CC 09-19-2023 Late Written CommunicationsCC 09-19-2023
Oral Communications
Written Communications
1
Lauren Sapudar
From:Peggy Griffin <griffin@compuserve.com>
Sent:Tuesday, September 19, 2023 11:06 PM
To:City Council; Kirsten Squarcia
Cc:City Clerk
Subject:2023-09-19 City Council Meeting ORAL COMMUNICATIONS - Peggy's slides
Attachments:Peggys Oral Communications-Loss of Transparency.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear City Council and City Clerk Squarcia,
AƩached the slides I used during my Oral CommunicaƟons this evening.
Sincerely,
Peggy Griffin
TRANSPARENCY – Not menƟoned in the Ethics Survey!
Every meeƟng we lose more TRANSPARENCY
Treasurer’s Investment Report…
1. NO sign off by the Treasurer, not even iniƟaled!
a. How do we know it was even looked at?
2. NO Chandler Custodial Report
a. lists assets and cash and where it goes
3. NO PARS Pension and OPEB Account statements
a. Lists pension funds and what returns they are geƫng
4. NO LAIF Account Statement
a. Local Agency Investment Fund
b. CiƟes can use the state experƟse to invest money at no addiƟonal cost
to the taxpayer.
Blackberry Farm Golf Course
Management Alternatives
9/19/23
Don Halsey
Friends of Blackberry Farm Golf Course
Option Comment Link
A Cupertino No change
B Courseco Courseco manages Deep
Cliff.
https://www.courseco.com/
C Other course management
companies
•Sierra
•Troon
•Kemper Sports
•Invited
•American Golf
•Still others
https://sierragolfmanagement.com/about-us/
https://www.troon.com/management-services/
https://kempersports.com/public-golf-courses/
https://www.invitedclubs.com/our-portfolio/explore-our-
major-markets/southern-california
https://www.americangolf.com/management-services
E Oasis •Pickleball for golf
•One of a kind Social
Experience
•Modern Technology
•World-class course
•Sustainable footprint
https://www.oasisgolfcenter.com
Management Options
(50+%)
Quick survey on which option people want
Things to consider:
•Contract duration: 3 – 10 years, typically 5, renewable
•Management service contract (20+%)
•Profit / loss flows to City
•Turnkey / lease (15+%)
•City gets defined annual ‘rent’
•Subcontractor has profit / loss risk
•Fee changes may be limited by City
•Hybrid
•Food and beverage service
•Who pays for water
$330K loss per year
Support
•Consultant: National Golf Foundation
•Did the 2022 study for Cupertino on the golf course renovation
•https://www.ngf.org/
•Consultant: Proforma Golf Advisors LLC
•https://www.proformaadvisors.com/home/golf
•A to Z support RFP through implementation
CC 09-19-2023
Councilmember
Written Communications
1
Lauren Sapudar
From:Liang Chao
Sent:Tuesday, September 19, 2023 10:53 PM
To:City Clerk
Subject:MY Presentation for Ethics Code
This is the presentation I used for the Code of Ethics Revision.
Please include it as written communication.
Thanks.
Liang Chao
Council Member
City Council
LChao@cupertino.org
408-777-3192
Code of Ethics Revisoin
2023-09-19 CC Meeting
Liang Chao
FACTS on the 2018 Code of Ethics
●Cupertino did not have any adopted “Code of Ethics” prior to 2018.
●From Staff Presentation:
FACTS on the 2018 Code of Ethics (Cont’d)
●The 2018-19 work program did not include any item related to “Code of
Ethics”.
●After deciding to not consolidate Library Commission and the Public
Safety Commission, the 2018 Council directed the staff on July 31, 2018 to
“Explore ways to improve Council/Commission communication”.
●The agenda item on November 20, 2018 was titled “Overview of City
Commissions and recommendations for improving their effectiveness
and communications with the City Council ", but somehow one of the 6
documents to be approved is titled “Code of Ethics and Conduct” (CoEC)
FACTS on the 2018 Code of Ethics (Cont’d)
●The staff report of November 20, 2018 Council Meeting clearly indicated the
15-page “Code of Ethics and Conduct” was newly added. There was no
mention of any earlier public engagement or notification.
