HomeMy WebLinkAboutRES NO 183-03RESOLUTION NO. I 8 3 ' 0 3
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 452 LOCATED ALONG
THE SOUTH SIDE OF MCKEE ROAD, GENERALLY NORTH OF
THE KERN RIVER, ALONG MOHAWK STREET AND EAST OF
COFFEE ROAD. (WARD 2 & 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 Californian, a local newspaper of general cimulation; 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 of Bakersfield agrees to annexation the territory located generally north
of the Kern River, along Mohawk Street and east of Coffee Road into the City; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, most of 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 generally north of the Kern River, along Mohawk Street and east of Coffee
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.
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 most 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 passedrit~l ac[opted by the Council
of the City of Bakersfield at a regular meeting thereof held on '",,~ u~ ~.003 ,
by the following vote:
COUNCILMEMBER COUCH, CARSON, E~ENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, CMC,~
CITY CLERK and Ex Officio Cl~'rk of the
Council of the City of Bakersfield
APPROVED OCT 0 8 -2003
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
EXHIBITS:
A Legal Description
B Map
C Plan for Services
MO:djl
September 191 2003
S:~Annexation\Res of Applic~ann452.roa.doc
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EXHIBIT "A"
"MOHAWK NO. 1"
ANNEXATION NO. 452
That parcel of land being portions of Sections 27, 28 and 33 of Township 29 south, range 27
east, MD.M, County of Kern, State of California, more particularly described as follows:
Commencing at the northwest corner of said Section 33, said corner being monumented and is
the point of intersection of the center lines of Coffee Road and Brimhall Road;
Thence S 89° 08' 21" E, along the north line of said Section 33, a distance of 1648.38 feet to
intersect the east line of that land conveyed for the Friant-Kern Canal, said point also being on
the existing corporate boundary of the City of Bakersfield and is the True Point of Beginning;
Thence (1) departing from said corporate boundary, S 89° 08' 21" E, along said section line,
997.83 feet to the north 1/4 corner of said Section 33;
Thence (2) S 89° 08' 42" E, along the north line of said Section 33, a distance of 2224.17 feet to
intersect the northerly right of way line of the Cross Valley Canal;
Thence (3) N 44" 15' 42" E, along said right of way line, 5.86 feet to the beginning of a 560.00
foot radius curve thereon, concave to the southeast;
Thence (4) northeasterly along said right of way curve through a central angle of 46° 27' 41" an
arc distance of 454.11 feet;
Thence (5) S 89° 16' 37" E, along said right of way line, 12.25 feet to intersect the west line of
said Section 27, (said point being N 00° 55' 03" E, 179.47 feet from the southwest corner of said
Section 27);
Thence (6) N 00° 55' 03" E, along the west line of said Section 27, a distance of 1140.41 feet to
intersect the north right of way line of vacated Refinery Avenue (Co. Rd. No. 2149);
Thence (7) S 890 08' 27" E, along the north right of way line of said vacated Refinery Avenue
(and existing Refinery Avenue), 1311.50 feet to meet the west right of way line of Langley Road
(Co. Rd. No. D-16);
Thence (8) N 00° 55' 15" E, along said west right of way line, 1359.15 feet to meet the south
right of way line of the Burlington Northern Santa Fe Railway (formerly A.T.&S.F.R.R.);
Thence (9) N 89° 08' 07" W, along said south right of way line, 1311.62 feet to intersect the west
line of the northwest 1/4 of said Section 27;
Thence (10) N 00° 55' 03" E, along said west line, 100.00 feet to intersect the north right of way
line of said Burlington Northern Santa Fe Railway;
Thence (11) S 89° 08' 07" E, along said north right of way line, 1331.59 feet to the southwest
corner of Lot 14 of the "S. Wright Jewett Subdivision"of Section 27, T. 29 S., R. 27 E. filed for
record in Book 1 of Maps, Page 130 in the Office of the Kern County Recorder;
Page 1 of 3
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Thence (12) N 00° 54' 49" E, along the west line of said Lot 14, a distance of 530.91 feet to the
northwest corner thereof;
Thence (13) S 89° 08' 41" E, along the north line of said Lot 14, a distance of 150.00 feet to a
point also being on the south line of Lot 11 of said "S. Wright Jewett Subdivision";
Thence (14) N 44° 06' 27" W, 211.99 feet to a point on the west line of said Lot 11;
Thence (15) N 00~ 55' 47" E, along said west line, 509.82 feet to the northwest corner thereof,
said point also being the southwest corner of Parcel 7 of Parcel Map No. 7984 filed for record in
Book 43 of Parcel Maps, Page 126 in the Office of the Kern County Recorder;
Thence (16) N 00° 55' 08" E, along the west line of said Parcel 7, a distance of 454.87 feet to
the northwest corner thereof;
Thence (17) S 89° 10' 24" E, along the north line of said Parcel 7 and prolongation thereof,
1361.61 feet to intersect the east right of way line of Mohawk Street (Co. Rd. No. D-16);
Thence (18) S 00° 55' 16" W, along said right of way line, 455.46 feet to intersect the north line
of Lot 10 of said "S. Wright Jewett Subdivision";
Thence (19) S 89° 10' 16" E, along said north line, 1200.79 feet to intersect the west right of way
line of the Burlington Northern Santa Fe Railway;
Thence (20) N 00° 55' 09" E, along said right of way line, 1289.79 feet to intersect the south
right of way line of Rosedale Highway (State Rt. V1-KER-58) also being a point on the south
line of the north 30 feet of said Section 27;
Thence (21) S 89° 10' 24" E, said south right of way line, 1431.40 feet to intersect the east line
