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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 -1- SEC. I '11.30 S.R. 27E sc.oo- ms~. /'/ 56'-~7 J [ ~L~'il I [ ~' ~'~ r~c~ ~ ~ r~cr /380 ~os~ ~zz~ 1043 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.