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HomeMy WebLinkAboutRES NO 040-03RESOLUTION NO. 0 Z~ 0 ' 0 3 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 445 LOCATED ALONG THE EAST SIDE OF GOSFORD TO ASHE ROAD, NORTH OF MCCUTCHEN ROAD. (WARD 6). 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 territory 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 along the east side of Gosford Road to Ashe Road, north of McCutchen Road. 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. 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. 10. 12. 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. That for this proposed annexation territory and the prezoning therefore, 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. 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. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to Section 56046 of the Government Code. That the territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence Boundary. 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. 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: Pameta 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 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. ......... 000 ......... 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 MAR ]_ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCiLMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ¢'-~-~.---~' PAMELA A. McCARTHY, C~lC CiTY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form BART J. THILTGEN City Attorney MO:djl December 30, 2002. S:~Annexation\Res of Applic~ann445.roa.doc 3 EXHIBIT "A" MCCUTCHEN NO. 1 ANNEXATION NO. 445 That parcel of land being portions of Sections 28, 29, 32, 33 and 34 of Township 30 South, Range 27 East, MD.M, County of Kern, State of California, more particularly described as follows: Commencing at the northwest corner (monumented) of said Section 33; Thence S 89° 01' 13" E, along the north line of northwest ¼ of said Section 33, a distance of 30.00 feet; Thence S 00° 21' 01" W, 30.00 feet to the point of intersection of the south right of way line of McCutchen Road (Co. Rd. No. 1222) and the east right of way line of Gosford Road (Co. Rd. No. 238), said point being on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, N 89© 09' 32" W, 60.00 feet to the point of intersection of the south right of way line of McCutchen Road (Co. Rd. No. 35) and the west right of way line of said Gosford Road (in said Section 32); Thence (2) N 00° 28' 23" E, 60.00 feet to the point of intersection of the north right of way line of said McCutchen Road and the west right of way of Gosford Road (Co. Rd. No. 35 & 40) in said Section 29; Thence (3) S 89° 17' 50" E, along said north right of way line of McCutchen Road, 30.00 feet to meet the west line of said Section 28; Thence (4) S 89° 01' 13" E, 30.00 feet to the point of intersection of the north right of way line of McCutchen Road and the east right of way line of Gosford Road; Thence (5) N 00° 35' 45" E, along said east right of way line (east line of west 30 feet of said Section 28) a distance of 2605.05 feet to meet the east/west mid-section line of said Section 28, also being a point on the existing corporate boundary of the City of Bakersfield; Thence (6) S 88° 59' 27" E, along said mid-section line (and corporate boundary) 5225.15 feet to meet the west right of way line of Ashe Road (Co. Rd. No. 199); Thence (7) S 00° 24' 35" W, along said west right of way line (west line of east 30 feet of said Section 28) and corporate boundary line, 2632.19 feet to meet the south line of said Section 28; -1- G/GROUPDAT~Ron/2003/EXHIB~T A Annex 445 doc Thence (8) S 89° 01' 23" E, along said section line and corporate boundary line, 30.0 feet to meet the southeast corner of said Section 28; Thence (9) S 89© 01' 23" E, along the north line of said Section 34 and corporate boundary line, 30.0 feet to meet the east right of way line of Ashe Road (Co. Rd. No. 199); Thence (10) S 00° 25' 26" W, along said east right of way line (east line of the west 30 feet of said Section 34), 30.0 feet; Thence (11) N 89° 01' 17" W, 60.00 feet to the point of intersection of the south right of way line of McCutchen Road and the west right of way line of Ashe Road, also being a point on the existing corporate boundary of the City of Bakersfield; Thence (12) N 89° 01' 23" W, along said south right of way line (south line of the north 30 feet of said Section 33) and corporate boundary line, 2616.99 feet; Thence (13) N 89° 01' 13" W, along said south right of way line (south line of the north 30 feet of said Section 33) and corporate boundary line, 2616.65 feet to the TRUE