareness of
the CAP process.
• Gather high-level ideas,
priorities, and concerns.
• Build relationships with key
stakeholder groups.
• Focus on advocates for
affordable and low-income
housing.
• 10 participants; represented a diversity of organizations and experiences that advocated for low-income housing, support for homeless and houseless peoples, and affordable housing. • Expressed concerns included the ongoing water shortage and drought conditions; concern for vulnerable groups during heat waves; and wildfire, smoke, and power shut offs during wildfire season and heat waves.
• Participants were generally supportive of eliminating natural gas in buildings, requiring composting, and prioritizing multifamily homes, but suggested that the public will require more education around these topics to implement real change. • Participants envisioned a future Cupertino that is resilient, equitable and inclusive, walkable and bikable, and has access to EVs.

Public
Workshop #2
October
11th, 2021
• Provide updates about the
Cupertino CAP’s emission
forecasts and GHG
reduction targets.
• Present the draft
mitigation measures.
• Gather feedback about the
draft mitigation measures.
• 40 participants
• Key themes related to proposed mitigation measures include:

Mitigation Measure Feedback Themes
Half of Cupertino buildings
are completely electric.

1. Prohibitive costs

2. Lack of renter agency

3. Lack of electrification resources

4. Challenges around enforcement and installation

5. Additional burden on low-income community members
Most of your everyday
trips are by public
transport, walking, biking,
scootering, or wheelchair.

6. A congestion fee is inequitable

7. Biking, walking can be dangerous and inconvenient

8. The elderly and people who are differently abled will be most negatively impacted
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Cupertino Climate Action Plan 2.0: Public and Stakeholder Engagement Summary 5 Engagement
Event
Date of
Event Objectives Key Outcomes
Shift away from singleoccupancy vehicles. 9. Need for more accessible and improved bike, pedestrian, and public transit infrastructure and education
When you drive, you use
an electric vehicle.

10. Cost prohibitive

11. Range limited

12. Lack of charging infrastructure

13. Lack of personal agency to upgrade existing vehicles

14. Particularly challenging for multifamily building dwellers You are creating less
waste in the landfill.

15. Hard to avoid packaging

16. No incentives for reuse and reducing waste

17. Inefficiency of repair programs

18. Added burden to small business owners

19. City has responsibility to reduce plastic, increase public education on waste sorting, and a restructuring of
collection rates could help with behavior change around waste practices
Public Survey
#2
September
30th -
October
25th, 2021
• Assess level of support for
various focus areas’
Mitigation Measures as a
whole.
• Assess level of support for
key mitigation measures
within each focus area.
• 50 respondents
• Overall, there was a consistent level of support for mitigation measures in each sector. 286
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Cupertino Climate Action Plan 2.0: Public and Stakeholder Engagement Summary 6 Engagement
Event
Date of
Event Objectives Key Outcomes
Stakeholder
Meeting #3
May 3, 2022 • Review the draft Climate
Action Plan and its
associated mitigation
measures and actions.
• Gather ideas, priorities,
and concerns on the
proposed mitigation
measures and actions.
• 14 participants
• Main themes include:
o Overall, stakeholders were supportive of all the measures. o However, measures within the following sectors could have been more ambitious and/or aggressive:
§ Cleaning the Air – Renewable Energy and Electric
§ Connecting Communities – Transportation, Land Use
Public Survey
#3
May 17,
2022 to July
23, 2021
• Public review of the draft
CAP document and to
provide input.
• 108 people responded to the draft documents.
• 174 survey respondents.
73%
57%
80%
96%
87% 82% 82%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Buildings
Transportation
Waste
Water
Healthy Ecosystems
Resilience & Adaptation
Municipal Buildings & Operations
Level of Support
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Cupertino Climate Action Plan 2.0: Public and Stakeholder Engagement Summary 7 Appendix A. Engagement Event Summaries
Full engagement summaries of each event are attached in the subsequent pages, in chronological order. 288
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1 Cupertino Climate Action Plan (CAP) Update
CAP Subcommittee Workshop #1 Summary
July 1, 2021 | 4:00-5:00pm | Zoom
Contents
Background .......................................................................................................................................................... 1 Meeting Objectives.............................................................................................................................................. 1 Agenda Overview................................................................................................................................................. 1 Participants.......................................................................................................................................................... 2 Review Engagement Approach and Challenges................................................................................................... 2 CAP Update Vision and Priorities......................................................................................................................... 4 CAP Update Outreach Toolkit .............................................................................................................................. 4 Background
The Climate Action Plan Update Subcommittee will review and discuss policy options and receive diverse stakeholder feedback related to the CAP update. The Subcommittee will be a key intermediary and liaison throughout the climate planning process—bridging the broader community with City leadership and bringing together public/stakeholder input and technical information to arrive at recommendations for Council. At upcoming stakeholder and public meetings, the subcommittee will listen, ask probing questions, bring back discoveries to the Sustainability Commission, and lead conversations at Commission meetings to form recommendations for the CAP.

This initial meeting between the subcommittee and consultant team will lay a foundation for the CAP engagement process by helping review and vet the engagement approach, identify initial priorities, and learn to apply the outreach toolkit.

Meeting Objectives
• Overview and training on our engagement approach.
• Identify initial vision and priorities for the CAP.
• Review the outreach toolkit and give feedback to staff on the best way to roll out the toolkit in the community.

Agenda Overview
Time Item
5 min Introduction
15 min Review Engagement Approach and
Challenges
20 min CAP Update Vision and Priorities
15 min CAP Update Outreach Toolkit
5 min Conclusion
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2 Participants
Name Affiliation
Vignesh Swaminathan City of Cupertino Sustainability Commissioner Gary Latshaw City of Cupertino Sustainability Commissioner Victoria Morin City of Cupertino
Brendan Norton City of Cupertino, CivicSpark Fellow
Andre Duuvoort City of Cupertino
Gilee Corral City of Cupertino
Kelsey Bennett Rincon Consultants, Inc.

Mike Chang Cascadia Consulting
Andrea Martin Cascadia Consulting
Review Engagement Approach and Challenges
A discussion was facilitated by Cascadia, with the project staff and subcommittee to review the CAP engagement timeline & stakeholder engagement approach. Discussion questions and key themes that emerged are below.

Question Key Themes
Is the list of stakeholders
satisfactory or should the
project include more?
• There are currently about 90 stakeholders identified by the City, the Commissioners, and consultants. These include youth groups, developers, Chamber of Commerce, environmental groups, and other advocacy organizations
• First stakeholder workshop has 30-35 stakeholder participants. • Want to ensure that future workshops focus on bringing in underserved or priority audiences.

What are other
considerations in our
engagement approach we
should be aware of? For
example, for the 2nd and
3rd stakeholder
workshops, what key
priority audiences should
we tailor to?
• Cupertino’s community dynamics have been changing – historically they have successfully engaged through the schools. However, current affordability concerns are preventing this from happening. • Priority audiences include schools, large corporations and businesses, and developers.
• Young people want to see workable actions, as they are the generation that will be affected by the work done now. This does not have to be an easy solution; it just has to be possible and effective.

What other risks do you
anticipate we will face in
our engagement process?
• Engagement will be more difficult during the school year. Parents and children will be busier, with less time to spend thinking about or participating in sustainability/climate action.
• Cupertino is currently working with local school districts on energy and water use but not engaging the students. One way to change 290
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3 Question Key Themes
this would be to research teacher leaders of sustainable clubs and reach out to engage their students.
• School district schedules to consider include:
o Cupertino Union School district – elementary/middle
schools.
o Fremont Union School district – high school.
o There is also a pilot elementary schools and multiple private schools in Cupertino.

Who are key educators
we could contact?
• McClellan Ranch
• Rotary Club – President is Rod Sinks, a retired City Council member and Mayor.
• De Anza College – The college does have an environmental group. Gary may know a good point of contact.

Who we generally
prioritize?
• An important consideration is including populations from both the East and West sides of Cupertino. The East end is often excluded.

This should be considered within CAP outreach.
o Currently, a larger proportion of development and
attractions are on the West side including trails,
redevelopment, and parks.
• There is political heat on the far East side of Cupertino by the mall, as there is a trend of elected officials coming from that district. • Groups who will be involved include youth, communities of color, interfaith groups, and non-English speaking households. • Ensure that Cupertino’s Asian populations are being included. o Two suggestions for inclusion are the Chinese Church of Christy and a Korean church, both on the West side of
Cupertino. These groups could be specifically invited to workshops.
o These groups both tend to have non-English speaking
elders.
o Telebu can be used for communication purposes.
• In the past, the City has done translation with headphones and microphones, with real-time translation on the side.
o Not a large population that speaks Tagalog.
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4 CAP Update Vision and Priorities
The Subcommittee took part in a discussion of their vision CAP Update. Questions included: “In 2050, I want Cupertino to be _____” and “What should the goal of each focus area be?” Q: “In 2050, I want Cupertino to be _____”
Theme Notes
Sustainability • All residents and citizens who travel through Cupertino should have sustainable options for day-to-day choices such as food choice and method of transportation.
• Have awareness and access to options for sustainability.

Emission Targets • In 2050, Cupertino will hopefully be celebrating 10 years of net zero emissions.

Q: “What should the goal of each focus area be?”
Theme Notes
Waste • The creation of an edible food recovery program from grocery stores and restaurants, distributed to those in need.
• Cupertino needs to focus on room to grow within waste management.
• Promote a circular economy
• Expand understanding of lifecycle GHG emissions
• Reduction of single use materials
Water • Use of greywater and recycled water should be expanded as a water conservation effort – only one large company is currently doing this.
• Educate on how much water is being wasted, because
water meters are not accurately measuring this.
• Expand familiarity of how groundwater is pumped.

