HomeMy WebLinkAboutRES NO 223-03 223-03
RESOLUTION NO.
A RESOLUTION APPROVING THE NEGATIVE
DECLARATION, THE MILL CREEK PROJECT, AND THE
COMMON USE AGREEMENT WITH KERN DELTA
WATER DISTRICT.
WHEREAS, it is the desire of the Cit7 of Bakersfield to revitalize the Old
Town Kern-Pioneer and Southeast Bakersfield redevelopment project areas; and
WHEREAS, the Mill Creek Project has been identified as a catalyst for
revitalization in parts of the Old Town Kern-Pioneer and Southeast Bakersfield
redevelopment project areas; and
WHEREAS, the Mill Creek Project will be located along approximately 1.5
miles of the Kern Island Canal between Golden State and California avenues; and
WHEREAS, for the above-referenced project, it was determined that a
Negative Declaration was adequate for the project; and
WHEREAS, it was also found that there will not be a significant
environmental impact from the proposed project; and
WHEREAS, at the two (2) public meetings on September 25, 2003 and
September 29, 2003, the Mill Creek Project was discussed with the general public; and
WHEREAS, a workshop presentation was made to the City Council on
November 19, 2003, to discuss the Mill Creek Project; and
WHEREAS, the City Clerk of the City of Bakersfield in accordance with
the provisions of Section 65353, of the Government Code gave notice of the time and
place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation, and to property owners 300 feet surrounding the project area; and
WHEREAS, for the above-described project, and Initial Study was
conducted and it was determined that the proposed project would not have a significant
effect on the environment and a Negative Declaration was prepared; and
WHEREAS, the laws and regulations relating to the preparation and
adoption of 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
WHEREAS, prior to the development of any public facility on 17th Street
between "R" and "S" streets, it will be necessary to vacate vehicular access rights on
17~h Street between "R" and "S" streets; and
WHEREAS, in order to get the State of California Grant funding the City
Council needs to adopt a resolution supporting and approving the Mill Creek Project;
and
WHEREAS, it is necessary to have a Common Use Agreement with the
Kern Delta Water District; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code conducted and held a public
hearing on Wednesday, December 10, 2003 on the Mill Creek Project, notice of time
and place of the hearing having been given.
NOW, THEREFORE, BE IT RESOLVED and found by the City Council for
the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein.
2. The Negative Declaration for the Mill Creek Project is hereby approved
and adopted.
The Council hereby orders the approval of the Mill Creek Project
located between Golden State and California avenues, along the Kern
Island Canal in the City of Bakersfield, County of Kern, State of
California, more particularly shown in Exhibit "1" attached hereto and
made a part hereof by this reference.
Staff is directed to pursue grant monies to construct the Mill Creek
Project between Golden State and California avenues as shown on
Exhibit "1 ".
The City Clerk shall certify to the passage of this Resolution and shall
cause a certified copy thereof, attested by the Clerk under seal of the
City, to be recorded in the Office of the County Recorder of the
County of Kern, California.
6. The City Council also approves the common use agreement with Kern
Delta Water District (Exhibit "2").
.......... o0o ..........
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
DEC 1 0 ZO0~ by the following vote:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNClLMEMBER
COUNCILMEMBER
NOES:
ABSTAIN:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC ~. 0 2003
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City A~om.,~
City Attorney
Attachments: Exhibit 1 - Mill Creek Project Concept Plan
Exhibit 2 - Common Use Agreement
Exhibit 3 - Staff Response to Graham Vaage Letter
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EXHIBIT "2"
AGREEMENT NO.
AGREEMENT FOR COMMON USE OF KERN ISLAND CANAL
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a municipal corporation ("CITY" herein), and
KERN DELTA WATER DISTRICT, a California water district, organized and existing
under the provisions of Division 13, Sections 34,000 et seq., of the California Water
Code, ("KERN DELTA" herein).
