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CC 11-21-2024 Item No. 1 and 2._Late Written CommunicationsFrom:Santosh Rao To:City Council; City Clerk Subject:11/21/24 city council meeting agenda item 1. Feedback on city manager Pamela Wu. Date:Thursday, November 21, 2024 5:04:53 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 closed session city council meeting on Nov 21, 2024 and for the future regular session city council meeting. —————————————————- Mayor Sheila Mohan Council Members City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Urgent Concerns Regarding City Manager Pamela Wu's Performance Dear Mayor Mohan and Cupertino City Council Members, I am writing to express my deep dissatisfaction with the conduct and performance of City Manager Pamela Wu during 2023-2024. Her actions, often unilateral and without council direction, have severely damaged public trust, undermined transparency, restricted stakeholder engagement, and eroded residents' ability to communicate effectively with their elected representatives. Below, I outline critical issues that demand immediate rectification: 1. Unilateral Removal of Written Communications for Oral Communications Without council approval, the City Manager removed written communications for items not on agenda even though oral communications is on agenda, depriving residents of the opportunity to view and respond to others' concerns. This change has had disastrous consequences, as seen with the DeAnza Blvd lane removals, Bollinger Road studies, and Housing Element C4A feedback. Transparent discourse is essential; this policy must be reversed immediately. 2. Arbitrary Limits on Oral Comments Capping oral comments at 30 minutes at the start of meetings, with the remainder relegated to the end, is both arrogant and dismissive of residents. When residents take the time to speak, their voices deserve to be heard fully, not constrained by an arbitrary time limit. 3. Restrictions on Yielding Speaking Time Requiring five individuals to yield time for an additional three minutes is an affront to the public's ability to organize and express themselves. This demeaning rule undervalues the collective voice of residents and must be abolished. 4. Manipulation of Special Meetings to Eliminate Oral Comments By moving meetings to Mondays, designating them as "special meetings," and thereby eliminating oral comments, the City Manager has curtailed public input under the guise of procedural convenience. This tactic is unacceptable and must end immediately. 5. Elimination of Hybrid Meetings Discontinuing hybrid meetings under the pretense of cost-saving is indefensible. A webcast is not a substitute for public participation. If the City Manager can justify taxpayer-funded trips to Taiwan and India, she can fund hybrid meetings for all commissions, including Parks and Recreation, Audit, and Public Safety. 6. Abandonment of Written City Manager Reports Replacing substantive written reports with superficial video presentations is a disservice to transparency. These reports must be reinstated immediately to provide residents and council members with detailed updates on city affairs. 7. Disbanding Critical Committees The elimination of the Economic Development and Environmental Review Committees, among others, has crippled the ability of residents and council to influence policy. These committees must be reinstated without delay. 8. Curtailing Residents’ Ability to Pull Consent Calendar Items The new requirement for providing reasons to pull consent items diminishes the symbolic and practical input of residents. Council and the City Manager work for the public, not the other way around. This policy must be reversed. 9. Elimination of Informational Agenda Items Informational items, once a critical component of transparency, have been eliminated, further eroding public trust. Reinstate this section to restore proper civic discourse. 10. Overloaded Consent Calendars Stacking consent calendars with over 15 items, including $24M contracts, signals either incompetence or deliberate subversion of public and council input. This practice must cease immediately. 11. Absence of Directors at Commission Meetings The absence of directors at commission meetings weakens the integrity of the civic process. Directors must resume attendance to provide the necessary expertise and accountability. 12. Disruptive Use of Cell Phones During Meetings The City Manager’s frequent use of her cell phone or laptop during meetings raises concerns, including potential Brown Act violations. Council should prohibit cell phone use on the dais to ensure full focus on city business. 13. Disrespectful Behavior Towards Council Members and Residents The City Manager’s repeated arrogance and condescension towards Councilmembers Chao and Moore, as well as public supporters, is unprofessional and unacceptable. This behavior must cease immediately or be addressed through disciplinary action. 