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Home My WebLink AboutRES NO 025-05RESOLUTION NO. ~ 2 5 ' 0 ~ A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 479 LOCATED SOUTH OF PANAMA LANE, GENERALLY EAST OF BUENA VISTA ROAD. (WARD 5). 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 south of Panama Lane, generally east of Buena Vista Road into the City, and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property owner of the ten'itory 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 south of Panama Lane, generally east of Buena Vista 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 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 headng 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 2 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. 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 by the following vote: '~' ~ u ~.uu3 ~Y~-~) COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, C~C CITY CLERK and Ex Officio""Clerk of the Council of the City of Bakersfield APPROVED Jil~l~l 2 (~ [{]~ APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney EXHIBITS: A Legal Description B Map C Plan for Services MO:djl S:~,nnexation\Res of Applic~ann479.roa.doc 3 EXHIBIT "A" LEGAL DESCRIPTION ANNEXATION NO. 479, PANAMA NO. 15 BEING A PORTION OF PARCEL 2 OF PARCEL MAP WAIVER NO. 14-93, AS EVI- DENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 2, 2001 IN BOOK 6987, PAGE 1128, OR., BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 30, T. 30 S., R. 27 E, M.DM., IN THE UNINCORPORATED COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 30, SAID POINT BEING ON THE CENTERLINE OF PANAMA LANE; THENCE SOUTH 00047'49'' WEST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 30, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) CONTINUING SOUTH 00047'49'' WEST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 30, A DISTANCE OF 2608.98 FEET TO THE SOUTHEAST CORNER OF THE NORTH- WEST QUARTER OF SECTION 30; THENCE (2) NORTH 89008'53'' WEST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, A DISTANCE OF 1320.29 FEET: THENCE (3) NORTH 00054'46'' EAST, 2609.87 FEET TO A POINT ON A LINE 30.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30 AND THE CENTERL1NE OF pANAMA LANE; THENCE (4) SOUTH 89006'34'' EAST ALONG THE LINE 30.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30 AND THE CENTERLINE OF PANAMA LANE, 1315.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 78.93 ACRES, MORE OR LESS PASCOE-ANNEX-LGL CHECKED by KERN COUNTY SURVEYOR/S OFFICE Date / ~.- 7--/-0'~- . 0,~ ~z ILl Z 0 n, o _1 r~ X 'cLX' AL 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 development, it is unlikely that additional police officers would be required to maintain the current level of city service. The development ul' any public streets or municipal facilities within the territory will increase the future maintenance responsibility of the City but should not affect the existin.q 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 maior facilities and dedicates them to the City. No upqradinq or chan~le in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. The territory is presently zoned A {Exclusive Aqriculture) 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 correspondin,q City R-1 (One Family Dwellin.q) 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 li,qhtin~l 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 existin~ tax rate in the area equals 1.073464% of assessed market value. This represents the total property tax rate. When annexed a desif:lnated percentaqe of the total property tax of the area will accrue to the City and remainder to th~ County for providing 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 $50,000.00? 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 existin~ annexation area is not subiect to a Williamson Act Contract. y:~ANNEXATION~Annex 479\Exhibit C.DOC