●The Nov. 20, 2018 staff report stated incorrectly that “Commissions were very
supportive of adopting a code of ethics and conduct.” But there was no
record of any written comments from commissioners or commissions.
Problem with the 2018 Code of Ethics
The 2018 CoEC broadly applied the standard normally used for quasi-judicial
decisions (to comply with existing laws, such as project approvals) to
legislative decisions (to make laws and policies). This is evidenced by the
following two quotes from the 2018 CoEC.
○Item 6 under Ethics: “decision makers … will base their decisions on
the facts presented at the hearing and the law”, which is supposed
to apply only for quasi-judicial decisions.”
○Item 7 under Ethics: "Communication. ... City Officials will rely on the
agenda materials and information received at the public meeting to
support their decision."
Problem with the 2018 Code of Ethics
The 2018 CoEC expanded the normal “Conflict of Interest” on financial interests to
include one’s opinions or positions on policy issues. This is evidenced by this
quote:
○Item 8 under Ethics: "Conflict of Interest. ... Consistent with the law,
decision-makers will not use their official positions to influence
government decisions in which they have (a) a material financial interest,
(b) an organizational responsibility to or personal commitment to
others that creates a conflict of interest or the appearance of one, or (c)
a strong personal bias as to one party or position."
Problem with the 2018 Code of Ethics
According to Ethics Item 6 and Item 7, City Officials appear to have to ignore public
comments received through emails or at any meeting with community members.
City Officials cannot use their past experiences based on reading articles or information
derived from their own research on the issues.
Ethics Item 8 goes beyond the state law on Conflict of Interest, which is limited to
financial interest. According to such broad interpertation of Conflict of Interest, all
members of the Bike and Pedestrian Commission would have to recuse
themselves since they have a "strong person bias" towards some bike paths and
actively advocate for it. Most Sustainability Commissioners have "personal commitment"
to Clean Energy. Most Housing Commissioners have a "personal commitment" towards
affordable housing. Most Parks and Recreation Commissioners have a "strong personal
bias" towards all-inclusive playground to accommodate children of special needs.
Problem with the 2018 Code of Ethics
The 2018 CoEC might result in Brown Act violation:
COMPLIANCE 3 (a):
Individual Councilmembers should point out to the offending
Councilmember perceived infractions of the Code of Ethics and
Conduct. If the offenses continue, then the matter should be referred
to the Mayor in private. If the Mayor is the individual whose actions
are being questioned, then the matter should be referred to the Vice
Mayor. It is the responsibility of the Mayor ( or Vice Mayor) to initiate
action if a Councilmember' s behavior is not in compliance with the
Code of Ethics and Conduct. If no action is taken by the Mayor ( or Vice
Mayor), then the alleged violation( s) can be brought up with the full
Council.
Potential Issues:
●This could result in Brown Act violation involving three Councilmembers
through private communications.
●If there is a disagreement in the interpretation of the “perceived” violation, who
decides if there is a real violation or not?
○This puts the Mayor in charge of deciding whether there is a violation or
not, rather than the Council.
●What if one member of the Council plus the Mayor provide biased
interpretation and enforcement in private against another Council member
without the knowledge of the other two Councilmembers and the public?
●This is a dangerous practice.
Due Process is essential for accountability.
Perception is deceiving.
Eye witness account is often biased because of their own perception.
If anyone is to be punished, the city must provide clear documented evidence to
avoid abuse of the procedures and also to avoid making the city liable for claiming
violations based on biased views.
Transcripts must be retained for all interviews for the investigation.
The accused must be informed of their violations in writing with clear evidence
(with dates/times/locations and persons involved for the incident) to provide them
the opportunity to clarify any misunderstanding.
Suggestions
1.City Officials [“OFFICIALS”] including the Councilmembers, Appointed
Officials, and Executive City Staff should abide by the Code of Ethics. This is
because they all influence decisions of the Council, through
recommendations.
2.Revise Ethics Item 6 and 7 should apply only to Quasi-judicial decisions.,.