CAP Update Outreach Toolkit
The Subcommittee provided feedback on an outreach toolkit, brainstorming upcoming opportunities to implement the Outreach Toolkit and how to reach the most Cupertino residents possible, ensuring representation from all communities.
• QR codes are a helpful outreach tool.
• The City has found that people are responsive to lawn signs with QR codes in the grass. This was used during the drought.
• The City can print stacks of cards for coffee shops and businesses. These cards should be available in multiple languages.
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5 • Consider technology equity, not everyone has access to the Internet or a smartphone that can scan a QR code. One way to solve this would be a cell phone number that could be texted for the same information that comes from a QR code.
• Grocery stores can be a good way to reach a lot of people since everyone has to frequent them. • Make sure value difference between East and West Cupertino. • Create a PowerPoint template that has background information and talking points on the CAP Update • for the City and Sustainability Commissioners to ensure consistent messaging about the CAP Update. 293
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1 Cupertino Climate Action Plan (CAP) Update
Stakeholder Engagement Workshop #1 Summary
July 1, 2021 | 5:30-7:00pm | Zoom
Contents
Background .......................................................................................................................................................... 1 Introduction ......................................................................................................................................................... 2 CAP Update Overview and Q&A .......................................................................................................................... 4 Vision and Priority Setting.................................................................................................................................... 5 Breakout Group Discussion: Priorities and Initial Actions.................................................................................... 6 Energy A and B............................................................................................................................................. 7 Transportation............................................................................................................................................ 10 Waste ......................................................................................................................................................... 11 Water, Healthy Ecosystems, and Green Infrastructure .............................................................................. 13 Demographic Polling ...................................................................................................................................... 15 Appendix A: Full MURAL Board...................................................................................................................... 16 Background
To reach frontline communities and historically underserved populations, in addition to conducting broad public engagement, we will host targeted meetings with representatives of priority communities— including Black, Indigenous, and communities of color, people with limited English proficiency, unhoused and low-income people, and the elderly, among others. The aim will be to build meaningful, long-term relationships with critical perspectives (e.g., community-based organizations, marginalized communities, faith-based organizations) to create space for their voices in the process and leverage their expertise.

Meeting Objectives
• Build early awareness of CAP process.
• Gather high-level ideas, priorities, and concerns.
• Build relationships with key stakeholder groups.

Agenda Overview
Time Item
15 min Introduction
15 min CAP Overview Presentation and Q&A
50 min Breakout Group Discussions: Vision, Priorities & Initial Actions
10 min Conclusion
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2 Participants
Workshop Participants
Name Affiliation
Vignesh Swaminathan Sustainability Commissioner
Gary Latshaw Sustainability Commissioner
Robert Brown Cupertino Community Emergency Response Team Graham Clark Fremont Union High School District
Hoi Poon Bay Area for Clean Environment, Silicon Valley Youth Climate Action, Fossil Fuel Free Building Coalition
Dashiell Leeds Sierra Club Loma Prieta Chapter
John Zirelli Recology
Lisa Talbott Recology
Sujatha Venkatraman West Valley Community Services
Emily Alvarez StopWaste
Ben Elliott Apple
Katy Nomura City of Cupertino
Gwyn Azar Silicon Valley Youth Climate Action
Kelly Tung Youth Environmental Power Initiative (YEPI)
Lizzy Mau Bay Area Air Quality Management District
Francois Rodigari San Jose Water
Jakub Zielkiewicz Bay Area Air Quality Management District Michael Strahs Kimco Realty Corporation
Shyam “Sean” Panchal First Maganson Holdings, Inc
Melinda Harris Recology South Bay
Benjamin Louie Apple
Cam Audras Valley Water
Ryan Kim Sierra Club
Project Staff
Name Affiliation
Chris Corrao City of Cupertino
Gilee Corral City of Cupertino
Andre Duuvoort City of Cupertino
Victoria Morin City of Cupertino
David Stillman City of Cupertino
Ursula Syrova City of Cupertino
Brendan Norton CivicSpark Fellow, City of Cupertino
Kelsey Bennett Rincon Consultants, Inc.

Mike Chang Cascadia Consulting Group
Andrea Martin Cascadia Consulting Group
Maddie Siebert Cascadia Consulting Group
Hailey Weinberg Cascadia Consulting Group
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3 Introduction
City staff and the consultant team provided a brief introduction of the CAP project team and welcomed all the participants to the stakeholder meeting. Cascadia provided an overview of Zoom tips and of the meeting’s agenda.

Icebreaker
As an icebreaker near the start of the workshop, participants were asked a series of questions using PollEverywhere, including:
• What is your favorite natural feature in Cupertino?
• How familiar are you with climate change concepts – such as causes and impacts of climate change and actions needed to mitigate it?
• If you could see one thing included in this climate action plan update, what would that be?
Below are some of the answers from our icebreaker questions.

Icebreaker Question Answers
What is your favorite natural
feature in Cupertino?
• McClellan Ranch
• San Antonio
• Local parks and bike trails
• Cupertino Memorial Park
• Stevens Creek
• Midpen open space district
• Cherry Blossom trees
• The Foothills
• Blackberry Farm
• The creeks
• Wildlife, birds
How familiar are you with
climate change concepts – such
as causes and impacts of
climate change and actions
needed to mitigate it?
If you could see one thing
included in this climate action
plan update, what would that
be?
• Better Land-Use Planning
• Energy self-sufficiency
• Transit-oriented
development balanced
with electrification
• Incentivizing public transit
and walk/bike-ability
• Net zero by 2040
• Phase out of backup diesel
generators
• Balance with economic
considerations
• Resiliency
• Effective public education and
community outreach
46%
50%
4%
0% 0% 0%
0%
10%
20%
30%
40%
50%
60%
Extremely
familiar
Moderately
familiar
Slightly
familiar
Slightly
unfamiliar
Moderately
unfamiliar
Extremely
unfamiliar
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4 Icebreaker Question Answers
• Only electric vehicles, EV
infrastructure everywhere
• Net positive
• Energy Efficiency &
Electrification to improve
existing buildings/living
conditions
• Something bold
• Economic development
opportunity
• Saving energy and using more
renewal sources
• Existing Building electrification draft
• A roadmap to decarbonize existing
buildings
• Incentives for private citizens
• Effective mass transit to link to other
cities
CAP Update Overview and Q&A
City staff presented an overview of climate change, the climate action planning process, and the City’s progress so far and then answered questions from participants. The presentation showed visuals of air quality reports in the Bay Area and PG&E outages, described the sectors used in the City’s first CAP, and showed Cupertino’s emissions forecasts and current emission reductions so far.

Question & Answer
Question Answer
Congrats on the achievement of GHG reductions!
How does that compare to the State's goals? Or
in other words, how does it compare to 1990
levels?
Emission reductions are comparable to 1990 levels.

The City back-casted emissions to ensure that there
was parity in how reductions were comparable to
State goals.

From the GHG inventory slide, it looked like
emissions from natural gas increased not
insignificantly. What's driving the increase?
The staff and consulting team is currently underway
with an update to the GHG emissions inventory. The
team will be working towards a more detailed analysis
and will have more information later in the update
process.

We’re currently in a water shortage right now.

Does Cupertino have any plans regarding
mitigating droughts right now and in the future?
The City has published a summary of current and
historic drought response information at
Cupertino.org/drought.

Is there any discussion about potentially
incorporating into the inventory the carbon
sequestered from the natural and working lands
in Cupertino?
Yes, staff are looking into the potential of adding
carbon sequestration accounting to our inventory
work.
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5 Vision and Priority Setting
After the initial presentation by City staff, participants were asked to use a MURAL board to give feedback about their vision for the CAP Update through guiding questions. Questions included “in 2050, I want Cupertino to be _____” and “what is important for the CAP Update to include?”.

Vision for the CAP Update
Q: “In 2050, I want Cupertino to be _____”
Theme Notes
Carbon Neutrality • Carbon neutral, or even carbon-negative • 80% GHG reduction from 1990 levels
• There is hope that in 2050, Cupertino will be celebrating its 10-year anniversary of carbon neutrality by 2040
• Complete removal of natural gas and diesel usage,
reduction of waste, and implementation of electric vehicle infrastructure
Leadership • Hope that Cupertino will become a leader in sustainability • This leadership includes publishing transparent climate data and using the newest clean technology as a model for other cities
Affordable, Equitable,
and Diverse
• Stakeholders hope that by 2050, Cupertino will be
affordable for those of all income levels
• Cupertino should be diverse in its businesses and services offered
• Cupertino will be viewed as a great place to live.

Q: “What is important for the CAP Update to include?”
Theme Notes
Education and
Awareness
• Include Green Education in schools
• Involve the public and ensure that they are aware of the CAP Update and its goals
Development • Ensure new development includes EV chargers, but develop with the goal of less private vehicle usage
• Ensure new development does not include natural gas
• Decarbonize existing buildings, implement strict energy codes
Leadership • The CAP Update should ensure that Cupertino is working to become a leader in climate action both regionally and
state-wide
Equity • The roadmap to zero carbon must be done in an equitable way
• Low income households must be considering in this plan 298
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6 Breakout Group Discussion: Priorities and Initial Actions Participants were divided into breakout rooms to do a deep dive discussion on specific focus areas. There were five breakout rooms, including:
• Energy A
• Energy B
• Transportation
• Waste
• Healthy Ecosystems, Green Infrastructure, and Water
Each breakout room discussed four (4) key questions:

1. What should the goal of this focus area be?

2. What do you think is working well for Cupertino that you want to see continue in the future?

3. What do you think are the opportunities for Cupertino to improve upon?

4. What are some other considerations, including scope of the focus area or equity considerations? 299
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7 Energy A and B
Below are the general themes from Energy A and Energy B breakout rooms. The discussion focused on 4 questions:

