HomeMy WebLinkAboutRES NO 029-03RESOLUTION NO. 0 29' 0 3
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 443 LOCATED AT (1)
ALONG THE WEST SIDE OF JEWETTA AVENUE,
APPROXIMATELY 200 FEET SOUTH OF BIRCHHAVEN AVENUE
AND (2) AT THE SOUTHWEST CORNER OF BERNARD STREET
AND BEALE AVENUE. (WARDS 4 & 2).
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 Californian, 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 fodh 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 at (1) west of Jewetta Avenue, 200 feet south of Birchhaven Avenue and (2)
at the southwest corner of Bernard Street and Beale Avenue.
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.
8.
9.
10.
11.
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.
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
1501 Truxtun Avenue
Bakersfield, CA 93301
2
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.
......... 000 .........
I HEREBY CERTIFY that the foregoing ResoLution was passe~%d~l~lJ~d, by the
Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER
PAMELA A. McCARTHY, ,C~.C
CITY CLERK and Ex OfficiO-Clerk of the
Council of the City of Bakersfield
APPROVED FEB 2G 2003
-I-I~ARV~Y L. HALLe'S/
Mayor of t~e City of ~akersfield
APPROVED as to form
BART J. THILTGEN
City Attorney
MO:djl
February 10, 2003.
S:~Annexation\Res of Applic\ann443.roa.doc
3
EXHIBIT "A"
JEWETTANO. 3 JEFFERSON PARK
ANNEXATION NO. 443
Those two (2) "single areas" being a portion of the southeast ~A of Section 25, T. 29 S., R.
26 E., MD.M, Area No. I (Jewetta No. 3) and a portion of the southwest ~/~ of Section
21, T. 29 S., R. 28 E., M.D.M., Area No. 2 (Jefferson Park), both in the County of Kern,
State of California, comprising 4.83 total acres (more or less), more particularly
described as follows:
Area No. I (Jewetta No. 3)
Commencing at the southeast comer (monumented) of said Section 25, also being the
point of intersection of the center lines of Brimhall Road and Jewetta Avenue;
Thence N 00° 48' 21" E, along the east line of said Section 25, a distance of 989.91 feet
to meet the southeast corner of Parcel I of Parcel Map No. 4244 filed for record in Book
19 of Parcel Maps, Page 130 in the Office of the Kern County Recorder;
Thence N 89 I 1' 30" W, along the south line of said Parcel 4, a distance of 30.0 feet to
meet the wesl right of way line of Jewetta Avenue (Co. Rd. No. 589), said point being on
the existing corporate boundary of thc City of Bakersfield and is the TRUE POINT OF
BEGINNING:
Thence ( 1 ) departing from said corporate boundary line, N 89° I 1' 30" W, along the
south line of said Parcel 1, a distance of 629.83 feet to the southwest comer thereof, said
point also being on said existing corporate boundary line
Thence northerly, easterly and southerly along said corporate boundary line for courses
(2) through {4) as follows:
Thence (2) N 00° 48' 35" E, along the wesl line of said Parcel 1, a distance of 330.23
feet;
Thence (3) S 89° 10' 05" E, along the north line of said Parcel 1, a distance of 629.81 feet
to intersect the wes! right of way line of said Jewetta Avenue;
Then6e (4) S 00° 48' 21" W, along said right of way line, 329197 feet to the TRUE
POINT OF BEGINNING.
Containing 4~77 acres (more or less)
-I-
Area 2 (Jefferson Park)
Commencing at the west V4 comer (monumented) of said Section 21, also being a point
on the center line of Bernard Street (Co. Rd. No. 219);
Thence S 00° 03' 55" E, along the west linc of said Section 21, a distance of 64.37 feet to
intersect an angle point on the west right of way line of Beale Avenue (Co. Rd. No. 552
& 1785), said point being on the existing corporate boundary of the City of Bakersfield
and is the TRUE POINT OF BEGINNING;
Thence southerly along said west right of way line for courses (I) through (3) as follows:
Thence ( 1 ) departing from said corporate boundary, S 23° 17' 35" E, 41.18 feet;
Thence (2) S 00° 08' 13" W, 106:19 feet;
Thence (3) S 16° 18' 10" W, 56.30 feet to a point on said existing corporate boundary
line;
Thence (4) N 00" 03' 55" W, along said corporate boundary line, 198.05 feet to the
TRUE POINT OF BEGINNING
(:ontaining 0.06 acres (more or less)
2441 square feet
(i GRf)UPDA'FRon2003EXHIBII A Annex 441doc
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111.
