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