HomeMy WebLinkAboutRES NO 075-01RESOLUTION NO. 0 ~' 5 ' 0 ]
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 423 LOCATED AT THE
SOUTHEAST CORNER OF CASTRO LANE AND TALISMAN
DRIVE. (WARD 7)
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 15, 1997, and THURSDAY, DECEMBER t8, 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. 110-97 on December 18, 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 property owner has agreed to annex to the City; and
WHEREAS, the City has agreed to serve the property upon annexation; 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 UB" attached hereto
and made a part of this resolution as though fully set forth herein, located at the southeast
comer of Castro Lane and Talisman Drive.
2. 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.
3. 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.
4. 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~lae-
City desires to receive tax revenues for benefits given and to be given to the territory pro~§ed
to be annexed.
5. That for this proposed annexation and the prezoning therefor, 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.
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 one hundred percent (100%) consent 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 property owner shall, prior to the completion of the annexation,
obtain approval from the County for a lot line adjustment or other approval necessary to create
a legal addition of property to the territory to be annexed.
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
Bart Thiltgen
City Attorney
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
11. 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 2700 "M" Street, Suite 302, Bakersfield, California 93301.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the Citv of Bakersfield at a regular meeting thereof held on
JUN ~_3 2001 , by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH. HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio ~'~erk of the
Council of the City of Bakersfi~'d
APPROVED JUN 13
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By: ~
MO:pah
EXHIBIT 'A'
ANNEXATION No. 423
"CASTRO No. 5"
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION
1, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF
KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, SAID POINT OF
COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF WIBLE ROAD
(COUNTY RD. No. 246) AND MING AVENUE (COUNTY RD. No. 279), SAID POINT OF
COMMENCEMENT HAVING CALCULATED COORDINATES OF NORTHING 2,311,466.57
FEET AND EASTING OF 6,251,801.63 FEET PER CALIFORNIA COORDINATE SYSTEM
(N.A.D. 83), ZONE 5;
THENCE SOUTH 89 DEGREES 54 MINUTES 15 SECONDS EAST, 1324.49 FEET ALONG
SAID CENTERLINE OF MING AVENUE TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF CASTRO LANE (COUNTY ROAD No. 50);
THENCE NORTH 00 DEGREES 11 MINUTES 30 SECONDS EAST ALONG SAID
CENTERLINE OF CASTRO LANE, 525.00 FEET TO A POINT OF INTERSECTION WITH THE
EXISTING CORPORATE BOUNDARY LINE OF THE CITY OF BAKERSFIELD;
THENCE SOUTH 89 DEGREES 54 MINUTES 15 SECONDS EAST ALONG LAST SAID
CORPORATE BOUNDARY LINE, 30.00 FEET TO A POINT ON THE EAST RIGHT OF
WAY LINE OF SAID CASTRO LANE AND THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION;
THENCE (1) NORTH 00 DEGREES 11 MINUTES 30 SECONDS EAST ALONG SAID
CORPORATE BOUNDARY AND LAST SAID EAST RIGHT OF WAY LINE, 85.58 FEET TO
THE BEGINNING OF A 20 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST;
THENCE (2) NORTHEASTERLY ALONG SAID CORPORATE BOUNDARY AND LAST SAID
CURVE THROUGH A CENTRAL ANGLE OF 89 DEGREES 54 MINUTES 13 SECONDS AN
ARC DISTANCE OF 31.38 FEET TO A POINT OF TANGENCY WITH THE SOUTH RIGHT
OF WAY LINE OF TALISMAN DRIVE (COUNTY RD. No. D-476);
THENCE (3) CONTINUING ALONG SAID CORPORATE BOUNDARY LINE AND ALONG
LAST SAID SOUTH RIGHT OF WAY LINE SOUTH 89 DEGREES 54 MINUTES 32 SECONDS
EAST, 105.04 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF
LAND DESCRIBED BY QUITCLAIM DEED BY LOUISE HATCHER, RECORDED OCTOBER
22, 1992 IN BOOK 6750, PAGE 2187 OF OFFICIAL RECORDS, IN THE OFFICE OF TH~
COUNTY RECORDER OF SAID COUNTY, ALSO BEING A POINT ON THE EAST LINE OF
THE WEST 125 FEET OF SAID LOT 44;
THENCE (1) DEPARTING SAID CORPORATE BOUNDARY LINE SOUTH 00 DEGREES 11
MINUTES 30 SECONDS WEST ALONG LAST SAID EAST LINE, 156.55 FEET TO A POINT
OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 444 FEET OF SAID LOT 44
AND THE SOUTHEAST CORNER OF THE AFORE DESCRIBED HATCHER PARCEL
RECORDED IN BOOK 6750, PAGE 2187 OF OFFICIAL RECORDS;
THENCE (2) NORTH 89 DEGREES 54 MINUTES 23 SECONDS WEST ALONG LAST SAID
NORTH LINE AND THE SOUTH LINE OF THE AFOREMENTIONED HATCHER PARCEL,
125.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SAID CASTRO LANE;
THENCE NORTH 00 DEGREES 11 MINUTES 30 SECONDS EAST ALONG LAST SAID EAST
RIGHT OF WAY LINE, 51.00 FEET TO A POINT ON AFORESAID EXISTING CORPORATE
BOUNDARY LINE AND THE TRUE POINT OF BEGINNING.
