Year: 2023

  • Memorial Park Updates: Renovation, Timeline, and What to Expect Next

    Memorial Park Updates: Renovation, Timeline, and What to Expect Next

    After a year of research and community outreach, plans for a revitalized Memorial Park are moving closer to completion. The new design will provide recreational opportunities for all ages and abilities, improve upon dated facilities, and increase connectivity with more bikeways and walkways.

    What’s Changing

    Many of the park’s new features will occupy space that is currently not in use. The plan would turn many areas of empty lawn or plants into a multi-age playground and nature play area, additional picnic areas, upgraded bathrooms, a passive garden walk, and a bocce court. It would also include more bike paths and walkways throughout the park.

    What’s Staying the Same

    Some of the park’s most prominent features will remain unchanged. These include the Veteran’s Memorial, tennis courts, main event lawn, amphitheater and stage (with upgrades), gazebo picnic area, and Quinlan Community Center & Senior Center.


    Source: Memorial Park Preferred Draft Concept, Presented 6/21/23

    Next Steps

    In order to move forward, the Cupertino City Council must approve the final Memorial Park plan. While most of the park plan put forth by city staff appears to have council support, one controversial feature generated much debate during the June 21st City Council meeting: the proposed elimination of the softball field. 

    Reasons for keeping the softball field:

    1. High usage from at least 16 teams per week, including the Cupertino Girls Softball League and senior groups

    2. Desirability of Memorial Park softball facilities versus neighboring fields (has lighting for nighttime games, a larger size appropriate for adult slow-pitch softball, and home run fencing)

    3. Positive revenue impact for Cupertino from players who frequent its businesses before and after games, and pay fees to the City

    4. Cost savings for Cupertino due to reduced scope of construction

    Source: EngageCupertino.org

    Reasons for eliminating the softball field: 

    1. Community feedback. In the initial survey, respondents ranked the softball field as their least favorite feature of the park. However, via public comments during the June 21st council meeting, residents argued that not enough people had taken the survey to make it representative, and that the nature of the survey questions was flawed.

    2. Freeing up space for other features, such as basketball and pickleball courts

    After hearing public comments, the Council voted to have staff present a schematic plan including the softball field. Councilmember Kitty Moore suggested piloting a DOLA in the current softball field, since it is already unofficially frequented by many dog owners. This would help address the need for a DOLA in Memorial Park, and ensure it is kept in the final park plan even if the softball field is kept. Others suggested having fewer new parking spaces or decreasing event lawn space (formerly the drained ponds) in order to make way for the basketball and pickleball courts.

    When can we expect Memorial Park renovations to begin?

    During the June 21st meeting, City Manager Pamela Wu stated that we can expect construction to begin “as early as two years from today”. This would mean mid- to late 2025. However, significant changes to the plan would result in delays. The revised schematic plan is expected to be presented in a December 2023 or January 2024 City Council meeting. 

    How much will the Memorial Park renovations cost?

    While cost estimates have not been provided, one should expect such a large-scale renovation to cost significantly more than the Jollyman Park playground renovation, which will cost about $5M for a much smaller footprint. The only portion of the project that has been funded is the design phase, with a $650,000 budget. Given that Cupertino is currently in a budget deficit and is cutting events and services, it remains to be seen how the city will fund such a large-scale park reconstruction. 

    “The City is facing a very tight budget now, so I hope that staff can come back with a more economical version of the plan,” stated Council Member Liang Chao during the June 21st meeting. “This has been done before. Usually in the first round, people propose a lot of ideas, and it’s very costly. Then usually we will come back with a more realistic and economical plan. That has happened for the Stevens Creek Corridor before, that has happened with the City Hall.”

    Chao also questioned whether such a large-scale reconstruction was necessary. “We tried to pack in a lot of stuff in the proposed plan, but we don’t have just one park, we have many parks. Many of these nice features, even if they don’t get implemented in Memorial Park, they can get implemented in other parks in the city,” said Chao. For example, instead of replacing the highly-demanded softball field with basketball courts, residents could use the brand new basketball courts at Wilson Park.

