Friday, April 29, 2016

Amend the Ballot Question of CCSG Initiative to Comply with Elections Code




Here is the address to email City Council: CityCouncil@cupertino.org.

Please request the Council to amend the ballot question for CCSG Initiative to comply with Elections Code to be a "true and impartial statement of purpose" and not "likely to prejudice" voters against the CCSG Initiative. Until 4 pm today, April 29, 2016, the City can still amend the regular May 3rd City Council meeting agenda to add an item to amend the ballot question for the CCSG Initiative and remove the deceptive language. After 4 pm today and until 4 pm on Monday, May 2, 2016, the City can amend the ballot question for the CCSG Initiative if the City Council chooses to call a 9 pm City Council meeting to immediately follow the regular City Council meeting on May 3rd.
It would be an expensive embarrassment for Cupertino if the City Council must be compelled to comply with the Elections Code through a lawsuit, especially when their March 31 and April 5 decisions regarding the ballot question language contradict the text of the CCSG Initiative and the content of the General Plan amendment that this sitting City Council approved in  October 2015 (Resolution 15-087). Unless the City Council acts now to repeal the deceptive language they introduced into the ballot question during the March 31 and April 5 City Council meetings, the Taxpayers will pay to undo the City Council's poor decisions in the courtroom. Both City Attorney Mr. Hom (on April 5) and the City's outside counsel Mr. Perlmutter (on March 31) recommended against putting "increase building heights" in the ballot question of CCSG Initiative because introducing prejudicial language about building heights would likely not be considered compliant with Elections Code 9051. 


Supporters of CCSG Initiative are encouraged to donate to fund the necessary legal actions to ensure that the City Council follows Elections Code 9051.  Donate at http://tiny.cc/ccsgi-donate

Home Page: CCSensibleGrowth.org and BetterCupertino.org
Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381645. 


Thursday, April 28, 2016

Request to Put CCSGI ballot question on May 3rd Council Meeting Agenda

CCSensibleGrowth.org

CALL FOR ACTION: Email CityCouncil@cupertino.org
Write to the City Council to request to put the reconsideration of the ballot question for CCSG Initiative on the May 3rd Council Meeting agenda. The Council can still amend the meeting agenda by 4 pm on Friday April 29 with 72-hour notice or call a 9 pm special meeting with 24-hour notice.
(Scroll down for a letter from CCSG Initiative Committee to City Council with the request.)

The deceptive ballot question for CCSG Initiative should be amended as soon as possible to save the City from a potential lawsuit by residents because the Council did not follow Elections Code 9051:

Elections 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."

The ballot question adopted on April 5 is clearly meant to prejudice the voters against the CCSG Initiative and the ballot question is based on the false interpretation in the 9212 report, which ignored crucial information in the initiative text. The adopted ballot question is not a true and impartial statement of purpose; thus it does not comply with Elections Code 9051.

CCSG Initiative Maintains Existing Building Heights in All Areas, Including Neighborhoods (30 feet).


Ever wonder whoever claims that Cupertino Citizens' Sensible Growth (CCSG) Initiative increases building heights refer to the Elections Code 9212 Report, not the text of the CCSG Initiative. In fact, the text of the CCSG Initiative is clear and precise on building heights: The special areas shown in Figure LU-1 (including Neighborhoods) shall main existing building heights. But EC 9212 Report completely ignored Figure LU-1, referenced and included explicitly in CCSG Initiative text.

More in blog: 
Fact Sheet: CCSG Inititave Maintains Existing Building Heights, incl. Neighborhoods (30 feet)

Fact Sheet: Ballot Question for CCSG Initiative Violates Elections Code 9051

Home Page: CCSensibleGrowth.org and BetterCupertino.org
Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381645.


---------- Forwarded message ----------
From: CRSZaction <crszaction@gmail.com>
Date: Thu, Apr 28, 2016 at 8:07 PM
Subject: Request to put CCSGI ballot question on May 3rd Council Meeting Agenda
To: City Council <citycouncil@cupertino.org>
Cc: City Clerk <CityClerk@cupertino.org>, David Brandt <davidb@cupertino.org>



Dear Mayor Chang and Councilmembers,

Here is a request to put CCSGI ballot question for re-consideration on May 3rd Council Meeting Agenda. You can still amend the agenda by 4pm Friday April 29th with 72 hour notice or call a special 9 pm meeting with 24 hour notice.

