HomeMy WebLinkAboutRES NO 283-06
RESOLUTION NO.
283-06
RESOLUTION AUTHORIZING SUBMITTAL OF A LEASE
APPLICATION FOR LEASE OF A 40-ACRE PARCEL IN
NORTHEAST BAKERSFIELD FROM THE DEPARTMENT OF THE
INTERIOR! BUREAU OF LAND MANAGEMENT
WHEREAS, the Metropolitan Bakersfield General Plan's Open Space Element states as a Goal
to acquire new lands for open space, which will be achieved specifically as stated in Policy 12 that the
City of Bakersfield will pursue preservation of open space within the Northeast Bakersfield Open Space
Area (NBOSA); and
WHEREAS, the Bureau of Land Management office in Bakersfield has indicated that a 40-acre
parcel in Northeast Bakersfield as shown in Exhibit A-1 is available for lease or sale; and
WHEREAS, the Recreation and Public Purposes Act of October, 1994, authorizes the lease of
public lands for recreational or public purposes to State and Local governments; and
WHEREAS, the Recreation and Public Purposes Act of October, 1994 allows the conveyance of
the same leased land through a government patent at no cost to local government if the leasee has
developed the land during the lease time; and
WHEREAS, the 40-acre parcel is adjacent to a future park in the Specific Parks and Trails Plan
for Northeast Bakersfield; and
WHEREAS, the addition of the 40-acre parcel will connect existing trails outlines in the
Specific Parks and Trails Plan for Northeast Bakersfield; and
WHEREAS, the addition of the 40-acre parcel would create an extensive park encompassing
bluff top areas with views of the Kern River Valley and extensive trails for pedestrians, equestrians and
bicycle riders; and
WHEREAS, the City of Bakersfield desires to lease and acquire said 40-acre parcel in
accordance with the Recreation and Public Purposes Act of October, 1994; and
WHEREAS, the application for the lease, the lease and the development of the leased land to
preserve open space or lands for park purposes; and
WHEREAS, said lease and acquisition of the above described project site is found to be
consistent with the Metropolitan Bakersfield General Plan's Open Space Element and the Specific Parks
and Trails Plan for Northeast Bakersfield in accordance with Government Code Section 65402; and
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as
follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The project is Categorically Exempt from CECA in accordance with Section 15325.
3. The project is consistent with the Metropolitan Bakersfield General Plan and the SpecifiC
Parks and Trails Plan for Northeast Bakersfield in accordance with Government Code
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Section 65402.
4. Submittal of an application to the United States Department of the Interior/Bureau of Land
Management for lease and future conveyance of a 40-acre parcel in Northeast Bakersfield
through the Recreation and Public Purposes Act is hereby authorized.
5. The City Manager of the City of Bakersfield or his/her designee is hereby authorized and
empowered to execute in the name of the City of Bakersfield all necessary application
related documents, including, but not limited to, applications, ageements, amendments and
payment requests, necessary for the purposes of securing funds to carry out the application
process and lease agreement, and acquisition.
