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.
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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
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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:
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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
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