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HomeMy WebLinkAboutRES NO 026-05RESOLUTION NO. A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 480 LOCATED SOUTH OF JOHNSON ROAD, GENERALLY EAST OF RENFRO 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 f~rth 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 ten'itory 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 south of Johnson Road, generally east of Renfro 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. 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 Studywas 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. 6. 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. 7. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. 8. That the territory proposed for annexation as described herein has been determined to have 100% of property owners consenting to annexation. 9. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence Boundary. 10. That the Local Agency Formation Commission waive the protest hearing proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese- Knox-Hedzberg Local Government Reorganization Act of 2000. 11. 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 ~:i G NAL 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 ,R~,~ 9 ¢: ~n~ , by the following vote: ~,,~AYE,~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED JAN 2 6 2.00~; PAMELA A. McCARTHY, CIV,7 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:djl S:V~nnexatJon'~Res of Applic~nn480.roa.doc 3 EXHIBIT "A' "JOHNSON No. 1" ANNEXATION No. 480 A parcel of land being a portion of the southwest quarter of Section 35,Township 29 South, Range 26 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the West 1/4 corner of said Section 35, identified by a concrete monument in lamphole per Kern County Surveyor's filed Map 7-1 Book 6, Page 45, said corner calculated to be 2, 319, 971.83 feet North and 6, 214, 828.83 feet East per California Coordinate System (N.A.D. 83), Zone 5. Said point of commencement also being the point of intersection of the centerlines of Renfro Road (County Road No. 970) and Johnson Road (County Road No. 1862} and the Northwest comer of Parcel Map No. 3502, as recorded in Book 15 of Parcel Maps at Page 193 on file in the Office of the Kern County Recorder; Thence N 89° 4Y 40" E, along the East-West mid-section line of said Section 35, the North line of said Parcel Map No. 3502 and the centerlme of said Johnson Road, a distance of 659.70 feet to the Northwest comer of the Northeast quarter of the Northwest quarter of the Southwest quarter of said section 35, also being the Northeast comer of last said Parcel Map; Thence departing last said centerline and mid-section line S 00035'34'' E. along the East line of said Parcel Map No. 3502 and the west liue of the Northeast quarter of the Northwest quarter of the Southwest quarter of said section 35 a distance of 30.00 feet to intersect the south line of the North 30.00 feet of said southwest quarter and the south Right of Way line of said Johnson Road and the POINT OF BEGINNING; Thence (1) N 89° 43'40' E, along last said south line and the south right of way line of said Johnson Road a distance of 659.68 feet to thc East line of the Northeast quarter of the Norlhwest quarter of the Southwest quarter of said section 35; Thence (2) S 00033' 19" E along last said East line, 631.31 feet to the Southeast comer of the Northeast quarter of thc Northwest quarter of thc Southwest quarter of said scclion, and also being a point on existing corporate boundary line of the City of Bakersfield; Thence (3) S 89042'26" W, along the south line of the Northeast quarter of the Northwest quarter of the Southwest quarter of said section and als() the existing corporate boundary line of the City of Bakersfield, a distance of 659.27 feet to the southeast comer of the aforesaid Parcel Map No. 3502; m Thence (4) N 00"35'34" W along the East line of last said Parcel Map, a distance of 631.55 feet to the south Right of Way line of aforesaid Johnson Road and the POINT OF BEGINNING. Containing 9.56 Acres For purposes of this description, all bearings and distances listed hereon are record or calculated from record per Parcel Map No. 5205 recorded in Book 23 of Parcel Maps at Page 15 on file in the office of the Kern County Recordcr. OHECKED by KERN COUNTY SURVEYORS OFFICE 2 C~z zZ z© :3;:) m ~'~,,.. zz zz _ ~_ zz> ~, >> >> ~ ~ < ~iZ~ ww ww w c ~0 ~>_ ~8 z~a~ z z z z 0 O'rO 0 0 0 <~ IZ o ,~ OZn' OcoO 0 0 0 >on o Oi ,:L:NAL EOo >~, 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 er 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. Additional police officers would possibly be required to maintain the current level of city service. Any planned public streets or municipal facilities within the territory will increase the future maintenance responsibility of the City but should not affect the existing levet 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 upf:lradin,q or chan.qe in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. The territory is presently zoned A-1 (Limited A.qriculture) 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 {Agriculture) 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. The present City refuse collection rate is substantially lower than fees county residents now pay to independent companies. No special assessments or charqes for street sweeping, leaf collection, street liRhtinq ener,qy 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 1.088098% of assessed market value. This represents the total property tax rate. When annexed a desi~lnated percenta~le of the total property tax of the area will accrue to the City and remainder to the County for providin.q 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 existing annexation area is not subiect to a Williamson Act Contract. Y:~ANNEXATION~Annex 480\Exhibit C.DOC