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Exhibit CC 04-19-2016 Oral CommunicationsRESOLUTION NO. 16-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE BALLOT QUESTION FOR THE CUPERTINO CITIZENS' SENSIBLE GROWTH INITIATIVE AND AMENDING RESOLUTIONS 16-028 AND 16-029 WHEREAS, on March 31, 2016, the City Council accepted a report prepared pursuant to Elections Code Section 9212 ("9212 Report") on the Cupertino Citizens' Sensible Growth Initiative 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" (hereafter "Initiative"); and WHEREAS, on March 31, 2016, the City Council adopted Resolution 16- 028, 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 Valko 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 the Consolidation of the Election and to Render Specified Services to the City of Cupertino Relating to the Conduct of the Election; and WHEREAS, on March 31, 2016, the City Council adopted Resolution 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; and WHEREAS, both Resolution 16-028 and 16-029 contain the proposed ballot question for the Initiative as follows: Resolution No. 16-032 Page3 SECTION 2. That Resolution 16-028 and Resolution 16-029 remain unchanged in all other respects. SECTION 3: That Resolution 16-030 relating to the Initiative also adopted on March 31, 2016, is not changed by this Resolution. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 5th day of April, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Chang, Sinks, Wong Vaidhyanathan, Paul None None APPROVED: r-;r/ ( ~ JI;! Grace Schmidt, City Clerk c:: California Secretary of State has just published the list of “June 7, 2016 ballot measures in California” which can be seen online at http://www.sos.ca.gov/elections/upcoming-elections/june-7-2016-presidential-primary-election/ One can easily find on this list many of these initiatives introduced by various citizen groups to be very similar to the initiative sponsored by the Cupertino residents, known as CCSGI . Yet, our council has flatly rejected the request, on March 1st, to place CCSGI on the June ballot, based on the recommendation of the city attorney who took upon himself to swap a key word in the municipal code (Section § 2.04.005) to form a legal opinion to delay the election date for CCSGI to November 2016. The mayor expressed his unhappiness that the city has had to spend some tax dollars to defend this misconstrued recommendation that now turns out to be a huge LIE ! Next, I would again remind the council that the council and the city staff are here to serve the public, not actively promote or assist development projects. You must remain impartial at all times. Unfortunately, the evidence shows that the Council betrayed the citizens by changing the “ballot label ” of the Cupertino Citizens Sensible Growth Initiative (also known as CCSGI ) to mislead voters to comply with the request from the attorney working for the developer for converting the Vallco site to an office park, which is Sand Hill Property, at the last minute in a closed meeting, while ignoring the letter and intent of Elections Code Section 9051(c). The “ballot label ” was supposed to be a condensed version, in 75 words, of the original 500-word “ballot title and summary ” issued by the city attorney. The council has no authority to alter or enhance it according the state election law. Furthermore, the misleading amendment was done without timely notifying the CCSGI sponsors as previously requested in writing. And, the unlawful alteration of the “ballot label ” was done in a special meeting suggested by Councilman Wong and ordered by Mayor Chang without sufficient public notice and circumvented the Ralph Brown Act. Even though the “ballot label ” was inappropriately altered by the city attorney after he substituted the wording of “ballot title and summary ” with “ballot label ” in the Elections Code Section 9051(c) as a falsified legal base for this illicit purpose, the ultimate responsibility of wrongdoing remains with the council which passed the distorted “ballot label ” despite the objection and advice of the “CCSGI ” supporters. This serious violation that would negatively affect the November election was made by only three votes on the Council. That is exactly why CCSGI was introduced in the first place because voters should be allowed to have a say about important issues like this and, of course, the direction of growth in our city. Mayor Chang has continuously demonstrated his pattern of abusive behavior and discontent toward the public and other council members. Even when corrected by other council members and staff members, he persisted in these defamatory comments without remorse or contrition. Mayor Chang has failed to fulfill his fiduciary duty to Cupertino citizens. He started to run for State Assembly only six months after being sworn-in, and used his position in Cupertino to solicit large campaign contributions from developers, construction companies and real estate brokers who will benefit from his actions on the City Council. It is the right and duty of the voters to recall elected officials when they do not represent the voters. It's important for the elected officials to listen to the people and supervise the staff members, instead of rubber-stamping misguided recommendations made by incompetent individuals. With greatest regret and a heavy heart, I hereby represent a group of several hundred Cupertino residents to announce that we are filing a Notice of Intention to recall Mayor Chang today. Mr. Chang you have been officially served. Thank you for your attention. Elections Code 9051 Cupertino Citizens’ Sensible Growth Initiative (CCSGI) CCSensibleGrowth.org Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381 645 CCSGI encourages developers to follow the law (General Plan)! Did the ballot question for CCSGI follow the law (Elections Code)? Cupertino Citizens’ Sensible Growth Initiative (CCSGI) CCSensibleGrowth.org Cupertino Citizens’ Sensible Growth Initiative (CCSGI) CCSensibleGrowth.org Page 5 of the CCSG Initiative states clearly: “Policy LU -3.0: Community Form The maximum heights and densities for the special areas shown in the Community Form Diagram (Figure LU -1) shall not be exceeded . Outside of the Special Areas shown in Figure LU -1, building heights may not exceed 45 feet.” Page 6 of CCSG Initiative Community Form Diagram (Figure LU-1) Shall an initiative ordinance be adopted amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights along major mixed-use corridors, increase to 45 feet maximum building height in the Neighborhoods, limit lot coverages for large projects, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions? Version C (false argument, partial, prejudicial ) Cupertino Citizens’ Sensible Growth Initiative (CCSGI) CCSensibleGrowth.org The Election Code 9051 states that the 75-word ballot question (namely "ballot label") "shall be a condensed version of the ballot title and summary" and the City Attorney "shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure." Evolution of Ballot Question for CCSG Initiative CCSensibleGrowth.org Version A: City Attorney’s Ballot Question in March 31 Meeting packet Sand Hill letter 1 from Nielsen, Merksamer, Parrinello, Gross & Leon, LLP. Version B: Amended Ballot Question adopted on March 31 with 5-0 vote Version C: Twice Amended Ballot Question adopted on April 5 with 3-2 vote Sand Hill letter 2 from Morrison & Forester, LLP. Mysterious Special Meeting? Version A (true, impartial, not prejudicial) CCSensibleGrowth.org Shall an initiative ordinance be adopted 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? Shall an initiative ordinance be adopted amending Cupertino’s General Plan to limit redevelopment of the Vallco Shopping District, limit building heights along major mixed-use corridors, increase to 45 feet maximum building height in the Neighborhoods, limit lot coverages for large projects, establish new setbacks and building planes on major thoroughfares, and require voter approval for any changes to these provisions? Version C (false argument, partial, prejudicial ) Cupertino Citizens’ Sensible Growth Initiative (CCSGI) CCSensibleGrowth.org Your Conscious Play Fair People’s Trust Cupertino Citizens’ Sensible Growth Initiative (CCSGI) CCSensibleGrowth.org Adopt Version A to comply with EC 9051 More Information: CCSensibleGrowth.org Questions: CCSensibleGrowth@gmail.com Cupertino Citizens’ Sensible Growth Initiative (CCSGI) GET INVOLVED Protect Our Quality of Life Before It’s Too Late. DONATE