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HomeMy WebLinkAboutRES NO 35-90RESOLUTION NO. 35-90 A RESOLUTION OF APPLICATION OF THE COUNCIL OF THE CITY OF BAKERSFIELD PROPOSING PROCEEDINGS FOR ANNEXATION OF TERRITORY TO THE CITY OF BAKERSFIELD IDENTIFIED AS ANNEXATION NO. 335, CALLOWAY NO. 3/POLO GROUNDS ANNEXATION, GENERALLY LOCATED BETWEEN HAGEMAN ROAD, CALLOWAY DRIVE, SNOW ROAD, JEWETTA AVENUE, NOREIGA ROAD AND ALLEN ROAD CONTIGUOUS TO THE BOUNDARY OF THE CITY LIMITS (WARD NO. 4). 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. City of follows: NOW, THEREFORE, BE IT RESOLVED by the Council of the Bakersfield that it hereby finds and determines as 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. annexed, of this 2. That a map of the territory proposed to be so marked Exhibit "B" is attached hereto and made a part 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 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. OR G~NAf 6. That for this proposed annexation and the zoning upon annexation, therefor, the ordinance for which was adopted March 21, 1990, an Initial Study was conducted and it was deter- mined that the proposed project may have a significant effect on the environment, and a Environmental Impact Report was prepared. 7. That an Environmental Impact Report (EIR) was pre- pared for the zone change and annexation in accordance. with the California Environmental Quality Act, the State CEQA Guidelines, and the City of Bakersfield's supplementary regulations for the evaluation of projects and preparation of environmental documents. 8. That an EIR was certified by the City Planning Commission as in compliance with CEQA on February 1, 1.990 as amended, and was so certified by this Council on March 21, 1990. Impacts identified as significant and unavoidable under this EIR are loss of prime agricultural land (Class I and agricultural and residential land use conflicts, population increase, six intersections with LOS F and one roadway with LOS E, school capacity and impact of overhead utilities. 9. 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. 10. 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 C~erk City o~ Bakersfield 1501 T~uxtun Avenue ~akers~ie]d, CA 93301 J. Dal~ Hawley City Manager City o~ Bakersfield 1501 T~uxtun Avenue Bakersfield, CA 93301 Arthur J. $aalfield City Attorney City of Bakersfield 1501 Truxtun Avenue ~aKersfield, CA 93301 11. That tae appropriate City officials shall file ten (10) copies of this resolution, with ExhiDits, with the Executive Officer of the Local Agency Formation Commission of Kern County at 2700 "M" Street, Suite 302, Bakersfield, California 93301. .......... o0o ......... - 2 - 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 4 1~§0 , by the following vote: AYES:COUNCiLMEMB£RS: EDWAR~.~D,~jM~OND,~rf'~,BRUNNI, PETERSON.{~,SALVAGGIO NOES;COU~CILMEMBERS: ABSENT COUNCILMEMBERS .~,~/.~/y/ /)-/c ~r ABSTAIN COUNCILMEMBErS ~ ASSISTANT CITY CLERK and Ex OffiCio Clerk of th~ Council of the City o~ Bakersfield APPROVED APR 4 ~8§0 MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: A~THURt/J. S~A~LFI ~SD , -- CItY ATTORNEY oy the/ City of Bakersfield AJS/meg Attachments Exhibit "A" Exhibit "B" Exhibit "C" A ANEX 5 AP.CALL3.1 3/28/90 ~)gIGINAL EXHIBIT "A" ANNEXATION NO. 335 CALLOWAY NO. 3 A Parcel of land being portions of Sections 12, 13 and 24 of Township 29 South, Range 26 East, M.D.M and Sections 7, 8, 18 and 19 of Township 29 south, Range 27 East, M.D.M. in the unincorporated area of the County of Kern, State of California, described more particularly as follows: Beginning at the point of intersection of the South line of the North 55 feet of said Section 19 and the West line of Lot 2 of "Sales Map of Lands of J. B. HAGGIN" filed August 20, 1890 in the office of the Kern County Recorder, said point also being on the existing corporate boundary of the City of Bakersfield; THENCE (1) North 89054'38" West along said South line, also being the South right of way line of Hageman Road, a distance of 1334.35 feet (+) to a point on the East line of Lot 5 of said J. B. HAGGIN Map; THENCE (2) North 89°54'48" West, continuing along said south line, a distance of 2002.12 feet (+__) to a point on the East line of Lot 8 of Said J. B. HAGGIN Sales Map; THENCE (3) North 00o49'40" East along said East line, a distance of 25.00 feet to a point on the South line of the North 30 feet of said Section 19; THENCE (4) North 89°54'48" West along said South line, also being the