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CC 11-18-2024 Item No. 1 City Manager Evaluation_Written CommunicationsCC 11-18-2024 Item No. 1 City Manager Pamela Wu Evaluation Written Communications From:Tracy Kosolcharoen To:City Clerk; City Council Subject:Feedback for 11/18 Performance Eval Date:Monday, November 18, 2024 12:37:08 PM 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 Clerk, Please include the below as written communications for items on agenda for the upcoming city council meeting on Nov 18, 2024. Dear Cupertino City Council Members, With full understanding that the job of a City Manager is not easy, here is some specific and actionable feedback from the past year. To level set, here are some of the core responsibilities of a Cupertino City Manager, as stipulated in a 2021 job listing from 2021: optimizing the City's long-term fiscal position, helping to coordinate and lead discussions in a highly engaged community, high standards of integrity and quality, and ensure complete and accurate communication with the public. I believe in constructive feedback, and that all of us have room to improve. As such, here are specific examples of situations and high level suggestions for solutions. Need for Communication Improvement: At a meeting with Scofield residents, the City Manager told residents it was essentially between them and the developer to figure out how to move forward on the highly contested Scofield development. To this, several residents responded, "so you're just going to leave us?" Afterwards, many residents I talked to mentioned that they felt the city just didn't care. Constructive feedback/suggestions: Please help create standard processes for the City to partner with residents and developers when necessary. Residents want a way to resolve situations productively, but most of us are not experts in muni code and/or city planning and cannot do so ourselves. Please also help devise a better way to notify residents about changes to developments, that is complete and does not rely upon 1-2 block leaders or points of dissemination. Opportunity to Increase Integrity/Transparency: During the recent City Council elections, city staff removed Kitty Moore and Ray Wang signs from Bollinger Road. This is in direct violation of the muni code which stipulates that candidates will always be notified beforehand about potential sign removals. We appreciate the City Manager's apology regarding the sign removals. However, a key question remains unanswered -- how did the mistaken decision happen? The issue I now raise is less about the signs, but more about the larger underlying issue of how decisions are being made and approved across the City. Constructive feedback/suggestions: Please help increase visibility and accountability around decisions -- many companies use workflow ticketing systems successfully -- that will help build public trust and increase transparency around how decisions are made. Complete and Accurate Information: Recently, many topics that should be City Council discussions have turned into memos. For example, the future of our City Hall, a very important topic impacting many residents, turned into a memo with significant cost disparities from prior public discussions, with no explanation regarding the differences. The short term gain of a shorter city council meeting is coming at the expense of the public that will be impacted by decisions that they have no visibility into. Constructive feedback/suggestions: Please restore important agenda items to Council meetings and do not relegate them to eternal TBD lists or memos. Many thanks, Tracy From:Ying Dillaha To:Kitty Moore; Liang Chao; Sheila Mohan; J.R. Fruen; Hung Wei; City Clerk Subject:Feedback on City Manager Pamela Wu Performance Date:Sunday, November 17, 2024 11:00:25 PM 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 Clerk, Please include the below as written communications for items on agenda for the upcoming city council meeting on Nov 18, 2024. Dear Mayor Mohan and Cupertino City Council Members, I am writing to express my deep dissatisfaction with the performance of the City Manager Pamela Wu in 2024. From the Cupertino city code I understand that the City Manager is entrusted by the City Council with ensuring the effective and efficient operation of the City. Acting under the collective direction of the City Council, the City Manager is tasked with implementing the City’s adopted goals and objectives. Additionally, the City Manager’s Office plays a critical role in fostering community-building initiatives to promote citizen engagement in local government. However, in recent years, many of the City Manager’s actions have not only fallen short of these expectations but have actively worked against them. Her actions have undermined the efficient operation of the City, obstructed the implementation of adopted goals, and suppressed citizen involvement. I cite the following evidence to support these claims. Much of this evidence comes from the events surrounding the upzoning of Evulich Ct when the Linda Vista neighborhood organized a petition to the City. During this process, we encountered significant barriers, many of which were directly the results of the City Manager’s actions. 