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HomeMy WebLinkAboutRES NO 102-01RESOLUTION NO. ]. 0 ~¢)' 0 I A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 428 LOCATED GENERALLY EAST OF OSWELL STREET, SOUTH OF STATE ROUTE 58 (VVARD 1) 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 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 east of Oswell Street, south of State Route 58. 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 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. 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 JUL 18 Z001 , by the following vote: NOES: ABSTAIN: COUNCILMEMBER C:~E~3(~I, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCiLMEMBER t~ t.3C~. COUNCILMEMBER ~....')0¥.3 ~ COUNCILMEMBER CITY CLERK and Ex Officio C~rk of the Council of the City of BakersfielE APPROVED JUL 18 2001 H.~RV~'Y L:HALL / MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney MO:pah June 26, 2001 S:'~nnexationV~N N 428.ROA.wpd EXHIBIT "A" OSWELL NO. 8 ANNEXATION NO. 428 That parcel of land being a portion of the northwest 1/4 of Section 2, Township 30 South, Range 28 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the northwest comer of said Section 2, also being the point of intersection of the center lines of Bmndage Lane (Co. Rd. No. 547 & 966) and Oswell Street (Co. Rd. No. 2927 & 2739), said point being a monumented section comer and calculated to be 2,316,559.085 feet North and 6,278,440.305 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence S 00° 36' 52" W, along the west line of said Section 2, a distance of 369.18 feet; Thence S 89° 23' 08" E, 55.00 feet to the point of intersection of the east right of way line of Oswell Street and the northerly right of way line of State Route VI-KER-58, said point also being on the existing corporate boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence departing from said corporate boundary along said n0rthefly right of way line of State Route VI~KER-58 for courses (1) through (7) as follows: Thence (1) S 35° 54' 05" E, 95.84 feet; Thence (2) S 84° 54' 11" E, 113.00 feet; Thence (3) S 80° 36' 50" E, 80.22 feet; Thence (4) S 84° 54' 11" E, 1317.00 feet; Thence (5) S 88© 02' 32" E, 125.12 feet; Thence (6) N 89° 16' 02" E, 600.08 feet; Thence (7) S 89° 46' 40" E, 280.00 feet to intersect the west right of way line of Sterling Road (Co. Rd. No. 2927); Thence (8) S 00° 13' 20" W, 270.00 feet to the point of intersection of the south right of way line of State Route VI-KER-58 and the west right of way line of Sterling Road (Co. Rd. No. 2927); G:\GROUPDAT~Ron\ExhA 428 -1- Thence (9) S 00© 20' 11" E, along said Sterling Road right of way line, 514.91 feet; Thence (10) S 89© 28' 16" E, along said right of way line, 20.00 feet to intersect the east line of the northwest 1/4 of said Section 2; Thence (11) S 00© 31' 44" W, along said east line, 1259.55 feet tot he southeast comer of the northwest 1/4 of said Section 2; Thence (12) N 89© 52' 12" W, along the south line of the northwest 1/4 of said Section 2, a distance of 1638.21 feet to intersect the east line of that parcel of land granted to Oswell Land Associates per Partnership Grant Deed filed for record in Book 5671, Page 1775, Official Records, in the Office of the Kern County Recorder, said point also being on the existing corporate boundary of the City of Bakersfield; Thence (13) N 00© 36' 52" E, along said east parcel line and corporate boundary line, 1330.75 feet; Thence (14) N 89© 53' 55" W, along the north line of said parcel and corporate boundary line, 961.09 feet to intersect the east line of Oswell Street (Co. Rd. No. 2927); Thence (15) N 00© 36' 52" E, along said east right of way line and corporate boundary line, 923.99 feet to the TRUE POiNT OF BEGINNING. Containing 94.39 acres (more or less). G:\GROUPDAT~Ron\ExhA 428 -2- ~o':C, .,'. ~,-~,--,,--.,-w-~., I.;.=t,;,_¢_,,~., / .... ~.~. ~ __.~ ..... ~6~C. . ~9 ~ ~ ~)~ ~9)~ ~) ~ ~ ~ / ~'.~' . ' ' ~ ~ I I ~z L~ .... annoy. . I~X' ,/ S FA TE ~OU rE w - KER-58 ,- PROPOSED '' ANNEXATION NO. 428: ,. ~c, ,- "0SWELL N0. 8" ,- ,- (94 39 ~c. ) ~M~ ~ -- Cl TY ___ I/Il/l/l/l////// 11 I i I I t I I I I I I I I I I I I I I ~ COUNTY SCAL~: { FEET ) 2.~ ~'.,~ [XH I BIT .=co.~.~ --,. Cl~ OF BAKERSFIELD ,. ~. · *~ '*~' CALl FORNIA .