CC 09-19-2023
Oral Communications
Written Communications
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Tuesday, September 19, 2023 11:06 PM
To: City Council; Kirsten Squarcia
Cc: City Clerk
Subject: 2023-09-19 City Council Meeting ORAL COMMUNICATIONS - Peggy's slides Attachments: Peggys Oral Communications-Loss of Transparency.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.
Dear City Council and City Clerk Squarcia,
AƩached the slides I used during my Oral CommunicaƟons this evening.
Sincerely,
Peggy Griffin
TRANSPARENCY – Not menƟoned in the Ethics Survey!
Every meeƟng we lose more TRANSPARENCY
Treasurer’s Investment Report…
1. NO sign off by the Treasurer, not even iniƟaled!
a. How do we know it was even looked at?
2. NO Chandler Custodial Report
a. lists assets and cash and where it goes
3. NO PARS Pension and OPEB Account statements
a. Lists pension funds and what returns they are geƫng
4. NO LAIF Account Statement
a. Local Agency Investment Fund
b. CiƟes can use the state experƟse to invest money at no addiƟonal cost to the taxpayer.
Blackberry Farm Golf Course
Management Alternatives
9/19/23
Don Halsey
Friends of Blackberry Farm Golf Course
Option Comment Link
A Cupertino No change
B Courseco Courseco manages Deep
Cliff.
https://www.courseco.com/
C Other course management
companies
• Sierra
• Troon
• Kemper Sports
• Invited
• American Golf
• Still others
https://sierragolfmanagement.com/about-us/
https://www.troon.com/management-services/
https://kempersports.com/public-golf-courses/
https://www.invitedclubs.com/our-portfolio/explore-our- major-markets/southern-california
https://www.americangolf.com/management-services
E Oasis • Pickleball for golf
• One of a kind Social
Experience
• Modern Technology
• World-class course
• Sustainable footprint
https://www.oasisgolfcenter.com
Management Options
(50+%)
Quick survey on which option people want
Things to consider:
• Contract duration: 3 – 10 years, typically 5, renewable • Management service contract (20+%)
• Profit / loss flows to City
• Turnkey / lease (15+%)
• City gets defined annual ‘rent’
• Subcontractor has profit / loss risk
• Fee changes may be limited by City
• Hybrid
• Food and beverage service
• Who pays for water
$330K loss per year
Support
• Consultant: National Golf Foundation
• Did the 2022 study for Cupertino on the golf course renovation • https://www.ngf.org/
• Consultant: Proforma Golf Advisors LLC
• https://www.proformaadvisors.com/home/golf
• A to Z support RFP through implementation
1 Lauren Sapudar
From: Cathy Helgerson <[email protected]>
Sent: Tuesday, September 19, 2023 9:27 AM
To: City Clerk
Subject: Letter for City Council meeting tonight
Attachments: City of Cupertino AD HOC Advisory Commitee letter.docx Follow Up Flag: Follow up
Flag Status: Flagged
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,
I called and spoke to you about this.
Please see that the City Council members, staff members receive my letter. I understand that it will be put on the web for public review under comments. I would like someone to get back to me about my requests.
Thanks,
Cathy
Helgerson ‐ 408‐253‐0490
September 20, 2023 – City of CuperƟno City Council MeeƟng To: Council members – Hung Wei, Sheila Mohan, Liang‐Fang Chao, KiƩy Moore, & J.R. Fruen City Clerk ‐ Please provide copies to all staff members that need to be included.
From: Cathy Helgerson – [email protected] – Phone Number 408‐253‐0490 Subject: I would like to make a request that the city council consider the forming of an AD HOC Advisory CommiƩee to be established in order to invesƟgate, review, and find soluƟons to the serious problem of immigraƟon, homelessness and more in CuperƟno, surrounding ciƟes such as San Jose and San Francisco. I would also like to see that the ciƟes in the Silicon Valley be included in the collaboraƟon of ideas and soluƟons that need to implemented in order to save lives and to bring about the needed changes to these problems. The AD Hoc Advisory CommiƩee should be established in an ongoing conƟnuous manor in order to make sure that the problems will be conƟnually addressed over the years.
Please review and address also my writeup on September 13, 2023at a meeƟng that I aƩended with a council member and two staff members menƟoned in my writeup. Note here that Pamela Wu did not aƩend the meeƟng and did make an appearance aŌer the meeƟng had been concluded. I had requested this meeƟng and the date was way in advance in order to make sure that the people I requested to appear did appear . Pamela Wu has problems aƩending meeƟngs and this has happened on more than one occasion I would like the City Council members to be aware of this problem in order to make sure that it does not conƟnue in the future. The public has the right to ask for construcƟve meeƟngs with council members and staff and the posiƟon of City Manager is a very important posiƟon and the City Manager must aƩend these meeƟngs.
The AD HOC Advisory CommiƩee should review the relaƟonship that the City of CuperƟno has with the West Valley Community Services a non‐profit that resides in the City of CuperƟno. I would like to make sure that the public is aware of this non‐profit organizaƟon and what services they provide that benefit the homeless and the poor in our community. The commiƩee should extend the services with available housing to not only low‐income persons but also people that are in a homeless situaƟon that have no income. The forming of a soup kitchen where hot meals can be provided morning, noon, and night.
Resources that can provide jobs and training, rehabilitaƟon from drug abuse, health reviews to help with the mentally ill homeless, helping kids clocking out of foster care with all kinds of things, building housing projects to support the poorest of the poor and so much more.
The other non‐profit that the AD HOC Advisory CommiƩee should be aware of in their invesƟgaƟon is Conxion to Community in San Jose, Ca. who conduct their own fund raisers. What are their needs and how do they serve the community? The office in San Jose is right next to a homeless encampment that it seems Conxion staff provide bag lunch meals and other services to. There is a job availability service that the non‐profit connects with that helps some of the poor and homeless actually find work and earn some wages and it seems they are paid in cash for that day’s work.
The AD HOC Advisory CommiƩee should also look at the San Francico homelessness issues which it seems is needing all kinds of help. Drugs addicƟon with Fentanyl and others drugs are available and the people addicted to drugs stay addicted. Disease is another situaƟon that should be looked at the homeless populaƟon has all kinds of medical and mental problems which are not being looked at or addressed. Giving the homeless money through disability insurance is not solving the problem it is just making it easier for the heads of government to just look the other way. These people need to be cared for and helped. The CommiƩee should include a review of all the ciƟes in the Silicon Valley and the Bay area. Each city needs to evaluate their specific needs puƫng a commiƩee that looks at the big picture which could also allow all the ciƟes to come together even collecƟvely with all kinds of resources. This would seem to be the way to solve many of the overall problems.
ImmigraƟon issues the fact that there are undocumented immigrants that have lived in the Silicon Valley and the bay area for over 10 and 20 years and sƟll do not have a green card, visa or ciƟzenship is a terrible shame. The immigraƟon laws do not address this problem and the AD HOC Advisory CommiƩee could also address these issues and help solve them. Many migrants are coming over the Mexican border from all over and many of them are criminals and are affiliated with the drug cartels this horrible situaƟon needs to be addressed. What are we doing as a city to stop this flood of illegals? Shouldn’t ciƟes and the state address the problem and find soluƟons the AD HOC Advisory CommiƩee could do just that and it is Ɵme that all the immigraƟon issues are looked at with major consideraƟons on solving the problems instead of leaving all this to our Federal Government.
Many of the immigrants have had to work under the table at all kinds of jobs with liƩle pay of any kind being used by many employers how can they feed themselves and their families? How can this conƟnue? Working together with our local and Federal Governments and our representaƟves to solve the problems should be the goal.
People are put into human trafficking and the cartels are pushing their drugs that are coming over to Mexico from China and they are becoming rich people are suffering from fentanyl drug abuse the young and old alike many have died and it seems nothing can stop these crimes. I do believe that the AD HOC Advisory CommiƩee could also invesƟgate problems such as these. The responsibility of our naƟon to work on creaƟng a safe and stable government lies in the workings of the people’s government all of use should help to solve the injusƟces that plague our county, states, ciƟes, and towns.
I am sorry to say that if these travesƟes are allowed to conƟnue that CuperƟno is not going to remain a nice quiet city and the public will suffer . We need new immigraƟon laws that deal with the real issues as it stands nothing is being solved and unless we the people take a stand nothing will be solved.
I do think it is Ɵme to look at what are our rights do we not have the right to live in a clean and safe ciƟes and a country free from all the issues that plague our society? How can these unjust laws stay into effect they are hurƟng all of us and they are hurƟng humanity.
The AD HOC Advisory CommiƩee that is established can do so much more to help and it is Ɵme that the City of CuperƟno take the lead in such work that could be of great help to so many.
CC 09-19-2023
Councilmember
Written Communications
1 Lauren Sapudar
From: Liang Chao
Sent: Tuesday, September 19, 2023 10:53 PM
To: City Clerk
Subject: MY Presentation for Ethics Code
This is the presentation I used for the Code of Ethics Revision.
Please include it as written communication.
Thanks.
Liang Chao
Council Member
City Council
[email protected]
408-777-3192
Code of Ethics Revisoin
2023-09-19 CC Meeting
Liang Chao
FACTS on the 2018 Code of Ethics
● Cupertino did not have any adopted “Code of Ethics” prior to 2018. ● From Staff Presentation:
FACTS on the 2018 Code of Ethics (Cont’d)
● The 2018-19 work program did not include any item related to “Code of Ethics”.
● After deciding to not consolidate Library Commission and the Public Safety Commission, the 2018 Council directed the staff on July 31, 2018 to “Explore ways to improve Council/Commission communication”. ● The agenda item on November 20, 2018 was titled “Overview of City Commissions and recommendations for improving their effectiveness and communications with the City Council", but somehow one of the 6 documents to be approved is titled “Code of Ethics and Conduct” (CoEC) FACTS on the 2018 Code of Ethics (Cont’d)
● The staff report of November 20, 2018 Council Meeting clearly indicated the 15-page “Code of Ethics and Conduct” was newly added. There was no mention of any earlier public engagement or notification. ● The Nov. 20, 2018 staff report stated incorrectly that “Commissions were very supportive of adopting a code of ethics and conduct.” But there was no record of any written comments from commissioners or commissions.
Problem with the 2018 Code of Ethics
The 2018 CoEC broadly applied the standard normally used for quasi-judicial decisions (to comply with existing laws, such as project approvals) to legislative decisions (to make laws and policies). This is evidenced by the following two quotes from the 2018 CoEC.
○ Item 6 under Ethics: “decision makers … will base their decisions on the facts presented at the hearing and the law”, which is supposed to apply only for quasi-judicial decisions.”
○ Item 7 under Ethics: "Communication. ... City Officials will rely on the agenda materials and information received at the public meeting to support their decision."
Problem with the 2018 Code of Ethics
The 2018 CoEC expanded the normal “Conflict of Interest” on financial interests to include one’s opinions or positions on policy issues. This is evidenced by this quote:
○ Item 8 under Ethics: "Conflict of Interest. ... Consistent with the law, decision-makers will not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility to or personal commitment to others that creates a conflict of interest or the appearance of one, or (c) a strong personal bias as to one party or position."
Problem with the 2018 Code of Ethics
According to Ethics Item 6 and Item 7, City Officials appear to have to ignore public comments received through emails or at any meeting with community members.
City Officials cannot use their past experiences based on reading articles or information derived from their own research on the issues.
