Loading...
HomeMy WebLinkAboutRES NO 172-99RESOLUTION NO. I 72" 99 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 411 , LOCATED ALONG THE NORTH SIDE OF STOCKDALE HIGHWAY GENERALLY BETWEEN EL PASO STREET AND JENKINS ROAD (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, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18, 1997, on the prezoning for the territory, notice of the time and place of headng 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. 110-97 on December 18, 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 56800 of the Government Code of the State of California; and WHEREAS, the property owner has agreed to annex to the city; and WHEREAS, the City has agreed to serve the property upon annexation. 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 given and to be given to the territory proposed 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 Negative Declarations as set forth in the California Environmental Quality Act and City of Bakersfield Resolution No. 107-86 have been duly followed. 7. That the territory 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: 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 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. 2 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the ~tX o~f ~l~sfield at a regular meeting thereof held on .[ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER I~ ~ t~ ~__ COUNClLMEMBER ~ DI~ ~. COUNCILMEMBER t.J' D t,.t t= CITY CLERK and Ex Officio Cl~-~ of the Council of the City of Bakersfield'" APPROVED DEC 15 1999 BO'I~ PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: MOpa$ CARL HERNANDEZ III Assistant City Attorney November 2, 1999 S:~,nnexation~,NN411 ROA wpd EXHIBIT "A' STOCK, DALE NO. 14 ANNEXATION NO. 411 That parcel of land being a portion of the southeast 1/4 of Section 35, T. 29 S., R. 26 E., M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the south 1/4 comer of said Section 35 being a monumeuted comer and designated (by calculated conversion) to be 2, 317, 293.5442 feet North and 6,217, 443.0021 feet East per California coordinate system (N.A.D. 83), Zone 5, said 1/4 comer being on the center line of Jenkins Road and within the right of way for Stockdale Highway; Thence N 89° 37' 19" E, along the south line of said Section 35, a distance of 658.12 feet to meet the southwest comer of the boundary line of Tract No. 3964 per map filed for record in Book 30 of Maps, Page 188 in the office of the Kern County Recorder; Thence N 00° 26' 17" W, along the west boundary line of said Tract No. 3964, a distance of 356.58 feet to intersect the south right of way line of Morroco Avenue, said point also being the northwest comer of Lot 10 of said Tract No. 3964 which is on the existing corporate boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence departing from said corporate boundary line along the north and east lines of said Lot 10 for courses (1) through (5) as follows: Thence (1) easterly along a non-tangent, 25.00 foot radius curve, concave to the southwest with a radial bearing ofN 00° 19' 37" W to said beginning of curve, through a central angle of 42° 50' 00" an arc distance of 18.69 feet; Thence (2) easterly along a 50.00 foot radius reverse curve (concave to the north) through a central angle of 85° 40' 00' an arc distance of 74.76 feet; Thence (3) easterly along a 25.00 foot radius reverse curve (concave to the southeast) through a central angle 42° 50' 00" an arc distance of 18.69 feet Thence (4) N 89° 40' 23" E, 28.34 feet; Thence (5) S 00° 22' 41" E, 305.46 feet to intersect the existing corporate boundary line of the City of Bakersfield; -1- Thence (6) S 89° 37' 19" W, along said corporate boundary line, 130.00 feet to an angle point thereon; Thence (7) N 00° 26' 17" W, along said corporate boundary line, 305.58 feet to the TRUE POINT OF BEGINNING. Containing 0.89 acres (more or less) G:\GROIJPDA'I~RonLMmexation NO. 411 Exhibit A,wpd -2- }-- STOCKDALE T3~64 HIGHWAY VICINITY MAP ' T3619 ~T44~44 ANNEXATION NO, 4l J RESOLUTION NO, ANNEXATION OF STOCKDALE NO. 14 TO THE CITY OF BAKERSFIELD o. og ~+ ACRES SCALE: i~o---o ~oo 200 3~o EXHIBIT "B" PLANS FOR PROVIDING SERVICES ANNEXATION NO. 411 (STOCKDALE NO. 14) AGENCY WHICH PRESENTLY CHECK SERVICES WHICH INDICATE HOW SERVICES 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 ASSESSMENT3 Planning COUNTY CITY GENERAL TAX REVENUES Parks & NORTH BAKERSFIELD GENERAL TAX REVENUES Recreation RECREATION & PARK DIST. Library COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY GENERAL TAX REVENUES, FIRE FUND Street COUNTY GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping GENERAL AND GAS TAX REVENUES Lighting CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY USER FEE Water CITY WATER USER FEE RESOURCES Other (REFUSE) PRIVATE CITY USER FEE EXHIBIT "C" 1 O:~ab~RON~1999LAnnex4 [ 1 Providing Set, aces Plan. wpd 1. Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Service Level Capacity_ Indicate location from which service Indicate frequency and availability of service will be provided (i.e. nearest fire station (i.e., street sweeping, response time for library, etc.) emergency services, recreation programs, etc.) POLICE - All police services in the City of Bakersfield are administered through the City Police Department located at the s/w comer of Tmxtun and Eye Street approximately 8 miles Northwest of the annexation. FIRE - Service will be provided by both County Station No. 67, located 14,341 Brimhall Road east of Renfro Road pursuant to exchange wherein the County protects certain property within the City's jurisdiction. Thus, the City does incur the cost of providing fire protection and the fire fund collected from the City's taxpayers must be transferred to the City. PARKS AND RECREATION - The annexation project is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to all adopted requirements and standards of the district. LIBRARY - N/A STREETS - The City Corporation Yard on Tmxtun 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 thc City Yard on a regular basis for preventative maintenance as needed. Repair includes streets constructed/maintained, sweeping and lighting SEWER - The territory is within the service are of the City's Allen Road trunk sewer system City sewer mains are existing in Morroco Ave., Jenkins Rd. and Stockdale Hwy and are connected to City Wastewater Treatment Plant III. WATER - The territory may possibly be accepted for service by the City of Bakersfield Water Resources Department. OTHE~0lefnse) - When annexed, service will bc provided by the City either by City !i0rees or ~ 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 protection is provided on a 24-hour basis. The annexation will not affect City/County Joint Fire service capability. 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 County) 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 have no affect on the near term level or capabili _ty of the Ci_ty to provide needed services. No additional police offi¢cr~ will be required to maintain the current level of ti _ty service. The territory_ consists of a sinele family suburban residence having no dedicated interior streets. Annexation will not increase the maintenance responsibility_ of the Ci _ty. IV. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fire hydrants, mains, etc.): If so, city/district or residents be responsible for financing? Private development provides and pa_vs for ma_ior 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. The sub_iect territory_ is presently zoned County_ R-S (Residential Suburban~ Zone. VI. 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 Ci_ty R-S (Residential Suburban) Zone which is compatible with the present County designation. The proposed prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan 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. Ci.ty Police should be able to respond in a more timely manner than present County Sheriff service. The present City_ refuse collection rate is substantially lower than fees 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 r~pr¢~cntation for the residents within the corn_ orate 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 1.108406 % 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 remainder to the County for providing health care and social services. (Rate as shown on 1999-2000 ¢0orltY_ Auditor-Controller Tax Rate List~. Would affected area be subject to any 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 (1999-2000) tax rate list shows no city bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.007 The property rate will not increase due to annexation and re-assessment will not occur due to annexation. G:\GROUPDAT~IegaI\1999~NNEX411 .wpd RTY:mern 4