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HomeMy WebLinkAboutRES NO 048-03RESOLUTION NO. 0 4 8 ' 0 3 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 446 LOCATED ALONG THE WEST SIDE OF OSWELL STREET, SOUTH OF STATE ROUTE 58. (WARD 1). 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 WHEREAS, the territory is owned by the County of Kern and is developed with the County sewage treatment plant facility; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it hereby finds and determines as follows: 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 west side of Oswell Street, south of State Route 58. 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. 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: 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 2 11. 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 2 $ Z00,] by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MACGARD, ~A,%'$O,%', SULLIVAN, SALVAGGIO COUNCILMEMBER t'~-(;~¢~-~ , COUNCILMEMBER COUNCILMEMBER MAR ~. 6 2003 APPROVED HARVEY L. HALL J Mayor of the City of Ba'kersfieid PAMELA A. McCARTHY, CM¢~/ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form BART J. THILTGE¢~.~. City Attorney /, MO:djl February 18, 2003. S:~Annexation\Res of Appllc~ann446.roa.doc 3 EXHIBIT "A' "OSWELL NO. ANNEXATION NO. 446 That parcel of land bcing the southeast ¼ of Section 3, T. 30 S., R. 28 E., M.D.M., County of Kern, State of California, more particularly described as fbllows: Beginning at the east ¼ comer (monmnentcd) of said Section 3, said ¼ corner also being a point on thc existing corporate boundary of the City of Bakersfield; Thence ( 1 ) departing f?om said corporate boundary, S 00° 36' 13" W, along the east line of thc southeast ¼ of said Section 3, a distance of 2658.22 feet to the southeast comer thereof; also being a point on said corporate boundary linc; Thcnce (2) N 89° 47' 50" W, along the south linc of said ¼ section and said corporate boundary line, 2659.92 feet to the southwest comer thereof; Thence (3) N 00° 48' 53" E, along the west line of said ¼ section and said corporate boundary line, 2664.14 feet to the northwest comer thereof'; Thence (4) S 89° 40' 16" E, along thc north line of said ¼ section, 2650.07 feet to the Point of Beginning. Containing 162.19 acres (more or less) 'B' ¢IT;' OF BAKERSFIELD ANNEXA~ON NO. 446 RESOLUTION NO, ANNEXA T/ON OF "C~VV~LL NO. 10" TO THE CITY OF BAKERSFIELD 162.19 ACRES ................... EX/STING CORPORAT~ BOUNDARY ........................... PROPOSED ANNEXATION BOUNDARY SERVICES Plamfing Parks & Recreation Library Police Protection Fire Protection Street Construction Maintenance Sweeping [righting Flood Control Sewerage Water Other (REFUSE) ANNEXATION NO. 446 (OSWELL NO. 10) PLANS FOR PROVIDING SERVICES AGENCY WHICtl PRESENTLY CHECK SERVICES WHIClt INDICATE HOW SERVICES PROVIDES SERVICE CITY/DISTRICT WILL PROVIDE PROVIDED BY CITY~DISTRICT WILL BE Upon Annexation Future Date ] FINANCED (I.E., GENERAL TAX RATE OR (Specify) SPECIAL ASSESSMENT.) COUNTY CITY GENERAL TAX REVENUES COUNTY CITY GENERAL TAX REVENUES COUNTY N/A SHERIFF AND CALIFORNIA ~ CITY ' GENERAL TAX REVENUES HIGHWAY PATROL COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND COUNTY CITY GENERAL AND GAS TAX REVENUES PRIVATE DEVELOPMENT COUNTY i CITY , GENERAL AND GAS TAX REVENUES CITY GENERAL AND GAS TAX REVENUES CITY GENERAL AND GAS TAX REVENUES COUNTY CITY GENERAL TAX REVENUES COUNT'f SANITAIlON AUTHORiIY I USER FEE CALIFORNIA WATER SERVICE , USER FEE COMPANY PRIVATE CONTRACT CITY USER FEE 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 slation 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 Truxtun and Eye Streel approximately 6 miles Northwest of the annexation. Service Level Capacity Indicate l?equency and availability of service (i.e., street sweeping, response time lbr emergency services, recreation programs, etc.) 24 hour patrol is provided in the immediate vicinity of this annexation. First priority response is approximately 7.00 minutes or less. FIRE - Service will be provided by County Station No. 41, located at Mt. Vernon Avenue and Virginia Avenue pursuaut to exchange wherein City protects certain properly witlfin lhe County jurisdictinn. Thus, the City docs incur the cost of providing fire protection and a portion of the fire fund collected from the City's taxpayers inust be transfen-ed to the City. PARKS AND RECREATION - The nearest City park is Martin Luther King Park located approximately 3 miles northwest of the territory. 