The text of the Cupertino Citizens' Sensible Growth (CCSG) Initiative should be the basis of any discussion on CCSG Initiative. Once CCSG Initiative is adopted, the text will become the law, not any interpretation in the EC 9212 Report or Sand Hill’s attorney letters.

The 9212 Report made a very significant mistake since it changed the wording in Policy LU-3.0 by removing the phrase "shown in Figure LU-1" and derived the false conclusion that CCSG initiative would change building heights of Neighborhoods from 30 feet to 45 feet. The false interpretation of 9212 Report was the basis of your decision on April 5. (See the slide included below for details.)

Furthermore, the ballot question adopted does not comply with Elections Code 9051.

Elections 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."

The 9212 Report or any attorney's interpretation of the CCSG Initiative is simply an opinion. Such an opinion has no place in the ballot question at all, since it's not a "statement of purpose" as written in the initiative text. Such an opinion belongs in the Arguments and Rebuttals section, not the ballot question.

We trust that the Council value the importance of following Elections Code and value the importance for voters to know the true intent of the CCSG Initiative, as required by the Elections Code. We hope that.

Both the City Attorney and the outside counsel Mr. Perlmutter said they don't feel comfortable with the ballot question you adopted on April 5, which states that CCSG Initiative would increase building heights. Both of them referred to Elections Code 9051when they made the recommendation against using the word "increase".

Cupertino citizens are watching. We believe that Cupertino City Council would represent the people and do the right thing. Please do not waste taxpayer money to defend the city from a potential lawsuit from residents to request the City to adopt a true and impartial ballot question, as required by Elections Code 9051. Please prove to Cupertino citizens that the Council can be trusted to make good decisions.

We urge the Council to put the ballot question of CCSG Initiative on a future City Council meeting agenda for discussion as soon as possible to relieve any distrust and confusion from the citizens. 

There is still time to amend the May 3rd regular Council meeting to add one more agenda item if you act by 4pm Friday April 29. The Council may also call a 9 pm special meeting scheduled right after May 3 regular Council meeting, as you've done for the April 5 9 pm special meeting.


Sincerely,

Committee supporting Cupertino Citizens' Sensible Growth Committee

CCSensibleGrowth.org
Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381645.
-------------------------------------------------------------


The EC 9212 Report never referenced Policy LU-3.0 of the CCSG Initiative in full when discussing building heights of Neighborhoods. Therefore, it is not possible for the reader to recognize the mistake or misinterpretation when the report conveniently dropped an important restrictive subordinate clause “shown in Figure LU-1.”

Page 5 of CCSG Initiative: “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.”

Figure LU-1, as included in Page 6 of the CCSG Initiative, shows “Neighborhoods” under a list of special areas and a box showing the maximum height in the Neighborhoods as 30 feet. This Figure LU-1 comes from the most recent General Plan Amendment, adopted on Oct. 20, 2015, without any change. 

Policy LU-3.0 carefully put “shown in Figure LU-1” in both the first sentence and second sentence as a “restriction subordinate clause” so that the “special areas” referenced include Neighborhoods, according to Figure LU-1. Therefore, Neighborhoods would maintain the existing height of 30 feet under CCSG Initiative. Mr. Perlmutter, the attorney prepared EC 9212 Report, interpreted Policy LU-3.0 by removing “shown in Figure LU-1”. And they draw the description of “Special Areas” from other pages in the General Plan instead. An apparent mistake!

Here is the false argument from EC 9212 Report:

Perhaps the most significant of the Initiative’s amendments regarding standards is the provision in the proposed new Policy LU-3.0 that increases maximum building heights for the bulk of the City. Specifically, the second sentence of this Policy (on page 5 of the Initiative) provides that “[o]utside of the Special Areas shown in Figure LU-1, building heights may not exceed 45 feet.”

The only areas of the City that are “outside of the Special Areas” are the City’s Neighborhoods, which comprise approximately three-quarters of the City’s land area. Both the adopted General Plan and the City’s Zoning Ordinance establish a maximum height limit of 30 feet (or less) for the Neighborhoods. Accordingly, this provision of the Initiative increases the maximum height limit in Neighborhoods by fifty percent (50%) from 30 feet to 45 feet.

