HomeMy WebLinkAboutRES NO 012-03RESOLUTION NO. 0 12 "0 3
A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS
FOR REORGANIZATION OF TERRITORY TO THE CITY OF
BAKERSFIELD AND NORTH OF RIVER SANITARY DISTRICT AS
ANNEXATION NO. 439 LOCATED ALONG THE WEST SIDE OF
ALLEN ROAD, BETWEEN REINA ROAD AND KRATZMEYER
ROAD. (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, JULY 14,
1997, and THURSDAY, JULY 17, 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 Californiaq, a local newspaper of general circulation; and
WHEREAS, by Resolution No. 53-97 on July 17, 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 proposed annexation territory is within the Greater Bakersfield Separation of
Grade District; and
WHEREAS, the territory along the west side of Allen Road, between Reina Road and
Kratzmeyer Road is outside the North of River Sanitary District boundary; and
WHEREAS, the territory along the west side of Allen Road, between Reina Road and
Kratzmeyer Road is within the North of River Sanitary District Sphere of Influence boundary; and
WHEREAS, the North of River Sanitary District has agreed to serve the territory along the
west side of Allen Road, between Reina Road and Kratzmeyer Road upon annexation to the
Sanitary District; and
WHEREAS, the City has agreed to serve the territory upon annexation; and
WHEREAS, the property owners of the territory have consented to annexation; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that it
hereby finds and determines as follows:
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 west of Allen Road north of Reina Road.
8.
9.
10.
11.
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.
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.
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 City desires to receive tax revenues for benefits given and to be given to the
territory proposed to be annexed.
That for this proposed annexation territory and the prezoning therefore, 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.
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.
That the territory proposed for annexation as described herein has been determined
to be uninhabited pursuant to Section 56046 of the Government Code.
That the territory proposed for annexation as described herein has been determined
to have 100% of property owners consenting to annexation.
That the territory proposed for annexation as described herein is within the City of
Bakersfield Sphere of Influence Boundary.
That the Local Agency Formation Commission waive the protest hearing
proceedings pursuant to Part 4, commencing with Section 57000 of the Cortese-
Knox-Hertzberg Local Government Reorganization Act of 2000.
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 pass~cl, ctrg, d,t~C,q~ed, by the
Council of the City of Bakersfield at a regular meeting thereof held on d~14 ~ aI ~'"'
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNClLMEMBER ¢
APPROVED
JAN 29 ZOO3
PAMELA A. McCARTHY, CMC/~
CITY CLERK and Ex Officio C~rk of the
Council of the City of Bakersfield
MORE SIGNATURES ON NEXT PAGE
HARVEY L.' HALL /"
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attorney ?
MO:djl
December 30, 2002.
S:~Annexation\Res of Applic~ann439.roa.doc
EXHIBIT "A"
"ALLEN ROAD NO. 8"
ANNEXATION NO. 439
That parcel of land being portions of Sections 11, 12, 13 and 14, Township 29 South,
Range 26 East, MD.M, County of Kern, State of California, more particularly described
as follows:
Commencing at the northeast corner of said Section 14, also being the point of
intersection of the center lines of Allen Road (Co. Rd. No. 67 & 843) and Reina Road
(Co. Rd. No. 715), said point being a monumented section corner calculated to be
2,338,379.095 feet North and 6,220,332.853 feet East per California Coordinate System
(N.AD. 83), Zone 5;
Thence S 89° 16' 59" E, along the north line of said Section 13, a distance of 30.00 feet
to a point on the existing corporate boundary line of the City of Bakersfield;
Thence S 00° 43' 03" W, along said corporate boundary line, 30.00 feet to intersect the
south right of way line of Reina Road, said point being the True Point of Beginning;
Thence (1) departing said corporate boundary, N 89° 16" 59" W, along the westerly
prolongation of said south right of way line, 30.00 feet to meet the east line of said
Section 14;
Thence (2) continuing along the south right of way line of Reina Road (south line of the
north 30 feet of said Section 14) N 89° 15' 57" W, 1321.19 feet to intersect the southerly
prolongation of the west line of Lot 31 of "Sales Map of Lands of Kern County Land
Company" in said Section 11, per map filed for record January 9, 1891, in the Office of
the Kern County Recorder;
Thence (3) N 00° 44' 38" E, along the west lines of Lots 31 and 18 of said "Sale Map of
Lands of Kern County Land Company" (and prolongations thereof), 2703.24 feet to
intersect the north right of way line of Kratzmeyer Road (Co. Rd. No. 67);
Thence (4) S 89° 14' 13" E, along said north right of way line, 1321.01 feet to intersect
the west line of said Section 12;
Thence (5) S 89° 18' 20" E, 61.00 feet to a point on the north right of way line of Olive
Drive (Co. Rd. No. 67), said point also being an angle point on the existing corporate
boundary of the City of Bakersfield;
Thence southerly along said existing corporate boundary line for courses (6) through
(10) as follows:
Thence (6) S 00° 44' 25" W, 373.78 feet;
G:\GROUPDATtRon\2003\EXHIBIT A - Annex 439 doc - 1 -
Thence (7) S 02° 26' 15" W, 336.38 feet to intersect the south line of Tract No. 5831,
Unit 1, filed for record in Book 45 of Maps, Page 117 in the Office of the Kern County
Recorder;
Thence (8) N 89° 18' 20" W, along said south line, 21.04 feet to intersect the east line of
the west 30 feet of said Section 12;
Thence (9) S O0° 44' 25" W, along said east line, 1962.59 feet to intersect the south line
of said Section 12;
Thence (10) S O0° 43' 03" W, 30.00 feet to the True Point of Beginning.
