The URL can be used to link to this page

Home My WebLink AboutORD NO 4423 ORDINANCE NO. 4 4 2 3 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 101-23) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURAL ZONE) TO E (ESTATE ONE-FAMILY DWELLING ZONE) ON APPROXIMATLEY 11.5 ACRES AND R-1-CH (ONE-FAMILY DWELLING ZONE-CHURCH COMBINING ZONE) ON APPROXIMATELY 8.5 ACRES, GENERALLY LOCATED ALONG THE NORTH SIDE OF ROSEDALE HIGHWAY, APPROXIMATLEY 600 FEET WEST OF ALLEN ROAD (ZC NO. 06-1037). WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located along the north side of Rosedale Highway, approximately 600 feet west of Allen Road; and WHEREAS, by Resolution No. 263-06 on December 21, 2006, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 06-1037 as delineated on attached Zoning Map 101-23 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from A (Agricultural Zone) to E (Estate One-Family Dwelling Zone) on approximately 11.5 acres and R-1-CH (One-Family Dwelling Zone-Church Combining Zone) on approximately 8.5 acres, and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on October 27,2006, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 263-06, adopted on December 21, 2006: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the intial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance withwith CEOA. ~ fOt-..Kc-9 o % ;... - I- m - r- <..) (:) ORIGINAL 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "A," is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "A". 7. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CECA, the State CEOA Guidelines, and the City of Bakersfield CECA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map 101-23 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B ". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "C", subject to approval of GPA No. 06-1037. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ---------()o()--------- Page 2 of 3 ~ fOt-..K~-9 <:> % ,).... - f- rn - r- o (:) ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on March 14, 2007 by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CAR~N, BE~AM, W~, COUCH, HA~ON. SULLIVAN, SCR~ER ~ tV5'Y\L lA)w..k1 '11111 hJllN"- PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler Council of the City of Bakersfield APPROVED MAR 1 4 2007 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ;J/Y4/Jh- ~ Exhibit A - Zoning Map 101-23 B - Zone Change Legal Description C - Mitigation/Conditions of Approval MO - S:\GPA 4th 2006\06-1037\Resolutions\Cc ZC Ord 06-1037.doc ~ ~~K~-9 o % ~ - f- m - r- <..) (:) ORIGINAL Exhibit A Zoning Map 101-23 ~ ~~K~-9 <:> % ~ - I- m - r- <..) \:) ORIGINAL : i :z (1llW -s') .. '.1.1 aUI",III'IM..,.. ... u .. ... 0 U IU 0 III ;j U .. a f f c i: II II ----- ~ III .... III III c: t ~ . .: c: c: ..; Moo N~ .11: - o - 90.. . "'...,.... _,""",0- I&. ('II ~:Et-= '" :'II: ~(!) Z ~Z~ >0 ' !::Ntrl <J U) II ~g I i" .. :.15 . ~ six. Olll~ Z I . ~I i '.' '" I' · oJ I 5 a +- I E- . i. ;! ; Si 9 . Ii Ii I I ! I 9 .. IX .1 I.. I;;; ; I ~ "i III 3 ! I 2 ~ I I .. d~ hl!ijiii!;IIX ~II =X II II I ~ li-,~II-",':j:i:>ii; .:;1' Ii uiil i ; I .::Ij tlt....=~=l!Iflgi..~~~ wltl na:!w:!i 2.- I~t{ritt 4IH.I~~ 2"jlii~~a~I!~r~ r ~ I ~ ~ i ~ 19 i51 ..! !! i 8 !; ~ j ~ s i i ~ .. .. a ! ! I ! : = i ~ -i !;i~o~o~t,e;iO~~ol~i5;;I,,~~~~r~;j ~ n ini~HHj!l ih.!HinhUiln~iiig >- II=- :z . :::::) 0> (.) !! :12 r.!tM.: .W._N "'" .. · O_.....O_N !, ,.~ . ...... :luuuu~a.8.4.~3iot=~~.=I~ ZONE CHANGE 06-1037 " . ,,, _ow .., ..... c: ~ i II ~ III t ! a .. c .... r' l$ () ~ I . II ;l I II!: I I I II __ .1..______1 L c: ,.------------~ ,.- I II I II I ~ II II II L I I .. II .J. ';l I I I I I I I I I , I I ! I ~ ~ II!: ~ .. ~ M II . III -ow __, '. :r' ., Ii I 8" E~ i :~~ ~~~ fi40lt I~j 0 I!! IIi . .!I j i i ~S .~ "aa m lei ..I" t!; b. Sdii irea if:." ,...... Yi.. oar tJ;i llil IP~ . 9ar 1,=lii .. ..Id 1\;1 r8.... :;1, j~'1'" II J' ~i! '"I.. ..at il! i~i :L:a I i I '. ; . i .. . . qt o ....w 4( 0% ....<,l 4(..