3.Revise Ethics Item 8 : strong opinion should not be considered a conflict of
interst
4.Due Process for investigation with clear evidence (with dates/time/context
involved)
Suggestions (Cont’d)
5. Transparency: For any staff-formed committee, the committee members should
be disclosed to the public and the committee members should abide by the Code
of Ethics and disclose any potential conflict of interest. This is because such
committee provides input to staff, who provides recommendations to the City
Council.
6. Any OFFICIALS who has been on the board of an organization within the last
12 months should declare it and recuse themselves from any Council
actions/decisions/closed sessions associated with that organization.
7. If an OFFICIAL has been on the board of an organization within the last 5 years,
the OFFICIAL must declare this at the beginning of the agenda item.
.
Suggestions (Cont’d)
8. Distinguish between Rules and Values (aspirational). Any compliance reporting
should apply to Rules, not the Values.
9. Distinguish between requirements for quasi-judicial decisions and policy
decisions. And define with examples of what is quasi-judicial decisions.
10. The Mayor should not be given the responsibility to determine whether any
perceived violation is a real violation and whether any warning is necessary. To
encourage collaboration between Councilmembers, we should not ask the Mayor
alone to act as both a judge and a police.
The complaint of a few residents on a bike path
project who never expressed the concerns to the
City admin/Council should not define how well the
bike path is constructed.
The complaint of certain residents or staff who
never brought up the issue to the City
admin/Council should not define whether a city is
functional or not.
1
Lauren Sapudar
From:Kirsten Squarcia
Sent:Tuesday, September 19, 2023 9:44 PM
To:City Clerk
Subject:FW: Copy of Resolution No. 16-137 (Item 11)
Attachments:16-137 Resolution Establishing Rules Governing Recruitment, Attendance, Appointments, and
Vacancies on City Advisory Bodies.pdf
Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
(408) 777-3225
From: J.R. Fruen <JRFruen@cupertino.org>
Sent: Tuesday, September 19, 2023 9:19 PM
To: Kirsten Squarcia <KirstenS@cupertino.org>
Subject: Copy of Resolution No. 16‐137
J.R. Fruen
Councilmember
City Council
JRFruen@cupertino.org
(408)777-1316
RESOLUTION NO. 16-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 10-048 AND AMENDING THE
RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT,
ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY
BODIES TO ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND
APPOINTMENTS PROCESS
WHEREAS, the City of Cupertino wishes to establish uniform terms and
conditions of office for advisory commissions; and
WHEREAS, there are within the City of Cupertino many citizens with talent,
expertise and experience who wish to serve the community; and
WHEREAS, the City Council believes it is important to provide these citizens
the opportunity to contribute to their community;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino rescinds Resolution No. 10-048 and establishes the following rules
governing recruitment, appointment and reappointment to City of Cupertino
Advisory bodies.
A. RECRUITMENT
1. Two months before regular terms expire, or immediately following
receipt of a resignation, the City Clerk distributes the vacancy notice as
follows:
• The Cupertino Scene
• The Cupertino Courier
• The World Journal
• The Cupertino City Channel
• City Hall bulletin board
• The City Clerk’s Office
• The Cupertino Library
• The Cupertino Chamber of Commerce
• Cupertino City Web site
• Other organizations as appropriate with respect to the openings
• All persons with applications on file for that particular commission
Resolution No. 16-137
Page 2
2. Two months before regular terms expire, the City Clerk’s Office also
mails the vacancy notice to the following individuals:
• Students and graduates of Cupertino Emergency Response
Training
• Students or graduates of Leadership Cupertino
• Neighborhood Block Leaders
• Individuals who have signed up for notification at the Cupertino
Town Hall meetings.
3. All vacancy notices and posting shall be done in accordance with the
provisions of the Maddy Act, California Government Code 54970.
Specifically, vacancy notices shall be posted for a minimum of 10 days.
4. Applications will be retained for a maximum of one year after Council
review. After that time, applicants shall submit a new application if
they wish to remain on the list for consideration.
