Loading...
CC Resolution No. 3724 RESOLUTION N0. 3724 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO PROVIDING FOR THE SUBMISSION OF APPLICATION 6-U-73, A USE PERMIT APPROVED BY THE CITY COUNCIL OF THE CITY OF CUPER- TINO, TO THE ELECTORS OF THE CITY OF CUPERTINO PURSUANT TO THE FILING OF A REFERENDUM PETITION WITH THE CITY CLERK CONTAINING THE SIGNATURES OF NOT LESS THAN TEN PER CENT OF THE VOTERS OF THE CITY OF CUPERTINO, AND REQUESTING THE BOARD OF SUPERVISORS OF SANTA CLAR.A COUNTY TO PROVIDE FOR THE CONSOLIDATION OF SAID ELECTION WITH THE STATE OF CALIFORNIA GENERAL ELECTION TO BE HELD NOVEMBER 5, 1974 WHEREAS, a referendum petition was filed against the approval of Use Permit 6-U-73 by the City Council of the City of Cupertino, approved on July 16, 1974, and said petition is found to.have the signatures of 1,951 qualified electors of the City of Cupertino when filed on August 13, 1974, and WHEREAS, the City Council does find that said petition has sufficient qual- ified voters to qualify as referendum petition, there having been 10,610 registered electors in the City of Cupertino as of May 5, 1974, and WHEREAS, the City Council has reconsidered 6-U-73 and declined to revoke 6-U-73. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CUPERTINO: Section 1. The City Council hereby elects not to repeal the Use Permit granted to Vallco Park Ltd. on July 16, 1974 and hereby directs.that a special election be, and the same is, hereby called.to be held.in,the City of Cupertino, and the same shall be consolidated with the State of California.General Election to be held on Tuesday, November 5, 1974, at which election ~shall be.submitted to the qualified electors of the City the referendum measure considering the enactment of 6-U-73 by the City Council of the City of Cupertino, as follows: MEASURE SUBMITTED TO THE VOTE OF THE VOTERS Shall the electors of the City of Cupertino approve the granting of a Use Permit as approved by the City Council on July 16, 1974 to allow construction of a Regional Shopping Center containing a total of approximately 765,000 sq. ft. of commercial floor area in addition to the existing Sears facility within a P(Planned development with a Regional Shopping Center commercial use intent) zone. Said~property is located southerly of and adjacent to Free- way Route 280 at its intersection with Wolfe Road, extending south- erly on the westerly side of Wolfe Road from said Freeway to Stevens Creek Boulevard and extending southerly from said Free- way on the easterly side of Wolfe Road to Vallco Park Way. :YES: . N0: Section 2. The Board of Supervisors of the County is hereby requested to order the consolidation of said special election with said general election to be held on TUESDAY, NOVII~4BER 5, 1974, insofar as the City is concerned, and to ~urther pro- vide that within the territory affected by said order 6f consolidation, to wit, the City, the election precincts, polling places and voting booths shall in every case be the same, and there shall be only one set of election off icers in each of said precincts. Said measure hereinabove set forth shall be set forth in eacti form of ballot to be used at said election insofar as the same is held within the City. Said Board of Supervisors of the County is further requested to order the Registrar of Voters of the County (i) to set forth on all sampie ballots relating to said consolidated elections, to be mailed to the qualified electors of the City, said measure hereinabove set forth, and to mail with said sample ballots to said electors printed cop3es of said measure and arguments (if any) for and against, said measure, and each of them, and (ii) to provide absent voter ballots for said general election and said special election eonsolidated therewith for use by qualified electors of the City who are entitled thereto, in the manner provided by law. Section 3. The Registrar of Voters of the County is hereby further authorized to canvass, as provided by l~w, the returns of said special election with respect to the votes casE on said measure and to certify such canvass of the votes cast for and against said measure to the Council. Section 4. The City Clerk is hereby authorized and directed to certify to the due adoption of this resolution and to transmit a copy hereof so certified to the Board of Supervisors ot the County and to file a copy hereof so certified with the Registrar of Voters of the County. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of August, 1974, by the following vote: Vote Nfembers of the City Council AYES: Jackson, Meyers, Nellis NOES: Frolich, Sparks ABSEidT : None ABSTP;IN : None APPROVED: ~s/' Reed Sparks. _ P~iayor, City of Cupertino ATTEST: /s/. El~len Pagnini i Deputy City Clerk -2- a , . CLERK'S CERTIFICATE I, Ellen Pagnini, Deputy City Clerk of the City of Cupertino, State of California, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted by the City Council of said City at a regular meeting of said Council duly and regularly and legally held at the Monta Vista High School auditorium, 21840 McClellan Road, Cupertino, California, on the 19th day of August, 1974, of which meeting all of the members of said Council had due notice and at which all members were present and acted; that at said meeting said resolution was moved by Councilman Jackson, seconded by Councilman Meyers and adopted by the following vote: AYES: Jackson, Meyers, Nellis NOES: Frolich, Sparks ABSENT: None ABSTAIN: None Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. WITNESS my hand and the seal of the City this 19th day of August, 1974. . /s/ Ellen Pagnini Deputy City Clerk [SEAL]