07 Staff Report - Oka Road No. 9
DATE: TO: FROM: COUNCIL AGENDA REPORT October 21,2004 DEBRA J. FIGONE, TOWN MANAGERl MEETING DATE: 11/1/04 ITEM NO. , 7 SUBJECT: ADOPT RESOLUTION
MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "OKA ROAD NO.9,"APPROXIMATELY 6.68 ACRES LOCATEDAT 14800 & 14840OKA ROAD (APNs: 424-08-057, 058, 059 &
060) PREPARED BY: RECOMMENDATION: Adopt resolution making determinations and approving the reorganization of territory designated "Oka Road No.9," approximately 6.68 acres located at
14800 & 14840 Oka Road (APNs: 424-08057,058,059 & 060). BACKGROUND: TheTownhas received a petition from Thomas Yuki, owner ofthe property at 14800 and 14840 Oka Road (Attachment 2),
requesting annexation offour parcels to the Town ofLos Gatos. The property is located on the east side of Oka Road, between Lark and Mozart Avenues. This is the last ofthe .unincorporated
"island" or "pockets" of the County in this area. On October 18, 2004, the Town Council adopted Resolution 2004-124, introducing the annexation and setting the date for the annexation
of the property known as Oka Road No.9. DISCUSSION: The property is in the Town's Urban Services Area boundary, and is prezoned Rl:8 (single family residential, 8,000 sq. ft. minimum
lot size). This annexation will allow municipal services to be extended to the property and in fill to an existing County "island." Municipal services don't just apply to utilities and
sanitary sewer, but the whole spectrum of services provided by a city. Those services include such things as police, local building and planning, voting in municipal elections, and serving
on the various boards and commissions. JOHNE. CURTIS .A( d /. Director of Parks and Public Works )1""'\•• _, Reviewed by: PS) Assistant Town Manager &flY Attorney __Clerk
5"<2--Finance __Community Development Revised: 10/21/04 11:16 am Reformatted: 5/30/02 N:\B&E\COUNCIL REPORTS\Annex-Oka Rd 9-Fina1.wpd
PAGE 2 SUBJECT: OKA ROAD NO.9 ANNEXATION October 21,2004 Since this is a 100% consent, "Uninhabited" annexation (less than twelve registered voters),
a public hearing is not required. However, waiver of the protest (public hearing) must be received from agencies gaining or losing territory with this annexation. Waivers have been received
from Santa Clara County and County Library Service 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: The following fees are assessed by Santa Clara County, LAFCO and the State Board ofEqualization, and must be paid by the petitioner: Map,
Legal Description and Guideline Checking Fees 2,000.00 (Paid) LAFCO Processing Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 340.00 (Received) State Board of Equalization
Fee 500.00 (Received) The petitioner has paid fees to the Town for annexation processing, permit tracking, and microfiching of$443.50. Once the annexation is certified bythe State Board
ofEqualization, the Townwill receive nine point six percent (9.6%) of the property taxes. Attachments: 1. Resolution making determinations and approving the reorganization ofterritory
designated "Oka Road No.9," approximately 6.68 acres located at 14800 & 14840 Oka Road (APN: 424-08-057,058,059 & 060). Exhibit A. Legal Description ofOka Road No.9 Annexation. Exhibit
B. Plat to Accompany Legal Description. 2. Petition for Annexation Distribution: Thomas Yuki, Yuki Farms Limited Partnership One, 15459 Los Gatos Blvd., Los Gatos, CA 95030 William Sampson,
Ruth & Going, Inc., P.O. Box 26460, San Jose, CA 95159 N:\B&E\COUNCIL REPORTS\Annex-Oka Rd 9-Final.wpd
RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING DETERMINATIONS AND APPROVING THE REORGANIZATION OF TERRITORY DESIGNATED "OKA ROAD NO.9," APPROXIMATELY 6.68
ACRES LOCATED AT 14800 & 14840 Oka Road (APN: 424-08-057, 058, 059 & 060) WHEREAS, a petition for the annexation ofcertain territory to the Town ofLos Gatos and detachment ofsaid territory
from Santa Clara County Library Service Area, consisting of6.68 acres on 14800 & 14840 Oka Road (APN: 424-08-057, 058, 059 & 060) has been filed by Tom Yuki of Yuki Farms Limited Partnership;
and WHEREAS, said territory is uninhabited and all owners of land, included in the proposal, consent to this annexation; and WHEREAS, Section 56757 ofthe California Government Code states
that the Local Agency Formation Commission shall not review an annexation proposal to any City in Santa Clara County ofunincorporated territory which is within the urban service area
ofthe city initiated by resolution of the legislative body, and therefore the Town Council of the Town of Los Gatos is now the conduction authority of said annexation; and WHEREAS, Government
