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HomeMy WebLinkAboutRES NO 017-02RESOLUTION NO. 0 17- O~ ARESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 432 LOCATED AT THE SOUTHWEST CORNER OF OLIVE DRIVE 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 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 previsions 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 owA~E'~-, of the affected terr tory des re to rece ve municipal services from the C ty of Bakersfield, ar~the City desires to receive tax revenues for benefits given and to be given to the territory propped 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 FEB I~ ~.00Z , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SUELi~AT~,~;, SALVAGGIO COUNCILMEMBER ~ rb ~-~ ~ COUNCILMEMBER COUNCILMEMBER ,~:~L,l ~_~ ~J ~, CITY CLERK and Ex Officio Cl~j~k of the Council of the City of Bakersfield APPROVED FIB 6 ?002 HARVEY L. HALL [ MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILT/C~N MO:pah January 4, 2002 s:annexation~ann431 .ma 3 Exhibit "A" City of Bakersfield and North of the River Sanitary District No. 1 Reorganization Area "JEWETTA NO. 2" ANNEXATION NO. 432 That parcel of land being a portion of the southeast 1/4 of Section 12, Township 29 South, Range 26 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the east 1/4 comer of said Section 12, also being the point of intersection of the center lines of Jewetta Avenue (Co. Rd. No. 67 & 366) and Olive Drive (Co. Rd. No. 67), said point being a monumented 1/4 comer and calculated to be 2,340,957.276 feet North and 6,225,650.359 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence S 00° 48' 58" W, along the east line of said Section 12, a distance of 30.00 feet; Thence N 89° 18' 22" W, 30.00 feet to intersect the west right of way line of said Jewetta Avenue, said point also being on the existing corporate boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) S 00° 48' 58" W, along said west right of way line and corporate boundary line, 1292.49 feet to intersect the south line of Parcel 5 of Parcel Map No. 9826 filed for record in Book 44 of Parcel Maps, Page 131 in the Office of the Kern County Recorder; Thence (2) N 89° 17' 29" W, along the south line of said Parcel 5, a distance of 1289.90 feet to the southwest comer thereof; Thence (3) N 00° 49' 16" E, along the west line of said Parcel 5, a distance of 1292.16 feet to intersect the south right of way line of Olive Drive (Co. Rd. No. 67); Thence (4) S 89° 18' 22" E, along said south right of way line, 1289.79 feet to the TRUE POINT OF BEGINNING. Containing 38.27 acres (more or less) G:\GROUPDATLRon~2002~Jewetta No 2 Exhibit A.wpd ~ 29.09AC ' I I ,. ~(2) ..,____.j ~ ~ 62o.~ ,~-~ _ I ~I8.2~C~ ~ I~ ~8.~ ~ ~ ~ ~.? o ~9. I 4AC. ~8.27AC. :: 660.57 t I t I I I I( 1321./3 1519. 90 /289. ~0 PHOPOSED ANNEXATION ~ ~9. / 6~c. ~ 59./~c. ~ 5~27~ 1520.14 ~. ~. ~5 I~20.02 ~1~ 7290.0/ ~' , I.-I ..... ~7 /171 IITIIItr I IITY I I C ' I I I / I ~ , EXHIBIT "B" .~o.~ ,.__ Ci~ OF BAKERSFIELD ~*~ ~ '~ ,..~. *~ ,,.~ CALIFORNIA ~ ~IqINAt ANNEXATION NO. 432 (JEWETTA NO. 2) PLAN FOR PROVIDING SERVICES SERVICES Agency Which Presently Provides Check Services Which City/District lndicale How Services Provided By Service Will Provide City/District will be Financed (i.e., general mx rate or special assessment.) Upon Future Date Annexation (specify) Plannin/3 COUNTY CITY GENERAL TAX REVENUES Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION & PARK DIST. Libra ,fy COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protcclion COUNTY COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE FUND Slrccl COUNTY CITY GENERAL AND GAS TAX REVE~S Construction BY PRIVATE DEVELOPMENT Maintemmce COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Li[3htin[3 CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage NORTH OF THE RIVER USER FEE & PRVT. DVMT. SANITARY DISTRICT Water VAUGHN WATER SERVICE CO. USER FEE Oilier (REFUSE) PRIVATE CITY USER FEE G:\G ROUPI)AT~IegaI~2002~ANNX432.wpd EXHIBIT "C" 1. Please provide the following itfformatiou, wbeu applicable, ouly for service which will be provided by the applicant city. Location ludicate localiou from which service will beprovided (i.e. uearest fire station, libmry, etc.) POLICE-AIl police services in Ihe City of Bakersfield am administered lhmugh the City Police Departmenl located at Ihe sdw corner of Truxtun Avenue and Eye Street appmximalely 9 ~niles southeast of the annexation. FIRE-Service will be provided by Coonty Station No. 65 located al Ihe norlbeast corner of Rosedale Highway and Calloway Drive pursuanl to exchaoge wherein County prolecls certain properly withiu Ihe Cily's jnrisdiclion. Tiros, Ihe City docs incur the cosl of providing fire protection and the tim fund collecled from Ihe Cily's taxpayers ~nust