15 Staff Report - County Island AnnexationMEETING DATE: 12-05-05
~S N 0 ITEM NO.
~osuos COUNCIL AGENDA REPORT
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DATE: NOVEMBER 29, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: PROVIDE DIRECTION TO STAFF REGARDING THE COUNTY ISLAND
ANNEXATION PROCESS
RECOMMENDATION:
Provide direction to staff regarding the County island annexation process. Options for consideration
include:
1. Conduct outreach to property owners in the 15 eligible County islands to inform them about
the annexation process and to inquire as to their interest in annexing to the Town of Los
Gatos via their return of a postcard. Return to Council with results of outreach for further
direction.
2. Conduct outreach to property owners in the 15 eligible County islands to inform them about
the annexation process and to inquire as to their interest in annexing to the Town of Los
Gatos via contact to staff. Distribute postcard inquiry to only those islands wherein a
resident/property owner expresses interest. Return to Council with results of outreach for
further direction
3. Do not proceed with the island annexation process.
BACKGROUND:
In August 2005, the Town Council discussed the County's commitments to facilitating the island
annexation process as it is presently defined by revised State law. The County's commitments
included subsidizing cities' costs associated with the annexation process and providing street
improvements in the areas annexed. These commitments are available for any island annexations
completed by January 1, 2007, the ending date for the streamlined process pursuant to the revised
State annexation law. In Los Gatos, 15 of 16 County islands are.eligible for the streamlined process
(Attachment 1). Blossom Hill Manor is not eligible due to its size, which exceeds the 150-acre limit.
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PREPARED BY: PAMELA JACOBS
ASSISTANT TOWN MANAGER
Reviewed by: Assistant Town Manager Town Attorney Clerk Administrator
Finance Community Development Revised: 12/1/05 9:31 am
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PROVIDE DIRECTION TO STAFF REGARDING THE COUNTY ISLAND
. ANNEXATION PROCESS
November 29, 2005
At the August meeting, Town Council directed staff to return to Council following County action
regarding adopting development standards for unincorporated islands that mirror the surrounding
city's development standards. This staff report provides information regarding County action and
options for next steps.
DISCUSSION:
At the October 18, 2005 Board of Supervisors meeting, the Board considered the adoption of a
"Resolution of Intent in support of the future evaluation, consideration and amendment of County
zoning ordinance regulations regarding. residential development standards within the urban
unincorporated islands" (Resolution of Intent). (Attachment 1). The Board continued the discussion
to November 15`n, at which time it adopted the Resolution of Intent on a 3 to 2 vote. The Resolution
of Intent encourages cities to initiate and complete the annexations of islands under the State's
streamlined annexation laws: It further supports the amendment of the County zoning ordinance
governing residential development standards for the purpose of eliminating significant differences
between the standards of the County and cities. The Resolution of Intent addresses an important
issue of interest expressed by the Council and is in addition to the county's previous commitments
to subsidize costs associated with annexations and to provide street improvements in the areas
annexed.
Council has also expressed an interest in determining if property owners in eligible islands would
like to annex to the Town, although the streamlined process does not require protest hearings or a
vote. Given this interest, staff suggests two options for Council consideration.
In the first option, the Town could send a letter to property owners in the 15 eligible County islands
(approximately 800) seeking their expression of interest in annexing to the Town by returning a
postcard noting a "yes" or a "no" regarding annexation by a specified date. The letter would
include information about the annexation process and its benefits. Staff would return to Council
with the results of the inquiry for direction regarding next steps.
A second option could be sending a similar letter about the process and benefits to residents and
property owners in the 15 eligible County islands asking residents interested in annexing to the Town
to contact staff via e-mail or phone by a specified date. A postcard could then be sent to
residents/property owners in only those islands in which a resident/property owner has expressed a
positive interest in annexation.
