HomeMy WebLinkAboutRES NO 107-99RESOLUTION NO. '1, 0 ?' g 9
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
406, LOCATED AT THE NORTHEAST CORNER OF PACHECO
ROAD AND EVE STREET (WARD 1 ).
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, 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
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. 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 uninhabited 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
Bart Thiltgen
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 Coun il of the City of Bakersfield at a regular meeting thereof held on
~L Z 1 199~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCiLMEMBER NON F_
COUNCILMEMBER k)0N
COUNCILMEMBER
APPROVED JUL ;~ 11~
~C~
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CA~,L<:~ERNAI~DEZ ,/
Assistant City Attorney
MO:paht
June4, 1999
s:\annexation\ann406.roa.wpd
S:~NNEXATION~ANN406. ROA
3
ORdiNAL
EXHIBIT "A"
PACHECO NO. 11
ANNEXATION NO. 406
A parcel of land being portions of the southeast 1/4 of Section 18 and northeast 1/4 of Section
19, T. 30 S., R. 28 E., M.D.M., County of Kern, State of California, more particularly described
as follows:
Commencing at the southeast comer of said Section 18, said comer being monumented and
designated by calculated conversion to be 2,300,784.8971 feet north and 6,262,405.5741 feet east
per Califomia Coordinate System (N.A.D. 83), Zone 5;
Thence N 89° 30' 54" W, along the south line of said Section 18, a distance of 1320.52 feet to
intersect the center line of Eve Street as shown on Parcel Map No. 4992 filed for record in Book
22 of Parcel Maps, page 58 in the Office of the Kem County Recorder, said point also being on
the existing corporate boundary line of the City of Bakersfield;
Thence N 00° 37' 31" E, along said center line (m~d corporate boundary line), 510.77 feet to the
northwest comer of Parcel I of said Proeel Map No. 4992, said point being the TRUE POINT OF
BEGINNING;
Thence (1) S 89° 30' 44" E, along the north line of said Parcel 1, a distance of 660.43 feet to the
northeast comer if said Parcel 1;
Thence (2) S 00° 36' 56" W, along the east line of said parcel 1 (and southerly prolongation
thereof), 540.73 feet to intersect the south line of the north 30 feet of said Section 19, also being
a point on the existing corporate boundary line of the City of Bakersfield;
Thence (3) N 89° 30' 54" W along said corporate boundary line, 660.52 feet to intersect the
southerly prolongation of the center line of Eve Street;
Thence (4) N 00° 37' 31" E, along said prolongation line and center line (and corporate boundary
line), 540.77 feet to the TRUE POINT OF BEGINNING;
Containing 8.20 acres (more or less)
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EXHIBIT "B"
PLAN FOR PROVIDING SERVICES
ANNEXATION NO. 406
(PACHECO NO. 11)
SERVICES
Planning
Parks and
Recreation
Library
Police
Protection
Fire Protection
Street
Construction
Maintenance
Sweeping
Lighting
Flood Control
Sewerage
Water
OtheF
(REFUSE)
Agency Which Presently
Provides Service
COUNTY
COUNTY & CITY
Check Services Which City/District
Will Provide
Upon Future Date
Annexation (Specify)
CITY
COUNTY & CITY
Indicate How Services Provided By City/Disgri.cg will be
Financed (i.e.. general tax rate or s_necial assessment.)
GENERAL TAX REVENUES
GENERAL TAX REVENUES
COUNTY
SHERIFF & HIGHW'AY PATROL CITY
N/A
GENERAL TAX REVENUES
CITY
COUNTY
COUNTY
COUNTY
CITY
CALIFORNIA WATER SERVICE
COMPANY
PRIVATE
CITY (SEE PAGE 2)
CITY
U/D
CITY
CITY
CITY
CITY
CITY
GENERAL TAX REVENUES, FIRE FUND
GENERAL AND GAS TAX REVENUES
BY PRIVATE DEVELOPMENT
GENERAL AND GAS TAX REVENUES
GENERAL AND GAS TAX REVENUES
GENERAL TAX REVENUES
GENERAL TAX REVENUES
USER FEE
USER FEE
CITY USER FEE
U/D - UPON DEVELOPMENT WITHIN ANNEXATION BOUNDARY
EXHIBIT "C"
Location
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 corner of Truxtun Avenue and Eye Street,
approximately 5 miles northwest of the annexation.
Please provide the following information, when applicable, only for service which will 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.
response is approximately 7.00 minutes or less.
First priority
FIRE - Service will be provided by City Station No. 5, located at the northwest corner of
South Chester Avenue and Planz Road 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
the City.
Fire protection is provided on a 24-hour basis. The annexation will not affect City or
County Fire service capability or response time.
PARKS AND RECREATION - City maintained Planz Park is located at the southeast
corner of Planz Road and South H Street and County maintained Casa Loma Park is
easterly of the annexation area. A portion of the territory is within the boundary of the
Casa Loma Specific Plan. The Parks and Recreation element notes no future park-sites
scheduled for development in the annexation area.
LIBRARY -N/A
STREETS - The City Corporation yard on Truxtun Avenue west Fwy. 99 will provide
necessary facilities, personnel and services to accommodate Public Works efforts.
Existing neighborhood Parks (City and Count) are open to the public at reasonable hours.
N/A
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.
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."
SEWER - City maintained sewer mains are already in existence in both Eve Street and
Pacheco Road adjacent to and within the area.
Adequate capacity exists.
WATER - The territory will continue to be served by the California Water Service
Company.
OTHER - (Refuse) - When annexed, service will be provided by the City either by City
forces or by contracts with a franchise refuse collector.
Adequate capacity exists.
City refuse pickup is twice a week.
406 Pacheco No 1 l,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 minimal affect on the near
term level or capability of the City to provide needed services. Additional police officers
should not be required to maintain the current level of city service. Annexation of the county
street within the territory will have very minimal affect on 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 service affected territory
(roads, fire hydrants, mains, etc.): If so, would city/district or residents be responsible for
financing? No, if any additional development occurs, the developer provides and pays for
major facilities and dedicates them to the City. No up~ading or change in facilities will be
required in the territory for annexation.
V,
Indicate and explain existing zoning in affected territory. The area is located within the Casa
Loma Specific Plan Area adopted by the 'City Council on August 6, 1986 and by Kern
County Board of Supervisors on August 25, 1986. The Specific Plan is a City/County Joint
Product providing for land uses under joint jurisdiction.
VI.
Indicate and explained 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 proposed prezoning will comply with the Casa Loma specific plan land use code 5.2 -
Medium Density residential with minimum of 2,722 square feet of site area per unit and
maximum of 16 units per net acre.
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
services. The present City refuse collection rate is substantially lower than fees county
residents now pay to independent companies. No special assessment or charges for street
sweeping. leaf collection, street lighting energy costs and fire hydrants upon development
of subject area. City government also provides increased political representation for
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 1.139540% 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
1998-99 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 bounded 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.
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VICINITY MAP