5. Those persons with applications on file within one year of Council
review are advised of the vacancy by the City Clerk and may activate
that application. Upon receipt of the vacancy notice, the applicant
must contact the City Clerk’s Office and ask that the application be
reactivated.
6. An applicant may file for a maximum of two commissions at any one
application period.
7. A member of an advisory body, having completed two consecutive
terms, must wait two years after the term would have normally ended
before being eligible to apply for the same commission or committee.
8. Application forms will be available in the City Clerk’s Office and will
be mailed upon request with information about the opening(s).
Application forms will also be available on the City’s Web site.
9. No application shall be accepted after the deadline.
10. When the final deadline has passed, the City Clerk’s Office will mail
applicants the date, time and location of the interviews along with
sample questions to consider.
Resolution No. 16-137
Page 3
11. The City Clerk’s Office will copy the applicants’ written material for
Council members. The written material will also be available for
public review in the City Clerk’s Office.
12. An applicant who is unable to attend the interview may submit a 5-
minute video presentation in advance of the interview meeting. The
tape will be reviewed at the meeting. The video will be made by City
staff at the applicant’s request upon the approval of the City Clerk.
The City will fund these costs.
B. INTERVIEWS AND APPOINTMENTS
1. When Council meets to conduct interviews, it is a public meeting
subject to the Brown Act and therefore open to the public. The
candidates will be asked by the City Clerk (either in person or by
written instructions left in the waiting area) to remain seated in the
waiting area until they are called in for the interview. Candidates will
also be asked to return to the waiting area until the announcement of
the vote, or to go home and contact the City Clerk’s Office the next day
regarding the results. However, all applicants and members of the
public have the option of remaining in the room for any or all of the
meeting.
2. The order in which interviews are scheduled to take place will be
determined by a drawing of names. The City Clerk will do this in
advance.
3. Interviews are informal and usually last 5-8 minutes. Council
members are looking for:
• Familiarity with the subject
• Decision-making ability
• Commitment to the position for which they have applied
4. Appointments will be made following a vote in public. Ballots will be
distributed, and Council members will vote and sign the ballots. The
City Clerk will announce the votes.
Resolution No. 16-137
Page 4
5. The City Council may appoint alternates to serve on boards,
commissions and committees in the event of a vacancy. Such
alternates may attend and participate in meetings of the board,
commission, or committee but shall not vote in such meetings
until such time as a vacancy has occurred and the alternate has filled
such vacancy. If the City Council appoints more than one alternate
for a particular board, commission or committee, the City Council
shall designate the alternates as first alternate, second alternate
and so on such that immediately upon a vacancy occurring in a
board, commission, or committee, the first alternate shall fill such
vacancy without the need for further City Council action.
C. UNSCHEDULED VACANCIES AND ATTENDANCE
1. If a vacancy occurs for an unexpired term and interviews for
appointment to that advisory body have been conducted within the
previous ninety days, the unexpired term may be filled from those
applications following the required posting of the vacancy.
2. The notice of unscheduled vacancy shall be posted no earlier than 20
days before nor later than 20 days after the vacancy occurs, and at least
10 working days before appointment. The notice of unscheduled
vacancy must be posted in the Office of the City Clerk, at the City Hall
bulletin board, at the Cupertino Library, and in other places
designated by the City Clerk.
3. A member shall be considered removed from an advisory body under
the following conditions.
• A member misses more than three consecutive meetings
• A member misses more than 25% of the advisory body’s meetings
in a calendar year
4. It is the responsibility of the advisory body’s staff liaison to notify the
City Clerk of a member’s attendance record to allow sufficient time to
send a warning notice if the member has missed three consecutive
meetings or 25% of the meetings, and to send a termination notice if
the member has missed more three consecutive meetings or more than
25% of the meetings in a calendar year.
Resolution No. 16-137
Page 5
5. A member who has been removed from an advisory body for
inadequate attendance may request a waiver of this provision by
submitting a letter to the City Council setting forth the reason for the
absences and confirming future availability.
D. GENERAL PROVISIONS
1. Term limit restrictions listed in this resolution do not apply to
temporary appointments for unexpired terms.