Code Section 56663 (a) provides that if a petition for annexation is signed by all owners of land within the affected territory, the Town Council may approve or disapprove the annexation
without public hearing; and . WHEREAS, evidence was presented to the Town Council; NOW,THEREFORE,BEIT RESOLYEDbythe Town Council ofthe TownofLos Gatos as follows: 1. That it is the conducting
authority pursuant to Section 56757 of the Government Code for the annexation of property designated "Oka Road No.9," more particularly described in Exhibit A and B; 2. That the following
finding are made by the Town Council of the Town ofLos Gatos: a. That said territory is uninhabited and comprises approximately 6.68 acres. b. That the annexation is consistent with
the orderly annexation ofterritory within the Town's urban service area and is consistent with the Town policy ofannexing when required by the Town's agreement with the County of Santa
Clara. N:\B&E\COUNCIL REPORTSlAnnex-Oka Rd 9-Final.wpd Attachment 1
c. The project is exempt from C.E.Q.A. under the provision of the California Administrative Code, Title 14, Section 15061(b)(3). d. . The Town Council enacted an ordinance over 25 years
ago pre-zoning the subject territory with an Rl:8 (single family residential, 8,000 sq. ft. minimum lot size) zoning designation. e. That the territory is within the Town urban service
area as adopted by the Local Agency Formation Commission of Santa Clara County. f. That the County Surveyor has determined the boundaries ofthe proposed annexation to be definite and
certain, and in compliance with the Commission's road annexation policies. The County Surveyor has been reimbursed for the actual cost incurred by the County Surveyor in making this
determination. g. That the proposed annexation does not create island or areas in which it would be difficult to provide municipal services. h. That the proposed annexation does not
split lines of assessment or ownership. 1. That the proposed annexation is consistent with the Town's General Plan. J. .That the territory to be annexed is contiguous to existing Town
limits. Ie. That the Town has complied with all conditions imposed by the Commission for inclusion ofthe territory in the Town's urban service area. 3. That Santa Clara County and the
Santa Clara County Library Service Area, that will lose territory as a result of this reorganization, have consented in writing to a waiver of protest proceedings. ' 4. That said annexation
is hereby ordered without any further protest proceedings pursuant to Section 56663 (c/d) and is subject to no terms or conditions. BE IT FURTHERRESOLVED that upon completion ofthese
reorganization proceedings the territory annexed will be detached from the Santa Clara County Library Service Area. BE IT FURTHERRESOLVED that upon completion ofthese reorganization
proceedings the territory reorganized will be taxed on the regular County assessment roll, including taxes for existing bonded indebtedness. N:\B&E\COUNCIL REPORTS\Annex-Oka Rd 9-Final.wpd
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 1st of November, 2004, 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 N:\B&E\COUNCIL REPORTS\Annex-Oka Rd 9-Final.wpd
17-599-B 06-22-04 Revised 08-24-04 DESCRIPTION EXHIBIT "A" . ANNEXATION TO THE TOWN OF LOS GATOS OKA ROAD NO.9 Page 1 of2 All that certain real property situate in the Town of Los Gatos,
County of Santa Clara, State of California, described as follows: Beginning at an iron pipe standing on the northeasterly line of the Record Map of the Subdivision of part of the Walker
Tract; as said Walker Tract is shown in Book "F" of Maps, page 40, in the Office of the County Recorder of Santa Clara, California, said iron pipe being at the common comer of Lots 7
and 8, said Walker Tract, and atthe common comer of that 10.35 acre tract deeded to Elizabeth Grant, by Deed dated January 2, 1904 and recorded in Book 272 of Deeds, page 528, in the
Office of the Recorder of Santa Clara County, California, and that 10 acre tract deeded to William C. Williams, by Deed dated September 22, 1899 and recorded in Book 222 of Deeds, page
272, in the Office of the County Recorder of Santa Clara County, California, said point of beginning being in the town Limits Line of the Town of Los Gatos as established by said Town's
Annexation Lark Avenue No.1; Thence from said Point of Beginning along said northeasterly line and said Town Limits Line North 57° 32' 39" West 280.00 feet to a point on the easterly
right ofway line of Oka Road, said right ofway line being on the easterly town Limits Line of the Town of Los Gatos as established be said Town's Annexation Lark Avenue No.3; Thence
