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HomeMy WebLinkAboutRES NO 12-99RESOLUTION NO. ] 2' 9 9 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 402 (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 proposed annexation of certain properties to the City of Bakersfield known as Annexation No. 402, notice of the time and place of hearing having been given at least twenty-one 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 of the prezoning for the annexation 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 56800 of the Government Code of the State of California. 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 described 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. 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 Local Government Reorganization Act of 1985, 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 owner 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 proposed to be annexed. Also, the city wishes to improve the intersection which the territory is a part of. 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 Negative Declarations as set forth in the California Environmental Quality Act and City of Bakersfield Resolution No. 107-86 have been duly followed and the Negative Declaration for this proposed annexation is hereby approved and adopted. 7. That the territory proposed for annexation as described herein has been determined to be uninhabitated pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Section 56046 of the Government Code. 8. 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: City Clerk City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 9. 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. ......... o0o ........ 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 Fve 10 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CAR ON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER {::) ~_ 2 ~e)RtGiNA~ APPROVED FEB :L 0 1999 BOB PRiCIL' MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY Assistant City Attorney MO:pjt December 21, 1998 res\r402-cc 3 ORiGiNAL EXHIBIT "A" -. BRIMHALL NO. 5 ANNEXATION NO. 402 A parcel of land being a portion of Section 30 Township 29 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the West 1/4 corner of said Section 30, said corner being marked "Kern County Surveyors Concrete Monument in Lamphole" and designated by computed conversion to be 2,325,115. 1154 feet North and 6,225,418. 0696 feet East per California Coordinate System (C.C.S., 83), Zone 5; Thence South 89 ° 10' 52" East, along the East/West mid-section line of said Section 30, a distance of 30.00 feet to a point on the East right of way line of Jewetta Avenue (Co. Rd. No. 589), said point also being on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, South 89° 10' 52" East, along said mid-section line, 634.47 feet to meet the East line of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 30, also being a point on the existing corporate boundary of the City of Bakersfield; Thence (2) South 00° 49' 57" West, along said East line (and corporate boundary), 120.00 feet to meet the South line of the North 120 feet of said section segment; Thence (3) departing from said corporate boundary, North 89° 10' 52" West, along said South line, 634.41 feet to a point on the East right of way line of Jewetta Avenue (Co. Rd. No.589) also being a point on the existing corporate boundary of the City of Bakersfield; Thence (4) North 00° 48' 21" East, 120.00 feet, along said corporate boundary line, to the TRUE POINT OF BEGINNING. Containing 1.75 acres G:\GROUPDA'RRon~Annexation 402 Exh-A Bnmhall.wpd (4) 1 ~ BIRCHH AVE N .SEC. 30 T. 29 $. R, 27 E. LOT 8 OF SALES MAP OF KERN COUNTY LANO COMPANY HALL.-,, ROAD TRACT 5827-A ZZ M.B. 23., P. 170 All Roodi ' :Are ? I P M. 5576 VICINITY~ MAP ANNEXATION NO. ~0~,. IF.S(X.UTION NO. ANNEXATION OF tBRIMHALL No. 5 TO THE CITY Of BAKERSFIELD 1.75 -' ~.Jl~E: (FEET) ,~o---o ioo zoo, ~,~ ........ EXHIBIT PLANS FOR PROVIDING SERVICES ANNEXATION NO. 402 (BRIMHALL NO. 5) AGENCY WHICH PRESENTLY CHECK SERVICES WHICH INDICATE HOW SERVICES !SERVICES PROVIDES SERVICE CITY/DISTRICT WILL PROVIDE PROVIDED BY CITY~DISTRICT WILL BE Upon Annexation Future Date FINANCED (I.E., GENERAL TAX RATE OR SPECIAL (Specify) ASSESSMENT.) Planning COUNTY CITY GENERAL/AX REVENUES Parks & NORTH BAKERSFIELD GENERAL TAX REVENUES Recreation RECREATION & PARK DISTRICT Library COUNTY N/A Police Protection SHERIFF AND HIGHWAY CITY GENERAL TAX REVENUES PATROL Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND Street N/A CITY GENERAL AND GAS TAX REVENUES Construction N/A UPON PRIVATE DEVELOPMENT / GENERAL AND GAS D~.:V~.:I.()PM~!Nr TAX REVENUES Maintenance CITY UPON GENERAI, AND GAS TAX REVENUES I)IWEI,()PMI-~NI' Sweeping CITY UPON GENERAL AND GAS TAX REVENUES I)I'iVI'iI ,OPMIiNI' Lighting CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY (SEE PAGE 2) CITY USER FEE Water VAUGHN WATER SERVICE USER FEE CO. Other PRIVATE CITY USER FEE (REFUSE) ~ G:\Ca/lL~IPDA'lkRon\Anncxation 402-Brimhall Exh Cl&2.wpd EXHIBIT "C" I. Please provide the following information, when applicable, only tbr service which will be provided by the applicant city. Location Indicate location from ~hich 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, 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 about 6 miles Northwest of the annexation. FIRE - Service will be provided by County Station No. 65 located on the Northeast corner 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 fired collected t?om the City's taxpayers must be transferred to the County. PARKS AND RECREATION - The annexation area 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 Cit3 Corporation yard on Truxtt, n 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/maintenance, sweeping and lighting in those areas that ~ill become C it~ right of way. SEWER - The territory has access to the existing City trunk sewer line on Jewetta Avenue which was constmctured as part of the City's "Judkins" trunk sewer system and is directed to City Waste Treatment Plant No. 3. WATER - The territory is within the service area boundary of the Vaughn Water Service Company and no chauge will occur upon annexation OTHER - (Refuse) - When annexed, service will be provided by the City either by City Tlio.r~,es 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 C ity/County Joint Fire service capability. All District 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 reft, se pickup is twice a week. :-~: G:\GR01~[' DAT~Ron \.Annexation 402-Brimhall Exh C l&2.wpd III. 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 no affect on the near term level or capability of the City to provide services. A portion of the territory is proposed for additional public road right of way for Palm Avenue. No additional police officers will be required to maintain the current level of city service. The territory will provide for planned widening of palm Avenue and improvements to the Jewetta Avenue intersection. 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? NO upgrading or change in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. The subject territory is presently zoned County E ( 1/2) (Estate - 1/2 acmin) Zone. VI. Indicate and explain proposed pre-zoning 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 proposes to prezone the territory to City E (Estate - .5 ac min.) zone which is compatible with the present County designation. The proposed prezoning is consistent with the Metropolitan Bakers field 2010 General Plan designation. VII. 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. 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. VIII. 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 1.086434% 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 and social services. (Rate as shown on 1998-1999 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 off and the current (1998-99) 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? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. S:\RON\ 1999XAnnex402 Exhibit C-3 .wpd