1. What should the goal of this focus area be?

2. What do you think is working well for Cupertino that you want to see continue in the future?

3. What do you think are the opportunities for Cupertino to improve upon?

4. What are some other considerations, including scope of the focus area or equity considerations? Focus Area Goal Working Well Opportunities to Improve Considerations Building
Decarbonization
• All-electric reach code –
expand to include EV
infrastructure
• Access to 100% renewable
energy from SVCE
• Energy conservation during the
pandemic!
• Currently Cupertino is an
energy leader
• Continue to streamline online
building permits
• Leader in building
electrification
• Expand cost savings further for
home retrofits
• Implement strict energy codes
• Infrastructure should support
building and vehicle
electrification
• Convert homes to all-electric
• Promote building
electrification with a burn out
ordinance or fuel cells
• Ensure that building retrofits
are not burdensome on lowincome households
Emphasis on
Renewables
• Use incentives or replacement
programs
• Create a benchmarking process
to measure progress
• Work to reduce the energy
burden for Cupertino residents
• Implement community solar
projects
• Provide grants, rebates, or
incentives to switch to
renewables
• Create incentives for appliance
retirement before burn out
occurs
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8 Focus Area Goal Working Well Opportunities to Improve Considerations • Streamline interconnect
requests for on-site
renewables
Metrics • Measure appliance
replacement rates, number of
utility natural gas accounts
terminated, % of residence
with PV and battery systems
• Aim for net-zero by 2035
instead of 2040
Paths and Open
Space
• Great bike and pedestrian
pathways and open space
access
Electric Vehicle
Infrastructure
• Include EV infrastructure for
new development
• Build this infrastructure with
room for growth
• Understand that the transition
to EV’s is not an equitable
solution
Education • Expand education for
community members on
renewable options
• Implement education for
contractors for electric options
• Create and distribute resources
for business owners on energy
efficiency
• Implement a forced energy
conservation day to learn what
businesses are using excessive
energy
• Create opportunities for
contractors (especially small
and medium sized contracting
businesses) that include lowcarbon education options
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9 Focus Area Goal Working Well Opportunities to Improve Considerations • Create a Sustainable Cupertino
Education Center
• Educate the youth through
climate curriculum in schools –
they will educate their parents
Equity • Installation of guardrails
• Ensure that climate language is
simple and easy to understand
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10 Transportation
Below are the general themes from the Transportation breakout room. The discussion focused on 4 questions:

1. What should the goal of this focus area be?

2. What do you think is working well for Cupertino that you want to see continue in the future?

3. What do you think are the opportunities for Cupertino to improve upon?

4. What are some other considerations, including scope of the focus area or equity considerations? Focus Area Goal Working Well Opportunities to Improve Considerations Public Transit • VIA and SR2S are working
well!
• Connect Cupertino public transit to BART,
Caltrain & Light Rail
• Promote VIA shuttles in Cupertino
• Promote less vehicle trips in cities and VMT
reduction
• Incorporate autonomous driving and change
in car ownership into planning
• Improve access to different modes of
transportation other than private passenger
vehicles
• Cupertino should become an advocate for
VTA’s
Biking and
Walking
• Cupertino is doing well in
bike lane implementation
and safety
• Transition to protected
lanes is great!
• Seeing positive results in
increased biking to school
• Seeing less stranded
bikeshare bikes in the
streets
• Implement biking and walking education in
schools
• Implement a bike or scooter share program
• Certain highways are congested and
dangerous, do work to improve commuter
safety
• Implement subsidies for bike expenses
• Consider subsidies for transitioning to using
alternative methods
• Consider equity and
educate on equity
considerations in
schools
• Improve lighting in
De Anza VTA station
and at Steven’s
Creek
Consider ADA
compliance
Education and
Outreach
• Educate the public on changes being made
• Improve transportation outreach
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11 Waste
Below are the general themes from the Waste breakout room. The discussion focused on 4 questions:

1. What should the goal of this focus area be?

2. What do you think is working well for Cupertino that you want to see continue in the future?

3. What do you think are the opportunities for Cupertino to improve upon?

4. What are some other considerations, including scope of the focus area or equity considerations? Focus Area Goal Working Well Opportunities to Improve Considerations Waste Diversion • Three streams
available curbside
• Great variety of
materials
accepted for
recycling and
composting
• Improving waste diversion rates – Cupertino has
been stuck at 70% for a while
• Improve upstream waste reduction and waste
prevention
• Improve contamination issues
• Reduce construction and demolition waste
• Properly deal with organics waste
• Create a soil management or carbon
sequestration program
• Expand bulk item pickup frequency
• Implement a single use plastics ordinance,
discuss plastics #4-7
Producer/Distributor
Responsibility
• Hold producers accountable
• Implement pilot projects for reusables for
restaurant to-go containers
• Formalize food rescue and recovery programs
Metrics • Create a
consumptionbased inventory
to account for
waste-related
emissions
(already in
progress)
• Implement in-person auditing • Will costs increase for residents with a more
robust program?
• Role of economics:
cost of renewables vs.
non-renewables
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12 Focus Area Goal Working Well Opportunities to Improve Considerations Education • Continue cart
signage and
brochures
• Residents (especially youth) are interested in
learning, continue education
• Conduct outreach to customers who need more
education on composting
• Educate new residents who do not come from
somewhere with a composting program
• Address illegal dumping for those who do not
have access to proper disposal
• Waste disposal is not
a priority for many
right now, especially
those who are busy,
have kids, etc.
• Consider the
knowledge gaps
between income
levels and cultural
communities, be
sensitive to current
practices
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13 Water, Healthy Ecosystems, and Green Infrastructure
Below are the general themes from the Water, Healthy Ecosystems, and Green Infrastructure breakout room. The discussion focused on 4 questions:

1. What should the goal of this focus area be?

2. What do you think is working well for Cupertino that you want to see continue in the future?

3. What do you think are the opportunities for Cupertino to improve upon?

4. What are some other considerations, including scope of the focus area or equity considerations? Focus Area Goal Working Well Opportunities to Improve Considerations Water Supply • Garden program to address
drought
• Possibility of creating brackish
water/desalinization systems –
drought becomes a less
pressing issue
• Ensure that water supply
projects do not result in
gentrification/displacement of
residents
• Create programs for affordable
relocation if necessary or
create a sustainable
development policy
Regional
Coordination
and Partnerships
• Great projects with a regional
focus are already in place but
need to be scaled up to a
larger scale
• Implement natural solutions
o Example – mangrove
use
o Example – use native
plants on lawns
• Regional solutions are what is
most needed for Cupertino to
implement
• Situations need to be
considered regionally, not just
on a city-by-city basis
Education and
Outreach
• Engage high school students as
a work force and to educate
others, create a tree planting
program for youth
• Educate residents on the
benefits of solar and
electrification
• Create a volunteer Climate
Corps
• Lack of comprehensive
understanding of climate
change
• Youth are excited to learn! They
are heavily invested in climate
change and want to help
• Language justice – ensure that
all outreach and education is in
multiple languages
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14 Focus Area Goal Working Well Opportunities to Improve Considerations Green
Infrastructure
and Programs
• Implement a certification
scheme where agencies could
incorporate infrastructure
projects as carbon offset
credits
• Extremely necessary, effort
must be made to align the
interest of utilities with what is
most environmentally friendly
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15 Demographic Polling

1. Select all that apply: Which of the following best represents your race/ethnicity? Race Number of Participants Percentage
White or Caucasian 15/24 63%
Asian or Asian American 10/24 42%
Latino, Latina, or Latinx 2/24 8%
Middle Eastern, North
African, or Arab American
1/24 4%
Other 1/24 4%
Prefer not to say 1/24 4%
Black or African American 0/24 0%
Native American, American
Indian, or Alaska Native
0/24 0%
Native Hawaiian or Pacific
Islander
0/24 0%

2. What is your gender identity?
Gender Identity Number of Participants Percentage
Man 16/24 67%
Woman 8/24 33%
Non-binary/non-conforming 0/24 0%
Other 0/24 0%
Prefer not to say 0/24 0%

3. What is your age?
Age Number of Participants Percentage
Under 18 2/24 8%
18-24 4/24 17%
25-34 6/24 25%
35-44 4/24 17%
45-54 4/24 17%
55-64 2/24 8%
65-74 0/24 0%
75+ 2/24 8%
Prefer not to say 0/24 0%
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16 Appendix A: Full MURAL Board
For a text version of these MURAL results, please see the excel attachment, “MURAL Results_Stakeholder Meeting 1.xlsx”. 309
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1 Cupertino Climate Action Plan Results from the Community Survey #1 The Cupertino Climate Action Plan (CAP) provides a roadmap for the City of Cupertino and its citizens to reduce greenhouse gas emissions and achieve their climate goals with community solutions and individual actions.

The City of Cupertino is updating the CAP to better meet the needs and goals of the community. As part of this process, we asked Cupertino’s’ residents to complete a survey to identify visions, priorities and barriers to the CAP process.

This survey was open from July 23rd to September 19th, 2021.

Summary
In total, we received a total of 111 responses. We received 107 English responses, 1 Spanish, and 3 Chinese. Some additional demographic information about the survey responses are below:
• Most respondents live in Cupertino (80 people, 72%)
• Majority of respondents have received an advanced degree (52 people, 47%) • Majority of respondent do not work for a Cupertino based company (87 people, 78%) • 62% of respondents own their home
Demographic Results
Race and Ethnicity (n = 108)
White or Caucasian 36
Black or African American 1
Latino, Latina, or Latinx 4
Asian or Asian American 59
Multiracial 7
Native Hawaiian or other Pacific
Islander 1
White or
Caucasian
33%
Black or African
American
Latino, Latina, 1%
or Latinx
4%
Asian or Asian
American
55%
Multiracial
6%
Native Hawaiian
or other Pacific
Islander
1%
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Cupertino Climate Action Plan | Public Survey #1 Results 2 Area you spend most of your time around (n =
103)
Apple Campus/Apple Park (northeast) 10
Cupertino High School (southeast) 20
De Anza College (south central) 21
McClellan Ranch (southwest) 23
Memorial Park (northwest) 29
Age (n = 107)
18 or younger 20
19-44 48
45-64 18
65 years or older 21
18 or
younger
19%
19-44
45%
45-64
17%
65 years or
older
19%
Apple Campus/Apple Park
(northeast)
10%
Cupertino High
School
(southeast)
20%
De Anza College
(south central)
20%
McClellan Ranch
(southwest)
22%
Memorial Park
(northwest)
28%
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Cupertino Climate Action Plan | Public Survey #1 Results 3 Survey Results
The tables below highlight the results of the survey. They do not provide an interpretation of the results.

Key or significant results are highlighted in blue cells.

Climate change awareness
Respondents were asked “How would you best describe your awareness and understanding of climate change issues?” Majority of respondents are familiar with some climate change issues and try to stay informed.

Level of Awareness # of Responses (n=109)
I am unaware of climate change issues 7
I have heard about climate change issues but don’t know much about them  8
I am familiar with some climate change issues and try to stay informed 51
I am well informed about climate change issues 43
7 8
51 43
0 10 20 30 40 50 60
I am unaware of climate change issues
I have heard about climate change issues but don’t know much about them
I am familiar with some climate change issues and try to stay informed
I am well informed about climate change issues
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Cupertino Climate Action Plan | Public Survey #1 Results 4 Concern about climate change
Regional climate impacts
Respondents were asked “How much do you think climate change will impact you and your family’s personal wellbeing and safety 10 years from now?” and “How much do you think climate change impacts you and your family’s personal wellbeing and safety today?”. Majority of respondents indicate climate change is already impacting their family and will continue to worsen in the next 10 years.

