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Planning Director Pedro commented that when the properties submit individually for development projects, the road right of way would be looked at; and additional road right of way might need to be dedicated to meet the Town's minimum standards. In prior instances where properties were annexed, the Town looked at the actual condition of the road (public), and the condition of the road needed to be brought up to standards. OPENED PUBLIC HEARING Dave Aurelio, La Loma Drive, objected to the annexation because of the current condition of the road and nonconformance. Kathy Evans, La Loma Drive, commented on the dispute as to whether the road is private or public. Her property is the last house on the road in Town and the road up to her house was always maintained by the Town. Damage done to the road during the past 10 years had to do with new construction of a couple new houses that were built which are in the County. The Council was applauded for annexing the property. CLOSED PUBLIC HEARING Planning Director Pedro explained that, according to Santa Clara County, the portion of La Loma to be annexed was a private road. Councilmember Mordo questioned how a fire truck would get to a property such as 25299 La Loma and whether it was the County's responsibility to fix the roads. • Planning Director Pedro explained that the situation could be existing and non- conforming, and staff would evaluate whether the panhandle, which was private property, would need to be upgraded. City Manager Carl Cahill summarized the Council's direction to staff to look at the road issue prior to the final hearing and that a letter could be sent to the homeowners letting them know that the Town, in cooperation with the Fire Department, believes their properties might be at risk and recommend that they upgrade the road. He explained that the Town entered into an agreement with the County to rationalize the boundaries and to eliminate small pockets which were difficult for the County to manage and police. Private roads in Town were normally maintained by residents who have road committees to get the roads fixed. Eliminating the pockets has provided better control of the development and better safety for the Town. In response to a question about emergency vehicle access, Captain Calderon explained that patrol cars have responded to a number of calls in the area. MOTION SECONDED AND CARRIED: Moved by Summit, seconded by Kerr and passed unanimously to initiate the annexation proceedings for the Territory Designated as the Unincorporated La Loma Drive Area, consisting of 13 parcels as reflected in the resolution. Resolution No. 53-09 • 4 Approved City Council Regular Meeting Minutes September 24,2009