HomeMy WebLinkAboutRES NO 049-02RESOLUTION NO. 0 ~: 9 *",0 2
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 434 LOCATED ALONG
THE WEST SIDE OF ALLEN ROAD, APPROXIMATELY 1,000
FEET SOUTH OF ROSEDALE HIGHWAY. (WARD 4)
HEREAS, the Planning Commission of the City of Bakersfield, in accordance
with the provisions of Section 65353 of the Government Code, held a public hearing on
MONDAY, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18, 1997, on the prezoning
for the territory, notice of the time and place of hearing having been given at least twenty (20)
calendar days before said hearing by publication in the Bakersfield Californian. a local
newspaper of general circulation; and
WHEREAS, by Resolution No. 110-97 on December 18, 1997, the Planning
Commission recommended approval and adoption of the prezoning by this Council and this
Council has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the City of Bakersfield desires to propose a change of organization,
to wit, the annexation to the City of Bakersfield of the hereinafter-described territory, pursuant to
Section 56654 of the Government Code of the State of California; and
WHEREAS, the proposed annexation territory is within and consistent with the
City of Bakersfield Sphere of Influence boundary; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, the properly owner of the territory has consented to annexation; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
that it hereby finds and determines as follows:
1. That the City of Bakersfield hereby proposes the annexation to the City of
Bakersfield of the territory in Exhibit "A" and shown on map marked Exhibit "B" attached hereto
and made a part of this resolution as though fully set forth herein, located along the west side of
Allen Road, approximately 1,000 feet south of Rosedale Highway.
2. That a plan for providing services within the affected territory of the proposed
annexation, in accordance with the provisions of Section 56653 of the Government Code, is
marked as Exhibit "C", attached hereto and made a part hereof as though fully set forth herein.
3. That this proposal for change of organization, to wit, annexation, is made
pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, and it
is requested that proceedings be authorized for annexation in accordance therewith.
4. That the reasons for the proposed change of organization are that the owners
of the affected territory desire to receive municipal services from the City of Bakersfield, and the
City desires to receive tax revenues for benefits given and to be given to the territory proposed
to be annexed.
5. That for this proposed annexation territory and the prezoning therefore,
Ordinance No. 3819, which was adopted January 28, 1998, an Initial Study was conducted and
it was determined that the proposed project would not have a significant effect on the
environment. A Negative Declaration was prepared and posted on November 7, 1997.
6. That the laws and regulations relating to the preparation and adoption of the
environmental document as set forth in the California Environmental Quality Act have been duly
followed.
7. That the territory proposed for annexation as described herein has been
determined to be uninhabited pursuant to Section 56046 of the Government Code.
8. That the territory proposed for annexation as described herein has been
determined to have 100% of property owners consenting to annexation.
9. That the territory proposed for annexation as described herein is within the
City of Bakersfield Sphere of Influence Boundary.
10. That the Local Agency Formation Commission waive the protest hearing
proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000.
11. That the names of the officers of the City of Bakersfield who are to be
furnished with copies of the Executive Officer's Report and who are to be given mailed Notice of
Hearing, if any, are:
Pamela A. McCarthy
City Clerk
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Bart Thiltgen
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
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12. That the appropriate City officials shall file ten (10) copies of this Resolution,
with Exhibits, with the Executive Officer of the Local Agency Formation Commission of Kern
County at 2700 "M" Street, Suite 302, Bakersfield, California 93301.
......... o0o ........
I 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
AP P, 10 ZOOZ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~ ~
COUNCtLMEMBER
COUNCILMEMBER
CITY CLERK and Ex ~icio Clerk of the
Council of the City of Bakersfield
APPROVED APR 10 2002
MAYOR of the City of Bakersfie!ff
APPROVED AS TO FORM:
BART J. THICKEN
City Atto r n/e~/
By: -._ d -./ !
