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HomeMy WebLinkAboutRES NO 78-85RESOLUTION NO. 78-85 A RESOLUTION OF APPLICATION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 303 (AKERS NO. 3). 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 35140 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 in Exhibit "A", attached hereto and made tion as though fully set forth herein. the territory described a part of this resolu- 2. That a map of the territory proposed to be so annexed, marked Exhibit "B", is attached hereto and made a part of this Resolution as though fully set forth herein. 3. That a Plan for providing services within the affected territory of the proposed annexation, in accordance with the provisions of Section 35102 of the Government Code, is marked as Exhibit "C", attached hereto and made a part hereof as though fully set forth herein. 4. That this proposal for change of organization, to wit, annexation, is made pursuant to the Municipal Organization Act of 1977 (Part 2 of Division 2 of Title 4 of the Government Code of the State of California, commencing with Section 35000 thereof), and it is requested that proceedings be authorized for annexation in accordance therewith. 5. That the reasons for the proposed change of organi- zation 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. 6. That zoning upon annexation of AKERS NO. 3 shall be considered in separate proceedings, including analysis of environmental impacts, and that the environmental impacts of the annexation will be evaluated by the Local Agency Formation Commission of Kern County, as lead agency, during its proceedings. 7. 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 George A. Caravalho City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Richard J. Oberholzer City Attorney City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 (Legal Counsel for Applicant) 8. 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 1110 Twenty-Sixth Street, Bakersfield, California. ........... o0o .......... 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 the 12th day of June 1985, by the following vote: hq~ :_i?.h/,jc~L~!.!?~ . _~r~i~c'H d~h ,,~,,:~ r~rckr'~SON MC~ ~.~OCKOF~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 12th day of June , 1985 MAYOR of the City of Bakersfield APPROVED as to form: C TY ATTORNEY~of the C~'%y of Bakersfield bl 3 R.AP-AKER ANNI:XATION NO. 303 AKERS NO. 3 A parcel o£ land situated iu the County of Kern, State of (:alifornia being a portion of Secti(m 1], 'l,nvnship 30 South, Range 27 East, M.D.8. [i M., more particularly described as follows: Beginaing at the intersection or Ihe east line of tile west 45 feet with the north line of tile south .15 feet of the southeast quarter of said Section 11, said intersection being a point on the north right of way line of Planz Road, a point on the existing Corporate Boundary of the City of Bakersfield, and the Point of Beginning for this description; Thence (l) Westerly, northerly, easterly and southerly along the last named Corporate Bouadary It, the Point of Beginning. CONTAINIM; 129.01 ACRES + I!XllI BIT "A" POINT OF .!1 SIEIC "' 2. rh AKERS NO 3 PLAN FOR PROVIDING SERVICE _AgenC~Which Presently, Providcs Service S i! RV ICES .... ~ County ?iii'kS and Recreation County Library County lice Protection County Fire P ~o~ection City Street s County (Mits truct ion County ~,!ai n 1 chance County I,i l,j~ t: ~ng Count}, Flood Control Count}, :erage N/A (Septic tanks) Other - Water Calif. Water Service Check Services ~ity l~i. ll Provide: Upon /mnexation × N/A X X Pu ture Date {specify) Existing X X After Installation After Indicate llow Services Pro- vided by City will be ~inanced (i.e., general tax rate or special assessment.) Genera______~lTax Revenue/Fees General Tax Revenue General Tax Revenue General Tax Revenue General & Gas Tax Revenue General & Gas Tax Revenue General & Gas Tax Revenue Genera~l Tax Revenue ~ecial Assessment EXHIBIT "C" i. APCKC #4 Il'lease provide the following information, when applicable, only for servl applicant city. Police l,ocatlon Indicate locatio, from w-]dch service will be provided (i.e. nenrest fire s~tation, library~ etc.) - All police services in the