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CC 05-02-2025 Item No. 1 City Manager Performance Evaluation_Written Communicationscc 05-02-2025 Item # 1 City Manager Evaluation Written Communications From:Jim Lee To:City Council; City Clerk Subject:Written comments for 5/2 City Manager Performance Evaluation Date:Friday, May 2, 2025 7:36:59 AM 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. Written comments for 5/2 City Manager Performance Evaluation Dear City Council, "I serve at the leisure of City Council." We hear City Manager Wu say this line repeatedly during Council meetings. But it doesn't take long to see the hypocrisy of this statement. Wu only serves at the discretion of certain Councilmembers whom she favors. I have seen requests from Liang Chao and Kitty Moore, both when they were Councilmembers and now when they are Mayor and Vice Mayor, continually be met with delay, relegation to the "TBD List" which is a place agenda items go to die, or worst of all, a false agreement but it never gets done. Does this sound like "serving at the leisure of Council" to you? A few specific examples, but there are many more: - Why is the City Hall renovation taking so long to get back into the CIP? The new Council majority has asked for it endlessly. The work has already been done. Is it because the City Manager would rather delay this project in hopes that a new Council might vote to rebuild a brand new City Hall? The continual delay of this project feels like willful insubordination. - Why did it take 4-5 months to get a list of 20 CWP items prioritized? From start to finish, the process was unnecessarily dragged out. When Mayor Chao requested changes, City Manager Wu complained that Chao had created an "entirely new" list and took even more weeks to incorporate changes. We pay the City Manager over $300K/year. Handling lists should not be difficult. - Why did it take months to figure out how to handle $65M in a non-interest-bearing checking account? This is an egregious loss of taxpayer dollars and financial mismanagement. I trust the City Council to make the right decision on the City Manager. Jim From:Lisa Warren To:Liang Chao; Kitty Moore; Sheila Mohan; J.R. Fruen; R "Ray" Wang Cc:City Clerk; Floy Andrews; Floy Andrews Subject:Public comment for City Council Special Meeting May 2, 2025 12:15pm Item 1 Date:Thursday, May 1, 2025 11:09:07 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. Mayor, Vice Mayor, City Councilmembers, and City Attorney, I am sending this email message as I have seen the agenda for tomorrow's CC Special Meeting, and have comments and questions. Please include this email in the Public Comments for the meeting and for the city's public record. CLOSED SESSION - City Council May 2, 2025 1. Subject: Public employee performance evaluation/discipline; Title: City Manager; California Government Code Sections 54954.5(e) and 54957(b). ______________ Given that this subject description is not something that I have seen before in the decades that I have been participating in local 'politics', I am wondering about several things. If disciplinary action is taken for an employee at the level of either city manager, or city attorney, are the details and expectations of the discipline made public record ? Are the details of the action communicated to the public in a meeting report out (actionable items) ? I do hope that if disciplinary actions are taken, the public will be provided the details. For example: reason(s) for discipline measure of what is required to meet expected 'improvement' timeframe and checkpoints given for evaluation of progress, or lack there of I would hope for a description of all things that define the need for discipline as well as a timeframe for progress check and re-evaluation. I would not want anything to be a mystery to the public. You have had a great deal of feedback and details from residents/the public, including issues and supporting documents. I do wonder what other, if any, concerns there are that have not been made public by Council. My understanding of a portion of resident complaints and concerns, is thatthe City Manager has broken conditions of her contract multiple times, andhas misappropriated public funds (a State violation). I would not want to allow for any city funds to be spent on 'disciplinaryprocess'. There have been an abundance of consultant contracts relatedto 'training or coaching' the current city manager. They have come atgreat cost. Those are expenses that are questioned by many. I assume, and expect, that for the City Council's protection, there is aneed for documented details and descriptions of what concerns are beingbrought forth and a precise plan to correct them. Hopefully the public willhave access to all such documents. Respectfully, Lisa Warren From:Peggy Griffin To:Liang Chao; Kitty Moore; R "Ray" Wang; Sheila Mohan; J.R. Fruen; City Attorney"s Office Cc:City Clerk Subject:2025-05-02 City Council Meeting - Agenda Item1-City Manager Evaluation/discipline Date:Thursday, May 1, 2025 11:03:32 PM Attachments:Costs for Baker Tilly Executive Coaching.pdf Costs for Klarity Consulting Executive Coaching.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 ALL ATTACHMENTS AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE MEETING AGENDA ITEM. Dear Mayor Chao, Vice Mayor Moore, Councilmembers and City Attorney Floy, Based on Accounts Payable documents, I found that our taxpayer dollars have paid for hours of coaching for our city manager. When were all these hours for coaching taking place? Where they during business hours? If so, along with all the travel, when was our city manager in Cupertino performing her duties? Was this at the cost of other staff member training? It seems like contracts that directly benefit an employee should be approved by others. CM Pamela Wu Coaching Contracts Klarity Consulting, LLC Executive Coaching & Mentoring $41,340.00 from April 2024-February 2025 Agreement for $7,200.00 through Dec. 2024: https://records.cupertino.org/WebLink/DocView.aspx? id=1097128&dbid=0&repo=CityofCupertino&searchid=e7984bdd-8ec0-4771-bbb3-c83baac757ba First Amendment for $150,000 through June 2025: https://records.cupertino.org/WebLink/DocView.aspx? id=1101051&dbid=0&repo=CityofCupertino&searchid=e7984bdd-8ec0-4771-bbb3-c83baac757ba Second Amendment through June 2027: https://records.cupertino.org/WebLink/DocView.aspx? id=1154024&dbid=0&repo=CityofCupertino&searchid=e7984bdd-8ec0-4771-bbb3-c83baac757ba Baker Tilly US, LLP Executive coaching for PWu $9,625.00 from December 2022-February 2024 Q: Where is the contract for this work? I only see the 1-day council workshop contract not to exceed $17,900.00-no executive training. I cannot find it on the city’s website. Council 1-day Workshop Contract: https://records.cupertino.org/WebLink/DocView.aspx? id=1002914&dbid=0&repo=CityofCupertino&searchid=c81a4ff5-2cb7-4823-b351-3f27947637f3 TOTAL COST OF EXECUTIVE COACHING = $50,965.00 Sincerely, Peggy Griffin P.S. I find it worrisome that someone can issue a contract for their own benefit and be the major signer on that contract… Date Payee Name Invoice Number Invoice DateInvoice AmountDescription 2/24/2023 Baker Tilly US, LLP BT2263242 12/7/2022 $1,522.50 Executive Coaching Pamela Wu 8/11/2023 Baker Tilly US, LLP BT2500878 8/3/2023 $402.50 Executive Coaching For PWu Through July 2023 6/16/2023 Baker Tilly US, LLP BT2458804 6/6/2023 $632.50 Executive Coaching For PWu 10/20/2023 Baker Tilly US, LLP BT2526933 9/8/2023 $2,357.50 Executive Coaching For PWu through August 2023 10/20/2023 Baker Tilly US, LLP BT2556122 10/4/2023 $287.50 Executive Coaching For PWu through Sept 30,2023 7/28/2023 Baker Tilly US, LLP BT2478907 7/7/2023 $690.00 Executive Coaching For PWu through June 30,2023 7/28/2023 Baker Tilly US, LLP BT2415365 5/4/2023 $225.00 FY 22-23 Executive Coaching For PWu 6/30/2023 Baker Tilly US, LLP BT2334680A 3/3/2023 $690.00 Executive Coaching For PWu provided through February 2023 4/21/2023 Baker Tilly US, LLP BT2370827 4/7/2023 $460.00 Executive Coaching CM Wu 11/17/2023 Baker Tilly US, LLP BT2598038 11/7/2023 $977.50 Fees for PWu Coaching Provided Through October 31,2023 12/15/2023 Baker Tilly US, LLP BT2622249 12/5/2023 $402.50 Executive Coaching For PWu 4/5/2024 Baker Tilly US, LLP BT2648477 1/4/2024 $172.50 Fees for coaching provided through December 31, 2023 3/29/2024 Baker Tilly US, LLP BT2676617 2/7/2024 $345.00 Executive Coaching For PWu provided through January 2024 3/29/2024 Baker Tilly US, LLP BT2707046 3/7/2024 $460.00 Executive Coaching For PWu provided through February 2024 Date Payee Name Invoice NumberInvoice Date Invoice AmountDescription 6/14/2024 Klarity Consulting, LLC 2024-004 6/10/2024 $3,480.00 Executive Coaching & Mentoring - May 2024 Services 5/24/2024 Klarity Consulting, LLC 2024-001 5/10/2024 $840.00 Executive Coaching Services - April to May 2024 7/26/2024 Klarity Consulting, LLC 2024-005 7/10/2024 $12,960.00 FY23-24 Executive Coaching and Mentoring - June 2024 Services 9/13/2024 Klarity Consulting, LLC 2024-010 9/10/2024 $3,360.00 Executive Coaching & Mentoring - August 2024 Services 9/13/2024 Klarity Consulting, LLC 2024-008 8/10/2024 $8,400.00 Executive Coaching & Mentoring - July 2024 Services 11/1/2024 Klarity Consulting, LLC 2024-011 10/10/2024 $5,280.00 Executive Coaching & Mentoring - September 2024 Services 12/12/2024 Klarity Consulting, LLC 2024-016 12/10/2024 $1,260.00 