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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.) ----------000---------- S:\CQUNCIL\Resos\Os-06\Shafter.res.doc July 20. 2005 Page 1 of 2 ,<'òM¿:-,." () (1' . 'f' >- - ,... m - ,- ',) <::0 'ìRICiNÞI 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: ~ NOES: ABSTAIN: C!ßSENT) v-- ..........- ..........-' -- ~ v COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER ~,. 011, . r-a.--.-- ~ CITY CLERK AND EX OFF I Council of the City of Bakers APPROVED JlIl. 2 0 2DDS BY~~ MIKE MAGGARD Vice-Mayor \) APPROVED ~s TO ORM: VIRGINIA GEN City Attomey / By VG:dll S:\CQUNCIL\Resos\OS-06\Shafter.res.doc July 20, 2005 Page 2 of 2 " 'òAK(",,? () ú> ;. ~ f- 111 - ,.... <.J (J ORIGINAL ___''"__ .." ".. __.,_. ~,_...'_____~_'~'W"_ .".__.__._._ m___.__.._ /h . - 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 . '/ 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.