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HomeMy WebLinkAboutRES NO 028-09RESOLUTION NO. 028-69 A RESOLUTION CALLING AND GIVING NOTICE OF HOLDING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 16, 2009 FOR SUBMISSION TO THE VOTERS A PROPOSED MEASURE REGARDING ANNEXATION TO THE CITY OF BAKERSFIELD OF TERRITORY DESIGNATED AS "KIMBERLY NO. 1 SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND REBUTTALS REGARDING CITY MEASURES, AND REQUESTING THE EXECUTIVE OFFICER OF LAFCO PREPARE IMPARTIAL ANALYSES. WHEREAS, Resolution of Application No. 235-07, dated October 24, 2007 was submitted to the Local Agency Formation Commission of Kern County (LAFCO) for the annexation of territory to the City of Bakersfield, designated as City of Bakersfield Proceeding No. 1543, Annexation No. 593, also known as Kimberly No. 1; and WHEREAS, a duly noticed Protest Hearing upon said proposal was held before LAFCO August 26, 2008; and; WHEREAS, LAFCO Resolution No. 08-65 made a determination that sufficient protest were received and ordered an election; and; WHEREAS, the City Council is authorized and directed by statute to submit the proposed measure to the voters; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1. That there is called and ordered Bakersfield, on Tuesday, June 16, 2009, a Special Municipal mail ballot for the purpose of submitting the following proposed to be held in the City of Election conducted by all measure: ~AKF9 O~ 1 r U ~ ORIGINAL MEASURE "A" Shall the territory (described as Kimberly No. 1), YES which includes your property, be annexed to the City of Bakersfield? Shall the territory (described as Kimberly No. 1), NO which includes your property, be annexed to the City of Bakersfield? SECTION 2. That the description of the exterior boundaries of the territory annexed is contained in Exhibit"A" attached hereto and incorporated in this Resolution as though fully set forth herein. SECTION 3. A Special Election is hereby called and ordered to be held in the City of Bakersfield, on Tuesday, June 16, 2009, at which election the question of whether the territory designated as Annexation No. 593, also known as Kimberly No. 1, shall be annexed to the City of Bakersfield, and shall be submitted to the voters residing within said territory. The election shall be conducted solely by mailed ballot pursuant to Chapter 1, commencing with Section 4000 of Division 4 of the California State Elections Code. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election by all mail ballot. SECTION 6. Notwithstanding Elections Code Section 4103, ballots cast in this Special Election shall be returned to the office of the City Clerk, 1600 Truxtun Avenue no later than 8 o'clock p.m. on Election Day. Only ballots received in the office of the City Clerk by 8 o'clock p.m. on Election Day shall be counted. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That the votes required for confirmation of the order of annexation is a majority vote. SECTION 9. That the City Council of the City of Bakersfield hereby gives notice that written arguments in support or against regarding Measure A as specified above, and changes to the arguments up to, until, and including the date fixed by the o~gP KF,9~-c~ > m 2 o v ORIGINAL City Clerk after which, no arguments for or against the City measure may be submitted, shall be allowed in accordance with Article 4, Chapter 3, Division 9 of the California Elections Code. SECTION 10. That the City Council of the City of Bakersfield