along said easterly right of way line and Town Limits Line North 32° 27' 21" East 188.90 feet; Thence continuing along said easterly right of way line and Town Limits Line along a tangent
curve to the right with a radius of 1975.00 feet through a central angle of 8° 55' 05"; an arc length of 307.41 feet to the most westerly comer and in the southerly town limits line
of Parcel No.1 of the Town ofLos Gatos as established by Town's Annexation Oka Road No.6; Thence along said southerly line South 57° 22' 47" East 200.86 feet to the most southerly comer
of said Parcell in said Annexation Oka Road No.6, said comer being in the southerly town limits line ofthe Town of Los Gatos as established by said Town's Annexation Northeast No.5;
-Exhibit A
17-599-B 06-22-04 Revised 08-24-04 Page 2 of2 Thence along said southerly town limits line the following bearings and distances: South 18° 00' 06" West 77.84 feet; South 55° 14' 37"
East 159.73 feet; North 32° 12' 53" East 81.28 feet to the most westerly comer ofParcel 2 in said Annexation Oka Road No. 6; Thence along the southerly town limits line ofthe Town of
Los Gatos as established by said Town Annexation Oka Road No.6 South 57° 22' 47" East 180.49 feet to a point on the westerly town limits line of the Town ofLos Gatos as established by
said Town's Annexation Burton Road No. 2; Thence along said westerly town limits line ofthe Town of Los Gatos South 23° 57' 26" West 498.94 feet to a point in the town limits line ofthe
Town ofLos Gatos as established by said Town's Annexation Lark Avenue No.1; os.. z.,4-04 Thence along Lark Avenue No. I Town Limit Line North 57° 32' 39" West 377.65 feet to the Point
ofBeginning; Contains 6.68 acres. Prepared by the firm of Ruth and Going, Inc. Santa Clara, California
Drawing file: Q: \Civil\17599B\dwg\ boundry.dwg A 4 -,. 4 m ---OKA LARK AVE No. .3 ......,-__---=-O.:...,:R=O--'N o. 60c.:O__ TOWN OF LOS GATOS --188.90' �
� -ga I --/ OF 1 REV. LEGEND BOUNDARY OF ANNEXATION ---EXIST TOWN LIMIT LINE ----EXIST PROP LINE (/) I .!.Ll .0"<-' "i--.tQ0/(I) .v roZooo N . NOo".....J
"10 :;:; N 0::: Ol LL. (f) «-i 0 I LOS GATOS Wo SWIM & 0::: ':. __ RAQUET --CLUB W2"1Z.5.3" -----81.28' ---l{) "o I CO I lJJ " • 00 = Of'..
424-8-59 Z " a . . r-.. 0::: .....J 0 (f) I « (I) Y:W 00::: APN EXHIBIT "B)} PROPOSED ANNEXATION TO THE TOWN OF LOS GATOS Town of NO.
/1 Exhibit B =--49-8.9=4' =-=--r--------------. ..;=-Chkd.: WHS APN 424-8-57 Drwn.: BF --------Going/Inc. Civil Engineers Santa Clara, Ca. 95050 Fax (408) 236-2410 OKA ROAD No. 9 APN
424-8-58 6.68 Ac 17599B Scale: 1" =100' APN 424-8-60 UIE. 17 SIA1E. RO OAD No.2) (BURION R 1977-172 RESOL. No. Dept.: Survey P.O.B. o 0 Zl() W . «> Z° . 0:::0 « 0::: ....J 0 RGRuthand
Land Surveyors 2216 The Alameda TeL (408) 236-2400 l-I u LOT 8 « I I- (/) W0 Y: .....J . ° l-N . « « 3:" '-' (/) W 0 I -I I l-LL. I..L. 0 0 I Z I- 3i:
« 0 CL ---l=----
PETITION FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF LOS GATOS The undersigned hereby petition the Town Council of the Town of Los Gatos for approval of a proposed annexation,
and stipulate as follows: 1. This proposal is made pursuant to Part 3, Division 3, Title 5 of the California Govemment Code (commencing with 56000, Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000). 2. The proposed annexation is designated as: (To be completed by Town Staff) Oba.KOQd No. 09 3. A metes and bounds description of the exterior
boundaries of the territory included in the proposal, marked "Exhibit 'A"', and a map ofsaid territory, marked "Exhibit 'B"', 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 o;fLos Gatos. 6. The reason(s) for the proposed annexation is/are: Ob+aiv'\ 7. It is desired that the proposed annexation
be made subject to the following terms and conditions: nOn e.-Attachment 2 N:IB&ElAnnexalionsI1-FORMSIPelilion.wpd PI=\f-1")/1n/n1
8. The person(s) signing this petition has/have signed as (check one): owner(s) of land within the affected territory. __registered voter(s) within the affected territory. 9. The undersigned
proponents ()( )do/( )do not (check one) own 100 percent ofthe 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 signature(s) as follows: nGNATURES OF PETITIONERS (please print name ASSESSOR'S below signature) MAILING ADDRESS PARCEL
NO. /)// 'p CJ. sa.-:7 4-24--6 -57; 5El, 5,Q, 60 ( . au "'7' /J p[p os. ,4-7 .' .-r-= 7/ib..1/I4S .H. tt -9-L)y
'. DATE: Phone: H-W -'3'Sc. -10\ '\ DATE: Phone: H-W -r-----DATE: Phone: H-W -=J For additional signatures, use Supplemental Petition. WHEN COMPLETE RETURN TO: TOWN OF LOS GATOS PARKS
& PUBLIC WORKS DEPARTMENT P.O. BOX 949 LOS GATOS, CALIFORNIA 95031 PHONE: (408) 399-5771 N:IB&ElAnnexalionsI1-FORMSIPelilion.wpd REV.: 12/19101