HomeMy WebLinkAbout2002Metastorm e-work client Page 1 of 1
Referral Display ID:}Ref°°°312
David
Couch
I~ i Referral Created:
Requestor: ] ~ Ward:
Req. Completion Date: 1'i'213012002 I Meeting: 1i2/11/2002 ........................................ i [12/18/2002 ~]
Initial Referral Information
Short Description:
IORDINANCE RE:MOLTIPLE FAMILY RESIDENTIAL
Long Description:
***REFERRA.U TO URBA_,~ DEVE.UOPY-~ COI~,I'rT~i"R.E***
Er.EME~T$'OF THE ORDI~Ai~CE ~ ~2ARKTIqG BY THE URBA~
DEVEI~OPYIEI~ COlVR~I'rTTEE. Attachment A
Attachment B
Attachment C
Attachment
D
Lead: ~ Assigned To: Response?
~ I (1) urban Dovolopmont Corem
Reassigned To: Response?
Optional Citizen Contact Information
Name: Name:
Address: Address:
Phone: Phone:
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Metastorm e-work client Page 1 of 1
Referral Display '
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Requestor: [D,?..v.!d.~....C...,o,?,C,b ........................................................ i .......... RefermlCreated:
Req. Completion Date: 1~.~.~,.,2..~,,2. ........... 1
Initial Referral Information
Short Description:
GENERAL PLAN POLICIES
Lon§ Description:
***~'R.R_.~ ~'~0 U'R~A~ D'~V~T,OP~RN"2**., ' ~.".
COUNC'r~,Y~ENB]~RSi.'OOUC~,' B~.NFJ~ & HAGGARD ~L~.R~]~D :'ADDTr2TO~A~
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Optional Citizen Contact Information
Name: Name:
Ad~s: Add.s:
Phone: Phone:
.../FolderPage?Page=Referral%2524Display&FolderID=EWORKSEWORK$00000155&Launt2/25/2003
December 4, 2002
Honorable Congressman William "Bill" Thomas
United States Congress - 21st District
4100 Truxtun Avenue - Suite 220
Bakersfield CA 93309
Subject: City of Bakersfield Municipal Airport
Dear Congressman ThomaS:
The Bakersfield Municipal Airport (L-45) lies in close proximity to the ILS outer marker of
Meadows Field (BFL). This creates a potential conflict for inattentive or unfamiliar pilots
departing L-45. and flying into the ILS flight path of BFL. There have been several incidents
requiring evasive action from pilots of commercial airlines over the past several years. It may be
only a matter of time before a tragic accident occurs due to the proximity of these airports.
We initially requested the change from Class "D" airspace to Class "C" airspace from Mr.
William C. Withycombe, Administrator, Western Pacific Region, FAA in March 2000. This would
require pilots using L-45 to notify the tower at BFL of their movements. His response was that
BFL does not meet the criteria for Class "C" airspace and therefore.could not be changed. We
requested he reconsider the decision and the response again was that the airspace designation
could not be changed.' A copy of the most recent request for airspace modification is attached
hereto. We believe that the safety of the flying public should be considered a priority when
considering this change, rather than entirely adhering to limiting criteria. The traffic control staff
at BFL control tower has been supportive of the change in airspace classification, as they too
are concerned about the safety of the commercial airlines on their approach to BFL.
Due to the safety concerns, the City of Bakersfield has even considered closure of the airport.
However, this option appears highly unlikely. Therefore, we are requesting your assistance to
change the airspace at BFL to Class "C" which would resolve the safety concerns. Since it
appears this cannot be done through normal-channels, would you present special legislation to
accomplish the airspace change, or is there another approach through the FAA that we may
take?
We look forward to a positive response regarding our request.
--- ECEIVED
HARVEY L. HALL -
Mayor ~ /
Attachment ~ 0~-(~ I 0
c: Alan Tandy, City Manager, City of Bakersfield
Raul Rojas Public Works Director, City of Bakersfield ,~iTY ~IANAGER'S OFF~___C_.[.~.,
1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3770 ° Fax (661) 326-3779
E-mail address: mayor@ci.bakersfield.ca.us
BAKERSFIELD
a~truM, ao~^s PUBLIC WORKS DEPARTMENT aa~on.u/~awoou
m~a~roa, crrv ~O~ PU~UC woar, s ona~o~s
November 25, 2002
Mr. William C. Withycombe, AWP. 1
Regional Administrator
Federal Aviation Administration, Western Pacific Region ,'i~ii.. :.:. '.:.":,"...
P. O. Box 92007, WWPC
Los Angeles, CA 90009-2007
SUBJECT: Reconsideration of Air Safety .::.. ,.
Bakersfield Municipal Airport (L-45) ....... "
Dear Mr. Withycombe:
As you are aware the City of Bakersfield is concerned with air safety between traffic of
Bakersfield Municipal Airport (L-45) and Meadows Field (BFL). In the past we had
requested that the airspace designation at BFL be upgraded to Class C, which would
incorporate L-45 and allow air traffic controllers to monitor traffic at both airports. You
have previously denied the designation change because it has not met minimum FAA
guidelines. We are requesting that you review the conditions again for changing the BFL
airspace to Class C or Class C from 1500' - 3000'. We believe this change in airspace
would alleviate our safety concerns and protect the ILS to Meadows Field.
We would accept any other ideas that you may have to control traffic that would further
protect the ILS into Meadows Field. The City of Bakersfield remains concerned about
aircraft safety and would like a remedy to the conflict of airspace between BFL and L-45.
Thank you for your assistance.
Very truly yo~ur~e~~
ad B. Underwooc},/
Airport Manager
c: Alan Tandy, City Manager
Raul M. Rojas, Public Works Director
PUBLIC WORKS OPERATIONS
4101 TRUXTUN AVENUE (661) 326-3781
BAKERSFIELD, CALIFORNIA 93309 Fax (661) 852-2113
Metastorm e-work client Page 1 of 1
................................................................................. ] Ref~l Cr~t~:
Initial Referral Informtion
Sho~ D~c~pfion:
~IDE YArD SEIBACKS
~ng D~cfiption:
CO~CI~EMBER COUCH ~FE~D TO THE URB~ .DE~LOPMENT
CO~ITTEE TO T~E UP THE ISS~ OF THE SIDE~ SETBACK
NOTIFY B~ BOE ~ P~TIES OF THE ~ DE~LOPME~
CO~I~EE MEETING.
Attachment B
Attachment C
Attachment D
I2,ad :~1 Assigned To: Response? i
(1) Urban Development Comm
R1 I
Reassigned To: Response?
Optional Citizen Contact Information
Name: Name:
Address: Address:
Phone: Phone:
.../FolderPage?Page=Referral%2524Display&FolderlD=EWORKSEWORK$00000136&Laun(2/25/2003
Metastorm e-work diem Page 1 of 1
R~q,~esto~: IDavid Couc,
Req. Completion Date: 1111412002
[ Meeting: 11/6/2002
Initial Referral Information
Short Description:
IP?~CmENT O[ STOP StGNS
Long Description:
***REb'~.RR3~ TO URBJkN 'DEVEI~OPOlVlENT COlVlNITTEE***
CoNlVlITTEE THE ISS~ OF OBtaINING NORE BOC~ CON,ROB
REG~ING INS~D~/ON OF S~OP SIGNS A~c~mtA
Attachment B
Attachment C
Attachment D
Lea( --i I Assigned To: Response?
Urban Development Comm ........
I l O) [ : ..........
Reassigned To: Response?
Optional Citizen Contact Information
Name: Name:
I ' I
Address: Address:
Phone: Phone:
.../FolderPage?Page=Referral%2524Display&FolderlD=EWORKSEWORK$00000110&Laura2/25/2003
B A K E R S F I E L D
'~ ~~~.~~.f~ ~ 1990
Tree Maintenance Professionals, 10/28/02
Bakersfield City Council and Urban Development Committee asked City staff to review
the City's tree ordinance and make recommendations for proposed uniform standards for
the selection, installation, maintenance, and removal of trees within the public right of
way. City staff has been working with community groups and other governmental
agencies to make recommendations for the needed changes to city ordinances.
One revision being proposed would be a requirement for private contractors to obtain an
annual permit for tree work within the public right of way. The city is recommending
this change to provide for safe and consistent tree maintenance within the public right of
way. The permit process would include and educational component providing
information and requirements for city tree maintenance methods and standards to those
performing such work.