Notice that “Special Areas shown in Figure LU-1” in the first paragraph (above) is replaced by only “Special Areas” in the second paragraph. Then, the report referenced to “Special Areas” defined elsewhere to argue that Neighborhoods is not one of the Special Areas. The two letters from Sand Hill's attorneys are based on the same false interpretation and ignored Figure LU-1, which was referenced and included explicitly in the CCSG Initiative.

Policy LU-3.0 in the CCSG initiative text is very clear and precise. The policy uses the phrase “Special Areas shown in Figure LU-1”, not simply “Special Areas,” in both the first and the second sentences. Therefore, the interpretation of Policy LU-3.0 given in EC 9212 Report is false. The CCSG Initiative maintain existing building heights in all special areas, including Neighborhoods. The height of Neighborhoods is maintained at 30 feet as specified in Figure LU-1.

REFERENCE:


-- 

Saturday, April 23, 2016

Informational Meeting - This Sunday 2 PM to 4 PM and How to Revoke Signatures


Announcement: Informational Meeting, the CCSG Initiative Does Not Change Building Heights in Cupertino

 
When:            Sunday, 24 April 2016, from 2 PM to 4 PM
Location:       Dilworth Elementary School site, Waha Montessori School, Room 22
                       1101 Strayer Dr, San Jose, CA 95129
Note:              Waha Montessori School is accessible on the Dilworth Elementary School site from Tompkins Drive (northwest corner of the Dilworth school site)
 
Get your questions about maximum building heights in Cupertino answered at the informational meeting this weekend. We will show you why the CCSG Initiative does not change building heights in Cupertino, no matter what false language the City Council injected into ballot question for the CCSG Initiative on March 31 and April 5. 

Also come and find out how you can volunteer to help CCSG Initiative.

I Signed a Petition for a Developer-sponsored Initiative by Mistake and Need to Withdraw My Support

If you signed a petition to support developer-sponsored initiative, it is possible to withdraw your support, but you must act NOW. The CCSG Initiative volunteers collected all the signatures required to add the CCSG Initiative to the ballot in January 2016. If you signed a petition for a Cupertino development project after January 2016, you signed a developer-sponsored initiative petition. To withdraw support for a developer-sponsored initiative, print and complete the form available here revoke_initiative_signature.pdf.
 
Then, send the completed and signed form to the Santa Clara County Registrar of Voters at this address:
 
 Santa Clara County Registrar of Voters
1555 Berger Drive, Bldg 2
San Jose, C A 95112
ATTN: Voter Registration Dept.
 
Do not delay! The Registrar of Voters must receive your request(s) to withdraw support before the proponents for the developer-sponsored initiative(s) submit their completed petitions to the Office of the Cupertino City Clerk for processing. Reference only one developer-sponsored initiative per form, though you can send multiple completed forms in the same envelope.

Home Page: CCSensibleGrowth.org and BetterCupertino.org
Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381645.


Look at the Facts: Sand Hill versus the Integrity of the City Council

Look at the Facts: Sand Hill versus the Integrity of the City Council
Whose side was the Cupertino City Council on?
The goal of the Cupertino Citizens' Sensible Growth CCSG Initiative (CCSG Initiative) is to strengthen the existing city General Plan by specifying building densities, heights, lot coverage, setbacks, and other elements to provide for gradual and well-planned city-wide development. Unfortunately, a three-vote majority of the Cupertino City Council chose to side with attorneys representing developer Sand Hill and to ignore the Elections Code requirement for a ballot question to be true, impartial, and not prejudicial. Sand Hill’s claim that the CCSG Initiative would “increase maximum height of residential neighborhoods” a glaring misread of the General Plan and the CCSG Initiative text.
Fact Sheet - Building Heights and Elections Code Violation (Concise).pdf
White Paper Concerning City Actions Concerning the Ballot Question

FACT 1: The CCSG Initiative does not increase building heights in Cupertino. From Page 5 of the CCSG Initiative, 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.”  
Figure LU-1, which is reused in the CCSG Initiative exactly as it was approved by the Council as part of an amendment to the General Plan on October 20, 2015, shows “Neighborhoods” under a list of special areas and in a box identifying the maximum height in the Neighborhoods as 30 feet. The General Plan amendment approved on October 20, 2015 set maximum building heights in Neighborhoods at 30 feet, which is unchanged by the CCSG Initiative.
Fact Sheet - CCSGI Does Not Increase Building Heights.pdf
https://drive.google.com/file/d/0B7RMc9DXGhUATEFnWjV2eTB2YUU/view?usp=sharing
The text in the CCSG Initiative is very clear and specific. Sand Hill's attorneys interpreted Policy LU3.0 by removing "shown in the Community Form Diagram (Figure LU-1)" to twist its meaning.

