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HomeMy WebLinkAboutRES NO 88-91RESOLUTION NO. 8 8 - 9 1 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 354, ASHE NO. 2 ANNEXATION LOCATED SOUTH OF PANAMA LANE, EAST OF GOSFORD ROAD (WARD 6). 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 Planning Commission of the City of Bakers- field, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on THURSDAY, APRIL 4, 1991, on the proposed annexation of certain properties to the City of Bakersfield known as ASHE NO. 2 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 ~.~, a local newspaper of general circulation; and WHEREAS, by Resolution No. 27-91 on April 4, 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 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", attached hereto and made a part of this resolu- tion as though fully set forth herein. 2. That a map of the territory proposed to be so annexed, marked Exhibit "B", is attached hereto and made a part of this Resolution as though fully set forth herein. 3. 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. 4. 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. 5. That the reasons for the proposed change of organi- zation are that the owners of a portion of the affected territory 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 a portion of the territory proposed to be annexed, and that the City of Bakersfield, as owner of the bal- ance of the affected territory, desires to have such City-owned property converted to tax exempt status. 6. That for this proposed annexation and the zoning upon annexation, therefor, Ordinance No. 3361, which was adopted May 8, 1991, 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 March 14, 1991. 7. That the laws and regulations relating to the prepa- ration 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. 8. 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. 9. 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 - 2 - 10. 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. .......... o0o ......... 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 MAY 2 ~jg~ ...................... , by the following vote: AYES; COUNCILMEMBERS: EDWARI~ DeMOND, SMITH, BRUNNI. ?~'Tr'~30N, McDERMO'FI', SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' Council of the City of Bakersfield APPROVED .... _~_A_Y_ ~__2__ I_9_9_~ ................... CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City o~ Bakersfield LML/meg Attachments Exhibit "A" Exhibit "B" Exhibit "C" A ANEX 5 AP.ASHE2-1 5/14/91 - 3 - (8)i 7) ANNEXATION NO, ~ RESOLUTION NO, ANNEXATION OF ASHE No, 2 SiCALE: EXHIBIT "B" PANAMA :4) (3) 22 T305 R 27 34 27 (8 (I] RO.B. 35 EXHIBIT "A" ASHE NO. 2 ANNEXATION NO. 354 A parcel of land being ~rtions of Sections 26, 27, 28 and 29 of Township South, Range 27 East, M.D. q., Kern County, California, more particularly described as follows: Beginning at the point of intersection of the South line of said Section 26 and the East line of the West 30 feet of said Section, also being a point on the East right of way line of Stine Road (County Road No. 157), also being a point on the existing corporate boundary of the City of Bakersfield; T}{ENCE (1) West along said South section line, 30 feet to the Southeast corner of said Section 27; THENCE (2) West, along tlne South line of said Section 27, a distance of 5298.53 feet to the Southwest corner thereof; THENCE (3) West along, the South line of said Section 28, a distance of 30 feet to a point on the West line of the East 30 feet of said Section 28; THENCE (4) North along said West line, also being the West right of way line of Ashe Road (County Road ~. 199), a distance of 2632.25 feet to a point on the East~est mid section line of said Section 28; THENCE !5) West, ~1ong said mid section line, 5254.24 to the West 1/4 corner of said Section 28; THENCE (6) Continuing along the Westerly prolongation of last described mid- section line 30 feet to ~ point on the West line of the East 30 feet of said Section 29, also being a point on the West right of way line of Gosford Road (County Road No. 35); THENCE (7) North along s~id West line, 2600.40 feet (more or less) to a point on the South line of the North 30 feet of said Section 29, also being a point on the South right of way line of Panama Lane (County Road No. 4), also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (8) East, South and East along said corporate boundary to the point of intersection of the South line of the Northeast 1/4 and the West line of the East 30 feet of said Section 27; THENCE (9) Departing said corporate boundary line, South along said West line, also being the West right of way line of County Road No. 157, a distance of 1646.97 feet to a point on the Westerly prolongation of the South line of Parcel 1 per ?arcel Map No. 2665 filed in Book 11 of Parcel ~aps, Page 184 in the Office of the Kern County Recorder; 32:EX.ASHE RTY:lh THENCE (10) South 89© 38' 16" East, along said prolongation line ~nd South line of said Parcel 1, a distance of 1321.65 feet to a point on the existing corporate boundary of the City of Bakersfield; ~ THENCE (11) South and West along said existing corporate ,boundary to the Point of Beginning. Containing 946.29 Acres (more or less) 3 2: EX. ASHEP2 RTY: lh PI,AN FOR PROV[I)ING SIgIIViCES ANNEXATION NO. 35. (ASHE NO. 2) SERVICES Planning Parks and Recreation Library Police Protection Fire Protection Street Construction Maintenance Sweeping Lighting Flood Control Sewerage Water Other (REFUSE) A~enc~; Which Presently Check Services Which Indicate [tow Services Provided Provides Service Cit~;/District Will Provide By City/District will be Financed (i.e., general tax rate or s~ecial Upon Future Date assessment. ) Annexation (speci fy) COUNTY X GENERAL TAX REA;ENUES UPON COUNTY X DEVELOPMENT GENERAL TAX REVENUES COUNTY N/A N/A SHERIFF & HIGHWAY PATROL X GENERAL TAX REVENUES NO CITY/COUNTY-JOINT AGREEMENT CHANGE GENERAL TAX REVENUES COUNTY X GENERAL AND GAS TAX REVENUES NEW STREETS WILL BE CONSTRUCTED nY COUNTY PRIVATE