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HomeMy WebLinkAboutRES NO 45-00RESOLUTION NO.~ ~4 5 ' 0 0 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 414, LOCATED NORTH OF BRIMHALL ROAD BETWEEN ALLEN ROAD 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 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. 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. 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 o1 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 proposat 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 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 the environmental document 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 territory proposed for annexation as described herein has been determined to have one hundred percent (100%) consent to annexation. 9. 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 10. 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 ........ 2 OR~INAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the Cjt.~.(~f..Bakersfield at a regular meeting thereof held on ~P,¥ ;~: 2000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~.~ ~a nd~E~icio~t heg~ ~D" Council of the City of Bakersfield APPROVEL, MAY BOB MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney CARL HERNANDEZ III Assistant City Attorney MO:pas May 8, 2000 S:',A n nexatio n'~AN N 414, ROA.wpd ORIGtNAL EXHIBIT "A" ALLEN ROAD NO. 4 ANNEXATION NO. 414 A parcel of land being a portion of the southeast 1/4 of Section 26 and the northeast 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: Parcel 1 of Parcel Map Waiver No. 340 per Certificate of Compliance filed for record in Book 5600, Page 1199, Official Records, in the Office of the Kern County Recorder; Also the north 338 feet of the east 652 feet of the south ½ of the southeast 1/4 of said Section 26; Also the north 55 feet of the northeast 1/4 of said Section 35; EXCEPTING THEREFROM The Public Road Right of Way for Jenkins Road and Alien Road. Containing 94.60 Acres (more 6r tess) G:\GROUPDATLRon~Ex A Jenkins-Allen.wpd PROPOSED ANNEXATION NO. 414 VICINITY MAP EXHIBIT NO.,, '"1~ ~ E (5 ac min.) C-2 E R-S BRIMHALL GRAPHIC $CAIJg lOOO 0 1 inch = lO00fa -N- ORIGINAL ANNEXATION NO. 414 (ALLEN ROAD NO. 4) PLANS FOR PROVIDING SERVICES AGENCY WHICH PRESENTLY CHECK SERVICES WHICH i INDICATE HOW SERVICES SERVICES PROVIDES SERVICE CITY/DISTRICT WILL PROVIDE I PROVIDED BY CITY/DISTRICT WILL BE Upon Annexation Future Date FINANCED (I.E., GENERAL TAX RATE OR (Specify) SPECIAL ASSESSMENT.) Planning COUNTY CITY ] GENERAL TAX REVENUES Parks & NORTH BAKERSFIELD GENERAL TAX REVENUES Recreation RECREATION & PARKS DISTRICT IILibrary COUNTY N/A Police SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Protection I[ Fire Protection COUNTY GENERAL TAX REVENUES, FIRE FUND II Street COUNTY CITY GENERAL AND GAS TAX REVENUES II Construction COUNTY PR1VATE DEVELOPMENT 11 Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES [ Flood Control COUNTY CITY GENERAL TAX REVENUES Il Sewerage CITY USER FEE II Water VAUGHN WATER SERVICE CO. USER FEE Other PRIVATE CONTRACT CITY USER FEE (REFUSE) EXHIBIT "C" G:\sub~llt~'Cl~ED~?,ONL2000~Annex 414 Providing Services Plan.wpd 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, 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 Truxtun and Eye Street approximately 7 miles east of the annexation. FIRE - Service will be provided by County Station 67 located on the south side of Brimhall Road, easterly of Renfro Road pursuant to exchange wherein the County protects certain property within the City 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 and County. 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 Fwd. 99 wi!! provides 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/maintained, sweeping and lighting. SEWER - The territory is also within tbe service area of the City's Allen Road trunk sewer system which is now in the construction stage. This system will provide a trunk sewer line in Allen Road North to Brimhall Road with capacity to serve the entire territory. WATER - The territory is in an area being served by the Vaughn Water Service Company and an option exists whereby City of Bakersfield Water Resources Department could be the provider. 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 protection is provided on a 24-hour basis. The annexation will not affect City/County Joint Fire service capability. 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. G ;r~'~I~I~DLRON'x2000~rtmex 414 Providing Services Plan.wpd 2 IV. VI. VII. What effects, if any would annexation of this territory h~Jve 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 to provide needed services. Additional police officers may be required at the time of future development in the territory to maintain the current level of city service. The planned public streets and municipal facilities within the territory will increase the future maintenance responsibility of the City but will not affect the existing level of 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? Private development provides and pays for major facilities and dedicates them to the City, No upgradin,q or change in facilities will be required in the territory for annexation. Indicate and explain proposed pre-zoning in affected territory. A major portion of the subiect territory is presently zoned County E. (estate)Zone which allows suburban single family residential occupancy on estate-size lots. The remaining County zoning is C-2 (general commercial) and R-2 (medium density residential). The existinq zoning designations are shown on the enclosed zoninq map. Indicate and explain proposed pre-zoning 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 correspondin,q County estate lots to City E (estate one family dwelling)zone. The remaining City prezoning is C-2 (commercial) and R-2 (limited multiple-family). These designations are also consistent with the existing County Zoning as shown on enclosed zoning map. List city/district services that area wilt 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 and State Highway Patrol 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 qovernment also provides increased political representation for residents within the corporate limits. A. Please provide the following information relative to city/district and county taxes: List 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 and remainder to the County for providinq health care and social services. (Rates shown are from 1999-00 County 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 bonded indebtedness has been paid off and the current 1999-00 tax rate list shows no City bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. G:~sub\S HARE D\RO Nt20OOV~nex414_Exhibit C-3.wpd 3 C-2 IE (5 ac mi~) MH E R-$ i'ALLEN RD. NO. 4' ANNEX. NO. 414 CITY OF BAKERSFIELD ZONING MAP SEC. 26 1~ 29 $. LEGEN0 101-26 R26~. ~o~o