HomeMy WebLinkAboutRES NO 049-03RESOLUTION NO. 0 Z[ 9" 0 3
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR REORGANIZATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 447 LOCATED ALONG
THE NORTH SIDE OF SNOW ROAD, EAST AND WEST OF
CALLOWAY DRIVE. (WARD 4).
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 Catifornian, 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 proposed annexation territory located along the north side of Snow Road,
east and west of Calloway Drive, is within the Sphere of Influence boundary but not within the
boundary of the North of River Sanitary District; and
WHEREAS, the North of River Sanitary District wishes and the City of Bakersfield agrees to
annexation the territory located along the north side of Snow Road, east and west of Calloway Drive,
into the district and City; and
WHEREAS, the North of River Sanitary District agrees to serve the territory located along the
north of Snow Road, east and west of Calloway Drive, upon development; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, the property owners of the territory have 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 north of Snow Road, east and west of Calloway Drive.
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.
8.
9.
10.
11.
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.
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
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 passed and adopted by the Council
of the City of Bakers~i_eJd at a regular meeting thereof held on
~AR 2 6 ~0tU , by the following vote:
AYES:
NOES:
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER ~ ~,'-J~t~
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, ~A;,;$OIq, SULLIVAN, SALVAGGIO
COUNCILMEMBER I~
APPROVED
MAR 26 2003
CITY CLERK and Ex Officio Cl~k of the
Council of the City of Bakersfield
HARVEY L. HALL /
MAYOR of the City of Bakersfield~
APPROVED AS. TO FORM:
BART J. THILTGEN
City Attorney
By' ~ ,/~
MO:djl
February 19, 2003
$:~Annexation\Res of Applic~ann447.roa.doc
3
EXHIBIT "A"
CALLOWAY NO. 7
ANNEXATION NO. 447
That parcel of land being portions of Section 5, 6, 7 and 8, Township 29 south, Range
27 east, M.D.M., County of Kern, State of California, more particularly described as
follows:
Commencing at the southeast corner (monumented) of said Section 6, also being the
point of intersection of Calloway Drive (Co. Rd. No. 30 & 99) and Snow Road (Co. Rd.
No. 30, 67 & 584);
Thence N 89° 51' 42" W, along the south line of said Section 6 (center line of said Snow
Rd.), 667.82 feet to the southwest corner of Parcel 4 of Parcel Map No. 9585 filed for
record in Book 46 of Parcel Maps, Page 152 in the Office of the Kern County Recorder;
Thence S 00° 54' 06" W, along the southerly prolongation of the west line of said Parcel
4, a distance of 24.00 feet to a point on the south right of way line of said Snow Road,
said point being on the existing corporate boundary of the City of Bakersfield and is the
TRUE POINT OF BEGINNING;
Thence (1) N 00° 54' 06" E, along last described prolongation line and west boundary
line of said Parcel Map No. 9585, a distance of 1344.23 feet to the northwest corner of
Parcel 1 of said Parcel Map;
Thence (2) S 89° 51' 26" E along the north line of said Parcel 1, a distance of 637.18
feet to a point on the west line of the east 30 feet of said Section 6, said point also being
on the west right of way line of said Calloway Drive;
Thence (3) S 89° 21' 13" E, 60.00 feet to the point of intersection of the east right of way
line of said Calloway Drive and the north line of Lot 25 of "Sales Map of Lands of Kern
County Land Company" per map filed May 2, 1894, in the Office of the Kern County
Recorder;
Thence (4) S 88° 54' 26" E, along the north line of Lots 25, 26 and 27 of said "Sales
Map", 1955.80 feet to the northeast corner of said Lot 27;
Thence (5) S 00° 48' 32" W, along the east line of said Lot 27, a distance of 1320.33
feet to a point on the south line of said Section 5, said point being 6.16 feet west of the
point of intersection of the center lines of said Snow Road and Forest Park Street;
Thence (6) S 00° 33' 25" W, parallel with the center line of said Forest Park Street,
55.00 feet to a point on the south line of the north 55 feet of said Section 8, also being
the south right of way line of said Snow Road;
-1-
Thence (7) N 88° 54' 07" W, along said right of way line, 1327.23 feet to intersect the
west boundary of Tract No. 5611 -Unit 5, per map filed for record in Book 44 of Maps,
Page 26, in the Office of the Kern County Recorder;
Thence (8) continuing N 88° 54' 07" W, along the south line of the north 55 feet of said
Section 8, a distance of 630.03 feet to a point on the east line of the west 30 feet of said
Section 8, also being a point on the existing corporate boundary of the City of
Bakersfield;
Thence (9) N 00° 31' 03" E, along said east line and said corporate boundary line, 31.00
feet to meet the south line of the north 24 feet of said Section 8;
Thence (10) N 88° 54' 07" W, along said south line and said corporate boundary line,
30.00 feet to a point on the east line of said Section 7;
Thence (11 ) N 89° 51' 42" W, along the south line of the north 24 feet of said Section 7
and said corporate boundary line, 667.98 feet to the TRUE POINT OF BEGINNING.
Containing 83.29 acres (more or less)
G:'~GROUPDAT~Ron\2003\EXHIBiT A Annex 447.d0c
-2-
SECTION 6
T. 29S., R. 27E., MDM
SECTION 7
T. 29S., R. 27E, MDM
,.o,,¢
SECTION 8
~295., R. 27E., MDM
CITY OF BAKERSFIELD AND
NORTH OF THE RIVER
SANITARY D/STRICT No. 1
REORGANIZA 770N AREA
ANNEXATION NO. 447
RESOLUTION NO.