1. In 2024, when the plot of land on Evulich Court was designated as a Housing Element target for upzoning, the City failed to adequately notify the affected residents as required under California law. Many citizens, including myself, were not notified by the city, were completely unaware of this significant zoning change until it was already finalized. Of the few citizens who were fortunate enough to be subscribed to the City’s E-Notification system and those who frequent the city web sites, when learned about the upzoning proposal through an online survey, only 18% expressed support for the change, an stunning low level of support which should have caused the City to redouble its effort for more public engagement before going ahead. Despite this clear lack of public awareness and significant community opposition, the City proceeded with the upzoning, Evulich Ct, an R1-zoned single-family plot was rezoned to an R3 designation. This change, combined with additional density bonuses allowed under SB330, permits the construction of more than 80 housing units on the site. The City’s actions clearly violated multiple provisions of California Government Code §§ 65090, 65091, 65092, and 65854, which mandate public notification and hearings for zoning changes. This failure to adhere to well-established laws and procedures suggests that it was not merely an accidental oversight but a deliberate attempt to withhold information from the public, enabling those in power to advance their own objectives under a veil of secrecy. This blatant disregard demonstrates not only the City Manager’s lack of respect for Cupertino residents but also a troubling indifference to the state laws designed to protect citizens and ensure transparency in governance. 2. After news of the upzoning broke, concerned citizens rallied to voice their grievances. In September 2024, Randy Ong delivered a petition, signed by 745 residents of the Linda Vista and Monta Vista neighborhoods, to the City Manager and Mayor Mohan. The petition challenged the improper upzoning of the area and was addressed to the entire City Council. However, after being handed over, the petition effectively vanished, as both the City Manager and the Mayor deliberately suppressed its existence for over two weeks. This obstruction prevented the petition from reaching its intended recipients on the City Council, undermining the citizens' efforts to seek accountability. It was only through the persistent efforts of Council Members Moore and Liang Chao that the petition was uncovered and finally presented to its intended audience. This blatant disregard for transparency and accountability demonstrated that the City Manager placed herself above the citizens and even the City Council. Such actions represent a clear violation of city code and a grave abuse of public trust, undermining the democratic process. 3. In the time between when we submitted the petition and when it was eventually rediscovered, many of us reached out to the city via email, seeking engagement on this matter. However, we were confronted with the reality that there are complex rules governing when and how written communications must be submitted in order to be included in official records. It was far from being as simple as emailing cityclerk@cupertino.org. It also seemed that the guidelines for submitting emails to be considered part of the written communications continued to change, with little explanation for why. As a result, an increasing number of emails from citizens were deemed ineligible to be included in the written records, preventing them from being preserved as a record of public concerns. This shift in policy did not seemed to be sanctioned by city council resolutions; rather, the city clerk's department simply began applying these new restrictions. Cupertino has made this process unnecessarily complicated and frequently changing, hindering transparency and citizen involvement. This reflects yet another attempt to suppress the democratic process, directly contradicting the responsibilities the City Manager is meant to uphold. 4. After uncovering our petition and finally having it officially recorded in the Written Communications, we reached the point where we had to stand before the city and request formal acknowledgment of this issue. Since the up-zoning had never undergone a public hearing, we asked for it to be added as an agenda item at an upcoming city council meeting for public discussion. Despite numerous emails and multiple residents speaking at city council meetings, no agenda item was ever allowed. Because the issue was excluded from the agenda, the City Manager and City Council remained silent on it for several meetings—a convenience afforded by the Brown Act. At that point, a troubling reality became clear: those who control the agenda decide what is important to the people of Cupertino, not the actual citizens who elected the City Council who hired the City Manager. During multiple council meetings, we witnessed the frustration of Council Members Liang Chao and Kitty Moore as they attempted to raise the issue. However, Mayor Mohan and Council Member Fruen voted against it, and Pamela Wu made no effort to support the residents. In this situation, if she had the best interests of the citizens in mind at all, she could advocate for an agenda item. It is difficult to believe that an issue of such significance to hundreds of families in Cupertino could be denied even a basic discussion. This made the earlier lack of public notification and suppression of the petition seem far from accidental. After efforts to suppress the