HomeMy WebLinkAbout11/12/99 BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
November 12, 1999
TO: HONORABLE MAYOR AND CITY C~/~. I~
1. The next few days and weeks will tell whether the Panattoni group will reconsider, or
whether another development group can be attracted to replace them on the
downtown proposal. The circumstances have been odd. The thing that has amazed
me the most is how well the proposal was received - with that positive a reception,
there is continuing opportunity.
2. The ice skating facility was presented as a part of the larger development. That issue
can continue as a stand alone project, in any regard, since it has its own support
base. We will continue to work on that with prospects and the Community Services
Committee..
3. At the Amtrak station, the red steel for the station frame went up this week. It's good
to see something above ground!
4. As you aware, Bakersfield is one of the designated stops chosen by the California
High Speed Rail Authority for the high speed rail system. The attached memo from
Public Works includes an agenda for the authority's upcoming meeting on November
17th. Since other communities, such as Palmdale/Lancaster, have been very active
in promoting themselves to the Authority, it would be to our benefit to be more vocal
about our desire for a downtown station location.
5. Per Council's request, we have expanded the concert series to include locations in
other wards. A memo is attached from Recreation and Parks with a tentative
schedule for the expanded program.
6. Recreation and Parks will offer lifeguard training, beginning in December and
continuing each month into next summer in an effort to avoid schedule conflicts and
to have a. trained staff ready for early season activities.
7. Information from the November 2® Vision 2020 session is enclosed.
Honorable Mayor and City Council
November 12, 1999
Page 2
8. Responses to Council requests are enclosed, as follows:
, Legal opinion regarding financial assistance related to property at 1601 13th
Street;
· Information regarding payment of costs for improvements done on the Friant-Kern
Canal;
· GPA and Zone Change Request .......
· Status report on letter to Shellabarger Road residents;
· Response to letter welcoming new pastor.
AT:rs
cc: Department Heads
Pamela McCarthy, City Clerk
Trudy Slater, Administrative Analyst
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~
DATE: NOVEMBER 9, 1999
SUBJECT: HIGH SPEED RAIL LOCATION
The California High Speed Rail Authority has been meeting for some time on a regular
basis to develop a plan for the construction and operation of a Statewide high speed rail
with the objective of creating a passenger-oriented system. Early on in the plan, the
City of Bakersfield became one of the designated stops for the high speed rail train.
Recently, however, the High Speed Rail Authority staff has been contemplating locating
the actual station within the outskirts of Bakersfield, rather than the Downtown area.
The Downtown Business Association - Transportation Vision Committee has requested
Bakersfield take a much more active role to insure the station is located within the
Downtown area. It has been the desire of the Council for sometime. Other
communities such as Palmdale/Lancaster have been extremely active in lobbying the
High Speed Rail Authority to locate the station in their area.
It has come to our attention that perhaps the City has not been vocal enough in letting
the High Speed Rail Authority know of its desire to have the high speed train station
located within the Bakersfield Downtown area near the new Amtrak Station under
construction.
Attached is a schedule of the next California High Speed Rail Authority public meeting
held in Los Angeles on Wednesday, November 17, 1999.
Attachment:
California High Speed Rail Authority Pubic Meeting Notice
(November 17, 1999, Los Angeles, California)
G:~GROUPDA~Referrals\Tandy\HighSpeedRail.wpd
CALIFORNIA HIGH SPEED RAIL AUTHORITY
PUBLIC MEETING
November 17, 1999
Ronald Reagan State Building - Auditorium _
300 South Spring Street, Los Angeles, CA .... "'~ :~,:: ~i~'~,' ...L., ~.~. ~. ·
10:00 AM
Agenda Items Responsible Party Status*
1. Approval of minutes for September 20 - 21, 1999 Meeting Chairman Tennenbaum A
2. Members Report Chairman Tennenbaum I
3. Executive Directors Report Mehdi Morshed I
4. Authority Members Meetings for Compensation Mehdi Morshed A
5. Approval of Meeting Schedule for ·2000 Mehdi Morshed A
6. Maglev Deployment Program Update Mehdi Morshed I
A1 Perdon
The Executive Director and Al Perdon, project manager, will provide an
overview of Southern California's Federal Maglev Deployment Program
project.
7. LAX-Palmdale Rail Study Jim Gosnell, SCAG I
dim Gosnell, deputy director of the Southern_California Association of
Governments, will provide an overview of a federally-funded study that
focuses on how LAX,, l/an Nuys and Palmdale Airports can be linked by
rail.
8. Recommendations to the Governor and the Legislature Mehdi Morshed A
Based on actions and directions adopted to date, the business plan will
include corridors, cost estimates, ridership projections, a financing
· Strategy and other necessary information for a high speed train network
that can proceed toward implementation.· At this time the Authority will
discuss and act on its recommendations to the Governor and the
£egislature-as_to.actions_that..~hould be..taken_tawarddmplementation ..... _
9. Preliminary Review and Discussion of Selected Sections of the Draft Mehdi Morshed A
Business Plan
Staff and members will discuss the content of those sections of the business
plan that have been drafted. Direction and comments will be provided.
10. Presentation of Benefit Analysis Dan Leavitt A
Dan Brand, Charles River
Staff and consultants will present an analysis of the user and non-user
benefits of the proposed high-speed train network. Associates
11. Public Comment (an opportunity for public comment will be provided
during each action item)
"A, denotes an "Action" item; ,/, denotes an "Information" item.
925 L Street, Suite 1425 Sacramento, CA 95814 (916) 324-1541, (916) 322-0827 fax
DEPARTMENT OF RECREATION AND PARKS
DATE: November 5, 1999
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Lifeguard Training
As I am sure you recall, last year we had a training schedule conflict for two
or three of our lifeguard candidates. Specifically, when we scheduled our
training, we were unable to obtain a swimming schedule for the high school
competitive season which resulted in a conflict between a scheduled training
and one of the final high school swim meets.
In an effort to avoid a similar problem in the future, beginning December 17-
19, 1999 and continuing each month until next summer, we will be offering
lifeguard training.
We expect that in addition to providing more options and flexibility for the
candidates, it should give us a good head start on training, provide trained
staff for early season activities such as pool parties, and "lighten" the load
when the majority of the candidates are typically trained.
If you have any questions, please let me know.
c: Citizen's Community Services Advisory Committee
DEPARTMENT OF RECREATION AND PARKS
DATE: November 5, 1999
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Concerts
During our budget hearing, the council requested that we expand our concert series to
include concerts in Wards that did not currently have this program. The approved budget
included funds for this expansion that will provide for a total of six new performances.
Listed below is the tentative schedule for the expanded program. Dates were selected to
avoid conflicts with other programs and to ensure that adequate staffing was available.
Date Park Ward Music
March 7, 2000 Pin Oak 4 Swing
March 14, 2000 Siemon 3 Celtic
March 21, 2000 Wilson 7 Blues
May .16, 2000 Central 2 Bluegrass
May 23, 2000 MLK 1 Gospel
May 30, 2000 Jefferson 2 Latin Jazz
If you have any questions or require additional information, please let me know.
c: Citizen's Community Services Advisory Committee
Greater Bakersfield Vision 2020
Community Input - November 2, 1999
Highland High School
What do you like about Greater Bakersfield? What are our strengths?
Friendly, caring people,community volunteers, easy to get involved in
community activities 51
Affordable housing 49
Downtown redevelopment/streetscape, revitalization 42
Location: close to oceans, mountains, urban, easy access to world 40
Cultural diversity (including religions) 37
Educational opportunities: CSUB and Bakersfield College 36
Additional separate listings included:
Great community college: Bakersfield College (9)
CSUB (5)
World leader in agriculture and oil-Greatest Ag area in world 35
Small city-small town character/atmosphere 29
Family oriented-Good place to raise family 26
Accessible public officials 26
Long-lasting, family owned businesses 25
Community minded people-charitable giving (compassionate community) 23
Cultural activities - theatre, performing arts 22
Symphony (5)
Fox Theater (5)
Museums: Kern County Museum, CALM, Bakersfield Art Museum,
Buena Vista Museum, Lori Brock Museum
Buena Vista Museum of Natural History (2)
CALM (1), Lori Brock Museum (1) 22
Kern River runs through Greater Bakersfield 16
Centennial Gardens 16
Neighborhood parks 13
Relatively light traffic, uncongested -comparatively speaking, proximity
to work-no commute 12
Low cost of living 9
Kern River Parkway 9
Bakersfield Business Conference 9
Youth Activities 8
Unique transportation structure: air, rail, trucking 6
Large companies with"small city feel" 6
Strong business community 6
Conservative community 6
Law enforcement agencies strong and do an excellent job, safe streets 6
Bike and horse trails 5
Cool evenings, spring and summer 5
Room to grow, ie: airport 5
Kern Medical Center-teaching hospital (UCLA affilitated) 5
Safe schools/addressing security in school 5
6 lane roads/transportation 5
Good community organizations 5
Northeast Bakersfield - beautiful place 5
Proximity to rural area (farms) 5
New Soccer Park complex 5
Panorama Parks Walkway 4
Neighborhood Schools 4
International Trade & Transportation Center (ITTC) 4
Community with a history 4
Good infrastructure 4
Business/community partnerships 4
"less developed" - can learn'from other cities' mistakes 4
Business Conference, Mesa Marin (racing), Centennial Garden 4
Not Los Angeles-no urban sprawl 4
River Walk 3
Any individual can affect change 3
Tree Foundation 3
Trees 3
Parks 3
The Marketplace 3
Crystal Palace & "Bakersfield"sign 3
Crosstown Freeway 3
Lots of opportunity for outdoor recreation 3
Good water 3
Kern County Network for children 3
Great affordable golf courses 3
View from the Bluffs/Mountain view 3
Economy 2
Beautiful city- rolling, golden hills 2
Good public transportation - GET 2
Affordable labor 2
Kern River Canyon 2
Rio Bravo Tennis & Golf 2
Bakersfield Blaze & Bakersfield Condors 2
New Churches 2
New High Schools 2
Have an airport 2
Dewars 2
Planned neighborhoods (Master plan) 2
"Nashville West" 2
Mesa Marin 2
Good restaurants 2
Beale Park - concerts 1
Teen Challenge-drub rehabilitation 1
Assoc. of Old Town Kern 1
Good newspaper 1
Landscaping - Southwest Bakersfield 1
Famous people 1
Variety in the community calendar 1
Mild/good climate 1
Synchronized stop lights
Nice summer nights
Strong community theatre
Arts still in schools
Lake Ming
Truxtun Lake
3 major TV networks and radio
Bakersfield City School District does a good job-is very large
Hub for freight
Heart Hospital
Great high school sports program
Vision '2020
Fishing
Great Mexican restaurants
Basque restaurants
Kern Rafting
Strong faith community
Christmas parade
Vegetation
Bakersfield College Football
Frank Gifford
Pro-athletes
What are Greater Bakersfield's key weaknesses? What don't you like?
Poor air quality, air pollution 50
Urban sprawl/uncontrolled development/residential encroachment on ag land;
Fragmented city jurisdictional boundaries 36
Underperforming schools K-12; educational achievement below state avg. 33
Antiquated airport (small) & air service 27
Poor image/Negative perception by outsiders 22
High unemployment rate 20
Poor planning-Hwy 58/Freeways to nowhere; Poor downtown (East-West)
freeway system 19
Increasing gang activity 19
Lack of P.M. activities/lack of activities for adolescents 19
Lack of Northeast development/plan 15
No long range plan/lack of adequate planning for growth 14
Some congested roads; traffic flow; lack of freeway 13
Lack of high tech companies 12
Number of blighted neighborhoods 12
Lack of vision 12
Farm land conversion 12
High drop out rate 12
Graffiti 11
Lack of African-American BBQ/Cajun Food/Good Gumbo restaurants 11
Road maintenance-potholes 10
Uneven distribution of resources ($ public/private investment) 10
Lack of Southeast and East Bakersfield development 10
Not enough trade school/vocational education opportunities 10
Lack of economic diversity 9
Lack of trees in parking lots 9
Lack of visionary leadership (elected officials) 9
Failure to follow 2010 Plan, ie: Pacificana 9
County "islands"/pockets in city limits 9
Poor public transportation/not enough downtown 9
Water contamination/environmnetal contamination 8
Vacant properties-illegal dumping 8
Potential for limited water supply 7
Vacancies in Northeast mall/lack of business 7
Not sufficient parenting skills 7
Lack of cooperation betyween elementary and high school districts/
extraordinarily large school districts 6
Lack of police in low income areas 6
Crime 6
Ghetto areas 6
Discrepancy between older and newer neighborhoods 5
Uneven distribution of new housing 5
Limited hi-tech/professional education opportunites 5
Racial bias 5
Too much new development 5
Substance abuse 5
Lack of neighborhood schools/due to school busing 4
Too much new housing at expense of existing housing 4
Stop giving So. California our water 4
High rate teen pregnancy 4
Low diversity of economic base 4
Low wages 4
Lack of prioritized infrastructure: city/county 4
Low priority of education 4
Lack of higher education opportunities 4
Lack of positive attitude of people who live here-poor self-image 4
Weather: Heat, Tule fog 4
Not aggressive enough on federal grants 4
Zoning for dollars 3
Homophobia 3
Low voter turnout 3
Lack of affordable housing 3
Dumping ground for L.A. 3
Sheriff response time slow 3
Timing on stoplight 3
Drug traffic 3
No sense of place 3
City and county annexation problems 3
"Good o1' boys" still trying to keep control 3
No ag preservation 3
Vacant buildings downtown 3
Vacant strip malls J 3
Not enough landscape & trees in Northeast 3
Some schools lack educational quality 2
Poor advertising for city 2
Low attendance at public meetings 2
No recycling program 2
Lack of meeting rooms for non-profits 2
Lack of access to public officials 2 ,~f
Plans change due to influence 2
Continuing attitude of provincialism 2
Too much pesticide usage 2
Too many overhead power lines in Northeast Bakersfield 2
Lack of intergovernmental relations 2
Commercial building standards/master plan 2
Limited power of Mayor 2
Ratio of government employees to citizens 2
Don't let us be a bedroom community of L.A. 2
Too much control, over regulhtory growth compliance 2
No mandatory trash pickup-county 1
Regional prejudice (sibling rivalry SW, NE, NW) 1
"Colonial" economy 1
Non-pedestrian friendly 1
No high speed rail 1
Erosion of private property rights 1
Not enough public art 1
Lack of emphasis on school attendance
City-county cooperation
Expensive services
Deteriorating infrastructure
Attitude about city
Limited opportunities in high school for hi-tech training
Odd number of city council members
National low ranking
Overzealous D.A.
No Nordstroms
Outreach to people of color and limited English speakers
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
November 12, 1999
TO: Councilmember Couch
FROM: John W. Stinson~, A~Js;i/stant~ity Manager
SUBJECT: Referrals dated 1113/99
The following are staff responses to the referrals made by you on 11/3/99.
#1 Question: "What does our legal staff think of Mrs. Knight's letter?"
Response: As City Attorney, Bart Thiltgen and I discussed with you last week, the
City Attorney's Office responded to your question in the confidential
memorandum previously provided to you. Per your request, we will
make sure you receive another copy under separate cover.
#2 Question: "Some citizens are concerned that this work was paid for by the City.
The Admin.' Report states the work was "done" by Normal
Development. Did they also "pay" for it?"
Response: All work performed by Normal Development was paid for by Normal
Development. A memorandum is attached from Public Works in
response to your question.
#3 Question: "1 need to agendize an item re: this situation. A policy may be
needed, in my opinion, for future changes to the K.R. Freeway and
the effect on approved maps."
Response: It is my understanding that you have spoken with Development
Services Director, Jack Hardisty and have indicated you would like to
study this issue a bit more before placing it on the agenda. He said
you will let staff know when you want staffto continue working on this
issue.
Councilmember Couch
November 12, 1999
Page 2
#4 Question: "Please have Mr. Rojas review and call me."
Response: There is a memo attached from Public Works indicating your
discussion with Public Works Director, Raul Rojas and a copy of the
Joint letter sent to residents in the Shellabarger Road area.
#5 Question: "Please have Mayor Price call me re: this."
Response: It is my understanding that you have spoken with the Mayor regarding
the letter and need no further staff assistance.
JWS
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~~
DATE: November 8, 1999
SUBJECT: NORMAL DEVELOPMENT AGREEMENT
City Council Referral #WF0018299 / 00! - Couch
"Couch referenced the Administrative report from the October 20th Council meeting
relating to agreements with the U.S. Department of Interior, Bureau of Reclamation and
work performed by Normal Development. Couch inquired if the work was paid for by
Normal Development? Couch states that some citizens are concerned that the work may
have been paid for by the City. Staff to report back to Couch on this issue."
All work performed by Normal Development including all work on Rosedale Highway, and
work associated with Jet Way was paid for by Normal Development.
As part of the agreement, the Bureau of Reclamation required the bridge across their canal
be maintained by a public entity even though it was constructed and paid for by others.
This is a typical requirement of canal companies. Similar examples include a bridge
constructed by Coleman Homes over the Arvin-Edison Canal near Panama Lane and the
Monitor Street bridge over the same canal further to the east.
s/w: G:~GROUPDAT~Referrals~Couch\normal development agreement.wpd
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
l ZOSZ
REQ/JOB: WF0018299 / 001 PROJECT: DATEREQUEsTPRINTED:DATE: 1~/03/99
CREW: TIME PRINTED: :26:58
SCHEDULE DATES
LOCATION: ST~T: ±±~03~99
LOCATION ID: ZIP CODE: COMPLETION: 11/10/99
FACILITY NODES
GEN. LOC: FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: RBARNHAR WORK TYPE: REFERRAL
DESCRIPTION: NORMAL DEVELOPMENT AGREEMENT
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS***
COUCH REFERENCED THE ADMINISTRATIVE REPORT FROM
THE OCTOBER 20TH COUNCIL MEETING RELATING TO
AGREEMENTS WITH THE US DEPARTMENT OF INTERIOR,
BUREAU OF RECLAMATION AND WORK PERFORMED BY NORMAL
DEVELOPMENT. COUCH INQUIRED IF THE WORK WAS PAID
FOR BY NORMAL DEVELOPMENT? COUCH STATES THAT
SOME CITIZENS ARE CONCERNED THAT THE WORK MAY HAVE
BEEN PAID FOR BY THE CITY. STAFF TO REPORT BACK
TO COUCH ON THIS ISSUE.
Job Order Description: NORMAL DEVELOPMENT AGREEMENT Cat~gory: PUBLIC WORKS
TasK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE / / COMPLETION DATE
RAPID MEMO
~Adams SCl158
ADMINISTRATIVE REPORT
I MEETING DATE: October 20, 1999 I AGENDA SECTION: Consent Calendar
I
I
ITEM: 8..~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 12, 1999 CITY ATTORNEY
CITY MANAGER ~/.
SUBJECT: Agreements with the United States Department of the Interior, Bureau of Reclamation, Central
Valley Project, California (Ward 4):
1. Contract and Grant of Easement for Coffee Road
2. Contract and Grant of Easement Access road and Bridge Across the Friant-Kem Canal
RECOMMENDATION: Staff recommends approval of the contracts.
BACKGROUND: In May of 1997, the City of Bakersfield entered into a license'agreement with the Bureau
of Reclamation for the construction of a new crossing of the Friant Kern Canal south of Rosedale Highway
and east of Coffee Road. This crossing was for Jet Way, an entrance road into the new shopping center at
the southeast corner of Rosedale Highway and Coffee Road (Lowe's). Additionally, the City was granted
permission to construct a right turn lane for Coffee Road. These agreements allowed the City to construct
improvements on the Friant -Kern Canal, with the understanding that, when the improvements were complete,
the City would be granted permanent easements for these projects. The work was done by Normal
Development, the developer of the shopping center.
Construction of the improvements is now complete and the Bureau of Reclamation is granting to the City the
permanent easements for both the turn lane (No. 1 above) and for Jet Way (No. 2 above).
October 12, 1999, 10:01AM
G:\GROUPDA'I'~DMINRPT~1999\October20\PM10236 easements.wpd
0CT-13-1999 12:05 BUREAU OF RECLAMATION 209 489 5~? ~.~
When rec, ord.,~d re:th"n
U.S. Depadment
Bureau o/' Reclamation
Attention: Land Resotu-~ Manasemcnt
2~-~6 N. C-rove Industr/al Drive, Su/te ]
Fn:sno, CA 93'/27-1551
Coat'act No. 9-07-20-L7092
LrNITED STATES
DEPARTME~ OF THE INTERIOR
BUREAU OF RECLAMATION
CENTRAL VALLEY PROJECT, CALD~O~NIA ..........
CONTRACT AND GRANT OF I[ASEMENT
FOR COFFEE ROAD
THIS CONTRACT, is granted this day of ,1999, pursuant to the Act of
Congrtss approved June 17, 1902 (32 StaL 358) alld particularly the Act of congress approved August 4, 1939
(53 Stat. l 187), and acts amendarory thc'reof or supplementary then:to, all of which acts are commonly kllOWll and
referred to a.s the Federal Reclamation Laws, by and between thc UNITED STATES OF AMERICA, hen:inafter
called the "United States", l-epreseilted by the officer executing this instrtlment oil its behalf, arid the
CITY OF BAKERSFIELD, a political subdivision oft. he State of Calit'omia, acting by and through its City Council,
hereinafter called the "City".
