2009122120COUNCIL AGENDA REPORT
DATE: December 9, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT:
MEETING DATE: 12/21/09
ITEM NO. -.:,
CONSIDER ADOPTING A RESOLUTION INITIATING THE
REORGANIZATION OF THE UNINHABITED TERRITORY KNOWN AS
ARNERICH ROAD NO. 2 TO THE TOWN OF LOS GATOS, SETTING THE
MATTER FOR A HEARING ON FEBRUARY 1, 2010, DIRECTING
MAILING, POSTING AND PUBLISHING OF NOTICES OF THE HEARING,
AND INITIATING AN URBAN SERVICE AREA AMENDMENT FOR
PROPERTY PRE -ZONED RC AND HR-20. (APNS: 537-11-009, 537-11-030,
537-17-005, 537-17-015, 537-07-018, 537-17-020, 537-17-021, 537-17-024,
537-17-027, 537-17-032); FILE #AN08-003.
RECOMMENDATION:
Adopt resolution initiating the reorganization of the uninhabited territory known as Arnerich Road
No. 2 to the Town of Los Gatos, setting the matter for a hearing on February 1, 2010, and directing
mailing, posting and publishing of notices of the hearing (APNs: 537-11-009, 537-11-030, 537-17-
005, 537-17-015, 537-07-018, 537-17-020, 537-17-021, 537-17-024, 537-17-027, 537-17-032).
BACKGROUND:
On April 6, 2009, the Town Council adopted Resolution 2009-034 initiating the annexation of
territory known as Arnerich Road No. 2. Town staff met with LAFCO prior to initiating the
annexation. LAFCO confirmed that the proposed annexation would not create an island. However,
in subsequent conversations with LAFCO, made necessary by clarification requested by Council,
Town staff learned that the annexation did create an island. On May 4, 2009, the Town Council
adopted Resolution 2009-051 rescinding Resolution 2009-034 and terminating the annexation
proceedings. Resolution 2009-51 allowed the applicant to revise the map and description to include
three additional properties to prevent the creation of an island.
Two of the additional properties are owned by Midpeninsula Regional Open Space District
(MPROSD). Town staff met with and spoke to MPROSD staff. MPROSD informed Town staff that
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: N Assistant Town Manager Town Attorney Clerk . Finance
Community Development Revised: 12/14/09 2:39 PM
Reformatted: 12/9/09 N:\DEV\CNCLRPTs\2009\ArnerichNo.2.Intro 2.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ARNERICH ROAD NO. 2; FILE #AN08-003.
December 9, 2009
MPROSD has reservations about annexing into Town. In the interest of maintaining a positive
relationship with MPROSD, Town staff worked with LAFCO and MPROSD to reach a resolution
that would allow the annexation to proceed while being mindful of MPROSD's wishes. MPROSD
is requesting an Urban Service Area (USA) boundary amendment (Attachment 3; see Midpeninsula
Regional Open Space District Property discussion below) which would remove any potential of
creating a county island.
The proposed annexation consists of seven properties (identified by ten parcel numbers) comprising
approximately 63.7 acres. A map of the proposed annexation is attached as Exhibit B of Attachment
4. In 2008, the Town annexed 75 acres in this area (Arnerich Road No.1). The proposed annexation
encompasses most of the remaining unincorporated land along Arnerich/Wagner/Hicks Roads within
the USA.
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 within the Town's USA without
application to and hearing by the Santa Clara County Local Agency Formation Commission
(LAFCO). The process is initiated by the Town after the property owner files an annexation petition.
The subject annexation is uninhabited because the area contains less than 12 registered voters. Staff
has knowledge of three property owners that do not consent to the subject application. Therefore, the
subject annexation is considered a non-100% consent annexation. A public hearing is required to
hold protest proceedings for a non-100% consent annexation.
There are properties within the proposed annexation area that are under Williamson Act Contract.
These properties filed a Notice of Nonrenewal and the contract expired on January 1, 2009,
(Sepahmansour and Perzow/Leier). The parcels within the proposed annexation area that were not
within the Santa Clara County Fire Protection District were annexed into the District on March 12,
2009.
DISCUSSION:
A. Annexation Petition
The Town received a petition from Robert L. Puette requesting annexation to the Town of Los
Gatos. Recently, Mr. Montgomery Kersten acquired the Puette property. Mr. Kersten agreed
to continue the annexation process and the Puettes relinquished the previously paid annexation
fees. Seven additional property owners have consented to and signed petitions to annex
(twelve property owners own seven properties identified by ten parcel numbers). The owners
of two properties (identified by three Assessor's Parcel Numbers 537-17-024, 537-17-032, and
537-17-005) that are required to be included by annexation law have not consented to the
annexation. The petition states the reason for annexation is 'to obtain high quality services to
the residences of the area and allow them a full voice in local government' (Attachment 5).
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ARNERICH ROAD NO. 2; FILE #AN08-003.
December 9, 2009
B. Location and Property
The proposed annexation consists of seven properties comprising approximately 63.7 acres
(Exhibit B of Attachment 4). The properties are located in an unincorporated island of the
County. In addition to the properties proposed for annexation, the Town will also be acquiring
approximately 900 linear feet of Hicks Road, in confonnance with the Santa Clara County
Road Annexation Policy.
The properties located within the Town's Urban Services Area are contiguous to a Town
boundary, and are pre -zoned HR-20 (Hillside Residential, 20 to 160 acres for each dwelling
unit) and RC (Resource Conservation). Annexation will allow Town services to be extended
to the properties and help fill an existing County "island."
A vicinity map is included as Attachment 7 and illustrates the proposed annexation as it relates
to the surrounding area. A site map is included as Attachment 8 and illustrates the zoning
designations.
C. County Islands
During the April 6, 2009, Town Council meeting, the Council requested clarification for the
teiiu `island' as it relates to annexation. There is no definition of the tern "island" in the
Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 (CKH), which
governs the annexation process. However, the term "island," which is commonly used and
understood in the context of an annexation, is any unincorporated land within a city's Urban
Service Area (USA).
The existing unincorporated area of land of which the subject annexation is a part could be
described as a peninsula to illustrate the manner in which it relates to Town jurisdiction.
However, there is no definition of the tern "peninsula" in the CKH and LAFCO does not
distinguish an unincorporated area described as a peninsula from a county island. The existing
unincorporated area is within the Town's USA and, therefore, is an island for the purposes of
annexation.
D. Midpeninsula Regional Open Space District Property
Although the proposed annexation reduces the total area of the county island, as originally
proposed, it divided the existing single county island into two islands. This prevented the
Council from making the required finding in Section 56757(c)(4) of the CKH "that the
proposal does not create islands or areas in which it would be difficult to provide municipal
services" as it specifically relates to islands.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ARNERICH ROAD NO. 2; FILE #AN08-003.
December 16, 2009
Conversely, the MPROSD properties located east of the subject annexation do not require
municipal services nor would the annexation result in an inability to provide municipal
services to this area. This fact allows the decision body to make the second part of the
aforementioned finding "that the proposal does not create ... areas in which it would be
difficult to provide municipal services."
MPROSD has requested an Urban Service Area Boundary Amendment (Attachments 3 &10).
During communications with LAFCO, Town staff learned that LAFCO would support the
USA amendment. LAFCO support relies on the fact that the MPROSD properties do not
require municipal services nor would municipal services be required in the future (Attachment
10). A USA boundary amendment requires the Town Council to adopt a resolution initiating
an amendment and the language is included in the attached resolution (Attachment 4). No
public hearing is required to initiate the USA boundary amendment. Once adopted, the
resolution will be forwarded to LAFCO.
MPROSD will bear the costs of the USA amendment and provide any other required
application materials. Additionally, the MPROSD properties are not assessed for taxes.
Therefore, no fiscal impact will result from this USA amendment. Amending the Urban
Service Area boundary would undoubtedly remove the potential creation of an island.
E. Annexation Process
The property owners of Assessor's Parcel Numbers 537-17-024 and 032, Mr. & Mrs. Kokinos,
and the property owners of Assessor's Parcel Number 537-17-005, John Frankle & Loraine
Hirsch, do not consent to the subject annexation. Therefore, the subject annexation is
considered a non-100% consent annexation. A public hearing is required to hold protest
proceedings for non-100% consent annexations.
