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HomeMy WebLinkAboutRES NO 128-10RESOLUTION NO. 1 2 8` 10 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 632 LOCATED ALONG THE SOUTH SIDE OF SEVENTH STANDARD ROAD, BETWEEN THE CALLOWAY CANAL AND ALLEN ROAD. (WARD 4). 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 along the south side of Seventh Standard Road, between the Calloway Canal and Allen Road; and WHEREAS, the City has agreed to serve the territory upon annexation; and WHEREAS, the property owner 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 along the south side of Seventh Standard Road, between the Calloway Canal and Allen Road. 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 F, adopted by the City Council and a notice of exemption for the annexation is determined to be adequate for the annexation proposal. > } v 6. That the laws and regulations relating to the preparation and adoption of a notice of exemption 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 not 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-------- 2 r; 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 NOV 0 3 2010 , by the following vote: AYE NOES: ABSTAIN: SENT COUNCILMEMBER Wtir CARSON, BENHAM, COUNCILMEMBER 0taaQ COUNCILMEMBER IncDn'o COUNCILMEMBER C V ~"f iA~& - ROBERTA GAFFORD, C CITY CLERK and Ex Offi I Clerk of the Council of the City of Bakersfield APPROVED NOV 0 3 2010 HARVEY L. HALL MAYOR of the City of APPROVED AS TO FORM: VIRGINIA GENNARO <'itv Attnmimv By d EXHIBITS: A - Legal Description B-Map C - Plan for Services D - Notice of Exemption 3 d, SULLIVAN, SCRIVNER 4Q,AK~,;, a EXHIBIT "A" LEGAL DESCRIPTION ANNEXATION NO. 632- 71a STANDARD NO.1 TO THE CITY OF BAZ ERSFIELD REORGANIZATION TO THE NORTH OF RIVER SANITARY DISTRICT NO.1 ANNEXATION NO. _ PARCEL A OF LOT LINE ADJUSTMENT 21-04, AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED AS DOCUMENT NO. 0206007675 OF OFFICIAL RECORDS, DATED JANUARY 11, 2006 IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING A PORTION OF SECTION 1. TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.B.&M., COUNTY OF KERN. STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 89° 51' 39" EAST, A DISTANCE OF 1208.70 FEET, TO THE NORTHWEST CORNER OF SAID PARCEL A, ALSO BEING THE TRUE POW OF BEGINNING, SAID POINT BEING ON THE CITY BAKERSFIELD CORPORATE BOUNDARY LINE; (1) THENCE DEPARTING SAID CORPORATE BOUNDARY LINE, SOUTH 89° 51'3V EAST ALONG SAID NORTH SECTION LINE, A DISTANCE OF 1425.75 FEET, TO A POINT ON SAID CORPORATE BOUNARY LINE; (2) THENCE SOUTH 00° 01'21" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE BOUNDARY OF PARCEL "A" OF LLA 21-04, A DISTANCE OF 1000.00 FEET, (3) THENCE SOUTH W 51'54" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE BOUNDARY OF PARCEL "A" OF LLA 21-04, A DISTANCE OF 1964.88 FEET, TO THE CENTERLINE OF THE CALLOWAY CANAL; (4) THENCE SOUTH 02° 19'59" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 142.39 FEET; (5) THENCE SOUTH 05° 26'01" EAST, ALONG SAID CORPORATE BOUNDARY L NE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 184.97 FEET; (6) THENCE SOUTH 19° 01'01" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL., A DISTANCE OF 6756 FEET; (7) THENCE SOUTH 29° 47'01" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL,, A DISTANCE OF 77.50 FEET; (8) THENCE SOUTH Ar 26'31" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 93.72 FEET; (9) THENCE SOUTH 49° 34'01" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 195.40 FEET; (10) THENCE SOUTH 44° 10' 01" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL„ A DISTANCE OF 93.62 FEET; oQ~PK£9 cP~ r c.7 C> OPIGiNAI (1 1) THENCE SOUTH 27° 36' 31" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALI.OWAY CANAL, A DISTANCE OF 134.35 