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Home My WebLink AboutRES NO 36-80RESOLUTION NO. 36-80 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROVIDING FOR THE ADJUSTMENT OF PROPERTY TAX REVENUES. UPON LOCAL AGENCY JURISDICTIONAL CHANGE RESULTING FROM ANNEXATION NO. 280, LAFCO PROCEEDING NO. 708 (FAIRVIEW NO. 1). WHEREAS, Section 99 of the Revenue and Taxation Code (enacted by Chapter 282, amended by Chapter 1161, Statutes of 1979) provides that prior to the effective date of any local agency jurisdictional change, other than a city incorporation or formation of a new district as defined in Section 2215 of the Revenue and Taxation Code, the governing bodies of all agencies whose service areas or service responsibilities would be altered by such change shall determine the amount of property tax revenues to be exchanged between and among such affected agencies; and WHEREAS, Section 99(b) of the Revenue and Taxation Code provides that no such jurisdictional change may become effective until each county and city included in such negotiation agrees, by resolution, to accept the negotiated exchange of property tax revenues; and WHEREAS, Section 99(b) of the Revenue and Taxation Code further provides that in the event that such a jurisdictional change affects the service area or service responsibility of one or more special districts, the Board of Supervisors of the county in which such district or districts are located shall, on behalf of the district or districts, negotiate'any exchange of property tax revenues; and WHEREAS, the Kern County Local Agency Formation Commission has requested'that the Kern County Board of Supervisors and the City Council of the City of Bakersfield determine property tax revenues which should be exchanged between and among the local agencies involved in the pending jurisdictional change identified as: CITY OF B/~KERSFIELD Annexation No. 280,. LAF.CO Proceeding No. 708 (Fairview No. 1 ) and WHEREAS, the County Administrative Officer, on behalf of the Board of Supervisors, and the City Manager, on behalf of the City Council of the City of Bakersfield, have met and examined the LAFCO Report and Recommendation regarding the aforesaid jur- isdictional change, which Report and Recommendation re Proceeding No. 708 is'made a part of this resolution, and have found and reported to their respectivegoverning bodies as follows: The territory to be annexed consists of developed property wherein service responsibilities of the · below-named local agencies will be transferred to the City of Bakersfield, as follows: County of Kern ........ 'Partial Kern County Structural Fire Protection Tax Area ....... All County Service Area No. 12.3 . . . All and, accordingly, that property tax revenues which may accrue for fiscal year 1980-81 and thereafter within the tax rate areas involved should be transferred to the City of Bakersfield in accord- ance with the computations summarized below, and more fully described in "Definitions Applicable to Transfers of Property Tax Revenues," which is attached to and made part of this resolution: From County of Kern: 1979-80 "Base Amount" and "Annual Tax Increment Factor," multiplied by 1979-80 "Service Cost Ratio"; From Kern County StructUral~ Fire' 'ProteCtiOn Tax ~rea: Total 1979-80 "BaSe Amount" and "Annual Tax Increment Factor"; From County Servic'e Area.No.' 1'2'.3: No property tax r.evenues inasmuchas that agency is not now entitled. to any from within the tax rate areas involved; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfiel'd as follows: 1. That the Board of Supervisors of the County of Kern, having previously adopted a concurring resolution, a determination is hereby made that the territory to be annexed consists of developed property wherein service responsibilities of the below-named local agencies will be transferred to the City of Bakersfield as follows: County of Kern ........ Partial I.. Kern County Structural Fire Protection Tax Area ........ All County Service Area No. 12.3 . . . All and, accordingly, that property tax revenues which may accrue for fiscal year 1980-81 and thereafter within the tax rate areas involved should be transferred to the City of Bakersfield in accordance with the computations summarized as follows: From County of Kern: 1979-80 "Base Amount" and "Annual Tax Increment Factor," multiplied by 1979-80 "Service Cost Ratio"; From Kern County Structural Fire Protection Tax Area: Total 1979-80 "Base Amount" and "Annual Tax Increment Factor"; From County Service Area No. 12.3: No property tax revenues inasmuch as that agency is not now entitled to any from within the tax rate areas involved; 2. The Clerk of the City of