RECITALS
WHEREAS, KERN DELTA is owner of that portion or reach of the Kern Island
Canal and underlying right-of-way, extending from Golden State Highway "204"
southerly to California Avenue within the incorporated boundaries of the City of
Bakersfield, County of Kern, California (hereinafter referred to as "Kern Island Canal"),
the location of which is depicted in attached EXHIBIT "A"; and
WHEREAS, currently the ownership, operation, maintenance and all expenses of
transporting water through the aforementioned reach of the Kern Island Canal are the
responsibility of KERN DELTA; and
WHEREAS, CITY desires to construct a linear park (the boundaries of which are
shown in EXHIBIT "B") consisting of pedestrian and biking trails, landscaping and
monuments referenced to the Kern River Flour Mills that were located on the Kern
Island Canal near Truxtun Avenue (previously known as Railroad Avenue) and "R"
Street ("Mill Creek" herein). The park will be constructed adjacent to both sides of the
Kern Island Canal and will require the reconstruction of said reach of the Canal; and
WHEREAS, KERN DELTA desires to maintain all of its rights, title and interest
in and to the Kern island Canal, and its existing capability to transport water; and
WHEREAS, KERN DELTA will benefit and derive cost savings from the
reconstruction of the Kern Island Canal due to subsequent CITY assumption of
operations, maintenance and liability expenses associated with this reach of the Kern
Island Canal, as more fully described below; and
WHEREAS, KERN DELTA consents to said construction of the Mill Creek in and
upon the Kern Island Canal right of way, the reconstruction of the Kern Island Canal,
and CITY's utilization of said right-of-way for construction, operation and maintenance
of the Mill Creek, upon the terms and conditions herein set forth.
NOW, THEREFORE, incorporating the foregoing recitals herein, KERN DELTA
and CITY hereby agree as follows:
1. MILL CREEK. The proposed Mill Creek element plan view and typical
cross section is attached as EXHIBIT "C". In general, the project is to restructure the
canal cross section to widen and shallow the canal to create a more natural streamlike
water element and construct pedestrian and biking trails along the canal. The pathways
and trails with landscaping, security lighting and monuments leads to a focal point of a
re-constructed water wheel in replica of the type historically used in the historic Kern
River Flour blills. CITY agrees, at its own expense, to design, construct, operate and
maintain the Mill Creek and to reconstruct that portion of the Kern Island Canal and
appurtenances necessary to the project and, to the extent the Kern Island Canal is
reconstructed or disturbed, to improve it to allow 475 cfs of capacity to the satisfaction
of KERN DELTA. The tower portion of the Kern Island Canal shall have 460 cfs
capacity, and the upper portion shall have 15 cfs capacity. CITY will provide KERN
DELTA with engineering and hydraulic analysis of the Kern Island Canal modifications
incorporating the Mill Creek project. Said design, engineering, hydraulic analysis,
construction and areas of use shall be subject to approval, in writing, by KERN DELTA,
and shall not cause an increase in evaporation or seepage losses to KERN DELTA. All
improvements constructed as part of the Mill Creek that may have an effect on KERN
DELTA's operations of the canal shall be subject to KERN DELTA's prior written
approval, including approval of the construction plans and specifications for the Mill
Creek project.
2. COSTS AND EXPENSES. CITY agrees to pay all costs associated with
the planning, construction, operation, maintenance and repair of said Mill Creek and the
reconstruction of the Kern Island Canal. CITY agrees to construct, operate, maintain
and repair the Mill Creek in a manner which will not interfere with KERN DELTA's use of
the Kern Island Canal. KERN DELTA agrees to use its best efforts and to cooperate in
assisting CITY with its construction work by advance planning and scheduling of its
Kern Island Canal use requirements, but KERN DELTA shall not be required to curtail
its use of such canal if deemed necessary. After notification to CITY of a scheduled
shutdown KERN DELTA shall not during such shutdown period, utilize that portion of
the canal except by emergency declaration of Kern Delta or acts of God. CITY shall if
requested by KERN DELTA provide other means, subject to approval by KERN
DELTA, for the purpose of continuing KERN DELTA's distribution of water during the
period of construction, operation, maintenance and repair of said Mill Creek. It is
agreed that CITY shall own the Mill Creek facilities constructed pursuant hereto but
shall not own or have any interest in and to the Kern Island Canal or any of its
appurtenances, even to the extent City constructs or reconstructs same and the nature
and utility of KERN DELTA's right-of-way and easement shall not be diminished or
restricted by construction of the Mill Creek.