RECITALS:
The United States acquired certain lauds for the right-of, way of the Friant-Kem Canal in connection with the
Central Valley Project, and the City has requested that the United States grant to it au easement for the consh-u~tion,
reconsla'uction, operation, and maintenance of.a portion of Coffee Road over, on, and across said lands in the Northwest
1/4 of Section 28, Township 29 South, Range 27 Past, M.D.B. & M., County of Kern, State of California; and
The Friant Water Users Authority (FWUA) is responsib[a for the operation and maintenance of the l;'riant-Kem
Canal; and
The United States has det~-mbaed the grant o. fsuch easement under the terms and conditions hereinafK.-r
provided will not be incompatible with thc purposes for wkich the lands wea'e acquired and are I:,:ing adminisK.-red on
behalf of thc United Stales.
IT IS AGREED:
In consldcration of the pr~'mises and subject tn thc terms and cond/Qons hereinafter set forth, the pm't/es hereto
agree as follows:
I. DESCRIPTION OF EASEMENT., The United States hereby grants to the City a permanent, nonexclusive
easemcnt for public roadway purposes on, over, and across the lands of the United States de.~ribed in "Exkibit A" and
shown on a map marked "Exhibit 1~", which are attached hereto and by reference made a part her~o£ This grant of
easeme~tt shall include thc fight of thc City to enter thc above-described lands, hereinafter referred to as the "Easement
Premises", to construct, n.'construct, operate, and maintain Coffee Road, a segment or' the City's public road system, and
structures appurtenant thereto, in accordance with plans previously approved by the United States and FWUA, received
November 2 I. 1995, titled Coffee Road & Brimhali Road Widening, la sheets, Job T3K016, prepared by or under the
direction of lacques R. La Rochelle, Registered Professional Engin~'r, including Adck, nclums one (1) through four (4).
2. RESERVATIONS AND EXCEPTIONS_ The easement described in Article 1 above is granted subject to
the following rcsc-rvations and exceptions:
(a) The existing rights in favor of the public or third parties in the Fa.se'mc-ut Prcmlses. The City
recognizes that it is its sole responsibility to make whatever arrangements as are necessary to obtain such rights as may
be requirccl by the City from any other party or parties holding any other interest in the Easement Premises,
Co) There is reserved from the rights herein granted, the prior rj~ht~ ogthe United States a~ting
through the Bureau of Reclamation, Dcpartrncnt of the Interior, to construct, operate, and maintain public works now or ':~
hereafter authorized by the Congress without liability for severance or Other damage to the Cit)~s work; Provided.
however, that if such re'served rights are not idenQficd'in at least general terms in this grant and exercised for works
authorized by the Congress within 10 years following this date of this grant, thc'y will not be exercisccl unless the City or
City's successor in interest is notifi~xt of thc need and grants an cxtemion or waiver. If no extension or waiver is granted,
thc Government will compensate or institute mitigation measures for any resultant damages tn works placed on said
lands pursuant to the rights hr.'rein granted. Compensation shall be in the amount of the cost of rcconstnu:tion of City's
works to accommodate the c~cn'cise of the Government's reserved rights. As alternatives to such compensation, thc
United States, at its option and at its own expc'nse, may mitigate the damages by reconstructing thc City's works to
accommedatc the (]overnmcnt facilities, or may provide other adequate measures for any damage to t. he City's property.
or right_ The d~ision to comp~rmatc or mitigate is that oft. he Regional Director, Mid-Pacilic Region,
(c) Thc United Stat~ reserves thc right of its officers, agents, and employees at all times to have
unrestricted access and in.ess to, passage over, and egress fi'om all of said Inn,Is. for the purpose of exercising,
enforcing, and protecting the rights re~.rved hereunder,
(d) The rights granted hereunder shall not be exclusive in character and the United Sta~.s reset'yes to
itsclL its successors and assigns, the right against the City to use the lands crossed by or upon which irrigation and
drainage facilitic.s and works of the United States have be~ constructed, and to construct, reconstruct, operate, and
' maintain therein and thereon dams, dikes, canals, wasteways, laterals, ditches, telephone and telegraph lines, electric
transmission lines, substati°ns. ~vitchyards, powerplants, communication structures, roadways, and oth~ appurtenant
irrigation, drainage, and power structures which may be n~¢~ or useful in connection with or as a part of canals,
laterals, and other irrigation and drainage'facilities, or other authorized purposes, without any payment by the
United Stat~, irs succ~:ssors, or assigns for thc exercise of such right, and the City agrees that it'the construction,
reconstmctiort, installation, operation, or maintenance of any or all of.such works of tile United States, on or .across
land at thc above-described location should be made mom expensive by reason otany structure, improvemc, nts, or
work~ o/'the Git'y, such additional expense may be estimated by thc Secrets.? of the Interior whose estimate ~h~ll be final
and bind/rig upon thc parties her~/o, and within thirty (30) days after demand is made upon thc City for payment of any
9-07-20-L7092 2
0CT-~5~1999 12:06 BUREAU OF RECLAMATION 209 4~Y b~'t ~.~4
such .~xns, the City will m~c payment ther~f to the United Sta~es or i~s successors or assigns consln~ting such works
across, over, under, or upon said rights-of-waY; Provided. That nothing her~in shill be ;orca'trued as pwhibithlg the City
from ~ua~sov/ng or relocating its facilities to other locations to be approved in writing by the Contracting Officer so as not
to interfere with such works of the United States, all at the City's sole cost and expense; and Provided, fu~er_ That ally
such removal or relocation shall be completed within sixty (60) days from the dat~ of notice fi'om the United States or its
successors or assigns of its iutention to camsmact such works.
(e) Jurisdiction and supu~ision of the.United States ov~.-r the Easement Premises are not s'urru-adered
or subordinated by the issuauce of this Contr~t md the Unitud States reserves the fight to issu~ other easem~ts,
rights, of-way, permits, or other agreements for compatible uses of the lands descrilx:d in ~s Conlxac. t.
3. I~ISCELLANEOUS COi~IDITIONS. In the ruse of the Easement Pn~mises de.s~ribed in Article I above, the
City shall faithfully observe each or'the following conditions:
(a) The City Shall not use the Easement Prunnises for any purpose e~e, ept as set forth ia said Article 1,
(b) The citY accepts the Easement Pta'raises "As Is" and aclmowledges that the United States is
under no obligation to improve the pr~.sent condition of the Easement Premis~.
(c) The City, at its .role expense, shall consmact, r~onsta'uct, install, ope:rate, and maintain said
Road substmatially as shown on the aforesaid plans. Additional construction, r~,:oasmmtion, relocation, or use of the
Easement Premises which is not in accordance with this Contract and C-runt of Easement shall not be initiated withou~
the prior written approval of the United States and FWUA. Additionally, the City will be r~luired to reimburse the
United Stat~s for its administrative costs involved in the review and approval of such additional activities.
(d) Tim City shall, fxxma time totime, upon reasonable reclu~st from the Uuited States, promp~
repair or alter any part of thc road to Preclude damage to the fadlities of the Uaited States, and the City agrees to
perform all sugh repair or alta'ration without regard to the cause, except whu~ caused or necessitat~ by an act or
omission of thc United States. This provision shall not, however, n:licve the City fi.om the duty ot'inspe~tiag gad
keying the road in ~ proper'and safe condition without the request of the United Sta~es. nor place upon the United
States the duty of inspecting or maintaining the road installed by or for the City. I.a the evemt thc City should f~ to
promptly make such repairs or maintain the road after 30-days v, vittea notice by the Unit~l States, the United States
may, at the election of the.Regional Direa:tor of the Bureau of R~lamation. ~ntcr and make s'~h r~airs or perform such
maintenance at the expense ofth~ City.
(¢) The City shall provide pea'pctual maintu~ance c~f the lam:lsc~ping of the adjacent landscaped ar~a,
Fri,nt-Kem Canal S~tion g 122+21.98 to Station g 136+26.3g. md described in drawings titled. City of Bakersfield,
Coff~: Road Landscapefflrrigation Improvements. Betxveen Rosedalc Hwy./Brimhall Rd., Revised 6/2/99, 17 sheu. ts, Job
No, T3K016, by Theodore D. Wright. Registered Professional Engineer. Should the City fail to maintain the
laudscaping in a satisfactory manner, as determined by United States and FWUA, the United States gad/or FWUA may,
at the exp~.mse of the City, correct said defi¢icndes. Any modifications to landscaping plans or ~ypes of plantings shall
require prior written approval by United Stat~s and FWUA.
(t3 The city shall at all times ~xcr~ise its rights h~rein in accordance with all Stat,:, Federal. and loC. al
laws, regulations, ordinances, and orders al~cting such use, including, but not limiu:d to all thos~ ix:training to pollution
control, envirom, n~ntal protection, air and water quality., public heatlth, and public safety.
9-07-20-L7092 3
(g) During the performance of the work authorized by tlxis Contract. thc City shall carry out proper
and efficient measures wherever and as often as necessary to ri:duce dust nuisance and to prevent dust which has
originated fix~m its operations from damaging crops, orchards, cultivated fields, and dwellings, or causin§ a nuisance to
persons.
ih) The City shall exercise due care in the use of the Easement Premises so as not to interfere with the
proper use and operation of or cause injury, or damage to any property, irrigation and drainage facilities, or wodr. s of the
United States.
6) The City shall reimburse the United States for any and all costs and expenses incurred in the
defense of any action which challenges thc City's use of the above.described lands.
(j) The City shall be liable for all taxes and assessments, ii'any, against the Easement fights granted
herein.
4. ?ROT~CT~ON O? CULTLrR~ R~;$C~rRCES.
(a) In the event cultural resources (human remains, artifacts, cultural debris-bone, shell, charcoal,
wood) an: discovered during actions authorized herein, City shill be re, sponsible for cea.sing project a~tivity fi.e., wlthi,~
thc proximity of the cultural find). If Native American human remains are discovered on Federal land 25 USC 3002,
Sec. 3 (d) of the Native American Graves Protection and Repatriation Act (NAGPRA) applies. Reclamation, including
the Regional Archeologist. will be contacted to determine appropriate actions to comply with NAGPRA and the
National FIislm-ic Presep,'ation Act (NHPA).
Co) City shall be responsible for r~orting the find to United States Bureau of Reclamation and local
authorities, as required by local, aate and Federal law and coordinating instructions from cultural resource professionals
approved by UniU~l States Bureau of'Reclamation to assure proper resolution.
S. TERM. This Contract and Orant of Easem~.mt shall hereafter be &-creed to replace and ~perscdc thc
License issued for the Coffee Road widening, Contract No. 6-O7-20-L6540, dated Deccrnber $, 1995. Unles~
terminated as herein provided, the easement fights de~fibc4 herein are granted to the City in perpetuity.
6. ,T.~,~glll~fi~. This Contract shall t~.wrninate and all fights ofthe City hereunder shall fiease upon the
following:
(a) After failure of the City to observe any of the conditions of this Contract, and on the BOth day
following service of wrinen notice on the City of termination because of failure to observe such eonclifions; or
CO) At any time by the City upon three (3) months written notice to thc United States; or
(c) .At its option, by the United States for nonuse of the Easement P/cruises by the City for a period of
txventy-four (24) consecutive months.
The notices provided by this Article shall be served by certified mail addressed to the respective addresses
given in Article 9 herein, and the mailing of any such notice properly enclosed, addressed, stamped, and cer~ilied, sh~ll
be considered service..
The Uniwxi States will determine it'the City's improvcmcmts, facilities, and appurtenances will be removed
upon termination. Lethe United States determines that said improvements, facilities, and appurt~.mances shall be
removed, re-moral shall be made within thin).' (30) days ~er termination, and th,: Ea.~ement Premises ~vill be restored to
9-07-20-L7092 4
0CT-13-1999 12:07 BUREAU OF RECLAMATION ~ z~y 5~"f ~.~b
a condition sa6sfactory to the United States and FWUA. Said removal and restoration activities shall bc at the sole cost
and expense of the City. I.n the event the CiF does not within thirty (30) days al'tot the termination oft, he Contract,
remove all improvements and facilities constructed or installed by the City, and re, store the premiss to a condition
satisfactory to the United States and FWUA, the United States or its designee may remove the improvements and
facilities placed on the above lmadz; dispo~ of all materials and equipment so removed by stroh me.s~s as may appear
advisable to return the Easement Premises to a safe, usable, and cleared condition; and recover ali costs of removal,
di~osal, md rchabilitaIion of the Ea,srment Premises from the City.
7. BRFACId OF CONTRACT. Enforc~,'ment of the tea-ms of this Contract shall be at the discretion 'of the
United States, 'and any forbearance by United States to exercis~ its fights under this Contract in thc event of any breach
of any term oft. he Contract shall not be construed to be a waiver by United States of such terms or o/'a~y subsequent
breach of the same or any other t~'m of this Contract or of any of United States' rights under this Contract, No delay or
omission by United States in thc exercise of any right or remedy upon imy breach by City shall impair such right or
remedy or be construed as a waiver. Further, nothing in this Conjunct creates no~-discrdiona~/duw upon the United
States to enforce its provisions, nor .h.lt deviation from these terms and proced~s, or failure to enforce its provisions
give rise to a private dght of action against United States by any third parties,
8. (~OlqSIDERATION.
(a) Be~nning as of the effective date of this Conlract and thcrcaltcr unfil such privileges
are relinquished or terrain.ted as hcn-ein provided, the City may enter, occupy, and use the described lands without
charge for the purposes of constructing, reconstr~ting, operating and maintaining Coffee Road and structures
appurlx.-nant thereto. Th~ United States has waived the value of thc right-of-use in accordance with 43 CFR 429.6(¢)(3).
I'b) In accordance with 43 CFR 429.6C0), the City shall pay all administrative costa incurred by
United States in isslilng this Conlraet,
9.~,
(a) Any notice, demand, or request required or authorizc, d by this Con~ract to be given or made to or
upon the United States shall be deemed properly given or made if delivered or mailed postag¢-pr~.-paid, to thc Regional
Resources Manager, Bureau of Reclamation, 2800 Cottage Way, Sacramento CA 95825-1898.
Co) Any notice, demand, or rt.'quest requ/red or authorized by this Contract to be given or made to or
upon the City shall be deemed pwperly given or made i/delivered or mailed postage-prepaid, to City of Bakersfield,
Public Works Department. 1501 Tru.x'tun Avenue, Bakerslield, California 93301,
(¢) Thc designation of the person to or upon whom any notice, demand, or request is to be given or
made, or the address of such person may be changed at any time by notice given in the same marmot as provided in this
Article for other notices.
9-07-20-L7092 5
0CT-13-1999 12:08 BUREAU OF RECLAMATION 209 489 592"?
GF~N£ RA L PROVIS IONS
IO. HAZARDOUS MATERIALS. During line performance of tiffs Contract, the Ci ,ry, hereinallcr referred ~o
as the "Contractor" agna~ as follows:
(a) The Contractor shall comply with all applicable Federal, Sate, and local laws and ~gulations,
and Reclamation policies and iasmactions, existing or hereafua- enacted or promulgated, concerning any hazardous
material that will be used, prc~lueed, transported, stored or di:,'posed of On or in lands, wate~ or facilities own ~t~:l by the
United States or administered by Reclamation.
(b) =Hazardous material= means any substance, pollutant or contaminant listed as hazardous under
th,: Comprehensive Environmental Response, Cora~on, and Liability Act of 1980, as amended (42 USC 9601,
et em.q,3, and the regulations promulgated pursuaut to that Act.
(c) The Contractor may act allow c~atamination of lands, waters, or facilitiu,~ owned by the United ..
States or administered by Reclamation by hazardous materials, thermal pollution, refuse, garbage, sewage effluent,
indus~ial waste, petroleum products, mine tRilings, mineral salts, pesticides (including, but not limited to, the mlau.~e of
pepcid .es), pesticide eonta/ners or any other pollutant~.
(d) The Contractor nhAl! report to Reclamation, w~th!n 24 hours afits occurrence, any event which
may or does result ia pollution or ¢ont~l--~ion adversely affec~g land.s, waters or fa¢iliti~ owned by the United
States or administered by Reclamation.
(e) Violation of any of the provisions of this Artiete shall constitutc grounds for immediate
u-n'miaatioa of this Contract and ahall make the ConU'actor liable for the co.st of full ami complete remedi,,fion and/or
renoration of any Federal resources or facilities that are adversely affected as a result of the violation.
(f) The Contractor agrees to iaclufle the provisions contained ia'paragraph (a) through (0 of this
At'dele in any subcontract or third parry contracts it may eater into pursuant to this ConU'act.
(g) Reclamation agrees to provide information necessary for the Contractor, using reasonable
diligence, to comply with the provision of this Ar'dele.
I 1. NONDISCRIMINATION. During the performance of this Contract, the City agrees az fotlows;
(a) To comply with Title VI (Section 601) of the Civil Rights Act of July 2, 1964
(78 Stat. 241), which provides that" .. no person in the United States shalI, on the ground of race, color, sex, or
national origin be cxcluded flora participation ia, be denied the benefits oi; or be otherwise subju'~texl to discrimination
under any program or activity for which the City receives financial assistance fi.om the United States .... "and to be
bound by the regulations of the Department of the Interior for the effectuation thereof, as set forth ia 43 CFR Part 17.
Co) To obligate its subcontractors, subgrantees, tr~usfere~s, successors in interest, ar any other
participants receiving Federal financial assistance hereunder, to c~mply with the requinement.~ of this provision.
(c) In the ~,-vent that a final decision cfa hearing examincr or of the Dh'~ctor, O~ce of Hearings and
Appeals. pursuant to 43 CFR Part 17, provides for termination of or refusal to g~ant the right provided by this Contract,
the Secretary of the Interior may terminate this Contract and revoke the grant. This provision shatl be a covenant
ming with the land during the period in which the property is used for a purpose for which the Federal financial
a.s~istance is e,x'tendcd or l~br any other pta-po.sc involving the provisions of ~milar ser~qccs or benefits.
' 9-O7-20-L7092 6
0CT215-1999 12:09 BUREAU OF RECLAMATION 209 48? 592? P.08
12. EOUAL EMPLOYMENT OPPORTUNITY. During the performaa~ of this Contract, the City,
hercinaflu-r referred to as the "Contractor", agre~ as follows:
(a) The Contractor will not di.scrimlna~ against any employe~ or applicant for employment beeau.~
of race, color, r~ligion, sex. or national origin. The Contractor will ~ aff'umative action to ensure that applicants and
cmployee~ arc treated during a-apioyment without regard to their race, color, r~ligion, sex, or national origin. Such
action will include, but not be limited .to, the following:. Employmeat, upgrading, demotion, or transfer; recruitment or
r~cruitment advertising; layoffor termination; tales of pay or other forms of comp~atlon; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants
for. employment, notices Io be.provided by the Contracting Officer setting forth the provisions of this nondiscrimination
clau.~c.
(b) The Contractor w/Il, in all solicitations or advertisements for emptoye.~, pla~ed by or on b~halfof
the Contractor, state that all qualified apphcants will re~:eive ¢onsider~on for employment without regard to their ra~,
color, religion, s~x, or national origin.
(¢) The Contractor will send to each labor union or representative of workers with whom the
Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the
Contractihg Officer, advising ~tid labor union or workers' repre~'atafive of the Contractor's commitments und~ Section
202 of Executive Order 11245 of Septeanber 24, 1965, as amended, and shall post copies of the notice in con.~laic-ou.~
places available to employees and applicants for employmont. -
· (d) The Contractor will comply with all provisions of Executive Order No. 11246 of September 24,
1955, as amended, and of the rules, regulations, and relevant orders of the Sec. retaty of Labor.
(¢) The Contractor will furnish all information and reports required by said amended Exeoufiw: Order
and by the rules, regulalions, and order~ of the Secretary of Labcr, or pursuant thtaxto, and will p=~mit access to its
books, records, and accounts by the Contracting Officer and the S~cretary of Labor for purposes ofinvestigatlon to
asceg, sin compliance with such rules, regulation.s, and orders,
(0 In the event of the Contractor's noncompliance with the noMiserimination clause of this Contract
or with any of thc said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or
in part, and the Contractor may be declared ineligible for further Government contract~ in accordance with procedures
authorized in said amended Ex~;utiv¢ Order, and such oth~ sanctions may bc imposed and remedies invoked as
provided m said amended Executive Order, or by rule, regulation, or order of the 5o:retary of Labor, or as othcrwi,,a
provided by law,
(g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or
purchase order tmle.~ exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of said amended Executive Order, so that such provisions will b~ binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the contracting agency may dire'ct
as a means of c~forcing such provision.% including sanctio~ for noncompliance: Provided, ho~ver, That in the event
the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, th~ Contractor may request thc United States to c'nter into such litigation to protect
thc interests of thc United States.
13. SUCCESSORS IN INTFP. EST OBLIGATED~ This Con,'act shall bc binding upon and inure to thc
benefit of the successors and as.signs of the parties hereto; ~ whg_W...~.y~, That no assi~onment or transfer of any of
the fights of the Ci~ hereunder shall be maclc without the prior xmtt~a consent of the United Stat~s, which con.~nt w, ill
,:or be ara-easonably withheld.
