HomeMy WebLinkAboutRES NO 109-15RESOLUTION NO. 10 9- t 9 -Hef Q.1S_VV6-_I?-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD VACATING RESOLUTION NO. 108.12,
WHICH CERTIFIED THE FINAL ENVIRONMENTAL IMPACT
REPORT (SCH NO. 2011021042) FOR THE KERN RIVER
FLOW AND MUNICIPAL WATER PROGRAM.
WHEREAS, the proposed Kern River Flow and Municipal Water Program
( "Program ") is a multi- objective flow management and water supply program.
The primary objective is to allow substantial quantities of water to flow in the
Kern River channel to protect, increase, and enhance the City's water supply;
and
WHEREAS, on September 26, 2012, the City Council of the City of
Bakersfield ( "City ") adopted Resolution No. 108 -12, which certified the Final
Environmental Impact Report SCH # 2011021042 ( "Final EIR "), adopted a
Statement of Facts and Findings, and adopted a Statement of Overriding
Considerations for the Program; and
WHEREAS, the adequacy of the Final EIR was challenged in a lawsuit
entitled North Kern Water Storage District, et at v. City of Bakersfield, Tulare
County Superior Court Case No. VCU251748 [consolidated with Case Nos.
VCU251598 and VCU251535]; and
WHEREAS, on July 6, 2015, the Tulare County Superior Court issued a
Judgment Granting Peremptory Writ of Mandate requiring the City to set aside
and vacate its certification of the Final EIR ( "Writ of Mandate "); and
WHEREAS, in compliance with the Writ of Mandate, the City wishes to set
aside Resolution No. 108 -12.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. Resolution 108 -12, which certified the Final EIR, adopted a
Statement of Facts and Findings, and adopted a Statement of Overriding
Considerations, is hereby vacated and declared void as required by the Writ of
Mandate.
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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
SFP 0 7 7015 by the following vote:
✓ ✓ ✓ ✓ W'/ ✓ ✓
AY COUNCIIMEMBER RNERA, MA %WELL WEIR, SMITH. HAI0.50N, SULUVAN, PARLIER
NOES: COUNCRMEMBER NOpQ.
ABSTAIN: COUNCBMEMBER NDM_
ABSENT: COUNCRMEMBER EJ DfV./
ROBERTA GAFFORD, CMIf
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 02 2015
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By
RICHARD I ER
Deputy City Attorney
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