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HomeMy WebLinkAboutRES NO 154-01RESOLUTION NO. ][ 5 '~ "0 1 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD AS ANNEXATION NO. 430 LOCATED AT THE NORTHEAST CORNER OF NORIEGA AND ALLEN ROADS (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, 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 at the northeast corner of Noriega Road and Allen Road. 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~A~;,~.. City desires to receive tax revenues for benefits given and to be given to the territory propose~ '~- to be annexed. ~- OR1.GINAt 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 headng 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. 2 ......... 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 OCT 3 2001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~O('"J E- COUNCILMEMBER CITY CLERK and Ex offic'mo Cle~ of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. TH)I~GEN City ~tZ~ By: 7./~.4,'~.~ ~_ MO:pah September 11,2001 S :~A,n~.~xation~AN N430. R OA.wpd ORIGINAL EXHIBIT "A" NORIEGA NO. 2 ANNEXATION NO. 430 A parcel of land being a portion of the west ½ of Section 13, Township 29 south, Range 26 east, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the monumented west 1/4 comer of said Section 13 also being the point of intersection of the center lines of Allen Road (Co. Rd. No. 67) and Noriega Road (Co. Rd. No. 715), said west 1/4 comer being calculated as 2,335,745.129 feet North and 6,220,299.827 feet East per Califomia Coordinate System (N.A.D. 83), Zone 5; Thence S 89° 13' 54" E, along the east/west mid-section line of said Section 13, a distance of 648.89 feet to meet the northwest comer of Lot 23 of"Sales Map of Lands of Kern County Land Company" per map filed for record November 24, 1891, in the Office of the Kern County Recorder, said comer also being on the existing corporate boundary line of the City of Bakersfield; Thence S 00° 46' 47" W, along the west line of said Lot 23 and said corporate boundary line, 30.00 feet to meet the south fight of way line of Noriega Road (Co. Rd. No. 715), also being the TRUE POINT OF BEGINNING; Thence (1) N 89° lY 54" W, along said south right of way line, 618.86 feet to meet the east right of way line of Allen Road (Co. Rd. No. 67); Thence (2) N 00° 42' 48.2" E, along said east right of way line, 30.00 feet to meet the center line of Noriega Road; Thence (3) N 00° 43' 02.5" E, along the east right of way line of Allen Road, 1316.83 feet to meet the north line of Lot 9 of said "Sales Map of Lands of Kern County Land Company", said point also being on the existing corporate boundary line of the City of Bakersfield; Thence easterly, southerly and westerly, along said corporate boundary line, following courses (4) through (7): Thence (4) S 89° 15' 10" E, along the north line of Lots 9 and 10 of said "Sales Map", 1281.89 feet to the northeast comer of said Lot 10; Thence (5) S 00° 48' 58" W, along the east line of said Lot 10, a distance of 1287.30 feet to meet the north right of way line of Noriega Road; Thence (6) N 89° 13' 54" W, along said north right of way line, 660.75 feet to meet the west line of said Lot 10; Thence (7) S 00° 46' 47" W, along the west line, of said Lots 10 and 23, a distance of 60.00 feet to the TRUE POINT OF BEGINNING. rtl Containing 38.70 acres (more Or less) ©RI.qINAL : PROPOSED : - / ANNEXA~ON OF Na ~a~o ~ST~ : ~ TO ~E Cl~ OF BAKERSFIELD - ~ I/I/III/IIX EX~STWG CORPOR~ ~ eOU~OARY - , III Ill Ill Ill Ill PROPOSED ANNEXA~ON BOUNDARY ~; I ~,.,,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,.,.. ANNEXATION NO. 430 (NORIEGA NO. 2) 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 NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION & PARK DIST. Librar~ 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 Lightin~ CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY (SEE PAGE 2) USER FEE & PRVT. DVMT. Water VAUGHN WATER SERVICE CO. USER FEE Other (REFUSE) PRIVATE CITY USER FEE G :~3ROUPDAT~IegaB2001 ~ANN X430.wpd 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.) POLICE-AIl police services in the City of Bakersfield are administered through the City Police Department located at the s/w comer of Truxtun Avenue and Eye Street approximately 8 miles southeast of the annexation areas. FIRE-Service to the Area will be provided by County Station No. 65 located at the Northeast comer of Calloway Drive and Rosedale Highway pursuant to exchange wherein 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 fi'om the City's taxpayers must be transferred to the County. PARKS AND RECREATION - The annexation project is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to all adopted requirements and standards of the district. LIBRARY-N/A STREETS-The City Corporation yard on Tmxton 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 from the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting when located within the City's right of way. SEWER-The proposed annexation is within the boundary oftbe "City Service Area" inside of County Service Area 71 (C.S.A. 71 ) whereby sewer service is provided by the City. A city sewer exists in Noriega Road at Smokey Mountain Way approximately 1,150 feet east of Allen Road. WATER-The area is being served by the Vaughn Water Service Company and no change will occur upon annexation. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. Service Level Capacity Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. programs, etc. 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. Existing neighborhood Parks (City and County) 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. 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 will not affect the near term level or capability of the City to provide needed services. At the time of develooment, additional police officers could possibly be required to maintain the current level of city service. The planned future development of public streets and municipal facilities within the areas will increase the future maintenance responsibility of the City but should not affect the existing level of service IV. 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 develovment provides and pgys for maior facilities and dedicates them to the City. No unerading or change in facilities will be required in the areas for annexation. The area is now vacant and the proposed use is for residential development. Indicate and explain existing zoning in affected territory. The annexation area is presently zoned County A (Agriculture) Zone. VI. VII. 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 area is prezoned City A (Aariculture) Zone. The prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan designation. The applicant is presently pursuing a City General Plan Amendment chan~in~ zoning to residential designation. 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. C it,/Police should be able to respond ~n a mom timely manner than present Coun~ Sheriffservices. The present City refuse collection rate is substantially lower than fees county residents now pay to independent companies. No special assessments or char~es for street sweeping, leaf collection, street lighting energy costs and fire hydrants when located within the City' s incorporated area. 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 areas equals 1.095760% of assessad marketa This represents the total property tax rate. When annexed a designated percentage of the total property tax of the areas will accrue to the City and remainder to the County for providing health care and social services (Rate as shown on 2000-2001 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 (2000-2001) 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 vronertv rate will not increase due to annexation and re-assessment will not occur due to annexation. ORI~INAL