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Home My WebLink AboutROI NO 2105RESOLUTION OF INTENTION NO. 2105 A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE SOUTHERN 217.21' OF THE ALLEY LOCATED IN BLOCK Z OF THE BAKER HOMESTEAD ADDITION, RUNNING NORTH AND SOUTH BETWEEN 20TH STREET AND 21ST STREET, BETWEEN O STREET TO THE WEST AND P STREET TO THE EAST (WARD 2) WHEREAS, the City has received a request to vacate the southern 217.21' of the alley located in Block Z of the Baker Homestead Addition, running north and south between 20th Street and 21St Street, between O Street to the west and P Street to the east (Ward 2); and WHEREAS, for the above-described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and WHEREAS, in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to Government Code 65402 on June 16, 2021, by the Planning Director. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Resolution of Intention is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. The Council intends to order the vacation of the southern 217.21' of the alley located in Block Z of the Baker Homestead Addition, running north and south between 20th Street and 21St Street, between O Street to the west and P Street to the east, all in the City of Bakersfield, County of Kern, State of California, more particularly as shown on Exhibit "A" attached hereto and made part hereof. 4. The City is to reserve a Public Utility Easement (PUE) over the vacated area of the alley. 5. The current and any future property owners of the 913 Eastchester project located at 910 20th Street are to be responsible for all maintenance of the remaining alley from the north end of the vacated area to the south right of way of 21 st Street. 6. 5:15 PM, or as soon thereafter as the matter may be heard, on Wednesday, August 18, 2021, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, is hereby fixed as the time and place when all persons interested in or objecting to the proposed vacation may appear before the City Council and be heard. S:\STREETVACATIONS\ALLEY BETWEEN 20TH & 21ST - SINALOAS\ROI -CONSENT CALENDAR.DOC r - t7 rJ Or1.luINAI 7. If gates are to be installed they must follow Bakersfield Municipal Code Section 15.65.190 Appendix D, Section D 103.5. 8. The City Clerk shall cause notice of the date, hour, and place of said hearing on this Resolution of Intention to be published for two successive weeks prior thereto in The Bakersfield Californian and the Superintendent of Streets of the City of Bakersfield, California, shall cause "Notice of Vacation" to be posted as required by Section 8323 of the Streets and Highways Code of the State of California. The City Clerk shall certify to the passage of this resolution and shall cause the some to be posted on the bulletin board at City Hall, 1600 Truxtun Avenue, in the City of Bakersfield, within fifteen (15) days after its passage. --------------- 000 --------------- S:\STREET VACATIONS\ALLEY BETWEEN 20TH & 21ST - SINALOAS\ROI -CONSENT CALENDAR.DOC -2- O' c 0^ Q..OnIGINAL I HEREBY CERTIFY that the foregoing Resolution/ewe was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 0 4 2021 by the following vote: 99) COUNCILMEMBER: ARIAS, GONZALES,44EtfZ, Sivtt` FI, FREEMAN, GRAY, PARLIER COUNCILMEMBER: NQcz, ABSTAIN: COUNCILMEMBER: SEN COUNCILMEMBER: V%J9—%'L dm JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: AUG 0 4 2021 By 4 KAREN. GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY �HUA RUDNICK putt' City Attorney Attachments: Exhibit "A" S:\STREET VACATIONS\ALLEY BETWEEN 20TH & 21 ST - SINALOAS\ROI - CONSENT CALENDAR.DOC v U LAND SG L.S. 5565 Exp_ 9-30-21 .rlgTF OF CRO��a\P SCALE: 1" = 80' LINE BEARING DISTANCE X L1 N 00'00'00 E 41.25' W L2 N 9010600" E 20.00' L3 N 90"00'00" W 20.00' P1 21 st STREET I I POC 11 BLACK Y AU- 9Y - VACATION ROBeRT E SMITH TICE 35473 DATE Joe Ra — Yo-Hto SFEf OF 99M 28 7 L2 29 6 N N 5 30 F 31 0 0 4 o 0 0 0 0 z' cn 34 33 32 3 2 1 L3 TPOB-4 N 90700'OO E 163.25' 2O-TH STREET BLACK Y AU- 9Y - VACATION ROBeRT E SMITH TICE 35473 DATE Joe Ra — Yo-Hto SFEf OF 99M Michelle Mendenhall From: Josh Taylor <JTaylor@swcarpenters.org> Sent: Thursday, June 03, 20214:32 PM To: Robert Wilson Cc: Michelle Mendenhall Subject: Block Z Alley Vacation Request Attachments: City of Bakersfield - Request to vacate alley in Block Z.pdf Warning` Th�s`email„omginated firom,outside'the City_of Bakersfield' Think before you click! Mr. Wilson, I am a Representative for the property located at 9112 Oth Bakersfield Ca 93301 and I received notice of a request to vacate the alley located at Block Z of the Baker Homestead Addition. The applicant requesting the vacation is a current Bakersfield City Council Member and is making the request for the purpose of personal gain. Due to the nature of the request and the elected position of the applicant, this request is a clear conflict of interest and should not be allowed to move forward. The knowledge of the City's municipal systems and requirements by virtue of holding elected office is a breach of oath of obligation to the City and the Councilmember's constituency. Additionally, the demolition of the structure formerly located at 910 20” St has created a tremendous displacement of homeless and vagrants that are now impeding the privacy, safety and rights of adjacent property owners. Therefore and in addition to my request to deny the request of vacancy moving forward, the appropriate response to the displacement of the homeless should be to provide low income housing units within the proposed multi -family development prior to any further City approvals of the proposed development at 910 20th St. Thank you and please let me know the results of my request to the City of Bakersfield to mitigate the aforementioned concerns/violations. Thanks Josh Taylor ;1""ter Lead Representative — Kern/lnyo/Mono X 1 Mobile: 661.369.6132 Southwest