Ethics Item 8 goes beyond the state law on Conflict of Interest, which is limited to financial interest. According to such broad interpertation of Conflict of Interest, all members of the Bike and Pedestrian Commission would have to recuse themselves since they have a "strong person bias" towards some bike paths and actively advocate for it. Most Sustainability Commissioners have "personal commitment" to Clean Energy. Most Housing Commissioners have a "personal commitment" towards affordable housing. Most Parks and Recreation Commissioners have a "strong personal bias" towards all-inclusive playground to accommodate children of special needs.
Problem with the 2018 Code of Ethics
The 2018 CoEC might result in Brown Act violation:
COMPLIANCE 3 (a):
Individual Councilmembers should point out to the offending Councilmember perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being questioned, then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor ( or Vice Mayor) to initiate action if a Councilmember' s behavior is not in compliance with the Code of Ethics and Conduct. If no action is taken by the Mayor ( or Vice Mayor), then the alleged violation( s) can be brought up with the full Council.
Potential Issues:
● This could result in Brown Act violation involving three Councilmembers through private communications.
● If there is a disagreement in the interpretation of the “perceived” violation, who decides if there is a real violation or not?
○ This puts the Mayor in charge of deciding whether there is a violation or not, rather than the Council.
● What if one member of the Council plus the Mayor provide biased interpretation and enforcement in private against another Council member without the knowledge of the other two Councilmembers and the public? ● This is a dangerous practice.
Due Process is essential for accountability.
Perception is deceiving.
Eye witness account is often biased because of their own perception.
If anyone is to be punished, the city must provide clear documented evidence to avoid abuse of the procedures and also to avoid making the city liable for claiming violations based on biased views.
Transcripts must be retained for all interviews for the investigation.
The accused must be informed of their violations in writing with clear evidence (with dates/times/locations and persons involved for the incident) to provide them the opportunity to clarify any misunderstanding.
Suggestions
1. City Officials [“OFFICIALS”] including the Councilmembers, Appointed Officials, and Executive City Staff should abide by the Code of Ethics. This is because they all influence decisions of the Council, through recommendations.
2. Revise Ethics Item 6 and 7 should apply only to Quasi-judicial decisions.,.
3. Revise Ethics Item 8 : strong opinion should not be considered a conflict of interst
4. Due Process for investigation with clear evidence (with dates/time/context involved)
Suggestions (Cont’d)
5. Transparency: For any staff-formed committee, the committee members should be disclosed to the public and the committee members should abide by the Code of Ethics and disclose any potential conflict of interest. This is because such committee provides input to staff, who provides recommendations to the City Council.
6. Any OFFICIALS who has been on the board of an organization within the last 12 months should declare it and recuse themselves from any Council actions/decisions/closed sessions associated with that organization.
7. If an OFFICIAL has been on the board of an organization within the last 5 years, the OFFICIAL must declare this at the beginning of the agenda item. .
Suggestions (Cont’d)
8. Distinguish between Rules and Values (aspirational). Any compliance reporting should apply to Rules, not the Values.
9. Distinguish between requirements for quasi-judicial decisions and policy decisions. And define with examples of what is quasi-judicial decisions.
10. The Mayor should not be given the responsibility to determine whether any perceived violation is a real violation and whether any warning is necessary. To encourage collaboration between Councilmembers, we should not ask the Mayor alone to act as both a judge and a police.
The complaint of a few residents on a bike path
project who never expressed the concerns to the
City admin/Council should not define how well the
bike path is constructed.
The complaint of certain residents or staff who
never brought up the issue to the City
admin/Council should not define whether a city is
functional or not.
1 Lauren Sapudar
From: Kirsten Squarcia
Sent: Tuesday, September 19, 2023 9:44 PM
To: City Clerk
Subject: FW: Copy of Resolution No. 16-137 (Item 11)
Attachments: 16-137 Resolution Establishing Rules Governing Recruitment, Attendance, Appointments, and Vacancies on City Advisory Bodies.pdf
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: J.R. Fruen <[email protected]>
Sent: Tuesday, September 19, 2023 9:19 PM
To: Kirsten Squarcia <[email protected]>
Subject: Copy of Resolution No. 16‐137
J.R. Fruen
Councilmember
City Council
[email protected]
(408)777-1316
RESOLUTION NO. 16-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 10-048 AND AMENDING THE
RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT,
ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY
BODIES TO ADD DESIGNATED ALTERNATES TO THE INTERVIEWS AND
APPOINTMENTS PROCESS
WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and
WHEREAS, there are within the City of Cupertino many citizens with talent, expertise and experience who wish to serve the community; and
WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community;
NOW, THEREFORE, BE IT RESOLVED that the City Counc il of the City of Cupertino rescinds Resolution No. 10-048 and establishes the following rules governing recruitment, appointment and reappointment to City of Cupertino Advisory bodies.
A. RECRUITMENT
1. Two months before regular terms expire, or immedia tely following receipt of a resignation, the City Clerk distributes the vacancy notice as follows:
• The Cupertino Scene
• The Cupertino Courier
• The World Journal
• The Cupertino City Channel
• City Hall bulletin board
• The City Clerk’s Office
• The Cupertino Library
• The Cupertino Chamber of Commerce
• Cupertino City Web site
• Other organizations as appropriate with respect to the openings • All persons with applications on file for that particular commission
Resolution No. 16-137
2. Two months before regular terms expire, the City Clerk’s Office also mails the vacancy notice to the following individuals:
• Students and graduates of Cupertino Emergency Response Training
• Students or graduates of Leadership Cupertino
• Neighborhood Block Leaders
• Individuals who have signed up for notification at the Cupertino Town Hall meetings.
3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970.
Specifically, vacancy notices shall be posted for a minimum of 10 days.
4. Applications will be retained for a maximum of one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration.
5. Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk’s Office and ask that the application be reactivated.
6. An applicant may file for a maximum of two commissions at any one application period.
7. A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee.
8. Application forms will be available in the City Clerk’s Office and will be mailed upon request with information about the opening(s).
Application forms will also be available on the City’s Web site.
9. No application shall be accepted after the deadline.
10. When the final deadline has passed, the City Clerk’s Office will mail applicants the date, time and location of the interviews along with sample questions to consider.
Resolution No. 16-137
11. The City Clerk’s Office will copy the applicants’ written material for Council members. The written material will also be available for public review in the City Clerk’s Office.
12. An applicant who is unable to attend the interview may submit a 5- minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The video will be made by City staff at the applicant’s request upon the approval of the City Clerk.
The City will fund these costs.
B. INTERVIEWS AND APPOINTMENTS
1. When Council meets to conduct interviews, it is a publ ic meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk’s Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting.
2. The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance.
3. Interviews are informal and usually last 5 -8 minutes. Council members are looking for:
• Familiarity with the subject
• Decision-making ability
• Commitment to the position for which they have applied
4. Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes.
Resolution No. 16-137
5. The City Council may appoint alternates to serve on boards, commissions and committees in the event of a vacancy. Such alternates may attend an d participate in meetings of the board, commission, or committee but shall not vote in such meetings until such time as a vacancy has occurred and the alternate has filled such vacancy. If the City Council appoints more than one alter nate for a particular board, commission or committee, the City Council shall designate the alternates as first alternate, second alternate and so on such that immediately upon a vacancy occurring in a board, commission, or com mittee, the first alternate shall fill such vacancy without the need for further City Council action.
C. UNSCHEDULED VACANCIES AND ATTENDANCE
1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy.
2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk.
3. A member shall be considered removed from an advisory body under the following conditions.
• A member misses more than three consecutive meetings
• A member misses more than 25% of the advisory body’s meetings in a calendar year
4. It is the resp onsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the meetings, and to send a termination notice if the member has missed more three consecutive meetings or more than 25% of the meetings in a calendar year.
Resolution No. 16-137
5. A member who has been removed from an advisory body for inadequate attendance may request a waiver of this provision by submitting a l etter to the City Council setting forth the reason for the absences and confirming future availability.
D. GENERAL PROVISIONS
1. Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms.
2. All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis.
3. In the event that any provision of this resolution conflicts with the provisions of any other ordinance or resolution governing a particular advisory body, the provisions governing that advisory body shall prevail.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of December, 2016, by the following vote:
Vote Members of the City Council
AYES: Vaidhyanathan, Chang, Scharf, Sinks
NOES: None
ABSENT: Paul
ABSTAIN: None
ATTEST: APPROVED:
/s/ Grace Schmidt /s/ Savita Vaidhyanathan
_________________________ ___________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino
1 Lauren Sapudar
From: Kirsten Squarcia
Sent: Tuesday, September 19, 2023 9:44 PM
To: City Clerk
Subject: FW: Example Comment & Illustration (Item 11)
Attachments: Restat 2d of Torts, § 217.pdf
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: J.R. Fruen <[email protected]>
Sent: Tuesday, September 19, 2023 9:19 PM
To: Kirsten Squarcia <[email protected]>
Subject: Example Comment & Illustration
J.R. Fruen
Councilmember
City Council
[email protected]
(408)777-1316
1 Lauren Sapudar
From: Kitty Moore
Sent: Tuesday, September 19, 2023 9:48 PM
To: Kirsten Squarcia; City Clerk
Subject: Item 11 Ethics Policy Civil Grand Jury Recommendations Attachments: Pages from CC 09-19-2023 Searchable Packet-2.pdf Follow Up Flag: Follow up
Flag Status: Flagged
Dear City Clerk,
Please include the aƩached page from the Civil Grand Jury House Divided report. Please note that councilmembers were removed from their commiƩees by the Council Majority without establishing a procedure per the recommendaƟons.
Finding 4
A comprehensive Code of Ethics not only provides guidance and baseline standards for ethical behavior, it includes sanctions and consequences for deviations from the standard. The City’s Ethics Policy is generic and lacks enforcement provisions and therefore fails to provide a framework to address ramifications for policy violations.
Recommendation 4a
The City should establish an independent Public Ethics Commission with guidance from experts in applied ethics, such as the Markkula Center for Applied Ethics at Santa Clara University, to: (i) develop and implement a robust government ethics training program for all councilmembers; and (ii) evaluate a best practices enforceable Code of Ethics and Conduct Policy that governs all councilmembers and appointed officials for consideration by the City Council. This recommendation should be implemented by March 31, 2023.
Recommendation 4b
The City should reinstate enforcement procedures to enable the City Council and the public to file complaints and testify at public hearings to help remediate ethics violations. This revision should include a procedure for public admonishment, revocation of special privileges, or censure. This recommendation should be implemented by March 31, 2023.
Recommendation 4c
The City Council should engage a conflict resolution professional to help enhance mutual understanding and respect amongst all stakeholders. This recommendation should be implemented by January 31, 2023, and should be repeated at least once per year.
Thank you,
KiƩy Moore
2 Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
REPORT TITLE A HOUSE DIVIDED
internal audit risk reduction and mitigation recommendations. Recommendation 3b should be implemented by July 31, 2023.
Finding 4
A comprehensive Code of Ethics not only provides guidance and baseline standards for ethical behavior, it includes sanctions and consequences for deviations from the standard. The City’s Ethics Polic y is generic and lacks enforcement provisions and therefore fails to provide a framework to address ramifications for policy violations.
Recommendation 4a
The City should establish an independent Public Ethics Commission with guidance from experts in applied ethics, such as the Markkula Center for Applied Ethics at Santa Clara University, to: (i) develop and implement a robust government ethics training program for all councilmembers; and (ii) evaluate a best practices enforceable Code of Ethics and Conduct Policy that governs all councilmembers and appointed officials for consideration by the City Council. This recommendation should be implemented by March 31, 2023.