City of Bakersfield are administered through the City Po!ice Department located at the s/w corner of Truxtun Avenue & Eye Street about 4.5 miles northeast of the annexation. Station 7 is within 1/8 mile at Sorrano Avenue and Akers Road. Parks and Recreation- Planz Park, Grissom Park and Wilson Park are all within 1-1/2 miles of the annexation. Library - N/A Streets Lighting Sewer Construction/Maintenance _ The City Corporation Yard on Truxtun Ave. west of Freeway 99 will provide ~ecessary facilities, personnel and services to accomodate Public Works efforts. Maintenance Sweeping 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. City sewer is available in Akers Road. Effluant would be treated by the City Wastewater Treatment Plant #3. cos which will be provided hy the Service f,evel Cajmci Indicate freq.epcy alnl availability of Service (~.e.,street for em~Kency ~ervices, rec,. projl!U~M~_,_etc. 24-hour patrol is provided in the immeidate vicinity of this annexation. First priori~- response is approximately 6.35 minutes or less. Fire protection is provided on a 24-hour basis with response time of 1 minute or less. The annexation will not affect City fire s~rvice capabilities. Other - (l~ate~) _ this area is served by the California Water Service Company. With the present expansion Of Plant #3, adequate capacity exists. Adequate capacity exists. There will be no reduction in the range capacity of the City to provide the nec- cessary Public Works services to this area. Services will be on a regular basis and "as needed". Ill. What effects, i£ an)', would annexation o£ this territory have on existing level' of city services (i.e., need for additional emergency se~ice personnel or cen-a' struction of new facilities, etc.)? The annexation of this territory will not affect near term level of c~])abilitv of the City to provide needed services. IV. Would city require any upgrading or change in facili{ies to serve affected terri- tory (roads, fire hydrants, mains, etc.)? If so, would city or residents be responsible for financing? The City will not require any upending or changes in existing facilities. Should the residents of Akers No. 3 w;~nt area wide street lights and ~ewers, the City would assist them :in establishing a public improvement district to fluante installation of these improvements. V. Indicate and explain existing zoning in affected territory. See attached zoning Map I~3-1I. The existing zone is R-1 (One-Family DwellinR 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.) Akers No. 3 is fully developed and zoned R-I. The City's R-1 pre-zoning is compatible and consistent with the existing zoning and w~th the adopted ~etropolitan Area Geueral Plan. There would be no effect on the present land use. Vll. List city services that area will directly or indirectly benefit from such as decrease in fire insurance rate, shorter emergency response time, use of com- munity facilities, etc. City police should be able to respond in a moro timoly manner than the present County Sherrif and State Highway Patrol. Current City Police standard is 1.65 sworn officers per 1,000 population compared to the County standard of 1.15. The City will provide street maintenance which inclues street sweeping. Refuse service will be provided by the City and will result tn saytogs to the homeowners within this annexation. VIII. Please provide the following information relative to city and county taxes: List existing tax rate{s) in area. Existin~ tax rate in area equals percent of assess-d market value. This repreqentq tho total property tax rate. When annexed, Appreximately 30% of the total tax of th~ nron will acertie to the City. .Would. effected area be s~b3e~t to.a~y.:~O~d.~_ihdebtedness of the city? If so, explain. Yes, the tax rate for City bonds e¢~is--0-.~0¢3~6 SFhqq~'~ market value. When annexed, the total tax rato will bo 1 168220 of assosscd market value, How will the difference in tax rates affect a house with a market value of ~50,000 The effect of the difference in tax rates will ~e ncglifihlo SECTION II T. 3OS. R.27E KERN COUNTY CALIFORNIA LEG END KERN COUNTY PLANNING COl'AM I S SiON FORM 30 A BEFORE THE LOCAL AG~qCY FORMATION CC~btlSSION COUNTY OF KERN STATE OF CALIFORNIA In the Matter of Proceeding No. City of Bakersfield Annexation: No. 303 (Akers No. 3) ENVIROI~I~TAL ASSESSME~ PART "A": X X X X X X X TO BE FIr.r.