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HomeMy WebLinkAboutRES NO 97-97RESOLUTION NO. 9 7 ' 9 "~ A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 394, PIERCE NO. 2 ANNEXATION (WARD 5). 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, MARCH 3, 1997, and THURSDAY, MARCH 6, 1997, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as PIERCE NO. 2 ANNEXATION, 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. 10-97 on March 6, 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. 3761, which was adopted April 23, 1997, 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 February 4, 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 (3 this proposed annexation is hereby approved and adopted. ORIGINAL 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 Judy Skousen 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. ......... 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 JUI, I 2 $ ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~,~ ABSTAIN: COUNCiLMEMBER AB~NT: COUNCILMEMBER CITY CLERK and Ex Officio ~lerk of the Council ,of the City of Bakersfield 2 ORIGINAL APPROVED BOB~R,CE t~' ' MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt June 4, 1997 res\rp2-roa 3 ORIGINAL EXHIBIT "A" PIERCE NO, 2 ANNEXATION NO. 394 A parcel of land being portions o£ Sections 13, 14 and 24, Township 29 South, Range 27 East, M. D. M., County of Kern, State of California, more particularly described as follows: Commencing at the southeast corner of said Section 14, said corner being marked by a (Found 2" I. P.) and designated as 692,237.524 feet North, 1,690,668.075 feet East per the California Coordinate System, Zone 5; Thenee North 89° 10' 16" West, along the south line of said Section 14, a distance of 2,055.90 feet to a point on the west right of way line of State Route VI-KER-99 (Bakersfield Bypass), said right of way line being a 825.00 foot radius curve concave easterly, having a radial bearing o£North 79° 56' 33" East from said point on curve; Thence northerly along said right of curve through a central angle of 02° 19' 31" an are distance of 33.48 to a corner on the existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING; Thence along said west right o£way line (State Route VI-KER-99) for the following (8) courses: Thence (1) departing from said corporate boundary, northerly along said curve (825.00 foot radius) through a central angie of 47° 25' 03" an are length of 682.76 feet; Thence (2) North 00° 57' 34" West, 167.83 feet to the beginning of a 3,155.00 foot radius curve, concave westerly; Thence (3) northerly along said curve through a central angie of 20° 38' 07" an arc distance of 1,136.28 feet to the beginning of a non-tangent 1,085.00 foot radius curve, concave northeasterly, having a radial bearing of North 30° 03' 29" East from said beginning curve; Thence (4) northwesterlyalong said curve through a central angle of 14° 39' 16" an arc distance of 277.51 feet; Thence (5) North 37° 18' 26" West, 127.14 feet; Thence (6) North 23° 25' 51" West, 557.59 feet; Thence (7)North 27° 12' 15" West, 146.61 feet; Thence (8) North 40° 25' 20" West, 119.87 feet to a point on the easterly right of way line of the Atchison Topeka and Santa Fe Railway, said right of way line being a 1,482.69 foot radius curve, concave northwesterly, having a radial beating of North 56° 19' 39" West from said point on curve; ORIGINAL Thence (9) northeasterly along said curve through a central angle of 10° 22' 00" an arc distance of 268.27 feet to a point on the northeasterly tight of way line of State Route VI-KER-204 (Golden State Highway); Thence along said northeasterly fight of way line (State Route VI-KER-204) for the following (5) courses: Thence (10) South 42° 15' 35" East, 543.37 feet to the beginning of a 4,940.00 foot radius curve, concave northeasterly; Thence (11) southeasterly along said curve through a central angle of 04° 37' 02" an arc distance of 398.10 feet; Thence (12) South 35° 41' 48" East, 50.31 feet to the beginning ofa non-tangem 4,950.00 foot radius curve, concave northeasterly, having a radial beating of North 42° 33' 06" East from said beginning of curve; Thence (13) southeasterly along said curve through a central angle of 06° 16' 28" an are distance of 542.07 feet; Thence (14) South 62° 23" 10" East, 337.49 feet to the beginning of the line of dedicated access rights at Pierce Road (Co. Rd. No. 1461); Thence (15) South 35° 02' 31" East, along said prohibited access line, 30.11 feet; Thence (16) South 63° 52' 09" East, along said prohibited access line, 100.03 feet; Thence (17) South 83° 33' 12" East, along said line, 31.13 feet to a point on the northeasterly right of way line of said State Route VI-KER-204; Thence continuing along said State fight of way line for the following (8) courses; Thence (18) South 62° 23' 10" East, 350.37 feet; Thence (19) South 47° 56' 57" East, 22.31 feet; Thence (20) South 69° 20' 05" East, 62.20 feet to the beginning of a 66.00 foot radius curve, concave northwesterly; Thence (21) northeasterly along said curve through a central angle of 56° 59' 45" an arc distance of 65.65 feet; Thence (22) North 42° 01' 19" East, 61.52 feet; Thence (23) North 30° 13' 58" East, 103.24 feet; ORIGINAL Thence (24) North 39° 45' 54" East, 10.00 feet to a point on the southerly right of way line of State Road; Thence (25)North 24° 27' 59" East, 113.99 feet to the point of intersection of the northerly right of way line of State Road and the westerly right of way line of Airport Drive; Thence (26) South 60° 43' 32" East, 159.07 feet to the point of intersection easterly right of way line of Airport Drive and the northeasterly fight of way line of said State Route VI-KER-204; Thence continuing along said State right of way line for the following (8) courses: Thence (27) South 38° 05' 27" East, 53.30 feet; Thence (28) South 54° 26' 37" East, 122.47 feet to the beginning of a 615.02 foot radius curve, concave southwesterly; Thence (29) southeasterly along said curve through a central angle of 21° 00' 40" an arc distance of 225.54 feet; Thence (30) South 33° 25' 57" East, 227.15 feet to the beginning of a 1,535.05 foot radius curve, concave