HomeMy WebLinkAboutRES NO 127-99RESOLUTION NO. I 27' 9e
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
409, LOCATED ALONG THE NORTH SIDE OF BEAR
MOUNTAIN BOULEVARD, WEST OF FAIRFAX ROAD
(WARD 1).
WHEREAS, the City of Bakersfield owns the territory hereinafter described; and
WHEREAS, the City of Bakersfield intends to use the territory for treated
effluent irrigation from a Sewer Treatment Plant; and
WHEREAS, irrigation using treated effluent is permitted "by right" in accordance
with the existing County zoning regulations; and
WHEREAS, the City of Bakersfield desires and requests that the Kern County
Local Agency Formation Commission exercise the option to not require the pre-zoning of land
to be annexed; and
WHEREAS, the City of Bakersfield desires and requests that the Kern County
Local Agency Commission make findings that support annexation of noncontinguous land
which is owned by the City and is being used by the City for reclamation, disposal and storage
of treated wastewater at the time the Commission proceedings are initiated pursuant to
Government Code Section 56111; 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 the Cortese-Knox Local Government Reorganization Act of 1985, Section
56000 et. seq. 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 owner
(City of Bakersfield) of the affected territory desires to save the general public the necessity of
annual payment of property taxes.
5. That for this proposed annexation it was determined that the proposed
project would be exempt from the California Environmental Quality Act, Section 15319 (a).
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 Notice of Exemption for
this preposed annexation is hereby appreved 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.
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the_Ci..~ of Bakersfield at a regular meeting thereof held on
AUdi ~ ~ ~1 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MACGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNClLMEMBER 1,4OI,3 F-.
COUNCILMEMBER ~,lO~J ~.
COUNCILMEMBER ~ O N ~
~/C~ C~LER/K~nd~EE~x ~/~cio ~e~ °f the
Council of the City of Bakersfield
AUG 2 5 1995
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
CARL HERNANDEZ
Assistant City Attorney
MO:pah
July 19, 1999
s:\annexation~ann409.roa.wpd
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It
A
A
PROPOSED
ANNEXATION NO. 409
VICINITY MAP
EXHIBIT "A"
MUNICIPAL FARM NO. 5
ANNEXATION NO. 409
A parcel of land being portions Sections 14 and 23, T.31 S., R28 E., MD.M, County of
Kern, State of California, more particularly described as follows:
Commencing at the Northwest corner of said Section 14, said corner being monumented
and designated by calculated conversion to be 2,274,205. 4256 feet North and
6,278,008.4624 feet East per California Coordinate System (N.A.D. 83) Zone 5;
Thence South along the West line of said Section 14, a distance of 2653.67 feet (more or
less) to the Northwest corner of the Southwest 1/4 of said Section 14, said point being on
the existing corporate boundary of the City of Bakersfield and is the "TRUE POINT OF
BEGINNING";
Thence (1) Easterly, along the North line of the Southwest 1/4 of said Section 14 to
intersect the West line of the East % of the Southwest 1/4 of said Section;
Thence (2)Southerly, along last described West line, to intersect thE; South line of the
North 20 acres of the East % of the Southwest 1/4 of said Section 14;
Thence (3) Easterly, along last described South line to intersect the East line of the
Southwest 1/4 of said Section 14;
Thence (4) Southerly along last described East line, a distance of 4.80 feet (more or less)
to intersect the South line of the North 658.50 feet of the Southeast 1/4 of said Section 14;
Thence (5) Easterly, along last described South line to intersect the East line of the West
413.82 feet of the Southeast 1/4 of said Section 14;
Thence (6) Southerly along said described East line to intersect the North line of said
Section 23;
Thence (7) Easterly along last described North line to intersect the West line of the East
30 feet of said Section 23, said West line also being the West right of way line of Fairfax
Road (Co. Rd. No. 410);
Thence (8) Southerly along last described West line to intersect the North line of the South
30 feet of said Section 23, said North line also being the North right of way line of Bear
Mountain Boulevard (State Route VI-KER-223);
Thence (9) Westerly along last described North line to intersect the West line of the East
% of said Section 23, said point also being on the existing corporate boundary of the City
of Bakersfield;
Thence along said corporate boundary line for the following three courses:
Page I of 2
Thence (10) Northerly along last described West line intersect the North line of said
Section 23;
Thence (11 ) Westerly along last described North line to meet the Southwest corner of said
Section 14;
Thence (12) Northerly along the West line of said Section 14 to the TRUE POINT OF
BEGINNING.
Containing 476.94 Acres (more or less)
G:\GROUPDAT~Ron'~,Annexation 409-Exh A-Municipal Farm No. 5.wpd
Page 2 of 2
AN~[XATIO~ OF
MUNICIPAL FARM NO. 5
EXHIBIT 'B"
VICINITY MAP
PLANS FOR PROVIDING SERVICES
ANNEXATION NO. 409
(MUNICIPAL FARM NO. 5)
i AGENCY WHICH CHECK SERVICES WHICH INDICATE HOW SERVICES
SERVICES PRESENTLY CITY/DISTRICT WILL PROVIDED BY CITY/DISTRICT WILL BE FINANCED (LE.,
GENERAL TAX RATE OR SPECIAL ASSESSMENT.)
PROVIDES SERVICE PROVIDE
Upon Annexation Furore Date
(Sp cif )
Planning COUNTY CITY GENERAL TAX REVENUES
Parks & N/A
Recreation
Library COUNTY N/A
Police SHERIFF & HIGHWAY CITY GENERAL TAX REVENUES
Protection PATROL
Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND
Street COUNTY & STATE GENERAL AND GAS TAX REVENUES
Construction N/A
Maintenance N/A
Sweeping N/A
Lighting N/A
Flood Cv.t.v. COL~ ,~NTY CITY
Sewerage N/A
Water CITY CITY EFFLUENT WATER FROM CITY TREATMENT
PLANT NO. 2
~.~ (REFUSE) N/A
,~__f~?]~ ~dD'RONX 1999XAnnex409 Promdir~ SeoAc~ PDn-Exh C wpd
1
EXHIBIT "C'
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 fire station
library, etc.)
Service Level Capacity
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 corner of Truxtun and Eye Street
about 16 miles Northeast of the annexation.
FIRE - Service will be provided by County Station No. 52 located on the North
side of Taft-Bakersfield Highway westerly of Golden State Highway pursuant to
exchange wherein the County protects certain property within the City's
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 both City and
County.
PARKS AND RECREATION - The annexation area is for expansion of City's
Spreading and Disposal Area for treated effluent from Treatment Plant No. 3.
LIBRARY - N/A
STREETS - No public streets projected for annexation area.
CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING - Access to
the territory is provided by County maintained Fairfax Road abutting the East side
of the areaand Bear Mountain Boulevard (State Route 223) abutting the South
side of the area. Fairfax Road will remain under the County's jurisdiction and Bear
Mountain Boulevard will remain under State jurisdiction.
SEWER - N/A
WATER - This area wil! be supplied with effluent water from City Treatment
Plant No. 3 for spreading and disposal purposes.
OTHER - (Refuse) - N/A
24 hour patrol is provided in the incerporated City area. I
I
Fire protection is provided on a 24-hour basis. The annexation will
not affect City/County Joint Fire service capability.
N/A
N/A
N/A
N/A
Adequate capacity exists.
N/A
III.
IV.
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 of the City to provide
services. The entire annexation area has been acquired in fee by the City for expansion of the
Bakersfield Municipal Sewer Farm System at Treatment Plant No. 2. The portion of Fairfax Road
lying adjacent to the territory will continue to be maintained by the County and Bear Mountain
Boulevard will continue to be State maintained.
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? No
upgradimz or chamze in facilities will be reauired in the territory for annexation.
Indicate and explain proposed pre-zoning in affected territory. The nronosed annexation area is
zoned County A (Aericulture) zone.
Indicate and explain prop6sed 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.): The annexation is ore-
zoned City A (Agriculture) zone having no adverse effect on the present or proposed use of the
territory.
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 respond in a more timely manner than present County Sheriff and State Highway Patrol
services. The territory will be City owned land within the corporate boundary upon annexation (see
Item III).
Please provide the following information relative to city/district and county taxes: List existing
tax rate(s) in area. The existing tax rate in the area equals 1.039336% of assessed market value).
When annexed, the territory will revert to tax-exempt status, being City-owned land within the
Bakersfield Incorporated area. (Rates shown are from 1998-99 County Auditor-Controller Tax Rate
List~.
Would affected area be subject to any bonded indebtedness of the ci'ty/district: If so, explain:
No - unon annexation, the area will revert to tax-exempt status.
B. How will the difference in tax rates affect a property with a market value of $50,000? N/A