CC 01-14-2019 Closed Session Agenda and Written CommunicationsCITY OF CUPERTINO
CUPERTINO CITY COUNCIL
10300 Torre Avenue, Conference Room A
Monday, January 14, 2019
6:00 PM
Non -televised Special Meeting Closed Session
km V_k-LOAA,
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 Monday, January 14, 2019, commencing at 6:00 p.m.
in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California
95014. 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
CLOSED SESSION
1. Subject: Conference with Labor Negotiator (Government Code Section 54957.6);
City designated representatives: Director of Administrative Set -vices and City
Manager; Employee organizations: Operating Engineers Local No. 3 Union;
Cupertino Employees' Association; Unrepresented (Management and Confidential)
Employees' Compensation Program
2. Subiec : Conference with Legal Counsel - Anticipated Litigation; (Government
Code Section 54956.9(d)):
a. Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
(2 matters)
b. Possible Initiation of Litigation (Government Code Section 54956.9(d)(4)) (2
matters)
Page 1
City Council AGENDA January 14,2019
3. Subject: Conference with Legal Counsel - Pending Litigation; (Government Code
section 54956.9(d)):
a. Friends of Better Cul.2ei-fino, el cal. v. Q1v of Citpellh?Q (SB 35 Vallco
Project); Santa Clara County Superior Court, Case No. 18CV330190
b. Friends of Better Cupertino, el al. v. City of' Cupertino (Vallco Specific
Plan - 2 Ordinances); Santa Clara County Superior Court, Case No.
18CV337015
c. C'ominilfee S11RP071i7?g Cupertino 0lizens' Sensible Growth Initiative, el C/
v. Schmidt, el al. -(Measure Q; Santa Clara County Superior Court Case
No. 16CV296322
d. &2yi-k-s, el al., v. Schmidt, el al. (Gateway Initiative); Santa Clara County
Superior Court Case No. 16CV301471
Page 2
City Council AGENDA January 14, 2019
The City of Cupertino has adopted the provisions (?/' 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 tune is required by State or Fe-Weral
law.
Prior
Judicial) decision, interested
10 seeking Judicial review of any a4ludical07Y (quasi -
persons must file a petition.
Ibl- reconsideration within
tell calendar 610�YS of' the dale the
Cily
Clerk mails notice of
the City's decision.
Reconsideration petitions must eonlfv
with
the requirelneilLs, of
(7upertillO Municipal
Code §2.08.096. Contact the Cio�
Clerk's
of .fice for more
iqlbrin0ti011 Or go
to hlll).-Ilwww.ciil)e7-iiiio.oi-gliiictex.(7,yl)x?
page=125,fora
reconsideration
pelilioii,lbl,117.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next CRY Council meeting who is visually 07- hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 h0W-S ill 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, all a,ssistive
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 Oic
e located at City Hall, 10300 T07-re Avenue, during normal business hours
and in Council packet archives linked from the agendalin in I ltes page our the Clpertillo
web site.
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 oil the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the I ity`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.
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
Page 3
City Council AGENDA January 14,2019
c 'd( that
onsi ?raliOTI Of
Rem. ff you ivish to address the COWICil 071
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
ifein. When You are called, proceed
to the podhII77 and
the Mayor
will recognize you.
If you wish
to address the City
Council on any other Rem not
on the agenda, you
may do so
by during the public
C011MIeld portion of
the meeting
following the same
procedure described above. Please
limit your coinments to
three (3) minutes
or less.
Page 4
Lauren Sapud,a
From: David Rolnick xdavevn|@sbco|obainet>
Sent Monday, January I4,2Ol9I2:20PK4
To: City Clerk
Subject: Lawsuits Against the City byFriends of Better Cupertino
Dear Ms. Schmidt,
The Friends of Better Cupertino has multiple lawsuits against the City of Cupertino — all related to the Vallco
development. Given that three current City Council members are/were leading members of Better Cupertino, they have
a clear conflict of interest in this case.
Regarding these lawsuits, Council members Scharf, Chao, and Willey must not be allowed to participate in sessions with
City Attorney(s) as they may have reason to pass privileged information to Better Cupertino and to Friends ofBetter
Cupertino. Additionally, Council members Scharf, Chao, and Willey should necuse themselves in any vote to settle
lawsuits brought by either Better Cupertino or Friends of Better Cupertino.
11-7110k��rimn
Total Control puoe|
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From: David Rn|nick<davero|@sbco|obainet>
Sent Monday, January 14,2Ol9lI:55AK4
To: City Council
Subject: Regarding Lawsuit Case No. 16CV296322
Members of the Cupertino City Council,
| understand that the lawsuit "Committee Supporting Cupertino Citizens' Sensible Growth Initiative, e/alK
Schmidt, 8/al. - Case No. 18CV2S8322^has been decided, with DOrecourse Dfappeal, infavor Ofthe City Of
Cupertino. It is important that the City aggressively try to recover the maximum amount allowed under law
from the plaintiffs.
Many ifUSare still wondering whether the City Council majority [8 the interests Cfthe City DfCupertino
or the interests of Better Cupertino (and its predecessor Cupertino Citizens for Sensible Growth). Only an
attempt to recover the Dl8XiDlU[D amount from the p|8iO1iffS in this C8Se will inform US VVh8Fe the City (|OUDCi|'G
loyalties are.
ReO8ndS'
David Rolnick
To
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