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HomeMy WebLinkAboutRES NO 117-96RESOLUTION NO. 1 1 7 ' 9 6 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR REORGANIZATION OF TERRITORY BY ANNEXING TO THE CITY OF BAKERSFIELD AND DETACHMENT FROM THE KERN SANITATION AUTHORITY IDENTIFIED AS ANNEXATION NO. 390, CASA LOMA NO. 6 ANNEXATION (WARD 1). WltEREAS, 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, for 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 adoption of 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. 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 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, reorganization, 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 reorganization 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. 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 reorganization 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. 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. ......... o0o ........ 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 OCT 2 3 ~J$8 , by the following vote: AYF.$: COUNCILMEMBER D~MOND, cARS(~N, SMI,T~., M~ERMOTT, ROWLES, ~q.IJV~N, SALVAGG~O A,~ST,~[?'t: COUNCILMEt4E: R ~ C~, ~ ABSENT: COUNCILME~4BER A.~( J/~ ~- Acting CITY CLERK and Ex Off~io Clerk of the Council of the City of Bakersfield APPROVED OCT 2 $ 19~B ) ~ce-biayor of the City of B~ersfie~d APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt October 14, 1996 res\rc16roa 4 EXHIBIT "A" CASA LOMA NO. 6 ANNEXATION NO. 392 A parcel of land being portions of Sections 8, 9, 16 and 17, Township 30 South, Range 28 East, M. D. M., County of Kern, State of California, more particularly described as follows: Commencing at the northeast comer of said Section 8, said corner being established by a "Kern County Surveyor's Concrete Monument in Lamphole," and being designated as 670,882.049 feet North, 1,706.354.965 feet East per California Coordinate System, Zone 5; Thence S. 89° 58' 50" W., along the north line of said Section 8, a distance of 2,614.92 feet to the north 1/4 comer thereof; Thence S. 89° 58' 30" W., along said north line, 2,615.14 feet to the northwest comer of said section; Thence S. 00° 03' 53" W., along the west line of said section, a distance of 660.54 feet; Thence N. 89° 58' 32" E., 57.75 feet to a point on the east right of way line of Union Avenue (Co. Rd. No. 97 and 2380), said point also being a corner of the existing corporate boundary of the City of Bakersfield and the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary N. 00° 03' 53" E, along said east right of way line, 630.54 feet to intersect the south right of way line of Casa Loma Drive (Co. Rd. No. 294); Thence (2) N. 89° 58' 30" E., along said south right of way line, 2,557.43 feet; Thence (3) N. 89° 58' 50" E., along said south right of way line, 2,644.93 feet to intersect the east right of way line of Cottonwood Road (Co. Rd. No. 18) also being a point on the existing corporate boundary of the City of Bakersfield; Thence (4) southerly, westerly, northerly and westerly along said existing corporate boundary to the POINT OF BEGINNING. Containing 550 acres (more or less) BAKERSFIELD I AIRIARK 9 II ANNEXATION NO. 392 (CASA LOMA NO. 6) PLAN FOR PROVIDING SERVICES ~ A~encv Which Presently Provides Check Services Which Ci~/District Indicate How Services Provided Bv Service ~ Citv/Distxict will be Fitmnced (i.e.. ~eneral tax rate or soecia[ assessment.~ Upon Future Date Annexation (specify) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation COUNTY CITY GENERAL TAX REVENUES Library COUNTY N/A Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection CITY CITY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction COUNTY U/D BY PRIVATE DEVELOPMENT Mahitenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Lighth~g CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage COUNTY DISTRICT CITY USER FEE Water CALIFORNIA WATER SERVICE USER FEE CO. Other (REFUSE) PRIVATE CITY USER FEE ~:\LEGAL\ANNEX302.EXH U/D - UPON DEVELOPMENT WITHIN ANNEXATION BOUNDARY EXHIBIT "C" 1. Please provide the following infom~ation, when applicable, only for service winch will Location Indicate location from which service will be provided (i.e. nearest fire station, library, etc.) POLICE-AIl police services in the City of Bakersfi[ld are administered through the City Police Department located at the s/w comer of Tmxtun Avenue and Eye Street approximately 3 V: miles northwest of the annexation. FIRE-Service will be provided by City Station No. 5 located at the northwest corner of South Chester Avenue and Planz Road 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 mu.st be transferred to file City. PARKS AND RECREATION- County mailltained Cssa Loma Park is part of the annexation area. Ttle territory is within the boundary of the Casa Loma Specific Plan. The Parks and Recreation element notes no future park-sites scheduled for development in the annexation area. LIBRARY-N/A STREETS-The City Corporation yard on Tmxtun Avenue west Fwy. 99 will provide necessary lhcilities. Irersoimel ami services to accommodate Public Works efforts. CONSTRUCTION/MAINTEN ANC E/SWEEPING/LIGHT1NG~Maintenance and persmmel will be dispatcbed from tbe City Yaril on a regular hasis for preventative maintenance as needed. Repair inclmles streets, constrncted/tnaintenance, sweeping anti lighting. SEWER-The area is wiflmi the service area boundary of the Kern Sanitation Authority (Union Avenue District) except for a small portion on the west side of Casa Loma Park. By agreement, ilfis portion of the county district is served by City Treatment Plant No. 2. Upon mmexation, the area will be detached from tile county district and the City will assmue full maintenance responsibility. WATER-The territory will continue to be served by the California Water Service Company. OTHER-(Refnse)-When mtnexed, service will be provided by the City either by City forces or by contracts with a frmachise refuse collector. be provided by the applicant city. Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. pm~rams, etc. 24 hour patrol is providad in the unmediate 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 Comity Fire service capability or response time. Existing 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. 2 lIl. What effects, if any, would annexation of this territory have on the exkstmg level of city/district services (i.e., need for additional emergency service personnel or construction of new facilities, etc)? The antmy, at/on of this terntory will have some a£fect on the ne~,r term level or capability of the City to provide needed services. A good portion of the terriWry is bes/call,,v built-ont residenhal neighborhoods with a few undeveloped parcels. Additional police officers will rely likely be required to maintain the current level of city service. ABnoxation of the county streets within the terntory will increase the future lnaintepance responsibility of the City but should not affect the exisbng level of service. Would city/district requtre any upgrading or change m facilities to serve affected tomtory (roads, fire hydrants. mains. etc.): If so, would city/district or residents be responsible for fmanomg? No. if eq.v additional development occurs. the developer provides and pt~vs for m0jor facilities and dedicates them to the City. No upgrading or chnqge m facilities will be required m the terntory for annexat/on. VI. Indicate and explain existing zoning in affected territory. Thi~ area is located within the Casa Lorna Specific plan Area edopted by the City Co]mcil on August 6. 1986 and by Kern County Board of Surervisors on August 25. 1986. The Specific Plan is a City/County Joint Product providing for land uses ;tuner joint jurisdiction. See attached Table 2 and map for land use designations. Indicate and explain proposed prezonmg in area. (List effects on present land nse that would occur as a result of annexation such as mamtemuce of livestock on property. etc.)Thin annexation does not propose ~ land use or zoning changes from those already adopted by the Casa Loma Specific Plan. VII. List city/district services that area will directly or indirectly benefit from such es decrease in fire insurance rate, shorter emergency response time, use of commumty facilities, etc. City Police should be able to respond in a more timely nmnner tl~n present County Sheriff servicez. The presont City ref~e collect/on rate ks SUbetnniiRlly lower than fees county resiclents now ~ to inclnpende~t com~ntes. No special assessment or c~rgns for street swee~n~. leaf collection. sffeet lighting energy costs and fire hydrants ~0on developmental subject area. City government also provides increased political representation for residents within the corporate limits. VIII A. Please provide the fullowmg information relative to city/district and county taxes: List existing tax rate(s) in area. The exi~hng tax rate in the area eqpal~ 1.163202% of assessed nmrket value. This l~presenf~ the total propetl;y tax rate. When annexed a desLgnat~d percentRge of the tot. I propotty tax of the ~ will accrue to thn City and i~ind,~r to ~ County for providing health care and social services. iRate as shown on 1995-96 County Auditor-Controller Tax Rate List). Would affected area be subject to any bonded indely, edness of the city/district: If so, explain. No. the last listed (1992-93'~ City bounded indebtedness has been paid off and the current (1995-96) tax rate list shows no city bonded indebtedness. How will the difference m tax rates affect a property with a market value of $50,000.00? The properl~y rate will not increase due to annexation and re-assessment will not occur due to Annexation. G:\LEGAL\ANNFaX392.EXH RTY:cah TABLE 2 Stmmsry of Proposed Lied USeS and Potential Uevelolment Yleldsl General PIm Land Use3 Code Pllllon's Density Percentege Dwelling Floor Rrea Square Coont~ Plan Acres2 of Rrel Units Ratio4 FeetS 2.5 Ac/Ou Gross 65 1.9 26 0 0 4 DulRc Net 323 9.3 808 0 0 Uu/Ac Pet 413 11.9 2,891 0 0 PulAc Net fig 2.3 1,040 0 0 Suburban Residential 5.6 Low Density Residential 5.4 Lo~/Pedh~ Density 5.3 'JO PesJdefltla! HedJum Density 5.2 J6 Residential General Ccewerclal 6.2 Light Industrial 7.1 Service Industrial 7.2 Ileavy Industrial 7.3 AJrpsrk 3.3 Other Public Facilities 3.3 and Uses Institutional 3.2 Parks/Golf Course Hlgh~ay 58 I.! Total 0 216 6.2 0 .36 3.3 0 404 Il./ 0 .35 7.0 0 641 18.6 0 .35 I1.1MSF O S25 15.1 0 .36 10.2 HSF O 176 5.0 O .36 I0.0 HSF O 402 11.6 0 0 0 28 .80 0 .35 86 2.6 0 0 . !93 3.0 o o 3.461 IO0.(YA 4.76S .4 HSF 0 0 42.0 HSF ISource: Envlcmn Corporation. ~[ncludes streets a~t ~ )lncluaes existing land uses. 4Floor Area Ratio - eaxlpmnq ratio of building square footage to lot area. SOerlved by applying FAR to total land use acreages tn respective categories. //'SPECIFIC KE~ TO C]~SlO"ATIONS CA.~A I~OM:A ~ .....---