Regional Council of Carpenters Disclaimer i swca!Menters.org 0810*1 Download our app: Google Play I iTunes App Store The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. a�$NK4 � c EXHIBIT 13 Robert Wilson From: alice quintana <quintanaalice@gmail.com> Sent: Tuesday, June 29, 2021 6:24 PM To: Robert Wilson Cc: Michelle Mendenhall Subject: Block Z Wir-fi g Tors emari orrginatetl from outsrtle the City of Bakersfield Thmk before you Ockl: Hello my name is Alice Quintana and I'm a stakeholder in this community. I learned that there was another high rent building going in downtown and the applicant is now looking for free land. It's bad enough to charge high rent for downtown residents but to try and get the alley thrown in for free? These guys have plenty of money to at least buy it from our city. I disagree with vacating the Block Z alley. Thank you � m ORIGINAL EXHIBIT 8 Robert Wilson From: Gene McTeer <genemcteer@gmail.com> Sent: Tuesday, June 29, 2021 7:45 PM To: Robert Wilson Subject: Comment to Block Z Alley Vacation Request Warnrng Tfirs emarl originated from autsrde the City of Bakersfield Think before you chckl, My name is Walt McTeer and I am a member of Carpenters Union Local 661. As a member, I am a stakeholder at our property located at 91120th Street. I heard about a letter that was received asking to vacate the alley near our hall to make room for parking for the luxury apartments getting ready to be built. I see that the applicant making the request is Sage Equities, which I am aware, City Council member, Bob Smith, is co-owner. Is a sitting City Councilmember asking for free land in the city that he presides over? How is this not a conflict of interest? I do not understand how this is acceptable. This request should be turned over to the Kern County DA to be reviewed for Public Integrity. Respectfully, A neighboring, concerned citizen y m r ORIGINAL EXHIBIT B July 1, 2021 Austin Smith Sage Equities Real Estate Inc. Robert Wilson City of Bakersfield Public Works Re: Block Z Alley Vacation Comments from Carpenters Union City of Bakersfield: The purpose of this letter is to document my efforts in responding to the local Carpenters Union email dated June 3, 2021 from Josh Taylor, with the Carpenters Union, to Robert Wilson with the City of Bakersfield. Mr. Wilson forwarded Mr. Taylor's email to me on June 7th. Upon receipt of the email, I immediately called Josh Raper, the local Carpenters Union President at 10:56 am. I have met with Mr. Raper numerous times in the past and know him well. He did not return my phone call. I subsequently called Ryan Nance at 10:57am with the local Carpenters Union, whom I have also met with in the past on numerous occasions. Mr. Nance answered my call. I asked if he was aware of the letter from Mr. Taylor to the City of Bakersfield regarding the alley vacation and he stated that he was not, but that he would look into it and get back to me. I did not receive a call back from Mr. Nance. On June 16, 202 1, 1 sent a cordial email to Mr. Nance and Mr. Raper expressing my surprise at the letter submitted to the City by Mr. Taylor. I asked if the letter was an official communication from the Carpenters and did not receive an email response. On July 1, 2021. I received a call from Mr. Taylor, asking if I had received the letters sent to the City of Bakersfield by Carpenters Union members and employees. I stated that I had received the letters and that I was surprised that they would be in opposition to the provision of market - rate housing, which contributes to the revitalization of downtown Bakersfield, by our firm. I also stated that the vacation of the alley will not have any impact on the Carpenters operation or their use of their property. Their property is not adjacent to ours and does not use the alley for access. Mr. Taylor stated that the Carpenters' concern is with the wages to be paid to U-11 11 1508 eighteenth street; suite 208 bakersfield, ca 93301 • sagebakersfield.com r` Cal BRE 01934974 c7 rJ RIG M' EXHIBIT C subcontractors in the construction of the project. My response was that, as is the norm for private multi -family developments in Bakersfield, wages are negotiated by general contractors and subcontractors, and that as the developer, Sage Equities is not a party to construction subcontracts. I explained that this was the first I had heard of any complaints with subcontractors on our development projects. Additionally, I explained that using non-union labor is the norm for private, multi -family developments in Bakersfield. I know of no private multi -family developer that uses union labor for their market -rate construction projects in our community. I also told Mr. Taylor that I was open to learning more about his concerns and gave him my email address to send me more information relating to the statements he made about our developments. At the time of writing this letter, there has been no further information provided by Mr. Taylor or any other Carpenters Union member or employee. Sincerely, Austin Smith 1508 eighteenth street, suite 208 bakersfield, ca 93301 • sagebakersfield.com Cal BRE 01934974 c� V nRI G NAl EXHIBIT C AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) ss. JULIE DRIMAKIS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield, and that on the 6th day of August, 2021 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 2105 passed by the Bakersfield City Council at a meeting held on the 4th day of August, 2021 and entitled: A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO ORDER THE VACATION OF THE SOUTHERN 217.21' OF THE ALLEY LOCATED IN BLOCK Z OF THE BAKER HOMESTEAD ADDITION, RUNNING NORTH AND SOUTH BETWEEN 20TH STREET AND 21ST STREET, BETWEEN O STREET TO THE WEST AND P STREET TO THE EAST (WARD 2). JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield By: DEP City Clbrk . SADOCUM ENT\FORMSWOP. ROl.wpd