HomeMy WebLinkAboutRES NO 088-05RESOLUTION NO. 0 88"05
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR REORGANIZATION OF
TERRITORY TO THE CITY OF BAKERSFIELD AS
ANNEXATION NO. 484 LOCATED NORTH OF SNOW
ROAD, GENERALLY EAST OF ALLEN ROAD/ZERKER
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,
DECEMBER 6, 2004, and THURSDAY, DECEMBER 16, 2004, 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, 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 Califomia; 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 north of Snow Road,
generally east of Allen Road/Zerker Road into the City; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, the proposal consists of annexation to the North of River Sanitary District; and
WHEREAS, the proposal consists of detachment of the site from the North Kern Water
Storage District; 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:
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 north of Snow Road, generally east of Allen Road/Zerker 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.
ORtGINA[
8.
9.
10.
11.
That this proposal for change of organization, to wit, annexation, is made pursuant to
the Codese-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, an
Ordinance was adopted on April 27, 2005, an Initial Studywas conducted and itwas
determined that the proposed project would not have a significant effect on the
environment. A Negative Declaration was prepared and posted on November 7,
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 Gennare
City Attomey
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
ORIGINAl
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.
3
ORIGINAl.
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 APR ~. ?
by the following vote:
A~ AYE,~ COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
ABSTAIN: COUNCiLMEMBER
ABSENT: COUNCiLMEMBER
APPROVED
PAMELA A. McCARTHY, CMC (I
CITY CLERK and Ex Officio Clerk of-the
Council of the City of Bakersfield
MAYOR 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
March 29, 2005
S:~Annexation\Res of Applic~ann484,roa.doc
OF~JGINAL
EXHIBIT "A"
CITY ANNEXATION NO. 484
SNOW # 2 ANNEXATION
BEING A PORTION OF LOT LINE ADJUSTMENT NO.117-99 AS PER
CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO.0200108030,
O.R. IN TI-IE OFFICE OF THE KERN COUNTY RECORDER, WITHIN THE WEST
HALF OF SECTION I,ANDALSO BEING A PORTION OF THE NORTH HALF OF
SECTION 12, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE
AND MERIDIAN, IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 1, T.29 S., R.26E.,
M.D.B.&M., A CONCRETE MONUMENT, ALSO BEING THE POINT OF
INTERSECTION OF THE CENTERLINES OF ALLEN ROAD (CO. RD. NO. 67 &
843) AND SNOW ROAD (CO. RD. NO 843), SAID CORNER BEING CALCULATED
AS 2343666.65 FEET NORTH AND 6220401.38 FEET EAST PER CALIFORNIA
COORDINATE SYSTEM (N.A.D 83.), ZONE 5:
THENCE(I) NORTH 00° 03' 59" EAST ALONG THE WEST LINE OF SAID
SECTION I A DISTANCE OF 1900.27 FEET TO THE NORTHWEST CORNER OF
PARCEL "B" OF SAID LOT LINE ADJUSTMENT No. 117-99;
THENCE(2) SOUTH 89° 56' 01" EAST ALONG THE NORTH LINE OF SAID
PARCEL "B" A DISTANCE OF 516.09 FEET TO THE NORTHEAST CORNER OF
SAID PARCEL "B".:
THENCE(3) SOUTH 00° 04' 26" WEST ALONG THE EAST LINE OF PARCELS
"B,C,D, AND E" OF SAID LOT LINE ADJUSTMENT A DISTANCE OF 1900.34
FEET TO THE CENTERLINE OF SAID SNOW ROAD;
THENCE(4) CONTINUING SOUTH 00° 04' 26" WEST A DISTANCE OF 30.0 FEET
TO THE SOUTHERLY RIGHT OF WAY OF SAID SNOW ROAD AND THE CITY
OF BAKERSFIELD CORPORATE BOUNDARY LINE;
THENCE(5) NORTH 89° 55' 34" WEST PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 1 (AND ALONG SAID CORPORATE BOUNDARY LINE), A
DISTANCE OF 485.84 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY
OF SAID ALLEN ROAD;
PAGE 1 OF 2
ORIGINA~
THENCE(6) NORTH 00° 04' 26" EAST A DISTANCE OF 30.00 FEET TO A POINT
ON THE SOUTHLINE OF SAID SECTION 1, ALSO BEING THE CENTER. LINE OF
SAID SNOW ROAD;
THENCE(7) NORTH 89° 55' 34" WEST ALONG SAID SOUTH LINE A DISTANCE
OF 30.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID
SECTION 1, THE POINT OF BEGINNING.
CONTAINING 22.50 ACRES MORE OR LESS.
GLY~N D PARKER LS. 4831
CHECKED by
KERN COUNTY S~/?VEYORS OFFICE
Date '~-] £-0 ~ .
PAGE 2 OF 2
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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 development
including 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 (roads,
fire hydrants, mains, etc.): If so, would city/district or developers 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 upgrading or chanqe in facilities will be required in the territory for
annexation.
Indicate and explain existing zoning in affected territory. The territory is presently zoned NR (5}
(Natural Resource} PD (Precise Development Combining}.
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 correspondinq to 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 charges for street sweepinq, leaf collection,
street lightinq 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 $50,000.00?
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 existinq annexation area is
not subiect to a Williamson Act Contract.
Y:~ANNEXATION~Annex 484\Exhibit C.DOC