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HomeMy WebLinkAboutRES NO 076-01RESOLUTION NO.0 7 (~ - 0 J A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 424 LOCATED AT THE SOUTHWEST CORNER OF UNION AVENUE AND HOSKING ROAD. (WARD 7) WHEREAS, the Planning Commission of the City of Bakerefield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, DECEMBER t5, 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 generel 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; and 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 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, located generally at the southwest corner of Union Avenue and Hosking Road. 2. That a plan for previding 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 Bakersfie~,l~;~tfl~.~e City desires to receive tax revenues for benefits g ven and to be given to the territory2f3ropose~.~ to be annexed. :.~ ~j 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 property owner shall, prior to the completion of the annexation, obtain approval from the County for a lot line adjustment or other approval necessary to create a legal addition of property to the territory to be annexed. 11. 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 of the City of Bakersfield at a regular meeting thereof held on JUN ] 3 2001 . by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON. SULLIVAN, SALVAGGiO COUNClLMEMBER ~ COUNCILMEMBER COUNClLMEMBER .~ CITY CLERK and Ex Offici~Clerk of the Council of the City of Bakers-field APPROVED JUN 13 2001 HA~RV EY L."H~LL - MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney MO:pah June 12. 2001 S:~AnnexationV~l N424.ROA.wpd 3 EXHIBIT "A" HOSKING NO. 5 ANNEXATION NO. 424 A parcel of land being a portion of the Southeast 1/4 of Section 30 and a portion of the Northeast 1/4 of Section 31, Township 30 South, Range 28 East, M.D.M., County of Kern, State of Califomia, more particularly described as follows: Commencing at the Northeast comer of said Section 31 being a monumented comer at the point of intersection of Hosking Avenue(Co..Rd.No. 365) and South Union Avenue(Co. Rd.No. 97 & 2380), said comer by calculated conversion, being 2,290,211. 193 feet North and 6,262,294. 614 feet East per California Cordinate System (N.A.D. 83) Zone 5; Thence S 89° 52' 36" W, along the north line of said Section 31, a distance of 1648.94 feet to a point on the East line of the west ½ of Lot 30 of the "Berkshire Farm Tract" per map filed August 27, 1901 in the office of the Kern County Recorder, said point also being on the existing corporate boundary line of the City of Bakersfield; Thence N 00° 04' 34" W, along said East line and corporate boundary line, 30.00 feet to intersect the North right of way of said Hosking Avenue, said point being the TRUE POINT OF BEGINNING; Thence (1) N 89° 52' 36" E, along said North right of way line, 1591.19 feet to intersect the West right of way line of South Union Avenue; Thence (2) S 00° 04' 44" E, along said West right of way line, 30.00 feet; Thence (3) S 00° 03' 48" E, along said of right of way line 872.66 feet to intersect the North line of Parcel 1 of Parcel Map No. 10019 filed in Book 47 of Parcel Maps, Page 7; Thence (4) S 89° 53' 19" W, along said North line, 325.00 feet; Thence (5) S 00° 03' 48" E, along the West lines of Parcels 1 and 2 of said Parcel Map, 285.00 feet; Thence (6) N 89°' 53' 19"E, along the North line of Parcel 3 of said Parcel Map, 325.00 feet to intersect the West right of way line of South Union Avenue; G:\G ROUPDAT~Ron~Annex No. 424 - Hosking No. 5wpd -1- Thence (7) S 00° 03' 48" E, along said West right of way line, 165.00 feet to intersect the South line of the North ½ of the Northeast 1/4 of said section 31; Thence (8) S 89° 53' 19" W, along said South line 2586.68 feet to a point on the existing corporate boundary line; Thence (9) N 00° 00' 56" W, along said corporate boundary line, 1292.13 feet; Thence (10) N 89° 52' 36" E, along said corporate boundary line, 994.42 feet; Thence (11) N 00° 04' 34" W, alone said corporate boundary line, 60.00 feet to the TRUE POINT OF BEGINNING Containing 76.79 acres (more or less) G:/GROUPDAI~Ron~Annex No 424 - Hosking No. 5.wpd -2- '~ ~-~ I ~ ~ _ I I o oseo . ~ ~. z~c ~ ~ , ' ' ~' ~ ' ~ " ~ ~ I II .~,, , , ~ ........ JII -~ ' ' ' , , ' ' , ~~~/ "HOSKIN~ NO. ANNEXATION NO. 424 EXMISIT"8" '" ~" ~' '*~' CALIFORNIA ANNEXATION NO. 424 (HOSKING NO. 5) PLAN FOR PROVIDING SERVICES SERVICES Agency Which Presently Provides Check Services Which City/District Indicate How Services Provided By Service Will Provide City/District will be Financed (i.e., general tax rote or special assessment.) Upon Future Date Annexation (specify) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation COUNTY CITY GENERAL TAX REVENUES Library COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Eighting CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY USER FEE Water GREENFIELD WATER DISTRICT CITY USER FEE Other (REFUSE) CITY USER FEE EXHIBIT"C" EXHIBIT "C" 1. Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Indicate location fi-om 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, rec. progj'ams, etc. POLICE-All police services in the City of Bakersfield are administered through the City Police Depariment located at the s/w comer of Truxtan Avenue and Eye Street approximately 7 miles north of the annexation. FIRE-Service will be provided by County Station No. 52 located on the west side of Union Avenue south of Barton Street pursuant to exchange wherein the Connty protects certain property within the City'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 County. PARKS AND RECREATION - The annexation is projected for development of a new high school site by the Kern High School District. The City's Stonecreek Park is located 2 miles west of the area. 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/LIGHTING-Maintenance and personnel will be dispatched fi-om the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting in those areas that will become City right of way. SEWER-A City trunk sewer located in Hosking Avenue extends east to Monitor Street then extends north along Monitor Street. These lines are directed to City Wastewater Treatment Plant III. WATER-The territory is within the service area of Greenfield Water District. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. 24 hoar 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 or County Fire service capability or response time. City neighborhood 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 exists. Adequate capacity exists. City refuse pickup is twice a week. Ill. IV. 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 minimal affect on the near term level or capability of the City to provide needed services. The territory is now undeveloped and additional police officers should not be required to maintain the current level of city service. Annexation of the county street (Hosking Avenue) within the territory will have very minimal affect on the future maintenance responsibility of the City but should 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? No, if any additional development occurs, the developer provides and pays for maior 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 subiect territory is pmsantly zoned County A (Agriculture) Zone with a small portion at the southeast comer being County RS (Residential Suburban Combining) Zone. VI. VII. VIII A. 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 has omzoned the territory to the corresponding City A (Agriculture) Zone and City R-S- 1A (Residential Suburban, one acre minimum lot size) Zone. List city/district services that area will directly or indirectly benefit from such as decrease in tim 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 Sheriffservices. The present City refuse collection rate is substantially lower than fees county residents now pay to independent companies. No special assessment~q 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 the residents within the corporate limits. 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 maior portion of the area equals 1.125198% of assessed market value. This represents the total property tax rate. When annexed a designated percental~e 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 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 (1992-93) City bounded indebtedness has been paid offand 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 of $50,000.007 The property rate will not increase due to annexation and re-assessment will not occur due to annexation. 3