Office of the City Manager Honorable Beth McGowen via U.s. Mail Presiding Judge Santa Clara County Superior Court

The Civil Grand Jury finds that in the current environment, which is unregulated at the local level, it is easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters. City of Milpitas Response: The City of Milpitas disagrees with the entirety of the Civil Grand Jury’s finding that the writing of ballot measures is unregulated at the local level or that authors mislead voters within the City of Milpitas. All ballot measure questions are regulated under the California Elections Code and approved by the Milpitas City Council. Such regulation includes a private right of action for those who disagree with the ballot question associated with any particular ballot measure, and to date, neither the courts nor the State legislature have found that remedy to be inadequate. Measure F, which put forth a one quarter percent sales tax increase to the voters of Milpitas in 2020, is discussed in the Report. The language set forth in the Measure F ballot question mentioned local spending, an independent audit, and an oversight committee. Nonetheless, the ballot question was honest and straightforward. All of the funds appropriated under Measure F are in fact spent locally to fund local municipal programs. Measure F appropriations are in fact subject to an independent audit. Measure F appropriations are subject to oversight from the seven-member Measure F Oversight Committee, which meets quarterly to review and discuss Measure F revenues as well as programs and services funded by Measure F.