Bakersfield is directed to inform the Board of Supervisors.of the County of Kern, the managers 'of The s~e areas named herein, the Kern County Local Agency Formation Commission, and the Kern County Auditor~Controller of the aforesaid determination by. transmittal to them of certified copies of this resolution. o0o I HEREBY CERTIFY that the foregoing Resolutionswas passed and adopted· by the Council of the City of Bakersfield at a regular meeting thereof held on the 4theday of June, 1~98.0, by the following vote: AYES: COUNCILMEN B~ CHRISTENSEN, MEANS, MILLER, PAYNE, ~ STRONG , NOES: COUNC!LM__EN ABSENT: COUNCILM~-N: ABSTAINING: COUNCILMEN: kersfieldF CI Y of TORNEY the · ADIVilNISTRATION AND COURTS BUILD: · '~ 1415 Truxtun Avenue Telephone (805) 861-2371 , · ADMINISTRATIVE OFFICE Bakersfield, California-93301 May 8, 1980 COUNTY ADMINISTRATIVE OFFICER R. S. Holden A,~S|STANT CO, ADMINISTRATIVE OFFICER Selden,S.. Hoos J~dward E. Rous · DEFINITIONS APPLICABLE TO TRANSFERS OF PROPERTY TAX REVENUES The following definitions are applicable to determining amounts of property tax ........ reVenUes to be transferred between local agencies because of jurisdictional changes, as provided for by Section 99 of the Revenue & Taxation Code: 1. Base Amount. The "base amount" is defined as the total property tax revenues allocated to a local agency for the prior fiscal year in accordance with Section.96 or Section 97 of the Revenue & Taxation Code. For purposes of determining transfers of property tax entitlements, the "prior fiscal year" is the fiscal year commencing before the pertinent jurisdictional change is approved. The current statutes do not apportion base amounts to individual tax rate areas (TRAs) except for fiscal year 1978-79; but such will be done for determining transfers of property tax entitlements by prorating a local agency's total'base amount to the- TRAs comprising its territory in the percentages that the taxable assessed valuation in each TR~ bears to the·agency's total taxable assessed valuation. · nt" 2. AnnualTax Increment. The ".annual tax ncreme is the amount of 1 property tax revenues attributable to each year's increase (or decrease) in the taxable assessed valuation within a particular TRA, as allocated to the taxing entities within the TRAin accordance with Section 98 of the Revenue & Taxation Code. May 8, 1980 3.. AnBu~l Tax Increment Factor. The taxing entities (inclUding ~schools) within a TRA share each annual ~ax increment ~ proportion to their respective '~nnual tax increment-factors", i.e., th~ percentage of 'the total annual tax increment apportioned to each entity for the prior fiscal year. Currently, in Kern County, the annual tax increment factor for each taxing entity in each TRA is the percentage such entity received of the total property tax revenues apportioned to such TRA for fiscal year 1979-80. That percentage will not change except through transfers incident to jurisdictional changes, as provided' for by Section 99, Revenue & Taxation Code. 4. Service Cost Ratio. The "service cost ratio" is the percentage of "base amount" and/or "annual tax increment factor" which should be transferred from one local agency to another when only part of the service responsibilities of the transferriDg agency are to be assumed by the annexing agency. (a) In the case of a partial transfer of service responsibilities from the general County government to a city, the "service cost ratio" will be computed by dividing the amount of property tax revenue received by the city in the prior fiscal year by the sum of the amount of property tax revenues received by the County General Fund from the city's territory in the prior fiscal year plus the amount of property tax revenue received by the city in the prior fiscal year.. (b) In the case of a partial transfer of service responsibilities from a special district to another local agency, the "service cost ratio" will be Computed by dividing the "property tax cost" to the transferring district of the service(s) to be transferred by the total !'property tax cost" of all services provided.by the transferring district. For purposes of this definition, "property tax cost" means the difference between the total cost of a service and the financial sources other than property tax which are attributable to such service. -2- ' May 8, 1980 5. ' DeVeloped Property. '~eveloped property" is defined as'real property having taxable improvements and/or personal property the total taxable assessed valuation of which is equal to or greater than the taxable assessed valuation of the land. (If more than one TRA is involved in an annexation, and if one consists of "developed property" but another consists of '~undeveloped property", the determination based on the total taxable assessed valuations of each class of property within the whole area to be annexed will be applied to each of the portions to be annexed from all of the TRAs involved, irrespective of whether individual portions are developed or undeveloped.) 