-;' It: c: c: =- ~ -~ II: . .: i i I I ~~" ~ <:> I ~ . /'Tl <..) & ORIGINAL OlUN II . ZONING MAP 101-23 Exhibit B Zone Change Legal Description ~ ~M~-9 o ~ ;... - ..... rn _ r- <..) \:) ORIGINAL LEGAL DESCRIPTION BEING PORTIONS OF LOT 31 IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, PER THE SALES MAP OF LANDS OF J.B. HAGGIN ALLED JULY 17, 1890 FOR SAID SECTlON 23, IN THE COUNTY OF KERN, STATE OF CAUFORNIA ACCORDING TO THE OFACIAL PLAT THEREOF AND MORE PARTICULARLY DESCRIBED fJS FOLLOWS: PARCEL A COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23, SAID POINT OF COMMENCEMENT BEING THE CENTERUNE INTERSECTION OF ROSEDALE HIGHWAY AND ALLEN ROAD; THENCE SOUTH 89036'34" WEST ALONG THE CENTERUNE OF SAID ROSEDALE HIGHWAY, 661.25 FEET TO THE SOUTHEAST CORNER OF SAID LOT 31 AND THE TRUE POINT OF BEGINNING; THENCE THENCE CONTINUING SOUTH 89036'34 WEST ALONG THE CENTERUNE OF SAID ROSEDALE HIGHWAY AND THE SOUTH UNE OF SAID LOT 31, 661.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 31; NORTH 00023'26" WEST ALONG THE WEST BOUNDARY OF SAID LOT 31, 1317.81 FEET TO THE NORTHWEST CORNER OF SAID LOT 31; NORTH 89037'28" EAST ALONG THE NORTH UNE OF SAID LOT 31, 661.15 FEET TO THE NORTHEAST CORNER OF SAID LOT 31; SOUTH 00023'26" EAST ALONG THE EAST UNE OF SAID LOT 31, 1317.64 FEET TO A POINT OF INTERSECTION WITH THE CENTERUNE OF SAID ROSEDALE HIGHWAY AND THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM A PORTION OF LAND DESCRIBED fJS FOLLOWS: THENCE THENCE BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 31; THENCE SOUTH 89036'34" WEST ALONG THE CENTERUNE OF ROSEDALE HIGHWAY, 661.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 31; THENCE NORTH 00023'26" WEST ALONG THE WEST UNE OF SAID LOT 31,557.22 FEET; THENCE DEPARTING SAID WEST UNE, NORTH 89036'34" EAST, 661.15 FEET TO A POINT THE EAST UNE OF SAID LOT 31; THENc'E SOUTH 00023'26" EAST ~ ~fl.Kt~ o ~ >- ,... 5 6 ORIGINAL ALONG THE SAID EAST UNE OF LOT 31, 557.22 FEET TO THE SOUTHEAST CORNER THEREOF AND THE POINT OF BEGINNING. CONTAINS: 11.54 ACRES. PARCEL B BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 31; THENCE SOUTH 89036'34" WEST ALONG THE CENTERUNE OF ROSEDALE HIGHWAY, 661.15 FEET TO THE SOUTHWEST CORNER OF SAID LOT 31; THENCE NORTH 00023'26" WEST ALONG THE WEST UNE OF SAID LOT 31, 557.22 FEET; DEPARTING SAID WEST UNE NORTH 89036'34" EAST; 661.15 FEET TO A POINT OF INTERSECTION WITH THE EAST UNE OF SAID LOT 31; SOUTH 00023'26" EAST ALONG THE SAID EAST UNE OF LOT 31, 557.22 FEET THE POINT OF BEGINNING. THENCE THENCE CONTAINS: 8.46 ACRES. .I' Date it -l4--oy ~ ~t-..K~-9. <:> ~ ;... - I- "' _ r- <..) C, ORIGINAL Exhibit C Mitigation/Conditions of Approval ~ ~t-..I(~~ <:> ~ ~ ~ ORIGINAL EXHIBIT C Mitigation/Conditions of Approval General Plan Amendment/Zone Change/Annexation No. 06-1037 Cultural Resources 1, If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation, Mitigation for potentially significant cultural resource impacts. 2. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. Noise 3, With submittal of a site plan review application for the development of a church within the portion of the GPAlZC area fronting Rosedale Highway, the applicant shall submit a site-specific acoustical analysis evaluating the need for building design enhancements to ensure that interior noise levels will not exceed 45 dBA CNEL, the applicable standard pursuant to the Metropolitan Bakersfield General Plan Update Program EIR. If the acoustical analysis identifies the need for building design enhancements, then prior to issuance of a building permit the applicant shall demonstrate that all required enhancements have been incorporated into the building design to the satisfaction of the Building Director, Mitigation for potentially significant noise impacts, Traffic and Circulation 4. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the proportionate share contributions for the future intersection and roadway improvements not covered by the RTIF as identified in Tables 10 through 12 of the project traffic study (Cornerstone Engineering, Inc., June 14, 2006) and in the following tables: ~ fO"K~'9 <:> ~ ;... .... ~ m - r- <..) \:) ORIGINAL Exhibit C GPAlZC 06-1037 Mitigation/Conditions of Approval Page 2 of 6 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION Allen Road & Meacham Road Rosedale Hwy, & Old Farm Road FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Allen Road, from Rosedale Hwy. to north of Meacham Road Portions of Allen Road. from Rosedale H . to Old Town Road Add 1 Northbound and 1 Southbound Lane Add 1 Northbound or 1 Southbound Lane 0,2% 0.2% Mitigation for potentially significant traffic impacts, 5, Prior to the issuance of any building permit within the GPAlZC area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic impacts and for orderly development. City Attornev Condition 6, In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply ~ ~t-..K~~ o ~ 5 ~ ORIGINA~ Exhibit C GPAlZC 06-1037 Mitigation/Conditions of Approval Page 3 of 6 regardless of whether any other permits or entitlements are issued, The City will promptly notify Applicant of any such claim, action or preceding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party, Public Works Conditions 7, Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur. a) Provide fully executed dedication for Allen Road to arterial standards from the north boundary of Tract 3825 along the full frontage of the parcel to the north of Tract 3825, APN 464-031-21, to the south boundary of Parcel 2 of Parcel Map 6052. Provide dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Provide dedication for a cul-de-sac at the south end of Phairfield Street. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map, An irrevocable offer of dedication of 27' to Caltrans for SR 58, Rosedale Highway. The right of way is to be dedicated, in a format approved the state, before any state encroachment permit is issued, For orderly development. b) Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. The City will allow no more than one sump per 80 acres; therefore, no more than 1 sump may be utilized to serve this area; this sump should be located so that they may be available to serve adjacent areas as they develop, Suggested location is the northwest corner of GPAlZC area. The sump is to be sized to also include those county areas of Tract 3825, Tract 2716, Parcel Map 5764 and that parcel north of Tract 3825, APN 464-031-21 along with the adjacent Allen Road and Rosedale Highway, The sump is to be constructed to city standards. The existing sump in Tract 3825 is to be abandoned as directed by the county, The study shall be approved by the city and any required retention site and necessary easements dedicated to the City. Provide any approvals and or agreements from the city and or county for county drainage to a city or private sump. Verify as to whether the sump is to be privately or publicly maintained. Provide access to the proposed sump. Provide approval from PG&E for the location of the sump within the easement area. For orderly development. ~ ~~Kt'\ 5 g ORIGINAL Exhibit C GPAlZC 06-1037 Mitigation/Conditions of Approval Page 4 of 6 c) Sewer service must be provided to the GPAlZC area, Sewer service will be from Allen Road. The developer shall be responsible for the initial extension of the sewer line to serve the property, This sewer line must be sized to serve a much larger area than the project area, This area is within the Allen Road Trunk Sewer Extension service area, The developer can enter into a reimbursement agreement for any upsizing of the sewer lines, For orderly development. d) In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump, This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm d rain system with the least maintenance costs. For orderly development. 8. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. It is required that the developer join the North of the River Maintenance District. For orderly development. 9, Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected, For orderly development. 10. Payment of city median fees for the arterial frontage of the property from the north boundary of Tract 3825 along the full frontage of the parcel to the north of Tract 3825, APN 464-031-21, to the south boundary of Parcel 2 of Parcel Map 6052, prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 11, Construct the following street improvements to city standards: full width local street for the connecting street from GPAlZC area to Allen Road, cul-de-sac at the south end of Phairfield Street. To county standards: Allen Road half width from the Northwest return at Van Buren Place to the south boundary of Parcel 2 of Parcel Map 6052, Improvements in the county are to be approved and permitted thru the county. For orderly development. d- ~~~, >-. - 5 ~ ORIGINAL Exhibit C GPAlZC 06-1037 Mitigation/Conditions of Approval Page 5 of 6 12. SR-58, Rosedale Highway, is to be constructed to Caltrans standards along the full frontage of the GPAlZC area, An encroachment permit issued in accordance with Streets and Highways Code Section 671.5 shall be obtained from Caltrans for all placements of encroachments within, under or over State right of way. Encroachments are subject to removal by the Department in accordance with Sections 673 and 720 of the