FEET; (12) THENCE SOUTH 13° 41' 31" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 76.42 FEET; (13) THENCE SOUTH 02° 30' 28" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CAL LOWAY CANAL, A DISTANCE OF 71.30 FEET; (14) THENCE SOUTH 14° 49' 58" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 74.84 FEET; (15) THENCE SOUTH 22° 04'58" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 80.31 FEET; (16) THENCE SOUTH 25° 3058" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 263.10 FEET; (17) THENCE SOUTH 17° 34'58" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOWAY CANAL, A DISTANCE OF 295.68 FEET, (18) THENCE SOUTH 14° 12'58" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE CENTERLINE OF THE CALLOW AY CANAL„ A DISTANCE OF 504.78 FEET; (19) THENCE SOUTH I V 14'58" WEST, ALONG SAID CORPORATE BOUNDARY LIVE AND THE CENTERLINE OF THE CALLOW AY CANAL, A DISTANCE OF 158-57 FEET, TO THE SOUTH LINE OF PARCEL "A" OF LLA 21-04; (20) THENCE NORTH 77° 15'53" WEST, ALONG SAID CORPORATE BOUNDARY LIVE AND THE SOUTH LIVE OF PARCEL "A" OF LI.A 21-04, A DISTANCE OF 245.63 FEET (21) THENCE NORTH 89° 55' 33" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE SOUTH LINE OF PARCEL "A" OF LLA 21-04, A DISTANCE OF 740.13 FEET; (22) THENCE NORTH 00° 04' 2T' EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE SOUTH LINE OF PARCEL "A" OF LLA 21-04, A DISTANCE OF 456.97 FEET (23) THENCE NORTH 89° 55' 15" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE SOUTH LINE OF PARCEL "A" OF LLA 21-04, A DISTANCE OF 895.72 FEET; (24) THENCE NORTH 00° 00' 33" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE SOUTH LINE OF PARCEL "A" OF LEA 21-04, A DISTANCE OF 278.60 FEET; (25) THENCE NORTH 89° 55' 15" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND THE SOUTH LINE OF PARCEL "A" OF LLA 21-04, A DISTANCE OF 946.53 FEET, TO THE SOUTHWEST CORNER OF SAID PARCEL "A", AND THE EAST LINE OF PARCEL 1, PARCEL MAP 1464; (26) THENCE NORTH 000 02' 18" EAST, ALONG SAID CORPORATE BOUNDARY LINE AND THE EAST LINE OF SAID PM 1464, A DISTANCE OF 951.80 FEET, TO A 2" IRON PIPE; (27) THENCE NORTH 89° 55' 12" WEST, ALONG SAID CORPORATE BOUNDARY LINE AND SAID PM 1464, A DISTANCE OF 486.80 FEET, TO A 2" IRON PIPE; r cl (28) THENCE NORTH 00° 00'05" WEST, ALANG SAID CORPORATE BOUNDARY LINE AND THE FAST LJNE OF SAID PM 1464, A DISTANCE OF 1,560.41 FEET, TO THE TRUE POINT' OF BBGH04ING. CONTAINING 167.95 ACRES. GL D. PARKER LS. 4831 DATE CHWMby D 0 1 - A 9 7" Y131; 7 9 EXP. 9-30-7-010 D. 4. ~ N~e' l..S. 4831 \j C `C:A e O` x►+I le)\T a„ ANNEXATION NO. 632 7th STANDARD No. 1 " RESOLUTION NO. ANNEXATION TO THE CITY OF BAKERSFIELD, AND z", AppmAd by REORGANIZATION OF THE NORTH OF RIVER SANITARY DISTRICT NO.1 ANNEXATION NO. NNDDRSEC , 167.95 ACRES T209ME CITY OF SHAFTER , 71H STD RW NW COR SKI T20SFME WN COR SEC I T29SR25E VB (0) SM-51-JE 142575 CL 7th STANDARD RD-._ ANNEXATION 4F574 'ALLEN NO 15' TO TI-M CITY 0." eAlcewBl•1EL.o Fl0591C rT1ON No. CO-17 C:-~. Ofw N ooc 002060637 G, OA. ~wsueuc7oDEm9.ea~,rro 7anc,: vuFa6>r7ro7~,1w,cr $ ,m5,mu.lrra,vxl®1YC ~ I DB43Ml M®L56NN.P6101,OA Q N. P610DA :S ANNEXATION X455 ~ i - ar o or oe To g vL oge Lan Nm aRr. o CKOArlATIO cGFT. I , I OO 2 M OPL LRE C. ~-060,.96. C1L ~ aooa r gl °G PARCELS I PARCEL4 ffi PMW 1095 I i PMW 10.95 (2) S°PS,54E 1081.°8' I 700 ' NN•51'S4w I RD,LLgWVUALL I ~ ~ FI~ 7 g LLA21-04 SECTION 1 ` 8 PARCEL A T29SP26E 1~ L12 NE COR SEC t T22SR26E ~ N GL PARAER LS. 4831, E)(P. 6,410 6 ~U 9 i D {y, oa..-ao-2mo L4 4611 OF Cx\ LEGEND: EXISTING CORPORATE BOUNDARY 0 200 400 PROPOSED ANNEXATION BOUNDARY 9L9Nry99919L99L9919)9)LW SCALE: P 400. ROAD RIGHT-OF-WAY - r - - - SECTION LINES AM 53TO10-N Lt1 LIS I I ~ NLV (L2s) Nppoa33'E NoaL:71c« LWE -°'--L- 500'00854 OM)NWWIS'N 08512 k ! EN COR SEC, T29SR2SE T LLA 21-04 PARCEL PARCELS APN 53601423 , ANNEXATION 4F466 (u,)N00.55a1y9 74o.,s ) I TO h4E Cf1Y OF BA3CO MM EL.0 41BBOLLmc*4 No. 07-20 ^ CERT. OP cxDkm-.