HomeMy WebLinkAboutRES NO 010-05RESOLUTION NOP '~ 0 .. 0:~
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 471
LOCATED AT THE NORTHWEST CORNER OF ALLEN
ROAD AND KRATZMEYER 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 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 west of Calloway
Drive, south of Seventh Standard 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 at the northwest comer of Allen Road and Kratzmeyer 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.
11.
That the roasons for the proposed change of organization aro 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 Attomey
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
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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 5300 Lennox Street, Suite 303, Bakersfield, California 93309.
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O~IGINAL
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 .lAW 1_ ~ 20[~5 ,
by the following vote:
A~E-~ ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNClLMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNClLMEMBER
APPROVED
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk/of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attomey
EXHIBITS:
A Legal Description
B Map
C Plan for Services
MO:dji
December 17, 2004
S:~Annexation\Res of Applic~,nn471.roa.doc
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ORIGINAL
EXHIBIT "A"
ALLEN ROAD No. 12
ANNEXATION No. 471
That parcel of land being portions of Sections 11 and 12, Township 29 South, Range 26
East, Mount Diablo Base & Meridian, County of Kern, State of California and more
particularly described as follows:
Commencing at a point on the east line of said Section 11 being the southeast corner of
Lot 16 of Sales Map of Lands of Kern County Land Company filed for record January 19,
189t, in the Office of the Kern County Recorder, also being the point of intersection of
the center lines of Allen Road (County Road No. 67 & 843) and Olive Drive (County
Road No. 67), said corner position being monumented and including derived California
Coordinate System Zone 5 coordinates of 2,341,021.367 feet North and 6,220,367.014
feet East (N.A.D. 83);
Thence South 89 degrees 18 minutes 22 seconds East along the center line of said
Olive Drive, 30.00 feet to a point of intersection with the east line of the west 30 feet of
said section 12; Thence North 00 degrees 44 minutes 35 seconds East along last said
east line, a distance of 29.98 feet to a point on the north right of way line of said Olive
Drive (County Road No. 67), also being the southwest corner of City of Bakersfield
Annexation No. 438 (Allen Road No. 7), an angle point on the corporate boundary line of
the City of Bakersfield and the Point of Beginning;
Thence 1) Departing last said Corporate boundary line North 89 degrees 16 minutes 29
seconds West along the north right of way line of said Kratzmeyer Road (and the
easterly prolongation thereof) a distance of 2672.03 feet to a point on the west line of
Sales Map Lot No. 13 of the aforesaid Sales Map;
Thence 2) North 00 degrees 44 minutes 50 seconds East along last said Sales Map Lot
west line a distance of 1291.18 feet to the northwest corner of last said Sales Map Lot
and a point on the north line common to Sales Map Lots 12 through16 inclusive, of said
Sales Map of Lands of Kern County Land Company;
Thence 3) South 89 degrees 16 minutes 53 seconds East along last said north line (and
the easterly prolongation thereof), a distance of 2671.93 feet to the east line of the west
30 feet of said section 12 and also a point on the existing corporate boundary of the City
of Bakersfield;
Thence 4) South 00 degrees 44 minutes 35 seconds West along last said east line and
said corporate boundary line a distance of 1291.49 feet to the Point of Beginning.
Containing 79.21 acres
CHECKED by
KERN COUNTY SURVEYORS OFFICE
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ORIGINAL
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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 have minimal effect on the near term level or capability
of the City to provide needed services. Upon future development, additional police officers would
possibly be required to maintain the current level of city service. The planned residential
development includin.q public streets or municipal facilities within the territory will increase thu
future maintenance responsibility of the City but should not affect the existinq 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? No,
if any additional development occurs, the developer provides and pays for maior facilities and
dedicates them to the City. No upqradin.q or chanqe in facilities will be required in the territory fo~
annexation.
Indicate and explain existing zoning in affected territory. The territory is presently zoned A
(Exclusive ARriculture) 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 correspondinq City A (Aqriculture) Zone. The prezoninq is consistent
with the Metropolitan Bakersfield 2010 General Plan desiqnation. However, the owners and thu
city have initiated a General Plan Amendment to chanqe the City Zonin~q to R-1 (One Family
Dwellinq) 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. Parcels
within the incorporated area are allowed to connect to available City sewer system lines. Thu
present City refuse collection rate is substantially lower than fees county residents now pay tu
independent companies. No special assessments or charqes for street sweepinq, leaf collection,
street liqhtinq enerqy costs and fire hydrants when located within the City's incorporated area.
City qovernment 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 existinq tax rate in the area equals 1.100518% of assessed
market value This represents the total property tax rate. When annexed a desiqnated
percentaqe of the total property tax of the area will accrue to the City and remainder to the
County for providinq health care and social services. {Rate as shown on 2004-2005 County
Auditor-Controllers 2004 Lien Date)
Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No, the last listed (2003-2004) City bounded indebtedness has been paid off and the current
(2004-2005) tax rate list shows no city bonded indebtedness
How will the difference in tax rates affect a property with a market value of $50,00000?
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? _Yes. The proposed area is currently
under a Williamson Act Contract. Property owner(s) filed for non-renewal effective 12-31-2002
with the contract due to expire 12-31 2011
Y:~ANNEXATIONbAnnex 471\Exhibit C.DOC
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OR,,~,NAL