northeasterly; Thence (31) southeasterly along said curve through a central angle of 17° 27' 35" an arc distance of 467.78 feet; Thence (32) South 50° 53' 32" East, 295.85 feet; Thence (33) North 43° 19' 28" East, 51.76 feet; Thence (34) South 46° 40' 32" East, 1,650.02 feet to a point on the existing corporate boundap] of the City of Bakersfield; Thence (35) southwesterly, northwesterly, southerly and westerly, on and along said existing corporate boundary, to the POINT OF BEGINNING. Containing 76 acres (more or less) VICINITY MAP : ANNEXATION OF PIERCE NO, 2 !XHIBIT "B" / ANNEXATION NO. 394 (PIERCE NO. 2) PLAN FOR PROVIDING SERVICES SERVICES A~ccnc~ Which Presently Provides Check Services Which CiwfDislrict Indicate How Services Provided By Service Will Provide Cit~/District will be Financed (i.e., general tax rate or special assessment.) Upon Future Date Annexation (specify) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation N/A Library N/A Police Protection SHERIFF & HIGHWAY PATROL CITY & HIGHWAY PATROL GENERAL TAX REVENUES Fire Protection COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE Street CALTRANS & COUNTY CALTRANS & CITY GENERAL AND GAS TAX REVENUES Construction CALTRANS & COUNTY CALTRANS & PRIVATE BY PRIVATE DEVELOPMENT DEVELOPMENT Maintenance CALTRANS & COUNTY CALTRANS & CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Lighting CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage (See Page 2) Water CITY WATER RESOURCES NO CHANGE USER FEE DEPARTMENT & CALTRANS SOURCE Other (REFUSE) CONTRACTED CITY USER FEE U/D - UPON DEVELOPMENT WITHIN ANNEXATION BOUNDARY EXHIBIT "C" 1. Please provide the following information, when applicable, only for service which will Location Indicate location from which service will be provided (i.e. nearest fire station, library, etc.) PO LICE-AIl police services in the City of Bakersfield arc administered through the City Police Department located at the s/w corner of Truxtun Avenue and Eye Street approximately 3 miles southeast of the annexation. FIRE-Service will be provided by County Station No. 64 located at the southeast comer of North Chester Avenue and Robert Lane 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 Ci .ry. PARKS AND RECREATION - N/A: The territory is largely comprised of State Highway right of way and contains the recently constructed California Highway Patrol Memorial Site. The privately owned property (6.77 ac.) in the annexation area is all M- 2 zoned for industrial use. LIBRARY-N/A STREETS-The City Corporation yard on Trnxtun Avenue ~vest Fwy. 99 will provide necessan.' fi~cilitics, personnel and services lo accommodate Public Works efforts. CONSTRUCTI ON/MAINTENANCE/SWE EP1NG/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 nearest Cit.',' sewer lines are located in Rio Mirada Drive east of Pierce Road and iu Arrow Street from Rio Mirada Drive southerly. WATER-The territory will continue to be served by the City Water Resources Depamoent. Irrigation of landseaping within State right of way is provided by a well ~'stem owned by Caltrans. 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. Sendce Level Cat~acitv 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. Firsl 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) arc open to the public at reasonable hours. N/A Therc will be no reduction in the range capacity of the City to provide the necessau public work services to this area. Services will be on a regular basis and "as needed". Upon any further development of the industrial zoned parcels in the territory, the City will likely require developer to provide a sewer study for feasibility of connection of City system. Adequate capacity exists. City refuse pickup is twice a week. °ireo,o 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 needed services. Additional police officers most likely will not be required to maintain the current level of city service. Annexation of this potion of Pierce Road and the small interior public roadway will increa~ the future maintenance responsibiliB, of the Cit~ 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, tim hydrants, reruns, etc.): If so, would city/district o_r residents be responsible for financing? No. the Ci~ will not require am, upgradin£ or chart,es for annexation. Upon any further development of the M-2 pareels. the developer shall provide any City reouirements at that time. Indicate and explain existing zoning in affected territory. All of the privately owned parcel (6,77 ac. total) are CounW M-2 (medium industrial) zone. All of the remainder territory is comprised of State highway and public road right of way having no zonim, designation. Indicate and explain proposed prezonmg in area. (List effects on present land use that would occur as a result of annexation such as mmntenance of livestock on property, etc.) All of the privateIv owned parcels in the territory are prezoned City M-2 (General Manufacturingl zone being compatible with the existing County land use. The remainder State highway and public road right of way will have no proposed zoning designation. List city/district services that area will directly or indirectly benefit from such as decrease in fire insurance ra~e, shorter emergency response time, use of community facilities, etc. City Police should be able to respond in a more timely manner than present counW Sheriff service. The elimination of these small county pocket areas will benefit both the County and City maintenance arrangement. VIII A. Please provide the following information relative to city/district and county taxes: 0 List existing tax mte(s) in area. The existing tax rate in the area equals 1.105677 'A of assessed market value. This represents the total property tax rate. Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No. the last li~ted (1992-93) City bounded indebtedness has been paid off and the current (1996-97) tax rate list shows no city bonded indebtedness. How will the difference in tax rates affect a property. with a market yalue of $50,000.007 The properix rate will not increase due to annexation and re-assessment will not occur due tO annexation. GSLEGAL\ 1996~ANNEX394 RTY:cah 3 ORIGINAL