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Item No. 8 Written CommunicationsCC 12-20-2022 Written Communications Item No.8 Consider approval of response to 2022 Civil Grand Jury of Santa Clara County From:Pamela Wu To:Peggy Griffin Cc:City Council; City of Cupertino Audit Committee; City Clerk Subject:RE: Civil Grand Jury Findings - Cupertino Date:Monday, December 19, 2022 10:16:15 AM Peggy, the City Council will consider authorizing the City Attorney to provide a response to the Ballot Measure grand jury report tomorrow. The City Council will consider the second report in January. Pamela Pamela Wu​​ City Manager City Manager's Office PamelaW@cupertino.org (408)777-1322 From: Peggy Griffin <griffin@compuserve.com> Sent: Sunday, December 18, 2022 11:57 PM To: Pamela Wu <PamelaW@cupertino.org> Cc: City Council <CityCouncil@cupertino.org>; City of Cupertino Audit Committee <AuditCommittee@cupertino.org>; City Clerk <CityClerk@cupertino.org> Subject: Civil Grand Jury Findings - Cupertino CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Manager Wu, I’m writing to ask if the City Council and Audit Committee’s have been made aware of the two recently released reports by the Santa Clara County Civil Grand Jury regarding Cupertino? I’ve copied the City Council and the Audit Committee in case they are not aware of these reports. The Civil Grand Jury published their findings on Dec. 14, 2022 for issues involving Cupertino: 1. Misleading ballot measure questions “If you only Read the Ballot You’re Being Duped” https://www.scscourt.org/court_divisions/civil/cgj/2022/If%20You%20Only%20Read%20the%20Ball ot%20You%20Are%20Being%20Duped.pdf NOTE: On Dec. 20, 2022 City Council Agenda Item #8 2. Failure to produce and submit to City Council a monthly Treasurer’s Report containing specific required items. “Show Me the Money: Financial Transparency Needed” https://www.scscourt.org/court_divisions/civil/cgj/2022/Show%20Me%20the%20Money%20- %20Financial%20Transparency%20Needed.pdf I have attended several Audit Committee meetings and saw a great reluctance from some staff members for the need/requirement for producing a monthly Treasurer’s Report which is required by law! I would like to commend the Audit Committee and the previous City Council for exercising their oversight in making sure the city came into compliance quickly. Nice job! Sincerely, Peggy Griffin From:Liana Crabtree To:Hung Wei; Sheila Mohan; Liang Chao; J.R Fruen; Kitty Moore; Cupertino City Manager"s Office Cc:City Clerk; City Attorney"s Office Subject:written communication, 12/20/2022 Council Meeting, Agenda Item 8, Civil Grand Jury report: “If You Are Only Reading the Ballot, You Are Being Duped” Date:Tuesday, December 20, 2022 1:12:14 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Honorable Mayor Wei, Vice Mayor Mohan, Council Members Chao, Fruen, and Moore, and City Manager Wu: Please include this letter as written communication for the 12/20/2022 Council Meeting, Agenda Item 8, Civil Grand Jury report: “If You Are Only Reading the Ballot, You Are Being Duped”. I am writing to request that City reconsider its draft reply to the 10/7/2022 Civil Grand Jury report “If You Are Only Reading the Ballot, You Are Being Duped” in light of Cupertino’s recent history involving the process to draft, edit, and approve the ballot question for Measure C. In 2016, after the Cupertino Citizens’ Sensible Growth Initiative (Measure C) qualified for placement on the November ballot, the then City Attorney drafted the ballot question that was aligned with the Title and Summary and reasonable to the intent and stated limits of the ballot measure: “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, establish a 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?” However, Council was not satisfied with the City Attorney’s ballot question and sought guidance from outside legal counsel, including attorneys representing the Cupertino commercial property owner who then spent millions to defeat Measure C and to launch its own competing ballot initiative, Measure D. Both ballot measures were defeated by Cupertino voters in November 2016. The revised, final ballot question for Measure C included language not supported in the text of the measure anywhere. The revised, final ballot question appeared to be drafted to subvert the intent and purpose of Measure C: “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 the 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?” It appeared that the then Council’s decision to edit the ballot question was politically motivated and was intended to prejudice voters against Measure C. Ballot questions must be drafted by the City Attorney. It is also the responsibility of the City Attorney to draft a ballot measure’s title and summary, neither of which should contradict the ballot question. It is a disservice to residents to allow a Council to game the initiative process by inserting biased language into the ballot question that is offered by opponents or proponents of the ballot measure. Please respond to the Civil Grand Jury report “If You Are Only Reading the Ballot, You Are Being Duped” in SUPPORT of County Counsel review of ballot questions drafted by the City Attorney and submitted by the City for inclusion on the Cupertino ballot. Sincerely, Liana Crabtree Cupertino resident From:Rhoda Fry To:City Clerk; City Council Subject:Public Comment Agenda #8 Grand Jury Date:Tuesday, December 20, 2022 3:53:13 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, Reading this report reminds me that I would like the City to get an explanation as to how our City of Cupertino 2022 ballots all had diamonds on the council candidates when not all candidates merited diamonds. Additionally the County failed to provide a remedy for voters who had already voted using the diamonds as their guide. The public merits an explanation and the County must provide assurances that this egregious error will not happen again. Warm Regards, Rhoda Fry