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HomeMy WebLinkAboutRES NO 135-08RESOLUTION NO. 13 5 - ~ 8 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD REGARDING THE ANNEXATION OF AGRICULTURAL LAND AND OPPOSING PROPOSED LAFCO POLICY CHANGES WHEREAS, the Agricultural Advisory Committee ("Committee") of the Kern County Local Agency Formation Commission ("LAFCo") has proposed certain policy recommendations ("recommendations") to LAFCo regarding the annexation of agricultural land to cities; and WHEREAS, pursuant to the recommendations, the Committee is requesting LAFCo require cities to: (a) provide housing needs assessments; (b) use the Land Evaluation & Site Assessments ("LESA") model for assessment of conversion of agricultural land to urban uses; and (c) obtain a Notice of Tentative Cancellation of Williamson Act contracts from the County of Kern; and WHEREAS, these Committee recommendations are not consistent with the Metropolitan Bakersfield General Plan ("General Plan") policies, and WHEREAS, the Governor's Office of Planning and Research and LAFCo's own policies emphasize the need for consistency with local general plans; and WHEREAS, a housing needs assessment is already provided in the Housing Element of the General Plan; and WHEREAS, the General Plan uses criteria to determine the appropriateness of conversion of agricultural land that is different than the LESA model; and WHEREAS, much of the property that is immediately adjacent to the city limits of the City of Bakersfield and within the City's Sphere of Influence is subject to Williamson Act Contracts; and WHEREAS, the California Government Code establishes the mandatory procedures that a city must follow in cancelling a Williamson Act Contract, and the City of Bakersfield follows those procedures; and WHEREAS, infrastructure and services are planned for and funded based on a City's General Plan: and WHEREAS, the policy recommendations have the potential to impact Bakersfield's ability to grow in an orderly manner and to negatively impact the citizens of the City of Bakersfield. s o~~AKF9,.~ -- Page 1 of 3 Pages -- U C7 ORIGINAL NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the above recitals are true and correct and are incorporated herein by reference. 2. That the City's General Plan, which provides policies for the conservation of agricultural lands, should be the guiding document for growth. 3. That LAFCo policies should not be inconsistent with the General Plan. 4. That the City of Bakersfield should be able to annex and cancel Williamson Act contracts in accordance with state law and General Plan policies. 5. That the proposed Committee requirements could negatively impact orderly growth patterns and plans for service and infrastructure within the City's Sphere of Influence. 6. That this Council recommends that LAFCo not approve the policy changes recommended by the LAFCo Agricultural Advisory Committee. --00000-- o``gAKF~~ f -- Page 2 of 3 Pages -- v c~ 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 AUG 2 0 2008 by the following vote: YES:. COUNCILMEMBER l~~ (~ ,y~ hr~ m ~ ~Q~ `/' D ~ T[-.41c,¢Syt~ A.l,~l ifn,N ,(~'~~~ COUNCILMEMBER .nPrk o ABSTAIN: COUNCILMEMBER I~LIIY~.Q. ABSENT: COUNCILMEMBER w-r-r~ PAMELA A. McCART CMC CITY CLERK and Ex icio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ~~. ROBERT M. SHERFY Deputy City Attorney RMS:Isc o~gAKF9 S:\COUNCIL\Resos\08-09\AgLandAnnexation.doc ~~ -- Page 3 of 3 Pages -- ~ o ORIGINAL APPROVED: AUG 2 0 Cana