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CC 05-07-19 #9 Options for Vallco Referendum Petitions_Written CommunicationsCyrah Caburian From: City of Cupertino Written Corresponde11Le cc 4/2/19 Item #9 Subject: FW : Resending, Recipient Correction: Agenda Item 9, Request to Repeal/Rescind Vallco Town Center Specific Plan Approvals, 5/7/2019 City Council Meeting From: Liana Crabtree [mailto :lianacrabtree@yahoo.com) Sent: Friday, May 03, 2019 5:06 PM To: Steven Scharf <SScharf@cupertino.org>; Liang Chao <LiangChao@cupertino.org>; Darcy Paul <DPaul@cupertino.org>; Rod Sinks <RSinks@cupertino.org>; Jon Robert Willey <JWilley@Cupertino.org> Cc : City Clerk <CityClerk@cupertino.org>; City Attorney's Office <CityAttorney@cupertino.org>; R Wang <RWang@cupertino.org>; Vikram Saxena <VSaxena@cupertino.org>; David Fung <DFung@cupertino.org>; Kitty Moore <Kmoore@cupertino.org>; Alan Takahashi <ATakahashi@cupertino .org> Subject: Resending, Recipient Correction : Agenda Item 9, Request to Repeal/Rescind Vallco Town Center Specific Plan Approvals, 5/7/2019 City Council Meeting Dear Office of the City Clerk: Please consider this letter as the public record document. The previous version included a recipient error. Thank you, Liana Crabtree representing myself only Honorable Mayor Scharf, Vice Mayor Chao, and Council Members Paul, Sinks, and Willey: Please add my letter to the public record for the 5/7/2019 City Council meeting, Agenda Item 9, "Options Regarding 3 Referendum Petitions Challenging Approvals Related to the Vallco Town Center Specific Plan". Please accept my request for Council to repeal/rescind the Val/co Town Center legislation that was challenged successfully by residents in October 2018 in accordance with the State of California's referendum process. Repeal/Rescind the following pending Val/co Town Center legislation: Development Agreement (Ordinance 18-2179}; General Plan Amendment (Resolution 18-085}; and Specific Plan (Resolution 18-086). As the dependent ordinances (Municipal Code, Ordinance 18-2177; Zoning, Ordinance 18-2178} cannot be enacted independent of the General Plan Amendment and Specific Plan that are subject to the referenda effort, initiate the process to repeal/rescind these ordinances following lawful procedures including, but not necessarily limited to, a Planning Commission hearing and advisory vote, a follow-up · City Council hearing and vote, and final vote by Council as part of the consent calendar. The Vallco Town Center Specific Plan, if enacted as specified in Resolution 18-086, would increase demand for housing by adding approximately 3x the jobs relative to the housing provided . The Specific Plan also shortchanges the community by severely undercutting the General Plan requirement to add 3 acres of parkland for every 1,000 new residents anticipated by this development plan. The resulting ground-level parkland shortfall affects neighborhoods that many already describe as "park-starved". While the Valko Town Center Specific Plan may enjoy support by the Property Owner and various special interest groups, the urban development plan is unpopular with residents who vote, as evidenced by the following: 1 (A) On December 4, 2014, Four (4) Council Members approved a General Plan amendment affecting the retail-only Vallco Shopping District site to add 2 MILLION square feet of office, a placeholder amount of housing, and the right of the Property Owner to set its own height limit for structures to be built there. (Ma ximum building height had been 45 feet, with an exception to accommodate an inexplicably tall sign to advertise a movie theater.) In 2019, only one (1) of the approving Council Members remains as an elected representative in Cupertino (Rod Sinks). Two (2) approving Council Members have termed out (Gilbert Wong [2016], Barry Chang [2018]) and have been replaced by two (2) Council Members who openly opposed efforts to add office and urbanize the Vallco Shopping District site (Steven Scharf [2016], Jon Willey [2018]). One (1) approving Council Member ran for re-election in 2018 (Savita Viadhyanathan) but was defeated by a newcomer who openly opposed efforts to add office and urbanize the Vallco Shopping District site AND received the 2nd highest number of votes ever cast during a Cupertino City Council election (Liang Chao [2018], 8,529 votes). The one (1) Council Member who opposed the approval ofthe 2014 General Plan amendment that added the office, housing, and open -ended building height to the Vallco Shopping District site and who opposed 5 of 6 legislative documents required to move forward the Vallco Town Center Specific Plan was re-elected in 2018 with the highest . number of votes ever cast during a Cupertino City Council election (Darcy Paul, 9,518 votes), (B) In November 2016, voters rejected the Property Owner's Specific Plan ballot measure that would have built urban towers 20+ stories tall to include 2 MILLION square feet of office, 800 housing units, and half the retail square footage that was included as part of the existing Vall co Mall. The Property Owner's ballot measure was defeated despite a total marketing budget estimated at $7 MILLION. (C) In October 2018, three (3) Council Members approved the 5 legislative documents that would have allowed the Property Owner to build its Vallco Town Center. As stated previously, only one (1) of the three (3) approving Council Members remains on Council today. (D) By the end of October 2018, residents had gathered sufficient referenda signatures to undo the Council approvals of the Vallco General Plan Amendment (16% of voters signed the referendum petition to undo Resolution 18-085), the Specific Plan (14% of voters signed the referendum petition to undo Resolution 18-086), and the Development Agreement (14% of voters signed the referendum petition to undo Ordinance 18-2179). Consider that residents who opposed the urbanization of the Vall co Shopping District site in 2014 have channeled their opposition