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HomeMy WebLinkAboutRES NO 39-92RESOLUTION NO.~ · 8 9 - 9 2 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 368, PANAMA NO. 11 ANNEXATION (WARD 7). 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, DECEMBER 5, 1991, on the proposed annexation of certain properties to the City of Bakersfield known as PANAMA NO. 11 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. 83-91 on December 11, 1991, the Planning Commission recommended approval of 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. 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. ORIO)NAL 4. That the reasons for the proposed change of organization are that the owners and residents of the affected territoE/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 zoning upon annexation therefor, Ordinance No. 3450 , which was adopted March 11, 1992, 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 14, 1991. 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 J. Dale Hawley City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Lawrence M. Lunardini 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 ......... 2 ORI(3iNAL 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 14Ag 1 1 1992 , by the following vote: ~d~ {~01JNCILMEMBER~: EgWARD$,.'~, SMITH, BRUNNI, I~. McOERMOTT, SALVAGGIO NOES; COUNCILMEMBERS: ~$ENT COUNCILMEMbERS: AE',$TAIN: COUNCILMEMBERS' CITY affd Ex Officio Clerk of the CLERK Council of the City of Bakersfield APPROVED_ MAR 1 1 1992 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI'c/ ~' CITY ATFORNEY of the City of Bakersfield MO/pjt Attachments: Exhibit A Exhibit B Exhibit C p:roa.pll 3 ORIGINAL EXHIBIT "A" PANAMA NO. 11 ANNEXATION NO. 368 A Parcel of land consisting of portions of Sections 19, 20, 29 and 30 in Township 30 South, Range 28 East, M.D.M., County of Kern, State of California, more particularly described as follows: Beginning at the point of intersection of the north line of the south 30 feet of said Section 19, and the west right of way line of South Union Avenue (Co. Rd. No. 97 & 2380), said point being on the existing corporate boundary of the City of Bakersfield; THENCE (1) South 89°31'01" east, along said north line, 57.75 feet to a point on the west line of said Section 20 (So. Union Avenue center line); THENCE (2) South 89°31'28" east along the north right of way line of Panama Lane (Co. Rd. No. 266) and westerly prolongation thereof, 1978.57 feet (+/-) to the northerly prolongation of the east line of west 1/2 of the northeast 1/4 of the northwest 1/4 of said Section 29; THENCE (3) South 00°32'26" west, along said east line and prolongation thereof, 1351.79 feet (+/-) to a point on the north right of way line of the Arvin-Edison Intake Canal; THENCE (4) North 89°31'45" west, along said north right of way line, 1703.84 feet (+/-) to a point on the east line of the west 275.55 feet of the northwest 1/4 of said Section 29; THENCE (5) North 00°35'18" east, along said east line, 900 feet to a point on the north line of the south 900 feet of the northwest 1/4 of the northwest 1/4 of said Section 29; THENCE (6) North 89°32'02" west, along said north line and westerly prolongation thereof, 333.30 feet to a point on the west right of way line of South Union Avenue (Co. Rd. No. 97); THENCE (7) South 00°35'18" west, along said west right of way line, 2221.93 feet to a point on the center line of Berkshire Road (Co. Rd. No. 354); THENCE (8) South 00°35'05" west, along a prolongation of said west right of way line, 30.00 feet to the south right of way line of Berkshire Road (Co. Rd. No. 354); THENCE (9) North 89~30'34" west, along said south right of way line, 602.25 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (10) Northerly and along the various courses of said existing corporate boundary to the POINT OF BEGINNING. CONTAINING 131.07 ACRES (MORE OR LESS) ORIOINAL 2O J (B) ;i CANAL II ANNEXATION NO. ~11 RESOLUTION NO. ANNEXATION OF PANAMA No. 1 1 ~e~'x~o,~_ TO THE CITY OF BAKERSFIELD ~ I_:~1, O'7_~_ ACRES ~- SCALE: ~ORI31NAL 400 0 400 800 1200 ~ EXISTING COR~RATE BOUNDA~ m PR~O~D ANNEXATION BOUNDARY EXHIBIT "B" PLAN FOR PROVIDING SERVICES ANNEXATION NO. 368 (PANAMA NO. 11) SERVICES Agency Which Check Services Which Indicate How Services Presently Provides City/District Will Provided By Service Provide City/District will be Financed (i.e., Upon Future Date general tax rate or Annexation (specify) special assessment.) Planning COUNTY x GENERAL TAX REVENUES Parks and COUNTY x GENERAL TAX REVENUES Recreation Library COUNTY N/A Police SHERIFF & HIGHWAY x GENERAL TAX REVENUES Protection PATROL Fire Protection CITY/COUNTY JOINT NO CHANGE GENERAL TAX REVENUES AGREEMENT Street COUNTY x GENERAL AND GAS TAX REVENUES Construction PRIVATE DEVELOPMENT PRIVATE DEVELOPMENT Maintenance