South right of way line of Hageman Road (Co. Rd. No. 522), a distance of 629.35 feet (+) to a point on the East line of the West 30 feet of said Section 19; THENCE (5) South 00°50'08" West along said East line, also being the East line of Jewetta Avenue (Co. Rd. No. 366), a distance of 25.00 feet to a point on the South line of the North 55 feet of said Section 19; THENCE (6) North 89°54'48" West along said South line a distance of 30.00 feet to a point on the East line of said Section 24; THENCE (7) North 89o08'00" West along the South line of the North 55 feet of said Section 24, also beir~ the South line of an irrevocable offer of dedication for }{ageman Road Recorded in Book 4928, Page 1799 of official records in the office of the Kern County Recorder, a distance of 2633.56 (+) feet to a point on the West line of the East half of said Section 24; THENCE (8) North 89o10'49" West along the South line of the North 55 feet of the West half of said Section 24, a distance of 234.51 feet to the beginning point of a 1455.00 foot radius curve concave to the Northeast, also being the begin- ning of the South right of way line curve for Hageman Road (Co. Rd. No. 3264); THENCE (9) Northwesterly along said curve through a central angle of 23o29'39", an arc distance of 596.62 feet; THENCE (10) North 24°18'50" East, along the radial line of said curve, a distance of 25.00 feet to the beginning point of a concentric 1430.00 foot radius curve (concave to the Northeastl); (.)RIGiNAJ. THENCE (11) Northwesterly along said curve (and right of way line), through a central angle of 15o19'32", an arc distance of 382.50 feet to a tangent point on a 1370.00 foot radius, reversing curve concave to the Southwest; THENCE (12) Northwesterly along said curve (and right of way line), through a central angle of 38°46'17", an arc distance of 927.06 feet to a point on the West line of Lot 26 of said Section 13 as shown on "Sales Map of Lands of Kern County Land Company" filed November 24, 1891 in the office of the Kern County Recorder; THENCE (13) North 00047'45" East along the West lines of Lots 26, 23 and 10 of said sales map, a distance .of 2076.30 feet (+)to a point on the West line of said Lot 10 being on the North right of way nne of Noriega Road (Co. Rd. No. 715); THENCE (14) South 89°12'56" East, along said North line, a distance of 4591.33 feet to a point on the West line of the East 30 feet of said Section 13, also being on the West right of way line of Jewetta Avenue (Co. Rd. No. 366); THENCE (15) North 00°55'43" East, along said West line, a distance of 2608.58 feet (+__) to a point on the North line of said Section 13; THENCE (16) North 00o49'05" East, along said West right of way line, also being the West line of the East 30 feet of the Southeast quarter of said Section 12, a distance of 2644.90 feet to a point on the North line thereof; THENCE (17) North 00049'55" East, continuing along said West right of way line, also being the West line o[ the East 30 feet of the Northeast quarter of said Section 12, a Distance of 2614.75 feet to a point on the South line of the North 30 feet thereof; East along said South line, a distance of 30.00 feet of said Section 12; THENCE (18) South 89018'03" to a point on the East line THENCE (19) South 89051'36"' East along the South line of the North 30 feet of said Section 7, also being the South right of way line of Snow Road (Co. Rd. No. 2580), a distance of 740(+_]. feet to a point on the center line of the Calloway Canal; THENCE (20) Northerly along said center line, a distance of 6 feet (+) to a point on the South line of the North 24 feet of said Section 7, al~) being the South right of way line of Snow Road (Co. Rd. No.67); THENCE (21) South 89°51'36" East, along said South line, a distance of 4542.02 feet (+) to a point on the East line of said Section 7; THENCE (22) South 88°54'13~' East along the South line of the North 24 feet of the Northwest quarter of said Section 8, a distance of 30.00 feet to a point on the East line of the West 30 feet of said Section 8, also being on the East right of way line of Call~ay Drive (Co. Rd. No. 30); THENCE (23) South 00o31'08" West along said East line, a distance of 1015.75 feet to the North end of County Road No. 3297; 4:ANN.335.2 THENCE (24) South 89°28'52" East, a distance of 25.00 feet to a point on the East right of way line of Calloway Drive (Co. Rd. No. 3297); THENCE (25) South 00°31'08" West, along said East line (County Road No. 3297 and County Road No. 2704), a distance