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HomeMy WebLinkAboutRES NO 63-91RESOLUTION NO. 63-91 A RESOLUTION OF APPLICATION PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 351, WIBLE NO. 10 ANNEXATION (WARD 6 AND WARD 7). 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, MARCH 7, 1991, on the proposed annexation of certain properties to the City of Bakersfield known as WIBLE NO. 10 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 Bakers- field Californian, a local newspaper of general circulation; and WHEREAS, by Resolution No. 23-91 on March 7, 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 Cisy 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 of this Resolution as though fully set forth herein. part 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 crganization, 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 and residents of the affected terri- tory 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. 6. That for this proposed annexation and the zoning upon annexation, therefor, Ordinance No. 3352, which was adopted April 10, 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 February 14, 1990. 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 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 APR 2 4 1991 __ , by the following vote: AYES; COUNCILMEMBERS: EOWARDS, De.M~ND, SMITH, i~RUNNI, PETERSON, McDERMOTT, SALVAGGIO NOES~ COUNCILMEMBERS ~'VD~/~ ASSENT COUNCILMEMBERS ABSTAIN COUNCILMEMBERS' CITY CLERK and'ER Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 4 ~99! MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LML/meg Attachments Exhibit "A" Exhibit "B" Exhibit "C" A ANEX 5 AP.WIBL10.1 4/17/91 - 3 - EXHIBIT "A" ANNEXATION NO. 351 A parcel of land being a portion of the South 1/2 of Section 25, Township 30 South, Range 27 East, M.D. M., County of Kern, State of California, more particularly described as follows: Commencing at the point of intersection of the North line of Lot 30 of Said Section 25 as lots are shown on "Sales Map No. 1 of Lands of J. B. Haggin" filed May 3, 1889 in the office of the Kern County Recorder and the East Right of Way line of Freeway 99 (State Route Vl-Ker-99) also being a point on the existing corporate boundary of the City of Bakersfield; thence South 11° 31' 00" East, along said East Right of Way line, 65.713 feet to the true point of beginning; THENCE (1) South 78° 29' 00" West, 190.00 feet to a point on the West Right of Way line of said Freeway 99, said point also being a point of intersection with the East line of Parcel "A" as shown on Parcel Map No. 4351 filed in Book 19 of Parcel Maps, Page 188 in the office of the Kern County Recorder; THENCE (2) South 00° 37' 09" West, along the East line of said Parcel "A", a distance of 716.15 feet to the Northeast corner of Parcel "C" of said Parcel ~ap No. 4351; THENCE (3) North 89° 11' 30" West along the North line of Parcels "B" and "C" of said Parcel Map No. 4351, a distance of 440.70 feet to the Northwest corner of said Parcel "B"; THENCE (4) South 00° 36' 40" West, along the West line of said Parcel "B" a distance of 470.00 feet to a point on the North line of the South 30 feet of said Section 25 also being on the North Right of Way line of Hosking Avenue (County Road No. 782); T~ (5) North 89° 11' 30" West, along said North line, 220.32 feet to a point on the West line of said Parcel "A"; THENCE (6) Continuing West along said North line, 2613.70 feet (more or less) to a point on the East line of the West 30 feet of said Section 25; THENCE (7) North, along said East line, also being the East Right of Way line of Wible Road (County Road No. 50), a distance of 1440.26 feet to a point on the North line of the South 152 feet of Lot 24 of said "Sales Map No. 1 of Lands of J. B0 Haggin"; THENCE (8) East along said North line 175 feet to a point on the East line of the West 205 feet of said Lot 24; THENCE (9) South along said East line, 152 feet to a point on the South line of said lot; THENCE (10) East along said South line, 1116.63 feet to the Southwest corner of Lot 22 of said "Sales Map NO. 1"; 33:WIBLE10 RTY:lh THENCE (11) North along the West line of said Lot 22, a distance of 1289.08 feet to a point on the South line of the North 30 feet of said lot; THENCE (12) East along the South line of the North 30 feet of Lots 22 and 21, also being the South Right of Way line of Berkshire Road (County Road No.782) a distance of 1321.76 feet to a point on the West line of Lot 20 of said "Sale Map No. 1"; THENCE (13) South 89° 14' 56" East, along said South Right of Way line, 360.78 feet to a point on the West Right of Way line of Freeway 99; THENCE (14) Continuing South 89° 14' 56" East, 194.44 feet to a point on the East Right of Way line of Freeway 99, also being a point on the existing corporate boundary of the City of Bakersfield; THENCE (15) Southeasterly along said existing corporate boundary to the point of beginning. Containing 153.32 Acres (more or less) 33:WIBLE10.P2 RTY:lh \ (13) 24 22 Z$ (6) (2 (3) P, O.B. ANNEXATION OF WIBLE No.lO 200 0 200 400 &bO EXHIBIT "B" I SEC~3.6 -F.