CC Resolution No. 19-042 to repeal Reso. No. 18-085 (GPA)
RESOLUTION NO. 19-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING RESOLUTION NO. 18-085 APPROVING A GENERAL
PLAN AMENDMENT TO DEVELOPMENT ALLOCATIONS, THE
GENERAL PLAN LAND USE MAP AND DEVELOPMENT
STANDARDS RELATED TO THE VALLCO TOWN CENTER
SPECIAL AREA
WHEREAS, on September 19, 2018, the City Council adopted Resolution No.
18-085 approving a General Plan Amendment to development allocations, the General
Plan Land Use Map and development standards related to the Vallco Town Center
Special Area, as shown in Exhibits GPA-1 and GPA-2 to Resolution No. 18-085; and
WHEREAS, on October 29, 2018, proponents filed a referendum petition with
the Cupertino City Clerk’s Office against Resolution No. 18-085; and
WHEREAS, on October 30, 2018 the Clerk’s Office performed a prima facie
signature count on the petition against Resolution No. 18-085 pursuant to California
Elections Code Sections 9239 and 9210, as well as checking the petition form pursuant
to Elections Code Section 9238; and
WHEREAS, the prima facie signature count on the petition against Resolution
No. 18-085 equaled or exceeded the minimum number of signatures required; and
WHEREAS, on October 30, 2018, the Clerk’s Office accepted the petition against
Resolution No. 18-085 for filing and subsequently transferred the petition to the Santa
Clara County Registrar of Voters Office for signature verification; and
WHEREAS, the Registrar’s Office validated the signatures on the petition
against Resolution No. 18-085, using 100% signature verification, and determined that
the petition against Resolution No. 18-085 had sufficient signatures; and
WHEREAS, on December 18, 2018, the City Council received the City Clerk’s
Certification of Sufficiency for the petition against Resolution No. 18-085; and
WHEREAS, the City Clerk and City Council received letters dated December 6
and December 18, 2018, respectively, questioning whether the petition against
Resolution No. 18-085 complied with technical requirements of Elections Code section
9238; and
CC Resolution No. 19-042
Page 2
WHEREAS, in response to these letters, on February 19, 2019, the City Council
authorized the City Attorney, on behalf of the City Clerk, to initiate an appropriate
action to determine whether the petition against Resolution No. 18-085 substantially
complies with Elections Code requirements; and
WHEREAS, on March 21, 2019, the Superior Court of Santa Clara County
entered an order finding that the petition against Resolution No. 18-085 substantially
complies with Elections Code section 9238 and directing the City Clerk to process the
petition and submit it to the City Council for appropriate action pursuant to Elections
Code section 9241; and
WHEREAS, the City Council’s options for appropriate action pursuant to
Elections Code section 9241 include: (1) repealing Resolution No. 18-085; or (2)
submitting Resolution No. 18-085 to the voters, either at the next regular municipal
election occurring not less than 88 days after the City Council’s order, or at a special
election called for the purpose not less than 88 days after the City Council’s order; and
WHEREAS, the City Council wishes to choose the option to repeal Resolution
No. 18-085, which approved a General Plan Amendment to development allocations,
the General Plan Land Use Map and development standards related to the Vallco
Town Center Special Area, as shown in Exhibits GPA-1 and GPA-2 to Resolution No.
18-085.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
repeal Resolution No. 18-085 approving a General Plan Amendment to development
allocations, the General Plan Land Use Map and development standards related to the
Vallco Town Center Special Area, as shown in Exhibits GPA-1 and GPA-2 to
Resolution No. 18-085.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 7th day of May 2019, by the following vote.
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Willey
NOES: Sinks
ABSENT: None
ABSTAIN: None
CC Resolution No. 19-042
Page 3
ATTEST: APPROVED:
/s/Grace Schmidt ______ /s/Steven Scharf ____________
Grace Schmidt, City Clerk Steven Scharf, Mayor, City of Cupertino