&T10W pOC. (l20)M587 Cm~ 4FZ07-2227l9D. O.R N/r16'SSW ~auudwv eueu 885 COR SEC I SNOW RD sa3'SS4i9' 2SiS.1~ SE COR 7R SEC , T209R25E LINE TABLE L97E LENGTH BEARING Lt 1{25.75' SN•51'NE L2 taar.ar sarol'21w LS 1854.97 SN•61'S4E u ,u.37 sDZ•1959w LS 164.9r 1)85'28V1E LB 57.55' 519 101 L7 77.50 WV47VIE U 9372 84WMIE N 195.40 54014,0,E L/0 9182 S44'1051E Lit ,N SS S2r3S31•E L12 75.42' SIF41'31E L13 71.30 S0203P2M 04 74.W Si4.49%M L15 85Ai' 82'Y01'S9•W LIS 26310 525.3055'W L17 205-0°' 81r34'B7W LIB 501.77 S,4',SN•W L12 158 ST S11'1457W L20 245.0.1' N7'r15WW L21 74013' 14169.6533w L22 485 97 NW-W27-12 L23 NS T2 N99.5815N8 L24 270.60 NW'WM L25 WS N' NN•55.16 W L28 951.50 N00'0YIM L27 485.90 NN•66'17W L20 1585A7' NN•00'05W NTS SW COR SEC, T20SR20E ~U0 Y 0131 VICINITY MAP ANNEXATION NO. 632 7'" STANDARD ROAD NO, 1 EXHIBIT "C" PLAN FOR PROVIDING SERVICES SERVICES Agency Which Pnssentiv Provides Check Services Which City/District Indurate How Services Provided By Service Will Provide Upon Future Date Annexation (mLecify) City/District will be Financed (I.e.. goeral tax rate or special assessment.) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation NORTH BAKERSFIELD RECREATION & PARKS DIST. NORTH BAKERSFIELD RECREATION & PARKS DIST. GENERAL TAX REVENUES Libra COUNTY COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping COUNTY CITY GENERAL AND GAS TAX REVENUES Lighting COUNTY CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage NORTH OF THE RIVER SANITARY DISTRICT NO. 1 CITY (See Page 2) USER FEE & PRVT. DVMT. Water CALIFORNIA WATER SERVICE COMPANY CALIFORNIA WATER SERVICE COMPANY USER FEE Other REFUSE COUNTY CITY USER FEE S:IANNEXATIOMMnex 6321Exhfbft C 632.DOC Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Service Level Capacity Indicate location from which service Indicate frequency and availability will be provided (i.e. nearest fire of service (i.e., street sweeping, station, library, etc.) response time for emergency services, rec. programs, etc. POLICE- Police services will be administered through Bakersfield Police 24 hour patrol is provided in the immediate vicinity of this Department located at the southwest comer of Truxtun Avenue and Eye Street annexation. First priority response is approximately 7.00 approximately 12 miles southeast of the annexation. minutes or less. EM-Service will be provided by County Station No. 61 at 6400 Fruitvale Fire protection is provided on a 24-hour basis. The Avenue pursuant to exchange wherein the County protects certain property annexation will not affect City or County Fire service within the City's jurisdiction. Thus, the County incurs the cost of providing fire capability or response time. protection and retains the fire fund collection from City's taxpayers pursuant to Joint Powers Agreement 05-329. PARKS AND RECREATION - The annexation project is within the jurisdiction of Neighborhood Parks (within the City and County) are the North Bakersfield Recreation and Parks District and is subject to all adopted open to the public at reasonable hours. requirements and standards of the district. LIBRARY-Area is served by Kern County Library System. Existing libraries are open to the public at reasonable hours STREETS The City Corporation Yard at 4101 Truxtun Avenue will provide There will be no reduction in the range capacity of the City necessary facilities, personnel and services to accommodate Public Works to provide the necessary public work services to this area. efforts. Services will be on a regular basis and "as needed". CONSTR CTIONt IINTENANCE/SWEEPINGILI©iHTING Maintenance and (see above) personnel will be dispatched from the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting when located within the City's right of way. SEWER-The annexation area is within the service area boundary of the North of the River Sanitary District No. 1. WATER-The annexation is within the service boundary of California Water Service Company and no change will occur upon annexation. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. J 1 1 Jlr~ c`'S:IANNEXATIOMAnnex 632%Exhbd C 632.DOC 2 Adequate capacity exists. Adequate capacity exists. City refuse pickup is once or twice a week. 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 Ci to provide needed services Upon future development additional police officers would possibly b2 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 developers be responsible for financing? Na if any additional development occurs the developer provides and pays for maior facilities and dedicates them to the Citv No upgrading or change in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. County zoned the territory A (Agriculturel. 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 pre-zoned the annexation area per Ordinance 3819 to City A (Agriculture) Zone.. 5. List city/district services that area will directly or indirectly benefit from such as decrease in fire insurance rate. shorter ememencv response time, use of community facilities, etc. i Police 6. 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- 20010 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 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 reassessment 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 S:VINNEXAT*NAnnex 632%Exhbk C 632.130C 3 K<,n O Y ~ V ~.~~~~I 1NAl 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 112385% (Tax Rate EXHIBHT "D" NOTICE OF EXEMPTION A TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk, County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 FROM: City of Bakersfield Development Services Department-Planning Div. 1715 Chester Avenue Bakersfield, CA 93301 Project Title: Annexation of Pro a to the Ci of Bakersfield known as Annexation No. 632 Seventh Standard No. 1 Project Location-Specific: Located along the south side of Seventh Standard Road between the Calloway Canal and Allen Project Location-City: Bakersfield Project Location-County: Kern Description of Project: The annexation territory consists of 167,95-acres, generally located on the south side of Seventh Standard Road between the Calloway Canal and Allen Road The project site is surrounded by the City limits and the area is desi ated for urban uses. The site is currently undeveloped Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: City of Bakersfield Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); X Categorical Exemption. State type and section number. 15061 (b) (3) General Rule Statutory Exemptions. State code number. Reasons why project is exempt: The project proposes annexation of the land to the City of Bakersfield. No changes to land use or zoning are beingproposed at this time or with this action, this will be a change in jurisdiction only. This project is covered under the General Rule because the annexation of land where no changes to the existing land is proposed does not have the potential for causing harm to the environment Therefore a Notice of Exemption is appropriate for this action, the proposed activi is not subject to CE A. Lead Agency: Ci of Bakersfield Contact Person: Debbie Lewis Assistant Planner Area Code/Telephone/Extension: (661) 326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes X No Signature: Date: November 4, 2010 Title: Assistant Planner X Signed by Lead Agency - Signed by Applicant SAAnnexation\NoExemption\NOE 632.doe Date received for filing at OPR: J