    “We spent $1.7M filling in the ponds and replacing them with grass,” said Chao during the meeting. “We should be in no rush to make a decision.”

    Learn more about the Memorial Park specific plan here.

  • Simple Explanation of RHNA and Housing Mandates

    By Amy Kalish
    Marin Post & Citizen Marin

    https://marinpost.org/blog/2023/6/10/rhna-and-housing-mandates-made-easy

    WHAT IS RHNA?

    RHNA is the Regional Housing Needs Assessment — the number of housing units (a place for at least one person to live) assigned to an area by the state. This happens in eight-year housing cycles, and the allocation numbers are determined by the California Department of Housing and Community Development (HCD).

    WHERE DOES IT COME FROM?

    The total number is supposed to represent California’s current and projected housing needs over the next eight years. This is the 6th RHNA cycle, covering 2023-2031. The HCD says California is short 2.5 million housing units. (Walked back from Governor Newsom’s unsubstantiated campaign assertion of 3.5 million). The numbers have been questioned. 

    Note from Cupertino Facts: In the 6th Cycle Housing Element update (2023-2031), Cupertino must plan for 4,588 new housing units.

    DID RHNA FAIL AN AUDIT?

    Yes. The 2.5-million-unit requirement was not in line with projected population growth even before the pandemic. An emergency state audit was requested. The result of the audit: The California State Auditor found that the numbers were not reliable or reproducible, and the methodology was opaque. All documentation is available at citizenmarin.org on the AUDIT page. The audit result was ignored by HCD, and the 2.5 million wasn’t adjusted. It was chunked out into regions. Ours — the Bay Area — was assigned 441,000 new units to be distributed over each city and the unincorporated area.

    IS THIS HOUSING CYCLE DIFFERENT?

    Yes. The 6th cycle is NOT like other cycles. The numbers are huge. For example, Marin County’s total RHNA went from 2,298 (5th Cycle) to 14,405 (6th Cycle). 

    DID CITIES APPEAL?

    Yes. Cities were shocked by the huge rise in their RHNA, and many across the state appealed based on “changed conditions” including drought, fire, lack of evacuation access, flood zones and other hazards, infrastructure issues, lack of buildable land, environmental concerns, etc. All appeals were denied without comment. 

    WHAT IS A HOUSING ELEMENT?

    Each locality, by law, must create a Housing Element plan and document showing where the RHNA units can be accommodated and submit it to the state for approval. In the past, these reports were not too difficult to create and were done by in-house staff. This cycle, the numbers were so overwhelming, and the Housing Element added so many new required reports, that cities had to hire consultants to write them. This has been taking time and energy away from our city governments for a couple of years now.

    WHO BUILDS THE HOUSING?

    Except for a few affordable projects that are built on donated city/county land with a small amount of grant money made available, the state expects private, for-profit developers to build the housing. Market-rate (luxury) housing has greater profit margins, so developers’ interests are focused there, and not on affordable housing. They add the fewest number of below market rate units as possible to each project. This creates an explosion in expensive units, not the affordable housing that is actually needed.

    WHY SO MANY NEW HOUSING LAWS?

    The state declared a housing crisis in 2018. Cities were blamed for lack of affordable housing and for not producing enough housing, even though cities do not build. The state ended its redevelopment agency programs in 2012. So, the legislature passed new laws to speed up approvals for multi-family developments by forcing local authorities to rezone for greater density, and approve projects swiftly, often without public input or environmental review.

    The three things that are literally demonized by the state as holding up construction are zoning, CEQA, and public input. (Those are also called city planning, the environment, and local voice/democracy.) Some of these have sometimes slowed the process, but more often produce community/developer/city compromise.

    ARE THERE PENALTIES FOR CITIES?

    New laws speed up approvals for multi-family developments by forcing local authorities to rezone for density, and approve projects swiftly, without CEQA or public input. Attorney General Bonta’s office has a special housing Strike Force to strictly enforce new laws and policies. Besides fines, most punishments are designed to give developers more power, and cities less. Fines can bankrupt cities, put them into receivership, and require cities to cede all zoning control to the state.

