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CC 07-27-2021 AgendaCITY OF CUPERTINO CITY COUNCIL AGENDA 10300 Torre Avenue, Conference Room C and this meeting will also be a teleconference meeting. Tuesday, July 27, 2021 6:15 PM Non-Televised Special Meeting Closed Session IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be an in-person and a teleconference meeting to help stop the spread of COVID-19. Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Members of the public may provide in person oral public comments in the open session prior to the closed session at City Hall, 10300 Torre Ave, Cupertino, CA 95014. Members of the public who address the City Council must complete a Speaker Card and may address the Council outside of the City Hall front entrance. 2) E-mail comments for the Closed Session by 4:30 p.m. on Tuesday, July 27 to the Council at citycouncil@cupertino.org. 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 for the Closed Session during the time for Public Comment before the meeting to the City Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and display any attachments on the screen, for up to 3 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 cityclerk@cupertino .org prior to speaking. 4) Teleconferencing Instructions Members of the public may provide oral public comments in Open Session prior to the Closed Session teleconference meeting as follows: Page 1 City Council Agenda July 27, 2021 To address the City Council, click on the link below to access the meeting : Online Please click the link below to join the meeting: https://cityofcupertino.zoom.us/j/92853304224 Phone Dial 669-900-6833 and enter Meeting ID: 928 5330 4224 (Type *9 to raise hand to speak) 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. If you wish to make an oral public comment but do not wish to provide your name, you may say “Cupertino Resident” or similar designation. 3. Prior to the beginning of Closed Session and after Roll Call, members of the public will have an opportunity to speak. If you wish to speak, click on "raise hand," or, 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 to 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 6 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, July 27, 2021, commencing at 6:15 p.m in City Hall, Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014. In accordance with Governor Newsom’s Executive Order No-29-20, this will also be a teleconference meeting without a physical location. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." Page 2 City Council Agenda July 27, 2021 SPECIAL MEETING ROLL CALL CLOSED SESSION 1.Subject: Conference with Legal Counsel - Existing Litigation. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding the following existing litigation: (a) City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case No . 21CV380291 (b) City of Arcata et al. v. Pacific Gas & Electric Co., San Francisco County Superior Court Case No. CGC-20-585483 2.Subject: Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation pursuant to Government Code section 54956.9(d)(4) (three potential cases) OPEN SESSION REPORT REGARDING CLOSED SESSION ADJOURNMENT 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 teleconference 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 6 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, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Page 3 City Council Agenda July 27, 2021 IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 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. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . Page 4