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HomeMy WebLinkAboutRES NO 09-86COUNCIL RESOLUTION NO. 9-86 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERS- FIELD DECLARING IT HAS REVIEWED, EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL E.I.R. FOR THE KERN RIVER CHANNEL MAINTENANCE PRO- GRAM FOR THE CITY OF BAKERSFIELD, MAKING FINDINGS, AND CERTIFYING THAT SAID FINAL E.I.R. HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA EN- VIRONMENTAL QUALITY ACT, THE STATE E.I.R. GUIDE- LINES AND CITY COUNCIL RESOLUTION NO. 132-83. WHEREAS, it is proposed that the Kern River be maintained; and WHEREAS, it is proposed that the flood flow capacity of selective sand and vegetation removal is the safest, most efficient and most cost effective method of maintaining an unobstructed river bed; and WHEREAS, a Draft Environmental Impact Report on this proposal was prepared by the City of Bakersfield under contract with a consultant, circulated and distributed in accordance with the requirementsof law and applicable regulations; and WHEREAS, public and private agencies and individuals sub- mitted written comments on the Draft E.I.R. as listed in the conunents and responses; and WHEREAS, a duly noticed public hearing was held and con- ducted by and before the City of Bakersfield Planning Commission in accordance with procedures required by City Resolution No. 132-83, on November 21, 1985, at which hearing the public was entitled to comment on the Draft E.I.R.; and WHEREAS, the City has responded in writing to all significant points raised by the public and private agencies and individuals in the review and public hearing process, and the Final E.I.R., consisting of the Draft E.I.R. and comments and recommendations received on the Draft E.I.R., was placed on the agenda of the regular meeting of the Planning Commission on December 19, 1985, for evaluation and consideration by said Commission; and WHEREAS, at said meeting on December 19, 1985, the City of Bakersfield Planning Commission evaluated and considered the Final Environmental Impact Report, and by its Resolution No. 162-85, adopted December 19, 1985, recommended to the City Council that the Final E.I.R. be certified as completed in compliance with the California Environmental Quality Act, the State E.I.R. Guidelines, and City of Bakersfield Resolution No. 132-83; NOW, THEREFORE, THE COUNCIL OF THE CITY OF BAKERSFIELD HEREBY DETERMINES, FINDS AND RESOLVES AS FOLLOWS: 1. The above recitals are true and correct. 2. That the Final E.I.R. dated December 1985, including City responses as an appended document, has been re- viewed, evaluated and considered by the City Council. 3. That the Final E.I.R. has been completed in compliance with the California Environmental Quality Act, the State E.I.R. Guidelines and City of Bakersfield Resolution No. 132-83. 4. That the Final E.I.R. is an accurate and objective dis- cussion of the proposed project and adequately dis- cussed and described the environmental considerations and mitigation measures. 5. That the various alternatives to the project, including "no project", have been considered in the Final E.I.R. 6. That the total of all mitigation measures identified in the Final E.I.R. is sufficient to minimize anticipated en- vironmental impacts, and that no significant adverse en- vironmental effects will result from the project. 7. That in consideration of the above statements and findings, the City Council finds the following: 1) The Final Environmental Impact Report be certified as adequate and complete, including information contained in this Resolution; and 2) The Final Environmental Impact Report is in compliance with the California Environmental Quality Act, State E.I.R. Guidelines and the City of Bakersfield Re- solution No. 132-83. .......... ooo .......... -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at the regular meeting thereof held on the 8th day of January 1986 by the following roll call vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 8th day of January , 1986 MnYOR of the City of Bakersfield APPROVED as to form: of Bakersfield -3- EXCERPT OF PLANNING COMMISSION MINUTES OF DECEMBER 19, 1985: CERTIFICATION OF FINAL EIR FOR KERN RIVER CHANNEL MAINTENANCE PROGRAM The Planning Commission has reviewed the comments and responses which were mailed to commissioners and commentors on December 12, 1985. The staff report included in the agenda packet was considered but not read aloud. Mr. Harry Tow, Quad Consultants, who prepared the EIR distributed a new map 2.4 which