    The state can then decide which public lands will be donated or sold for housing projects. Private lawsuits have been brought against cities “not complying fast enough.” the Housing Accountability Act, Builder’s Remedy, and by-right development are all looming punishments based on annual HCD reviews.

    DOES THIS CREATE LOW INCOME HOUSING?

    The laws are sold that way, but what they mostly do is create luxury and market-rate housing along with a very few less expensive units for low-income households. Since developers typically lose money on the low-income units, many of these new laws offer density bonuses and other incentives to developers to add 10-20% of “affordable” units in their projects. This is supposed to “trickle down” and result in lower rents and housing costs.

    DOESN’T THAT JUST RESULT IN MORE EXPENSIVE HOMES?

    Yes. RHNA is broken into categories, each of which needs to be fulfilled exactly, or the locality is declared out of compliance and is subject to streamlining and ministerially approved projects, which further restricts any ability to regulate development.

    IS THE CITY DONE WHEN THE RHNA NUMBER IS BUILT?

    No. In a better system it might be, but RHNA is divided into four major income categories, and each must be met exactly. The laws make it advantageous to developers to add the minimum (10-20%) affordable units, no matter how large the project is. Making RHNA requires many more units.

    DOES THE CITY GET CREDIT ONCE THEY APPROVE THE UNITS?

    No. The state doesn’t measure success by entitlement (approval) of projects, but by the numbers of permits pulled and housing units completed. Once they’ve entitled a project, the city has done its job and rest is out of their control. They cannot compel development. Cities do not build, developers build, but the penalties to cities are based on developer performance.

    There are many reasons approved projects never begin — or start and stall: High costs and scarcity of labor and supplies, high interest rates, and inability to get fire insurance are among them. The state has not let these or any other factors reduce or excuse the RHNA. California’s largest property insurers have halted new home policies due to wildfire risk, rising costs. There has been no acknowledgement that this will affect RHNA.

    IN SUMMARY:

    The state has shifted power away from local governments and given it to for-profit developers who are incentivized to prioritize multi-family developments that are 80-90% market rate, regardless of the effects on communities. Because state laws encourage a low percentage of affordable units per project, not in line with RHNA percentages, much more market-rate housing is built than moderate, low, or extra-low units.

    Working from an incorrect assumption about need and growth creates problems. There are shortages of “affordable” housing throughout the state, but there is no crisis regarding luxury homes, and until the state decouples housing mandates from private, for-profit development, we’re going to see a surge in production in the wrong direction.

    Note: This is an excerpt from the full article published to Marin Post. Please visit their site for additional resources and information regarding RHNA.


  • Budget Cuts to Hit Cupertino’s Park Maintenance, Pavement Quality, Community Events, and Capital Improvements

    Budget Cuts to Hit Cupertino’s Park Maintenance, Pavement Quality, Community Events, and Capital Improvements

    The City of Cupertino forecasts a $23.9M deficit from 2023-24. While Mayor Wei, Councilmember Fruen and Vice Mayor Mohan are fixated on persecuting elected officials they disagree with, our serious budgetary issues have gone unattended, which will result in cutbacks to services and personnel in all areas of the City. Here’s how the City plans to address the deficit, and how it will impact residents:

    Source: FY 2023-24 Proposed Budget

    While Cupertino will cut some expenses like capital outlays and several vacant positions, a significant part of its plan relies on deficit spending. The $6M “Use of Fund Balance” means Cupertino will need to draw from our General Fund, which is our historic savings, to fund operations.

    Source: FY 2023-24 Proposed Budget

    In fact, per the chart above, the City plans to deplete the General Fund over the next decade, draining it from its current level, $104M, to just $37M by 2033. It is unclear what the plan is to fully reverse this trajectory of diminishing reserves.