Level of Awareness # of respondents (n = 108)
Now 10 years from now
1 (not impacted at all) 1 0
2 4 2
3 2 0
4 9 2
5 (impacted occasionally) 18 13
6 12 7
7 10 9
8 19 11
9 14 18
10 (extremely impacted) 23 48
1 4 2
9 18
12 10
19 14
23 0 2 0 2
13 7 9 11
18 48
0 10
20 30
40 50
60 1 (not impacted at all)
234
5 (impacted occasionally)
6789
10 (extremely impacted)
# of respondents indicating climate change is impacting their family now # of respondents indicating climate change will impact their family 10 years from now 314
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Cupertino Climate Action Plan | Public Survey #1 Results 5 Local climate impacts
Respondents were asked “How concerned are you about the following events taking place in Cupertino?”. Respondents are extremely concerned about drought and water supply, wildfires and smoke, and loss of habitat and species.

Local Climate Impact
Distribution of Responses
Not
concerned
at all
Slightly
concerned
Somewhat
concerned
Moderately
concerned
Extremely
concerned
Extreme temperatures and heat waves
(n = 111) 3 3 21 28 56
Wildfires and smoke (n = 110) 1 1 19 22 67
Sea level rise and storm surge (n = 109) 12 13 30 23 31 Extreme precipitation and inland
flooding (n = 110) 8 21 24 27 30
Drought and water supply (n = 110) 1 1 16 17 75
Loss of habitat and species (n = 110) 2 13 12 26 57
3 1 12 8 1 2
3 1
13 21
1 13
21 19
30 24
16 12
28 22
23 27
17 26
56 67
31 30
75 57
0 20
40 60
80 100
120
Extreme
temperatures and
heat waves
Wildfires and
smoke
Sea level rise and
storm surge
Extreme
precipitation and
inland flooding
Drought and
water supply
Loss of habitat
and species
Distribution of responses not concerned at all Distribution of responses slightly concerned Distribution of responses somewhat concerned Distribution of responses moderately concerned Distribution of responses extremely concerned
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Cupertino Climate Action Plan | Public Survey #1 Results 6 Climate action priorities
Respondents were asked “Climate action has many benefits beyond reducing greenhouse gas emissions.

Which of the following are most important to you? Select your top three (3) priorities.” Respondents indicate that ensuring a high quality of living for future generations is the most important co-benefit, followed closely by improving air quality and preserving natural spaces, and habitats.

Climate action benefits # of responses (n = 111)
Ensuring a high quality of living for future generations 52 Improving air quality 49
Preserving natural spaces, and habitats 42
Increasing green space and tree canopy cover 33
Improving water quality 25
Building strong communities that are prepared for natural disasters 24 Improving human health and lowering medical costs 21
Creating a more compact and walkable/bikeable community 20 Reducing traffic congestion 20
Reducing utility bills 18
Attracting new businesses and creating jobs 10
CAP strategy priorities
Respondents were asked “Which strategies do you think are most needed to reduce greenhouse gas emissions in Cupertino? Please rank from most needed (#1) to least needed (#9).” Majority of respondents want to improve energy efficiency in homes and businesses, followed by transitioning homes and businesses from natural gas to clean electricity and building a more walkable and bikeable city. Respondents who answered to this question through the Chinese or Spanish translated survey totaled 4 people (3 Chinese, 1 Spanish). Thus, while the distribution of responses is varied among language, the overall weighting of priorities is indicated above. The top 3 responses for each survey type are highlighted in blue below.

Local Climate Impact Distribution of Responses (n = 107) English Chinese Spanish
Improve energy efficiency in homes and businesses 4.32 5.33 6 Transition homes and businesses from natural gas to clean electricity for space/water heating 4.47 6.67 4
Building a more walkable and bikeable city 4.52 3.67 2
Create rules that curb pollution and limit polluting activities 4.82 5 9 Encouraging use of electric vehicles and electric vehicle infrastructure 4.88 7 8
Encourage rooftop solar panels and local renewable energy 4.95 4 3 Restore thriving natural spaces and plant trees 4.99 3 5 Increasing accessibility to public transit 5.17 4.67 1
Provide access to composting and encouraging mindful
purchasing habits 5.71 5.67 7
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Cupertino Climate Action Plan | Public Survey #1 Results 7 Climate action barriers
Respondents were asked “What do you foresee as the most significant barriers to taking climate action in Cupertino? Select the top three (3) barriers?” Respondents indicate cost and competing economic demands on the City and residents, and lack of agreement on the issues or how to prioritize them as the biggest barriers to climate action.

Local Climate Impact # of Responses (n = 108)
Cost and competing economic demands on the City and residents 52 Lack of agreement on the issues or how to prioritize them 44 Resistance to new mandates and requirements 42
Level of education and understanding about climate change in the community 39
Lack of local government leadership 31
Level of care or interest in the community 27
Equitable systemic climate change is difficult to implement at a local level 22
Level of local versus regional control 16
Uncertainty about climate risk 16
Technology has not been developed yet 10
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Cupertino Climate Action Plan | Public Survey #1 Results 8 Open ended questions
Respondents were asked, “Please describe in one to two sentences what a climate-friendly Cupertino would look like to you.” (n = 76) Below are some key findings:
ü Prioritize pedestrian and bike friendly
behaviors and infrastructure
ü Invest in better and more accessible public
transit
ü Prioritize EVs and build charging
infrastructure around the City
ü Reduce lawns and artificial turf
ü Increase tree cover and drought tolerant
plants around City
ü Adhere to sustainable design standard
ü Be a Zero Waste, Circular Economy
ü Strive for carbon neutrality
ü Provide affordable EVs and home
electrification options
ü Ban fossil fuels and transition to renewable
energy
ü Prioritize solar panel installation on
residential and commercial properties
ü Strive to be a national leader on climate
actions
ü Houses highly informed, educated and
engaged citizens
ü Prioritize equitability and inclusivity
ü Collaborate with other governments
ü Preserve parks and natural areas and
promote biodiverse green spaces
ü Promote green jobs
ü Conserve valuable resources (eg. water)
ü Encourage grassroots political action
ü Prioritize density housing located near jobs,
transit, and amenities
ü Build affordable housing
Respondents were asked, “What specific strategies or actions do you feel would most help the Cupertino community reduce greenhouse gas emission that are not listed above?”. (n = 64) Below are some key findings:
ü Plant more trees around City
ü Provide more climate education
ü Incentivize solar panels to homeowners
ü Prioritize education and outreach
ü Ban plastic bags
ü Protect water and reduce water usage
ü Include more adaptation actions
ü Include actions to address reducing energy
usage in existing homes
ü Prioritize vulnerable communities
ü Encourage use of public transit
ü Hold largest emitters responsible (Stevens
Creek Quarry and Kaiser Cement Plants)
ü Consider local tax on carbon
ü Subsidize electricity
ü Reduce consumerism
ü Encourage reduced meat diet
Respondents were asked, “Are there any additional barriers you would consider significant to taking climate action in Cupertino?”. (n = 35) Below are some key findings:
ü Lack of responsibility, education, and
personal action in the part of citizens
ü Societal resistance to change
ü Cost
ü Fear
ü Inconvenience
ü Zoning requirements
ü Competing priorities in local government
ü Consensus building
ü Lack of volunteers
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Cupertino Climate Action Plan (CAP) Update
Public Workshop #1 Summary
Introduction
This document summarizes participation, activities, and feedback from the Cupertino CAP Public Workshop #1.

Workshop Objectives
By hosting the workshop, the CAP team aimed to:
§ Build early awareness of the CAP goals and process among the general public. § Gather high-level priorities, and concerns about climate action in Cupertino. § Gather initial ideas for potential actions to include in the CAP.

Workshop Overview
Date & Time Thursday, July 29th, 2021 5:30-7:00pm
Location Online – Zoom Webinar
# of Registrants 79
# of Participants 53
# of Questions Submitted 43
# of Comments 32
Audience Members of the general public attended. The following organization affiliations were indicated during registration:
§ Cupertino City Council
§ Rotary Club
§ City of Sunnyvale
§ The Forum
§ Citizens’ Climate Lobby
§ Rite-Aid Corporation
§ Cupertino Chamber of Commerce
§ Cupertino for All
§ Cupertino Sustainability Commissioner
§ First Maganson Holdings
§ Apple, Inc.
§ Silicon Valley Youth Climate Action
Demographic Summary
27 (51%) of 53 participants responded to the demographic survey. See Participant Demographics section for more detail.

Age Most common age range was under 18
(22% under 18, 8% 18-24, 19% 25-34, 11% 35-44, 7% 45-54, 15% 55-64, 11% 65-74, 7% 75 or over) Race/Ethnicity Majority Asian or Asian American
(52% Asian or Asian American, 48% White or Caucasian)
Gender Equal numbers of men and women
(48% men, 48% women, 4% non-binary or non-conforming)
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Cupertino Climate Action Plan | Public Workshop #1 Summary 2 Workshop Agenda
Timing Activity
15 min Introduction & Polls
§ Andre Duurvoort (City of Cupertino) welcomed participants to the workshop. § Andrea Martin (Cascadia) facilitated a brief overview of poll questions using Zoom’s polling and chat box features.
20 min CAP Overview Presentation and Q&A
§ Andre Duurvoort and Andrea Martin provided an overview of anticipated climate impacts in Cupertino, emissions sources, the CAP, and the CAP development process. § Participants completed an open-ended poll question: “Complete the sentence with one word: ‘In 2050, I want Cupertino to be _________________.’”
§ Gilee Corral (City of Cupertino) moderated the question & answer session at the end of the presentation.
45 min Vision, Priorities & Initial Actions
§ Andre Duurvoort and Andrea Martin gave a brief overview of each of the six potential CAP sectors:

