CC Resolution No. 06-105
RESOLUTION NO. 06-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 7, 2006, FOR THE SUBMISSION TO THE VOTERS OF
ORDINANCE NO. 1975 (V ALLCO)
WHEREAS, on April 19, 2006, a referendum petition was filed in the City Clerk's
Office which opposed the adoption of Ordinance No. 1975 (Vallco); and
WHEREAS, the petition contained sufficient signatures to qualifY the question for the
ballot; and
WHEREAS, California Elections Code section 9241 provides that the City Council
has the option of repealing the ordinance or submitting it to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino:
1. A special municipal election is called for November 7, 2006, for the purpose of
submitting the following question to the voters:
Shall Ordinance No. 1975, an Ordinance of the City Council of the YES
City of Cupertino re-zoning a 5.19 acre parcel from Planned
Development (Regional Shopping) to Planned Development (Regional
ShoppinglResidential) at 10123 N. Wolfe Road (Vallco), be
approved? NO
2. The text of Ordinance No. 1975 is attached as Exhibit A.
3. Arguments in favor or against the proposed measure shall be filed with the City Clerk
by Monday, August 7, 2006, at 5:00 p.m. Arguments are limited to 300 words.
4. Rebuttals to arguments in favor or against the proposed measure shall be filed with the
City Clerk by Thursday, August 17,2006, at 5:00 p.m. Rebuttals are limited to 250
words.
5. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the election and canvass the returns, and the City consents to reimburse the
Registrar of Voters for all costs incurred by said services.
6. The City of Cupertino requests that said this special election be consolidated with the
election of November 7, 2006, and this governing body consents to such
consolidation;
Resolution No. 06-105 (Vallco)
Page 2
7. The City Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a copy hereof so certified to the Registrar of Voters and to
the Board of Supervisors of Santa Clara County.
8. The City Clerk is authorized and directed to publish a notice of election within the
time and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 6th day of June, 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Kwok, Mahoney, Sandoval
Wang
None
None
ATTEST:
City~~-
APPROVED:
~"~
Resolution No. 06-105 (Vallco)
Page 3
ORDINANCE NO. 1975 (A TT ACHMENT)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RE-ZONING OF A 5.19 ACRE PARCEL FROM
PLANNED DEVELOPMENT (REGIONAL SHOPPING) TO
PLANNED DEVELOPMENT (REGIONAL SHOPPING/RESIDENTIAL)
AT 10123 N. WOLFE ROAD (V ALLCO)
WHEREAS, an application was received by the City (Application no. Z-2005-05) for
the re-zoning of a property to Planned Development (Regional ShoppinglResidential); and
WHEREAS, the re-zoning is consistent with the City's General Plan land use map,
proposed uses and surrounding uses; and
WHEREAS, upon due notice and after one public hearing the Planning Commission
recommended to the City Council that the rezoning be granted; and
WHEREAS, a map of the subject property is attached hereto as Exhibit A as a
proposed amendment to the Zoning Map of the City of Cupertino.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section I. That the property described in attached Exhibit A is hereby re-zoned to
Planned Development (Regional ShoppinglResidentiai); and that Exhibit A attached hereto is
made part of the Zoning Map of the City of Cupertino.
Section 2. This ordinance shall take effect and be in force thirty (30) days after its
passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
31st day of January, 2006 and ENACTED at a regular meeting of the City Council of the City
of Cupertino the 22nd day of March, 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Mahoney, Sandoval
Kwok, Wang
None
None
ATTEST:
APPROVED:
/s/ Kimberly Smith
/s/ Richard Lowenthal
City Clerk
Mayor, City of Cupertino
Resolution No. 06-105 (Val1co)
Page 4
EXHIBIT A
RE-ZONE 5.19 ACRES
FROM: PLANNED DEVELOPMENT (REGIONAL SHOPPING)
TO: PLANNED DEVELOPMENT (REGIONAL SHOPPING/RESIDENTIAL)
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CONDOMINIUMS AT VALlCO
CUPERTINO, CAUfOANlA
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