HomeMy WebLinkAboutRES NO 143-98RESOLUTION NO. 1 '~ 3 - 9 8
A RESOLUTION OF APPLICATION PROPOSING
PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE
CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO.
401. (WARD 1)
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance
with the provisions of Section 65353 of the Government Code, conducted a public hearing on
the prezoning for the proposed annexation of certain properties to the City of Bakersfield, notice
of the time and place of hearing having been given at least twenty 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 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; and
WHEREAS, the City of Bakersfield owns said territory; and
WHEREAS, the City of Bakersfield wishes to use the property for farming with
effluent spreading operations.
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 City of
Bakersfield owns the land and the City wishes to use the land for farming with effluent
spreading operations in conjunction with Wastewater Treatment Plant No. 2.
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 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
Robert Sherry
Chief Assistant 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__(;ity of Bakersfield at a regular meeting thereof held on
I~0V 0 ~, 1~8 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMO~f', ROWLES, SULLIVAN, SALVAGGIO
COUNCiLMEMBER
COUNCILMEMBER
COUNCILMEMBER /¥
Council of the City of Bakersfield
NOV 0 ,~ 1998
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ
Assistant City Attorney
MOpjt
October 20, 1998
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EXHIBIT"A"
PANAMA NO. 13
ANNEXATION NO. 401
A parcel of land being a portion of the South 1/2 of Section 28, Township 30 South, Range 28
East, M.D.M., County of Kern, State of California, more particularly described as follows:
Commencing at the southwest comer of said Section 28, said comer being monumented and
designated as 2,290,168. 7522 feet North and 6,267,579. 2063 feet East per California
Coordinate System (C.C.S., 83), Zone 5;
Thence South 89° 37' 16" East, along the South line of said Section 28, a distance of 2978.21
feet to the Southwest comer of Parcel "B" of Parcel Map No. 1665 filed for record in Book 8 of
Parcel Maps at page 138 in the office of the Kern County Recorder, said comer being on the
existing corporate boundary of the City of Bakersfield and is THE TRUE POINT OF
BEGINNING;
Thence (1) departing from said corporate boundary, North 89° 37' 16" West, along the South line
of said Section 28, a distance of 2945.21 feet to a point on the East right of way line of
Cottonwood Road (right of way width of 66 feet);
Thence (2) North 00° 29' 49" East, along said right of way line, 2642.44 feet to a point on the
North line of Parcel "A" of said Parcel Map No. 1665;
Thence (3) South 89° 39' 51" East, along said north line (and prolongation thereof), 2945.34 feet
to the Northwest comer of Parcel "B" of said Parcel Map No. 1665, said comer being on the
existing corporate boundary of the City of Bakersfield;
Thence (4) South 00° 29' 59" West, along said existing corporate boundary line, 2644.65 feet to
the TRUE POINT OF BEGINNING.
Containing 179 acres (more or less)
G:\GROUPDA¥\Letters\1998~Pamexation 401 EXH-A Panama -13,wpd
ANNEXATION NO. 401
(PANAMA NO. 13)
PLANS FOR PROVIDING SERVICES
AGENCY WHICH CHECK SERVICES WHICH INDICATE HOW SERVICES
SERVICES PRESENTLY CITY/DISTRICT WILL PROVIDED BY CITY/DISTRICT WILL BE FINANCED (I.E.,
PROVIDES SERVICE PROVIDE GENERAL TAX RATE OR SPECIAL ASSESSMENT.)
Upon Annexation Future Date
(Specify)
Planning COUNTY CITY GENERAL TAX REVENUES
Parks & N/A
Recreation
Library COUNTY N/A
Police SHERIFF CITY GENERAL TAX REVENUES
Protection
Fire Protection COUNTY COUNTY GENERAL TAX REVENUES, FIRE FUND
Street COUNTY GENERAL AND GAS TAX REVENUES
Construction N/A
Maintenance N/A
Sweeping N/A
Lighting N/A
Flood Control COUNTY CITY GENERAL TAX REVENUES
Sewerage N/A
Water CITY CITY EFFLUENT WATER FROM CITY TREATMENT
PLANT NO. 2
O, ther (REFUSE) N/A
EXHIBIT "C'
1
S:\RON~4998~Annex401 Providing Services ?lan.wpd
l. Please provide the following information, when applicable, only for 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 Tmxtun and Eye Street about 8
miles Northwest of the annexation.
FIRE - Service will be provided by County Station No. 52 located on the North side
of Taft-Bakersfield Highway westerly of Golden State Highway 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 ~br expansion of City's
Municipal Sewer Farm facility only.
LIBRARY - N/A
STREETS - No public streets projected for annexation area.
CONSTRUCTION/MAINTENANCE/SWEEPING/LIGHTING - Access to the
territory is provided by County maintained Cottonwood Road abutting the West side
of the area. Cottonwood Road will remain under the County's jurisdiction.
SEWER - N/A
WATER - This area will be supplied with effluent water from City Treatment Plant
No. 2 for agricultural use only.
OTHER - (Refuse) - N/A
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
N/A
N/A
Adequate capacity exists.
N/A
III.
IV.
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 construction of new facilities, etc)?
The annexation of this territory will not affect the near term level or capability of the City to provide
services. The entire annexation area (except for the right of way held by the Arvin-Edison Water
Storage District) has been acquired in fee by the City for expansion of the Bakersfield Municipal
Sewer Farm System at Treatment Plant No. 2. The portion of Cottonwood Road lying adjacent to
the territory will continue to be maintained by the County.
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? No
upgrading or change in facilities will be required in the territory for annexation.
Indicate and explain proposed pre-zoning in affected territory. The proposed annexation area is
zoned County A (Agriculture) zone.
Indicate and explain proposed pre-zoning 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 A (Agriculture) zone having no adverse effect on the present of proposed use of the
territory_.
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 territory will be City owned land within the corporate boundary upon annexation (see
Item liB.
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 equals 1.103741% of assessed
market value). When annexed, the territory will revert to tax-exempt status, being City-
owned land within the Bakersfield Incorporated area. (Rates shown are from 1998-99
County Auditor-Controller Tax Rate List).
Would affected area be subject to any bonded indebtedness of the city/district: If so, explain:
No - upon annexation. the area will revert to tax-exempt status.
B. How will the difference in tax rates affect a property with a market value of $50,000? N/A.
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