HomeMy WebLinkAboutRES NO 112-01RESOLUTION NO. 1 I 2 ' 0 I
ARESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR ANNEXATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AS ANNEXATION NO. 429 LOCATED ALONG
THE NORTH SIDE OF MING AVENUE, WEST OF ANITA LANE
(WARD 7)
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 owners in the annexation area have 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 along the north side
of Ming Avenue, west of Anita Lane.
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 Qty of Bakersfield, and,~l~ , '4~¢
for benefits g ven and to be given to the territory propo_~18 · ' 'r~
City
desires
to
receive
tax
revenues
4
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 ininhabited pursuant to Section 56046 of the Government Code.
8. That the territory proposed for annexation as described herein has been
determined to have 100% of property owners consenting 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 Local Agency Formation Commission waive the protest hearing
proceedings pursuant to Part 4, commencing with Section 57000 o fthe Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000.
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
12. 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
AUG 8 2001 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, D~i;AM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER nO~
COUNClLMEMBER ~O~-.-
COUNClLMEMBER ~¢~
CITY CLERK and Ex OffiCio Clerk of the
Council of the City of Bakersfield
APPROV.,~ AUG 8/~.j.1 ./~
H~tl~VEY L. ALL ~
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THIL~EN
City A~ttor.~.
MO:pah
J~ly 16, 2001
S:~,nnexation~ANN429.ROA.wpd
EXHIBIT "A"
"MING NO. 9"
ANNEXATION NO. 429
A parcel of land being a portion of the southeast 1/4 of Section 1, Township 30 South, Range 27
East, M.D.M., County of Kern, State of California, more particularly described as follows:
Commencing at the southeast comer of said Section 1 being a monumented comer at the point of
intersection of the center lines of Ming Avenue and South "H" Street, said section comer also
being calculated as 2,311,404.472 feet North and 6,257,098.888 feet East per California
Coordinate System (N.A.D. 83), Zone 5;
Thence N 89° 54' 08" W, along the south line of Said Section 1, a distance of 1986.15 feet to
intersect the southerly prolongation of the west fight of way line of the 20 foot wide alley on the
west boundary line of Tract No. 1635 per map filed for record in Book 8 of Maps, Page 14 in the
Office of the Kern County Recorder;
Thence N 00° 07' 52" E, along said prolongation line, 30.00 feet to intersect the north fight of
way line of Ming Avenue (Co. Rd. No. 208), said point also being on the existing corporate
boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING;
Thence (1) continuing N 00° 07' 52" E along the west line of said 20 foot wide alley, 270.80 feet
to intersect the westerly prolongation of the south right of way line of June Avenue;
Thence (2) S 89° 54' 08" E, along said south right of way line (and prolongation thereof), 662.07
feet to intersect the east boundary line of said Tract No. 1635, also being a point on the existing
corporate boundary line of the City of Bakersfield;
Thence (3) S 00° 06' 22" W, along said tract boundary line and corporate boundary line, 270.80
feet to intersect the north right of way line of Ming Avenue (Co. Rd. No. 208);
Thence (4) N 89° 54' 08" W, along said north right of way line and corporate boundary line,
662.19 feet to the TRUE POiNT OF BEGINNING.
Containing 4.12 acres (more oi' less)
GSGROUPDATxRon~Annex 429 Exh A
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SEC. I '11.30 S.R. 27E sc.oo- ms~. /'/
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TRA C T
~ II~ PROPOS~ ANNEXATION
.[co..~ --~, Cl~ OF BAKERSFIELD
'" ~' ~ '~' CALIFORNIA
o~c~ ~coa=. o~
~e. ~u~. C~L~O~N~A ENGINEERING DE~A~TME~
ANNEXATION NO. 429
(MING NO. 9)
PLAN FOR PROVIDING SERVICES
;ERVICES 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 rate 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 CITY CITY GENERAL TAX REVENUES, FIRE
FUND
Street COUNTY CITY GENERAL AND GAS TAX
REVENUES
Construction CITY GENERAL AND GAS TAX
REVENUES
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 FEE
Water CALIFORNIA WATER SERVICE USER FEE
CO.
Other/REFUSE) PRIVATE CONTRACTOR CITY USER FEE
EXHIBIT "C'
1. Please provide the lbllowing information, when applicable, only Ibr service which will be provided by the
Location
indicate location from which service
will be provided (i.e. nearest lire
station, library, etc.)
EXHIBIT "C"
applicant city.
Service Level Capacity
Indicate frequency and availability
of service (i.e., street sweeping,
response time for emergency services, rec. programs,
etc.
POLICE-All police services in the City of Bakerslield are administered through the City Police
Department located at the s/w comer of Truxtun Avenue and Eye Street approximately 2 ½ miles
northerly of the annexation.
FIRE-Service will continue to be provided by City Station No. 7 located at the northeast comer of
Akers Road and Sorrano Avenue pursuant to exchange wherein City protects certain property within
the County'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 tbe City.
PARKS AND RECREATION - The City's Wilson Park is approximately V2 mile south of the area at
Wilson Road and Hughes Lane.
LIBRARY-N/A
STREETS-The City Corporation yard on Tmxtun Avenue wesl Fwy. 99 will provide necessary
facilities, personnel and services to accommodate Public Works eft'brts.
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/maintenance, sweeping and lighting in those areas that will become
City right of way.
SEWER-A City trunk sewer is located in Ming Avenue adjacent to the area. This line is directed to
City Wastewater Treatment Plant 2. Construction of a branch sewer line would be necessary because
no tbrect house connec ions are perm'tted to the 30 trunk line.
WATER-The territory will continue to be served by California Water Service Company.
OTItER-(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 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".
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 should have no affect on the near term level or capability of the City to provide needed services.
The territory consists of six (6) residential lots and additional police officers should not be required to
maintain the current level of city 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 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 presently zoned County R-S
(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 prezoned the territory
to the corresponding City R-S {Residential Suburban) Zone.
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 assessments
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:
Lisl: existing tax rate(s) in area. The existing tax rate in the maior portion of the area equals 1.149189% 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 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.