10 Staff Report - Arnerich Road No 2N~ MEETING DATE: 05/04/09
ITEM NO.
Uilw,
COUNCIL AGENDA REPORT
toy ~ ~~os
DATE: April 30, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: ARNERICH ROAD NO.2 (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.
ADOPT RESOLUTION RESCINDING RESOLUTION NO. 2009-034,
TERMINATING ANNEXATION PROCEEDINGS, AND DIRECTING STAFF
TO INITIATE NEW PROCEEDINGS.
RECOMMENDATION:
The Santa Clara County Local Agency Formation Commission (LAFCO) has determined that three
properties to the east of the subj ect application must be included as part of the proposed annexation.
Given that the previous notification for the April b, 2009 and May 4, 2009 hearings did not include
the additional property information, staff recommends the Council adopt a resolution rescinding the
previously adopted Resolution 2009-034.
BACKGROUND:
On April 6, 2009, the Town Council adopted a resolution initiating the annexation for Arnerich No.
2. At the same hearing, the Town Council, after receiving public comment, requested clarification
regarding the term `island', the LAFCO requirements for islands versus peninsulas and for a map of
the existing jurisdiction. In the follow-up conversations with LAFCO staff, it was detennined that
the subject annexation would create two separate islands, which is contrary to what Town staff was
told before the annexation was initiated and is inconsistent with LAFCO policies.
(continued on page 2)
afil-I
PREPARED BY: Wendie R. Rooney, Director of Community Development
Reviewed by: ~Assistant Town Manager t ulvl own Attorney Clerk Finance
Corrununity Development Revised: 4130109 9-41 AM
Reforinatted: 5/30/02 N;IDCVICNCLRPTS120091ArnericliNo.2.Protest lennination.doc
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ARNERICH ROAD NO. 2; FILE #AN08-003.
April 30, 2009
nrCrr TRRM .
A. County Islands
There is no definition of the term "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 term "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, an island for the purposes of
annexation.
B. Location and Pro ertA vicinity map is included as Attachment 2 and shows the proposed annexation as well as the
existing county island in which it is located. Although the proposed annexation reduces the
total area of the county island, as currently proposed, it divides the existing single county island
into two islands. This prevents the decision body 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."
A site map is included as Attachment 3 and illustrates the division of the existing island the
annexation would create. The site map also provides zoning designations.
C. Annexation Termination
The determination by LAFCO that the additional properties must be included requires the
proposed annexation map be redrawn and the process to commence from the beginning.
Therefore, staff is recommending that the subject application be tenninated and that the
original resolution initiating the annexation be rescinded.
D. Forthcoming Annexation
Staff expects the annexation to continue with the required changes. The area contains less than
12 registered voters (Attachment 4) and staff expects the Town will receive written protests,
Consequently, the forthcoming annexation would be an uninhabited non-100% consent
annexation as was the annexation before the additional territory requirement. The process will
be the same and a public hearing will be required to conduct protest proceedings. After the
conclusion of the protest proceedings, but no later than 30 days after the protest proceedings,
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ARNERICH ROAD NO. 2; FILE #AN08-003.
April 30, 2009
the Council shall determine the value of written protests filed and not withdrawn. Based on the
determination of the value of written protests, the Council shall take one of the following
actions:
1. 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.
2. 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.
E. Value
In expectation of the annexation progressing forward, a table of current value is provided in
Attachment 5. Staff anticipates Mr. & Ms. Kokinos, property owners of APNs 537-17-024 and
537-17-032, and Jonathan Frankle and Lorraine Hirsch, property owners ofAPN 537-17-005),
will protest the annexation. Midpeninsula Regional Open Space District owns the two other
properties required by LAFCO to be included in the subject application.
At the April 6, 2009 Council hearing, Mr. Kokinos was unable to conclude his presentation and
introduce the fact that incorrect values were enrolled for his property by the County Assessor.
The attached table of current values (Attachment 5) reflects the updated tax assessor records
for the 2008-2009 tax roll and the additional territory to become a part of the subject
annexation.
In summary, the value of the entire area to be annexed is $13,905,389.00 (2008-09 tax roll).
The value of the property owned by Kokinos and Frankle/Hirsch is $4,298,478.00, or 30.9% 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)(2). Section 15319 (Annexation of Existing Facilities and
Lots for Exempt Facilities) exempts annexations to a city of private structures developed to a density
allowed by current or prezoning.
Attachments:
1. Resolution rescinding Resolution 2009-034, with Exhibits A & B
2. Vicinity Map
3. Site Map
4. List of Registered Voters
5. Updated Table of Total Assessed Value
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ARIVERICH ROAD NO. 2; FILE #AN08-003.
