HomeMy WebLinkAboutRES NO 113-93RESOLUTION NO. 113-93
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO
THE CITY OF BAKERSFIELD IDENTIFIED AS
ANNEXATION NO. 377, ROSEDALE NO. 5 ANNEXATION
(WARD 4 OR 5).
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, MARCH 19, 1992 and APRIL 2, 1992, on the proposed
annexation of certain properties to the City of Bakersfield known as ROSEDALE NO. 5
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. 18-92 on April 2, 1992, the Planning
Commission recommended approval of 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:
l. That the City of Bakersfield hereby proposes the annexation to the City
of Bakersfield of the territoW 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. 3473, which was adopted July 15, 1992, 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 February 3, 1992.
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 Traxtun Avenue
Bakersfield, CA 93301
Alan Tandy
City Manager
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Lawrence M. Lunardini
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.
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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
'~UN ~ ~ ~ , by the following vote:
A'~'S: COUNCILMEMBERS: E.,l~i~. DeMOND, SMITH, BRUNNI, KANE, MeDERMOTT ~ALVAGGIO
NOES: COUNCtLM_EHDERS
ABSENT COUNCILMEMBER~- *':-
AI~TAIN COU NCILME MBER$
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUN ~ $ YJ$3
VICE-MAYOR ..
Af.P,)ROVED as to form:
CITY ATTORNEY of the City of Bakersfield
RED/pjt
Attachments:
Exhibit A
Exhibit B
Exhibit C
res\roa.r5
June 10, 1993
EXHIBIT "A"
ROSEDALE NO. 5
AN~TEXATION NO. 377
A Parcel of land being portions of Sections 22, 23, 26, 27, 28 and
33 in Township 29 South, Range 27 East, M.D.M., Kern County,
California, more particularly described as follows;
Beginning at the point of intersection of the east line of the
right of way for the Friant-Kern Canal and the north line of the
100 foot wide right of way for the Atchison Topeka and Sante Fe
Railroad (in the Northwest 1/4 of said Section 28), said point also
being on the existing corporate boundary of the City of
Bakersfield;
THENCE (1) South 89'36'00" East along said Railroad right of way
line, 2417.11 feet to a point on the west line of the southeast 1/4
of the northeast 1/4 of said Section 28;
THENCE (2) Northerly along said west line~ 1156.98 feet to a point
on the south right of way line of Fruitvale Avenue Extension (co.
Rd. No. 1842);
THENCE (3) Easterly, along said south right of way line, 1324.33
feet to a point on the west line of said Section 27;
THENCE (4) North 00'54'56" East along the west line of said Section
27, a distance of 435.42 feet to a point on the south line of the
additional road right of way for Fruitvale Avenue (Co. Rd. No.
3148);
THENCE (5) South 89'05'04" East, along said south line, 33.00 feet
to a point on the east right of way line of Fruitvale Avenue;
THENCE (6) North 00'54'56" East, 25.00 feet to the beginning of a
1956.00 foot radius curve, concave to the Southeast;
THENCE (7) Northeasterly along said curve through a central angle
of 09'57'00", an arc distance of 339.68 feet;
THENCE (8) North 10'51'56" East, 125.41 feet to the beginning of a
2055.00 foot radius curve, concave to the northwest;
THENCE (9) Northeasterly along said curve through a central angle
of 09°57'00", an arc distance of 356.87 feet;
THENCE (10) North 00'54'56" East, 75.09 feet to a point on the
south line of said Section 22;
THENCE (11) Continuing North 00'54'56" East, 80.00 feet to a point
on the north line of the South 80.00 feet of said Section 22, said
point also being on the north right of way line of Rosedale Highway
(State Route VI-KER-58);
THENCE (12) Easterly, on and along said north right of way line of
Rosedale Highway, a distance of 7942.43 feet (+/-) to a point on
the existing corporate boundary of the City of Bakersfield;
THENCE (13) Southerly, Westerly and Northerly along the various
courses of said existing corporate boundary to the point of
beginning.
Containing 1,042,57 Acres (More or Less)
,y/
54
(13)
ANNEXATION OF
ROSEDALE NO. 5
EXHIBIT '"B"
PLAN FOR PROVIDING SERVICES
ANNEXATION NO. 377
(ROSEDALE NO, 5)
SERVICES
Planning
Parks and
Recreation
Library
Police
Protection
Fire Protection
Street
Construction
Maintenance
Sweeping
Lighting
Flood Control
Sewerage
Water
Other (REFUSE)
D4:ANNEX377.1
Aaencv Which
Presently Provides
Service
COUNTY
N/A
COUNTY
SHERIFF & HIGHWAY
PATROL
COUNTY
COUNTY
PRIVATE DEVELOPMENT
COUNTY
NONE
COUNTY
COUNTY
N/A
N/A
FRANCHISE COLLECTOR
Check Services Which
City/District Will
Provide
Upon Future Date
Annexation (specify)
CITY
CITY
COUNTY
CITY
CITY
CITY
CITY
CITY
CITY
CITY
CITY
EXEIBIT "C"
1
Indicate How Services
Provided Bv
City/DiStrict will be
Financed (i.e.,
aeneral tax rate or
special assessment.)