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 tees. LIBRARY - N/A STREETS - The City Corporation Yard on Truxtun Avenue West of Fwy. 99 will provide necessary facilities, personnel and services to acconmnodate Public Works efforts. CONSTRUCTION/MAINTENANCE/S~¥EEPING/L1GHTING ~ Maintenance and personnel will be dispatched from the City Yard on a regular basis fbr preventative maintenance as needed. Repair includes streets constmcte&'maintained, sweeping and lighting SEWER- The ten-itory can be served by a County sewer main to be located in future Zephyr Lane along the north boundary. The main will be maintained and operated by the Kern Sanitation Authority.. WATER - This area will be continue to be served by the California Water Service Company. OTHER - (Refuse) - When annexed, service will be provided by the City either by City tbrces or by contracts with a franchise refuse collector. Fire protection is provided on a 24-hour basis. The mmexation will not affect City/County Joinl Fire service capability. City neighborhood parks are open 'to the public at reasonable hours. N/A There will be no reduction in the range capacity of the Ci'ty to provide the necessary public work services to this area. Serw'ices will be on a regular basis and "as needed." The sewer main will be served by the County Mt. Vernon Treatment Plant. Adequate capacity exists. Adequate capacity exists. City refuse pickup is txvice a week. kVhat effects, if any, would annexation of this territory have on the existing level of city/district services ii.e., need for additional emergency service personnel or construction of new facilities, etc.)'? The annexation of this territory should have no affect on the near term level or capability of the City to provide needed services. Ouly the northeast ~[uarter oflhe territory' is privately owned. The remaining 75% nfthe land is owned by thc Kern Sanitation District and will remain as County Muuicipal property. The completion of any future road construction wilbin the territory will have miuimal effect on the future maintenance responsibility of the City and should nol affect the existing level of service: Il. Would city/dislrict require any upgrading or change in facilities lo se~-dce affecled ten-itory (roads, fire hydrants, mains, etc.): If so, would city/district or residents be responsible for financing? No, the majority of the area is lbr operation of the County's Mt. Vemnn l'reatment Plant. No upgrading or change in facilities will be required in the territory for annexation. 111. Indicate and explain existing zoning in affected lerritory. The majority of the lerritorv is preseutly zoned County &-I (Limited A.griculturc) and County A (Exclusive Agriculture) in the southwes[ quarter. IV. Indicate and explain proposed prezoning in area. (List effects on present land use tbat would occur as a result of mmcxatiun such as maintenance of livestock on property, etc.) The territory has been prezoned to City A (Ak, riculture) Zone which is corresponding and consistent with the existing County Zo~!~ V. 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 conmmnity facilities, etc.: City Police should be able to respond in a more timely manner than present County Sheriff services. The present City refuse collection rate is substantially lower than fees county residents now pay to~dependeut companies. No special assessment or charge~ for street sweeping, leaf collect_ion, street lighting energy costs and fire hydrants upon further devclopmeot within thc subject area. Cily government also provides increased political representation for residents ~vithin the corporate limits. VI. A. Please provide the lbllo~ving inf'ormation relative ti) city/district and county taxes: List existing tax rate(s) in area. The major portion of thc area is County owBed property with tax exempt status. The existing tax rate in the privately owned portion of thc area equals 1. 156799% of assessed market value. This represents the total property tax rate. When annexed a desto,mated percentage of the tolal property tax of the area will accrue to the City and remainder to the County for pro_viding health care and social services. (Rate shown is for Count,/ Auditor-Controllers 2002 Lien Date). B. Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. _No, the last listed (1992-93) (.'it,/bonded indebtedness has been paid off and the current tax rate list shows no city bonded indebtedness. C. How will the difference m 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. 3 il ANNEXATION 446 EAST BRUNDAGE LANE WAY 58 R28E i I I 11