HomeMy WebLinkAboutRES NO 113-96RESOLUTION NO. '~ 1 3 ' 9 6
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD IDENTIFIED AS
ANNEXATION NO. 391, GREENLAWN CEMETERY
ANNEXATION (WARD 7).
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 THURSDAY, JULY 18, 1996, on the prezoning for the proposed annexation of
certain properties to the City of Bakersfield known as GREENLAWN CEMETERY
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. 70-96 on July 18, 1996, 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, 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
June 7, 1996.
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 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 Truxmn Avenue
Bakersfield, CA 93301
Judy Skousen
City Attorney
City of Bakersfield
1501 Traxtun 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 ........
2
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 n 9 1996 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSOI~, SMITH.~McDERMOTT, ROWt. EB, $ULLNAN, SALVAGGIO
NOE.SI COUNCP, J~F. MB£R 7(,_1~¥~ ~
ABST,,IN: COUNCILM£Mr-:;R ,'~(' J~ ~
ABSENT: COUNCILMEMBER ~'~/CJ/~-~
ActJn~CITY CLERK and F-~'Officid CJ_e4rk of the
Council of the City of Bakersfield
APPROVED OCT 0 9 1996
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MO:pjt
September 24, 1996
res\rgcroa
EXHIBIT "A"
GREENLAWN CEMETERY
ANNEXATION NO. 391
A portion of the west half of Section 19 and the east half of Section 17 in Township 29 South, Range
28 East, M.D.M., County of Kern, State of California, more particularly described as follows:
Commencing at the east 1/4 comer of said Section 17, as monumented by a 6 inch concrete
monument in a lamphole and designated as 695,998.099 feet North, 1,706,636.503 feet East per the
California Coordinate System, Zone 5;
Thence North 89° 51' 38" East, along the mid-section line of said Section 16, a distance of 55.00 feet
to a point on the northerly prolongation of the east right of way line of River Boulevard (Co. Rd. No.
2219);
Thence South 00° 23' 06" East, along said prolongation line, 40.17 feet to the point of intersection
of the easterly prolongation of the south right of way line of Acacia Avenue (Co. Rd. No. 731 and
1485) and the existing corporate boundary of the City of Bakersfield, also being the TRUE POINT
OF BEGINNING;
Thence (1) departing fi~om said corporate boundary, North 89° 57' 31" West, along said prolongation
line and right of way line, 1,372.97 feet to a point on the southerly prolongation of the west line of
the southeast I/4 of the northeast 1/4 of said Section 17;
Thence (2) North 00° 32' 26" West, along said prolongation line and west line, 1,383.66 feet to the
northwest comer of the southeast 1/4 of the northeast 1/4 of said Section 17, also being a point on
the existing corporate boundary of the City of Bakersfield;
Thence (3) easterly and southerly along said corporate bounda~j to the POINT OF BEGINNING.
Containing 44 acres (more or less)
,, ,,~:, .~.,\,'-: ;,
/~,NNEXATION OF
GREENLAWN CEMETERY
........ EXm~ ~ ~ ~' "'~'
ANNI£XATION NO. 391
(GREENI,AWN CEMETERY)
PLAN FOR PROVIDING SERVICES
SERVICES Agency Which Presently Provides Check Scp,,ices Which City/District Will Indicate I Iow Services Provided By
Service Provide City/District will be Financed (i.e.,
general tax rate or special assessment.)
Upon Future Date
Annexation (specify)
Planning. COIJNTY CITY GENERAl. TAX REVENUES
Pinks and P, ccrcatkm GENERAL TAX REVENIJES
Libraly CO1JN'I'Y N/A
Police Protection SIIERIFE & ItIGHWAY PATROl. CITY GENERAL TAX REVENUES
}:ire Prolcction CITY CITY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE
FUND
Strcel COUNTY CITY GENERAl. AND GAS TAX
REVENUES
C,.mshttclion CO[JNTY II/l) BY PRIVATE DEVEI.OPMENT
MailllCllallcc COtlNI'Y CITY GENERAL AND GAS TAX
REVENUES
Sweeping CITY GENERAL AND GAS TAX
REVENUES
l.ighting CITY GENERAL TAX REVENUES
Flood Control COUNTY CITY GENERAL TAX REVENUES
Sewera~,c CITY CITY USER FEE
Water CALIFORNIA WATER SERVICE USER FEE
CO.
Other (REFUSE) PRIVATE CITY USER FEE
O:~LEGALXANNEX391 .RTY
U/D - UPON DEVELOPMENT WITHIN ANNEXATION BOUNDARY EXHIBIT "C"
l,ocation
Indicate location fi'om which service
will be provided (ie. nearest fire
station, libiary, cie )
POI.ICE-AIl pohce servmes m tile C~ty ct Bakersficld are admnnstc~ cd tluough tile City
Police Department located at the say corner of Truxtun Avenue and Eye Street
approximately 4 ½ miles sonthwcst of the annexatinn.
bc in m ~,.tc,.l by thc al)lflicaut city.
Service I.evel Capacity
Indicate freqnency and availability
of service (Lc., street sweeping,
response time for emergency services,
rec. jn'o[~rams, cio.
24 honr palrol is provided m the mnnediate viciuity of this
annexation, First priority response is approximately 7.00 minutes
or less.
FIRE-Service will be provided by City Station No. 8 located at tile sonthwest comer o£
University Avenue and Mt. Vernon pursuant to exchange wherein City protects certain
property within the County's jurisdiction. Thus, the City does incur the cost of providing tim
p~ otcction and thc tire fired collcctiou fi-om the City's taxpayers mnst be Iransfcrred to thc
City.
PARKS AND RECREAT!ON-The proposed ammxation lc~*ito~ is entirely developed as
a cemetei3, facility. Connty maintained Panorama Park is directly to the north along
Pauoranla Drive.
L~_I I_~ LI _A 13k' N/A
STRI';I'}TS I It,: Cit~ (;orpol'itlltill)llld (>11 IltlXtlal /\vcnllc wc~l ]:wy 99 will inbox'irc
CONSTRIJCTION/MAINTENANC£1SWF. EPINGII,IGIITING-M (ntcm ncc ;u d
personnel ~vill be dispatched fi'om the City Yard on a regUlar basis for preventative
mainteuance as needed. Repair includes streets, constructed/maintenance, sweeping and
lighting.
SEWER-The area is partly within the service area boundmy of the Kern Sanitation
Authority which has a main in River Boulevard and Acacia Street that connects to file
County's Mt. Vernon Treatment Plant.
WATER-The tenitmy will continue to be served by the California Water Service Company.
OTltER-(Refuse)-When annexed, service will be provided by the City either by City forces
or by contracts with a franchise refuse collector.
Fire protectiou is provided on a 2d-hour basis. ]'he anuexalion
Will not affect City or County Fire service capability or response
time.
Existing neighborhood Parks (City and Connty) arc open to thc
public at reasonable hours.
N/A
There will bc no reducfion itl tile range capacity ol'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
III.
What effects, if any, would annexation of this temtory have on the existing level of city/district services (i.e., need
for additional emergency semce personnel or construction of new facilities, ere)? The annexation of this territory
xvill not att~gt the near term level or canabilitv of the City to provide needed services. Addifiollol potico officers
w/fl not be reduired to maintain the current level of city service. Annexation of the two county streets abutfing the
territory will increase the future maintenance resnonsibilitv of the City but will not affect thi existing level of
IV.
Would city/district require any up~'ading or change in facilities to serve affected territory (roads, fire hydrants,
mares, etc.): If ac, would city/district or residents be responsible for financing? No. if any additional develonment
occurs, the develor>er nrov/des and pays for major facilities and dedicates them to the Cit~. No up_m'ading or change
in facilities will be required in the temtorv fur annexation
Lndicate and explain existing zomng m affected temtow. Subiect nropertv is presently zone County R-1 (Low-
d~sity Residemial'~ which allows for the cemetery faciliw that occunies the entire temtory.
Indicate and explain proposed prezonmg m 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 Cit*
R-1 (One-farmlv dwelling) zone which is compatible w/th above listed existing lend use. The nro~osed prezonin~
is consistent with the Metronolitan Bakersfield 2010 General Plan designation.
List city/district services that area will directly or indirectly benefit from such as decrease in fire msurence rate,
shorter emergency response time, use of commun/ty facilities, etc. Cit~ Police should be able to res'mind in a more
tn'heir manner then ~resent Count~ Sheriff services. The nresent City refuse collection rate is substentiallv lower
than tees county residents now Day to indenendent companies. No snecial assessment or charges for street
sweeping, leaf collection, street liffnting ener~ costs and fire hydrants unon develonment of subject area. City
government also vruvides increased poiitical representatkm for residents within the coruora_te limits.
VIII
A.
Please provide the tbllowing inI'ormattcn relative to city/district and county taxes:
List existing tx,: rate(s) in area. The exiamg tax rate in the area eouals 1.163202% of assessed 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 Count,,' ~'br providing health care and social sermees~ (Rate as shown
on 1995-96 Count,., Auditor-Controller F~ix Rate List>
Would affected area be subject to any bonded indebtedness of the city/district: ti'so, explain. ~
(1992-93~ City bounded indebtedness has been paid off and the em-rent (1995-963 tax ram list shows no eitv
bonded indebtedness.
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 m'amxafion.
G:'~LEGALL~uNNEX391. RTY
RTY:eah