14. Political Bias in Agenda Setting The City Manager has weaponized agenda-setting to delay or suppress items unfavorable to her or her political allies. Residents’ demands, such as improving the sign ordinance, have been ignored indefinitely. This overt partisanship is a betrayal of her duty to serve the entire city impartially. 15. Mishandling the Planning Commissioner Replacement Discussion Allowing hours of public beratement during the discussion of Planning Commissioner Ray Wang’s replacement was a failure of leadership and decorum. The City Manager’s pattern of behavior reflects a troubling lack of accountability, professionalism, and respect for the chain of command. If these issues are not immediately addressed, I urge the council to place her on a performance improvement plan. If substantial improvements are not evident, the council must consider terminating her employment and initiating a search for a more capable and resident-focused City Manager. The residents of Cupertino deserve better leadership and a City Manager who upholds transparency, accountability, and respect for the public and council. Sincerely, San Rao Cupertino voter / resident , From:Glenn Fishler To:City Council; City Clerk Cc:Cupertino City Manager"s Office; City Attorney"s Office; Glenn Fishler Subject:Agenda Items #1 & 2, Special City Council meeting 11/21/2024: Performance Evaluations Date:Thursday, November 21, 2024 5:07:59 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. Please include this email for Items 1 and 2 in the public record for this meeting. Dear Mayor Mohan, Vice Mayor Fruen and City Council Members, I am writing in support of City Manager Pamela Wu and City Attorney Chris Jensen. It is my understanding you are conducting performance evaluations for these two City executives at this time. I have observed both executives in action many times during the past two years, via both in-person and Zoom call-in attendance of City Council meetings. In my view, Cupertino is fortunate to have both Pamela and Chris working for our City, as both are doing a very good job managing and leading the city’s affairs, despite major challenges they have faced. Leading Cupertino's City government has clearly not been an easy job, with the divisive politics of our city combined with the fiscal and legal challenges we have experienced in recent years. Notable achievements I have observed include: - Negotiated a settlement with CDFTA for $74.5 million that the city would have potentially had to repay to the state. This was a huge win for the residents of our City. - Effectively led the city through the unfortunate loss of $30 million in Apple sales tax revenue (due to CA State policy change), which significantly reduced the annual operating budget for the City. It is my understanding there were no layoffs of City staff, and services to Cupertino's residents were not significantly impacted. - Successfully negotiated an important settlement with Sandhill (Vallco site developer) regarding mitigation fees, vs. entering into likely risky litigation the city would most likely have lost. This paved the way for moving ahead with development plans to turn the demolished Vallco property into a mixed use space (housing + retail + commercial). This was a huge achievement for the City, and it should be rewarded. - Did a great job of managing City resources to gain CA State approval of Cupertino’s Housing Element in July 2024, which resulted in only 4 Builder's Remedy projects in Cupertino vs. 20 in Saratoga, a smaller city. - I understand there has been a significant reduction in staff turnover, particularly senior staff, which had approached 60% under the previous City Council. Pamela has clearly stabilized departments and their work loads, which was impossible under the six month tenures of the six previous interim city managers. - Chris and Pam have done an excellent job of working with the City Council to run efficient Council meetings and practice good governance. The meetings are much improved compared to prior City Councils I have observed. No more Grand Jury investigations, no more Council meetings running past midnight into the early morning hours, more time for public engagement. All in all, they should be applauded for their work in returning Council meetings to normalcy. In summary, City Manager Pamela Wu and City Attorney Chris Jensen have been highly effective in their City executive roles. Please recognize their achievements in your performance evaluation process. Sincerely, Glenn Fishler Cupertino City Resident since 1997 From:Srividya Sundaresan To:Kitty Moore; Liang Chao; Sheila Mohan; J.R. Fruen; Hung Wei; City Clerk Subject:City Manager Pamela Wu"s performance Date:Thursday, November 21, 2024 5:46:41 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 