corrected a minor drafting error. Mr. Arthur Unger, Sierra Club, referred to letters which had been filed by Sharon Moon, Bill Cooper, and Gordon Nipp. He wanted to be sure they had received consideration. He pointed out that vegetation in secondary floodplains is beneficial and the important thing is that channel main- tenance be done right. Mr. Tow assured him that those comments were very useful in development of the EIR. Mr. Bill Assesserson, Department of Fish and Game, referred the Commission to comments he had submitted and said he shared the concern of others rela- tive to the islands and riparian habitat. It was moved by Commissioner Rust, seconded by Commissioner Weaver, to cer- tify the Draft and Final EIR as adequate and recommend same to the City Council. Motion carried unanimously. There being no further business to consider the Planning Commission adjourned at 9:23 p.m. Respectfully submitted, DEWEY SCE~A~_ES, Secretary PlanningDirector RESOLUTION NO. 162-85 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND RECOM- MENDING CERTIFICATION BY THE CITY COUNCIL OF THE FINAL E.I.R. FOR THE PROPOSED KERN RIVER CHANNEL ~LAINTENANCE PROGRA~. WHEREAS, it is proposed that the flood flow capacity of the Kern River be maintained; and WHEREAS, it is proposed that selective sand and vegetation removal is the safest, most efficient and most cost effective method of maintaining an unobstructed river bed; and WHEREAS, a Draft E.I.R. on this ~rooosal was oreDared by the City of Bakersfield under contract with a consultant, cir- culated and distributed in accordance with the reauirement of law and a~Dlicable regulations; and WHEREAS, ~ublic and private aqencies and individuals sub- mitted written comments on the D.E.I.R. as listed in the comments and responses; and WHEREAS, a duly noticed oublic hearing was held and con- ducted by and before the City of Bakersfield Planning Commission in accordance with procedures required by City Resolution No. 132-83, on November 21, 1985, at which hearing the public was entitled to comment on the D.E.I.R.; and WHEREAS, the consultant has responded in writing to all significant points raised by the public and private agencies and individuals in the review and public hearing process and the Final E.I.R., consisting of the D.E.I.R. and comments and re- commendations received on the D.E.I.R. was ~laced on the agenda of the regular meeting of the Planning Commission on December 19, 1985 for evaluation and consideration by said Commission; and WHEREAS, the City of Bakersfield Planning Commission, has found that significant environmental effects raised in the E.I.R. have been eliminated or substantially lessened and that unavoidable effects have been found acceptable making additional mitigation or alternatives to the ~roject infeasible and that no significant adverse environmental effects will result from the proposal. Now, therefore, the Planning Commission hereby determines, finds and resolves as follows: 1. The above recitals are true and correct. 2. That the F.E.I.R. dated December 1985, including City responses as an appended document, has been reviewed, evaluated and considered by the Planning Commission. 3.That the F.E.I.R. has been completed in compliance with the California Environmental Quality Act, the State E.I.R. Guidelines and City of Bakersfield Resolution No. 132-83. 4. That the F.E.I.R. is an accurate and objective dis- cussion of the proposed Droject and adequately dis- cussed and described the environmental considerations and mitigation measures. 5. That the various alternatives to the project, including "no project" have been considered in the F.E.I.R. 6. The total of all mitigation measures identified in the F.E.I.R. is sufficient to minimize anticipated environ- mental impacts. 7. That in consideration of the above statements and findings, the Planning Commission recommends to the City Council the following: 1) The F.E.I.R. be certified as adequate, including in- formation contained in this Resolution; and 2) The F.E.I.R. is in compliance with the California Environmental Quality Act, State E.I.R. Guidelines and the City of Bakersfield Resolution No. 132-83. I hereby certify that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at the regular meeting thereof held on the 19th day of December 1985 by the following roll call vote: -2- Ayes: Commissioners Patrick, RuSt, Weaver, Milazzo Noes: None Absent: Commissioners Camp, Cohn, Gronbeck DATED DECEMBER 19, 1985 PLANNING CO_VhMISSION OF THE BAKERSFIELD eWepl an~in!eDiree ~~~y -3-