2. All provisions of this resolution shall apply unless otherwise decided
by the City Council on a case-by-case basis.
3. In the event that any provision of this resolution conflicts with the
provisions of any other ordinance or resolution governing a particular
advisory body, the provisions governing that advisory body shall
prevail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of December, 2016, by the following vote:
Vote Members of the City Council
AYES: Vaidhyanathan, Chang, Scharf, Sinks
NOES: None
ABSENT: Paul
ABSTAIN: None
ATTEST: APPROVED:
/s/ Grace Schmidt /s/ Savita Vaidhyanathan
_________________________ ___________________________
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino
1
Lauren Sapudar
From:Kirsten Squarcia
Sent:Tuesday, September 19, 2023 9:44 PM
To:City Clerk
Subject:FW: Example Comment & Illustration (Item 11)
Attachments:Restat 2d of Torts, § 217.pdf
Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
(408) 777-3225
From: J.R. Fruen <JRFruen@cupertino.org>
Sent: Tuesday, September 19, 2023 9:19 PM
To: Kirsten Squarcia <KirstenS@cupertino.org>
Subject: Example Comment & Illustration
J.R. Fruen
Councilmember
City Council
JRFruen@cupertino.org
(408)777-1316
1
Lauren Sapudar
From:Kitty Moore
Sent:Tuesday, September 19, 2023 9:48 PM
To:Kirsten Squarcia; City Clerk
Subject:Item 11 Ethics Policy Civil Grand Jury Recommendations
Attachments:Pages from CC 09-19-2023 Searchable Packet-2.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
Dear City Clerk,
Please include the aƩached page from the Civil Grand Jury House Divided report. Please note that councilmembers were
removed from their commiƩees by the Council Majority without establishing a procedure per the recommendaƟons.
Finding 4
A comprehensive Code of Ethics not only provides guidance and baseline standards for ethical
behavior, it includes sanctions and consequences for deviations from the standard. The City’s
Ethics Policy is generic and lacks enforcement provisions and therefore fails to provide a
framework to address ramifications for policy violations.
Recommendation 4a
The City should establish an independent Public Ethics Commission with guidance from experts
in applied ethics, such as the Markkula Center for Applied Ethics at Santa Clara University, to: (i)
develop and implement a robust government ethics training program for all councilmembers; and
(ii) evaluate a best practices enforceable Code of Ethics and Conduct Policy that governs all
councilmembers and appointed officials for consideration by the City Council. This
recommendation should be implemented by March 31, 2023.
Recommendation 4b
The City should reinstate enforcement procedures to enable the City Council and the public to file
complaints and testify at public hearings to help remediate ethics violations. This revision should
include a procedure for public admonishment, revocation of special privileges, or censure. This
recommendation should be implemented by March 31, 2023.
Recommendation 4c
The City Council should engage a conflict resolution professional to help enhance mutual
understanding and respect amongst all stakeholders. This recommendation should be implemented
by January 31, 2023, and should be repeated at least once per year.
Thank you,
KiƩy Moore
2
Kitty Moore
Councilmember
City Council
Kmoore@cupertino.org
(408) 777-1389
Page 16 of 51
REPORT TITLE A HOUSE DIVIDED
internal audit risk reduction and mitigation recommendations. Recommendation 3b should be
implemented by July 31, 2023.
Finding 4
A comprehensive Code of Ethics not only provides guidance and baseline standards for ethical
behavior, it includes sanctions and consequences for deviations from the standard. The City’s
Ethics Policy is generic and lacks enforcement provisions and therefore fails to provide a
framework to address ramifications for policy violations.
Recommendation 4a
The City should establish an independent Public Ethics Commission with guidance from experts
in applied ethics, such as the Markkula Center for Applied Ethics at Santa Clara University, to: (i)
develop and implement a robust government ethics training program for all councilmembers; and
(ii) evaluate a best practices enforceable Code of Ethics and Conduct Policy that governs all
councilmembers and appointed officials for consideration by the City Council. This
recommendation should be implemented by March 31, 2023.
