CC Resolution No. 19-044 to repeal Reso. No. 18-086 (SPA) SPA-2-017-01
RESOLUTION NO. 19-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING RESOLUTION NO. 18-086 ADOPTING THE VALLCO
TOWN CENTER SPECIFIC PLAN
WHEREAS, on September 19, 2018, the City Council adopted Resolution No.
18-086 adopting The Vallco Town Center Specific Plan, as shown in Exhibit SPA-1, and
as amended by the errata shown in Exhibit SPA-2, to Resolution No. 18-086; and
WHEREAS, on October 29, 2018, proponents filed a referendum petition with
the Cupertino City Clerk’s Office against Resolution No. 18-086; and
WHEREAS, on October 30, 2018 the Clerk’s Office performed a prima facie
signature count on the petition against Resolution No. 18-086 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. 18-086 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. 18-086 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. 18-086, using 100% signature verification, and determined that
the petition against Resolution No. 18-086 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. 18-086 and directed
staff to bring back options for the Council to take as required by California Elections
Code Section 9241; and
WHEREAS, those options include: (1) repealing Resolution No. 18-086; or (2)
submitting Resolution No. 18-086 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
CC Resolution No. 19-044
Page 2
WHEREAS, the City Council wishes to choose the option to repeal Resolution
No. 18-086 which adopted The Vallco Town Center Specific Plan as shown in Exhibit
SPA-1, as amended by the errata shown in Exhibit SPA-2.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
repeal Resolution No. 18-086 adopting The Vallco Town Center Specific Plan, as shown
in Exhibit SPA-1, and as amended by the errata shown in Exhibit SPA-2, to Resolution
No. 18-086.
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
ATTEST: APPROVED:
/s/Grace Schmidt ______ /s/Steven Scharf ____________
Grace Schmidt, City Clerk Steven Scharf, Mayor, City of Cupertino