1 RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD, CALIFORNIA, AUTHORIZING THE CITY OF
BAKERSFIELD’S SUBMISSION OF AN APPLICATION TO THE
LOCAL AGENCY FORMATION COMMISSION OF KERN
COUNTY (LAFCO) FOR AN OUT-OF-AGENCY BOUNDARY
SERVICE AREA AGREEMENT WITH OLD RIVER MUTUAL
WATER COMPANY AND SOUTH KERN MUTUAL WATER
COMPANY
WHEREAS, on September 27, 2018, the State Water Resources Control Board (”SWRCB”) transmitted to CITY Consolidation Order No. 03 -12-18R-002 requiring CITY to consolidate the Old River Mutual Water Company (“ORMWC”) community water system into CITY’s municipal water system; and
WHEREAS, on September 27, 2018, the SWRCB transmitted to CITY Consolidation Order No. 03 -12-18R-003 requiring CITY to consolidate the South Kern Mutual Water Company (“SKMWC”) community water system into CITY’s municipal water system; and
WHEREAS, collectively, Consolidation Order No. 03 -12-18R-002 and Consolidation Order No. 03-12-18R-003 are known as the “Consolidation Orders;” and
WHEREAS, ORMWC and SKMWC (hereinafter, the “Mutuals”) are located outside of CITY’s city limits but within its Sphere of Influence; and
WHEREAS, the respective Consolidation Orders indicate that the Mutuals are unable to provide to potable drinking water to their respective service areas and such circumstances constitute a threat to the health and safety of the public; and
WHEREAS, for the purposes of complying with the California Environmental Quality Act (“CEQA”), CITY determined that these Consolidation Orders constituted a project (the “Project”); and
WHEREAS, CITY is the Project’s lead agency under CEQA; and
WHEREAS, pursuant to CEQA, CITY undertook an environmental review resulting in the adoption of a Mitigated Negative Declaration (“MND”); and
WHEREAS, on June 05, 2025, Bakersfield’s Planning Commission held a public hearing for the Project and approved the MND; and 2 WHEREAS, on July 23, 2025, the Bakersfield City Council considered and approved the MND; and
WHEREAS, on July 24, 2025, Bakersfield City Staff transmitted to the State Clearinghouse and County of Kerrn a “Notice of Determination” (NOD) concerning the MND; and
WHEREAS, as of the close of the public review period on August 23, 2025, no legal challenge/s to the MND were received.
WHEREAS, on June 16, 2026, City entered into Expedited Drinking Water Grant Agreement No. D2502028, wherein $6,813,373 in funding was set aside to reimburse City for its costs pursuant to the reimbursement mechanism described within Agreement No. D2502028; and
WHEREAS, Agreement No. D2502028 provides that City shall not begin construction to effectuate the Mandatory Consolidation until all necessary public agency approvals have been obtained; and
WHEREAS, Government Code Section 56133 authorizes the applicable Local Agency Formation Commission (“ LAFCo”) to approve an out -of-agency service agreement provided the subject area is within CITY’s sphere of influence and experiencing a threat to the health and safety of the public; and
WHEREAS, in order for City to effectuate the Mandatory Consolidation, City must obtain Kern LAFCo’s authorization to do so via an Out-of-Agency Boundary Service Agreement.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Bakersfield, California, as follows:
1. That the Water Director, and any necessary City Staff, are authorized to submit to the Kern Local Agency Formation Commission an application for an Out-of-Agency Boundary Service Agreement enabling City of Bakersfield to provid e potable water to the current service areas of the Old River Mutual Water Company and South Kern Mutual Water Company.
2. Further, the Water Director, and any necessary City Staff, are authorized to negotiate, discuss, or otherwise work with the Kern Local Agency Formation Commission to execute the M andatory Consolidation described in the Recitals above.
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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 , by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
By
KAREN GOH, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
MATTHEW S. COLLOM
Deputy City Attorney ll