CC 07-31-2018 Item No. 1 Closed Sesssion Litigation - Friends of Bettery Cupertino, et al. - Written CommunicationsLauren Sapudar
From:
Sent:
To:
Subject:
Mayor Paul and Council Members.
Cc 1!11/1t -ttJ/
vrrir Cu:n-/C_
bedord@gmail.com on behalf of Jean Bedord <Jean@bedord.com>
Thursday, May 10, 2018 2:00 PM
City eouncil; City Clerk
Review City Attorney, Friday, May 11, 2018 -Randy Hom lacks leadership
As someone who has been attending city council meetings regularly for the past two years , I am disappointed in the lack of
leadership and political savvy demonstrated by our city attorney, Randy Hom . I'm quite concerned that his "by the book"
approach creates more problems than the more pro-active leadership shown by previous city attorneys. My observation is that
he lacked effectiveness in quieting controversy in both of these cases:
* The fire drill for the city council to act on the new housing bills effective Jan. 1, 2018 . When this issue was raised in the Nov.
7, 2017 council meeting, it should have been immediate ly obvious that noticing requirements precluded any binding action prior
to the end of the year. The fallout from public outcry at the Nov. 21 meeting in the middle o.f Thanksgiving we.els continues si.~
months later, and will haunt the 2018 elections, with accusations that the council did not "protect" the city from implementation of
SB35.
* During the Westport vote in 2017 , the agenda and voting procedure was confusing, and the council struggled to figure out the
process. Why didn't Randy Hom review the process in advance to prevent the mess or have an alternative? He did not install
any confidence in the competence of the council or city staff -they came across as not knowing what they were doing.
Now that there has been an SB 35 application filed witb the city, I'm concerned that Randy Hom's approach will result in lawsuits
on a much larger scale than the penny-ante Measure C lawsuit initiated by Steven Scharf and the Better Cuperti no
PAC. Please disqualify Councilman Scharf from the vote since he is a party in active litigation where the city attorney is the
legal representative of the city, his opponent, which creates a conflict of interest.
The city deserves a new city attorney with world class leadership skills , as well as land use and municipal law expertise . Please
take appropriate action.
Warm regards,
Jean Bedord
Cupertino Resident
Tola ! Contro l Panel
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7/31/2018 Gmail -Public Records request -City Attorney "excused " absences.
M Gmail Randy Shlngal <randyshlngai@gmail.com>
Public Records request -City Attorney "excused" absence:;.
Randy Shingai <randyshingai@gmail.com> W d, Jul 4, 2018 at 8:42 AM
To: City Clerk <cityclerk@cupertino.org>, City Attorney's Office <CityAttorney@cupertino.org>, City C ....,·, ______ _
<citycouncil@cupertino.org>
Dear City Clerk,
This request is in reference to these Cupertino Municipal Code items:
CMC 2.18.020 functions of the office of the City Attorney:
B. Furnish legal services at all meetings of the Council, except when excused or disabled, and give advice or
opinions on the legality of all matters under consideration by the Council or by any of the boards, commissions,
committees or officers;
CMC 2.18.070 Acting City Attorney.
A. The Assistant City Attorney shall serve as City Attorney pro tempore during any temporary absence or
disability of the City Attorney.
1. I would like all documentation that can show the the City Attorney was excused or disabled for his absences from the
Cupertino City Council Meetings in May, June and July of 2018.
2. I would like all documentation that can support Acting City Attorney Rocio Fierro's service as City Attorney pro tempore
for May, June and July of 2018.
If the City is authorized to redact or withhold any documents, please let me know what and why for each instance.
I would like the information in electronic form, but if that is not possible, please-let me know when I can come by to view
the documents.
Thank you,
Randy Shingai
https://mail.google.com/mail/u/O/?ui=2&ik=c1 eOd 15394&jsver=Qv9zvKTc TKg .en.&cbl=gmail_fe _ 180725 .13_p2&view=pt&msg:.:16465f56d7822eb7 &se ... 1/1
7/31/2018 Gmail -Public Records request -City Attorney •excused" absences.
M Gmaif Randy Shlngal <randyshingal@gmall.com>
Public Records request -City Att<>mey "excused" absenc:;e•.
" --·· ··-------·----.. ···------------------------·--·------·------~--~--··-··-·--·---------------------------------------------
Grace Schmidt <graces@cupertino.org>
To: Randy Shingai <randyshingai@gmail.com>
Cc: City Clerk <CityClerk@cupertino.org>, City Attorney's Office <CltyAttorney@cupertino.org>
Good afternoon Mr. Shingai,
The City of Cupertino responds to your request for records dated July 5, 2018 with responsive documents in
accordance with the California Public Records Act, Government Code section 6250 et seq.
Certain records are privileged and exempt from disclosure by law and therefore are not being released. These records
include:
• Preliminary Drafts and Notes -Gov. Code §6254(a}: Draft documents and notes are transitory records that are not
retained by the City in the ordinary course of business. These include individual's notes and lists, preliminary agendas,
draft versions and working copies. Oiscfosure would also have a chilling effect and inhibit staff's abillty to seek input and
clarification on city issues and policy development.
• Attorney-Client and Attorney Work Product Privileged Materials -Gov. Code §6254(k}, Evid. Code §954:
Documents that contain attorney-client and work-product communications or which relate to legal advice and
deliberations are privileged and not subject to disclosure. Examples include: legal opinions and memoranda; emails and
correspondence from legal counsel or discussing legal advice/communications.
These and other similar records are also protected because the public interest in non-disclosure outweighs the public
interest in disclosure. Gov. Code §6255. The information provided fulfills the requirements of your Public Records Act
request.
Attached are the responsive documents to your request. The City will provide you with any additional documents if
found to be responsive.
The information provided fulfills the requirements of your Public Records Act request.
Kind Regards,
Grace Schmidt, MMC
Cupertino City Clerk
https ://mall.google.com/mail/u/O/?ui=2&ik=c1e0d15394&jsver=Qv9zvKTcTKg.en.&cbl=gmail_fe_ 180725. 13_p2&view=pt&msg= 164edabbcb8e9db8&s ... 1 /2
From:
To:
Subject:
li>itlliti
To All City Staff:
David Brandt
Citv Employees
City Attorney
Monday, May 14, 201B 5:49:49 PM
Effective immediately, City Attorney Randolph Horn will be out of the office and unavailable for
contact. Senior Assistant City Attorney Rocio Fierro will serve as Acting City Attorney until further
notice. Please send all requests for legal assistance or advice to Rocio Fierro or Araceli Alejandre.
Thank you,
David Brandt
City Manager