CC Resolution No. 6083RESOLUTION NO. 6083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ANNEXING THE AREA DESIGNATED 'FOOTHILL BOULEVARD 82-03'
WHEREAS, the City Council of the City of Cupertino, on November 1,
1982, adopted Resolution No. 5971 applying to the Santa Clara Local Agency
Formation Commission pursuant to Government Code Sections 35140 and 35110.
for the annexation of the area designated "Foothill Boulevard 82-03". A copy
said resolution is attached hereto as Exhibit "A" incorporated herein by
reference.
WHEREAS, according to said Resolution No. 5971, said territory to be
annexed was uninhabited and the written consent to annexation was obtained
from the landowners; thereby allowing the annexation to proceed without
notice and hearing as prescribed by Government Code Section 35221. A copy
of said consent is attached hereto as Exhibit "B" incorporated herein by
reference; and
WHEREAS, on January 1, 1983, prior to said Local Agency Formation
Commission's initiation of proceedings, Section 35150.5 of the Government
Code became effective which provided in part as follows:
(A) ......... The Commission (LAFCO) shall not have any
authority to review an annexation to any City in Santa
Clara County of unincorporated territory which is with-
in the urban service area of the city of the annexation
if initiated by resolution of the legislative body of the
city within two years after date upon which the urban
service area is delineated and adopted by the Commission.
WHEREAS, pursuant to Section 35150.5 of the Government Code the
City Council of the City of Cupertino is now conducting authority
for said annexation; and
WHEREAS, on January 27, 1983, the owners of a portion of said area
to be annexed, namely Robert S. Rice and Karen S. Rice, filed with the
City of Cupertino what purports to be a written protest to said annexa-
tion, even though they had previously executed a written consent as
described in Exhibit "B". A copy of said purported protest is attached
as Exhibit "C" and incorporated herein by reference; and
• •solution No. 6083
WHEREAS, the Citv Council of the City of Cupertino, as conducting
authority, does not recognize the validity of said protest because it
was made by the landowners in breach of their agreement with the County
of Santa Clara and City of Cupertino.
WHEREAS, the City Council of the City of Cupertino pursuant to
Section 35221 of the Government Code has the authority to proceed with
annexation of said territory without notice and hearing; nevertheless,
the City Council adopted Resolution No. 6064 setting a time and place
for a public hearing for consideration of annexation. A copy of said
Resolution is attached hereto as Exhibit "D", and incorporated herein
by reference; and
WHEREAS, the City Council of the City of Cupertino, has deemed
said Resolution No. 6064 together with Resolution No. 5971 as initiating
proceedings for annexation as nearly as practicable in accordance with
Article 2 of Chapter 3 of Division 2, Government Code; and
WHEREAS, notice of said hearing was given as prescribed by law;
and
WHEREAS, a public hearing was held before the City Council of the
City of Cupertino on Monday May 2, 1983 at 6:45 p.m., in the Council
Chamber, City Hall, 10300 Torre Avenue, Cupertino, California; and
WHEREAS, evidence, both written and oral were presented to the City
Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
I. That it is the conducting authority pursuant to Section 35150.5
of the Government Code, for the annexation of property designated
as "Foothill Boulevard 82-03", more particularly described in
Exhibit "E" attached hereto and incorporated herein by reference.
II. That the following findings are made by the City Council of the City
of Cupertino.
a) That annexation to the City of Cupertino will affect no changes
in special districts.
b) That said territory is uninhabited and comprises 2.24 acres.
c) That the annexation is consistent with the orderly annexation
of territory within the City's urban service and is consistent
with the City policy of annexing when providing City services.
d) The City Council has completed an initiated study and has found
that the annexation of said territory has no significant impact
on the environment, and previously approved the granting of a
Negative Declaration.
e) The City Council has previously adopted Ordinanre No. 1017 prezoning
the subject territory from Santa Clara County R1-10 to City of
Cupertino R1-10 on June 17, 1983.
-2-
• Resolution No. 6083
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers
NOES: Gatto
ABSENT: Sparks
ABSTAIN: None
ATTEST:
�2-
4 1 y Clerk e� o
APPROVED:
ayo City of Cu ertino
-4-
S0olution No. 6083
f) Said annexation was initiated by the City of Cupertino within
two years after the date upon which the urban area was delineated
and adopted by the Local Agency Formation Commission.
g) That the territory is within the City urban service area as
adopted by the Local Agency Formation.
h) That the County Surveyor has determined the boundaries of the
proposed annexation to be definite and certain, and in compliance
with Commission's road annexation policies.
i) That the proposed annexation does not split lines of assessment
or ownerships.
j) That the proposed annexation does not create islands or areas
in which it would be difficult to provide municipal service.
k) That the proposed annexation is consistent with the City's
adopted general plan.
1) That the territory to be annexed is contiguous to existing City
limits under the provisions of Section 35012.5 of the Government
Code in that:
I. Said property is within the sphere of influence of the City
of Cupertino as adopted by the Local Agency Formation Commission
and lies within an unincorporated area, wholly surrounded by
by the City of Cupertino and the City of Los Altos; and
2. Said property to be annexed, exclusive of public roadway, is
less than one half mile from the boundary of the City of
Cupertino.
III. That Exhibit "C" representing what purports to be a protest filed
with the City of Cupertino on Janury 27, 1983 by Robert S. Rice
and Karen S. Rice is void in that said same property ownerd, as
a condition to obtaining a subdivision map from the County of
Santa Clara including an abandonment by the City of Cupertino of
a waterline easement as well an an abandonment of a portion of
Creston Drive, executed a consent to annexation and that they
are estopped from withdrawing that tonsent.
IV. That said annexation is hereby ordered without election pursuant to
Section 35151 et seq. of the Government Code.
V. That the Clerk of the City Council of the City of Cupertino is directed
to give notice of said annexation as prescribed by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2nd day of May , 1983, by the following vote:
-3-
• Resolution No. 6083
Vote Members of the City Council
AYES: Johnson, Plungy, Rogers
NOES: Gatto
ABSENT: Sparks
ABSTAIN: None
ATTEST:: �)
i y Clerk
APPROVED:
ayo
7 City of Cu ertino
-4-