Prior to the Town Council hearing on April 6, 2009, Town staff met with the Local Agency
Formation Commission (LAFCO) and the County Surveyor to determine if the Kokinos
property could be excluded from the subject annexation. Town staff was informed that the
property owned by Kokinos must be included in this annexation to prevent the creation of an
island. If the proposed annexation was approved without the inclusion of the Kokinos
property, the Kokinos property would be surrounded on all sides by Town jurisdiction. The
Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 states that an
annexation proposal shall not create islands of one jurisdiction surrounded by another
jurisdiction. Subsequent communications revealed the Frankle/Hirsch property must be
included in the annexation.
The protest proceeding is proposed for February 1, 2010. Any property owner of the affected
territory must submit written statements of protest by the conclusion of the protest proceeding.
Within 30 days of the protest proceedings, the Council shall determine the value of written
protests filed and not withdrawn. The determination of value may be made on February 1,
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: ARNERICH ROAD NO. 2; FILE #AN08-003.
December 9, 2009
2010, or set for a future Town Council agenda. If the value of land within the affected territory
owned by those protesting the annexation is less than 50% of the value of the entire territory to
be annexed, the Council shall order the annexation without election. If the value of land within
the affected territory owned by those protesting the annexation is 50% or more of the value of
the entire territory proposed to be annexed, the Council shall abandon the annexation.
F. Value
Although the Council will not make deteiiiiinations on property value until the protest
proceeding concludes, a table of the current value is provided for informational purposes (see
Attachment 9). The value of the entire area to be annexed is $14,215,127.00 (2009-10 tax
roll). The value of the property owned by Kokinos, and Frankle and Hirsch is $4,398,260.00,
or 30.94% of the entire area.
ENVIRONMENTAL ASSESSMENTS:
Annexation of the subject property is exempt for the California Environmental Quality Act
guidelines, pursuant to Section 15061(b)(3).
FISCAL IMPACT:
Annexation
The following fees are assessed by Santa Clara County, LAFCO and the State Board of Equalization,
and must be paid by the petitioner:
Map, Legal Description and Guideline Checking Fees
$2,000 (paid)
LAFCO Processing Fee
$1,103 (not paid)
State Board of Equalization Fee
$1,500 (not paid)
The petitioner has also paid an Annexation Fee to the Town of $415.00.
Once the annexation is certified by the State Board of Equalization, the Town will receive 9.6% of
the property taxes.
Urban Service Boundary Amendment
There are no fiscal impacts to the Town as a result of the Urban Service Area Boundary Amendment.
MPROSD has agreed to cover the costs and the property owned by MPROSD does not result in lost
potential taxes to the Town.
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: ARNERICH ROAD NO. 2; FILE #AN08-003.
December 16, 2009
Attachments:
1. Resolution 2009-034
2. Resolution 2009-051
3. Letter from Midpeninsula Regional Open Space District, received November 30, 2009
4. Resolution initiating the reorganization of the uninhabited territory known as Arnerich Road No.
2 to the Town of Los Gatos, setting the matter for a hearing on February 1, 2010, and directing
mailing, posting and publishing of notices of the hearing, and initiating a USA boundary
amendment, with Exhibits A & B
5. Petition for Annexation
6. Annexation Application
7. Vicinity Map
8. Site Map
9. Table of Total Assessed Value
10. Letter from Midpeninsula Regional Open Space District, received December 15, 2009
Distribution:
Velirnir Sulic, 2021 The Alameda Suite 195, San Jose, CA 95126
Jeffery Kaplan, 14100 Arnerich Road, Los Gatos, CA 95032
Montgomery Kersten, 13917 Albar Court, Saratoga, CA 95070
Faramarz Sepahmansour, 14090 Shannon Road, Los Gatos, CA 95032
Karen Sepahmansour, 14090 Shannon Road, Los Gatos, CA 95032
Carrie Perzow, 14050 Shannon Road, Los Gatos, CA 95032
Von Leirer, 14050 Shannon Road, Los Gatos, CA 95032
John Weidert, 14065 Arnerich Road, Los Gatos, CA 95030
Margaret Weidert, 14065 Arnerich Road, Los Gatos, CA 95030
Michael Kokinos, 14075 Arnerich Road, Los Gatos, CA 95032
Ployzene Kokinos, 14075 Arnerich Road, Los Gatos, CA 95032
Michael Lopez, Planning Manager; Environmental Resources Agency, 7th Flr;
County Government Center, East Wing; 70 W. Hedding St, San Jose, CA 95110
Gay Strand, Administrative Services Manager III, County Library Service Area,
14600 Winchester Blvd., Los Gatos, CA 95032
WRR:JS:ct
N:\DEV\CNCLRPTS\2009\ArnerichNo.2.Intro 2.doc
RESOLUTION 2009-034
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
INITIATING THE REORGANIZATION
OF THE UNINHABITED TERRITORY KNOWN AS
"ARNERICH ROAD NO. 2"
TO THE TOWN OF LOS GATOS,
SETTING THE MATTER FOR A HEARING ON MAY 4, 2009,
AND DIRECTING MAILING, POSTING AND PUBLISHING OF NOTICES OF '1HI
HEARING
(APNS: 537-11-009, 537-11-030, 537-17-015, 537-07-018, 537-17-020, 537-17-021,
537-17-024, 537-17-027, 537-17-032)
FILE #AN08-003.
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Arnerich Road No. 2" from Robert L. Puette; and
WHEREAS, the property (APNS: 537-11-009, 537-11-030, 537-17-015, 537-07-018,
537-17-020, 537-17-021, 537-17-024, 537-17-027, 537-17-032) totaling 61.10 acres, more or
less, is within 300 feet to the Town of Los Gatos along a public street and is within its urban
service area; and
WHEREAS, the following special districts would be affected by the proposal: Santa
Clara County Library Service Area and Santa Clara County Lighting Service Area; and
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, this territory was pre -zoned over 25 years ago to Town of Los Gatos
prezoning HR-20 (Hillside Residential, 20 to 160 acres for each dwelling unit) and RC (Resource
Conservation); 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 found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757,
the boundaries to be definite and certain, and the proposal to be 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 some owners of land included in the
proposal may make written protest to this annexation; and
Attachment 1
WHEREAS, Government Code Section 57008 provides that a non-100% consent
annexation requires a public hearing to conduct protest proceedings;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los
Gatos hereby initiates the reorganization of the uninhabited territory known as "Arnerich Road No.
2" to the Town of Los Gatos, setting the matter for a hearing on May 4, 2009, and directing mailing,
posting and publishing of notices of the hearing.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6th of
April, 2009, by the following vote:
COUNCIL:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TTEST:
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ARNERICH ROAD ANNEXATION NO. 2
ANNEXATON TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
OF 'AREA A" (NORTH OF ARNERICH ROAD)
All that certain real property situate in a portion of Sections 24 and 25, Township 8 South, Range 1 West, Mount
Diablo Base and Meridian, in the County of Santa Clara, State of California, described as follows:
BEGINNING at the most Northeasterly Corner of Arnerich Road Annexation No. 1 to the Town of Los Gatos; .
