This is a formal letter to request the District Attorney to open an investigation into potential violations of the Brown Act.


Dear Deputy District Attorney Chase,

This is to request your office to look into the potential violation of the state law, Ralph M. Brown Act, by three members of the Cupertino City Council Savita Videorecorder, Barry Chang and Rod Sinks who together held a private meeting with the attendance of Cupertino Planning Commissioner Don Sun, California Assemblyman Evan Low to discuss business strategy related to a development plan currently under consideration of the Cupertino City Council.  They have also invited a senior executive with Sand Hill Property Nandy Kumar (the design and construction principal according to the company published profile) to take part in the discussion.

Local press, including reporters from San Jose Mercury NewsTV Channel 26 (KTSF)World Journal and Singtao Daily have witnessed the lengthy meeting to discuss the development plan and how to have city council current and future members (who are currently candidates for the 2019 council seats) to collaborate with the developer in this matter through a newly foundedpseudo “grassroots organization” solely for the purpose of galvanizing support for Sand Hill Property’s multi-billion dollar project at the old Vallco Shopping Mall site which will be subject to the second reading on October and approval by the Cupertino City Council which the presenting members constitute the majority of with the power to determine the future of the development plan, known as the Vallco Specific Plan.

Description from an attendee, the meeting main agenda was “…how to prevent citizens from filing any referendums to overturn ordinances or resolutions.”

From the first look of this meeting, it appears to have a number of violations of the Ralph M. Brown Act:

http://www.ca-ilg.org/sites/main/files/file-attachments/tip_sheet_formatting_05-14-2013.pdf

The Vallco Specific Plan will drastically change the course of the future of the city and negatively affects the life of every resident in this small community.  It is vitally important for your office toswiftly act to protect Cupertino and its ~70,000 residents.

Hereby, I am attaching photos and video recordings for your reference and requesting you to open a prompt investigation into this matter.

Please note that I am planning to call on the State Fair Political Practices Commission (FPPC) and the State Attorney General office to look this matter as well.

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