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HomeMy WebLinkAboutRES NO 006-04RESOLUTION NO. 0 (~ 6 ' 0 4 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR REORGANIZATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 451 LOCATED ALONG THE NORTH SIDE OF SNOW ROAD, EAST OF THE FRIANT- KERN CANAL, GENERALLY 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 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 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 City of Bakersfield agrees to annexation the territory located along the north side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Drive into the City; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property will be annexed to the North of the River Sanitary District; and WHEREAS, the site shall be detached from the North Kern Water Storage District; and WHEREAS, the property owners of the territory have consented to annexation and detachment; 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 of the Friant-Kern Canal, generally 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 thoug.h 8. 9. 10. 11. 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. 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 2 Virginia Gennaro City Attomey 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. 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 JAN 1 4 2[D74 , by the following vote: COUNCILMEMBER COUCH,'~ BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNClLMEMBER ~ APPROVED PAMELA A. McCARTHY, CMC J/ CITY CLERK and Ex Officio Clerk~./the Council of the City of Bakersfield HAR/VEY L. HALL ~" / MAYOR of the City of BakerSfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney EXHIBITS: A Legal Description B Map C Plan for Services MO:djl December 19, 2003 S:~Annexation\Res of Applic~ann451.roa.doc 3 EXHIBIT "a" ANNEXATION NO. 451 ALL THAT PORTION OF SECTION 6, AND SECTION 7, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MD.M., COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE, MARKED FOR THE SECTION CORNER, AS SHOWN ON RECORD OF SURVEY BOOK 15 AT PAGE 84 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S.50°15'40"E., 2072.70 FEET TO THE NORTHWEST CORNER OF PARCEL 5 OF PARCEL MAP WAIVER NO. 10-95 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 21, 1998 AS DOCUMENT NO. 0196151074, OFFICIAL RECORDS OF KERN COUNTY, AND THE POINT OF BEGINNING; THENCE 1) S.89°50'50"E. ALONG THE NORTH LINE OF SAID PARCEL 5, A DISTANCE OF 1032.32 FEET; THENCE 2) CONTINUING ALONG SAID NORTH LINE, S.89°49'48"E., 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF VERDUGO LANE (COUNTY ROAD NO. 99); THENCE 3) DEPARTING SAID NORTH LINE, S.01°05'34"W. ON AND ALONG SAID EAST RIGHT- OF-WAY LINE, 1351.03 FEET TO THE SOUTH LINE OF THE NORTH 30.00 FEET OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 21-95 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 26, 1998 AS DOCUMENT NO. 0198146341, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY OF ETCHART ROAD (COUNTY ROAD NO. 719); THENCE 4) N.89°50'45"W. ALONG SAID SOUTH LINE AND SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO THE EAST LINE OF PARCEL 1 OF PARCEL MAP NO. 931 AS FILED JUNE 21, 1973 IN PARCEL MAP BOOK 6 AT PAGE 5 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE 5) S.01°05'34'~/V. ALONG SAID EAST LINE, AND ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 2300.23 FEET; THENCE 6) DEPARTING SAID EAST LINE, N.89°51'42~/V., 140.00 FEET; THENCE 7) S.01°05'34"W., 335.00 FEET TO THE SOUTH LINE OF THE NORTH 24.00 FEET OF SAID SECTION 7, ALSO BEING A POINT ON THE EXISTING CITY OF BAKERSFIELD CORPORATE BOUNDARY; THENCE 8) N.89°51'42~N. ALONG SAID SOUTH LINE AND SAID CORPORATE BOUNDARY, A DISTANCE OF 482.93 FEET TO THE EAST BOUNDARY OF THE FRIANT-KERN CANAL; THENCE DEPARTING SAID CORPORATE BOUNDARY, ON AND ALONG SAID EAST BOUNDARY, THE FOLLOWING NINE (9) COURSES: 9) N.00°32'32"E., 1619.06 FEET; THENCE 10) N.35°09'42"VV., 588.60 FEET; THENCE 11) N.17°10'42"W., 157.50 FEET; THENCE KERN COUNTY SURVEYORS OF?~,~,,~ ~ Ap~r~ ~ ~~ 12) N.00°08'18"E. 13) N85°54'59r~/. 14) N.04°35'15"E. 431.50 FEET; THENCE 9.28 FEET; THENCE 187.20 FEET; THENCE 15) N.00°27'15"E. 800.20 FEET; THENCE 16) N.04°23'15"E 200.20 FEET; THENCE 17) N.01°20'45"W, 133.76 FEET TO THE POINT OF BEGINNING. CONTAINING 76,85 ACRES GROSS. Q:~003-49~legals~annex2.doc~sept.19, 2003~'ev. Oct. 9, 2003 VEROUGO LANE ROAD NO. 99)i ~ CALLOWA¥ DRIVE (COUNTY ROAD NO 62) © 0 Z ORIGIn,, L 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 territory is proposed for development as a single family residential area consisting of estate size lots. The annexation of this territory should not affect the near term level or capability of the City to provide needed services. There is a slight possibility that upon final build-out of the area, additional police officers would be required to maintain the current level of city service. The addition of the new public streets and municipal facilities within the territory will increase the 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 entire territory is zoned County A (Exclusive Agricuture) 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 entire territory has been prezoned to City A (Agriculture) Zone which is consistent with the existing County Zoning. However, the City is processing a General Plan Amendment for change of zoning as requested by the owner. The amended zoning will be City E (Estate One- Family Dwelling ) Zone with 2.5 acres at the northwest comer being City DI (Drilling Island) 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 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 1.105865% 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 indebtedness 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, the territory proposed for annexation is not subject to a Williamson Act Contract. 3