HomeMy WebLinkAboutRES NO 116-99RESOLUTION NO...L,L_6 -' 9 9
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
408, LOCATED ALONG THE SOUTH SIDE OF FELIZ DRIVE,
WEST OF WASHINGTON 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 JUNE
19, 1986, on the prezoning for the territory, notice of the time and place of hearing having
been given at least ten (10) calendar days before said hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, by Resolution No. 59-86 on June 19, 1986, the Planning
Commission recommended approval and adoption of Segment VI and the Casa Loma Specific
Plan 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 Council of the City of Bakersfield, in accordance with the
provisions of Section 65355 of the Government Code, conducted and held a public hearing on
July 10, 1986, notice of time and place of said hearing have been given at least ten (10)
calendar days before the hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, the State of California has required that the Casa Loma Specific
Plan be adopted by ordinance; and
WHEREAS, the City Council of the City of Bakersfield adopted Ordinance No.
3063 New Series on August 6, 1986, approving and adopting the Casa Loma Specific Plan;
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; and
WHEREAS, the western portion of the territory is located within the Kern
Sanitation Authority; and
WHEREAS, the Authority will maintain the sanitary facilities in the area; and
WHEREAS, the City of Bakersfield does not desire to propose the detachment
of the herein described territory from the Kern Sanitation Authority.
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 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. 3063 New Series, which was adopted August 6, 1986, an Initial Study was conducted and
it was determined that the proposed project would not have a significant effect on the
environment. An Environmental Impact Report, titled the Final Environmental Impact Report,
Casa Loma Specific Plan and Final Enterprise Zone Application, was completed and certified
by the County of Kern.. The general area has not significantly changed since the Final EIR
was adopted,
6. That the laws and regulations relating to the preparation and adoption of the
environmental document as set forth in the California Environmental Quality Act and City of
Bakersfield Resolution No. 107-86 have been duly followed.
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 Council of the C~dl~ of Bakersfield at a regular meeting thereof held on
AUI~ 11 9 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~,4 ,~f,.I ¢:~
COUNCILMEMBER ~ D hi F
COUNCILMEMBER r,.[cH,..t ~.
R k of the
Council of the City of Bakersfield
APPROVED AUG 11 1995i
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
/ / ....y /2 _
......
CARL HERNANDEZ
Assistant City Attorney
MO:pah
July 30, 1999
S:~nnexation~NN408.ROAwpd
EXHIBIT "A"
WASHINGTON NO. 2
ANNEXATION NO. 408
A parcel of land being a portion of the North % of Section 4, T. 30 S., R. 28 E., M.D.M.,
County of Kern, State of California, more particularly described as follows:
Commencing at the North1/4 corner of said Section 4, said corner being monumented
(concrete monument in lamphole) and designated by calculated conversion to be
2,316,577.9160feet North and 6,270,511.6036feet East per California Coordinate System
(N.A.D. 83) Zone 5;
Thence South 01 ° 07' 59" West along the East line of the Northwest 1/4 of said Section
4, a distance of 1979.46 feet (more or less) to intersect the South line of the North 660 feet
of the South % of the Northwest 1/4 of said Section 4, said point being on the existing
corporate boundary of the City of Bakersfield and is the "TRUE POINT OF BEGINNING";
Thence (1) Westerly, along last described South line, to intersect the East line of the West
989.752 feet of the North 330.00 feet of the South 660.00 feet of the Northwest 1/4 of said
Section 4;
Thence (2)Southerly, along last described East line, to intersect the South line of the
North 330.00 feet of the South 660.00 feet of the Northwest 1/4 of said Section 4;
Thence (3) Westerly, along last described SoQth line to intersect the East line of the West
55 feet of the Northwest 1/4 of said Section 4, said point also being on the East right of
way line of Cottonwood Road (Co. Rd. No. 18,63, 2995 and 3304);
Thence (4) Northerly along last described East line (and road right of way line) to the
beginning of a 20 foot radius road Right of Way curve, concave Southeasterly and being
a transition to the South Right of Way line of Feliz Drive (Co. Rd. No.1314 and 1693);
Thence (5) Northeasterly, along said Right of Way curve, to a point of tangency on the
South Right of Way line of said Feliz Drive;
Thence (6) Easterly, along said South Road Right of Way line, to intersect the West line
of the East % of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said
Section 4;
Thence (7) Southerly along last described West line, 387.42 feet;
Thence (8) Easterly, parallel with the North line of the South % of the Northwest 114 of said
Section 4, a distance of 417.43 feet;
Thence (9) Northerly, parallel with the West line of the East ',,~ of the Northeast 1/4 of the
Southwest 1/4 of the Northwest 1/4 of said Section 4, a distance of 387.42 feet to intersect
the South Right of Way line of Feliz Drive; .
PaB;e 1 of' 2
Thence (10) Easterly along said South Right of Way line ( Co. Rd. No. 1314, 1693, and
2494) to intersect the West Right of Way line of Washington Street (Co. Rd. No. 2927);
Thence (11 ) North 01 ° 14' 44" West, along said West Right of Way line, 619.44 feet to
intersect the South right of way line of State Route V1 -KER-58, said point also being on
the existing corporate boundary of the City of Bakersfield;
Thence proceeding on and along said existing corporate boundary for the following six
(6) courses;
Thence (12) North 71 ° 18' 06" East, 41.67 feet;
Thence (13) South 88° 52' 01" East, 41.00 feet'
Thence (14) South 74° 20'20" East, 43.90 feet;
Thence (15) South 03° 41' 15" West, 706.69 feet;
Thence (16) North 88° 52' 01" West, 12.00 feet;
Thence (17) South 01 ° 07' 59" West, 544.46 feet to the "TRUE POINT OF
BEGINNING".
