18 Staff Report - Arnerich Road No. 1W N MEETINGDATE:1/17/06
ITEM NO.
COUNCIL AGENDA REPORT
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DATE: January 10, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: HEARING TO CONSIDER PROTESTS CONCERNING THE
REORGANIZATION OF INHABITED TERRITORY TO THE TOWN OF LOS
GATOS KNOWN AS ARNERICH ROAD NO. 1
RECOMMENDATION:
Hold the hearing;
2. Close the hearing;
3 Set Monday, February 6, 2006 as the date to adopt a resolution making a finding of the value
of protests filed and not withdrawn. No further action or decision needs to be made at the
January 17, 2006 meeting.
BACKGROUND:
Section 56757 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 gives
the cities in Santa Clara County the authority to annex territory without application to and hearing
bythe Santa Clara County Local Agency Formation Commission (LAFCO). The process is initiated
by the Town after the property owners file an annexation petition, which has occurred. The initiating
process announces the intention of the Town to annex territory and provides for noticing of affected
residents by publishing, posting, and mailing notices. The notice of intention to annex territory is
delivered a minimum of 15 days in advance of the hearing. The hearing should be no sooner than
30 days and no more than 45 days from the date of the resolution initiating the proceedings.
Resolution 2005-125, setting the date of the hearing, was adopted on December 5, 2005.
This act also requires the Town to hold a "protest proceeding" if the area proposed for annexation
is inhabited, even if all of the property owners have consented to the annexation.
PREPARED BY: OHN E. CURTIS
irector of Parks and Public Works
Reviewed by: P S Assistant Town Manager
Finance Community Development
Clerk Administrator
Revised: 1/10/06 3:30 pm
Reformatted: 5/30/02 N:\B&E\COUNCU-REPORMAnnex-Americh-1 Hearing.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: HEARING TO CONSIDER THE ANNEXATION OF ARNERICH ROAD NO
January 12, 2006
DISCUSSION:
The annexation territory is within the Town's Urban Services Area (USA) boundary, and is primarily
pre-zoned HR-20 (20 to 160 acres per dwelling unit). There are two small parcels that were pre-
zoned RC (Resource Conservation), since they are under a Williamson Act contract. However,
Santa Clara County has filed notices of non-renewal on them since they are too small to be used for
agriculture. The Williamson Act contract expires in about 5 years. This area encompasses 79 acres
of land and contains 16 parcels. All of the property owners and registered voters have signed the
petition for annexation (Attachment 2). The annexation territory is at the far southeasterly edge of
the Town's USA boundary. Unless the USA boundary were to be adjusted, no additional annexations
can take place southerly of this area.
Pursuant to annexation law, Council will need to take one of the following actions at the meting
scheduled for February 6, 2006 based on the protests filed and not withdrawn by the close of the
January 17, 2006 public hearing:
1. 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.
2. 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.
3. Terminate the proceeding if a majority protest exists in accordance with Section
57078 of the Government Code.
CONCLUSION:
Residents in this area have petitioned to be annexed to the Town of Los Gatos. Annexation of the
area is consistent with the Town policy of annexing areas contiguous to the Town to enable proper
planning and the provision of municipal services.
ENVIRONMENTAL ASSESSMENTS:
This action is a prof ect as defined under CEQA but is statutorily exempt under Section 15061(b)(3).
FISCAL IMPACT:
The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization,
have been paid by the chief petitioner:
NAB&MCOUNCII. REPORMAnnex-Arnerich-1 Hearing.wpd
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: HEARING TO CONSIDER THE ANNEXATION OF ARNERICH ROAD NO. 1
January 12, 2006
Map, Legal Description and Guideline Checking Fees $2,000.00 (paid)
LAFCO Processing Fee 670.00 (paid)
State Board of Equalization Fee . .........................1,500.00 (paid)
The chief petitioner has paid annexation fees to the Town of $400.00, plus a computer service fee
of $16.00 and a microfiching fee of $75.00. Additionally, he has paid the cost for placing the notice
of the annexation in the local newspaper on two separate occasions.
If the reorganization is approved, once it is certified by the State Board of Equalization, the Town
will receive approximately nine percent (9%) of the property taxes.
Attachments:
1. Map of Arnerich Road No. 1 Annexation.
2. Annexation Petition
Distribution:
Neelima Palacherla, Executive Officer, Santa Clara County LAFCO, County Government Center,
East Wing, 111h Floor, 70 W. Hedding Street, San Jose, CA 95110
Michael Lopez, Interim Director, Environmental Resources Agency, County Government Center,
East Wing, 7th Floor, 70 W. Hedding Street, San Jose, CA 95110
Gay Strand, Manager for Administrative Services, County Library Service Area, 14600 Winchester
Boulevard, Los Gatos, CA 95032
Ed T. Pearson, 239 Thurston Street, Los Gatos, CA 95030
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PETITION
FOR THE ANNEXATION OF TERRITORY TO THE
TOWN OF LOS GATOS
The undersigned hereby petition the Town Council of the Town of Los Gatos for approval of a proposed
annexation, and stipulate as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Government Code
(commencing with Section 56000, Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000).
2. The proposed annexation is designated as: (To be completed by Town Staff)
~-1y M~ I C E-~ R o A-b Nl Cie j- and consists of
foc.)'H-7
Annexation to the Town of Lots Gatos of ~Z acres on the-(-NAS FE t~ side s
(
of /t f t 2- N C3YL.k C14 ~~4 f.c l Ls7 `l
street name) betweer3 C 1 GEC S jZ
(street name) and (street name).
3. A metes and bounds description of the exterior boundaries of the territory included in the proposal,
marked "Exhibit 'A"', and a map of said territory, marked " Bxhibit'B"', are attached to this petition and
by this reference incorporated herein.
4. The territory to be annexed is:
inhabited (12 or more registered voters) _
uninhabited (less than 12 registered voters).
5. This proposal is consistent with the Sphere of Influence of the Town of Los Gatos.
6. The reason(s) for the proposed annexation is/are:
Q'b 116- 1 N M.U 6J VCA 961-- 5 C-12UiCeS
7. It is desired that the proposed annexation be made subject to the following terms and conditions:
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Attachment 2
8. The on(s) signing this petition has/have signed as (check one):
owner(s) of land within the affected territory,
registered voter(s) within the affected territory.
9. The undersigned proponelits do/( )do not (check one) own -100 percent of the territory proposed
for annexation.
y
t
Wherefore, petitioner(s) request(s) that be taken in accordance with the provisions of Section 56000 et seq.
of the Government Code, and herewith affix signature(s) as follows:
SIGNATURES
OF PETITIONERS
(Please print T 511 e
C
ASSES,~O'DAile IJ
belo ignature)
MAILING ADDRESS'
PARCEL NO.
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-5-37•-/7•- 3r3
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DATE: 1 l b3
Phone: H - ~ W is l ~f - ff n .
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Phone: H -1 f q W
For additional signatures, use Supplemental Petition.
WHEN COMPLETE RETURN TO:
Town of Los Gatos
Parks & Public Worlo Department
P.O. Box 949
Los Gatos, California 95031
Phone: (408) 399-5770
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