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HomeMy WebLinkAboutRES NO 005-01RESOLUTION NO. 0 0 5" 0 I A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 417, LOCATED NORTH OF ROSEDALE HIGHWAY AT HENRY LANE (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 fodh 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 proposed annexation territory is within and consistent with the City of Bakersfield Sphere of Influence boundary; 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 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 territory proposed for annexation as described herein is within the City of Bakersfield Sphere of Influence Boundary. 10. 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 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. 2 L~RiGIN~,L ......... 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 _~at~ .I 1 2:001 , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER I~Oi~ ~ ABSENT: COUNClLMEMBER ~JO ~¢-. COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER NONce_. CITY CLERK and Ex Officio C~j~k of the Council of the City of Bakersfield' ~'~% oY'~f ihHeAcl~tl~ of Ba/kkersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney CARL HERNANDEZ III Assistant City Attorney MO:pah January 5, 2001 S:~Annexation~ANN417(A) ROA wpd EXHIBIT "A" ROSEDALE NO. 10 ANNEXATION NO. 417 A parcel of land being a portion of the southwest 1/4 of Section 21, Township 29 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the south 1/4 comer of said Section 21, being an established comer calculated to be 2,327,563.9217 feet North and 6,238,756.8163 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence N 89° 42' 16" W, along the south line of said Section 21, a distance of 993.34 feet to meet the southerly prolongation of the east line of that parcel 'of land granted to Joel Blake Mundorf, et al., per Grant Deed filed for Record in Book 4985, Page 1027, Official Records in the Office of the Kern County Recorder; Thence N 00° 01' 31" W, along said east line and prolongation thereof, 80.00 feet to meet the north right of way line of Rosedale Highway (State Route VI-KER-58), said point being on the existing exterior corporate boundary line of the City of Bakersfield, and also being the TRUE PO1NT OF BEGINNING; Thence (1) N 89° 42' 16" W, along said north line (and Corporate Boundary Line) 290.66 feet to meet the easterly fight of way line of the Calloway Canal; Thence (2) N 40° 01' 46" W, along said fight of way line, 63.00 feet to meet the west line of that parcel of land granted to William A. Davenport III, et ux, per Grant Deed Filed for record in Book 6104, Page 477, Official Records, in the Office of the Kern County Recorder; Thence (3) N 00° 02' 48" W, along said west line, 189.44 feet to northwest comer of said parcel; Thence (4) S 89 ° 42' 16" E, along the north line of said parce! (and prolongation thereof), 195.64 feet to meet the east fight of way line of Henry Lane (Co. Rd. No. 2029); Thence (5) S 00° 02' 32" E, along said right of way line, 71.77 feet to meet the north line of that parcel of land granted to Trustees Ralph M. Palla and Dorothy C. Palla, per Grant Deed filed for record in Book 6816, Page 830, Official Records, in the Office of the Kern County Recorder; Thence (6) S 89° 42' 16" E, along said north line, 135.57 feet to the northeast comer of said parcel; Thence (7) S 00° 01' 31" E, along the east line of said parcel (and prolongation thereof), 165.70 feet to meet the existing Corporate Boundary Line and the TRUE POINT OF BEGINNING. Containing 1.56 acres (more or less) 26 28 iii! SUMP PM. 8196 BK. $6,P 149 ANNEXATION NO, ~ RESOLUTION NO ANNEXATION OF ROSEDALE NO. I0 TO THE CITY OF BAKERSFIELD SCALE: ( FEET ) ~ ~---o ,oo aoo ........ EXISTING CORPORATE BOUNDARY ' ' ' ' ' ~ ' ' PROPOSED ANNEXATION BOUNOARY EXHIBIT "B" I I VICINITY MAP FORMERLY PLANS FOR PROVIDING SERVICES ANNEXATION NO. 417 (ROSEDALE NO. 10 ) AGENCY WHICH CHECK SERVICES V~HICH INDICATE HOW SERVICES SERVICES PRESENTLY CITY/DISTRICT WILL PROVIDED BY CITY/DISTRICT WILL BE FINANCED PROVIDES SERVICE PROVIDE (I.E., GENERAL TAX RATE OR SPECIAL ASSESSMENT.) Upon Annexation Future Date (Specify) Planning COUNTY CITY GENERAL TAX REVENUES Parks & I NORTH BAKERSFIELD GENERAL TAX REVENUES RecreationI, RECREATION & PARKS Library COUNTY N/A Police SHERIFF AND CALIFORNIA CITY & HIGHWAY GENERAL TAX REVENUES Protection HIGHWAY PATROL PATROL Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND Street STATE & COUNTY STATE & CITY GENERAL AND GAS TAX REVENUES Construction STATE & COUNTY STATE & CITY GENERAL AND GAS TAX REVENUES Maintenance STATE & COUNTY STATE & CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Lighting CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY USER FEE/PRIVATE CONNECTION Water CITY & CAL-WTR USER FEE ~6t 0~FUSE) PRIVATE CONTRACT CITY USER FEE G:ksub~SHAREDhRONk2000XAnnex413 Plans for Providing Services 2.wlxl EXHIBIT "C" G:\sub\SHA RED/RON~2000~Annex413 Plans for Providing Services 2.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 fi-equency 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 Tmxmn and Eye Street about 4 1/2 miles Southeast of the annexation. FIRE - Service will be provided by County Station No. 65 located on the North side of Rosedale Highway easterly of Calloway Drive pursuant to exchange wherein 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 fi.om the City's taxpayers must be transferred to both City and County. PARKS AND RECREATION - The annexation area is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to the adopted standards of the District. LIBRARY - N/A STREETS - The City Corporation Yard on Truxtun 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 the City Yard on a regular basis for preventative maintenance as needed. SEWER - A City sewer main on the North side of Rosedale Highway has been extended East of Coffee Road. A section of the line has been completed approximately 1000 feet West of the territory. WATER - This area will be served by the City of Bakersfield Water Department and Cai-Water Service Co. per Agreement No. WR00-65. OTHER - (Refuse) - When annexed, service will be provided by the City either by c,GfkaJ l%l~s 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. All District parks 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 will exist. Adequate capacity exists City refuse pickup is twice a week. G:Xsub/SHARED/RON~2000~Annex413 Plans for Providing Services 2.wpd 2 III. VI. VII. VIII. 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 services. Upon completion of the proposed commercial development in the area, additional police officers should not be required to maintain the current level of City service. Any street imnrovements resultine from development would be a requirement of the City of Bakersfield for Henry Lane and the State for Rosedale Highway and will not affect the existing level of service. The ~ortion of Rosedale Highway adjacent to the territory will continue to be maintained by the State. 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? As development occurs, the developer provides and pays for major facilities and dedicates them to the City or State. No upgrading or change in facilities will be required in the territory for annexation. Indicate and explain existing County zoning in affected territory. The annexation area is zoned County M-1 (Light Industrial) zone. Indicate and explain proposed pre-zoning in area. (List effects on present land use that would occur as a result of aunexation such as maintenance of livestock on property, etc.): The annexation is pre- zoned City M-I (Light Manufacturing) zone which is consistent with the County M-I designation. 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 Sheriffand State Highway Patrol services. The present City refuse collection rate is substantially lower than fees county residents now pay to independent companies. City Government also provides increased political representation for residents within the corporate limits. The owners of the territory have entered into an agreement with the City of Bakersfield whereby city water mains will provide water to the territory which is actually within the Cai-Water service area. (Agreement No. WR00-65). 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 1.293250% of assessed market value). When annexed a designated percentage of the total property tax for the area will accrue to the City and the remainder to the County for providing Health Care and Social Services. (Rates shown are from 1999-2000 County Auditor- Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain: No - Previous last shown (1992-93), City bonded 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? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. G:~sub\SHAREDkRONk200~L~nnex413 Exhibit C-3 2.wpd 3