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HomeMy WebLinkAboutRES NO 40-96RESOLUTION NO. 4 0 ' 9 6 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 389, OLIVE DRIVE NO. 2 ANNEXATION (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, NOVEMBER 13, 1995, and THURSDAY, NOVEMBER 16, 1995, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as OLIVE DRIVE NO. 2 ANNEXATION, notice of the time and place of hearing having been given at least twenty-one calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 84-95 on Nox;ember 16, 1995, the Planning Commission recommended approval of the prezoning for the annexation 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 56800 of the Government Code of the State of California. 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 described 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. 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 Local Government Reorganization Act of 1985, 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 and residents of the affected territory desire to receive municipal services from the City of Bakersfield, and the City desires to receive tax revenues for benefits ~iyen and to be given to the territory proposed to be annexed. ~ - ~. 5. That for this proposed annexation and the prezoning therefor, Ordinance No. 3699, which was adopted January 24, 1996, 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 October 13, 1995. 6. That the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in the California Environmental Quality Act and City of Bakersfield Resolution No. 107-86 have been duly followed and the Negative Declaration for this proposed annexation is hereby approved and adopted. 7. That the territoW proposed for annexation as described herein has been determined to be uninhabited pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Section 56046 of the Government Code. 8. 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: City Clerk City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Judy Skousen City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 9. 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 C.i~ of Bakersfield at a regular meeting thereof held on I~R g U ~ . by the following vote: AYES: COUNCILMEMBER BeMOND, CARSON, ,SMITH, McDERM03~, ROWI.ES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~J Ort3~ ~aSTAIN: COUNCILMEMBER ~..0 ~ ~0 Acting CITY CLERK and Ex Offi~o Clerk of the Council of the City of Bakersfield APPROVED P.~R Z ~ 1~6 BOB P MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt March 5, 1996 rcs~o2.roa 3 Exhibit "A" Olive Drive No. 2 Annexation No. 389 A parcel of land being a portion of the northeast quarter of Section 16, T. 29 S., R. 27 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 16, as monumented by a Kern County Surveyors concrete monument in a lamphole, said section corner being designated as N. 697,697.005, E. 1,680,084,924, per the California Coordinate System, Zone 5; Thence S. 00° 36' 25" E., along the east line of said Section 16, a distance of 662.90 feet to a point being the southeast corner of Tract No. 5775 per map filed for record in Book 41 of Maps, Page 173 in the office of the Kern County Recorder; Thence N. 89° 48' 07" W., 55.01 feet to a point on the west right of way line of Fruitvale Avenue also being a point on the existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, along the south boundary line of said Tract 5775, N. 89° 48' 07" W., 1244.75 feet to a point on the east right of way line of Jordan Street; Thence (2) N. 00° 27' 03" W., along said east right of way line, 587.33 feet; Thence (3) N. 44° 52' 00" E., 28.44 feet to a point of the south right of way line of Olive Drive; Thence (4) S. 89° 48' 57" E., along said right of way line, 557.11 feet; Thence (5) S. 88° 56' 52" E., along said right of way line, 330.04 feet; Thence (6) S. 85° 03' 08" E., along said right of way line, 120.42 feet; Thence (7) S. 89° 48' 57" E., along said right of way line, 240.97 feet to a point on the west line of the east 30 feet of said Section 16, also being a point on the existing corporate boundary of the City of Bakersfield; Thence (8) southerly and westerly, along said existing corporate boundary line, to the TRUE POINT OF BEGINNING. Containing 18 acres (more or less) ANNEXATION NO. 389 (OLIVE DRIVE NO. 2) PLAN FOR PROVIDING SERVICES SERVICES Anencv Which Presently Provides Check Services Which City/District Indicate How Services Provided By ~ervice Will Provide C/[y/District will be Financed (i.e.. eeneral lax rate or soecial Upon Future Date assessment3 Annexation (specify) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES PARK & RECREATION DIST. Library COUNTY N/A Police Protection SHERIFF & HIGHWAY CH'Y GENERAL TAX REVENUES PATROL Fire Protection COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY (CITY R/W ONLY) GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY (CITY R/W ONLY) GENERAL AND GAS TAX REVENUES Sweeping NONE N/A PRIVATELY MAINTAINED Lighting NONE CITY (CITY R/W ONLY) GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY CITY USER FEE Water CALIFORNIA WATER USER FEE SERVICE CO. Other (REFUSE) PRIVATE CITY USER FEE · ~ {~:~LEGAL~ANNX389.RTY [BIT 1. Please provide the following information, when applicable, only for service which will Location Indicate location from which service wiil be provided (i.e. nearest fire station, library, etc.) be provided by the applicant city. Service Level Capaci _fy Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. programs, etc. POLICE-AIl police services in the City of Bakersfield are administered through the City Police Department located at the s/w corner of Truxtan Avenue and Eye Street approximately 5 1/2 m/les southeasterly of the annexation. FIRE-Service will be provided by County Station No. 61 located at the Southeast corner of Fruitvale Avenue and Norris Road pursuant to exchange wherein City protects certain property within the County'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 City. PARKS AND RECREATION-The proposed annexation area will contain a 1.79 acre, privately maintained park area central to the residential development. The annexation project is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to all adopted standards of the district. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 will provide necessary facilities, personnel and services to accommodate Public Works efforts. CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTI[~G-Maint enance 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 when located within the City's right of way. SEWER-The area sewer service to the project is provided by connecting to the existing City trunk sewer line in Fruitvale Avenue which was constructed as part of the City's Buena Vista trunk sewer system and is directed to City Wastewater Treatment Plant No. 3. WATER-The territory is being served by the California Water Service Company. 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 res~nse 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. Existing neighborhood Parks (City and District) 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. 2 III. 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 not affect the near term level or capability of the City to provide needed services. Upon time of final build-out (30 lots) within this territory. additional police officers may or may not be required to maintain the current level of city service. The privately maintained streets (by homeowners association) within the territory will not increase the future maintenance responsibility of the City and will not affect the existing level of service. IV. 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 financing? Th~ 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. Indicate and explain existing zoning in affected territory. Subject property is presently zoned County E (1/4) (estate. 1/4 acre or larger lot size) zone which allows suburban single family residential occupancy on estate-size lots. VL 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 proposes to prezone the territory to City E (estate) zone which allows single-family residential occupancy on 10.000 sq. ft. minimum size lots. The proposed prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan designation and is consistent with the current SR (Surburan Residential) designation. 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 manner than present County Sheriff services. The present City refuse collection rate is substantially lower than fees county residents now pay to independent companies, No special assessment 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 residents within the corporate limits. VIII 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 area equals 1.141897% of assessed market value. This represents the total property 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 1995-96 County Auditor-controller Tax Rate List). 3 Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. the last listed (1992-93) City bounded indebtedness has been paid off and the current (1995-96) tax rate 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. 4 (4) OLIVE (8) DRIVE SUN MEADOW AVENUE PEMBROKE AVENUE HOOPER TRACT NO. 5775 M.B. 41, P. 173 VICINITY MAP MADONNA AVENUI RO.B, COURT AVENUE ANNEXATION NO, ~,1~ R~.~OCUTION NO, __ ANNE×ATION OF' t OLIVE DRIVE No. 2 TO T~ CiTY ~ I~ENRLO I~ ~ A~ ~E: I~ 0 I~ ~0 3~ EXHIBIT "B"