Containing 42.62 Acres (more or less)
Page 2 of 2
w uHE, N.w, ]/4, SEC. 4
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8 ~ CAL.]FORNM'r ~O0~DI~ATE
STATE HIGHWAY 58 S TA TE R T.
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(4)
(9)
(8)
SEC.
A, EN. 167'O60'27 (2) $. S$O', N.W, I/ti, $~'C 4
(10)
(I)
(3)
VICINITY MAP
P. O.B.
(16)
AVE.
ANNEXATION NO. _4_O~ RESOLUTION NO._
ANNEXATION OF
WASHINGTON NO. 2
TO THE CITY OF BAKEI~SFIELO
_4_g: 6~2 -* ACRES
SCALE: ( FEET )
tOO O I00 2O0
- ....... [XISTIN6 COI~Po~'r[
EXHIBIT "B"
54
54
62
72
72
72
PROPOSED
ANNEXATION NO. 408
VICINITY MAP
SERVICES
AGENCY WHICH
PRESENTLY
PROVIDES SERVICE
Planning
Parks &
Recreation
Library
Police
Protection
Fire Protection
Street
Construction
Maintenance
Sweeping
Lighting
Flood Control
Sewerage
Water
~0
,Other~EFUSE)
COUNTY
COUNTY
COUNTY
SFIERWF AND CALIFORNIA
HIGHWAY PATROL
CITY & COUNTY
COUNTY
COUNTY
COUNTY
COUNTY
COUNTY DISTRICT
CALIFORNIA WATER
SERVICE COMPANY
PRIVATE CONTRACT
G:\sub'xSHARED',ROI',AI999XAnnex408 Providing Sen,'ic:e~ Plan-Exh C.wpd
PLANS FOR PROVIDING SERVICES
CHECK SERVICES WHICH
CITY/DISTRICT WILL
PROVIDE
Upon Annexation Future Date
(Specify)
CITY
CITY
ANNEXATION NO. 408
(WASHING'I?ON NO. 2)
INDICATE HOW SERVICES
PROVIDED BY CITY/DISTRICT WILL BE FINANCED
(I.E., GENERAL TAX RATE OR SPECIAL ASSESSMENT.)
GENERAL TAX REVENUES
GENERAL TAX REVENUES
CITY
N/A
GENERAL TAX REVENUES
CITY & COUNTY
STATE
U/D
STATE
CITY
CITY
CITY
GENERAL TAX REVENUES, FIRE FUND
GENERAL AND GAS TAX REVENUES
PRIVATE DEVELOPMENT
GENERAL AND GAS TAX REVENUES
GENERAL AND GAS TAX REVENUES
GENERAL AND GAS TAX REVENUES
GENERAL TAX REVENUES
USER FEE
USER FEE
CITY
USER FEE
EXHIBIT "C"
1. Please provide the following information, 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.)
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 Stree{
approximately 4 miles Northwest of the annexation.
.FIRE - Service will be provided by both City Station No. 6, located on Brandage
Lane Westerly of Union Avenue pursuant to exchange wherein City protects certain
property within the County 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 the City.
PARKS AND RECREATION - County maintained Belle Terrace Park is Westerly
of the annexation area. The territory is wihtin the boundary of the Casa Loma
Specific Plan. The Parks and Recreation element shows no future park-sites
scheduled for development in the annexation area.
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
Service Level Capacity
Indicate frequency and availability of service
(i. e., street sweeping response time for
emergency services, recreation 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/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.
SEWER- The Baker School portion of the area is within the service area bounday of
the Kern Sanitation Authority (Union Avenue District). By agreement, this portion of
the county district is served by City Treatment Plant No. 2. Existing sewer mains in
Cottonwood Road and Feliz Drive will continue to be operated by the Kern
Sanitation Authority.
:,,~X}htR- This area will be continue to be served by the Califomia Water Service
?kt2ompa~.
I{)TBE_g- (Refuse) - When annexed, service will be provided by the City either by
~~es or by contracts with a franchise refuse collector.
G: xsub\SHAREDLRONx 1999XAnnex408 Providing Services Plan-Exh C .wlxi 2
City refuse pickup is twice a week.
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 should have no affect on the near term
level or capability of the City to provide needed services. Additional police officers will not
likely be required to maintain the current level of city service. Annexation of Washington
Street and any future road construction within the territory will have minimal effect on the
future maintenance responsibility of the City and 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. when any additional development occurs, the developer provides and pays for
major facilities and dedicates them to the City. No upgrading 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.
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
Casa Loma Specific Plan land use classifications within the annexation area are: Code 3.2 -
Educational Facilities, Code 3.3 - Existing Public Facilities (drainage basin), Code 6.2 -
General Commerical (school bus service facility) and Code 7.1 Light Industrial
(undeveloped portion of the area).
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 futher
development within the 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
asessed 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 bonded indebtedness has been paid off and the
current (1997-98) tax rate list shows no city bonded indebtedness.
C,
How will the difference in tax rates affect a property with a market value of $50,000.007
The property rate will not increase due to annexation and re-assessment will not occur due
to annexation.
.~:~ub~HAR~D~ROl~lgg9~mnexalion 408 EXH2.wlx~