petition and exclude it from the Written Communications, the City Manager and Mayor used their remaining influence to prevent a public hearing. This action goes directly against the principles outlined in the city charter and undermines the democratic process, adding further insults to the earlier injury. Rezoning, conducting public hearings, and accepting public input are standard practices in any city’s operations, governed by both city codes and state law. So why, then, in our city, have these routine processes been made so difficult, and seemingly calculated to suppress public engagement. The evidence above shows that the City Manager bears significant responsibility for these dysfunctions that have eroded trust between the city and its residents. Thank you for your time and attention to this matter. We hope that the City Manager will endeavor to improve in the coming year to carry out the duties entrusted to her by the City and the Citizens. Sincerely, Ying Sosic Cupertino resident From:charles kong To:Kitty Moore; Liang Chao; Sheila Mohan; J.R. Fruen; Hung Wei; City Clerk Subject:Feedback on City Manager Pamela Wu Date:Sunday, November 17, 2024 8:47:43 PM 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 Cupertino City Council Members, I am writing to express my concerns about Pamela Wu’s performance as Cupertino’s City Manager, particularly in light of recent events. As a resident, I feel it is essential to address these issues to ensure that our city’s leadership upholds the highest standards of accountability, transparency, and fiscal responsibility. 1. Lack of Transparency and Trustworthiness: Residents are significantly disappointed with the handling of their petition signatures, which did not appear to have been properly visible or acknowledged. This raises questions about trust and transparency in the city’s decision- making processes. 2. Collaboration Challenges: The tensions observed between the City Manager and City Council members, primarily when clarification questions were raised, are concerning. Effective collaboration is critical for the smooth functioning of our city, and such discord undermines confidence in the city’s leadership. 3. Missed Opportunities in Fund Management: It is disheartening to learn that approximately $70 million of city funds were not placed in an interest-bearing account, particularly during historically high interest rates. This oversight represents a missed opportunity to maximize returns for the benefit of our community. I believe addressing these concerns is essential to restoring trust and improving the efficiency of our city’s governance. I encourage further evaluation of these issues and welcome steps to rectify them. Thank you for considering this feedback. Please feel free to reach out if you need any more clarification. Best regards, Charles Cupertino resident From:TSY Chuang To:Liang Chao; Kitty Moore; Sheila Mohan; J.R. Fruen; Hung Wei; City Clerk Subject:Feedback on City Manager Date:Sunday, November 17, 2024 5:45:01 PM 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 Cupertino City Council Members, I am writing to share my concerns regarding Pamela Wu’s performance as Cupertino’s City Manager, particularly in light of recent events. As a resident, I feel it is important to address these issues to ensure that our city’s leadership upholds the highest standards of accountability, transparency, and fiscal responsibility. 1. Lack of Transparency and Trustworthiness: There is significant disappointment over the handling of residents’ petition signatures, which did not appear to have been given proper visibility or acknowledgment. This raises questions about trust and transparency in the city’s decision-making processes. 2. Collaboration Challenges: The tensions observed between the City Manager and City Council members, especially when clarification questions were raised, are concerning. Effective collaboration is critical for the smooth functioning of our city, and such discord undermines confidence in the city’s leadership. 3. Missed Opportunities in Fund Management: It is disheartening to learn that approximately $65 million of city funds (tax collected from Apple) were not placed in an interest-bearing account, particularly during a period of historically high interest rates. This oversight represents a missed opportunity to maximize returns for the benefit of our community when the city is projecting a fiscal deficit. I believe addressing these concerns is essential to restoring trust and improving the efficiency of our city’s governance. I encourage further evaluation of these issues and welcome steps to rectify them moving forward. Please include my written communication here to the agenda for the upcoming city council meeting on Nov 18, 2024. Thank you! Best regards, Tania Reply Reply all Forward From:TSY Chuang To:Liang Chao; Kitty Moore; Sheila Mohan; J.R. Fruen; Hung Wei; City Clerk Subject:Feedback on City Manager Date:Sunday, November 17, 2024 5:45:01 PM 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 Cupertino City Council Members, I am writing to share my concerns regarding Pamela Wu’s performance as Cupertino’s City Manager, particularly in light of recent events. As a resident, I feel it is important to address these issues to ensure that our city’s leadership upholds the highest standards of accountability, transparency, and fiscal responsibility. 