SJVoters4Democracy: Demand Letter

A
TG R
=,.

January 30, 2008

VIA FACSIMILE AND FEDEX

Hon. Mayor Chuck Reed
Hon. Members of the City Council
City of San Jose
200 East Santa Clara Street
San Jose, CA 95113
tel. (408) 535-4800
fax. (408) 292-6422

Re: City Council Meeting on November 20, 2007, and Resolution No. 74127, Adopted November 20 2007

Dear Mayor Reed and Members of the City Council:

I am writing on behalf of the Northern California Vietnamese American Community ("VACNORCAL") to request that the City Council cure and correct the City's adoption: of Resolution No. 74127, creating and naming the "Saigon Business District" ("SBD").

VACNORCAL requests that Resolution No. 74127 be rescinded, and that any and all future actions with respect to the creation or naming of a Vietnamese retail area be taken in strict compliance with the Ralph M. Brown Act.

The discussion of the creation and naming of the SBD and the adoption of Resolution No. 74127 violated the Ralph M. Brown Act (Government Code section 54950, et seq., hereafter the "Brown Act"). In particular, they violated Government Code sections 54952.2 and 54953.

Prior to the City Council meeting on November 20, 2007, members of the City Council engaged in a series of communications involving a majority of the members of the City Council, in an effort to develop a collective concurrence as to action to be taken on the creation and naming of the SBD. These communications included, but were not limited to, a memorandum dated November 15, 2007, signed by the Mayor and four other members of the City Council. As a result of these communications, it appears that the agreement of a majority of the members of the City Council to approve the creation of a Vietnamese retail area and to name it the "Saigon Business District" was obtained. However, regardless of whether an actual James M. Chadwick

Writers Direct Line: 415-774-2945
jebadwickCsheppardmu ll in. com
Our He Number: 17DL-134870
SEEPI'.?RD 1iULLT?v RICHTER & HAMPTON UP

Hon. Mayor Chuck Reed
Han. Members of the City Council

January 30, 2008

Page 2

agreement was obtained, it is clear that a majority of the members of the City Council became involved in an effort to achieve consensus on the action to be taken and deliberated on that
proposal, through communications outside of any noticed public meeting of the City Council.

That violated Government Code section 54953 and 54952.2.

VACNORCAL supports the creation of a Vietnamese destination retail area.

However, together with the vast majority of the San Jose Vietnamese American community, VACNORCAL opposes branding that area with the name "Saigon Business District."

For reasons that may be difficult for those outside the Vietnamese American community to appreciate, but which are understood and compelling within that community, VACNORCAL and its members-many of whom live or work in the SBD area-vehemently object to being associated with the "Saigon Business District" name. In adopting the resolution creating the SBD and imposing that name upon it, the City unfortunately disregarded both the will of the community and the Brown Act.

Therefore, VACNORCAL respectfully requests that the City take immediate action to cure and correct those violations, by rescinding Resolution No. 74127 and taking any future actions with regard to a Vietnamese retail area in accordance with the Brown Act.

VACNORCAL also requests that the City refrain from creating or installing any signage using the "Saigon Business District" name. Finally, the City should take all necessary steps to ensure

that hardcopy and electronic documents or records relating to the creation and naming of a Vietnamese retail area in San Jose are preserved, including electronic communications or records that might otherwise be erased or expunged by automated processes.

Thank you for your attention to this matter. We look forward to your prompt response.

Sincerely,

James M. Chadwick

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
W02-WEST:5JMC 1 %400689186.1

P. 1

COMMUNICATION RESULT REPORT ( JAN. 30.2008 10: 491AM )
TTI SHEPPARD MUL.LIN SF
FILE MODE
OPTION
ADDRESS (GROUP)
RESULT
PAGE

---

- - -

--------------------------------------------------------w------------------_-

233MEP;RTX
*38134870914082926422
OK
P. 3/3
REASvH FOR ERROR
E-°1) HANG UP OR LINE FAIL
E-2) BUS'S"
E--8) NO A4NSWER
E-4) NO FACSIMILE CONNECTION
`1 &Kj., Ujt,i{.[lt3liI( I111N k :11,^"I jt.V Iy'
A T TO R N EYS AT LAW

17th Ftoar I Four Embarcadero Center ( San Francisco, CA Q4111-4106
415-434-91 00 offlce 1415- -3947 fax j w
shQppertlMU11trt,cta
}
Date- January 30, 2008

Total number of pages.
(including I-page cover she
File Number: 17DL-134470
If all pees are not received, please call
K Hollenbeek at 415-774-32-75
Facsimile No, Telephone No.

To: Hon. Mayor Chuck It d
Hon, Members of the San Jose City Council

408.292.6422
408.535.48 30

From: James M. Chadwick

415.434.3947
415,774,2945

S F . RD MU LLI V RICHTER S, IL" MPTDN LL P

Hon. Mayor Chuck Reed
Hon. Members of the City Council

January 30, 2008

Page 3

bcc: Mr. Tien Nguyen
FedEx Ship Manager Label 792496810401 Page 1 of 1
Ship Date: 30JAN08
Atgt:1 LB
System#: 3157734/INET8011
Account: S .z..* -

Delivery Address Bar Cade
Ref # 17DL-134870
Invoice #
PQ #
Dept #
III^IIIIIIIIIRIIIIi 9 H
From: Oftn ID: APCA (415)434-9100
KAREN HoLLENBECK
SHEPPARD, MULLIN, RICHTER & HAMPTON
4 EMBARCADERO CENTER
17TH FLOOR
SAN FRANCISCO, CA 94111
SHIPTO: 4085354800
BILL. SENDER

Hon. Mayor & City Council Members
City of San Jose
200 E SANTA CLARA ST
SAN JOSE, CA 951131903

THU - 31JAN
A2

£ L5120707,2V A
TRif#
0 2 01 7924 958 1 040'1
PRIORITY OVERNIGHT
WA ZSMA
rT I
95113
CA-US
sic
11 I u

Shipping Label: Your shipment is complete

1. Use the 'Print' feature from your browser to send this page to your laser or inkjet printer.

2. Fold the printed page along the horizontal line.

3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned.

Warning. Use only the printed original label for shipping:. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number.

Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com .

FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage
whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.

Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits, see current FedEx Service Guide.

https://www.fedex.com/ship/domestieShipmentAction.do?method=doShipContinue

1/30/2008

http://www.sjvoters4democracy.com/pdf_files/DemandLetter_30Jan08.pdf