~ OUT BY APPLICANT Answer following questions by placing check: (Please put "N.A." if answer does not apply.) Will this project involve a different land use fr~n those now in the area (i.e., commercial in a residential area, residen- tial in a rural area)? (See Notes Page 6) 2. Is the project site in or near, or does it contain, an impor- tant recreational, scenic, or aesthetic resource? 3. Could the project affect the functioning of an established cobraunity? (See Notes Page 6) 4. Will implementation of the project require relecation of com- munity residents? Are any of the natural or man-made features in the project area unique, that is, not found in other parts of the County, State or Nation? (See Notes Page 6) 6. Will this project involve the use, extraction, or conserva- tion of a scarce mineral resource? (See Notes Page 6) Will this project result in the erection of structures, streets, etc., over a scarce mineral resource? (See Notes Page 6) LAFCKC #30 (1/78) -1- X X 9. X 10. X 11. X 12. X 13. X 14. 15. X 16. X 17. X 18. X 19. X 20. X 21. X 22. Is the project area in or near nesting grounds, food sources, water sources, etc., used by rare or endangered species of birds, wildlife, or fish? Does the project site contain rare or endangered plant species? Is the proposed project within an agricultural preserve and/or under an Agricultural Contract with the County of Kern? If the project proposed within the boundaries of a Specific Plan? Is the project located in or near any public lands (i.e., Forest Service, Federal, State, or local parks, etc.)? Either during or after construction, could the project result in significant erosion of land? Is the project located in an urbanized or an undeveloped area? X urbanized undeveloped If in an urbanized area, will the project intensify use of the area by changing existing densities and uses (i.e., from single-family residences to multi-family, or cc~lnercial to industrial)? Is the project in conflict with the densities and land uses reco~lnended in the Kern County C~neral Plan or other adopted plans? Will the project involve application, use, or disposal of potentially hazardous materials, either during or after construction? (See Notes Page 6) Will the project result in generation of significant amounts of noise, either during or after constructions? Will the project generate significant amounts of dust, either during or after construction? Will the project involve burning of brush, trees, construction materials, etc., either during or after construction? Is any part of the project area subject to inundati6n or located in or near a floodplain? Are any of the slopes to be graded 10% or greater? LAFCKC #30 A (1/78) -2- X 23. Is any part of the project located in the area of a known earthquake fault? X 24. Will this project require grading? If yes, explain. X 25. Is the project located near a major transportation source (i.e., freeway, highway, airport, railroad)? If you have answered yes to one or more of these questions, but you still think the project will have no significant environmental effects, indicate your reasons below. (Attach additional sheets if necessary). Briefly describe the proposed project. (Attach additional sheets if necessary). The proposal is to annex a 120 acre county island located near the south- east corner of South "H" Street and Fairview Road to the City of Bakersfield. The island is entirely developed into a 474 R-1 dwelling neighborhood. There is one elementary school located within the annexation. LAFCKC #30 A (1/78) -3- PART "B": TO BE FIT.T.k~D OUT BY APPLICANT What specific off-site i~prove~ents, not now existing, will be required to provide services or access to the project? None. The area is already "built out." Percentage of ground area within project that will be cov- ered by buildings, streets, and driveways. N/A. The pro- pert¥ is already developed. If project is residential, how many people will it ulti- mately house (using average family size as determined by most recent County Planning Department Population Estimate for your sub-region