HomeMy WebLinkAboutRES NO 03-89RESOLUTION NO. 3-89
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING THE RANCHO
LABORDE SPECIFIC PLAN TO REPLACE SECTION
12.3(2), PARAGRAPH 7, PAGE 36 WITH A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
NORRIS SCHOOL DISTRICT AND CLIFFORD
BRESSLER (TRUSTEE), DATED SEPTEMBER
14 AND 15, 1988.
WHEREAS, state law has changed since adoption of the Rancho
Laborde Specific Plan providing school districts with funding
based on residential and non-residential construction;
and
WHEREAS, the Norris School District and Clifford Bressler,
(trustee) have mutually negotiated a Memorandum of Understanding
to replace language in the Specific Plan which has been ratified
by all effected parties;
and
WHEREAS, the Memorandum of Understanding will provide the
same number of school sites and is an adequate substitute for
Section 12.3(2), Paragraph 7, Page 36;
and
WHEREAS, the proposed text changes do not result in an envi-
ronmental impact and the original negative declaration approved
May 7, 1986 is applicable to this proposal;
and
WHEREAS, the Planning Commission held a duly noticed public
hearing on October 6, 1988 and recommended approval of the
amendment.
NOW, THEREFORE BE IT RESOLVED, that the Rancho Laborde
Specific Plan is amended by replacing Section 12.3(2), Paragraph
7, Page 36 with a Memorandum of Understanding between the Norris
School District and Clifford Bressler (trustee), dated September
14 and 15, 1988 attached as Exhibit A.
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I HEREBY CERTIFY that
adopted by the Council of
meeting thereof held on
ing vote:
the foregoing Resolution was passed and
the City of Bakersfield at a regular
January 4, 1989 , by the follow-
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED January 4, 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
C TY ATTO p
City of ~kers~ld
MEMORANDUM OF UNDERSTANDING
On Tuesday, August 9, 1988, representatives of the Norris
District (A1 Sandrini, Bill Bimat) met with representatives of
Laborde Development Project (Jack Caldwell, Cliff Bressler,
Ernest Reynolds, Ted Broderick).
At that time, discussion regarding the removal of the following
paragraph from the Rosedale General Plan occurred:
"Development of a new elementary school facility by
temporary or permanent structures shall be initiated
before the number of building permits for residential
units occupied within that school's service area reaches
twenty percent (20%) of the projected number of
residential units that can be served by that school.
Construction above twenty percent (20%) will not be
allowed until adequate school facilities are made
available."
Concerns of the Developer:
Progressive and orderly growth of the project cannot
occur with this language.
The developer is concerned with developing a community
that will interface and interact with current high
standards of the school district and community.
Potential agreement with the Fruitvale School District
included that allocation of one free school site, one
site at half price and one site at full price. The
developer wants equitable treatment of both school
districts.
Concerns of the School District:
Much of the developer's planning in the Norris District
is in an embryonic stage.
Unknowns exist regarding a lake community, golf course,
total n~mher of residences, etc.
The higher the residential intensity, the greater need
for mitigation.
The Board requires final decision and approval for the
location of the two ±10 acre school sites based upon
previously adopted school site criteria.
Whereas, all parties agree the above conditions exist,
Whereas, all parties want schools to continue to offer the
highest possible level of education,
Whereas, all parties agree that the plans for the project
are yet to be completed,
Whereas, all parties want fair and equitable treatment of
all parties involved,
Therefore, the school district and the developer express their
intention to enter into an agreement relating to mitigation of
the project's impact upon completion of the final plans for the
project.
Based on the current estimate of K-8 children from the project
(and considering other revenue sources such as school facilities
fees), the Board agrees that the Laborde proposal of two 10 gross
acre sites, first one to be granted free and clear, the second
one to be sold to the district for $66,000 would suitably
mitigate the effects of the project instead of the aforementioned
language in the GPA. (Plus one half the cost of contiguous
infrastructures, .if installed by developers, and related
assessments and accrued costs relating thereto from this date
forward.)
Should the final plans provide for development which would
generate more than the K-8 students expected, both the school
district and developer understand that additional negotiations
will be necessary before an agreement replacing the
aforementioned language can be entered into.
NORRIS SCHOOL DISTRICT
RANCHO LABORDE DEVELOPMENT
for the Estate of Jean E. C.
and Madonna
September 14, 1988 September 15, 1988
Date Date