April 30, 2009
Distribution:
Velimir Sulic, 2021 The Alameda, Suite 195, San Jose, CA 95126
Jeffery Kaplan, 14100 Arnerich Road, Los Gatos, CA 95032
Robert L. Puette, P.O. Box 1750, Hollister, CA 95024
J.P. Puette, P.O. Box 1750, Hollister, CA 95024
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
Jonathan A. Frankle, 17491 Hicks Road, Los Gatos, CA 95032
Lorraine S. Hirsch, 17491 Hicks Road, Los Gatos, CA 95032
Midpeninsula Regional Open Space District Attn: Mike Williams, 330 Distel Circle, Los Altos, CA
94022-1404
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
Boulevard, Los Gatos, CA 95032
WRR:JS:mdc
RESOLUTION
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 terminated 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:
1. 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";
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 termination 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 4" of
May 2009, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED :
/s/ Mike Wasserman
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Jackie Rose
CLERK ADMINISTRATOR 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. I to the Town of Los Gatos; ,
Thence, (1) South 81 ° 1500" East 264.93 feet;
Thence, (2) South 821 00'00" East 897.00 feet;
Thence, (3) North 48° 45'00" East 78.33 feet;
Thence, (4) North 001 30'00" West 164.62 feet;
Thence, (5) North 77° 53'56' 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 751 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 Cm, 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" 30'09' 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 74.83 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 690 40'20" an arc
distance of 36.88 feet;
Thence, (20) South 19° 45'40" West 40.00 feet;
Thence, (21) North 701 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 29.64 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 fine;
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 foot;
Thence, (36) South 00" 00'00" West 44.00 foot;
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 properly 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.
May 26, 2008
Masan-Sulic, Inc. Revised August 19, 2008
Job No. 07434 Arnerich Road No. 2
Page 1 o12 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, (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" l=ast 160.35 feet continuing along Arnerich Road Annexation No. 1 boundary line;
Thence, (13) South 88" 29' 00" East 166.08 feet;
Thence, (14) North 77° 17' 30" East 441.68 feet;
Thence, (15) North 711 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.
May 26, 2008
Mason-Sulic, Inc. Revised August 12, 2008
Job No. 07-734 Arnerich Road No. 2
Page 2 of 2 Annexation to The Town of Los Gatos
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Arnerich Road No. 2
N
Legend
Property Required by LAFCO
Proposed Annexation
Urban Service Area Boundary
0 Town Jurisdiction
ATTACHMENT 2
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Site Map
Legend Arnerich Road No. 2
Property Required by LAFCO
® Proposed Annexation
Zoning Boundaries
Parcels
Town Jurisdiction
ATTACHMENT 3
ARNERICH ROAD NO. 2
LIST OF REGISTERED VOTERS
NUMBER OF
SITE ADDRESS
APN
REGISTERED VOTER
REGISTERED VOTERS
1.
14100 Arnerich Rd
537-11-009
Jeff Kaplan
1
2.
17505 Hicks Rd
537-11-030
0
0
Jonathan A. Frankle
3.
17491 Hicks Rd
537-17-005
Lorraine S. Hirsch
2
4.
Arnerich Rd
537-17-015
0
0
5.
14090 Arnerich Rd
537-17-018
0
0
John C. Weidert Margaret
2
6.
14065 Arnerich Rd
537-17-020
Mary Weidert
7.
Arnerich Rd
537-17-021
0
0
Michael Anthony Kokinos
2
8.
14075 Arnerich Rd
537-17-024
Polyxene Gazetas Kokinos
Von Otto Leirer Carrie Joy
9.
14050 Shannon Road
537-17-027
Perzow
2
Michael Anthony Kokinos
(included with APN 537-
10.
Arnerich Rd
537-17-032
Polyxene Gazetas Kokinos
17-024)
11.
Hicks Rd
575-04-011
0
0
12.
Pheasant Rd
575-05-002
0
0
TOTAL: 9
NADEVWENNIFER S%nnexationlArnerichNo.211_ist of Registered VotersAs ATTACHMENT 4
ARNERICH ROAD NO. 2
TOTAL ASSESSED VALUE
2008 - 2009 TAX ROLL
N
SITE ADDRESS
APN
TOTAL. VALUE
1.
14100 Arnerich Rd
537-11-009
$ 965,059.00
2.
17505 Hicks Rd
537-11-030
$ 1,311,877.00
3.
17491 Hicks Rd
537-17-005
$ 857,024.00
4.
Arnerich Rd
537-17-015
$ 138.00
5.
14090 Arnerich Rd
537-17-018
$ 1,775,733.00
6.
14065 Arnerich Rd
537-17-020
$ 1,360,128.00
7.
Arnerich Rd
537-17-021
$ 46,116.00
8.
14075 Arnerich Rd
537-17-024
$ 12,961.00
9.
14050 5hannon Road
537-17-027
$ 4,134,899.00
10.
Arnerich Rd
537-17-032
$ 3,441,454.00
11.
Hicks Rd
575-04-011
$ -
12.
Pheasant Rd
575-05-002
$ -
TOTAL: $ 13,905,389.00
WDEWENNIFER 51AnnexationlAmerich%.2\Total Assessed Value.xls ATTACEMENT 5