and a 6% vacancy factor)? The 1980 census indicates that 888 people live there. How many K-12 children? N/A. Area has been "built out" for many years. Distance to nearest elemen~...ry school 0 miles Stine School Junior High ¼ mi. Thompson High School 3/4 mi. to West High Existing Park½ mi. to Shopping Facility ¼ mi. to K-Mart Patriots Park on Wilson NAME, ADDRESS, AND TRLRPHONE NLI~BER OF APPLICANT: City of Bakersfield, Planning Department 1501 Truxtun Avenue Bakersfield, Ca. 93301 (805) 326-3733 zip code (area cede) NAME, ADDRESS, AND 'I~:~.RPHONE NUMBEIR OF APPLICAN~£'S REPRESENTATIVE, IF ANY: Date: May 22, 1985 Dewey Sceales, Planning Director 1501 Truxtun Avenue Bakersfield, Ca. 93301 (805) 326-3733 ~ zip code (area code) / / (Signat~r~of Applicant or Agent) Planning Director (Title) LAFCKC #3 A (1/78) -4- PART "C": TO BE FILLRD OUT BY LAFCO STAFF 1. The project is consistent with the Elements of the General Plan of the County of Kern: A. Housing B. Circulation C. Land Use D. Open Space E. Conservation F. Safety G. Seismic Safety H. Noise Scenic Highways Yes No (Initials) Date: Reviewed by: Local Agency Formation Commission County of Kern LAFCKC #30 A (1/78) -5- Will this project involve a different land use from those now in the area? --The project area includes the i~nediate location of the project as well as more remote areas that may be directly or indirectly affected by consultation and/or operation of the project. 3. Could the project affect the functioning of an established co~mlunity? 17. Examples include, but are not limited to: --Changes in traffic patterns --Effects on access within the coa~nity to cc~a~ercial establishments, schools, parks, etc. --Introduction of activities not presently found within the ~ity Are any of the natural or man made features in the project area uni- que, that is, not found in other parts of the County, State, or Nation? --Unique features include those areas, structures, biological pheno- mena, etc., that exhibit distinguishing characteristics not found in other areas, or only in a small number of other areas. Such feature can be either good or bad for human health, safety, comfort, or convenience. Will this project involve the use, extraction, or conservation of a scarce mineral resource? --Uses which effectively preclude the multiple use of regional natural resources in scarce supply --Activities which tend to diminish the supply or availability of regional natural resources that are in scare supply Will this project result in the erection of structures, streets, etc., over a scare mineral resource? --Developments which effectively preclude the extraction of the region' rock, sand, gravel, or other mineral resources Will the project involve application, use, or disposal of potentially hazardous materials, either during or after construction? --Examples include, but are not limited to, toxic substances and radi- oactivewastes. LAFCKC ~30 A (1/78) -6- ANNI!XATION NO. 303 AKERS NO. 3 SPIiC IAI, DISTRICTS TAX AREA CODE NO. 106-2 AND 106-1S SPECIAL DISTRICTS AFFECTED 1) Panama School District 2) Kern Joint Union Digh School District 3) Kern Joint Union Community College District 4) Kern blosquito Abatement District 5) Kern County Service Area No. 1,2.2 6) Kern County Water Agency 7) Kern County Water Agency Zone ?117 8) Kern County Water Agency Zone #7 9) Kern County Water Agency Improvement #4 10) Kern County Water Agency Zone #19 11) Golden Empire Transit District 12) Greater Bakersfield Separation of' Grade District 13) Kern Citrus Pest Control Dislrict 14) Kern Air Pollution Control District ANNFiXATION NO. AKERS NO. SPECIAL DISTRICTS TAX AREA CODE NO. 106-2 AND 106-15 SPEC1AL DISTRICTS AFFECTED 1) Panama School District 2) Kern Joint Union High School District 3) Kern Joint Union Community College District 4) Kern Mosquito Abatement District 5) Kern County Service Area No. 12.2 6) Kern County Water Agency 7) Kern County Water Agency Zone #17 8) Kern County Water Agency Zone #7 9) Kern County Water Agency Improvement #4 10) Kern County Water Agency Zone #19 11) Golden Empire Transit District 12) Greater Bakersfield Separation of Grade District 13) Kern Citrus Pest Control District 14) Kern Air Pollution Control District