Thence, (1) South 81 ° 15' 00" East 264.93 feet;
Thence, (2) South 82° 00' 00" East 897.00 feet;
Thence, (3) North 48° 45' 00" East 78.33 feet;
Thence, (4) North 00° 30' 00" West 164.62 feet;
Thence, (5) North 77" 53' 55" East 50.08 feet to a point on the southerly boundary line of Hicks Road Annexation
No. 4 to the Town of Los Gatos, also being the southerly right-of-way line of Shannon Road;
Thence, (6) South 44° 09' 30" East 87.74 feet along said southerly boundary line of Hicks Road Annexation No. 4;
Thence, (7) South 72° 56' 16" East 259.42 feet;
Thence, (8) North 84° 03' 22" East 205.63 feet;
Thence, (9) North 75° 32' 45" East 145.38 feet;
Thence, (10) South 45° 55' 21" East 320.99 feet;
Thence, (11) South 00° 33' 24" West 166.18 feet to a point on the westerly boundary line of Guadalupe No. 21
Annexation to the City of San Jose, also being the westerly boundary line of the lands described in that certain
Grant Deed from James Rolph III and June Irene Rolph, his wife, to Guadalupe Rubbish Disposal Co., Inc., a
California Corporation, recorded August 16, 1973 in Book 0520 of Official Records at Pages 295.300, Santa Clara
County Records;
Thence. leaving said southerly boundary line of Hicks Road Annexation No. 4, (12) South 41 ° 00' 00" West 185.56
feet along said westerly boundary line of Guadalupe No. 21 Annexation;
Thence, (13) South 08° 30' 00" West 264.00 feet;
Thence, (14) South 14° 30' OD" East 104.05 feet to a point, said point being (15) North 14° 30' 00" West 225.95 feet
distant from the Section Corner common to Sections 19 and 30, Township 8 South, Range 1 East, and Sections 24
and 25, Township 8 South, Range 1 West, Mount Diablo Base and Meridian;
Thence, leaving said westerly boundary line of Guadalupe No. 21 Annexation (16) North 43° 54' 00" West 55.42
feet;
Thence, (17) North 89° 52' 06" West 74.83 feet;
Thence, (18) South 00° 34' 00" East 8.20 feet;
Thence, (19) along a curve to the left having a radius of 30.33 feet through a central angle of 69° 40' 20" an arc
distance of 36.88 feet;
Thence, (20) South 19° 45' 40" West 40.00 feet;
Thence, (21) North 70° 14' 20" West 16.45 feet;
Thence, (22) along a curve to the Left having a radius of 20.00 feet through a central angle of 85° 29' 00" an arc
distance of 29,84 feetto a point on the boundary line said Arnerich Road Annexation No. 1;
Thence, (23) North 31° 35' 04" West 60.41 feet along said Arnerich Road Annexation No. 1 boundary line;
Thence, (24) South 24° 16' 40" West 116.05 feet;
Thence, (25) along a curve to the right having a radius of 100.00 feet through a central angle of 47° 00' 20" an arc
distance of 82.04 feet;
Thence, (26) South 71 ° 17' 00" West 138.50 feet;
Thence, (27) South 00° 30' 00" East 10.56 feet;
Thence, (28) North 31 ° 33' 55" West 3.34 feet;
Thence, (29) South 77° 17' 30" West 288.77 feet;
Thence, (30) North 00° 00' 00" East 37.14 feet;
Thence, (31) South 89° 30' 00" West 187.08 feet;
Thence, (32) North 00° 00' 00" East 74.00 feet;
Thence, (33) South 89° 30' 00" West 100.00 feet;
Thence, (34) South 44° 26' 49" West 42.39 feet;
Thence, (35) South 89° 30' 00' West 239.38 feet;
Thence, (36) South 00° 00' 00" West 44.00 feet;
Thence, (37) South 89° 45' 16" West 826.70 feet;
Thence, (38) North 00° 33' 26" West 1,151.50 feet to the POINT OF BEGINNING
and containing 47.91 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 safe of the land described.
Mason-Sutic, Inc.
Job No. 07-734
Page 1 of 2
May 26, 2008
Revised August 19, 2008
Arnerich Road No. 2
Annexation to The Town of Los Gatos
GEOGRAPHIC DESCRIPTION
OF "AREA B° (SOUTH OF ARNERICH ROAD)
All that certain real property situate in a portion of Sections 24 and 25, Township 8 South, Range 1 West, and in a
portion of Section 30, Township 8 South, Range 1 East, Mount Diablo Base and Meridian, In the County of Santa
Clara, State of California, described as follows:
BEGINNING at the most Easterly Corner of Arnerich Road Annexation No. 1 to the Town of Los Gatos;
Thence, (1) North 53° 30' 00" West 44.28 feet along the boundary line of said Arnerich Road Annexation No. 1;
Thence, (2) South 59° 48' 35" West 303.01 feet
Thence, (3) South 17° 44' 00' West 151.10 feet;
Thence, (4) North 69° 55' 24° West 144.85 feet;
Thence, (5) South 71 ° 25' 00" West 92.64 feet;
Thence, (6) South 49° 46' 00° West 145.00 feet;
Thence, (7) North 10° 14' 00" West 289.90 feet;
Thence, (8) North 36° 55' 00" West 173.30 feet;
Thence, (9) North 68° 07' 20" West 136.30 feet;
Thence, (10) South 76° 38' 00" West 383.47 feet;
Thence, (1 1) North 00° 00' 00" West 254.19 feet to a point on the southerly right-of-way line of Arnerich Road;
Thence, (12) North 80° 29' 30" East 160.35 feet continuing along Arnerich Road Annexation No. 1 boundary line;
Thence, (13) South 88° 29' 00" East 186.08 feet;
Thence, (14) North 77° 17' 30" East 441.68 feet;
Thence, (15) North 71° 17' 00" East 121.49 feet;
Thence, (16) North 89° 30' 00" East 31.99 feet;
Thence, (17) North 71 ° 17' 00" East 57.22 feet;
Thence, (18) along a tangent curve to the left having a radius of 160.00 feet through a central angle of 39° 15' 40"
and arc distance of 109.64 feet;
Thence, leaving said Arnerich Road Annexation No. 1 boundary line, (19) South 08° 32' 00" West 84.90 feet;
Thence, (20) North 89° 30' 00" East 220.07 feet;
Thence, (21) South 09° 43' 30" East 158.98 feet;
Thence, (22) South 23° 06' 30" East 243.64 feet;
Thence, (23) South 36° 30' 00" West 94.31 feet to the POINT OF BEGINNING
and containing 13.19 acres of land, more or less.
"Area A" North of Arnerich Road containing 47.91 acres, "Area B" South of Arnerich Road containing 13.19 acres:
Total computed acreage containing 61.10 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.
Mason-Sulic, Inc.
Job No. 07-734
Page 2 012
May26, 2003
Revised August 19, 2003
Amerioh Road No. 2
Annexation to The Town of Los Gatos
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RESOLUTION 2009-051
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
RESCINDING RESOLUTION 2009-034
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 61•.10 acres
located along Arnerich, Hicks, and Wagner Roads (APNs: 537-11-009, 537-11-030, 537-17-015,
537-07-018, 537-17-020, 537-17-021, 537-17-024, 537-17-027, 537-17-032) has been filed by
Robert L. Puette; and
WHEREAS, on April 6, 2009, the Town Council adopted Resolution 2009-034 initiating
proceedings for annexation of the area designated as "Arnerich Road No. 2"; and
WHEREAS, said territory is uninhabited and all on the owners of land included in the
proposal have not consented 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 in 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 for said annexation;
WHEREAS, Local Agency Formation Commission ("LAFCO") determined the proposed
annexation must include additional properties to those shown on the Exhibits contained in
Resolution 2009-034; and
WHEREAS, the annexation proceedings initiated with the adoption of Resolution 2009-034
must be tenninated and new proceedings initiated to ensure that all affected property owners are fully
noticed regarding the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos
as follows:
l . That it is the conducting authority pursuant to Section 56757 of the Government Code for the
annexation of property designated "Arnerich Road No. 2" more particularly described in
Exhibit "A" and "B";
Attachment 2
2. That Resolution 2009-034 is rescinded thus terminating the proceedings for the annexation of
property designated "Arnerich Road No. 2" more particularly described in Exhibit "A" and
«B,,.