Recommendation 4b
The City should reinstate enforcement procedures to enable the City Council and the public to file
complaints and testify at public hearings to help remediate ethics violations. This revision should
include a procedure for public admonishment, revocation of special privileges, or censure. This
recommendation should be implemented by March 31, 2023.
Recommendation 4c
The City Council should engage a conflict resolution professional to help enhance mutual
understanding and respect amongst all stakeholders. This recommendation should be implemented
by January 31, 2023, and should be repeated at least once per year.
Recommendation 4d
The City should publish its current Ethics Policy on the City website by January 31, 2023.
428
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1
Lauren Sapudar
From:Kitty Moore
Sent:Tuesday, September 19, 2023 9:15 PM
To:Kirsten Squarcia; City Clerk
Subject:Written Communications Item 11 Draft Ethics Policy from 2018 Annotated
Attachments:Draft Annotated CJ Pages from CC 09-19-2023 Searchable Packet.pdf
Dear City Clerk,
Please include the aƩached annotated draŌ 2018 Ethics Policy which is in the current Agenda Packet for the item.
Thank you,
KiƩy Moore
Kitty Moore
Councilmember
City Council
Kmoore@cupertino.org
(408) 777-1389
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CC 09-19-2023
#6
Avolve Software Contract
Written Communications
1
Lauren Sapudar
From:Santosh Rao <santo_a_rao@yahoo.com>
Sent:Tuesday, September 19, 2023 5:42 PM
To:City Council; Pamela Wu; City Clerk
Subject:Please pull consent agenda item 6, 7.
Follow Up Flag:Follow up
Flag Status:Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello City council,
I request you to kindly pull consent agenda item 6 and 7 for the 09/19/2023 city council meeting.
The 2 items are a double spend where we continue to have to spend to refresh on‐prem hardware (7) while now starting
a new spend on SaaS (6).
Avolve is a small 55 person startup.
https://www.linkedin.com/company/avolve‐software/
There is absolutely no guarantee that they remain in business for a 5 year period especially in an economy of tightening
liquidity.
The on‐prem license for Avolve is already paid for. With item 7 we are refreshing our on‐prem hardware. Just run the
existing Avolve on the new hardware and Spend nothing on item 6. Please do NOT approve item 6.
Please save the city $500k and cancel the spend on the SaaS deployment of Avolve.
Further there should not be a daily maintenance of upgrades on the on‐prem hardware. Backups should be automated.
It is a gross mis‐representation to combine backups with upgrades and then state there is daily maintenance involved.
Again please do NOT Fund item 6. Please do NOT approve the move to SaaS deployment of Avolve.
Thanks,
Santosh Rao
CC 09-19-2023
#11
Ethics Policy Update
Written Communications
1
Lauren Sapudar
From:Peggy Griffin <griffin@compuserve.com>
Sent:Tuesday, September 19, 2023 4:57 PM
To:City Council
Cc:City Clerk
Subject:2023-09-19 City Council Meeting-Agenda Item 11 Ethics Survey results WITH Comments!
Attachments:Ethics Survey Results Expanded WITH comments.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
PLEASE INCLUDE THIS EMAIL AND THE ATTACHMENT AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE CITY
COUNCIL MEETING AGENDA ITEM.
Dear City Council,
AƩached are the Ethics Survey Results WITH the comments for your reference.
Sincerely,
Peggy Griffin
2023-09-19 City Council MeeƟng, Agenda Item 11 – Ethics Survey Results WITH COMMENTS!
OTHER RESPONSES (21 comments + 10 = 31 comments)
OTHER RESPONSES (9 comments + 4 comments = 13 comments)
OTHER RESPONSES (6 comments + 2 comments = 8 comments)
OTHER RESPONSES (4 comments + 1 comment)
OTHER RESPONSES (7 comments + 2 comments = 9 comments)
OTHER RESPONSES (14 comments + 3 comments = 17 comments)
OTHER RESPONSES (10 comments + 4 comments = 14 comments)
OTHER RESPONSES (10 comments + 7 comments)
OTHER RESPONSES (15 comments + 5 comments = 20 comments)