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13 Staff Report Blossom Hill Manor No. 11DATE: TO: FROM: ~pW N p .MI l!ps G A`pS MEETING DATE: 2/17/04 ITEM NO. /3 COUNCIL AGENDA REPORT February 10, 2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER SUBJECT: HEARING TO CONSIDER PROTESTS CONCERNING THE REORGANIZATION OF INHABITED TERRITORY TO THE TOWN OF LOS GATOS KNOWN AS BLOSSOM HILL MANOR NO. 11 RECOMMENDATION: 1. Hold the hearing; 2. Close the hearing; 3. Set Monday, March 15, 2004 as the date to adopt a resolution making a finding of the value of protests filed and not withdrawn, and take one of the following actions at that meeting: a. Order the change of organization without an election if written protests have been filed and not withdrawn by less than 25 percent of the registered voters or less than 25 percent of the number of owners of land owning less than 25 percent of the assessed value of land within the affected territory. b. Order the change of organization, subject to confirmation by an election if written protests have been filed and not withdrawn by more than 25 percent but less than 50 percent of the registered voters residing within the territory,. or more than 25 percent but less than 50 percent of the owners of land owning more than 25 percent of the assessed value of land within the affected territory. C. Terminate the proceeding if a majority protest exists in accordance with Section 57078 of the Government Code. BACKGROUND: The proposed annexation known as Blossom Hill Manor No. 11 was initiated by residents of that area. In meetings with staff, a schedule of milestone events was established for this process to take place. PREPARED BY: J HN E. CURTIS irector of Parks and Public Works Reviewed by: QS Assistant Town Manager Attorney Clerk_Finance Community Development Revised: 2/10/04 12:32 pm Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\bh.mannor.I Lannex.TC Hearing.wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT:` HEARING TO CONSIDER THE ANNEXATION OF BLOSSOM HILL MANOR NO. 11 February 11, 2004 - The hearing to consider protests was originally scheduled to be held at the regular January 20th Town Council meeting, but it had to be rescheduled owing to an error in the public notice process, attributed to others. The residents proposing the annexation accepted the rescheduling of the hearing .to this Town Council meeting. Once the request for annexation was presented to the Town by residents, the size and shape of the area to be annexed was prepared by, staff and given approval by the Santa Clara County Local Agency Formation Commission. The process next announces the intention of the Town to annex this territory and provides for noticing of affected residents by publishing, posting and mailing notices. The notice of intention to annex territory was delivered a minimum of 15 days in advance of the hearing as called for by the Government Code. In order to assist the residents of this unincorporated area in understanding the annexation process, staff sent packets of information to them, along with the hearing notice. The information included a form on which the registered voters and/or property owners can indicate their support or opposition to the annexation. The form may be submitted to the Town either before or at the public hearing. DISCUSSION: Blossom Hill Manor No. 11 is a portion of an unincorporated island surrounded by the Town of Los Gatos. It is within the Urban Service Area and within the Town's sphere of influence. It is appropriate from these perspectives to consider this annexation. CONCLUSION: It is, appropriate for the Town Council to hear and consider protests at this meeting, if any, concerning the proposed annexation. All protests to this annexation must be made by the close of the hearing at this meeting. Staff will evaluate the responses received prior to or by the close of the hearing and recommend action at he March 15, 2004 Town Council meeting based on the findings of the value of the protests received. The recommended action would be one of the following: A. Order the change of organization (annexation) without an election B. Order the change of organization based on an election C. Terminate the proceedings N:\B&E\COUNCIL REPORTS\Wmannor.I I.annex.TC Hearing.wpd PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: HEARING TO CONSIDER THE ANNEXATION OF BLOSSOM HILL MANOR NO. 11 February 11, 2004, ENVIRONMENTAL ASSESSMENT: This action is a project as defined under CEQA but is statutorily exempt under Section 15061(b)(3). FISCAL IMPACT: The following fees are assessed by the Santa Clara County Surveyor, LAFCO and the State Board of Equalization, and paid by the petitioners. The LAFCO and State BOE fees are not due until the annexation is approved. Map, Legal Description and Guideline Checking Fees $2,000.00 (paid) LAFCO Processing Fee 340.00 (not yet due) State Board of Equalization Fee 500.00 (not yet due) Once the annexation is certified by the State Board of Equalization, the Town will receive approximately 13% of the property taxes paid, and Town services will be provided to the Town. Attachments: Map of the Blossom Hill Manor No. 11 Annexation Distribution: Neelima Palacherla, Executive Officer, Santa Clara County Local Agency Formation Commission, County Government Center, East Wing, 70 W. Hedding Street, 11`h Floor, San Jose, CA 95110 Tim Chow, Director, Environmental Resources Agency, County Government Center, East Wing, 70 W. Hedding Street, 7"Floor, San Jose, CA 95110 Gay Strand, Manager for Administrative Services, County Library Service Area, 1095 North First Street, San Jose, CA 95112 Carol Gruetzner, 16192 Oleander Ave., Los Gatos, CA 95032 Larry Gerston, 16194 Lilac Lane, Los Gatos, CA 95032 Eleanor Gallmeister, 16210 Lilac Lane, Los Gatos, CA 95032 NAB&E\COUNCU, REP0RTS\bh.mannor.11.annex.TC Hearing.wpd z O gvx,91. w ZMG 9L19L 0ML ~ML tr6L9L • z6L9L ML9~ Z v O~z9L KZ9L 5LZ9L gczg Da 0929 G L gz9 \ *moo o 99Z9 L L9z9L ZK9 G tIZZ9 88Z9L 9629 8629 L 6629 9089 0CC9~9