hereby authorizes Councilmember David Couch to file a written argument in support regarding City Measure A as specified above. SECTION 11. That the provisions for the filing of rebuttal arguments shall be allowed in accordance with Resolution No. 161-95, adopted October 11, 1995 by the City Council of the City of Bakersfield. SECTION 12. That the City Council of the City of Bakersfield requests the LAFCO Executive Officer prepare an impartial analysis in accordance with Government Code §57144 on the measure. The impartial analysis shall be filed by the date set by the City Clerk according to law. SECTION 13. The City Clerk is hereby authorized and directed to give all Notices and perform all advertising as required by law and perform or cause to be performed all the duties and functions in the conduct of the election as required by State law. ----------000---------- 3 o``gAKF~,~ a ~ m r- U O ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 3 , by the following vote: AYES COUNCILMEMBER CARSON, BEN I aft! WEIR COUCH HANSON, SULL AN, SCRI ER NOES: COUNCILMEMBER _J~nXN- . ABSTAIN: COUNCILMEMBER ilk ABSENT: COUNCILMEMBER 'S in1haYY\ PAMELA A. McCARTHY, MM5 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED a MAYOR of the City of ?vl t..u w cvLo VIRGINIA GENNARO CITY ATTORNEY of the City of Bakersfield Attachment: Exhibit "A" Exhibit "B" :pmc S:\Election\RESOLUTN\2009\Kimberly Annexation - Calling Election.DOC 2/27/2009 3:21:44 PM o``~ A KF~~ s m ~ r 4 ORIGINAL APPROVED as to form: EXHIBIT "A" "KIMBERLY NO. 1" ANNEXATION NO. 593 TO THE CITY OF BAKERSFIELD Being a portion of the Northwest 1/a of Section 16, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 16, and said point also being the centerline intersection of Olive Drive (County Road No. 401) and Coffee Road (County Road No. D-1126); thence South 00°01'36" West, along the said center line of Coffee Road (County Road No. D-1126), a distance of 760.00 feet to the center line of Kimberly Avenue; thence South 89°51'01" East, along the center line of said Kimberly Avenue, a distance of 55.00 feet to a point on the city corporate boundary, and the TRUE POINT OF BEGINNING; Thence (1) North 00°O1' 36" East, along the said city corporate boundary and East right of way line of Coffee Road (County Road No. D-1126), a distance of 180.00 feet, to the Northwest corner of Lot 28 of Tract Map No. 3807, filed for record on September 11, 1978 in Book 28 of Maps, at Page 60 in the Office of the Kern County Recorder; Thence (2) South 89°51'01" East, departing the city corporate boundary, along the North line of Lot 28, Lot 27 and Lot 26 of said Tract Map No. 3807, a distance of 254.00 feet, to the Northwest corner of Lot 25; Thence (3) North 88°56'22" East, along the North line of Lot 25 of said Tract Map No. 3807, a distance of 82.01 feet, to the Northwest corner of Lot 24; Thence (4) North 83°48'59" East, along the North line of Lot 24 of said Tract Map No. 3807, a distance of 82.51 feet, to the Northwest corner of Lot 23; Thence (5) North 82°17'38" East, along the North line of Lot 23 of said Tract Map No. 3807, a distance of 82.78 feet, to the Northwest corner of Lot 22; Thence (6) North 88'17'10" East, along the North line of Lot 22 of said Tract Map No. 3807, a distance of 85.36 feet, to the Northeast corner of said Lot 22 and the West right of way of Sedwick Street; Thence (7) North 00°03'03" West, along the West right of way of said Sedwick Street, a distance of 00.07 feet, to the Westerly prolongation of