With either of these two options, the expression of interest would not be considered a formal vote,
which would typically involve registered voters. These options assume that each property in the
eligible islands would generate one response (in the case of a rental unit, the owners of the property
would provide the response). The results of the postcard inquiry may not be representative if a
majority of residents do not respond. Council may want to discuss criteria for making a decision
regarding next steps. The criteria would relate to the percentage of property owners responding and
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PROVIDE DIRECTION TO STAFF REGARDING THE COUNTY ISLAND
ANNEXATION PROCESS
November 29, 2005
to the percentage of respondents favoring or not favoring annexation; thus the Council could
consider the following:
Criteria regarding percentage of respondents: Council could consider direction to proceed
or not with the annexation process based on either a majority (51%), two-thirds (66%), or
three-fourths (75%) of property owners responding in any given island, combined with the
following criteria.
Criteria regarding percentage of respondents favoring or not favoring annexation: Council
could consider direction to proceed or not with the annexation process based on the criteria
selected above combined with the criteria of either a majority (51%), two-thirds (66%), or
three-fourths (75%) of respondents in any given island favoring or not favoring annexation.
Since the law allowing the streamlined process expires on January 1, 2007, time is limited for
completing annexations pursuant to it. Options 1 and 2 above would require a minimum of four and
six weeks to complete, respectively; however, due to the holidays, this timeline may need to be
extended. This effort would need to be made a high priority for staff,. which may result in delays in
other work plan items.
The third option is to take no further steps regarding the island annexation process. This option
recognizes that to-date, the Town has heard from only a small number of island residents interested
in annexation. However, it is possible that some residents who maybe interested may not be aware
of the opportunity. In considering this option, it is also important to weigh the good faith effort that
the County has made to satisfy the Town's interest in proceeding with annexation tinder the
streamlined process.
CONCLUSION:
To-date, the County has taken significant steps to facilitate the annexation of islands to adjacent
cities under the streamlined process. Both the County and the Town recognize that annexation of
islands has many benefits to the County and Town and to the residents. At the same time, some
residents and property owners in the islands have not been supportive of annexation in the past.
Given the discussions to date, the Council may want to consider one of the three following options
regarding next steps:
1. Conduct outreach to residents and property owners in the 15 eligible County islands to
inform them about the annexation process and to inquire as to their interest in annexing to
the Town of Los Gatos via their return of a postcard. Return to Council with results of
outreach for further direction.
2. Conduct outreach to residents and property owners in the 15 eligible County islands to
inform them about the annexation process and to inquire as to their interest in annexing to
the Town of Los Gatos via contact to staff. Distribute postcard inquiry to only those islands
PAGE 4,
MAYOR AND TOWN COUNCIL
SUBJECT: PROVIDE DIRECTION TO STAFF REGARDING THE COUNTY ISLAND
ANNEXATION PROCESS
November 29, 2005
wherein a resident/property owner expresses interest. Return to Council with results of
outreach for further direction
3. Do not proceed with the island annexation process.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
It is expected that one-time sources are available to cover the costs of outreach required for options
1 and 2.
Attachments:
1. List and Map of County Islands within the Town
Distribution:
Pete Kutras, County Executive, Santa Clara County, 70 West Hedding Street, I I' Floor,
San Jose, CA 95110
Jane Decker, Deputy County Executive, 70 West Hedding St., East Wing, l lt'' Floor, San Jose, CA
95110-1770
Ann Ravel, County Counsel, Santa Clara County Counsel's Office, 70 West Hedding Street,
East Wing, 9th Floor, San Jose, CA 95110-1770
Ben Lopes, Fire Chief, Santa Clara County Fire Department, 14700 Winchester Boulevard,
Los Gatos, CA 95030-951.10
Carol Gruetzner, 16192 Oleander Avene, Los Gatos, CA 95032
Larry Gerston, 16191 Lilac Lane, Los Gatos, CA 95032
Woody Nedom,.16280 Azalea Way, Los Gatos, CA 95032
Forrest Firth, 15905 Orange Blossom, Los Gatos, CA 95032
Ken Waldvogel, Assistant Fire Chief, Santa Clara County Fire Department, 14700 Winchester
Boulevard, Los Gatos, CA 95030
Dunia Noel and Neelima Palacherla - Local Agency Formation Commission, Santa Clara County
- 1 lth Floor, East Wing, 70 West Hedding Street, San Jose, CA 95110
Cindy Steele, 16299 Lilac Lane, Los Gatos,' CA 95032
Paul Grams, 16426 Peacock Lane, Los Gatos, CA 95032
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