Exhibit CC 03-31-2016 Item #2 Staff Recommendations and Resolutions 16-028 and 16-029 Ce— 313 (/to
Staff recommends Council : 4*,),
1 . Adopt Resolution 16-028, Calling and Giving
Notice of the Holding of a General Municipal
Election to be held on November 8, 2016 for the
submittal to the Voters of a Ballot Measure to
Limit Redevelopment of the Vallco Shopping
District, Limit Building Heights and Lot Coverages
throughout the City, and Establish New Setbacks
and Building Planes on Major Thoroughfares; and
Requesting the Assistance of the County of Santa
Clara for Consolidation of the Election and to
Render Specified Services to the City of
Cupertino Relating to the Conduct of the Election
2. Adopt Resolutionl6-029 , Providing for
Written Arguments Regarding a City Measure
and Directing the City Attorney to Prepare an
Impartial Analysis
** Include whether to authorize Council to submit
arguments, per the draft Resolution , p. 2, Section
5 ***
AND
3 . Adopt Resolution 16-030 , Providing for
the Filing of Rebuttal Arguments for City
Measures Submitted at Municipal Elections
2
Ca 3/ i /i6.
? 166\-04"Lcia-ct
RESOLUTION NO.16-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,2016,FOR THE
SUBMITTAL TO THE VOTERS OF A BALLOT MEASURE TO LIMIT
REDEVELOPMENT OF THE VALLCO SHOPPING DISTRICT,LIMIT
BUILDING HEIGHTS AND LOT COVERAGES THROUGHOUT THE CITY,
AND ESTABLISH NEW SETBACKS AND BUILDING PLANES ON MAJOR
THOROUGHFARES;AND REQUESTING THE ASSISTANCE OF THE COUNTY
OF SANTA CLARA FOR CONSOLIDATION OF THE ELECTION AND TO
RENDER SPECIFIED SERVICES TO THE CITY OF CUPERTINO RELATING TO
THE CONDUCT OF THE ELECTION
WHEREAS, on February 2, 2016, an initiative petition entitled "Initiative
amending Cupertino's General Plan to limit redevelopment of the Vallco Shopping
District, limit building heights and lot coverages in areas throughout the City,
establish new setbacks and building planes on major thoroughfares, and require
voter approval for any changes to these provisions" was filed in the Office of the City
Clerk; the total number of signatures submitted was 4,204; the total number of
signatures reviewed for verification by the Santa Clara County Registrar of Voters
was 4,204 and the total number of signatures found sufficient was 3,759;and
WHEREAS, the minimum number of 4,029 valid signatures required to call
a special election was not met;and
WHEREAS,the minimum number of 2,686 valid signatures required to call
a regular election was met;and
WHEREAS, on March 1, 2016, the City Council accepted the report of the
City Clerk declaring sufficiency of the initiative petition and ordered a special
meeting to be held by March 31, 2016 to receive the report on the effect of the
proposed initiative pursuant to Election Code§9212;and
WHEREAS,on March 31,2016, the City Council received the report on the
effect of the proposed initiative;
WHEREAS, the City Council has not voted to adopt the initiative;
Resolution No. 16-028 Page 2
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed initiative to the voters;and
WHEREAS, November 8, 2016,is the date set by law for the election of
Council members;and
WHEREAS,the City Clerk is enjoined by law to take all steps necessary
for the holding of said election;and
WHEREAS,it is desirable that the November 8,2016 General municipal
election be consolidated with the Statewide General election to be held on the same
date and that within the city the precincts, polling places and election officers of the
two elections be the same, and that the county election department of the County of
Santa Clara canvass the return of the General Municipal Election and that the
election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to general law cities, there is called and ordered to be held in the
City of Cupertino on Tuesday, November 8, 2016, a General Municipal Election for
the purpose of submitting the following proposed ordinance:
Shall an initiative ordinance be adopted amending YES
Cupertino's General Plan to limit redevelopment of
the Vallco Shopping District,_limit building heights
along major mixed-use corridors, establish a 45 feet
maximum building height in the Neighborhoods,
limit lots overages for large_projects,establish new NO - Deleted:and
setbacks and building planes on major Deleted:
thoroughfares, and require voter approval for any [Deleted:in areas throughout the City,
changes to these provisions?