1. Lack of Transparency and Trustworthiness: There is significant disappointment over the handling of residents’ petition signatures, which did not appear to have been given proper visibility or acknowledgment. This raises questions about trust and transparency in the city’s decision-making processes. 2. Collaboration Challenges: The tensions observed between the City Manager and City Council members, especially when clarification questions were raised, are concerning. Effective collaboration is critical for the smooth functioning of our city, and such discord undermines confidence in the city’s leadership. 3. Missed Opportunities in Fund Management: It is disheartening to learn that approximately $65 million of city funds (tax collected from Apple) were not placed in an interest-bearing account, particularly during a period of historically high interest rates. This oversight represents a missed opportunity to maximize returns for the benefit of our community when the city is projecting a fiscal deficit. I believe addressing these concerns is essential to restoring trust and improving the efficiency of our city’s governance. I encourage further evaluation of these issues and welcome steps to rectify them moving forward. Please include my written communication here to the agenda for the upcoming city council meeting on Nov 18, 2024. Thank you! Best regards, Tania Reply Reply all Forward From:Helena Cohen Subject:Feedback on City Manager Pamela Wu Date:Sunday, November 17, 2024 3:55:15 PM 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 Members and Staff, I am writing to share my concerns regarding Pamela Wu’s performance as Cupertino’s City Manager, particularly in light of recent events. As a resident, I feel it is important to address these issues to ensure that our city’s leadership upholds the highest standards of accountability, transparency, and fiscal responsibility. 1. Lack of Transparency and Trustworthiness: There is significant disappointment over the handling of residents’ petition signatures, which did not appear to have been given proper visibility or acknowledgment. This raises questions about trust and transparency in the city’s decision-making processes. 2. Collaboration Challenges: The tensions observed between the City Manager and City Council members, especially when clarification questions were raised, are concerning. Effective collaboration is critical for the smooth functioning of our city, and such discord undermines confidence in the city’s leadership. 3. Missed Opportunities in Fund Management: It is disheartening to learn that approximately $70 million of city funds were not placed in an interest-bearing account, particularly during a period of historically high interest rates. This oversight represents a missed opportunity to maximize returns for the benefit of our community. I believe addressing these concerns is essential to restoring trust and improving the efficiency of our city’s governance. I encourage further evaluation of these issues and welcome steps to rectify them moving forward. Thank you for considering this feedback. Please feel free to reach out if further clarification is needed. Best regards, Helena Cohen Cupertino resident From:Helena Cohen Subject:Feedback on City Manager Pamela Wu Date:Sunday, November 17, 2024 3:00:25 PM 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 Clerk, Please include the below as written communications for items on agenda for the upcoming city council meeting on Nov 18, 2024. Mayor Sheila Mohan Council Members City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mayor Mohan and Cupertino City Council Members, I am writing to express my deep dissatisfaction with the performance of the City Manager Pamela Wu in 2024. From the Cupertino city code I understand that the City Manager is entrusted by the City Council with ensuring the effective and efficient operation of the City. Acting under the collective direction of the City Council, the City Manager is tasked with implementing the City’s adopted goals and objectives. Additionally, the City Manager’s Office plays a critical role in fostering community-building initiatives to promote citizen engagement in local government. However, in recent years, many of the City Manager’s actions have not only fallen short of these expectations but have actively worked against them. Her actions have undermined the efficient operation of the City, obstructed the implementation of adopted goals, and suppressed citizen involvement. I cite the following evidence to support these claims. Much of this evidence comes from the events surrounding the upzoning of Evulich Ct when the Linda Vista neighborhood organized a petition to the City. During this process, we encountered significant barriers, many of which were directly the results of the City Manager’s actions. 