DEVELOPMENT ~D DEEDED TO , COUNTY X GENERAL AND GAS TAX REVEN[IES NONE X GENERAL AND GAS TAX REVENUES UPON ..... X DEVELOPMENT GENERAL TAX REVENUES COUN~I~Z X GENERAL TAX REVENUES UPON USER FEE/INITIAL COST BY ..... X DEVELOPMENT PRIVATE DEVELOPER USER FEE/INITIAL COST BY ..... X PRIVATE DEVELOPER ..... USER FEE CI7~ EXHIBIT "C" 33:ANN. 354 -1- RTY:lh ANNEXATION NO. 354 w ~ ASHE NO. 2 I. Please provide the following information, when applicable, only for services which will be provided by the applicant city. Location Service I~vel Capacity Indicate legation from which service Indicate frequency and availability of will be provided (i.e. nearest fire service (i.e., street sweeping, response station, library, etc.) time for emergency services, rec. programs, etc. Police-All police services in the City of Bakersfield are administered 24 hour patrol is provided in the immediate through the City Police Department located at the s/w corner of Truxtun vicinity of this annexation. First priority Avenue and Eye Street about 7 miles northeasterly of the annexation, response is approximately 7.00 minutes or less Fire-Station 13 (City) is within easy access to the territory located on Fire protection is provided on a 24-hour basis the west side of Stine Road South of the Arvin-Edison Canal. and the annexation will not affect City/County joint service capability or response time. Parks and Recreation-Upon development of residential areas, the adopted All City parks are open to tile public at City Standard provides a minimum of 2.5 acres of park space per 1000 reasonable hours. population or in-lieu fees. Library-N/A N/A Streets-The City Corporation Yard on Truxtun Avenue west of Freeway 99 There will be no reduction in the range will provide necessary facilities, personnel and services to accomedate capacity of the City to provide the necessary Public Works efforts. Maintenance and personnel will be dispatched from public works services to this area. Services the City Yard on a regular basis for preventative maintenance as needed, will be on a regular basis and "as needed". Repair includes streets, constructed/maintenance, sweeping and lighting. Sewer-Sewer service is available from the existing trunk sewer lines in Adequate capacity exists. Gosford Road, McCutchen Road, Ashe Road and Stine Road which connect to City Treatment Plan No. 3. Water-The majority portion of the territory (west of Stine Road) will be Adequate capacity exists. accepted into the service area boundary of the City of Bakersfield Ashe Water Division. The small portion east of Stine Road is in the California Water Service Company area. Other-When annexed and when development occurs, service will be provided City refuse pickup is twice a week. by the City by contract with a franchise collector or by City forces. 33:ANN. 354P2 -2- RTY:lh III. 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 territor~ will not affect, the near term level or capability of the City to provide needed services. U~on time of full buildout of this territory, additional ~olice officers will be reguired to maintain the current level of city service. Street improvements result- lng from develo~nt will increase the future maintenance res~onsibilit~ of the Cit~ but will not affect the existin$ level of service. IV. Would city/district require any upgrading or change in facilities to serve affected territory (roads, fire hydrants, mains, etc.): If so, would city/distruct o_.r residents be responsible for financing? As development occurs, the developer provides and pays for major facilities and dedicates them to the Cit~. No u~radin~ or chanse in faci- lities will be reguired in the territor~ for annexation. Indicate and explain existing zoning in affected territory. Subject property is Zoned A (Exclusive Agriculture) in the Count~, except for the north 660 feet of the ~oortion east of Stine Road (19.54 AC) which is County E-10 (Estate 10 acre min. parcel size, residential suburban) zone. VI. 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 southwest 1/4 of Section 27 is prezoned Cit~ A-20A (A~ri- cultural, 20 acre min. lot size) zone. The north 660 feet of the territory east of Stine Road is prezoned City RS-10A (residential suburban ten acre min. lot size) zone. All of the remaining ~ortion of the territory is prezoned City R-1 (single- family dwelling) zone. The major effect on present land use is the conversion from agricultural to low density residential development. 33:ANN. 354P3 -3- RTY: ih VI I. List city/district services that area will directly or indirectly benefit ~rom 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 ~shway Patrol services. The present City refuse collection rate is substantially lower than fees county residents now pay to independent c~mpanies. No s~ecial assessment or charses for street sweepin$, leaf collection, school crossin~ 9uards, street li$htin$ energ~ costs and fire hydrants u~con development of subject area. VIII. A. Please provide the following information relative to city/district and county taxes: List existing tax rate(s) in area. The existing tax rates in the area equals !.103006% (portion east of Ashe Road) and 1.050819% (west of Ashe Road) of assessed market value. This represents the total property tax rate. ~faen annexed, a designated ~ercenta$e of the total property tax of the area will accrue to the Cit~ and the remainder to the Count~ for pro- riding health care and social services. (Rate as shown on 1990-91 County Auditor-Controller Tax Rate List) ]'~uld effected area be subject to any ~onded indebtedness of the city/district: if so, explain. Yes, when annexed, the rates will be increased to 1.107047% (east of Ashe Road) and 1.054860% (west of Ashe Road) of assessed market value which equals the Cit~ bond rate of 0.004041% and the existin$ propert~ tax rates. 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 $7000.00 homeowners exemption leaves $43,000.00 for taxin$ purposes. The cit~ Bond rate amounts to a difference of $1.74 more per year on a house of this value. 33:ANN. 354P4 -4- RTY:lh