COUNTY x GENERAL AND GAS TAX REVENUES Sweeping NONE x GENERAL AND GAS TAX REVENUES Lighting COUNTY x GENERAL TAX REVENUES Flood Control COUNTY x GENERAL TAX REVENUES Sewerage N/A x USER FEE/SPECIAL ASSESSMENT Water CALIFORNIA WATER USER FEE SERVICE CO. AND GREENFIELD COUNTY WATER COMPANY Other (REFUSE) FRANCHISE COLLECTOR x USER FEE ~ ~ :a368a EXHIBIT "C ~cg~,~s~' _~_ Please provide the following be provided by the applicant city. Location Indicate location from which service will be provided (i.e. nearest fire station, library, etc.) information, when applicable, only for service which will Service Level Capacity Indicate frequency and availabiltiy of service (i.e., street sweeping, response time for emergency services, rec. programs, etc. 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 6 miles north of the annexation. FIRE-Station 52 (County) is 1 1/2 miles South of the territory at South Union Avenue and Barton Street. PARKS AND RECREATION-Greenfield Park on Monitor Street north of Fairview Road is within a mile of the annexation area. LIBRARY-N/A STREETS-The City Corporation yard on Truxtun Avenue west Fwd. 99 will provide 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/maintenance, sweeping and lighting. SEWER-An existing City trunk sewer line in Panama Lane West of Monitor is available for service to the majority of the annexation area and is treated by City Treatment Plant No. 3. WATER-This area will be served by the Greenfield County Water Company south of the Arvin-Edison Canal and by the California Water Service Co. north of the Canal. 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. All City parks are open to the public at reasonablehours. 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. -2- Ill. IV. Vl. 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 territorv will not affect the near term level or capability of the City to provide needed services. UDOn time of development of this territorv, additional Dolice officers mav or may not be required to maintain the current level of city service. Street improvements resultinQ from development will increase the future maintenance responsibility of the Citv but will not affect the existinQ level of service. Further analysis of service capabilities will be conducted at the time of future development DrODosals. 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? As development occurs, the developer provides and DaVS for ma~or facilities and dedicates them to the City. No uDqradinQ or change in facilities and dedicates them to the City. No uDQradinQ or chanQe in facilities will be required in the territor~ for annexation. The Arvin-Edison Canal is a concrete lined open channel and will be at a minimum separated by a fence from any development by ordinance when development occurs. Indicate and explain existing zoning in affected territory. A majority of the subject property is Zoned A (Exclusive Agriculture) in the Countv. 15 acres at the Southwest corner of South Union Avenue and Panama Lane are zoned Countv C-2PD (General Commercial-Precise Development CombininG) zone and 1.95 acres at the Southeast corner of this intersection are zoned county R- 3D (HiQh Density Residential-Architectural DesiQn CombininQ) zone. 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.) The DroDosed Drezonin~ is to Citv R-1 (One Family DwellinQ) zone, E (Estate) zone, R-s (Limited MultiDle FamilyDwelling) zone, C-2 (Commercial) zone and A-20 A (A~riculture-20 acre minimum) zone. See attached zoning uDon annexation mad on page 5. The major effect of Drezonin~ is alteration of present aQricultural land use for future residential uses. 3 ORIGINAL 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 and State HiGhway patrol services. The present City refuse collection rate is substantially lower than fees countv residents now DaY to independent companies. No special assessment or charges for street sweepinG, leaf collection, school crossing Guards, street liGhtinG enercu~ costs and fire hydrants. 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 eGuals 1.171828% 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 1991-92 County Auditor-Controller Tax Rate List). Would affected area be subject to any bonded indebtedness of the city/district: If so, explain. Yes, when annexed, the rate will be increased bv 0.002502% of assessed market value which equals the City bond rate. How will the difference in tax rates affect a house with a market value of $50,000.00? If the house is used as the principal residence, the $7,000 homeowners exemption leaves $43,000 for taxing purposes. The City Bond rate of 0.003502% amounts to a difference of $1.08 more per vear on a house of this value. a:A3~a 4 ORIGt~/A~ ZONING UPON ANNEXATION 5253 PANAMA NO. 11 R-1 R-1 A-1 A--1 -5- T~OS, R28E A A-1 29 ORIGINAL