$OS. R.27E ~\/I.D. M~ SERVICES Planning PLAN FOR PROVIDING SERVICES "WIBLE NO. 10" ANNEXATION NO. 351 Agency Which Presently Check Services Which Indicate How Services Provided Provides Service City/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 REVENUES UPON COUNTY X DE~nSLOPMENT GENEraL TAX ~VENI~S COUNTY N/A SHERIFF & HIGHWAY PATROL X GENERAL TAX REVENUES CITY/COUNTY JOINT AGREEMENT N/A GENERAL TAX REVENUES COUNTY X GENERAL & GAS TAX REVENUE UPON NEW STREETS WILL BE CONSTRUCTED BY COUNTY X DEVELOPMENT PRIVATE DEVELOPMENT AND DEEDED TO CI COUNTY X GENERAL & GAS TAX REVENUE NO SERVICE X GENERAL & GAS TAX REA;ENUE Upon COUNTY X Development GENERAL TAX REVENUE COUNTY X GENERAL TAX REVENUE N/A X GENER;J~ TAX REVENUE N/A X N/A PRIVATELY CONTRACTED X USER FEE Parks and Recreation Library Police Protection Fire Protection Streets Construction Maintenance Sweeping Lighting Flood Control Sewerage Water Other (REFUSE) 33 :ANN. 351P1 E X H I B I T "C" -1- RTY:lh applicant city. Please provide the following information, whea applicable, only for services which will be provided by the Service Level Capacity Location Indicate location from which service will be provided (i.e. nearest fire station, library, 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 about 61~miles north of the annexation. Fire-Station 13 (City) is 1 mile west of the territory on the west of Stine Road, southerly of the Arvin-Edison Canal. Parks and Recreation-Upon development of residential area, the open space element of the adopted Metropolitan Bakersfield 2010 General Plan provide~ a minimum of 2.5 acres of park space per 1000 population. Library-N/A Streets-q'ne City Corporation Yard on Truxtun Avenue west of Freeway 99 will provide necessary facilities, personnel and services to accommodate Public Works Department efforts. Construction/ Maintenance-Maintenance and personnel will be dispatched from the Yard on a regular basis for preventative maintenance as needed. Repair includes streets, constructed/maintenance, sweeping Sweeping and lighting. Lighting Sewer-An existing City trunk sewer in Stine Road extends as far south as Hosking Avenue, then west to tie into Treatment Plant No. 3 (See Further sewer comments in Section VII). Water-The area is within the boundary of the California Water Service Company service area. Other-(Refuse)-Present refuse collection is provided by a francise refuse collector. When annexed, service will be provided by the City with the same collector is at all possible. 33:ANN.351P2 -2- Indicate frequency and availability of service (i.e., street sweeping, response time for emergency services, rec. programs, etc. 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/CCIJNTY fire service capabilies. Ail City parks are open to the public at reasonat hours. 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 pick up is twice a week. 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 territory will not affect near term level or capability of the City to provide needed services. Upon time of full buildout of this territory, additional ~olice ~ersonnel may be required to maintain the current level of City service. Streets and other municipal improvements resulting from development will increase the maintenance responsibility of the City but will not affect the existing level of service. 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? As development occurs the developer provides and pays for major facilities and dedicates them to the City. No upgrading or change in facilities will be required in the territory for annexation. Indicate and explain existing zoning in affected territory. Subject property is zoned County A (Exclusive Agriculture). And A-1 (Limited Agriculture) Zones 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 territory is prezoned City R-1 (Single Family Dwelling) Zone, R-2 (Limited Multiple-Family Dwelling) Zone, R-S (Residential Suburban), Zone, A (Agriculture) Zone and A-20A (Agriculture 20 Acre Minimum) Zone. See Zoning upon Annexation (5097) Plat, attached as Page 5, for Zoning areas. 33:ANN. 351P3 -3- RTY:lh VII. 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 conunity facilities, etc. City police should be able to respond in a more timely manner than the present County Sheriff and State Highway Patrol services. The present City refuse collection rate is substantially lower than fees county residents now pay to independ- ent companies. No special assessments or charges for street sweeping, leaf collec- tion, school crossing guards, street lighting energy costs and fire hydrants upon deve- lopment of subject area. The City is currently proceeding with the formation of an assessment district to provide sewer service to the territory and the surrounding 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 rate in area equal 1.213748% of assessed market value. This represents the total property tax rate. When annexed a designated percentage of the total tax of the area will accrue to the City and the remaining to the County for providing health care and social service. (Rate as shown on 1990-91 County Auditor-Controller Tax Rate List). Would effected area be subject to any bonded indebtedness of the city/district: If so, explain. Yes, when annexed, the rate will be increased to 1.217789% of assessed market value which equals the City bond rate of 0.004041% and the total property tax rate of 1.213748%. 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 home owners exemption leaves $43,000 for taxing purposes. The City bond rate of 0.004041% amounts to a difference of $1.74 more per year on a house of this value. 33:ANN.351P4 -4- RTY:lh ZONING UPON ANNEXATION 5097 WIBLE NO. 10 PANAMA LANE A-20A R-1 A-20A 26 R-1 A-2OA r o I I-------t RS I C-2 · c-~ j I ! - C-1PD A-1 T30S, R~7E A-1 A BEi~SI-mE ROAD A TO A-20A C-2-D C-2 C-1 R-1 00,000) 1800 I A R-1 36 PUD R-t R-1 -5-