Res. 98-163 Emergency Call
RESOLUTION NO. 98-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DECLARING AN EMERGENCY REQUIRING THE CALLING OF AN ELECTION
FOR NOVEMBER 3,1998, RELATED TO THE LEVYING A GENERAL TAX UPON
PROPERTY TO BE ANNEXED TO THE CITY OF CUPERTINO
(RANCHO RINCONADA AREA)
WHEREAS, the City of Cupertino is considering the annexation of the Rancho
Rinconada area; and
WHEREAS, this annexation would involve the levying of a Utility Users Excise
Tax, which is a general tax; and
WHEREAS, Proposition 218, the "Right to Vote on Taxes Act" adopted by
California voters on November 5, 1996, Cal. Const. Art. XIIIC SS 2(b) which requir s
that the imposition of general taxes requires a majority vote of the electorate residing n
the area and the election must be consolidated with a regularly scheduled general ele tion
for members of the goveming body of the local government except in cases of emerg ncy
declared by a unanimous vote of the governing body; and
WHEREAS, unprecedented levels of development and change are occurring i the
Rancho Rinconada area; and
WHEREAS, Rancho Rinconada residents have expressed a desire for higher
levels of government service, local government representations, and greater control 0
their neighborhood; and
WHEREAS, City and County officials and staff have been working diligently
with Rancho Rinconada residents for over a year to address their concerns and have
identified annexation to the city of Cupertino as the best means of accomplish their gals;
and
WHEREAS, infonnal surveys and neighborhood meetings indicate a high lev I of
interest in annexation to the City; and
WHEREAS, the City must proceed with all due speed and urgency with the
annexation while knowledge and interest remain high; and
WHEREAS, the City of Cupertino needs to extend existing City taxes and fe to
any annexed area to remain fiscally responsible; and
WEHREAS, Proposition 218 may require Rancho Rinconada voters and/or
property owners to approve such taxes and fees; and
Resolution No. 98-163
Page 2
WHEREAS, the earliest election available is November 3, 1998 to place such tax
measure; and
WHEREAS, the further delay of such an election will likely result in a significant
loss of goodwill, effort, time and resources for the City of Cupertino, County of Santa
Clara and Rancho Rinconada residents.
NOW, THEREFORE, BE IT RESOLVED, that the City Council, by separate
resolution and by unanimous vote, has declared that the vote on the instant proposition
constitutes an emergency, thereby eliminating the requirement that the election occur at a
regularly scheduled general election for members of the City Council; and
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
NONE
NONE
ATTEST:
APPROVED:
/S/K1MBERL Y SMITH
City Clerk
/S/MICHAEL CHANG
Mayor, City of Cupertino