HomeMy WebLinkAboutRES NO 110-15RESOLUTION NO. 1 1 0- 15 R4S.J` v 92+H
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD VACATING RESOLUTION NO. 029 -14,
WHICH CERTIFIED FINAL ENVIRONMENTAL IMPACT
REPORT (SCH #2008041070) AND APPROVED THE 24TH
STREET IMPROVEMENT PROJECT.
WHEREAS, on February 12, 2014, the City Council of the City of Bakersfield
( "City ") adopted Resolution No. 029 -14, which certified Final Environmental
Impact Report SCH #2008041070 ( "Final EIR "), adopted, subject to mitigation
measures, a Statement of Facts and Findings, a Statement of Overriding
Considerations, and a mitigation monitoring program, and approved the 24th
Street Widening Project with the selection of Alternative 1 (widening to the
north) as the preferred project alternative (collectively, "Project Approval "); and
WHEREAS, the adequacy of the Final EIR and the validity of the Project
Approval were challenged in a lawsuit entitled Citizens Against the 24th Street
Widening Project v. City of Bakersfield, et al, Kern County Superior Court Case
No. S- 1500 -CV- 281556, KCT; and
WHEREAS, the Kern County Superior Court will be issuing a Peremptory Writ
of Mandate requiring the City to set aside and void its certification of the Final
EIR and the Project Approval ('Writ of Mandate ") and ordering that City provide
additional information and analysis in the environmental document that clearly
discloses the reasons for selecting potentially - feasible alternatives, adequately
analyzes and discusses whether or not each of the potentially - feasible
alternatives satisfies at least one of the four threshold criteria under CEQA
Guidelines Section 15126.6, and analyzes the additional cul -de -sacs requested
by the public as a part of the project, including a description of any new
impacts on visual and historic resources; and
WHEREAS, in compliance with the Writ of Mandate, City wishes to vacate
and void Resolution No. 029 -14.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
The above recitals are true and correct.
2. Resolution No. 029 -14, which certified the Final EIR and adopted the
Project Approval, is hereby vacated and declared void as required by the Writ
of Mandate.
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Oi UNAL
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
SEP 0 2 1015 , by the following vote:
' COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PA�
YE S ER
NOES: COUNCIL MEMBER NOM.
ABSTAIN: COUNCIL MEMBER bfbn0-
ABSENT: COUNCIL MEMBER tgbmU
ROBERTA GAFFORD, PrAc
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED SEP 0 2 2015
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
ANDREW HEG6&D
Deputy City Attorney
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