1. In 2024, when the plot of land on Evulich Court was designated as a Housing Element target for upzoning, the City failed to adequately notify the affected residents as required under California law. Many citizens, including myself, were not notified by the city, were completely unaware of this significant zoning change until it was already finalized. Of the few citizens who were fortunate enough to be subscribed to the City’s E-Notification system and those who frequent the city web sites, when learned about the upzoning proposal through an online survey, only 18% expressed support for the change, an stunning low level of support which should have caused the City to redouble its effort for more public engagement before going ahead. Despite this clear lack of public awareness and significant community opposition, the City proceeded with the upzoning, Evulich Ct, an R1-zoned single-family plot was rezoned to an R3 designation. This change, combined with additional density bonuses allowed under SB330, permits the construction of more than 80 housing units on the site. The City’s actions clearly violated multiple provisions of California Government Code §§ 65090, 65091, 65092, and 65854, which mandate public notification and hearings for zoning changes. This failure to adhere to well-established laws and procedures suggests that it was not merely an accidental oversight but a deliberate attempt to withhold information from the public, enabling those in power to advance their own objectives under a veil of secrecy. This blatant disregard demonstrates not only the City Manager’s lack of respect for Cupertino residents but also a troubling indifference to the state laws designed to protect citizens and ensure transparency in governance. I understand that Ms. Wu lives in Sunnyvale and perhaps doesn’t care about the city she’s supposed to be serving. After news of the upzoning broke, concerned citizens rallied to voice their grievances. In September 2024, Randy Ong delivered a petition, signed by 745 residents of the Linda Vista and Monta Vista neighborhoods, to the City Manager and Mayor Mohan. The petition challenged the improper upzoning of the area and was addressed to the entire City Council. However, after being handed over, the petition effectively vanished, as both the City Manager and the Mayor deliberately suppressed its existence for over two weeks. This obstruction prevented the petition from reaching its intended recipients on the City Council, undermining the citizens' efforts to seek accountability. It was only through the persistent efforts of Council Members Moore and Liang Chao that the petition was uncovered and finally presented to its intended audience. This blatant disregard for transparency and accountability demonstrated that the City Manager placed herself above the citizens and even the City Council. Such actions represent a clear violation of city code and a grave abuse of public trust, undermining the democratic process. 3. In the time between when we submitted the petition and when it was eventually rediscovered, many of us reached out to the city via email, seeking engagement on this matter. However, we were confronted with the reality that there are complex rules governing when and how written communications must be submitted in order to be included in official records. It was far from being as simple as emailing cityclerk@cupertino.org. It also seemed that the guidelines for submitting emails to be considered part of the written communications continued to change, with little explanation for why. As a result, an increasing number of emails from citizens were deemed ineligible to be included in the written records, preventing them from being preserved as a record of public concerns. This shift in policy did not seemed to be sanctioned by city council resolutions; rather, the city clerk's department simply began applying these new restrictions. Cupertino has made this process unnecessarily complicated and frequently changing, hindering transparency and citizen involvement. This reflects yet another attempt to suppress the democratic process, directly contradicting the responsibilities the City Manager is meant to uphold. 4. After uncovering our petition and finally having it officially recorded in the Written Communications, we reached the point where we had to stand before the city and request formal acknowledgment of this issue. Since the upzoning had never undergone a public hearing, we asked for it to be added as an agenda item at an upcoming city council meeting for public discussion. Despite numerous emails and multiple residents speaking at city council meetings, no agenda item was ever allowed. Because the issue was excluded from the agenda, the City Manager and City Council remained silent on it for several meetings—a convenience afforded by the Brown Act. At that point, a troubling reality became clear: those who control the agenda decide what is important to the people of Cupertino, not the actual citizens who elected the City Council who hired the City Manager. During multiple council meetings, we witnessed the frustration of Council Members Liang Chao and Kitty Moore as they attempted to raise the issue. However, Mayor Mohan and Council Member Fruen voted against it, and Pamela Wu made no effort to support the residents. In this situation, if she had the best interests of the citizens in mind at all, she could advocate for an agenda item. It is difficult to believe that an issue of such significance to hundreds of families in Cupertino could be denied even a basic discussion. This made the earlier lack of public notification and suppression of the petition seem far from accidental. After efforts to suppress the petition and exclude it from the Written Communications, the City Manager and Mayor used their remaining influence to prevent a public hearing. This action goes directly against the principles outlined in the city charter and undermines the democratic process, adding further insults to the earlier injury. Rezoning, conducting public