VII.
VIII
A.
What effects, if any, would annexation of this territory haxe on the existing level of city/district services
(i.e., need for additional emergency service personnel or construction of new facilities, etc)? Thee
annexation of this minimal size territory' will not affect the near term level or capabilit~r of the Cit~ to
provide needed services. Additional police officers should not be required to maintain the current level of
city service. An,y planned municipal facilities within the territory will not increase the future maintenant~
responsibility of the City and 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
d~velopment proxides and pat's for maior facilities and dedicates them to the City. No uourading or
change in facilities will be required in the territor~ for annexation.
lndicate and explain existing zoning in affected territory.. The subiect territory is presently zoned County. E
(5) RS (Estate - 5 acre min. - Residential Suburban) Zone.
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 Cit~ prezoned the territory to
the corresponding C tv RS-SA (Residential Suburban) Zone..
List city'/district services that area will directl) nr indirect y benefit from such as decrease in fire insurance
rate, shorter emergency response time, use of communit.~ facilities, etc. Cit~' Police should be able to
respond in a more timely manner than present County Sheriff and State High~ra~~ Patrol services. The
present Cit~' refuse collection rate is substantially' lower than fees Countx residents now pay to independent
companies. Cit~~ government also provides increased political representation for residents within the
corporate limits.
Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. Theexistin~eeneraltax rates in the area equal 1.1211157% ofassessed
market value This represents the eeneral property tax rate. When annexed~ a desienated i~ercenta~e of
the total property tax of the area will accrue to the Cit~' and remainder to the County for providing health
care and social services. (Rates shown are for the County Auditor-Controller 2002 lien date).
Would affected area be subject to any bonded indebtedness ofthe cit3/district: If so, explain. No~thelast
listed (1992-93) Citx bonded indebtedness has been paid off and the current tax rate list sho~rs no C t~
bonded indebtedness.
Ho~' will the difference in tax rates affect a property with a market xalue of SS0,li00.0(i? The general
propert~~ rate will not increase due to annexation and re-assessment ~rill not occur due to annexation.
AREA NO. 1 (JEWETTA NO. 3)
111.
What effects, if any, would annexation of this territory have on the existing level of cit)r/district services
(i.e., need for additional emergenc) service personnel or construction of new facilities, etc)? Th._~e
annexation of this territory will have no effect on the near term level or capabilits of the City to proside
needed services. The territory consists ora small portion of Jefferson Park alreadv City maintained.
VII.
VIII
A.
Would city/district require any upgrading or change in facilities to serve affected territory (roads, fire
hydrants, mains, etc.): If so, would city/district o~r residents be responsible for financing? No. no Ul}uradin~
or change in facilities will be required in the territory for annexation.
Indicate and exp a n exist ng zoning in affected territorv. The territory presently zoned CounD' OS (Open
Space} Zone.
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 corresponding City OS (Open Space} Zone. The prezoning is consistent with the Metropolitan
Bakersfield 2010 General Plan designation.
List city/district seth ices that area will directly or indirect ) benefit from such as decrease in fire insurance
rate, shorter emergency response time, use of community facilities, etc. N/A - territory is small portion of
Cit~r's existing Jefferson park.
Please provide the folIo~ring information relative to city/district and count)' taxes:
List existing tax rate(s) in area. N/A - the subiect area is City owned park property ha~ing tax exempt
status.
Would affected area be subject to an)' bnnded indebtedness of the city/district: If so, explain. N/A -
territor~ has tax-exempt status.
H(m will the difference in tax rates affect a property with a market xalue uf $$0,000.007
N/A - territory is tax exempt.
AREA NO. 2
(JEFFERSON PARK)
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