9-07-20-L7092 7
0CT-13-1999 12:09 BUREAU OF RECLAMATION 209 48? 5927 P.09
I a. ~[Q_.W.a~,a~L,T~. The United States makes no w~'rmty, expressed or. implied, as to the extent or
validity of the grant contained her~in, or the condition at uny th-ne of the E~.%-meat Pr~aises, or any of the propu-~y of the
Unit ',.:d Stav~-s thereon, or thc suitability of the Easemen~ Premis~ for the purposes of the City.
1:5. I4OLD FIAR.MI l:'flS. The City hereby a~'e~s to hold harmless and indemnify the United States, FWUA,
their employees, ag~."nts, successors, or assigns from and against any ¢lulrrtu, demands, costs, los.,ae~s, causes of a~tion,
damages, or tiabili .ty of whatsoever kind or nature ~ising out of or resulting from acts or negligence oft. he City's
activities under this ConU'act, Additionally; ex~;ept for acm of negligence, the City ~leases the Unitext States, FWUA,
its. officers, employs:s, successors. ,nd assigns fi~m any and all liability for damage arising from injury to persons or
damage to .structures, equipment, improvements, or works of the city resuimg from ~ constru,:tiou, op tio,, or
maintenance of any of the woi-ks of the United States, ovided, that nothing contained in
deemed to modi~ or limit any liability which may be imposed by the Federal Tort Claims Act, 28 USC, Section 2617 et
ae, a. (1970).
(a) The Unitetl States shall not be liable for any damage to the improvements, facilities, or
appurtenances of the City which may result fi.om the consm~tion, operation, and maintummee of the Friant-Kem Canal
or other Reclamation project facilities, including damage which may occur as the result of seepage, floodage, or erosion
from the works constructed by the United States.
(b) The City shall be liable for my and all damages to the property of thc United States by reason of
the exercise of the rights and privileg~ granted by this Conlra~t.
17. COVENANT A~3AJ~IST CONTINGEN]_" F'F~S. The Ci~ walT~ats that no pm'son or agengy has been
employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established agencies maintained by
th~ city for the purpose of securing business. For breach or violation of this w~ranty, the United States shall have the
right to annul th.is Contraet without liability or in its discretion to require the City to pay, in addition to the Contxact price
or consideration, the full amount of su~:h commission, pt.n'uentage, brokerage, or contingent
I g. OFFICIALS NOT TO BENEFIT. No Member of or Delegat~ to congress or Resident Commissioner, and
no otficer, agent, or employec of the Department of the Interior, shall be admitted to any share or p~rt of this Contract or
to any l:,.mefit that may arise herefrotlk but this restriction shall not be ~ to egtend.to t. lxis Contract il'made with a
corporation or company for its genend benefit.
9-07-20-L?092 g
0CT-1D-1DcJ~ 1~: 11~ J~U~I-HU UP h0-~LHI'IHI iUI~ /=up 40 r a:~c:r r . ~o
IN WITNESS WHEREOF, this e~.~ment is glv~ as or,he date and year first above written.
UNITED STATES OF AMERICA
BY.
Rob~ F. St~khou,.~
Regional R~,~ur~s Manag~
Mid-Paci~c Region
Bureau of Reclamation
ACCEPTANCE:
T~: Ci~ of Bakersfiekk md its authorized representatives, by sig~atu~ below, agl~ to the terms and conditions above.
· CITY OF BAKERSFIELD APPROVED AS TO FORM:
By By.
Bob Price Alan Dale Daniel
Mayor As~'tmt City Attome'y
Dat~ Da~
APPROVED AS TO CONTENT: COUNTERSIGNED:
BY BY
Raul M. Roja.s C-~go~ Klimko
Public Works DirecTor Finance Director
Dat~ Daw
NOTED:
Friant Water Usc-~ Authority
Date SCC-451
9-07-20~L7092 9
'EXI~r~IT "A-
ADDITIONAL ROAD EASEMENT FOR ..
COFFEE ROAD SOUTH OF ROSEDALE HIGHWAY
A parcel of land in the northwest I/4 of Section 28, Township 29 South, Range 27 East. Mount
Diablo Base and Meridian, City of Bakersfield, County of Kern, State of California being more
particularly described as follows:
Commencing at the northwest comer of said Section 28; thence South 00°49'32" West along, the west
line of said Section 28, 45.01 feet; thence SOuth It9"$3'48'' East, 55.00 feet to the point of
· intersection of the south fight of way line of Rosedale Highway with the east fight of way line of
Coff'ee Road. said point also being the TRUE ?OINT OF BEGINNING;
. THENCE (1) South 89*53'48" East along said south right ofway line, 39.50 feet:
TltENCE (2) South 45 °2752" West, 34.86 feet;
TttENCE (3) South 00'49'32" West, 178.73 feet;
TI:~NCE (4) South 07'57'02" West. to a point 6n the east right of way line of Coffee Road, 120.93
feet;
TItENCE ($) North 00°49'32" Ea,~t along said east right of way line, 323.03 feet to the TRUE
POINT OF BEGINNI1N'G
Containing 4,247 s.f., more or less.
.-
~ COFFEE ROAD, IV, IV** ~
Ir}
NOO'49'J2"E I J2~ 03' ~ "
t
COFPEe ROAD ~AS=MEN t PBOM BUREAU OF REC~IMA~ON
EXHIB~ 'B '
[fEe ~e: ~51LE "
PUBLIC WORK~ DEPARTMENT
AC K]",i'OWLEDGMENT
(FOR, THE UNITED STATES)
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On this __ day of . .. i 9 , b~fo~ me,
, persoually appeared,
NAME, TITLE OF OFFICE~, - E,G. "IANE DO~ NOTARY PUBLIC"
~k o~ s,o~m ~.s o~, s~o~
personalty kno~ to me -OR- proved ~o mc on thc basis of satisfactory evidence W be the
pa'son who executed this instalment, and acknowlcd§~ to mc that cxccuuxi thc
same on behalf of ~he Unit~l S~al~s of America in ~c capacity therein stat~! ~ for ~o
put'poses therein conta/n~.
Wire,ss my hand and official seal.
8lC{NATr..J]~ OF NOTAI~Y
My Cor~'~ission e~ir~s:
(SEAL)
9-07-2O-L7092
0CT-1~-1999 12:12 BUREAU OF RECLAMATION 209 48? 592?. P.14
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF )'
On ~is day o£ , 19__.___, before mc,
, personally appc. m'ed,
N/~IF,, TITLE OF oFFICER - F_..O. 'I,~2~ DOE. NOTARy PUBLIC"
NAl,t.'t$ OF $IGI'C~R(8) TITLE OF 810N'SR~$)
personally known to mc -OR- proved to mc on thc basis of satisfactory evidence to be the
p~rson(s) who executed ~is instrument, and acknowledged to mc that executed the
· same on behalf of in thc capacity(ics) therein s~ated and for the
Nt~.ffi OF H~N'ITFY
purpose(s) therein contained.
Witness my hand and official seal.
5IONA't"UI~ OF NOTARY
My Commission exp/rcs:
(SEAL)
9-07-2O-L7092
12. EOUAL F~MPLOYlVlI~NT OPPORTLrlq[TY. During the performance of this Contract, the City,
hemlnatter r~ferred to a~ the "Contractor", agrees as follows:
(a) The Con~ractor will not discriminate against any employee or applicant for crnplo.~mem because
of race, color, religion, se.'q or national origin. The Conlractor will take affirmative act/on to ensure that applicants and
ernploye~ are treated during employm,nt without regard to their race, color, religion, sex, or national or/gin. Such
action will include, but not be limited to, the following: Employment, upgrading, dc'motion, or transfer, recruitment or
recruitment adve~ising; layoffor termination; rate~ of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous place, available to employees and applicants
for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondisa'irninatlon
clause.
(b) The Contractor will, in all soliciratlons or adv~ts for employt.~.s, placed by or on behalf of
the Contractor. sta~e that all qualified applicants will receive consida-ation for employment without regard to their rac~,
color, religion, ~x, or national origin.
(c) The Contractor will send to each labor union or representative of workers with whom the
Contractor has a collective b~rgaining agreement or. other ~ontraot or understanding, a notice, to be provided by the
Contracting Officer, advising said labor union or workers' repre~ntative of the Contractor's commltmcnt.s under Section
202 of Executive Order I 1246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous
places available to employes and applicants for employment.
(d) The Conwactor will comply with all provisions of Executive Order No. 11246 of Scpteml~r 24,
1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(e) The Contractor'will furnish all information and reports required by said amended ExeculJvr Order
and by ~he rul.es, regulations, and orders of the Secretary ot~Labor, or pursuant thereto, and will permit access to its
books, records, and accounts by the Contracl/ng Offic~ and the Secretary of Labor for purposes of investigation to
ascc-rtain compliance with such rules, regulations, and orders.
(t) in the evmt of the Contractor's noncompliance with the nondiscrimination clause of this Contract
or with any ofthc said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or
in part, and the Contractor may be declared ineligible for further Gova'nment contracts in accordance with proc~ures
authorized in said amended Executive Order. and such other sanctions may be imposed and remedies invoked as
provided in said amended Ex~utiv¢ Order, or by rule, rcgulaQon, or order of the Secretary of Labor, or as otherwise
provided by law.
(g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or
purchase order unlc~ exempted by rules, r~gulatiom, or orders of thc Se~r~ary of Labor issued pursuant to Sc~tion 204
of said amended Executive Order, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or puimha~e order as the contracting agency may dire, t
as a means of enforcing such providons, including sanctions for noncompliance: Ero~d~, howew-r. That in the evem
the Contractor b~comcs involved in or is threatened with litigation with a subcontractor or vendor as a result of such
direction by the con,ratting agc:ncy, the Contractor may request the United States to ~nter into such litigation to protect
the interests of thc United States.
I 3. SUCCESSORS IN 12SIT, In. ST OBLIGATI~D. This Contract shall be binding upon and inure to the
benefit of the succe~ors and assigns of the parties h~'et¢,; Pro¥ided, ~, That no assignment or transfer of any of
thc rights of the City hereunder shall be made without thc pr/or aritten conscmt of the United Stales, which consent will
not b= unreasonably withheld.
9-07 -20-I.7090 7
14. ~Q_~, The United States makes no warranty, expre..~ed or impLied, as to the extent or
validits' of the ~'ant containexi herein, or the condition at ~y time of the Easem~t Premise.s, or any of ~e property of the
United' States thereon, or the suitability of the Easement Pr~mise. s for thc purposes of thc City.
15. HOLD IqARM~FSS. Thc City hereby agrees to hold harmless and indz'mnify the United States, FWUA,
their employees, agents, sticcessor~, or assigns from and agai~t any c]aim~, demands, costs, lossc.s, caus~ of action,
damages, or liability of whatsoever kind or nature arising out of or resulting from acts or negligence of the City's -
activities under this Contract. Addiiionally; except for acts of negllgtmce, the City releases the United States. FWUA,
its officers, employees, stmcessors, and assigns fi'om any and all liability for damage arising from injury to perions or
damage to structures, equipment, improvements, or works of the City resulting from the consmiction, operation, or
maintenance of any of the works of the United States, Emvided. ~ that nothing contained in tlzis Article shall be
dc. emed to modify or limit any liability which may be imposed by the Federal Tort Claims Act, 25 USC, Section 21517 et
w.~l. (19'/0).
(a) The United States shall not be liable for any damage to the improvements, fa~'iliti~, or
apptu'tensnces of the City whi~:h may result from the construction, operation, md maintenance of the Frlant-Kem Canal
or other Rex:lamation proj~;t facilities, including damase which may oo:ur as the result of seepage, floodagc, or ~rosion
from the works constructed by the Ulzited States.
(b) The City shall be liable for any and all damages to the property of the United Slates by reason of
the cxercis~ of the rights and privileges granted by this Contract.
17. COVENANT AGAINST CONTINGI~NIT FEE.,~. The City warrants that no person or agency has berm
~rnployed or retained to solicit or s~:ure this Contract upon an agreement or understanding for a commission.
percentage, brokerage, or contingcmt fee, exceptin$ bona fide employees or bona rich: established agencies maintained by
thc City for thc purpose of so-=m-lng business. For breaoh or violation ofltais warranty, the United Slates shall have thc
right to annul this Contact without liability or in its discretion to requi~ the City to pay, ha addition to thc Contract price
or consideration, the full amount of stroh commission, percentage, brokerage, or contingent fe~.
1 g. OFFICIALS NOT TO BENEFIT_ No Member of or Delegat~ to Congress or Resident Commissiom=, and
no officer, agent, or employee of the Departmeat. of the Interior, shall be ,ar.iRed to may share or part of this Contract or
to any l:,me, fit that may arise herefrom, but this real:fiction shall not be construed to emend to this Cozltract if made with a
corporation or company l'or its general benefit.
9-07-20-L7090 8
0CT-1S-1999 12:19 BUREAU OF RECLAMATION 209 48? 5929 P.23
IN WITNESS WHEREOF, this ,easement is giwm as of the dat~ and year ftrst above written.
UNITED STATES OF AMERICA
BY.
Robert F. Stackhous~
Regional Rcsources Manager
Mid-Pacific Region
Bureau of R~lamation
ACCEFYANCE:
The City of Bakersfield, and its authorized representatives, by signature below, agree to the terms and conditions above.
CITY OF BAKERSFIELD APPROVED AS TO FORM:
Bob Price Alan Dale Daniel
Mayor Assistant City Attorney
Datc Date
APPROVED AS TO CONTENT: COUNTERSIGNED:
Raul M. Rojas Cn'egory Klimko
Public Works Director Finance Director
Date Date
NOTED:
Friant Water U.~rs Authorit)'
Date SCC-451
9-07-20-L7O9O 9
EXHIBIT "A"
All that portion of the Northwest Quarter of Section 28, Township
29 South, Range 27 East, M.D.M., in the City of Bakersfield, Kern
County, California, being more particularly described as follows:
Commencing at a point on the WeSt line of said Northwest Quarter,
from which point the Northwest corner thereof bears N0o11'00"E,
995.00 feet; thence SSaa49'00"E, 89.35 feet to the True Point of
Beginning, being a point on the West right of way line of the
Friant-Kern Canal, said point being on a 270.00 foot radius, non-
tangent curve, a radial from said point to the center of-said
curve bears N0oO4,35,W; thence Easterly along said curve through
a central angle of 22o15'10'' an arc distance of 104.86 feet;
thence N67o10,45,,E, 150.55 feet to a point on-the East r~ght of
way line of the Friant-Kern Canal; thence along said East right
of way line S14622,36,,E, 13.24 feet and S2ga30'E2,'E, 49.2S feet
to a point on a 168.00 foot radius, non-tangent curve, a radial
from said point to the center of said curve bears S22~05'2g,,E;
thence Westerly along said curve through a central angle of
0643'47"E, an arc distance of 12.14 feet; thence S67.10,45,,W,
152.20 feet to the beginning of a 332.00 foot radius, tangent
curve, concave Northwesterly; thence Southwesterly along said
curve through a central angle of 18"09'43'', an arc distance of
105.24 feet to'a point on said West right of way line of the
Friant-Kern Canal; thence N21o44,20-W, along said West line,
65.58 feet to the True Point of Beginning.
Containing 0.38 acres, more or less.
.i.m.e~LMARTER AND DEIFEL
s K. Delmarter I'
RCE~17564/Exp. 6/30/01
OI~rlONAL FORM ~ ~-~)
FAX TRANSMITTAL
ACKNOWLEDGMENT
(FOR THE UNITED STATES)
STATE OF CALIFORNIA )
)ss.
COtfNTY OF )
On th/s ' day of , ! 9 _, befon~ me,
_. personally appeared,
NAME, TITLE OF OFFICER. E.~. 'SANE t~& NOTARY P~J~IC~,
personally l~own to me -OR- proved to me on the basis of satisfactory evidence to be the
person who execut~ this instrument, and acknowledged to me that execut~l the
same on behalf of the United States of America in the capacity therein state~l and for the
purposes therein cont~neck
Witness my hand and official seal,
$IGNATU~ OF NOTAI~y
My Cor~,,,i~sion expires:
(SEAL)
9-07-20-L7090
'"N.W. COR. SEC. 2~ 29/:27
I
'
_ 55.00° _ I
I~ ~ 1" = 60'
·
~ ~ R~ FRIANT- K~ CANAL
o ~ ,~ k .
I 6s~5~ ~ ~ ~5~,'- ~x~ L 2.~4'
' I ~. ~ '
~,~
'L~IARTE. R ,lc OEJF'g'1,. JAMF..q K. I:)E:LI, IARTER
01 H S'"i'RLCE:T · 3-24,-g9
KERSFIELD. CA. 99301
EXI-iIBrr "R" ~
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF )
On this day of ,19_ , b~for¢ mc,
_ , , p~rsonally appcar~l,
NAME, TITLE OF OFF[CEI~, E.G. 'I,~E DOE, NOTARY FUBL[C'
NAME3 OF SIGNER(S) TITLE OF
l:~rsonally known to mc -OR.- prove~l to m~ on thc b~i$ of satisfactory cvidcnc~ to be th;
person(s) who executed this instrument, and acknowledged to me that executed the
same on behalf of in the capacity(les) therein stated and for the-
NAME OF ENTITY
purpose(s) rhcr¢in contorted,
Wimess my hand and official seal.
3IONA~ OF NOTARY
My Commission expires:
(SEAL)
9-07-20-L7090 . -
TOTAL P. 27
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~ ~-~
DATE: November 10, 1999
SUBJECT: LETTER TO SHELLABARGER ROAD RESIDENTS
Council Referral Record #WFOO18300 /001
Councilmember David Couch was contacted at his request to discuss the letter to residents
regarding opening the west end of Shellabarger Road to through traffic.
Attached is a copy of the letter mailed to residents in the area asking them for their input
and to return their responses to us by November 30, 1999 for City consideration.
Attachment: Letter dated November 9, 1999
~ NOV I 0 1999
G :\GROU~DA'I'~Referral$\Couch\Ltr2 Shollabar~erRdRe$ident$18300nov3-1999.wpd
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018300 / 001 PROJECT: DATE PRINTED:
REQUEST DATE: '~11/03/99
CREW: TIME PRINTED: 9:26:51
SCHEDULE DATES
LOCATION: ~'l'A/cl': ±±~03J99
LOCATION ID: ZIP CODE: COMPLETION: 11/10/99
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: RBARAYHAR WORK TYPE: REFERRAL
DESCRIPTION: LETTER TO SHELLABARGER ROAD RESIDENTS
REQUEST COMMENTS
***REFERRAL TO RAUL ROJAS - PUBLIC WORKS***
COUCH REQUESTED RAUL ROJAS CALL HIM CONCERNING
THE LETTER TO RESIDENTS REGARDING OPENING THE
WEST END OF SHELLABARGER ROAD TO THROUGH TRAFFIC.
Job Order Description: LETTER TO SHELLABARGER ROAD RESIDENTS
at~gory: PUBLIC WORKS
asK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC. WORKS
START DATE / / COMPLETION DATE / /
BAKERSFIELD
CALIFORNIA
November 9, 1999
COUNCIL
Bob Price
Subject: Opening the west end of Shellabarger Road to through traffic.
b-ma Ca'sou
Dear Resident:
~atricia DeMond
w,~2 Both the City and the County have received a petition from some-of the
residents in the Shellabarger Road area requesting that the west end of
~e Maggara Shellabarger Road be open to through traffic. Due to the receipt of this
w,=a3 petition the City is considering this request while also considering the effects
of opening the road to through traffic.
David Couch
Ward4
It should be noted that the City and the County met and worked out what was
Randy Rowles acceptable to all parties advocating closure of Shellabarger Road. The City
w~s Fire Department, County Fire Department, City Police Department, County
Sheriff Department, City Public Works Department, County Roads
~'acquieSullivan Department, City Attorney's Office and the County Counsel were all
w~,~6
consulted and all worked together to accommodate the wishes of the
Mark Salvaggio community per that petition.
Ward7
Residents in the area have made it clear that they do not wish to have a
public community meeting on the issue. While we believe that would be the
best forum for public input we recognize the scheduling conflicts that could
arise for some residents if a single date were chosen. Public input is,
however, imperative especially due to the controversial nature of this issue.
We are therefore seeking input from the residents in the area on whether or
not the opening of Shellabarger Road on the west end connecting to Pepita
Way would be desirable.
1501 Truxtun Avenue * Bakersfield, California 93301 * (661) 326-3767 * Fax (661) 323-3780
G:~OROUPDA'l~Refe~'als~Couc~Sl~elta~argerLmterl 10899WF(:X318291
Page 2 of 2
A postpaid card has been enclosed with this letter. Please fill it out and return it by
November 30, 1999. Any non-response will not be counted toward either side of the issue.
Only those residents responding will be counted and those opinions considered. We
greatly appreciate your cooperation and patience in this matter. If you have any questions
please contact Marian P. Shaw at (661) 326-3579.
