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order has not been revoked.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
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/LAUREN SAPUDAR/
DEPUTY CITY CLERK
CITY OF CUPERTINO
PUBLISH 10/22/2021
I Phone to
I Email
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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