of 945.50 feet; /~]ENCE (26) North 89028'52" West, a distance of 25.00 feet to a point on the East right of way line of Calloway Drive (Co. Rd. No. 30); THENCE (27) South 00o31'08" West, along said East line, a distance of 631.45 feet to a point on the North line of the South 30 feet of said Northwest quarter section, also being a point on the North line of Norris Road (Co. Rd. No. 30); THENCE (28) South 88°54'46" East, along said North line, a distance of 25.00 feet to a point on the East line of the West 55 feet of said Northwest Quarter Section; THENCE (29) Sou~th 00°31'08" West, along said East line, a distance of 30.00 feet to a point on the North line of the Southwest quarter of said Section 8; THENCE (30) South 00°37'53" West, along the East line of the West 55 feet of said Southwest quarter section, a distance of 659.75 feet to a point on the existing corporate boundary of the City of Bakersfield; THENCE (31) Westerly, Southerly, Westerly and Southerly along various courses of said corporate boundary to the Point of Beginning. CONTAZNING 1556.50 ACRES (More or Less) 4:ANN.335.3 .... · - :,.D by I(FRN COU~ ~ Date ............~ ~.l~__..l_g...]~.! ! 24 -------" , I.i: 7 il Z I 07) J" (21) : I (23) ,-(24) 7 ?L 27 jx/j. D. (25) (15)- (27) .... (30)., I,I ' > JPWETT J[ EAIhtE'- 5UI~I)IV 510N -~'~'~ PLAN FOR PROVIDING SERVICES ANNEXATION NO. 335 (CALLOk%Y NO. 3) SERVICES Planning Parks and P~creation Library Police Protection Fire Protection Street Cons truc t ion Maintenance Sweeping Lighting Flood Control Sewerage Water Other (REFUSE) Agency Which Presently Check Services Which Indicate How Services Provided Provides Service City/District Will Provide By City/District will be Financed (i.e., 9eneral tax rate or special Upon Future Date assessment. ) Annexat ion ( speci fy) COUNTY X GENERAL TAX REVENUES UPON COUNTY X DEVELOPI,IRNT GENERAL TAX REVENUES COUNTY N/A N/A SHERIFF & HIGHWAY PATROL X GENERAL TAX REVENUES NO CITY/COUNTY JOINT AGREEMEN] CHANGE GENERAL TAX REVENUES COUNTY X GENERAL AND GAS TAX REVENUES NEW STREETS WILL BE CONSTRU~rP:D BY COUNTY PRIVATE DEVELOPMENT AND DEEDED TO C] COUNTY X GENERAL AND GAS TAX REVENUES X GENERAL AND GAS TAX REVENUES UPON X DEVELOPMENT GENERAL TAX REVENUES COUNTY X GENERAL TAX REVENUES UPCN USER FEE/INiTiAL COST BY ---- X DEVELOPMENT PRIVATE DEVELOPER VAUGHN WATER COMPANY AND PARTIALLY UPON USER FEE/INITIAL COST BY CITY WATER DIVISION (see Page 2] DEVELOPMENT PRIVATE DEVELOPER UPON X DEVELOPMENT USER FEE ~ITY D19:ANNEX335.1 ~ %AK~0~ EXHIBIT "C" ORiGiNAL -1- I. Please provide the following information, when applicable, only for services which will be provided by the Location Indicate location from which service will be provided (i.e. nearest fire station, library, etc.) applicant city. Police:All police services in the City of Bakersfield are administered throught the City Police Department located at the s/w corner of Truxtun Avenue and Eye Street about 7 miles southeasterly of the annexation. Fire:Fire protection service will continue to be administered from County Station No. 65 located on the north side of Rosedale Highway easterly of Calloway Drive. Parks and Recreation:Development will require dedication of park land or in lieu fees in accordance with adopted standards of the North Bakersfield Recreation and Park District. Pre-zoning provides for a proposed 53 acre equestrian center. Library-N/A Streets-Construction/Maintenance; Sweeping; Lighting: The City Corpora- tion Yard on Truxtun Avenue, est of Freeway 99 will provide necessary facilities, personnel and services to acccmmodate Public Works efforts. Maintenance and personnel will be dispatched from the City Yard on a regular basis preventative maintenance as needed. Repair includes streets, construction/maintenance, sweeping and lighting. Sewer:This territory is within the boundary of the Buena Vista Planned Sewer Area whereby sewerage will be sent to Wastewater Treatment Plant No. 3 by extending a pipeline along the Jewetta Avenue alignment. Water:This area will be served by the Vaughn Water Cu~any over the major portion of the territory. The remaining area east of the Friant-Kern canal will be served by the City water division. Other(Refuse): When annexed and when development occurs, service will be provided by the City by contract with a franchise collector or by City forces. Service Level Capacity 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 in~nediate vicinity of this annexation. First priority response is approximately 7.00 minutes or less. Fire protection is provided on a 24-hour basis and the annexation will not affect City/County joint service capability or response time. District parks are open to the public at reasonable hours. N/A There will be no reduction in the range capacity of the City to provide the necessary public works 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. D19:ANN335.2 -2- III. What effects, if .any, would annexation of this territory have on the existing level of city/district services (i.e., need for additional emer- gency service personnel or construction of new facilities, etc.)? The annexation of this territory will not affect the near term level or capa- bility of the City to provide needed services. Upon time of full buildout of this territory, additional police officers will be required to maintain the current level of city service. Street improvements resulting from development will increase the maintenance responsibility of the city but will not affect the existing 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 or residents be responsible for financing? As develo~ment occurs the deve-~oper 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. Future residents of the project area will possibly be assessed for a sewer assessment district or a landsdape maintenance district if either is established. Indicate and explain existing zoning in affected territory. Subject prop- erty is zoned A (Exclusive Agriculture) in the County. 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.)1339 net acres are prezoned City R-1 (one- family dwelling) zone, 15 net acres are ~rezoned City ~-2 (limited multi- pie-family) zone 53 acres are prezoned City A-20A (Agriculture 20-acre minimum) zone and 31 net acres are prezoned City C-1 (Cu,,~rcial) zone (see attached Page 5 for plat showing prezoning areas). The proposed equestrian complex is now prezoned A-20A due to limitations of the williamson Act contract still in effect. A zone change will be required converting the 53 acre area to a City RE (Recreation) zone when the contract expires. The general effect of this proposal will be the loss of prime agricultural land primarily for residential development with urban services. D19:ANN335.3 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 cu~,,~nity 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 sub- stantially lower than fees county residents now pay to independant companies. No special assess~ent or charges for street sweeping, leaf collection, school crossing guards, street lighting energy costs and fire hydrants upon 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 are as follows: Area (1) = 1.209866%; Area (2) = 1.154309%; Area (3) = 1.104540%; Area (4) = 1.188239%; Area (5) = 1.138470% of assessed market value (see attached Page 6 for plat showing the tax rate areas). 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. (Rates as shown on 1989-90 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 by 0.004298% 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 $7000 home owners exemption leaves $43,000 for taxing ?urposes. The City Bond rate of 0.004298% amDunts to a difference of $1.85 more per year on a house of this value. D19:ANN335.4 CALLOWAY ~:3 / POLO GROUNDS ANNEXATION SNOW ROAD '.'.'.'-i.~.~.~-i'i'~'.'.'.'.'-'."'"'"" ' LOW DENSITY RESIDENTIAL ~ i i ~ ~ ~ ~"i i ~ ~ ~ ~ i (1553 AC) (',~'I,~NI) ,eS ZOA,'£) " " " " :' :' :' : " " " ]'.~ [' :' :' :' : " " :' :' .... ' ' ' '-'.'. '. '.'.'.'. ~iR~tS ~O~a' ,,, MEDUM DENSTY RE~JIDENTIAL ~ '.'.".'~']'.'.'.'." ' '.'.'.'.'-'-" (15 AC) (',~'--~ ZO,V~') ~ '-"':::]:.:.."~'.""".'.'.'.'.'.""":,'.' ~ . . ......-.:.:.:\. . ........-... .... .'.' COMMERCIAL (51AC)("C-/ZO/V~'.)~.'.'-'-"-":':.":':'~'.'.'.'."" ' "o'.'.'-'-" , ~ ::::::::::::::::::::::::::::::::::::::::::: REDREATION COMMERCIAL (55 AC) :' :' [' '" ~ ':..' '[ '~' '-" :"~ :' :'::' :' :' :' (A ZOA ZO;'VE.) .'.',' .'. :.'.~'. '.'. _'.: ..~." :' ;'.'.'.'. '. '. '. ANNEXATION (1452 AC)('/V~'T.~ .... . -.' .'. '. :../..-...- .~.~. ' .OLiVI~ .I~RIVE'. !:i:..::::: -- ::::::::::::::::::::::::::::::::::::::::::: N :.:.:-:..:.:.:.:.:.:.:.::::::.:.:.:.:......:.. ============================================== ~j ....'''' ' 18:::: NORlEDA ROAD ............ .'. ...... HAGEMAN ROAD T2gS, R26E T2gs, R27E 989~4 TAX RATE AREAS CALLOWAY #3 / POLO GROUNDS ANNEXATION SNOW ROAD -- -- AI~EXATION BOUNDARY ,,, ~ NORRE; ROAD .................. O. UVE DRIVE NORIEGA ROAD 13 HAGEMAN ROAD T29S, R26E '1'29S, R27E 18 (.1RiGiNAI