We will be conducting a meeting on Tuesday November 12th at 7:00 P.M. at the City of
Bakersfield Corporation Yard lunch room, 4101 Truxtun Ave. to discuss the proposed
permit process including requirements for obtaining a permit, permit costs and other
related information. Also at this meeting we will be sharing information about the work
of the Metropolitan Bakersfield Tree Advisory Ad-Hoc Committee; information
regarding free educational materials and workshops on proper pruning techniques; tree
worker and arborist certification and an update of activities of the Tree Foundation of
Kern.
Urban forestry has become an important component of our community and there has been
increased public interest in the proper maintenance of trees throughout the city.
Many new trees are being installed and maintained within the public right of way in
Bakersfield. It is' vital that this important resource be-properly maintained by trained
professionals. We welcome your input and your attendance at this important industry
meeting.
Sincerely,__~ /~ ~j
Paul D. Graham, Urban Forester, City of Bakersfield
RECREATION AND PARKS
4101 Truxtun Avenue o Bakersfield o California o 93309
(661) 326-FUNN o Fax (661) 861-0864
Metastorm e-work client Page 1 of 1
Referral Display
Requestor: I?.~?r,~ I Wa~:l~ ...................................
R~. Compl~ion Date: [1011012002 I Me~ing: [.?~.~
Initial Referral Information
Sho~ D~cfiption:
IOFF ROAD VEHICLE RECR~TIONAL FACILIW
~ng ~cfiption:
**~DU~ REFE~B TO ~B~ DE~BOPH~ CO~I??EE. CHRISTENSEN-CITY ~AGER' S OFPICE***
CO~CI~HEHBER ~ REFERRED TO THE ~B~ DE~BOP~NT '
CO~IT?E8 A REQUEST PROH DICK TAYBOR, KE~ OFF HIG~AY Amc~entA
SITES FOR A S~B OFF RO~ ZHICSE REC~AT[ON~ FACIhI?Y.
A~c~t B
.... Amc~mt C
A~c~t D
- ~d: --- ~si~ To: R~po~e?
(~>1 ........................................................................................... ~ I ..........................................................................
Optional Citizen Contact Information
Name: Name:
I I
Addr~s: Add.s:
Phone: Phone:
~/F~derPage?Pag~=R~ferra~%2524Disp~ay&F~derID=EW~RK$E~RK$~52&Laum2/25/2~3 ,
ADMINISTRATIVE REPORT
MEETING DATE: 'October 2, 2002 I AGENDA SECTION: Reports
ITEM: 10.b.
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT'HEAD
DATE: September 27, 2002 CITY ATTORNEY
CITY MANAGER.
SUBJECT: Urban Development Committee Report number 3-02, regarding the sale of real Property
at 515 Truxtun Ave.
RECOMMENDATION: Urban Development Committee recommends approval.
BACKGROUND:
Currently the Greater Bakersfield Convention and Visitors Bureau (Bureau) leases office space at 1325
"P" Street from the City. This property happens to be within the project boundaries of the proposed Ice
Rink/Aquatics Center and needs to be vacated for the project. Further, the City of Bakersfield
acknowledges the importance of the activities carried out by the Bureau and desires to assist them in their
goal of constructing a new Visitor's Center to better serve the public. The City owns property located at
515 Truxtun Avenue that will be becoming surplus when the Economic and Community Development
Department moves to 900 Truxtun Avenue. The Bureau desires to acquire a portion of the surplus
property to construct its' new Visitor's Center and administrative building. To assist them the City will be
donating the land and contributing $150,000 of Transient Occupancy Tax to their project.
On September 19, 2002, the Bakersfield Planning Commission found this transaction consistent With the
Metropolitan Bakersfield 2010 General Plan.
This item was referred to the Urban Development Committee to 'review the proposed agreement with the
Convention and VisitoFs Bureau. The Committee reviewed the proposed project including issues of the
visual compatibility of the new building to the existing Amtrak station, parking, circulation and future
development of city owned property west of the site as an open space area. The Committee
recommended adoption of the resolution declaring real property, located at 515 Truxtun Avenue, surplus
to needs of the City and approval of the agreement with the Greater Bakersfield Convention and Visitors
Bureau to acquire a portion of 515 Truxtun Avenue at no cost to build a new Convention and Visitors
Center and business offices. Staff will be providing additional information at a later date regarding
possible changes to parking along 'T' Street and conceptual plans for the future development of the
adjacent open space area by the City.
September 27, 2002, 1:40PM
P:~/lyFilesV~dmin Reports\CVB.doc
ADMINISTRATIVE REPORT
I'MEETING DATE: September 18, 2002 AGENDA SECTION: Consent Calender
· ITEM: 8.1.
TO: - Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD
DATE: September-5, 2002 CITY ATTORNE~ f'/~--~
(~..-'2~ /
CITY MANAGER ~_/~/, '~
SUBJECT: Surplus Property
1. Resolution declaring real property, Iocate~d at 515 Truxtun Avenue, surplus to
needs of the City.
2. Agreement with the .Greater Bakersfield Convention and Visitors Bureau to acquire
a portion of.515 Truxtun Avenue at no cost to build a new Convention and Visitors
Center and business offices. (Ward 2)
RECOMMENDATION: Staf[recommends adoption of the resolution and approval of agreement.
BACKGROUND:
Currently the Greater Bakersfield Convention and Visitors Bureau (Bureau) leases office space at 1325 "P"
Street from the City. This property happens to be within the project boundaries of the proposed Ice
Rink/Aquatics Center and needs to be vacated for the project. Further, the City of Bakersfield acknowledges
the importance of the activities carried out by the Bureau and desires to assist them in their goal of
constructing a new Visitor's Center to better serve the public. The City owns property located at 515 Truxtun
Avenue that will be becoming surplus when the Economic and Community Development moves to 900
Truxtun Avenue. The Bureau desires to acquire a portion of the surplus property to construct its' new
Visitor's Center and administrative building. To assist them the City will be donating the land and contributing
$150,000 of Transient Occupancy Tax to their project.
On September 19, 2002, the Bakersfield Planning Commission will be asked to find this transaction
consistent with the Metropolitan Bakersfield 2010 General Plan.
DMA/s
September 11,2002, 10:37am
P:'A4yFiles~dmin Reports\CVB admin.wpd
RESOLUTION NO.
A RESOLUTION DECLARING REAL PROPERTY
SURPLUS TO THE NEEDS OF THE CITY AND
AUTHORIZING THE FINANCE DIRECTOR TO
NEGOTIATE ITS SALE
WHEREAS, on July 21, 1986, the City' acquired a fee ownership in 515 Truxtun
Avenue; and,
WHEREAS, the Greater Bakersfield Convention and Visitors Bureau has
requested the City donate a portior~ of this property described in Exhibit "A" and shown
on Exhibit 'B" attached hereto to construct its new Visitors Center and administrative
building.
WHEREAS, on September 19, 2002 the Planning Commission will be asked to
find the sale of this property to be consistent with the Metropolitan Bakersfield 2010
General Plan pursuant to Government Code Section 65402.
WHEREAS, Bakersfield Municipal Code 3.20.125 authorizes the negotiated sale
of City property deemed to be "surplus".
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. The foregoing findings and recitals are true, correct, and incorporated
herein.
2. Real Property located at 515 Truxtun Avenue is heCeby declared surplus to
the City's needs and the Finance Director is authorized to negotiate its sale. The real
property is more fully described in Exhibits "A" and "B" attached hereto and incorporated
as though fully set for[h.
I HEREBY CERTIFY that the foregoing Resolution was passed and ~
adopted by the Council of the City of Bakersfield at a regular meeting,thereof held on
September 18, 2002, by the following vote:
Ayes: Council Member
Noes: Council Member
Abstain: Council Member
.. Absent: Council Member
CITY CLERK.AND EX OFFICIO of the
C.ouncil of the City of Bakersfield
APPROVED
HARVEY L. HALL
Mayor
._..
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
ALAN D. DANIEL
Deputy City Attorney II
P:~City Center~Entertainment~CVB~Resolu~on sign I~age.
