05 Staff Report - West Parr Avenue Right-of-Way~aW N 0 MEETING DATE: 08/17/09
ITEM NO.
.,u,,,,Y ~ CONSENT ITEM
COUNCIL AGENDA REPORT
DATE: August 5, 2009
TO: MAYOR AND TOWN COUNCIL J~-.
FROM: GREG LARSON, TOWN MANAGER O
SUBJECT: ADOPT RESOLUTION SETTING DATE FOR CONSIDERATION OF
REORGANIZATION OF AN UNINHABITED AREA DESIGNATED AS
WEST PARR AVENUE RIGHT-OF-WAY, APPROXIMATELY 1.40 ACRES
LOCATED ON WEST PARR AVENUE BETWEEN CAPRI DRIVE AND
POLLARD ROAD; FILE #AN09-04.
RECOMMENDATION:
Adopt resolution setting date for consideration of reorganization of uninhabited area designated West
Parr Avenue Right-of-Way, approximately 1.40 acres located on West Parr Avenue between Capri
Drive and Pollard Road.
BACKGROUND:
On June 3, 2009 the Santa Clara County Local Agency Formation Commission (LAFCO) Board
approved Sphere of Influence (SOI) and Urban Service Area (USA) amendments related to road
right-of-way on West Parr Avenue between Capri Drive and Pollard Road. The SOI and USA
realignments were done to coincide with the centerline of West Parr Avenue. The application was a
joint request from the City of Campbell and the Town of Los Gatos and was made to correct the
boundary between the two jurisdictions and to facilitate road maintenance.
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 by
the LAFCO. The process is usually initiated by the Town after a property owner files an annexation
petition. In this case, the Town and City of Campbell are collaborating to resolve long standing
maintenance and jurisdictional issues on West Parr Avenue.
9/U
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney Clerk LFinance -GV/- Community Development Revised: 8/5/09 10:00 AM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: WEST PARR AVENUE RIGHT-OF-WAY; FILE #AN09-04.
August 4, 2009
Legislation that became effective in 2004 now requires the Town to hold a "protest proceeding" even
if the area proposed for annexation is uninhabited and all property owners have consented to the
annexation. This first meeting and resolution sets the date for the protest proceeding.
DISCUSSION:
The proposed right-of-way realignment will define the jurisdictional boundary between the City of
Campbell, County of Santa Clara and the Town and will resolve road maintenance issues. The right-
of-way on the south side of West Parr Avenue is currently divided among Campbell (18%), the
Town (11%), and Santa Clara County (71%). The SOI and USA amendments were necessary to
align these boundaries with the centerline of West Parr Avenue. The right-of-way can now be
annexed to the centerline of the road and the Town will assume ownership and maintenance of the
half-street right-of-way as is typical of other roads that border the Town and an adjacent city. The
north half of the right-of-way will be owned and maintained by the City of Campbell. The protest
proceeding for the annexation has been scheduled for September 8, 2009.
ENVIRONMENTAL ASSESSMENTS:
Annexation of the subject right-of-way is exempt for the California Environmental Quality Act
guidelines, pursuant to Section 15061(b)(3).
FISCAL IMPACT:
Santa Clara County and LAFCO have agreed to waive up to $5000.00 of processing fees. The
LAFCO fee total is $6,566.75. The Town of Los Gatos and City of Campbell will share the
differences in the amount of $1,566.75 toward payment of these fees. The Town and City of
Campbell will also jointly pay a $350 fee to the State Board of Equalization to complete the
annexation.
Attachments:
Resolution snaking determinations and approving the reorganization of territory designated
Parr Avenue Right-of-Way, with Annexation Exhibits A& B.