3. CONSTRUCTION COSTS. CITY shall pay the entire cost of Mill Creek
construction, the reconstruction of the Kern Island Canal, and any repairs, of any portion
of the Kern Island Canal that is disturbed as a result of the design, construction,
operation, maintenance or repair of the Mill Creek, includin9, but not limited to, the costs
incurred for all labor, materials, engineering, inspection, technical review, and other
necessary services in connection therewith. KERN DELTA agrees to allow construction
within normal shut-down periods of the Kern Island Canal and further agrees to allow
construction upon adequate re-routing of water that would, as determined by KERN
DELTA, absent this Agreement, be placed in the canal, usin9 CITY or other facilities at
no cost.
4. OPERATIONS AND MAINTENANCE CITY agrees to pay all costs
and expenses associated with CiTY's operation of the Mill Creek and shall operate at
CITY's cost and expense that portion of the Kern Island Canal within the Mill Creek,
including either directly or indirectly, all of the construction, operation, and maintenance
costs. For purposes of this Agreement, construction, operation, maintenance and repair
of the Mill Creek shall include, but not be limited to, planning, preparation of the Kern
Island Canal for construction of the Mill Creek, actual construction of the Mill Creek,
maintenance, repair and all costs associated with the deterioration and/or damage to
the Kern Island Canal as a result of said Mill Creek or use thereof. Further, CITY hereby
agrees to pay all costs associated with the modification or removal of Mill Creek
facilities and repair of said Mill Creek facilities. For purposes of this Agreement,
modification or removal of Mill Creek facilities shall include, but not be limited to; the
removal and replacement of fencing or landscaping along the banks of the Kern Island
Canal or unforeseen emergency maintenance activities. CITY shall at all times maintain
and repair, to KERN DELTA's satisfaction, all portions of the Kern Island Canal located
within the Mill Creek, and shall promptly, within 30 days, reimburse any costs incurred
by KERN DELTA in its operation, maintenance, or repair of such portion of the canal if
CITY fails to perform to KERN DELTA's satisfaction under this Agreement.
5. GENERAL MAINTENANCE. KERN DELTA agrees not to perform
general maintenance on or to the Kern Island Canal within the Mill Creek without prior
notification to CITY. KERN DELTA shall be allowed to perform any lawful activity in and
along the Kern island Canal northerly and southerly of the Mill Creek reach as such
reach is defined in this Agreement. For purposes of this Agreement, general
maintenance could include sloping of banks, weed abatement, maintenance of right-of-
way and general upkeep of the Kern Island Canal. KERN DELTA will not be responsible
for general maintenance where damage is caused to Mill Creek facilities or that portion
of the Kern island Canal within the Mill Creek. It is the intent of the parties hereto that
CITY shall be responsible for all general maintenance costs of the Mill Creek and that
portion of the Kern island Canal within the Mill Creek.
6. SPECIAL MAINTENANCE. CITY agrees to perform and be responsible
for all costs associated with special maintenance of the Mill Creek and that portion of
the Kern Island Canal within the Mill Creek. No special maintenance shall occur until
CITY and KERN DELTA agree in writing. For purposes of this Agreement, special
maintenance shall include the following:
Fencing shall include the repair and replacement of any newly
constructed or existing fencing along said reach of the Kern Island
Canal.