Streets and Highways Code, Encroachment permits do not run with the land, A change of ownership requires a new permit application. The proposed access on SR- 58 would be limited to right in and right out only. A right turn lane into the western north-south street shall be required unless a traffic study does not meet the City and Caltrans requirements is performed and approved by the City Engineer, Extension of existing curbed median would be required to restrict left turn movements. For orderly development. Local Mitigation 13. Pay the proportionate share of the following mitigation measure (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Table 12 of the traffic study, all other items in the mitigation tables are in the RTIF program, An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: a) Allen Road, Rosedale Highway to Meacham Road, Add 1 NBT, 1 SBT, 0.2% share. Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L- left turn lane, T - through lane, R-right turn lane, 1 Striping only, Mitigation for potentially significant traffic impacts and for orderly development. 14, Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted residential fee in place at time of development. For orderly development. CalTrans Condition 15. An encroachment permit must be obtained for all proposed activities for placement of encroachments within, under, or over the State Highway rights-of-way, Activity and work planned in the State right-of-way shall be performed to State standards and specifications, at no cost to the State, The Permit Department and the Environmental Planning Branch will review an approved activity and work in the State right-of-way ~ ~t-..K~~ <:> ~ ~ ~ ORIGINAL Exhibit C GPAlZC 06-1037 Mitigation/Conditions of Approval Page 6 of 6 before an encroachment permit is issued. Encroachment permits will be issued in accordance with the Streets and Highways Codes, Section 671.5, "Time Limitations," For public health, safety and welfare and for orderly development, North of the River Recreation and Park District Condition 16, Prior to recordation of a final map, the subdivider shall provide the Planning Department written prooflverification from North of the River Recreation and Park District (NOR) that said within the NOR Maintenance District. The developer is subject to the application requirements of the District. For orderly development. Division of Oil. Gas and Geothermal Resources Conditions 17. There is one abandoned well within the project boundary. This well will need to be exposed for inspection and leakage testing prior to construction. The well may need to be surveyed, if not located, by a licensed surveyor, Remedial operations may be required, For public health, safety and welfare. 18, There shall be no structure constructed over or in proximity to an abandoned well location. For public health, safety and welfare. 19, The cost of re-abandonment operations is the responsibility of the owner or developer of the site, And if any other abandoned or unrecorded well(s) is(are) uncovered or damaged during excavation or grading, remedial plugging operations may be required, The Division must be contacted to obtain information on the requirements for and approval to perform remedial operations. For public health, safety and welfare. Plannina Condition 20, Prior to development of the GPAlZC site, the applicant shall submit a tentative subdivision application that will create a parcel to match the recommended zoning boundaries, For orderly development. MO:\\S:\GPA 4th 2006\06-1037\Resolutions\Exhibit C,doc ~ ~~~t" ~ - t: g (.) . ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, 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 15th day of March, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4423 ,passed by the Bakersfield City Council at a meeting held on the 14th day of March. 2007 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 101-23) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRCUL TURAL ZONE) TO E (ESTATE ONE-FAMILY DWELLING ZONE) ON APPROXIMATELY 11,5 ACRES AND R-1 CH (ONE-FAMILY SWELLING ZONE-CHURCH COMBINING ZONE) ON APPROXIMATELY 8.5 ACRES, GENERALLY LOCATED ALONG THE NORHT SIDE OF ROSEDALE HIGHWAY, APPROXIMATELY 600 FEET WEST OF ALLEN ROAD (ZC NO, 06- 1037). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~;'J_ &cuhtA DEPU Y City Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd 3/15/2007 <o~Kl~ ~ ~ ..- >- rn !;::; b 4J Of\I~lNAL