CC 05-09-2023_Late Written CommunicationsCC 05-09-2023
#1
Fact Finding Report
Written Communications
From:Liang Chao
To:City Clerk
Subject:Liang Chao"s statement
Date:Tuesday, May 9, 2023 9:09:27 PM
Please enter this into the May 9 meeting record.
\This is the statement I read tonight.
========
Citizens of Cupertino, City Council, City Staff
Under the Constitution, which I have sworn to protect and support, it is my responsibility as
an elected City Councilmember to lead the city. Cupertino voters have elected me to lead
and supervise the running of the City. My constitutional duties necessarily include obtaining
information about all actions of the City as appropriate in my judgment as elected
representative. The highest duty of every Councilmember is to serve the best interests of
the residents, not the best interests of power brokers.
The highest duty of all City staff is to serve the interests of Cupertino residents represented
by the elected City Council members, including providing information as and when
requested by a member of the City Council. I very much appreciate the hard and dedicated
work provided by City staff day-in, day out. And I trust that they are fully capable in
answering questions to support their findings. And I trust that they appreciate public and
council inputs and questions in order to arrive at the best policies for our constituents.
I will continue to ask questions, analyze the information, and vote on policies based on
thorough research, critical to making informed decisions. I have always directed my
questions to the City Manager and will continue to do so. The political power brokers have
tried to influence and muzzle the city council and staff through anonymous undisclosed
interviews. The expectation that council members are here solely to rubber stamp is
precisely what is wrong with the government, and that is precisely why I stepped up to
serve on Cupertino City Council. I will continue to speak up and serve Cupertino residents.
As an immigrant who has seen first-hand how democracy can be hollowed out behind the
scenes, I will protect and defend the Constitution - of the People, by the People and For the
People - to the best of my abilities. Democracy is a privilege that I have sworn an oath as
an elected official to stand up for and to protect.
THANK YOU.
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From:Kirsten Squarcia
To:Christopher Jensen; City Clerk; Pamela Wu
Subject:FW: Written Communications Item 1 Today
Date:Tuesday, May 9, 2023 5:25:45 PM
Attachments:Written Communications for City Council Special Meeting of May 9.pdf
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Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
(408) 777-3225
From: Kitty Moore <Kmoore@cupertino.org>
Sent: Tuesday, May 9, 2023 4:03 PM
To: Kirsten Squarcia <KirstenS@cupertino.org>
Subject: Written Communications Item 1 Today
Dear City Clerk,
Please provide the attachment to Written Communications for tonight’s meeting.
Thank you,
Kitty Moore
Representing myself only
Kitty Moore
Councilmember
City Council
Kmoore@cupertino.org
(408) 777-1389
Written Communications for City Council Special Meeting of May 9, 2023
Agenda Item 1
Comments:
1. The Fact-Finding Report appears to blame Staff turnover on Councilmembers and does
not consider employees who may have been concerned about the December 2021
revelation of the CDTFA Audit which is resulting in massive cuts and staffing reductions,
or Staff departure for other opportunities for career advancement, but tries to blame
Councilmembers who have been serving during a pandemic and working from home.
2. The Fact-Finding Report provides an incomplete accounting regarding concerns I have
had over the nearly 4.5 years which I have served and points only to the 14-year
embezzlement which was discovered 4 years after it ended and had multiple internal
controls suggestions for improvement which have become addressed through the
assistance of the Council approved Moss Adams assessments and recommendations to
the City. Other areas of concern have included failure to provide financial reports per
Municipal Code and State Law, certain approvals, contracts, payments, enforcement of
conditions, appropriations, and various purchases.
a. I will mention the most recent concern since I brought it up last week, which is
the $600k appropriated to Library Services in the current FY 23 Budget. In doing
my Budget prep I found that the City has not had to pay for extra Library hours
since FY 2018-19 yet was still appropriating these funds. The current Proposed
Budget has now been corrected.
b. Everyone is familiar with my work noticing the hazardous waste problems at
Vallco . That developer finally agreed 3 years after they obtained approval from
the City to bypass CEQA in 2018 with an SB 35 project, and 2 years after stating
the project had a ‘clean bill of health’ in Spring of 2019, to SCCDEH regulatory
oversight to protect the workers and residents when they begin cleanup. What
they may not know is that the City Staff did not inform the Council or Public for
the same two years that they were conducting peer reviews.