Recommendation 4b
The City should reinstate enforcement procedures to enable the City Council and the public to file complaints and testify at public hearings to help remediate ethics violations. This revision should include a procedure for public admonishment, revocation of special privileges, or censure. This recommendation should be implemented by March 31, 2023.
Recommendation 4c
The City Council should engage a conflict resolution professional to help enhance mutual understanding and respect amongst all stakeholders. This recommendation should be implemented by January 31, 2023, and should be repeated at least once per year.
Recommendation 4d
The City should publish its current Ethics Policy on the City website by January 31, 2023.
428
CC 09-19-2023
428 of 673
1 Lauren Sapudar
From: Kitty Moore
Sent: Tuesday, September 19, 2023 9:15 PM
To: Kirsten Squarcia; City Clerk
Subject: Written Communications Item 11 Draft Ethics Policy from 2018 Annotated Attachments: Draft Annotated CJ Pages from CC 09-19-2023 Searchable Packet.pdf Dear City Clerk,
Please include the aƩached annotated draŌ 2018 Ethics Policy which is in the current Agenda Packet for the item.
Thank you,
KiƩy Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
P age 33 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
445 of 673
P age 34 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
446 of 673
P age 35 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
447 of 673
P age 36 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
448 of 673
P age 37 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
449 of 673
P age 38 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
450 of 673
P age 39 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
451 of 673
P age 40 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
452 of 673
P age 41 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
453 of 673
P age 42 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
454 of 673
P age 43 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
455 of 673
P age 44 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
456 of 673
P age 45 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
457 of 673
Pag e 46 of 51
REPORT TITLE A HOUSE DIVIDED
CC 09-19-2023
458 of 673
CC 09-19-2023
#3
July 18, 2023 Minutes
Written Communications
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Tuesday, September 19, 2023 1:42 PM
To: City Council; Kirsten Squarcia
Cc: City Clerk
Subject: 2023-09-19 City Council Meeting-Agenda Item3 DRAFT Minutes for July 18, 2023 CC Mtg - 3 additions
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 AS PART OF WRITTEN COMMUNICATION FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City Clerk Squarcia and City Council,
I think the minutes for the July 18, 2023 City Council meeƟng, Agenda Item 13, SB403 are missing 4 pieces of vital informaƟon:
1) the total number of speakers who wanted to speak
a. Total number of speakers who wanted to speak was 145 (98 blue cards and 47 hands raised on Zoom = 145 speakers).
2) the total amount of Ɵme alloƩed for the item and the exact amount of Ɵme each speaker was allowed to speak. a. Mayor Wei alloƩed 90 minutes total for public comment on this item with each speaker allowed 1 minute.
b. This acƟon knowingly disregarded 55 people’s desire to speak and provide input BUT IN ACTUALITY 65 people could not speak!
3) the total who actually spoke
a. Only 80 people (54 in Community Hall, 26 on Zoom) were allowed to speak which is only 55% of the people!
4) the 2 disrupƟons that occurred,
a. one by a member of the public right aŌer Mayor Wei closed public comment and b. one by the City AƩorney near the end of the City Council meeƟng.
Without this informaƟon, the minutes imply that everyone who wanted to speak, spoke, which is not the case! Errors can be made by omission and I believe omiƫng this informaƟon is an error that needs to be corrected.
To address #1 and #2
SUGGESTION‐MODIFY TO READ:
2 “Mayor Wei asked everyone who wanted to speak to submit their blue cards and/or raise their hands. There were 145 speakers. Mayor Wei reduced the Ɵme alloƩed for public comment to 90 minutes with 60 minutes for Community Hall speakers and 30 minutes for Zoom speakers. Each speaker allowed 1 minute and consolidaƟon of Ɵme among speakers was allowed.”
Without this informaƟon, the minutes imply that everyone who wanted to speak, spoke, which is not the case! Errors can be made by omission and I believe omiƫng this informaƟon is an error that needs to be corrected.
To address #3 and #4a
SUGGESTION ADD AFTER THIS:
“65 speakers were not allowed to speak. City AƩorney Jensen quieted a disrupƟon when a member of the public whose son was not allowed to speak became upset.”
To address #4b
SUGGESTION ADD A SENTENCE AFTER THIS:
“City AƩorney Jensen packed up his bags making it difficult for both the public, Councilmembers and staff to hear .
Nothing was done to stop it.”
Thank you.
Sincerely,
Peggy Griffin
1 Lauren Sapudar
From: Kitty Moore
Sent: Tuesday, September 19, 2023 1:22 PM
To: Kirsten Squarcia; City Clerk
Subject: Written Communications Item 3 Minutes September 19, 2023 Please Pull Dear City Clerk,
I request to pull the September 19, 2023 City Council Consent Agenda Item 3, which is the July 18, 2023 City Council meeƟng minutes and submit the following WriƩen CommunicaƟons edit requests to more completely reflect the meeƟng record.
Please see the
July 18, 2023 page 7, Item 13 MeeƟng Minutes which state:
“Mayor Wei opened the public comment period and the following people spoke. Mayor Wei reduced the time allotted for public comment and allowed for consolidation of time among speakers.”
I have two edit requests shown below:
1. Please have the minutes reflect that 145 people requested to speak and that the total Ɵme alloƩed did not allow dozens of speakers to be heard. Only about 82 individuals were given an opportunity to speak.
To accomplish that, the above quoted minutes could be edited like this:
Mayor Wei opened the public comment period, 145 people requested to speak and the following people spoke. Mayor Wei reduced the total time allotted for public comment to 90 minutes, reduced the speaker time from 3 minutes to one minute, and allowed for consolidati on of time among speakers. The following 82 people were provided time to speak:
2. I would also like the minutes to include and reflect that:
Milind Makwana, a member of the public, spoke without being recognized requesting his son be allowed to speak, because he had not been called on due to the truncated speaker time. Mr. Makwana’s request went unanswered, and he received a warning by staff.
I think it would be appropriate to also adjourn the meeting in remembrance of Milind Makwana, community member and volunteer, who passed away after the conclusion of the July 18, 2023 meeting. I have not seen policy on this process and am including a link from the City of Mill Valley regarding their remembrance adjournment protocol:
http://cityofmillvalley.granicus.com/MetaViewer.php?view_id=&event_id=464&meta_id=45574
Thank you very much for your consideration,
Kitty Moore
2 Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
CC 09-19-2023
#5
Accounts Payable
Written Communications
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Tuesday, September 19, 2023 7:53 AM
To: City Council
Cc: City Clerk
Subject: Re: 2023-09-19 City Council Meeting-Agenda Item5-Please PULL and DO NOT RATIFY 8.11.2023 Attachments: D - Weekly AP Payment Register for the Period Ending 8.11.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.
Dear City Council,
I withdraw my request to pull this item. Mr. Orozco has provided the correct report in the Supplemental Reports and i thank him.
Sincerely,
Peggy Griffin
On Sep 16, 2023, at 3:47 PM, Peggy Griffin <[email protected]> wrote:
PLEASE INCLUDE THIS EMAIL AND ANY ATTACHMENTS AS PART
OF WRITTEN COMMUNICATIONS FOR THE ABOVE CITY
COUNCIL MEETING AGENDA ITEM.
Dear City Council,
I am asking you to please PULL AGENDA ITEM 5‐Accounts Payables so that you can vote NO to ratifying the Accounts Payable for the Period ending August 11, 2023 until this report is replaced with the correctly formatted report.
WRONG FORMAT for FILE “D – Weekly AP Payment Register for the Period Ending 8.11.pdf”
The current report is a reconciliation report and thus is missing quite a lot of information! For example, it is missing:
Invoice date (located under “Date” in the correct format) Invoice number of each invoice that added up to the payment amount. This is an ENORMOUS LOSS of information!
Actual fund the money came out of (located under “Source” in the correct format). Often, the various invoice amounts that add up to the total paid amount come from different funds. Description for what the payment was for
PLEASE have this report replaced with the correct information. If it is not, please DO NOT RATIFY the Accounts Payables for the Period Ending August 11, 2023. I am hoping that this issue can be corrected quickly and this item will not need to
be pulled.
It is reassuring that the accounts are being reconciled and I do appreciate the Staff Report explaining the procedures but this report needs to be corrected. Thank you.
Sincerely,
Peggy Griffin
Number
Date
Status
Void Reason
Reconciled/
Voided Date
Source
Payee Name
Transaction
Amount
Reconciled
Amount
Difference
Main Account - Main Checking Account
Check
733148
08/11/2023
Reconciled
08/18/2023
Accounts Payable
ALHAMBRA
$369.54
$369.54
$0.00
733149
08/11/2023
Reconciled
08/16/2023
Accounts Payable
AT & T
$351.32
$351.32
$0.00
733150
08/11/2023
Reconciled
08/18/2023
Accounts Payable
AT&T
$2,574.10
$2,574.10
$0.00
733151
08/11/2023
Reconciled
08/15/2023
Accounts Payable
CARBONIC SERVICE INC.
$7.25
$7.25
$0.00
733152
08/11/2023
Reconciled
08/17/2023
Accounts Payable
CINTAS CORP
$1,148.89
$1,148.89
$0.00
733153
08/11/2023
Reconciled
08/16/2023
Accounts Payable
County of Santa Clara
$750.00
$750.00
$0.00
733154
08/11/2023
Reconciled
08/16/2023
Accounts Payable
County of Santa Clara -Office of the
Sheriff
$14,564.00
$14,564.00
$0.00
733155
08/11/2023
Reconciled
08/15/2023
Accounts Payable
First Vanguard Rentals & Sales, Inc.
$36,221.18
$36,221.18
$0.00
733156
08/11/2023
Open
Accounts Payable
Growing IQ - California
$1,845.00
733157
08/11/2023
Reconciled
08/16/2023
Accounts Payable
Hexagon Transportation Consultants,
Inc.
$462.00
$462.00
$0.00
733158
08/11/2023
Reconciled
08/18/2023
Accounts Payable
HOME DEPOT CREDIT SERVICES
$3,546.19
$3,546.19
$0.00
733159
08/11/2023
Reconciled
08/18/2023
Accounts Payable
INTERSTATE BATTERY SYSTEM
SAN JOSE INC.
$90.35
$90.35
$0.00
733160
08/11/2023
Open
Accounts Payable
Joint Venture Silicon Valley
$6,600.00
733161
08/11/2023
Reconciled
08/15/2023
Accounts Payable
KELLY-MOORE PAINT CO INC
$1,161.20
$1,161.20
$0.00
733162
08/11/2023
Reconciled
08/15/2023
Accounts Payable
Little Medical School
$2,555.00
$2,555.00
$0.00
733163
08/11/2023
Open
Accounts Payable
Melissa Conaulty
$1,200.00
733164
08/11/2023
Reconciled
08/18/2023
Accounts Payable
One Day Installation and Repairs, Inc
$17,975.00
$17,975.00
$0.00
733165
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$97.95
$97.95
$0.00
733166
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$36,774.89
$36,774.89
$0.00
733167
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$228.11
$228.11
$0.00
733168
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$114.11
$114.11
$0.00
733169
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$23.86
$23.86
$0.00
733170
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$10.10
$10.10
$0.00
733171
08/11/2023
Open
Accounts Payable
Play-Well TEKnologies
$3,500.00
733172
08/11/2023
Reconciled
08/15/2023
Accounts Payable
ROYAL BRASS INCORPORATED -
SAN JOSE
$122.02
$122.02
$0.00
733173
08/11/2023
Reconciled
08/18/2023
Accounts Payable
SAN JOSE WATER COMPANY
$41,648.37
$41,648.37
$0.00
733174
08/11/2023
Open
Accounts Payable
SSB EDUCATION LLC
$10,512.00
733175
08/11/2023
Reconciled
08/22/2023
Accounts Payable
Staples
$150.57
$150.57
$0.00
733176
08/11/2023
Reconciled
08/16/2023
Accounts Payable
SWANK MOTION PICTURES, INC.
