1999-165-Making A Finding On The Value Of Written Protests Filed And Not Withdrawn In Certain Inhabited Territory Designated As Marchmont No. 1RESOLUTION 1999 -165
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
MAKING FINDINGS ON THE VALUE OF WRITTEN PROTESTS
FILED AND NOT WITHDRAWN IN CERTAIN INHABITED TERRITORY
DESIGNATEID AS MARCHMONT DRIVE NO. 1,
.AND APPROVING ITS ANNEXATION TO THE TOWN OF LOS GATOS,
SUBJECT TO CONFIRMATION OF THE VOTERS
AT THE MARCH 7, 1999 PRIMARY ELECTION
.RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
County of Santa Clara, State of California that
WHEREAS, the proposed annexation to the Town of Los Gatos consisting of all that
unincorporated territory designated as 1Vlarchmont Drive No. 1 Annexation, located generally North
of Kennedy Road, :East of Englewood Avenue, South of La Chiquta Avenue and West of Hilow
Road in the County of Santa Clara is proposed for annexation to the Town of Los Gatos pursuant
to Part 2 ofTitle 4, Division 3, commencing with Section 56000 et seq, of the'Government Code;
WHEREAS, on September 7, 1999, the Town Council of the Town of Los Gatos, by its
Resolution No. 1999-13 9, initiated proceedings for the annexation of that certain inhabited territory
designated as Marchmont .Drive No. 1 to the Town of Los Gatos, and
WHEREAS, the Town of Los Gatos notified affected property owners by posting,
publishing and mailing hearing .notices pursuant to Sections. 57Q25 and 57026 of the Government
Code; :received protests pursuant to Section 57051 of the Government Code, held a .hearing on
October 18, 1999, pursuant to Section 570.50 of the Government Code, closed the hearing on
October :18,1999, and set November 1,1999 as the date determine the value of written protests filed
and not withdrawn and take an action as described in Section 57075 of the Government Code of the
State of California;
RESOLVED by the Town Council of the Town of Los Gatos that the following findings are
true and correct:
1. The project is categorically exempt from C.E.Q.A. Class No. 15319(a).
2. The territory is "Inhabited" as defined in Section 56046 of the Government Code of the State
of California.
3. The territory is contiguous to existing Town Limits.
4. The territory is within the Town's urban service area as adopted by the Local Agency
Formation Commission of Santa Clara County.
5. The proposal does not split dine of assessment or ownership.
6. The proposed annexation does not create islands or areas in which it would be difficult to
provide municipal services.
7. The proposal in consistent with the Town`s adopted general plan.
8. The reason for the proposed annexation is to properly plan and provide municipal service to
i
the area which is contiguous to the Town.
9. The protest filed and not withdrawn 'by registered voters within the territory is greater than
25 percent but .less than 50 percent, and the protests filed and not withdrawn by property
owners is more than 25 percent of the number of owners of wand who also own at least 25
percent of the assessed value of the eland within the affected territory.; and
.FURTHER RESOLVED, by-the Town Council of the Town of Los Gatos, a municipal
corporation of the County of Santa Clara, State of California, that pursuant to the provisions of
Sections 57075 and 57100 ofthe Government Code of the State of California, the annexation to the
Town of Los Gatos of that territory designated as Marchmont Drive No. 1, and described in real
property description map attached hereto.,. marked Exhibit "A", is approved, subj ect to a confirmation
of the voters by an election to be conducted currently with the March 7, 2000 Primary Election.
Election proceeding shall be conducted by the Santa Clara County Registrar of Voters.
FURTHER RESOLVED,. that upon .confirmation of these annexation proceedings by an
election, the territory annexed will be taxed on the regular county :assessment roll in Town of Los
Gatos Tax Rate A, excluding taxes for existing bonded indebtedness.
FINALLY RESOLVED, that upon .confirmation of these :annexation proceedings by an
election, the annexation ofthe territory known as Marchmont Drive No. 1 will be effective July 1,
2:000.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1 st day of
November, 1999 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,. Joe Przynslci,
Mayor Jan Hutchins.
NAYS.: None
ABSENT: None
ABSTAIN: None
SIGNED:
'OS
.ATTEST:
CLERK O:'~ THE TOWN OF LOS TOS
LOS GA'I'OS, CALIFORNIA
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March~on f Ori ve No. 1
Exhibit A