HomeMy WebLinkAboutRES NO 022-03RESOLUTION NO. 0 22" 0 3
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 440 LOCATED ALONG THE
WEST SIDE OF GOSFORD ROAD, SOUTH OF PANAMA LANE TO
McCUTCHEN ROAD. (WARD 5).
WHEREAS, 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, JULY 14,
1997, and THURSDAY, JULY 17, 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 Californiaq, a local newspaper of general circulation; and
WHEREAS, by Resolution No. 53-97 on July 17, 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 proposed annexation territory is within the Greater Bakersfield Separation of
Grade District; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, the property 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:
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 west of Gosford Road, south of Panama Lane to McCutchen Road.
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.
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.
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.
8.
9.
10.
11.
12.
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.
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.
That the territory proposed for annexation as described herein has been determined
to be uninhabited pursuant to Section 56046 of the Government Code.
That the territory proposed for annexation as described herein has been determined
to have 100% of property owners consenting to annexation.
That the territory proposed for annexation as described herein is within the City of
Bakersfield Sphere of Influence Boundary.
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.
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
15Ol Truxtun Avenue
Bakersfield, CA 93301
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.
2
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
Council of th,e City of Bakersfield at a regular meeting thereof held on FEB 1 2 Z803
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
PAMELA A. McCARTHY, CM¢/
CITY CLERK and Ex Officio C~rk of the
Council of the City of Bakersfield
APPROVED FEB 12 2003
HARVEY L. HALL ,,'
Mayor of the City of Bakersf,(eld
APPROVED as to form
BART J. THILTGEN
City Attorney ~
By:
MO:alit
January 23, 2003
S:~Annexation\Res of Applic~ann440.roa.doc
EXHIBIT "A"
"PANAMA NO 14"
ANNEXATION NO. 440
That parcel of land being portions of the southwest ¼ of Section 28 and the east ½ of
Section 29, T. 30 S., R. 27 E., MD.M., County of Kern, State of California, more
particularly described as follows:
Commencing at the southwest corner of said Section 28, also being the point of
intersection of the center lines of Gosford Road (Co. Rd. No. 40) and McCutchen Road
(Co. Rd. No. 35 & 1222), said point being a monumented section corner calculated to
be 2,290,595.796 feet North and 6,235,706.719 feet East per California Coordinate
System (N.A.D. 83), Zone 5;
Thence N 00° 35' 45" E, along the west line of said Section 28, a distance of 2634.94
feet to the west ~¼ corner of said Section, also being a point on the existing corporate
boundary of the City of Bakersfield;
Thence S 88° 59' 27" E, along the mid-section line of said Section 28 (and said
corporate boundary), 30.00 feet to intersect the east right of way line of Gosford Road
(Co. Rd. No. 40), also being the TRUE POINT OF BEGINNING;
Thence (1) S 00° 35' 45" W, along said east right of way line, 2605.05 feet to intersect
the north line of the south 30.00 feet of said Section 28, also being the north right of way
line of McCutchen Road (Co. Rd. No. 1222);
Thence (2) N 89° 01' 13" W, along said north line, 30.00 feet to intersect the east line of
said Section 29;
Thence (3) N 89° 17' 50" W, along the north line of the south 30.00 feet of said Section
29, also being the north right of way line of McCutchen Road (Co. Rd. No. 35), 2610.28
feet to intersect the east line of the west 30.00 feet of Lot 30 of "Sales Map of Lands of
Kern County Land Company" in said Section 29, filed for record June 16, 1897, in the
Office of the Kern County Recorder, said east line also being the east right of way line
of Progress Road (Co. Rd. No. 195);
Thence (4) N 00° 35' 24" E, along said right of way line, 4590.43 feet to intersect the
south line of Lot 3 of said Sales Map;
Thence (5) S 89° 16' 58" E, along the south line of said Lot 3, a distance of 1289.29 feet
to the southeast corner thereof;
Thence (6) N 00° 34' 45" E, along the east line of said Lot 3, a distance of 621.31 feet to
intersect the south line of the north 30.00 feet of said Section 29, said south line also
G/GROUPDAT/Ron/2003/EXIJIBITA Am/ex440do¢ Page 1 of 2
being the south right of way line of Panama Lane (Co. Rd. No. 4 & 126) and a point on
the existing corporate boundary of the City of Bakersfield;
Thence along said existing corporate boundary line for courses (7) through (9) as
follows:
Thence (7) S 89° 14' 30" E, along said right of way line, 1291.66 feet to intersect the
west right of way line of Gosford Road (Co. Rd. No. 40);
Thence (8) S 00° 35' 45" W, along said right of way line 2604.93 feet to intersect the
westerly prolongation of the east/west mid-section line of said Section 28;
Thence (9) S 88° 59' 27" E, along said mid-section line (and prolongation thereof) 60.0
feet to the TRUE POINT OF BEGINNING.
Containing 293.92 acres (more or less
G/GROUPDAT',Ron/2003/EXHIBITA Annex 440 doc Page 2 of 2
Ill. 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 have
minimal affect on the near term level or capability of the City to provide needed services. The territory is now undeveloped
and additional police officers should not be required to maintain the current level of city service. Am~exation of the county
road (Gosford Rd.) within the territory will have very minimal affect on the future maintenance responsibility of the City
and should not affect the existing level of service.
IV. 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? No, ff any additional development occurs, the developer
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.
V. Indicate and explain existing zoning in affected territory. The subject territory is presently zoned County A (Exclusive
Agriculture) Zone.
VI. indicate and explain proposed prezoning in area. (List effects 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 the corresponding City A
(Agriculture) Zone.
VII. 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 Pohce should be able to respond in a more timely maimer
than present County Sheriff services. The present City refuse collection rate is substantially lower than fees county residents
now pay to independent companies. No special assessments or charges for street sweeping, leaf collection, street lighting
energy costs and fire hydrants when located within the City's right of way. City gover~nnent also provides increased
pohtical representation for the residents within the corporate limits.
VIII
A. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The ex£sting tax rate in the major portion of the area equals 1.053002% of assessed market
value. This represents the total property tax rate. When annexed a designated percentage of the total property tax of the
area will accrue to the City and remainder to the County for providing health care and social services. (Rate as shown is for
County Auditor-Controller 2002 Lien Date).
B. Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No, the last listed (1992-93)
City bonded indebtedness has been paid off and the current tax rate list shows no city bonded indebtedness.
C. How will the difference in tax rates affect a property with a market value of $50,000.007
The property rate will not increase due to am~exation and re-assessment will not occur due to annexation