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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