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HomeMy WebLinkAboutRES NO 61-99RSSOLUTIO..0.6 I ' 9 9 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 404, (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 the prezoning for the proposed annexation of certain properties to the City of Bakersfield, notice of the time and place of hearing having been given at least twenty 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 hemto 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 owners and residents 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. 5. That for this proposed annexation and the prezoning therefor, Ordinance No. 3886, which was adopted March 17, 1999, 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 December 14, 1998. 6. That the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in the California Environmental Quality Act has been duly followed. ORIGI,NAL 7. That the territory proposed for annexation as described herein has been determined to be inhabited pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Section 58046 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 MAY ~,6 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER j~!~nPp~ COUNCILMEMBER COUNCILMEMBER Council of the City of Bakersfield MAY 26 1999 APPROVED 2 MAYOR of the City of Bakersfield OFFICE OF THE CITY ATTORNEY MO:pjt May 11, 1999 res\r404-roa EXHIBIT "A" BRIMHALL NO. 6 ANNEXATION NO. 404 A portion of the Northeast 1/4 of Section 31, Township 29 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the Northeast corner of said Section 31, said corner being monumented and designated by calculated conversion to be 2,322,392.5380 feet North and 6,230,740.3252 feet East per the California Coordinate System (N.A.D. 83), Zone 5; Thence North 89°06'37'' West, along the North Line of said Section 31. A distance of 660.37 feet; Thence South 00043'24" West, 57.88 feet to a point on the West Line of Lot 1 of "Sales Map of the Lands of Kern County Land Company" per map filed for record April 20, 1891 in the office of the Kern County Recorder, said point also being a point on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence continuing on and along said corporate boundary for the following nine(9) courses (said corporate boundary being on the South Right of Way Line of Brimhall Road and the West Right of Way Line of Calloway Drive for courses 1 through 8): Thence (1) South 88°14' 34" East, 140.08 feet; Thence (2) South 81 ° 46' 33" East, 112.51 feet to the beginning of a non-tangent, 1430.00 foot radius curve, concave Southwesterly, having a radial beadng of North 05° 21' 55" East to said beginning of curve; Thence (3) Southeasterly along said curve through a central angle of 05° 33' 45", an arc distance of 138.83 feet; Thence (4) South 24° 16' 02" East, 49.03 feet to the beginning of a non-tangent, 1440.00 foot radius curve, concave Northwesterly, having a radial bearing of South 59° 27' 44" East to said beginning of curve; Thence (5) Southwesterly along said curve through a central angle of 09° 43' 50", an arc distance of 244.56 feet to the beginning of a non-tangent, 1441.53 foot radius curve, concave Northwesterly, having a radial bearing of South 50° 37' 31" East to said beginning of curve; Thence (6) Southwesterly along said curve through a central angle of 10° 28' 32", an arc distance of 263.56 feet; Thence (7) South 49° 52' 38" West, 59.19 feet; Thence (8) south 50 ° 44' 20" West, 57.04 feet to a point on the West Line of said Lot 1; Thence (9) North 00° 43' 24" East, along said Lot Line, 545.50 feet to the TRUE POINT OF BEGINNING. Containing 3.08 acres (more or less) G:'~GROUPDA'l'~Ron~Annexation 404-Balmhall 6.wpd 2 R O.B./ .~ ~.L~_o.~_:4_~ cs~ , ROAD ~ (5), / > VALLEY .... " ~'~ (6 LIST OF COURSES (I) S 8r14'54'F, 140.08' (2) S 81'46'33'[, 112.5f A: 05°,~3'45" R= 14~,0.00' (3) L = 138 83' '~' = 69.47' --" (4) s ~4'm'o~'E, 49.03' ,// / 45 = 09*43' 50' R = 1440.00' 27 (5) L = 244 56' ~ = 122.,7' (7) s 4r52'~8'w 59~9' 0; / / ...... / ~' ' < ,~ ,:~ ~NNEXATION NO. 404 RE~LUTION NO.  ~ iAL~: ( FEET ) ~'~ '~ VICINITY MAP ~ ='~ ~l ~ EXHIBIT "B" PLAN FOR PROVIDING SERVICES ANNEXATION NO. 404 (BRIMHALL NO. 6) ~ Aeencv 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 soecial assessment.} Upon Future Date Annexation (specif~) Plannin~ COUNTY CITY GENERAL TAX REVENUES Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION & PARK DIST. Library COUNTY ........ N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE FUND Street CITY (UPON DEVELOPMENT) GENERAL AND GAS TAX REVENUES Construction Maintenance CITY (UPON DEVELOPMENT) GENERAL AND GAS TAX REVENUES Sweeping CITY (UPON DEVELOPMENT) GENERAL AND GAS TAX REVENUES Lighting CITY (UPON DEVELOPMENT) GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY (SEE PAGE 2) CITY USER FEE Water CITY WATER RESOURCES USER FEE Other (REFUSE) CITY USER FEE G: \G ROU PDAT~RonLSamcx404 ExhC.wpd EXHIBIT ~C" EXHIBIT "C" Please provide the following information, when applicable, only for service which will Indicate location from which service will be provided (i.e. nearest fire station, library, 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 Avenue and Eye Street approximately 5 miles easterly of the annexation. FIRE-Service 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 incure the cost of providing fire protection and the fire fund collection from the City's taxpayers must be transferred to the County. PARK~ 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. L~RARY-N/A ~ll~.~-The City Corporation yard on Truxtun 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 in those areas that will become City right of way. ~WER-The territory has access to the existing City trunk sewer line in Brimhall Road which was constructed as part of the City's "Buena Vista" trunk sewer system and is directed to City Wastewater Treatment Plant No. 3 WATER-The territory has been accepted for service by the City of Bakersfield Water Resources Department. OTHER-(Refuse)-When annexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. be provided by the applicant city. 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. District 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. G: \ GROU PDATXRxmkAnmex404 ExhC.wlxi 2 III. IV. What effects, if any, would annexation of this temtory have on the existing level of city/district services (i.e., need for additional emergency service personnel or construction of new facilities, etc)? ~ of this territory_ will have no affect on the near term level or capability of the City. to provide needed services. No additional police officers will be rex~_uired 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? Private ;tovolopm~nt provides and pays for major facilities and dedicates them to the City. No upgrading or change in facilities will be re~_uired in the territory_ for annexation. Vo Indicate and explain existing zoning m affected temtory. The subject territory is presently zoned County R-1 (Low Density_ Residential~ Zone. VI. VII. VIII A. Bo 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.) Th© City has prezoned the temtory to City C-2 (Re, final CommerciaB Zone which is compatible with existing and projected zomn~ and land uses in th~ surronnrlin~ 8re~ and is consistent with the recently approved residential development m adjacent areas on the North and East. 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 service. The present City refuse collection rate is substantially lower than foes county residents now pay to independent compames. 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 r0sidents within the co _rporate 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 ee_uai~ 1.126484% of assessed market value. This repre~ntq the total property tax rate. When annexed a desi ~nated percentage of the total property tax of the ami will accrue to the City_ and remainder to the County for providing health care and social services. (Rate as shown on 1998-99 County Auditor-Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. ~ listed (1992-93~ City bouna~-q 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 $50,000.00? The property rote will not increase due to annexation and re-assessment will not occur due to annexation. / ..c., ' ;I (bl~.l i I , ~ R-S S - ~ I PROPOSED ANNE~TION NO. VICINITY MAP