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HomeMy WebLinkAboutRES NO 112-96RESOLUTION NO. 1 1 2 ' 9 6 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 390, DENNEN NO. 1 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 MONDAY, APRIL 1, 1991, and THURSDAY, APRIL 4, 1991, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as DENNEN 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. 18-91 on April 4, 1991, 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, Ordinance No. 3360, which was adopted May 8, 1991, 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 March 14, 1991. 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 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 Truxmn Avenue Bakersfield, CA 93301 Judy Skousen City Attorney City of Bakersfield 1501 Traxran 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 ........ 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 O~;T ~) 9 1996 , by the following vote: AYES: COUNCILMEMBER DeMONO, CARSON, ,~11TH,..~IcDERMOTT, RO~VLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER /t(,/(J~t ,~_~, ABSTAIN: COUNCfLMEME:~R /t~/0P¥ ABSENT: COUNCILMEMBER .X~/L,4~ ~._ ACtingciTY C~I~RK and Ex Offi~o Cl~k ~!~ 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\rd 1 roa 3 EXHIBIT "A" DENNEN NO. 1 ANNEXATION NO. 390 A parcel of land being a portion of the southwest I/4 of Section 24 and the north V~ of Section 25 of Township 30 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the common south 1/4 comer of said Section 24 and north 1/4 comer of said Section 25 as monumented by "California Division of Highways Brass Cap Set in Concrete Flush" located within the right of way for Bakersfield Bypass (State Route VI KER 99), said 1/4 comer being designated as 655,152.739 feet North, 1,692.891.593 feet East per the California Coordinate System, Zone 5; Thence North 89° 19' 12" West, along the section line common between said Sections 24 and 25, a distance of 860.70 feet to a point on the west right of way line of said Bakersfield Bypass, also being a point on the existing corporate boundary of the City of Bakersfield and is the TIlLrE POINT OF BEGINNING; Thence (I) southerly, wastefly, northerly, easterly and southerly, on and along said existing corporate boundary (circumventing said enclosed county territory) returning to the POINT OF BEGINNING. Containing 92 acres (more or less) ANNEXATION OF DENNEN No. I EXHIBIT "B# ,~qNI;XAIION NO 390 (DENNEN NO. l) PI,AN FOIl PROVIDING SERVICES SERVICI!S _Agency _Which l'rcscnIt¥ Provides Check Services Which City/I)ist~ ici Will Indicate ! [ow Se~x, ices Provided By Sen, ice Provide Cily/District w be F nanced (i.e., general tax rale or special assessment.) Upon Future Dale Annexation (specify) Planning. COUNTY CITY GENERAL TAX REVENUES Parks and l{ecrcalic, n COIJNTY CITY GENI~RAI. TAX P, EVENI. IES l.ibrmy COIINTY N/A Police Prolccli,.m St IF. RIFF & I IIGI tWAY PATROl. CITY GENERAL TAX REVENIJES Fire i;iotcction CiTY CiTY (SEE PAGE 2) GENERAl, TAX i~VENUES, 1"i1(I". FUND .'qb cc~ Ct ~[JN'I'Y CITY GF. NI!RAI, AND GAS TAX REVENIJI.;S Construclitul ('(II IN'I'Y IJ/D BY PRIVATF. I)EVELOPMIiNT Nlailllt.'llilDcc ('t )lIN I'Y CITY GIiNliRAI. AND (iAS TAX REVENUES Sweeping CtTY GENI~RAI. AND GAS TAX REVENUF. S . !.ighting CITY GENERAL TAX REVENUES Fti~.>d Control COUNTY CITY GENF. RAI, TAX REVENUI!S Seweralce CITY CITY USER FEE Watcr CALIFORNIA WATER SERVICE USER FEE CO. Other (REFUSE) PRIVATE I CITY USER FEE O:XLEOAL~ANNEX388.RTY U/D - UPON DEVELOPMENT WITHUN ANNEXATION BOUNDARY EXHIBIT "C" lndicale locatiou liom which servi*zc ,,','ill be i)rovidcd (i.e. ucarcsl lil'e slaliolL libraly, crc ~ POLICE-AIl police services iu thc City ofl3akersficld arc administered through thc City Police Department located at thc s/w comer of Traxtua Avcuue and Eye Street approximately 5 ½ miles 11oi'111 of thc al.,ncxation. FIRE-Service will be provided by City Slatiou No. 13 located on Stine P, nad I/4 mile south of Panama l.ane pm'stmnt ~o cxchsnge wherein City pn~tects ccrtaio property within the C,.mnty's jurisdiction. Thus, the City docs incur the cosl of providiog lire protection and fl`.e fire fired collection fi'om the City's taxpayers must be transli:rrcd to tile City. PA RKS AND RECREATION- IJpon any further development in the territory, the open space element of the Metropolitan Bakerslield 2010 General Plan provides Ibr a minimum of 2.5 acres of park space per 1,000 populatiou. l,lll RA ('ONS I l,llt('l tON/MA tN I'I.~NAN(/F. tSWEI,'.PINIitI,I{;IITIN(;-~/I;mticlua~cc ;md pcrsoancl ,,','ill bc dispatched llxall (lie Cily Yard on a regnlar basis for prcvcnlativc ligbtiug. SEWER-An existing City trank se;vcr line in Panama Lane and Dennen Avenue is available for service to the territory whereby treatment would be provided by City Treatment Plant No. 3. WATER-'FIle tecritory will continue to be served by the California Water Service Company. OTllER-(Refuse)-When a]mexed, service will be provided by the City either by City forces or by contracts with a franchise refuse collector. indicalc li'cqttcucy aud availabilily of service (i.e., street sweeping, 24 boor patrol is pJx)vidcd ii`. thc inlmcdiatc vicinity of this ammxation. Firsl priority response is approximately 7.00 ulinutcs or less. }:irc pix)tcclion is provided on a 24-{iour basis. Thc auncxalion will not alt'cci City or County Fire sc~vice capability or response lime. Existing ncighbo,-l`.ood Parks (City and County) arc open to thc public at reasonable hours. N/A l'hclc xxiil bc no Icdttctioil ill thc rangc capacily of thc City to I:,rovidc Iht llCCCSS;ll~y public woik scl'vices lo this al'ca. Services will be on a regular basis aud "as needed". Adequate capacity exists. Adequate capacity exists. City refuse pickup is twice a week. III. WI~ effects, ii'any, would annexation of lids temtory have on the existing level of city/dimrint services (i.e., need for artclifinnal emergency serrate personnel or construction of new facilities, ere)? The annexation of this territory will not affect the near term level or capability of the Cit,: to provide needed services. Uvon annexation of this ter~torv, additional police offienrs may required to maintain the current level of city service. Any future dedicated streets or vublic created within the temtorv xvill increase the future maintenance reanonsibili[y 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, mete.): ~so, wouldcity/&:~aSctorremdents be responsible for financing? As future development nncurs, the develooer pray/des and pays for major facilities and dedicates them to the City. No tmm'adinu or ehan~e in facilities will be required in the territory Ibr armexafion. Indicate and explain existing zoning in affected territoD,. The portion of the territory north of Panama Lane is Count3, M S (Mobilehome Subdiv/sion) zone and County C-2PD (Commercial. precise development) zone between Panama Lane and the mobilehome division. The portion south of Panama Lane is County' R-I CLow-dnnsitv residential) zone except for a shall half acre portion at the northwest comer being County C-1PD (nei~hborhood comrller¢iak orecise development) zone. Indic. ate and explain proposed prezoning in area. (List effects on present land use that would acura' as a result of annexation such as maintenance of livestock on proper~, etc.) The overall imrmct on the territory will be conversion of existin~ aaricultural land to residential and commereial development south of Pnnama Lane. The area north of Panama Lane will be ~rezoned City MJ:I (mobilehome) zone and City C-2 (Commercial`} zone. The entire portion south of Panama Lane is orezoned City R-I (oneofamitv dwelling'} zone. List ci~'/dismct services that area will directly or indirectly benefit from such as decrease in fire insurance rate, shorter emergency response time, use of commum~ facilities, etc. CiW Polic¢ Should be ableT6 _respond In a more timely manner than oresent Counw Sheriff services. The vresent City refuso onllection rate is anbstantiallv lower than fees connw residents now var to independent companies. No soecial assessment or charges for s'tn~t sweeping, leaf collection, street liahting energy costs and fire hydrants upon development of subieet area. CRv government also provides increased poiitiaal representation for residents within the coruorate limits. VIII A. Please provide the following information relanve to ci~,/district and county taxes: List existing tax rate(s) in area. The existing tax rate in the area equals 1.178700% (eortion of area north of Panama Lane) and 1.134805% (remaining portion south of Panama Lane~ of assessed market value. This represents the total Cror~ertv tax rate. When armexed a designated percentage oftbe total oropertv tax of the area will accrue te the City and remainder to the County lbr providing health care arid social services. (Rate as shown on 1995-96 County Audaor-Controller Fax P, ale I. st Would affected area be subject to an?,' bonded indebtedness of the city/district: If so, explain. No. the last listed (1992-93) City bounded indebtedness has been r~aid off and the current (1995-96~ tax rate list shows no ei_ty bonded indebtedness. How will the difference in tax rates affect a ?rope,n7,.' with a market value of $50,000.007 The property rate xvill not increase due to a,~nex:~on and re-assessment will r~ot occur due to annexation. G:~LEGAL ,ANNEX353.RTY RTY:cah