Distribution:
Trang Tu-Nguyen, Parks & Public Works Department, Engineering Division
Robert Kass, City of Campbell Public Works Dept., 70 N. First Street, Campbell, CA 95008
Michael Lopez, Planning Manager; Environmental Resources Agency, 7th Floor; County
Government Center, East Wing; 70 W. Hedding Street, San Jose, CA 95110
N:\DEV\SUZANNE\Council\Reports\Annexation\WPair-R-O-W-intro.doc
RESOLUTION 2009 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
SETTING DATE FOR CONSIDERATION OF REORGANIZATION
OF UNINHABITED TERRITORY DESIGNATED
WEST PARR AVENUE RIGHT-OF-WAY
APPROXIMATELY 1.40 ACRES OF ROADWAY
BETWEEN CAPRI DRIVE & POLLARD ROAD
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated West Parr Avenue Right-of-Way; and
WHEREAS, the right-of-way, 1.40 acres, more or less, is adjacent to a Town boundary and
within its urban service area; and
WHEREAS, no special districts would be affected by the proposal; and
WHEREAS, the annexation would alleviate jurisdictional and maintenance issues; and
WHEREAS, the Town of Los Gatos, as Lead Agency for environmental review for the
reorganization has determined annexation of the subject property is exempt for the California
Environmental Quality Act guidelines, pursuant to Section 15061(b)(3); and
WHEREAS, the County Surveyor of Santa Clara County has prepared the map and
description (Exhibits "A" and "B") in accordance with Government Code Section 56757, and it has
been determined that the boundaries are definite and certain, and the proposal is in compliance with
LAFCO's road annexation policies; and
WHEREAS, as provided in Government Code Section 56757, the Town Council of the
Town of Los Gatos shall be the conducting authority for a reorganization including an annexation to
the Town; and
WHEREAS, the territory is uninhabited and all owners of land included in the proposal have
consented to this annexation; and
WHEREAS, Government Code Section 56663(a) provides that if a petition for annexation is
signed by all owners of land within the affected territory the Town Council may approve or
disapprove the annexation without public hearing;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los
Gatos hereby initiates annexation proceedings and will consider annexation to the territory
designated as West Parr Avenue Right-of-Way at their regular meeting of September 8, 2009.
ATTACEMNT 1
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 17t1i of
August 2009, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\SUZANNE\Amexation\WPaiTAve-R-O-W\WPatr-R-O-W-Reno 1 doc
EXHIBIT "A"
TOWN OF LOS GATOS
URBAN SERVICE AREA AMENDMENT
AND ANNEXATION, WEST PARR AVENUE
A portion of Lots 13, 14, 15 and 16, and a portion of San Tomas Aquino Road (50 feet
wide, now Capri Drive, 60 feet wide) as said Lots and Road are shown on that certain Map
of the W. J. Parr Subdivision, filed for record in Book "A" of Maps at Page 95, Santa Clara
County Records, lying in the Rancho Rinconada De Los Gatos, more particularly described
as follows:
BEGINNING on the centerline of Parr Avenue (50 feet wide) as shown upon said map,
also being the point of intersection of the annexations to the City of Campbell entitled
"Pollard 1977-1" and "Pollard 79-10" with the annexation to the Town of Los Gatos
entitled "Pollard Road No. 77-l"; thence easterly along said centerline and along the
existing city limit line of the City of Campbell, (1) North 88° 52' 00" East, 2441.20 feet to
the centerline of said San Tomas Aquino Road; thence southerly along said centerline and
continuing along said existing city limit line of the City of Campbell, (2) South 11 ° 21' 00"
West, 25.61 feet to the easterly prolongation of the southerly line of said Parr Avenue, also
being the most northerly corner of the annexation to the Town of Los Gatos entitled
"Capri-Division-Winchester"; thence westerly along said southerly line of Parr Avenue and
the easterly prolongation thereof, also being the existing limit line of the Town of Los
Gatos, (3) South 88° 52' 00" West, 2441.20 feet to the southeast corner of said annexation
to the Town of Los Gatos entitled "Pollard Road No. 77-1"; thence northerly along the
easterly line of said annexation, (4) North 11 ° 21' 00" East, 25.61 feet to the Point of
Beginning and containing 1.40 acres of land, more or less.
For assessment purposes only. This description of land is not a legal property description
as defined in the Subdivision Map Act and may not be used as the basis for an offer for sale
of the land described.
Gwendolyn Gee
PLS 6780, Expires 9-30-10
County of Santa Clara, County Surveyor
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