HomeMy WebLinkAboutRES NO 115-99RESOLUTION
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
407, LOCATED ALONG THE NORTH SIDE OF ROSEDALE
HIGHWAY, EAST OF COFFEE 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, 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 therowith.
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 Officers 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 Council of the C/ljl~9of Bakersfield at a regular meeting thereof held on
AUG 11 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, R~NVL-E6, SULLIVAN, SALVAGGIO
COUNCILMEMBER I,J O
COUNCILMEMBER ~/,j3V,/L6.. "'-
COUNCILMEMBER
CITY CLERK and of the
Council of the City of Bakersfield
2
f""'
APPROVED AUG 11 1999
BC
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ
Assistant City Attorney
MO:pah
June 17, 1999
s:\annexation\ann407roa.wpd
EXHIBIT "A"
ROSEDALE NO. 7
ANNEXATION NO. 407
A parcel of land being a portion of the Southwest 1/4 of Section 21, T. 29 S., R. 27 E,.
M.D.M., County of Kern, State of California, more particularly described as follows:
Commencing at the Southwest corner of said Section 21, said corner being monumented
and designated by calculated conversion to be 2,327,603.8516 feet North and
6,236,107.3910 feet East per California Coordinate System (N.A.D. 83) Zone 5;
Thence South 89° 57' 45" East along the South line of said Section 21, a distance of
249.10 feet;
Thence North 12° 30' 15" East, 45.30 feet;
Thence North 00° 00' 15" East, 35.80 feet to the point of intersection of the East right of
way line of the Friant Kern Canal and the Nodh right of way line of State Route
V1-KER-58 (Rosedale Highway.), said point also being the Southwest corner of Parcel 3
of Parcel Map Waiver No. 760 per Certificate of Compliance recorded in Book 5909, Page
472, Official Records, in the office of the Kern County Recorder;
Thence North 00° 00' 15" East, along the West line of said Parcel 3, a distance of 300.00
feet to the Northwest corner thereof, said point being on the existing corporate boundary
of the City of Bakersfield and also is the "TRUE POINT OF BEGINNING";
Thence proceeding along the exterior boundary of said Parcel 3 for the following four (4)
courses;
Thence (1) South 89° 57' 45" East, 142.00 feet;
Thence (2) South 00° 00' 15" West, 300.00 feet to intersect the North right of way line of
Rosedale Highway, also being a point on the existing corporate boundary;
Thence (3) North 89° 57' 45" West, along said North right of way line, 142.00 feet to
intersect the East right of way line of the Friant Kern Canal, also being a point on the
existing corporate boundary;
Thence (4) North 00° 00' 15" East, along said East right of way line, 300.00 feet to the
"TRUE POINT OF BEGINNING".
Containing 0.98 acres
G:\GROUPDA'~Ron',Annexatio~ 407-Roseelsie No.7-Exh A.wpd
Page 1 of 1
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VICINITY MA ~
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ANNEXATION NO, 4()7 RESOLUTION NO,__
ANNEXATION OF
ROSEDALE NO. 7
TO THE CITY OF BAKERSFIELD O. 98 + ACRES
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PROPOSED
ANNEXATION NO. 407
VICINITY MAP
SERVICES
AGENCY WHICH
PRESENTLY
PROVIDES SERVICE
Planning
Parks &
Recreation
Library
Police
Protection
Fire Protection
Street
Construction
Maimenance
Sweeping
Lighting
Flood Control
Sewerage
Water
Other (REFUSE)
COUNTY
NORTH BAKERSFIELD
RECREATION & PARKS
COUNTY
SHERIFF AND CALIFORNIA
HIGHWAY PATROL
COUNTY
STATE
STATE
STATE
COUNTY
CITY
PRIVATE CONTRACT
G: .~D!ROhL1999xAnnex407 Pro~,~dmg Sennces Plan. wpd
ANNEXATION NO. 407
(ROSEDALE NO. 7)
PLANS FOR PROVIDING SERVICES
CHECK SERVICES WHICH
CITY/DISTRICT WILL
PROVIDE
Upon Annexation Future Date
(Specify)
CITY
CITY & HIGHWAY
PATROL
COUNTY
STATE
STATE
CITY
CITY
CITY
CITY
CITY
INDICATE HOW SERVICES
PROVIDED BY CITY/DISTRICT WILL BE FINANCED
(I.E., GENERAL TAX RATE OR SPECIAL ASSESSMENT.)
GENERAL TAX REVENUES
GENERAL TAX REVENUES
N/A
GENERAL TAX REVENUES
GENERAL TAX REVENUES, FIRE FUND
GENERAL AND GAS TAX REVENUES
PRIVATE DEVELOPMENT
GENERAL AND GAS TAX REVENUES
N/A
GENERAL AND GAS TAX REVENUES
GENERAL TAX REVENUES
USERS FEE~RIVATE CONNECTION
USER FEE
USER FEE
EXHIBIT "C"
1. Please provide the following information, when applicable, only for service which will be provided by the a.pplicant city.
Location
Indicate location from which service
will be provided (i.e. nearest fire station
library, etc.)
Service Levd 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 Bakers~eld are administered through the
City Police Department located at the s/w comer of Truxtun and Eye Street about 5
miles Southeast of the annexation.
FIRE - Service will be provided by County Station No. 65 located on the North side
of Rosedale Highway easterly of Calloway Drive 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 collected from the City's
taxpayers must be transferred to both City and County.
PARKS AND RECREATION - The annexation area is within the jurisdiction of the
North Bakersfield Recreation and Park District and is subject to the adopted
standards of the District.
LIBRARY - N/A
STREETS - The City Corporation Yard on Truxtun 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/maintained,
sweeping and lighting.
WATER - This area will be continue to be served by the City of Bakers~eld
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.
2
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/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.
City refuse pickup is twice a week
G:' sub' SHAREDIRON' 1999'Annex407 Providing Services Plan, 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 not affect the near term level or capability of the City to provide
services. Upon completion of the proposed commercial development in the area, additional police
officers should not be required to maintain the current level of City service. Any street improvements
resulting from development be a requirement of the State (Rosedale Hwy) and will not affect the
existing level of service. The portion of Rosedale Highway adjacent to the territory will continue to
be maintained by the State.
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 o__[r residents be responsible for financing? A_~s
development occurs, the developer provides and pays for major facilities and dedicates them to the
City or State. No upgrading or change in facilities will be required in the territory for annexation.
Indicate and explain proposed pre-zoning in affected territory. The annexation area is zoned County
M-2 (Medium Industrial).
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 annexation is pre-
zoned City M-2 (General Manufacturing) zone.
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 and State Highway Patrol
services. The present City refuse collection rate is substantially lower than fees county residents now
pay to independent companies. The City sewer main located on the West side of the annexation is
available for tie-in and has adequate capacity. 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
List existing tax rate(s) in area. The existing tax rate in the area equals 1.281072%
of assessed market value). When annexed a designated percentage of the total property
tax for the area will accrue to the City and the remainder to the County for providing
Health Care and Social Services. (Rates shown are from 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 - Previous last shown (1992-93), City bonded indebtedness has been paid off and the
current 1998-99 tax rate list shows no City bonded indebtedness.
C,
How will the difference in tax rates affect a property with a market value of $50,0007 The
property rate will not increase due to annexation and re-assessment will not occur due to
annexation.
G:X~ubXSHAREDXRONXl 999XAnn~x407 Exhibit C-3.wpd
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