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HomeMy WebLinkAboutRES NO 223-07 RESOLUTION NO. 223':07 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING THE COLLECTION OF FINES AND ADMINISTRATIVE COSTS DUE TO CRIMINAL VIOLATIONS OF THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN MITIGATION PROGRAM WHEREAS, Chapter 15.78 of the Bakersfield Municipal Code establishes the implementation of the Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program; and WHEREAS, the City Council at a regularly scheduled meeting of the City Council on October 10, 2007, held a public hearing to receive public comment regarding amendment to this Chapter, including excavation and grading; and WHEREAS, Section 15.78.090 provides that violators of this Chapter shall be subject to fines for both civil and criminal violations; and WHEREAS, the above described project is Categorically Exempt from the requirements of the California Environmental Quality Act ("CECA") in accordance with Section 15308 as an action by a regulatory agency for protection of the environment; and WHEREAS, the laws and regulations relating to CECA and the City of Bakersfield's CECA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. The above recitals and findings incorporated herein are true and correct. 2. All required notices have been given. 3. The proposed fines for civil and criminal violations are exempt from CECA in accordance with Section 15308. NOW, THEREFORE, RESOLVED by the Council of the City of Bakersfield as follows: 1. The City of Bakersfield is authorized to collect fines for violations of Section 15.78.090 of the Bakersfield Municipal Code. Said fines may include administrative costs. C:\DOCUME-1~eng\LOCALS-1\Temp\XPgrpwlse\HabConservPlanMlt.Flnes.doc - Page 1 of 2 Pages - -:oMf,-y ti- ~ ~ ~ I- P '0 CJ ORIGINAl 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 OCT 1 0 2007 by the following vote: ~ ~ ABSTAIN: ABSENT: COUNCILMEMBER C @\~ I B~) W~iI'J CDu..ck.. ttcvV\.'i-OR..,,<1M..Lli vCV"). 5Ch..i/J1U/\ COUNCILMEMBER lA .rrn. Q... COUNCILMEMBER IA rn\L COUNCILMEMBER '" l"1liI 0____ PAMELA A. McCARTH MC CITY CLERK and Ex ICia Clerk of the Council of the City of Bakersfield APPROVED: OCT 1 0 2007 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney BY:~ , MICHAEL RICHARDS Deputy City Attorney MR:lsc C:\DOCUME-1~eng\LOCALS-1\Temp\XPgrpwlse\HabConservPlanMIt.F1nes.doc - Page 2 of 2 Pages - -:of',K'[,-y ~ l~ >- rD I- .- '0 0 ORIGINAL