$1,920.00
$1,920.00
$0.00
733177
08/11/2023
Reconciled
08/15/2023
Accounts Payable
SYSCO - SAN FRANCISCO
$989.12
$989.12
$0.00
733178
08/11/2023
Reconciled
08/24/2023
Accounts Payable
TELEPATH CORPORATION
$245.53
$245.53
$0.00
733179
08/11/2023
Reconciled
08/15/2023
Accounts Payable
TYMAN Construction
$101,345.60
$101,345.60
$0.00
733180
08/11/2023
Reconciled
08/17/2023
Accounts Payable
United Site Services
$813.98
$813.98
$0.00
733181
08/11/2023
Reconciled
08/15/2023
Accounts Payable
VNH Builders
$29,331.25
$29,331.25
$0.00
733182
08/11/2023
Reconciled
08/21/2023
Accounts Payable
BCCI CONSTRUCTION COMPANY
$410.36
$410.36
$0.00
733183
08/11/2023
Reconciled
08/15/2023
Accounts Payable
BEN MORAN
$2.00
$2.00
$0.00
733184
08/11/2023
Reconciled
08/15/2023
Accounts Payable
BHAGWAT, DEEPAVALI
$5,000.00
$5,000.00
$0.00
733185
08/11/2023
Reconciled
08/15/2023
Accounts Payable
Daniel Diaz
$57.00
$57.00
$0.00
733186
08/11/2023
Open
Accounts Payable
Frank Sedillo
$103.95
733187
08/11/2023
Reconciled
08/16/2023
Accounts Payable
Gaohua Xu
$63.42
$63.42
$0.00
733188
08/11/2023
Reconciled
08/18/2023
Accounts Payable
LIN, CLAUDIA
$5,000.00
$5,000.00
$0.00
733189
08/11/2023
Reconciled
08/15/2023
Accounts Payable
LOCHAB CHARANPAL
$2,703.11
$2,703.11
$0.00
733190
08/11/2023
Reconciled
08/16/2023
Accounts Payable
MEHROTRA, VANDANA
$24.61
$24.61
$0.00
733191
08/11/2023
Reconciled
08/24/2023
Accounts Payable
SUNRUN
$249.01
$249.01
$0.00
Tuesday, September 12, 2023
Pages: 1 of 3
user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 8/5/2023 - To Payment Date: 8/11/2023
Number
Date
Status
Void Reason
Reconciled/
Voided Date
Source
Payee Name
Transaction
Amount
Reconciled
Amount
Difference
733192
08/11/2023
Reconciled
08/24/2023
Accounts Payable
SUNRUN
$276.93
$276.93
$0.00
733193
08/11/2023
Reconciled
08/15/2023
Accounts Payable
TUMAMAO, ESTEPHAN
$25.56
$25.56
$0.00
733194
08/11/2023
Reconciled
08/14/2023
Accounts Payable
Weili Liu
$63.42
$63.42
$0.00
Type Check Totals:
47 Transactions
$333,227.85
$309,466.90
$0.00
EFT
37681
08/07/2023
Reconciled
08/07/2023
Accounts Payable
EMPLOYMENT DEVEL DEPT
$54,575.81
$54,575.81
$0.00
37682
08/07/2023
Reconciled
08/07/2023
Accounts Payable
IRS
$181,838.82
$181,838.82
$0.00
37683
08/10/2023
Reconciled
08/10/2023
Accounts Payable
P E R S
$167,044.21
$167,044.21
$0.00
37684
08/07/2023
Reconciled
08/02/2023
Accounts Payable
SQUARE, INC.
$105.00
$105.00
$0.00
37685
08/11/2023
Reconciled
08/11/2023
Accounts Payable
JOYFUL MELODIES
$1,010.00
$1,010.00
$0.00
37686
08/11/2023
Reconciled
08/11/2023
Accounts Payable
ABAG POWER- ASSOCIATION OF
BAY AREA GOVERNMENTS
$6,460.00
$6,460.00
$0.00
37687
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Aquatic Central
$3,000.00
$3,000.00
$0.00
37688
08/11/2023
Reconciled
08/11/2023
Accounts Payable
B&H PHOTO-VIDEO
$127.86
$127.86
$0.00
37689
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Baker Tilly US, LLP
$402.50
$402.50
$0.00
37690
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Boucher Law, PC
$16,030.50
$16,030.50
$0.00
37691
08/11/2023
Reconciled
08/11/2023
Accounts Payable
CAROL KORADE
$29.13
$29.13
$0.00
37692
08/11/2023
Reconciled
08/11/2023
Accounts Payable
CodeLinkd, LLC
$7,488.00
$7,488.00
$0.00
37693
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Dance Force LLC
$2,912.00
$2,912.00
$0.00
37694
08/11/2023
Reconciled
08/11/2023
Accounts Payable
GOT POWER, INC. DBA CD &
POWER, INC
$6,925.00
$6,925.00
$0.00
37695
08/11/2023
Reconciled
08/11/2023
Accounts Payable
GRACE DUVAL
$176.00
$176.00
$0.00
37696
08/11/2023
Voided
Account Closed
08/23/2023
Accounts Payable
Green Halo Systems
$4,068.00
37697
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Health and Human Resource Center,
Inc.
$287.62
$287.62
$0.00
37698
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Health Care Employees
$29,260.80
$29,260.80
$0.00
37699
08/11/2023
Reconciled
08/11/2023
Accounts Payable
HortScience I Bartlett Consulting
$4,600.00
$4,600.00
$0.00
37700
08/11/2023
Reconciled
08/11/2023
Accounts Payable
IncrediFlix Inc.
$16,306.80
$16,306.80
$0.00
37701
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Independent Code Consultants, Inc.
$19,516.30
$19,516.30
$0.00
37702
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Junior Chef Stars
$6,960.00
$6,960.00
$0.00
37703
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Life Insurance Company of North
America
$8,236.09
$8,236.09
$0.00
37704
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Matrix Consulting Group, Ltd
$4,200.00
$4,200.00
$0.00
37705
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Rise Housing Solutions, Inc
$17,579.00
$17,579.00
$0.00
37706
08/11/2023
Reconciled
08/11/2023
Accounts Payable
South Bay Youth Sports
$15,819.30
$15,819.30
$0.00
37707
08/11/2023
Reconciled
08/11/2023
Accounts Payable
TeamViewer Gmbh
$4,328.58
$4,328.58
$0.00
37708
08/11/2023
Reconciled
08/11/2023
Accounts Payable
TERRYBERRY COMPANY LLC
$207.31
$207.31
$0.00
37709
08/11/2023
Reconciled
08/11/2023
Accounts Payable
THE HARTFORD
$11,725.41
$11,725.41
$0.00
37710
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Thomson Reuters - West
$767.55
$767.55
$0.00
37711
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Vision Service Plan
$4,250.80
$4,250.80
$0.00
37712
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Walter Buenning
$670.00
$670.00
$0.00
37929
08/10/2023
Open
Accounts Payable
California Public Employees'
Retirement System
$391,906.05
Type EFT Totals:
33 Transactions
$988,814.44
$592,840.39
$0.00
Main Account - Main Checking Account Totals
Checks
Status
Count
Transaction Amount
Reconciled Amount
Open
6 $23,760.95
$0.00
Reconciled
41 $309,466.90
$309,466.90
Voided
0 $0.00
$0.00
Stopped
0 $0.00
$0.00
Tuesday, September 12, 2023
Pages: 2 of 3
user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 8/5/2023 - To Payment Date: 8/11/2023
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 47 $333,227.85 $309,466.90
EFTs Status Count Transaction Amount Reconciled Amount
Open 1 $391,906.05 $0.00
Reconciled 31 $592,840.39 $592,840.39
Voided 1 $4,068.00 $0.00
Total 33 $988,814.44 $592,840.39
All Status Count Transaction Amount Reconciled Amount
Open 7 $415,667.00 $0.00
Reconciled 72 $902,307.29 $902,307.29
Voided 1 $4,068.00 $0.00
Stopped 0 $0.00 $0.00
Total 80 $1,322,042.29 $902,307.29
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 6 $23,760.95 $0.00
Reconciled 41 $309,466.90 $309,466.90
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 47 $333,227.85 $309,466.90
EFTs Status Count Transaction Amount Reconciled Amount
Open 1 $391,906.05 $0.00
Reconciled 31 $592,840.39 $592,840.39
Voided 1 $4,068.00 $0.00
Total 33 $988,814.44 $592,840.39
All Status Count Transaction Amount Reconciled Amount
Open 7 $415,667.00 $0.00
Reconciled 72 $902,307.29 $902,307.29
Voided 1 $4,068.00 $0.00
Stopped 0 $0.00 $0.00
Total 80 $1,322,042.29 $902,307.29
Tuesday, September 12, 2023Pages: 3 of 3user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 8/5/2023 - To Payment Date: 8/11/2023
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Saturday, September 16, 2023 3:47 PM
To: City Council
Cc: City Clerk
Subject: 2023-09-19 City Council Meeting-Agenda Item5-Please PULL and DO NOT RATIFY 8.11.2023 Attachments: D - Weekly AP Payment Register for the Period Ending 8.11.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 ANY ATTACHMENTS AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City Council,
I am asking you to please PULL AGENDA ITEM 5‐Accounts Payables so that you can vote NO to raƟfying the Accounts Payable for the Period
ending August 11, 2023 unƟl this report is replaced with the correctly formaƩed report.
WRONG FORMAT for FILE “D – Weekly AP Payment Register for the Period Ending 8.11.pdf”
The current report is a reconciliaƟon report and thus is missing quite a lot of informaƟon! For example, it is missing:
‐ Invoice date (located under “Date” in the correct format) ‐ Invoice number of each invoice that added up to the payment amount. This is an ENORMOUS LOSS of informaƟon!
‐ Actual fund the money came out of (located under “Source” in the correct format). OŌen, the various invoice amounts that add up to the total paid amount come from different funds. ‐ DescripƟon for what the payment was for
PLEASE have this report replaced with the correct informaƟon. If it is not, please DO NOT RATIFY the Accounts Payables for the
Period Ending August 11, 2023. I am hoping that this issue can be corrected quickly and this item will not need to be pulled.
It is reassuring that the accounts are being reconciled and I do appreciate the Staff Report explaining the procedures but this report needs to be corrected.
Thank you.
Sincerely,
Peggy Griffin
Number
Date
Status
Void Reason
Reconciled/
Voided Date
Source
Payee Name
Transaction
Amount
Reconciled
Amount
Difference
Main Account - Main Checking Account
Check
733148
08/11/2023
Reconciled
08/18/2023
Accounts Payable
ALHAMBRA
$369.54
$369.54
$0.00
733149
08/11/2023
Reconciled
08/16/2023
Accounts Payable
AT & T
$351.32
$351.32
$0.00
733150
08/11/2023
Reconciled
08/18/2023
Accounts Payable
AT&T
$2,574.10
$2,574.10
$0.00
733151
08/11/2023
Reconciled
08/15/2023
Accounts Payable
CARBONIC SERVICE INC.