    Cupertino’s largest expense category is employee compensation and benefits ($35M, or 41% of forecasted budget). During the May 17th meeting, Council Member Liang Chao questioned eliminating only 14 vacant positions, when there are 43 in total. She also suggested returning to 2015 staffing levels (169 staff vs 225 currently).

    Here’s how budget cuts will impact residents so far:

    • Decreased pavement quality
    • Decreased maintenance of parks and trees
    • Decreased janitorial cleaning of City facilities
    • Reduced funding for community events (Fourth of July, Tree Lighting, etc)
    • Closure of teen center
    • Elimination of the Bobateeno event for teens ($10,000 savings)
    • Fewer parks with Wi-Fi
    • Law enforcement will not be impacted. Learn more in the city’s proposed budget plan.
  • Santa Clara District Attorney Finds No Evidence of Council Member Interference with Staffing Decisions

    Santa Clara District Attorney Finds No Evidence of Council Member Interference with Staffing Decisions

    The Santa Clara Office of the District Attorney has found no evidence for a referral accusing current and former Cupertino City Council Members of interfering with staff hiring and firing decisions. 

    Council Members Kitty Moore and Liang Chao prepare for council meetings by reading the materials and asking questions. They have been accused by the new Council majority of exercising improper conduct in their interactions with current and previous Cupertino City Managers. The DA’s letter confirms that the accusations of criminal conduct are baseless, and it similarly affirms that the insinuations against former Mayor Darcy Paul have “no evidence, documentary or otherwise” to support them.

    The District Attorney refutes Hung Wei’s accusations against her fellow Council Members Kitty Moore and Liang Chao, sent via email to the public on May 21st, 2023.

    “There is no evidence, documentary or otherwise, that any former or current Council Member attempted to influence any of the City Managers in their hiring or firing decisions,” states Deputy District Attorney John Chase in a letter to Cupertino City Attorney Chris Jensen.


    Below is the full letter:


  • What is Art? Jollyman Park Playground Remodel Ignites Debate

    What is Art? Jollyman Park Playground Remodel Ignites Debate

    Background: The Jollyman Park All-Inclusive Playground (AIPG) project is expected to be completed by June 2024, and is fully funded. Via the city’s website, residents can expect to enjoy “supportive play theories and practices to appeal to people of all ages and abilities.” 

    Jollyman Park
    Jollyman Park Playground 2023, Pre-Renovation

    The playground is designed by MIG, a local firm specializing in inclusive play that has also designed imaginative new playgrounds in San Jose’s Children’s Discovery Museum and Emma Prusch Farm Park. The budget for Jollyman Park’s new playground was $4.5M.

    Council Decision Sparks Debate
    During the May 2
    nd City Council meeting, Item 8, the City Council approved moving all $338,146.86 in the Art In-Lieu Fee fund into the Jollyman Park AIPG project fund. This would bring the park’s total budget to $4.9M.

    The decision fueled questions over both the cost and definition of “artwork” under our Municipal Code 19.148.030 and .040. The proposal would have designated playground elements like viewing binoculars, a scavenger hunt, or multilingual tactile signs as art. Several residents raised doubts over whether these elements are unique, original, and promote artists.


    City Responds With Reduced Art Proposal
    The staff presented a modified proposal for Jollyman Park artwork to the Arts and Culture Commission on May 22nd. It consisted of 3 pieces, eliminating some of the more controversial items previously proposed at the City Council meeting. The commission gave guidance to staff to design the items to allow more simultaneous users, and include artists from the Bay Area if possible.

    The staff will return for commission approval when designs are completed and they hope to have remaining funds which could be returned to the Art In-Lieu Fund. In addition, the commission requested that a policy procedure be developed to address the use of these funds as soon as possible.


    What is the Art-in-Lieu Fund?

    In 2009, the city passed an ordinance that required any large (10,000 sq. ft. or larger) new public or private development or remodel to include artwork on their property.  The intent was to “enhance community character and identity,” provide the public with attractive art and “stimulate opportunities for the arts through cooperative relations between local business and the City.”  If a project, for some reason, cannot provide the artwork, they are required to pay 1.25% of the construction value into the Art In-Lieu Fund. However, this option has been strongly discouraged.  If they do provide the artwork, the minimum artwork value is reduced to 0.9-1.0% of the construction valuation.


