Photograph by Kathy De La Torre

General contractor Gary Vilbiss cuts and installs siding last week on a major remodeling job on Cherry Blossom Lane, an unincorporated area of Los Gatos. Some residents believe they'll have to deal with a lot more red tape for such projects if the annexation succeeds.

Town, county battle annexation 'myths'

By Nathan R. Huff

While previous annexation attempts by the town of Los Gatos may have left a bad taste in county residents' mouths, the current protests against the planned annexation of the Blossom Hill Manor and Shannon-Kennedy-Englewood neighborhoods are based more on urban legend than on fact. So say town and county officials.

Among the myths officials would like to put to rest: Annexation will automatically cause taxes to increase, and the town will insist on putting sidewalks in areas that are now in county pockets.

County residents will get their chance to officially weigh in on the subject at the Town Council meetings on Oct. 4 and 18. Vote counting will begin following the Oct. 4 meeting. Residents who have filed formal protests will have to wait a week or so to find out if at least 25 percent of their neighbors joined them, the magic number which would force a vote in March. If less than 25 percent protest, the annexation will occur without a vote; if more than 50 percent protest, the matter will be dropped.

The latest annexation push is part of a countywide effort by the county to rid itself of residential pockets completely--or almost completely--surrounded by cities or towns. Los Gatos has more unincorporated parcels within its urban service area than any other Santa Clara County city except San Jose.

County officials say pocket residents receive fewer services and services received are at a lower level than for municipal residents. What's more, say county officials, dual-jurisdiction problems and general inefficiency make it harder for governments to be responsive to pocket residents.

"It takes twice as many people to solve a problem," says Don Weden, principal planner for the county. "Pockets are obstacles to more responsible and more efficient government."

Former Los Gatos planning director Lee Bowman says many county residents have been misinformed about the consequences of annexation. Some believe the town will require sidewalks to be built and assessment districts to be created to help fund infrastructure improvements. However, the town's General Plan states that sidewalks are not required and will only be installed if requested by residents. Assessment districts, which Bowman says the town has no plan to create, are extremely difficult to form, since residents must vote in favor rather than vote against.

Many pocket residents also fear their property values will be reassessed upon annexation, increasing their taxes. Not so, according to Bowman and Weden, who both told the Los Gatos Weekly-Times that, by state law, a property cannot be reassessed unless it is sold or undergoes major improvements. Annexation, according to Bowman, is a mutually beneficial situation.

"They are a physical part of the town--they should be able to participate in community politics," Bowman says, adding that pocket residents cost the county a great deal of money, which is picked up by all county residents whether or not they live inside city or town limits.

Pocket residents, however, continue to express worry over increased rules and red tape. Building codes are more lax in the county than in the town, a fact most county residents admit is a mixed blessing, since they lack the power to veto neighbors' ostentatious or out-of-place building projects. For residents like Joe Caroll of the Blossom Hill area, it's still a worthwhile trade-off.

"The rule book is Cliffs Notes in the county, and the rule book is law in the town," says Caroll, who is attempting to organize and educate his neighbors on the protest process. A large number of remodeling projects are currently under way in Caroll's neighborhood, he says, because residents fear having to work through the town. Weden, however, said he was not aware of any increase in building-permit applications.

Martin Jacobson, a Blossom Hill resident, says he sees no major problems with the service the county provides. Aside from more frequent street sweeping, Jacobson doesn't believe he could expect more from the town, and he doesn't think that he's missing much by not voting in town elections.

Jacobson believes the town wants annexation to increase its property tax base, though Bowman noted it is rare for residential developments to "pay their own way" when it comes to covering the costs of services the town provides.

Other residents, like Englewood Neighborhood Action Group member Greg Moss, may not be thrilled with annexation, but recognize that certain problems may not be addressed until annexation occurs. Moss has been trying for two years to get either the county or the town to do something about the neighborhood traffic problem, but because intersections like Englewood and Kennedy are the combined responsibility of both governmental bodies, nothing gets done.

"All the time and effort we put into traffic calming will go nowhere if [annexation] doesn't happen," Moss said. While he says that the town was "arrogant with the annexation process" in the past, residents need to realize that this time it's the county that is trying to rid itself of these pockets. Older residents in particular mistrust the town, Moss continued, adding, "It's difficult for people to get off the belief that the town is Darth Vader."

The town clerk will count the protest votes in one of two ways. Pocket residents can protest as property owners, as registered voters, or both. If the protest is made by property owners, 25 percent of pocket property owners with ownership of more than 25 percent of the assessed property value would be necessary to bring a March vote. If it is done by registered voters, all votes would count the same.

Joe Caroll has serious problems with the property-value-based protest. Since he came to the Blossom Hill area only recently, his property was reassessed at close to 10 times the value of similar parcels around him. New residents, Caroll fears, could force annexation over the wishes of a majority of older property owners.

In all likelihood, however, says town clerk Marian Cosgrove, the protest count will be done by registered voters. The 100-year-old law requiring the property-value-based option was designed for smaller annexations involving a handful of property owners.

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