Structures shall include major repairs and replacement of all or
any portions of weirs, head gates, or special facilities required due
to the installation of the Mill Creek located within the Kern island
Canal.
Dredging/Shelf Work shall include dredging and shelf work within
the Kern Island Canal resulting from the accumulation of sand or
debris within, or caused by, the Mill Creek.
Act of God shall include any repair or maintenance of the Mill
Creek element of the Kern Island Canal caused by an act of God,
which shall include but not be limited to, fire, flood, earthquake,
mudslide, temperature extremes, wind or other unforeseen
circumstances.
Intentional or Negligent Acts of Third Parties shall include all
acts of third parties that cause damage to the Milt Creek portion of
the Kern Island Canal.
7. WEED CONTROL.
apply aquatic or other herbicides,
maintenance.
Upon 5 days notice to CITY, KERN DELTA may
or other water additives for purposes of canal
8. LIABILITY AND INDEMNIFICATION. CITY hereby agrees and
undertakes to indemnify, defend with legal counsel acceptable to KERN DELTA, and
hold harmless KERN DELTA, its officers, agents, employees, contractors and
independent contractors and consultants from any and all losses, costs, expenses
(including reasonable attorneys' fees), claims, liabilities, actions or damages of any
nature whatsoever, including injuries to or the death of any person or persons or
damage to any property, in any way arising out of or connected with or incident to or
alleged to have arisen in any manner out of, or to have been in any way connected with
or incident to any act or omission of CITY, its officers, agents, employees, contractors,
subcontractors, or independent contractors in the performance of this Agreement or to
have occurred from any use of, or which is related in any manner whatsoever to the Mill
Creek or that portion of the Kern Island Canal within the Mill Creek. For purposes of
this paragraph, the performance of this Agreement shall be in full force and effect during
all periods of construction, use and existence of the Mill Creek and appurtenances
thereto.
9. CONSTRUCTION LIABILITY. It is further understood and agreed that
CITY (and not KERN DELTA, its officers, agents, employees, contractors and
independent contractors and consultants) is responsible and liable for any defective,
harmful or negligent work done by any person, entity or organization in any way relating
to the construction of the Mill Creek or that portion of the Kern Island Canal within the
Mill Creek.
10. SELF-INSURANCE. CITY represents it is self-insured and will,
throughout the term of this Agreement, maintain its insurance program. CITY warrants
that, at ail times during the term of this Agreement, it shall have and maintain workers'
compensation insurance in compliance with the Labor Code of the State of California.
11. LEGAL NOTICE. The party against whom any claim arising from any
subject matter of this agreement is filed shall give prompt notice of the filing of the claim
to the other party.
12. REASONABLE CANAL MAINTENANCE. KERN DELTA hereby agrees
to use reasonable efforts to maintain the Kern island Canal northerly of the Mill Creek in
a manner which is consistent with KERN DELTA's use of the canal
13. CANAL CARRYING CAPACITY. KERN DELTA and CITY hereby
agree this Agreement shall in no way affect, alter or modify KERN DELTA's use of the
Kern Island Canal, nor shall any portion of the project to be constructed by CITY effect
timing of deliveries, losses, or canal capacity.
14. MAINTENANCE APPROVAL. CITY shall obtain the approval of KERN
DELTA for any and all maintenance work on the Mill Creek element of the Kern Island
Canal which the CITY desires to complete. Such approval shall not be unreasonably
withheld.
15. FAILURE TO CONSTRUCT MILL CREEK. Should the Mill Creek project
not proceed, for whatever reason, then this agreement shall be void and shall have no
force and effect on the parties. The parties agree the Mill Creek is the sole reason for
the canal reconstruction and a failure by CITY to finance and construct the Mill Creek
project will nullify the purpose of this agreement. This Agreement shall not be void and
shall remain in effect to the extent any portions of the Mill Creek project are constructed
or any modifications are made to the Kern Island Canal by CITY.
16. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors and assignees;
provided however CITY may not assign, delegate, or sublet all or any part of its rights or
obligations under this Agreement without prior written permission from KERN DELTA.
17. TERM. Unless otherwise terminated or rendered void by the terms of
this agreement, the term of this Agreement shall commence on the date first set forth
above and shall terminate upon either party giving notice to the other of abandonment
of its utilization of said Kern Island Canal for the purposes herein contemplated. Upon
cessation of the Mill Creek project the improvements may be abandoned in place by
CITY or removed as required by KERN DELTA. This Agreement shall also terminate at
the option of KERN DELTA in the event CITY breaches any of its obligations under this
Agreement, but only upon first allowing CITY 30 days in which to cure CITY's breach.
Upon termination, CITY shall, at the request of KERN DELTA, restore that portion of the
Kern Island Canal within the Mill Creek to its original condition that existed prior to
construction of the Mill Creek.
18. NOTICES. All notices or other communications herein provided to be
given or which may be given by either party to the other shall be deemed to have been
fully given when made in writing and deposited with the United States Postal Service,
registered or certified, postage prepaid and addressed as follows:
Notice to the CITY shall be made to:
CITY OF BAKERSFIELD
CITY HALL
1501 Truxtun Ave.
Bakersfield, CA 93301
Notice to KERN DELTA shall be made to:
BOARD OF DIRECTORS
KERN DELTA WATER DISTRICT
501 Taft Highway
Bakersfield, CA 93307
Notice shall also be deemed received when served upon the CITY Clerk or
KERN DELTA'S gene.ral manager, personally.
19. WAIVER OF DEFAULT. The failure of any party to enforce against
another a provision of this Agreement shall not constitute a waiver of that party's right to
enforce such a provision at a later time, and shall not serve to vary the terms of this
Agreement.
20. GOVERNING LAW. Any lawsuit pertaining to any matter arising under,
or growing out of, this contract shall be instituted and maintained according to California
law.
21. MERGER AND MODIFICATION. This contract sets forth the entire
Agreement between the parties and supersedes all other oral or written representations
relating to the placement of the Mill Creek over the aforementioned reach of the Kern
island Canal. This contract may be modified only in a writing approved by the Board of
Directors of KERN DELTA and the CITY Council and signed by all the parties.
22. CORPORATE AUTHORITY. Each individual executing this Agreement
represents and warrants they are duly authorized to execute and deliver this Agreement
on behalf of the corporation or organization, if any, named herein and that this
Agreement is binding upon said corporation or organization in accordance with its
terms.
23. INDEPENDENT CONTRACTOR. CITY shall not become or be deemed
a partner or joint venturer with KERN DELTA or associate in any relationship with KERN
DELTA by reason of the provision of this Agreement. KERN DELTA and its employees
shall not for any purpose be considered agents, officers or employees of CITY, nor shall
CITY or its employees be considered for any purpose agents, officers, or employees of
KERN DELTA.
24. CONSTRUCTION AND INTERPRETATION. The parties understand
and acknowledge that CITY desires to construct a park adjacent to a KERN DELTA
canal and requires the cooperation of KERN DELTA for the park's completion. KERN
DELTA is willing to cooperate with the CITY. Therefore, this agreement shall for all
purposes and at all times be construed and interpreted (1) so that KERN DELTA shall
suffer absolutely no liability, expenses, difficulties, or costs with respect to or arising
from CITY's peri(, its effect upon the Kern Island Canal, or that portion of the Kern
Island Canal within the park and (2) KERN DELTA's rights regarding water or the Kern
Island Canal are not affected in any way by this Agreement and KERN DELTA may
operate its canal, now and in the future, as it deems necessary or appropriate.
25. ASSESSMENTS. No assessments or charges of any type shall be
levied or imposed upon KERN DELTA for the operation of maintenance of the Mill
Creek, or any improvements relating thereto.