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I HEREBY CERTIFY that the foregoing Resolution was paSs.~8Rnd ado(?ted by the Council of
the City of Bakersfield at a regular meeting thereof held on N V 1 5 2u06
by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
ABSTAIN:
ABSENT:
COUNCILMEMBER
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
APPROVED
NOV 1 5 2006
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
Exhibit A
Maps
A-1 Location of BLM Parcel
A-2 BLM 40 Acre Parcel
A-3 Northeast Bakersfield Parks and Trails/BLM 40 Acre Parcel
A-4 Aerial view of the 4D-acre parcel and proposed park
Application
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EXHIBIT A
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EXHIBIT B
Application
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ORIGINAL
Fonn 2740-1 R>RM APPROVED
(July 1997) OMB No. 1004-0)12
UNITED STATES Expires: June 30, 2000
DEP ARTMENT OF THE INTERIOR Date 11/15/06 Serial Number
BUREAU OF LAND MANAGEMENT (BLM use only)
.~
APPLICATION FOR LAND FOR Home phone (include area code)
RECREATION OR PUBLIC PURPOSES
(Act of June 14, 1926, as amended; 43 U.S.C. 869; 869-4) N/A
la. Applicant's name b. Address (include zip code) Business phone (include area code)
City of Bakersfield 1715 Chester Avenue (661) 326-3733
Attn: James D. Movius Bakersfield, CA 93301
2. Give legal descriJXion oflands applied for (include metes and bounds description. ifnecessary)
SUBDIVISION SEC110N TOWNSHIP RANGE MERIDIAN
The northwest t of
the northwest t of 06 29S 29E M.D.B.M
Section 6, T29S,
R29E MDBM - See
Exhibit A-I
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County of I State of .~ Containing (acres)
Kern California 40 acres
3a. This application is for IJI Lease W Purchase (qlease. indicate year 15 year lease )
b. Proposed use is (j Public Recreation a Other Public Purposes
4. Describe the proposed use of the land. The description mult specifically identify an established or definitely proposed project. Attach a detailed plan
and schedule for development, a management plan which includes a description of how lilY revenues will be used, and any known environmental or
cultural concerns specific to the land.
See attached.
5. If applicant is State or Political subdivision thereof, cite your statutory or other authority to hold land for these purposes.
The City of Bakersfield's statutory authority to hold the land for recreational purposed is
found in the City of Bakerfield Charter. Section 12 provides the City may acquire property
for any municipal purpose. Holding land for public parks and trails is a municipal purpose.
6. Attach a copy of your authority for filing tI1is application and to perform all acts incident thereto.
7. If land described in this application has not beenclassifJed for recreation and/or Public purposes pursulllt to the R~tion and Pu urpose~ct,
consider this application as a petition for such classifICation. . . .. t= in
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4 Describe the proposed use of the land. The description must specifically identify
an established or def"mitely proposed project:
The BLM 40 acre parcel is in northeast Bakersfield, south of the Kern River Valley, with
Kern River Bluff top areas and valleys within the 40 acre parcel. (Exhibit A-4) This
parcel is adjacent to a proposed park site identified in the City of Bakersfield's Specific
Parks and Trails Plan for Northeast Bakersfield ("Plan") (See Exhibit A-3). The parcel
also includes portions of trails located within the City Boundaries that are identified in
The Plan for preservation and enhancement when development occurs in The Plan area.
The Plan was created to ''provide a system of parks and interconnecting trail systems in
northeast Bakersfield for the public enjoyment of unique open space features and
recreational amenities in the area", The park site is to the east of the northeast comer of
the 40 acre parcel. (Exhibit A-3) The City of Bakersfield requests the lease of the BLM
40 acre parcel to extend the acreage of the City's proposed park site to the east which has
mostly bluff top area, making a larger park ("The Park") that will include both bluff tops
and canyons.
The City's proposed park site is located on seven acres (plus or minus) of bluff
top area that would is sufficiently flat to allow the development of public facilities and a
road that will access the Park. This site also provides spectacular vistas to the north and
north east of the Kern River Valley and the surrounding Sierras. The northeast comer of
the BLM parcel would be an extension of the bluff top area and creates additional
acreage for facilities that require relatively flat space. (Exhibit A-4) The remainder of the
BLM parcel consists of mostly steep, sloped terrain, which would be excellent for
creating a variety of trails. The bluff top area would provide parking areas, a manicured
neighborhood park with facilities which could include benches, restrooms and drinking
facilities, view scopes and educational and interpretive panels that explain geographic
features of the park, the vistas and the paleontology of the area.
