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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. onHe - 0000o-- 9T 0 S\COUNCIL \Rrru- \ISId \Vm Reb I W12 EIRK. RNY RaY.OxY ORIGPVAL — Page I of 2 Pages — 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 RIAII S.\COUN L \R \ISId \V.R 1M12EIRKam WIFb.O -- Page 2 of 2 Pages — aAYF 9m %> o O -!GRAL