CC 01-02-2019 Closed Session Agenda and Written CommunicationsCUPERTINO
CITY OF CUPERTINO
AGENDA
CITY COUNCIL
10300 Torre Avenue, Conference Room A
Wednesday, J a nuary 2, 2019
9:00AM
Non-televised Special Meeting Closed Session
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO
CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City
Council is hereby called for Wednesday, January 02, 2019, commencing at 9:00
a.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino,
California 95014. Said special meeting shall be for the purpose of conducting
business on the subject matters listed below under the heading, "Special
Meeting." The regular City Council meeting normally beginning at 6:45 p.m.,
Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014
was cancelled.
ROLL CALL
CLOSED SESSION
SPECIAL MEETING
1. Subject: Conference with Legal Counsel -Anticipated Litigation: Significant
exposure to litigation pursuant to paragraph (2) of subdivision ( d) of Government
Code Section 54956.9: One Potential Case (regarding tort claim).
ADJOURNMENT
Pag e I
City Council AGENDA January 2, 2019
The City of Cupertino has adopted the provzszons of Code of Civil Procedure §1094. 6;
litigation challenging a final decision of the City Council must be brought within 90
days after a decision is announced unless a shorter time is required by State or Federal
law .
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested
persons must file a petition for reconsiaeratzon wz!hin ten calendar · dayso f rhe date the
City Clerk mails notice of the City 's decision. Reconsideration petitions must comply
with the requirements of Cupertino Municipal Code §2. 08 . 096. Contact the City
Clerk's office for more information or go to http://www.cupertino.org/index.aspx?
page= 125 for a reconsideration petition form.
in compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council meeting who is visually or hearing impaired or has any
disability that needs special assistance should call the City Clerk's Office at
408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during the meeting.
Any writings or documents provided to a majority of the Cupertino City Council after
publication of the packet will be made available for public inspection in the City
Clerk's Office located at City Hall, 10300 Torre Avenue, during normal business hours
and in Council packet archives linked from the agenda/minutes page on the Cupertino
web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2. 08.100 written communications sent to the Cupertino City Council,
Commissioners or City staff concerning a matter on the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the City's website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the City Council concerning any item
that is described in the notice or agenda for this meeting, before or during
Pagel
City Council AGENDA January 2, 2019
consideration of that item. If you wish to address the Council on any issue that is on
this agenda, please complete a speaker request card located in front of the Council,
and deliver it to the Clerk prior to discussion of the item. When you are called, proceed
to the podium and the Mayor will recognize you. ff you wish to address the City
Council on any other item not on the agenda, you may do so by during the public
comment portion of the meeting following the same procedure described above . Please
limit your comments to three (3) minutes or less.
Page3
2019-1-29 AM Cupertino City Council Closed session meeting Statement
Honorable Mayor Steven Scharf, Vice Mayor Liang Chao, Council Member Rod Sinks, Darcy Paul and Jon
Willey, as the former Mayor and councilmember, I, am here to address the issues of Former City
Attorney Randolph Hom's tort claim case . I have told the old council that the tort claim is a false claim .
There is no merit. Those charges a re false accusations and are not true. I have given all the records and
details to our city's outside Counsel, Mr. Thomas Mahew I am asking this new council the same: Please
decline the tort claim and if Mr. Hom file the lawsuit, please defend our city and DO NOT settle the case.
I also want to address the issue of Referendum regarding Vallco Specific Plan Tier 2. Four of you, except
Council Member Sinks, have asked people to sign the referendum and promise that you will place it on
the ballot when you collect enough signatures and let Cupertino voters vote on the merit ofVallco
Specific Plan Tier 2. Now, you have collect enough signatures to place this issue on the ballot, you shall
keep your promise to place this referendum on the ballot.
Thank you. d
D~--~ lc./b V ..,
Barry Ch Former M~ t· --c~uncil Member
Cuper · o's 44 years resident
Lauren Sapudar
From:
Sent:
To:
Subject:
Attachments:
To whom it may concern,
Lori Ekman <lori .ekman@gmail.com>
Tuesday, January 01, 2019 8:20 AM
Cupertino City Manager's Office; Rocio Fierro; City Clerk; City Counci l
Closed session on Mr Hom's tort
10.05.2018_Mailer_ChaoWilley.pdf
I feel the city should oppose this claim and be transparent. We as citizens have a right to know what has
transpired. The only way for us to know this infonnation is if it goes to court. Cupe1iino does not need any back
room deals regarding this to1i. Especially, as this to1i came about in the middle of the election and was a key
paii in getting Liang Chao and Jon Willey elected.
Liang Chao and Jon Willey should also not be involved in this seeing as it relates to Vallco and was used in
their election (see attached campaigning flyer). Our city does not need any more impropriety.
Thank you,
Lo1i Ekman
T ota l C ontro l Pa n e l
To: c ityc lerk@ c upertin o .o rg
From: lori.ekman@gm a il.com
Message Score: 13
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Liang Chao; Ph.D.
20-year Resident of Cupertino
CUSD School Board Member
Ph.D., Princeton -Computer Science
Jon Willey, P.E.
21-year Resident of Cupertino
: California Licensed Professional Engineer
1. Bring the Residents' Voices to ALL City Decisions. That is th e most impo rt a nt
responsibility of an elected official. That is Democracy.