E:J'A~1D COUCH RAUF ROJAS ,/
Councilmember, Ward 4 Public Works Director
Supervisor Barbara Patrick
Third Supervisodal District, Kern County
1115 Truxtun Avenue, Room 503
Bakersfield, CA 93301
G:tGROUPDAT~ReferralstCouct1~hetla~arge~.ette~.110899WFO018291 '
CONFIDENTIAL, PROTECTED
M E M O R A N D U M BYATTORNEY/CLIENTAND'.:
ATTOR.EY WORK PRODUCT -'
PRIVILEGES
October 26, 1999
TO: AlaN TANDY, City Manager
FROM: MICHAEL O. ALLFORD, Deputy City Attomey
SUBJECT: MARTHA S. KNIGHT '; ~*.'.-.
City began eminent domain proceedings to acquire the "Knight" proPerty located at - ·
615 16t" Street for the Amtrak Station Project. During negotiations, both Martha S2 Knight-::~" -
and John L. Knight (as Trustees of the Knight Revocable Living Trust) agreed to swap their.~,i*:,
parcel for a City surplus parcel located at 1601 13t" Street and funds.were provided t6'
construct a warehouse for storage of propsl costumes, etc. used by the Bakersfield B~liet'":ii!i~il''-~
Theatre ..... '
When construction began, it was discovered that the new property was not serviced -
by either sewer or water utilities. Ms. Knight requests the City reimburse her slightly in
excess of $12,000 for costs she has incurred in bringing these utility services to the
nrnnnrfu. ..
For the following reasons, her request should be denied:
1. At the time of the property "swap," the City was not aware the property is not
serviced by water and/or sewer utilities. Dudng the approximate nine-year period the City
has owned this property, it was always vacant (undeveloped). As a reasonable and
prudent business person, Mrs. Knight had an obligation to adequately investigate the
property to assure that it met her needs prior to agreeing to the swap;
2. The parties entered into Agreement No. 99-13 dated January 13, 1999
wherein the Knights agreed all claims, causes of action and entitlements arising from this
transaction are resolved. This is a binding contract, negotiated in good faith;.
3. There is an absence of "consideration" (benefit to the City) for payment of
additional funds to the Knights, particularly in light of the negotiated agreement. Absent
adequate "consideration" for this payment, the City is subject to both criticism and potential
liability for improper use of public funds; .......................... ~ ...... ~
}
-'. *.: ..' "-3 ' ' "-
October 26, 1999 CONFIDENTIAL ~: '. :.
Paae 2 '..-..~. :,. : ,~...~.~.: ...:...
' ": '~' '"~':'¥ .:'' ?'/~':L"-'"/','"~":. '.' "'~:''
4. Mrs. Knight states in her OctOber 16, 1999 c0rres~le'ncet0 (~0u~iCil'perS°n~'!,.
Demond that the City was' obligated to disClose the abSence of'.tl~eseutiiitieS 'bY virtue'0f
"section 1102 of the Real Estate DisclosUre Law of, 1989., HoWe~/eF. her Citati°n'd0es not' ~.
support her argument. The laW to Which MS.· Knight refers (a~uailYCiVil Code secti0n":'i'ii'~: ~
1102) pertains to residential property only. ""-':"~ :. · ::i' ?-"
(a) This was a commercial transaction.. ' '
(b) Civil Code section 1102.2 specifically exempts from the discloSure ·
requirement transfers by eminent domain (1102.2(b)) and transfers or
exchanges to or from a goVernmental entity (1'102.2(j)). .. '"
(c) Pursuant to Civil Code section 1102.4, liability for errors or 'omisSions ?i
adses for.failure to disclose known conditions. As stated above,·
agent or employee of City was aware that the property was' 'not':.:
serviced by these utilities; . . /.
5. In conSideration for acquiring the Knight Property, the city 'paid
(negotiated figure) and transferred the City property which had an aPpraised value of
$30,000. The property acquired from the Knights in this exchangewas purchased by them"!
in September of 1997 for $25,000 (including the storage structure' 'thereon).. This
transaction placed the Knights in a much better position. Two years ago, they paid
$25,000 for a building and land (3,812 square feet) worth approximately $35,000. They
obtained a larger pamel (7,623 square feet in a superior location) and $30,000 to construct
a new storage facility, both now worth a conservative $75,000 to $100,000. The old
structure had limited utility due to its 7 foot ceilings, asphalt floor and small wood doors
whereas the new structure has 14+ foot ceilings, concrete floors, roll up doors,
curb/gutter/sidewalk, etc.;
6. Don Anderson confirms that Mrs. Knight had her attorney (identify unknown)
review the purchase agreement on her behalf.
Please do not hesitate to contact me should you have any questions or comments
regarding the above.
MGA:Isc
cc: Bart J. Thiltgen, City Attorney
Donald M. Anderson, Senior Real Property Agent
S:~VlGA~Memos~ATreKnight.wpd
2420 C Street
Bakersfield, California 93301
October 16, 1999
David Couch
Bakersfield City Council
1501 Truxton Avenue
Bakersfield, California 93301
Dear David:
As you prepare to discuss my request for reimbursement for water and sewer installation.
expenses on the lot at 1601 13th Street, which the City traded me to acquire my lot on 16th
Street, I would like to direct your attention to Section 1102 of the Real Estate Disclosure
Law of 1989. Under this law, any party selling real property must disclose if the property
lacks water and sewer utilities. I have been advised that this law applies to property
exchanges as well as sales. Including the wOrds "as is" in the contract .does not absolve
the City of its responsibility under the law to disclose the absence of water and sewer on
the property. I accepted the lot on 13th Street "in good faith" expecting it to have utilities
and it did not. I believe it is only fair for the City to reimburse me for the expense of
adding these utilities to the property.
Thank you for considering my case.
ResPectfully Yours,
Martha Knight
Bakersfield Ballet Theatre
ADMINISTRATIVE REPORT
I MEETING DATE: October 20, 1999 I AGENDA SECTION: Consent Calendar
ITEM: 8..~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: October 12, 1999 CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreements with the United States Department of the Interior, Bureau of Reclamation, Central
Valley Project, California (Ward 4):
1. Contract and Grant of Easement for Coffee Road
2. Contract and Grant of Easement Access road and Bridge Across the Friant-Kem Canal
RECOMMENDATION: Staff recommends approval of the contracts.
BACKGROUND: In May of 1997, the City of Bakersfield entered into a license agreement with the Bureau
of Reclamation for the construction of a new crossing of the Friant Kern Canal south of Rosedale Highway
and east of Coffee Road. This crossing was for Jet Way, an entrance road into the new shopping center at
the southeast corner of Rosedale Highway and Coffee Road (Lowe's). Additionally, the City was granted
permission to construct a right turn lane for Coffee Road. These agreements allowed the City to construct
improvements on the Friant -Kern Canal, with the understanding that, when the improvements were complete,
the City would be granted permanent easements for these projects. The work was done by Normal
Development, the developer of the shopping center.
Construction of the improvements is now complete and the Bureau of Reclamation is granting to the City the
permanent easements for both the turn lane (No. 1 above) and for Jet Way (No. 2 above).
October 12, 1999, 10:01AM
G:\GROUPDAT~DMINRP~1999\October20\PM10236 easements.wpd
0CT-13-1~99 12:05 BUREAU OF RECLAMATION 209 48? 592? M.W~
When recorded return to:
U.S. Deparlment of Interior' ·
Bureau of Reclamation
Attention: Land Resour,~ Managemcut
2666 N. Grove Industrial Drive, Suite 106
Fresuo, CA 9372%1551
Con,'act No. 9-07-20-L7092
UNITED STATES
DEPARTI~NT OF THE INTERIOR
BUREAU OF RECLAMATION
CENTRAL VALLEY PROJECT, CALIFORNIA
CONTRACT ANI} GRiI~ OF E~SRMEI~Fr
~OR CO~F£~ ROAB
THIS CON'rR~CT, is granted this day of ,1999, pursmmt to the Act of
Congress approved June 17, 1902 (32 Stat. 388) and particularly the Act of congress approved August 4, 1939
(53 Stat. 1187), and acts amenda~ory thereof or supplementa.D, thereto, all of which acts are comm~lly kaowll alld
referred ~o as the Federal Reclamation Laws, by ~ud betweeu thc UNITED STAT~S OF AMERICA, hemlnafter
called the "United States', represented by the officer executing this instrument ou its behaff, and the
CITY OF BAKERSFIELD, a political subdivision of the State of California, acting by and through its City Council,
hereinafter called the "City".
RECITALS:
The United States acquired certain lauds for the right-of-way of thc Friant-Kem Canal iu cx, uneetiou with the
Central Valley Project, and the City has requested that the United Sates 8rant to it au easement for the eonstnmtion,
re¢onsU'uction, operation, and maintenance ora portion of Coffee Road over, on. and across said lands in the Northw~t
1/4 of Section 28, Township 29 South, Range 27 East, M.D.B. & M., County of Kern, Statc of California; and
The Ffiant Water Users Authority (FWUA) is responsible for the operation and mainteuar~¢ of the Ffiaat-Kern
Canal; and
The United States has determined the grant o. fsuch easemeut under the terms aud renditions hereinaft,.'r
provided will not be incompatible with thc purposes for which the lauds were acquired and are being administered on
behalf of thc Uni~.xl States.
IT I~ AGREED:
In consideration oft. he pr~'mi~s and subject to the terms and conditions hereinafter set f~srth, the parties hereto
agree a.s follows:
1. DESCRIPTION OF EASI~MENT. The United States hereby grants to the City a permanent, nonexclusive
easement for public roadway pUrPosc~ on, over, and across the lands of the United States described in "t~y&ibit A" and
shown on a map marked "Exhibit B", which are attached hereto and by r~ference made a part hereof. This grant of
easement shall include thc right of thc City to enter thc ,,bore-described lands, hereiaaller referred to as the "Easement
Premises", to construct, reconstruct, operate, and maintain Coffee Road, a segment of.the City's public road system, alld
structures appurtenant thereto, in accordance with plans previously approved by the Urfited States and FWUA, received
November 21.1995, tiffed Coffee Road & Brimhall Road Widening, 14 sheets, Job T3K01 $, prepared by or under the
direction of.l'acques R. La Rochelle, Registered Profe~. ional Engineer, including Addeadums one (1) through four (4).
2. RESERVATIONS AND EXCEPTIONS. The easement described in Article I above is granted subject to
the following r~ervations and exceptions:
(a) The existing fights in favor of the public or third parties ia the Easement Premises. The City
recognize.s that it is its sole responsibility to make whatever arrangements as are necessary to obtain such fights as may
be required by the City fi-om any other party or parties holding any other interest ia the Easement Premises.
(b) There is reserved from the rights herein granted, the prior rjght~ of the United States a~ting
through the Bureau of Reclamation, Department oft. he Interior, to construct, operate, and maintain public works now or
hereal:ter authorized by the Congress without Liability for severance or Other damage to the City's work; ~
however, that if such reserved rights are not identified'in at least general terms in this grant and exercised for works
authorized by the Congre~ within 10 years following this date of this grant, they will not be exerci.~ unless the city or
City's successor in interest is notifi~.4 of the need and grants an extension or waiver. If no extension or waiver is grante&
thc Governmtmt will compensate or institute mitigation measures for any resultant damages to work~ placed on said
lands pursuant to the rights herein granted. Compensation shall be in the amount of the cost of recon.m'uction of City's
works to a~.'commodate the c,'xer~ise of the Government's reserved fights. As alternatives to such comp~sation, thc
United Stat~, at its option and at its own e.x'pen~, may mitigate the damages by reconsWacting thc City's works to
accommodate the Government facilities, or may provide other adequate measures for any d~-ge to the City's property~
or right The decision to compex~atc or mitisate is that of the Regional Director, Mid-Pacific Region.
(¢) The United States reserves thc figh~ of its o~eers, agent~, and employee~ at all th~es to have
unrestricted access and in/~-ess to, passage over, and egre~s fi'om all of said lands, for the purpose of exercising,
enforcing, and protecting the rights re.~ed hereunder.
(d) The rights granted hereunder shall not be exclusive/n character and the United Stat~-s reserves to
itself, its successors and assigns, the right against the City to use the la~ls crossed by or upon which irrigation and
drainage facilldos and works of the United States have berm constructed, and to conswact, reconstruct, operate, and
maintain thcn~in and thereon dams, dikes, canals, wasteways, laterals, ditches, tel~hone and telegraph lines, electric
transmission lines, substatiom~, s'xvitchyards, powerplants, communication structures, ro~tways, and other appurtenant
irrigation, drainage, and power structures which may be ne~¢~ or useful in connection with or as a part of canals,
laterals, and other irrigation and drainage'facilities, or other authorized purposes, without any pay'mcnt by the
United Stat~, its successors, or assigns for the exercise of such right, and the city agrees that fi.the construction,
reconstruction, installation, operation, or maintenance of any or all of ~¢h works of the United States, on or across the
land at thc above-described location should be made more e,x'pensivc by reason of any structures, improvements, or
work~ oft.he City, such additional expense may be estimated by thc Secreta.~. of the Interior whose estimate ~all be final
and binding upon the parties hereto, and within thirty (30) days after demand is made upon thc City for payment of any
9-07-20-L7092 2
0CT-1~-1999 12:96 BUREAU OF RECLAMATION 209 4~'t b~'t ~.~4
such sums, the City will make payraen£ thereof to the United Star~s or its successors or assigns constructing such works
across, over, under, or upon said rights-of-waY; Prvvld~l, That nothing he~in shall be construed as prohibiting the City
fi.om removing or relocating its facilities to other locations to be approved in writing by the Contracting Officer so as not
to int~.-ffere with such works of'the United States, all at the City's sole cost and c.xpens¢; and Provided, further_ That any
such removal or relocation shall be completed within sixty (60) days from thc date of notice from the United States or its
successors or assigns of its intention to construct such works.
(¢) Jurisdiction and supervision of thc.United States over the Easement Premises ar~ not ~'urr~ndered
or subordinated by the issuance of this Contr~t and the United States reserves the right to issue other easements,
rights.of-way, permits, or other agreements for compatible uses of the lands described in this Contract.
3. M2ISCELLANEOUS CONDITIONS. In the -,se of the E~'ment Pt~mises described in Article 1 above, the
City shall f~ithfully observe each of. the following conditions:
(a) The City shall not nsc the Easement Premises for my purpose ~eept as set forth in s~id Article 1.
(b) The citY accepts the Easement Prrmises "As Is" and aelmowledses that the United States is
under no obligation to improve the present condition of the Eas~nent Premis~.
(c) The City, st its sole c.xpc-nse, shall construct, rcconslruct, install, operate, and maintain said
Road substantially as shown on the aforesaid plans. Additional cons~uction, r~onstnmtlon, reloc~on, or use of the
Easement Premises which is not in accordance with this Contra~t and C_n'ant of Easement shall not be initiated
the prior written approval of the United States and FWUA. Additionally, the City will be required to reimburm: thc
United Stat~s for its administrative costs involved in the review and approval of such additional activities.
(d) Tl:m City shall, from time to time, upon reasonable reqrmst from the United Slates~ promptly
repair or alter any part of thc roa~l tn preclude damage to the facilities of'the United States, and the City agre~ to
perform all such repair or ~lteration without regard to the cause, except whc~re caused or necessitatc~d by axl act or
omission of the United States. This provision shall not, however, relieve the City fi'om the duty of inspecting and
keying the road in a proper and safe condition without the r~qucst of the United States, nor place upon the United
States the duty ofinspecfng or m,intainlng the road instal/ecl by or for the City. In the event thc City should fail to
promptly make such repairs or maintain the road a..ffer 30-days written notice by the United States, the United States
may, at the election ofthe.Reglonal Dir~tor of the Bureau of Reclamation, enter and make such repairs or perform such
maintenance at the expense ofth~ City.
(c) The City shall provide perpetual maintenance 0fth¢ landscaping of thc adjacent landscaped
Friant-Kem Canal SI/trion 8122+21.98 to Station ~ 136+26.38, and d~s~ribed in drawings titled, City of B~ccrsfield,
Coffee Road Landscaped/rrigation Improvements. BeV. veen Ros~d~lc Hwy./Brimhall Rd., Revised 6F2/99, 17 sheets, Job
No. T3KO16, by Theodore D. Wright. Registered Professional Engineer. Should the City fail to maintain the
landscaping in a satisfactory manner, as determined by United States and FWUA, the United States m~or FWUA may,
at the expense of the City, correct said deficiencies. Any modifications to landscaping plans or types of plantings shall
require prior written approval by United States and FWUA.
(0 The City shall at all tim~s exercise its rights h~r¢in in accordance with all State, Federal. and locad
laws, regulations, ordinances, and orders affecting such use, including, but not limited to all those pertaining to pollution
cona'oi, environmental protection, air ,nd water quality, public health, and public safety.
9.07-20-L7092 3
(g) During the performance of the work authorized by this Contract. the City shall cart)' out proper
and efficient measures who'ever and as ol~n as necessary to reduce dust nuisance and to prcv~.-nt dust which has
originated from its operations from damaging crops, orchards, cultivated fields, and dwellings, or causing a nuisance to
persons. . ..
(h) The City shall exercise due care in the use of the Easement Pr~mises so as not to interfere with the
proper use and operation of or cause injury or damage to any property, irrigation and drainage: facilities, or works ofth~
Umted States.
(i) The City shall re/mburse thc United States for any and all co~s and ~q~enses incurred in the
defense of any action which challenges thc City's use of the above.described lands.
ii) The City shall be Liable for all taxes and assessments,/fany, against the Easement rights granted
herein.
4. PROTECTION OF CULTURA~
(a) In the event cultural resources (human remains, artifacts, cultural debris-bone, shell, charcoal,
wood) arc di.~r, overed during actions authorized herda, City shall be responsible for ceadng project a~tivity (i.e., W/Thin
thc proximity of the cultural find). I. fNativ¢ American human remains are discovc~i on Federal land 25 USC 3002,
Sec. 3 (d) of the Native American Graves Prora'ction and Repatriation Act (NAGPRA) applies. Reclamation, in¢ludlng
the Regional Archeologist. will be contacted to determine appropriate actions to comply with NAGPRA and the
National I-Ii,,toric Preser~'ation Act
(b) City shall be responsible for r.-porting the find to Uuitcd Stah~s Bureau of Reclamation and local
authorities, as requ/r~ by local, ~at¢ and F~ieral law and coordinating inswactions from cultural resource professionals
approved by United States Bureau of Reclamation to assure proper resolution.
5. ~ERM. Th/s Contract and Grant of Easem~mt shall hereafter be d~.nsm~d to replace and supersede the
License issued for the Coffee Ro~ w/alerting, Contract No. 6-07-20-L6540, dated December 8. 1995. Unless
t~rminated as herein provided, the easement fights de~fibed herein are granted to the City in perpetuity.
6. F,I~,]~/~/A,T, LQ_~. Tixis Contract shall tcn-rninate and all rights of the City hereunder shall dense upon
following:
(a) At~er failure of the City to ob~rve any of the condit/ons of this Con~ract, and on the 30th day
following service of wr/~n notice on the City of ta~mination because of failure to observe such ¢onct/t/ons; or
(b) At any time by the City upon three (3) months writ'ten notice to thc Unimd States; or
(c) At its option, by the United States for nonuse of thc Ea~ment Premise~ by the City for a period of
t~venty-fo~ (24) consecutive month~.
The notices provided by th/sArticle shall be served by ceaifieti mail addressed to the respective addresses
given in Article 9 her~in, and the mailing of any such notice properly enclosed, addressed, stampexl, and certified, shall
be considered service. ·
The United Stat~s w/Il determine it'thc City's improvements, faciLities, and appurtenances will be removed
upon termination. If the United Stat~ determines that said improvemcnta, facilities, and appurt,.,nances shall be
removed, removal shall be made w/thin thirw (30) days a_~er termination, and thc Ea-~ement Premises will he restored to
9-07-20-L7092 4
0CT-1~-1999 12:07 BUREAU OF RECLAMATION
a condition satisfactory to the United States and FWUA. Said removal and restoration activities shall be atthe sclc cost
and expense of the City. In the event the City docs no~ within thirty (30) days after thc termination of thc Conlract,
remove all improvemenls and/'agilities constructed or installed by thc Cily, and restore the premises to a condition
satisfactory to the United States and FV~JA, the United States or its design~.~ may remove the improvc.~nents and
facilities placed on the above land.s; dispose of all materials and equipment so ranoved by such means as may appear
advisable to return the Easement Premises to a safe, usable, and cleared condition; and re. cover all costs of removal,
disposal, and rehabilitation of the Easement Premises from the City,
7, B~CH OF CONTRACT. Enforcement of the t~nns ofthls Contract shall be at the discretion'of the
Umted States, and any forbearance by United States to exercis~ its fights under this Contract in the event orany bre~h
of any term of the Contrazt shall not be construed to be a waiver by United States of such terms or o~'any subsequent
breach of the same or any other term of this Contract or of any of United States' rights under this Contract, No delay or
omission by United States in the exercise of say right or remedy upon any breach by City shall impair such right or
remedy or be construed as a waiver. Further, nothing in this Contract creates non-discrdionaty duly upon the United
States to enforce its provisions, nor .h-lt deviation from these terms and procedures, or failure to ~ffotc¢ its provisions
give rise to a private fight of action against United Stat~s by any third parties,
8, CONSIDERATION.