Executive Coaching & Mentoring - November 2024 Services 1/17/2025 Klarity Consulting, LLC 2024-018 1/10/2025 $1,320.00 Executive Coaching & Mentoring - December 2024 Services 2/28/2025 Klarity Consulting, LLC 2024-020 2/10/2025 $720.00 Executive Coaching & Mentoring - January 2025 Services 3/28/2025 Klarity Consulting, LLC 2024-023 3/10/2025 $3,720.00 Executive Coaching & Mentoring - February 2025 Services From:Jean Bedord To:City Council; Cupertino City Manager"s Office; City Clerk; City Attorney"s Office Subject:Item #1, Performance Review, May 2, 2025, City Council Date:Thursday, May 1, 2025 10:23:48 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 in Written Communications: Mayor Chao, Vice-Mayor Moore, Councilmembers Wang, Fruen and Mohan I am appalled at the treatment of our very competent city manager, Pamela Wu. Residents I have talked to respect her professionalism and her accomplishments in the last two and a half years. The residents who are not perennial gadflies at city hall are less than impressed by the Mayor, and her interference with senior staff. They want a city that operates smoothly, meeting the needs of residents efficiently, not the chaos that the city endured with 7 city managers in 4 years, and high staff Cupertino should be known for excellence in governing - but this sends a very negative message to residents and city partners, as well as the county and state. Cupertino is becoming the poster child for bad governance. City Council Targets City Manager Pamela Wu with Unprecedented Series of Closed-Door Performance Evaluations Please stop this kangaroo court with all its petty grievances and be fair to our city manager, and abide by her contract. Otherwise, this council risks a very expensive lawsuit. As a resident, I very much resent spending money on lawyers, instead of services to residents. Upset resident, Jean Bedord From:louise saadati To:City Council; City Clerk Subject:Closed Session City Council Meeting 5/2/25 Written Communication Date:Friday, May 2, 2025 9:50:13 AM 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 the following in the written communications for the 12:15pm Closed Session City Council Meeting 5/2/25 today. Thank you. _____________ Dear Mayor Chaio, Vice-Mayor Moore, and City Councilmembers: 1-Pam Wu’s Taiwan trip was pre approved by council on 4-1 vote with only Liang voting no 2-Indian trip of ONE day was arranged by Mayor. 3-The new procedure manual revision saying such trips need council approval occurred AFTER the Indian trip. Council cannot legitimately retroactively discipline an employee for later revisions to the procedure Manual. 4-Firing the city manager needs to be done in manner that doesn’t leave the city vulnerable to a meritorious lawsuit. 5-it would give the Council election in 2026 the issue that the new BC Council Majority is again forcing senior staff turnover as it did in its previous council majority from 2018-2020 and as cited in the Grand Jury Findings previously for the prior BC Majority Council. Thank you, Louise Saadati Sent from my iPhone From:Lauren Sapudar To:Melissa Robertson Subject:FW: State of the City Address Date:Friday, May 2, 2025 9:35:24 AM Attachments:image001.png image003.png image005.png image007.png image009.png image011.png image013.png image015.png image041.png image042.png image043.png image044.png image045.png image046.png image047.png image048.png image049.png image050.png image051.png image052.png image053.png image054.png image055.png image056.png image057.png image058.png image059.png image060.png image061.png image062.png image063.png image064.png Lauren Sapudar Deputy City Clerk City Manager's Office LaurenS@cupertino.gov (408) 777-1312 From: Gilbert Wong <gilbertswong@gmail.com> Sent: Friday, May 2, 2025 2:01 AM To: Liang Chao <LChao@cupertino.gov>; Gilbert Wong <gilbertswong@gmail.com> Cc: Pamela Wu <PamelaW@cupertino.gov>; Tina Kapoor <TinaK@cupertino.gov>; Samantha LoCurto <SamanthaL@cupertino.gov>; Tracy Kosolcharoen <TKosolcharoen@cupertino.gov>; Serena Tu <SerenaT@cupertino.gov>; Lauren Sapudar <LaurenS@cupertino.gov>; Kirsten Squarcia <KirstenS@cupertino.gov>; Kitty Moore <kmoore@cupertino.org>; J.R. Fruen <jrfruen@cupertino.gov>; R "Ray" Wang <rwang@cupertino.org>; Sheila Mohan <smohan@cupertino.gov> Subject: Re: State of the City Address 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 Mayor Liang Fang Chao, Thank you for responding to my comment during Oral Communications on April 29 at 6pm in regards to the review of the CIty Manager Performance Review. There were members of the public that probably are affiliated with you and Better Cupertino who alleged the City Manager, Pamela Wu did not attend your State of the City