CC Resolution No. 01-166- RESOLUTION NO. 01-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF
TERRITORY DESIGNATED "GARDEN GATE 01-02" SUBJECT TO
CONFIRMATION BY THE REGISTERED VOTERS OF THE AFFECTED
TERRITORY AND CONSISTING OF 1) ANNEXATION OF ABOUT 107 ACRES OF
TERRITORY GENERALLY BOUNDED BY GREENLEAF DRIVE, BEARDON
DRIVE, ELENDA DRIVE, HAZELBROOK DRIVE, ANN ARBOR AVENUE,
GARDENA DRIVE AND STELLING ROAD, 2) THE DETACHMENT OF THE
SAME TERRITORY FROM THE SANTA CLARA COUNTY LIGHTING SERVICE
AREA
WHEREAS, a petition for the annexation of certain territory to the City of
Cupertino in the County of Santa Clara consisting of 107 acres and generally bounded by
Greenleaf Drive, Beardon Drive, Elenda Drive, Hazelbrook Drive, Ann Arbor Avenue,
Gardena Drive and Stelling Road, has been filed by numerous property owners and
residents of the area; and
WHEREAS, on May 21, 2001, the City Council adopted Resolution No. 01-117,
initiating proceedings for annexation of the area designated "Garden Gate 01-02"; and
WHEREAS, Section 56757 of the California Government Code states that the
Local Agency Formation Commission shall not have any authority to review an
annexation to any City in Santa Clara County of unincorporated territory which is within
the urban service area of the city of the annexation if initiated by resolution of the
legislative body and therefore the City Council of the City of Cupertino is now the
conducting authority for said annexation; and
WHEREAS, said ten'itory is inhabited and all owners of land included in the proposal
have not consented to this annexation; and
WHEREAS, in accordance with Section 57026 of the California Government Code, the
City Clerk of the City of Cupertino has provided mailed notice of the hearing on the
reorganization to all property owners of record, residents and other interested parties and
notification of their eligibility to protest this City-initiated proceeding with instructions
on how to prepare a valid, written protest; and
WHEREAS, the City of Cupertino shall conduct a public hearing on the reorganization in
accordance with Section 57050 of the California Government Code, to accept protests,
objections or evidence which is made, presented, or filed; and
Resolutlon No. 01-166 Page
WHERAS, the City of Cupertino, at the close of the public heating, intends to determine
the value of the written protests in order to take the appropriate action on the
reorganization.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
That it is the conducting authority pursuant to Section 56826 of the California
Government Code for the reorganization of territory designated "Garden Gate 01-
~2", more particularly described in Exhibits "A & B";
That the following findings are made by the City Council of the City of
Cupertino:
a. That said territory is inhabited and comprises approximately 107 acres.
That the annexation is consistent with the orderly annexation of territory
within the City's urban service area and is consistent with the City policy
of annexing when providing City services.
The City Council has completed an initial study and has found that the
reorganization of said territory has no significant impact on the
environment, and approves the granting of a Negative Declaration.
The City Council has prezoned the subject territory that constitutes the
entirety of the subject reorganization to pre-RI-10, single-family
residential prezoning on May 7, 2001.
That the ten'itory is within the city urban service area as adopted by the
Local Agency Formation Commission (LAFCO).
That the County Surveyor has determined the boundaries of the proposed
reorganization to be definite and certain, and in compliance with the
Commission's road annexation policies. The City has reimbursed the
County for actual costs incurred by the County Surveyor in making this
determination.
That the proposed annexation does not create islands or areas in which it
would be difficult to provide municipal services.
That the proposed annexation does not split lines of assessment or
ownership as determined by the Santa Clara County Assessor's Office.
That the proposed annexation is consistent with the City's General Plan.
Resolution No. 01-166 Page 3
That the territory to be annexed is contiguous to existing City limits under
provisions of the Government Code.
That the City has complied with all conditions imposed by the
Commission for inclusion of the territory in the City's urban service area.
That 230 valid protests to the reorganization proceedings were
received by the Clerk of the City of Cupertino, and the value of those
protests submitted prior to the close of the public heating constituted
31.1% of the 634 registered voters residing in the affected territory;
and 31.2% of the 647 property owners who own about 30.6% of the
$57,144,560 total assessed land valuation and that the most recent County
assessment roll and Registrar of Voters list of registered voters within the
unincorporated Garden Gate area were used to make these determinations.
That said reorganization is hereby ordered subject to confirmation by the
registered voters residing within the affected territory pursuant to Section 57075
et seq. of the Government Code and Section 57100.
BE IT FURTHER RESOLVED that if the reorganization proceedings are approved by
the registered voters residing within the affected territory:
A) City of Cupertino taxes and fees will be extended to this territory, which
includes:
1) The Utility Users' Tax of 2.4% of the natural gas, electricity, local and
long distance telephone charges;
2) The Storm Drainage Service Fee of $12.00 per residential parcel per
year; and
3) The Cupertino Business License Fee applicable to businesses in the
City and currently $94.00 per year for most home-based businesses.
B) The Santa Clara County Lighting Service Area Assessment of $23.68 shall
be removed.
Resolution No. 01-166 Page 4
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 16th day of July 2001, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
city Cl~k~~~--~
APPROVED:
~ayor, City of C~p~ad'o
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