(a) Beginning as of the effective dat~ of this Contract and thereafter un~ such privileges
are relinquished or terrain.ted as herein provided, the City may enter, occupy, and use the described lands without
charge for the purposes of constructing, reconstructing, operating and maintaining Coffee Road and structures
appurtenant thereto. The United States has waived the value of thc right-of-use in accordance with 43 CFR
(b) In accordance with 43 CFR 429.6(b), the City. shall pay all administrative costs ineturcd by
United States in issuing this Conlract,
~. NOTICES,
(a) Any noti~, d~nand, or request required or authoriz-cd by this Contract to be given or made to or
upon the United Stat~ shall b~ d~:mcd properly given or made if delivered or mailed postage-pr~-paid, to the Regional
Resources Manager, Bureau of Reolamalion, 2800 Cottage Way, Sacramento CA 95825-1898.
(b) A~y notice, demand, or request required or authorized by this Contract to be given or mark: to or'
upon the City shall be deemed pwperly giv~ or made if delivered or mailed postage-pn:paid, to City of Bakersfield,
Public Works Departtncnt, 1 SO1 Truxtun Avenue, Bakersfield, California 93301,
(c) Thc desi~ation of the person to or upon whom any notice, demand, or re. quest is to b~ given or
made, or the address of such person may be changed at any time by notic~ given in the same manner as provided in this
Article for other notices,
9-07-20-L7092 5
0CT-13-1999 12:08 BUREAU OF RECLAMATION ~09 489 59~'? ~.~'~
GEN£ RA L PROVIS 10~$
as ~c "Con,actor" a~ ~ fo~ows:
~d R~l~afion po~ci~ ~d ~ctions, c~g or h~ ~act~ ~ prom~gat~ ~ncc~ng ~y h~dous
mate~al ~a~ will be ~, p~uc~, ~~. ~ ~ ~o~ of On or M l~ds, wate~ or facilitics
U~ted Stat~ or ~e~d by Rccl~tion.
~c Compr~sivc Ea~~ R~, C~~ ~d Liab~ Act of 1980, ~ ~end~ (42 USC ~01,
~ ~, ~d ~e re,latins p~mulgat~ pm~t m ~at Act.
(c) The C~actor my not ~low ~nt~naion of l~&, w~s, ~ facili6~ o~ by ~ Unit~
Mdus~al w~te, ~ol¢m prod~% mine tailings, min~ s~ts, p~cid~ (Mclu~g, but not limi~ ~, ~c mism~ of
may or do~ ~sult M po~ufi~ or ~t~in~on adv~ ~g 1~, watts or ~cilifi~ o~ by
Slat~ or a~st~ by R~l~fion.
(e) Violati~ of ~y of ~ pm~sio~ of ~s ~cl~ sh~l ~6tutc ~o~& for
restoration of ~y Federal r~o~ ~ facilities ~at ~ adv~ly ~ect~ m a ~t of &e violafi~.
(~ The ~n~tor ages to Mcl~e ~e prevails ~n~n~ M'p~aph (a) ~ou~ (~ offs
~cl~ ~ ~y sub~ne~t or ~d p~ ~aca it m~ ~ M~ p~s~t to ~ Con,act.
(8) Recitation a~ to provid~ ~o~a~ n~ for ~ Con&~tor. ming
diligence, to c~ply ~ ~e pm~sion offs ~cle.
11. NO~C~ATION. D~g ~e ~ffo~c¢ or,is Con~ac~ a~ Ci~ a~ ~ follows:
(a) To ~mply ~ Title ~ (~fion ~1) of~e Ci~ ~ts Act of July 2, 19~
(78 Stat. 241), wMch pm~d~ ~at %.. no p~ M ~ UMted S~ s~I, on ~e ~o~d of race, ~lor, ~ or
~d by ~e re~lafions of~¢ D~nt of~e In,or for ~c e~mafion ~er~L as set fo~ M 43 CFR P~ 17.
. . ~) To obliga~ its subcon~acto~, sub~t~, ~s, s~c~ M Mter~t, or ~y o~er
p~c~p~ts receipt Fed~ ~ci~ assi~mc~ hc~em~, to ~mply wi~ ~e ~qu~m~nL~ offs pro,sion.
(c) M ~ ~t ~at a final d~sion of a h¢~ng ex~;ncr or of ~e D~ctor. Office of H~ngs
Appeals. p~u~t m 43 CFR P~ 17, pro~ for tc~nsfi~ of or re~ to ~ant ~ ~t pro~ded by ~s Con~act,
· c Sec~ of the Mt~or may t~ina~ ~s Con~t ~d revoke ~ g~t. ~s p~vision shah be a covert
~s~is~ce is e~nd~ or tbr ~y o~ p~ invol~ng ~e pro~si~s of simii~ s~ccs or h~fits.
9-07-20-L7092 6
QCT-15-1999 12:89 BUREAU OF RECLAMATION 209 48? 592? P.08
12. EOUAL ]~IVlPLO~NT OPPORTIJ'NITY. During the performance of this Contract, the City,
hcrcinaft,.v referred to as the '~Contractor", agrees as follows:
(a) The Contractor will not disa-iminat~ against any employee or applicant for ernploym~n~ l~cau.~'
of race, color, r~ligion, sex, or national origin. Th~ Contracior will tak~ al~-mative action ~o ensure that applicants and
crnploye~'s ar~ treated during employment xvithout regard to their race, color, r~ligion, sex, or national origin. Such
action will include, but not be limited to, the following:. Employment, upgrading, ~motlon, or transfer', recruitment or
recruitment advertlsing; layoffor termination', rates oft, ay or other forms of compensatlon; and selection for training.
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applican~.~
for employment, notices to be provided by the Contracting Olticer setting forth ~h¢ provisions of ~his nondiscrimination
clause.
(b) The Conu'actor will, in all solicitations or sdverd~ments for employe~s, plac,xi by or on behalf of
the Contractor, state that all qualilied applicants ~ll receive consid~r~on for e~nployment without regard to their rac~,
color, religion, s~x, or national origin.
(c) The Conlractor will send to each labor union or r~reseata~ive of workers with whom the
Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by thc
Contractihg Officer, advising said labor union or workers' represc-ntative of the Contractor's commi~n~nts und~ Section
202 of Exo:utive Order 11246 of September 24, 1965, as amended, and shall post copies of the notice in col~-picuou.s
places available to ~mployees and applicants for employment.
· (d) The Conlractor will comply with all provisions of Executive Ord~ No. 11246 of Sepl~mber 24,
1965, as amc'haled, and of thc rules, regulagons, and relevant orders of thc Secretary of Labor.
(~) Thc Contraclor will furnish all information and rc,-ports required by said arnen~_~ Executive Order
and by the rules, r~gulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its
books, r~cords, and accounts by the Contracting Officer and thc Secretary. of Labor for purposes of investigation lo
sscenaln compliance with such rules, regulations, and orders.'
(0 In the event of thc Contractor's noncompliance wi~h thc n~r~i'scrimination clause o£this Conlract
or ~-ith any of thc said rules, regulations, or orders, this Contracl may be canceled, terminat~i, or susp~dcd, in whole or
in pan, and the Conu'actor may be declared ineligible for further Govo'oment contracts in accordance with proc~lur~s
authorized in said amended Ex-,cutiv¢ Order, and such oth~ sanctions may bc imposed and remedies invoked as
provided in said amendo:I E.~utiv¢ Order, or by rule, regulation, or order of the Secretar? of Labor, or as oth,~rwi~
provided by law.
(g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or
purchase ordo- tmless exempted by rules, regulations, or orders of the Secretaz,y of Labor issued pursuant to S~ction 204
of said arn~dcd Ex~utive Orclcr, so tha such provisions will bc binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase or~r as the contracting agency may din~t
as a means of ~n~forcing such provisions, including sanctions for noncompliance: Provided, hiz~.ver, That in the event
the Conu'actor becomes involved in or is thr~tcned with litigation with a subcontractor or vendor as a result of such
direction by the contrac~in~ agency, the Contractor may' request thc United States to c'nter into such litigation to protect
thc interests of thc Uni,,~d Sta~cs.
13. SUCCESSORS IN E',rTI~RI~ST OBLIGATED_.' This Contract shall bc binding upon and inure to thc
benefit of~¢ successors and assigns of the parties hereto; ~ how'ever, 'l'hal no ass{~onmc-nt or transfer of any of
~e rights of the Ci~ hereunder shall be made without thc prior ~vrirtc-n consent of the United States, which con.~nl~ w, ill
,~ot be m~.re,-~nably withheld.
9-O?-20-L7092 7
0CT-13-1999 12:09 BUREAU OF RECLAMATION 209 487 5927 P.09
14. ]S.Q_W_d~ff..T.X. The United States makes no warranty, expressed or implied, as to the extent or
validity of'the grant contained herein, or the condition ~t any time of the Easement Premises, or any of the property of the
Unit '~t. Sta~es thereon, or the suitability of the Easement Premis~ for the purposes of the City.
15. I-iOLD HAR,~E,~S. The City hereby agrees to hold h~mless and indemnify the United States, FWUA,
theil' employees, ag~mL,~, successors, or assigns fi-om and against any cl~im~, demands, costs, losses, cau.~-~s of action,
damages, or liability of whatsoever kind or natur~ arising out of or resulting from acts or negligence of the City's
activities tinder this Contract. Additionally; ex~.-c-pt for acts of negligence, the City rclcas~ the United Sr. ates, FWT, JA,
iLs. officers, employees, successors..nd assigns from any and all liability for damage arixing from injury to pers~ or
damage to slructures, equipment, improvements, or works of the City resulting fr(ma the construction, operation, or
maintenance of any oft. he works of the United States, ]~LZi.4~, ~, that nothing contained in this Article .~h._ll bc
deemed to modify or limit any liability which may be imposed by the F.~lcral Tolx Claims Act, 28 USC, Section 261 ? et
s~. (19?0).
]6. UA TY.
(a) The United States shall not be liable for any damage to the improvem~ts, facilities, or
appurtenances of the City which may result fi'om the col~ruction, operation, and maintenlmce of the Friant-Kem Canal
or other Reclamation project facilities, including damage which may occur as the result of sec'page, floodage, or erosion
from the works consw~cted by the United States.
Cb) The City shall be liable for any md all damages to the property of the United States by reason of
the exercise of the rights and privilegt~ granted by th~s ContracL
17, COVENANT AGAINST COlqTINGENT b-'F~S. The City warrants that no per-non or agency has been
employed or retained to soLicit or secure this Con.act upon an agrt~ent or tmderstnnellng for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide eslablished agencies maintained by
the City for the purpose ofsecLu'ing business, For breach or violation of this warranty, the United States shall have the
right to almul this Contract without liabiLity c~ in its discretion to ~quire the City to pay, in addition to the Con~ract price
or consideration, the full amount of such commission, ptm:entage, brokerage, or contingent
I g. OFFICIALS blOT. TO BENEFIT, No Member of or Delegate to COngress or Resident Commissioner, and
no officer, agent~ or employee of the Doparllnen! of the Interior, shall be admitted to any share or part of ~ Contract or
to any bi.merit that may arise here. frotlL but this restrictioll .shall llot be construed to ext~d.to this Contract il'made with' a
corporation or company for its general
9-07-20-L7092 8
IN WITNESS WHER. EOF, this casement is given as of thc date and year first abovu writterl.
UNITED STATES OF AMERICA
BY
Robert F. Sta~khou.~
Regional Re. sautes Manager
Mid-Pacific Region
Bureau of Reclamation
ACCEPTANCE:
The City of BakersfieM, ~d its authorized representatives, by signature below, agree to the terms and conditions above.
CIT~ OF BAKERSFIELD ,~PPROVED AS TO FORM:
By By_,,
Bob Price A]-- Dale Daniel
Mayor Assistant City Attc~'n~
Date Date
APPROVED AS TO CONTENT: COUNTERSIGN'Eli:
By.
Raul M. Rojas Cn'egory KLimko
Public Works Director Finmce Director
Date Date
NOTED:
Friant Water Usc'r~ Authority
Date $CC-451
9-07-20-L7092 9
'EX~rRIT "A-
ADDITIONAL ROAD EASEMENT FOR
COFFEE ROAD SOUTH OF ROSEDALE RIGHWAY
A parcel of land in the nonhwes~ I/4 of Sect/on 28, Township 29 South, Range 27 East. Mount
Diablo Base and Meridian, City of Bakersfield, County of Kern. State of CaliforpJa, being more
particularly described as follows:
Commencing at the northwest comer of sa/d Sect/on 2g; thence South 00°49'32'' West along, the west
line of said Section 28, 45.01 feet; thence South 89"$3'48" East, $~.00 feet to the point of
intersection of the south fight of way line of Rosedale Highway with the east fight of.way line of
Coffee Road. said point also being the TRUE POlgqT OF BEGI2q'NING;
'I"ftENCE (1) South 89°$3'48" East along said south right of way line, 39.50 feet;
T~lr-NCE (2) South 45 °27'52" West, 34.86 feet4
TBFENCE (3) South 00°49'32" West, 178.73 feet;
Tla~,NCE (4) South 07°57'02" West. to a point dn the east right of way line of Coffee Road, 120.93
.feet;
THENCE ($) North 00049'32.' East along said eas: fight of way line, 323.03 feet to the TRUE
POIlqT OF BEGIIqNI~G
Containing 4,247 s.f, more or less.
i /~ COFF'E~ ROAD-
~_ OOF'FE~ ROAD, IV. ~ ~. ~. R~~ HI. WA
4~01'
XO2~~?::~¢-::~m~.::~:::,~.:~:::?~'.· ~: ~:::,~.:-. :u_?; :- ~ - :--~ . -. - ..... .
Z-'~ ~ ..... :-.:: :,,,:,:..:.:.. .... -:,~....,-. --.¥ ............ · :.::....::, ::....:. . ...... ...... .... : ....~:.
SCA(E ~
SHEET NO. I OF
CO~F=~ ROAD EAS=M=N i~ P~M BUREAU O~ REC~IMA ~ON
EXHIB~ 'B '
CI~ OF BAKERSFIELD CALIFORNIA i;~ ,~
PUBLIC WORKS DEPARTMENT ~,,: '-,,--
ACKNOWLEDGMEI,~I'
(FOR THE UNITED STATES)
STATE OF CALIFORNIA )
)ss.
COLrNTY OF )
On this __ day of , ~ } 9 , t~fo~ me,
, personally apparel,
NAME. TITLli OF OFFICBR - E,~. "IAI',IE {Z~P., NOTARY PUBLIC~'
p~rsonally knov~ to me -OR.- proved to me on thc basis of s~sfa~tory evidence to be the
pcrson who c'xccur~} this insirumcnt, and acknowlcclEccl to me that cxccuu:d thc
same on behalf of the United Stat~s of America in thc capacity therein stated and for the
purposes therein contained.
Witness my hand and official seal.
8[({NATt.r{~ OF NOTAit Y
My Commission expires:
(SEAL)
9-07-2O-L7092
0CT-13-1999 12:12 BUREAU OF RECLAMATION 209 48? 592?
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF )'
On this day o1' ,19~.._, before mc,
, personally appcarexl,
NAI~I~ TITLE OF OFFICT:.R - l~.O. '$,~ql~ DOE, NOT,~IY PUI~LICs'
p~somdly S~c~ to mc -OR- provc~:T to ,-,c on ~¢ basis of's~dst'~to~ ¢~dc~c¢ to i~
person(s) who executed this histmmcnt, and aclmowlcdg~ to mc that ex~cut~l the
same on b~hzlfo~' in thc capacity(ics) therein s~ated and for die
N~.~ OF lZNTITY
purpos~-(s) therei~ contained.
Witness my hand and official seal.
~,[Olq~ OF NOTA~.Y
My Commission expires:
(SEAL)
9-07-20-L7092
Contract No. 9-O7-20-L7090
UNITED STATES
DEPARTMENT OF TI~ INTERIOR
BUREAU OF RECLAMATION
CENTRAL VALLEY PROJECT, CALIFORNIA
CONTRACT ANI~ GRANT OF EASEMENT
ACCESS ROAD AND BRIDGE ACROSS ~ FRIANT. ICI::~ I~N CANAl.
THIS CONTRACT. is ~'antcd tkls day of ,1999, pursuant to the Act of
Congre.~s approved June 17, 1902 (32 Stat. 388) and particularly the Act of Congress approved August 4, 1939
(53 Stat. 1187), and acts amcndato~ thereof or supplementary thereto, all of which ac~s ~e commonly known and
referred to as the Federal Reclamation Laws, by and betwer~ the UNITED STATES OF AMERICA, hereinafter
call,rd the "United States", represented by the officer executing this ias~'ument on its behalt~ and the
CITY OF BAKERSFIELD, a political subclivision of the State of California, acting by and through its City Coua¢il.
hereinafter called the "City".
RECITALS:
The Unlt~ States acquired certain lands for thc right-of-way of the Friaat-Kcrn Canal ia connection with the
Central Valley Project, and the City has requested that the United States grant to it an eascment for thc con,~ruetion,
reconstruction, operation, and mainu--aance of an access road and bridge over, on, and a~.xoss said lands ia thc Northwest
1/4 of S~.-ctlon 28, Township 29 South, Range 27 East. M.D.B. & M., County of Kern, State of California; and
The Friant Water Users Authority (FWUA) is responsible for the operation and maiatenance of the Friant-Kem
Canal; and
The United States ha.~ dexermiaed the great of ~ch easement tmd~r thc terms and conditions hereinafter
provided will not be incompatible with the purposes for which the lands were aCxluired and ate being admlalst~red on
behalf of thc United States.
fT IS AGREED:
In consideration of the promises and subj,.~t to the terms and conditions hereinafter set forth, the parties hereto
agree as follows:
i. DESCRIPTION OF EASEMI~lqT. The United Stalas hereby grants to the City a permanent, nonexcl~'ive
easement for public roadway purposes on, over, and across the lands of the United Stat~.s described in "Exhibit A" and
shown ou a map marked "Exhibit B", which are attach~ hereto and by reference made a part hereof. This grant of
eascraent shall include the fight of the City to enter the above-d¢~ribed lands, hereinatter referred to as the "Essemen!
Premises", to construct, reconstruct, operate..nd maintain the access road and bridge, a segment of the City's public
road system, and slructures appurtenant thereto, in accordance with plans previously approved by the United S~ates and
FWUA, received .luly 23, i 996. tiffed Turman Construction, 23 sheets, Project 263-02.3, prepared by or under the
direction of Ronald F, Ru~:ttgers, Registered Civil Engia~x:r, with a .l'uly 16,'.1996 signature, including Special
Provisions, d. ateg January, 1995 (revival July, 1996),
2. RESERVATIONS AND I~X~CF_PTIONS. The easement described in Article I above is granted subject
the following reservations and exceptions:
(a) Thc existing rights in favor of the public or third parties in the Eas~.'rnent Pr¢'mises. The City
r,~.ognir~s that it is its role responsibility to make whatever arrangements ,,s ~re necessary to obtain such fights as may
be required by the City fi.om any other party or parties holding any other/n~est in the t~aseme~t Premises.
'
(b) Them is reserved fi.om the rights herein grant~, the prior Hghts of the Unit. ed States acting
through the Bureau of Reclamation, Department oft. he Interior, to conslruct, operate, and maintain public works now or
hereafter authorized by the Congress without liability t'or s~verance or other damage to the City's work; ~ .., '
however, that it'such rest, fred rights are not id~tifi~ i,1 at least general terms in this grant md exercised for works
authoriz~ by the Congress within 10 years following tiffs date of this grant, they will not be exercised unless the City or
City's successor in interes~ is notified of the need and grants an e,x'tension or waiver. Ir'no u'xte~sion or waiver is granted,
thc Government will comlx-msat~ or institute mitigation measures for any resMtant dsrn,o~es to works place, d on said
lands pursuant to the rights h~r~in granted. Compensation shall be in the amount of thc cost of reconstruction of city's
works to accommodate the cx~.'rcise of the C.~overnment's reserved rights. As alternatives to such ¢ompensatiol~, the
Ur, ired States, at its option and at its own expense, may mitigate the damages by reconstructing the City's works to
accommodate the Oovemm~.,nt facilities, or may provide other adequate mea.mrr, s for any damage to the City's prol:m9,
or fight. The decision to compensate or mitigat~ is that of the Regional Director, Mid. Pacific Region.
(c) The United States reserves thc right of its officers, agents, and employees at all times to have
uru~stficted access md ingress to, passage over, and egress from all of said lands, for the purpose of exercising,
ex.forcing, and protecting thc rights reserved heretmd~..r.
