HomeMy WebLinkAboutRES NO 027-05RESOLUTION NO. 0 ~ T ;' 0 5
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 483
LOCATED SOUTH OF PANAMA LANE, EAST AND WEST
OF OLD RIVER 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, east and west of Old River 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 to the City of
Bakersfield; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it
hereby finds and determines as follows:
1. 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, east and west of Old River 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 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
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.
......... 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 ~j.~.~ ?_. _R ')~.n~
by the following vote:
L~.~_Y.ES.~ COUNCILMEMBER COUCH, CARSON, BENH~M, MACGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNC~LMEMBER
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 Attorney
EXHIBITS:
A Legal Description
B Map
C Plan for Services
MO:djl
January 4, 2005
S:~Annexation~Res of Applic~ann483.roa.do¢
3
KERN COLINT~ ~URVI~'gR$ OFFICE
E~IBIT "A" ,~ ~ ~ov~ ~
BEING PORTIONS OF LOTS 1 AND 8 OF SALES MAP OF LANDS OF KERN COUNTY LAND
COMPANY SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M. AS FILED JUNE 16,
1897 IN THE RECORDER'S OFFICE OF THE COUNTY OF KERN, STATE OF CALIFORNIA, AND
ALSO BEING PORTIONS OF LOTS 1, 2, 3 AND 4 OF SALES MAP OF LANDS OF KERN COUNTY
LAND COMPANY SECTION 30, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M. AS FILED
JANUARY 22, 1892 IN SAID RECORDERS OFFICE, ALL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 30, BEING ALSO THE
NORTHWEST CORNER OF SAID SECTION 29;
THENCE SOUTH 89° 14' 59" EAST ALONG THE NORTH LINE OF SAID SECTION 29 A
DISTANCE OF 659.83 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID LOT
I OF SECTION 29;
THENCE SOUTH 00° 34' 44" WEST ALONG THE EAST LINE OF SAID WEST HALF OF LOT 1 A
DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF PANAMA LANE (COUNTY
ROAD NO. 4) AND THE POINT OF BEGINNING;
(1) THENCE SOUTH 00° 34' 44" WEST CONTINUING ALONG THE EAST LINE OF THE WEST
HALF OF SAID LOTS 1 AND 8 A DISTANCE OF 1283.37 FEET TO THE SOUTH LINE OF
SAID LOT 8;
(2) THENCE NORTH 89° 17' 09" WEST ALONG SAID SOUTH LINE A DISTANCE OF 659.48
FEET TO THE SOUTHWEST CORNER OF SAID LOT 8, SAID CORNER BEING ON THE
WEST LINE OF SAID SECTION 29 AND THE CENTERLINE OF OLD RIVER ROAD
(COUNTY ROAD NO. 253);
(3) THENCE SOUTH 00° 35' 03" WEST ALONG SAID WEST LINE OF SAID SECTION 29 AND
THE CENTERLINE OF SAID OLD RIVER ROAD, A DISTANCE OF 7.94 FEET TO THE
SOUTHEAST CORNER OF SAID LOT I IN SECTION 30;
(4) THENCE NORTH 89° 06' 17" WEST ALONG THE SOUTH LINE OF SAID LOTS 1, 2, 3, AND 4
IN SECTION 30 A DISTANCE OF 2635.21 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 4;
(5) THENCE NORTH 00o 47' 49" EAST ALONG THE WEST LINE OF SAID LOT 4 A DISTANCE
OF 1291.31 FEET TO A POINT LYING 30.00 FEET SOUTH OF THE NORTH LINE OF SAID
SECTION 30, AND SAID NORTH LINE ALSO BEING THE CENTERLINE OF SAID PANAMA
LANE.
(6) THENCE SOUTH 89" 06' 48" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION
AND SAID CENTERLINE OF PANAMA LANE A DISTANCE OF 2629.96 FEET TO A POINT
ON THE CENTERLINE OF SAID OLD RIVER ROAD AND THE EAST LINE OF SAID
SECTION 30;
THENCE SOUTH 89° 14' 59" EAST PARALLEL TO THE NORTH LINE OF SAID SECTION 29
A DISTANCE OF 659.82 FEET TO THE POINT OF BEGINNING.
(7)
CONTAINING 97.49 ACRES MORE OR LESS AS CALCULATED.
yooEI~ANcUREN L.S. 3707
.LEGAL FOR ~TION PURPOSES.DOC
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EXHIBIT"C"
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 caoabilitv 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 of
any public streets or municipal facilities within 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 (reads,
fire hydrants, mains, etc.): If so, would city/district or residents be responsibie for financing?
Private develoement provides and pays for major facilities and dedicates them to the City. No
up,qradinq 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
(Exclusive 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 correspondin,q City A {A,qriculture) 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 charges for street sweepino, leaf collection,
street li,qhtinq enerf:ly 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 existing tax rate in the area equals 1.073464% of assessed
market value. This represents the total property tax rate. When annexed a desionated
oeroentaoe of the total orooerty 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 f2003-2004) 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 va~ue 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, the existin,q annexation area is
not subject to a Williamson Act Contract.
S:~Annexation~z Exhibit C sV~nnex 483 Old River 1,d~c
O,:2G!NAL