Exhibit "A"
Identification of "The Property"
Address: 515 Truxtun Avenue, Bakersfield, California
Assessor's Parcel Number: 006-141-01
Legal Description: All of Lots One (1), Two (2) and Three (3) and and the Easterly
Twenty-Six and one-half (26.5) feet of Lot. Four (4) in Block Seven (7) of the First
Subdivision of the Kruse Tract, in the City of Bakersfield, County of Kern, State of
California, as per Map recorded August 3, t911, in Book 2, Page 30 of Maps, in the
Kern County Recorder's Office.
· ~ 'I'RUXTUN AVENUE
SETBACK
, .~.
E~STING PARKING AREA '
~ :
Greater Bakemn e Baker~eld '
Convention & Visitom Bureau Bli~ s~s ~ a~[,~ "'"' ':,'
PRE~MINARY S~E P~N
~,821 SF / 230 = 21 ~ng s~ 09/03/02
AGREEMENT NO.
CONTRACT REGARDING REAL PROPERTY
THIS AGREEMENT, entered into on , by arid between
the CITY OF BAKERSFIELD, a California municipal corporation and charter c!ty, (herein
"CITY") and THE GREATER BAKERSFIELD CONVENTION AND VISITORS BUREAU,
a California corporation (herein "BUREAU").
RECITALS:
WHEREAS, the City of Bakersfield acknowledges the importance of the activities
carried out by the Bakersfield Conventi6h and Visitors BUreau, and;
WHEREAS, the City benefits financially fr°r~ the Bureau's activities, apd;
WHEREAS, the City i's acquiring properties for a proposed Aqua/Ice Rink facility,
and;
· WHEREAS, the Bureau is currently leasing office space at 1325 "P" Street that is
!.. within the project boundaries which needs to be acquired for the project, and;
WHEREAS, the City has certain real prOperty at 515 Truxtun Avenue ".hat will be
becoming surplus to the City's needs, and;
'WHEREAS, Bureau desires to acquire a portion of the surplus property to construct
a new building to enhance its operations, and;
WHEREAS, CITY has declared The Property as surplus to the needs of the City of
Bakersfield and authorized its sale; and
WHEREAS, it is the intent of the parties to set forth all the (~ovedants and conditions
for the sale by CITY and the purchase by BUREAU of The P~operty.
NOW, THEREFORE, incorporating the aboverecitals herein, CITY and BUREAU
mutually agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. CITY agrees to sell and
BUREAU agrees t° purchase The Property in accordance with all 'of the covenants and
conditions set forth in this Agreement.
Cont~ctToS ollRealProperty
· CVI~ agreement.~vpd
sop~.~,s, 2002 Page 1 of 5
2. :~'.'~:'I CONDITIONS PRECEDENT TO CLOSING. .
,~?:?'i~'.The Planning Commission of the City of Bakersfield finding the sale
.,,, of The Property to be consistent w~th the City's General Plan
b. The completion of the demolition of the improvements presently
located on The Property
c. An irrevocable commitment from a bona fide lender to the BUREAU
of sufficient funds to complete the construction of BUREAU's new
building
d. Ap_,pr-ov.al by CITY's Put:~li~ Works Director of BUREAU's site plan and
architectural el.evations of BUREAU's new building
3. ESCROW. CITY and BUREAU agree that this transaction will be
consummated without the use of an independent escrow agent and agree to take all steps
necessary to complete this transaction in a timely manner. Further each party will bear
their respective costs associated with this transaction.
4. CLOSING DATE. Escrow shall close no later than ten (10) days after the
satisfactioh of all conditions precedent to closing as set forth-herein, unless extended by
Tnutual written agreement of all parties.
,5. CITY'S RIGHTTO REMOVE CERTAIN IMPROVEMENTs. It is understood
that the follOwing impr~ovements currently in place on The Property are not included in this
transaction: All of the improvements that comprise the building and appurtenances situated
on the property commonly known as 515 Truxtun.
CITY will have the right to full use of the same, without payment of rent or
other consideration, until the close of escrow and transfer of possession of The Property
as provided in this Agreem.en_t. " ..
CITY may remove such improvements, or any of them, until the close of '
escrow, provided that CITY takes reasonable means to assure that no damage to the land
or other improvements results from such removal, and that CITY removes from the
premises all debris .resulting from the removal. Any of the above listed improvements that
are not removed by the above specified date will become the property of BUREAU, and
CITY will have no further rights with respect to them.
6. CONVEYANCE OF TITLE. CITY agrees to convey to BUREAU marketable
fee simple title to The Property, subject only to the permitted exceptions as set forth in the
title policy or elsewhere in this Agreement. CITY shall execute a Grant Deed which f~_
conveys marketable fee simple title to The Property to BUREAU and shall delivgr same
to Escrow Holder.
Conb-actT°S ellRealPropert7
CVB agre~menLwpd
sep,,,,,b,, s. 2002 Page 2 of 5
7. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision' of this Agreement shall not constitute a Waiver of that party's
right to enforce such a provision at a later time, and shall not serve to vary the terms of this
Agreement.
8. BINDING.EFFECT. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding .upon, the parties to the ccntract and their heirs,
administrators, executors, personal representatives, successors and assigns.
9. ~GOVERNING LAW. The laws of the State -of California w_ill govern the
val*idity of this Agreement, its interpretation and performance. Any litigation arising in any
Way from this Agr.~ement shall be brought in Kern County, California.
10. TIME. Time is of-the essence in this Agreementl
11. MERGER AND MODIFICATION. This Agreement sets forth the entire
agreement between the parties, and supersedes all other oral or written representations.
This Agreement may be modifiedOnly in a writing approved by the City CoUncitand' signed
by all the parties.
,..-'-~. 12. CORPORATE AUTHORITY. Each individual sigr, ing this Agreement on
., !. - behalf of entities re~'resent andwarrant that they are, respectively,-(luly authorized to sign
on behalf of the entities and to bind the entities fully to each and all of the obligations set
forth in this Agreement.
13. EXECUTION. This-Agreement is effective upon execution. It is the product
of negotiation and all parties are equally responsible for authorship. Section !654 of the
California Civil Code shall not apply to the interpretation of this Agreement.
14. EXHIBITS. In the event of a conflict between the terms, ~onditions, or
specifications set forth in this Agreement and those in exhibits attached hereto,, the terms,
conditions, or specifications set forth in this Agreement shall pre,'ail. All exhibits to which
reference is made in this A~r~ement..are incorporated, whether or not actually attached.
15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be
assigned or transferred by any party without the prior written consent of all the parties.
Any such assignment will be subject to such terms and conditions as CITY may choose to
impose.
16. NOTICES. All notices relative to this Agreement shall be given in writing
and shall be served or sent .by certified or registered mail and shall be effective upon
.. actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
ContractToSellRealProperty
CVB agreemenLwpd
September5,2002 Page 3 of 5
' To CITY: City of Bakersfield ("'~',. . '
1'501 Truxtun Avenue
Bakersfield, California 93301
Attention: Don Anderson
Telephone: 326-3061
To BUREAU:- Bakersfield Convention & Visitors Bureau
1325 P Street
Bakersfield, CA 93301
Attention: Don Jaeger
Telephone: 325-5051
Either party may ~:hange its address for no'tibe by deiivering written noti.ce to the other
party as provided herein.
17. FURTHER-ASSURANCES. Each party shall execute and deliver such
papers, documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of'the parties to this
Agreement.
'18. BROKERS AND FINDERS. The parties acknowledge and represent that
CITY shall pay no commission to any broker Or finder in connection with the purchase and
sale of The Property. '
19. HAZARDOUS MATERIALS. CITY is transferring property AS IS. CITY
knows of no hazardous materials upon the property. BUREAU has the right of entry during
escrow to examine The .Property to determine the existence of hazardous materials.
Should hazardous materials be found on The Property, BUREAU may either accept the
full responsibility and costs of clean-up or cancel the escrow. Once escrow closes,
BUREAU takes the property AS IS and assumes all responsibility and liability for
hazardous materials of every kind found on The Property including, but not limited to,
clean-up costs. ..
20. WATER AND MINERAL 'RIGHTS. Unless otherwise agreed herein,
conveyance of The Property does not include the water and/or, mineral rights, ditches,
appropriations, franchises, privileges and easements on, connected with, or usually had
and enjoyed in connection with The Property.