CONTAINING 19,482 SQUARE FEET
ALL BEARING AND DISTANCES ARE RECORD OR CALCULATED FROM SURVEY
PER RECORD OF SURVEY FILED IN RECORD OF SURVEY BOOK 19, PAGE 49.
KINGSLEY LANE +~
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~[X~TIO~ ~0. 4~3 [X~ISIT "8"
..co.o=~,. CI~ OF BAKERSFIELD
KERN COUP, CAUi~:A ENGINEERING DEPARTMENT
ANNEXATION NO. 423
(CASTRO NO. 5)
PLAN FOR PROVIDING SERVICES
SERVICES Agency Which Presently Provides Check Services Which City/District Indicate How Services Provided By
.Service Will Provide City/District will be Financed (i.e.,
general tax rote or special assessment.)
Upon Future Date
Annexation (specify)
Planning COUNTY CITY GENERAL TAX REVENUES
Parks and Recreation COUNTY CITY GENERAL TAX REVENUES
Libra~ COUNTY N/A
Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES
Fire Protection CITY CITY GENERAL TAX REVENUES, FIRE
FUND
Street COUNTY CITY GENERAL AND GAS TAX
REVENUES
ConsWaction BY PRIVATE DEVELOPMENT
Maintenance COUNTY CITY GENERAL AND GAS TAX
REVENUES
Sweeping CITY GENERAL AND GAS TAX
REVENUES
Lighting CITY GENERAL TAX REVENUES
Flood Control COUNTY CITY GENERAL TAX REVENUES
Sewerage CITY USER FEE
Water CALIFORNIA WATER SERVICE C1TY USER FEE
CO.
Other (REFUSE) PRIVATE CONTRACTOR CITY USER FEE
G:XGROUPDAT~IegalX2001 ~anex423 ExhC
~,
EXHIBIT "C"
EXHIBIT "C"
1. Please provide the following information, when applicable, only for service which will be provided by the applicant city.
Location
Indicate location from which service
will be provided (i.e. nearest fire
station, library, etc.) response time for emer
POLICE-AIl police services in the City of Bakersfield are administered through the City Police
Department located at the s/w comer of Tmxtun Avenue and Eye Street approximately 7 miles
northeast of the annexation.
Service Level Capacity
Indicate frequency and availability
of service (i.e., street sweeping,
acy services, rec. progxanas, etc.
FIRE-Service will be provided by City Station No. 7 located at the northeast comer of Akers Road
and Sormno Avenue pursuant to exchange wherein City protects certain property within the County's
jurisdiction. Thus, the City does incur the cost of providing fire protection and the fire fund
collection from the City's taxpayers must be transferred to the City.
PARKS AND RECREATION - The City's Wilson Park is approximately ½ mile south of the area at
Wilson Road and Hughes Lane.
LIBRARY-N/A
STREETS-The City Corporation yard on Truxtan Avenue west Fwy. 99 will provide necessary
facilities, personnel and services to accommodate Public Works efforts.
CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Maintenance and personnel will
be dispatched from the City Yard on a regular basis for preventative maintenance as needed. Repair
includes streets, constmcted/raaintenance, sweeping and lighting in those areas that will become City
right of way.
SEWER-A City trunk sewer is located in Castro Lane adjacent to the area. This line is directed to
City Wastewater Treatment Plant 2.
WATER-The territory will continue to be served by California Water Service Company.
OTHER-(Refuse)-When annexed, service will be provided by the City either by City fomes or by
contracts with a franchise refuse collector.
24 hour patrol is provided in the immediate vicinity
of this annexation. First priority response is
approximately 7.00 minutes or less.
Fire protection is provided on a 24-hour basis. The
annexation will not affect City or County Fire
service capability or response time.
City neighborhood parks are open to the public at
reasonable hours.
N/A
There will be no reduction in the range capacity of
the City to provide the necessary public work
services to this area. Services will be on a regular
basis and "as needed".
Adequate capacity exists.
Adequate capacity exists.
City refuse pickup is twice a week.
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11I.
IV.
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 should have no affect on the near term level or capability of the City to provide needed services.
The territory consists of one residential lot and additional police officers should not be required to maintain
the current level of city 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? No, the applicant
provides and pays for maior facilities and dedicates them to the City. No upgrading or change in facilities
will be required in the territor~ for annexation.
Indicate and explain existing zoning in affected territory. The subiect territory is presently zoned County R-S
(Residential Suburban Combining) Zone.
VI.
VII.
VIII
A.
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 the corresponding City R-S (Residential Suburban) 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. CiW Police should be able to respond
in a more timely manner than present County Sheriffservices. 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 sweeping, leaf collection, street lighting energy costs and fire hydrants when located
within the City's right of way. CiW government 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 maior portion of the area equals 1.149189% of
assessed market value. This represents the total property tax rate. When annexed a designated 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 2000-01) County Auditor-Controller Tax Rate List).
Would affected area be subject to any bonded indebtedness of the city/district: lfso, explain. No, the last
listed (1992-93) City bounded indebtedness has been paid offand the current (2000-01 ) tax rate list shows
no city bonded indebtedness.
How will the difference in tax rates affect a property with a market value of $50,000.007
The property rate will not increase due to annexation and re-assessment will not occur due to annexation.
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