CC Ordinance 19-2184 to repeal Ordinance 18-2179 (DA)
To: Planning Department
From: Kirsten Squarcia
Subject: Second reading and enactment of Ordinance No 19-2184: “An Ordinance of the
City Council of the City of Cupertino repealing Ordinance No. 18-2179 which
approved a Development Agreement by and between the City of Cupertino and
Vallco Property Owner LLC for the Development of Vallco Town Center”
Date: June 18, 2019
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At its May 21, 2019 regular meeting, the Cupertino City Council took the following action:
Conducted the second reading and enacted Ordinance No 19-2184: “An Ordinance of the City
Council of the City of Cupertino repealing Ordinance No. 18-2179 which approved a
Development Agreement by and between the City of Cupertino and Vallco Property Owner
LLC for the Development of Vallco Town Center” (Noes: Sinks).
ORDINANCE NO. 19-2184
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO REPEALING ORDINANCE NO. 18-2179 WHICH
APPROVED A DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF CUPERTINO AND VALLCO PROPERTY OWNER LLC
FOR THE DEVELOPMENT OF VALLCO TOWN CENTER
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
1. Repeal
The City Council of the City of Cupertino hereby repeals Ordinance No. 18-2179 in its
entirety which approved a Development Agreement by and between the City of Cupertino and
Vallco Property Owner LLC for the development of Vallco Town Center, as shown in Exhibit DA-
1 to Ordinance No. 18-2179.
2. Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of May 2019, and ENACTED at a regular meeting of the City Council of the City of Cupertino
this 21st 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
Ordinance No. 19-2184
Page 2
SIGNED:
/s/Steven Scharf
__________________
Steven Scharf, Mayor
City of Cupertino
5/29/19
________________________
Date
ATTEST:
/s/Grace Schmidt
________________________
Grace Schmidt, City Clerk
6/12/19
________________________
Date
APPROVED AS TO FORM:
/s/Heather Minner
__________________________
Heather Minner, City Attorney
6/5/19
________________________
Date
To: Planning Department
From: Kirsten Squarcia
Subject: Options regarding three referendum petitions challenging approvals related to the
Vallco Town Center Specific Plan: Resolution No. 18-085 (General Plan
Amendment for Vallco Town Center), Resolution No. 18-086 (Vallco Town Center
Specific Plan), and Ordinance No. 18-2179 (Development Agreement for Vallco
Town Center)
Date: June 18, 2019
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At its May 7, 2019 regular meeting, the Cupertino City Council took the following action:
a.) Adopted Resolution No. 19-042 repealing Resolution No. 18-085 (General Plan
Amendment for Vallco Town Center) (Sinks voting no); and
b.) Did not adopt Resolution No. 19-043 submitting Resolution No. 18-085 to Nov. '20
regular election; and
c.) Adopted Resolution No. 19-044 repealing Resolution No. 18-086 (Vallco Town Center
Specific Plan) (Sinks voting no); and
d.) Did not adopt Resolution No. 19-045 submitting Resolution No. 18-086 to Nov. '20
regular election; and
e.) Conducted the first reading of Ordinance No. 19-2184: “An Ordinance of the City
Council of the City of Cupertino repealing Ordinance No. 18-2179 which approved a
Development Agreement by and between the City of Cupertino and Vallco Property
Owner LLC for the Development of Vallco Town Center” (Sinks voting no); a second
reading will be scheduled for May 21, 2019; and
f.) Did not adopt Resolution No. 19-047 submitting Ordinance No. 18-2179 to Nov. '20
regular election.
Page 2
Directed staff to find out what is required to repeal other two ordinances as well and add
to future agenda community process for future development.