$7.25
$7.25
$0.00
733152
08/11/2023
Reconciled
08/17/2023
Accounts Payable
CINTAS CORP
$1,148.89
$1,148.89
$0.00
733153
08/11/2023
Reconciled
08/16/2023
Accounts Payable
County of Santa Clara
$750.00
$750.00
$0.00
733154
08/11/2023
Reconciled
08/16/2023
Accounts Payable
County of Santa Clara -Office of the
Sheriff
$14,564.00
$14,564.00
$0.00
733155
08/11/2023
Reconciled
08/15/2023
Accounts Payable
First Vanguard Rentals & Sales, Inc.
$36,221.18
$36,221.18
$0.00
733156
08/11/2023
Open
Accounts Payable
Growing IQ - California
$1,845.00
733157
08/11/2023
Reconciled
08/16/2023
Accounts Payable
Hexagon Transportation Consultants,
Inc.
$462.00
$462.00
$0.00
733158
08/11/2023
Reconciled
08/18/2023
Accounts Payable
HOME DEPOT CREDIT SERVICES
$3,546.19
$3,546.19
$0.00
733159
08/11/2023
Reconciled
08/18/2023
Accounts Payable
INTERSTATE BATTERY SYSTEM
SAN JOSE INC.
$90.35
$90.35
$0.00
733160
08/11/2023
Open
Accounts Payable
Joint Venture Silicon Valley
$6,600.00
733161
08/11/2023
Reconciled
08/15/2023
Accounts Payable
KELLY-MOORE PAINT CO INC
$1,161.20
$1,161.20
$0.00
733162
08/11/2023
Reconciled
08/15/2023
Accounts Payable
Little Medical School
$2,555.00
$2,555.00
$0.00
733163
08/11/2023
Open
Accounts Payable
Melissa Conaulty
$1,200.00
733164
08/11/2023
Reconciled
08/18/2023
Accounts Payable
One Day Installation and Repairs, Inc
$17,975.00
$17,975.00
$0.00
733165
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$97.95
$97.95
$0.00
733166
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$36,774.89
$36,774.89
$0.00
733167
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$228.11
$228.11
$0.00
733168
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$114.11
$114.11
$0.00
733169
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$23.86
$23.86
$0.00
733170
08/11/2023
Reconciled
08/16/2023
Accounts Payable
PG&E
$10.10
$10.10
$0.00
733171
08/11/2023
Open
Accounts Payable
Play-Well TEKnologies
$3,500.00
733172
08/11/2023
Reconciled
08/15/2023
Accounts Payable
ROYAL BRASS INCORPORATED -
SAN JOSE
$122.02
$122.02
$0.00
733173
08/11/2023
Reconciled
08/18/2023
Accounts Payable
SAN JOSE WATER COMPANY
$41,648.37
$41,648.37
$0.00
733174
08/11/2023
Open
Accounts Payable
SSB EDUCATION LLC
$10,512.00
733175
08/11/2023
Reconciled
08/22/2023
Accounts Payable
Staples
$150.57
$150.57
$0.00
733176
08/11/2023
Reconciled
08/16/2023
Accounts Payable
SWANK MOTION PICTURES, INC.
$1,920.00
$1,920.00
$0.00
733177
08/11/2023
Reconciled
08/15/2023
Accounts Payable
SYSCO - SAN FRANCISCO
$989.12
$989.12
$0.00
733178
08/11/2023
Reconciled
08/24/2023
Accounts Payable
TELEPATH CORPORATION
$245.53
$245.53
$0.00
733179
08/11/2023
Reconciled
08/15/2023
Accounts Payable
TYMAN Construction
$101,345.60
$101,345.60
$0.00
733180
08/11/2023
Reconciled
08/17/2023
Accounts Payable
United Site Services
$813.98
$813.98
$0.00
733181
08/11/2023
Reconciled
08/15/2023
Accounts Payable
VNH Builders
$29,331.25
$29,331.25
$0.00
733182
08/11/2023
Reconciled
08/21/2023
Accounts Payable
BCCI CONSTRUCTION COMPANY
$410.36
$410.36
$0.00
733183
08/11/2023
Reconciled
08/15/2023
Accounts Payable
BEN MORAN
$2.00
$2.00
$0.00
733184
08/11/2023
Reconciled
08/15/2023
Accounts Payable
BHAGWAT, DEEPAVALI
$5,000.00
$5,000.00
$0.00
733185
08/11/2023
Reconciled
08/15/2023
Accounts Payable
Daniel Diaz
$57.00
$57.00
$0.00
733186
08/11/2023
Open
Accounts Payable
Frank Sedillo
$103.95
733187
08/11/2023
Reconciled
08/16/2023
Accounts Payable
Gaohua Xu
$63.42
$63.42
$0.00
733188
08/11/2023
Reconciled
08/18/2023
Accounts Payable
LIN, CLAUDIA
$5,000.00
$5,000.00
$0.00
733189
08/11/2023
Reconciled
08/15/2023
Accounts Payable
LOCHAB CHARANPAL
$2,703.11
$2,703.11
$0.00
733190
08/11/2023
Reconciled
08/16/2023
Accounts Payable
MEHROTRA, VANDANA
$24.61
$24.61
$0.00
733191
08/11/2023
Reconciled
08/24/2023
Accounts Payable
SUNRUN
$249.01
$249.01
$0.00
Tuesday, September 12, 2023
Pages: 1 of 3
user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 8/5/2023 - To Payment Date: 8/11/2023
Number
Date
Status
Void Reason
Reconciled/
Voided Date
Source
Payee Name
Transaction
Amount
Reconciled
Amount
Difference
733192
08/11/2023
Reconciled
08/24/2023
Accounts Payable
SUNRUN
$276.93
$276.93
$0.00
733193
08/11/2023
Reconciled
08/15/2023
Accounts Payable
TUMAMAO, ESTEPHAN
$25.56
$25.56
$0.00
733194
08/11/2023
Reconciled
08/14/2023
Accounts Payable
Weili Liu
$63.42
$63.42
$0.00
Type Check Totals:
47 Transactions
$333,227.85
$309,466.90
$0.00
EFT
37681
08/07/2023
Reconciled
08/07/2023
Accounts Payable
EMPLOYMENT DEVEL DEPT
$54,575.81
$54,575.81
$0.00
37682
08/07/2023
Reconciled
08/07/2023
Accounts Payable
IRS
$181,838.82
$181,838.82
$0.00
37683
08/10/2023
Reconciled
08/10/2023
Accounts Payable
P E R S
$167,044.21
$167,044.21
$0.00
37684
08/07/2023
Reconciled
08/02/2023
Accounts Payable
SQUARE, INC.
$105.00
$105.00
$0.00
37685
08/11/2023
Reconciled
08/11/2023
Accounts Payable
JOYFUL MELODIES
$1,010.00
$1,010.00
$0.00
37686
08/11/2023
Reconciled
08/11/2023
Accounts Payable
ABAG POWER- ASSOCIATION OF
BAY AREA GOVERNMENTS
$6,460.00
$6,460.00
$0.00
37687
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Aquatic Central
$3,000.00
$3,000.00
$0.00
37688
08/11/2023
Reconciled
08/11/2023
Accounts Payable
B&H PHOTO-VIDEO
$127.86
$127.86
$0.00
37689
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Baker Tilly US, LLP
$402.50
$402.50
$0.00
37690
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Boucher Law, PC
$16,030.50
$16,030.50
$0.00
37691
08/11/2023
Reconciled
08/11/2023
Accounts Payable
CAROL KORADE
$29.13
$29.13
$0.00
37692
08/11/2023
Reconciled
08/11/2023
Accounts Payable
CodeLinkd, LLC
$7,488.00
$7,488.00
$0.00
37693
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Dance Force LLC
$2,912.00
$2,912.00
$0.00
37694
08/11/2023
Reconciled
08/11/2023
Accounts Payable
GOT POWER, INC. DBA CD &
POWER, INC
$6,925.00
$6,925.00
$0.00
37695
08/11/2023
Reconciled
08/11/2023
Accounts Payable
GRACE DUVAL
$176.00
$176.00
$0.00
37696
08/11/2023
Voided
Account Closed
08/23/2023
Accounts Payable
Green Halo Systems
$4,068.00
37697
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Health and Human Resource Center,
Inc.
$287.62
$287.62
$0.00
37698
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Health Care Employees
$29,260.80
$29,260.80
$0.00
37699
08/11/2023
Reconciled
08/11/2023
Accounts Payable
HortScience I Bartlett Consulting
$4,600.00
$4,600.00
$0.00
37700
08/11/2023
Reconciled
08/11/2023
Accounts Payable
IncrediFlix Inc.
$16,306.80
$16,306.80
$0.00
37701
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Independent Code Consultants, Inc.
$19,516.30
$19,516.30
$0.00
37702
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Junior Chef Stars
$6,960.00
$6,960.00
$0.00
37703
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Life Insurance Company of North
America
$8,236.09
$8,236.09
$0.00
37704
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Matrix Consulting Group, Ltd
$4,200.00
$4,200.00
$0.00
37705
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Rise Housing Solutions, Inc
$17,579.00
$17,579.00
$0.00
37706
08/11/2023
Reconciled
08/11/2023
Accounts Payable
South Bay Youth Sports
$15,819.30
$15,819.30
$0.00
37707
08/11/2023
Reconciled
08/11/2023
Accounts Payable
TeamViewer Gmbh
$4,328.58
$4,328.58
$0.00
37708
08/11/2023
Reconciled
08/11/2023
Accounts Payable
TERRYBERRY COMPANY LLC
$207.31
$207.31
$0.00
37709
08/11/2023
Reconciled
08/11/2023
Accounts Payable
THE HARTFORD
$11,725.41
$11,725.41
$0.00
37710
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Thomson Reuters - West
$767.55
$767.55
$0.00
37711
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Vision Service Plan
$4,250.80
$4,250.80
$0.00
37712
08/11/2023
Reconciled
08/11/2023
Accounts Payable
Walter Buenning
$670.00
$670.00
$0.00
37929
08/10/2023
Open
Accounts Payable
California Public Employees'
Retirement System
$391,906.05
Type EFT Totals:
33 Transactions
$988,814.44
$592,840.39
$0.00
Main Account - Main Checking Account Totals
Checks
Status
Count
Transaction Amount
Reconciled Amount
Open
6 $23,760.95
$0.00
Reconciled
41 $309,466.90
$309,466.90
Voided
0 $0.00
$0.00
Stopped
0 $0.00
$0.00
Tuesday, September 12, 2023
Pages: 2 of 3
user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 8/5/2023 - To Payment Date: 8/11/2023
Number Date Status Void Reason
Reconciled/
Voided Date Source Payee Name
Transaction
Amount
Reconciled
Amount Difference
Total 47 $333,227.85 $309,466.90
EFTs Status Count Transaction Amount Reconciled Amount
Open 1 $391,906.05 $0.00
Reconciled 31 $592,840.39 $592,840.39
Voided 1 $4,068.00 $0.00
Total 33 $988,814.44 $592,840.39
All Status Count Transaction Amount Reconciled Amount
Open 7 $415,667.00 $0.00
Reconciled 72 $902,307.29 $902,307.29
Voided 1 $4,068.00 $0.00
Stopped 0 $0.00 $0.00
Total 80 $1,322,042.29 $902,307.29
Grand Totals:
Checks Status Count Transaction Amount Reconciled Amount Open 6 $23,760.95 $0.00
Reconciled 41 $309,466.90 $309,466.90
Voided 0 $0.00 $0.00
Stopped 0 $0.00 $0.00
Total 47 $333,227.85 $309,466.90
EFTs Status Count Transaction Amount Reconciled Amount
Open 1 $391,906.05 $0.00
Reconciled 31 $592,840.39 $592,840.39
Voided 1 $4,068.00 $0.00
Total 33 $988,814.44 $592,840.39
All Status Count Transaction Amount Reconciled Amount
Open 7 $415,667.00 $0.00
Reconciled 72 $902,307.29 $902,307.29
Voided 1 $4,068.00 $0.00
Stopped 0 $0.00 $0.00
Total 80 $1,322,042.29 $902,307.29
Tuesday, September 12, 2023Pages: 3 of 3user: Vi Tran
Payment Register
**LIVE** Cupertino **LIVE**
From Payment Date: 8/5/2023 - To Payment Date: 8/11/2023
1 Lauren Sapudar
From: Griffin <[email protected]>
Sent: Friday, September 15, 2023 9:51 PM
To: Kristina Alfaro; Pamela Wu
Cc: City Council; City Clerk
Subject: 2023-09-19 City Council Mtg - Item5 Accounts Payables for August 2023 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.