GENERAL TAX REVENUES
N/A
N/A
GENERAL TAX REVENUES
GENERAL TAX REVENUES
FIRE FUND
GENERAL AND GAS TAX
REVENUES
PRIVATE DEVELOPMENT
GENERAL AND GAS TAX
REVENUES
GENERAL AND GAS TAX
REVENUES
GENERAL TAX REVENUES
GENERAL TAX REVENUES
USER FEE/SPECIAL
ASSESSMENT
USER FEE
USER FEE
1. Please provide the following information, when applicable, only for sen, ice which will
Location
Indicate location from which service
will be provided (i.e. nearest fire
station, library, 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 2 1/2 miles east of the annexation.
FIRE-Fire protection service will be provided by County Station No. 66
located north of Rosedale Highway, at Landco Drive and Marlin Court
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 City.
be provided by the applicant city.
Service Level Capacit)~
Indicate frequency and availability
of service (i.e., street sweeping,
response time for emergency services,
rec. programs, etc.
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 except that the provision of municipal water
service and fire hydrants will enhance fire protection.
PARKS AND RECREATION-N/A
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/SWEEPINGFLIGHTING--
Maintenance 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.
SEWER-An existing City trunk sewer line in Brimhall Road on the west
side of the Friant-Kern Canal is available for service to the majority of the
annexation area and is treated by City Treatment Plant No. 3.
WATER-This area within the City of Bakersfield domestic water system-
Fairhaven Service Area.
OTHER-(Refuse)-Present refuse collection is provided by a franchise
refuse collector. When annexed, service will be provided by the City
either by City forces or by contracts with the same collector if at all
possible.
3 4:ANNEX377.2
N/A
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 and service will be extended
upon annexation.
City refuse pickup is twice a week.
o Gi r FOz'
Ill.
IV.
V1.
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 needed services. UPOn
time of development of this territory, additional Police
officers may or may not be required to maintain the
current level of citv service. Anv street improvements
resultin~ from development will increase the future
maintenance reSPonsibility of the City but will not
affect the existin~ level of service. Further analysis
of service capabilities will be conducted at the time of
future d~veloDment DrODOSalS.
Would city/district require any upgrading or change in
facilities to serve affected territory (roads, fire
hydrants, mains, etc.): If so, would city/district o__r
residents be responsible for financing? AS development
occurs, the developer provides and DaVS for maiOr
facilities and dedicates them to the City. No uD~radin~
or chan~e in facilities will be required in the territory
for annexation, however, the City will be assistin~
owners of existing development to install fire hydrants,
water lines and street imDrovements.
Indicate and explain existing zoning in affected
territory. County M-1 (Light Industrial), M-2 (Medium
Industrial), M-3 (Heaw Industrial), M-3PD (heaw
Industrial-Precise Development Combining District), A
(Exclusive A~riculture), RF (Recreation-Forestry), FP-P
(Floodplain Primam and FP-S (FloodPlain-Secondary),
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 mromoSed Drezonin~ is City M-1
(Light Manufacturing), M-2 (General Manufacturing), M-3
(Heaw Industrial), FP-P (Floodplain Primary Zone) and
FP-P (Floodplain-Secondary). See attached zonin~ mad on
ma~e 5.
Subject site is developed primarily with petroleum
refineries, petroleum extraction, petroleum related
industries and other industrial development.
Proposed zone changes are consistent with existing and
proposed general plan designations.
RTY:lh
D 4:ANNEX377.3
VII.
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
resDond in a more timeiv matter than Present Countv
Sheriff services. The oresent Citv refuse collection
rate is substantially lower than fees county residents
now Dav to independent Companies, No special assessment
or charqes for street sweeminq, leaf collection, street
liqhtinq energy costs and fire hydrants.
VIII
A.
Please provide the following information relative to
city/district and county taxes:
List existing tax rate(s) in area. The existinq tax rate
in the area equals 1.200342% of assessed market value.
This represents the total mromertv tax rate. When
annexed a designated Percentage of the total DroDertv tax
of the area will accrue to the City and remainder to the
County for mrovidin~ health care and social services.
(Rate as shown on 1992-93 County Auditor-Controller Tax
Rate List).
Would affected area be subject to any bonded indebtedness
of the city/district: If so, explain. Yes. when
annexed, the rate will be increased bv 0.002400% of
assessed market value which equals the City bond rate.
How will the difference in tax rates affect a property
with a market value of $50,000.00?
The City Bond rate of 0.002400% amounts to a difference
of $1.20 more Per Year on a Property of this value.
RTY:lh
D 4:ANNEX377.4
ZONING UPON ANNEXATION 5275
ROSEDALE ~5 ANNEXATION
-5-