Buildings and Energy Consumption, Renewable Energy, Transportation and Land Use, Solid Waste, Carbon Sequestration and Natural Systems, and Resilient Communities. § Poll questions, by sector, were asked to gauge participants’ highest priorities and attendees were asked to share additional thoughts or ideas.
10 min Conclusion
§ Andre Duurvoort and Andrea Martin presented next steps, including future engagement opportunities.
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Cupertino Climate Action Plan | Public Workshop #1 Summary 3 Workshop Outcomes
Introductory Polls
Question #1: Have you noticed or experienced any changes in the environment since you started living or working in Cupertino? (34 responses)
Question #2: How familiar are you with climate change concepts, such as the causes and impacts of climate change and actions needed to slow or stop it? (34 responses)
Question #3: Why did you decide to attend the workshop today? Attendees wrote the following replies into the webinar chat box:
§ Excited to hear the housing and transportation aspects of Climate Action! § Wanted to know the initiatives that Cupertino is taking § I want to learn more about how everyday people can help create a bigger impact on climate change § Interested in how city land-use policies can be changed § I’m a recent college graduate, and I know that myself and others my age are completely screwed as is. I know that Cupertino is not doing very much on housing or transportation, which are the biggest ways that cities can reduce emissions.
§ I am a climate activist and long term resident of Cupertino. I want to share my ideas and find out what the City’s plan is
I'm not sure
26%
No
12%
Yes
62%
I have heard about climate change
issues but don’t know much about
them.
9%
I am familiar with some climate
change issues and try to stay
informed.
32%
I am well informed
about climate
change issues.
59%
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Cupertino Climate Action Plan | Public Workshop #1 Summary 4 Visioning Poll Question
During the CAP Overview presentation, attendees were asked: “Complete the sentence with one word: ‘In 2050, I want Cupertino to be ____________.’” Repeated responses included the terms “climate neutral,” “breathable,” and “diverse.” Questions & Answers
Throughout the presentations, attendees were encouraged to submit their questions into the Q&A box on the Zoom platform.

City staff provided written answers to some questions and verbal questions to others during designated Q&A sessions. There were 43 questions submitted during the workshop by attendees. Staff answered three questions verbally and responded to 21 in writing. Staff did not answer 19 of the submitted questions. Questions and comments answered verbally during designated Q&A sessions:
§ Would the city consider moving the GHG emissions reduction goal sooner than the current draft goal of 2040? What would be the reasons to keep it at 2040 versus adopting a more ambitious goal.

What we presented today are draft goals. Today, our aim is to get a sense of what your appetite is as a community to be more or less aggressive. One thing to keep in mind is that more aggressive targets mean more aggressive measures, or things we are going to have to do as a community. Some of the cities in our area that have recently updated their CAPs have set goals at where the state wants them to be, and some of them are more aggressive. We can decide this as a community. If we set a more ambitious goal we will have to think bigger and consider things like funding availability, what is practical to do, and what is going to create co-benefits. We want to look not just at what will avoid economic disruption, but at what will create value. Those are what we are encouraging you to think about in this goals conversation. The City Council would like to look at being more ambitious than what the state is doing. At the same time, the state is considering more ambitious targets – recent news out of the Governor’s Office is that they are considering a 2035 date for carbon neutrality. We are keeping track of these things as we create the plan. We are here to collect your feedback; if you would like us to be more aggressive, we will put that together into a proposed 322
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Cupertino Climate Action Plan | Public Workshop #1 Summary 5 roadmap. In our second and third public workshops, we will have more detail about that roadmap so you can see what those actions will look like in your everyday life.
§ It is not clear to me if you’re asking for all citizens to work towards drawing down our emissions, etc. of only the City Staff and services. Please clarify.

This is an important question, which gets at something we are asked all the time: “What can I do personally?” Climate change will take both municipal action and community action. We must act together, in concert. The City has a set of specific responsibilities for researching policies and complying with state law. We also need to make sure we receive feedback from you and from Council, make sure actions are distributed across City divisions, and get incorporated across planning documents and operational documents, like the work program. This really is a group effort that will take the whole village to address these issues. Some examples of programs that we support in the community are the Cupertino Climate Challenge, which is a website we set up that enables people to create their own personal climate action plan. You can find that at CupertinoClimateChallenge.org. That has a whole host of lifestyle changes you can do in your home, neighborhood, school, or community to really make a difference over time. § I noticed in the chart that our draft goal for 2030 is less steep than our current progress in reducing emissions. Is it because it is more difficult to cut emissions now, or is it because of something else? Yes – we have achieved a lot of the low-hanging fruit when it comes to reducing carbon emissions, and the next steps will become more and more difficult as we move towards net zero emissions. There are also many uncertainties about new strategies that might be available to us. There are evolutions daily in the innovation space around clean tech. But mostly, we took a look at what the state is telling us to do, chose to be slightly more ambitious than that and see how that feels, and then we’ll have a more informed conversation in the next couple of workshops about what it will really take to get there.

Questions and comments answered in writing throughout the webinar:

Climate Action Plan process
§ Will the CAP be CEQA qualified?
We are looking into this option. The first CAP was CEQA qualified. § How is the natural gas inventory going (discussed in July 1 stakeholder meeting)? We will have a better understanding as we update our GHG inventory, still underway.

Greenhouse gas emissions and the Climate Action Plan targets § What are the City GHG targets going to be?
This will be decided as part of this CAP update progress. § When you say 38% of our emissions are related to natural gas. Does that include methane leakage? Yes, fugitive emissions from natural gas leakage are included in our GHG inventory accounting. § Does the 38% include the cement factory?
Hi Dan, no, the plant emissions are not considered within Cupertino boundaries. Emissions from the plant would be accounted for in the Santa Clara County emissions inventory. 323
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Cupertino Climate Action Plan | Public Workshop #1 Summary 6 § To help with reducing transportation energy release, I’ve noticed that many roads near my house lack sidewalks and bike lanes and are not safe for pedestrians and cyclists. Would it be possible to build more of those to reduce the numbers of cars on the road?
The city adopted Bike and Pedestrian Plans that are currently being implemented - here is the site on the plans:
https://www.cupertino.org/our-city/departments/public-works/transportation-mobility/bicycle-and-pedestrian-travel You can follow the Bike Plan implementation here and also sign up for eNotifications on progress:
https://www.cupertino.org/our-city/departments/public-works/transportation-mobility/bicycle-and-pedestriantravel/bicycle-transportation-plan-implementation" § Is water not included in the CAP?
Emissions from the treatment of Cupertino's wastewater and energy used to pump water in Cupertino are accounted for in the inventory.
§ How does wastewater contribute to emissions?
Our 2015 GHG report reviews the methodology of accounting for wastewater emissions, on page 9:
https://www.cupertino.org/home/showpublisheddocument/14938/636524760503430000 § Are you taking about the emissions and targets of the City of Cupertino or for all of Cupertino? The community emissions and targets are for the entire city, including residential, commercial, institutional, etc. (municipal operations are included within the total for the community) § What is GHG?
Greenhouse gas
§ If Cupertino has a sister city in China, reach out to get that city to deal with climate.

That’s a great idea! Thanks for sharing
§ What does "transportation" include. Is it the total transportation citizens use, or is it transportation within the cities' borders? For example, if I drive from my home to San Francisco and back, is my total voyage included in "transportation".

Transportation includes on-road and off-road emissions within the city borders. We use the "origin destination model," which includes half of trips that originate or end in Cupertino as well. You can read more about how this is calculated in our 2015 report: https://www.cupertino.org/home/showpublisheddocument/14938/636524760503430000 Sectors and potential CAP strategies
§ Eliminate the use of natural gas at quinlan, blackberry farm, city hall, the library and community hall Thank you for the feedback!
§ Will the city work and support and team with sun run to electrify and decarbonize nonprofits and low-income households?
Hi, is there a specific program or initiative you had in mind re Sun Run? § Does the city have plans for drought management? For example, Stevens Creek and the reservoir are drying up fast resulting in loss of biodiversity in the surroundings.
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Cupertino Climate Action Plan | Public Workshop #1 Summary 7 Yes, we do. We have a new site dedicated to the response to the recent drought and emergency water shortage:

Cupertino drought response / resources: Cupertino.org/drought § Does the city have plans for creating/expanding current carbon sinks? Yes, we will incorporate this type of action as part of the CAP update. § We have installed solar panels and also drive an electric car. Can you suggest other measures we can undertake at a personal level?
https://cupertinoclimatechallenge.org/ is a great resource which has dozens of actions for residents and learn about local programs, rebates, and resources for each action. § In the Transportation and Land Use sector, does land use include our parks? Transportation & land use refers mostly towards density land use planning but Natural Spaces is where most of the parks actions are listed.
§ Please consider banning plastic in takeout containers.

We are currently creating a single use plastics ordinance that follows Santa Clara County’s framework. This is a 2021 City Work Program project. New website on this topic is coming soon... § Please inform businesses to not use "compostable' clamshells. According to Recology they are neither compostable NOR recyclable.

We are currently working on a single-use plastics ordinance that targets take out containers. This is going before City Council this year.
§ Any regulations for single use plastic containers or packaging in supermarkets? Yes, the City is working on a local code to address single-use plastic food ware.

