HomeMy WebLinkAboutRES NO 042-10
RESOLUTION NO. 042- 10
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD AS ANNEXATION NO. 613
LOCATED SOUTH OF MCKEE ROAD, ALONG THE WEST
SIDE OF STATE ROUTE 99. (WARD 7).
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 McKee
Road, along the west side of State Route 99; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, the property owners of the territory have 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:
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" for
the project attached hereto and made a part of this resolution as though fully set
forth herein, located south of McKee Road, along the west side of State Route 99.
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 the City desires to receive tax revenues for benefits given and to be given to the
territory proposed to be annexed.
5. That for this proposed annexation territory and the prezoning therefore was adopted
by the City Council and an environmental document for the annexation is determined
to be adequate for the annexation proposal.
6. That the laws and regulations relating to the preparation and adoption of a negative
declaration 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-Hertzberg 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:
Roberta Gafford
City Clerk
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, CA 93301
Virginia Gennaro
City Attorney
City of Bakersfield
1600 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
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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 „ w
by the following vote:
ell,
AYPS: COUNCILMEMBER: CAR ON, BENHAM, WEIR, COUCH, HA ON, SULL V N, SCR ER
COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR U 7 2
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
EXHIBITS: A - Legal Description
B - Map
C - Plan for Services
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S:\Annexation\Res of Applic\ROA 613.doc
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EXHIBIT "A"
ANNEXATION No. 613
McKEE No. 7
TO THE CITY OF BAKERSFIELD
That portion of Lot 17 and Lot 18 per Sales Map No. 1 of Land of J. B. Haggin
filed May 5, 1889 in the office of the Kem County Recorder also being within the
Southeast quarter of Section 36, Township 30 South, Range 27 East, Mount
Diablo Base and Meridian, within the County of Kem, State of California, more
particularly described as follows:
Commencing at the East quarter comer of said Section 36 said point also being
the centerline intersection of McKee Road (Co. Rd. No. 782) and South "H"
Street (Co. Rd. No. 15 & 40); thence North 89°08'18" West, along the mid-
section line of said Section 36, also being the centerline of McKee Road (Co. Rd.
No. 782) a distance of 1321.56 feet to Northwest comer of Parcel "A" of Lot Line
Adjustment No_ 26-00 per that certain Certificate of Compliance recorded
October 20, 2000 as Document No. 0200134151; thence South 00°36'40" West,
along the West line of said Parcel "A" a distance of 567.84 feet to the Northwest
comer of Parcel "B" of said Certificate of Compliance also being a corner of the
existing city corporate boundary and the TRUE POINT OF BEGINNING;
Thence along the existing city corporate boundary the following seven courses:
Thence (1) South 89°08'18" East along the North line of said Parcel "B" a
distance of 291.29 feet to the Northeast comer of said Parcel "B"
also being on the West right of way of State Freeway 99 (U.S. RT.
VI-KER-99);
Thence (2) South 11 °32'00" East along said East line of said Parcel "B" and
West right of way of State Freeway and a distance of 95.33 feet to
the North line of said Lot 18;
Thence (3) continuing South 11 °32'00" East along said East line of said Parcel
"B" and West right of way of State Freeway and a distance of
282.81 feet;
Thence (4) South 08°39'14" East along said East line of said Parcel 613" and
West right of way of State Freeway and a distance of 390.16 feet to
the Southeast comer of said Parcel "B" point also being on the
South line of said Lot 18;
Thence (a) North 89°05'47" West along the South line of said Parcel "B" and
Lot 18 a distance of 433.66 feet to the Southwest comer of said
Parcel "B";
Page I of 2
S ANNEXATIO"nnex 613\EXHISIT A.doc ✓
Thence (6) North 00°36'40" East along said West line of Parcel "B" a distance
of 660.75 feet to the Northwest comer of said Lot 18;
Thence (7) continuing North 00°36'40" East along said West line of Parcel "B"
and Lot 17 a distance of 93.06 feet to the Northwest corner of said
Parcel "B" and the TRUE POINT OF BEGINNING.
Containing 6.36 Acres.
END OF DESCRIPTION
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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 future
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 pavs for major facilities and
dedicates them to the City. No upgrading or change in facilities will be required in the territory for
annexation.
3. Indicate and explain existing zoning in affected territory. The territory is currently zoned County A
(exclusive agricultural).
4. Indicate and explain proposed pre-zoning 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
acted pre- zone per Ordinance 4552 of R-1-CH (one family dwelling - church) zone
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 The
present City refuse collection rate is substantially lower than fees county residents now gay to
independent companies No special assessments or charges for street sweeping leaf collection
street lightina enerov costs and fire hydrants when located within the City's incorporated area
City government also provides increased political representation for the residents within the
co „ rate limits.
6. Please provide the following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existing area tax rates are (061-018) 1.089300% of the
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 2009-2010 County
Auditor-Controllers 2009 Lien Date).
7. Would affected area be subject to any bonded indebtedness of the city/district?: If so, explain.
No the City bounded indebtedness has been [)aid off and the current 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 Properly 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? No. the existing annexation area is
not subject to a Williamson Act Contract.
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