MO:djl
March 14, 2002
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EXHIBIT "A"
"ALLEN ROAD NO. 6"
ANNEXATION NO. 434
That parcel of land being a portion of the northeast 1/4 of Section 26, T. 29 S., R. 26 E., M.D.M., County of Kern,
State of California, more particularly described as follows:
Commencing at the northeast comer of said Section 26, being a monumented comer designated by calculation to
be 2,327.841.952 feet North and 6,220,204.303 feet East per California Coordinate System (N.A.D. 83), Zone 5;
Thence S 00° 17' 30" E, along the east line of said Section 26 (and center line of Allen Road), a distance of 754.19
feet to meet the northeast comer of Parcel "A" of Lot Line Adjustment No. 93-94 as established by Certificate of
Compliance filed for record October 25, 1995 as Document No. 0195131010 in the office of the Kern County
Recorder;
Thence S 89° 42' 30" W, along the north line of said Parcel "A", 520.00 feet to the northwest comer of said Parcel
"A", said point also being on the existing corporate boundary line of the City of Bakersfield and is the TRUE
PO1NT OF BEGiNNiNG;
Thence (1) departing from said corporate boundary line, N 89° 42' 30" E, along the north line of said Parcel "A",
465.00 feet to intersect the west line of the east 55.00 feet of the northeast 1/4 of said Section 26, also being the
west right of way line of Allen Road;
Thence (2) S 00° 17' 30" E, along said west right of way line, 750.86 feet to meet the point of beginning of a
20.00 foot radius curve (concave northwesterly) on the north boundary line of Tract No. 5279 - Unit "A" filed for
record in Book 38 of Maps, Page 127 in the Office of the Kern County Recorder;
Thence Westerly along said north boundary line for courses (3) through (8) as follows:
Thence (3) southwesterly along said 20.00 foot radius curve (tangent to course 2) through a central angle of 89°
59' 47" an arc distance of 31.41 feet;
Thence (4) S 89° 42' 17" W, 120.18 feet to the beginning of a 20.00 foot radius curve, concave northeasterly;
Thence (5) northwesterly along said curve through a central angle of 90° 00' 00" an arc distance of 31.42 feet;
Thence (6) S 89° 42' 17" W, 60.00 feet;
Thence (7) S 00° 17' 43" E, 9.44 feet;
Thence (8) S 89° 42' 17" W, 244.81 feet to the southwest comer of said Parcel "A", also being a point on the
existing corporate boundary line of the City of Bakersfield;
Thence (9) N 00° 17' 30" W, along the west line of said Parcel "A" (and corporate boundary line), 760.33 feet to
the TRUE POiNT OF BEGINNING.
Containing 8.14 acres (more or less)
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EXHIBIT "C"
III.
VI.
VII.
What effects, if any would annexation of this territory have on the existing level of
city/district services (i.e., need for additional emergency service personnel or construction
of new facilities, etc)? The annexation of this territory will not affect the near term level
or capability to provide needed services. Additional police officers may be reauired at the
time of future development in the territory to maintain the current level of city service.
Any street improvements resulting from development will not affect the existine level of
service. Any Future planned public streets and municipal facilities within the territory
will increase the furore maintenance responsibility of the city but will not affect the
existing level of service.
Would city/district require any upgrading or change in facilities to serve affected territory
(roads, fire hydrants, mains, etc.): If so, would city/district or residents be responsible for
financing? Private development provides and pays for major facilities and dedicates them
to the City. No upgrading or change in facilities will be required in the territory for
annexation.
Indicate and explain proposed pre-zoning in affected territory. The subject territory is
presently zoned County R-2 (Medium Density ResidentiaBZone.
Indicate and explain proposed pre-zoning in area. (List effect on present land use that
would occur as a result of annexation such as maintenance of livestock on property, etc.):
The City has prezoned the territory to compatible City R-2 (Limited Multiple Family
Dwelling] Zone.
List city/district services that area will directly or indirectly benefit from such as decrease
in fire insurance rate, shorter emergency response time, use of community facilities, etc.:
City Police should be able to respond in a more timely manner than present County
Sheriff and State Highway Patrol services. The present City refuse collection rate is
substantially lower than fees county residents now pay to independent companies. No
special assessment or charges for street sweeping, leaf collection, street li~htim, enerev
costs and fire hydrants when located within the City's right of way. City Government
also provides increased political representation for residents within the comorate limits.
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ORIGIN'~
VIII.
Please provide the following information relative to city/district and county
taxes: List existing tax rate(s) in area. The existine tax rate in the area eauals
1.095760~9 of assessed market value). This represents the total nronertv tax rate.
When annexed, a designated percentage of the total property tax for the area will
accrue to the City and the remainder to the County for providing health care and
social services. (Rates shown are from 2000-01 County Auditor-Controller Tax
Rate List).
Would affected area be subject to any bonded indebtedness of the city/district: If
so, explain: No, the last listed(1992-03), City bonded indebtedness has been naid
off and the current 2000-01 tax rate list shows no City bonded indebtedness.
How will the difference in tax rates affect a property with a market value of
$50,000? The property rate will not increase due to annexation and re-assessment
will not occur due to annexation.
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