the North s oI q NKF Page 1 of 3 F- m U O ORIGINAL line of Lot 24 of Tract Map No. 3688, filed for record on October 6, 1975 in Book 26 of Maps, at Page 41 in the Office of the Kern County Recorder; Thence (8) South 89°51'01" East, along the Westerly prolongation of the North line of said Lot 24, a distance of 833.06 feet, to the Northeast corner of Lot 32 of said Tract Map No. 3688; Thence (9) Continuing South 89°51'01" East, along the North line of Lot 16, of Amended Tract Map No. 3687, filed for record on February 19, 1975 in Book 25 of Maps, at Page 186 in the Office of the Kern County Recorder, a distance of 238.00 feet, to the Northeast corner of Lot 17 of said Amended Tract Map No. 3687; Thence (10) South 79°21'25" East, along the North line of Lot 18 and Lot 19 of said Amended Tract Map No. 3687, a distance of 274.58 feet, to the Northeast corner of said Lot 19; Thence (11) South 00°12'20" West, along the East line of said Lot 19, a distance of 310.00 feet, to the Southeast corner of Lot 21 of said Amended Tract Map No. 3687; Thence (12) North 89°51'01" West, along the South line of said Lot 21, a distance of 360.91 feet, to the Southwest corner of Lot 23 of said Amended Tract Map No. 3687 and the East right of way of Umer Street; Thence (13) Continuing North 89°51'01" West, along the Westerly prolongation of the South line of said Lot 23, to the West right of way of Urner Street, a distance of 60.00 feet, to the Northeast corner of Lot 29 and the South line of the 20-foot wide Alley; Thence (14) Continuing North 89°51'01" West, along the South line of said Alley, of Amended Tract No. 3687, a distance of 918.57 feet, to the West right of way of Sedwick Street; Thence (15) North 00°03'03" West, along the West right of way of said Sedwick Street, a distance of 4.35 feet, to the Southeast corner of Lot 35 of Tract Map No. 3807, filed for record on September 11, 1978 in Book 28 of Maps, at Page 60 in the Office of the Kern County Recorder; Thence (16) North 88°08'01" West, along the South line of Lot 35 of said Tract Map No. 3807, a distance of 85.82 feet, to the Southeast corner of Lot 34; Thence (17) South 80°21'20" West, along the South line of Lot 34 of said Tract Map No. 3807, a distance of 83.21 feet, to the Southeast corner of Lot 33; Page 2 of 3 s m f-- r v o ORIGINAL Thence (18) South 80°09'49" West, along the South line of Lot 33 of said Tract Map No. 3807, a distance of 83.26 feet, to the Southeast corner of Lot 32; Thence (19) South 87°50'09" West, along the South line of Lot 32 of said Tract Map No. 3807, a distance of 82.07 feet, to the Southeast corner of Lot 31; Thence (20) North 89°51'01" West, along the South line of Lot 31 of said Tract Map No. 3807, a distance of 254.00 feet, to the Southwest corner of Lot 29 and a point on the city corporate boundary; Thence (21) North 00°O1' 36" East, along the said city corporate boundary and East right of way line of Coffee Road (County Road No. D-1126), a distance of 180.00 feet, to the TRUE POINT OF BEGINNING. Containing 15.72 Acres END OF DESCRIPTION Date ~Z /z0/7 ikpproVe by a0t, Page 3 of 3 y o v ORIGINAL (2 - 6- 67 ANNEXATION NO. 593 TRACT 3807 TRACT 3688 1 TRACT 3687 PARCEL I APN PARCEL I APN PARCEL I APN I PARCEL' APN PARCEL I APN ANNEXATION NO. 59,3 1 1508.122-01 11 1 505-121-18 1 150808310 11 1 50508408 3 1598072-02 I I Z 1 508122 12 1 508.121-19 2 ( 50806311 12 1 508418407 4 , 59847301 I RESOLJTION ND. 3 1505-122-03 13 1 WS-121-20 3 1 508063.12 I 13 1 506-08408 5 1 50801805 I (LA 4 1 50817!