Resolution No. 16-028 Page 3
SECTION 2. That the text of the ballot measure is attached to this resolution
as Exhibit "A." The text of the measure shall not be printed in the ballot materials,
but copies of the measure shall be available from the City Clerk.
SECTION 3. That the vote requirement for the measure to pass is a majority
(50%+1)of the votes cast.
SECTION 4. That the ballots to be used at the election shall be in the form and
content as required by law.
SECTION 5. That the City Clerk is authorized, instructed, and directed to
contract for the procurement and furnishing of any and all official ballots, notices,
printed matter and all supplies,equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven o'clock a.m.
of the day of the election and shall remain open continuously from that time until
eight o'clock p.m. of the same day when the polls shall be closed, pursuant to
Election Code § 10242, except as provided in § 14401 of the Elections Code of the
State of California.
SECTION 7. That pursuant to the requirements of § 10403 of the Elections
Code, the Board of Supervisors of the County of Santa Clara is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the
Statewide General election on Tuesday, November 8, 2016, for the purpose of
submitting a ballot measure to the voters of Cupertino.
SECTION 8. That the City of Cupertino requests the services of the Board of
Supervisors of Santa Clara County and the Registrar of Voters to conduct said
General Election and to consolidate such election. The Registrar of Voters is
requested to provide all necessary election services and to canvass the returns of the
General Municipal Election. The consolidated election will be held and conducted in
the manner prescribed in§ 10418 of the Elections Code.
SECTION 9. That the City shall reimburse the County for services performed
when the work is completed and upon representation to the City of a properly
approved bill.
Resolution No. 16-028 Page 4
SECTION 10. That the City Clerk is directed to forward without delay to the
Board of Supervisors and to the County Election Department of the County of Santa
Clara,each a certified copy of this resolution.
SECTION 11. That in all particulars not recited in this resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
SECTION 12. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional
notice of the election,in time,form and manner as required by law.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 31st day of March,2016,by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt,City Clerk Barry Chang,Mayor,City of Cupertino
C c 3/1 /16
RESOLUTION NO. 16-028 CJ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, FOR THE
SUBMITTAL TO THE VOTERS OF A BALLOT MEASURE TO LIMIT
REDEVELOPMENT OF THE VALLCO SHOPPING DISTRICT, LIMIT
BUILDING HEIGHTS AND LOT COVERAGES THROUGHOUT THE CITY,
AND ESTABLISH NEW SETBACKS AND BUILDING PLANES ON MAJOR
THOROUGHFARES; AND REQUESTING THE ASSISTANCE OF THE COUNTY
OF SANTA CLARA FOR CONSOLIDATION OF THE ELECTION AND TO
RENDER SPECIFIED SERVICES TO THE CITY OF CUPERTINO RELATING TO
THE CONDUCT OF THE ELECTION
WHEREAS, on February 2, 2016, an initiative petition entitled "Initiative
amending Cupertino's General Plan to limit redevelopment of the Vallco Shopping
District, limit building heights and lot coverages in areas throughout the City,
establish new setbacks and building planes on major thoroughfares, and require
voter approval for any changes to these provisions" was filed in the Office of the City
Clerk; the total number of signatures submitted was 4,204; the total number of
signatures reviewed for verification by the Santa Clara County Registrar of Voters
was 4,204 and the total number of signatures found sufficient was 3,759; and
WHEREAS, the minimum number of 4,029 valid signatures required to call
a special election was not met; and
WHEREAS, the minimum number of 2,686 valid signatures required to call
a regular election was met; and
WHEREAS, on March 1, 2016, the City Council accepted the report of the
City Clerk declaring sufficiency of the initiative petition and ordered a special
meeting to be held by March 31, 2016 to receive the report on the effect of the
proposed initiative pursuant to Election Code § 9212; and
WHEREAS, on March 31, 2016, the City Council received the report on the
effect of the proposed initiative;
WHEREAS, the City Council has not voted to adopt the initiative;
Resolution No. 16-028 Page 2
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed initiative to the voters; and
WHEREAS, November 8, 2016, is the date set by law for the election of
Council members; and
WHEREAS, the City Clerk is enjoined by law to take all steps necessary
for the holding of said election; and
WHEREAS, it is desirable that the November 8, 2016 General municipal
election be consolidated with the Statewide General election to be held on the same
date and that within the city the precincts, polling places and election officers of the
two elections be the same, and that the county election department of the County of
Santa Clara canvass the return of the General Municipal Election and that the
election be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
CUPERTINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to general law cities, there is called and ordered to be held in the
City of Cupertino on Tuesday, November 8, 2016, a General Municipal Election for
the purpose of submitting the following proposed ordinance:
Shall an initiative ordinance be adopted amending YES
Cupertino's General Plan to limit redevelopment of
the Vallco Shopping District, limit building heights
along major mixed-use corridors, establish a 45 feet
maximum building height in the Neighborhoods,
limit lot coverages for large projects, establish new NO
setbacks and building planes on major
thoroughfares, and require voter approval for any
changes to these provisions?