Questions not answered during the webinar:

Climate Action Plan process
§ How do you reach the 30% who have no concern or awareness of the climate crisis? § Is there any consideration to coordinating the Climate Action Plan with the city's 6th Cycle RHNA Housing Element process? According to UC Berkeley's CoolClimate project, Cupertino's highest opportunities for reducing its carbon footprint are in electrification, reducing VMT, and infill development. Building new, energy-efficient, denser housing near transit and jobs would hit all three of those opportunities and the legally mandatory Housing Element process provides a unique chance to act on those opportunities. § Those of us here are the choir pretty much. How are we thinking about getting both education and action from the whole congregation?
§ Does the public have access to Via statistics?
Greenhouse gas emissions and targets
§ I notice that natural gas went up, I know this is due to Apple's bloom energy facility, what is the plan to stop this? 325
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Cupertino Climate Action Plan | Public Workshop #1 Summary 8 § I would like the plan to include a plan to eliminate the use of fossil fuels for transportation of city owned and operated assets well before 2035.
§ Can you give more details is included in mitigation, i.e. conserving H2O, draw down CO2? If so, then how will you measure these at the neighborhood level?
§ How might Earth’s atmosphere, land, and ocean systems respond to changes in carbon dioxide over time? Sectors and potential CAP strategies
§ What is the city’s number one priorities in the short term (next 5 years) and the long term (next 10-30 years) for GHG reduction?
§ What can we, as residents of Cupertino, do to help improve the climate? (We are doing the bike challenge and enjoying it!)
§ In 2010 we had low hanging fruit available to grab, in the form of the Silicon Valley Clean Energy. Is there similar low hanging fruit now? Andre said that we're looking for big impact actions. Do you have any in mind? § How will you enforce any recommendations for mitigation with private citizens? § So, what is happening with Lehigh? Can we close it down? § How could the city influence reducing single use plastic use in schools? § Can the City support and run a textile recycling program? https://www.roadrunnerwm.com/blog/textile-wasteenvironmental-crisis § Is it true that 40% of all food produced in the US is thrown away? § Tell me about Bloom energy, I suggest we ban this technology. § My understanding is that municipalities across the US are struggling on solid waste storage / dumping, especially given larger supply chain events around recycling - how does Cupertino stand on waste? Are we constrained in our capacity or our contractor's capacity to handle our waste?
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Cupertino Climate Action Plan | Public Workshop #1 Summary 9 Sector Priorities
In the Vision, Priorities & Initial Actions section of the workshop, the City presented an overview of each sector and potential actions. Cascadia then facilitated a brief multiple-choice poll asking, “What is your top priority for the City to accomplish in this focus area?” Next, participants were invited to add any other ideas, thoughts, or considerations for the City into the chat box.

Results from these activities are summarized below.

Buildings & Energy Consumption
The top two priority focus areas that respondents indicated were: to retrofit older buildings to be more efficient (39%, 12 responses) and to retrofit older buildings to replace gas with cleaner electric appliances (29%, 9 responses). There were 31 total responses to the poll question.

Comments submitted indicated some support for a transition away from natural gas in new and existing buildings and interest in resources to assist appliance replacements.

Comments
§ I would like the city to eliminate natural gas usage in all city buildings § Tying goals to increased density or specifying tangible targets related to TOD housing units § I would like to ban any permits for fuel cells
§ A burnout ordinance
§ Resources for residential appliance replacements (water heaters, stoves, etc.) § The city council actually has to approve new buildings if new energy standards are going to matter. § To eliminate the use of natural gas in buildings and make insulation more efficient § Looking into the possibility of a natural gas ban
§ Resources in the form of databases for contractors familiar with this work, perhaps subsidies or assistance for lower income residents to help with the capital cost of appliance replacements § Ban the sale of natural gas appliances in Cupertino
§ If wood can be substituted for concrete or steel, please do it.

Retrofit older buildings to
be more efficient
39%
Retrofit older buildings to
replace gas with cleaner
electric appliances
29%
Encourage use of low
carbon materials for
buildings
19%
Other
10%
Help us to save money
on utilities
3%
Buildings & Energy Consumption Priorities
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Cupertino Climate Action Plan | Public Workshop #1 Summary 10 Renewable Energy
The majority of respondents listed “Promote neighborhood solar or ‘micro-grids’ to protect critical infrastructure and homes” as their top priority focus area (51%, 19 responses). There were 37 total responses to the poll question.

Comments submitted indicated support for solar, micro-grids, and a transition away from natural gas in new and existing buildings, and interest in resources and information about eliminating natural gas.

Comments
§ I am an owner and landlord, would like to see tax rebates to eliminate natural gas usage in my rental homes § Concierge service to help me understand savings associated with eliminating natural gas. I would like to see an incentive program to install batteries on my home and rentals § Will the City support sun run?
§ Not to be too negative but I would personally be disappointed to see the City investing in "cleaner" natural gas sources, I don't think energy and resources are best served by investment there when state policies may eliminate or shift usage of those sources anyways - better to focus on new development standards and reduce opportunities for net new consumers of natural gas.
§ I agree with Sean; it would be better to phase out the old gas pipelines for new and existing buildings and move towards full electrification
§ Solar must be a huge part of any development going forward. § In addition to solar, battery backup is critical.

Promote neighborhood
solar or “micro-grids” to
protect critical
infrastructure and
homes
Streamline permitting and 51%
technical support for installing
clean energy on my property
24%
Promote clean energy
jobs and innovation
hubs in Cupertino
11%
Find sources of low-carbon
gas, such as bio-gas for the
existing pipeline system
8%
Support renters and fixedincome residents to reduce their energy costs
6%
Renewable Energy Priorities
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Cupertino Climate Action Plan | Public Workshop #1 Summary 11 Transportation and Land Use
The top two priority focus areas for Transportation and Land use are to “Improve public transit access and/or infrastructure” (34%, 11 responses) and “Increase the walkability and bikeability of Cupertino (28%; 9 responses). There were 32 total responses to the poll question.

Comments submitted indicated support for housing density, especially near transit. One commenter noted that permits for duplex houses in single house lots will support equity.

Comments
§ I would love to see a tie between enabling more high-density housing development, to make the cost/benefit for transit projects more attractive
§ To reduce personal car ownership, we need to build more densely, in coordination with the housing element § Creating more permits for duplex houses in single house lots would be extremely beneficial and also help with social equity
Improve public
transit access
and/or
infrastructure.
34%
Increase the walkability and
bikeability of Cupertino.
28%
Encourage electric
vehicle charging stations
and subsidize the cost of
electric vehicles
16%
Invest in better alternative
options to connect to
neighboring cities such as VIA
community Shuttle, Car
Share, or e-bikes
16%
Improve public transit
guideway highway 85
3%
Other
3%
Transportation & Land Use Priorities
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Cupertino Climate Action Plan | Public Workshop #1 Summary 12 Solid Waste
The majority of respondents listed “Reduce single-use plastic, such as take-out food containers and other packaging” as their top priority focus area (58%, 19 responses). There were 33 total responses to the poll question.

Comments from participants indicated support for residential composting and concern about compostable clamshell containers.

Comments
§ All of the above
§ Encourage compost for apartments and townhouses
§ Please inform businesses to not use "compostable' clamshells. According to Recology they are neither compostable NOR recyclable
Reduce single-use plastic,
such as take-out food
containers and other
packaging.
58%
Encourage companies or
producers to be responsible
for material disposal or
recycling
21%
Minimize food waste and
ensure edible food is
rescued for hunger relief.
9%
Reduce dependence on
other plastic products
9%
Other
3%
Solid Waste Priorities
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Cupertino Climate Action Plan | Public Workshop #1 Summary 13 Carbon Sequestration & Natural Systems
The highest number of respondents indicated that their top priority focus area for Carbon Sequestration & Natural Systems is to “Increase the number of trees and amount of shade in Cupertino” (41%, 13 responses). There were 32 total responses to the poll question.

Comments
One comment was submitted in support of increasing biodiversity at residences:
§ The City of Santa Monica has a “Cash for Grass” program where they pay residents to take out grass and put in biodiverse plants. Something to consider https://www.smgov.net/Departments/OSE/categories/water.aspx Increase the
number of trees and
amount of shade in
Cupertino.
41%
Update water system infrastructure
Increase water conservation education
and programs
19%
Improve
ecosystem health
and reduce
pollution
16%
Encourage plantrich diets
12%
Preserve and manage open
spaces; conserve wildlife
12%
Carbon Sequestration & Natural Systems
Priorities
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Cupertino Climate Action Plan | Public Workshop #1 Summary 14 Resilient Communities
The top two priority focus areas for Resilient Communities are to “Support communities that are most affected by climate change impacts” (31%, 10 responses) and “Improve disaster preparedness and communication” (27%; 9 responses). There were 33 total responses to the poll question.

Comments
There was one comment submitted questioning how success will be measured for Resilient Communities actions:
§ This is understandably hard to do, but will there be tangible goals associated with community resiliency and goals around helping impacted communities?
Support communities
that are most affected by
climate change impacts.
31%
Improve disaster preparedness
and communication.
27%
Create and improve public
resources such as cooling
centers to support residents
during wildfire smoke and
heat events.
18%
Support workforce
education and training
create jobs in clean energy
and natural systems
18%
Ensure vulnerable
populations are prioritized
during climate events
3%
Other
3%
Resilient Communities Priorities
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Cupertino Climate Action Plan | Public Workshop #1 Summary 15 Participant Demographics
27 (51%) of 53 participants responded to the demographic survey questions.

Race/Ethnicity
Most respondents (52%) were Asian or Asian American; the remaining 48% were White or Caucasian.

Race/Ethnicity # %
Asian or Asian
American 14 52
White or
Caucasian 13 48
Age
The highest percentage of respondents (22%) were under 18 years old.

Age # %
Under 18 6 22%
18-24 2 8%
25-34 5 19%
35-44 3 11%
45-54 2 7%
65-74 3 11%
75 + 2 7%
Asian or
Asian
American
52%
White or
Caucasian
48%
Race/Ethnicity
18-24
8%
25-34
19%
35-44
11%
45-54
55-64 7%
15%
65-74
11%
75 or over
7%
Under 18
22%
Age
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Cupertino Climate Action Plan | Public Workshop #1 Summary 16 Gender
There were equal numbers of respondents who identified as men (48%) and women (48%), and one non-binary participant.

Gender # %
Woman 13 48%
Man 13 48%
Non-binary or
non-conforming 1 4%
Man
48%
Non-binary/nonconforming
4%
Woman
48%
Gender
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1 Cupertino Climate Action Plan (CAP) Update
Subcommittee Meeting #2 | August 19, 2021 | 4:00 – 5:00PM | Zoom Table of Contents
Background............................................................................................................................................................................ 1 Meeting Objectives................................................................................................................................................................ 1 Agenda Overview................................................................................................................................................................... 1 Meeting Summary ................................................................................................................................................................. 2 Participants ........................................................................................................................................................................ 2 Discussion .......................................................................................................................................................................... 2 Action Items....................................................................................................................................................................... 3 Background
The Climate Action Plan Update Subcommittee will review and discuss policy options and receive diverse stakeholder feedback related to the CAP update. The Subcommittee will be a key intermediary and liaison throughout the climate planning process—bridging the broader community with City leadership and bringing together public/stakeholder input and technical information to arrive at recommendations for Council. At upcoming stakeholder and public meetings, the subcommittee will listen, ask probing questions, bring back discoveries to the Sustainability Commission, and lead conversations at Commission meetings to form recommendations for the CAP.