3. That the Town shall take necessary steps to initiate new proceedings consistent with the
annexation application referred to here in above and with the new boundaries determined by
the LAFCO;
4. That this tennination does not prohibit a successive application from being reviewed by the
Town Council pursuant California Government Code Section 56757.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 4th of
May 2009, by the following vote:
COUNCIL:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike
Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT "A"
ARNERICH ROAD ANNEXATION NO. 2
ANNEXATON TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
OF "AREA A" (NORTH OF ARNERICH ROAD)
Alt that certain real property situate in a portion of Sections 24 and 25, Township 8 South, Range 1 West, Mount
Diablo Base and Meridian, in the County of Santa Clara, State of California, described as follows:
BEGINNING at the most Northeasterly Corner of Arnerich Road Annexation No. 1 to the Town of Los Gatos; ,
Thence, (1) South 81° 15' 00" East 264.93 feet;
Thence, (2) South 82° 00' 00" East 897.00 feet;
Thence, (3) North 48° 45' 00" East 78.33 feet;
Thence, (4) North 00° 30' 00" West 164.62 feet;
Thence, (5) North 77° 53' 55" East 50.08 feet to a point on the southerly boundary line of Hicks Road Annexation
No. 4 to the Town of Los Gatos, also being the southerly right-of-way line of Shannon Road;
Thence, (6) South 44° 09' 30" East 87.74 feet along said southerly boundary line of Hicks Road Annexation No. 4;
Thence, (7) South 72° 56' 16" East 259.42 feet;
Thence, (8) North 84° 03' 22" East 205.63 feet;
Thence, (9) North 75° 32' 45" East 145.38 feet;
Thence, (10) South 45° 55' 21" East 320.99 feet;
Thence, (11) South 00° 33' 24" West 166.18 feet to a point on the westerly boundary line of Guadalupe No. 21
Annexation to the City of San Jose, also being the westerly boundary line of the lands described in that certain
Grant Deed from James Rolph 111 and June Irene Rolph, his wife, to Guadalupe Rubbish Disposal Co., Inc., a
California Corporation, recorded August 16, 1973 in Book 0520 of Official Records at Pages 295-300, Santa Clara
County Records;
Thence, leaving said southerly boundary line of Hicks Road Annexation No. 4, (12) South 41 ° 00' 00" West 185.56
feet along said westerly boundary line of Guadalupe No. 21 Annexation;
Thence, (13) South 08° 30' 00" West 264.00 feet;
Thence, (14) South 14° 30' 00" East 104.05 feet to a point, said point being (15) North 14° 30' 00" West 225.95 feet
distant from the Section Corner common to Sections 19 and 30, Township 8 South, Range 1 East, and Sections 24
and 25, Township 8 South, Range 1 West, Mount Diablo Base and Meridian;
Thence, leaving said westerly boundary line of Guadalupe No. 21 Annexation (16) North 43° 54' 00" West 55.42
feet;
Thence, (17) North 89° 52' 06" West 74.03 feet;
Thence, (18) South 00° 34' 00" East 8.20 feet;
Thence, (19) along a curve to the left having a radius of 30.33 feet through a central angle of 69° 40' 20" an arc
distance of 36.88 feet;
Thence, (20) South 19° 45' 40" West 40.00 feet;
Thence, (21) North 70° 14' 20" West 16.45 feet;
Thence, (22) along a curve to the left having a radius of 20.00 feet through a central angle of 85° 29' 00" an arc
distance of 29.84 feet to a point on the boundary line said Arnerich Road Annexation No. 1;
Thence, (23) North 31 ° 35' 04° West 60.41 feet along said Arnerich Road Annexation No. 1 boundary line;
Thence, (24) South 24° 16' 40" West 116.05 feet;
Thence, (25) along a curve to the right having a radius of 100.00 feet through a central angle of 47° 00' 20" an arc
distance of 82.04 feet;
Thence, (26) South 71 ° 17' 00" West 138.50 feet;
Thence, (27) South 00° 30' 00° East 10.56 feet;
Thence, (28) North 31° 33' 55" West 3.34 feet;
Thence, (29) South 77° 17' 30" West 288.77 feet;
Thence, (30) North 00° 00' 00" East 37.14 feet;
Thence, (31) South 89° 30' 00" West 187.08 feet;
Thence, (32) North 00° 00' 00" East 74.00 feet;
Thence, (33) South 89° 30' 00" West 100.00 feet;
Thence, (34) South 44° 26' 49" West 42.39 feet;
Thence, (35) South 89° 30' 00" West 239.38 feet;
Thence, (36) South 00° 00' 00" West 44.00 feet;
Thence, (37) South 89° 45' 16" West 826.70 feet;
Thence, (38) North 00° 33' 26" West 1,151.50 feet to the POINT OF BEGINNING
and containing 47.91 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.
Mason-Sutic, Inc.
Job No. 07-734
Page 1 0l 2
May 26, 2008
Revised August 19, 2008
Arnerich Road No. 2
Annexation to The Town of Lus Gatos
GEOGRAPHIC DESCRIPTION
OF "AREA B" (SOUTH OF ARNERICH ROAD)
All that certain real property situate In a portion of Sections 24 and 25, Township 8 South, Range 1 West, and in a
portion of Section 30, Township 8 South, Range 1 East, Mount Diablo Base and Meridian, in the County of Santa
Clara, State of California, described as follows: -
BEGINNING at the most Easterly Corner of Arnerich Road Annexation No. 1 to the Town of Los Gatos;
Thence, (1) North 53° 30' 00" West 44.28 feet along the boundary line of said Arnerich Road Annexation No. 1;
Thence, (2) South 59° 48' 35" West 303.01 feet
Thence, (3) South 17° 44' 00" West 151.10 feet;
Thence, (4) North 69° 55' 24" West 144.85 feet;
Thence, (5) South 71" 25' 00" West 92.64 feet;
Thence, (6) South 49° 46' 00" West 145.00 feet;
Thence, (7) North 10° 14' 00" West 289.90 feet;
Thence, (8) North 36° 55' 00" West 173.30 feet;
Thence, (9) North 68° 07' 20" West 136.30 feet;
Thence, (10) South 76° 38' 00" West 383.47 feet;
Thence, (11) North 00° 00' 00" West 254.19 feet to a point on the southerly right-of-way line of Arnerich Road;
Thence, (12) North 80° 29' 30" East 160.35 feet continuing along Arnerich Road Annexation No. 1 boundary line;
Thence, (13) South 88° 29' 00" East 186.08 feet;
Thence, (14) North 77° 17' 30" East 441.68 feet;
Thence, (15) North 71 ° 17' 00" East 121.49 feet;
Thence, (16) North 89° 30' 00" East 31.99 feet;
Thence, (17) North 71° 17' 00" East 57.22 feet;
Thence, (18) along a tangent curve to the left having a radius of 160.00 feet through a central angle of 39° 15' 40"
and arc distance of 109.64 feet;
Thence, leaving said Arnerich Road Annexation No. 1 boundary line, (19) South 08° 32' 00" West 84.90 feet;
Thence, (20) North 89° 30' 00" East 220.07 feet;
Thence, (21) South 09° 43' 30" East 158.98 feet;
Thence, (22) South 23° 06' 30" East 243.64 feet;
Thence, (23) South 36° 30' 00" West 94.31 feet to the POINT OF BEGINNING
and containing 13.19 acres of land, more or less.
"Area A" North of Arnerich Road containing 47.91 acres, "Area B" South of Arnerich Road containing 13.19 acres:
Total computed acreage containing 61.10 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.
Mason-Sulic, Inc.
Job No. 07-734
Page 2 of 2
May 26, 2008
Revised August 19, 2006
Arnerich Road No. 2
Annexation to The Town of Los Gatos
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EXHIBIT "B"
PROPOSED ANNEXATION TO TILE TOWS OP LOS GATOS
ARNERICH ROAD NO. 2
POH110N OF SECTIONS 24 & 25, TOWNSHIP R SOUTH, RANGE T WEST.
MOUNT DIABLO BASE 8 MERIDIAN
LOS GATOS. CALIFORNIA
DYa40,4 XUv1FR
07734-ANNEX
Regional
OpenSpace I Midpeninsula Regional Open Space District
November 25, 2009
Jennifer Savage, Assistant Planner
Town of Los Gatos
Community Development Department, Planning Division
Civic Center
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95031
RE: Arnerich Road No.2 Annexation to the Town of Los Gatos
Dear Ms. Savage,
RECEIVED
NOV 3 0 2009
TOWN OF LOS GATOS
PLANNING DIVISION
Thank you for contacting the Midpeninsula Regional Open Space District (District) to inform the
District of the proposed annexation of parcels in the Arnerich Road area that lie within the Town
of Los Gatos (Town) Urban Service Area (USA). The District owns three of the affected parcels
with Assessor Parcel Numbers 575-04-011, 575-05-001 and portion of 575-05-002 for a total net
acreage of 24.97. These three parcels are part of a large assemblage of parcels that form the
Rancho de Guadalupe area of Sierra Azul Open Space Preserve (Preserve).
