01 Staff Report - West Parr Avenue Right-Of-WayDATE:
TO:
FROM:
COUNCIL AGENDA REPORT
August 31, 2009
MAYOR AND TOWN COUNCIL
MEETING DATE_ 9/8/09
ITEM NO.
GREG LARSON, TOWN MANAGER
SUBJECT: ADOPT RESOLUTION APPROVING THE REORGANIZATION OF
TERRITORY 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 a resolution approving the reorganization of territory designated as 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. The annexation was introduced at the
Town Council meeting on August 17, 2009. All (Continued on page 2)
PREPARED BY~Wendie R. Rooney, Director of Community Development
Reviewed by: , ° _ Assistant Town Manager Town Attorney Clerk Finance
Communit Development Revised: 8/31/09 4:11 P
y M
Reformatted: 5130102
N:IQEVISUZANNE1CouncillReportslAmexationlWParr-R-O-W-PP.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: W PARR AVENUE RIGHT-OF-WAY; FILE #AN09-04.
September 8, 2009
DISCUSSION:
The Town and City of Campbell have submitted a petition requesting annexation of the West Parr
Avenue right-of-way between Capri Drive and Pollard Road (see Attachinent 1). The property is
within the Town's Urban Services Area boundary and adjacent to a Town boundary. The right-of-
way realignment and annexation will define the jurisdictional boundary between the City of
Campbell, County of Santa Clara and the Town and will resolve road maintenance issues.
Since this is a 100% consent, uninhabited annexation (less than twelve registered voters), a public
hearing is not required.
ENVIRONMENTAL ASSESSMENT:
Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, annexation of the
subject property is categorically exempt. No further enviromnental analysis is required.
FISCAL IIOPACT:
The Town of Los Gatos and City of Campbell shared in the cost of the realignment. Santa Clara
County and LAFCO have agreed to waive annexation fees. The remaining cost is a $350 fee payable
to the State Board of Equalization. This fee will need to be paid when the annexation is sent to
LAFCO for certification.
Attachments:
1. Resolution approving the reorganization of territory designated as West Parr Avenue Right-of-
Way, with Exhibits A & B.
Di stributi an
Trang Tu-Nguyen, Parks & Public Works Department, Engineering Division
Fred Ho, 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
WR:SD
RESOLUTION 2009 -
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING THE REORGANIZATION
OF UNIHABITED TERRITORY DESIGNATED
WEST PARR AVENUE RIGHT-OF-WAY
APPROXIMATELY 1.40 ACRES OF ROADWAY
BETWEEN CAPRI DRIVE & POLLARD ROAD
WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos
consisting of 1.40 acres located on West Parr Avenue between Capri Drive and Pollard Road has
been filed by the City of Campbell and Town of Los Gatos; and
WHEREAS, said territory is uninhabited and all owners of land included in the proposal
consent to this annexation; and
WHEREAS, Section 56757 of the California Government Code states that the Local
Agency Formation Commission shall not review an annexation proposal to any City in Santa
Clara County of unincorporated territory which is within the urban service area of the city if
initiated by resolution of the legislative body and therefore the Town Council of the Town of Los
Gatos is now the conduction authority of said 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; and
WHEREAS, evidence that the petition for annexation was signed by all property owners
was presented to the Town Council;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los
Gatos as follows:
1. That it is the conducting authority pursuant to Section 56757 of the Government Code for
the annexation of property designated as West Parr- Avenue Right-of-Way, more
particularly described in Exhibit A and B;
2. That the following finding are made by the Town Council of the Town of Los Gatos:
a. That said territory is uninhabited and comprises approximately 1.40 acres.
Attachment I
b. That the annexation is consistent with the orderly annexation of territory within
the Town's urban service area.
G. The project is exempt from C.E.Q.A. under the provision of the California
Administrative Code, Title 14, Section 15061(b)(3).
d. That the territory is within the Town urban service area as adopted by the Local
Agency Formation Commission of Santa Clara County.
e. That the County Surveyor has deternined the boundaries of the proposed
annexation to be definite and certain, and in compliance with the Commission's
road annexation policies.
f. That the proposed annexation does not create islands or areas in which it would be
difficult to provide municipal services.
g. That the proposed annexation does not split lines of assessment or ownership.
h. That the proposed annexation is consistent with the Town's General Plan.
i. That the territory to 6e annexed is adjacent to a Town boundary,
j. That the Town has complied with all conditions imposed by the Commission for
inclusion of the territory in the Town's urban service area.
3. That all property owners have been provided written notice of this proceeding and no
opposition has been received.
4. That said annexation is hereby ordered without any further protest proceedings pursuant
to Section 56663 (c/d) and is subject to no terns or conditions.
PASSED AND ADOPTED at a regular meeting of the Town Council held on September
2009, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:IDEV%SUZANNE\A inexation\WPairnve-ft-O-W\WPatr-R-O-W-Reso2.doo
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. 77-1"; 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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