    Since 2009, there have been many projects required to provide artwork on their properties.  Some of these projects you may be familiar with such as the Apple 2 Headquarters, Main Street, Westport Union, Marina Plaza and Public Storage.  Usually, the artwork appears close to or after project completion.  In fact, the Apple 2 artwork, a sculpture entitled “Mirage” is being installed now in the olive orchard of the Apple 2 Visitors Center (see plans here).  The Target Remodel has yet to install their artwork (see plans here).  


    Public Storage is the only project since 2009 to pay the art in-lieu fee rather than provide artwork.  They made their required payment of $338,146.86 about 1.5 years ago.  

    The Jollyman Park AIPG artwork proposal originally intended to use the entire $338,146.38 for the following interactive elements:

    • Decorative sun kaleidoscope feature

    • Interactive Musical Bench

    • Nature-related art, such as a bird-watching scavenger hunt, viewing binoculars, ad colorful peeking windows

    • Multilingual Tactile Sign

    • Stair Mural

    Now, the funding will be limited to three pieces of art. Examples of these proposed elements can be seen here.

    Issues brought up during the discussion were:

    • All these items must be considered “artwork” under our Municipal Code 19.148.030 and .040. Artwork is supposed to promote artists, be unique and original

    • Distributing the funds across multiple parks or locations was not considered

    • The playground’s total budget will now be nearly $5M

    References

    May 2, 2023 City Council Meeting Agenda Item 8:  Staff Report and Attachments

    https://cupertino.legistar.com/LegislationDetail.aspx?ID=6180931&GUID=F55E1791-D0F4-4E9E-AB6C-E401784EE15C

    Cupertino Municipal Code Section 19.148:  Required Artwork in Public and Private Developments

    https://codelibrary.amlegal.com/codes/cupertino/latest/cupertino_ca/0-0-0-95948

    This muni code contains the following aspects of the artwork required:

    Section 19.148.010  Purpose and Intent

    Section 19.148.020  Applicability of Regulations

    Section 19.148.030  Permitted Artwork

    Section 19.148.040  Ineligible Artwork

    Section 19.148.050  Application Procedures for Public Artwork

    Section 19.148.060  Design Criteria and Artist Qualifications

    Section 19.148.070  Minimum Artwork Value

    Section 19.148.080  Maintenance Requirements

    Section 19.148.090  In Lieu Payment for Artwork is Discouraged

    Apple 2 Headquarts Artwork

    Explanation of what the artwork represents

    https://www.cupertino.org/our-city/departments/community-development/planning/major-projects/apple-park/mirage/-fsiteid-1)


  • May 13th Newsletter: Cupertino’s Resources Spent Scrutinizing a Prior Council’s Actions, and the Latest Budget Updates

     

    This month, we continue the ongoing coverage of Cupertino’s budget shortfall. This is a critical time as the City evaluates where to cut expenses, from community services to road maintenance. Your input is key – details below.


    But as Cupertino’s financial situation worsens, several Council Members have instead chosen to prioritize their time (and public resources) scrutinizing the actions of a former City Council

     

    While the role of a Council Member varies by city, according to the National League of Cities, “Councilmembers are responsible for and responsive to the citizens who elected them.” 

     

    And so, we ask: What are our needs, as Cupertino citizens? Are the priorities of each Council Member aligned with them?

     

    Cupertino Budget Shortfall News and Upcoming Meetings

    Once again, Bloomberg news had the scoop on Cupertino’s budget woes prior to announcements by the City. Their first article explains how Cupertino is at risk of losing its share of tax revenue from online sales of Apple products in California. Their latest article announces that Cupertino plans to appeal the change, and that Apple must fund the cost of the appeal. 

    Cupertino Apple Store

    The State audit can go as far back as the second quarter of 2021, which implies that Cupertino could owe the State up to approximately $40M in sales tax revenue. This is far above the anticipated 30% drop in overall City revenue. 