We have carefully reviewed the proposed annexation and its potential implications and
understand the significance of this proposal to the Town of Los Gatos. We value the positive
relationship between the Town and the District we have experienced over the years when our
respective agencies have worked on collaborative projects or problems to reach a successful
resolution.
We did identify a number of concerns that annexation of these District parcels would raise,
especially given the multiple District land holdings in this area. We believe we have a solution
that will meet the needs of both the Town and the District.
First, incorporation of these parcels into the Town would provide no benefit to the Town or the
District since the District parcels do not now and will not require municipal services. Pursuant to
Santa Clara County Local Agency Formation Commission's (LAFCO) regulatory provisions,
such need is the primary purpose if lands are included in an Urban Service Area. The District's
facilities are low -intensity and self-contained. As such, they require neither water nor sewage
services as we do not provide on -site water for visitors and when occasional toilets are provided,
they are vault or pit toilets suitable for remote rural use and do not require connection to sewer
lines. Therefore, annexation would not be consistent with what we believe is the outcome
LAFCO would find most furthers its purposes and would not provide any benefit to the Town.
330 Distel Circle Los Altos, CA 94022 I a 6so.691.12oo I e 650.691.0485 I www.openspace.org I
Attachment 3
Second, the District's parcels are quite distinct in character from the other parcels proposed for
annexation. The parcels are restricted to open space use. The parcels will not be developed
except with the lowest intensity recreational uses such as an unpaved trail or unpaved staging
area to access a trail. District parcels are also removed from the tax rolls and annexation would
generate no revenue for the Town.
Third, the District believes it is much more efficient and cost-effective, both for the District and
the Town, to keep the Preserve under the jurisdiction of one land use regulatory agency. For
example, District trails span multiple parcels. If annexed to the Town, District trails would span
multiple regulatory jurisdictions, making it more cumbersome and costly to secure peiiuits in the
event a permit were needed for a trail repair or installation project.
The District has a well established relationship with Santa Clara County that has helped
streamline project reviews and approvals over time and, given the fiscal constraints facing all
government agencies, provides the most cost-effective method for the District to obtain permits
for its small projects.
For these reasons, the District contacted LAFCO to explore the options available to keep District
property under one jurisdiction. Based on these conversations, both the District and LAFCO
agree that District parcels should properly be excluded from the Town's USA to keep District
land wholly within unincorporated Santa Clara County.
To accomplish this mutually beneficial result, the District respectfully requests a resolution from
the Town that supports this exclusion. This resolution would allow LAFCO to proceed to
approve this minor amendment to the Town's Urban Service Area. The District has agreed to pay
LAFCO's administrative fees for this minor amendment. We understand that such a resolution
will be needed as soon as possible in the event the Town still desires to consider this annexation
at its Council meeting of January 19th. We understand that LAFCO would then be meeting in
February to approve the USA amendment. Adoption of the resolution at the Town Council's
first meeting in December would seem to keep this schedule on track should the Town desire it.
If you have any questions regarding this letter, please feel free to contact Ana Ruiz, Planning
Manager, at (650) 691-1200 or aruiz@openspace.org.
Sincerely,
Stephen E. Abbors
General Manager
cc: Greg Larson, Town of Los Gatos, City Manager
District Board of Directors
Ana Ruiz, District Planning Manager
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
INITIATING THE REORGANIZATION
OF THE UNINHABITED TERRITORY KNOWN AS
"ARNERICH ROAD NO. 2"
TO THE TOWN OF LOS GATOS,
SETTING THE MATTER FOR A HEARING ON FEBRUARY 1, 2010,
DIRECTING MAILING, POSTING AND PUBLISHING OF NOTICES OF THE HEARING,
AND INITIATING AN URBAN SERVICE AREA AMENDMENT
(APNS: 537-11-009, 537-11-030, 537-17-005, 537-17-015,
537-17-018, 537-17-020, 537-17-021, 537-17-024, 537-17-027, 537-17-032)
FILE #AN08-003.
WHEREAS, the Town Council of the Town of Los Gatos has received a request for
annexation of territory designated "Arnerich Road No. 2" from Robert L. Puette; and
WHEREAS, the property (APNS: 537-11-009, 537-11-030, 537-17-005, 537-17-015,
537-07-018, 537-17-020, 537-17-021, 537-17-024, 537-17-027, 537-17-032) totaling 63.7 acres,
more or less, is within 300 feet to the Town of Los Gatos along a public street and is within its
urban service area; and
WHEREAS, the following special districts would be affected by the proposal: Santa
Clara County Library Service Area and Santa Clara County Lighting Service Area; and
WHEREAS, the annexation would provide for use of Town services; and
WHEREAS, this territory was pre -zoned over 25 years ago to Town of Los Gatos
prezoning HR-20 (Hillside Residential, 20 to 160 acres for each dwelling unit) and RC (Resource
Conservation); 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 found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section 56757,
the boundaries to be definite and certain, and the proposal to be 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 some owners of land included in the
proposal may make written protest to this annexation; and
Attachment 4
WHEREAS, Government Code Section 57008 provides that a non-100% consent
annexation requires a public hearing to conduct protest proceedings; and
• WHEREAS, the Town of Los Gatos and Midpeninsula Regional Open Space District
desire to maintain the existing positive relationship between the Town and the District; and,
WHEREAS, Midpeninsula Regional Open Space District, desires to remain under the
jurisdiction of the County of Santa Clara for the following reasons: (1) the area is dedicated open
space requiring no municipal services; (2) the Town will not suffer any fiscal loss because open
space properties provide no value for tax collection; and (3) it is more efficient for the open space
preserve which the properties are a part of to remain under one jurisdiction; and
WHEREAS, although the subject annexation does not create an area in which it would be
difficult to provide services, an Urban Service Area Amendment ensures that the Midpeninsula
Regional Open Space District properties remain under the jurisdiction of the County of Santa
Clara and that no island is created as a result of the subject annexation; and,
WHEREAS, Midpeninsula Regional Open Space District has agreed to provide fees
required by the Santa Clara County Local Agency Foiiiiation Commission ("LAFCO");
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los
Gatos hereby initiates the reorganization of the uninhabited territory known as "Arnerich Road
No. 2" to the Town of Los Gatos, setting the matter for a hearing on February 1, 2010, and
directing mailing, posting and publishing of notices of the hearing.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town Council of Los
Gatos hereby initiates an Urban Service Area Amendment to exclude APNs 575-04-011 and 575-
05-001 from the Town's USA and requests LAFCO approval of the USA amendment.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 21st of
December, 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
EXHIBIT "A"
ARNERICH ROAD ANNEXATION NO. 2
ANNEXATION TO THE TOWN OF LOS GATOS
GEOGRAPHIC DESCRIPTION
All that certain real property situate in a portion of Sections 24 and 25, Township 8 South, Range 1 West, and
Section 30, Township 8 South, Range 1 East, Mount Diablo Base and Meridian, in the County of Santa Clara,
State of California, described as follows:
BEGINNING at the most Northeasterly Corner of Arnerich Road Annexation No. 1 to the Town of Los Gatos;
Thence, (1) South 81 ° 15' 00" East 264.93 feet;
Thence, (2) South 82° 00' 00" East 897.00 feet;
Thence, (3) North 48° 45' 00" East 78.33 feet;
Thence, (4) North 00° 30' 00" West 164.62 feet;
Thence, (5) North 77° 53' 55" East 50.08 feet to a point on the southerly boundary line of Hicks Road Annexation
No. 4 to the Town of Los Gatos, also being the southerly right-of-way line of Shannon Road;
Thence, (6) South 44° 09' 30" East 87.74 feet along said southerly boundary line of Hicks Road Annexation No. 4;
Thence, (7) South 72° 56' 16" East 259.42 feet;
Thence, (8) North 84° 03' 22" East 205.63 feet;
Thence, (9) North 75° 32' 45" East 145.38 feet;
Thence, (10) South 45° 55' 21" East 320.99 feet;
Thence, (11) South 00° 33' 24" West 166.18 feet to a point on the westerly boundary line of Guadalupe No. 21
Annexation to the City of San Jose, also being the westerly boundary line of the lands described in that certain
Grant Deed from James Rolph III and June Irene Rolph, his wife, to Guadalupe Rubbish Disposal Co., Inc., a
California Corporation, recorded August 16, 1973 in Book 0520 of Official Records at Pages 295-300, Santa Clara
County Records;
Thence, leaving said southerly boundary line of Hicks Road Annexation No. 4, (12) South 41 ° 00' 00" West
185.56 feet along said westerly boundary line of Guadalupe No. 21 Annexation;
Thence, (13) South 08° 30' 00" East 264.00 feet;
Thence, (14) South 14° 30' 00" East 330.00 feet to the Section Corner common to Sections 19 and 30, Township
8 South, Range 1 East, and Sections 24 and 25, Township 8 South, Range 1 West, Mount Diablo Base and
Meridian;
Thence, leaving said westerly boundary line of Guadalupe No. 21 Annexation, (15) South 89° 30' 00" West 31.00
feet, more or less, to a point on the easterly right-of-way line of Wagner Road;
Thence, (16) South 09° 43' 30" East 158.98 feet along said easterly right-of-way line of Wagner Road;
Thence, (17) South 23° 06' 30" East 243.64 feet;
Thence, (18) South 36° 30' 00" West 94.31 feet to a point on the easterly boundary line of said Arnerich Road
Annexation No. 1 to the Town of Los Gatos;
Thence, (19) North 53° 30' 00" West 44.28 feet along said Arnerich Road Annexation No. 1 boundary line;
Thence, (20) South 59° 48' 35" West 303.01 feet;
Thence, (21) South 17° 44' 00" West 151.10 feet;
Thence, (22) North 69° 55' 24" West 144.85 feet;
Thence, (23) South 71 ° 25' 00" West 92.64 feet;
Thence, (24) South 49° 46' 00" West 145.00 feet;
Thence, (25) North 10° 14' 00" West 289.90 feet;
Mason-Sulic, Inc.