(d) The fights granted hereunder shall not be exclusive in character and the Unit~l States reserves to
itselt; its successors and assigns, the fight against the City to use the lands crossed by or upon which in'igation and
drainage facilities and works of the United States have bt,en con~'U'ucted, and to construct, reconsumct, operate, and
maint.An therein and thereon dams. dikes, t:anals, wasteways, laterals, ditches, telephone and telegraph lines, electric
transmission lines, mbs. rations, switchyards, powerplants, communi~:ation su'uctures, roadways, aud other appurtcmmt
irrigation, drainag,~, and pow~.'r structures which may be n-~xted or useful in connection with or as a part of ca~als,
laterals, and other irrigation and drainage facilities, ;r other autho6.z.t:d purposes, without any payment by the
United State. s, its s~cessors, or assigns for the ex~.'rcise of such right, a~d the City agrees that ii'the construction,
r~:onstruetion, installation, operation, or maintenance of any or all of Such works oft. he United States, on or across the
land at th; above-d~scrib~d location should b~ made more expensive by reason of any structures, improvements, or
v,'orks of the City, s,,,'h additional ex'pensc may be estim:~ted by the Secretary of the l. uterlor whose estimate shall be
9-07-20-L7090 2
OCT-IG-lO99 1~:1~ BUREAU OF RECLaMaTION i: 209 ~87 5~? ~.iY
md binding upon the parties h~reto, and within thirty (30) days ~t:r demand is made upon the City for payment ofany
such sums, r/~ City will make payment thereof to thc United States or its successors or assigns constructing such works
across, over, under, or upon said rights-of-wa~ Provldq_gl, That nothing herein shall be construed as prohibiting tho City
fi'om rumoring or relocating its facilities to other locatlons to be approved'in writing by the Contraetlng Offie,~r so u
to ixlterferc with such works of the United States, all at the City's sole cost and expense; and ~ded, flxrihcw, Thai: any
st~h removal or relocation shall be completed within suay (60) days from thc date of notice from the United States or its
successors or assigns of its intention to consmlct such works.
(e) Jurisdiction and supervision of the United States ov~ the Easement Premises are not s/~rrendered
or subordinated by the issuance of this Con,-act and the United Sates re.,~nares the right to issue other easements,
rights-of-way, permits, or other agreements for compatible uses of the lands described in this Contract.
3. MISCELLANEOUS CONDITIONS In the use of the Easement Premises described in Article I above, the
City shall faRM'ally observe each of the following condition~:
(a) The City shall not use the Easement premises for any purpose except as set forth in said Article 1.
(b) The City accepts the Easement Premises "As Is" and acknowledges that thc United States is
under no obligation to improve the present condition of the Easement Premises.
(c) The City, at it4. sole expense, tall construek reconstruct, install, operate, and maintain said
road and bridge substantially as shown on thc aforesaid plans. Adgitional eonstruetior~ reconstruction, relocation, or use
of the Easem~.~at Premises which is not in accordance with this Conla'-ct and Grant of Easement shall not be kfitiated
without the prior written approval of the United States and FWU,~ Additionally, the City will be required to reimburse
the United States for its adminislrative eo.~s involved in the review and approval of suer ~dditional aefivlties.
(d) The Ci.ty shall, from time to time, u .t~on reasonable requesI from the United States, promptly
repair or alter any pan of the road to preclude damage to the facilities oft. he United States, and the City ag;tees to
perform all such repair t~r alteration without regard to the cause, except where caused or necessitated by an act or
omission of the United Sta~s. This provision shall not, ho~'ever, relieve the City from the duty of inspecting and
keying the access road and bridge in a proper and safe condition wi~out the request of the United States, nor place
upon the Uniu,.fl States the duty of inspc~ting or maintaining the access road and bridge installed by or for the City, In
the event the City should fail to prc~nptly make such repaks or maintain the road after 30-days written notice by the
United Sta~s, the United States may, at the election of the Reglc~al Director of the Bureau of'Reclamation, enter and
make such repairs or pc-ri'om such raaintenance at the ¢:lpensc of the City.
(e) The City shall provide p~n'petual xnaintenance of the landscaping of the adjacent landscaped area,
Ffiant-Kem Canal Station 8122+21,98 to Station $136+26.38. and described in drawings titled, R~sedale Plaza Canal
Landscaping, 4 sheets, by Oasis Design Group, by Vickie Schmedding, Registered Landscape Architect. Should the
City fail to maintain the lamiscaping in a satisfactory manner, as determined by United States and FWUA, the United
States and/or FWUA ma!,', at the e~cpensc of'the City, colrect said deficiencies. Any modifications to landscaping plans
or types of plantings shall require prior written approval by United States and FWUA.
(,9 The City shall at all times exercise its rights herein in accordance with all State, Federal, and local
laws, regulations, ordinances, and ord~s affecting ~ch use, including, but not limited ~o all those pertaining to pollution
con~'ol, enviroranental protection; air and water quality, public health, and public safety.
9-O7-20-L7090 3
UUI--1D--i~ 12--~YIZ~ WU~MU U~ ~L~I~UN ~0~ 48? 5D~? P.18
(g} During the performance of the work authorized by this Contract. the City shall carry out proper
and cfficieni measures wherever and as oIlen as necessary to reduce dust nuisance and to prevc-at dust which has
originated from its opcratlons from damaging crops, orchards, cuhivated fielcb, arid dwellings, or causing a nuisance to
pcr~ons.
(h) The City shall cx~n:ise due care in the use of the Easement Premises so as aot to interfere with the
proper usc and operation of or cause injury or damage to any property., irrigation and drainage facilitieS, or works of the
United States.
(i) The City shall reimburse the United States for ,ny and all costs and e.xp,mses incurred in the
defense of any action which challenges thc City's use of thc above-described landis.
(j) Thc City shall be liable for all taxt~ and assessments, if'any, against thc Ea.~nent fights granted
here~.
4. PROTRCTION OF CULTURAL RE-SOURCE,S.
(a) In thc event cultural resources (human remains, artifacts, cultural debris-bone, shell, charcoal,'
wood) are discovered during actions authorized hcrdn. City shall be responsible for ceasing project activity (i.e.. with/~
the proxl,.,,ity of the cultural find). IfNativc American human remains are discovered on Federal land 25 USC 3002, ·
Sec. 3 (d) of the Native American Graves Protectioa and Repatriation Act (NAOPRA) applies. Reclamation, including
the Regional Archeologist, will be contacted t~ determim~ appropriate acti _ohs to comply with H^GPR. A and
National Historic Preservation Act
Co) city 'shall be respo~ible for repc~ting the find to United States Bureau of Reclamation and local
authorities, as required by local, state and Federal law and coordinafinff i~structions fi'om cultural ri:source professionals
approved by United States Bureau of Reclamation to ~ssure proper resolution.
5. ~ This Coatract and Grant of Easement shall herealer be dc~med to replace and supersede thc
License issued for the conslruction of the access road and bridge, Con~'act No. 6'07-20-L6644, dated April 23, 1997.
Unless terminated as hcrdn provided, the easement rights descril:,xl herein ar~ granted to the City in perpetuity.
6. 2~,M,!~:tA.T.[~. This Contract shall terminate and all rights of thc City herctmdcr shall cease upon the
following:
Ca) ~,r failure ot'ae city to observe my of the condifio-,s of;his Contract. a~cl on the :10th day
following service of writteh notice o,~ the City of termination because of failure to observe such COnditions; or
(b) At any time by the City upon three (3) months written notice to thc United Sates; or
(c) At its option, by the United States for nonuse of thc Easement Pr~nnises by the City for a p,~-iod of
tw,mty-four (24) c~nsecutive months.
The notices provided by ks Article shall be served by certified mail addressed to the respective addresses
given in Article 9 herein, and thc mailing ofa~y such notice properly enclosed, addressed, stamped, and certified, shall
be considered scrx4ce. ' ' ·
The United States will determine if the City's improvements, facilities, and appurtenances will be removed
upon termination. Irt. he United States d~enui~e.s that said improvcm,.-nts, facilities, and appuncrumce, s shall be
remov-.,~ removal shall be made within thirty (~0) days alter termination, and the Easement Premises will be restor~ to
9-07-20-L7090 4
0CT-13-1999 12:14 BUREAU OF RECLAMATION 209 48? 5927 P.i~
a condition sa .tisfactory to the United States and FWUA. Said removal and restoration activities shall b~ at the sole cost
arld ¢,xpcns~ of thc City. In the evcn£ the City does rlot~ within thL, l'y {30) days al~¢r
,~,ove all improvements and facilities ~ucted or installed by the City, and r~storc the premises to a condition
satisfactory to the United States and FWUA, the U~ted States or its designee may remove'the improvements and
facilities placed on the above lands; dispose of all materials and equipment so removed by such means as may appear
advisable to return thc Ea.qement P~ to a safe, usable, and cleared condition; and recover all costs of removal,
disposal, and rehabilitation of the Easement Premises from the City.
7. BREACH OF CONTRACT, Enforr~-ment of thc terms of this Contract shall lac at thc discretion of the
Unlted States. and/mY forbearance by Un/ted States to exercise its rights under this Contract in the event of any breach
of any term of the Contract shall not be construed to be a waiver by United States of such terms or of any subsequent
breach of the samc or any other term of t. ki$ Contract or of any of'United States' rights under this Contract. No delay or
omission by United States in the excr~ise ofany right o£ remedy upon any breach by City ,~hall impair such right or
remedy or be con~trued as a waiver. Fuither, nothing in this Contract creates non-discretionary duty upon thc United
States to enforce its provkqlona, nor shall deviation from these terms and procedures, or failure to enfome its provisions
give risc to a private right of act/on against United States by any third partie$.
8. CONSIDERATION.
(a) Bc~nnL~g as of thc effective date of this Contract and thereafter until such privileges
are reLiglq~ished or telTnlnatcd a::; herein provided, thc City may enter, occupy, and ~.thc described lands ~/thout
charge for thc parposes of constructing, reconstructing operatin8 and maintaining an acce~ road and bridge and
structures appurtenant ther~o. The United States has waiv,.xt the value of the right-of-use in accordance with ,$3 CFR
429.6(c)(3).
Co) In accordance with 43 CFR 429.6(b), the City ~hall pay all admini$1zativ¢ coats inculte,~i by
United States in issuing thla Contract.
9.~.
(a) Any nolice, dcm~ or request t-,:quired or authorized by this Contract to b~ given or made t~ or
upon the United States shall be deemed properly g/yen or made if delivered or mailed postage-prepaid, t~ the Regional
Resources Manager, Bureau of Reclamation, 2800 Cottage Way. Sacramento CA 95825-1898.
Co) Any notice, demand, or request required or authorized by ti:ds Conu'act to be given or made to or
upon the City shall be deemed properly given or made it'd 'divered or mailed postage.prepaid, to City of Bakersfidd,
Public Works Department, 1501 Tmx'n~ Avenue, Bakersfield, Cal~omia 93301.
(c) The design~on of the person to or upon whom ~y notice, demand, or requ~t is to be given or
made, or the address of such person may be changed at any time by notlc~ given in the same manm..r ~ provided in this
Article for other notice.~.
9-O7-20-L7090 $
GENERAL PROVISIONS
10. I-IAZAI~X~US MATERIALS During the performance ofthis Contr~t, the CID', hcrcinalicr referred to
as the "Contractor" agrees as follows:
(a) The Contractor shall comply with all applicable Federal. State. a~l local laws and regulations,
and Reclamation policies and inswucfions, e,xisti~g or hereafter enac~;d or I~mulgated, concerning any ha~clous
material that will be used, produced, ~'ansponed, stored or disposed of on or in lands, waters or l~acilities owned by the
United States or adrn{nistered by Reclamation
(b) "Hazardous material" means any substance, pollutant or contaminant listed as hazardous under
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 USC 9601,
sa a~,), and the regulations promulgated'pursumt to that Act.
(c) The Contractor may not allow contamination of lands, waters, or facilities owned by thc United
States or administered by Reclamation by hazardous materials, thermal pollution, refuse, garbage, sewage
/nduswial waste, petroleum products, mine ~ailings, mineral salts, pesticides (including, but not limited to, the misuse of
pesticides), pesticide containers or any other pollutants.
(d) The Contractor shall report to Reclamation, within 24 hours of its occurrence, any event which
may or does result in pollution or contsml;afion adversely affecting lands, wa~ers or facilities owned by the United
States or administered by Reclamation_
(e) Violation ofaz~y of the provisio~ of this Article shall constitu~ grounds for immediate
termination of this Contract and shall make the Contractor liable for the cost of fulI and complete rcmediation and/or
restoration of any Federal resources or facilities that are adversely affected as a result of the violation.
(I) The Contractor agrees to include the provisiom contained in paragraph (a) through (19 of this
Article in any subcontract or third party contracts it ma}' e~ter into pursuant to this Contract.
(g) Reclamation agrees to provide information necessary for the Contractor, using reasonable
dilig~.mce, to comply with the provision ofth/s Article.
11. NONDiSCRIMINATIOn. During the performance of this Conic-act, the City agrees as follows:
(a) To comply with Title VI (Section. 601) of the Civil Rights Act 6f.luly 2, 1964
(78 Stat. 241). which provides that "... no person in the United States shall, on thc gound of race, color, sex, or
national origin be cxclufled from participation in, be denied the bcnellts of, or be otherwise subj~tcd to discrimination
under any program or activity for which the City receives financial a~'istanee from the United States .... "and to be
hotrod by the regulafion~ of thc Department of the Interior for the eff~tuation thereof, as set forth in 43 CFR Part 17.
(b) To obligate its Subcontractors. subgrant~es, transferees, successors in interest, or any other
participants receiving Fcxieral financial assistance hereunder, to comply with the requirements of this provision.
(C) In the event that a final decision of a hearing examiner or of the Director, Office of Hearings and
Appeals, pursuant to ~13 CFR Part 17, provides for termination of or refusal to grant the right provided by this Contract,
the Secretary of the Interior may terminate this Contract and n~voke the grant. This provision shall be a covenant
running with the land during the p~'iod in which the property is used for a purpose for which the Federal financial
as~'i~'ta~ce is extended or for any other purpos~ involving the provisions of similar services or benefits.
9-07-20-L7090
'- 6
12. EOUAL EMPLOYMENT OPPORTUNITY. During the performance of'this Contract, the City,
herdnafter referred to as the "Contractor", agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for empkLwnem because
of race, color, religion, sex, or national origin. The Contractor will take ~a'mative action to ensure that applicants and
employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such
action will include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoffor termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to pon in conspicuous places, available to employees and applicants
for employment, notic~ to be provided by the Contracting Ofl:ic~r setting forth the provi'sioms of this nondiscrimination
(b) The Contractor will, in all soliciratlons or ~v~ts for employes, placed by or on behalf'of
the Contractor, state that all qualified applicants will receive consideratkm for employment without regard to thoir rac~,
color, religion, s~x, or national origin.
(c) The Contractor will send to each labor union or representative of workers with whom the
Contractor has a collective bargaining agrec-ment or other contracA or undm'standing, a notice, to be provided by thc
Contracting Officer, advisqng said labor union or workers' r~resentalive oft. he Contractor's commltmcnts ulldgr S~tion
202 of Executive Order 11246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous
plac. c~ available to employees amd applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order No. 11246 of $cptemb.zr 24,
1965, as amended, and of the rules, r~gulations, and relevant ordain of the Secretary of Labor.
(c) The Contractor'will furnish all information and reports required by said amended Executive Order
and by the rules, regulations, and orders of the Sectary ol~Labor, or pursuant thereto, and will permit ar.~ess to its
books, records, and accounts by the Contracting Officer and the Secretary of Labor for purposes of investigation to
~ccrtain compliance with such rules, regulations, and ordcrs.
(0 In the event of the Contractor's noncompliance with the nondiscrimination clause of this Contract
or with any of thc said rules, regulations, or ordgrs, this Contract may be canceled, terminated, or suspended, in whole or
in part, and the Contractor may be declared ineligible for further Government contracts in accordance with prooexl~
authorized in said amended Executive Order. and such other sanctions may be imposed and remedies invoked as
provided in said amended Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(g) The Contractor will include the pro,dsions of paragraphs (a) through (g) in every subcontract or
purchase order tmlc~ exempted by roles, regulations, or orders of thc Secretary of Labor issu~ pursuant to $~.,ction 204
of said amended Sxmutive Order, so that such provisions ~dll be binding upon em:h subcontractor or w-~ador. The
Contractor will take such action with respect to any subcontract or purdmse order as the contracting agency may dire, t
as a means of~-rfforcing such provi~ons, including samctions for noncompliance: ~, how~wv, That ha the event
the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such
direction by the contracting agency, the Contractor may request the United States to ~nter into such litigation to protect
the interests of the United States.
13. SUCCESSORS IN INTEREST OBLIGATED, This Contract shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto[ ~ ~, That no assignment or transfer of ally of
thc fights o£the City hcruunder shall be made without the prior x~Titten con.mt of the United States, which consent will.
nor bc unreasonably withheld.
9-07-20,-L7090 7
14. ~. The United States makes no warranty, expressed or implied, as to the extent or
validity of'the grant eontalne~l herein, or the condition at any time of the Easemc,mt Premises, or any of lbo property of the
· United' States fl~ereon, or the suitability of the Easement Premises for the purposes of the City.
15. I::[OLD HARMI FSi. The City hereby a~ecs to hold harmless and inde~ the United Sates, FWUA,
their employees, agents, successor, or assigns from and agai~t any claim,L demands, cost.s, losses, eau.scs of a~tioa.
damages, or liability of whatsoever kind or nature arising out of or resulting from acts or negligence of the City's
activities trader this Coll~act. Additionally; except for acts of neglig,mce, the City releases the United States. FWUA,
its officers, employees, succ~sors, and as,signs from any and all liability for damage arising from injury to persons or
damage to struc~es, equipment, improvemenL~, or works of the City resulting from the construction, operation, or
maintenance of any of the works of the United States, Er,.~ ~ that nothing contained in this Article shall be
deemed to modify or limit any liability which may be impo'~xi by the Federal Tort Claims Act, 2g USC, Section 2617 et
seq.. (1970).
(a) The United States shall not be liable for any damage to the im3rovements, facilities, or
appurtenances of the City which may result fi.om the construction, operation, and maintenance of the Ffiant.Kern Canal
or other R~lamation project facilities, including damage which may occur as the result of seepage, floodage, or erosion
from the works constructed by the United States.
(b) The City shall be liable for airy and all damages to the property of the United S.tates by reason of
the exercise of the fights and privileges granted by this Contract.
17. COVENANT AGAINST CONTINGF3'4T FEES. Thc City warrants that no person or agency has been
employed or retained to solicit or s~gure this Contract upon an agreement or under~mnding for a co-mission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established agencies maintained by
thc City for thc purpose of securing business. For breach or violation of this warranty, the United States shall have the
fight to annul this Contract without liability or in its discretion to require the City to pay, in addition to the Contract prlcc
or consideration, the full amount of such commit'ion, pew,~-nta§e, brokerage, or contingent fee.
1 g..OFFICIALS NOT TO BENEFIT. No Member ot~or Delegat~ to Congress'or Resident Commission~, and
no officer, agent, or employee of the Deparlment of the Interior, shall be admitted to any share or part o£this Contract or
to ~ny benefit that may arise bereft'om, but this restriction shall not be eonstru~l to emend to tiffs Comract if made with a
corporation or company for its general benefit.
9-07-20-L7090 8
0CT-13-1999 12:17 BUREAU OF RECLAMATION 289 487 5927 P.23
[lq WITNESS WHEREOF, this easement is ~iw.-n as oftl~ date and year first above writI~.
UNITED STATES OF AMERICA
BY.
Robert F. Stackhouse
Regional Rcsourcc-s Mamger
Mid-Pacific Region
Bureau of Reclamation
ACCEPTANCE:
The City of Bakersfield. and its authorized repres~tatives, by signature below, agr~ to ~he ~ and conditions above.
CITY OF BAKERSFIELD APPROVED AS TO FORM:
Bob Price .alan Dale Daniel
Mayor Assistant City Attoraey
Date Date
APPROVED AS TO CONTENT: COUNTERSIGNED:
Raul M. Rojas Gregory Klimko
Public Works Director Finance Director
Date Date
NOTED:
Friant Water U~rs Authority
Date SCC-451
9-07-20-L7090 9
EXHIBIT "A'!
All that portion of the Northwest Quarter of Section 28, Township'
29 South, Range 27 East, M.D.M., in the City of Bakersfield, Kern
County, California, being more particularly described as follows:
Commencing at a point on the West line of said Northwest Quarter,
from which point the Northwest corner thereof bears N0o11,00,,E,
gg$.00 feet; thence SSga49'00"E, 89.35 feet to the True Point of
Beginning, being a point on the West right of way line of the
Friant-Kern Canal, said point being.on a 270.00 foot radius, non-
tangent curve, a radial from said poi'nt to the center of.said
curve bears N0o04,35,,W; thence Easterly along said curve through
a central angle of E~o15'10,, an arc distance of 104.86 feet;
thence N67o10,45,,E, 150.55 feet to a point on the East right of
way ilne of the Friant-Kern Canal; thence arong said East right
of way line S14~22,36,,E, 13.24 feet and S2go30,E2,,E, 49.2S feet
to a point on a 168.00 foot radius, non-tangent curve, a radial
from said point to the center of said curve bears S22o05,29,,E;
thence Westerly along said curve through a central angle of
0°43'47"E, an arc distance of 12.14 feet; thence $67o10,4S,,W,
1Sa.20 feet to the beginning of a 33E.00 foot radius, tangent
curve, concave Northwesterly; thence Southwesterly along said
curve through a central angle of 18a09'43", an.arc distance of
105.24 feet to a point on said West right of way line of the
Friant-Kern Canal; thence NE1o44,20,,W, along said West line,
65.58 feet to the True Point of Beginning.