    In spite of City Staff’s knowledge of this audit and its consequences since December 2021, there were no proposals to reduce or eliminate expenditures until 2023. For example, although our City’s cost for the Jollyman playground has nearly doubled, on May 2, 2023, its budget was again increased by 16%. Including grants, the new playground is pegged at nearly $5M. The new City budget, published on May 5, includes expensive studies for new projects that are unlikely to come to fruition given our budget outlook.
     
    Here’s how you can participate in the budget decisions, and share input on which Cupertino services to keep or cut:

     

    1. Take the 2023 Community Budget Survey by May 16. Although the survey is open until May 31, survey results will be presented on May 17th.

    • The survey includes a question about selling assets. These are assets purchased through prior ballot tax measures:
    • Water rights, which were purchased through a bond measure in 1960, to San Jose Water, a subsidiary of a publicly-traded company
    • Blackberry Farm Golf Course, which was purchased to preserve as open space through a bond measure funded by the Utility Users Tax (UUT) in 1990
    • At the end of the survey, you can provide written comments. Draft your own response to express budget concerns or priorities that are not addressed elsewhere in the survey.

    2. Write to City Council as follows:
        TO: citycouncil@cupertino.orgcityclerk@cupertino.org
        SUBJECT: City Council 5/17/2023, Written Communication, City Budget, Agenda Item 1

    3. Meet with your City Council members

    4. Attend the May 17 City Budget Meeting in-person or via zoom at 5PM. 

    5. Attend the May 18 Budget Town Hall Meeting in-person or via zoom at 6:30PM 

    6. Sign up to receive meeting reminders at the City website 

     

    Civil Grand Jury Case Consumes Public Resources Scrutinizing Prior Council’s Actions

    BACKGROUND: From 2018-2022, resident-focused Council Members held a 4-1 majority in Cupertino, ensuring that our local government served the needs and interests of residents first. These Council Members pushed back against those who came to Cupertino intent on maximizing profit with little regard for how their actions impact the people who live here.


    During 2018-2022, the Council worked with City staff to accomplish significant achievements for the benefit of Cupertino residents, including:

    Despite efforts to elect 3 resident-focused Council Members in 2022, campaigns backing financial interest candidates were significantly better-funded. Council Member Liang Chao was re-elected, but financial interest candidates prevailed in 2022 and, for now, hold a 3-2 Council majority in Cupertino.


    Resident-focused Council Members Liang Chao and Kitty Moore continue to work hard to advocate for fiscal accountability, transparency, environmental protection, sensible development, and improved transit and City services for residents. They continue these efforts in spite of a work environment made hostile by a Council majority that resents sharing the dais with Council members whose legislative priorities and support base differs from their own. Unlike today’s Council majority, Council Members Chao and Moore neither sought nor received campaign support from financial interests: not from real estate interests, corporations, nor labor unions.


    CIVIL GRAND JURY REPORT: In 2022, an anonymous individual submitted a complaint to the Civil Grand Jury, Santa Clara County alleging that resident-focused Council Members asked too many questions, wrote too many email messages to staff, made certain staff members “feel threatened”–not to be confused with  threatening staff, which they did not do–, and filed public records requests (a right protected by State Law for all persons, including elected officials, under Code § 7921).


    MAY 9TH CITY COUNCIL RESPONSE: Council Member Chao questioned which specific Cupertino Municipal Codes she allegedly violated. None were cited by number in either the Civil Grand Jury Report or the City-funded investigation summary. She also cited specific Municipal Code sections which did appear to codify the right of Council Members to ask questions of staff. The City Attorney did not answer Chao’s question. Instead, he asserted that the problem rested with her perceived “volume and tone of voice,” presumably when engaging with staff.


    Then, Council Member Fruen initiated a motion to remove Council Members Moore and Chao from their committee assignments. The motion was approved by Mayor Wei and Vice Mayor Mohan.


