HomeMy WebLinkAboutRES NO 172-05
RESOLUTION NO. ~
A RESOLUTION CONFIRMING AND
SUPPORTING THE DEVELOPMENT OF 7TH
STANDARD ROAD AND WATER SUPPLY
RESOURCES IN THE CITY OF SHAFTER.
WHEREAS, the City of Shatter has certified an Environmental Impact Report (EIR)
for the update to its General Plan that includes annexation of 5,000 acres plus two specific
plans; and
WHEREAS, the City of Bakersfield has concerns with how said EIR evaluated
transportation issues over 7th Standard Road and water resources availability; and
WHEREAS, both Cities believe they can work out their differences without resorting
to litigation.
NOW, THEREFORE, BE IT RESOLVED, by the Council ofthe City of Bakersfield as
follows:
1.
herein.
The above recitals are true and correct and incorporated by reference
2. The City of Bakersfield supports the intent and agrees to abide by the
terms contained in the attached letter dated July 18, 2005, from Alan Tandy to John
Guinn.
3. The City of Shatter supports the intent and agrees to abide by the
terms contained in the attached letter dated July 18, 2005, from Alan Tandy to John
Guinn. (See Exhibit "A," attached hereto and incorporated by reference herein.)
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HEREBY CERTIFY that the foregoing Resolution was passed and ado¡:>ted
by the Council of the City of Bakersfield at a regular meeting thereof held on..J.Ul 2 0 2ß05
by the following vote:
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NOES:
ABSTAIN:
C!ßSENT)
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COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCIL MEMBER
COUNCIL MEMBER
COUNCIL MEMBER ~,. 011, . r-a.--.--
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CITY CLERK AND EX OFF I
Council of the City of Bakers
APPROVED JlIl. 2 0 2DDS
BY~~
MIKE MAGGARD
Vice-Mayor
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APPROVED ~s TO ORM:
VIRGINIA GEN
City Attomey
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By
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ORIGINAL
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BAKERSFIELD
Alan Tandy . City Manager
July 18, 2005
John Guinn, City Manager
City of Shafter
336 Pacific Avenue
Shatter, CA 93263
Dear John:
This letter is to follow up on the meeting that took place Friday with Councilmembers
Couch and Nelson.
Shafter and Bakersfield appear to be in agreement now on all transportation issues.
With regard to the alignment of Road B on the north side of 7th Standard Road in
relationship to the alignment of Allen road on the south side, you indicated to me on the
phone Monday, July 18th, that you will align it either with Allen Road or Old Farm, or
both.
Other road and transportation issues agreed to are summarized on the attachment.
Later, they will be incorporated into the agreement to fund the bridge at ih Standard
Road and Highway 99.
Please advise me as soon as possible of the outcome of the Road B issues, as well as
whether or not we correctly reflected today's discussions on the attachment.
As to the issue of water, as a potential long-term solution, we have agreed to meet with
the impacted parties to explore three possibilities, as follows:
. Use of an arbitrator or mediator to define "irrigation" and our differing
interpretations of the law on that subject.
. Sale of the 1952 water by Bakersfield to Shatter as a short-term solution until
Shatter secures a long-term water supply. Price would be at the "production"
value of $55 per acre-foot with escalations. Please note, this year's cost with
the escalations is $67. The proceeds would stay in our water system to defray
the long-term cost of pumping from deeper levels.
City of Bakersfield· City Manager's Office· 1501 Truxtun Avenue
Bakersfield. California· 93301
(661) 326-3751 . Fax (661) 324-1850
John Guinn, City Manager
City of Shatter
July 18, 2005
Page 2
. Shatter can consider a source of water that does not conflict with our 1952 water
rights perhaps working through KCWA and an outside (non ID4) water supply.
While these longer-term solutions are being explored, at the core of the issue is differing
interpretations over the legal meaning of the 1952 agreement. To get us past the EIR
time frames, we would agree to go to non-binding mediation to seek the opinion of a
qualified neutral party on those differing views. This process would in no way constrain
either party from pursuing any legal remedies after that mediation.
Shatter would further agree not to evade compliance with State water supply and
balancing requirements by development of a series of tracts that would avoid
compliance with SB 610 and SB 221.
Notwithstanding any language in this correspondence to the contrary, it is the intent and
understanding of both Bakersfield and Shafter that any time limit within which
Bakersfield must commence litigation against Shafter, and vice versa, concerning but
not limited to matters addressed in this July 18 correspondence to the City Manager of
Shatter, is not and shall not be extended. Furthermore, it remains the position of
Shatter, although Bakersfield disagrees, that there is a Settlement Agreement in place
between Bakersfield and Shatter which governs the ability of the parties to pursue
litigation concerning the matters addressed in this July 18 correspondence to the City
Manager of Shatter.
Both of us will strongly recommend these actions to our legislative bodies and, if
accepted by them, there will be no litigation over the Shafter EIR.
Please advise me, in writing, if we are in agreement on these points.
ilZ-/t
Alan Tandy
City Manager
Attachment
cc: David Couch, Bakersfield City Councilmember
Flom Core, Water Resources Manager
Raul Rojas, Public Works Director
Stan Grady, Development Services Director
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Resolved Issues
Coffee Road will tee into 7th Standard Road from the south.
Quail Creek will also tee into 7th Standard Road; however, if a road to the north is necessary, Shatter will make
sure lane lines conform to that which is in the City of Bakersfield.
Verdugo Road will also go through and the small offset between the north and south side would be split equally
between Shatter and Bakersfield.
Jewetta Avenue will also go through to the north, and the portion of Jewetta north of 7th Standard will line up.
Zerker Road will line up.
Renfro Road will be a tee intersection to the south. Shatter has no plans to extend that road to the north.
Rudd Road and Zachery Road will also line up. Since these roads are designated arterials in the City of
Shatter, the City of Bakersfield will conform its lane lines to that of Shatter.
Road B is the one road in the City of Shatter that has not been fully resolved.
Shatter will speak with the developer in an effort to shitt the road to a point that will line up with Allen Road. In
addition, City of Bakersfield will contact the property owner to the south to see if Allen Road could be shifted to the
east.
Both parties have agreed that 7th Standard Road must be constructed as an Expressway, which means access
to the road will be only at the signalized intersection. However, at those locations designated for commercial
development along 7th Standard Road, right turn in and right turn out will be allowed with the addition of a fourth
lane as an auxiliary lane.
It was also discussed that the actual construction of 7th Standard ought to be done in entire segments. This
could be done by one or two ways: either the phasing of improvements by adjacent developers which will include
additional Janes to be constructed, which would be reimbursed by the agencies respective through the Traffic
Impact Fee programs, or by the use of a Major Bridge Thoroughfare District.
Roads Intersectino 7th Standard Road
Except as provided in "Exceptions" clause, prior to execution of the agreement, City of Bakersfield, City of
Shatter, and County shall agree on number and locations of roads intersecting 7th Standard Road between Santa
Fe Way and State Route 99. All roads intersecting 7th Standard Road shall conform to the following:
* All north-south roads intersecting 7th Standard Road shall provide the maximum number of lanes through the
intersection and shall continue the maximum lane configuration for a minimum distance of 1000 feet beyond the
intersection. As an example, an arterial road (6 lanes) shall have all six lanes continue through the intersection
and continue beyond 7th Standard Road for a minimum distance of 1000 feet before reducing the number of lanes.
. All roads intersecting 7th Standard Road shall be designated to established City of Bakersfield standards
including lane configurations, lane widths, median islands, sidewalk, crosswalks, etc.