Containing 0.36 acres, more or less.
.~LMARTER AND DEIFEL
s K. Delmarter
17564/Exp. 6/30/01
FORM ~ (7.~)
· ~ F~ -
:JdARIER & OglI:"~'L JAIdF..S K. OELIdARTE:R
~1 H S'TRLr~T · 3-24-.99
KF. RSF'IE~D. CA. 99,:301 '
EXHIBIT "Il" ~
ACKNOWLEDGMENT
(TOR THE UNITED STATES)
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
On this __ day of , I 9.___._, before me,
_, personally appeared,
NAME, TfI'LE OF OFFICER. E.G. 'JANE ~p.., NOTARY PUnLIC~
s~-,~ os st~rsa rttu~ os s~oi,~x
personally known to me -OR- proved to me on the basis.of satisfactory ~viden¢¢ to Ix: the
p~rson who cxmuted this iastrum~t, and acl~owledgcd to me that executed the
same on behalfofth~ United States of America in the capacity therein stated and for the
purposcs therein contained. ( .
Witness my hand and official seal.
$1GNATIJI~ OF NOTAIW
.~ My Commission expires:
(SEAL)
9-07-2O-L7090
ACKNOWLEDGMENT
STATE OF CALIF0~IA )
couwr¥ OF )
0h this day of ,19 , before me,
, personally appear~l,
~A~. Trr~E oF omc~. s.c.-~s vo~ ~OrA~¥
~AM~S OF Sla~S~ Tm.S or s~s~
~rso~Hy ho~ to me -OR- prov~ ~ ~ on ~e b~is of safiffacto~ evide~ to be ~
s~ o~ b~alf of in ~e ~paci~(i~) ~c~ sm~d ~d f~ ~e
N~ OF ~Y
Wimps my ~d ~d official
SIONATURE OF NOTARY
My Commission ex'p/res:
(SEAL)
9-o7.20-L709o
TOTAL P. 27
MEMORANDUM
September 22, 1999 .~'
FROM: jACK HARDISTY, DEVELOPMENT SERVICES DIRE~
SUBJECT: RESPONSE TO PoRTER/ROBERTSON SEPTEMBEP./'10,' //1999
LETTER TO COUNCIL MEMBER COUCH
The project applicant has apparently complained that the requirement to apply for
(and pay for) a General Plan Amendment and Zone Change should not be apPlied.to
process veSting Tentative Tract 5964 located sOuth of Johnson Road,' WeStOfRenfro-'~--,,-~?.:-?-
Road (see attached map). The applicant indicates that they should have been informed
of the necessity to process a General Plan Amendment and Zone Change for the A
(Agricultural) zone freeway ramp area with previous projects they submitted, specifically
with the attempt to eliminate the large lot restriction on a portion of the property adjacent
to Johnson Road.
The format of this response is to provide details on each action presented in the
letter dated September 10, 1999 by Harold Robertson.
Applicant - April 24, 1991 Zoning upon Annexation approved, Ordinance No. 3353.
Response - The applicant at that time was John Sarad (JTM Company).
Property owners at that time were Dolph and Louise Snyder and John Papoff et al.
The freeway interchange alignment (Draft) at that time was zoned A (Agricultural)
with the zoning upon annexation. The precise interchange configuration was not known
but freeway ramps were thought to be necessary. The applicant requested that the
General Plan Amendment, zoning and annexation proceed using the interchange
alignment available at that time.
Councilmember David Couch
September 22, 1999
Page Two
AppliCant - May 26, 1994 Lot Line Adjustment No. 353. This shows that the
south bound on ramp from Renfro Road to the
freeway was eliminated.
Response - This Lot Line Adjustment (LLA) was requested by Questa
Engineering for West Kern Corporation (Jim Murphy), the owner at that time.
The purpose of the LLA (as stated by the applicant) was to allow phasing and
possible resale of Tract 5552, which is south of the Kern River FreewaY. This LLA' did
not eliminate or reconfigure freeway ramps, but reflected the existing lot lineS.?The
larger freeway ramp areas shown on the zoning and general plan map were never
created as separate parcels. (See attached) ' ''~
Applicant - February 2, 1999 Application for Zone Change submitted to. City
~ to eliminate requirement for large lots ....
· "' ThishappliCnantlnOn WaS ,isal~p;°V~ned
byte Pla ' g Commiss'o 0 '.".":
recommendation by Staff. No mention of ..
triangular shaped parcel that remained an 'A ....
' Zone as a result of deleting future on ramp to
freeway.
This parcel of land could have been rezoned
under this application.
Response - The application requested a change of conditions having to do with
lot sizes on a portion of the owner's property. A legal description of the total ownership
was provided, however no other changes were requested. Changes to zone.
boundaries were not requested.
The statement that this parcel could have been rezoned under the previous
application is correct had the applicant requested the change to land use designations ·
and zone boundaries. The maps attached to the public notices and staff reports clearly
showed the zoning on the property.
Applicant - August 10, 1999 Submitted Vesting Tentative Tract 5964.
August 27,1999 Notified by City that property owner was
required to apply for General Plan Amendment
and Zone Change and pay fee of $4,060.00.
Councilmember David Couch ..
September 22, 1999
Page Three
Response - The applicant is required to identify the land use designations and" ..~
zoning within the boundaries of the subdivision (BMC 16.16.030 V.). The applicant
incorrectly depicted the eXiSting zoning and land use on the map submittal, staff caught
the error and notified the applicant of the inconsistency and need for General Plan ·
Amendment and Zone Change. Tentative tract submittals must be consistent with the
General Plan Land Use designations (State Subdivision Map Act SectiOn 66473.5). A
tentative map can be approved subject to a condition requiring a zone change prior to
recordation (Bakersfield Municipal Code Section 16.24.100).
Summary -:i.'i':?.
·The applicant owns property zoned A (Agricultural) in an area no longer needed ·
for a Kern River Freeway ramp. '
· · The applicant incorrectly described the boundaries of the zoning in place in
· All maps attached to the project review process depicted the zoning and land use'~;:~!~
correctly.
· The applicant did not request a change of zone in the Previous case.
· The city reviewed a request to change conditions relating to lot size and could
not anticipate the applicant's future plans would require additional changes to
land use and zoning. The "A" zoned portion is obvious on the maps attached to
staff reports, resolutions and notices on this property.
· Staff, to the best of our ability, attempts to identify needed approvals for projects
as we did with the tract map, however this relies on adequate and correct
information being provided by the applicant.
· The fee schedule adopted by the City Council is to offset the' costs of staff
review, public notice, hearings, and documentation by the Planning Commission
and City Council.
Solution Options
A. Require GPA and zone change to be paid for by the applicant. ($4,060
cost/December 16t~ meeting)
Councilmember David Couch
September' 22, 1999
Page Three
B. Require above applications and requeSt Council to initiate the GPA and
zone change at City expense,. -
*References to meeting dates are for Planning CommiSsion Hearings - assumeS ":: -'- -'
complete application is provided. - Project required state CEQA review.
JM:pah
cc: Alan.Tandy, City Manager -"
"EXHIBIT B"
,, LOT LINE ADJUSTMENT 3,53
BEING AN ADJUSTMENT OF THE BOUNDARIES OF THOSE PARCELS OF LAND DESCRIBED AS PARCEL "A"
OF PARCEL MAP WAIVER No. 741, AS RECORDED IN CER'DFICATE OF COMPLIANCE, BOOK 5885, PAGE 914,. O.R.
AND ~HE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER BOTH BEING IN SECTION 34, TOWNSHIP 29 SOUTH,
RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA.
"ASEXISTING "
· CL JOHNSON ROAD
M.B. 14, PG. gO
N 89'30'05' W 655.96' ! N 89'50°05' W~/ 667.85' 1/¢ COR. SEC. 54 29/26
NAILPERP.M. 4495.
VE
20'WIDE MILLER &: LUX ~ PARCEL MAP 3502
PUBLIC ROAD EASEMENT~ P.M. BK. 15, PG. 195
PER BK.5.36, PG. 65, O.R. .30' WIDE EASEMENT TO
PUBUC IN GENERAL
COUNTY OF KERN PER
52, PG. 518 OF MINI BOOKS.
30' WIDE KERN EASEMENTS THAT CANNOT BE
PUBUC, HIGH~ LOCATED FROM RECORD:
PER BK lC PG. 447, O.R.
40.2.3 GROSS ACRES <3~ 1. S.W. 1MBLE, JOHN BURCHAW. G.A.
MURDICK AND GEORGE GRAV~S.
50'
TO
THE
U IRRIGATION EASEMENT PER BK. 7, PG
IN GENERAL PER BK. r~~ .36 OF' OEEDS.
PG.1026,O.R.
~ 2. CHRISTY AND WISE.
IRRIGATION EASEMENT PER BK. 12,
~¢J E PG. 240 O~ DEEDS.
30' WIDE MILLER & LUX
pg,,oPOSF-'O ¢~, ~G. 1~.15~ PUBUC ROAD EASEMENT
PER BK. 536, PG. 65, O.R.
SCALE: 1' = 200'
I := OWNER:
Ct. P.G. & E. TOWERLINE
~J ~ / EASEMENT PER BK. 935, ~j ~ WEST KERN CORPORA110N
8383 W1LSHIRE BLVD. STE 770
~.. ! ~ PG. 299, O.R. ~D BEVERLY HILLS, CAUFORNIA 90211
o I ~ (213) 653-5062
. I.-~ / N 89'30'00" W 1524.52'
30' W1DE MILLER & LUX ~ z
PUBLIC ROAD EASEMENT
PER BK 501, PG. 159, O.R.
~ . 5885, G. 9 , .R. PG. 1026, O.R. M.B. 38, PG. 131
I 20.12 GROSS ACRES
': 30' WIDE COUNTY OF KERN
PUBUC HIGHWAY EASEMENT
PER BK 1077, PG. 462, O.R.
EXlS~NG BASIS OF BEARING:
MOBILE HOME 1HE BEARING OF N 00'23'13' E AS SHOWN ON
KERN COUNTY SURVEY PERPETUAllON MAP 7-1
RECORDED IN ElK. 6, PC. 45, OF COUNTY
l SURVEYOR'S FILED MAPS WAS USED AS THE BASIS
OF- BEARING SHOWN UPON THIS MAP.
'~ N 89'29'54' W 1324.87'
PARCEL B
PARCEL MAP WAIVER No, 741
BK. 5885° PG. 914, O.R.
SOUTHEAST COR. SEC. 34
29/26, K.C.S. MARKED FOR~
SEC. COR. PER P.M. 4495.
!
PREPARED BY:
CUESTA ENGINEERING
5055 CAUFORNIA AVE., STE.218
BAKERSFIELD, CALIFORNIA 93313
(805) 324-5500
GLYNN D. PARKER L.S, 4851 (EXP. 9-30-96) DATE:
SHFET 1 OF 2
"-XHIBIT B"
LOT LINE ADJUSTMENT 358
BEING AN ADJUSTMENT OF THE BOUNDARIES OF THOSE PARCELS OF LAND DESCRIBED AS PARCEL 'A~
OF PARCEL MAP WAIVER No. 741, AS RECORDED IN CERTIFICATE OF COMPLIANCE, BOOK 5885, PAGE 914, O.R.
AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER BOTH BEING IN SECTION 54, TOWNSHIP 29 SOUTH,
RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA.
"AS ADJUSTED"
I
CL PINTO STREET ~ "'"' "~' ~' ~-'~ I ~'"' "'<- ~',
TRACT 2892
,.,. ,~. ,~. ,o I I/,~.~.~ CL JOHNSON ROAD
NAIL PER P.M. 4495.
1 6 ~S~ E OF
20" ~DE MI~ER ~ LUX ~ ~ PARCEL MAP 3502
PUBLIC ROAD EASEMENT ~ ~ P.M. BK. 15, PG. 195
PER "K. 556. PC. 65, O.R. 50' .DE EASEMENT TO
PUBUC IN GENERAL
COUN~ ~ KERN P~
52, PG. 518 OF
50' ~DE COU~OF KERN EASEMENTS ~AT C~NOT
PUBUC HIGH~ EASEMENT LOCA~D FROM RECORD:
PARCEL A ,~, ,, ,o=. ,~. ~,,. o...
A ~ 1. S.W. ~BLE, JOHN BURCHAW, G.A.
MURDICK ~D GE~GE GRA~S.
31.25 GROSS ACRES 50' SEMENT TO ~E 0 IRRIGA~ON EASEMENT PER BK. 7, PG
PUBUC IN G~ERAL PER BK.
~ 36 OF DEEDS.
~91. PC. 1026, O.R.
0 2. CHRIS~ AND ~SE.
~ ~ )RRIGA~ON EASEMENT PER BK.
~11. ~-- ~ PG. 240 ~ DEEDS. 12,
~'~ z
, I1,'
p¢OPOSCD ~
~ 52953
~ 0 WN E R:
/ EASEMENT PER BK. 935, ' '1 I ,11 i ~ST K~N CORPORA~ON
/ PG. 299. O.R, ~ I J III ~ ~ ~8a ~LSHIRE BL~. S~ 770
/ ........... N 89'36'48" w / ~ II, , o DEARLY HILLS, CALIFORNIA
90211
~ PUBLIC ROAD EASEMENT ' %'~1
~ PER BK 501 PG. 159 OR. ~ III
PARCEL B ..,.o~,..~voc...~. Jill ~
29.10 GROSS ACRES ~ DEDICA~ON PER BK. 5791, /~m' // ~
PG. 1026, O.R; ~ 1~/ M.~"~: ~7i31
~ PUBUC HIGHWAY EAS~ENT I ~11
~ PER BK 1077, PG. 462, O.R. ~
~ I ~ III mE BEARING ~ N 00'23'13' E AS SHO~ ON
~ t ~111 KERN COUNW ~Y PERPE~A~ON MAP 7-1
~ I '] RECEDED IN BK. 6, PG. 45, OF COUNTY
~ ' I IH SUR~YOR'S RLED MAPS WAS USED AS ~E BASIS
~ · l lll o~ ~A.=.~ s.o~ U~O. mis
N 89'29'54" W 1324.87' ~-~
PARCEL B ~ J
PARCEL MAP WAl~R No. 741 · I ~
BK. 5885, PG. 914, O.R. ~ ~ /~ t ~D ~
29/26, K.C.S. MARKED FOR ~ ~1 ~ //~.~'-
5055 CALIF~NIA A~., S~.218 ~ ~%/
8AKERSRELD. CALIFORNIA 93313 ~r~ ~,~
(805) 324-5500 ~
GLeN ~ PARKER LS. 4851 (EXP. 9-30-96) DA~:
SHFET
ZONE CHANG
P99-0087
~ R-S-lA
c~ R-S-lA R-S-lA
· , COUNTY
JOHNSON ROAD C/~ -
(~o,ooo) ~o ~-~:
R-1(8,500) I L--
~-2
J R-1
i C-1
I
0
I
S~ IN ~
T2gs, R26E
I
STOCKD~E ~ . HIGHWAY
I
gg4~
PORTER · ROBERTSON
~::ii:::::::~::::::::iiiii[!![!!!!!iiii ENGINEERING & SURVEYING, INC.
September 1 O, 1999 99-1200
Council Member David Couch
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
RE: VESTING TENTATIVE TRACT 5964
Dear David;
The following is an outline of significant events involving land use designations
and zoning of the referenced property:
April 24, 1991 Zoning upon Annexation approved, Ordinance No. 3353.
May 26, 1994 Lot Line Adjustment No. 353. This shows that the south
bound on ramp from Renfro Road to the freeway was
eliminated.
February 2, 1999 Application for Zone Change submitted to City to eliminate
requirement for large lots.
This application was disapproved July 15, 1999 by the
Planning Commission on recommendation by Staff. No
mention of triangular shaped parcel that remained an
Zone as a result of deleting future on ramp to freeway.
This parcel of land could have been rezoned under this
application.
August 10, 1999 Submitted Vesting Tentative Tract 5964.
August 27, 1999 Notified by City that property owner was required to apply for
general plan amendment and zone change and pay fee of
$4,060.00.
Sincerely,
HWPJdb
1200 - 21st STREET - BAKERSFIELD, CA 93301 - 661/327-0362 o FAX 661/327-106
PORTER · ROBERTSON
ENGINEERING & SURVEYING, INC.
September 10, 1999 99-1200
Council Member David Couch
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
RE: VESTING TENTATIVE TRACT 5964
Dear David;
The following is an outline of significant events involving land use designations
and zoning of the referenced property:
April 24, 1991 Zoning upon Annexation approved, Ordinance No. 3353.
May 26, 1994 Lot Line Adjustment No. 353. This shows that the south
bound on ramp from Renfro Road to the freeway was
eliminated.
-February 2, 1999 Application for Zone Change submitted to City to eliminate
requirement for large lots.
This application was disapproved July 15, 1999 by the
Planning Commission on recommendation by Staff. No
mention of triangular shaped parcel that remained an 'A'
Zone as a result of deleting future on ramp to freeway.
This parcel of land could have been rezoned under this
application.
August 10, 1999 Submitted Vesting Tentative Tract 5964.
AuguSt 27, 1999 Notified by City that property owner was required to apply for
general plan amendment and zone change and pay fee of
$4,060.O0.
Sincerely,
HWR/db
1200 - 21st STREET - BAKERSFIELD, CA 93301 - 661/327-0362 - FAX 661/327-1065
ORDINANCE NO. 3353
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND CITY
ZONING MAP NO. 101-34 BY PREZONING PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF RENFRO
ROAD AND JOHNSON ROAD KNOWN AS THE RENFRO
NO. 2 ANNEXATION (WARD 4).
WHEREAS, in accordance with the procedure set forth in
the provisions of Title 17 of the Municipal Code o~ the City of
Bakersfield, =~e Planning Commission held a puDlic hearing on a
request by the City of Bakersfield to zone cer=ain property now
being annexed to said City, described in ExHibit "D," attached
hereto and incorporated as though fully set foru~ here~n, and made
several general and specific findings of fact which warranted a
negative declaration wi~h mitigation of environmental impact; and
WHEREAS, at said public hearing held on February 7, 1991,
said zoning upon annexation was duly heard and considered and the
Planning Commission found as follows:
1. Proposed Zoning Upon Annexation designations, as
'mitigated, will no= have a significant adverse effect on the
environment.
2. Public necessity, convenience, general welfare and
good planning practice justify the proposed Zoning Upon
Annexation to R-1 (One Family Dweiling-8,500 sq. ft.), R-1 CH (One
Family Dwelling-Church-8,500 sq. ft.), R-2 (Limited Muluipie
Pamiiy Dwelling, Maximum l0 DU/net acre') and C-i (Limited
Commercial) zones.
3. Proposed Zoning Upon Annexation designations would
be in conformance wifh the Metropolitan Bakersfield 2010 General
Plan.
4. The proposed prezoning is consistent with existing
land use in the area.
5. The proposed Zoning Upon Annexation would be compat-
ible with future and existing development on the surrounding
properties as conditioned in Exhibit "A."
6. Public participation and notification reuuirements
pursuant to Sections 65090 and 65353'of the Government Code of
the State of California were duly followed.
WHEREAS, by Resolution No. 7-91 on February 7, 1991,
the Planning Commission reco ...... ended approval and adoption of an
ordinance amending Title 17 of the Municipal Code to approve an
R-1 (One Family Dwelling-8,500 sq. ft., R-1 CH (One Family'
Dwelling-Church-8,500 sq. ft.), R-2 (Limited Multiple Family
Dwelling, Maximum 10 DU/net acre) and C-1 (Limited Commercial)
zones, with conditions of approval on at~ached Exhibit "A" and as
delineated on the attached map marked Exhibit "C,, by this Council
and this Council has fully considered the findings made by the
Planning Commission as set forth in that Resolution; and
WHEREAS, the RENFRO NO. 2 AnneXation prezoning area
comprises 100 +/- acres of land contiguous to the boundary of
the City of Bakersfield; and
WHEREAS, an Initial Study was prepared, noticed and
distributed for the proposed prezoning. Based on said study,
staff determined that if mitigated'as required by the Nega=ive
Declaration no adverse impact to the existing and future environ-
ment of the area would result from the proposal, and recommended
the approval of the negative declaration with mitigation. A
Negative Declaration was posted and advertised on NovemDer 29,
1990; and
WHEREAS, conditions of approval and mitigation measures
se= forth in Exhibit "A" and Exhibit "B," at=ached hereto and
incorporated as though fully'set forth he_rein, are adequate to
reduce identified impacts to insignificant levels; and
WHEREAS, the proposed zoning substantially conforms'to
and is consistent with the General Plan; and
WHEREAS, %he City Council has determined after due con-
sideration of the motion and recommendation of the Planning
Commlssion, herein on file, together with the reasons advanced at
the Planning Commissfon hearing, that said zoning should be
authorized upon annexation of said property to the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
1. All the foregoing recitals are found to be true and
correc=.
2. The Negative Declaration with mitigation for this
zoning action is hereby approved and adopted.