be transferred Io the County. PARKS AND RECREATION - Tbe annexation project is wilbiu the jurisdiclion of Ihe North Bakersfield Rccrealion and Park District aud is Stl[~jecl Io all adopted requirements and slandards of the district. I,IIIRARY-N/A STREETS-The City Corporation yard on Truxluu Avenue wesl Fwy. 99 will provide oecessary facilities, personnel and services to accommodale Public Works efforts. CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Maintenance and personnel will be dispatcbed from the Cily Yard on a regular basis for preventative maialenance as needed. Repair includes slrccls, conslroctcd/maiutcaauce, sweeping and lighting when located wilbin the Cily's righl of way. SEWER-The territory is wilhin Iht service area bounda .fy of Iht Norlb of the River Sanitary District No, 1. The Dislrict has an exislmg lrunk sewer line in Olive Drive which is available to serve Ibc terrilory. WATER-The territory, is being sen,ed by the Vaughn Water Service Company and no change will occur upon annexation. OTHER-(Refuse)-Wben annexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. Service Level Capacity Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. programs, etc. 24 hour patrol is provided in the immediate vicinily of this annexation. First priority response is approximately 7.00 minutes or less. Fire protection is provided on a 24-hour basis. Tile aunexation will not affect City or County Fire service capability or response time. Exisling neighborhood Parks (City and Court .ty) are open to the public al reasonable bouts. N/A There will be no reduction in the range capacity of the City to provide the necessary public work services to this ama. Services will be ou a regular basis aud "as needed". Adequate capacity exists. Adequate capacity exists. City refuse pickup is twice a week. 1II. What effects, ffany, would annexation of this territor)' have on the existing level of city/district services (i.e., need for additional emergency ser*~ce persolmet or construction of new facilities, etc)? The annexation of this territory will not affect the near term level or capobilitv of the Cit-,' to provide needed services. At the IV. time of any future development, additional police officers may be required to maintain the current level of city service. The development of public streets and municipal facilities within the territory will increase the future maintenance responsibiliv,- of the City but should not affect the existing level of service. Would city/district require an5' upgrading or change in facilities to sei~'e affected territory. (roads, tim hydrants, mains, etc.): If so, would city/district or residents be responsible for financing? Private development provides and pays for major facilities and dedicates them to the City. No upgrading or change in facilities will be required in the territory for annexation. The territory is allowed to be developed for single family residential use. Indicate and explain existing zoning in affected territoD-. The subject territory is presently zoned County E (Estate) Zone which allows suburban single family residential occupanev on estate-size lots. Indicate and explain proposed pmzoning 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 Ci~' prezoned the corresponding County estate lots to City E (Estate One Family Dwelling) Zone which allows single-family residential occupancy on 10,000 sq. fl. minimum size lots. List city/district ser',-ices that area will directly or indirectly benefit from such as decrease in fire insurance rate, shorter emergency response time, use of community facilities, etc. Cit~- Police should be able to respond in a more timely manner than present County Sheriff services. The present City refuse collection rote is substantially lower than fees count~' residents now pav 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 incorporated area. City government also provides increased political representation for the residents within the corporate limits. Please provide the following information relative to cip,.Tdistrict and county taxes: List existing tax rote(s) in area. The existing tax rate in the area equals 1.104910% ofassessed market value. This represents the total propem- tax rote. When annexed a designated percentage of the total pmperW tax of the area will accrue to the City and remainder to the County for providing health care and social sep,'ices. 0Late as storm on 2000-2001 Counl~' Auditor-Controller Tax Rate List). Would affected area be subject to an3' bonded indebtedness of the city/district: If so, explain. No. the last listed (1992-93) City bounded indebtedness has been paid off and the current (2000-2001 ) 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 rote will not increase due to annexation and re-assessment will not occur due to annexation.