Vallco Referendum

The City posts the following information as a courtesy only. The posting should not be considered as either support or opposition.

At its May 7, 2019 meeting, the Cupertino City Council repealed(PDF, 146KB) the Vallco General Plan Amendment (Resolution No. 18-085), Specific Plan (Resolution No. 18-086), and Development Agreement (Ordinance No. 18-2179) that had been adopted by the City Council on September 18, 2018. The City Council took this action in response to three separate voter referenda petitions challenging these approvals. This action means that this version of the Specific Plan will not move forward.

History

On October 29, 2018, proponents filed four referendum petitions with the Cupertino City Clerk’s Office regarding the Vallco Town Center Specific Plan (approved by the City Council on September 19, 2018, with the ordinances enacted on October 2, 2018). On December 6, 2018, the City of Cupertino received signature verification results for the four referendum petitions submitted to the Santa Clara County Registrar of Voter’s Office on October 31, 2018. All four referendum petitions, regarding the Vallco Town Center Specific Plan, contained enough signatures to pass. The Certification of Sufficiency was brought to the December 18, 2018, City Council meeting, which Council received.

The four referendums regard:

Resolution No. 18-085: A Resolution of the City Council of the City Of Cupertino 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

Resolution No. 18-086: A Resolution of the City Council of the City of Cupertino Adopting the Vallco Town Center Specific Plan

Ordinance No. 18-2178: An Ordinance of the City Council of the City of Cupertino Rezoning the Parcels within the Vallco Special Area

Ordinance No. 18-2179: Ordinance of the City Council of the City of Cupertino Approving a Development Agreement by and Between the City of Cupertino and Vallco Property Owner LLC for the Development of Vallco Town Center

Documents

December 6, 2018: Validation Letters from the Santa Clara County Registrar of Voters(PDF, 2MB)
December 6, 2018: Letter from Law Firm Representing Vallco Property Owner(PDF, 3MB)
December 18, 2018: Letter from Law Firm Representing Vallco Property Owner(PDF, 116KB)
December 18, 2018: Staff Report - Certification of Authenticity(PDF, 3MB) (Council received the certification; no direction was given to staff)
January 25, 2019: City of Cupertino Response to Law Firm Representing Vallco Property Owner(PDF, 126KB)
February 13, 2019: Cupertino City Attorney Memo Regarding Vallco Referendum Petitions(PDF, 9MB)
February 13, 2019: Cupertino City Clerk Receipt Rejecting Referendum Petition Against an Ordinance Passed by the City Council; Ordinance No. 18-2178(PDF, 89KB)
February 26, 2019: Copy of certified Resolution No. 18-085 as provided to referendum proponents on October 2, 2018(PDF, 9MB)
March 20, 2019: Court filings seeking ruling that the referendum petition against Resolution No. 18-085 substantially complies with the Elections Code.

• Brief in support of Joint Submission(PDF, 1MB)
• Joint Submission on Agreed Facts(PDF, 6MB)
• G. Schmidt Declaration(PDF, 525KB)
• P. Ghosh Declaration(PDF, 396KB)
• R. Perlmutter Declaration(PDF, 1MB)

March 21, 2019: Superior Court Order ruling that the referendum petition against Resolution No. 18-085 substantially complies with the Elections Code(PDF, 137KB)

News Items

October 30, 2018: Four Referendum Petitions filed with the City Clerk Regarding Vallco Town Center Specific Plan(PDF, 176KB)
October 31, 2018: Four Referendum Petitions Have Been Accepted For Filing With The Registrar Of Voters
December 6, 2018: City Receives Signature Verification Results Regarding Four Referendum Petitions
March 21, 2019: Superior Court Rules that Vallco Referendum Petition is Valid(PDF, 331KB)