PKEASE INCLUDE THIS EMAIL AND ALL ATTACHMENTS IN WRITTEN COMMUNICATIONS FOR THE ABIVE CITY COUNCIL MEETING AGENDA ITEM.
Dear Finance Manager Orozco (please forward to him), Director Alfaro and City Manager Wu,
The accounts payables for week ending 8‐18‐2023 shows a Q1 2023 sales tax sharing payment to Insight Consulting
Services LLC for $292k! There are no payments to BAZ Industries (Apple). In fact, Apple has not received any tax sharing payments in 2023.
Q: Why was Insight paid but BAZ payments withheld?
2 3
4 Sincerely,
Peggy Griffin
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Friday, September 15, 2023 9:08 PM
To: Kristina Alfaro; Pamela Wu
Cc: City Council; City Clerk
Subject: 2023-09-19 City Council Mtg ITEM 5 - Accounts Payables for August 2023 WRONG FORMAT! 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 IN WRITTEN COMMUNICATIONS FOR THIS CITY COUNCIL MEETING AGENDA ITEM.
Dear Finance Manager Orozco (Please forward to him), Directory Alfaro and City Manager Wu,
Attachment D for Accounts Payables for period ending 8/11/2023 (8/5/2023‐8/11/2023) is in the WRONG FORMAT! It does not
show the funds the payments come from. I am sure it was just an oversight. Please correct this before this Tuesday’s City Council meeting.
View
PDF Document ꞏ 145 KB
Thank you.
Sincerely,
Peggy Griffin
CC 09-19-2023
#6
Avolve Software Contract
Written Communications
1 Lauren Sapudar
From: Santosh Rao <[email protected]>
Sent: Tuesday, September 19, 2023 5:42 PM
To: City Council; Pamela Wu; City Clerk
Subject: Please pull consent agenda item 6, 7.
Follow Up Flag: Follow up
Flag Status: Flagged
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 City council,
I request you to kindly pull consent agenda item 6 and 7 for the 09/19/2023 city council meeting.
The 2 items are a double spend where we continue to have to spend to refresh on‐prem hardware (7) while now starting a new spend on SaaS (6).
Avolve is a small 55 person startup.
https://www.linkedin.com/company/avolve‐software/
There is absolutely no guarantee that they remain in business for a 5 year period especially in an economy of tightening liquidity.
The on‐prem license for Avolve is already paid for. With item 7 we are refreshing our on‐prem hardware. Just run the existing Avolve on the new hardware and Spend nothing on item 6. Please do NOT approve item 6.
Please save the city $500k and cancel the spend on the SaaS deployment of Avolve.
Further there should not be a daily maintenance of upgrades on the on‐prem hardware. Backups should be automated.
It is
a gross mis‐representation to combine backups with upgrades and then state there is daily maintenance involved.
Again please do NOT Fund item 6. Please do NOT approve the move to SaaS deployment of Avolve.
Thanks,
Santosh Rao
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Sunday, September 17, 2023 4:38 PM
To: Bill Mitchell; City Council
Cc: City Clerk
Subject: 2023-09-19 City Council Meeting-Agenda Item6 Avolve Software Contract questions 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 ANY ATTACHMENTS AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City Council and Staff,
I have several quesƟons regarding the Avolve SoŌware Contract. Please forward my quesƟons to whomever can answer these quesƟons. Thank
you.
I understand this contract means the City would be changing from an on‐premises soluƟon to a “SoŌware as a Service subscripƟon model” with off‐site storage, backup, etc. I also understand that the annual subscripƟon service will go from $28,000/annually for on‐site to $86,376
discounted/annually for off‐site subscripƟon. (Non‐discounted price is $101,618.)
The City just recently (8/4/2023) paid Avolve SoŌware Corp $28,000 for their on‐site subscripƟon for this next year, 9/15/23‐9/14/2024.
Q1: Will the City get a credit for this payment?
I did not see anything in
the contract addressing this. All I saw was an “Annual Credit for perpetual soŌware trade‐in ‐ $15,242” .
Q2: Will these $28,000/year payments end since we are changing the subscripƟon?
From Accounts Payables for week ending 8.4.2023
From AƩachment A – Avolve SoŌware CorporaƟon SoŌware‐as‐a‐Service Agreement.pdf, page 15 of 74
This change means Avolve will be doing all the backups, hardware maintenance for storage devices, etc. This is a significant amount of work being shiŌed to Avolve instead of the City’s workforce. The cost is approximately 3 Ɵmes what we have been paying.
2 Q3: Will the IT budget be increased to add this item or will the cost/staff needed to do the work in‐house be reduced to compensate for moving off‐site?
Q4: When would this transiƟon occur and will there be any impact to the public? If so, what and when?
Thank you.
Sincerely,
Peggy Griffin
CC 09-19-2023
#9
First Reading Ordinance
CA Health and Safety
Written Communications
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Sunday, September 17, 2023 9:18 PM
To: City Council
Cc: City Clerk; Benjamin Fu
Subject: 2023-09-19 City Council Meeting-Agenda Item 9 - New Law-QProperty Maintenance Requirements 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 ANY ATTACHMENTS AS PART OF WRITTEN COMMUNICATION FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City Council and Staff,
I have quesƟons regarding implementaƟon of this new law:
Q1: How will people report issues? Can they use CuperƟno 311 app?
Q2: Can their reports be anonymous? If not, why?
Q3: How will you noƟfy rental owners and renters that this exists?
Q4: Does it apply to AirBnB units? BMR units?
Thank you.
Sincerely,
Peggy Griffin
CC 09-19-2023
#11
Ethics Policy Update
Written Communications
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Tuesday, September 19, 2023 4:57 PM
To: City Council
Cc: City Clerk
Subject: 2023-09-19 City Council Meeting-Agenda Item 11 Ethics Survey results WITH Comments! Attachments: Ethics Survey Results Expanded WITH comments.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 THE ATTACHMENT AS PART OF WRITTEN COMMUNICATIONS FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City Council,
AƩached are the Ethics Survey Results WITH the comments for your reference.
Sincerely,
Peggy Griffin
2023-09-19 City Council MeeƟng, Agenda Item 11 – Ethics Survey Results WITH COMMENTS!
OTHER RESPONSES (21 comments + 10 = 31 comments)
OTHER RESPONSES (9 comments + 4 comments = 13 comments)
OTHER RESPONSES (6 comments + 2 comments = 8 comments)
OTHER RESPONSES (4 comments + 1 comment)
OTHER RESPONSES (7 comments + 2 comments = 9 comments)
OTHER RESPONSES (14 comments + 3 comments = 17 comments)
OTHER RESPONSES (10 comments + 4 comments = 14 comments)
OTHER RESPONSES (10 comments + 7 comments)
OTHER RESPONSES (15 comments + 5 comments = 20 comments)
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Tuesday, September 19, 2023 2:43 PM
To: City Council
Cc: City Clerk
Subject: 2023-09-19 City Council Meeting-Agenda Item11-Ethics Policy-Transparency and Conflicts with Organizations and Employers
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 AS PART OF WRITTEN COMMUNICATION FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City Council,
As a member of the public, I want my City Councilmembers to be unbiased, listen to public input with an open mind.
That said, I am concerned about the appearances
of a conflict of interest whether it meets the strict criteria of the legal definiƟon or not.
ORGANIZATION CONFLICTS
If a Councilmember has been on the board of an organizaƟon within the last 12 months, their connecƟons and knowledge are very fresh. Also, the organizaƟon may sƟll be working on “projects” that the Councilmember may have parƟcipated in. For this reason, I think having been a board member of an organizaƟon within the last 12 months should be considered a “conflict of interest” and the Councilmember should not be involved in decisions related to that organizaƟon.
SUGGESTION1:
Add a requirement that any Councilmember who has been on the board of an organizaƟon within the last 12 months should declare it and recuse themselves from any Council acƟons/decisions/closed sessions associated with that organizaƟon.
SUGGESSTION2:
If a Councilmember has been on the board of an organizaƟon within the last 5 years, the Councilmember must declare this at the beginning of the agenda item.
EMPLOYMENT CONFLICTS
OŌen, Councilmembers have “day jobs” . More and more, these jobs can touch upon topics/issues that are City of CuperƟno concerns. Examples of possible employment conflicts:
‐ A Councilmember represented or is represenƟng a company/organizaƟon within the last year/5 years. ‐ A Councilmember is employed by another city and is assigned on commissions where both CuperƟno and their employer (other city) have a say. The interest of CuperƟno may not be in line with the interests of their employer . Whose “hat” will they wear?
SUGGESTION3:
Councilmembers who are employed by other ciƟes should not be on commiƩees or commissions that involve both ciƟes.
They should always announce their employment vs who they represent.
They should recuse themselves from parƟcipaƟng in agenda items that have the potenƟal to impact both ciƟes. 2 We want to know that our elected representaƟves are represenƟng CuperƟno first and always. Being more transparent is a good thing and builds trust.
Sincerely,
Peggy Griffin
1 Lauren Sapudar
From: Donna austin <[email protected]>
Sent: Tuesday, September 19, 2023 1:00 PM
To: City Clerk
Subject: Fwd: City Council Meeting tonight 9/19/23 Agenda Item 11 Code of ethics Attachments: letter Code of Ethics.docx
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.
Sent from my iPhone
Begin forwarded message:
From: Donna austin <[email protected]>
Date: September 19, 2023 at 12:59:06 PM PDT
To: [email protected]
Subject: Fwd: City Council Meeting tonight 9/19/23 Agenda Item 11 Code of ethics
Sent from my iPhone
Begin forwarded message:
From: Donna austin <[email protected]>
Date: September 19, 2023 at
12:57:48 PM PDT
To: Hung Wei <[email protected]>
Subject: Fwd: City Council Meeting tonight 9/19/23 Agenda Item 11 Code of ethics
Sent from my iPhone
Begin forwarded message:
From: Donna Austin <[email protected]>
Date: September 19, 2023 at 12:42:01 PM PDT
To: Kirsten Squarcia <[email protected]>, [email protected], Sheila Mohan <[email protected]>, [email protected], [email protected], [email protected], Pamela Wu <[email protected]>
Cc: Donna austin <[email protected]>
Subject: City Council Meeting tonight 9/19/23 Agenda Item 11 Code of ethics
To Kirsten Squarcia: Please distribute to city council, city manager and city attorney and please read. I have attached the letter and I’ve copied it to this e‐mail. Thank you,
Donna Austin
2 To: Mayor Hung Wei, Vice-Mayor Sheila Mohan, and council Members:
Liang Ciao, Kitty Moore, and J.R. Fruen. City Manager: Pamela Wu
I urge the Cupertino City Council to accept the staff's recommendation and to direct the city attorney to revise the City of Cupertino Ethics Policy to incorporate the provisions of the 2018 City's ethic's code as amended to ensure consistency with the Council's procedures manual.