addresses. When the oral communication was finished and closed, you responded directed at me, Gilbert Wong, that you , Liang Fang Chao, had no idea why? If so then why did you respond back to me in the Conference Room? Why did you yesterday go out of your way to email in writing to state that Liang Chao does not know why and you CC the City Manager Pamela Wu that you do not know why? Do you feel guilty that you did not something wrong? Why did the city hire a Private Investigator to investigate the CIty Manager Pameala Wu as I stated in my Oral Communication speech on April 29th? Why are we having another Closed Session on today Friday May 2nd at 12:15pm at CIty Hall for another Closed Session on performance review/ discipline? On April 2, 2025 Council Meeting item #6 you put on the agenda Cupertino Sister City Committee to review the policy on Travel for Staff members. I stated in the public meeting that you were on a public hunt on the Cupertino CIty Manager Pamela Wu. I ask you NOT to involve our four Cupertno sister cities in your personal vendetta against the CityManger. If you have a personal problem or a performance issue with the CIty Manager, first you need to talk to her and if you are not satisfied, then talk to your colleagues in Closed Session and get consensus from your four colleagues. You tried to talk to me about your concerns with Pamela Wu in regards to her performance as a City Manager and I had to stop you and I said you need to talk to your council colleagues or Pamala. As one of her immediate supervisors, I felt you were defaming her to a public member and I did not feel it was appropriate to tell me . I stated as a former Mayor what avenue to address your concern. Pamela Wu is an exceptional CIty Manager for the past two years plus. She has skillfully and professionally help the CIty of Cupertino get through an approved Housing Element, bringing back morale after going through 7 city managers at City Hall staff and help negotiated successful deal with Sand HIll Properties that save us millions and guide us through the clawback by the State of California with Apple sales tax. I feel that the Mayor and her majority has created an unbearable relationship and hostile environment that the City Council should let her go and pay her the 12 months severance for no cause. The Mayor friends and BC have written letters and come to council public hearings with unfounded accusations and allegations that are not grounds to remove Pamela Wu from CIty Manager. The CIty of Cupertino already has two open lawsuits in 2025. I can predict the CIty Manager getting fired soon with a cause that has not been announced. The City has hired a Private Investigator as I have talked to one of the witnesses that was interviewed. We may never know what is in the report as it is a closed session but we need the Press to start asking questions. I hope the Disciplinary closed session later today at 12:15pm will be fair to our CIty Manager Pamela Wu. I hope the FIVE Cupertino Council Members will be fair and transparent in their decision. In the City Manager contract, which is a public document, there is a five day grace period before final action is taken so I hoee the public reads the allegations carefully. I know Mayor Liang Chao is a good person and is trying to do her job to the best of her capacity. I ask the city council to NOT fire Pamela Wu and if you do fire her with NO cause, pay her the 12 months servarnc and avoid a long lawsuit. As Vice Mayor Kitty Moore said she ran on fiscal responsibility. When she sued the CIty and Loss, she said in a public meeting that it was a huge financial burden on her. Please think about our taxpaners! SPECIAL MEETING ROLL CALL CLOSED SESSION 1. Subject: Public employee performance evaluation/discipline; Title: City Manager; California Government Code Sections 54954.5(e) and 54957(b). OPEN SESSION REPORT REGARDING CLOSED SESSION ADJOURNMENT Also there is some background info at https://cupertinotoday.com/2025/05/01/city-council-targets-city-manager-pamela-wu-with- unprecedented-series-of-closed-door-performance-evaluations/ Also do a Public Record Request of correspondence email between me and Mayor Liang Chao. Regards, Gilbert Wong Former Mayor and Coucnilmember (2007 to 2016) ***P.S. City Clerk office, please enter this email to written communications for the May 2, 2025 Closed Session 12:15pm On Thu, May 1, 2025 at 2:51 PM Liang Chao <LChao@cupertino.gov> wrote: Pamela, Thank you for your message. What I recall from the planning meeting was a discussion about the format or program of the event. I had mentioned that I didn’t think an MC was necessary this year, since there wouldn’t be other groups—such as Rotary or the