FACT 2: Elections Code 9051 states the 75-word ballot question "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."
Fact Sheet - Ballot Question Violates Elections Code 9051.pdf
https://drive.google.com/file/d/0B7RMc9DXGhUAUHV0cmJzQzRMWjA/view?usp=sharing
FACT 3: Mr. Hom, the City Attorney and Mr. Perlmutter, outside counsel hired by the City, both recommended against stating that CCSG Initiative "increases" building height in the ballot question. Both said they are more comfortable to say “establish”, citing Elections Code 9051.
FACT 4: Moments before the March 31 Council meeting, Sand Hill's attorneys sent a request to change the ballot question. The City amended the impartial description prepared by the City Attorney to state that CCSG Initiative will "establish" a building height of 45 feet in Neighborhoods, which comes from the Election Code 9212 report, not the CCSG Initiative text.
FACT 5: Councilmembers Barry Chang and Gilbert Wong called the April 5 special meeting to change the ballot question, providing the CCSG Initiative supporters only a 12-hour courtesy notice. During the meeting, a three-vote majority (Chang, Wong, and Rod Sinks) of Council members sided with Sand Hill's attorneys to change the ballot question to state that the CCSG Initiative increases maximum building heights.
FACT 6: The ballot question adopted on April 5 for the CCSG Initiative now includes the false text “increase to 45 feet maximum building height in Neighborhoods”.
The false words “increase to 45 feet maximum building height in the Neighborhoods” was introduced by developer Sand Hill to prejudice the voters against the CCSG Initiative. The events preceding the adoption of the deceptive ballot question prove that the false words of one developer have more power than the truth of the General Plan and the Council’s own voting record for a majority of Council members(Note: "Neighborhoods" is a specific label in the General Plan, not the normal sense of "neighborhoods".)
The passage of the CCSG Initiative, which will require voter approval for land use decisions affecting building density, is more important than ever to protect Cupertino’s future from being exploited by profit-driven developers.

Related Blogs:
If I am Allowed to Dream... Shopping Mall I Wish for (Nextdoor Post)



Fact Sheet: CCSG Initiative Does Not Increase Building Heights


Home Page: CCSensibleGrowth.org and BetterCupertino.org
Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381645.




Friday, April 8, 2016

Press Release – What Led to Deceptive Ballot Question?


CCSensibleGrowth.org

Press Release – What Led to Deceptive Ballot Question?
April 8, 2016
Highlights: Cupertino City Council has misled voters with a deceptive ballot question for a city initiative measure. The measure was placed on the November 2016 election ballot by grassroots citizens. This ballot measure is of vital importance to residents in Cupertino and nearby communities because it would protect the city from uncontrolled growth. By misleading the voters, the City Council has damaged the measure’s chances of passing, severely jeopardizing the future of the suburban city of Cupertino. The negative impacts of continued unconstrained growth will also have serious ramifications affecting traffic gridlock, public safety, environmental risks, and other matters of importance to the entire Silicon Valley.

Discussion: In a hastily called special meeting on April 5, 2016, the Cupertino City Council, by a narrow 3-2 vote, passed a resolution to alter the 75-word ballot question for the Cupertino Citizens’ Sensible Growth Initiative (or CCSG Initiative). The 3-vote majority adopted ballot question wording submitted by attorneys representing Sand Hill’s Vallco office park Initiative Committee. In contrast to counter campaigns initiated by well-connected developers, the CCSG Initiative was prepared and circulated by grassroots citizens’ groups, and qualified for the November 2016 election with an all-volunteer campaign team of private citizens after only five weeks of signature collection.

Just five days earlier, on March 31, the City Council had adopted the 75-word ballot question for the CCSG Initiative by unanimous consent. In the March 31 meeting, the council rejected the neutral and balanced ballot question proposed by the City Attorney. Instead, influenced by Sand Hill’s attorney’s opinion letter, which in turn was based on a biased and inaccurate Elections Code Section 9212 Informational Report, modified the ballot question to make it less impartial. After that meeting, not satisfied with the damage already done, another team of attorneys, also representing Sand Hill’s Vallco office park Initiative Committee, sent in yet another letter proposing even more biased wording to further discredit the CCSG Initiative. On April 5, to the dismay of residents, a 3-person majority of the 5-person City Council sided with Sand Hill’s attorneys once again, and adopted the deceptive and extremely biased wording for the ballot question for the CCSG Initiative.

The goal of the CCSG Initiative, clearly understood by all parties involved, is to strengthen and support the existing city General Plan with concisely specified building densities, heights, lot coverage, setbacks, and other elements to provide for gradual and well-planned city-wide development, encouraging sensible, balanced, and long-term growth. The Sand Hill attorney’s assertion that the CCSG Initiative would “increase maximum height of residential buildings” was a blatant misreading of the measure’s meaning. Nothing could be further from the truth.

The technical details regarding the developers’ distorted legal interpretation of the CCSG Initiative will be provided upon request. In essence, the developers, who are attempting to qualify their own competing initiatives, crafted a ballot question to serve their own business interests. The powerful sway developers command in Cupertino has led to a regrettable decision by the City Council. The City Council’s decisions on March 31 and April 5 demonstrate how easily future decisions might be influenced by developers and other special interests. Therefore, the successful passage of the CCSG Initiative is even more important. We must ensure that the future direction of growth is not determined by the misdirection of three votes on the City Council.
The CCSG Initiative is a forward-looking General Plan amendment designed to ensure Cupertino will be revitalized according to the community’s vision, not the developers’ vision.

Please visit www.CCSensibleGrowth.org to learn more about the CCSG Initiative, find out about future events, and donate to support the passage of the CCSG Initiative in November 2016.

CCSensibleGrowth.org and BetterCupertino.org

Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381645.

CCSensibleGrowth.org

Tuesday, April 5, 2016

URGENT REQUEST!! - Attend Council Meeting TONIGHT - CCSGI Under Attack - SAVE CUPERTINO - Wear RED



CCSensibleGrowth.org

URGENT REQUEST!! - Attend Council Meeting TONIGHT

CCSGI Under Attack - SAVE CUPERTINO - Wear RED

Cupertino Council Meeting to amend the ballot language just adopted on March 31, 2016

Location: Community Hall (next to Cupertino Library)
Date: April 5, 2016 (TONIGHT)
Time: Any time right after regular 6:45PM Council meeting. (NOT 9 PM.)


With days short of the 3-day meeting notice required by the Brown Act, the City has added a new item to tonight's meeting agenda to amend the ballot question for the CCSG Initiative that was adopted on March 31, 2016 after public comments and Council deliberation. To grant themselves permission to violate the Brown Act, the City added the new agenda item as a "special meeting" to immediately following the regularly scheduled City Council meeting at 6:45 PM tonight. Special meetings, which have a 24-hour notification window as provided by the Municipal Code, are intended to be reserved for issues that must be resolved immediately. 

However, tonight's special meeting will be squandered to address the false claim that the Cupertino Citizens' Sensible growth Growth Initiative (CCSG Initiative) will increase building heights in the community and to sabotage the grassroots citizens' efforts to present the CCSG Initiative using inaccurate, biased language on the November 2016 ballot. Note: Final ballot questions are not due to the Registrar of Voters until August 2016. And yet, tonight, we have a special meeting to decide ballot language that is not due for four (4) months.


The CCSG Initiative will ensure that Cupertino is revitalized to align with the  community's vision, not the developers' vision. Contrary to the misstatements made in the draft ballot language approved by the City Council, the text of the CCSG Initiative does not increase the existing 30 foot building height limit in Cupertino’s neighborhoods. The CCSG Initiative allows the voters to be engaged fully in determining the future direction of Cupertino.  We will ask the City Council to correct their error at tonight’s special City Council meeting at 9 pm in the Cupertino Community Hall, and hope we hope you will attend to show your support.


Wear RED and attend tonight's "special meeting" to support grassroots citizens' effort to protect the future of Cupertino. See you at the Cupertino Community Hall at 9 PM, Tuesday, April 5, 2016.


Home: CCSensibleGrowth.org and BetterCupertino.org


Paid for by Committee supporting Cupertino Citizens' Sensible Growth Initiative, PO Box 1132, Cupertino, CA 95015, FPPC# 1381645. 

CCSensibleGrowth.org