3. There appears to have been a shift from the original motion to have a secondary
investigation regarding “House Divided” which was made February 21, 2023 by
Councilmember Fruen, seconded by Mayor Wei and received a majority vote by Fruen,
Wei, and Mohan with Chao abstaining and Moore voting no is as follows:
“…that the City Attorney will investigate and report back on other violations of the
Municipal Code with respect to council-staff and commissioner-staff relations so that the
City Council may establish policy to correct or prevent such violations in future.”
On May 2, 2023 the same Council Majority voted to waive the important Attorney-Client
privilege which damages the confidence in speaking to the City Attorney.
The Staff Report for today’s meeting on the topic states something which holds a different
meaning from the February 21, 2023 Council majority direction:
“If the City Council determines that the recommendations above and/or similar measures it
may consider do not address the Councilmember conduct at issue, including violations of
Municipal Code Chapter 2.17, Council may consider other remedies, including procedural
changes to avoid future violations of the Municipal Code, censure, and/or referral to the
District Attorney.”
The new version of Council direction includes remedies including referral to the District
Attorney.
Thank you,
Kitty Moore
Representing myself only
From:Liang Chao
To:City Clerk
Subject:Fw: Statement to be read as soon as the meeting starts
Date:Tuesday, May 9, 2023 9:14:41 PM
Please enter this into the written communication for the May 9 meeting. This is a written
record of what I said in the meeting:
After all of the public comment, during thee break, a member of the public told me that the
statement I sent in about the reason I have to arrive late was not read by either the City
Manager or the City Clerk.
So, after the break, I made the following statement:
----------
I just learned that the statement I sent to the City Manager and the City Clerk to be read right
after the roll call was not read.
I am going to read that statement now.
"My company has an important internal event today, which requires all hands on
deck. As the Mayor and the City Manager are aware, before the legal deadline to post
the agenda, I had requested a start time of 6:45pm as any regular council meeting,
but this request was denied.
I will join tonight's meeting as soon as I am able, which will likely be at 6:45pm. I
respectfully request that no substantive action be taken until I am present."
Thank you.
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From: Pamela Wu <PamelaW@cupertino.org>
Sent: Tuesday, May 9, 2023 4:20 PM
To: Liang Chao <LiangChao@cupertino.org>; City Clerk <CityClerk@cupertino.org>
Subject: RE: Statement to be read as soon as the meeting starts
Councilmember Chao,
We are in receipt of your request.
Pamela
Pamela Wu
City Manager
City Manager's Office
PamelaW@cupertino.org
(408)777-1322
From: Liang Chao <LiangChao@cupertino.org>
Sent: Tuesday, May 9, 2023 3:58 PM
To: City Clerk <CityClerk@cupertino.org>
Cc: Pamela Wu <PamelaW@cupertino.org>
Subject: Statement to be read as soon as the meeting starts
I'd like to request the following statement be read in the beginning of the meeting as soon as the roll
call is done.
And please enter this into the written communication.
Thank you.
+=====
My company has an important internal event today, which requires all hands on deck.
As the Mayor and the City Manager are aware, before the legal deadline to post the
agenda, I had requested a start time of 6:45pm as any regular council meeting, but
this request was denied.
I will join tonight's meeting as soon as I am able, which will likely be at 6:45pm. I
respectfully request that no substantive action be taken until I am present.
=====
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From:Kirsten Squarcia
To:City Clerk
Subject:CC 5-9 #1 written communications
Date:Wednesday, May 10, 2023 7:57:52 AM
Attachments:Scan May 10, 2023 at 7.52 AM.pdf
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Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
(408) 777-3225
From:Kirsten Squarcia
To:City Clerk
Subject:CC 5-9 #1 written communications
Date:Wednesday, May 10, 2023 8:00:34 AM
Attachments:Scan May 10, 2023 at 7.57 AM.pdf
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Kirsten Squarcia
City Clerk
City Manager's Office
KirstenS@cupertino.org
(408) 777-3225