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
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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.
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ANNEXATION 446
EAST BRUNDAGE
LANE
WAY 58
R28E
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