HomeMy WebLinkAboutRES NO 064-03RESOLUTION NO. 0 6 ' 0 3
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY.TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 448 LOCATED AT THE
SOUTHEAST CORNER OF COFFEE ROAD AND DOWNING
ROAD. (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 prez.oning 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 newspape.r 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 ResohJtion; 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 of Bakersfield agrees to annexation the territory located at the
southeast corner of Coffee Road and Downing Road, into the City; 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 thi.s resolution as though fully set forth herein,
located southeast of Coffee Road and Downing 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.
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That the reasons for the proposed change of o. tganization are that the owners of the
affected territory desire to receive munibipal 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, commencin~ 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 ani:t 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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That the appropriate City officials shall fi!g 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.
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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 APR 3 0 2003 bythe following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCOU~,~ARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED APR 3 0 2003
I~lAa ~oVr Eo~'t ~; ~;ft~ Lo f Bake r s~ld
PAMELA A. McCARTHY, Cl~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
BART J. THILT, GEN
City Attorneyj~/
MO:djl
April 8, 2003
S:~Annexation\Res of Applic~ann448.roa.doc
EXHIBIT "A"
"COFFEE ROAD NO. 2"
ANNEXATION NO. 448
That parcel of land being a portion of the west ¼ of Section 21, Township 29 South,
Range 27 East, M.D.M., County of Kern, State of California, more particularly described
as follows:
Commencing at the west ¼ corner (monumented) of said Section 21;
Thence S 00° 11' 20" E, along the west line of the southwest ¼ of said Section 21, a
distance of 11.06 feet to the southwest corner of Lot 9 of "Sales Map of Lands of Kern
County Land Company" filed for record July 15, 1891, in the Office of the Kern County
Recorder, said corner also being the point of intersection of the center lines of Coffee
Road (Co. Rd. No. 1315) and Downing Avenue (Co. Rd. No. 339);
Thence S 89° 46' 20" E, along the south line of said Lot 9 and center line of said
Downing Avenue, 30.00 feet to meet the east line of the west 30 feet of said Lot 9, said
point also being on the existing corporate boundary of the City of Bakersfield and is the
TRUE POINT OF BEGINNING;
Thence (1) N 00° 11' 20" W, along said east line and said corporate boundary line,
64.82 feet;
Thence (2) departing from said corporate boundary, N 89° 48' 40" E, 25.00 feet to meet
the east right of way line of said Coffee Road;
Thence (3) S 44° 58' 51" E, along said right of way line, 28139 feet to meet the north
right of way line of Downing Avenue (north line of the south 45 feet of said Lot 9);
Thence (4) S 89° 46' 20" E, along said north right of way line, 589.46 feet to meet the
east line of said Lot 9;
Thence (5) S 00° 08' 37" E, along said east line, 45.00 feet to the southeast corner of
said Lot 9, said corner being common to the northeast corner of Lot 24 of said "Sales
Map" and is also a point on the center line of said Downing Avenue;
Thence (6) S 00° 08' 37" E, along the east line of said Lot 24, a distance of 659.78 feet
to meet the north line of Parcel 1 of Parcel Map No. 3307 filed for record in Book 15 of
Parcel Maps, Page 165 in the Office of the Kern County Recorder;
Thence (7) N 89° 46' 08" W, along the north line of said Parcel 1, a distance of 488.32
feet to meet the easterly right of way line of the Friant-Kern Canal, also being a point on
the existing corporate boundary line of the City of Bakersfield;
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Thence (8) N 51 ° 00' 00" W, along said canal right of way line and said corporate
boundary line, 187.80 feet to meet the east line of the west 30 feet of the southwest ',~
of said Section 21, also being a point on the east right of way line of Coffee Road;
Thence (9) N 00° 11' 24" W, along said east line and said corporate boundary line,
542.15 feet to the TRUE POINT OF BEGINNING.
Containing 10.08 acres (more or less)
G:\GROUPDAT~Ron~2003~EXHIBIT A - Annex 448.doc
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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, it is unlikely that additional
police officers would be required to maintain 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 major portion of the territory is
presently zoned County M-2 PD (Medium Industrial - Precise Development) Zone. A 0.59 acre
area at the northwest comer of the territory is zoned County E-5 RS (Estate - 5 Acres, 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 City has
prezoned the territory to corresponding City M-2 (General Manufacturing) Zone and City RS-5A
(Residential Suburban - 5 acre minimum) 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 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 sweepingt leaf collection,
street lighting energy costs and fire hydrants when located within the City's incorporated area.
City govemment also provides increased political representation for the residents within the
corporate limits.
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 1.278066% 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 12000-
2001) tax rate list shows no city bonded indebtedness.
How will the difference in tax rates affect a property with a market value of $50,000.00?
The property rate will not increase due to annexation and re-assessment will not occur due to
annexation.
Is the proposed area subject to a Williamson Act Contract? No, existing or proposed land use is
not subject to a Williamson Act Contract,
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