CC Resolution No. 11-025 Public Improvements Agreement, Cupertino Redevelopment Agency and Vallco Shopping Mall, LLC RESOLUTION NO. 11- 0 2 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO, AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A PUBLIC IMPROVEMENTS AGREEMENT
SUBSTANTIALLY SIMILAR TO THE FORM AGREEMENT ATTACHED
HERETO WITH THE CITY OF CUPERTINO REDEVELOPMENT
AGENCY AND VALLCO SHOPPING MALL, LLC AND MAKING
CERTAIN FINDINGS RELATED THERETO
The City Council of the City of Cupertino resolves as follows:
WHEREAS, the City Council ( "City Council ") of the City of Cupertino ( "City") has
adopted and amended, from time to time, the Redevelopment Plan ( "Redevelopment Plan") for the
Cupertino Vallco Redevelopment Project Area ( "Project Area "); and
WHEREAS, the City of Cupertino Redevelopment Agency ( "Agency ") is engaged in
various activities in its efforts to remove the blighting conditions that still remain in the Project
Area; and
WHEREAS, in keeping with the goals of the Agency to eliminate blight and reduce physical
and economic blight in accordance with the Redevelopment Plan and Agency's Implementation
Plan ( "Implementation Plan"), the City, the Agency and Vallco Shopping Mall, LLC ( "Developer ")
desire to enter into a Public Improvements Agreement (the "Agreement ", a copy of which is on
file with the City Clerk and the Agency Secretary) through which, in connection with certain
improvements to the Vallco Shopping Mall ( "Project "), the Developer shall install certain public
infrastructure projects ( "Public Infrastructure ") to alleviate blighting conditions in the Project
Area and shall be reimbursed with Agency funds held by the City as set forth in the proposed
Agreement; and
WHEREAS, the Project and the Public Infrastructure improvements are located within
the Cupertino Vallco Redevelopment Project Area. ( "Project Area "); and
WHEREAS, the Public Infrastructure improvements and the Project are consistent with
the City's General Plan, applicable zoning requirements, the Implementation Plan and the
Redevelopment Plan, and will promote the goals and objectives of the Redevelopment Plan to
revitalize the Project Area; and
WHEREAS, under the California Redevelopment Law (Health and Safety Code Section
33100 et seq.; the "Law "), before the Agency can expend money for public improvements, the
Agency and the City Council must make specified findings pursuant to Health and Safety Code
Sections 33421.1 and 33445; and
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Resolution No. 11 -025
WHEREAS, pursuant to 33220(b) and (c) of the Law, the City is authorized to enter into
this Agreement to assist the Agency in causing the Public Infrastructure to be installed in the
Project Area; and
WHEREAS, it is impractical from an architectural, engineering and construction
standpoint to separately construct the Public Infrastructure improvements because of their
physical interrelationship with the privately -owned improvements to be constructed by the
Developer as part of the Project, and that the construction of the Public Infrastructure pursuant to
this Agreement would result in a lower public cost and greater benefit than if such Public
Infrastructure were separately bid and constructed by the Agency or the City; and
WHEREAS, the City has previously determined that the Public Infrastructure
improvements are exempt from California Environmental Quality Act pursuant to CEQA
Guideline 15304; and
WHEREAS, the staff report accompanying this Resolution, the Redevelopment Plan, the
report to City Council accompanying the Redevelopment Plan, and the Implementation Plan
provide additional information upon which the findings and actions set forth in this Resolution
are based.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cupertino as
follows:
1. All the Recitals above are true and correct and incorporated herein.
2. The City Council hereby finds and determines that provision of the Public
Infrastructure is necessary to effectuate the purposes of the Redevelopment Plan and therefore,
pursuant to 33421.1 of the Law, approves the Agency's provision of public improvements for a
commercial site which the owner or operator of the site might otherwise be obliged to provide.
3. In compliance with Section 33445 of the Law, the City Council hereby finds and
determines that: (a) the installation or construction of the Public Infrastructure is of benefit to the
Project Area by helping to eliminate blight within the Project Area; (b) no other reasonable
means of financing the installation or construction of the Public Infrastructure are available to the
community; and (c) the appropriation and payment of funds by the Agency for the cost of the
Public Infrastructure is consistent with the Agency's current Implementation Plan.
4. The City Council consents to the Agency expenditures as called for in the
Agreement for the Public Infrastructure.
5. The City Council hereby finds and determines that it is impractical from an
architectural, engineering and construction standpoint to separately construct the Public
Infrastructure improvements because of their physical interrelationship with the private
improvements to be constructed by the Developer as part of the Project, and that the construction
of the Public Infrastructure pursuant to this Agreement would result in a lower public cost and
greater benefit than if such Public Infrastructure were separately bid and constructed by the
Agency or the City.
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6. The City Council hereby authorizes the City Manager to negotiate and execute a
public improvements agreement substantially similar to the form Agreement attached hereto for
the funding and completion of the Public Infrastructure, and execute such Agreement on behalf
of the City, with such revisions as are reasonably determined necessary by the City signatory,
such determination to be conclusively deemed to have been made by the execution of the
Agreement by the City signatory. The City Manager is authorized to implement the Agreement
and take all further actions and execute all other documents which are necessary or appropriate
to carry out the Agreement.
7. The City Council hereby approves and appropriates (to the extent not already
appropriated) the amounts necessary to fund the City's obligations under the Agreement, if any.
The City's current fiscal year budget is hereby amended to the extent necessary to implement the
foregoing appropriation.
8. The City Manager is hereby authorized and directed to file Notices of Exemption
with respect to the Agreement in accordance with the applicable provisions of CEQA.
9. The City Manager is hereby authorized to take such further actions as may be
necessary or appropriate to carry out the City's obl igations pursuant to this Resolution and the
Agreement.
10. The City Clerk shall certify to the adoption of this Resolution.
11. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of February, 2011, by the following vote:
Vote Members of the City Council
YES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST: APPROVED:
J 171. f U
City Clerk, City o Cupertino Mayor, City of Cupertino
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