3. That Title Seventeen of the Bakersfield Municipal
Code of the City of Bakersfield and City Zoning MaD 101-34, be and
the same is hereby amended by prezoning said property and extend-
ing the boundaries of said map to include tha= certain property in
the Coun=y of Kern generally located on the southwes~ corner of
Renfro Road and Johnson Road contiguous to the boundary of the
City of Bakersfield known as.the RENFRO NO. 2 ANNEXATION, upon the
annexation of said property to the City of Bakersfield, the zoning
designations and boundaries of which property are shown on 'the
mad marked Exhibit "C", hereto attached and made a part of this
ordinance, and are more specifically described as follows:
ZONING UPON ANNEXATION NO. 5093 --
THE SITE IS LOCATED ALONG THE SOUTHWEST
CORNER OF RENFRO ROAD AND JOHNSON ROAD.
From a County "A" (Exclusive Agriculture, 20
gross acres minimum lot size) Zoning District
to City "R-l" (One Family Dwelling minimum lot
area 8,500 square feet) or more restrictive
zoning district on 47 +/- acres; from County
"A" to a City R-l-CH (One Family Dwelling
minimum lot area 8,500 square feet, CHURCH)
or more restrictive zoning district on 10 +/-
acres; from County "A" to a City R-2 (Limited
Multiple Family Dwelling, 6,000 square feet
minimum lot size, 10 dwelling units or less
per net acre), or more restrictive zoning
district on 15 +/- acres; from County "A"
to a City C-t (Limited Commercial), or
more restrictive zoning district on 12.5 +/-
acres. (Legal description attached in
Exhibit "D")
and subject to the Conditions of Approval as listed in attached
Exhibit "A," and the mitigated measures included in. Exhibit "B."
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective upon the
annexation of the above-described territory to the City of
Bakersfield, but not less than thirty (30) days from and after
the date of i~s passage.
o0o
- 3 -
I HEREBY CERTIFY thac the foregoing Ordinance was 9assed
and adog=ed by the Council of the City of Bakersfield ac a regular
meeting thereof held on &pa ~ ~ lqql , by the
following vote:
A~S: COUNCILMEMBER~: EDW&ROS. DeMQNO. SMITH. BRUNNI. PETERSON. McOERMOTT. SALVAGGIO
NOES; COUNCILMEMBERS:
A~tEIIT COUIIGIUIEMSERS:
,~STAm: COtMCtLMEMBERS'
CITY CLERK and Ex Officio Clerm of the
Council of the City of Bakersfield
APPROVED APR 2 4 1991
~CLARENCE E. '~EDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
Attachments
Exhibit "A"
Exhibit "B"
Exhibit
Exhibit
A ANEX 5
ZUA.REN2.1
3/5/91
- 4 -
EXHIBIT "A" '_
Conditions of Approval
Zoning Upon Annexation No. 5063
Renfro No. 2 Annexation
The following conditions are discretionary. The applicant shall
comply with the following conditions to provide for orderly
development, ensure required improvements are constructed, and to
curtail the proliferation of.smaller, independent drainage
basins.
1. The developer shall complete a traffic impact study which
s~all be approved by the city engineer and which shall pre-
scribe needed traffic mitigations due to the additional traffic
generated from the project. The developer shall then enter
in:o an agreement with the city and posted approved security
to guarantee any needed mitigations prescribed in the traffic
study. Said traffic study and agreement shall be completed
and executed'prior to filing for further subdivision or of a
development plan within the project area.
Paymen: shall be made to the city upon demand at the time said
funds are required for the construction of the needed
mitiga:ions.
2. With the first subdivision/development within the project area,
the subdivider shall construct the full half width of the west
side of Renfro Road between the south boundary of the project
and Johnson Road.
3. The applicant shall submit a comprehensive drainage study. Tbs
drainage study sno.uld include, bu~ not necessarily be limited
to, drainage calculations, pipe sizes and locations, the
drainage basin site and size, and construction phasing.
The drainage s=udy shall be submitted to and approved by the
city engineer and the required drainage basin site and neces-
sary easements deeded to the city prior to recording of any
subdivision map or submittal of any development plan within
=he project area.
4. The future Kern RiVer freeway right-of-way shall be protected.
At a minimum, a reservation for this purpose will be requlred.
5. Sewer service exists in Stockdale Highway at Jenkins Road.
However, this sewer line is no~ designed to service the pro-
jec= area. A future trunk line will be located in Renfro Road
connecting to the future Allen Road sewer trunk pipeline to
service this subdivision. Therefore, a dry sewer system will
gravity flow to Renfro Road. If capacity exists, a temporary
connection to the Stockdale-Buena Vista force main may be
allowed with the appropriate payment of fees. Any upgrades to
the ex~sting system will be the responsibility o~ the deveiope
· Exhibit
ZUA 45063
" oage 2
£
6. A sewer fee will be paid at the time of further subdivision or
development within the project area for the future Allen Road
urunk sewer pipeline. This fee will be approximately $300 per
equivalent dwelling unit.
7. All lots.which front Johnson Road shall be a minimum of
12,000 square feet and have a minimum of 100 feet of
frontage, that tier adjacent and south of these lots shall be
a minimum of 10,000 square feet.
8. There shall be a minimum front yard setback of 30 feet for
all lots fronting Johnson Road.
9. Subdivider shall submit conceptual plans for the landscaping
and walls, wnic~ stall be approved by the Planning Commmsslon
prxor to recordation of the ~inai map.
10. That any final map within.this area is included in.a mainte-
nance district and will be responsible for assessments.
11. The subdivider shall either ins=all all landscaping and au:o-
ma=it irrigation systems prior to recordation of any final
map or enter inno a separate agreement with the city and post
approved security to guarantee their installation.
12. Prior to recordation of any final map, subdivider shall submit
detailed irrigation, landscape, and wall construction plans
for review by the city parks division and approved by the
city engineer.
13. Selec=ion of irrigation and plant material stall be determined
in consultation with the city parks division.
14. At least 48 hours prior to installation of the irrigation
system, and land§caping, the subdivider shall no=ify the city
engineer and city parks superintendent.
15. The subdivider shall maintain all irrigation and landscaping
for a period of not less than six (6) months after receiving
written acceptance by the city parks department.
The water and electricity will be paid by the subdivider un=i?
the end of the six (6) month maintenance period and final
written acceptance by the city. After the six (6) months and
the final written acceptance by. the city, %he subdivider will
be responsible for sending a letter to the utility companies
transferring the meters to the City of Bakersfield. A copy
of the letter s~all be sent to the city engineer and parks
division.
CAO/meg
A ANEX 5
ZUA.REN.E2
]3: RF~F. 2 RTY: ~h
Count,; A lexclusive aaricultural~ zone to Cit'; R-i-L2,000 ~Sin~ie-F~mil,; ~wellin~,
Z2,00~ S. F. mlnimum io~ size) zone '
~e North 195 feet of the southeast !/4 of said Section 34.
Excepting that portion within Parcel 1 (Kern River Freeway) ~nd Renfro Road.
Containing 11.24 Acres (more or less)
PARCEL 3
County A (exclusive a~ricultural~ zone to City R-!-10,000 (single-family dwell)hq,
~0,00~ S. F. minimum lo~ s~ze) zone. '
The South 195 feet of the North 390 feet of the Southeas~ !/4 of said Section 34.
EXC~:TI~:G that portion within Parcel 1 (Kern .River Freeway) and Renfro Road.
Containing 10.60 Acres (more or less)
PARCEL 4
County. A (exclusive. a~ricultural) zone to City R-1-8,500 ',szn' al_-_amz= F= 'iv dwellinQ;
8,500 S. F. minimum lot size).zone. ~ -'
All of that portion of the North 1/2 of the Southeast !/'4 of said Section 34, lying
Northerly of Parcel 1 (Kern River Freeway).
EXCEPTING the North ~90 feet of the Southeast !/4 of said Section 34.
Containing 29.72 Acres (more or less)
PARCEL'5
County A (exclusive agricultural) zone to City C-1 (limited commercial% zone.
All of that portion of the East 625 feet of the Southeast 1/4 of sazd Section 34
lying Southerly of Parcel 1 (Kern River Freeway)
EXCEPTING the portion within the South 1/2 of the Southeast 1/'4 of the Southeast
1/4 of said Section 34.
.~LSO EXCEPTinG any portion within Renfro Road.
Containing 13.10 Acres
33:RE~.2P2 RTY:]h
County A (exclusive a~riculturall zone to City R-2 I!imi~ed multiple family
dwelling) zone. ' · -
.All of that portion of the North 1/2 of the Sou~heas= !/4 of the Southeast '!/4
and the ~brth 1/2 of the Southeas~ 1/4 of said Section 34 lying Southerly of
Parcel 1 (Kern River Freeway).
EXCEPTING any portion within Renfro .Road.
Containing 16.71 Acres (more or less)
CITY OF BAKERSFIELD
ZONING MAP IOI-
SEC.
I.EGLND
x ::
IOI
E(~IRS I PI I Z .,
TO R- 1-~ 0,000'. X '" "~'"
I ~. ,,c.,,.,~.
I
TO R 118,500' Z ;, *'~ '"~ '"'
1
=~5"~"~"==~"'""' ~ ...... :~ .....
I COUNTY A COUNTY A ~ .... , , ... ,- .
, .... ,,-, ~ ~:~~ ~~.4.
RECORDING REQUESTED BY: ~001(
~1~ t~ I".~,~r ;,
WHEN RECORDED MAIL TO: I I 0 I 0 I 9~ JUL 21 ~H' 8: 2~,
Return To:
City Engineer
150] Truxtun Avenue
Bmkersfield, ~. ~330]
, ~ THI~ 8PA~E FOR RE~ORDER'8 U~E ONLY
--0R ' THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
, (Add~ional re~ing fee applies)
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CERTT~TCA~F ~ R~H~T,TANC~
TITLE OF DOCUMENT
THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT AN ERROR ON
EXHIBITS "A" & "B".
Reoordef 580 2705 100 (4/94)
Wlld, N RECORDED, MAIL TO: BUUR
· , ~n0~039P~O[ 113S
,. CI~ ENGINEER .....
CI~ OF B~RSFIELD ?',. . ..'
1501 TRUX~N A~NUE
7~ B~RSFIELD, CA. 93301
'
:-'-'~'~':~' CERTIFICATE OF COMPLI~CE
$ ~ ~ i...'.,
~ '~:: SEC~ON 66499.35, GOVER~~ CODE ,:":."" ~"~' :' '''~''~
'::::::' :' "": ~ LOT LINE ~JUS~E~ NO. 353
B~ing an adjustment of th~ boundaries of thos~ ~rtions of land in tho Ci~ of Bakorsfidd sho~
as Parcel A of that C¢rtificat¢ of Compliance recorded in ~ok 5885, Pag¢ 914, O. R., and a ~ion
of tho no~heast % of th~ ~utheast ~ of Section 34, both ~ions being in Section 34, T. 29 S., R.
26 E., M. D. B. ~ M.
~s~ssor's Parcd Numbers 408-020-09-00-5 ~ 408-020-17-00-8.
~¢ undersigned Ci~ En~neor of the Ci~ of Bakersfidd, d¢si~ated by ordinances of said Ci~ as
Adviso~ Ag~n~ with respect to Parcel Map Waiv¢rs and ~t Lin~ Adjustments and acting h~min
on behalf of tho City of Bak~rsfidd, hereby c¢~ifi~s that tho ~t Lin¢ Adjustment for the
hereinafter-described parcels of land mmplies with tho provisions of tho Subdivision Map Act of the
State of California and Chapter 16 of tho Ci~ of Bakersfield Municipal Code r¢~lating divisions
of land.
Said adjusted parcels of land, being situated in th~ City of Bakersfield, Coun~ of Kern, Stat~ of
California, are more particularly described on Exhibit A and shown on ~hibit B.
It should bo noted that the preparation and recordation of a Certificate of Complianc~ shows that
the lot lin¢ adjustm¢nt conforms to the requirements of the Map Act only and should not
interpreted as th~ sole requirement for obtaining construction permits.
WE~T~ CO~O~ION, a De, ware Co~oration, is the owner of the described parcels of land.
Dated May 25, 1994
RAUL M. ROJAS
RCE No. 39880 Expiration December 31, 1997
Ci~ Engineer
City of Bakersfield
DG:p:hninordiv~lla353.coc 1028
Bo o .?039 1139
EXHIBIT "A"
BEING AN'ADJUSTMENT OF THE BOUNDARIES OF THOSE PARCELS OF LAND
DESCRIBED AS PARCEL "A"'OF PARCEL MAP WAIVER NO. 741, AS RECORDED
IN CERTIFICATE OF COMPLIANCE, BOOK 5885, PAGE 914, O.R. AND THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER BOTH BEING IN SECTION
34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MOUNT DIABLO BASE AND
MERIDIAN, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ADJUSTED PARCEL A:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34, ALSO BEING
THE TRUE POINT OF BEGINNING.
THENCE (1) SOUTH 00°23'13'' WEST, ALONG THE EAST LINE OF SAID
SECTION 34 ALSO BEING THE CENTERLINE OF RENFRO ROAD, 1325.17 FEET;
THENCE (2) NORTH 89°36'48'' WEST, ALONG THE SOUTHERLY LINE OF THE
KERN RIVER FREEWAY ALIGNMENT RECORDED IN BOOK 6602, PAGE 1495 OF
OFFICIAL RECORDS, AND AS CONVEYED IN DEED RECORD BOOK, 6768, PAGE
1488 OF OFFICIAL RECORDS, 74.02 FEET; THENCE (3) NORTH 04°09'44''
WEST, ALONG SAID FREEWAY SOUTHERLY LINE ALIGNMENT 325.94 FEET;
THENCE (4) NORTH 86°56'04'' WEST, ALONG SAID FREEWAY ALIGNMENT,
676.74 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 5295.17 FEET TO WHICH BEGINNING OF THE
CURVE A RADIAL BEARS SOUTH 10°45'05'' EAST; THENCE (5) SOUTHERLY
ALONG SAID CURVE, ALSO BEING THE SOUTHERLY LINE OF SAID FREEWAY,
THROUGH A CENTRAL ANGLE OF 06°07'31" WITH AN ARC LENGTH OF 566.08
FEET; THENCE (6) NORTH 00°25'04'' EAST, 1110.03 FEET, TO A POINT ON
THE CENTERLINE OF JOHNSON ROAD; THENCE (7) SOUTH 89°30'05'' EAST,
ALONG SAID CENTERLINE OF JOHNSON ROAD, 655.96 FEET; THENCE (8)
CONTINUING ALONG SAID CENTERLINE OF JOHNSON ROAD, SOUTH 89°30'03''
EAST, 667.85 FEET TO THE POINT OF BEGINNING.
EXCEPTING ALL THAT PORTION OF THE KERN RIVER FREEWAY ALIGNMENT
RECORDED IN BOOK. 6602, PAGE 1495 OF OFFICIAL RECORDS, AND AS
CON-VTEYED IN DEED RECORD BOOK 6768, PAGE 1488 OF OFFICIAL RECORDS
LYING IN THE EAST HALF OF THE EAST HALF OF SAID SECTION.
CONTAINING 31.25 GRoss ACRES
ADJUSTED PARCEL B:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 34; THENCE
SOUTH 00°23'13'' WEST ALONG THE EAST LINE OF SAID SECTION 34 ALSO
BEING THE CENTERLINE-OF RENFRO ROAD, 1325.17 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE (1) CONTINUING ALONG SAID CENTERLINE OF RENFRO ROAD SOUTH
BOOK 7039 11,10
, 6OI. 72
00"23'13" WEST,--6-6-G.-~FEET; THENCE (2) NORTH 89"29'54" WEST,
1324.87 FEET; THENCE (3) NORTH 00"25' 04" EAST, 875.07 FEET TO THE
BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 5295.17 FEET TO WHICH BEGINNING OF THE CURVE A RADIAL
BEARS SOUTH 16"52'36" EAST; THENCE (4) NORTHERLY ALONG SAID CURVE,
ALSO BEING THE SOUTHERLY LINE OF THE KERN RIVER FREEWAY ALIGNMENT
RECORDED IN BOOK 6602, PAGE 1495 OF OFFICIAL RECORDS, AND CONVEYED
IN DEED RECORD BOOK 6768', PAGE 1488 OF OFFICIAL RECORDS, THROUGH A
CENTRAL ANGLE OF 06"07'31" WITH AN ARC LENGTH OF 566.08 FEET;
THENCE (5) SOUTH 86"56'04" EAST, ALONG SAID FREEWAY ALIGNMENT,
676.74 FEET; THENCE (6) SOUTH 04°09'44'' EAST, ALONG SAID FREEWAY
3Z~.D~ ALIGNMENT, ~ FEET; THENCE (7) SOUTH 89°36'48" EAST, ALONG
SAID FREEWAY ALIGNMENT, ~FEET TO THE POINT OF BEGINNING.
7~.1~
CONTAINING 29.10 GROSS ACRES
B A K E R S F I E L D
Development Services' Department
Jack Hardisty, Director
Dennis C. Fidler Stanley C. Grady
Building Director August 27, 1999 Planning Director
(661) 326-3720 Fax (661) 325-0266 (661) 326-3733 Fax (661) 327-O646'
Mr. Harold Robertson
Porter-Robertson
1200 21st Street
Bakersfield CA 93301
RE: Vesting Tentative Tract 5964
Dear Harold:
This letter is a follow-up of our discussion Thursday regarding the above-mentioned
item. This department has determined that a General Plan Amendment is necessary for the
southeastern portion of this tract, amending the land use designation from RI-A (Resource -
Agriculture) to LR (Low Density) or other appropriate residential designation.
Therefore, processing the subdivision application will be postponed until the land use
designation is changed. We will hold the subdivision application unless otherwise instructed by'
you.
The next GPA application deadline is September 17, 1999 for a December hearing date.
You may also apply for a concurrent zone change changing the zone from A (Agriculture) to R-
1, with the appropriate minimum lot size. The application fee for a concurrent GPA and zone
change is $4,060. If you submit the GPA application in September and it is approved by City
Council in early 2000, it appears that the earliest Planning Commission meeting we may be
able to schedule tlqe subdivision would likely be February, 2000.
If you have any questions, please contact me at (661) 326-3733.
Sincerely,
.:?.' Jennie Eng
× Associate Planner
S:\TRACTS\5964\l-gpa.wpd
City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301
Sent By: BAKFD CITY CLERK; 661 323 3780; Nov-l-99 9:54AM; Page 2
BAKERSFIELD -CALIFORNIA
' ~'ITY COUNCIL November 1, 1999
Irma Cax~n Subject: Opening the west end of Shellabarger Road to through traffic.
W,~d l
Dear Resident,
Both the City and the County have received a petition from some of the
~ ~ residents in the Shellabarger Road are~frequesting that the west end of
w,~a3 Shellabarger Road be open to through,traffic.~'-'- Due to the receipt of this
petition the City is considering this request while also considering the effects
David Ceud~ Of opening the road to through traffic.
W,u'd 4
~,aa~y aow~ It should be noted that the City and the County met and worked out what
w,~/s was acceptable to all parties advocating closure of Shellabarger Road. The
City Fire Department, County Fire Department, City Police Department,
Jacqrdg Sullivan
w~,~ County Shedff Department, City Public Works Department, County Roads
Department, City Attorney's Office and the County Counsel were all
~ s~dvagg~o consulted and all worked together to accommodate the wishes or' the
w.,~ ;, community per that petition,
Residents in the area have made it clear that they do not wish to have a
public community meeting on the issue. While we believe that would be the
best forum for public input we recognize the scheduling conflicts that could
adse for some residents if a single date were chosen. Public input isj
however~ imperative especially due to the controversial nature of this issue.
We are therefore seeking input from the residents in the area on wether, or
not the opening of Shellabarger Road on the west end connecting to Pepita
Way would be desirable.
1501 Truxpan Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780
Sent B'y: BAKFD CITY CLERK; 661 323 3780; Nov-l-99 9:54AM; Page 3/3
Page 2 of 2
A postpaid card has been enclosed with this letter. Please fill it out and return it by
November 30, 1999. Any non-response will not be counted toward either side of the issue.
Only those residents responding will be coUnted and those opinions considered. We
greatly appreciate your cooperation and patience in this matter. If you have any questions
please contact Marion P. Shaw at (661) 326-3579.
Very truly yours,
DAVID COUCH RAUL ROJAS
Councilmember, Ward 4 Public Works Director
cc: Barbra Patrick, Distdct 3 Supervisor
10/27/99 16:'13 '~805 828 1027 C 0 B PUBLIC WKS ~oo2/oo4
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10/27/99 16:14 ~'805 328 1027 C 0 B PUBLIC WKS ~1003/004
From: ~ Da~e:
H~E IS THE E~I~TE REQUEST FOR: .,, ~~ / & ~,
October 11, 1999
As Mayor of Bakersfield, I would like to welcome Pastor John H. Calhoun to our city.
I congratulate you on becoming the pastor of Olive Knolls Church of the Nazarene, one
of the community lighthouses in our city. You have impressive credentials, and I know
that you will be a great shepherd to the flock at Olive Knolls.
Welcome to Bakersfield, and if I can be of any assistance, don't hesitate to call on me.
Yours truly,
Mayor
1501 Tmxtun Avenue · Bakersfield, Califomia 93301 · (661) 326-3770 ° Fax (661) 326-3779
E-mail address: mayor@ci.bakersfleld.ca.us