HomeMy WebLinkAboutRES NO 025-04RESOLUTION NO. 0 2 5" 0 4
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR REORGANIZATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AND NORTH OF RIVER SANITARY DISTRICT AS
ANNEXATION NO. 457 LOCATED ALONG THE SOUTH SIDE OF
KRATZMEYER ROAD TO REINA ROAD, GENERALLY WEST OF
ALLEN 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 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 City of Bakersfield agrees to annex the territory located along the south side
of Kratzmeyer Road to Reina Road, generally west of Allen Road into the City; and
WHEREAS, the North of River Sanitary District agrees to annex the same territory; and
WHEREAS, the North Kern Water Storage District agrees to detach the same territory from
their district; 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
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 south of Kraztmeyer Road to Reina Road, generally west of Allen 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 thougt'l,
fully set forth herein, c)q
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
2
OR!G NA~
EXHIBIT "A"
"REINA NO. 5"
ANNEXATION NO. 457
That parcel of land being portions of Sections 11 and 14, Township 29 South, Range 26
East, MD.M, County of Kern, State of California, more particularly described as
follows:
Commencing at the southeast corner of said Section 11, also being the point of
intersection of the center lines of Allen Road (Co. Rd. No. 67 & 843) and Reina Road
(Co. Rd. No. 715), said point being a monumented section corner calculated to be
2,338,379.095 feet North and 6,220,332.853 feet East per California Coordinate System
(N.A.D. 83), Zone 5;
Thence N 89° 15' 57" W, along the south line of said Section 11 and said Reina Road
center line, a distance of 1321.17 feet to a point on the existing corporate boundary line
of the City of Bakersfield, said point also being the southeast corner of Lot 30 of "Sales
Map of Lands of Kern County Land Company" in said Section 11, per map filed for
record January 9, 1891, in the Office of the Kern County Recorder;
Thence S 00° 44' 38" W, along said corporate boundary line and southerly prolongation
of the east line of said Lot 30, a distance of 30.00 feet to intersect the south right of way
line of said Reina Road, said point being the TRUE POINT OF BEGINNING;
Thence (1) N 89° 15' 57" W, along the south right of way line of Reina Road (south line
of the north 30 feet of said Section 14),a distance of 1321.18 feet to intersect the
southerly prolongation of the west line of Lot 29 of said "Sales Map of Lands of Kern
County Land Company";
Thence (2) N 00° 44' 49" E, along the west lines of Lots 29 and 20 of said "Sales Map of
Lands of Kern County Land Company" (and prolongations thereof), 2703.90 feet to
intersect the north right of way line of Kratzmeyer Road (Co. Rd. No. 67);
Thence (3) S 89° 14' 13" E, along said north right of way line, 1321.01 feet to an angle
point on the existing corporate boundary of the City of Bakersfield, said point also being
on the northerly prolongation of the east line of Lot 19 of said "Sales Map of Lands of
Kern County Land Company";
Thence (4) S 00° 44' 38" W, along said existing corporate boundary line and east lines
of said Lots 19 and 30 (and prolongations thereof),a distance of 2703.24 feet to the
TRUE POINT OF BEGINNING.
Containing 81.99 acres (more or less)
G:\GROUPDAT~Ron\2004\EXHIBIT A - Annex 457.doc
-1-
SEC. Il,IT. 29 S.,
r. 26 E.I, M.D.M .Ill-
PROPOSED --- ~
A NNEXA l'l ON
8L 99 Ac.
REINA
REINA
I
I
I
ROAD
R O.~,
SCALE: (IN FEET)
0 500 I000
"REINA NO. 5", ANNEXATION NO. 457
EXHIB IT "B"
,?, ,i.k' ~.
OR~GI,~j~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 annexation of this territory will have minimal effect on the near term level or capability of the
City to provide needed services. Upon future development in the territory additional police officers
would possibly be required to maintain the current level of city service. The planned residential
development including public streets and other municipal facilities in 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? Nov if
any additional development occurs~ the developer provides and pays for maior 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 territory presently zoned County A
{Exclusive Agriculture) 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 A {Agriculture) Zone. The prezoning is consistent with the
Metropolitan Bakersfield 2010 General Plan designation. However~ the owners and the City have
initiated a General Plan Amendment to change the City Zoning to R-1 (One Family Dwelling) 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 assessment or charges for street sweeping~ leaf coilection~ street liehtine
energy costs and fire hydrants upon development of subiect 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 general 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 for the County Auditor-Controller
2003 Lien Date).
Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. Nov the
last listed (1992-93) City bonded 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 $50,000.007
The general property rate will not increase due to annexation and re-assessment will not occur due to
annexation.
ls the proposed area subject to a Williamson Act Contract ? Yes~ the proposed annexation area is
subiect to Williamson Act Contract, however~ the applicant has filed for cancellation of the Contract
within the subiect area.
(REINA NO. 5)
G:\GROUPDAT\Ron\20O4\Exhibit C Annex 457.doc
- 3 -
Virginia Gennaro
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 290, Bakersfield, California 93301.
........ -000 .......
I HEREBY CERTIFY that the foregoing Resolution was passed~ia~o~t~0b4y the Counc I
of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
~ COUNCILMEMBER COUCH, CARSON, BENHAM, M~,CC.¥~D, HANSON, ~ SALVAGGIO
NOES: COUNCILMEMBER
COUNCILMEMBER ~
COUNC[LMEMBER ~ ~~
APPRO~,,ED F~.~ j~j
HARVEY L. HALL
MAYOR of the Ci~ of Ba~mfield
APPROVED AS TO FORM:
VIRGINIA GENN~O
Ci~ A~orney
PAMELA A. McCART~, CMC~
CiTY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBITS:
A Legal Description
B Map
C Plan for Services
MO:djl
January 14, 2004
S:~Annexafion\Res of Applic~ann457.roa.doc
3