The second meeting between the Subcommittee and Cascadia team will focus on gathering strategic Subcommittee feedback on the: 1) goals and targets for Cupertino’s CAP update, 2) strategies and actions, and 3) upcoming public engagement opportunities.

Meeting Objectives
- Review draft CAP targets
- Brainstorm high impact strategies and actions to achieve draft CAP targets - Review upcoming public engagement and options for outreach activities Agenda Overview
Total meeting length: 60 minutes
Time Item
5 min Introduction
30 min Discuss targets
20 min Additional outreach considerations
5 min Conclusion
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2 Meeting Summary
Participants
Name Affiliation
Vignesh Swaminathan City of Cupertino Sustainability Commissioner Gary Latshaw City of Cupertino Sustainability Commissioner Victoria Morin City of Cupertino
Andre Duuvoort City of Cupertino
Kelsey Bennett Rincon Consultants, Inc.

Ryan Gardner Rincon Consultants, Inc.

Mike Chang Cascadia Consulting
Discussion
Discussion Topic Key Themes
CAP Targets and
Measures
• Cupertino’s CAP targets are aligned with the Paris Climate Accords, which is considered the “gold standard” of GHG reduction. These targets are more aggressive than the state emission reduction targets.
o Reduce 60.7% by 2030
o Net Zero by 2040
• Meeting the minimum state standards – which the Cupertino CAP Update will do – will help streamline projects under CEQA.
• The CAP Subcommittee would like to see aggressive reductions from City-owned buildings and operations since the City has control over their own facilities. They want the City to be an example to the rest of the community.
• Rincon is building a scenario planning tool to inform the CAP measures. • The CAP Subcommittee recommends:
o If the City can’t pass ambitious and aggressive actions at the community-level, the City can make policy requests or lobby for actions at the State or regional level (e.g., Governor’s office).
o The City should be aggressive in its measures that it has control over – for example, issuing building permits, banning gas in buildings, utilizing CCAs to supersede renewable portfolio trajectories, or implementing ordinances for EV charging. o Utilize Rincon’s scenario planning tool to identify feasible pathways to reach aggressive targets. For example:
§ Identify the # of parking spaces that are EV capable. § Natural gas reduction opportunities.
§ VMT reduction – although notoriously difficult based on best available science. § Electrification impacts to the energy grid.
o Partner with private businesses – such as construction companies or gardeners – to reduce their usage of gas.
o Partner with regional organizations – such as CalTrans – to successfully implement measures that reduce GHG emissions in Cupertino.
o Leverage Cupertino’s existing EV infrastructure – which is about 6% adoption, approximately twice the rate as comparable jurisdictions – to continuously expand EV adoption from residents.
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3 Discussion Topic Key Themes
Public Outreach
& Engagement
• There is a new website: Cupertino.org/climateaction. The City is seeing visitation and engagement peaks aligning with public outreach efforts. • Survey currently has 48 responses – 47 in English and 1 in Spanish. • Some initial survey results:
o 3 top priorities for the CAP are:
§ Ensuring high quality of life for future generations
§ Improving air quality
§ Preserving natural spaces and habitats
o Biggest concerns are:
§ Smoke/fires
§ Drought and water supply
o Demographics:
§ Primarily Cupertino residents.
§ Need more Black and Indigenous people to take the survey to have it be more representative of Cupertino.
• Upcoming public engagement includes:
o Fall Festival tabling, September 11 from 10 a.m. to 8 p.m. o Stakeholder workshop #2 (targeted affordable housing), September 30 from 5:30 to 7 p.m.
o Public workshop #2 (virtual), October - Date TBD
o Subcommittee Meeting #3, October – Date TBD
o Stakeholder workshop #3, Tent- October 27
o Public workshop #3, December 2021
o Stakeholder workshop #4, January 2022
• Key considerations from the Subcommittee include:
o Utilize the networks of Subcommittee Members to amplify survey. For example, Gary can share the survey and website with Rotary Club members. o Would like to see more flyers and postcards in grocery stores and public right of ways, such as sidewalks.
o There should be intentional outreach to schools and educational institutions, especially with high schools and De Anza College. Should get the survey out to them as well.

Action Items
• Rincon will:
o Send the CAP Subcommittee the six pillars for the CAP measures. • CAP Subcommittee will:
o Email Rincon and Cupertino City staff with other questions and ideas about CAP Measures. o Gary will distribute survey to Rotary Club members.
o Gary and Vignesh will email dates they aren’t available for public workshop #2. o Subcommittee will let the City know if they need any materials and the City can print them off. 337
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1 Cupertino Climate Action Plan (CAP) Update
Stakeholder Engagement Workshop #2 Summary
September 30, 2021 | 5:30-7:00pm | Zoom
Contents
Background .......................................................................................................................................................... 1 Meeting Objectives.......................................................................................................................................... 1 Agenda Overview............................................................................................................................................. 1 Participants...................................................................................................................................................... 2 Introduction ......................................................................................................................................................... 2 Icebreaker ........................................................................................................................................................ 2 CAP Update Overview and Discussion ................................................................................................................. 3 Discussion Highlights and Themes................................................................................................................... 3 Demographic Polling ........................................................................................................................................ 6 Background
To reach frontline communities and historically underserved populations, the City plans to host targeted meetings with representatives of priority communities—including Black, Indigenous, and communities of color, people with limited English proficiency, unhoused and low-income people, and the elderly, among others. The aim will be to build meaningful, long-term relationships with critical perspectives (e.g., community-based organizations, marginalized communities, faith-based organizations) to create space for their voices in the process and leverage their expertise. The second stakeholder workshop focused on advocates for affordable and low-income housing.

Meeting Objectives
• Build early awareness of the CAP process.
• Gather high-level ideas, priorities, and concerns.
• Build relationships with key stakeholder groups.

Agenda Overview
Time Item
15 min Introduction
25 min CAP Overview Presentation and Q&A
40 min Discussion on CAP Priorities and Strategies
10 min Conclusion and Next Steps
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2 Participants
Workshop Participants
Name Affiliation
Rachel Hart LEAB
Mair Dundon N/A
Eun Young Kim N/A
Zixuan Tian N/A
Micki S. N/A
Kathi Chew N/A
Rebecca Smith St. Jude’s Episcopal Church
Ricky Parsaoran N/A
Hui Tian N/A
Hong Jiang N/A
Project Staff
Name Affiliation
Gilee Corral City of Cupertino
Andre Duuvoort City of Cupertino
Victoria Morin City of Cupertino
Gabriel Borden City of Cupertino
Karen Chen City of Cupertino
Mike Chang Cascadia Consulting Group
Introduction
City staff and the consultant team provided a brief introduction of the CAP project team and welcomed all the participants to the stakeholder meeting. Cascadia provided an overview of Zoom tips and of the meeting’s agenda.

Icebreaker
As an icebreaker near the start of the workshop, participants were asked a series of questions using PollEverywhere, including:
• What is your favorite natural feature in and around Cupertino? • How familiar are you with climate change concepts – such as causes and impacts of climate change and actions needed to mitigate it?
• What is one thing you’ve noticed changing in our region and environment? Below are the answers from our icebreaker questions.
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3 Icebreaker Question Answers
What is your favorite natural
feature in Cupertino?
• Midpeninsula open space
• Blackberry farm
• Stevens Creek at Blackberry Farm
• The library
How familiar are you with
climate change concepts – such
as causes and impacts of
climate change and actions
needed to mitigate it?
If you could see one thing
included in this climate action
plan update, what would that
be?
• Housing continues to be a
massive challenge
• More people are aware of
the environment and our
impact
• All of the fires
• More fires nearby
• Vallco Mall lot is barren
• Lots of traffic
• Wildfire smoke
• Fire danger
CAP Update Overview and Discussion
City staff presented an overview of climate change, the climate action planning process, and the City’s progress so far and then answered questions from participants. Following this presentation, participants were divided into two breakout groups to discuss more about the CAP, its goals, and its measures.

Discussion Highlights and Themes
Discussion
Question
Highlights and Themes
Vision: In 2050, I
want to see
Cupertino be
_______________.
• Multicultural
• Resilient
• Truly inclusive and interconnected community
• Universal basic income
• Green initiatives that integrate traditionally disenfranchised communities • Accessible public transportation
• Economically diverse that is powered by local residents who work and live here • Access to home ownership
• Convenient charging stations for EVs
• More bike-friendly and walkable city that is safe for residents • Knowledgeable about how to sell and recycle gas-powered cars How will
eliminating natural
gas in buildings
affect housing and
affordability?
• Actions to consider:
o Support the transition to electric heaters.
o Cupertino needs to incentivize or subsidize air purifiers or swamp coolers.
o Have backup emergency generators to for housing complexes, especially for senior residents.
o Education efforts to teach residents to prepare for extreme climaterelated events. 340
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4 Discussion
Question
Highlights and Themes
o Educate the public to wear a mask around leaf blowers. • Additional considerations:
o Don’t like gas stoves because of fear that it will cause fires. o Need to consider the disability community – keeping cool, water shortages, and wildfires affect this community and their ability to respond.
o Rely less on PG&E, especially considering that there is conflict of interest being a privately-owned public utility.
o Clean energy transition should lead to affordability co-benefits.

How will converting
all vehicles to
electric affect
housing and
affordability?
• Actions to consider:
o N/A
• Additional considerations:
o While gas is expensive, electricity can also be expensive and drive up energy costs.
o Gas cars still may be preferable because they have a longer driving range. However, EVs are improving this aspect.

How will requiring
compost at all
homes affect
housing and
affordability?
• Actions to consider:
o Support actions that make it easier for people to compost. • Additional considerations:
o Support for composting newspaper and cardboard, though unsure about whether should compost food scraps.
o Composting can be difficult in a multi-family unit since this will require cooperation from all units.

How will prioritizing
multifamily homes
in zoning & land use
affect housing and
affordability?
• Actions to consider:
o Limit dust and other airborne particulates for new construction to improve air quality for nearby residences.
o Education to not conflate the different types of multi-family housing options and communicate the importance of this to reach climate action goals and support housing affordability.
o Build more affordable housing to allow people to have access to services and amenities. This can help increase community resiliency and creativity for new climate solutions.
• Additional considerations:
o General support of this, while acknowledging that there will be pushback from others (e.g., affluent homeowners, NIMBYs).

