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HomeMy WebLinkAboutRES NO 152-97RESOLUTION NO. ] 5 ~, - 9 ? A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 396, ALLEN ROAD NO. 2 ANNEXATION (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, JULY 14, 1997, and THURSDAY, JULY 17, 1997, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as ALLEN ROAD NO. 2 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. 53-97 on July 17, 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 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 the prezoning ordinance was adopted on September 24, 1997, 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 23, 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 (CEQA) and City of Bakersfield CEQA Implementation Procedures, 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 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 ©fficer of the Local Agency Formation Commission of Kern County at 2700 "M" Street, Suite 290, Bakersfield, California 93301. ......... O00 ........ 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 8 1997 , by the following vote: 2 AYES: COUNCILMEI',~ER DeMOND, CARSON, SMITH, McDERMOTr, ROWLES, SULLIVAN, SALVAGGIO NOES: ~,r, ~,~r' ,,~r- ,~:~ ~ ~L"~ At~STAIN: COU[';CtLi,'iE~'~BER ABSEN'E: COUNCILMEMBER Y~-O I~ . CITY CLERK and Ex OfficiO_. Clerk of the Council of the City of Bakersfield APPROVED OCT 8 1997 BOB RIC~E~/~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt August 29, 1997 res\roaar2-cc EXHIBIT "A" ALLEN ROAD NO. 2 ANNEXATION NO. 396 A portion of the southeast 1/4 of Section 35, Township 29 South, Range 26 East, M.D. M., County of Kern, State of California, more particularly described as follows: Commencing at the southeast comer of said Section 35, said corner being officially marked by a Kern County Surveyor's Concrete Monument and designated as 676,840.257 feet North, 1,658,681.017 feet East per the California Coordinate System, Zone 5; Thence South 89° 37' 19" West, along the south line of said Section 35, a distance of 400.00 feet to intersect the southerly prolongation of the west line of Lot 33 of Tract No. 3620 per map filed in Map Book 30, Page 186 in the office of the Ke~a County Recorder, said point also being on the existing exterior corporate boundary line of the City of Bakersfield and is the TRUE POINT OF BEGINNING; Thence (1) departing from said corporate boundary, North 00° 19' 41" West, along said west lot line (and prolongation thereof), 175.00 feet to the northwest comer of said Lot 33; Thence (2) North 89° 37' 19" East, along the north line of said lot, a distance of 345.00 feet to a point on the west line of the east 55 feet of said Section 35 (west right of way line of Allen Road), also being a point on the existing corporate bounda~ of the City of Bakersfield; Thence (3) southerly and westerly along said existing corporate boundary line to the TRUE POINT OF BEGINNING. Conlaining 1 acre (more or less) SEC. :55, T. 29 S., R. 2.6 Ir., M.D.M. 4 20 H I0 2 4 ~2 All 30~Pg.18~ Roads Are O-IlS R O.B. ,,s.oo'. C I ), ..,,:~.,22-2, ,(:3) '-- .... -STOCKDALE ] P.M. TRACT 4444, 'A" *.,,.*l=.d- OCT. Ee, I S£C. 2, T. $0 S., R. 26 E., M. D. M. 4687 KCT)ON CORNER HIGHWAY ANNEXATION NO, ~96 RE~OLUTION NO,__ ANNEXATION OF ALLEN ROAD No. 2. TO THE CITY OF BAKIrREFIELD I t ACRE SCALE: I00 0 I00 200 SbO ~ ..... EXlSTIN~ COItPORATE BOUNOARY ll,l., P~]P(~ED MXATION BOUNOAI~ £XHIBIT PLAN FOR PROVIDING SERVICES ANNEXATION NO. 396 (ALLEN ROAD NO. 2) SERVICES Aeencv Which Presently provides Check Services Which City/District Indicate How Services Provided By Service Will Provide CRv/District will be Financed (i.e., ~eneral tax rote or s~t~cial assessment.) Upon Future Date Annexation (specify) Planning COUNTY CITY GENERAL TAX REVENUES ?arks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION & PARK DIST. Library COUNTY N/A Police Pmtectinn SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES Fire Protection COUNTY (SEE PAGE 8) GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction BY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Lighting CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY (SEE PAGE 8) CITY USER FEE Water CITY WATER RESOURCES USER FEE Other (REFUSE) PRIVATE CITY USER FEE ~LEGALH 997~ANNX396 EXHIBIT "C" 1. Please provide the following information, when applicable, only for service which will be provided by the applicant city. Loca~jo~ Service Level Canacitv Indicate location from which service Indicate frequency and availability will be provided (i.e. nearest fire of service (i.e., street sweeping, station, library, etc.) response time for emergency services, rec. programs, etc. POLICE-AIl 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 7 miles easterly of the annexation. FIRE-Service will be provided by County Station No. 67 located at 14,341 Brimhall Road east of Renfro 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 fu-e fund collection from the City's taxpayers must be transferred to the City. pARKS AND 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 the district. LIBRARY-N/A STREETS-The City Corporation yard on Tmxtun Avenue west Fwy. 99 will provide necessary facilities, personnel and services to accommodate Public Works efforts. CONSTIRUCTIONIMAINTENANCE/SWEEPING/LIGHTING-Ma'mtenance 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 in those areas that will become City right of way. SEW'ER-The territory is within the service area of the City's Allen Road trunk sewer system which is now in the design stage. This system will provide a trunk sewer line in Allen Road with capacity to serve the territory. WATER-The ten'itory has been accepted for service by the City of Bakersfield Water Resources Department. 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. 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. III. 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 have no affect on the near term level or c~oability of the City to provide needed services. No additional police officers will be required to maintain the current level of city service. The territory consists of sinele conmaercial development havirat no dedicated interior streets. The improvements that will occur on the two existimp, adjacent roads will not increase the maintenance responsibilitx, of the City. IV. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fare hydrants, mains, etc.): If so, would city/district or residents be responsible for financing? Private developmere provides and pays for major facilities and dedicates them to the City. No upgradine or change in facilities will be required in the territory for annexation. Indicate and explain existing zoninE in affected territory. The subject territory is presentIv zoned County C-1 PD (Neiehborhood Commercial. Precise Developmant~ Zone. Indicate and explain proposed prezDninE in area. (List effects on presem land use that would occur as a result of annexation such as pmint~nailce of livestock on property, etc.) The City proposes to orezone the territory to City C-1 (Neiahborhood Commereial~ Zone which is comnatible with the present Countv designation. The oroposed prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan desienation. VII. List city/district services that area will directly or indirectly benefit from such as decrease in frre insurance rate, shorter emergency response time, use of community facilities, etc. City Police should be able to respond in a more timely manner than oresent County Sheriff service. The present City refuse collection rate is substantially lower than fees county residents now pay to independent companies. No special assessments or charges for street sweeping, leaf collection. street lighting enerc, v costs and fu-e hvdrants when located within the City's rio3at of way. City goven~ment also provides increased political representation for the residents within the corporate limits. VIII A. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area. The existin~ tax rate in the area equals 1.124836% of assessed market value. This represants the total property t~x rate. When annexed a designat&t percentage of the total property tax of the area will accrue to the City and remaind*.r to the County for providing health care and social services. (Rate as shown on 1996-97 County 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 bounded indebtedness has been paid off and the current (1996-97) tax rate list shows no cit~ bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.00? The proverty rate will not increase due to annexation and re-assessment will not occur due to annexation. G :~LEGAL\ 1997~dqNX396 RTY:cah