21. TAX EFFECT. None of the parties (nor such parties' counsel or
accountants) has made or is making in this Agreement any representation to any other
party (or such party's counsel or accountants) concerning any of the tax effects or
consequences on the other party of the transaCtions provided for in this.Agr~eement. Each
party represents that it has obtained, or may Obtain, independent tax advice with respect
thereto and upon'which it, if so obtained, has sOlely relied.
Conb'actT~q ellRealPropedy
CV~ agre~ment.wpd
se,~m~,,s, 2oo2 Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written..
"CITY" "BUREAU"
CITY OF BAKERSFIELD THE GREATER BAKERSFIELD
CONVENTION and VISITORS BUREAU
By: By: DON, ~GEI~, Executive DirectOr
HARVEY L. HALL, Mayor....
APPROVED AS TO FORM:~
BART J. THILTGEN
City Attorney
ALAN D. DANIEL
Deputy City Attorney II
COUNTERSIGNED:
By:
GREGORY J. KLIMk~(~ -'
Finance Director
~ TRUXTUN AVENUE
EXISTING TREES
TREES
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ConvenUon & Visitors Bureau / Bakersfield Bli~
pRE~MINARY S~E P~N 1" 30' 0m,~KE~Em,
. ~ - 09/27/02
4,329 SF / 230 = 19 ~ng s~c~ r~uir~
25'~ng s~c~ pro~d~ O~ ME~Y ~CH~S, INC.
Greater Bakersfield
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PRELTMTNARY ELEVATZONS 1/16"= 1'-0" B*~RS~EL~,09/27/02CA
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Convention & Visitors Bureau / Bakersfield Blitz 515'TRuXTUNAvENUE
PREITIVlINARY FLOOR PLAN 1/8" = 1'-0"
09/27/02
~x~ ORD~Z MEI_BY ARCHITECTS, INC.
PUBLIC STATEMENTS SPEAKER'S CARD
Urban Development Committee Committee of the City Council
Committee Meeting Date ~-,~ ~'?~,~
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
(15) minutes, per side, for any one subject. The Committee may, by simple majodty vote,
waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
David Couch
Name:
Company/
Organization: ~]~'~ ~ /~/(.~ ~ t~
Phone:
PUBLIC STATEMENTS SPEAKER'S CARD
Urban Development Committee Committee of the City Council
Committee Meeting Date ~-~.~~_ _ _ ~,/~~, , _
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
(15) minutes, per side, for any one subject. The Committee may, by simple majodty vote,
waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
David Couch
Company/
Organization: ~
Address: ~)~ '"~t.~.~ ~
Phone: ~-.~ - '~ Fax/e-mail: ~~_~i~
Subject: ~.~ ~ ~[.~, · ~.t.e4~ v
Urban Development Committee
Referrals 9/27/02
[] Freeway Status Report Standin8 Referral (Status - staff to provide updated information on
phasin8 of freeway projects - No chanses from 4/8/02 meetin8 per Raui 5/1/02) Public
Works
[] Transportation Development Fees Referred 6/16/99 (Status- 5/14/01 Staff to meet with
BIA and review proposed method°logy for adjustments to the fees. Update on status for
10/7/02 meetins) Public Works
[] Shellabarger Road Referred 3/15/00 (Status - On Hold per Coundlmember Couch pendin8
development of alternatives) Public Works
[] Leaf Blowers - Referred 7/31/02 by Hanson (Status - staff prepadn8 information on issue.
John to contact Councilmember Hanson and provide backsround matedals)Trudy
[] Commercial and Industrial Development Referred 6/27/01 Couch (Status - need
direction from Committee, issues re. wall heights and other standards on hold per Couch)
Planning
Landscape Ordinance Enforcement Referred 7/18/01 Benham (Status -Benham
requested the Urban Development Committee look into the issue of landscape ordinance
enforcement. Staff to meet with tree tdmmin~ industry re. proposed permit requirement
for work in public d~ht-of-way. Tree advisory committee continuin~ review of ordinance
chan§es and technical manual.) Recreation ~t Parks
[] Minimum Residential Lot Sizes - Referred 9/19/01 by Couch (Status - need direction from
Committee, Plannin~ to meet with Developers and Real Estate professionals ) Planning
[] City Space Needs - Referred / /02 - (Status - went to Committee April 8, staff to come
back with research re. closin~ Eye Street and makin~ it a pedestrian mall. Report made to
Council- September 18, 2002) Public Works
Incentives for Developers to include water and art in projects. Referred 3/20/02 - Couch
(Status - was reviewed by Committee at 4/8/02 meeting. Staff provided information on
Brea ptan and will bdn~ this back to Committee for further discussion.)
[] iFuture operation of Bakersfield Airport. Referred 8/21/02 - Ma~ard (Status - requested
committee discussion re~ardin~ future plans for the airport.)
[] Brundage Lane change from arterial to collector status. Referred 9/02 - (Status - report
/headn~ back to Council on October 16, 2002)
Sidewalk Inspection Pro~ram. Referred 7/31/02 - City Attorney (Status - discussion on
~10/7/02 meeting)
o iReview of sale of property at 515 Truxtun Avenue. Referred 5/20/02 ~ Ma~ard (Status -
to be discussed and report to ~o back to Council at 10/2/02 meeting)
D ~Joint City/County Plannin~ Commission. Referred 9/9/02 - Couch (Status - Hardisty to
prepare memo re. issue and discuss with Committee. May be ready for 10/7/02 meeting)
BAKERSFIELD
CALIFORNIA
September 13, 2002
CITY COUNCIL
]~ar~y~.~a, Mr. Clarence Cullimore
· tayo,. 10 Oleander Avenue
Bakersfield, CA 93304
Mark Salvaggio
Wwe. Mayor
v,,,~-~ ? Dear Mr. Cullimore:
lrmaCarson This is just a short note to thank you for your comments at the
Ward~ September 9~ 2002 Urban Development Committee meeting regarding
SusaaM.~nham changing the arterial designation on Brundage Lane. Your participation
wa~2 at the Committee level is very much appreciated, and I want to
personally assure you that any comments and/or suggestions you may
Mike~ have contributed were taken into consideration by the Committee.
Ward3
The citizens of Bakersfield are encouraged to take advantage of all the
DaviaCou~ opportunities available to address the City Council whenever possible,
Ward4
whether it is at a Council Committee meeting or the regular City Council
HaroidW. Hanson meetings held in the Council Chamber.
Ward5
On behalf of my fellow Committee members, I again extend my thanks.
JacquieSumvan Please do not hesitate to contact me at 326-3767 if you have any
Ward6 further concerns.
David R. Couch
Councilmember - Ward Four
Chairperson, Urban Development Committee
DRC:jp
1501 Tmxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780
BAKERSFIELD
CALIFORNIA
September 13, 2002
CITY COUNCIL
Ms. Dana Karcher, Executive Director
HarveyL. Kall Tree Foundation of Kern
,u,,yor 2300 TrUxtun Avenue #207
Bakersfield, CA 93301
Mark Sah, aggio
Vice-Mayor
W~d? Dear Dana:
~maCar~n This is just a short note to thank you for attending the September 9,
W~d~ 2002 Urban Development Committee meeting regarding trees in public
S,s~,h~,m right-of-ways. Your participation at the Committee level, especially
Ward~ regarding tree issues, is very much appreciated. I want to personally
assure you that any comments and/or suggestions you may have
~ik~M.~ara contributed were taken into consideration by the Committee.
WarE3
The citizens of Bakersfield are encouraged to take advantage of all the
David Couch
Ward4 opportunities available to address the City Council whenever possible,
whether it is at a Council Committee meeting or the regular City Council
RaroldW. Rsnson meetings held in the Council Chamber.
wa,~ s
On behalf of my fellow Committee members, I again extend my thanks.
JacquieSullivan Please do not hesitate to contact me at ,326-3767 if you have any
Ware 6 further concerns.
Sincerely
David R. Couch
Councilmember - Ward Four
Chairperson, Urban Development Committee
DRC:jp
1501 Tmxtun Avenue * Bakersfield, California 93301 * (661) 326-3767 * Fax (661) 323-3780
B A K E R $ F I E L D
CALIFORNIA
September 13, 2002
CITY COUNCIL
l~u'veyLltrsll Mr. Ron Sprague, Chairman
Ma.~or Planning Commission
MarkSalvaggio 2601 Oswell Street, Suite 201
V'~e-Mayor Bakersfield, CA 93386-0679
Dear Ron:
Irma Carson
w,~r This is just a short note to thank you for your attendance at the
SusanM.~en~m September 9, 2002 Urban Development Committee meeting. Your
w,,,-,~2 participation at the Committee level is very much appreciated, and I
want to personally assure you that any comments and/or suggestions
M~keZV~,,.~ard yOU may have contributed were taken into consideration by the
w.,~ 3 Committee.
~a~COU~w~.d4 Your duties on the Planning Commission are very time consuming and
time is very valuable. I appreciate your making the extra effort to attend
a~ok~W.]~nson the Urban Development Committee meetings.
On behalf of my fellow Committee members, I again extend my thanks.
JacquieSumvan Please do not hesitate to contact me at 326-3767 if you have any
w,~ 6 further concerns.
David R. Couch
Councilmember - Ward Four ·
Chairperson, Urban Development Committee
DRC:jp
1501 Truxtun Avenue * Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780
BAKERSFIELD
CALIFORNIA
September 13, 2002
CITY COUNCIL
]~veyLm. Mr. Clarence Cullimore
Mayor 10 Oleander Avenue
MarkSaivaggio Bakersfield, CA 93304
Wtce-Mayor
Ward ? Dear Mr. Cullimore:
[rmaCarson This is just a short note to thank you for your comments at the
w,~ September 9, 2002 Urban Development Committee meeting regarding
SusanM.~enham changing the arterial designation on Brundage Lane. Your participation
w,,.,~2 at the Committee level is very much appreciated, and I want to
personally assure you that any comments and/or suggestions you may
Mike~ have contributed were taken into consideration by the Committee.
w,~ra
OavidCou~h The citizens of Bakersfield are encouraged to take advantage of all the
Ward4 opportunities available to address the City Council whenever possible,
whether it is at a Council Committee meeting or the regular City Council
itaroldW, ltanson meetings held in the Council Chamber.
Ward5
On behalf of my fellow Committee members, I again extend my thanks.
JacquieSullivan Please do not hesitate to contact me at 326-3767 if you have any
Ward 6 further concerns.
sinc
David R. Couch
Councilmember - Ward Four
Chairperson, Urban Development Committee
DRC:jp
1501 Tmxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780
BAKERSFIELD
CALIFORNIA
CITY COLTNCIL
Ms. Dana Karcher, Executive Director
~=,-,~yL.~ Tree Foundation of Kern
Mayor 2300 Truxtun Avenue #207
Bakersfield, CA 93301
Mark Salvaggio
Ifwe. Mayor
w,,.~ z Dear Dana:
~maCarson This is just a short note to thank you for attending the September 9,
Wa,'d~ 2002 Urban Development Committee meeting regarding trees in public
SnsanM.~enham 'right-of-~ways. Your participation at the Committee level, especially
w,,rd2 regarding tree issues, is very much appreciated. I want to personally
assure you that any comments and/or suggestions you may have
MikeMaggard contributed were taken into consideration by the Committee.
The citizens of Bakersfield are encouraged to take advantage of all the
Ward4 opportunities available to address the City CounCil whenever possible,
whether it is at a Council Committee meeting or the regular City Council
i~ar~ldW. Ha~son meetings held in the Council Chamber.
Ward5
On behalf of my fellow Committee members, I again extend my thanks.
JacquieSullivan Please do not hesitate to contact me at 326-3767 if you have any
W,~d6 further concerns.
Sincerely
David R. Couch
Councilmember - Ward Four
Chairperson, Urban Development Committee
DRC:jp
1501 Tmxtun Avenue · Bakersfield, California 93301 · (66 I) 326-3767 · Fax (661) 323-3780
BAKERSFIELD
CALIFORNIA
September 13, 2002
CITY COUNCIL
",,,'veyL.]~ai~ Mr. Ron Sprague, Chairman
· ~"Y°" Planning Commission
MarkSalvaggio 2601 Oswell Street, Suite 201
~f~e. Mayo~' Bakersfield, CA 93386-0679
Ward7
Dear Ron:
Irma Carson
W,~.dJ This is just a short note to thank you for your attendance at the
Sasaa~..~e~,~, September 9, 2002 Urban Development Committee meeting. Your
W~-d2 participation at the COmmittee level is very much appreciated, and I
want to personally assure you that any comments and/or suggestions
M~.~,,~.,gara you may have contributed were taken into consideration by the
w~,.d ~ Committee.
DavidCoUChward4 Your duties on the Planning Commission are very time consuming and
time is very valuable. I appreciate your making the extra effort to attend
l:l'~roldW, l:l~n~on the Urban Development Committee meetings.
On behalf of my fellow Committee members, I again extend my thanks.
JacquieSullivan Please do not hesitate to contact me at 326-3767 if you have any
Wa~d~ further concerns.
David R. Couch
Councilmember - Ward Four '
Chairperson, Urban Development Committee
DRC:jp
1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780
PUBLIC STATEMENTS SPEAKER'S CARD
Urban Development Committee Committee of the City Council
Committee Meeting Date
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
(15) minutes, per side, for any one subject. The Committee may, by simple majority vote,
waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
David Couch
Company/ '
Organization:
Phone:
PUBLIC STATEMENTS SPEAKER'S CARD
Urban Development Committee Committee of the City Council
Committee Meeting Date
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
(15) minutes, per side, for any one subject. The Committee may, by simple majority vote,
waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
David Couch
Name: ,~E::~-)~Vf
Company/
Organization: C/~F¥'~ /~.~J~
Address:
Phone: ~..~_,~ ~'~).2.- ~-- Fax/e-mail:
Subject:
PUBLIC STATEMENTS SPEAKER'S CARD
Urban Development Committee Committee of the City Council
Committee Meeting Date
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
(15) minutes, per side, for any one subject. The Committee may, by simple majority vote,
waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
David Couch
Name: ~ ~ /~_~7'-C~'~ i~'
Company/
Organization: ~'~ ~ £~'j") ~/~ '(~ y~ ~/(~' ~,/
Address: ,'~' ~/~ (") 7'"/~/.4'. ,~//'7/-~/~
Phone: (~,~.~- ~//~ ~--I/~ Fax/e-mail: ~-]~g./'~[~///'~ ~~~,
. Subj~t:
DATE: September 6, 2002
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
By: Paul Graham, Urban Forester '-,~¢.
SUBJECT: CONTRACTOR ANNUAL PERMITS IN TREE ORDINANCE
The Urban Development Committee requested that staff prepare draft ordinance language
which would require commercial tree companies have a City issued permit to work within
the Public Right-Of-Way. The draft ordinance language has been prepared with discussion
to briefly address permit issuance and insurance requirements, work standards in public
right of ways, permit fee and administration, and contractor education.
The proposed ordinance language would require all private contractors performing tree
trimming work within the public right of way to have a city permit. This permit would be
issued on an annual basis and be valid for one calendar year along with several other
requirements. We would require the contractor to add the city to their insurance on an
"additional insured endorsement" for liability coverage of one million dollars, as we require
for encroachment permits. The Urban Forester would provide the contractor city adopted
information on tree maintenance standards and require the contractor to provide his
signature that he has received and understands these standards.
The tree trimming standards required by the city permit will be outlined in the associated
technical manual which explains Best Maintenance Practices (BMP's) and standards for
tree care in public rights of way. The purpose of the manual is to provide a readily
available document that states in clear language the requirements for tree care to those in
the trade and to developers and property owners needing to know the standard.
Staff is not currently recommending that property owners who perform their own tree
trimming be required to have a permit. We anticipate very few homeowners trimming their
own trees due to the required equipment needed to trim trees as well as disposing of
trimmings. This is the primary reason why tree contractors are called in to trim homeowner
trees. To require a home owner to obtain a permit to trim their own tree would also be a
very difficult enforcement issue.
It is estimated a $20.00 proposed fee for the permit would cover the cost of processing the
permit. This proposed new fee would have to be added to the Cost Recovery Program and
approved by Council for its enactment.
Staff expects that initially the potential for permit violations is going to be high but over
time violations should diminish. Staff will be drafting several educational letters to notify
local tree contracting professionals of the upcoming change and prepare them for the
transition. This would include the tree technical manual, instructions for obtaining an
annual permit, and educational material for professional development. We would also
propose to schedule a meeting with the local tree contractors to discuss their ideas
regarding this permit issue prior to adoption.