What is top of mind
in your life and
experience when
you think about
these issues?
• Wildfire smoke and poor air quality
o Actions to consider:
§ Distribute N-95 masks during wildfire smoke days at key community centers, such as the City library.
o Additional considerations
§ Concern for children because they will be most impacted. § Hard for the elderly.
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5 Discussion
Question
Highlights and Themes
§ If people have to stay indoors, there may be other associated impacts (e.g., lack of physical activity, mental health considerations).
§ Increased insurance costs.
• Water shortage and drought
o Actions to consider:
§ Encourage personal behavior change to conserve water, such as taking shorter showers and stop watering lawns during droughts.
§ Tap into alternative water sources.
o Additional considerations:
§ Concerns about California population growth.
§ Concerns about rising water bills with more restricted supply. • Keeping cool during more frequent heat waves
o Concern for children and the elderly.
• Power shutoffs from wildfire season and very hot days o Actions to consider:
§ City should loan out generators for low-income households. o Additional considerations:
§ Concern that refrigerated food will go bad.
§ Affordability and access concerns – for example, purchasing an electric generator isn’t a viable option for everyone, especially those who may need it (e.g., for medical reasons, such as reliant on ventilators or other devices).
§ If you have an electric generator, can also plug it into your car if outage is long.
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6 Demographic Polling

1. Select all that apply: Which of the following best represents your race/ethnicity? Race Number of Participants Percentage
White or Caucasian 2/10 20%
Asian or Asian American 1/10 10%
Latino, Latina, or Latinx 0/10 0%
Middle Eastern, North
African, or Arab American
0/10 0%
Other 0/10 0%
Prefer not to say 6/10 60%
Black or African American 1/10 10%
Native American, American
Indian, or Alaska Native
0/10 0%
Native Hawaiian or Pacific
Islander
0/10 0%

2. What is your gender identity?
Gender Identity Number of Participants Percentage
Man 0/10 0%
Woman 3/10 30%
Non-binary/nonconforming1/10 10%
Other 0/10 0%
Prefer not to say 6/10 60%

3. What is your age?
Age Number of Participants Percentage
Under 18 0/10 0%
18-24 0/10 0%
25-34 0/10 0%
35-44 0/10 0%
45-54 1/10 10%
55-64 2/10 20%
65-74 1/10 10%
75+ 0/10 0%
Prefer not to say 6/10 60%
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Cupertino Climate Action Plan (CAP) Update
Public Workshop #2 Summary
Introduction
This document summarizes participation, activities, and feedback from the Cupertino CAP Public Workshop #2.

Workshop Objectives
By hosting the workshop, the CAP team aimed to:
§ Provide updates about the Cupertino CAP’s emission forecasts and GHG reduction targets. § Present the draft Mitigation Measures.
§ Gather feedback about the draft Mitigation Measures.

Workshop Overview
Date & Time Monday, October 11th, 2021, 5:30-7:00pm
Location Online – Zoom Webinar
# of Registrants 77
# of Participants 40
# of Panelists 7
# of Responses Submitted 238
# of Questions Submitted 47
Audience Members of the general public attended. The following organization affiliations were indicated during registration:
§ City of Cupertino
§ The Forum at Rancho San Antonio
§ Cupertino Village Shopping Center
/ Kimco Realty
§ Cupertino City Council
§ Santa Clara Audubon Society
§ Silicon Valley Youth Climate Action
§ Silicon Valley Clean Energy
§ San Jose Water Company
§ CYCAC
§ First Maganson Holdings
§ Utkal University
§ Bay Area Regional Collaborative
§ Apple Inc.
§ Santa Clara University
§ Sierra Club Loma Prieta Chapter
Demographic Summary
20 (50%) of 40 participants responded to the demographic survey. See 344
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Cupertino Climate Action Plan | Public Workshop #1 Summary 2 Participant Demographics section for more detail.

Age Most common age range was 25-34 or 75 or over
u 10% under 18
u 20% in 25-34
u 5% in 35-44
u 10% in 45-54
u 15% in 55-64
u 15% in 65-74
u 20% in 75 or over
u 5% Prefer not to say
Race/Ethnicity Majority White or Caucasian
u 50% White or Caucasian
u 35% Asian or Asian American
u 5% Prefer not to say
u 10% Multiracial (5% Asian or Asian
American and Latino, Latina, or Latinx;
and 5% White or Caucasian and Asian or
Asian American)
Gender Majority men
u 50% men
u 45% women
u 5% Prefer not to say
Workshop Agenda
Time Item
15 min
5:30-5:45
Introduction
§ Andre Duurvoort (City of Cupertino) welcome participants to the workshop and provided an overview of workshop objectives and goals.
§ Mike Chang (Cascadia) provided an overview of Zoom webinar functions and facilitated a series of icebreaker questions.
20 min
5:45-6:05
CAP Presentation: Emissions Forecast and Targets
§ Andre Duurvoort provided an overview of anticipated climate impacts, emission forecast and largest GHG emissions sources, actions taken to date, emission reduction targets, and what it means for life for Cupertino residents in 2030.
§ Gilee Corral (City of Cupertino) and Victoria Morin (City of Cupertino) answered questions from the Q&A chat box.
§ Gilee Corral moderated a Q&A session after the presentation. 50 min
6:05-6:55
Discussion: Mitigation Measures and Actions
§ Mike Chang facilitated a discussion around the following measures and goals: 1) half of Cupertino buildings are completely electric; 2) most of your everyday trips are by public transport, walking, biking, scootering, or wheelchair and we shift away from single-occupancy vehicles; 3) when you do drive, you use an electric vehicle; and 4) you are creating less waste in the landfill. § For each measure and goal, Mike Chang facilitated gathering feedback around the following three questions:
- What challenges or barriers do you see for yourself that will prevent you from making this change? For your family? For your neighbors?
- What would be needed for you to make this change?
- What are the equity considerations? Who would benefit? Who would be harmed? § After going through each of the measures, Mike Chang provided an overview of what life in 2030 would 345
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Cupertino Climate Action Plan | Public Workshop #1 Summary 3 Workshop Outcomes
Introductory Polls
Question #1: What is one thing you want to see the City do or change in this Climate Action Plan? (15 responses) § Go zero waste
§ I do not want natural gas appliances banned
§ How will Cupertino go net zero?
§ I would like to see the city be a bit more
aggressive/ambitious with it’s GHG reduction goals
§ Be a leader for other California cities on reducing
GHGs
§ Less use of water in public spaces (don’t water the
grass as much), encourage more sustainable (e.g.
plant-based) food alternatives
§ Significant reduction in greenhouse gas emissions
from power plants
§ I would like the city to prioritize the environment
more, and be more aggressive in plans
§ Encourage more non-vehicle transportation such as
walking or biking to school/work. It seems like a small thing, but it makes a BIG difference
§ Incentivize upgrades to homes, especially those being rented out
§ Set a goal to eliminate natural gas distribution in
Cupertino
§ Stronger support for walking/biking infrastructure
§ Eliminate gas operated city vehicles
§ I want to see the city asking the State and Federal
representatives to support actions that will reduce
our footprint
§ I would like to see the City use the Pareto principle in choosing what to do
Question #2: What is one thing you want to do or change to reduce your carbon footprint? (20 responses) § Drive less
§ Electric car and solar panel installation
§ Would like to use more public transport
§ Increase the insulation in my house in preparation for heat pump
§ Install solar panels, use only the electricity I generate § Plant trees for carbon offset!!! (I think that’s how it works…)
§ Move out of a standalone house into a small
apartment
§ Use my bike more to go on errands
§ Use less plastic
§ Bike more on safe roads
§ Upgrade my home’s windows and insulation
§ Replace gas with electrical appliance
§ Use less fossil fuels
§ Reduce waste => compost more and plastic recycling
§ Install a heat pump furnace
§ Replace our gas furnace with a heat pump.
§ Install a heat pump water heater and furnace in my
rental buildings
§ Replace my hybrid with an electric car.
§ Wear smaller shoes
Time Item
look like for Cupertino residents. Mike then facilitated gathering feedback on the following questions:
- What do you think of this life for yourself? Do you see barriers? - What else is missing (e.g., adaptation, community resilience, etc.)? 5 min
6:55-7:00
Conclusion & Next Steps
§ Andre Duurvoort wrapped up the workshop by providing some other engagement opportunities and contact information. Mike Chang facilitated a Zoom poll to gather demographic data from participants. 346
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Cupertino Climate Action Plan | Public Workshop #1 Summary 4 § Reduce automobile use—requires a bike/pedestrian
friendly city
Question #3: Why did you decide to attend the workshop today? (17 responses) § To support effective measures to decarbonize
Cupertino
§ To learn more about future plans
§ I'm an environmental activist and hope to learn more
about Cupertino's plan!
§ To see how aggressive the climate goals are for the
city.
§ Opportunities like these are not too common, and
people need to speak up if we hope to survive climate
change.
§ Recently moved back to Cupertino and want to see
what the City is up to
§ would like to be involved with Cupertino’s climate
plan, in order to best facilitate environmental
progress.
§ To make sure the youth voice was present and
because I’ve found a lot of value in the past
workshops :)
§ Because I feel that acting locally is important.
§ To better understand the interaction between
individual actions and government policy
§ I'm here as senior from CHS and I wanted to hear
more about how students can get involved and how
we can be supported by the city Learn about
programs available to residents
§ I am concerned that the plans for changes do not
consider the cost to our lower income residents and
renters.
§ Would like to do something to fight climate change
rather than feel helpless.
§ Learn what I can do to help myself and Cupertino be
more sustainable
§ Interested in reducing climate change by acting
§ Because I feel that the climate action plan is not
focused on the highest payback actions
§ Supporting walk/bike to school especially (since I am a student) and make a sizeable change in our carbon
footprint
CAP Emissions Forecast and Targets Presentation
Questions from Chat (5 questions)
§ How does the 24% reduction (assuming that is Cupertino) compared to the rest of the state. If that is the state number, how do you measure Cupertino’s individual reduction? § Follow up: It was a simple question: What has the state done during the same period? It would be helpful to not be redirected off into the internet vs staying focused and engaged on this meeting. § I can see natural gas increased because of APPLE`s Bloom Energy Fuel Cells § Is there a reason why Natural Gas usage has increased over the years? Is it an electricity replacement? § But they went up between 2019 and 2020 due to APPLE.