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10-22-21 Public Hearing Legal Ad - Cupertino Water System LeaseThe Cupertino Courier c/o Bay Area News Group 4 N. 2nd Street, Suite 700 San Jose, CA 95113 2083307 CITY OF CUPERTINO ATTN: KIRSTEN SQUARCIA 10300 TORRE AVENUE CUPERTINO, CA 95014 PROOF OF PUBLICATION State of California County of Santa Clara FILE NO. L.Sapudar: Liner -Muni Water Syst 1st Amend. I am a citizen of the United States. I am over the age of eighteen years and I am not a party to or interested in the above entitled matter. I am the Legal Advertising Clerk of the printer and publisher of the Cupertino Courier, a newspaper published in the English language in the City of Cupertino, County of Santa Clara, State of California. I declare that the Cupertino Courier is a newspaper of general circulation as defined by the laws of the State of California as determined by court decree dated November 13, 1956, Case Number 100637. Said decree states that the Cupertino Courier is adjudged to be a newspaper of general circulation for the City of Cupertino, County of Santa Clara and State of California. Said order has not been revoked. I declare that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 10/22/2021 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Executed at , California. On this 22th dray of October, 2021. G.2�-� Public Notice Advertising Clerk Legal No. 0006617261 CITY OF CUPERTINO NOTICE OF PUBLIC HEARING CONSIDERATION OF A FIRST AMENDMENT OF CURRENT LEASE FOR THE CUPERTINO MUNICIPAL WATER SYSTEM TO EXTEND TERM BY UP TO THREE YEARS At the Council meeting on November 2, 2021, at 6:45 p.m. or as soon thereafter as may be heard, the Cupertino City Council will conduct a public hearing regarding a First Amendment of the current lease of the Cupertino Municipal Water System (Water System) between the City of Cupertino (City) and San Jose Water Company (SJWC) to extend the term by up to three years. NOTICE IS HEREBY GIVEN that the City Council of the City of Cupertino will hold a Public hearing on the matter described below. In accordance with Government Code 54953(e), this will be a tel- econference meeting without a physical location to help stop the spread of COVID-19. Members of the Public will be able to observe and address the meeting. telephonically or other- wise electronically from the City's website through procedures that will be detailed in the pub- lished meeting agenda. DESCRIPTION: The City Council will consider a First Amendment to extend the term of the cur- rent lease of the Cupertino Municipal Water System between the City of Cupertino and San Jose Water Company to discuss the proposed changes to the lease terms for the Water System. HEARING DATE: Tuesday, November 2, 2021, at 6,45 p.m. ADDRESS This will be a teleconference meeting without a physical location IMPORTANT NOTICE: If you wish to challenge the City Council's action in court, you may be lim- ited to raising only those issues you or someone else raised at the public hearing described in this notice, in written or electronic correspondence, delivered to the City of Cupertino City Hall 10300 Torre Avenue, Cupertino, CA 95014 at, or prior to, the public hearing. 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 in- cluded as supplemental material to the agendized item. These written communications are ac- cessible 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. AGENDAS MAY BE SUBJECT TO CHANGE: If you are interested in an item or have questions, please email or call the City Clerk's Office at Cityclerk@cupertino.org or 408-777-3223 prior to the meeting date to verify that the item is still on the agenda. The time this item will be heard on the agenda cannot be predicted. For more information, agendas and packets are available at www.cupertino.org/agenda. Reason for the First Amendment to the Current Lease between the City and San Jose Water Company The Water System purchases, treats, and delivers approximately 3million gallons of potable water per day to residences and businesses in the north-western portion of the City. In October 1997, the City leased this Water System to SJWC, which has responsibility for operating and maintaining the Water System. The current lease (Current Lease) with SJWC for the operation of the Water System expires in September 2022. The City intends to solicit proposals from qualified water system operators for a new long-term lease that would begin following expiration of the Current Lease. In order to ensure adequate time to conduct the Request for Proposal (RFP) process pursuant to Public Utilities Code § 10061 or to consider other alternatives for future operation of the Water System, the First Amendment of the Current Lease would provide the City with the option to extend the term by up to three additional years and, if extended, would require SJWC to make certain capi- tal investments in the Water System. Additional information and a copy of the First Amendment will be available when the City Clerk publishes this information on October 28, 2021, www. cupertino.legistar.com/Calendar.aspx, If an additional extension of the term, as authorized by the First Amendment, is not required by the City, then the term of the Current Lease will expire on September 30, 2022, without any further extension. Billing Impacts By voting to approve the First Amendment to the Current Lease, the City Council will not be au- thorizing any particular water rate changes. Specificquestions can be directed to SJWC by call- ing 408-279-7900 or visiting www.sjwater.com. Additional Information Additional information about the current Lease Agreement between the City and SJWC, and Water Service Area Maps can be found online at www.cupertino.org/MunicipalWaterSystem. How may I comment on the proposed First Amendment? If you wish to comment on the proposed First Amendment, which provides for optional exten- sion of the term of the Current Lease for up to three years, you may attend the City Council meeting and provide input during. the public hearing when the item is called. You may also sub- mit written comments to the Office of the City Clerk in the form of a letter, fax, or e-mail prior to the November 2, 2021, hearing. Mail (or hand -deliver) to I Fax to First Amendment o I (408) 777-3333 Current Lease of Water Subject line: System First Amendment of City of Cupertino Office of Current Lease the City Clerk 10300 Torre Avenue Cupertino, CA 95014 ---------------------------------------------------------------- /LAUREN SAPUDAR/ DEPUTY CITY CLERK CITY OF CUPERTINO PUBLISH 10/22/2021 I Phone to I Email --------------------------------------------------- Public Works cityclerkCecupertino. Department oor (408) 777-3354 By 6:30 p.m. on 11/2/21 CU#6617261; October 22, 2021 r.BP316-07/17/17