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HomeMy WebLinkAboutRES NO 119-98 RESOLUTION NO. ~' j~ ~ "' g 8 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 400, (WARD 4). WHEREAS, the Planning Commission of the Oity of Bakersfield, in accordance with the provisions of Section 65353 of the Government Codei held a public hearing, on the prezoning for the proposed annexation of certain properties tc~ the City of Bakersfield, notice of the time and place of hearing having been given at least twen!y calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 110-97 on December 18, 1997, 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 Plahning 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 t~ully 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. 3819, which was adopted January 28, 1998, 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 November 7, 1997 6. That the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in the California Environmental Quality Act has been duly followed. 7. That the territory proposed for annexation as described herein has been determined to be 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 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 ........ 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 $£P l $ I , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CA~ON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio ~,~erk of the Council of the City of Bakersfield APPROVED $1~p ~, $ 1~ B(~B PRICE,~' NAYOR o¢ the City o¢ Baker'sfield ,- u,NA: OFFICE OF THE CITY ATTORNEY MO:pjt September 4, 1998 res\r400-roa EXHIBIT "A" ROSEDALE NO. 6 ANNEXATION NO. 400 A parcel of land being a portion of the Northwest 1/4 of Section 28, Township 29 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at the Northwest corner of said Section 28 shown as a found monumented corner on Record of Survey filed in Book 15 of Record of Surveys at Page 105 in the Office of the Kern County Recorder, said Section comer being designated as 2,327,603.8516 feet North and 6,236,107.3910 feet East per California Coordinate System (C.C.S. 83), Zone 5; Thence South 890 46' 45" East along the North line of said Section 28 a distance of 1040.37 feet to intersect the westerly right of way line of theCaLloway Canal, said point also being on the existing Corporate Boundary line of the City of Bakersfield; Thence North 400 06' 15" West, along said canal right of way line (and Corporate Boundary Line), 104.93 feet to a point on the North right of way line of Rosedale Highway (State Route VI-KER-58), said point being the TRUE POINT OF BEGINNING; Thence (1) departing from said Corporate Boundary South 890 46' 45" East, along said North right of way line of Rosedale Highway, 1073.29 feet to intersect the northerly prolongation of the East line of that parcel of land granted to the Tyrul L. and Mildred B. Boyd Family Trust dated August 1, 1990 per Grant Deed recorded August 21, 1990 in Book 2421, Page 1779, Official Records, in the Office of the Kern County Recorder; Thence (2) South 00° 12' 17" West along said East properly line (and prolongation), 740.82 feet to the Southeast corner thereof; Thence (3) North 89o 46' 45" West, along the South line of last named property, 93.00 feet; Thence (4) South 00° 12' 17" West, 508.50 feet; Thence (5) North 890 46' 45" West, 257.00 feet; S:\RON~1995~Annexaton 400 EXH-A Rosedale~o.wpd -1- CHECKT~D by KERN COUNTY SURVEYORS OFFICE Thence (6) South 00° 12' 17" West, 152.82 feet to a point on the South line of the North 1/2 of the Northwest 1/4 of said Section 28; Thence (7) North 89o 47' 49" West, along said South line, 371.00 feet to a 1/16th corner thereon (per above described Record of Survey); Thence (8) North 89° 47' 45" West, along said South line, 509.09 feet to a point on the westerly right of way line of the Calloway Canal, said point also being on the existing Corporate Boundary of the City of Bakersfield; Thence (9) northerly on and along said Corporate Boundary Line to the TRUE POINT OF BEGINNING. Containing 31 Acres (more or less) S:\RON~1998LAnnexaton 400 EXH-A Rosedale-6,wlxi -2- R6SEO~,, ~' ' ALGmVa.~_ 4 5 6 (91 Q® ® R. 27 E~ FRUITVALE SCHOOL ANNEXATION OF ROSEDALE NO. 6 EXHIBIT "B" PLANS FOR PROVIDING SERVICES ANNEXATION NO. 400 (ROSEDALE NO. 6) AGENCY WHICH CHECK SERVICES WHICH INDICATE HOW SERVICES SERVICES PRESENTLY CITY/DISTRICT WILL PROVIDED BY CITY/DISTRICT WILL BE FINANCED (I.E., GENERAL TAX RATE OR SPECIAL ASSESSMENT.) PROVIDES SERVICE PROVIDE Upon Annexation Future Date (Specify) Planning COLrNTY CITY GENERAL TAX REVENUES Parks & NORTH BAKERSFIELD CITY GENERAL TAX REVENUES Recreation ' RECREATION & PARKS DISTRICT Library COUNTY N/A Police SHERIFF & HIGHWAY CITY & HIGHWAY GENERAL TAX REVENUES Protection PATROL i PATROL Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND Street COUNTY & STATE CITY & STATE GENERAL AND GAS TAX REVENUES Construction COUNTY PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping CITY GENERAL AND GAS TAX REVENUES Lighting COUNTY CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY USER FEE/SPECIAL ASSESSMENT Water CITY CITY USER FEE Other (REFUSE) PRIVATE CONTRACT USER FEE ~.' RON21998~0nex400 Providing Services Plan wpd EXHIBIT "C' l. Please provide the }bllowing information, when applicable, only lbr service which will be provided by the applicant city. Location Indicate location from which service will be provided (i.e. nearest fire station library, etc.) Service Level Capacity Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, recreation 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 and Eye Street about 5 miles southeast of the annexation. FIRE - Service will be provided by County Station No. 65 located on the North side of Rosedale Highway easterly of Calloway Drive 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 both City and County. PARKS AND RECREATION - The annexation area is within the jurisdiction of the North Bakersfield Recreation and Park District and is subject to the adopted standards of the District. LIBRARY - N/A STREETS - The City Corporation Yard on Truxtun Avenue west Fwy. 99 will >rovides 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 constructed/maintained, sweeping and lighting. SEWER - A City trunk sewer line has been constructed in Rosedale Highway from Main Plaza Drive to the East side of the Friant Kern Canal. WATER - This area will continue to be served 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. ~fT~'ck' 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 District 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. S: RON 1998~nnex400 Providing Sen'ices Plan.wpd III. IV. VI. VII. VIII. 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 constmction of new facilities, etc)? The annexation of this terntory will not affect the near term level or capability of the City to provide services. Upon completion of any new development in the area. additional police officers would likely not be required to maintain the current level of City service. Any street improvements resulting from development will have minimal effect on the maintenance responsibility of the City and will not affect the existing level of service. The portion of Rosedale Highway lying within the territory will continue to be maintained by the State, 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 additional 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 terntory for annexation. Indicate and explain proposed pre-zoning in affected territory The annexation area is zoned County M-2 (Medium Industrial) except for 2.99 acres at the Southeast Comer which is zoned County A (Agriculture) zone. Indicate and explain proposed pre-zoing 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 annexation is pre- zoned City M-2 (General Manufacturing) zone, except the 2.99 acres at the Southeast Comer, which is pre-zoned City A (Agriculmre~ zone. 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 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. Please provide the following information relative to city/district and county taxes: List List existing tax rate(s) in area. The existing tax rate in the area equals 1.318317% of assessed market value). 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 1997-98 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 last shown (1992-93) City bonded indebtedness has been paid off and the current 1997-98 tax rate list shows no City bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,0007 The property rate will not increase due to annexation and re-assessment will not occur due to annexation. S:/RON~1998~Annex400 Exhibit C-t wpd