~.N COUm. C~m~ ENGINEERING DEPARTMENT c~o PLANS FOR PROVIDING SERVICES ANNEXATION NO. 428 (OSWELL NO. 8) 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) I COUNTY CITY GENERAL TAX REVENUES Planning Parks & CITY GENERAL TAX REVENUES Recreation Library COUNTY N/A Police SHERIFF AND CALiFORNIA CITY & GENERAL TAX REVENUES Protection HIGHWAY PATROL CALIFORNIA HIGHWAY PATROL Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND Street STATE CITY AND STATE GENERAL AND GAS TAX REVENUES Construction STATE PRIVATE DEVELOPMENT Maintenance STATE CITY AND STATE GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Lighting CITY' GENERAL AND GAS TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY USER FEE CALIFORNIA WATER USER FEE ~' ~' SERVICE COMPANY Other (g~.EFUSE) PRIVATE CONTRACT CITY USER FEE G:\G RO UPDAT~IegaI~2001 ~w~x42 g EXHIBIT "C~' 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 ~ Indicate frequency and availability of service (i.e., street sweeping, response time for emex sncy 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 6 miles Northwest of the annexation. FIRE - Service will be provided by County Station No. 41, located at Mt. Vernon Avenue and Virginia Avenue pursuant to exchange wherein City protects certain property within the County jurisdiction. Thus, the City does incur the cost of providing fire protection and a portion of the fire fund collected from the City's taxpayers must be transferred to the City. PARKS AND RECREATION - Upon development of residential areas, the adopted City standard provides a minimum of 2.5 acres of park space per 1,000 population or in-lieu fees. 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 the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets constructed/maintained, sweeping and lighting · SEVCER- A City maintained and operated trunk sewer line in Brundage Lane is available. A trunk line in Oswell Street on the north side of Brnndage Lane is jointly operated by the City and East Niles Community Service District. WATER - This area will be continue to be served by the California Water Service ',~6mrany. ~ - (Refuse) - When annexed, service will be provided by the City either by [ ~.C&'t~?orces 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. 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." Both trunk lines are served by City Treatment Plant No. 2. Adequate capacity exists. Adequate capacity exists. City refuse pickup is twice a week. G:\GROU PDATXlegaI~2001XAnnx428 VII. VIII. A. 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 should have no affect on the near term level or capability of the City to provide needed services. At the time of full build-out of the proposed residential development, additional police officers will likely be required to maintain the current level of city service. The completion of any future road construction within the territory will have minimal effect on the future maintenance responsibility of the City and should not affect the existing level of service. Would city/district require any upgrading or change in facilities to service affected territory (roads, fire hydrants, mains, etc.): If so, would city/district or residents be responsible for financing? No, the territory is now vacant and undeveloped and when development occurs, the developer provides and pays 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 existing zoning in affected territory. The major portion of the territory is County M-3 (Heavy Industrial) Zone. The state drainfield on the east side of the territory is County A (Agriculture) Zone. The remainder area directly south of the State drainfield is County M-1 (Light Industrial) Zone. 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 corresponding areas within the territory have been prezoned to City M-3 (Heavy Industrial), A (Agriculture) and M-1 (Light Manufacturing) Zones, which are corresponding and consistent with the existing County.zoning. 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 Sheriff 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 upon further development within the subject area. City govemment also provides increased political representation for 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 area equals 1.125759% 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 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 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 of $50,000.00? The property rate will not increase due to annexation and re-assessment will not occur due to annexation.