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HomeMy WebLinkAboutRES NO 012-02RESOLUTION NO. 0 ~. ~ "' 0 2 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 431 LOCATED AT THE NORTHWEST CORNER OF BRIMHALL ROAD AND JEWETTA AVENUE. (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, JULY 14, 1997, and THURSDAY, JULY 17, 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. 53-97 on July 17, 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 proposed annexation territory is within the Greater Bakersfield Separation of Grade District; and WHEREAS, the property owner in the annexation area have 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 "B" attached hereto and made a part of this resolution as though fully set forth herein, located at the northeast corner of Noriega Road 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 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 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: 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 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 2700 "M" Street, Suite 302, Bakersfield, California 93301. ......... O00 ........ 2 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 JAN 2 3 Z00Z , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ,~ ~5J~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN 23 2002 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS ~O FORM: BART J. THIL'rGEN City Attorne// By.j.,~.; ,~'~'c MO:pah December 17, 2001 s:annexation~ann431 .ma EXHIBIT "A" "Brimhall No. 9" Annexation No. 431 A parcel of land being a portion of the southeast quarter of Section 25, Township 29 South, Range 26 East, M.D.M., more particularly described as follows: Commencing at thc southeast comer of said Section 25, said comer being monumented by a "Found stone with + and drill hole, 18" deep" and being designated by conversion to be 2,322,475.636 feet North and 6,225,380.891 feet East, per the California Coordinate System, N.A.D. 83, Zone 5; Thence North 00© 48' 21" East, along the east line of said Section 25, a distance of 55.00 feet; Thence North 89© 15' 34" West, 30.00 feet to the point of intersection of the west right of way line of Jewetta Avenue (Co. Rd. No. 589) and the north line of the south 55 feet the southeast quarter of said Section 25, said point being on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) North 89© 15' 34" West, along said north line (and corporate boundary line), 629.90 feet to meet the west line of Parcel 4 of Parcel Map No. 4244, filed for record in Book 19 of Parcel Maps, Page 130 in the office of the Kem County Recorder; Thence (2) North 00© 48' 35" East along said west line (and corporate boundary line), 275.23 feet to the northwest comer of said Parcel 4; Thence (3) South 89© 14' 12" East, along the north line of said Parcel 4, a distance of 629.88 feet to meet the west right of way line of Jewetta Avenue, also being a point on the existing corporate boundary line; Thence (4) South 00© 48' 21" West along said west right of way line (and corporate boundary line), 274.97 feet to the TRUE POINT OF BEGINNING. Containing 3.98 acres (more or less) G:\G ROU PDATXRon\BdmhalINo9.wpd APN: 496-020-04 RNSBURY COURT AR~$T COURT PARCEL MAP NO. 4244 5 APN: 496-020-05 2 SEC. ~0 T. 29S. R. 27E. M.D.M. CITY BF BAKERSFIELD ANNEXATION NB, 379, 'BRIMHALL ND, 3,' RESOLUTION NO, RID3E~94, CERTIFICATE DF COMPLETION RECn 08-30-94, BOOK 7080, PAGE 2252, O.R. 7 APN: 496-020-06 8 J 9 (3) N.89'I4'I2'~2 629.88' APN: 496-020-07 4 (0 CITY OF BAKERSFIEL9 ANEXATION NO, 362, 'BRIMHALL NO, 1,' RESOLUTION NO, 76-92, CERTIFICATE DF COMPLETION RECORDED 06-05-92, BOOK 6684, PAGE 394, D.R ST SEC. LINE '~ 8RIMHALL ROAD '~$.£ COR. ~EC. (N. A. D. CITY OF BAKERSFIELD ANNEXATION NO, 331, 'ALLEN NO, 331,' RESOLUTION NO. 149-B9, CERTIFICATE DF COMPLETION RECORBEO 10-17-89, BOOK 6304, PAGE 236, D.R, LL RD PLAN FOR PROVIDING SERVICES ANNEXATION NO. 431 (BRIMHALL NO. 9) 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 rate or special assessment.) Upon Future Date Annexation (specif~) plannm[g COUNTY CITY GENERAL TAX REVENUES Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION & PARK DIST. Library COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE FUND Sweet CITY CITY GENERAL AND GAS TAX REVENUES Construction PRIVATE DEVELOPMENT Maintenance CITY CITY GENERAL AND GAS TAX REVENUES Sweeping CITY CITY GENERAL AND GAS TAX REVENUES LiShtm~ CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY/SEE PAGE 2) NO CHANGE USER FEE Water VAUGHN WATER CO. USER FEE Other (REFUSE) CITY USER FEE G:\G ROUPDA'I~Ron~Annex431 ExhC.wpd 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.) POLICE-All 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 6 miles easterly of the annexation. FIRE-Service will be provided by County Station No. 67 located at the south side of Brimhall Rd. east of Renfro Road pursuant to exchange wherein County protects certain property within the City'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 County. PARKS AND RECREATION - The annexation project is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to all adopted requirements and standards of the district. LIBRARY-N/A STREETS-The City Corporation yard on Tmxtun 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, constructed/maintenance, sweeping and lighting in those areas that will become City fight of way. SEWER-The territory has access to the existing city trunk sewer line in Jewetta Avenue which was conslructed as part of the City's Judkins Tnmk Sewer Extension and is tirected to City Wastewater Treatment Plant No. 3. WATER-The territory is being served by Vaughn Water Company. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces or by contracts with a franc, hiae refuse collector. Service Level Capacity Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. pro,rams, etc. 24 hour patrol is provided in the mediate 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. District Parks (City and County) 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. III. IV. VII. VIII A. 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 no effect on the near term level or capability of the City to provide needed services. Because of the small size of the area, any future subdividing or development would have very minimal effect on the level of City services. No additional police officers should 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 fmancing? Private development provides and pays for maior facilities and dedicates them to the City. No upgrading or change in facilities will be required in the territory for annexation. The adioining roads (Brimhalt Road and Jewetta Avenue) are already under city iurisdiction. Indicate and explain existing zoning in affected territory. The subiect territory is presently zoned County E (5) RS (Estate - 5 acre min. - Residential Suburban) Zone. 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 City RS-5A (Residential Suburban) Zone which is compatible with existing and proiected zoning and land uses in the surrounding area. 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 service. 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. City 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 major portion of the area equals 1.095760% of assessed market value. This represents the total properly 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/disWict: If so, explain. No, the last listed (1992-93) City bounded indebtedness has been paid offand the current (2000-01) tax rote list shows no city bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.00? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. PROPOSED ANNEXATION NO. 431 BRiMHAL~ PROPOSED KERN RIVER FREEWAY 36 LIBERTY HIGH SCHOOL T29S, P,26E T29S, R27E AVENUE R-$