to unbridled growth into action to bring forward a future plan that will serve the needs and interest of the residents who live here. I encourage Council to follow lawful procedures and timelines to repeal/rescind all aspects of the October 2, 2018 approval of the Val/co Town Center Specific Plan. With unpopular legislation removed, move forward with an independent community engagement process that results in a Specific Plan for the Val/co Town Center site, including: (a) flat, ground-level, public-access parkland as required by the General Plan; {b) inclusive housing--if/when the site is cleared for residential use--that provides at least 15% total below market rate housing, which would be comparable in size and quality with market rate housing and offered equitably to individuals and families with extremely low income, very low income, low income, and moderate income; and (c) other elements as decided through the independently operated community engagement process. Sincerely, Liana Crabtree Cupertino resident representing myself only To tal Co nt ro l Pa n e l To : sscharf@cupertino .org From: li ana crabtree@yahoo.com Remove this sender from my allow list 2 " Cyrah Caburian From: City of Cupertino Written Correspondence Subject: FW: Request to Repeal/Re sc ind Vallco To w n Center Specific Plan, 5/7/2019 City Council . r Meeting From: Eric Schaefer [mailto :sericar7@gmail.com] Sent: Friday, May 03, 2019 11:01 PM To: Steven Scharf <SScharf@cupertino.org >; Liang Chao <LiangChao@cupertino .org>; Darcy Paul <DPaul@cupertino.org>; Rod Sinks <RSinks@cupertino .org>; Jon Robert Willey <JWilley@Cupertino.org> Cc: City Clerk <CityClerk@cupertino.org>; City Attorney's Office <CityAttorney@cupertino.org>; R Wang <RWang@cupertino.org>; Vikram Sa xena <VSaxena@cupertino .org>; David Fung <DFung@cupertino .org >; Kitty Moore <Kmoore@cupertino .org >; Alan Takahashi <ATakahashi@cupertino.org> Subject: Request to Repeal/Rescind Vall co Town Center Specific Plan, 5/7/2019 City Council Meeting Dear Mayor Scharf, Vice Mayor Chao, and Council Members Paul, Sinks, and Willey: Please add my letter to the public record for the 5/7/2019 City Council meeting, Agenda Item 9, "Options Regarding 3 Referendum Petitions Challenging Approvals Related to the Vallco Town Center Specific Plan". It is time to repeal and rescind the Vallco Town Center plan that was challenged by residents in October 2018 by California's referendum process . The Vallco Town Center Specific Plan (VTC) is unpopular with residents who vote, as evidenced by the 2018 council elections . The voters overwhelmingly chose candidates that oppose the VTC plan : -Councilman Darcy Paul was in the minority when he voted against the VTC plan n 2018. Then he received the most votes of any candidate in Cupertino Council history. -Councilwoman Liang Chao was a vocal opponent of the VTC plan and received the 2nd most votes of any council candidate. -Councilman Jon Willey was also a vocal opponent of the VTC plan. Without significant previous exposure in local elections, Willey was preferred over the incumbent Savita Vaidhyanathan. -The three candidates that were proponents of the VTC plan--Mahoney, Wei, Vaidhyanathan--were rejected by voters in 2018. Voters in 2018 were catalyzed by the referenda against the VTC plan. The referenda were enthusiastically embraced by voters, and offer further evidence of the popular rejection of the VTC plan . It's time to put the failed VTC plan behind us and move forward with a plan for Vallco that has broad appeal. Now is the time to prepare the way for a plan that is responsive to all stakeholders and worthy of a vote in the general election of 2020. Repeal/Rescind the following pending Vallco Town Center legislation: Development Agreement (Ordinance 18-2179); General Plan Amendment (Resolution 18-085); and Specific Plan (Resolution 18-086). 1 Because the dependent ordinances (Municipal Code, Ordinance 18-2177; Zoning, Ordinance 18- 2178) cannot be enacted without the General Plan Amendment and Specific Plan that are subject to the referenda effort, initiate the process to repeal/rescind these ordinances also. It's time to move forward. It's time to honor the will of the constituents. Sincerely, Eric Schaefer Cupertino resident Tota l Control Panel To: sscharf{a)cupertino.org From: sericar7{a)!ffilail.com Rem ove thi s sender from my allow list You received this message because the sender is on your allo w list. 2 Cyra h Ca buri a n From: Sent: To: Subject: Dane ssa Techman ski < dane ssa @pa cbell.n et > Saturday, May 04, 2019 12 :4 1 PM St even Sc harf; Li ang Chao; Jon Robert Willey; Darcy Paul ; Rod Sinks 5/7/2019 City Co u n cil meeting , Ag end a Item 9, " Options Regarding 3 Refe rendum Petitions Ch all e ngin g Approvals Rel ated to th e Va llco Town Cent er Specific Plan ". Dear Mayor Scharf, Vice Mayor Chao , and Council Members Paul , Sinks , and Willey: I implore you to support the majority will of our residents by repealing and rescinding the Vallco Town Center Specific Tier II Plan that was clearly opposed by our residents as per their support of the October 2018 Referendum . Our 2018 election results further evidence the unpopularity of the Vallco Town Center Specific Plan (VTC): -Councilman Darcy Paul was in the minority when he voted against the VTC plan n 2018. Then he received the most votes of any candidate in Cupertino Council history. -Councilwoman Liang Chao was a vocal opponent of the VTC plan and received the 2nd most votes of any council candidate . -Councilman Jon Willey was also a vocal opponent of the VTC plan. Without significant previous exposure in local elections , Willey was preferred over the incumbent Savita Vaidhyanathan. Note that the three candidates who were proponents of the Vallco Tier Two Plan, Mahoney, Wei, and Vaidhyanathan were not only rejected by voters , but they also lost a great deal of credibility for siding with the developer and against the residents whom it is their job to support