The bluff top area of the Park would have relatively flat terrain and would provide
a trail for the physically challenged. The 40 acre BLM parcel has portions of two existing
trails that are already in the Plan's trail system, but with the varying slope terrain in the
parcel, more trails will be added. (Exhibit A-3) The trails could be used for walking,
running, bicycling and equestrian activities. In addition, to the west side of the BLM
parcel is a bicycle enthusiasts' favorite trail in the area, named by them "Toad's Wild
Ride", (already designated in the Plan for a trail.) If the BLM land is acquired by the
City of Bakersfield, the trail would be preserved to the Bluff tops. The addition of the
BLM parcel would create a vigorous trail system with different levels of challenges
available for the users tied to a destination park.
During the application process, the City of Bakersfield will provide a more
detailed Park plan, with landscape, facilities and trails design included.
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4. Attach a detailed plan and schedule for development, a management plan which
includes a description of how any revenues will be used, and any known
environmental or cultural concerns specific to the land:
Plan and Schedule for Development:
Construction costs for the Park will be provided through park development fees collected
by developers pursuant to Bakersfield Municipal Code Section 15.82 and through grants
that become available during the development process.
Year 0: Acquire Lease
Year 1:
· Create temporary access to the proposed park site by obtaining a temporary
easement from the landowner(s) to the east, south and west of the BLM property.
The easement would be in place until any future developer creates public
roadways to the Park site. The easement would be used by City of Bakersfield
employees and contractors to upgrade trails and provide rudimentary facilities.
Rudimentary facilities might include preliminary grading for parking and guard
rails.
· Upgrade existing trails in the park to Recreation and Parks standards for the
Specific Parks and Trails Plan for Northeast Bakersfield.
. During this park development period, the likely users of the Park would be those
who access the park through the trails, since vehicular access will be limited to
City of Bakersfield employees and contractors.
Year2-5:
. Add additional trails to Recreation and Parks standards for the Specific Parks and
Trails Plan for Northeast Bakersfield. This will include a trail that can be
accessed by physically challenged individuals.
. When a street is brought to the Park through land development to the east, south
and west of the BLM property, along with water and sewer systems, add water
and sewer lines to the Park and construct restrooms and provide water for park
users. Any structures erected will follow the requirement of the City of
Bakersfield's Hillside Development Ordinance. When the street is finished, the
public will have vehicular access to the park. The parking lot will be paved at this
time.
. Create the manicured neighborhood park with facilities including benches (details
of the park design will follow in the application process). All landscape irrigation
and watering will be designed to prevent erosion of the Bluff area.
. Work with Cal State Bakersfield, Bakersfield College, Kern County Museum and
the Buena Vista Museum of Natural History to provide view scopes and
educational panels that explain geographic features of the park and the vistas, and
the paleontology of the area.
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· Create storm water capture system for parking lot area. Create bio-swales within
the 40 acre parcel to utilize storm water runoff from the bluff top areas to create
riparian areas within the park.
· Add additional guard rails as needed. Guard rails will meet the City of
Bakersfield's Hillside Ordinance requirements for protection of the viewshed
from below the bluffs.
Years 5 - 15
· Apply and receive a patent from the United States government through the BLM
for the 40 acre parcel leased previously.
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Management Plan:
The park, which will include the BLM 40-acre parcel, the proposed park site identified in
the City of Bakersfield's Specific Parks and Trails Plan for Northeast Bakersfield will be
maintained by the City of Bakersfield Recreation and Parks Department. Specifically,
sewage and garbage disposal, road maintenance and the upkeep and repair of grounds and
physical facilities will be provided by the City of Bakersfield. There is no plan to
generate revenues at this time for use of the park. Funds for the maintenance of the park
will be provided through the establishment of a maintenance district.
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4. Environmental or Cultural Concerns:
Environmental Concerns:
During the application process, a biota survey will be done on the proposed lease land.
The BLM has stated that the survey is done by the applicant, and requires a spring
survey. BLM indicated that the parcel under consideration would most likely show the
presence of kit fox, kangaroo rats and burrowing owls. The City of Bakersfield has
contacted Marsha Wolfe ofM H Wolfe Consultants, the biological survey consultant
used for biota surveys of the surrounding areas. She indicated to the City that there is not
much potential Blunt-Nosed Leopard Lizard (BNLL) habitat within the surrounding areas
and she expects that the same will be true of the BLM parcel. She suggested a
preliminary survey be performed to identify potential BNLL habitat. From that
information, areas identified in the survey would be used to perform a protocol level
BNLL survey. With regard to protected species, the City will follow the terms of the
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The Burrowing Owl is
protected under the Migratory Bird Treaty Act.
Erosion is a concern when structures and parking lots are added to bluff tops and with
earth cuts along grades that some trails might create. The storm water runoff from the
bluff top areas of the Park will need to be managed to minimize erosion of the bluff area.
A storm water management system will be designed for the Park to address the erosion
potential and to prevent the storm water from having an end point in the Kern River.
Park development plans include the use of storm water to provide water for creation of
riparian areas within the Park. Trails will be designed to address erosion potential.
Visual preservation of the Bluffs is a concern for those in view sheds impacted by
development on the top of the Bluffs. The development of the park at the tops of the
Bluffs will utilize the principles in the City of Bakersfield's Hillside Ordinance pertaining
to the set back of structures and fencing to minimize the impact to the view sheds. All
landscape watering and maintenance will be designed to prevent erosion of the Bluffs.
Cultural Concerns:
There have been no cultural concerns identified for any portion of the Park.
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8. Are all activities, facilities, services, financial aid, or other benefits as a result of your proposed development provided without regard to race, color,
religion, national origin, sex, or age? lid Yes 0 No (If "no," describe the sitlltltion or activity and your plans for achieving compliance.)
9. Are all activities, facilities, and services constructed or provided as a result of your proposed development accessible to and usable by persons with
disabilities? 0 Yes Ga No (If "no, .. describe the situation or activity and the reasonsfor nonaccessibility).
Some trails within the trails developed within the BLM land may be too rugged/steep for persons
with disabilities to safely manage, Appropriate findings regarding this issue were adopted
with approval of the Specific Parks and Trails Plan for Northeast Bakersfield. There will be at
least one trail designed accessible to the physically challenged. Additionally, all restroom
facilities and parking areas will be designed to provide services and parking for the 'handicapped
Applicant's Signature
IDa~
Tide 18 U.S.C. Section 1001 and Title 43 U.S.C. Section 1212, make it a crime forany person knowingly and willfully to make to any depanmentor
agency of the Uni~d States any false, fictitious, or fraudulent sta~ments or representation as to any matter within its jurisdiction.
GENERAL INSTRUCTIONS
1. Type or print plainly in ink.
2. Submit application and rela~d plans to the BLM District or Resource Area Office
in which the land is located.
3. Study controlling regulations in 43 CFR 2740 (Sales) and 43 CFR 2912 (Leases).
4. If applicant is non-governmental association or corporation. attach a copy of your
chaner, articles of incorporation or other creating authority. If this information has
been previously filed with any BLM office, refer to previous ming by da~, place.
and case serial number.
5. If applicant is non-governmental association or corporation. attach a copy of your
authority to opera~ in the Sta~ where the lands applied for are located. If
previously filed with any BLM office, refer to previous filing by da~, place, and
case serial number.
SPECIFIC INSTRUCTIONS
(Items not listed aFf! self-explanatory)
Item
Item
2. If land is surveyed. give comple~ legal description. If land is
unsurveyed. description should be by me~s and bounds connec~d,
if feasible, by course and distance with a corner of public land
survey. If possible, approxima~ legal subdivisions of unsurveyed
lands should be stated. Acreage applied for must Dot exceed that
specified by regulations.
3a. Generally, title to lands will not be gran~d upon initial approval of
an application. In order to assure proper development or use plans,
the general practice will be to issue a lease or lease with optIon to
purchase after development is essentially comple~d. In any case,
~rm of lease may not exceed 20 years for non-profit organizations
or 25 years for governmental agencies, instrumentalities or political
subdivisions.
4. Leases and patents under this act are conditioned upon continuing
public enjoyment of the purposes for which the land is classified.
The plan of development, use, and maintenance must show, at a
minimum:
a. A need for proposed development by citing population trends,
shortage of facilities in area, etc.
b. That the land will benefit an. existing or definitely proposed
public project authorized by proper authority.
c. Type and general location of all proposed improvements,
including public access (roads, trails, etc.). This showing may
take the form of inventory lists, maps, plats, drawings, or
6.
blueprints in any combination available and necessary to describe
the finished project. Site designs should be provided for in~nsive
use sites and general information about improvements existing or
planned on lands within the overall project.
d. An estimate of the construction costs, how the proposed project
will be financed, including a list of financial sources, and an
estimated timetable for actual construction of all improvements
and facilities.
e. A plan of management to include operating rules, proposed source
and disposition of revenues arising from the proposed operation,
personnel requirements, etc.
f. A specific maintenance plan to include, for example, sewage and
garbage disposal, road maintenance. upkeep and repair of grounds
and physical facilities. etc.
g. Applications for solid waste disposal sites must comply with
guidelines established by the Environmental Protection Agency
(40 CFR 258) and must include a detailed physical description of
the site including a map, description of ground water situation, soil
characteristics and management plan.
This may consist of a copy of a delegation of authority, raoiIKtikPr
other evidence of authority from the governing bcird of - ~
appl~cant's organization. copy of the by-laws of the o~nization, %
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ORIGINAL
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EXHIBIT C
Notice of Exemption
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NOTICE OF EXEMPTION
TO:
Office of Planning and Research
PO Box 3044, 1400 Tenth Street, Room 222
Sacramento, CA 95812-3044
FROM: City of Bakersfield
Planning Department
1715 Chester Avenue
Bakersfield, CA 93301
.x. County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Project Title: Application to the United States Department of the Interior/Bureau of Land Manaaement bv
the City of Bakersfield for lease and future conveyance of a 40-acre parcel in Northeast Bakersfield throuah
the Recreation and Public Purposes Act.
Project Location-Specific: The northwest X of the northwest y.. of Section 6. T 29 S. R 29 E MDBM
Project Location-City: Bakersfield
Project Location-County: Kern
Description of Project: The Recreation and Public Purposes Act (RPPA) authorizes the sale or lease of
public lands for recreational or public purposes to State and Local aovernments. The City of Bakersfield
intends to submit an application to the United States Department of the Interior/Bureau of Land Manaaement
for lease and future conveyance of a 40-acre parcel in Northeast Bakersfield. A local park is identified
adiacent to the 40 acres of BLM land. If the BLM 40 acre parcel could be acauired throuah the RRPA. the
park would be expanded into the BLM parcel and would serve as a staaina area for a series of trails throuah
the BLM land.
Name of Public Agency Approving Project: City of Bakersfield
Name of Person or Agency Carrying Out Project: City of Bakersfield
Exempt Status:
Ministerial (Sec.21080(b)(1); 15268));
Declared Emergency (Sec.21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
X Categorical Exemption. State type and section number. Transfers of Ownership of Interest
in Land to Preserve Existina Natural Conditions Section 15325
Statutory Exemptions. State section number.
Project is exempt from CEQA pursuant to _
Reasons why project is exempt: Section 15325 allows an exemption for acauisition. sale or other transfer to
preserve open space or lands for park purposes. The proiect would both preserve open space in Northeast
Bakersfield and preserve land for park purposes.
Lead Agency: Contact Person: James D. Movius Telephone/Ext.: (661) 326-3733
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes_ No X
~
Signature: -t.. ~D ~~
Signed by Lead Agency
X Signed by Applicant
S:\Forms\STAFF\notice\NOE.DOC (6103)
Date: /0 / z.-s-~ (, Title: PLKJJlJN/WA, !JI/lE.cJ7){L
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Date received for filing at OPR: