Adopt a Resolution making determinations and approving the reorganization ofterritory designated

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1 tpw N OF MEETING DATE: 06/02/ 14 j ITEM NO. Cl O SOS sas ' COUNCIL AGENDA REPORT DATE: MAY 22, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER.6A,, " SUBJECT: ADOPT A RESOLUTION MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED EL GATO LANE NO. 2, CONTAINING APPROXIMATELY ACRES LOCATED AT EL GATO LANE (APN: ). FILE #AN RECOMMENDATION: Adopt a Resolution making determinations and approving the reorganization ofterritory designated El Gato Lane No. 2, containing approximately acres, located at El Gato Lane (APN: ). DISCUSSION: On April 7, 2014, the Town Council adopted a resolution approving the subject annexation. Following review by the Local Agency Formation Commission (LAFCO), staffwas advised that the property needs to be detached from the County Lighting Services Area. The Resolution has been revised to include the required language to detach the property from the Lighting Services Area. ENVIRONMENTAL ASSESSMENT: Pursuant to Section 15061( b)( 3) of the California Environmental Quality Act, annexation of the subject property is categorically exempt. No further environmental analysis is required. PREPARED BY: LAUREL R. PREVETTI, p Director of Community Develoi lbnt Reviewed by: ASAssistant Town Manager MTown Attorney _, Finance N: \DEV\TC REP0RTS\ 2014\ E1GatoNo.2- PPrev.dm Reformatted: 5/30/ 02 Revised: 523/ 14 9:32 AM

2 PAGE MAYOR AND TOWN COUNCIL SUBJECT: EL GATO LANE NO. 2 /AN May 22, 2014 FISCAL IMPACT: The following fees are assessed by Santa Clara County LAFCO and the State Board ofequalization, and have been paid by the petitioner: County Surveyor Map, legal description and guideline checking fee 2, County Assessor' s fee LAFCO processing fee 1, State Board of Equalization fee The petitioner also paid a $ 2, 875 annexation fee to the Town. Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of the property taxes. Attachments: Revised Resolution making determinations and approving the reorganization of territory designated as El Gato Lane No. 2 (with Exhibits A & B) Distribution: Fletch & Florence Sullivan, El Gato Lane, Los Gatos, CA LRP:SA: cg

3 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED EL GATO LANE NO. 2 APPROXIMATELY ACRES LOCATED AT EL GATO LANE APN: ANNEXATION APPLICATION: AN PROPERTY OWNERS: FLETCH AND FLORENCE SULLIVAN WHEREAS, a petition for the annexation of certain territory to the Town of Los Gatos and detachment of said territory from Santa Clara County Library Service Area, consisting of acres located at El Gato Lane ( APN ), has been filed by Fletch and Florence Sullivan; and WHEREAS, said territory is uninhabited and all owners of land included in the proposal consent to this annexation; and WHEREAS, Section 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 conducting authority of said annexation; and WHEREAS, Government Code Section ( 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 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 of the Government Code for the annexation of property designated as El Gato Lane No. 2, more particularly described in Exhibit A and B; ATTACHMEW 1

4 2. That the following findings are made by the Town Council of the Town of Los Gatos: a. That said territory is uninhabited and comprises approximately acres. b. That the annexation is consistent with the orderly annexation of territory within the Town' s Urban Service Area and is consistent with the Town policy of annexing when required by the Town' s agreement with the County of Santa Clara. c. The project is exempt from C. E.Q.A. under the provision of the California Administrative Code, Title 14, Section 15061( b)( 3). d. The Town Council enacted an ordinance over 25 years ago pre - zoning the subject territory with an R -1: 8 ( single family residential, 8, 000 sq. ft. minimum lot size) zoning designation. e. That the territory is within the Town' s Urban Service Area as adopted by the Local Agency Formation Commission of Santa Clara County. That the County Surveyor has determined the boundaries of the proposed annexation to be definite and certain, and in compliance with the Commission' s road annexation policies. The County Surveyor has been reimbursed for the actual cost incurred by the County Surveyor in making this determination. g. That the proposed annexation will not create an island, and will facilitate provision of efficient municipal services. h. That the proposed annexation does not split lines of assessment or ownership. i. That the proposed annexation is consistent with the Town' s General Plan. j. That the territory to be annexed is contiguous to a Town boundary. k. 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 owners of land within the affected territory have provided written consent to the reorganization and no subject agency has submitted written opposition to a waiver of protest proceedings. BE IT FURTHER RESOLVED, pursuant to Section ( c) the Town waives protest proceedings. BE IT FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory described in Exhibits A and B will be annexed to the Town of Los

