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HomeMy WebLinkAboutRES NO 193-04RESOLUTION NO. 9 3 ' 0 4 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 463 LOCATED ALONG THE SOUTH SIDE OF McCUTCHEN ROAD, GENERALLY BETWEEN ASHE ROAD AND STINE ROAD. (WARO 6). 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 annex the territory located along the south side of McCutchen Road, generally between Ashe Road and Stine Road into the City; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property owner of the territory has 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 along the south side of McCutchen Road, generally between Ashe Road and Stine 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. ORIGINAL 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 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 Virginia Gennaro City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 ORIGINAL 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 and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~AY ~ {; 2004 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney PAMELA A. McCARTHY, 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 May 10, 2004 S:~Annexation\Res of Applic~ann463.roa.doc 3 EXHIBIT "A" McCUTCHEN NUMBER 2 ANNEXATION NUMBER 463 That parcel of land being portions of the North ½ of the Northwest lA of section 34 29/26 M.D.B &.M., County of Kern, State of California more particularly described as follows: Commencing at the Northwest comer of Section 34, also being the center line of McCutchen Road (County Road No. 1228), S 89006' 11" E, a distance of 1564.46 feet to the Tree Point of Beginning; Thence Thence Thence Thence Thence Thence Contains S 89° 06' 11" E, 1099.54 feet; S 00°46'16'' W, 2645.10 feet; N 89° 04' 07" W, 1322.95 feet; N 00044'48" E, 2005.25 feet; S 89006, 11" E, 224.26 feet; N 00°46'16" E, 639.05 feet, to the Tree Point of Beginning 77.06 Acres ORIGINAL ZZ < 0 ~ %AK~9 © ORtGINAL 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 affect on the near term level or capability of the City to provide needed services. The territory is presently vacant land for agricultural use and until future development occurs, additional police officers should not be required to maintain the current level of city 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? No, if any additional development occurs, the developer 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 subject territory is presently zoned County A (Exclusive Agriculture) Zone over the entire area. 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 over the entire area, however, the applicant and the City are working on a General Plan Amendment for a zone change to R-I (One Family Dwelling) Zone. 1 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 right of way. 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 major portion of the area equals 1.100931% 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 on County Auditor-Controller 2003 Lien Date List). 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 $50,000.007 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.. G:\GROUPDAT\Ron\2004\Exhibit C Annex 463a.doc m ORIGINAL