closed session city council meeting on Nov 21, 2024 and for the future regular session city council meeting. —————————————————- Mayor Sheila Mohan Council Members City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: City Manager Pamela Wu's Performance Dear Mayor Mohan and Cupertino City Council Members, I am writing to express my deep dissatisfaction with the conduct and performance of City Manager Pamela Wu during 2023-2024. Her highhanded actions such as: 1) unilateral removal of written communications for oral communications, 2) arbitrary limits on oral comments, 3) restrictions on yielding speaker time, 4) eliminating hybrid meetings, to give a few examples have severely damaged public trust, undermined transparency, restricted stakeholder engagement, and eroded residents' ability to communicate effectively with their elected representatives. Her political bias in how agendas are set for council meetings and the eagerness to ram through 24M$ in public spending in a lame duck session of the council are more evidence of her disdain for resident and city interests over other considerations. Additionally, Ms. Wu's behavior during city council meetings have shown a lack of respect for the residents of Cupertino and their elected representatives, Ms. Moore and Ms. Chao. She needs to be reminded that she works for the city and the residents and given a clear timeline (no more than 3 months) for improvement in her behavior and performance according to professional standards. If Ms. Wu's actions and behavior continue to be antagonistic to resident interests beyond that point, her employment with the city should be terminated. We the residents deserve and demand better, and we depend on you, our elected representatives, to deliver that for us. Sincerely, Srividya Sundaresan From:Ram Sripathi To:Kitty Moore; Liang Chao; Sheila Mohan; J.R. Fruen; Hung Wei; City Clerk Subject:Feedback on City Manager Pamela Wu Date:Thursday, November 21, 2024 6:11:47 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 closed session city council meeting on Nov 21, 2024 and for the future regular session city council meeting. —————————————————- Mayor Sheila Mohan Council Members City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Urgent Concerns Regarding City Manager Pamela Wu's Performance Dear Mayor Mohan and Cupertino City Council Members, I am writing to express my deep dissatisfaction with the conduct and performance of City Manager Pamela Wu during 2023-2024. Her actions, often unilateral and without council direction, have severely damaged public trust, undermined transparency, restricted stakeholder engagement, and eroded residents' ability to communicate effectively with their elected representatives. Below, I outline critical issues that demand immediate rectification: 1. Unilateral Removal of Written Communications for Oral Communications Without council approval, the City Manager removed written communications for items not on agenda even though oral communications is on agenda, depriving residents of the opportunity to view and respond to others' concerns. This change has had disastrous consequences, as seen with the DeAnza Blvd lane removals, Bollinger Road studies, and Housing Element C4A feedback. Transparent discourse is essential; this policy must be reversed immediately. 2. Arbitrary Limits on Oral Comments Capping oral comments at 30 minutes at the start of meetings, with the remainder relegated to the end, is both arrogant and dismissive of residents. When residents take the time to speak, their voices deserve to be heard fully, not constrained by an arbitrary time limit. 3. Restrictions on Yielding Speaking Time Requiring five individuals to yield time for an additional three minutes is an affront to the public's ability to organize and express themselves. This demeaning rule undervalues the collective voice of residents and must be abolished. 4. Manipulation of Special Meetings to Eliminate Oral Comments By moving meetings to Mondays, designating them as "special meetings," and thereby eliminating oral comments, the City Manager has curtailed public input under the guise of procedural convenience. This tactic is unacceptable and must end immediately. 5. Elimination of Hybrid Meetings Discontinuing hybrid meetings under the pretense of cost-saving is indefensible. A webcast is not a substitute for public participation. If the City Manager can justify taxpayer-funded trips to Taiwan and India, she can fund hybrid meetings for all commissions, including Parks and Recreation, Audit, and Public Safety. 6. Abandonment of Written City Manager Reports Replacing substantive written reports with superficial video presentations is a disservice to transparency. These reports must be reinstated immediately to provide residents and council members with detailed updates on city affairs. 