The street tree ordinance, BMC Chap. 12.40, is currently under review by the Metropolitan
Bakersfield Tree Advisory Ad-Hoc Committee. The committee began reviewing the
ordinance and other tree related documents in May of 2001 and expect the review to be
completed date by mid-September 2002. At that time the committee will submit their
recommendations of ordinance Changes and a technical manual for trees and their care to
the Urban Development Committee for their review.
Chapter 12.40
STREET TREES
Sections:
12.40.010 Title.
12.40.020 Definitions.
12.40.030 Establishment of comprehensive plan.
12.40.040 Jurisdiction and control.
12.40.050 Duties of adjacent owners to maintain.
12.40.060 Interfering with planting or caring for trees prohibited.
12.40.070 Killing or injuring trees prohibited -- Harmful substances.
12.40.080 Inspection and removal.
12.40.090 Duty of private owners -- Removal of hazardous trees
Charging costs of work done by city.
12.40.095 Permits for commercial tree contractors.
12.40.100 No liability upon city.
12.40.110 Types prohibited.
12.40.010 Title.
This chapter shall be known as the "tree ordinance" and may be cited as such.
(Prior code § 12.36.010).
12.40.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the
following meanings:
A. "Director" means Director of Recreation and Parks or designee.
AB. "Parkway" means and includes that area between sidewalks and that portion
of streets ordinarily used for vehicular travel, or any other public area adjacent to
sidewalks and streets ordinarily and usually used as and for planting areas.
BC. "Public place" means and includes streets, avenues, highways, alleys, parks,
parkways, sidewalks, sidewalk spaces, or any other place open to or for the use of the
public.
CD. "Sidewalk" means and includes that portion of a street, other than the
roadway, set apart for pedestrian travel.
DE. "Street" means and includes any way or place, of whatever nature, publicly
maintained and open to the use of the public for purposes of vehicular or pedestrian
travel.
(Prior code § 12.36.020).
12.40.030 Establishment of comprehensive plan.
A. It is for the best interests of the city that a comprehensive plan for the planting
and maintaining of trees within the city should be developed and established, and this
- - Page 1 of 4 Pages - -
chapter is adopted for the purpose of providing for such a plan, and for the purpose of
establishing regulations relating to the planting and maintaining of trees in the streets
of the city and other public and private places therein.
B. The city planning commission is charged with the duty of determining the types
and varieties of trees for planting along the streets. Such determination shall be made
by the commission after consultation with city urban forester. When such determination
has been made, the commission shall report its determination in writing to the city
council in a report to be designated "Official Tree Planting List, Bakersfield, California."
Said report shall be placed on file in the office of the city clerk, and after such filing, the
same shall be the official determination of the commission. Thereafter said commission
may, from time to time, file subsequent reports covering the same subject, each of
which shall be complete in itself and each shall also be filed in the office of the city
clerk. The latest of such reports so filed shall constitute the official list until supplanted
by a subsequent list.
C. The director of publ!c works shall from time to time, at the request of the city
council, prepare plans which shall designate, by means of a complete map of the city
streets, a uniform method of street tree planting, the zoning of certain streets for certain
types and varieties of trees, selecting suitable types for residential areas and special
types of trees for nonresidential areas. Such plans shall show the intervals between
said trees, and the place where each tree is to be planted. The director '-~ ""~-';
shall submit such plan or plans to the city council for its approval or modification,
together with the recommendation of the city planning commission.
D. When the uniform plan in its original or modified form is adopted by the city
council, it shall become the tree planting plan for the streets of the city, and shall be
strictly adhered to in all future street planting projects. The director ''~ '-,,~-" ..... ~'o and
the city planning commission shall develop such plans together. Copies of such plans
shall be made and kept on file in the office of the city clerk where they may be obtained
by the public. (Prior code § 12.36.030).
12.40.040 Jurisdiction and control.
The director of pub!!c '.'.'crks of the ci,~! shall have full jurisdiction and control of the
designation of types and varieties, planting, setting out, locating and placing of all
trees, shrubs and plants in the streets, parks, parkways and public places of the city,
and shall likewise have supervision, direction and control of the removal, relocation and
replacement thereof; provided, however, that in making such determinations and
exercising such control, he shall be limited to the trees, shrubs or plants designated on
the then current official tree planting list. (Prior code § 12.36.040).
12.40.050 Duties of adjacent owners to maintain.
It is made the duty of all owners, agents, tenants or other persons having
possession or control of real property within said city to properly cultivate, care for and
maintain all trees, Shrubs and plants now or hereafter planted or set out within any
parkway or public place immediately adjacent to their respective real properties,
subject, however, to the general supervision, direction and control of said director ef-
~'tllt~''~ ...... lit' I't.~ (Prior code § 12.36.060).
12,40.060 Interfering with planting or caring for trees prohibited.
- - Page 2 of 4 Pages - -
"Paul Graham - 1240cit~'Wpd ................................................................................................................................................................................................................................................ ~Sa e 3
No person, firm or corporation shall interfere with the director ,,~ ,,,,~," ...... ~'o or
persons acting under his authority while engaged in planting, mulching, pruning,
trimming, spraying, treating or removing any tree, shrub or plant in any street, park,
parkway or public place within the city, or in the.removing of any stone, cement or other
substance from about the trunk of any tree, shrub or plant in any such street, park,
parkway or public place. (Prior code § 12.36.070).
12.40.070 Killing or injuring trees prohibited -- Harmful substances.
A. No person, firm or corporation shall, in any way, harm, injure, destroy or kill any
tree, shrub or plant growing upon any street, park, parkway or public place, by any
method whatsoever.
B. No person, firm or corporation shall cause, authorize or allow any brine water,
oil, liquid dye or any other substance deleterious to tree or plant life, to lie, leak, pour,
flow or drip on or into the soil about the base of any tree, shrub or plant in any street,
park, parkway or public place in the city at a point from which such substance may, by
lying upon or by flowing, dripping or seeping into such soil injure, destroy or kill such
tree, shrub or plant.
C. No person, firm or corporation, without the approval of the director of pub!lc
works, shall place or maintain any stone, cement or other substance which might
impede the free access of water or air to the roots of any tree, shrub or plant in any
street, parkway or public place in the city.
(Prior code § 12.36.080).
12.40.080 Inspection and removal.
A. The director "~, ,..~,,v""~'" ...... ..~,,.~'o may inspect any tree, shrub or plant upon any
street, park, parkway or public place of the city, to determine whether the same or any
part thereof constitutes a hazard or an impediment to the progress or vision of anyone
traveling on said street or public places.
B. If the director "~, ~..w,,~""~'"" works determines that any tree, shrub or plant is
hazardous to the traveling public or impedes the progress or the vision of said public
on any such street or public place, he may cause the same, or such parts thereof as
are hazardous or impeditive, to be trimmed or removed so as to remedy such
hazardous or impeditive condition. (Prior code § 12.36.090).
12.40.090 Duty of private owners -- Removal of hazardous trees ~ Charging
costs of work done by city.
A. It shall be the duty of every person, firm or corporation having charge or control
of any lot or premises, either as owner, agent, lessee, tenant or otherwise, to trim or
cause to be trimmed, or remove or cause to be removed, all trees, shrubs or plants or
any part or parts thereof, growing or standing on said property, which may constitute a
hazard or an impediment to the progress or vision of anyone traveling on any street or
public place.
B. Whenever.it comes to the attention of the director ''~, r.-w,,v""~'~; ..... ..~,,.~'o that any tree,
shrub or plant growing or standing on any private property constitutes a hazard or an
impediment to the progress or vision of anyone traveling on any street or public place,
he shall give notice of such hazard or impediment to the owner or occupant of said
- - Page 3 of 4 Pages - -
premises together with a request to remove or correct such condition. Such notice and
request may be given either by personal service or by mail, to the owner or occupant or
other person in charge or control of said premises, or by posting notice upon said
property and mailing a copy thereof to the owner or occupant. The owner or occupant
of said premises shall, within ten days after the service or posting and mailing of said
notice, remove or cause to be removed, such hazardous or impeditive condition.
