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Home My WebLink AboutRES NO 142-99RESOLUTION NO. ]' 4 2 ' 9 9 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 410 , GENERALLY WEST OF ALLEN ROAD, BE'rWEEN BRIMHALL ROAD AND ROSEDALE HIGHWAY. (WARD 4). 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, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18, 1997, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield, 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. 110-97 on December 18, 1997, 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. 3819, which was adopted January 28, 1998, 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 November 7, 1997. 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 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. 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 SEP 2 ~. 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNC~LMEMBER ~,1 ¢)~J~. COUNCILMEMBER N~,,/~- COUNCILMEMBER t.J O1',4 ~. CITY CLERK and Ex Officio//(~erk of the Council of the City of Bakersfield APPROVED SEP g~ 1999 MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney JU~pas September 3, 1999 S/ROA410 wpd 3 EXHIBIT"A" ALLEN ROAD NO. 3 ANNEXATION NO. 410 A parcel of land being a portion of the east ½ of Section 26, T. 29 S., R. 26 E., M.D.M., County of Kern, State of California, more particularly describes as follows: Parcels l, 3 and 4 of parcel map No. 9031 filed for record in book 41 of Parcel Maps, page 122 in the office of the Kern County Recorder; Also parcel "G" of Lot Line Adjustment No. 93-94 per Certificate of Compliance filed for record as document No. 0195131010, Official Records; Also Parcels l, 2, 3 and 4 of Parcel Map No. 8392 filed for record in book 37 of Parcel Maps, page 189; Also all of that portion of the southeast 1/4 of said Section 26, bounded by and lying south of the line described as follows: Beginning at a point of the east of the east line of said Section 26, distant N. 00 o 43' 01"" E, 1324.90 feet from the southeast comer thereof; Thence N 89° 14' 09" W, 652.00 feet; Thence N 87° 08' 28" W, 270.05 feet; Thence N 69° 22' 30" W, 691.88 feet; Thence N 46° 34' 39" W, 202.46 feet; Thence N 59° 22' 02" W, 143.91 feet; Thence N 88° 11' 05" W, 801.49 feet to intersect the west line of the southeast 1/4 of said section 26 being the point of termination. Excepting therefrom the public road right of way for Rosedale Highway (State Rt. 58), Jenkins Road and Allen Road. Containing 204.75 acres (more or less) G:\GROOPDAT~legal\1999~Ron~Annex410.Exhio~.wpd Pace-1- EXHIBIT "B" COUNTY CITY Z "ALLEN ROAD NO. 5" (' 204.75 Ac. */- ) ANNEXATION NO. 410 (ALLEN ROAD NO. 3) PLANS FOR PROVIDING SERVICES AGENCY WHICH PRESENTLY CHECK SERVICES WIIlCH INDICATE HOW SERVICES SERVICES PROVIDES SERVICE CITY/DISTRICT WILL PROVIDE PROVIDED BY CITY/DISTRICT WILL BE Upon Annexation Future Date FINANCED (LE., GENERAL TAX RATE OR (Specify) SPECIAL ASSESSMENT.) Planning COUNTY CITY GENERAL TAX REVENUES Parks & NORTH BAKERSFIELD GENERAL TAX REVENUES Recreation RECREATION & PARKS DISTRICT [ Libraly COUNTY N/A Police SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Protection ~Fire Protection COUNTY GENERAL TAX REVENUES, FIRE FUND I Street COUNTY CITY GENERAL AND GAS TAX REVENUES ~ Construction COUNTY PRIVATE DEVELOPMENT ~ Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES ~ Sweeping C1TY GENERAL AND GAS TAX REVENUES ~ Lighting CITY GENERAL TAX REVENUES Hood Control COUNTY CITY GENERAL TAX REVENUES [ Sewerage CITY USER FEE I Water VAUGHN WATER SERVICE CO. USER FEE Other PRIVATE CONTRACT CITY USER FEE 0mrOSE) EXItlIIi'i' "C' G:\sub\SHARED'uo, Oi~1999\Annex 410 Providing Services Plan. wpd 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 rue station Library etc.) Service Level Canacity Indicate frequency and availability of service (I.e., street sweeping, response time for emergency services, recreation programs, etc.) POLICE - all police services in the City of Bakersfield are administered through the City Police Department located at the s/w comer of Truxtun and Eye Street approximately 7 miles east of the annexation. FIRE - Service will be provided by County Station 67 located on the south side of Brimhall Road, easterly of Renfro Road pursuant to exchange wherein the County protects certain property within the City 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 and County. PARKS ANH RECREATION -The annexation project is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to all adopted requirements and standards of th~ district STREETS - The City Co~pomtion Yard on Tmxlun Avenue west Fwy. 99 will provides nocessmy facilities, personnel and services to accommodate Public Works efforts. CONSTRUCTION/MA1NTEN3,NCE/SWEEPING/LIGHTING - Maintenance and po~sonnel will be dispatched from the City Yard on a regular basis for preventative maintenance as noeded. Repair includes streets constructed/maintained, sweeping and lighting. SEWER - The territory is also within the service area of the City's Allen Road trunk sewer system which is now in the construction stage. This system will provide a trunk sewer line in Allen Road potentially North to Palm Avenue with capacity to serve the entire temto~y. WATER - The temto~y is in an area being served by the Vaughn Water Service Company and an option exists whereby City of Bakersfield Water Resources Depaitment could be the provider. OTHER - (Refuse) - When annexed, sendce will be provided by the City either by City forces or b~ contracts with a franchise refuse collector. G:\sub\SHARED'tRONSI999\Annex 410 Providing Services Plan.wpd c- O~ 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. Existing neighborhood Parks (city and District) 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 necessmy public work services to tiffs area. Services will be on a regular basis and "as needed." Adequate capacity exists. Adequate capacity exists. City refuso pickup is twice a week. 2 IV. VI. VII. 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 to provide needed services. Additional oolice officers very liken will be reouired at the time of future develoDmer~t in th~. territory to maintain the current level of city service. The planned public streets and municioal facilities within the territory will increase the future maintenance resDonsibilitv of the City b~lt will Rot affect the existino level of service. 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? Pdvate develooment orovides and oavs for major facilities and dedicates them to the City. No uooradino or chanoe in facilities will be re(3uired in the territory for annexation, Indicate and explain proposed pre-zoning in affected territory. A major oortion of the subject territory is presently zoned County E. (estate)Zone which allows suburban sinole family residential occuoancv on estate-size lots. The remainino County zonino is C-1 (neiohborhood commercial~, ~;-? (aeneral commercial) and R-2 (medium density residential). The existina zonino desionations are shown on the enclosed zoning map. Indicate and explain proposed pre-zoning in area. (List effects on present land use that would occur as a result of annexation such as maintenance of livestock on property, etc.) ~3~ orezone the corresoondin(3 County estate lots to City E (estate one family dwellino/~;one. The remaininQ City orezoninn is C-1 (neiohborhood commercial/and R-2 (limited multiple-family/. These, desionations are also consistent with the existin(3 County Zoninn as shown on enclosed zonino mao, 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 resnond in a more timelv manner than Present County Sheriff and State Hiohway Patrol services. The oresent City refuse collection rate is substantially lower than fees CO~lr~ty residents now DaY to indeoendent comoanies. No soecial assessment or charoes for street sweeoino, leaf collection, street liohtino enerev costs and fire hydrants when located within the City's rioht of way. City oovernment also orovides increased oolitical representation for residents withirl the corporate limits. Please provide the following information relative to city/district and county taxes: List List existing tax rate(s) in area. The existino tax rate in the area eouals 1.086434% of assessed market value~. This reoresents the total orooertv tax rate. When anFlexed a desionated oercentaoe of the total orooertv tax of the area will accrue to the City and remainder to the County for orovidino health care and social services. (Rates shown are from 1998-99 County Auditor-Controller Tax Rate Lisfl. Would affected area be subject to any bo,nded indebtedness of the city/district: If so, explain: No. the last listed (1992-93~. City bonded indebtedness has been oaid Off and the (;;~rrent 1998-99 tax rate list shows no City bonded indebtedness, How will the difference in tax rates affect a property with a market value of $50,0007 The DroDerty rate will not increase due to annexation and re-assessment will not occur due tn annexation. 3 MH E E E E R-$ R-2 E E '-AN'/V~,~. ,Mo. E C-2 CITY OF BAKERSFIELD ZONING MAP LEGEND 101-26 R 26E. PROPOSED ANNEXATION NO. 410 VICINITY MAP R-$ C-2