HomeMy WebLinkAboutRES NO 126-99RESOLUTION NO. 1 ~ 6 ' ~ ~
LOCAL AGENCY FORMATION COMMISSION FOR
AUTHORITY TO MERGE THE KERN RIVER LEVEE DISTRICT
INTO THE CITY OF BAKERSFIELD
WHEREAS, the Kern River Levee District ("District") provides services vital to the public
safety and welfare of the inhabitants of the District; and
WHEREAS, the District provides these vital services under very tight fiscal constraints; and
WHEREAS, the District relies upon the City of Bakersfield ("City") to contribute materials
and human resources so that the District may carry out its responsibilities; and
WHEREAS, the District is unable to provide the appropriate degree of maintenance and
control over District territory because of its limited financial resources; and
WHEREAS, the District lies over eighty-five percent (85%) within the incorporated
boundaries of the City and over ninety-five percent (95%) of the actual levee lies within the City
limits; and
WHEREAS, the Manager of the City of Bakersfield Water Resources Department has
recommended, and this Council is of the opinion, that public convenience and necessity require that
the City assume the responsibilities of the District; and
WHEREAS, the Cortese/Knox Local Govemment Reorganization Act of 1985 (Government
Code §§ 56000 et seq.) prescribes the procedures for such local agency merger and consolidation
and empowers this Council to initiate such a change by adopting a resolution of application
(Government Code § 56800).
NOW, THEREFORE, be it resolved that the City Council of the City of Bakersfield hereby
finds, determines and declares as follows:
1)
Pursuant to Division 3 of Title 5 of the Government Code of the State of
Califomia, application is made to merge the operation of the District with the
City, or to establish the District as a subsidiary district of the City, as may be
determined in the course of the proceedings; and
2) Other affected counties, cities, and districts are:
a) Counties: Kern County
b) Cities: None
c) Districts:
Kern Mosquito and Vector
Control District
3)
4)
5)
6)
7)
8)
The District is located eighty-five percent (85%) within the boundaries of the
City and entirely within the County of Kern, and the exterior boundaries of
the District are more particularly described in Exhibit "A", attached to this
Resolution and incorporated herein by this reference.
This proposal is made in order to allow the City to assume responsibility for
the duties of the District which include but are not limited to:
a)
Protecting the land within its boundaries from overflow and flooding
from the Kern River;
b) Erecting and maintaining levees and dikes within its boundaries;
c)
Keeping the Kern River channel clear of vegetative growth and
debris which would affect the flow in the channel;
d)
Depositing riprapping material as needed on the inside faces of the
levees to minimize erosion; and
e)
Maintaining suitable fencing of the levee system to control
unauthorized access.
This proposed change of organization should be made subject to the
following conditions:
a)
The District financing, revenue base and reserves are made fully
transferable to the City.
In accordance with the foregoing, it is requested that proceedings be
undertaken to accomplish the change of organization proposed herein by the
merger or establishing the District as a subsidiary of the City.
The District has made a concurrent resolution of application to merge or
establish the District as a subsidiary of the City, pursuant to Government
Code Sections 56839 and 56839.1, requesting the Local Agency Formation
Commission (LAFCO) make its determination without a prior election.
The City of Bakersfield Water Resources Department has determined that it
can be seen with certainty there is no possibility the proposed action may
have significant effect on the environment pursuant to the provisions of
Section 15061(b) (3) of the State CEQA Guidelines for which reason no
environmental evaluations or documents were required other than the Notice
of Exemption which the Department will file with the Clerk of the City
Council.
-- Page 2 of 4 Pages --
9)
lo)
11)
Determination is made hereby that there will be a transfer of service
responsibility to the City from the District which currently derives a sham of
the 1.00% countywide ad valorem property tax.
The Manager of the Water Resources Department is authorized and directed
to:
a)
b)
c)
File an application for merger or establishing the District as a
subsidiary with LAFCO (Government Code § 56652); and
File a plan for providing services within the affected territory with
LAFCO (Government Code § 56653); and
Do all other things necessary to accomplish the purpose of this
Resolution.
The Clerk of this Council shall forward copies of this Resolution to the
following:
a)
b)
c)
d)
Water Resources Department (one (1) certified copy and ten (10)
copies)
LAFCO (one (1) certified copy)
City Attorney
Kern River Levee District
............... o0o ...............
-- Page 3 of 4 Pages --
I HEREBY CERTIFY that the foregoing Resolution was passed and adgp_te_d by the
Council of the City of Bakersfield at a regular meeting thereof held on ~UG ~. 5 1~1 .,
by the following vote:
AYES: COUNCILMEMBER CARSON,DEMOND,MAGGARD,COUCH,ROWLES,SULLIVAN,SALVAGG IO
NOES: COUNCILMEMBER KI O~1~
ABSTAIN: COUNC1LMEMBER ~aO ~1 [~
ABSENT: COUNCILMEMBER Iq olxl ~_,
ITY CLERK and Ex Officio Clerk of the
ouncil of the City of Bakersfield
APPROVED
AUG 2 5 1999
By
/
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By/ AL~N'I~.
Assistant City Attorney
S:\KRLDRESOLUTION
-- Page 4 of 4 Pages --
ObllG~L
RIVER L VEE DIStRaCT
Legal Description of District Boundary
Specifically described and set out by metes and bounds, as follows:
Beginning at the northeast corner of the southeast quarter of section twenty-three (23),
township twenty-nine (29) south, range twenty-seven (27) east, Mount Diablo Base and Meridian,
and running thence southerly along the east boundary of said section 23, to the northeast corner of
the southeast quarter of the southeast quarter of the southeast quarter of said section 23, thence
westerly to the northwest corner of the southeast quarter of the southeast quarter of the southeast
quarter of said section 23, thence southerly to the southwest corner of the southeast quarter of the
southeast quarter of the southeast quarter of said section 23, thence west along the south boundary
of said section 23, to the northeast corner of the northwest quarter of the northwest quarter of the
northeast quarter of section 26, of said township and range, thence southerly to the southeast corner
of the northwest quarter of the northwest quarter of the northeast quarter of said section 26, thence
westerly to the southwest corner of the northwest quarter of the northwest quarter of the northeast
quarter of said section 26, thence southerly to the southeast corner of the northeast quarter of the
northwest quarter of said section 26, thence westerly to the northwest corner of the northeast quarter
of the southeast quarter of the northwest quarter of said section 26, thence southerly to the
southwest corner of the northeast quarter of the southeast quarter of the northwest quarter of said
section 26, thence westerly to the northwest corner of the southwest quarter of the southwest quarter
of the northwest quarter of said section 26, thence southerly to the northeast corner of Lot 24 of
section 27 township 29 south, range 27 east, Mount Diablo Base and Meridian, being a point on the
boundary of the Kern River Levee District as said District now exists, thence westerly to the
northwest corner of the east half of said Lot 24; thence southerly to the southwest corner of said
east half of Lot 24; thence westerly to the northeast corner of Lot 26 of said section 27; thence
southerly to the southeast corner of the northeast quarter of said LOt 26; thence westerly to the
northeast corner of the southwest quarter of Lot 26; thence southerly to the southeast corner of said
southwest quarter of Lot 26 being on the south line of said section 27; thence westerly to the
northeast corner of the northwest quarter of section 34, said township and range; thence southerly
to the southeast corner of the northeast quarter of the northeast quarter of said northwest quarter
of section 34; thence westerly to the southwest corner of said northeast quarter of the northeast
quarter of the northwest quarter of section 34; thence southerly along the west line of the southeast
quarter of said northeast quarter of the northwest quarter of section 34 to the eenteriine of the Kern
River; thence westerly along the centerline of the Kern River to the east line of Section 33, said
township and range; thence southerly along said east line of section 33 to a point which bears
SO°0Y02"E, 1369.84 feet from the northeast corner of said section 33; thence S69°54'31"W, 408.07
feet; thence N86°4Y59"W, 491.03 feet; thence S69°08'06"W, 394.05 feet; thence S87°2Y22"W, 493.59
feet; thence N49°45'12"W to a point on the north line of the south 1065.31 feet of the north half of
said section 33; thence westerly along last said north line to the west line of the Friant-Kern Canal
parcel in section 33; thence southerly to the southeast corner of said Friant- Kern Canal parcel;
thence westerly along the southerly line of said Friant-Kern Canal parcel and westerly extension
thereof, to the west line of the east 701.5 feet of the north half of section 32, said township and
range; thence southerly along last said west line to the south line of said north half of section 32;
thence westerly to the northeast corner of the southeast quarter of section 31, said township and
range; thence southerly to the northeast corner of the south half of said southeast quarter of sectior~
ORIG,~L
31; thence westerly to the northwest corner of said south half of the southeast quarter of section 31;
thence southerly to the southwest corner of the southeast quarter of section 31; thence westerly to
the northwest corner of section 6, township 30 south, range 27 east, Mount Diablo Base and
Meridian; thence southerly 2 miles to the southwest corner of section 7, said township and range;
thence easterly 4 miles to the southeast corner of section 10, said township and range; thence
northerly to the northeast corner of said section 10; thence easterly along section lines two and
three-eighths miles to the southeast corner of Lot No. 43, of section six (6) township thirty (30)
south, range twenty-eight (28) east, M.D.M. according to Kern County Sales Map No. 1 of Lands,
of J. B. Haggin, filed in the office of the Recorder of Kern County, California, on May 3rd, 1889,
thence north along the east boundary of said Lot No. 43, a distance of six hundred and sixty feet,
thence westerly and parallel to south boundary of said Lot No. 43, to the southeast corner of Lot
No. 41, of last-named section, according to said map, thence northerly and along the east boundary
of said Lot No. 41, and of Lots No. 40, 39 and 26, of said section, according to said map, to the
northeast corner of said Lot No. 26, thence easterly six hundred and sixty feet to the southeast
corner of Lot No. 22, of said section, according to said map, thence northerly six hundred and sixty
feet to the northeast corner of said Lot No. 22, thence easterly and along the noah boundary of Lot
No. 21,and of Lots Nos. 20 and 19, of said section, according to said map, to the northeast corner
of the northwest quarter of said Lot No. 19, thence southerly three hundred and thirty feet to the
southeast corner of the northwest quarter of said Lot No. 19, thence easterly three hundred and
thirty feet to the southeast corner of the northeast quarter of said Lot No. 19, thence southerly three
hundred and thirty feet to the southeast corner of said Lot No. 19, thence easterly six hundred and
sixty feet to the southeast corner of Lot No. 18, of said section, according to said map, thence
southerly, three hundred and thirty feet to the southwest corner of the northwest quarter of Lot No.
32, of said section, according to said map, thence easterly to the west boundary of the east half of
Lot No. 11, of section five (5) township thirty (30) south, range twenty-eight (28) east, M. D. B. and
M., according to said map, thence southerly three hundred and thirty feet to the southeast corner
of the west half of said Lot No. 11, thence easterly along the south boundary of Lot No. 11, and of
LOt No. 12, of said section 5, according to said map, to intersect the westerly boundary of the right
of way of the McKittrick branch of the Southern Pacific Railroad, thence northeasterly along last-
named westerly boundary to intersect the segregation line as established by the United State Public
Land Surveys, according to the plat of T30S-R28E, approved February 28th, 1855, thence
northwesterly and along said segregation line to the northwest corner of said section 5, and to the
centefline of Union Avenue, according to the map of Bakersfield, Kern County, California, filed for
record in the office of the Recorder of Kern County, on November 25th, 1898, thence northerly and
along the centerline of Union Avenue to intersect the centerline of the Arojo Canal, thence
northwesterly and along the centerline of said Arojo Canal to intersect the east boundary of the right
of way of the Kern Island Canal, thence in a northerly and northeasterly direction along the east
boundary of the right of way of the Kern Island Canal, to the east side of the Reclamation Weir,
in the northeast quarter of section seventeen (17) township twenty-nine (29) south, range twenty-
eight (28) east, M. D. B. and M., thence due north to the north boundary of said section 17, thence
westerly and along the north boundary of said section 17, and along the north boundary of section
18, of last-named township and range, to the northeast corner of the northwest quarter of the
northwest quarter of said section 18, thence southerly and along the east boundary of the northwest
quarter of the northwest quarter of said section 18, to the northeast corner of Lot "A", according
to the map of "Midway Square", filed for record in the office the County Recorder of Kern County,
on September 3rd, 1926, thence westerly and along the north boundary of said Lot "A", to the
northwest corner thereof, thence southerly along the west boundary of said Lot "A", one hundred
thirty-six and two-tenths feet, to intersect the south boundary extended, of the alley running east and
2
west through Block No. 1, according to said map of"Midway Square", thence westerly and along the
south boundary of said alley and along the south boundary of the alley running east and west
through Block No. 1, according to the map of "McCoy Subdivision", filed for record with the
Recorder of Kern County, on May 22nd, 1925, to the northwest comer of Lot No. 7, of Block No.
1 of said McCoy Subdivision, thence north to intersect the north boundary extended of Lot No. 4
of Block No. 1, of said Mccoy Subdivision, thence westerly and along north boundary of last-named
Lot No. 4, to the northwest corner thereof, thence southerly and along the west boundary of last-
named Lot No. 4, to intersect the south boundary extended of the alley running east and west
through Block No. 4, according to the map of River View, filed in the office of the Recorder of
Kern County, California, on May 12th, 1921, thence westerly and along the south boundary of last-
named alley to the northwest corner of Lot No. 13, of last-named Block No. 4, thence southerly and
along west boundary of last-named Lot No. 13, and extension thereof, to the south boundary of the
north half of the north half of section thirteen (13) township twenty-nine (29) south, range twenty-
seven (27) east, M. D. B. and M., thence westerly and along last-named south boundary to intersect
the west boundary extended of Pioneer Avenue, according to the map of James Arp Subdivision,
filed for record in the office of the Recorder of Kern County, California, June 21st, 1910, thence
southerly and along the west boundary of said Pioneer Avenue, to the south boundary of McCord
Avenue, according to last-named map, thence westerly and along south boundary of said McCord
Avenue to the northwest corner of Lot No. 23 of Block "B", according to said map of James Atp
Subdivision, thence southerly and along the west boundary of last-named LOt No. 23, and along the
west boundary of Lot No. 30 of said Block "B", and extension thereof, to the south boundary of the
north half of said section 13, thence westerly along the south boundary of the north half of said
section 13, to the center of said section 13 and to the northeast corner of Roberts Ranch
Subdivision, according to the map thereof, filed for record in the office of the Recorder of Kern
County, California, October 13th, 1910, thence southerly and along the east boundary of said
Roberts Ranch Subdivision to intersect the south boundary extended of Lot No. 13, according to
last-named map, thence westerly and along south boundary of last-named Lot No. 13, and along
south boundaries of Lots 12, 11 and 10, according to said map of Roberts Ranch Subdivision, to
intersect the westerly boundary of the right of way of the Southern Pacific Railroad, thence
southeasterly and along last-named westerly boundary to intersect the east boundary of Lot No. 17,
according to last-named map, thence southerly and along east boundary of last-named Lot No. 17,
and extension thereof to intersect the north boundary of LOt No. 25, according to last-named map,
thence westerly and along north boundary of last-named Lot No. 25, to the northwest corner thereof,
thence southerly and along west boundary of last-named Lot No. 25, to the southwest corner thereof
and to the south boundary of said section 13, thence westerly and along south boundary of said
section 13, a distance of fifteen feet more or less to the northeast corner of the northwest quarter
of the northwest quarter of section twenty-four (24) township twenty-nine (29) south, range twenty-
seven (27) east, M. D. B. and M., thence southerly to the southeast corner of the northeast quarter
of the northwest quarter of the northwest quarter of said section 24, thence westerly to the southwest
corner of the northeast quarter of the northwest quarter of the northwest quarter of said section 24,
thence southerly to the southeast corner of the southwest quarter of the southwest quarter of the
northwest quarter of said section 24, thence westerly to the place of beginning.
3
N
Legend
Levee District Boundary
Kem River Levee
District Boundary
City of Bakersfield
Water Resources Department
Date:
August 10, 1999
Drawn by: TDE
Sheet 1 of 1i
Before the Board of Directors
Kern River Levee District
County of Kern, State of California
In the matter of:
APPLICATION TO LAFCO FOR AUTHORITY TO
MERGE THE KERN RIVER LEVEE DISTRICT
INTO THE CITY OF BAKERSFIELD
Resolution N o..0.7. ,..2..6.... 2.9
Reference No.3.8.0.3. 6,. 2.0.0 o. 22
I, MILDRED HADLOCK, Secretary of the Board of Directors of the Kern River Levee
District, County of Kern, State of California, hereby certify that the following resolution, on
motion of Trustee Gerald M. Hay , seconded byTrustee M±ldred. Hadlock,
was duly and regularly adopted by the Board of Trustees of the Kern River Levee District
at an official meeting thereof on the 26 day of July , 1999, by the
following vote and that a copy of the resolution has been delivered to the President of the
Board of Trustees.
ABSENT:
AYES:
NOES:
NONE
James Curran III, Mildred Hadlock,Gerald M. Hay
NONE
MILDRED HADLOCK JAMES CURRAN, III
County of Kern, State of California ~nt¥ of Kern~ ~ California
Secretary //~/ President
RESOLLt'TION
Section 1. WHEREAS:
a. The Kern River Levee District ("District") was formed pursuant to the
provisions of California Water Code, Uncodified Acts, Act 4284 and provides services vital
to the public safety and welfare of the inhabitants of the District; and
b. The District provides these vital services under very tight fiscal
constraints; and
c. The District relies upon the City of Bakersfield ("City") to contribute
materials and human resources so that the District may carry out its responsibilities; and
d. The District is unable to provide the appropriate degree of
maintenance and control over District territory because of its limited financial resources;
and
e. The District lies eighty percent (80%) within the boundaries of the City
and ninety-five (95%) of the actual levee lies within the boundaries of the City; and
f. The Manager of the District has recommended, and this Board is of
the opinion, that public convenience and necessity require that the City assume the
responsibilities of the District; and
g. Government Code §56117 permits a district of limited powers to be
merged with, or established as, a subsidiary district of a city in the manner provided in the
Cortese-Knox Local Government Reorganization Act of 1985; and
h. The Cortese/Knox Local Government Reorganization Act of 1985
(Government Code §§ 56000 et seq.) prescribes the procedure for such local agency
merger and empowers this Board to initiate such a change by adopting a resolution of
application (Government Code § 5800);
Section 2. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of
Directors of the Kern River Levee District as follows:
1. Pursuant to Division 3 of Title 5 of the Government Code of the State
of California, application is made, in the alternative, to merge the operation of the District
with the City, or to establish the District as a subsidiary district of the City, as may be
determined in the course of the proceedings.
2. Other affected counties, cities and districts are:
(a) Counties: Kern County
(b) Cities: None
(c) Districts:
Kern County Mosquito Control District
3. The Kern County Levee District, the territory proposed for merger, is
located eighty percent (80%) within the boundaries of the City and entirely within the
County of Kern, and the exterior boundaries of the District are more particularly desc. ibed
in Exhibit "A," attached to this Resolution and incorporated here in by this reference.
2
4. This proposal is made in order to allow the City to assume
responsibility for the duties of the District which include but are not limited to:
(a)
Protecting the land within its boundaries from overflow and
flooding from the Kern River;
(b) Erecting and maintaining levees and dikes within its
boundaries;
(c) Providing rodent control within its boundaries;
(d)
Keeping the Kern River channel clear of vegetative growth and
debris which would affect the flow in the channel;
(e)
Depositing suitable riprapping material on the inside faces of
the levees to minimize erosion; and
(f) Maintain fencing of the levee system to restrict public access.
5. This proposed change of organization should be made subject to the
following conditions:
(a) The District financing and revenue base is made fully
transferable to the City.
6. In accordance with the foregoing, it is requested that proceedings be
undertaken to accomplish the change of organization proposed herein, i.e., merger of the
District with the City.
7. This Board is advised the City intends to make a concurrent resolution
of application requesting merger of the District with the City, and pursuant to Government
Code section 59839 and 56839.1, request the Local Agency Formation Commission
(LAFCO) make its determination without a prior election.
8. The Water Resources Department of the City of Bakersfield has
determined that it can be seen with certainty there is no possibility the proposed action may
have a significant effect on the environ ment pursuant to the provisions of Section 15061 (b)
(3) of the State CEQA Guidelines for which reason no environmental evaluations.or
documents were required other than the Notice of Exemption which the Water Resources
Department of the City of Bakersfield will file with the Clerk of the City Council.
9. Determination is made hereby that there will be a transfer of service
responsibility to the City from the District which currently derives special assessment
revenues from property within the District boundaries. Pursuant to Revenue & Taxation
Code Section 99, there will be a transfer of property tax revenue within the tax rate areas
comprising the proposal. The District will transfer all property tax entitlements to the City
of Bakersfield consistent with the merger of the District with the City of Bakersfield.
10.
11.
The manager of the District is authorized and directed to:
(a) Join in the City of Bakersfield's filing of an application for
change of organization with LAFCO (Governme~t Code §
56652;
(b)
Join in the City of Bakersfield's filing a plan for providing
services within the affected territory with LAFCO (Government
Code § 56653);
(c)
Do all other things necessary to accomplish the purpose of this
Resolution.
The manager of the District shall forward copies of this Resolution to
the following:
(a) City of Bakersfield, Water Resources (1 certified copy)
(b) LAFCO (1 certified copy)
(c) County Counsel
CERTIFICATION
STATE OF CALIFORNIA
)
) SS.
COUNTY OF KERN )
I, Wanda Anagnostopoulos, District Manager, of the Kern River
Levee District, hereby certify that this is a true and correct
copy of the original Resolution No. 07.26.99, dated July 26, 1999.
Dated July 26, 1999
W~nda -Anagnostopou~os - Ma~r/ager
Kern River Levee District
SDS:wl
#38036
2000.22