and represent. The 2018 Referenda was a turning point and hallmark that both solidified and clarified resident sentiment about what the public will and will not tolerate at one of the largest developments in Cupertino 's history (beyond Apple ii). The failed charrettes process and the ensuing very unpopular Vallco Tier II plan generated much mistrust and disappointment among ou r residents. This is clearly an opportunity to restore confidence in our City governance and change the course of our City's future . By repealing or rescinding the pending Vallco Town Center legislation : Development Agreement (Ordinance 18-2179); General Plan Amendment (Resolution 18-085); and Specific Plan (Resolution 18 ,.086) we can finally clear the air to move forward with a plan that is more fitting , sustainable, viable, and beneficial to the people who matter the most: our residents . How we move forward with this will be a game changer for the future of our City. It also gives us the opportunity to clean up elements of our General Plan that are grey or deficient in terms of what constitutes park space, tree removal , and most critically our balance of office to housing . Because the dependent ordinances (Municipal Code, Ordinance 18 -2177 ; Zoning, Ordinance 18- 2178) canno t be enacted without the General Plan Amendment and Specific Plan that are subject to the referenda effort, it is imperative that you p lease initiate the process to repeal/rescind those ordinances as well. 1 I see this not as an end, but as a new beginning and a golden opportunity to set things right for the betterment of both our City's and our community 's future. Please add my letter to the public record for the 5/7/2019 City Council meeting, Agenda Item 9, "Options Regarding 3 Referendum Petitions Challenging Approvals Related to the Vallco Town Center Specific Plan". Sincerely, Danessa Techmanski 30-year Cupertino resident T ota l C o ntrol Pa ne l T o : sscharf@cupertino.o rg From: danessa@p ac b ell.n et Remove thi s sender from my all ow li s t You received this m essage because th e sender is on your allow list. 2 Cyrah Caburian From: Sent: To: Cc: Subject: Caryl Gorska <gorska@gorska .com> Monday, May 06, 2019 2:00 PM Steven Scharf; Jon Robert Willey; Liang Chao; Rod Sinks; Darcy Paul Grace Schmidt, MMC; City Clerk Please rescind/ repeal all VTC legislation Dear Mayor Scharf and City Council Members ; Please add my letter to the public record for the 5/7/2019 City Council meeting, Agenda Item 9, "Options Regarding 3 Referendum Petitions Challenging Approvals Related to the Vallco Town Center Specific Plan". The 2018 elections and referenda petitions tell the story: Cupertino residents DON'T want the Vallco Town Center plan. Please repeal or rescind ALL resolutions and ordinances passed by the former city council last year in approving the VTC plan. Like many residents , I want to spend the next year and a half making a plan the community can get behind, NOT impatiently waiting for the 2020 election to vote this one down. Regards, Caryl Gorska 10103 Senate Way Tot;i l C o ntro l Pan el To: jwill ev0l.cu pe rtin o.org From: gorska@gorska.com Remove this sender from my allow list You received this message because the sender is on your allow li s t. 1 Cyrah Caburian From: Sent: To: GEOFFREY PAULSEN <geoffpaulsen@yahoo .com > Monday, May 06 , 2019 9:28 PM City Council Cc: City of Cupertino Planning Commission; Grace Schmidt, MMC; Jean Bedard; Danessa Techmanski ; Sandra James; Cupertino City Manager's Office Subject: Please let the people vote on Vallco. Hello, Honorable members of the Cupertino City Council. I recommend that you give the citizens of Cupertino an opportunity to vote in November 2020 on Vallco. Here's why: 1) In a time when "listening to the people" has become a popular concept (and for good reason), an election will give the people an opportunity to thoughtfully consider all the issues and make a decision through the peaceful and private process of marking their ballots. 2) As the staff report states, it will save money. Best regards, Geoff Geoffrey Paulsen Former Chair, Cupertino Planning Commission Board member, Canopy.org 408/ 480-7509 cell T ota l Co n tro l Pa nel To : citvco un c i l(ci)c upe rti no .org From: geoffp aulsen @yahoo .com Message Score: 10 My Sp am Blocking Level: Custom Blo ck this sender Blo ck yah oo .com This mes s age was delive red because the co ntent filter score did no t exceed your filter level. High (60): Pass Medium (7 5): Pas s Lo w (90): Pa ss Custom (55): Pas s Cyrah Caburian From: Sent: To: Cc: Subject: Dear Council Members : Wynne Dobyns <wdobyn s@jfwmdoby.com > Monday, May 06, 2019 10:03 PM City Council Steven Scharf; Liang Chao; Rod Sinks; Darcy Paul; Jon Robert Willey; Cupertino City Manager's Office; City of Cupertino Planning Commission Referenda regarding the Vallco Specific Plan I will not be able to attend the City Council meeting on Tuesday, May 7, at which you are scheduled to vote on the referenda regarding the Vall co Specific Plan, but I want you to e aware of my opinion in this matter. I am a 35-year resident of Cupertino and I DO NOT favor your rescinding approval of the Specific Plan. We need managed development of the Vall co site, and many Cupertino residents provided their recommendations in developing the various options for the site and diligently reviewed those options before selecting the plan that became the Specific Plan. This is a far more beneficial plan for Cupertino than the state-mandated SB35 Vallco Town Center project. We need more housing and retail in Cupertino . We can work to manage growth, and the Specific Plan includes provisions for more housing, lower building heights , less office space, more retail space, traffic mitigation, bicycle and pedestrian trail improvements, substantial school benefits, and a new city hall. All of this benefits Cupertino and our residents . I favor placing the Plan and its related ordinances before the voters as a ballot measure on the March 2020 primary election. Waiting until the November general election is too long. This issue has already been under consideration and discussion for far too long. We need to approve the Specific Plan and move forward . Respectfully, Wynne Dobyns 10117 Lamplighter Square Cupertino , CA 95014 Tota l Contro l Panel To: jwil lev @ cup ert ino.o rg From : wdobyn s@jfwmdoby.com Message Score: 45 My Spam Blocking Level : Custom Bl oc k this sender Bl ock jfwmdoby .com Thi s mes sage was deli vered becau se th e con tent filter s core did not exceed y our fi lter level. 1 High (60): Pa ss M edium (75): Pass Low (90): Pass Cu stom (55): Pass Cyrah Caburian From: Sent: To: Subject: Chi Yeh <ckyeh@sbcglobal.net> Tuesday, May 07, 2019 6:14 AM City Council Why another referendum of past issue Dear council members, when is the time to stop wasting the community money of keeping the referendum coming back again and again? Growing is the trend of the whole world, please keep in mind -the community could have stopped us coming to Cupertino if they rejected us to come to this city, Cupertino should be still an orchard city if that's what your thought -we should all move out and keep Cupertino as it used to be then! Please stop the referendum proposal ! You want everybody's voice to be heard, my voice is keep our community as peaceful as it used to be, stop wasting our tax money on issues which were passed already! Best, Chi Yeh Sent from my iPhone Tota l Control P,111el To: c itvco unc il(ci)c upe1tino .org From: ckyeh@sbcglobal.net Message Score: I My Spam Blocking Level: Custom Bl ock this sender Bl oc k sbcglobal.net This message was delivered because the content filter score did not exceed your filter level. 1 High (60): Pass Medium (75): P ass Low (90): P ass Custom (55): Pass Cyrah Caburian From: Sent: To: Subject: Dear City Council, Brock Carpenter < brockcarpenter@comcast.net > Tuesday, May 07, 2019 7:00 AM City Council Moving forward on the Vallco Specific Plan I supp01i placing Vallco Specific Plan before the voters as a ballot measure at an upcoming election and strongly urge you to do the same. Since Staff currently recommends the least expensive option at $153,741 for putting the resolutions on the November 2020 general election ballot, we all should support that option to conserve precious city dollars. We must avoid letting the state-mandated SB 35 Vallco Town Center project be built instead of the Specific Plan. The SB 35 Plan is based on the state's priorities and the developer's preference not our citizens' views. The Specific Plan has more housing, lower building heights, less office space, plus traffic mitigation, substantial school benefits, a new city hall, bicycle and pedestrian trail improvements, and more retail space . Sincerely, Brock Carpenter 20776 Greenleaf Drive, Cupertino Total Contro l Pane l To : c itvcounc il (@ c upert ino.org From: brockcarpenter@comcast.net Message Score: I My Spam Blocking Level : Custom B lock this sender Block comcast.net This message was delivered because the content filter score did not exceed your filter level. 1 High (60): Pa ss Medium (75): Pass Low (90): Pass Custom (55): Pass Cyrah Caburian From: Sent: To: Cc: Subject: Importance: With respect, Gary Jones <gjoneshome@yahoo.com > Tuesday, May 07, 2019 10:49 AM Cupertino City Manager's Offi ce; City of Cupertino Planning Commission; City Clerk; Grace Schmidt, MMC; City Council; Steven Scharf; Liang Chao; Rod Sinks; Darcy Paul; Jon Robert Willey cupertino2040@icloud.com Letter for tonight's council meeting Vallco agenda item High My wife Barbara and I submit the request that the council move tonight to put the Vallco Specific Plan to the voters by placing the Referenda on the June 2020 ballot. Respectfully Gary & Barbara Jones, 43 year residents of Cupertino Total Control P,111t'I To : dp au l@c upert ino.org Remove this sender from my allow list From: gjoneshome@yahoo .com You received this message because th e sender is on your allow list. 1 Cyrah Caburian From: Subject: City of Cupertino Written Correspondence FW: The residents have already voted From: Rahul [mailto:rahulvasanth@protonmail.com] Sent: Tuesday, May 07, 2019 10:51 AM To: City Council <CityCouncil@cupertino .org> Subject: The residents have already voted Honorable Mayor and Councilmembers, I am writing to support a complete repeal of the October 12 , 2018 Vallco Town Center legislation (GPA, Resolution 18-085; SP , Resolution 18-086; Development Agreement, Ordinance 18-2179). I also request that Council then begin the process of undoing the dependent ordinances (Municipal Code, Ordinance 18-2177; Zoning 18-2178) contingent on the GPA and VSP . Significant poliions of the voting population of Cupeliino signed the referenda in a matter of weeks. Given more time, the prop01iion would have been much greater. The election itself saw Councilmember Darcy Paul, who spoke and voted against the VTC plan both in 2014 and 2018, re-elected with the highest number of votes any Cupeliino candidate has ever received. Councilmember Liang Chao and Councilmember Jon Willey took strong positions against VTC with Councilmember Chao receiving the second highest number of votes any Cupeiiino Councilmember has ever received and Councilmember Willey defeating an incumbent who suppolied and voted for the VTC plan. Despite the developer spending around $7M in 2016 on marketing, voters r,ejected the ballot measure which included 2M sq ft in office space. The current plan is even worse and exacerbates the affordable housing crisis it claims to solve. The voters have spoken. It would be a "win-win" for the developer--which has repeatedly expressed interest in hearing out the residents and suppoliing the community--for you to Repeal/Rescind Vallco Town Center Specific Plan Approvals. Losing a year and a half until 2020 to waste millions and be rejected once more does not "pencil-out." The signatures and election results are a clear indicator on how Cupeliino residents truly feel. We shouldn't remain frozen in time for a year and a half for residents to once again vote (many signed referenda and voted in a pro-resident majority) to reject a plan that we don't want. Would it not be better to have an open process, accountability, and a chance to vote for something we do want? Let us move forward and begin an independent process of genuine community engagement. Sincerely, Rahul Vasanth Representing myself only. Tora! Co n t r ol Panel To: cirvcouncilcrocupertino.org From: rahuh·asanthla'protonmail.com Message Score: I My Spam Blocking Level: Custom 1 High (60): Pa1.