CC Resolution No. 04-238 RESOLUTION NO. 04-238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING PUBLIC HEARING FOR CONSIDERATION OF REORGANIZATION OF
AREA DESIGNATED "MONTA VISTA 02-07", PROPERTY LOCATED IN THE
UNINCORPORATED AREA GENERALLY BOUNDED BY STEVENS CREEK
BOULEVARD, UNION PACIFIC RAILROAD TRACKS, MCCLELLAN ROAD AND
BLACKBERRY FARM, AN AREA OF APPROXIMATELY 43.41 ACRES.
WHEREAS, the City Council of the City of Cupertino is interested in annexing
territory designated "Monta Vista 02-07"; and
WHEREAS, the properties, consisting of 43.41_+ acres located in the
unincorporated area generally bounded by Stevens Creek Boulevard, Union Pacific
Railroad tracks, McClellan Road and Blackberry Farm, commonly referred to as Monta
Vista, is contiguous to the City of Cupertino and is within its urban service area; and
WHEREAS, annexation would provide for use of City services; and
WHEREAS, the following City taxes and fees will be extended to this area upon
annexation and the residents and property owners of Mnnta Vista will be duly notified in
advance. The taxes and fees are:
1) The Utility Users' Tax, which is currently 2.4% of the natural gas, electricity,
local and long distance telephone charges. Homeowners age 65 or over may
apply for a utility users' tax exemption at City Hall.
2) The Storm Drainage Service Fee, which is currently $12.00 per single-family or
duplex residential parcel, $144.00 per acre of apartment, commercial, or industrial
land, and $36.00 per acre of vacant land, on an annual basis.
3) The Business License Fee applies if you have a home business in Cupertino. The
annual fee is currently $I00.00 for most home businesses.
WHEREAS, this territory is inhabited and was prezoned on June 4, 1984 to City
of Cupertino Pre-R1-8 zone, pre-R1-7.5, Pre-P(Res 4.4-12), Pre-P(Res 4.4-7.7), or Pre-
P(ML); or prezoned on September 15, 1980 to City of Cupertino P(CN, ML, Res 4-12);
and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review has
completed an initial study and environmental review for the reorganization;
environmental review was previously completed for the prezonings of territory; and
Resolution No. 04-238
WHEREAS, the County Surveyor of Santa Clara County has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56757(c)(2), the boundaries to be definite and certain, and the proposal to be in
compliance with LAFCO's road annexation policies; and
WHEREAS, the County Assessor of Santa Clara County has found the boundaries
of the proposed reorganization described in the aforementioned map and description
conforming to lines of assessment or ownership;
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certifications have been paid; and
WHEREAS, the reorganization does not create islands or areas in which it would
be difficult to provide municipal services; and
WHEREAS, the reorganization is consistent with the adopted general plan of the
City and its adopted annexation strategy for urban pockets; and
WHEREAS, the city has complied with all conditions imposed by LAFCO for
inclusion of the territory in the urban service area of the city; and
WHEREAS, as provided in Government Code Section 56757 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; and
WHEREAS, the conducting authority recognizes under Government Code
Section 56375.3, it may order an annexation of the territory without an election;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates reorganization proceedings and will consider annexation of the
territory designated "Monta Vista 02-07" and detachment of that same territory that is
within the Santa Clara County Lighting Service District at a public hearing on February
2, 2004.
Resolution No. 04-238
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5th day of January 2004, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
James, Kwok, Lowenthal, Sandoval, Wang
None
None
None
ATTEST:
APPROVED:
'~May~r, City of C'upe~o