Job No. 07-734
Page 1 of 2
December 14, 2009
Arnerich Road No. 2
Annexation to The Town of Los Gatos
GEOGRAPHIC DESCRIPTION CONTINUED
Thence, (26) North 36° 55' 00" West 173.30 feet;
Thence, (27) North 68° 07' 20" West 136.30 feet;
Thence, (28) South 76° 38' 00"' West 383.47 feet;
Thence, (29) North 00° 00' 00" East 254.19 feet to a point on the southerly right-of-way line of Arnerich Road;
Thence, (30) North 80° 29' 30" East 160.35 feet continuing along Arnerich Road Annexation No. 1 boundary line;
Thence, (31) South 88° 29' 00" East 186.08 feet;
Thence, (32) North 77° 17' 30" East 441.68 feet;
Thence, (33) North 71 ° 17' 00" East 121.49 feet;
Thence, (34) North 89° 30' 00" East 31.99 feet;
Thence, (35) North 71° 17' 00" East 57.22 feet;
Thence, (36) along a tangent curve to the left having a radius of 160.00 feet through a central angle of 39° 15' 40"
an arc distance of 109.64 feet;
Thence, (37) North 08° 32' 00" East 31.49 feet;
Thence, (38) North 24° 16' 40" East 73.41 feet;
Thence, (39) North 31° 35' 04" West 60.41 feet;
Thence, (40) South 24° 16' 40" West 116.05 feet;
Thence, (41) along a tangent curve to the right having a radius of 100.00 feet through a central angle of 47° 00'
20" an arc distance of 82.04 feet;
Thence, (42) South 71 ° 17' 00" West 138.50 feet;
Thence, (43) South 00° 30' 00" East 10.56 feet;
Thence, (44) North 31 ° 33' 55" West 3.34 feet;
Thence, (45) South 77° 17' 30" West 288.77 feet;
Thence, (46) North 00° 00' 00" East 37.14 feet;
Thence, (47) South 89° 30' 00" West 187.08 feet;
Thence, (48) North 00° 00' 00" East 74.00 feet;
Thence, (49) South 89° 30' 00" West 100.00 feet;
Thence, (50) South 44° 26' 49" West 42.39 feet;
Thence, (51) South 89° 30' 00" West 239.38 feet;
Thence, (52) South 00° 00' 00" West 44.00 feet;
Thence, (53) South 89° 45' 16" West 826.70 feet;
Thence, (54) North 00° 33' 26" West 1,151.50 feet to the POINT OF BEGINNING
and containing 63.70 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.
edA-7
Mason-Sulic, Inc.
Job No. 07-734
Page 2 of 2
December 14, 2009
Arnerich Road No. 2
Annexation to The Town of Los Gatos
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a
PETITION
FOR THE ANNEXATION OF TERRITORY TO THE
RECEIVED
TOWN OF LOS GATOS JUL 0 1 2008
TOWN.OF LOS GATOS
pl N Iihl� DIVI�IOPI
The undersigned hereby petition the Town Council of the Town of Los Gatos for approval�oa'propose�
annexation, and stipulate as follows:
1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Government Code
(commencing with Section 56000, Cortese -Knox -Hertzberg Local Government Reorganization Act of
2000).
2. The proposed annexation is designated as: (To be completed by Town Staff)
ARNERICH ROAD ANNEXATION NO. 2 and consists of
Annexation to the Town of Los Gatos of 16.10 acres on the side.
of Arnerich Road (street name) between Hicks Road, Shannon Road
(street name) and Wagner Road
(street name).
3. A metes and bounds description of the exterior boundaries of the territory included in the proposal,
marked "Exhibit 'A"', and a map of said territory, marked "Exhibit'B1", are attached to this petition and
by this reference incorporated herein.
4. The territory to be annexed is:
inhabited (12 or more registered voters)
X uninhabited (less than 12 registered voters).
5. This proposal is consistent with the Sphere of Influence of the Town of Los Gatos.
6. The reason(s) for the proposed annexation is/are:
To obtain -high. -quality services_to the residences. of ,the area_and allow
them a full voice in local government.
7. It is desired that the proposed annexation be made subject to the following terms and conditions:
That the Town shall succeed to the Williamson Act Contract. (Although all
the properties currently under the Williamson Act have received notes of
non -renewal) .
N!.DE SUZANNE'Pnnexationl2-Petition:wptl
RE'/.:7/02/07
Attachment 5
8. The person(s) signing this petition has/have signed as (check one):
V owner(s) of land within the affected territory.
registered voter(s) within the affected territory.
9. The undersigned proponents ( )do/(X)do not (check one) own 100 percent of the territory proposed
for annexation.
Wherefore, petitioner(s) request(s) that be taken in accordance with the provisions of Section 56000 et seq.
of the Government Code, and herewith affix signatures) as follows:
SIGNATURES
OF PETITIONERS
(Please print name
below signature)
MAILING ADDRESS
ASSESSOR'S
PARCEL NO.
Robert L. Puette
P.O. Box 1750
537-11-030
Te-o„,to
Hollister, CA 95024
DATE: May 26, 2008
Phone: H-408-309-3710 W _ 408-309-3710
DATE:
Phone: H - W -
DATE:. - - _
Phone.: _ H - W . -
For additional signatures, use Supplemental Petition.
WHEN COMPLETE RETURN TO:
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
110 E.-I1/IA1N STREET
LOS GATOS, CALIFORNIA 95030
PHONE: (408) 354-6874
N:\DEV\SUZANNE?nnexation\2-Petition:W pd
REV.:7102/07
LOCAL AGENCY FORMATION COMVIISSION OF SANTA CLARA COUNTY
County Government Center, llth Floor, East Wing
70 West Hedding Street, San Jose, California 95110
(408) 299-5127 (408) 295-1613 Fax
APPLICATION FORM
CHANGE OF ORGANIZATION OR REORGANIZATION PROPOSAL
RP E!\.! 1
JUL 0 1 2008
TOS
PLANNING DI\iI 'ION
APPLICANT INFORMATION
1. Is the application by Resolution of agency
a. If application is by resolution:
Agency seeking change of organization:
Contact Person:
Address:
OR is it by Petition V.