%· Medium (75): l?a.<: Cyrah Caburian From: Sent: To: Subject: Dear Councilman Willey, Lori Ekman <lori.ekman@gmail.com > Tuesday , May 07, 2019 12:13 PM Jon Robert Willey Vallco refe rendum I have really appreciated your integrity and ethical behavior you have exhibited during your time on council so far . It is very refreshing to see this in politics these days and I commend you for this. When you were campaigning this past fall you supported the referendum and your campaign flyer said that you would put it before the the voters to choose in either 2020 or a special election earlier. ' I I Please remain true to the statements and promises that you made during your campaign and vote to put the referendum on the ballot. Let the residents decide . Thank you for all the time you have given our community in trying to make it a better place. I know it can be a time consuming and thankless job. Lori Ekman Resident of Cupertino "A fooli sh con sistency is th e hobgoblin oflittle minds "~Ralph W aldo Emers on Total Control Panel To: jwi ll ey@ cupertin o .org Fro m : l01i .ekman @ gmail.com Message Score: 50 M y Spam Bl ock ing. Level: Cu stom Block th is sender Block gmail.com This message wa s deli vered becau se the content filt er score did not exceed your fi lter le vel. 1 Hi g h (60): Pass M e diu m (75): Pass Low (90): Pass Cu stom (55): Pa ss Cyrah Caburian From: Sent: To: Subject: Vice Mayor Chao, Lori Ekman <lori.ekman@gmail.com > Tuesday, May 07, 2019 1:37 PM Liang Chao Vallco referendum I urge you to uphold your campaign promises tonight and put the referendum on the ballot. As I am sure you are aware, our community is very divided at this time. The best way to mend this divide is to put the referendum on the ballot and let the community decide this . As your campaign flyer promised. 5. RE SIDENTS DECIDE At thn hallo t in 2070 or ;i -;rnr:ia l r.;k,c t ior1 P.,Hli,,r, the voters could choose between a better Vallco plan o r the 2018 mega Vallco Specific plan . You also promised a to let the residents be the drivers . If you truly believe this you will let the referendum go to ballot. I hope you remain true to the promises you made during your election. Integrity is important and honoring your promises would be a sure way to demonstrate your integrity. Thank you, Lori Ekman Cupertino Resident , , , Tra n sparency, evidence-ba se d decision making and fi sca l re spons ibility for equitable so lutions that benefit residen ts an d local bu·sinesses . , , ,, W e, the peopl e -not outsid e forces -should decide wh at w e build. or don't bui ld , in our own city. There is no excuse for toleratinc hy per -c r owth that w i ll permanently burden infras tructur e. • Sc hool overcrowd in g an d traffic conges tion aff ec t our famil y lives every day. Our children depen d on us for qua l ity education and safety. "A foolish consistency is the hobgoblin oflittle minds"~Ralph Waldo Emerson 1 Cyrah Caburian From: Sent: To: Subject: Dear Councilman Darcy, Lori Ekman <lori .ekman@gmail.com > Tuesday, May 07, 2019 1:47 PM Darcy Paul Vallco Referendum On your website you state "I do my best to be honest and responsive to anyone who asks for help." I am writing today to ask for your help in healing our community. Our community has been torn apart by Vallco. By voting to put the referendum on the ballot you would be taking great strides in helping to heal our community . In allowing the referendum go to the ballot everyone would get to feel like their voice is heard. I am of the belief that residents not feeling like they have a voice is what is causing this divide in our community. Residents getting to be able to vote and have their say will lead to healing within our community. Please vote to have the referendum on the ballot and let the healing begin. Thanks, Lori Ekman Cupertino Resident "A foolish consistency is the hobgoblin of little minds"~Ralph Waldo Emerson Total Control Panel To: dpaul @ cuperti no .org From: lori.ekman@ gmail.com Message Score: I My Sp am Blocking Level: C ustom Block thi s sende r Block ginail.com This message was de li vered because the content .fi lt er score did not exceed your fi lter level. 1 High (60): Pa ss Medium (75): Pa ss Low (90): Pass Cu stom (55): P ass Cyrah Caburian From: Sent: To: Subject: Mayor Scharf, Lori Ekman <lori.ekman@gmail.com > Tuesday, May 07, 2019 2:03 PM Steven Scharf Vallco referendum I urge you to vote to put the referendum on the Ballot. Our community is divided and the best way to heal this divide is to let residents have a voice and decide the fate of the Vallco Specific Plan. Thanks, Lori Ekman "A foolish consistency is the hobgoblin oflittle minds".,..,Ralph Waldo Emerson Tota l Co n trol Pan el To: s scharf(al,cupertino.org From: lori .ekman@ gmail.com Rem ove thi s sender from my allow list You received this m ess age bec au se th e sender is on your allow list. 1 ATTOOOOl Dear councilman sinks, I urge you to vote in favor of putting the vallco referendum on the ballot. Thank you, Lori Ekman Cupertino Resident "A foolish consistency is the hobgoblin of little minds"~Ralph Waldo Emerson Page 1 Cyrah Caburian From: Sent: To: Subject: Follow Up Flag: Flag Status: To Whom it may concern, Lori Ekman <lori.ekman@gmail.com > Tuesday, May 07, 2019 2:13 PM Cupertino City Manager's Office; City of Cupertino Planning Commission; City Clerk Vallco referendum Follow up Flagged I am wliting to urge the city to put the Vallco referendum to ballot. Referenda is a direct vot e in which an entire electorate is invited to vote on a particular proposal. The entire electorate should get to make this decision not just the council. Thank you, Lori Ekman Cupertino Resident "A foolish consistency is the hobgoblin oflittle minds"~Ralph Waldo Emerson Total Control P;1n el To: c itvc lerk(a),c up ert ino.o rg From : lori .ekman@ gmail.com Message Score: I My Spam Blocking Level : Custom Block this sender Bl ock gmail.com This mes sage was delivered because the content filter score did not exceed your filter level. 1 High (60): Pw s Medium (75): Pa ss Low (90): Pa ·s Custom (55): Pass Cyrah Caburian From: Sent: To: Subject: Liz Mulford <lmulford@pacbell.net> Tuesday, May 07, 2019 2:14 PM Steven Scharf; ljanchao@cupertino.org; Rod Sinks; Darcy Paul; Jon Robert Willey; Cupertino City Manager's Office; planningcommission@cupertino.or; Grace Schmidt, MMC; City Council Development of Vallco As a 3 8 year residents of Cupe1iino, I strongly urge you to support the General Plan Amendment, and the Specific Plan to allow the development ofVallco in accordance with the previous agreement between Sand Hill and the City. Having participated in several sessions, I know all the thought and expe1iise that were brought to bear on the decision. To allow a small group to cost us anything in legal fees (and I am a retired lawyer!) is simply to waste money which would be far more wisely spent on other things-such as development more housing to serve the needs of all segments of our community. Respectfully, Liz Mulford, 10366 Tonita Way, Cupertino Total Control Panel To: ss charf(a),cupertino.org From: lmulford@ pacbell.net Message Score: I My Spam Blocking Level : Custom Block this sender Block pacbell.net This message was deli vered beca us e th e content filter score did not exceed your filter level. 1 Hi gh (60): Pa s Medium (75): Pa s Low (90): Pa ss Custom (55): Pa ss Cyrah Caburian From: Sent: To: Subject: Dear Council Members, Lori Ekman <lori.ekman @gmail.com > Tuesday, May 07, 2019 2:20 PM City Council Vallco Referendum I am writing to urge the city to put the Vallco referendum to ballot. Referenda is a direct vote in which an entire electorate is invited to vote on a particular proposal. The entire electorate should get to make this decision not just the council. Thank you , Lori Ekman Cupertino Resident "A foolish consistency is the hobgoblin of little minds"~Ralph Waldo Emerson Total Control Panel To: citycounci l@cupertin o.org From: lori .ekman@gmail.com Message Score: I My Spam Blocking Level: Custom Block this sender Block gmail.com This message was delivered because the conten t filter sco re did not exceed your filter level. 1 High (60): Pass Medium (75): Pass Low (90): Pa C ustom (55): Pas Cyrah Caburian From: Sent: To: Subject: Dear City Council: Connie Cunningham <cunninghamconniel@gmail.com> Tuesday, May 07, 2019 3:03 PM City Council Item 9 Vallco-Vote March 2020 Of the choices available, the Option to choose March 2020 will give you supp01t of Cupe1tino voters in your final decision. At a reasonable price. The Million dollar option would cost you funds that many constituents would like for urgent city needs like safety, traffic, and bicycle paths. Sincerely, Connie Cunningham Total Control Pan el To: cityco unc il (a),cup ertin o .org From: cunninghamconniel@gmail.com Message Score: I My Spam Blocking Level : Custom Bl ock this sender Bl ock gmail.com This message was delivered because the content.filter score did not exceed your filter leve l. 1 High (60): Pa ss Medium (75): Pa ss Low (90): Pass Custom (55): Pass Cyrah Caburian From: Sent: To: Subject: Joe Cleaver <joepacleaver@gmail.com > Tue sday, May 07, 2019 3:41 PM City Council Vallco I'm a concerned Cupertino citizen and urge you to suppo1i with yo ur vote on the Vallco specific plan. There is too much to lose , by ignoring its value to Cupertino. Joe Cleaver 22105 Dean Court; Cupertino (408) 838-5982 T ota l Co n tro l Panel To: cityco un cil (@cu pertino .o rg From : joepacleaver@gmail.com Message Score: I My Spam Blocking Level: Custom Block this sender Block gmail.com This message was delivered because th e content filter score did not exceed your filter level. 1 High (60): P ass Medium (75): P a Low (90): Pas s Custom (55): P as s Cyrah Caburian From: Sent: To: Tom Scanne ll <tscannel l0l@earthlin k.net> Tuesday, May 07, 2019 3:43 PM City Council Cc: Subject: Cupertino City Manager's Office; City of Cupertino Planning Commission; City Clerk Agenda Item #9 To the members of the City Council As a close to 40 year resident of Cupertino, I cannot think of a single agenda item as ciitical to the future of our City than agenda item #9 tonight. I am wiiting you to support the putting of the Vall co Specific Plan resolutions to the voters of Cupertino. Too much community effort was put into these and it is too ciitical of an issue to simply be reversed by a vote by The City Council. I also fear that if they are simply reversed it will result in the developer being able to equally simply impose their SB35 plan on the City · I also support putting it on the ballot in the March 2020 piimary election. This appears to be the low cost solution and gives enough time for the issues to be thoroughly vetted amongst the voters of Cupertino. Tom Scannell 10208 Cass Place foul Cont rol Pane l To: citvcou ncil @ c up e rtin o.o rg From: tscannel!O l @ earthlink.net Message Score: 1 My Spam Blocking Level : Custom Bl oc k this sender Bl oc k earthlink.net This message was delivered because the content filter score did not exceed your filter level. 