26. WILDLIFE HABITAT. CITY shall take no action to introduce any wildlife
or protected plant species into the Mill Creek, and shall actively prohibit the introduction
of such animals or plar~ts. CITY shall reimburse KERN DELTA for any and all costs or
expenses suffered by KERN DELTA, directly or indirectly, related to this issue, including
costs or expenses associated with governmental or administrative agencies.
27. WATER QUALITY. KERN DELTA makes no claim or assurances as to
the quality of the water in the Kern Island canal. CITY understands the water in the
canal, from the Kern River and other sources, is untreated and not fit for human
consumption. CITY assures KERN DELTA that water traversing the Kern Island canal
through the Mill Creek project shall be solely for aesthetic reasons and no other purpose
whatsoever.
//// ////
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CIT'Y'
"KERN DELTA"
CITY OF BAKERSFIELD
By:
HARVEY L. HALL
Mayor
KERN DELTA WATER DISTRICT
J .'~TAN LE'~ANTOI~ GIOVANNI
Title President
By: DAVID C~
Title: Secretary
MORE SIGNATURES ON FOLLOWING PAGE
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
/ALAN~ANI_E~
--~ Deputy City Attorney
Insurance:
APPROVED AS TO FORM
McMURTREY, HARTSOCK
& WORTH
APPROVED AS TO (~ONTENTS:
WATER RESOURCES DEPARTMENT
GENE BOGART
Water Resources Manager
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
Attachments: Exhibit "A"
Exhibit "B"
Exhibit "C"
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EXHIBIT "3"
Response to Correspondence from Graham Vance & Cisneros
Names those in opposition - noted.
Author requests preparation of environmental impact report, "full" community
participation, and states Mill Creek is not a legally prescribed project! Fails to state what
inadequacies exist in document. Fails to state how public participation was not achieved
during two public workshops, newspaper articles, newspaper notification, individual
property owner notification, television news reports or the public hearing at the City
Council or the televised workshop on the Mill Creek Project. Author's argument is
completely without merit regarding public participation.
Opposition is based on an argument that there are other projects in the area that are
current, planned or "projected" intended to operate in conjunction with each other in the
same defined community, and therefore, a Negative Declaration is needed. See answer
to D.
Author states, the "Negative Declaration is not adequate because these other projects
were not considered cumulatively". This is the basic argument, that it is alleged there are
many other "projects" in the area and that they should be looked at "together". The
author is mixed up; some of these projects are existing developments and are not
required to be added to a cumulative project list and some are projects which are no
longer planned future projects like the baseball stadium. Keeping in mind that the Mill
Creek Project essentially is putting rocks in an existing canal, adding a sidewalk to an
existing canal and constructing a replica mill - hardly a project with any significant
environmental impacts. A review of the nine "other" projects as listed by the author's
reveals the following:
Aquatic and ice rink facilities at 13th, 14th, "Q" Street and "N" Street under
construction, part of environmental impact report prepared for the City Center
Project.
180 units of iow-income tax credit senior housing at California Avenue and "N"
Street. Ground breaking has already occurred. Part of environmental impact
repod prepared for the City Center Project.
74 homes at "R" Street and 21st Street - Negative Declaration prepared for this
project.
Multi-screen theatre - California Avenue at 14th Street. Concept project, location
to be determined in downtown area if materializes.
100 housing units at 1400 "Q" Street. Concept project, location to be determined
in downtown area if materializes.
6. 60 units housing at California Avenue & 14 Street. (No longer a project).
Several thousand square feet of commercial uses part of Bakersfield - City Walk
Project - concept only, note: Several thousand square feet represents one sit
down restaurant, inconsequential environmental impact.
Response to Correspondence from Graham Vance and Cisneros
December 1, 2003
Page 2
8. Baseball stadium. (No longer a project).
9. High speed transportation - conceptual only, actual decision on a location is
years away.