hearings, and accepting public input are standard practices in any city’s operations, governed by both city codes and state law. So why, then, in our city, have these routine processes been made so difficult, and seemingly calculated to suppress public engagement. The evidence above shows that the City Manager bears significant responsibility for these dysfunctions that have eroded trust between the city and its residents. Thank you for your time and attention to this matter. We hope that the City Manager will endeavor to improve in the coming year to carry out the duties entrusted to her by the City and the Citizens. Sincerely, Helena Cohen Cupertino resident. From:Rhoda Fry To:City Clerk; City Council Subject:City Council 11/18/2024 Agenda item #1 City Manager Date:Monday, November 18, 2024 1:53:07 PM 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, Regarding the City Manager performance evaluation, in my opinion, Ms. Wu continues to show growing pains in her role as City Manager and continues to disappoint. And the City has gone through the expense of getting her training that does not have appeared to resulted in a performance improvement. Most recently, she was yelling at residents during a mayor meeting. I happened to be standing next to her and covered my ears with my hands. This is unacceptable. And it is frustrating that she attends the mayor meetings and speaks over the mayor. She appears to have forgotten that she works for the City Council and not vice versa. Additionally, Ms. Wu has accused me in an email to other City staff that I had been rude or some such in a zoom meeting. I was invited by another resident to a zoom meeting with City Staff. The resident was quite rude and I was unable to say anything because my microphone was not working yet. At some point, Ms. Wu left the zoom because she did not like the behavior of the resident and sent a hostile message to the resident, myself, and staff. I did not play a part in the resident’s behavior and was accused of it and shamed in front of multiple staff members. This is wrong. And I heard from another resident that Ms. Wu had stated that I was responsible for delays at Vallco when I have not been closely involved with issues there and would certainly not wield that type of power. Furthermore, she has engaged in more gossip with others in stating that I was running for City Council. It is inappropriate that Ms. Wu be involved in politics. When she started on council, she acted as though she was in service to the council when Darcy Paul was mayor. This changed under the mayorship of Hung Wei and Sheila Mohan. I also observed her attacking other councilmembers from the dais. This is inappropriate. And she overstepped by intimidating council members into voting for a brightly lit public storage sign that faces residences. I have written about this before. It is wholly unacceptable. There is more and you can refer to previous commentary. I would have hoped that Ms. Wu would have grown into her role and am saddened to see that she has regressed. Sincerely, Rhoda Fry, 40+ year resident of Cupertino From:Lisa Warren To:City Clerk; City Council Cc:City Council Subject:Written Communication for November 18, 2024 Closed Session items 1 and 2 Employee Performance Evaluations CM and CA Date:Monday, November 18, 2024 2:57:40 PM Attachments:JR Fruen Letter to CC May 11, 2018 - City Attorney"s Duty - city"s Mission Statement.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. Mayor Mohan, Vice Mayor Fruen and Councilmembers Chao, Moore and Wei. I have written and/or spoken about City Manager and City Attorney 'performance' in, I believe, the last three closed meetings on the subject. I had hoped for improvement, but it seems that things are getting worse, or at least more well known. I have recently spoken to several community members who have shared bad, to horrible, experiences as they tried to engage with Sr. Staff. This is not a good trend at all. I continue to see erosion in transparency from City Manager Wu, and I have made statements to that effect in public meetings. Some of this 'behavior' is supported by the current council majority, which is also a significant disappointment. I personally chose not to communicate directly with emails to CM Wu because the 'answers' were not helpful. I did try again after several months of opting not to, and again I felt that it was not a good use of time. No real answers and, I felt, dismissive replies. I wish that it were not so. I am forwarding a previous email (from over a year ago) that touches on my own concerns, as well as other members of the public. I have read some emails, and heard multiple residents discuss and report poor judgement on behalf of city attorney Jensen. Things do not appear to have improved related to the way that Mr. Jensen communicates with residents, and seem to be getting worse. Something needs to be done, and the public should be made aware of efforts to take this seriously. There is an increasing amount of money being spent on 'consultants' such as David Sykes and the contracts indicate that 'coaching' is for multiple staff members. Have any of these consultants been made aware of the discontent of city residents ? If not, why not ? While I understand that these two positions are not 'easy'. That should in no way create a culture that allows for 'misuse of power' or unacceptable treatment related to people who the positions are meant