-05 1 14 1508121-21 4 150809313 14 , 506084.05 6 ( 50847806 s 1 508122-05 1 5 1 5084)6314 1s i 505454-04 7 1596479-07 ANNEXA TION OF 8 1508122-06 1 8 1 500483-15 18 1508-08403 8 150647608 7 8 1508122-07 1 508121-15 I 7 1 50808319 8 1 59646317 17 1508084-02 19 , 50806401 9 1 508470.9 10 1 508076.10 1 NORTH KIMBERL Y NO. 1 9 1508121-16 I 9 i 50606348 i 11 50647811 1 10 , 508121-17 ( 10 1 50606409 1 I I TO THE CITY OF BAKERSFIELD GRAPHIC SCALE 490 200 0 200 400 15.72 Acres ( IN FEET ) I inch = 200 1L NORTHWEST CORNER - SECTION. 16 TOWNSHIP 29 SOUTH. RANGE 27 EAST. MD.B.BM. P.O.C. = N00"01 '38'E $ I /80.00 S8r51roTE 65.0 TIE IN T.P.O.B: - (21) No0TIWE 180.00 b I, OLIVE DRIVE f (COUNTY ROAD NO. 401) 1 1 q COFFEE ROAD (COUNTY ( N~31'O1VY( QETA9. 'B" ROAD NO. D-1 128) 254.W 4.36 COURSE TABLE 1 (3) 1 NIIWW22-E I V-01' 1 1(12)1 N69'51101"W I 380.91' (4) 1 Wr4859"E 1 82.51' 1 (13)1 NWS1'01'W 1 80.00' ' 1 (5) 1 N82Mr-'lS 1 8178 1 (16) 1 N98'0801'W I 85.87 1 (8) 1 N66.1rio"E 1 95.38• 1 onI s80"21'20"W 1 8321' 1 (7) 1 K.....:..:. W 1 O.Or 1 (18) 1 S80'OC4WW 1 8328 1 (9) I S8931'01"E 1 238.0 1 (19) 1 S8r500rW I 62.OT Il I (10)1 S79"217SE I C IT y 274.58 I I I I J OB 17 .Y. 7 ~ 1'D 0131 lil I~I-I IL 1 11I Yzc. 1 z 0 a6 0z .5 aD 06 (6) SBVS1'01"E (16) N88.1r10'E 933.05' N88"OB'O/'MI 85.35' (7) 65.82 (14) K..w NW51-01-W O.OT ~ ~i 918br DETAIL "A" NOO"03W W - N 4.35' DETAIL "B" NTS EXHIBIT "B" areom cillltoum awve nx,oa EXIS71NG CORPORATE BOUNDARY III PROPOSED ANNEXATION BOUNDARY (1) LEGAL COURSE DESCRIPTION © TRACT APN NUMBER P SECTION CORNER I OLIVE oR PROPOSED ANNEXATION HAGEMAN RD. a S. Ci rc 3 w U. Z LL O U. v n ROSEDALE HWY. VICINITY MAP NORM N TS 12-G-07 SHEET 1 OF 1 ELECTION CALENDAR SPECIAL MUNICIPAL ELECTION CITY COUNCIL MEASURE "Kimberly No. 1 Annexation" DATES ELECTION CODE PROVISIONS March 11, 2009 1. City Council Meeting adopting Resolution calling election by all Mail Ballot. (Text of Measure and synopsis must be completed by this date) (E.C. §4000, G.C. §57126(b) March 13, 2009 2. Post Notice of Deadline for Filing Arguments (E.C. §9286, G.C. §57146) 3. Publication of Notice of Election. SynoDSis of Measure. and Notice of Deadline for submittina Arauments. For or Aaainst the Measure. Publish one time. (G.C. §6061, E.C. § 12111, 12112) February 16, 2009 Not earlier than 120th day prior to election March 18, 2009 Not later than 90th day prior to election March 16, 2009 LAFCO Executive Director to prepare an impartial Analysis of Measure, not to exceed 500 words in length and submit to the Commission within 5 days of Resolution Calling Election. (G.C. §57144) March 25, 2009 5. Last day to File Arguments For or Against Measure. (Not to exceed 300 words) (E.C. §9282, 9286) (14 days from calling election. April 3, 2009 6. Last day to File Rebuttal Arguments For or Against Measure. (Not more than 10 days following Argument deadline, and not to exceed 250 words) (E.C. §9167,9285) 7. LAFCO Board shall approve Impartial Analysis and submit to April 3, 2009 election official no later than last day for submission of rebuttal arguments. (G.C. §57144) 8. Mail supplemental voter pamphlet and ballots to voters. (E.C. §4101, 13300, 13303, G.C. §57146) May 18, 2009 Not earlier than 29th day prior to election June 5, 2009 Not later than 10th day prior to election June 1, 2009 19. Last day to register to vote (E.C. §2107 (b)) June 16, 2009 10. ELECTION DAY S:\Election\CALENDAR\2009\Mail Ballot - KimberelyAnnexation June 16.doc 2/27/2009 2:31:31 PM o~~'AKF9 s ~ m H r ORIGINAL