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Notice of Intent to Circulate PetitionNIELSEiN MI ERKS MER PARMNELIO GROSS & LEOMLLP March 3, 2016 VIA HAND DELIVERY Grace Schmidt, City Clerk City of Cupertino Cupertino City Hall, 10300 Torre Avenue Cupertino, California 95014 Re: The Vallco Town Center Specific Plan Initiative Dear Ms. Schmidt: M MAR 3 - Z016 LAW ADVOCACY LITIGATION CUPERTINO CITY CLERK For your immediate attention, enclosed please find the following documents relating to an initiative titled the Vallco Town Center Specific Plan Initiative (the "Initiative"): • Notice of Intent to Circulate Petition (Elections Code § 9202); • Text of the Initiative (Elections Code § 9202); • Certifications regarding use of signatures (Elections Code § 9608); • Initiative proponents' authorization for the Nielsen Merksamer law firm to handle the filing of the Initiative petition, as well as any related actions and/or correspondence with elections officials relating to the Initiative (Elections Code § 9210); and • A check in the amount of $200 (Elections Code § 9202). Pursuant to Elections Code section 9203(a), this letter shall serve as formal written request that a ballot title and summary of the measure be prepared by the City Attorney. The names and addresses of the persons proposing this measure (the "proponents") are: Vicky TsaiCupertino, CA 95014; and Judy Wilson► Cupertino, CA 95014. Please do not hesitate to contact the undersigned or Hilary Gibson of my firm should you have any questions. Thank you for your assistance. ery truly yours, can Welch NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the persons whose names appear hereon of their intention to circulate a petition within the City of Cupertino for the purpose of qualifying and enacting the Vallco Town Center Specific Plan Initiative. A statement of the reasons for the proposed action as contemplated in the petition is as follows: This Initiative fulfills the vision of the Cupertino General Plan by approving the Vallco Town Center Specific Plan ("Specific Plan"), which facilitates the complete redevelopment of the Vallco Shopping District Special Area ("Vallco Shopping District") into a vibrant, sustainable, walkable, and safe "town center" neighborhood with a mix of retail, dining, entertaimnent, recreation, offices, housing, hotel, education, civic, open space, and public amenities for Cupertino residents. Implementation of the Specific Plan will elevate the quality of life of Cupertino residents by creating a mix of thoughtfully designed public places of various scales, including amenities such as a market hall, a new state-of-the-art movie theater and ice rink, civic, educational venues, as well as walkable streets, bicycle lanes, and transit facilities fitting for a true town center. Approximately 51 of the 58 acres of Vallco Shopping District is currently the site of a failing enclosed regional mall (and associated parking) that is suffering from significant vacancies (the "Mall"). Cupertino residents have long recognized the failures and obsolescence of the Mall. The City Council and the community have spent years working to establish a new vision for the area. In December 2014, the City Council adopted an updated General Plan, which includes goals, policies, and strategies specifically relating to the Vallco Shopping District, including a requirement that a specific plan be adopted for the Vallco Shopping District prior to any redevelopment to specify the land uses, design standards and guidelines, and infrastructure improvements required to serve the area. The Specific Plan proposed by this Initiative fulfills that objective. To ensure the type of extraordinary community benefits that Cupertino residents deserve, the Specific Plan requires a 30-acre greenway on the integrated roofs of the town center buildings. This privately funded/maintained rooftop Community Park and Nature Area will include 3.8 miles of walking trails, meadows, vineyards, orchards and gardens to be planted with native, drought -tolerant landscaping, with recycled water delivered through a new recycled water line extension. This one -of -a kind amenity will host a diverse set of active and passive community -oriented uses, help visually integrate the plan area with the surrounding streets, reduce the area's heat island effect, minimize water run-off and water/air quality impacts, and improve the energy efficiency of buildings. As a new destination for local families, the Specific Plan also provides for an amphitheater to host outdoor concerts and movie nights, an outdoor play space for children, and banquet and event space for large and small events. The Specific Plan also provides for substantial public benefits and improvements, including: new development under the Specific Plan to provide —in addition to the maximum state -mandated school fees —additional benefits of approximately $40 million to enhance Cupertino's excellent schools, such as a new High School Science and Engineering Innovation Center, solutions to create net additional enrollment capacity, and space for adult education programs; effective traffic solutions for pre-existing and future conditions; space for local non -profits and civic organizations; dedicated senior housing units; and one-time construction -related tax revenues, new recurring property taxes, and retail sales taxes. /&ky Tsa' Judy lilson MAR 3 -- 2016 CUPEP". SIGNED STATEMENT OF PROPONENT (Elec. Code § 9608) CUPER'fi ?O � K I, Vicky Tsai, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. ignatur f r ponen ) Dated this th day of March 2016. AUTHORIZATION FOR COUNSEL TO HANDLE PETITION FILING (Elec. Code § 9210) I, Vicky Tsai, one of the two proponents of the Vallco Town Center Specific Plan Initiative (the "Initiative"), hereby authorize our legal counsel, Sean P. Welch and Hilary J. Gibson of the Nielsen Merksamer law firm, to handle the filing of the Initiative for title and summary, filing of the Initiative petition, and any other actions and/or correspondence with your office, or any other elections officials, relating to the Initiative. ignatur Proponent) Dated this th day of March 2016. MAR 3 — 2010 SIGNED STATEMENT OF PROPONENT (Elec. Code § 9608) CUPERTINO CITY CLERK I, Judy Wilson, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. r�� S (Signa+ of Proponent) Dated this 3 th day of March 2016. AUTHORIZATION FOR COUNSEL TO HANDLE PETITION FILING (Elec. Code § 9210) I, Judy Wilson, one of the two proponents of the Vallco Town Center Specific Plan Initiative (the "Initiative"), hereby authorize our legal counsel, Sean P. Welch and Hilary J. Gibson of the Nielsen Merksamer law firm, to handle the filing of the Initiative for title and summary, filing of the Initiative petition, and any other actions and/or correspondence with your office, or any other elections officials, relating to .ha11nitiative. / (Signat4e of Proponent) Dated this S th day of March 2016.