Chamber—making presentations. So, any reference I may have made about not needing you there was strictly in the context of the event program and your role as MC. If I did make a statement such as “I do not see a need to have you there” (which I do not specifically recall saying), I believe it would have been in reference to the role of MC or other role in the program, not attendance as an audience member. To my knowledge, we never had a conversation about whether you should attend the event as a member of the audience or not. As I’ve shared previously, I truly did not know why the City Manager was not present at the State of the City Address, and I was never informed in advance that you would not be attending. That’s why I was surprised by Gilbert’s public comment, which implied that I knew your whereabouts—when in fact, I did not. I hope this clarifies any misunderstanding. As leaders of an organization, I believe it’s important that we assume positive intent and take the initiative to clarify miscommunications before they result in incorrect assumptions that could affect working relationships. Sincerely, Liang Liang Chao Mayor City Council LChao@cupertino.gov 408-777-3192 From: Pamela Wu <PamelaW@cupertino.gov> Sent: Thursday, May 1, 2025 2:26 PM To: Liang Chao <LChao@cupertino.gov>; Tina Kapoor <TinaK@cupertino.gov>; Samantha LoCurto <SamanthaL@cupertino.gov>; Tracy Kosolcharoen <TKosolcharoen@cupertino.gov> Cc: Gilbert Wong <gilbertswong@gmail.com>; Serena Tu <SerenaT@cupertino.gov> Subject: RE: State of the City Address Dear Mayor Chao, Thank you for your email. I’ve taken the liberty of including Tina, Sam, and Tracy in this response, as they were part of the initial Zoom meetings planning for the State of the City. During these meetings, my attendance at the event was specifically mentioned and discussed. During our first planning meeting in January, Tina shared that, traditionally, the City Manager serves as the MC for this event. However, understanding that you intended to introduce a different format this year, you clearly stated that you did not wish for me to serve as MC. I then asked if you envisioned any other role for me during the event, to which you replied, “I do not see a need to have you there.” I repeated your statement for confirmation at least twice, while Tina, Sam, and Tracy were present, and concluded by asking one final time if my absence would be acceptable. You raised no objection. Based on this clear direction, I made other commitments for that evening. However, I want to emphasize that I was present for the full duration of the rehearsal earlier that day—until at least 5:00 p.m.—to support the success of the event in every way I could. If needed, I am happy to verify with IT whether the Zoom meeting was recorded to confirm this discussion. That said, had I known that my attendance was expected from you, I would, without hesitation, have been there to support you fully. Sincerely, Pamela Pamela Wu City Manager City Manager's Office PamelaW@cupertino.gov (408)777-1322 From: Liang Chao <LChao@cupertino.gov> Sent: Thursday, May 1, 2025 10:36 AM To: Pamela Wu <PamelaW@cupertino.gov> Cc: Gilbert Wong <gilbertswong@gmail.com> Subject: State of the City Address Pamela, At the public comment period, a few members of the public commented that the city manager was not present for the State of the City Address. In response, Gilbert Wang (copied here) commented that the Mayor knows where the City Manager was during the State of the City address. (I have no idea why Gilbert seems to think I should know) After all of the public comments, following my policy of correcting any inaccurate comments right away to avoid confusion, I commented that the city manager did attend the rehearsal, but I really didn't know (and still don't know) why the city manager did not attend the State of the City Address. To this date, I still don't know why the city manager was not able to attend the State of the City Address, even though that's announced as a special council meeting. And I was not notified beforehand that the city manager won't be present. I never asked either since I didn't think it's a big deal. Since I didn't know, I cannot offer anything to defend the city manager either., when the public brought up the issue. So, I thought that I should ask you directly so I can clarify it when this comes up again. In case it's a personal matter and you would rather not disclose your whereabouts, that's fine and I understand. At least I have asked the question to give you an opportunity to clarify any confusion. Maybe the reason is something simple and totally reasonable. Thank you. Liang Liang Chao Mayor City Council LChao@cupertino.gov 408-777-3192