    It is questionable whether 3 Council Members will adequately represent Cupertino residents on the many City, district, County, and regional boards and committees without Council Members Moore and Chao. 


    In 4-5 months, Council will revisit the Civil Grand Jury report and reconsider the political consequences the Council majority has imposed on their colleagues. What will have changed?

    For further detail:

  • Civil Grand Jury Case Consumes Public Resources Scrutinizing Prior Council’s Actions

    From 2018-2022, resident-focused Council Members held a 4-1 majority in Cupertino, ensuring that our local government served the needs and interests of residents first. These Council Members pushed back against those who came to Cupertino intent on maximizing profit with little regard for how their actions impact the people who live here.

    During 2018-2022, the Council worked with City staff to accomplish significant achievements for the benefit of Cupertino residents, including:

    Despite efforts to elect 3 resident-focused Council Members in 2022, campaigns backing financial interest candidates were significantly better funded. Council Member Liang Chao was re-elected, but financial interest candidates prevailed in 2022 and, for now, hold a 3-2 Council majority in Cupertino.

    Resident-focused Council Members Liang Chao and Kitty Moore continue to work hard to advocate for fiscal accountability, transparency, environmental protection, sensible development, and improved transit and City services for residents. They continue these efforts in spite of a work environment made hostile by a Mayor and majority Council who resent sharing the dais with Council members whose legislative priorities and base of support differ from their own. Unlike today’s Council majority, Council Members Chao and Moore neither sought nor received campaign support from financial interests: not from real estate interests, corporations, nor labor unions.

    In 2022, an anonymous individual submitted a complaint to the Civil Grand Jury, Santa Clara County alleging that resident-focused Council Members asked too many questions, wrote too many email messages to staff, made certain staff members “feel threatened”–not to be confused with  threatening staff, which they did not do–, and filed public records requests (a right that is protected by State Law for all persons, including elected officials, under Government Code § 7921).

    Here is the timeline of events that have followed since the complaint was filed, as summarized in the City Attorney’s presentation delivered to Council on 5/9/2023:

    Dec. 19 – Santa Clara County Civil Grand Jury Report released

    Feb. 21 – City Council approves response to Grand Jury Report and directs [the Office of the City Attorney] to conduct investigation

    May 2 – City Council votes to waive privilege over independent investigation report

    May 9 – Public discussion of investigation report

    On 5/9/2023, Council Members Moore and Chao read statements and recused themselves before Council deliberations began, identifying in their comments why they would not participate in a process that exposed them to possible financial and legal consequences. Under the Civil Grand Jury procedure, those accused can neither face their accusers nor review the evidence that the Civil Grand Jury considered to render its decision.

    Council Member Chao also questioned the attorneys present about which Cupertino Municipal Codes specifically that she allegedly violated, as none were cited by section number in either the Civil Grand Jury Report nor in the City-funded investigation summary, the Fact Finding Report. The City Attorney either could not or chose not to answer Council Member Chao’s question directly. Instead, he asserted that the problem rested with the accused Council Members’ perceived “volume and tone of voice,” presumably when asking questions or engaging with staff.

    Council Member Chao cited specific Municipal Code sections which did appear to codify the right of Council Members to ask questions of staff. The Municipal Code also appears to protect staff from overtly burdensome requests from individual Council Members, directing staff to refer the Council Member to the City Manager if questions were to require significant research or communication time. Regrettably, the exchange with the City Attorney resolved with the City Attorney accusing Council Member Chao of “distorting the Municipal Code,” and Council Member Chao asserting that she still does not know which sections of the Municipal Code she is alleged to have violated as none are cited by number in the reports.

    Then, the special interest council majority led by Council Member Fruen voted to remove Council Members Moore and Chao from their committee assignments. 

    It is questionable whether 3 Council Members will adequately represent Cupertino residents on the many City, district, County, and regional boards and committees without assistance from Council Members Moore and Chao. 

    In 4 or 5 months, Council will again revisit the Civil Grand Jury report and reconsider the political consequences the Council majority has imposed on their colleagues. What will have changed?

    For further detail: