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HomeMy WebLinkAboutRES NO 50-94RESOI VTIOS SO. 5 0 - 9 4 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 380, CALLOWAY NO. 6 ANNEXATION (WARD 4). WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on THURSDAY, JULY 15, 1993, on the prezoning for the proposed annexation of certain properties to the City of Bakersfield known as CALLOWAY NO. 6 ANNEXATION, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 40-93 on July 15, 1993, 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 Council adopted No. 3567 on October 6, 1993, prezoning the area known as Calloway No. 6 Annexation. 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 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. ORI(~IN,~L 4. That the reasons for the proposed change of organization are that the owners and residents of the affected territory desire to receive municipal se~ices 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. 3567, which was adopted October 6, 1993, 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 June 22, 1993. 6. That the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in the California Environmental Quality Act and City of Bakersfield Resolution No. 107-86 have been duly followed and the Negative Declaration for this proposed annexation is hereby approved and adopted. 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 Judy Skousen Acting 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 ......... ORIGINAL 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 APR 2 0 ~ , by the following vote: AYES: COUNCaU~IEMGERS MoDERMOT'[, F.D¥~ARDS, ~O, SMITH, BRUNNI, ROWt. ES, SALVAGGIO NOES: COUNCILMEMBERS AB~TA!N; COUNCILMEMBER~ ABSENT; OOUN~ILMEMBER~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 0 f MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield By..~~~(~RI NO~' ASSISTANT CITY ATTORNEY MO/pjt Attachments: Exhibit A Exhibit B Exhibit C MO:pjt re\rc6.roa May 3, 1994 3 ORIGINAL EXHIBIT "A" ANNEXATION NO. 380 CALLOWAY NO. 6 A parcel of land being a portion of the.Southeast 1/4 of Section 30 and the Northeast 1/4 of Section 31, Township 29 South, Range 27 East, M.D.M., County of Kern, State of California, more particularly described as follows: Commencing at a point on the North line of said Section 31, distant North 89'06'37" West, 600.37 feet from the northeast corner of said section; THENCE South 00'43'24" West, 603.38 feet to a point on the west line of Lot 1 of "Sales Map of Lands of Kern County Land Company", per Map filed April 20, 1891 in the office of the Kern County Recorder, said point also being on the existing corporate boundary of the City of Bakersfield and is the true point of beginning; THENCE departing from said corporate boundary, on and along the westerly right of way line of the adopted SPECIFIC PLAN LINE for the realignment of Calloway Drive and Brimhall Road for the first eight (8) courses: THENCE (1) North 50'44'20" East, 57.04 feet; THENCE (2) North 49'52'38" East, 59.19 feet to the beginning of a non-tangent, 1441.53 foot radius curve, concave northwesterly, having a radial bearing of North 40'08'59" West from said beginning of curve; THENCE (3) Northeasterly along said curve through a central angle of 10'28'32" an arc distance of 263.56 feet to the beginning of a non-tangent, 1440.00 foot radius curve, concave northwesterly, having a radial bearing of North 49'43'54" West from said beginning of curve; THENCE (4) Northeasterly along said curve through a central angle of 09'43'50" an arc distance of 244.56 feet; THENCE (5) North 24'16'02" West, 49.03 feet to the beginning of a non-tangent, 1430.00 foot radius curve, concave southwesterly, having a radial bearing of South 10'55'40" West from said beginning of curve; THENCE (6) Northwesterly along said curve through a central angle of 05'33'45" an arc distance of 138.83 feet; THENCE (7) North 81'46'33" West, 112.51 feet; THENCE (8) North 88'14'34" West, 140.08 feet to a point on the west line of said Lot 1 of "Sales Map of Lands of Kern County Land Company", said point also being on the existing City of Bakersfield corporate boundary line; ?HENCE (9) North 00'43'24" East, along said lot line and northerly prolongation thereof (also being said corporate boundary line) a distance of 87.88 feet to a point on the north line of the south 30.00 feet of said Section 30, also being on the north right of way line of Brimhall Road (Co. Rd. No. 589); THENCE (10) Departing from said corporate boundary, South 89'06'37" East, along said road right of way line, a distance of 620.44 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (11) Southerly, Westerly and Northerly on and along said existing corporate boundary line to the point of beginning. Containing 16.14 Acres (more or less) wrn:O:429894 1415 O~tG;.~AL ~ ~0 29 o BRiMHALL RO&D I RIVER KERN FREEWAY ANNEXATION NO, ~BO RESOLUTION NO. ANNEXATION OF CALLOWAY No. 6 TO THE CITY OF BAKERSFIELD 16. 14 ± ACRES SCALE: 465- -o 400 Boo ~2bo ~'-~ EXISTINS CORPORATE BOUNDARY ~ PROPOSED ANNEXATION SO~NDARY EXHIBIT "B" BRIMHALL ROAD ANNEXATION NO. 380 (CALLOWAY NO. 6) PLAN FOR PROVIDING SERVICES SERVICES A~encv Which Presently Provides Check Services Which City/District Indicate How Services Provided By Service Will Provide City/District will be Financed Ii.e_ eeneral tax rate or soecial Upon Future Date assessment.) Annexation (specify) Planning COUNTY CITY GENERAL TAX REVENUES Parks and Recreation NORTH BAKERSFIELD GENERAL TAX REVENUES RECREATION AND PARK DISTRICY Library COUNTY N/A Police Protection SHERIFF & HIGItWAY CITY GENERAL TAX REVENUES PATROL Fire Protection COUNTY COUNTY GENERAL TAX REVENUES FIRE FUND Street COUNTY CITY GENERAL AND GAS TAX REVENUES Construction COUNTY CITY GENERAL AND GAS TAX REVENUES AND PRIVATE DEVELOPMENT Maintenance COUNTY CITY GENERAL AND GAS TAX REVENUES Sweeping NONE CITY GENERAL AND GAS TAX REVENUES Lighting N/A CITY GENERAL TAX REVENUES Flood Control COUNTY CITY GENERAL TAX REVENUES Sewerage CITY CITY USER FEE/SPECIAL ASSESSMENT Water CITY-ASHE WATER DIVISION CITY USER FEE Other (REFUSE) FRANCItISE COLLECTOR CITY USER FEE O:A370 EXHIBIT "C" 1. Please provide thc lbllowing information, when applicable, only for service which will Location. Service Level Capacity Indicate location from which service Indicate frequency and availability will be provided (i.e. nearest fire of service (i.e., street sweeping, stalion, library, etc.) response time for emergency services, rec. programs, etc. be provided by the applicant city. POLICE-all police services in the City of Bakersfield are administered through the City Police Department located at the s/w corner of Truxtun Avenue and Eye Street approximately 5 miles east of the annexation. FIRE-Fire protection service will be provided by County Station No. 65 located on the nroth side of Rosedale llwy., 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 proectection and the fire fund collected from the City's taxpayers must be transferred to the City. PARKS AND RECREATION-A new park site is proposed in the area south of Mondavi Way approximately 1/4 mile southeast of the territory. Developer shall provide park acreage or pay in-lieu fees in accordance with adopted standards of the North Bakersfield Recreation and Park District. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west Fwy. 99 wilt provide necessary facilities, personnel and services to accommodate Public. Works efforts. CONSTRUCTION/MAINTENANCEdSWEEPING/LIGHTING-Maintenance and personnel will be dispatched from the City Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping and lighting. SEWER-Service to the territory is available from the existing City Brimhall Raod trunk sewer which is directed to City Wastewater Treatment Plant No. 3. WATER-This area will continue to be served by the City of Bakersfield domestic water systcm-Ashc Water Division. OTHER-(Refuse)-Present refuse collection is provided by a franchise refuse collector. When annexed, service will be provided by the City either by City forces or by contracts with the same collector if at all possible. 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. District Parks are open to the public at reasonable hours. N/A There will bc 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. Ill. IV. 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 needed services. When proposed development and build-out of the area occurs, additional police officers most likely would be required to maintain the current level of city service. Proposed street improvements will increase the future maintenance responsibility of the the City but will not affect the existing level of service. These increases in services are not deemed significant. Would city/district require any upgrading or change infacilities to serve affected territory (roads, fire hydrants, mains, etc.): If so, would city/district o~r residents be responsible for financing? No upgrading or change in facilities will be required int he territory for annexation. As developmetn occurs. developers shall provide and pay for major improvements and facilities and dedicate them to the City. Indicate and explain existing zoning in affected territory. The entire area is Zoned A-1 (Limited Agriculture) zone in the County. 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.) City Rol (one family dwelling) zone for the area west of the proposed Calloway Drive realignment; City R-S (Residential Suburban) zone for the southerly 7.52 acres: City C-2 (Regional Commercial) zone for the Southwest corner (0.56 Acres) of Brimhall Road and Calloway Drive; City C-1 (Neighborhood Commercial) zone for the remaining central poriton (4.32 Acres). The existing horse boarding facility, single family units and communication tower will acknowledged by the prezoning. VII. VIII A. 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 matter than present County Sheriff services. The present City refilse collection rate is 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. The City's Brimhall Raod Trunk Sewer system has capacity to serve the area when proposed residential and commercial development occurs. City government also provides increased political represnetation for residents wtihin the corporate limits. 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 1.185452% of assessed market value. This represents the total property tax rate. When annexed a designated percentage of the total property tax of the area will accrue to the City and remainder to the County for providing health care and social services. (Rate as shown on 1993-94 County Auditor~ Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. No-previous years (1992-93) listed city bounded indebtedness has been paid off and the current (1993-94) tax rate list shows no city bonded indebtedness. How will the difference in tax rates affect a property with a market value of $50,000.00? The property rate will not increase due to annexation and re-assessment will not occur due to annexation. A:A380 RTY:wrn