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HomeMy WebLinkAboutRES NO 041-01RESOLUTION NO. 0 Zl, [ .,' 0 ~- A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 419, LOCATED AT THE SOUTHWEST CORNER OF BRIMHALL 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, t997, 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 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 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 Hertzberg Local Government Reorganization Act of 2000, 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 have been duly followed. 7. That the territory proposed for annexation as described herein has been determined to be uninhabited pursuant to 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. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council o,f~[l~e~jty~/~Bakersfield at a regular meeting thereof held on IVlAP, ~O ~-uu! , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~ I,~ ~..~ COUNClLMEMBER t, Jc, ~1 CITY CLERK and Ex Officio C~erk of the Council of the City of Bakersfield APPROVED MAR 28 APPROVED AS TO FORM: BART J. THILTGEN City Attorney CA RE"HE~I-'g' ~'-'~'~ Assistant City Attorney MO:pah March 16, 2001 S:~,Annexation~ANN419.RES wpd 3 EXHIBIT "A" "BRIMHALL NO. 7" ANNEXATION NO. 419 A parcel of land being a portion of the southwest 1/4 of Section 26 and a portion of the north ½ of Section 35,Township 29 South, Range 26 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the north 1/4 comer of said Section 35, established by a concrete monument in lamphole per Kern County Surveyor's filed Map 7-1, Book 6, Page 45, said comer calculated to be 2, 322, 581. 075 feet North and 6, 217,492.334 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence S 89° 10' 57" E, along the north line of said Section 35, a distance of 20.00 feet to meet the east line of the west 20.00 feet of the northeast 1/4 of said Section 35; Thence S 00° 32' 01"W, along said east line, 55.00 feet to an angle point on the existing exterior corporate boundary line of the City of Bakersfield; Thence S 89° 10' 57" E, along said existing corporate boundary line, 45.10 feet to meet the cusp of a 20.00 foot radius fight of way curve (for Brimhall Road find Jenkins Road) said curve being concave to the southeast, said point of cusp also being THE TRUE PO1NT OF BEGINNING; Thence (1) southwesterly along said curve through a central of 90° 17' 02" an arc distance of 31.52 feet to meet the east fight of way line of Jenkins Road; Thence (2) S 00° 32' 01" W, along said east fight of way line, 916.27 feet to meet the south boundary line of Tract No. 3248 per map filed in Book 22 of Maps, Page 59 in the office of the Kem County Recorder; Thence (3) N 89° 12' 52" W, along said south boundary line, 45.00 feet to meet the east line of the northwest 1/4 of said Section 35; Thence (4) S 00° 32' 01" W, along said east line, 330.36 feet to the southeast comer of the northeast 1/4 of the northwest 1/4 of said Section 35; Thence (5) N 89° 13' 35" W, along the south line of said section division, 1321.36 feet to the southwest comer thereof, also being a point on the east line of the boundary of Parcel Map No. 188 per map filed in Book 2 of Parcel Maps, Page 45 in the office of the Kern County Recorder; Thence (6) N 00° 27' 32" E, along said east boundary line (and prolongation thereof), 1377.68 feet to meet the north fight of way line of Bfimhall Road (being on the north line of the south 55.00 feet of the southwest 1/4 of said Section 26); Thence (7) S 89° 11' 12" E, along said north right of way line (and prolongation thereof), 1343.29 feet to meet the east fight of way line of Jenkins Road (Co. Rd. No. 560), also being a point on the existing corporate boundary line of the City of Bakersfield; 1 ' Thence southerly and easterly along said corporate boundary line following courses (8), (9) and (10); Thence (8) S 00© 40' 17" W, 55.00 feet to meet the north line of said Section 35; Thence (9) S 00° 32' 01" W, 55.00 feet; Thence (10) S 89° 10' 57" E, 45.10 feet to the TRUE POiNT OF BEGINNiNG. Containing 42.82 acres (more or less) G:ksub~SHAILED~RON~mncx 419- Exhibit A.wpd 2 371. PM 60 P M 4312 LAVERTON AVENUE .-(10) 4~.,o' [6) PM. 2506 409 RM. NO. 4544 __ P.~4d ,846o I@ VICINITY MAP APN: 409'02H2 (4 L]NE ARNEXATIOR RO, RESOLUTION NO, ~NNEXATION OF BRIMHALL NO. 7 TO THE CITY OF BAKERSFIELD ~- ~, (~ ~> *- ACRES SCALE: ( FEET ) z~o---o 200 ,~oo ebo ........ EXISTING COR~ATE_~N~ PLANS FOR PROVIDING SERVICES ANNEXATION NO. 419 (BmMHALL NO. 7 )' AGENCY WHICH CHECK SERVICES WHICH 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 & Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION & PARKS Library COUNTY N/A Police Protection SHERiFF AND HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY GENERAL TAX REVENUES, FIRE FUND SWeet COUNTY CITY GENERAL AND GAS TAX REVENUES Construction COUNTY PRIVATE DEVELOPMENT , Maintenance COUNTY 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 FEES, P.S.A. FEES & PRVT. DEVELOPMENT Water VAUGHN WATER SERVICE CO. USER FEE Other (REFUSE) PRIVATE CONTRACT CITY USER FEE G:~SI~ARE,D,~31'a2001 ~a~ex419Plans for Proviain~, Se~iees.wlxl EXHIBIT "C 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 8 miles east of the annexation. FIRE - Service will be provided by County Station No. 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'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 both 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 the adopted requirements and standards of the district. LIBRARY - N/A STREETS ~ The City Cmpomtion 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. Repair includes streets constructed/maintained, seeping and lighting. SEWER - The territory is also within the service area of the City's Allen Road trunk sewer system which is now in th construction stage. This system will provide a trunk sewer line in Allen Road North to Paim with capacity to serve the entire territory. The developer has agreed to participate in construction ora truck line extension in Brimhall Road to serve subject development. WATER - The territory is in an area being served by the Vanghn 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 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. 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." 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. EXHIBIT "C" III. IV. VI. VII. 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 tern 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 fo the City but will not affect the existing level of service. 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 Days 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 proposed pre-zoning in affected territory. The subject territory is presently zoned County A-1 (Limited Agriculture) zone. Indicate and explain proposed pre-zoning in area. (List effect on present land use that would occur as a result of annexation such as maintenance of livestock on property, etc.) The City has prezoned the territory to compatible City A (agriculture) zone. The anDlicant has initiated a General Plan Amendment with the county to change the zoning classification of the west ½ of the territory from A-1 (Limited A~riculture) to E (1/4~ (Estate-i/4 acre). 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.: Cit~ Police should be able to respond in a more timely manner than present County Sheriff and State Highway Patrol services. The nresent City refuse collection rate is substantially lower that fees county residents now pay to independent companies. No special assessment or charges for street sweeping, leaf collection, street li,,htin~ energy costs and fire hydrants when located within the City's fight of way. City government also provides increased political representation for residents within the comorate limits. By agreement, the area will be allowed to connect to the City's Allen Road trunk sewer system. 3 VIII. Please provide the following information relative t city/district and county taxes: List existing tax rate(s) in area. The existing tax rate in the area equals 1.095760% of assessed market value). This represents the total properW tax rate. When annexed a designated pementage 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. (Rates shown are from 2000-01 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 (1992-03). City bonded indebtedness has been paid off and the current 2000-01 tax rate list shows no City bonded indebtedness. How will the difference in tax rates affect a property with a market value fo $50,000? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. 4