Resolution No. 16-028 Page 3
SECTION 2. That the text of the ballot measure is attached to this resolution
as Exhibit "A." The text of the measure shall not be printed in the ballot materials,
but copies of the measure shall be available from the City Clerk.
SECTION 3. That the vote requirement for the measure to pass is a majority
(50% +1) of the votes cast.
SECTION 4. That the ballots to be used at the election shall be in the form and
content as required by law.
SECTION 5. That the City Clerk is authorized, instructed, and directed to
contract for the procurement and furnishing of any and all official ballots, notices,
printed matter and all supplies, equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven o'clock a.m.
of the day of the election and shall remain open continuously from that time until
eight o'clock p.m. of the same day when the polls shall be closed, pursuant to
Election Code § 10242, except as provided in § 14401 of the Elections Code of the
State of California.
SECTION 7. That pursuant to the requirements of § 10403 of the Elections
Code, the Board of Supervisors of the County of Santa Clara is hereby requested to
consent and agree to the consolidation of a General Municipal Election with the
Statewide General election on Tuesday, November 8, 2016, for the purpose of
submitting a ballot measure to the voters of Cupertino.
SECTION 8. That the City of Cupertino requests the services of the Board of
Supervisors of Santa Clara County and the Registrar of Voters to conduct said
General Election and to consolidate such election. The Registrar of Voters is
requested to provide all necessary election services and to canvass the returns of the
General Municipal Election. The consolidated election will be held and conducted in
the manner prescribed in§ 10418 of the Elections Code.
SECTION 9. That the City shall reimburse the County for services performed
when the work is completed and upon representation to the City of a properly
approved bill.
Resolution No. 16-028 Page 4
SECTION 10. That the City Clerk is directed to forward without delay to the
Board of Supervisors and to the County Election Department of the County of Santa
Clara, each a certified copy of this resolution.
SECTION 11. That in all particulars not recited in this resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
SECTION 12. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 31st day of March, 2016,by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino
CC 31�1 �i �
-o
Alyk, Isx1 RJZOL t.k.
RESOLUTION NO.16-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO PROVIDING FOR WRITTEN ARGUMENTS
REGARDING A CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Cupertino,
California, on November 8, 2016, at which there will be submitted to the voters the
following measure:
Y
Shall an initiative ordinance be adopted E
amending Cupertino's General Plan to limit S
redevelopment of the Vallco Shopping District,
limit building heights along major mixed-ust,
corridors, establish a 45 feet maximum building
height in the Neighborhood limit jot coverages I Deleted: and
for large projects, establish new setbacks and N • Deleted:in areas throughout the City_
building planes on major thoroughfares, and O
require voter approval for any changes to these
provisions?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
RESOLVE,DECLARE,DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the primary arguments for and against this ballot measure shall
be submitted to the City Clerk by 5:00 p.m. on August 2, 2016, and shall not exceed 300
words.
SECTION 2. That pursuant to separate resolution, the City Council has provided for
the filing of rebuttal arguments concerning this measure. Rebuttal arguments shall be
submitted to the City Clerk by 5:00 p.m. on August 12, 2016, and shall not exceed 250
words.
SECTION 3. That all arguments shall be filed with the City Clerk, signed, with the
Resolution No.16-029
Page 2
printed name(s) and signature(s)of the author(s)submitting it, or if submitted on behalf of
an organization, the name of the organization, and the printed name and signature of at
least one of its principal officers who is the author of the argument. The arguments shall be
accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be
provided by the City Clerk.
