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HomeMy WebLinkAboutRES NO 52-94RESOLUTION NO. 52-94 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 381, KERN CANYON ROAD #1 ANNEXATION (WARD 3). 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, AUGUST 19, 1993, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as KERN CANYON ROAD #1 ANNEXATION, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 42-93 on August 19, 1993, 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. ORIGINAL 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. 3579, which was adopted February 23, 1994, 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 July 23, 1993. 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/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 Truxtun Avenue Bakersfield, CA 93301 Judy Skousen Acting 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. ......... o00 ......... ORIGINAL 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 APR I[ 0 ~ , by the following vote: AYES: COUNCILMEMBERS kld)ERMO~..EDWARD~ D~MD, ~!ITH. ~RUNNI, ROWLE8, I~LVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBER~ ABSENT: C~NCIL~M~ ~A~ , CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 0 1~q94 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield BY: Laura Marino, Assistant City Attorney MO:pjt March 4, 1994 res\rkcrl.roa 3 ORIGINAL EXHIBIT "A" KERN CANYON ROAD NO. ANNEXATION NO. 381 1 A parcel of land being portions of Sections 19 and 20 and all of Sections 21 and 29, Township 29 South, Range 29 East, M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the north 1/4 corner of said Section 21, angle point on the existing corporate boundary of Bakersfield. also being an the City of THENCE (1) departing from said existing corporate boundary, easterly, along the north line of said Section 21, a distance of 2636.58 feet to the northeast corner thereof; THENCE (2) southerly, along the east line of said section, a distance of 5279.86 feet to the southeast corner thereof; THENCE (3) Westerly along the south line of said Section 21, a distance of 5265.54 feet to the northeast corner of said Section 29; THENCE (4) Southerly along the east line of said Section 29, a distance 5278.80 feet to the southeast corner thereof; THENCE (5) westerly, along the south line of said section, a distance of 5281.02 feet to the southwest corner thereof; THENCE (6) northerly along the west line of said section, a distance of 5299.14 feet to the southeast corner of said Section 19; THENCE (7) westerly, along the south line of said Section 19, a distance of 407.10 feet (more or less) to a point on the southeasterly right of way line of Kern Canyon Road (State Route VI KER 184), said point also being on the existing corporate boundary line of the City of Bakersfield; THENCE (8) northeasterly, easterly, northerly and easterly along said corporate boundary line, to the point of beginning. Containing 1428.82 acres (more or less 0:3794 RTY:wrn ORIGINAL (6) (4) (3) j 28  (I) P. O.B. (2) 27 ANNEXATION NO, ~$1 RESOLUTION NO ANNEXATION OF tKERN CANYON ROAD No. I TO THE CITY OF BAKERSFIELD EXHIBIT "B" ANNEXATION NO. 381 (KERN CANYON ROAD NO. 1) PLAN FOR PROVIDING SERVICES PRovmrs sERWC Crrv !srPaCT PRovm , SERVICES ]BE ~ANC~: ~i~ GENERAL TAX U Future Date ~ RATE OR S~ ASSESSMENT ) (s~ci~) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation N/A CITY U/P GENERAL TAX REVENUES Library COUNTY N/A Police Protection SHERIFF & HIGHWAY CITY GENERAL TAX REVENUES PATROL Fire Protection COUNTY NO CHANGE GENERAL TAX REVENUES, FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction COUNTY PRIVATE DEVELOPMENT Maintenance COUNTY CITY U/P GENERAL AND GAS TAX REVENUES Sweeping NONE CITY U/P GENERAL AND GAS TAX REVENUES Lighting NONE CITY U/P GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage NONE CITY USER FEE/SPECIAL ASSESSMENT Water OLCESE WATER DISTRICT CITY U/P USER FEE Other (REFUSE) N/A CITY U/P USER FEE 1. Please provide the following information, when applicable, only for service which will be provided by the applicant city. Location Service Level Ca.p__~ 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-all police services in the City of Bakersfield are administered through the City Police Department located at the say corner of Truxtun Avenue and Eye Street approximately 7 1/2 miles southeast of the annexation. FIRE-Fire protection service wiil be provided by County Station No. 44 (Rio Bravo) located at Alfred Harrell Hwy. and Lake Ming Rd. and also by County Station 45 (Edison) located on Edison Hwy. near Edison Rd. 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 fire fund collected from the City's taxpayers must be transferred to the City. p.aul~,q AND RECREATION-Upon development of residential areas, the adopted city standard provides a minimum of 2.5 acres of park space per 1000 population or in-lieu fees. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west FWY. 99 will provide necessary facilities, personnel and services to accommodate Public Works efforts. CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING-Maintenance and personnel will be dispatched from thc City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting. SEWER-Thc territory is within the boundary of the City's Sewer Assessment District 93-1 whereby a trunk sewer system will be constructed to serve a major portion of the northeast and will connect to City Treatment Plant No. 2. WATER-This area is currently boing studied for a city service area whereby service would bc provided for and operated by thc City Water Resources Department. OTHER-(Rcfusc)-Whcn annexed, upon development, 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/County Joint Fire service capability. All city parks 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. 2 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 not affect the near term level or c,~pability of the City to provide needed services. Upon completion of proposed future development in the area additional police officers would likely be required to maintain the current level of city service. Street improvements resulting from development will have some effect on the maintenance re,~pons~70ility of the city but will not affect the existing level of service because the entire area is now undeveloped. 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? As development occurs. the developer provides and pays for major facilities and dedicates them to the City. No upgrading or change in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. The territory is zoned County A (Agriculture) zone. except for the small portion (1.84 ac.) lying in Section 19 which is zoned County R-I (Low Density ResidentiaD zone. Indicate and explain proposed prezoning in area. (List effects on present laud use that would occur as a result of annexation such as maintenance of livestock on property, etc.) The territory is prezoncd to City R-H (Residential Holding) Zone except for the 1.84 portion lying in Section 19 which is prezoned to City R-1 (One Family Dwelling) zone. The City R-H Zone allows agricultural uses and rural residential uses as permitted by the current county A (Agriculture) zone. ORIGINAL 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 respolld in a more timely manner than present County Sheriff and State Hiehway Patrol services. As residential development occurs. the present City refuse collection rate is substantial~ lower than fees county residents now pay to independent companies. No special assessment or charges for street sweeping. leaf collection. school crossing guards. street lighting energy costs and fire hydrants. City Government also provides increased political representation for 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 existing tax rate in the area equals 1.104529% for that portion of the area lying within Section 19 and 20 and 1.131657% (of assessed market value) for Sections 21 and 29, When annexed a designated percentage of the total property tax for the area will accrue to the City and the remainder to the County for providing Health Care and Social Services. (Rates shown are from 1993-94 County Auditor-Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No-the previous years (1992-93) City bonded indebtedness has been paid off and the current (1993-94) tax rate list shows no city 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 annexation. 0:A381 R~%f :wrn 4