2. Strong Policies and Accountability: We will a<;iopt stronger policies to kee p a ll
developers & polluters equally accountable. No favoriti sm .
3. Community Friendly Vallco that includes substantialretail. entertainment.
fitness , customer-facing small businesses & re asonable a mount of housing .
4. Reliable & Efficient Transportation Solutions: traffic mitigation solutions that w e
can implement today, such as citywide shuttles serving students to se niors.
5. Solid Action Plans for Affordable Housing w ithout compromising quality of life.
Affordable housing for families , seniors and people w ith disabilities, not just tiny
Low quality units.
Jon Willey for Cupertino City Council 2018. Liang Chao for Cupertino City Council 2018 • P.O . Box 246 , Cupertino, CA 95015
Time for Change on the Cupertino City Council. Here is why:
• Big developers get special treatment and exceptions at the expense of city residents. '
• 1.75 million sq. ft. office space approved at Vallco -severe traffic problems unresolved while worsening our housing shortage.
• Traffic congestion, school overcrowding and lack of retail concerns consistently ignored.
Prst Standard
US Postage
PAID
San Jose , CA
Permit# __ _
• School contributions sacrificed for pet projects. Like empty-shell Performing Art Center -interior construction and o J erating cost to be paid by you.
• Bait-and-switch at Main Street: Removed senior housing. Replaced athletics club with office. Allowed insufficient parJland.
• Millions spent on consultants to justify high density projects. "Community-driven " becomes an empty slogan.
• $$$ spent on outside lawyers, while City Attorney on fully-paid leave under mysterious circumstances. 1
• Big capital projects lack transparent fiscal impact analysis: such as $70M projected for new City Hall.
• Failed to protect City from the SB 35 project. Then approved even denser Tier 2 Valko plan .
• Committed to ensure hefty Developer profit: impacts and financial burdens on us ignored.
VOTE BY MAIL OR ON NOV. 6!
Paid for by Liang Chao for Cupertino City Council 2018 FPPC # 1408420 I
Paid for by Jon Willey for Cupertino City Council FPPC # 1408452
Lauren Sapudar
From:
Sent:
To:
Gary Jones <gjoneshome@yahoo.com >
Tuesday, January 01, 2019 9:08 AM
Cupertino City Manager's Office; City Attorney's Office
Cc: Timm Borden; Grace Schmidt, MMC ; Rocio Fierro ; City Council; Amy Chan ; Mercury
News Opinion Letters
Subject: Open Letter for upcoming scheduled city council closed door session of January 2,
2019, 9:00 AM
Termination of City Attorney Hom & Resulting Litigation
Open Letter of protest
January 1, 2019
With respect I submit that certain city council members have a bias as to the outcome of this litigation and a conceivable
settlement. In this regard , those members of the council who have an apparent bias should not participate in any closed-
door sessions related to this matter.
During the last election and on Cupertino's Nextdoor certain councilmembers made their predisposition as to the
termination of Randolph Hom, our past city attorney.
In my opinion, this prejudice to a favorable outcome for Mr. Hom disqualifies those councilmembers from any and all
participation as to this matter.
As to a settlement, I complain that a favorable clearing of this matter without a trial is damaging to the taxpayers and
voters of Cupertino. Mr. Hom allegedly continued to receive his full compensation after his termination and without any
significant delay was able to attain a new position with another city. Only a court should determine his true damages or
lack thereof.
The timing of his lawsuit against the city calls into question the appearance of a violation of Hom's duty of good faith
and trustworthiness. In my opinion, there should be no settlement and the city should let the court determine the
outcome of this litigation, should Mr. Hom lose in trial he should be required to reimburse the city for all costs. It is my
belief that through the process of discovery evidence may come to light that justifies the termination (perhaps in the
form of internal communications). Let it be known I have no knowledge of such violations other than through hearsay.
As the newest council members ran for office based on a platform of transparency, it can only serve the publics best
interest if there is discovery and the truth be known.
Respectfully as a senior member of this community for now 43 years,
Gary Jones of Cupertino Thrives [a local blog for a better future of Cupertino]
Tota l Control Panel
To: c it vco un c il(a)c up ertin o .o rg
From : gjoneshome@yahoo.com
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Grace Schmidt, MMC
From:
Sent:
To:
Subject:
Munisekar <msekar@gmail.com>
Tuesday, January 01, 2019 11:36 PM
Steven Scharf; City Council; City Clerk
A residents request on Randy Hom's Tort Claim .
Dear Mayor Steven Scharf & City Council,
As a resident of Cupe1iino, I am conflicted between desire to minimize legal exposure to our city vs . desire to
expose the nexus & collusion between developers and our previous city council majority. Especially given the
way the city attorney was fired with public input from 4 residents closely linked to developer.
Ideally in most cases, I would ask to settle the matter out of court and move on. For some reason, I want to see
this case pursued to the extent of investigating the previous council majority actions, all of its communications
and their financial interests.
I really hope you would use your best judgement and do the right thing for our city. I am going to trust you on
this matter. Thanks for tackling the mess created by previous council majority.
Cheers
Muni Madhdhipatla
Cupertino Resident
Total Co ntrol Pan el
To : cityc lerk @ cup ertin o.org
From: msekar@gmail.com
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