The citizens of Cupertino are entitled to responsible, fair, and honest local government guided by a strong Code of Ethics! Elected officials, officers, employees, members of committees, and volunteers, are stewards of the community and should comply with the laws of the nation, the state and the city. They should perform their duties with Integrity and respect for one another, staff and the public. Their actions should be done with:
Objectivity.
Professional Competence
Confidentiality and
Professional Behavior.
This Code will inspire public trust in our officers’ ethical behavior and will be a model for the community.
Donna Austin
22283 N. De Anza Circle
Cupertino, CA 95014
408-499-9031
[email protected]
Sent from Mail for Windows
To: Mayor Hung Wei, Vice-Mayor Sheila Mohan, and council Members: Liang Ciao, Kitty Moore, and J.R. Fruen.
I urge the Cupertino city council to accept the staff's recommendation and to direct the city attorney to revise the City of Cupertino Ethics Policy to incorporate the provisions of the 2018 City's ethic's code as amended to ensure consistency with the Council's procedures manual.
The citizens of Cupertino are entitled to responsible, fair, and honest local government guided by a strong Code of Ethics! Elected officials, officers, employees, members of committees, and volunteers, are stewards of the community and should comply with the laws of the nation, the state and the city. They should perform their duties with Integrity and respect for one another, staff and the public. Their actions should be done with:
Objectivity.
Professional Competence
Confidentiality and
Professional Behavior.
This Code will inspire public trust in our officers’ ethical behavior and will be a model for the community.
Donna Austin
22283 N. De Anza Circle
Cupertino, CA 95014
408-499-9031
[email protected]
1 Lauren Sapudar
From: Kitty Moore
Sent: Tuesday, September 19, 2023 11:36 AM
To: Kirsten Squarcia; City Clerk
Subject: September 19 Agenda Item 11 Written Communications Attachments: San Jose Council Conduct Policy.pdf; Council Policy Manual Policy Process.pdf Dear City Clerk,
Please include these two aƩachments for Item 11:
1. San Jose Council Conduct Policy
a. Provides definiƟons for AdmoniƟon, SancƟon, and Censure. i. AdmoniƟon is similar to a warning and does not necessarily have an invesƟgaƟon to determine if an
allegaƟon is true
ii. SancƟon, allows the Councilmember to respond to the allegaƟon and it is not a punishment or discipline
iii. Censure is the most serious. It is an official statement by the Council and is puniƟve, but it carries no fine or suspension of the rights of the member as an elected official. iv. “…the City Council shall not impose censure on any of its members for the exercise of his or her first Amendment rights…”
2. Council Policy Manual – City of San Jose
a. This is a brief policy for making policies and who is allowed to change them.
Thank you,
KiƩy Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
COUNCIL POLICY
TITLE COUNCIL CONDUCT POLICY PAGE
1 of 4
POLICY NUMBER
0-28
EFFECTIVE DATE November 8, 1994 REVISED DATE November 30, 2004 APPROVED BY COUNCIL ACTION 11/08/94 Item 9(C)
PURPOSE
This Policy applies only to the Mayor and City Council members, and amends and supersedes the original City Council Policy 0-28, the Censure Policy .
GUIDING PRINCIPLES
It is the Policy of the City Council that all of its members shall abide by federal and state law , City ordinances and City policies, including the Code of Ethics. Violation of such law or policy tends to injure the good name of the City and to undermine the effectiveness of the City Council as a whole.
Depending on the circumstances of alleged violations of law or policy , the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy .
Nothing in this policy shall preclude individual Councilmembers from making public statements regarding such alleged conduct.
Considerations
In deciding whether or not to open an investigation, Council should consider:
• whether an investigation may compromise investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Councilmember to a fair jury trial may be compromised by proceeding with an investigation; • if persons involved in the allegations may choose to exercise their constitutional right against self-incrimination, which may limit the investigation's ability to present a full picture of alleged events; • how to ensure that it ensures protection of the rights of those accused of violations of law or policy , those making such accusations, and those who have information regarding the accusations.
At any point during any of the processes described in this policy , the Council may refer the matter , as appropriate, to the Santa Clara County District Attorney or to the San José Elections Commission for investigation. Following such a referral, the Council may proceed with any actions it chooses to undertake under the provisions of this policy .
While the Council has broad discretion in deciding actions it may choose to take in response to violations of law or policy , this policy provides definitions and procedures related to three types of action: admonition, sanction, and censure.
DEFINITIONS
Admonition
This is the least severe form of action. An admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of law or City policy , and that, if it occurs City of San José, California
or is found to have occurred, could make a member subject to sanction or censure. An admonition may be issued in response to a particular alleged action or actions, although it would not necessarily have to be triggered by such allegations. An admonition may be issued by the City Council prior to any findings of fact regarding allegations, and because it is a warning or reminder , would not necessarily require an investigation or separate hearings to determine whether the allegation is true Sanction
This is the next most severe form of action. Sanction should be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of law or City policy , but is considered by the Council to be not sufficiently serious to require censure. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon Council's review and consideration of a written allegation of a policy violation. The member accused of such violation will have an opportunity to provide a written response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not necessarily require an investigation or separate hearings.
Censure
Censure is the most severe form of action contemplated in this policy . Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing, but it carries no fine or suspension of the rights of the member as an elected official. Censure should be used for cases in which the Council determines that the violation of law or policy is a serious offense.
In order to protect the overriding principle of freedom of speech, the City Council shall not impose censure on any of its members for the exercise of his or her First Amendment rights, no matter how distasteful the expression was to the Council and the City . However , nothing herein shall be construed to prohibit the City Council from collectively condemning and expressing their strong disapprobation of such remarks.
PROCEDURES
Investigation
1. Any member of the City Council may submit, in writing, an allegation concerning a violation of law or policy to the Rules Committee.
2. The Rules Committee shall determine whether to forward a recommendation to conduct an investigation to the full Council for consideration as part of the Rules Committee report agenda item at the appropriate subsequent Council meeting. Part of the determination should include allowing the Councilmember who is the subject of the allegation the opportunity to address the allegation in writing or by appearing at the Rules Committee meeting at which the allegation is discussed.
3. If the Council determines, by majority vote, that:
a. An investigation is warranted, it may designate a standing or special committee or one of its members, including the Mayor , to conduct the investigation. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the committee or individual designated by Council to conduct the investigation. b. An investigation is not warranted, an individual Councilmember is not precluded from submitting a request for admonition, sanction, or censure in accordance with the provisions of this policy .
4. In the course of the investigation, the individual or committee designated to manage it must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness' testimony , consistent with its subpoena power granted under the City Charter .
TITLE COUNCIL CONDUCT POLICY PAGE
2 of 4
POLICY NUMBER
0-28
5. At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results, any individual Council member may file a request for admonition, sanction, or censure.
Admonition
1. A request for an admonition must be submitted to the Rules Committee in writing by a member of the Council. The request should contain the specific language of the proposed admonition.
2. The Rules Committee shall determine whether to forward the proposed admonition to the full Council for consideration as part of the Rules Committee report agenda item at the appropriate subsequent Council meeting.
3. An admonition can be approved by a majority vote of the Council.
Sanction
1. A request for sanction must be submitted to the Rules Committee in writing by a member of the Council.
The request should contain specific allegations of conduct in violation of federal or state law , City ordinances, and City policies, including the Code of Ethics.
2. A copy of the request for sanction shall be provided to the Council Member accused of the conduct by personal service at least twenty-four (24) hours prior to the Rules Committee meeting at which it will be considered.
3. The Rules Committee shall determine that either:
a. The proposed sanction should be forwarded to the City Council for consideration as part of the Rules Committee report agenda item at the appropriate subsequent Council meeting; or b. An admonition, rather than sanction, should be recommended to the City Council for consideration; or c. No action is required.
4. This determination is subject to confirmation by the City Council as part of the Rules Committee report at the next Council meeting.
5. A sanction is based on the Council's review of the written record and of the information provided as part of the public hearing of the issue as part of the Council meeting. A sanction action must be approved by a majority vote of the Council.
Censure
1. A request for a censure hearing must be submitted to the Rules Committee in writing by a member of the Council. The request must contain the specific allegations of conduct in violation of federal or state law , City ordinances, and City policies, including the Code of Ethics, upon which the proposed censure is based.
2. A copy of the request for censure and the charges shall be served on the Council Member accused of the conduct by personal service at least twenty-four (24) hours prior to the Rules Committee meeting at which it will be considered.
3. The Rules Committee shall determine that either:
a. Further investigation of the charges is required; or b. The matter is to be set for a separate public hearing; or c. The recommended level of action is admonition or sanction, rather than censure; or d. No action is required.
4. This determination is subject to confirmation by the City Council as part of the Rules Committee report at the next Council meeting.
TITLE COUNCIL CONDUCT POLICY PAGE
3 of 4
POLICY NUMBER
0-28
5. Depending on the determination of the Rules Committee and the confirmation of the City Council; a. If further investigation is required, it shall be done by an ad hoc committee appointed by the Mayor . If the Mayor is the subject of the charges, the committee shall be appointed by the Vice Mayor .
The following guidelines apply to ad hoc committee investigations:
i) The committee may be staffed by administrative and legal staff. ii) If authorized by City Council, the committee may subpoena witnesses and documents. iii) In making a determination, the committee should determine if taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred.
iv) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.
b. If a separate public hearing is set, it must be set far enough in advance to give the member of Council subject to the charges adequate time to prepare a defense, and that member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The member subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor , or Vice Mayor if the Mayor is the subject of the charges, would preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
6. A decision to censure requires the adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence, and approved by a two-thirds vote of the Council.
TITLE COUNCIL CONDUCT POLICY PAGE
4 of 4
POLICY NUMBER
0-28
COUNCIL POLICY
TITLE COUNCIL POLICY MANUAL PAGE
1 of 2
POLICY NUMBER
0-1
EFFECTIVE DATE August 3, 1970 REVISED DATE October 31, 2006 APPROVED BY COUNCIL ACTION 10/31/06 Item 3.2(I)
BACKGROUND
The San José City Council is charged with the responsibility of establishing municipal policies to guide the various functions of the City . Regulatory policies established by the City Council are adopted by ordinance and included in the Municipal Code; however , other policies are established, which by their nature, do not require adoption by ordinance. These applicable policy statements adopted by action of the City Council need to be consolidated in a reference document for easy access.
GUIDING PRINCIPLES
1. Government transparency and accessibility
2. Clarity in policies, practices and procedures
3. Government accountability
PURPOSE
The purpose of this policy is to:
1. Clearly state and compile policies of the City Council covered by ordinances, resolutions, or other Council actions.
2. Establish clear processes and procedures by which the City Council and Organization shall conduct City business and activities; propose new policies; and review and revise policies contained in the "Council Policy Manual" so that it is kept current.
3. Establish procedures for the preparation, codification, distribution, and maintenance of Council policies and the "Council Policy Manual."
4. Provide for the availability of these policies to the public.
POLICY
1. There is hereby established a "Council Policy Manual" which will contain all City policy statements adopted by resolution of the City Council.
