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HomeMy WebLinkAboutRES NO 18-96RESOLVT ON NO. ! 8 - 9 $ A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR REORGANIZATION OF TERRITORY BY ANNEXING TO THE C1TY OF BAKERSFIELD AND DETACHMENT FROM THE KERN SANITATION AUTHORIY IDENTIFIED AS ANNEXATION NO. 387, POTOMAC NO. 1 ANNEXATION (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, OCTOBER 16, 1995, and THURSDAY, OCTOBER 19, 1995, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as POTOMAC NO. 1 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. 72-95 on October 19, 1995, 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; and WHEREAS, the City of Bakersfield desires to propose a change of organization, to wit, the detachment of the herein described territory from the Kern Sanitation Authority, pursuant to Section 56000, Division 3, Title 5 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 the nature of the proposed change of organization is annexation to the City of Bakersfield and detachment from the Kern Sanitation Authority (Mt. Vernon - Panorama Sanitation District), as described and shown on the attached exhibits. 3. 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. 4. 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. 5. 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 territoW proposed to be annexed. 6. That for this proposed annexation and the prezoning therefor, Ordinance No. 3691, which was adopted November 29, 1995, 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 August 14, 1995. 7. 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. 8. That the territoW proposed for annexation as described herein has been determined to be inhabited pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Section 56046 of the Government Code. 9. 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 2 Judy Skousen City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 10. 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 ........ 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the C, itv of Bakersfield at a regular meeting thereof held on dAN ~, 4 1~1~' , by the following vote: NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER t~-~ ~- '~7~- - /~ssistant CITY CLERK and Ex OfficiOClerk Council of the City of Bakersfield of the APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY CARL HERNANDEZ Deputy City Attorney MO:pjt January 9, 1996 res~rgpl.roa EXHIBIT "A" POTOMAC NO. 1 ANNEXATION NO. 387 A parcel of land being a portion of the Northwest ¼ of Section 33, T. 29 S., R. 28 E., M.D.M, County of Kern, State of California, more particularly described as follows: Commencing at the north 1/4 corner of said Section 33 being monumented by "Found K.C.S. Conc. Mon't. in Lamphole" as shown on SURVEY INVESTIGATION AND PERPETUATION filed in Book 6 of Maps, Page 107 in the Office of the Kern County Surveyor, said 1/4 corner being designated as N. 681,440.967, E. 1,709,174.466 by the California Coordinate System, Zone 5; THENCE S. 00° 01' 30" W., along the mid-section line of said Section 33 (also being the center line of Washington Avenue), 1320.25 feet to a point on the center line of Potomac Avenue (Co. Rd. No. 399); THENCE N. 89° 53' 30" W., along said center line, 950.52 feet to a point on the easterly line of the Right of Way for the SOUTHERN PACIFIC RAILROAD-ALPHALTO BRANCH, said Right of Way line being a non-tangent curve, having a radius of 10,647.065 feet, concave northwesterly, having a radial bearing of N. 71° 47' 02" W. from said point on curve; THENCE Southwesterly along said Right of Way curve through a central angle of 00° 10' 12" an arc distance of 31.59 feet to a point on the South Right of Way line of Potomac Avenue, said point being on the existing corporate boundary of the City of Bakersfield and is the TRUE POINT OF BEGINNING; THENCE (1) departing from said corporate boundary, S. 89° 53' 30" E., along the south line of Potomac Avenue, 273.60 feet to a point on the West Right of Way line of Monticello Avenue; THENCE (2) S. 00° 00' 33" W., along said Right of Way line, 630.00 feet to a point being the Southeast corner of Lot 8 of GORRILL'S ADDITION to the Town of Kern, filed for record in Book 1 of Maps, Page 141, in the Office of the Kern County Recorder; THENCE (3) N. 89° 53' 14" W., along the South line of said Lot 8, a distance of 513.50 feet to a point on said easterly Right of Way line of the SOUTHERN PACIFIC RAILROAD- ASPHALTO BRANCH, also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (4) Northeasterly, along said corporate boundary line, to the POINT OF BEGINNING. Containing 6 acres (more or less) I I RO.B. / ~ q VICINITY MAp 4 L SEC~ ANNEXATION OF POTOMAC NO. I IOO 0 I00 200 EXHIBIT PLAN FOR PROVIDING SERVICES ANNEXATION NO. 387 (POTOMAC NO. 1) SERVICES Planning Parks and Recreation Library Police Protection Fire Protection Street Construction Maintenance Sweeping Lighting Flood Control Sewerage Water Oth~ (REFUSE) AGENCY WHICH PRESENTLY PROVIDES SERVXCE COUNTY COUNTY CHECK SERVICES WHICH CITY/DISTRICT WILL PROVIDE Upon Annexation CITY CITY Future Date (specify) COUNTY SHERIFF & HIGHWAY PATROL COUNTY COUNTY COUNTY COUNTY NONE NONE COUNTY COUNTY CITY (SEE PAGE 2) CITY - U/D CITY - U/D CITY - U/D CITY - U/D CITY -U/D CITY CALIFORNIA WATER SERVICE CO. PRIVATE CITY U/D - UPON DEVELOPMENT WITHIN ANNEXATION BOUNDARY 1 XNDICATE 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 GENERAL TAX REVENUES SCHOOL FUNDING GENERAL AND GAS TAX REVENUES GENERAL AND GAS TAX REVENUES GENERAL TAX REVENUES GENERAL TAX REVENUES USER FEE/SPECIAL ASSESSMENT USER FEE USER FEE EXHIBIT 1. Please provide the following information, when applicable, only for service which will be provided by the applicant city. Locatio13 Service Level Capacity Indicate location from which service will be provided Indicate frequency and availability of service (i.e. nearest fire station, library, etc.) (i.e., street sweeping, response time for emergency services, rec. programs, 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 3 1/2 miles northwesterly of the annexation. FIRE-Service will be provided by County Station No. 41 located at the Northeast corner or Virginia Avenue and Mr. Vernon Avenue 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 collected from the City's taxpayers must be transferred to the City PARKS AND RECREATION-The proposed annexation area is now totally industrial development. 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. 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. SEWER-The area will continue to be served by the Kern Sanitation Authority which has a main in Monticello Avenue that connects to the County's Mt. Vernon Treatment Plant. 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. 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. F~xisting neighborhood Parks (City and County) 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. 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 facilities, etc)? The annexation of this territory Will not affect the near term level or capability of the City to provide needed services. Upon time of future development within this territory. additional police officers may or may not be required to maintain the current level of city service. Any future dedicated streets or public created within the territory will increase the future maintenance responsibility of the City but will not affect the existing level of service. 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 or residents be responsible for financing? As future 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. Indicate and explain existing zoning in affected territory. Subject property is presently zoned County M-3 PD (heavy industrial - precise development. combining district) which allows for the tow truck company and automotive dismantling facility now occupying the territory. VI. 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 proposes to prezone the territory to City M-2 (General Manufacturing) Zone which is compatible with above listed existing land use. The proposed prezoning is consisting with the metropolitan Bakersfield 2010 General Plan designation. 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/distfict and county taxes: List existing tax rate(s) in area. The existing tax rate in the area equals 1.163202% of assessed market value. This represents the total property tax rate. 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. (Rate as shown on the 1995-96 CounW 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 (1995-96) 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 property rate will not increase due to annexation and re-assessment will not occur due to annexation. D ~:ANNEX387.l RTY:dt