/7A
Phone:
b. If application is by petition:
Is the petition by Landowners Yor Registered Voters in the area?
Contact person for applicant seeking change of organization:
VP,JIm�r Sw(i (lv1A-so1J_S(lic, Phone: 4O - a4/—L1-Li 3
Mailing Address: 1 71 /1-ta_•W- I 4419 S -San 0 Se_) CA- CIs l Z(p
11.
PROJECT INFORMATION
Please provide the following information. You may attach additional sheets as needed and indicate so.
1.
Project Description: Request for annexation/ d_±a__-__.e__:/ rccr ani. tiort
to/ -from TV C- 1-os Gal -OS
(city/ special district
?. Number of acres: 61' id Number of parcels: 4
Address: l'-rCfli(L C h ctd , S hay. i r o 11 1�. a ). )9n Per
53030
Assessors Parcel Numbers: 53 7 -O is' O l 8') 0;.G) O a 1) 0, 3 6; i 0,,;
3. Number of inhabitants: r I f Number of dwelling units: 5
ReorgApplicForm.doc
Page 1 of 6
April 2003
Attachment 6
r
4. Number of registered voters: 11
5. Is the area proposed for annexation / c achmcnh/ reorganization in the City /
islriet's sphere of influence? Yes ✓ No . If not, a concurrent sphere
amendment is necessary.
6. Is the area proposed for annexation/ detachment/ reorganization in the City's
urban service area? Yes ✓ No
7. Indicate the parcel numbers of those parcels, if any, which are under contract
with the County under provisions of the Williamson Act:
t�-,P•N, 53 -1-7--D1E/ OP-7-
7a. What steps, if any, have been taken or are proposed to release the above parcels
from the contract? 21Gt/1 o f San rat £ifc ra S .n 1-- /'2o1-l�eS O�
/10 !1- i2 /121-4)27 fd O OW/t2 fS / /7 LOD/o
8. For cityannexations, what is the pre -zoning that has been applied to the area?
aD and Zin
9. Describe the development being proposed for the territory, and when this
development is expected to begin. All ef/-i.e a/re O ecm-�C7
-ems pt -err e ne Vaea,n1- (a t.
10. Do the boundaries of the subject territory conform to lines of assessment and
ownership? Yes ✓ / No
10a. If NO, please explain the reason for non -conformity and provide justification
for for LAFCO approval of boundaries that split lines of assessment and
ownership.
11. Do the boundaries of any proposed annexation create an island, corridor or
strip? Yes No V
11a. If YES, please provide justification for LAFCO approval of this proposal
involving creation of islands.
RECEIVED
JUL 0 1 2008
TOWN OF LOS GATOS
OS
PLANNING IEageIT12.1.
12. How will services such as sewer, water, fire protection, police, garbage, lighting
and other urban services be provided to the new development proposed in the
area?
�GU7 & YLI4( P jL t 5 �l
13. Will extension of urban services or the construction of public improvements to
the area be financed by a special assessment? Yes - No `/
13a.If yes, describe service and or improvements and the average cost per resident
or landowner in the area.
/7l4 `/4
(service / improvement) (cost per year for "x"years)
14. List names and addresses of all cities, special districts, school districts and
County service areas located within the area of this proposal( exclude Santa Clara
County Water District, San Francisco Bay Area Air Pollution Control district, County Library
Zone, and Water Importation). For district reorganizations, list all cities within 3
miles of the affected area.
Wesi- Val lei Sarki+.ltrrhis&-nGj
�e41,i-Y'4, ( re
i.Og cai.0 s S'eA I '7Dl '1'WCf'
15. For city annexations, list those concurrent or future detachments from special
districts, which are proposed for this area.
fi/4
16. Is Agency requesting a waiver of protest proceedings per Government Code
Section 56663 (c, d)? YES NO
If NO, LAFCO will have to conduct a separate public hearing called the protest
hearing following LAFCO approval of the proposal.
If YES, please sign and attach the Waiver of Protest Proceedings Forms from all
the agencies losing or gaining territory as a result of this proposal.
Page 3 of 6
III. 100% CONSENT PROPOSALS
(Hearing not required for 100% property owner consent proposals)
For 100% consent proposals, please provide the following information and obtain certification by City /
District Clerk. Please attach separate sheets, if additional space is required.
Owners of land* within the affected area who consent to this proposal should show
their consent by signing and printing or typing their names and addresses, with
date below and fill in all the information.
Date Sign & PRINT name Property Address Parcel #
Ii'IZlog
14100 Arnerich Road 537-11-009
Los Gatos, CA 95032
Assessed land
value
par/faik---,505 Hicks Road 537-11-030 236 I. ,
Robert L. Puette Los Gatos, CA 95032
17505 Hicks Road
. Puette Los Gatos, CA 95032
CERTIFICATE OF CITY/ DISTRICT CLERK
1
537-11-030 / Zg(? f s3
I CERTIFY that I have checked the number of owners of property located within the
annexation/ detachment/ reorganization proposed by this application and that the
(number) of signatures above represent all of the owners of property included
in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Section
56663, the City/District waives the requirement for written notice and gives
consent for the commission to make determinations on this proposal without notice
or hearing.
Date:
City/ District Clerk:
City/ District of (seal)
* "Owner of land" (Section 56048) means (1) any person shown as the owner of land on the most
recent assessment roll being prepared by the county at the time the proponent adopts a resolution of
application pursuant to Section 56654 or files a notice of intention to circulate a petition with the
executive officer pursuant to subdivision. (a) of Section 56700.4,except where that person is no longer
the owner. Where that person is no longer the owner, the landowner or owner of land is any person
entitled to be shown as owner of land on the next assessment roll. (2) Where land is subject to a
recorded written agreement of sale;. any person shown in the agreement as purchaser:(3) Any public
agen.cyowning. land. It does not include a public a ency which highways, rich
easements, waterways, or canals.
Page 4of6
III. 100% CONSENT PROPOSALS
/713-67
IIJ3ti7
(Hearing not required for 100% property owner consent proposals)
For 100% consent proposals, please provide the following information and obtain certification by City /
District Clerk. Please attach separate sheets, if additional space is required.
Owners of land* within the affected area who consent to this proposal should show
their consent by signing and printing or typing their names and addresses, with
date below and fill in all the information.
Date r Sign & PRINT name Property Address Parcel # Assessed land
value
- 14090 Shannon Road 537-17-018 1 7V:0) 3 2--
aramarz Se ahmansour Los Gatos, CA 95032
=4_, J, yuQ�j nJ 14090 Shannon Road 537-17-018
Karen'Sepahmansour Los Gatos, CA 95032
CERTIFICATE OF CITY/ DISTRICT CLERK
I CERTIFY that I have checked the number of owners of property located within the
annexation/ detachment/ reorganization proposed by this application and that the
(number) of signatures above represent all of the owners of property included
in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Section
56663, the City/District waives the requirement for written notice and gives
consent for the commission to make determinations on this proposal without notice
or hearing.
Date: City/ District Clerk:
City/ District of (seal)
* "Owner of land" (Section 56048) means (1) any person shown as the owner of land on the most
recent assessment roll being prepared by the county at the time the proponent adopts a resolution of
application pursuant to Section 56654 or files a notice of intention to circulate a petition with the
executive officer pursuant to subdivision (a) of Section 56700.4,except where that person is no longer
the owner. Where that person is no longer the owner, the landowner or owner of land is any person
entitled to be shown as owner of land on the next assessment roll. (2) Where land is subject to a
recorded written agreement o :sale, any person shown in the agreement as purchaser; 3)' Any public
agency owning land. It does not include a public agency which owns highways, rights -of way,
easements, waterways, or canals.
Page 4of6
III. • 100% CONSENT PROPOSALS
(Hearing not required for 100% property owner consent proposals)
For 100% consent proposals, please provide the following information and obtain certification by City /
District Clerk. Please attach separate sheets, if additional space is required.
Owners of land* within the affected area who consent to this proposal should show
their consent by signing and printing or typing their names and addresses, with
date below and fill in all the information.