of the northeast 1/4 of said Section 27;
Thence (22) S 00° 53' 18" W, along said east line, 1591.77 feet to an angle point on the existing
corporate boundary of the City of Bakersfield;
Thence on and along said existing corporate boundary line for courses (23) through (37) as
follows:
Thence (23) continuing S 00' 53' 18" W, along the east line of the northeast 1/4 of said Section
27, a distance of 1025.43 feet to the east 1/4 corner of said section;
Thence (24) S 00° 49' 55" W, along the east line of the southeast 1/4 of said section, a distance
of 946.67 feet;
Thence (25) S 54° 35' 33" W, 2872.46 feet to a point on the south line of the southeast 1/4 of
said Section 27;
Thence (26) N 89° 07' 15" W, along said south line, 350.00 feet to the south 1/4 corner of said
Section 27;
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Thence (27) N 89° 06' 11" W, along the south line of the southwest 1/4 of said section, a
distance of 2663.96 feet to the northeast corner of said Section 33;
Thence (28) S 000 36' 04" W, along the east line of the northeast 1/4 of said Section 33, a
distance of 1369.84 feet;
Thence (29) S 70~ 32' 39" W, 407.98 feet;
Thence (30) N 86° 05' 34" W, 490.34 feet;
Thence (31) S 69° 46' 13" W, 318.42 feet to intersect the south line of the north 1600 feet of the
northeast 1/4 of said Section 33;
Thence (32) N 89° 08' 42" W, along said south line, 624.91 feet;
Thence (33) N 490 06' 32" W, 153.51 feet;
Thence (34) N 80° 02' 26" W, 744.04 feet;
Thence (35) N 00~ 37' 54" E, 449.91 feet to intersect the south right of way line of the Cross
Valley Canal;
Thence (36) N 890 23' 13" W, along said south right of way line, 1000.99 feet to intersect the
east line of the land conveyed for the Friant-Kern Canal;
Thence (37) N 00° 49' 29" E, along said east line, 937.85 feet to the True Point of Beginning.
Containing 533.79 acres (more or less)
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1. Please provide the following information, when applicable, only for service which will be provided by the applicant city.
Location
Indicate location from which service
will be provided (i.e. nearest fire
station, library, etc.)
POLICE-All police services in the City of Bakersfield are administered through
the City Police Department located at the s/w comer of Truxtun Avenue and
Eye Street approximately 2 miles east of the annexation.
FIRE-Service to almost the entire territory will be provided by County Station
No. 66 located on Landco Drive north of Rosedale Highway pursuant to
exchange wherein County protects certain property within the City's
jurisdiction. A small remaInder portion of the territory along the east side of the
Friant-Kern Canal is served by City Station No. 11.
PARKS AND RECRF~TION - The annexation project is within the jurisdiction
of the North Bakerslield Recreation and Park District and is subject to all
adopted requirements and standards of the district.
LIBRARY-N/A
STREE 1 S-The City Corporation yard on Tmxtun Avenue west Fwy. 99 will
provide necessary facilities, personnel and services to accommodate Public
Works efforts.
CON STRUCTION/MAINTENANCFdSWEEPING/LIGHTING-Maintel~ance
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-The City of Bakersfield Mohawk Sewer System (Phase II) has provided
a trunk sewer line that extends the full extent (east - west) of the territory. The
entire annexation area is within the service boundary of the Mohawk Sewer
System.
WATER-The territory is being served by the City Water Resources Department
and no change will occur upon annexation.
OTHER-(Refuse)-When aimexed, 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 approximately
7.00 minutes or less.
Fire protection is provided on a 24-hour basis. The
annexation 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
(see below)
There will be no reduction in the range capacity of the
City to provide the necessary public work services to this
area. Services willbe on a regular basis and "as needed".
Adequate capacity exists.
Adequate capacity exists.
City refuse pickup is twice a week.
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 industrial type development, it is unlikely
that addil/onal police officers would be required to maintain the current level of city service. The
development of any new public streets or 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 orr 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 portio~ of the ten'itory is
zoned County M-2 0Vledium Industrial) with other zoning being County M-3 (Heavy Industrial),
RF (Recreation-Forestry), a (Exclusive Agriculture), A FPS (Agriculture, Floodplain-Secondary
Combining), FPP (Floodplain-Primary) and M-3 PD FPS (Heavy Industrial, Precise Development,
Floodplain-Secondary, Combining). See County Zoning Maps at pages 4 and 5 for locations.
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.)A major portion
of the prezomng of the territory is corresponding City M-2 (General Manufacturing) Zone with
remaining prezonmg being City M-3 (Heavy Industrial), FP-S (Floodplain Secondary) and FP-P
(Floodplain Primary). See City Zoning Maps at pages 6 mad 7 for locations.
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 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.
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 1.274144% 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 2003 Lien Date).
Would affected area be subject to any bonded indebtech~ess of the city/district?: If so, explain.
No, the last listed (1992-93) City bounded indebtedness has been paid off and the current 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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