This list forms the basis for the author's argument. The biggest project (i.e.,
stadium) is no longer a "project". No one is moving forward on it in any way.
Others (high speed rail terminal, theatre, and housing) are so conceptual as to be
meaningless for environmental analysis.
Author misrepresents status of cases (not even close to accurate) and fails to actually
make any argument based on evidence. (i.e., traffic counts, LOS level, air quality
thresholds, noise...anything). States the Mill Creek Project "eviscerates" a five acre
parcel owned by H.W. Lakeshore Pines Joint Venture. This is incorrect. The author fails
to understand all work is within the right-of-way of the canal. Not on his clients property
(only in their easement).
Author is incorrect when adding existing development to a cumulative project lists for
environmental analysis. Using that "logic" one could add the entire existing downtown to
every new downtown project. There is no basis in environmental law (or case law) to
support this argument. Most of the "vacant" property mentioned no longer has viable
projects on them (like the baseball stadium). Author's say the words (significant impact)
but utilizes no data to support the words.
The Mill Creek Project does stand alone. It is an independent project which will move
forward regardless of any other project (real or imagined).
Hydrology is virtually the only real issue when altering an existing canal with in an
existing canal right-of-way. No other public agency agrees with the author that this may
not be the case. Author makes no logical argument.
Criticizes mandatory findings of significance as "boiler plate" and offers no argument as
to why the Mill Creek Project may have significant cumulative impacts. See answer to C
and D above.
Author now argues the opposite of what he did previously. First, he lists various
residential projects within the area, and then argues the Mill Creek Project itself would
preclude some residential development and this loss might impact housing stock for the
City?t We build more than 300 dwelling units monthly and as the author points out (see
page 2 & 3 of Graham Vance & Cisneros letter) there are other residential projects in the
area.
Author misrepresents the Mill Creek Project as a commercially used area. The same
argument could be used for Central Park. This argument makes no sense, and is not
supported by the author. The project is a recreational facility.
This is an infill project. It is completely surrounded by development. It is a continuation
of the pattern of development in the area, the canal already exists. There will be more
people (hopefully) in the area (walking, etc.); there will be more structures (water
structures, road improvements and the mill itself) and more maintenance. The question
is, will the impacts be significant? No it will not and the author offers no argument to the
contrary.
Response to Correspondence from Graham Vance and Cisneros
December 1, 2003
Page 3
N.
O.
P.
Author has CEQA law backwards, impacts to the project are meaningless. CEQA
evaluates project impacts to the environment not the other way around.
Same inadequate cumulative impact argument. Author misspells the word aesthetics.
Conclusionary comment, offers no new argument.
Staff agrees with Author on definition of project, reciting various elements. Author
makes no argument here.
Mill Creek Project is not dependant upon or linked to other projects. It is a stand alone
project that will be built regardless of the status of any other "project" listed by the
Author.
Author's state "significant addition burden" on Kern Island Canal. Kern Delta
owner/operator of the canal disagrees with the author's and has entered into an
agreement with the City permitting the Mill Creek Project. Author claims project
"burdens" H. W. Lakeshore Pines Joint Ventures underlying and adjacent property
interests. How? In what way will modification of the existing canal burden Author's
property? Water runs by the adjacent property now, with the project, water will run by
the adjacent property in the future?! What environmental impact is there? Author fails to
note.
Author repeats himself. Staff does not agree, see answer to C and D.
Author relies on both "forgoing reasons" and unarticulated reasons?! as to reasons staff
has failed to comply with CEQA. Unarticulated reasons?! What precise environmental
impact might this be related to?
Lack of public participation! Read B. Read CEQA and see how staff have far exceeded
requirements of CEQA for the Mill Creek Project.
Ridiculous assertion. What does the Author think the December 10, 2003 Public
Hearing is about? Public participation and a decision by the legislative body as to
whether to proceed on this project or not.
P:\Marc\Response to corres. 11-25-03.doc