to serve. ----- Forwarded Message ----- From: Lisa Warren <la-warren@att.net> To: cityclerk@cupertino.org <cityclerk@cupertino.org>; City Council <citycouncil@cupertino.org> Sent: Monday, October 30, 2023 at 04:39:50 PM PDT Subject: Written Communication for Oct 30, 2023 Closed Session item #1 To: City Council Re: Item #1 of Oct 30, 2023 Closed Session Performance Evaluation City Attorney I have attached a letter submitted by JR Fruen, Resident, to city council members on May 11, 2018. The subject of the message was the performance of a previous city attorney I have would like to draw attention to the initial comments quoted below in bold. The letter was submitted under the Public Employee Performance Evaluation: City Attorney, (Randolph Hom) I do hope that Mr. Fruen, and others, see why this is relevant. I have concerns related to the way that CA Jensen's actions have altered in the last several months and don't believe they have not supported the city's mission statement. I hope that Mr. Jensen can get back on the right path for our residents, who any city attorney is expected to serve. " The heart of an attorney's duty of loyalty is his protection and furtherance of this client's interests. For any client, those interests range beyond shielding against legal exposure. In the case of this city, they include community cohesion and vitality as memorialized in the city's mission statement 'to provide exceptional service, encourage all members of the community to support one another, and support the values of education, innovation and collaboration'. " There is a later comment that suggests an additional concern : "I can not recall encountering the city attorney at public events." --- Lisa Warren From:S B To:Kitty Moore; Liang Chao; Sheila Mohan; J.R. Fruen; Hung Wei; City Clerk Subject:Feedback on City Manager Pamela Wu Date:Monday, November 18, 2024 3:42:38 PM 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 Cupertino City Council Members and City Clerk, Please include this in the city written communications! I had the opportunity to work with the City Manager in my role as a commissioner in 2023. Since then, I have observed a troubling shift in her approach to her responsibilities and interactions with residents. It appears either the Council has redefined her role, or she has chosen to disregard residents' concerns. Below are several key issues I’ve identified, along with suggestions for improvement: 1. Lack of Transparency The Scofield and Linda Vista cases highlight a lack of transparency. In the Scofield case, residents were directed to work directly with the developer, with no involvement from the city. In Linda Vista, 745 signatures were collected but ignored until Council members Chao and Moore intervened. The City Manager should establish clear communication channels and a structured process to engage residents and developers, ensuring timely responses to community concerns. 2. Lack of Fiscal Responsibility In 2023, the City Manager traveled to Taiwan with Councilmember Wei, and this year, she is on a similar trip to India with Mayor Mohan. No public report has been provided on the Taiwan trip, including costs and benefits. Meanwhile, city services like the July 4th fireworks have been cut due to budget constraints. The City Manager should provide detailed reports on such trips and the council must scrutinize travel expenses, especially during times of fiscal austerity. 3. Lack of Respect for Democracy Changes to resident communication processes have become increasingly complex, now requiring explicit requests for attaching memos to written communications for public access. Furthermore, important issues like the future of City Hall and the removal of bike lanes on De Anza are often relegated to memos instead of being discussed in open Council meetings. The City Manager should ensure that all major topics are openly discussed in meetings, with clear opportunities for public input, restoring transparency and inclusivity in decision-making. 4. Lack of Respect for Elected Council Members Council members Chao and Moore are often unable to express their views due to time constraints or because the issue was discussed in private meetings. This leaves the public unaware of important discussions. Additionally, at events like the Mayor’s Chai, the City Manager has sometimes taken on a speaking role intended for the Mayor, which can confuse residents about who is speaking on behalf of the city. Council members should be given the opportunity to share their views during meetings, and the City Manager should respect the role of the Mayor, ensuring that residents hear directly from elected officials. 5. Questioning Integrity and Accountability During the recent City Council election, city staff removed campaign signs for candidates Kitty Moore and Ray Wang without prior notice, violating the municipal code. While the City Manager issued an apology, the underlying question remains: how did this happen? This incident highlights the need for more transparent and accountable decision-making. The City should implement a clearer process for approvals, including public visibility and tracking (e.g., a workflow ticketing system), to increase transparency and rebuild public trust. I believe in constructive feedback and would like to see the city manager committed to working toward a more transparent, accountable, and resident-focused city government. Sincerely, Sashi Begur