7. Disbanding Critical Committees The elimination of the Economic Development and Environmental Review Committees, among others, has crippled the ability of residents and council to influence policy. These committees must be reinstated without delay. 8. Curtailing Residents’ Ability to Pull Consent Calendar Items The new requirement for providing reasons to pull consent items diminishes the symbolic and practical input of residents. Council and the City Manager work for the public, not the other way around. This policy must be reversed. 9. Elimination of Informational Agenda Items Informational items, once a critical component of transparency, have been eliminated, further eroding public trust. Reinstate this section to restore proper civic discourse. 10. Overloaded Consent Calendars Stacking consent calendars with over 15 items, including $24M contracts, signals either incompetence or deliberate subversion of public and council input. This practice must cease immediately. 11. Absence of Directors at Commission Meetings The absence of directors at commission meetings weakens the integrity of the civic process. Directors must resume attendance to provide the necessary expertise and accountability. 12. Disruptive Use of Cell Phones During Meetings The City Manager’s frequent use of her cell phone or laptop during meetings raises concerns, including potential Brown Act violations. Council should prohibit cell phone use on the dais to ensure full focus on city business. 13. Disrespectful Behavior Towards Council Members and Residents The City Manager’s repeated arrogance and condescension towards Councilmembers Chao and Moore, as well as public supporters, is unprofessional and unacceptable. This behavior must cease immediately or be addressed through disciplinary action. 14. Political Bias in Agenda Setting The City Manager has weaponized agenda-setting to delay or suppress items unfavorable to her or her political allies. Residents’ demands, such as improving the sign ordinance, have been ignored indefinitely. This overt partisanship is a betrayal of her duty to serve the entire city impartially. 15. Mishandling the Planning Commissioner Replacement Discussion Allowing hours of public beratement during the discussion of Planning Commissioner Ray Wang’s replacement was a failure of leadership and decorum. The City Manager’s pattern of behavior reflects a troubling lack of accountability, professionalism, and respect for the chain of command. If these issues are not immediately addressed, I urge the council to place her on a performance improvement plan. If substantial improvements are not evident, the council must consider terminating her employment and initiating a search for a more capable and resident-focused City Manager. The residents of Cupertino deserve better leadership and a City Manager who upholds transparency, accountability, and respect for the public and council. Sincerely, From:Neil Park-McClintick To:City Council; City Clerk; Cupertino City Manager"s Office; City Attorney"s Office Subject:Special Items 1+2 Comments Date:Thursday, November 21, 2024 7:16:36 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 Mayor Mohan and members of the City Council, Apologies—I know these comments are too late to be included, but I wanted to voice my support nonetheless for the leadership of our City Manager and Attorney, thanks. For years, Cupertino has faced a staffing crisis, struggling to recruit and retain qualified leadership worthy of the massive amount of wealth, innovation, and opportunity that our city has to offer. With a strategic slew of negative comments coming from a small minority of the city, only weeks before their faction looks to retake control of the city, we should he DEEPLY concerned that this evaluation process is being weaponized to fire highly effective staff in favor of strictly ideologically aligned (ie anti-housing, anti-state law) yes people, who will do the bidding of this new city council. I’ve heard from several staff who work with our City Attorney and City Manager, that they enjoy and respect working under their leadership. And during their tenure, our city has responsibly handled an unprecedented budget crisis and a severely delayed housing element update that had a high number of newly introduced requirements. Yes—our city leaders have sometimes pushed back against some of our commissioners, councilmembers, or even members of the public. But they’ve done so go uphold the law, protect the city, and to ensure responsible governance. Leaders who succumb to misinformation or willful negligence are not leaders—they are followers, and that’s exactly what this incoming Council and its supporters want, which has been a noticeable trend We are lucky to have City Attorney Jensen and City Manager Pamela Wu, and we should strive to retain their leadership here in Cupertino. Thank you for your consideration of my comments.