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
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OFtlOINAL
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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.
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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.
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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
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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.
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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;
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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
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