HomeMy WebLinkAboutStaff Report 3.A 1/27/2014 Aeda,Itevw#3 .A
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DATE: January 27, 2014
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Scott M. Duiven, Senior Planner /r
SUBJECT: Resolution Confirming the Detachment of Certain Property No Longer Owned by
the City of Petaluma as Described Herein
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution confirming the detachment
of certain property no longer owned by the City of Petaluma.
BACKGROUND
In 1959several parcels were conveyed to the City of Petaluma by the California Water Services
Company. On May 24, 1960, in response to a petition from the City of Petaluma, the Sonoma
County Board of Supervisors approved, via Resolution No. 19901, annexation of unincorporated,
contiguous and non-contiguous, real property owned by the City of Petaluma to the City of
Petaluma. Since that time the City has sold these properties. Government Code Section 56742
requires that when a City sells such territory or any part thereof, all such territory which is no
longer owned by the City shall cease'to be part of the City. In addition, when a territory ceases to
be part of a city pursuant to Section 56742, the legislative, body of the city shall adopt a
resolution confirming the detachment. The process of detaching these parcels was never
completed.
There are five(5) properties requiring detachment as follows:
137-100-014r Mari,Deniz Tr Et Al
017-090-004 Mervyn A:and Carol D Sartori Trust
017-090-006 Mervyn'A'and Carol D Sartori Trust
017-090-007 Mervyn A and Carol D Sartori Trust
017-090-008 Mervyn,A and Carol D Sartori Trust
Agenda Revie�
City Attorney`'L Finance Director City Manager
DISCUSSION
LAFCO and the. City of 'Petaluma. received 'a request from the Deniz family regarding
detachment of parcel 137-1'00-014. The issue/need for,detachment came up as a result of estate
planning by the Deniz family. There are costs associated with this process including obtaining
legal descriptions of the properties as well as,a payment to the State Board of Equalization to
change the Tax Rate Area from the City to the County: Because the Deniz family was able to
provide a,legal description of their property and have agreed to pay the fee to the State Board of
Equalization, and are in need of processing the detachment City staff is bringing this property
forward now for detachment. Following adoption of the attached resolution, LAFCO will then
prepare a.Certificate of Completion and have it recorded and prepare a Statement of Boundary
Change to send to the State Board of Equalization so that the Tax Rate Area can be changed.
The remaining Sartori parcels;located'off of Manor Lane, will still need to be formally detached
at-a future date. Staff will reach out to this property owner after we have a better understanding
of the process and associated costs involved with detachment.
FINANCIAL IMPACTS
There are no financial impacts beyond the staff time required to research and prepare this report.
ATTACHMENTS
1. Resolution
2. Location Map
ATTACHMENT 1
RESOLUTION CONFIRMING'THE.DETACHMENT OF CERTAIN PROPERTY NO
LONGER OWNED BY THE CITY OF PETALUMA AS DESCRIBED HEREIN
WHEREAS, the City of Petaluma owned the property located in the County of Sonoma and
identified as follows:
LEGAL DESCRIPTION OF ..APN 137-100-014: BEGINNING IN THE MIDDLE OF THE
STREAM KNOW AS THE KETERCHERSIDE OR ALDER CREEK, AND ON THE LINE
WHICH DIVIDES THE LANDS OF JOHN LYNCH AND THOSE NOW OR FORMERLY OF
CHARLES MOCK; THENCE RUNNING WESTERLY, 12&YARDS TO A POINT; THENCE
AT RIGHT ANGLES IN A SOUTHERLY DIRECTION 100 YARDS; THENCE AT RIGHT
ANGLES EASTERLY, AND PARALLEL WITH THE FIRST LINE, 42 YARDS TO THE
CENTER OF THE SAID CREEK; THENCE UP THE SAID CREEK FOLLOWING THE
MEANDERINGS THEREOF, TO THE POINT OF BEGINNING.
BEING THE SAME PREMISES WHICH WERE DEEDED:BY CHARLES MOCK TO THE
SONOMA COUNTY WATER 'COMPANY, A CORPORATION, BY DEED DATED THE
12TH DAY OF JUNE, 1868, AND RECORDED IN VOLUME 24 OF DEEDS, AT PAGE 54,
OF SONOMA COUNTY RECORDS.
BEING A PART OF LOT 278. PETALUMA RANCHO.
Containing 2.0 acres; and
WHEREAS, said property is,shown in the Sonoma County Assessor's Parcel Map Book 137
page 10 (Exhibit A); and
WHEREAS, said property was annexed to the City of Petaluma effective May 24, 1960 by the
Sonoma County Board of Supervisors Resolution No. 19901; and
WHEREAS, said. property is not within or contiguous to the corporate limits of the City of
Petaluma; and
WHEREAS, the City of Petaluma authorized the sale of said property for private use; and
WHEREAS, Government Code Section 56742 further mandates that when the City sells such
territory or any partthereof, all such territory which is no longer,owned by the City shall cease to
be part of the City; and
WHEREAS; Government Code Section 56742 further mandates that the legislative body of the
City shall adopt a resolution confirming detachment of such territory from the City of Petaluma;
and
WHEREAS, City Council action to adopt a resolution'confirming detachment of said property
from the City of Petaluma is a mandatory requirement ofsection 56742 of the Government Code,
and as a result, such action is exernpt from the requirements of the California Environmental
Quality Act ("CEQA") because such action is not discretionary pursuant to section 21080,
subdivision (a) of the Public.Resources Code, and/or becausesuch action is ministerial pursuant
to section 15268, subdiviion (a) of the CEQA Guidelines (14 California Code of Regulations
15258);
NOW, THEREFORE,BE IT RESOLVED, that the said property described herein and
depicted on the diagram attached to and made a part of this resolution as Exhibit A is no longer
owned by the City and is hereby detached from the City of Petaluma in accordance with the
requirements of California Government Code section 56742 and other applicable law.
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