1 High (60): Pass Medium (75): Pass Low (90): Pass Custom (55): Pa ss Cyrah Caburian From: David Fung <dfung@symian.com > Tuesday, May 07, 2019 3:40 PM Sent: To: Cc: City Council; Steven Scharf; Liang Chao; Rod Sinks ; Darcy Paul ; Jon Robert Willey; City of Cupertino Planning Commission; Cupertino City Manager's Office; City Clerk David Fung Subject: Approve a VOTE on the Vallco Specific Plan Dear Council and Staff - I'm writing to ask that you place the Vallco Specific Plan elements contested by referendum before the voters in an upcoming election, Item #9 on your agenda tonight. I cunently serve as a member of the Planning Commission, but I'm speaking in this message as a 33-year involved resident and voter in Cupertino . There are a number of reasons why putting the Vallco Specific Plan to a vote is your only real choice : 1. The referendum was brought forward under the claims of its proponents that a decision by only 5 people -even though they were duly elected and met all governmental standards granting the approval -could not render an equitable decision in a divided community. Today, the community continues to be divided on this issue, and the only difference today are the names of the Council members. It is hypocritical to say that the situation is different today, especially if you are newly elected to the Council based on a campaign that that challenged our elected officials'•right to approve the Vallco Specific Plan. 2. The qualification level to bring a referendum to voters is only 10% of registered voters ; the final signature levels represented 14-16%. There is no realistic conclusion that can be drawn conelating the referendum signers to a majority of the general electorate. Signature collection fo r the referendum occuned during height of the high-turnout Nov 2018 election, when there were 29,914 total voters. Both Liang Chao and Jon Willey campaigned in opposition to the Vallco Specific Plan approval, yet the referendum signature numbers reflect only HALF the number of votes cast fo r Chao. The only way to know the true motivations of the voters on this issue is to let them vote. 3. The last time the issue ofVallco redevelopment was before the voters was in Nov 2016 with the competing Measures C and D . Both those measures differ from the question of the Vallco Specific Plan approval today, but qualitatively, this measured the public's sentiment on a large-scale mixed-use redevelopment at Vallco vs . no redevelopment action which does correlate to the current situation. In the 2016 election, Measure D supporting Vall co redevelopment received more than + 10% more votes than Measure C opposing redevelopment, so it's clear that voters considered what was before them and made a choice for redevelopment. There is no fact-based reason to believe the situation is different today. Some would argue that there were active campaigns on both sides to influence the decisions of voters . This , of course , will also happen heading into a future referendum vote. Allowing advocates to 1 promote their viewpoints leading in to an election is as much a part of the process as allowing the voters to decide, and is why you should put the VSP up to public vote. 4. The claims about the cost of election being a factor are not legitimate. The estimated cost of a public v ote on VSP in 2020 ran from $153,741-$185,223. This pales in comparison to the approximately $1.8 million already spent on the development and approval of the Vallco Specific Plan. Should the VSP be rescinded, there will be additional major costs in development of an alternative plan -and with calls that that be an "independent" specific plan that is not reimbursed by the property owner, this can be a $ lM+ expense to the taxpayers . While hardly trivial, the cost of an election time is minimal in the overall program cost and the only way to detennine the real sentiment of the people. As a further benchmark of cost, I will note that the cost to taxpayers in the unsuccessful legal challenge of the election booklet verbiage was over $225,000. The cost of democracy was not cheap, but necessary, both in then and now. The choice before you is simple . There is simply no way to know what the public's opinion is on this issue without holding an election. As our duly elected representatives, you have a chance to recognize a genuine divide in the community and your responsibility to represent ALL voters . That can only happen when the Vallco Specific Plan is put to a vote. Thank you, David Fung Tota l Control P an e l To: citvcouncil (a)cupertin o.org From: dfung .filter@gmail.com Remo ve this sender from my allow list You received this mes sage because th e sender is on your allow list. 2 Cyrah Caburian From: Sent: To: Cc: Subject: Importance: Follow Up Flag: Flag Status: With respect, Gary Jones <gjoneshome@yahoo .com > Tuesday, May 07, 2019 10:49 AM Cupertino City Manager's Office; City of Cupertino Planning Commission; City Clerk ; Grace Schmidt, MMC; City Council; Steven Scharf; Liang Chao; Rod Sin ks; Darcy Paul; Jon Robert Willey cupertino2040@icloud.com Letter for tonight's council meeting Vallco agenda item High Follow up Completed My wife Barbara and I submit the request that the council move tonight to put the Vall co Specific Plan to the voters by placing the Referenda on the June 2020 ballot. Respectfully Gary & Barbara Jones, 43 year residents of Cupertino 1 Cyrah Caburian From: Sent: To: Subject: Hello Council of Cupertino, Eleanor Chan <e 1eanorchan6@yahoo.com> Tuesday, May 07, 2019 4:17 PM City Council Agenda item #9 I was made aware that you are planning to vote to throw away all the work the Community did working on the Vallco plan because of your friends at Better Cupertino. There were many more residents working many hours with the developer making suggestions and tweaking the plan to come up with something for everyone. Doesn 't that count for anything? This project is not for you to decide. And it is not for BC to decide. So, it is in the best interest of the City of Cupertino to let the residents decide by placing the item on the March 2020 ballot. Thanks. Eleanor Chan Sent from my iPhone Tota l Contr ol Panel To: c ityco un c il @cup e1t in o .o rg From : e1eanorchan6@yahoo.com Message Score: I My Spam Blocking Level: Custom Bl ock this sender Bl ock yahoo.com This message was delivered because th e content filter score did not exceed your filter level. 