CC Resolution No. 01-167RESOLUTION NO. 01-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CALLING FOR
A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING A MEASURE BEFORE
THE QUALIFIED VOTERS OF THE GARDEN GATE AREA WITHIN THE
UNINCORPORATED TERRITORY OF THE COUNTY OF SANTA CLARA
WHEREAS, For purposes of this resolution the area known as "Garden Gate 01-02" is
described as the unincorporated area generally bounded by Greenleaf Drive, Beardon Drive,
Elenda Drive, Hazelbrook Drive, Ann Arbor Avenue, Gardena Drive and Stelling Road,
commonly referred to as Garden Gate, and consisting of approximately 107 acres of land; and
WHEREAS, more than 25% but less than 50% of the registered voters residing in the
Garden Gate area submitted written protests to the proposed reorganization of territory
designated as Garden Gate 01-02; and
WHEREAS, Section 57075 ct seq. of the Government Code requires that an election be
held to confirm the order for reorganization; and
WHEREAS, the order to reorganize shall be confirmed if a majority of the votes cast by
the registered voters residing within the Garden Gate area are in favor of the reorganization; and
WHEREAS, if the order to reorganize is confirmed, the Santa Clara County Lighting
Service Assessment will be removed, and Cupertino city taxes and fees will be extended to the
Garden Gate area. These include the utility users tax, the storm drainage service fee, and the
Cupertino business license fee.
WHEREAS, a statewide general election will be held on Tuesday, November 6, 2001.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino,
acting as a conducting authority, hereby calls a special election to be held Tuesday, November 6,
2001, and directs that the following measure be submitted to the qualified voters of the Garden
Gate area.
City of Cupertino
Measure ( )
YES
Shall the reorganization order adopted on July 16, 2001, by the Cupertino
City Council be confirmed? The reorganization would affect the
unincorporated area of Garden Gate and provide for (1) the annexation of NO
about 107 acres of territory known as Garden Gate to the City of
Cupertino; and (2) the detachment of the same territory from the Santa
Clara County Lighting Service Area.
Resolution No. 01-167
Page 2
THE CITY COUNCIL OF THE CITY OF CUPERTINO FURTHER RESOLVES:
1)
The Board of Supervisors of Santa Clara County is hereby requested to order the
consolidation of the special election with the statewide general election, and is hereby
authorized to canvass the returns of said special election. Said election shall be held in all
respects as if there were only one election and only one form of ballot shall be used. Said
Board of Supervisors shall certify the results of the canvass of the returns of said special
election to the Council, which shall thereafter declare the results thereof.
2)
The special election is hereby ordered to be consolidated with the statewide general
election to be held on November 6, 2001, within the territory affected by the
consolidation. The election shall be held and conducted, closed, ballots counted and
returned, returns canvassed, and results declared, and all other proceedings incidental to
and connected with the election shall be regulated and done in accordance with the
provisions of law regulating the statewide general election and specified herein.
3)
The City Clerk shall publish a notice of election and synopsis of the measure one time in
a newspaper of general cimulation.
4)
All persons qualified to vote at general elections in the Garden Gate unincorporated area
upon the date of the special election herein provided for shall be qualified to vote upon
the proposition submitted at said special election.
5)
The deadline for arguments in favor or in opposition to the measure is 5:00 p.m. on
Monday, August 6. The deadline for rebuttals to the arguments is 5:00 p.m. on Thursday,
August 16.
6)
The City Council hereby approves the impartial analysis of the measure (Attachment A)
prepared by the City Attorney, representing the conducting authority
7)
The City Clerk is hereby directed to certify to the adoption of this resolution and to
transmit a copy hereof to the Board of Supervisors of the County and to file a certified
copy 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 16th day of July 2001 by the following vote:
Vote
Members of the City Council
AYES: Bumett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAiN: None
ATTEST:
Attachment A
Measure
Impartial Analysis
A yes vote on measure __ would approve of the Cupertino City Council's action to
annex the unincorporated neighborhood, known as "Garden Gate" into the City of
Cupertino (City) and detach the same area from the Santa Clara County Lighting Service
Area (Lighting Area). A no vote on Measure __ would disapprove of the annexation
to the City and detachment from the Lighting Area.
The Garden Gate neighborhood consists of 107 acres and 359 single-family homes
generally located East and West of Stelling Road and South of Highway 280. The area is
considered a "County Pocket" and is surrounded on all sides by incorporated areas of the
City of Cupertino. If the annexation is approved the City would extend municipal services
to the area including traffic enforcement, code enforcement, street maintenance and street
Iighting. Additionally, residents would be able to petition or request other services
typically offered to City residents such as traffic calming measures and street crossing
guards. Upon annexation residents would be eligible to serve on city advisory
commissions and vote for City Council candidates and/or run for City Council seats.
Both the City and the County limit the maximum size of single-family homes to 45% of
the net lot area; however, the City requires design approval for any new two-story home or
second story home addition that is proposed to exceed 35% of the net lot area. The County
requires greater building setbacks for single story portions of homes and the City requires
greater setbacks for second story portions of homes. Upon annexation, homes that do not
meet the City zoning standards would be considered "grandfathered" and would not have
to be modified to meet City standards unless they were tom down and rebuilt. However,
all new additions to existing homes would need to meet City zoning standards.
If the area is annexed into the City and detached from the Lighting Area, property owners
would no longer pay the Lighting Area assessment that is currently $23.68 per home per
year, and residents would assume the City's utility users tax of 2.4% of their natural gas,
electricity, and local and long distance telephone charges. Residents who are seniors 65
years of age or older may apply for an exemption to this tax. Property owners would also
pay a storm drain service fee of $12 per lot per year. Residents who operate their own
home-based businesses would pay a business license fee of $94 per year. Annexation does
not trigger re-assessment of property taxes nor require installation of new street or
sidewalk improvements by residents.
Charles T. Kilian
City Attorney, City of Cupertino