C. Should any person, firm or corporation fail, neglect or refuse to conform with the
provisions of this chapter, the director of p'--'b!Jc works shall have the power to carry out
such provisions and the cost thereof shall be charged to and become a valid claim
against such person, firm or corporation, recoverable in any court of competent
jurisdiction. (Prior code § 12.36.100).
12.40.095 Permits for commercial tree contractors.
All contractors that perform any type of work or maintenance on trees within the
streets, parks, pathways and public places of the city are required to obtain a
city-issued permit from Director prior to performing said work. The cost of said permit
shall be set by resolution by the City Council and the permit does not supplant the
requirement for an encroachment permit.
12.40.100 No liability upon city.
Nothing contained in this chapter shall be deemed to impose any liability upon the
city, its officers or employees, nor to relieve the owners of any private property from the
duty to keep any tree, shrub or plant upon his property, or under his control, in such a
condition as to prevent it from constituting a hazard or an impediment to the progress
or vision of anyone traveling on any street or public place within the city. (Prior code §
12.36.110).
12.40.110 Types prohibited.
It is unlawful fo~ the owner, lessee, agent, tenant or any other person having charge
or control of any lot, piece or parcel of land within the city, to plant, grow or permit to be
planted or grown any female Populus fremontii wats tree or trees commonly known as
female cottonwood trees or trees which bear seeds of a cottony, wingy or downy
nature; the fruiting variety of Morus albo and Morus nigra tree or trees, commonly
known as the fruiting variety of mulberry tree; or any Ailanthus tree, commonly known
as tree of heaven within said city. (Ord. 2738 § 1, 1982: prior code § 12.36.120).
S:\CO UNCIL\Ords\12.40.CityT rees2. Redline.wpd
- - Page 4of 4 Pages - -
ADMINISTRATIVE REPORT
MEETING DATE: August 21, 2002 I AGENDA SECTION: Deferred Business
I
I
ITEM: 11.a.
APPROVED
TO: Honorable Mayor and City Council DEPARTMENT HEAD.///1~
FROM: Raul M. Rojas, Public Works Director CITY ATTORNEY
DATE: August 8, 2002 CITY MANAGER
SUBJECT: ResolUtion increasing hangar and tie-down fees for the Bakersfield Municipal Airport.
(Ward 1)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: State law requires new fees and charges, as well as increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. A public hearing was
held on July 10, 2002.
The last rate increase for the Airport was done 10 years ago. Rate increases are recommended to
insure operating revenues recover operating costs. These rates are consistent with rates charged
at nearby airports.
Informational notices were mailed to current lessees at the Airport notifying them of the proposed
increase and hearing date.
Upon completion of the public hearing, this item was referred back to staff to ensure that the
proposed rates are not higher than rates charged at Meadows Field. Only one of the proposed fee
increases were higher than what is charged at Meadows Field. The proposed rate for Port-a-Port
(owner hangar) is proposed to be $50, not the $60 as originally proposed.
On August 8, 2002, City staff met with 40 airport tenants regarding the proposed increase in fees at
the Airport and other issues. A summary of issues discussed at this meeting is attached to this
Administrative Report.
ATTACHMENT: FEE INCREASE SCHEDULE
dns
G:\GROU PDAT~ADMINRPT~002~,ug 21~AIRPORTFEEINCREASE.doc
RESOLUTION NO.
RESOLUTION ESTABLISHING HANGAR
AND TIE-DOWN FEES FOR THE
BAKERSFIELD MUNICIPAL AIRPORT
WHEREAS, state law requires increases in existing fees and charges be adopted by
ordinance or resolution following a public hearing on said fees and charges; and
WHEREAS, a public hearing before the City Council was advertised twice in the
Bakersfield Californian, a newspaper of general circulation, and held on July 10, 2002; and
WHEREAS, adoption of increased fees and charges, pursuant to State Law, is necessary
for the City to recover the reasonable estimated cost of providing the services for which the fees
are charged.
NOW, TI-IEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
1. The above recitals and findings are tree and correct.
2. The fees set forth in Exhibit "A" are hereby adopted and shall become effective
on September 1, 2002.
............... 000 ...............
EXHIBIT "A"
BAKERSFIELD MIINICIPAL AIRPORT
Airplane Storage Fee Schedule
_Storage Type Current Fees Proposed Fees
Tie-down $ 30.00 $ 40.00
Port-a-Pon (owner hangars) $ 40.00 $ 50.00
Shadeport (Watts Dr.) $ 55.00 $ 65.00
Shade port (Quad) $ 60.00 $ 75.00
Community Hangar (EAA) ' $ 80.00 $100.00
T-Hangar $130.00 $160.00
Hex Hangar $140.00 $180.00
Overnight Tie-Down (single) $ 3.00 $ 5.00
Overnight Tie-Down (twin) $ 5.00 $ 5.00
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Raul M. Rojas, Public Works Director
FROM: Brad B. Underwood, Public Works Operations Manager
DATE: Aug.ust 13, 2002
SUBJECT: AIRPORT TENANT MEETING
As requested by City Council I met on August 8, 2002 with approximately 40 airport tenants
regarding the proposed fee increase at the airport and other issues. I began the discussion
by soliciting the tenants' input for ideas for improvements at the airport. I also explained the
City's ongoing consideration of the possibility of closing the airport. Highlights of the
discussion are summarized below:
· Airport Closure - I explained that there has been some interest on the City Council to
close the airport, motivated primarily by safety concerns voiced by officials at
Meadows Field. I told them that Mayor Hall had written to the FAA to request
consideration of closure, and that I followed up with a letter requesting information on
how to make a formal closure request. I also told them that in my conversations with
FAA staff, I was told that they view the Bakersfield Municipal Airport as important to
the aviation community. We discussed many things regarding this issue such as
FAA grants and the subsequent '~'" .....
~,-y,=o, obligation incurred by the City in receiving
the funds to keep the airport viable. I assured them that ! tell all parties interested in
investing their money in building hangars, etc. of the possibility that the airport may
close in the future.
· Increased Fees - The tenants did not seem to be opposed to the increase in fees,
but wanted the City to agree that some improvements be made to enhance the
facility. They stated that it seemed as if the only interest the City Council has in the
airport is to raise the fees it charges. There was some concern that the fees were
being raised to drive away tenants making it easier to close the airport, i explained
that interest from a fund balance given to the Aviation Fund via the General Fund
several years ago helped meet annual budgetary needs, i told them that I believe
the increase is fair and may help eliminate the need for interest funds to be used to
meet annual expenditures.
· Restaurant- All in attendance would like to see the restaurant replaced and
indicated that it is part of a healthy airport environment. They explained that a
restaurant on the field is not only attractive to the pilots, but for the residents and
business owners in the area that frequented the former restaurant. They asked
whether the City was interested in replacing the restaurant, and I indicated that I
would discuss that possibility with any interested party. I told them of one interested
individual with whom ! am set to meet on August 23, 2002. I told them that ! Would
bring any reasonable proposal before City Council for their'consideration.-Their *
opinion was that if the City would solicit proposals, many highly qualified r.estaiirant
operators would step forward. . :~ .-- i'~'.~'.,!~-
.',,~.;; :.j .'_~? ...~;..: ..
· Misinformation - They believe theCity Council is being misinforr~ by
including Staff. They cited as an example, my statement at th6 ~nc~l
regarding people using their port-a-pod for storage. I apologized for mY'statement ·
regarding this issue, which I subsequently leamed is not occurring, 'but has been the'
case in the past. I assured them that the City staff is not in the habit of p~ovi'ding the
City Council inaccurate information and that staff is 'not Pushing for Ciosure.:~f the
· Nothing to offer - They believe the City is offering nothing to thePilots and just'letting
the facility deteriorate. I told them that under the current direction, we are doing the
minimal maintenance to stay in compliance with FAA regulations, keep' the facility.
safe, while at the same time stay within budget constraints.
Frustration - There is a high level of frustration among the tenants and they wanted
to know with whom they could communicate. ! indicated they are entitled to speak
with any of the City Council members or me, I indicated that there are limitations on
what I could do, dependent on the desire of the Council regarding the airport facility.
They expressed the desire to keep the airport open.
· Other items - Other concerns were discussed such as paving, after-hours public rest
rooms access, drinking fountains, sweeping, hangar development and rezoning to
allow residential construction.
They.indicated that a large group of tenants would be at the next City Council meeting to
voice their concerns.