Date Sign & PRINT name Property Address Parcel # Assessed land
value
/03/ov7��//Y7-
//
/3`
/
Carrie'. Per7o17
N
Von Leiter
jI•
John Weidert Los Gatos, CA 95030
/1//3/6);ZI
,
7i4050 Shannon Road
Los Gatos, CA 95032
14050 Shannon Road
Los Gatos, CA 95032
537-17-027 $ 2/ 3.2 y / % Z_
537-17-027 , a/ 3. y / 702--
O) s t(
14065 Arnerich Road 537-17 20
Margaret Weidert Tina' GatnG, CA 9Sfl (
CERTIFICATE OF CITY/ DISTRICT CLERK
'I CERTIFY that I have checked the number of owners of property located within the
annexation/ detachment/ reorganization proposed by this application and that the
(number) of signatures above represent all of the owners of property included
in this proposal. I FURTHER CERTIFY that, pursuant to Government Code Section
56663, the City/District waives the requirement for written notice and gives
consent for the commission to make determinations on this proposal without notice
or hearing.
Date: City/ District Clerk:
City/ District of (seal)
* "Owner of land" (Section 56048) means (1) any person shown as the owner of land on the most
recent assessment roll being prepared by the county at the time the proponent adopts a resolution of
application pursuant to Section56654 or files a notice of intention to circulate a petition with the
executive officer pursuant to subdivision (a) of Section 56700.4,except where that person is no longer
the owner. Where that person is no longer the owner, the landowner or owner of land is any person
entitled to be shown as owner of land on the next .s-essment roll. (2) Where land is subject to a
recorded written agreement of sale, any person shown in the agreement as purchaser. (3) Any public
agency owning land. It does not include s_ c".iblie u,.;;2ncy which c Vvji- highways, rights -of r;a y,
easements, waterways, or canals.
Page4of6
IV. Non-100% CONSENT PROPOSALS
(Hearing will be held for non-100% consent proposals.)
Owners of land within the proposal area who do not consent to this proposal
should be listed by name, address, parcel number and assessed land value below.
Please attach separate sheets, if additional space is required.
PRINT name Property Address
Michael Kokinos 14075 Arnerich Road
Los Gatos, CA 95032
Polyzene Kokinos 14075 Arnerich Road
Los Gatos, CA 95032
Parcel#
537-17-024
537-17-032
537-17-024
537-17-032
Assessed land value
For non-100% consent proposals, list all registered voters residing in the affected
area, if different from the landowners named under Section IV and V. Please attach
separate sheets, if additional space is required.
Name Address
Name - Address
Page 5 of 6
V. ENVIRONMENTAL STATUS OF APPLICATION
Check the appropriate section to indicate the status of compliance with CEQA.
1. ✓ D W it o Los �q !VS (name of City /-434,A4et.); as Lead
Agency for environmental review of the project, in compliance with CEQA
has:
determined that the proposal is statutorily exempt from the provisions
of CEQA pursuant to CEQA Guidelines Section (cite class
exemption section) because
✓ determined that the proposal is categorically exempt from provisions
of CEQA pursuant to CEQA Guidelines Section 1 S 31 471 CA
completed an Initial Study and Negative Declaration for the
armexation, 10 copies of which are attached to this application
completed a final EIR for the project ,10 copies of which are attached
to this application.
2. LAFCO is to be Lead Agency for the environmental review of the project
as indicated in attached confirmation from LAFCO Executive Director.
I hereby certify that all LAFCO filing requirements will be met and that the
statements made in this application are to the best of my knowledge accurate.
4(117li r Stcl1c Via -son -stir / )
(PRINname of person completing this application)
(Signatre
,Do a l 4-tam/Lida I r s
S t .as e) CA- 11S7 0-4,
(Address)
_sjak AS'
(Date)
Page 6 of 6
Vicinity Map
Arnerich Road No. 2
Legend
-•--- Existing Urban Service Area Boundary
V��, Proposed Annexation
Parcels
Town Jurisdiction
Attachment 7
Site Map
Legend
/ Proposed Annexation
Zoning Boundary
Parcels
Town Jurisdiction
Arnerich Road No. 2
Attachment 8
ARNERICH ROAD NO. 2
TOTAL ASSESSED VALUE
2009 - 2010 TAX ROLL
CNT
SITE ADDRESS
APN
TOTAL VALUE
1.
14100 Arnerich Rd
537-11-009
$ 984,359.00
2.
17505 Hicks Rd
537-11-030
$ 1,338,114.00
3.
17491 Hicks Rd
537-17-005
$ 874,164.00
4.
Arnerich Rd
537-17-015
$ 6,711.00
5.
14090 Arnerich Rd
537-17-018
$ 1,835,720.00
6.
14065 Arnerich Rd
537-17-020
$ 1,387,329.00
7.
Arnerich Rd
537-17-021
$ 47,038.00
8.
14075 Arnerich Rd
537-17-024
$ 13,813.00
9.
14050 Shannon Road
537-17-027
$ 4,217,596.00
10.
Arnerich Rd
537-17-032
$ 3,510,283.00
TOTAL:
$ 14, 215,127.00
N:\DEV\JENNIFER S\Annexation\ArnerichNo.2\Total Assessed Value Attachment 9
Regional
OpenSpace I Midpeninsula Regional open Space District
December 11, 2009
Jennifer Savage, Assistant Planner
Town of Los Gatos
Community Development Department, Planning Division
Civic Center
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95031
RE: Arnerich Road No. 2 Annexation to the Town of Los Gatos
Dear Ms. Savage,
DEC 1 5 2009
OWN OF LOS GATOS
. :_ANNIN(
Midpeninsula Regional Open Space District (District) would like to follow up on a recent letter
that was submitted to you with the date of November 25, 2009 regarding the proposed Arnerich
Road No. 2 Annexation by the Town of Los Gatos (Town). As stated in the prior letter, the
District is requesting the exclusion of District parcels from the Town's Urban Service Area and
from the Arnerich Road No. 2 Annexation in order to keep District property wholly within Santa
Clara County jurisdiction given our numerous land holdings in this area. To accomplish this, we
have asked the Town for a resolution supporting this exclusion that would then be forwarded to
the Santa Clara County Local Agency Formation Commission.
We understand that the Town would like assurances that the property will continue to remain in
open space. To that end, I am writing to assure the Town that the District fully intends to
maintain ownership and management of this property in open space in perpetuity.This land is an
integral part of the District's larger Sierra Azul Open Space Preserve. This intention is entirely
consistent with. the District's enabling legislation under Public Resources Code Section 5500 et
seq., which specifies all powers and obligations of the District. Furthermore, Public Resources
Code Section 5565 states in pertinent part:
"The legal title to all property acquired by the district under the provisions of this article shall
immediately and by operation of law vest in the district, and shall be held by the district in trust
for, and is dedicated and set apart for, the uses and purposes set forth in this article. "
Following the completion of the Sierra Azul Open Space Preserve Master Plan, currently
scheduled for March 2011. District staff will be forwarding the action of formally dedicating
this land as open space through an adopted resolution to our Board of Directors. This action will
further solidify the open space protections afforded to this property since dedicated lands may
not be conveyed without either the consent of a majority of voters or by concurrent resolution of
the Legislature. It is District standard procedure to identify lands to dedicate following
completion of a similar comprehensive planning process.
330 Distel Circle Los Altos, CA 94022 I a 650.691,120o I : 650.691.0485 I www.openspace.org I
Attachment 10
Consistent with the District's 26 other open space preserves, this land will continue to be
managed as public open space that allows ecologically -sensitive public recreation. District
facilities will continue to remain low -intensity and self-contained, namely unpaved trails, pit -
vault toilet restrooms, gravel parking areas, and recreational signage.
If you have any questions regarding this letter, please feel free to contact Ana Ruiz, Planning
Manager, at (650) 691-1200.
Sincerely,
Stephen E. Abbors
General Manager
cc: Greg Larson, Town of Los Gatos, City Manager
Wendie Rooney, Town of Los Gatos, Community Development Director
Sandy Baily, Town of Los Gatos, Town Planner;""
District Board of Directors
Ana Ruiz, District Planning Manager