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Home My WebLink AboutRES NO 94-93RESOLUTION NO.~' 9 4 - 9 3 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 376, COLLEGE NO. 5 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, MARCH 4, 1993, and continued to APRIL 1, 1993, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as COLLEGE 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. 23-93 on April 1, 1993, the Planning Commission recommended approval of the prezoning for the annexation 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 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. 3526, which was adopted May 12, 1993, 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 January 29, 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 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 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. ......... 000 ......... 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 JUN I1 9 L~93 , by the following vote: AYES: COUNCILMEMBERS: EDWARDS, DeMOND. SMITH, B~W~It:KANE, McDERMOTT SALVAGGIO NOES: COUNCILMEMBERS ABSENT COU NCJLME MBERS: ABSTAIN COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 0 9 1993 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: ~W~N~ M. LUNA~INI .~./,/ CI~ A~ORNEY of the CiW of Ba~sfield MO/pjt res~roa.co5 May 24, 1993 3 ORIG;NAL EXHIBIT 'A' COLLEGE NO. 5 ANNEXATION NO. 376 A parcel of land situated in the northwest 1/4 of Section 30, Township 29 South, Range 29 East, M.D. M., County of Kern, State of California, more particularly described as follows: Commencing at the northwest corner of said Section 30 as the northwest quarter thereof is shown on record of survey map filed in Book 15 of Record of Surveys at Page 192 in the office of the Kern County Recorder; THENCE South 89' 47' 54" East, along the north line of said 1/4 section, a distance of 1349.56 feet to the northeast corner of the northwest 1/4 of the northwest 1/4 of said section, 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, South 00' 30' 12" West, 661.96 feet; THENCE (2) North 89' 47' 30" West, 675.31 feet; THENCE (3) South 00' 32' 53" West, 507.60 feet; THENCE (4) North 89' 47' 53" West, 470.72 feet; THENCE (5) North 00' 35' 39" East, 26.82 feet; THENCE (6) South 89' 51' 02" West, 150.00 feet to a point on the east right of way line of Morning Drive (County Road No. 1670) also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (7) Northerly and easterly along said corporate boundary line to the point of beginning. Containing 26.82 acres (more or less) PRE-CHECKED by KERN COUNTY SURVEYORS OFFICE COLLEGE AVENUE (7) (7) (5) (4) (2) [I) P. O. B. SEC $0 ANNEXATION NO, :~76 RESOLUTION NO, ANNEXATION OF' COLLEGE No. 5 TO THE CiTY OF BAKERSFIELD 26~82 -* ACRES SCALE: 200 0 200 400 6~)O EXHIBIT "B' PLAN FOR PROVIDING SERVICES ANNEXATION NO. 376 (COLLEGE NO. 5) AGENCY WHICH CHECK SERVICES WHICH INDICATE HOW SERVICESi~'.: PRESENTLY PROVIDES CITY/DISTRICT WILL PROVIDED BY CITY/DISTRICT' SERVICES SERVICE PROVIDE WILL BE FINANCED (I,E,, . ~ENERALTAXRATE OR UDon Annexation Future Date SPECIAL ASSESSMENT. } (specify} Planning COUNTY x GENERAL TAX REVENUES Parks and N/A N/A N/A Recreation Library COUNTY N/A N/A Police SHERIFF & HIGHWAY x GENERAL TAX REVENUES Protection PATROL Fire COUNTY NO CHANGE GENERAL TAX REVENUES Protection FIRE FUND Street COUNTY x GENERAL AND GAS TAX REVENUES Construction CITY SCHOOL DISTRICT NO CHANGE GENERAL TAX REVENUES SCHOOL FUNDING Maintenance COUNTY x GENERAL AND GAS TAX REVENUES Sweeping NONE x GENERAL AND GAS TAX REVENUES Lighting NONE x GENERAL TAX REVENUES Flood Control COUNTY x GENERAL TAX REVENUES Sewerage CITY x USER FEE/SPECIAL ASSESSMENT Water EAST NILES COMMUNITY NO CHANGE USER FEE SERVICES DISTRICT Other (REFUSE) FRANCHISE COLLECTOR x USER FEE D 4:ANNEX376.1 EXHIBIT "C" Please provide the following information, when applicable, be provided by the applicant city. Location Indicate location from which service will be provided (i.e. nearest fire station, library, etc.) only for service which will Service Level Capacity Indicate frequency and availability of service (i.e., street sweeping, 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 corner of Truxtun Avenue and Eye Street approximately 6 1/2 miles westerly of the annexation. FIRE-First response for fire protection service will be from County Station No. 42 located at Fairfax Road and Niles Street (2011 Fairfax Road). 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/SWEEPING/LIGHTING- Maintenance and personnel will be dispatched from the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, construction/maintenance, sweeping and lighting. SEWER-An existing sewer main in Morning Drive is operated by East Niles Community Services District and will service the territory. WATER-This area will continue to be served by the East Niles Community Services District. 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. 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. 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. City refuse pickup is twice a week. D 4:ANNEX376.2 Ill. 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. U~on completion of the school facility, additional police officers may or may not be reauired to maintian the current level of city service. Street improvements resultin~ from development of the facility will have minimal effect on the maintenance responsibility of the city and will not affect the existing level of service. 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? As development Occurs, the developer provides and DaYS for major facilities and dedicates them to the City. No uDaradin~ or chan~e in facilities will be reauired in the territory for annexation. Indicate and explain existing zoning in affected territory. The entire territory is zoned County R-1 (Low Density Residential) zone, VI. 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 entire territory is Drezoned to City R-1 (One Family Dwellina) Zone and is compatible with the existina Countv zoning. RTY:lh D 4:ANNEX376.3 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 respond in a more timely manner than present County Sheriff and State HiGhway Patrol services. The present City refuse collection rate is substantially lower than fees county residents now Dav to independent companies. No special assessment or charges for street sweepinG, leaf collection, school crossing Guards, street liGhtinG enercn; costs and fire hydrants upon development of the territory. 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 eGuals 1.157714% of assessed market value, however, both oCcuoants of the area, The Bakersfield Citv School District and the East Niles Community Services District have tax exempt status. (Rates 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. N/A (Tax Exempt Status). How will the difference in tax rates with a market value of $50,000.00? N/A (Tax Exempt Status). affect aproperty STY:lb D 4:ANNEX376.4 4