Loading...
HomeMy WebLinkAboutRES NO 065-05 055 05 RI=SOlUTION NO. A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 485 LOCATED SOUTH OF MEANY AVENUE, WEST OF PATTON WAY. (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 THURSDAY, JANUARY 6, 2005, 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 cimulation; and WHEREAS, by Resolution No. 04-05 on January 6, 2005, 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 Meany Avenue, west of Patton Way 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 Meany Avenue, west of Patton Way. 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. ORiGiN 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. 4234, which was adopted March 9, 2005, 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 December 17, 2004. 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 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 ,M,~ ~ 0 ?l~0~ by the following vote: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER PAMELA A. McCARTHY, CM¢) CITY CLERK and Ex Officio C'~rk of the APPROVED ~A~' ~ 0 ~-~J Council of the City of Bakersfield MAYOR 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 March 16, 2005 S:Wnnexation\Res of Applic~ann485.roa.doc 3 EXHIBIT "A" MEANY NO. 4 ANNEXATION 485 Being a portion of the northwest quarter of Section 21, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, County of Kern, State of California, more particularly described as follows: Commencing at the North quarter comer of said Section 21, said point also being the intersection of the centerlines of Hageman Road and Patton Way (Co. Rd. 3602); Thence South 00°03'09" West along the East line of the Northwest quarter of said Section 21, said line also being the centerline of said Patton Way, and also being the Easterly line of Existing City Corporate Boundary shown as Annexation No. 307 "Rancho Laborde", completed May 22, 1986, filed in Book 5875 Page 2053 in Kern County Recorder's Office, a distance of 1337.09 feet to the northeast comer of Lot 12 of the Sales Map of Lands of Kern County Land Company, filed for record on July 15, 1891, in said Recorder's Office, said point also being a southeast comer of said existing City Corporate Boundary, said point also being the intersection of the centerlines of Meany Avenue and Patton Way (Co. Rd. 3602), and also being the TRUE POINT OF BEGINNING; Thence ( 1 ) Departing from said Corporate Boundary and continuing South 89°44'04'' East along the centerline of Meany Avenue, a distance of 30.00 feet, to the prolongation of the East right of way of Patton Way; Thence (2) South 00003'09'' West along said East right of way of Patton Way, a distance of 458.00 feet; Thence (3) North 89044'04'' West a distance of 695.22 feet, to a point on the West line of said Lot 12; Thence (4) North 00°00'05'' East along the West line of said Lot 12, a distance of 458.00 feet, to a point on the centerline of Meany Avenue, said point also being on the Southerly line of said City Corporate Boundary; Thence (5) South 89°44'04'' East along the centerline of Meany Avenue, said line being a Southerly tine of said City Corporate Boundary, a distance of 665.63 feet to the TRUE POINT OF BEGINNING. Containing 7.31 Acres. CHECKED by KERN COUNTY SURVEYORS OFFICE Date 7_- /5'- 05 ~,t Ai:~roved by, ~Z Itl m EXHIBIT"C" 1. 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 development including public streets or municipal facilities within the territory will increase the futu~'e maintenance responsibility of the City but should not affect the existing level of service. 2. 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 developer 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 up,qrading or chan,qe in facilities will be required in the territory fo~ annexation. 3. indicate and explain existing zoning in affected territory. The territory is presently zoned E(5) RS (Estate-5Acres / Residential Suburban Combining) Zone. 4. 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-S-5A (Residential Suburban - 5 Acre minimum lot size) Zone. The prezoninR is consistent with the Metropolitan Bakersfield 2010 General Pla,, desiqnation. 5. 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. Th~ present City refuse collection rate is substantially lower than fees county residents now pay [u independent companies. No special assessments or charges for street sweepin~l, leaf collection, street lighting energy costs and fire hydrants when located within the City's incorporated area. City government also provides increased political representation for the residents within the corporate limits. 6. Please provide the following information relative to city/district and county faxes: List existing tax rate(s) in area. The existing tax rate in the area equals 1.160521% of assessed market value. This represents the total property tax rate. When annexed a desi,qnated 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 2004-2005 County Auditor-Controllers 2004 Lien Date). 7. 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. 8. 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. 9. Is the proposed area subject to a Williamson Act Contract? NO1 the proposed area is not subject to Williamson Act Contract. S:~AnnexatJon~z Exhibit C sV~nex 485 Meany 4.DOC ~: