Loading...
HomeMy WebLinkAboutRES NO 67-98RESOLUTION NO. 6 '?" 9 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD REQUESTING THE KERN COUNTY LOCAL AGENCY FORMATION COMMISSION TO APPROVE A REVISION OF THE CITY'S SPHERE OF INFLUENCE AND THAT SUCH COMMISSION FIND THAT SUCH REQUEST CAN BE CONSIDERED AND STUDIED AS PART OF THE PERIODIC REVIEW WHEREAS, the City Council of the City of Bakersfield held a public hearing on WEDNESDAY APRIL 22, 1998, on a proposed amendment to the Local Agency Formation Commission (LAFCO) sphere of influence for the City of Bakersfield, notice of the time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council of the City of Bakersfield continued the matter to the meeting of May 6, 1998 to allow consideration of this proposal by the Urban Development Committee; and WHEREAS, the Urban Development Committee met on April 23, 1998 and considered this proposal and related GPA P97-0216 and recommended approval of the proposed amendment as contained herein; and WHEREAS, a "sphere of influence" means a plan for the probable ultimate physical boundaries and service area of a local governmental agency; and WHEREAS, the (LAFCO) is required to develop and determine the sphere of influence of each local governmental agency within the county in order to carry out its purpose and responsibilities for planning and shaping the logical and orderly development and coordination of such agencies so as to advantageously provide for the present and future needs of the county and communities; and WHEREAS, if any city desires amendment or revision of an adopted sphere of influence, the City, by resolution of the City Council, may, under Section 56428 of the Government Code, file a request therefore with the executive officer who shall present the same to the Local Agency Formation Commission for approval; and WHEREAS, if such commission finds that the request for amendment or revision of a sphere of influence can be considered and studied as a part of the periodic review of spheres of influence as required by law, such commission may, at its discretion, waive reimbursement of costs; and WHEREAS, the City of Bakersfield desires revision of the city's adopted sphere of influence under provisions of Government Code Section 56428 to add lands described in related project General Plan Amendment P97-0216 and other territory within the Metropolitan Bakersfield 2010 General plan area that could be annexed and served by the City in the future: and also desires waiver by the LAFCO of reimbursement costs; and WHEREAS, the Planning Commission of the City of Bakersfield held a public hearing on Monday, December 15 and Thursday, December 18, 1997 on proposed Sphere of Influence Amendment 1-97 and recommended approval of the proposed amendment to the city's sphere of influence, and recommend that the City Council submit a resolution of application to LAFCO requesting same; and WHEREAS, for the above-described action, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on October 24, 1997 in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, the environmental review performed for the related GPA P97-0216 specifically considered and relied upon the Final Environmental Impact Reports conducted and certified by the County of Kern including the related specific plans. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. The Negative Declaration for concurrent GPA P97-0216 and Sphere of Influence Amendment 1-97 is hereby approved. 3. The City Council hereby request revision of the City of Bakersfield's adopted sphere of influence by Kern County Local Agency Formation Commission under provisions of Government Code Section 56428, to add lands that could be annexed and served by the City of Bakersfield in the future, as shown in the attached EXHIBIT "A" and described as follows: ORIGINAL 3 SPHERE OF INFLUENCE AMENDMENT 1-97 Additions to Sphere of Influence A. West Area One half mile north of the current sphere of influence between the 99 Freeway and the boundary of the Metropolitan Bakersfield 2010 General Plan; South of Seventh Standard Road, North of the south line of the Kern River, between the western border of the existing sphere of influence and One half mile west of the alignment of Enos Lane; Sections 11, 14, and 25 of T.30S,R.26E and Section 30 of T.30S,R.26E. 3. That the City Council hereby requests the Kern County Local Agency Formation Commission to find that this request for revision of the Bakersfield Sphere of Influence can be considered and studied as a part of the periodic review of spheres of influence required by Government Code Section 56425 and that such Commission waive reimbursement for costs as provided in Government Code Section 56428. 4. The City Clerk is directed to transmit forthwith a certified copy of this resolution to the Executive Officer of the Kern County Local Agency Formation Commission. ......... 000 ........ 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 MAY 0 6 1~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, S~,~TH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEM~E~ ~c~ ........ ABSTAIN: COUNCILMEMBER ~NT: COUNCILMEMBER CITY CLERK and Ex Officio Cler~Jof the Council of the City of Bakersfield APPROVED MAY 0 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY :pjt April 27, 1998 EXHIBIT a CITY OF BAKERSFIELD SPHERE OF INFLUENCE AMENDMENT 1-97 CURRENT SPHERE or INFLUENCE // '/. CITY BOUNDARY AS OF 319/98 DSPHERE AMENDMENT WEST AREA