POINT OF BEGINNING. Containing 319.88 acres (more or less) G/GROUPDA~Ron/2003/EXHIBIT A Annex 445 doc ANNEXA llON NO. 445 RESOLUHON NO. ANNEXA T/ON OF Mc CUTCH~N No. 1 ~AKERSFIELD EXHIBIT 'B' ANNEXATION NO. 445 (McCUTCHEN NO. 1) PLANS FOR PROVIDING SERVICES SERVICES AGENCY WHICH CHECK SERVICES WHICH INDICATE HOW SERVICES PRESENTLY PROVIDES CITY/DISTRICT WILL PROVIDE PROVIDED BY CITY/DISTRICT WILL BE SERVICE Upon Annexation Future Date FINANCED (I.E., GENERAL TAX RATE OR (Specify) SPECIAL ASSESSMENT.) i Planning GENERAL TAX REVENUES COUNTY CITY Parks and CITY GENERAL TAX REVENUES Recreation Library COUNTY N/A Police Protection SHERIFF & HIGHWAY CITY GENERAL TAX REVENUES PATROL Fire Protection CITY & COUNTY CITY & COUNTY GENERAL TAX REVENUES, FIRE FUND (SEE PAGE 2) Street COUNTY & CITY CITY GENERAL AND GAS TAX REVENUES Construction COUNTY BY PRIVATE DEVELOPMENT Maintenance COUNTY & CITY - 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 CITY USER FEE Other (REFUSE) CITY USER FEE G:\GROUPDAT\Ron\ 20~3\ Exhibit C - Annex 445.doc 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.) Service Level Capacity Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. pi ~grams, etc. POLICE-All police services in the City of Bakersfield are administered through the City Police Department located at the s/w comer of Truxtun Avenue and Eye Street approximately 9 miles northeast of the annexation. FIRE-Service to the east half of the area will be provided by City Station No. 13 located on the west side of Stine Road south of Panama Lane and the west half will be served by County Station No. 53 located on the south side of Taft Hwy., east of Old River 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 - Upon development of residential areas, the adopted City standard provides a minimum of 2.5 acres of park space per 1,000 population or in-lieu fees. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west of 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 right of way. SEWER-City trunk sewers are located in Gosford Road, Ashe Road and McCutchen Road along the entire length of three sides of the territory. These lines are directed to City Wastewater Treatment Plant No. III. WATER-The territory will be accepted for service by the City of Bakersfield Ashe Water Division. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces 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 protecfion 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 Will not affect existing level of service. 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. 2 Ill. What effects, ff any, would murexation 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, otc)? The annexation of this territory will have mim~nal affect on the near term level or capability of the City to provide needed services. The territory is now undeveloped and ad d itional pohce officers should not be required to maintain the current level of city service. Annexation of the county road (McCutchen Rd.) within the territory will have very minimal affoct on the f~ture maintenance responsibility of the City and should not affect the existing level of service. IV. Would city/district require any upgrading or change fl~ facilities to serve affected territory (roads, fire hydrants, mains, etc.): If so, would city/district or residents be responsible for financing? No, ff any additional development occurs, the developer 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. V. Indicate and explain existing zoning in affected territory. The subject territory is presently zoned County A (Exclusive Agriculture) Zone. V1. Indicate and explain proposed prezonmg 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 A (Agriculture) Zone. VII. 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 maimer than present County Sheriff services. The present City refuse collection rate/s substantially lower than foes 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. VIII A. Please provide the following fuformation relative to city/district and county taxes: List ex£sting tax rate(s) in area. The existing tax rate in the major portion of the area equals 1.053002% of assessed market value. This represents the total property tax rate. When mmexed 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 is for County Auditor-Controller 2002 Lien Date). B. Wouldaffectedareabesubjecttoanybondedindebtednessofthecity/district: If so, explain. No, the last hsted (1992-93) City bonded indebtedness bas been paid off and the current tax rate list shows no city bonded indebtedness. C. 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. n~ 0 ANNEXATION NO. 445 CITY 27 i T30S, R27E 20301