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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 res\r401 -cc 3 LANE' I~RVIN EDI$OJV _ PMW - 105 4 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. S:\RON51998XAnnex401 Exhibit C-3 wpd 3 RTY:sll