5 Gatos and will be detached from the Santa Clara County Library Service Area and the Santa Clara County Lighting Service Area. BE IT FURTHER RESOLVED, that upon completion of these reorganization proceedings the territory reorganized will be taxed on the regular County assessment roll, including taxes for existing bonded indebtedness. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of April, 2014, 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 DP, RESOS 2M4 E1Oa1oNo2- Rcso21VVA(' C

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7 EXHIBIT A EL GATO LANE NO. 2 ANNEXATION TO THE TOWN OF LOS GATOS GEOGRAPHIC DESCRIPTION All that certain real property situate in the unincorporated area of the County of Santa Clara, State of California, being a portion of Rancho Rinconada de Los Gatos described as follows: Being Lot 3 as shown on that certain map entitled `Tract No being a subdivision of a portion of the former Miles Hill tract in the Rancho Rinconada de Los Gatos ", filed for record on March 2, 1954 in Book 48 of Maps at Page 13, Santa Clara County Records and more particularly described as follows: Beginning at a point on the existing Westerly line of the Los Gatos town limit as established by Town of Los Gatos, " Camino del Cerro Number One Annexation ", passed and adopted by Ordinance No. 476 on September 2, 1958, said point lying Southerly feet from the Southeasterly corner of Los Gatos " El Gato Lane Number One Annexation" per Ordinance No. 605 as passed and adopted August 14, 1961, said point being the Northeasterly corner of said Lot 3; thence 1) S 12 29'25" E along the easterly line of said Lot 3, also being the Westerly line of said Camino del Cerro Number One Annexation ", feet to the Southeasterly corner of Lot 3; thence leaving the last said Los Gatos town limits line and running 2) S 77 33'45" W along the Southerly line of said Lot 3, feet to said Lot 3 Southwest corner, last said corner lying on the Easterly line of El Gato Lane; thence 3) N 12 26' 15" W along last said line, feet to the Northwesterly corner of said Lot 3; thence 4) N " E feet to the Point of Beginning. Containing acres 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 ZEJI Revision Date RXger E. Dodge and Surveyor No State of California Page 9 of 1 ffiibit A of Attachment 1

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9 Tl l= RAfYC+-ic7. Itf[ or_(_ A LE6Et ft DE_LDS r'?- S PROPOSED An/ r(exa7,onc anuwoary Llr19 e Q l` aekisijk16tdlliat Or- LOS yy.. _ 6ATDS LIMIT LIKE 00 Q6*' 00' P. O. 8, : PalrcT OF aec3ikm'id4ca DEsCRIPTIC> f 0=CpUIiSE NUi1IBtR 0ZCLAMMUL' FOR ASSE88MENT PURP08ES ONLY. THIS N ASD FpvL DESORP W IN THE SlWIMION MAP ACT AND MAY NOT BE LEM AS THE BA819 FOR AN OFFER FOR SALE OF THE LAND DBSCRIS. IN SU S L\ \,> \ \ PROPERTY, ejel r`'' F VIGIN 30 sties 30, MAP' 3., ;,, Q 9 ID m 0 tv a o ry 6 Dsi/9G Q L'1AS1 S, 0F BEAR o. S I V `9 Fo a TRI S RIAP U.S C) AS SN DIJr( 0#4 TIdE Nbj TNEAS7ML7 L1KEDF L6T 3 DS TRACT 1168 A 5 32 Exp. 30 * UIDTRACT WAS FILED Lrt 800K4-8 or mae AT' PAbE L3, SPA- ra COMA LO. 7k" td. LL 1,/ E F{ RAD PER TRACT i16q 49,54) DISTAKGLe L'_ EAmlm& LOURSt' THE 6EAR1146 NrIVZ4` 2.S"' LJ" 0 ( J P(& S 5D1 1 Q 5 I- V zi02 1'- 6 Q 5335' 5 '/' I 33! 4 J 1 5' y K ' 19 ' ' 49! 6 1 Si.-%' OFFICLAL RE0R4 WAS ADDQTEG AS 714E BAZIS op f3earik6s, mivl5la Z W L) ATL; I - No _._ ER E, DODGE, IS SCA Ii ;I = SD' L1f2AWN ; Ii f. Dodge Assoc. Surveying Penn Valley, CA 530) , Fax ( 530) SfAeer 1 OPI E X{-11, 13IT ' C3 PLAT ld ACLOr 1PI K-rCiED6R APIIt,C' OESCR L GATO 66 tye PC, AlY MTICIK CbjK7' y OF -r4nta CLAF4 ffiibit B of CAL1FoRKIA Attachment 1

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