SECTION 4. That the City Council directs the City Clerk to transmit a copy of the
measure to the city attorney to prepare an impartial analysis of the measure,not exceeding
500 words, showing the effect of the measure on the existing law and the operation of the
measure. The impartial analysis shall be filed by August 12,2016.
NOTE: This following section is optional. Pursuant to Elections Code section
9282(a) and 9287(b), the City Council has the option to authorize some or all of its
members to submit an argument against the measure. The City Council can authorize
some,all,or none of its members to submit an argument against the measure:
Options:
(1)omit this section;
OR (2)
SECTION 5. That the City Council authorizes:
Name,Title
Name,Title
Name,Title
Name,Title
Name,Title
members of this body to file a written argument not exceeding 300 words against the
measure as specified above, accompanied by the printed name(s) and signature(s) of the
author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections
Code of the State of California and to change the argument until and including the date
fixed by this Resolution after which no arguments for or against the City measure may be
submitted to the City Clerk.
OR (3)
Resolution No.16-029
Page 3
SECTION 5. That the City Council authorizes ALL members of the City Council to
file a written argument against the measure not exceeding 300 words, accompanied by the
printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article
4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the
argument until and including the date fixed by this Resolution after which no arguments
for or against the City measure may be submitted to the City Clerk.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 31st day of March,2016,by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt,City Clerk Barry Chang,Mayor,City of Cupertino
C c 3/?/ hi,
RESOLUTION NO. 16-029 C (sLa,y1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO PROVIDING FOR WRITTEN ARGUMENTS
REGARDING A CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Cupertino,
California, on November 8, 2016, at which there will be submitted to the voters the
following measure:
Y
Shall an initiative ordinance be adopted E
amending Cupertino's General Plan to limit S
redevelopment of the Vallco Shopping District,
limit building heights along major mixed-use
corridors, establish a 45 feet maximum building
height in Neighborhoods, limit lot coverages for
large projects, establish new setbacks and N
building planes on major thoroughfares, and O
require voter approval for any changes to these
provisions?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That theY arguments rimar for and against this ballot measure shall
be submitted to the City Clerk by 5:00 p.m. on August 2, 2016, and shall not exceed 300
words.
SECTION 2. That pursuant to separate resolution, the City Council has provided for
the filing of rebuttal arguments concerning this measure. Rebuttal arguments shall be
submitted to the City Clerk by 5:00 p.m. on August 12, 2016, and shall not exceed 250
words.
SECTION 3. That all arguments shall be filed with the City Clerk, signed, with the
•
Resolution No. 16-029 1
Page 2
printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of
an organization, the name of the organization, and the printed name and signature of at
least one of its principal officers who is the author of the argument. The arguments shall be
accompanied by the Form of Statement To Be Filed By Author(s) of Argument to be
provided by the City Clerk.
SECTION 4. That the City Council directs the City Clerk to transmit a copy of the
measure to the city attorney to prepare an impartial analysis of the measure, not exceeding
500 words, showing the effect of the measure on the existing law and the operation of the
measure. The impartial analysis shall be filed by August 12, 2016.
NOTE: This following section is optional. Pursuant to Elections Code section
9282(a) and 9287(b), the City Council has the option to authorize some or all of its
members to submit an argument against the measure. The City Council can authorize
some, all, or none of its members to submit an argument against the measure:
Options:
(1) omit this section;
OR (2)
SECTION 5. That the City Council authorizes:
Name, Title
Name, Title
Name, Title
Name, Title
Name, Title
members of this body to file a written argument not exceeding 300 words against the
measure as specified above, accompanied by the printed name(s) and signature(s) of the
author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections
Code of the State of California and to change the argument until and including the date
fixed by this Resolution after which no arguments for or against the City measure may be
submitted to the City Clerk.
OR (3)
Resolution No. 16-029
Page 3
SECTION 5. That the City Council authorizes ALL members of the City Council to
file a written argument against the measure not exceeding 300 words, accompanied by the
printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article
4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the
argument until and including the date fixed by this Resolution after which no arguments
for or against the City measure may be submitted to the City Clerk.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 31st day of March, 2016, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino