Loading...
HomeMy WebLinkAboutRES NO 33-93RESOLUTION NO. 33-93 RESOLUTION OF THE CITY COUNCIL APPROVING THE KERN RIVER BIKE PATH ALIGNMENT ALONG THE CARRIER CANAL FROM MANOR STREET TO A POINT APPROXIMATELY TWO MILES EAST. WHEREAS, the Kern River Plan Element promotes the construction of a bike path along the river for the enjoyment of the people of Metropolitan Bakersfield; and WHEREAS, the Kern River Plan Element promoted the agressive investigation of funding sources to construct a bike path; and WHEREAS, the City has competed for and obtained $348,000 via the Transportation Development Act for this bike segment; and WHEREAS, funding will be jeopardized if construction does not commence prior to September 18, 1993: and WHEREAS, the City of Bakersfield and County of Kern have actively cooperated in this effort to secure an alignment along the southside of the Kern River from Manor Street to Hart Park in conformance with the Kern River Plan Element; and WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on THURSDAY, FEBRUARY 18, 1993, on the proposed extension to the Kern River bike path east of Manor Street and the mitigated negative declaration, notice of time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, for the above-described project, an Initial Study was conducted and it was deternfined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of the Negative Declarations as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 6-93 on February 18, 1993, the Planning Commission recommended approval and adoption of the bike path extension as shown in Exhibit "B" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and ;D OFtlOINAL 2 WHEREAS, the Council has fully considered the erosional problems associated with construction of the bike path in close proximity to the bluffs; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, MARCH 24, 1993, on the proposed extension to the existing bike path east of Manor Street, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. The proposed project will not have a significant adverse effect on the environment. 4. The proposed project will be compatible with existing and future development in surrounding areas and the project area. 5. The bike path, because of fencing proposed, will not be detrimental to the privacy to property owners adjacent to the path. 6. Canal maintenance activities will not be significantly disrupted by the bike path location. 7. The path is located in a fashion which will not unduly disrupt the existing equestrian use of this area. 8. Locating on the banks of the Carrier Canal will mean periodic closure of the bike path for canal maintenance. 9. That even though the bike path is located on the south side of the canal bank, potential hazards will be ~nitigated by fencing, retaining walls or other engineering design. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. ORIGINAL 3 2. The Negative Declaration for the bike path east of Manor Street is hereby approved and adopted subject to the mitigation measures shown in Exhibit "A". 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, including the Biological Inventory and Sensitivity Study by Dames and Moore and the Bike Path Alignment study by Quad Engineering, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts the bike path alignment as shown in Exhibit "B" and as described in Exhibit "C" subject to the conditions of approval and mitigation measures in Exhibit "A". 5. This bike path is an implementation measure of the Kern River Plan Element and is therefore consistent with that element. ORIGINAL 4 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 ~AR ~) 4 ~93 by the following vote: AYES: COUNCILMEMBERS; L~DWARO$, OeMOtd; ~MITH, BRUNNI KANE, McDER~ N~S' ~UNCILMEMB~R~ ~ ~LVAG~ ~NT ~UNCILME~ERS~ '~0 ~ e ~ AIN COUNCILMEM~RS. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~AR 2 4 1~ MAYOR of the City of Bakersfield APPROVED as to form: ENCE ~(4. LUNARDINI TTOI~NEY of the City of Bakersfield pit res\rkrbp.cc ORIGINAL Exhibit "A" Conditions of Approval Kern River Bike Path In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield tfabitat Conservation Plan. The following mitigation measures are recommended to offset potential impacts of the prnject on threatened and endangered species: Prior to commencement of any grading or construction at the project site, the City of Bakersfield shall pay the required Mitigation Fee for each gross acre within the secondary floodway to be impacted by the bike path extension east of Manor Street. This fee is calculated (under the current $680/acre fee) as $2,380, based on the 3.5 acres wilhin the secondary floodway. The fee shall be held in trust for payment of ItCP development costs and habitat mitigalion as identified in the MBHCP. Prior to any disturbance within the primary floodplain arelt, the City of Bakersfield will enter into formal consultation with the USFWS and CDFG for the purpose of determining acceptable levels of mitigation and, if required, compensation. Consultation may result in the requirement for either separate FESA Section 10(a) and CDFG Section 2081 agreements. Consultation with the CDFG will determine Icyels of mittgallon and, if required, compensation for take of state-listed animal species in the primary floodplain, and take of state-listed species outside of the primary floodplain if those species are not covered by the MBHCP. Within 60 days prior to initiation of field work or as directed by USFWS or ('DFG, the City of Bakersfield shall hire a qualified biologist acceptable to both CDFG and USFWS to conduct pre- activity surveys to re-inventory the lands that will be subject to modification for the occurrence of threatened and endangered species. The inventory shall be conducted by a qualified biologist with prior inventory experience lbr the San Joaquin kit fox. This is necessary to implement protection measures described below. Fenced exclusion zones shall be established by a qualified biologist around all kit fox dens that can be avoided bul may be inadvertently impacled by project activities. Exclusion zone fencing shall consist of either large flagged stakes connected by rope or cord, or survey laths or wooden stakes prominently flagged with survey ribbon. Each exclusion zone shall be roughly circular in configuration with a radius of the following distance measured outward from the den or burrow entrances: polential kit fox den: 50 feet known kit fox den: 100 feet kit fox pupping den: 150 feet All San Joaquin kit fox dens previously determined to bc known dens, as well as, any