2. Generally , policy statements in this "Council Policy Manual" will incorporate only such municipal matters by which the responsibility of decision is vested in the City Council by virtue of the City Charter , Municipal Code, or specific ordinances and resolutions.
3. Policy statements of the City Council shall be prepared in writing and approved by action of the City Council. Once approved, statements of policy will be reproduced, distributed, and included in the "Council Policy Manual" accompanied by resolution number and date of adoption, if applicable.
City of San José, California
4. Unless otherwise stated in a policy , the waiver of a provision of a Council policy requires six votes of the City Council or when authority is granted to the City Manager or other Council Appointee if so noted in the actual policy . Additionally , the request to waive a policy , or provision of a policy , by the City Council must be clearly delineated on the City Council Agenda, such as:
Recommendation:
(a) Approval to consider the recommendation to waive a provision of Policy XXX pursuant to Policy 0-1, Council Policy Manual.
(b) Staff's recommendation.
5. Each policy statement shall include: a) a brief background description of the problem, b) the purpose of the policy , c) the policy statements, and d) other criteria or procedural sections as required.
6. The Office of the City Clerk shall be responsible for the preparation and continuing maintenance, of the "Council Policy Manual".
7. The "Council Policy Manual" shall be made available to the public via the City's internet website and a hard copy maintained in the Office of the City Clerk available for public reference.
PROCEDURE
1. Drafts of proposed Council policies and proposed amendments to existing policies shall be referred to the City Manager for review , evaluation, and reporting to the City Council.
2. The City Manager has the authority to make amendments, on as needed basis and at least bi-annually , and such amendments shall be limited to:
• Updates to the T able of Contents
• Nouns/pronouns that do not change the essence of the Policy rather result in "clean up" of the Policy (i.e., easier to read)
• Administrative/Procedural changes to implement a Policy that do not change the essence of the Policy , rather result in efficiencies, cost savings, improved customer service.
The City Manager is not authorized to change legal and/or policy principles.
3. Such drafts may be referred by the Rules Committee or City Council to a Council Committee for discussion, analysis, and recommendation.
4. The City Clerk shall be responsible for the assignment of tentative and final policy numbers and the Administration is responsible for titles to a proposed policy draft.
5. After official adoption by the City Council, the City Clerk shall be responsible for final preparation, codification and distribution of the statement of policy .
6. Annually the Office of the City Clerk and City Manager shall review the T able of Contents and Cross-Reference in the "Council Policy Manual" for needed additions, changes, deletions deemed appropriate. Nothing in this policy shall prevent any individual member of the Council, City Manager , or City Attorney from suggesting revisions or new policies to the Council Policy Manual at other times during the year .
TITLE COUNCIL POLICY MANUAL PAGE
2 of 2
POLICY NUMBER
0-1
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Sunday, September 17, 2023 9:09 PM
To: City Council
Cc: City Clerk; Christopher Jensen
Subject: 2023-09-19 City Council Meeting-Agenda Item11-Ethics Policy Revision SUGGESTIONS 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 ANY ATTACHMENTS AS PART OF WRITTEN COMMUNICATION FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City Council,
It appears you will start with the 2018 Ethics Policy which was passed AFTER the 2018 elecƟon by Councilmembers that lost the re‐elecƟon bid
thus enacƟng policies that would not apply to them at all! That said…based on this probable starƟng point, I suggest the following addiƟons/changes:
SUMMARY OF MY SUGGESTIONS:
This Ethics Policy should apply to everyone, all staff included. Training is criƟcal and needs to be done BEFORE people are allowed to parƟcipate, especially newly elected/appointed/hired people.
Form 700 submiƩed annually by a date or can’t parƟcipate because there may be a conflict of interest. Campaign endorsements should not specify a City or Council Ɵtle. It is a personal endorsement not supported by the City.
The Mayor should not be the sole decision for starƟng an invesƟgaƟon. It uses public funds and staff Ɵme so it should be discussed in public and voted on by Council in public!
SUGGESTION1:
It should apply to City Councilmembers, Commissioners and ALL staff, too! At minimum, it should apply to all senior staff (define it).
The 2018 version only applies to selected staff (City Manager, City AƩorney, Treasurer and City Clerk). It does not include Assistant City Managers, Department Heads, Directors, Assistant City Directors, Managers, Senior staff which is very important to have a balanced policy with everyone playing by the same rules.
SUGGESTION2:
Training…is criƟcal before people start to parƟcipate!
Training BEFORE officials/commissioners take office
‐ Rosenberg’s Rules of Order
‐ Brown Act
‐ Give them take‐home reference material.
Training YEARLY for all Councilmembers, Commissioners and Staff ‐ Brown Act
o It does change.
o ParƟcularly serial communicaƟons Dos and Don’ts with examples. (54952.1, 54952.2) 2 o AƩending a commiƩee meeƟng as a non‐member (54052.2(c)(6)) o If teleconferencing, announcing if anyone is in the room with you o Public comments and responding to them (54954)
‐ Open MeeƟng
‐ Form 700 submiƩal by a due date.
SUGGESTION3:
“When Councilmembers and Commissioners endorse candidates, they should NOT USE their Ɵtles. “ This also applies to staff. Staff endorsements are not wise, parƟcularly if those they endorse loose.
SUGGESTION4:
“Staff should not alter the City Council policies and prioriƟes without authorizaƟon from City Council.”
SUGGESTION4:
“Staff should not use their Ɵtles if giving support.”
SUGGESTION5:
I believe this conflicts with the Brown Act, Gov Code 54952.2(c)(6) Councilmembers can aƩend but only as observers. They can’t speak.
SUGGESTION6:
“Commission members volunteer their Ɵme and effort to serve our community. Staff and Council should allow them to perform their assigned duƟes on a regular basis.”
SUGGESTION7:
Commission and Council member Ɵtles should not be used.
SUGGESTION8:
Sincerely,
Peggy Griffin
1 Lauren Sapudar
From: Peggy Griffin <[email protected]>
Sent: Sunday, September 17, 2023 5:05 PM
To: Christopher Jensen; City Council
Cc: City Clerk
Subject: 2023-09-19 City Council Meeting-Agenda Item11-Ethics Policy Survey REQUEST 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 ANY ATTACHMENTS AS PART OF WRITTEN COMMUNICATION FOR THE ABOVE CITY COUNCIL MEETING AGENDA ITEM.
Dear City AƩorney Jensen, City Council and Staff,
There are quite a few “Other” responses totaling 130 yet they are buried in 70 pages of individual responses rather than
lisƟng them in the summary under each quesƟon. Normally, all the “other” responses are normally shown with each quesƟon summary . Hiding these comments in 70 pages of other quesƟons means you do not get a true picture of what the survey may have been missing.
Count of “Other” responses:
Q1 = 31
Q2 = 13
Q3 = 8
Q4 = 5
Q5 = 9
Q6 = 17
Q7 = 10
Q8 = 17
Q9 = 20
REQUEST: Please pull out all the “Other” responses for each quesƟon and list them together or in the summary for each
quesƟon.
Thank you.
Sincerely,
Peggy Griffin
CC 09-19-2023
#13
Monthly Treasurer's Report
for August 2023
Written Communications
1 Lauren Sapudar
From: Kirsten Squarcia
Sent: Tuesday, September 19, 2023 9:21 AM
To: Kitty Moore
Cc: City Clerk
Subject: RE: Written Communications Item 13 questions
Good morning Councilmember Moore, your comments have been received for the September 19, 2023 City Council meeting and will be included with the Written Communications for Item 13. Regards, Kirsten
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Kitty Moore <[email protected]>
Sent: Monday, September 18, 2023 6:29 PM
To: Kirsten Squarcia <[email protected]>
Subject: Written Communications Item 13 questions
Dear City Clerk,
Please include the following quesƟons I have sent to the City Manager in WriƩen CommunicaƟons for Item 13, September 19, 2023.
My requests below are to clarify the Treasurer is signing off on these reports (add a signature block like /Treasurer or similar) and
I have a quesƟon on whether we have followed the appointment process.
Item 13: The report in the packet does not indicate that it is from the City Treasurer. While the Municipal Code does indicate the head of AdministraƟve Services is the Treasurer, it would be more clear to have the report indicate that it is
the Treasurer’s Report. Also, would someone please tell me where the Treasurer appointment authority is, I cannot find it, under 2.48.020 (A)(b)(3) it states “shall be appointed Treasurer” but does not say by whom. Who appoints the Treasurer and where is that indicated? It isn’t very clear that Council has not retained the appointment authority it originally held and it may need to be recognized.
2.48.020 Departments and Divisions.
The following departments are established:
A. Department of Administrative Services.
1. This department shall consist of the following divisions:
a. Finance Division. This division shall be responsible for the day-to-day processing of fiscal records, the preparation of financial statements and the annual operating budget, the compilation of fiscal data from which a capital improvements budget may be constructed, and the preparation of other statistical and fiscal analysis.
CC 09-19-2023
#14
Monthly Treasurer's
Investment Report for
August 2023
Written Communications
2 b. Human Resources Division. This division shall be responsible for code enforcement, personnel, disaster preparedness, risk management and special projects.
2. The Director of Administrative Services shall be head of this department, the Finance Officer being responsible for the activities within the Finance Division, and the Personnel Officer being responsible for activities within the Human Resources Division.
3. The Director of Administrative Services also shall be appointed Treasurer and also shall act as ex officio Assessor and shall assess and collect all City taxes save and except for those collected by State and County officers for the City.
This last quesƟon on item 13 is regarding a potenƟal conflict of interest or maybe a lack of separaƟon of duƟes, because the Treasurer IS the head of AdministraƟve Services, this needs an explanaƟon for how this following bit of code works in pracƟce because on the surface it sounds like there are two people involved, but it is the Treasurer who is also the Director of AdministraƟve Services:
2.24.020 Payment Procedure.
The Treasurer shall pay out all moneys owed by the City including obligations incurred by improvement bonds thereof on certification of the Director of Administrative Services that such are due and owing.
What do you think the wording indicates? Should we want to change it somehow, and if so, how?
Thank you,
KiƩy Moore
Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389
1 Lauren Sapudar
From: Kirsten Squarcia
Sent: Tuesday, September 19, 2023 9:22 AM
To: Kitty Moore
Cc: City Clerk
Subject: RE: Agenda Item 14 Written Communications
Good morning Councilmember Moore, your comments have been received for the September 19, 2023 City Council meeƟng and will be included with the WriƩen CommunicaƟons for Item 13. Regards, Kirsten
Kirsten Squarcia
City Clerk
City Manager's Office
[email protected]
(408) 777-3225
From: Kitty Moore <[email protected]>
Sent: Monday, September 18, 2023 6:31 PM
To: Kirsten Squarcia <[email protected]>
Subject: Agenda Item 14 Written Communications
Dear City Clerk,
Please include the following quesƟon which I have sent to the City Manager for item 14, September 19, 2023:
Item 14: This item is an account statement by Chandler
and there is no menƟon of the City Treasurer which is per the CMC. Would the Treasurer want to sign this per the CMC? What do you think?
2.24.050 Investment Authority.
Pursuant to authority granted by state statutes, there is hereby delegated to the Treasurer the authority to invest or to reinvest funds of the City, or to sell or exchange securities so purchased, and who shall thereafter assume full responsibility for such transactions until such time as the delegation of authority is revoked. The Treasurer shall make a monthly report of all such transactions to the members of the City Council, the City Manager and also make it available for review by such other persons who may so request. (Ord. 650, (part), 1974)
Thank you,
KiƩy Moore
2 Kitty Moore
Councilmember
City Council
[email protected]
(408) 777-1389