6. .Undeveloped Property. "Undeveloped property" is defined as real property on which taxable improvements and/or personal property are either nonexistent or have total taxable assessed valuation less than that of the land. In the Matter of CITY OF BAKERSFIELD: Annexation NO. 280 (Fairview No..~ ) BFFORL'~ LOCAL AGENCY FORMATIOA~.'0MMISSION In the above-entitled matter the staff report and the recommendation of the executive officer are respectfully submitted as follows: APPLICANT: City of Bakersfield. PURPOSE: & The reasons for the proposed Change of organizationSare that some .... Of'the owners of the'affected territory.desire ~o 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 pro- posed to be annexed. The City of-Bakersfield requested the Commission waive the one year waiting period for the resubmission of a portion of a territory of which a majority protest has been filed (RRF 35238 MORGA). The Commission granted request to waive the one year waiting period pursuant to Minute Item Number 8/28/79-4, 100%LAND0~TER CONSENT: 'No. NOTICE AND HEARING REQUIRED: Yes. OWNERSHIP OF TERRITORY: Thirty-dix assessment parcels. CEOGRAPHY: 477.8 acres contiguous to the existing corporate boundary of the City of Bakersfield. Subject territory is bounded on the north, westerly portion, by White Lane, the north, easterly portion, by Pacheco Road, on the west by Hughes Lane (north-westerly portion), and South "H"Street. The most southerly boundary is the Arvin-Edison Intake Canal. The most easterly boundary is the southerly extension of Monitor Street and is situated approximately 2800 feet easterly of South "H" Street. The north-westerly portion is bounded on the south by Pacheco Road. TOPOGRAPHY: Substantially level. #20 (l ev. loV7/4-) Proceeding No o 708 · Page 2 I. . DRAINAGE BAS.IN: Buena Vista Lake.~ SUPERVISORIAL DISTRICT: I .Two and· Four. POPULATION AND DENSITY: Uninhabited"." .... ACCESS: North-south: ~--South-"H" Street and Hughes Lane. East-west: Pacheco Road and Fairview Road. '.PROXIMITY 'TO-POPULATED AREAS :.- . ' Subject territoTy is conti~uous to the CoTporate boundaTy of the -~l~y--of Bakersfield. It is ·also within the Sphere-ofInfluence of·the. City. , ~SESSED VALUATION: Secured: $-0- ,BOUNDARIES: $1,624,602 Unsecured: (1) Definite and certain; (2) do correspond with lines of o~mer- ship; (3) do not corres ond with tax area code lines. There is no detriment indicated by ~3)- There are. no natural boundaries. LOCAL AGENCY OVERLAY: Greenfield Union School District Bakersfield Separation of Grade District Kern JointsUnion High School Dist. Kern County Water Agency Kern Community College District Kern Delta Water District County SerTlce Area 12.3 Kern Air Pollution Control District Kern Mosquito Abatement District Kern Citrus Pest Control District Golden Empire Transit District AUTHORITY OVERLAP: The City of Bakersfield=possesses the autherity to perform some of the functions of the following districts which overlay theeterritory to be m~mexed. CoLunty Service Area 12.3, Kern Mosquito Abatement District, Golden Empire Transit District, Bakersfield Separation of Grade DiStrict, Kern County Water Agency, Kern Delta Water Storage'.Di~rict,.'KernAir Pollution Control District, and Kern Citrus Pest Control District. FUNCTION OVERLAP: County ~ervice Area No. 12.3 will cease to function as to the annexed area. The functions of the Kern Mosquito Abatement District, the Golden Empire Transit District, BakersfieldSeparation of Grade District,;.Kern Air Pollution Control District, and Kern Citrus Pest'Control District all"encompass specialized functions, covering an area larger but including the City of Bakersfield or substantial portions thereof. There is no overlap of function in these districts. The Ke~m Delta Water Storage District serves agricultural users in the area and no f~ctional overlap exists. The Kern County Water Agency acts as a wholesale contracting .Proceeding No. 708." -Page 3 ~RT AND REC0PLMENDATION !=mber 22, 1979 agency, and does not engage in the retail distribution of water. The City of Bakersfield also acts as a wholesaler of water arising distrib- ution of water. The City of Bakersfield'ai~o acts as a wholesaler of -distribution of water. The overlap bstween the Agency and the City of -~Bakersfield appears to..be compatibl~'~ ISLANDS OR CORRIDORS: -~Two islands are formed with subject proposal: One, consisting of terttory bounded on the north by Fairview ROad, on the south by Panama Lane,____a~__~__!ying just east of South "H" Street, and two, consisting of .... territory bounded on the north by Pache6o Road, on the south by Faith Avenue, and lying just west of South "H" RGA~specific provision of the Mu~icipal,Organization Act of 1977 .... (MO ~ GoC, Section 3D~DO(e), a local'agency formation commission may waive the statutary restrictions agsinst'~creation of an island of unincorporsted territory (G~C. Section 35010) resulting from an annexa- tion to a city which completely surrounds such island. GoC. Section 35150(e) specifically provides that s commission may waive the restric- -'tions if it finds that the application of the restrictions would be detrimental to the orderly development of the community and that the area that would be enclosed as a result of incorporation of annexation is so located that it cannot reasonably be annexed to another city or incorporated as a new city. .LAND USE :ir~:..- . SUBJECT TERRITORY: PRESENT: Commercial, industrial, agricultural, and residential. ADJAC~F~ TERRITORY: PRESEE~: ;~'~ School, residential, vacant unimproved~-Kern Island Canal and agricultural. SUBJECT TERRITORY: FUTURE: # Present permitted uses should remain'relatively static with some future development. ADJACEh~ TERRITORY: FUTURE: Present uses should remain relatively static. PUBLIC UTILITY SERVICES (non-governmental): ~Lr. i" ~Electric power, gas and telephone service are available to subject . ~oProceeding No. 708 Pa~e ~ COVERNME~AI.j SERVICES. AND CONTROLS EXISTENCE OF: FUTURE NEEDS: -. Essential governmental service~"and controls now provided, or which may be provided in the future, by local goverrnnental agencies within subject territory .include the following: After proposed'~' action future need Type Now provided by prov~_.ded by Law enforcement Fire protection Plan~tng mid zoning .. Building inspection Health Street maintenance Schools Citrus pest control School crossing g~mrds Air pollution control Mosquito abatement County of Kern County County Comity County Comnty School Districts Ken~ Citrus Pest Control District C.S.Ao No. 12.3 Kern Air Pollution Control District Kern Mosquito Abate- ment District City of Bakersfield City City CJ,ty Same City Same Ssme City Same COST: TAXATION: Ad valorem taxes are limited to one percent of fair market value. ADEQUACY: With the exception of municipal services which can be provided by the City of Bakersfield upon annexation, governmental services and controls now existing in the area are adequate. NF~ED FOR ORGANIZED COMMUNITY SERVICES: Property ovmers havs expressed a need for the following municipal- ~type semiices which may be provided by the City'of Bakersfield upon annexation: Fire protection, urban-type patrol and police protection, refuse and trash collection, street lights, street sweeping and city sewer service. EFFECT'OF PROPOSED ACTION MUTUAL SOCIAL AND ECONOMIC INTERESTS: ~.' .... Proposed action will integrate subject ~erritorywith the City of Bakersfield so that the proposed territory will become an integral part of the social and economic interests of the city as a whole. ProCeeding No. 708 Page 5 -' AND RECO~EATION ~mber 22, -1979 IDCAL GOVERNMENTAL STRUCTURE Proposed action will include subject t~.~ritor-y within the corporate ~.l.imi.ts of the City of Bakersfield and will remove the area from the l'~nincOrporated territory of the County of Kern and from County Service Area No. 12.3. With these exceptions, the proposed action will have no :effect on the County of Kern or any other local agency within the county. EFFECT ON ADJACENT AREASz None. ALTERNATE COURSES OF ACTION: None. CONFORMITY WITH CITY OR COUNTY PLANS: Subject action does not conflict with any general or specific plan of the County of Kern or the City of Bakersfield. CONDITIONS REQUESTED BY APPLICANTz None. ENVIROKMENTAL IMPACT STATE4ENT: Pursuant to the California Environmental Quality Act of 1970 (CEGA) as amended, State Guidelines, and the Local Agency Formation Commission, County of Kern, Regulations and Procedures forthe Implementation of the California EnvironmentalQuality Act of t970, an Initial Study has been completed for this project. .-.- The Initial Study together with LAFCO Exhibit Nos. 30 "A" and ~0 "B" are attached to this Report and Recommendation and by reference made a part hereof. ° RECOMMENDATIONS: 1. The commission file a negative declaration in this matter. Z. The commission approve the proposed Annexation No. 708 (Fairview No. 1), to the City of Bakersfield. Dated: November 22, 1979 · Respentfully submitted, Executive Officer//