HomeMy WebLinkAboutRES NO 157-97RESOLUTION
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD IDENTIFIED AS
ANNEXATION NO. 397, BRIMHALL NO. 4 ANNEXATION
(WARD 4).
WHEREAS, the city has modified the alignment of Calloway Drive north of
Brimhall Road; and
WHEREAS, the changes to the alignment separated the Calloway Drive
right-of-way from the City boundary and the northeast corner; and
WHEREAS, all but approximately one acre of the site is within the City of
Bakersfield; and
WHEREAS, the City of Bakersfield Municipal Code Section 17.06.030 B.4
describes that when a street is officially vacated, the zoning regulations abutting the
property shall apply; and
WHEREAS, the zoning of the abutting property is C-2; and
WHEREAS, the C-2 zone would apply to the proposed site; and
WHEREAS, the property owner wishes to develop the property in the city;
and
WHEREAS, the property owner has requested annexation of the site; 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.
OR]G~N;,L
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. It has been determined that this project is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) General Rule.
6. 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 Officer of the Local Agency Formation
Commission of Kern County at 2700 "M" Street, Suite 290, Bakersfield, California
93301.
......... o0o ........
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 ~ ~ 1997 , by the following vote:
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ORIGINAL
AYES: COUNCILMEMbER 9eMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOE3: COUNCtL¥,ShT:ER ~klO~ ^
~T~[~. COUNCIU,~EMBER
~E~ COUNCIlEMBeR ~ ~
CITY CLERK and Ex Officio (:~rk of the
Council of the City of Bakersfield
APPROVED/~T22 1997
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MO:pjt
September 15, 1997
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EXHIBIT "A"
BRIMHALL NO. 4
ANNEXATION NO. 397
A portion of the southeast 1/4 of Section 30, Township 29 South, Range 27 East, M.D. M, County
of Kern, State of California, more particularly described as follows:
Commencing at the southeast comer of said Section 30, said corner being monumented and officially
designated as 681,968.316 feet North and 1,669,345.712 feet East per the California Coordinate
System, Zone 5;
Thence North 00° 51' 07" East, along the east line of said section, a distance of 30.00 feet;
Thence North 89° 06' 37" West, 203.85 feet to a poim on the north right of way line of Brimhall
Road (Co. Rd. No. 589) also being a point on the existing corporate boundary of the City of
Bakersfield and the TRUE POINT OF BEGINNING;
Thence (1) departing from said corporate boundary line, along the west right of way line of realigned
Calloway Drive, North 62° 32' 31" East, 34.89 feet to the beginning of a non-tangent, 1,430.00 foot
radius curve, concave northwesterly, having a radial bearing of South 67° 22' 42" East, from said
beginning of curve;
Thence (2) northeasterly along said right of way curve through a central angle of 07° 33' 49" an arc
distance of 188.77 feet to the beginning of a non-tangent, 1,600.00 foot radius curve, concave
northwesterly, having a radial bearing of South 73° 28' 40" East from said beginning of curve;
Thence (3) northeasterly along said fight of way curve through a cemral angle of 09° 19' 43" an arc
distance of 260.50 feet to intersect the south line of that parcel of land owned by Howard D. and
Deborah L. Smith and designated by the Kern County Assessor as APN 110-170-29;
Thence (4) South 89° 07' 52" East, along said parcel line, 35.19 feet to imersect the west line of the
east 30 feet of said Section 30, also being the west right of way line of Calloway Drive (Co. Rd. No.
360), also being a point on the existing corporate boundary of the City of Bakersfield;
Thence (5) southerly and westerly along said corporate boundary line to the TRUE PO1NT OF
BEGINNING
Containg 1 acre (more or less)
HARVEY
~..._~
-RACT NO.
SEC. 30
T. 29 S.
R. 27 E.
M. D.M.
COURT ~ ,/
.'d
47S4
R M. NO. 7226
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SEC. 29
LLA 254
VICINITY MAP
ANNEXATION OF
TO THE CITY OF BAKER~F~LD
PLAN FOR PROVIDING SERVICES
ANNEXATION NO. 397
(BRIMHALL NO. 4)
SERVICES Agency Which Presently Provides Check Services Which CitWDistrict Indicate How Services Provided By
Service Will Provide Citx,/District will be Financed (i.e.,
eeneral tax rate or st~ecial assessment.)
Upon Future Date
Annexation (specify)
Planning COUNTY CITY GENERAL TAX REVENUES
Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES
RECREATION & PARK DIST.
Library COUNTY N/A
Police Protection SHERIFF & HIGHWAY PATROL CITY GENERAL TAX REVENUES
Fire Protection COUNTY (SEE PAGE 2) GENERAL TAX REVENUES, FIRE
FUND
Street COUNTY CITY GENERAL AND GAS TAX
REVENUES
Construction
Maintenance CITY 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 2) CITY USER FEE
Water CITY WATER RESOURCES USER FEE
Other (REFUSE) CITY USER FEE
EXHIBIT "C"
1. Please provide the following information, when applicable, only for service which will be provided by the applicant city.
Location Service Level Capaci~
Indicate location fxom 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 s/w comer of Truxtun Avenue and Eye Street
approximately 5 miles easterly of the annexation.
FIRE-Service will be provided by County Station No. 65 located at the Northeast
comer of Calloway Drive and Rnsedale Highway pursuant to exchange wherein City
protects certain property within the County's jurisdiction. Thus, the City does incure
the cost of providing fire protection and the fire 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 Tmxtan Avenue west Fwy. 99 will provide
necessary facilities, personnel and services to accommodate Public Works efforts.
CONSTRUCTION/MAINTENANCE/S1VEEPING/LIGHTING-Maintenance and
personnel will be dispa~hed 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.
SEWER-The territory has access to the existing City trunk sewer line in Brimhall Road
which was constructed as part of the City's "Buena Vista" trunk sewer system and is
directed to City Wastewater Treatment Plant No. 3
WATER-The territory 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 ama.
Services will be on a regular basis and "as needed".
Adequate capacity exists.
Adequate capacity exists.
City refuse pickup is twice a week.
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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 carability of the City to provide needed
services. The major portion of the territory consists of public road right of way for realigned Calloway
Drive already being maintained by the City. No additional police officers will be required to maintain the
current level of city service. The small portion outside of the road rieht of way is part of a proposed
commercial development having no dedicated interior streets.
IV.
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? Private
development 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 subject territory is presently zoned County C-2
~General Commercial/ Zone.
VI.
VII.
Indicate and explain proposed prezoning 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 City proposes to prezone the territory
to City C-2 (Regional Commercial) Zone which is compatible with the present County designation. The
proposed prezoning is consistent with the Metropolitan Bakersfield 2010 General Plan designation.
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 resvond
in a more timely manner than present 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 energy costs and fire hydrants when located
within the City's right of way. City government 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 exisfmg tax rate(s) in area. The existira., tax rate in the area equals 1.315723 % of assessed market value.
This represents the total property tax rate. When annexed a designated percentage of the total property tax
of the area will accrue to the City and remainder 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 cltv bonded indebtedness.
How will the difference in tax rates affect a property with a market value of $50,000.00?
The property rate will not increase due to annexation and re-assessment will not occur due to annexation.
G :\LEGAL\ 1997\ANNX397
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