ANNEXA T/ON OF
E~ALLOWAY No. 7
TO THE CITY OF 8AKERSFIELD
8.3.29 ACRES
EXHIBIT 'B' .c~'rr~,, ~
ANNEXATION NO. 447
CALLOWA'I NO. 7)
PLAN FOR PROVIDING SERVICES
SERVICES Agency Which Presently Provides Check Services Which City/District [ Indicate How ~ervices Provided By
' ~ City/District v, ill be Financed (i.e.,
· Service Will Provide
[ general tax rate or special
Upon
Future
Date
assessment.)
Annexation (specify)
Planning COUNTY CITY GENERAL TAX REVENUES
Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES
RECREATION & PARK DIST.
Library COUNTY . N/A
Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES
Fire Protection COUNTY COUNTY (SEE PAGE 2) GENEIG~.L TAX REVENUES, FIRE
' FUND
Street COUNTY CITY GENERAL AND GAS TAX
REVENUES
Construction BY PRIVATE DEVELOPMENT
Maintenance ] COUNTY CITY GENERAL AND GAS TAX
' REVENUES
[ CITY GENERAL AND GAS TAX
Sweeping
I, , REVENUES
Lighting ' CITY GENERAL TAX REVENUES
Flood Control [ COUNTY CITY GENERAL TAX REVENUES
Sewerage ' NORTH OF THE RIVER USER FEE & PRVT. DVMT.
SANITARY DISTRICT
Water CALIFORNIA WATER SERVICE USER FEE
~ CO.
Other (REFUSE) i PRIVATE CITY USER FEE
G:\GROUPDAT\Ron\2003'~Exhibit C - Annex 447.DOC
EXHIBIT "C"
1. Please prox ide the following info 'marion, when applicable on y for serQce which will be provided by' the applicant city'.
Location
Indicate location from wlnich service
will be provided (i.e. nearest fire
station, library, etc.)
POLICE-AIl police services in tile City of Bakersfield are administered through
the City Police DepartTnent located at the s/w comer of Truxlxm Avenue and
Eye Street approximately 9 miles southeast of the annexation.
FIRE-Service will be provided by County Station No. 61 located at the southeast
conner of Fruitvale Avenue and Norris Road pursuant to exchange wherein
County protects certain property within the City's jurisdiction. Tlnus, the City
does incur the cost of providing fire protection and the fire fund collected from
the City's taxpayers must be transferred to the County.
PARKS AND RECREATION - The annexation project is within the jurisdiction
of the North Bakersfield Recreation and Park District and is subject to all
adopted requirements and standards of the district.
LIBRARY N/A
STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 will
provide necessary facilities, personnel and services to accommodate Public
Works efforts.
CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Maintenance
and personnel will be dispatched from the City Yard on a regular basis for
preventative maintenance as needed. Repair includes streets,
constructed/maintenance, sweeping and lighting when located within the City's
right of way.
SEWER-21Le territory is within the service area boundary of the North of the
River Sanitary District No. 1. The District has an existing trunk sewer line in
Calloway Drive extending from Norris Road to Snow Road, which is available to
serve the territory.
WATER-The territory is being served by the California Water Service Company
and no change will occur upon annexation.
OTHER-(Refuse)-When annexed, service will be provided by the City either by
City forces or by contracts with a franchise refuse collector.
Service Level Capacity
Indicate frequency and availability
of service (i.e., street sweeping,
response time for emergency services,
rec. programs, etc.
24 hour patrol is provided in the immediate vicinity of
this annexation. First priority response is approxinrately
7.00 minutes or less.
Fire protection is provided on a 24*hour basis. The
am~exation will not affect City or County Fire service
capability or response time.
Existing neighborhood Parks (City and County) are open
to the public at reasonable hours.
N/A
There will be no reduction in the range capacity of the
City to provide tile necessary public work services to this
area. Services will be on a regular basis and "as needed".
Adequate capacity exists.
Adequate capacity exists.
City refuse pickup is twice a week.
III.
iV.
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 of the City
to provide needed services. At the time of any future development, additional police officers
may be required to fnaintain the current level of city service. The development of public streets
and municipal facilities within the territory will increase the future maintenance responsibility of
the City but should 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 existing zoning in affected territory. The portion on the west side of
Calloway Drive is presently zoned County E-5 (Estate, 5 Ac. Min.) Zone which allows suburban
single family residential occupancy on estate-size lots. 12.6 acres at the northeast corner of
Calloway Drive and Snow Road are zoned County A-I MH (Limited Agriculture Mobilehome
Combining) and the remaining portion is zoned County A (Exclusive Agriculture).
VI.
VII.
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
prezoned the corresponding County estate lots to City E (Estate One Family Dwelling) Zone and
the remaining area is prezoned to City A (Agriculture) Zone.
List city/district services that area will directly or indirectly benefit from such as decrease in fire
insurance rate, shorter emergency response thne, use of community facilities, etc. City Police
should be able to respond in a more timely manner 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 incorporated area.
City government also provides increased political representation for the residents within the
corporate limits.
A. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existing tax rate in the area equals 1.092585% 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
Controllers 2002 Lien Date)~
Would affected area be subject to any bonded indebtedness of the city/district: If so, explain.
No, the last listed (1992~93) City bounded indebtedness has been paid off and the current (2000-
2001) tax rate list shows no city bonded indebtedness.
How will tire difference in tax rates affect a property with a market value of $50,000.00?
The property rate will not increase due to annexation and re-assessment will not occur due to
annexation.
ANNEXATION NO. 447
5
T29S, R27E
SNOW ROAD
ETCHART ROAD
5
NORRIS ROAD