other known dens identified within the project impact area shall be monitored to determine the current status. The activity status will be determined by monitoring the den entrance utilizing a tracking medium (sifted flour or equivalent) for three nights. If monitoring reveals current den utilization by kit fox, the den entrance will be monitored for at least five consecutive days from the time of observation. During this time, use of the den will bc discouraged by partially plugging the entrance with soil in a manner thal will allow animals to escape. Following the blocking effort, the unoccupied den will be excavated as described below. Exhibit "A" Kern River Bike Path Page 2 Any known and potential kit fox dens located within the specified dislurbance zone which shall be unavoidably destroyed by the proposed project shall be excavated pursuant to conditions described below to the onset of ground disturbing activities. Excavation of kit fox dens shall not proceed without authorization from USFWS and CI)FG. Destruction of a potcnfial kit fox den may proceed without prior notification of the USFWS if no current or previous use of the den by kit lk)xcs is known, as determined by a qualified biologist. ttowever, if any den thought to be a potential den is determined during excavation to be a currently or previously used kil fox den (e.g. if fit fox sign is found inside), the USEWS will be notified immediately of the change in status. In the event that thc USFWS and UI)FG concur that a San Joaquin kit fox den will be unavoidably destroyed by planned project actions, the following proccdurcs shall be implemented: Prior to the commcncemcnt of construction activities, the subject den shall be carefully excavated using hand tools either by a qualified biologist or under the direct supervision of a biologist to ensure that no animals are trapped or injured. Any kit foxes in residence shall be allowed to c~apc unimpeded. The den shall bc completely excavated und then refilled and compacted to prevent future use of the site by resident animals. 10. Documentation of the den loss shall be conveyed in writing to the USFWS, Sacramento Eield Office, and to the CDFG Fresno and Sacramento Field Offices. 11. To protect female kit foxes and their pups during the breeding season, no development activities likely to result in incidental take of kit foxes and no excavation of kit fox dens shall be permitted on the site between January 1 to April 30, if biological surveys conl~.~rming 1o USk~/S minimum survey recommendations demonstrate the presence of kit foxes on the project site. Minimum survey recommendations for the period from January 1 to April 30, and for one calendar week preceding January I, shall consist of seven consecutive nights of negative survey results where methods including spotlighting, scent stations, and placing of tracking medium at all known and potential kit fox dens on the subject property. This shall be enforced unless: Subsequent surveys demonstrate that kit foxes have vacated the property on their own without any deliberate human disturbance within 100 feet of or directly Io kil fox dens. Circular exclusion zones of If10 feet in radius are staked and flagged around all known and potcntial kit fox dens on the project area. Development could then proceed on the balance of the project area thut is outside these exclusion zones. Survey information collected by a qualified wildlife biologist indicates that incidental take of kit foxes resulting from den excavations should not occur, provided that such information is presented in writing to the Service's Sacramento Field Office and the Service concurs in writing. Results of survey informafion referenced in this section should also be presented in writing to the Department of Fish and Game, Region 4, Environmenial Services Supervisor, and CDFG concurrence required. p:bp.cr ORIGINAL BIKE PATH EAST OF MANOR STREET EXHIBIT B EXHIBIT "C" City of Bakersfield Bike Path East of Manor Street A strip of land 20.00 feet in width being a portion of Sections 9, 16, 17 and 18 in Township 29 South, Range 28 East, M.D.M., City of Bakersfield, County of Kern, State of California, the center line of said strip being described as follows: Beginning at a point on the Northeast right of way of Manor Street distant North 24'59'37" West 298 feet from the point of intersection of said line with the northwesterly right of way line of the Carrier Canal in the Southeast 1/4 of said Section 18; THENCE (1) Departing from said Manor Street right of way line, South 65'00'23" West, 10.00 feet; THENCE (2) South 24'59'37" East, along a line parallel with said Manor Street right of way line, 298 feet to the beginning of a 75 foot radius curve concave northerly; THENCE (3) Southeasterly along said curve through a central angle of 28'00'00" an arc distance of 36.65 feet; THENCE (4) South 52'59'37" East, 120 feet crossing said Carrier Canal to a point on the southeasterly side thereof, said point being the beginning of a 60 foot radius curve, concave northerly; THENCE (5) Easterly along said curve, through a cental angle of 95'00'00" an arc distance of 99.48 feet; THENCE (6) North 32'00'23" East, 175 feet (±) center line of the existing southeasterly canal Carrier Canal; to a point on the bank levee of the THENCE (7) Northeasterly, and easterly along said levee center line, 6190 feet (±) to a point 425 feet westerly of the south end of the existing weir/bridge crossing the canal in the northeast 1/4 of said Section 17; THENCE (8) North 52'00'00" East, 150 feet Canal to a point on the center line of levee on the northerly side thereof; (±) crossing said Carrier the existing canal bank THENCE (9) Easterly and northeasterly along said levee center line, 4265 feet (±) to a point which bears southwesterly in a direct line, 210 feet from the west end of the existing weir/bridge structure crossing the carrier canal in the Southeast 1/4 of said Section 9; 1 ORIGINAL THENCE (10) Northeasterly along a tangent curve concave southeasterly, having a radius of 75 feet, through an undetermined central angle, to a point of tangency on a line which bears North 74'00'00" East; THENCE (11) North 74'00'00" East, 225 feet (±) to a point on the City of Bakersfield Corporate boundary line which intersects the County of Kern Equestrian and Bicycle Trail as established by County Road No. 1901. The side lines of said strip shall be extended or diminished as necessary to begin on said Manor Street right of way line and terminate on said corporate boundary line. EXH 31193 RTY:wrn 2 ORI~IN,4L