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CC 05-11-2018 Item No. 1 - Written CommunicationsLauren Sapudar From: Grace Schmidt Sent: To: Wednesday, May 09, 2018 1:12 PM Lauren Sapudar Subject: FW: Review City Attorney, Friday, May 11, 2018 From: Gary Jones [mailto:gjoneshome@yahoo .com] Sent: Wednesday, May 09 , 2018 12:28 PM To: David Brandt <Davidb@cupertino.org>; council@cupertino.org Cc: Grace Schmidt <graces@cupertino.org> Subject: Review City Attorney, Friday, May 11, 2018 David and Council I'll keep this short. I understand there is a Friday closed session to review our city attorney. My 2 cents is that the City of Cupertino is a very valuable internationally known brand demanding a level of legal support commensurate with Cupertino moving forward. The city is faced with some daunting issues as to land use, political upheaval as we await the results of litigation, an upcoming potentially difficult election for city council seats, potential bond issue to build a new city hall and addition to our library, and more. IMHO, we are now a city that requires the fulltime attention of an attorney with substantial, current forward looking legal background in civic matters. Respectfully, Gary Jones, 42 year resident of Cupertino Total Control Panel To: graces @ cupertino .org From : gjoneshome@ yahoo.com Remo ve thi s sender from my allo w li st You received this message because the sender is o n your allow li st. 1 Friday, May 11th, 2018 3:30 Honorable Mayor Darcy Paul and Vice-Mayor Rod Sinks and City Council, As members of the Cupertino Historical Society, we are concerned that the performance of our city attorney, and how his office consistently and adversely affects our attempts to collaborate or otherwise do business with the city of Cupertino. We remain frustrated with several projects currently on hold which negatively impacts our outreach to the city. One example is our collaboration with Cupertino Rotary to restore the Stocklmeir house and grounds. Louis Stocklmeir was one of the early advocates for Cupertino's incorporation as a city, the first Cupertino City Historian and founder and president of the Cupertino Historical Society. The house continues to sit empty and derelict because the city attorney does not approve of the project. We understand if he does not support a given project, he may recommend against proceeding. However, to thwart proposals of which he does not approve seems far beyond the appropriate scope of his office. Another project impacted involves our antique farm equipment. The Cupertino Historical Society would like to place some of this equipment at McClellan Ranch which will enhance the park and educate our youth about our agricultural past. We have been working with city staff, which has been very supportive on this issue for over a year and a half. But, due to a backlog at the city attorney's office, this issue has still not been reviewed. It is our understanding that cur's is just one of many agreements held up due to the delays and obstructions at the city attorney's office. None of these beneficial projects are getting done, Stocklmeir renovation, McClellan farm equipment and tools sharing, the upgrade of the Blesch house, which has been sitting empty for at least four years. Either Historical Society projects are being singled out for neglect, or as we have been informed, all of the city's business is being handled in this deficient manner. These delays and inadequate service do not meet the traditionally high standards of professionalism and service represented by the city generally, and the city attorney's office specifically. City staff, the city council, and our community need a city attorney with a CAN DO; not a CAN'T DO attitude! Donna Austin, Shannon Lee, Sharon Blaine, Janet Riddell, Jane Alvarado Lauren Sapudar From: Sent: To: Subject: Mayor Paul and Council Members , bedord@gmail.com on behalf of Jean Bedard <Jean@bedord.com> Thursday, May 10, 2018 2:00 PM City Council; 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 la cked 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 immediately 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 of Thanksgiving week continues si x months later, and will haunt the 2018 elections , with accusations that the council did not "protect" the city from implementation of SB 35. * 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 with 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 Cupertino 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 leadersh ip skills, as well as land use and municipal law expertise . Please take appropriate action . Warm regards, Jean Bedard Cupertino Resident Total Control Panel To : cityclerk @cupertino.org From: bedord@gmail.com Message Score: 15 My Sp am Blocking Level: Hi gh B lock thi s sender Block g mail.com This message was deli vered because the co ntent filter score did not exceed your filter level. 1 High (60): Pass Medium (75): Pass Low (90): Pa ss Mr. Mayor and members of the city council: Like many other Cupertino residents, it dismays me to appear before you today given the topic at hand. The heart of an attorney's duty of loyalty is his protection and furtherance of his client's interests. For any client, those interests range beyond shielding against legal exposure. In the case of this city, they include community cohesion and vitality as memorialized in the city's mission statement: "to provide exceptional service, encourage all members of the community to support one another, and support the values of education, innovation and collaboration." From the Cupertino Historical Society to the Friends of Stevens Creek Trail, various non-profit groups with longstanding roots in this community report increased difficulty in complying with the impositions of new requirements that appear solely calibrated to forestall any liability on the part of the city, without apparent regard to the value these institutions return to Cupertino and its residents. This excessively cautious approach undervalues a host of city interests that extend far beyond legal risk. This matter lies within the remit of the city attorney's office. Similarly, it has come to my attention that the longtime owner of Vardy's received a cross-complaint for contribution from the city in June 2017, without any apparent forewarning. While this filing likely safeguarded the monetary interests of the city, a more collaborative approach in the best traditions of an attorney's duty to opposing parties and our city's mission statement could have achieved a less acrimonious result. Regardless of whether this action occurred in response to proper consultation with the city council, the advice given matters and our locally-owned businesses deserve to know that they have a partner in the city, not a knee-jerk adversary. By contrast, I am struck at the lack of response from the city attorney during moments of conflict that damage public trust and could lead to exposure. The August 15, 2017 gateway vote on three separate projects immediately comes to mind. The council struggled at length to determine just the proper procedure for voting. This left the council and staff appearing hapless in a moment of heavy public scrutiny. Sufficient advance vetting of the voting procedure or intervention from the city attorney at that moment could have solved the problem. Indeed, this disengagement appears to be commonplace--I cannot recall the last time the city attorney resolved an ongoing conflict on the city council dais, nor can I recall encountering the city attorney at public events. I am not here to impugn the technical competence of the city attorney; but I feel that Cupertino deserves the best, not a city attorney who is absent in body from civic life, and absent in word from council meetings. I wish this council much wisdom in its deliberations today. Thank you. J .R. Fruen Cupertino Resident CUPERTINO CITY CLERK