1 High (60): Pas s Medium (75): Pass Low (90): Pass Custom (55): Pa Cyrah Caburian From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: David Roi nick < daverol @sbcglobal.net > Tue sday, May 07, 2019 4 :2 3 PM City Council; Steven Scharf; Liang Chao; Darcy Paul ; Rod Sinks ; Jon Robert Willey City Clerk ; Cupertino City Manager's Office Vallco Specific Plan Initiatives Follow up Flagged Members of the Cupertino City Council, I urge you to vote to place the three initiatives regarding the Vallco Specific Plan on the ballot in March 2020. Bette r Cupertino campaigned on allowing a vote of the citizens. This pledge should be honored . It is also important to have a vote before it is too costly for Sand Hill Properties to do anything else other than build their 5B35 plan . Regards, David Rolnick Total Control Panel To : c itycl erk@c upe1i in o.org From : daverol@ sbcglobal.net Message Score: I My S pa m Bl ocking Level: Custom B lock this sender B lock s b cglobal.net This message was deli vered because th e content filter score d id not exceed y our filter level. 1 High (60): Pa s Medium (75): P ass Low (90): Pass C usto m (55): Pass Cyrah Caburian From: Sent: To: Subject: Cupertino ForAII <cupertinoforall@gmail.com> Tuesday, May 07, 2019 4:48 PM City Council; City Clerk; Cupertino City Manager's Office; Jon Robert Willey; Darcy Paul; Steven Scharf; Rod Sinks; Liang Chao Public Comment for 5/7/2019 Council Meeting, Agenda Item 9 Mayor Scharf and members of the City Council , I write to you on behalf of Cupertino for All , a grassroots organization of Cupertino residents and neighbors that advocates for a more sustainable, equitable, and vibrant Cupertino . Today we ask that you honor past campaign pledges and public statements, and the referenda themselves (see attachment at end), by setting the Vallco referenda before the voters at the earliest reasonable opportunity. As our city council, you act in the best interests of the whole city. You're all well aware that the Vallco issue has divided this community for years, and it's time to give our city the opportunity it needs to put this behind us and to heal. That can only happen if we allow the entire community to choose. As I've said before in public comment, the 15% of voters who signed the referenda do not constitute a majority-allowing them to decide for the rest ofus will only widen the divide . Given how important this is, we should do everything we can to mitigate the possibility of the vote happening after project-specific work ha s already begun at Vallco . That would render the vote meaningless , and we think that's a waste of everyone's time and money. That said a special election costs far too much . We believe the best choice here is to set the referenda to the ballot for March 2020 . Holding it then instead of November recognizes the urgency ofresolving this as soon as possible, while keeping costs reasonable . If the city can justify spending $15,000 on Vice-Mayor Chao's property appraisal so she could vote on Vallco, the city can justify the cost of the March election so its voters can vote on Valko. And ultimately, $30,000 is a small price to pay for community healing and for democracy. Marie Liu -Chair Cupertino For All An example of a referenda flyer calling for a vote . 1 The only way to put Vallco to a pubilic v1 1. WHAT IS A REFERENDUM? A referendum ·~ .:i t i nie-ho r ·)red t rad i,i on in Ca liforn •,a pol it ics ,i.:•t'itt en i!1l o l~i,: Cal ifomia Constitution to provi de '. .. -~ n Li c h -neede d chtc k-and-balance \/'.'hen the p l b lic is f r us t rated b :; an L.r,r e soo nsi1,,,·e o ver nm ~nt )owerhd e!ite s. T h e referendu m would pu t 21 ci ty cour16 l ( C I ' ' ~ . • • ~ ca ,not _t ra y t'.)c ,a·, co m ,nt0; ma1or1ty o i vot er;. ,:,;1s 11e;;_ 2. HOW I CAN SUPPORT IT? SIGN : C u pe r t inc Rr::g i,t ered ViJte ,s ~·)eas e s,si' '11 ' L::,u, ptt i ti ons ·'.RE D . , GR EE . BLU E'• ;n O -:;:c-b-2r ,r· .-,:::,r ·_ -~-f C. uperti no ~i br,,ry. R. dc r to ww~t~rcupertino .c,-9 fo - u p dat@d ir'.ro rmat ion . DONATE t o h elo t h e refr:re nd ui-n at J www. bett ~, ,·cupertino. org /donate '-•1"11. ■ I • ._ ·~-.. ..-• - 2 3. WHAT IS THE NEXT 51 Aft e r V'/e collec t the require d n um ber Cu pen ino vote rs) for .all 4 d ocunt ent; P lan vv·i tl b e vo t e d on i n a f utu re e l ec ti < res id en t s wil l h ave a chance to vo t e to the plan. It cou ld 2.lso )e adop t ed b y ( THE TRUTH ABOUl VALLCO SPECIFIC Pl • Do tible o r even tr ip le t h e traffic, • 7,ooo ~-10 ,000 add e d wor kers • 7,800 new res idents (in 2.668 ~ • l .d.~storv buadines tower i n o Over W I ~~ .::,: ou r n e 1g h!::-'='~h ,:,r:,,·J ( • No rea l park -j us t co ncrete pla: with a L-·4 •acre lavm a rea • Only 400 ,000 sq. h. of retail (1 \.'Vestgate Va ll ey Fair will hav e 1 r • No free parking , causing peo p le · n eigh bo rhoo ds ONLY DARCY PAUL . STEVEN SCHARF VC Thi s aggress iv e Valko plan p ass ed c. Council on Se p te n"'lbe r 19 t h, with R Chang and Sa vita Va ic l,ya nath a 1 v< Cyrah Caburian From: Sent: To: Subject: Fredi Whiteside <frediwhiteside@gmail.com > Tuesday, May 07, 2019 5:01 PM City Council; City Clerk; planningcomission@cupertino.org Valeo Development It is important for all CUPERTINO residents to give input on the Vallco Specific Plan which is a community driven plan. The city council needs to place this issue for vote on the March 2020 ballot. This is the least expensive option to give all residents a voice. Please do the right thing. Total Control Panel To: cityco un c il@c up ertin o.o rg From: frediwhiteside@grnail.com Message Score: I My Spam Blocking Level: Custom Bl ock this sender Bl ock grnail.corn This message was delivered because th e content filter score did not exceed your filter level. 1 High (60): Pass Medium (75): Pass Low (90): Pa Custom (55): Pas