09-08-15 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, September 8, 2015
10300 Torre Ave., Cupertino & Hwy 93 N., Alberta Canada
CITY COUNCIL
4:30 PM
Pacific Standard Time AMENDED Non-televised Special Meeting - Open Session item followed
by Closed Session
AMENDED
Amended on 9/7/15 to add Open Session Item No. 1a and Closed Session item No. 2
with teleconference participation by Council member Savita Vaidhyanathan in the
second Closed Session matter
AMENDED 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, September 08, 2015, commencing at 4:30
p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California
95014. The teleconference portion of the Closed Session shall occur at both 10300
Torre Avenue, Conference Room A, Cupertino, CA and Glacier View Inn, Room
305, Highway 93 N., Icefields Parkway, Jasper National Park, Alberta, Canada.
Said special meeting shall be for the purpose of conducting business on the subject
matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
OPEN SESSION - 4:30 PM
City Hall Conference Room A, 10300 Torre Avenue
ROLL CALL
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on
any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases,
State law will prohibit the council from making any decisions with respect to a matter
not listed on the agenda.
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September 8, 2015City Council AGENDA
ORDINANCES AND ACTION ITEMS
1a.Subject: Request of Council Member Savita Vaidhyanathan to attend the closed
session meeting on the item titled “Public Employment (54957). Title: City
Attorney” by teleconference; waive the one week advance notice, and authorize
the teleconference
Recommended Action: Consider request of Council Member Savita Vaidhyanathan
to attend the closed session meeting on the item titled “Public Employment (54957).
Title: City Attorney by teleconference; waive the one week advance notice, and
authorize the teleconference
Staff Report
A - Approved Teleconference Resolution No. 12-065
CLOSED SESSION
City Hall Conference Room A, 10300 Torre Avenue
Item No. 2 Teleconference also at Glacier View Inn, Room 305, Highway 93 N.
1.Subject: Conference with Legal Counsel-Anticipated Litigation: Significant
exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code
Section 54956.9: One case
2.Subject: Public Employment (54957). Title: City Attorney
ADJOURNMENT
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September 8, 2015City Council AGENDA
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/index.aspx?page=125 for
a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next 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, 48 hours in advance of the Council meeting to arrange for assistance.
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. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
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.
Members of the public are entitled to address the City Council concerning any item that
is described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the Council on any issue that is on this agenda, please
complete a speaker request card located in front of the Council, and deliver it to the
Clerk prior to discussion of the item. When you are called, proceed to the podium and
the Mayor will recognize you. If you wish to address the City Council on any other item
not on the agenda, you may do so by during the public comment portion of the meeting
following the same procedure described above. Please limit your comments to three (3)
minutes or less.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1078 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:9/4/2015 City Council
On agenda:Final action:9/8/2015
Title:Subject: Request of Council Member Savita Vaidhyanathan to attend the closed session meeting on
the item titled “Public Employment (54957). Title: City Attorney” by teleconference; waive the one
week advance notice, and authorize the teleconference
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Approved Teleconference Resolution No. 12-065
Action ByDate Action ResultVer.
City Council9/8/20151
Subject:RequestofCouncilMemberSavitaVaidhyanathantoattendtheclosedsession
meetingontheitemtitled“PublicEmployment(54957).Title:CityAttorney”by
teleconference; waive the one week advance notice, and authorize the teleconference
ConsiderrequestofCouncilMemberSavitaVaidhyanathantoattendtheclosedsession
meetingontheitemtitled“PublicEmployment(54957).Title:CityAttorneybyteleconference;
waive the one week advance notice, and authorize the teleconference
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OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: September 8, 2015
Subject: Request of Council Member Savita Vaidhyanathan to attend the closed session
meeting on the item titled “Public Employment (54957). Title: City Attorney” by
teleconference; waive the one week advance notice, and authorize the teleconference.
Recommended Action: Consider request of Council Member Savita Vaidhyanathan to
attend the closed session meeting on the item titled “Public Employment (54957). Title:
City Attorney by teleconference; waive the one week advance notice, and authorize the
teleconference.
Discussion The City has received a request from Council Member Savita
Vaidhyanathan to participate in the closed session discussion of the item titled “Public
Employment (54957) Title: City Attorney” by teleconference. To do so requires an
affirmative vote by a majority of the City Council. The Council will have to waive the
City’s policy for one week advance notice to the City Clerk’s Office. This procedural
requirement may be waived as it is set forth in a City policy but is not a Brown Act
requirement. Council Member Vaidhyanathan was unable to provide this one week
notice.
Sustainability Impact: None
Fiscal Impact: None
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Approved Teleconference Resolution No. 12-065
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RESOLUTION NO: 12-065
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO MODIFYING THE POLICY FOR
TELECONFERENCING DURING COUNCIL MEETINGS
WHEREAS, Government Code 54953 permits a legislative body to use teleconferencing
in connection with attendance at its meetings; and
WHEREAS, the City Council established guidelines for teleconferencing in Resolution
11-074; and
WHEREAS, the City Council finds that the guidelines should be clarified.
NOW, THEREFORE, BE IT RESOLVED THAT:
(1) The use of teleconferencing for a Council member to attend the closed session of a City
Council meeting is permitted, subject to compliance with the provisions of the Brown Act
(Government Code 54953), as amended. These provisions permitting teleconferencing shall
apply solely to the Council members for their attendance at closed sessions of City Council
meetings either for entire closed session or a specific item. Teleconferencing during the open
session of a council meeting is not permitted.
(2) Councilmember attendance at a closed session. Council meeting by teleconferencing is
strongly discouraged and is only permitted after a majority of Council approves of the
teleconference pursuant to a vote at a previous council meeting.
(3) Only one Councilmember per meeting may attend the closed session of a Council meeting by
teleconferencing.
(4) One week advance written notice must be given by the Council member to the City Clerk's
office; the notice must include the address at which the teleconferenced meeting will occur, who
is to initiate the phone call to establish the teleconference connection, and the phone number of
the teleconference location.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 4th day of June, 2012 by the following vote:
Vote Members of the City Council
AYES: Santoro, Mahoney, Sinks, Wong
NOES: Chang
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED
/s/Grace Schmidt /s/Mark Santoro
________________________ _____________________________
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1061 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:9/1/2015 City Council
On agenda:Final action:9/8/2015
Title:Subject: Conference with Legal Counsel-Anticipated Litigation: Significant exposure to litigation
pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: One case
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject:ConferencewithLegalCounsel-AnticipatedLitigation:Significantexposureto
litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: One case
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:115-1073 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:9/4/2015 City Council
On agenda:Final action:9/8/2015
Title:Subject: Public Employment (54957). Title: City Attorney
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Public Employment (54957). Title: City Attorney
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