Containing 84.30 acres (more or less)
G:\GROUPDAT~Ron\2003\EXHIBIT A - Annex 439 doc - 2 -
EXHIBIT 'B'
CITY OF BAKERSFIELD AND
NORTH OF THE RIVER
SANITARY DISTRICT No. 1
REORGANIZATION AREA
ANNEXATION NO, 4J9
RESOLUTION NO.
ANNEXATION OF
ALL~N FtOAD No. 8
TO THE CITY OF BAKERSFIELD
84. J0 ACRES
ANNEXATION NO. 439
(AI,LEN ROAD NO. 8)
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 rate or special
assessment.I
Future Date
Upon (specify)
Annexation
Planning COUNTY ClAY GENERAl, TAX REVENUES
Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES
RECREATION & PARK DIST.
Library COUNTY N/A
Police Protection SHERIFF & HIGHWAY PATROL CllY GENERAL TAX REVENUES
Fire Protection COUNTY (SEE PAGE 2) COUNI Y GENERAL TAX REVENUES, FIRE
FUND
Street COUNTY CITY GENERAL AND GAS TAX
REVENUES
Construction COUNTY BY PRIVATE DEVELOPMENT
Maintenance COUNTY CllY GENERAL AND GAS TAX
REVENUES
Sweeping Cll'Y GENERAL AND GAS TAX
REVENUES
Lighting CITY GENERAL TAX REVENUES
Flood Control COUNTY CITY GENERAL TAX REVENUES
Sewerage NORTH OF THE RIVER USER FEE & PRIVATE
SANITARY DISTRICT DEVELOPMENT
Water VAUGHAN WATER SERVICE USER FEE
COMPANY
CITY USER FEE
Other (REFUSE) PRIVATE
EXHIBIT "C"
(ALLEN ROAD NO. 8)
EXHIBIT "C"
1. Please provide the following inlbrmation, 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.)
Service Level Capacity
Indicate frequency and availability
of service (i.e., street sweeping,
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 10
miles southeast of the annexation.
FIRE-Service will be provided by County Station No. 65 located at 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 fund collection from the City's taxpayers must be transl~rred to the City
and County.
PARKS AND RECREATION - The annexation territory is within the jurisdiction of the North
Bakersfield Recreation and Park District and is subject to all adopted requirements and
standards of the district.
LIBRAR¥-N/A
STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 will provide necessary
Ihcilities, personnel and services to accommodate Public Works elt~rts.
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-The territory is within the service area boundary of the North of the River Sanitary
District No. 1. The District has an existing trunk sewer line in Kratzmeyer Road which is
available to serve the territory.
WATER-The territory will continue to be served by Vaughn 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.
response time for emergency
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 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".
Adequate capacity exists.
Adequate capacity exists.
City refuse pickup is twice a week.
(ALLEN ROAD NO. 8)
Ill.
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 l~cilities, etc)?
The annexation of this territory will have minimal effect on the near term level nr capability of the
IV.
VII.
VIII
A.
City to provide needed services. Upon future development in the territory additional police officers
would possibly be required to maintain the current level of city service. The planned residential
development including public streets and other municipal facilities in the territory will increase the
future maintenance responsibility of the City but should not affect the existing level of service.
Wnuld 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~ if
any additional development occurs~ the developer provides and pays for maior facilities and
dedicates them to the City. no upgrading or change in facilities will be required in the territory for
annexation.
Indicate and explain existing zoning in affected territory. The territory' presently zoned County A
tExclusive Agriculture} Zone.
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 corresponding City A (Agriculture} Zone. The prezoning is consistent with the
Metropolitan Bakersfield 2010 General Plan designation. However~ the owners and the City have
initiated a General Plan Amendment to change the City Zoning to R-1 (One Family Dwelling} Zone
and C-2 (Regional Commercial} 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 assessment or charges for street sweeping~ leaf collection~ street liuhting
energy costs and fire hydrants upon development of subiect area. City government also provides
increased political representation for the residents within the corporate limits.
Please provide thc following information relative to city/district and county taxes:
List existing tax rate(s) in area. The existing general tax rate in the area equals 1.092585% 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 for the) County Auditor-Controller
2002 Lien Date}.
Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. Nov the
last listed (1992-93} City bonded indebtedness has been paid off and the current 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 general propert~ rate will not increase due to annexation and re-assessment will not occur due to
annexation.
(ALLEN ROAD NO. 8)
ANNEXATION 439
~NOW
11
. _ _KRATZMEYER ROAD
ANNEXA TION t.' ~..~"'~
z
OLIVE DRIVE I 2
RFINA
ROAD
T29S, R26E