G'~ROUPOAT~Airo~rfilermnl rne~fino I~cJ.dr,,c
02 12 8.'
8AKERSFI£LD CI)"Y CLERK
MAYOR AND CITY COUNCIL MEMBERS
I have been a renter at the Bakersfield Municipal Airport (IA5) since1958, and I
am concerned about the lack of interest by staff and some council members.
Of all of the cities capital expenditures, the airport is one of the only ones not
losing money. It's said the city does not want to be in a business, but the city has a lot of
businesses, centennial gardens, civic auditorium, parking lots etc. The airport budget is
hard to interpret, but two expenditures are surely questionable, advertising-$1000.00 and
telephone-long distance $825.00.
The staffkeeps throwing up these strawmen that are not true.
1. The cities liability because of meadows field traffic. False, once the airplane
wheels leave the ground it's the FAA's problem if the pilot violates the rules.
Also airplane owners at the airport are required to have liability insurance.
2. Hangers are being used for storage other than airplanes. False, the airport
manager said that was a miss statement to the council.
3. We lose because the renters don't pay the rent (restaurant). False, if they
don't pay rent, it's called a three day notice to quit and eviction.
A statement by a council member that the city wanted to ~ve the airport to the
county and they turned it down was not the whole story. The county wanted
money from the city to help build the new terminal, not property.
Some airplane owners have wanted to build hangers at the airport, but after
waiting 6 - 8 months for an answer they have built new hangers at Meadows or
Shafter.
There are a lot of corporate planes landing at Bakersfield Municipal because
it's closer to downtown Bakersfield than Meadows.
I think raising the rates at the airport would be a negative act for the airport to
prosper.
Thanks for your time.
Ray Allen
3013 So. Eye St.
831-0411
747-3165
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul M. Rojas, Public Works Director
DATE: August 23, 2002
SUBJECT: AIRPORT ISSUES
The following is a response to Mr. Ray Allen's letter regarding issues at the Bakersfield
Municipal Airport.
· There has been $1,000 budgeted in the operating budget each of the past several
years for advertising. With the City Council's interest in closing the airport, the Airport
Manager has not to spent these funds.
· There is $825 budgeted in the operating budget for "telephone-long distance." This
line item includes a telephone line for the part-time employee at the airport ($180),
the pay telephone ($624), and telephone line for the automated gas pump card
reader ($156).
· City staff has not told City Council that the City is liable if an air accident occurred
between air traffic from Bakersfield Municipal and Meadows Field. City staff agrees
with Mr. Allen that the City has no jurisdiction over airspace and once an airplane
leaves the ground it is under FAA guidelines. However, City staff would also agree
with the comment made by Meadows Field officials that the City would be brought
into a lawsuit if such an accident did occur.
· The statement that hangars have been used for storage other than aircraft has been
the case in the past. Although currently all hangars have aircraft stored in them.
· The comment regarding the City losing because the renters don't pay is referring to
the restaurant tenant. Staff has struggled with the issue of the lessee being late on
the rental payment and had discussed this issue with me several times. This is
somewhat of a double edged sword. If we evicted the tenant, we were likely to be
criticized by these same individuals that the restaurant was closed and we should
work with the lessee. So our decision was to keep the lessee operating the business
and attempt to keep the lessee up with current obligations and work slowly on the
past debt. If we evicted the tenant we were likely to have the restaurant closed more
than open.
C:\Documents and Settings\rsmiley. BAKERSFIELD\Local Settings\Temp\Airportlssues.doc
· There is currently plenty of space available for constructing owner hangars at the
Airport. The Airport Manager has assisted many aircraft owners with the procedures
necessary for construction of hangars. This year alone a minimum of four potential
owners have been given information for construction and sample agreements.
However, these potential owners have not followed up on the necessary
documentation and no progress has been made. The Airport Manager always tells
potential owners of the City Council's interest in closing the airport. This may have an
impact on these individuals not moving forward with their projects.
· Since there is no staff located at the airport, we are not aware of whether or not "a
lot" of corporate planes are landing at Bakersfield Municipal.
· Raising the rates will assist the Airport in bringing in the necessary revenue to fully
recover costs.
Additional questions have been asked and following is the response.
· Donna Kunz will meet with the Airport Manager and Mr. Don Doyle to discuss his
interest in operating a restaurant at the airport on Friday, August 23, 2002.
· The fire damage issue for the restaurant was brought before the City Council on
August 22, 2001. The City Council adopted the recommendation by staff to accept
the cash insurance settlement. In accepting the cash settlement, the City Council
committed to not repair the existing building. The repair settlement offered by the
Insurance Company was greater than the cash settlement amount.
· Camping facilities do not currently exist at the Bakersfield Municipal Airport. Should
some facilities be developed in the future, an appropriate fee will be established.
C:\Documents and Settings\rsmiley. BAKERSFIELD\Local Settings\TempgAirportlssues.doc
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul M. Rojas, Public Works Director
DATE: August 21, 2002
SUBJECT: AIRPORT ISSUES
The following is a response to Mr. Ray Allen's letter regarding issues at the Bakersfield
Municipal Airport.
· There has been $1,000 budgeted in the operating budget each of the past several
years for advertising. With the City Council's interest in closing the airport, the Airport
Manager has not to spent these funds.
· There is $825 budgeted in the operating budget for "telephone-long distance." This
line item includes a telephone line for the pad-time employee at the airport ($180),
the pay telephone ($624), and telephone line for the automated gas pump card
reader ($156).
· City staff has not told City Council that the City is liable if an air accident occurred
between air traffic from Bakersfield Municipal and Meadows Field. City staff agrees
with Mr. Allen that the City has no jurisdiction over airspace and once an airplane
leaves the ground it is under FAA guidelines. However, City staff would also agree
with the comment made by Meadows Field officials that the City would be brought
into a lawsuit if such an accident did occur.
· The statement that hangars have been used for storage other than aircraft has been
the case in the past. Although currently all hangars have aircraft stored in them.
· The comment regarding the City losing because the renters don't pay is referring to
the restaurant tenant. Staff has struggled with the issue of the lessee being late on
the rental payment and had discussed this issue with me several times. This is
somewhat of a double edged sword. If we evicted the tenant, we were likely to be
criticized by these same individuals that the restaurant was closed and we should
work with the lessee. So our decision was to keep the lessee operating the business
and attempt to keep the lessee up with current obligations and work slowly on the
past debt. If we evicted the tenant we were likely to have the restaurant closed more
than open.
· There is currently plenty of space available for constructing owner hangars at the
Airport. The Airport Manager has assisted many aircraft owners with the procedures
necessary for construction of hangars. This year alone a minimum of four potential
owners have been given information for construction and sample agreements.
However, these potential owners have not followed up on the necessary
documentation and no progress has been made. The Airport Manager always tells
potential owners of the City Council's interest in closing the airport. This may have an
impact on these individuals not moving forward with their projects.
· Since there is no staff located at the airport, we are not aware of whether or not "a
lot" of corporate planes are landing at Bakersfield Municipal.
· Raising the rates will assist the Airport in bringing in the necessary revenue to fully
recover costs.
Additional questions have been asked and following is the response.
· Donna Kunz will meet with the Airport Manager and Mr. Don Doyle to discuss his
interest in operating a restaurant at the airport on Friday, August 23, 2002.
· The fire da.mage issue for the restaurant was brought before the City Council on
August 22, 2001. The City Council adopted the recommendation by staff to accept
the cash insurance settlement. In accepting the cash settlement, the City Council
committed to not repair the existing building. The repair settlement offered by the
Insurance Company was greater than the cash settlement amount.
· Retaining the shell of the burned out portion of the restaurant building may be cost
effective. We recommend a structural engineer review the building to see if
significant structural damage occurred.
· There is a benefit in keeping the bakery section of the building open as it could be
used as a small caf(~ or sandwich shop, etc. A portion of this building is used as a
hangar which is currently occupied. It has been the intent of staff to demolish only the
restaurant section that was badly damaged from the fire.
· Locating the restaurant at the Planz Road terminus is part of the Airport Master plan
and would be more centrally located on the airport. This would create a central hub of
activity with the FBO, fuel facility and restaurant all located in the same vicinity. This
location would also provide better access for aviation visitors. However, this would
not be a location seen by drive by traffic on Union Avenue and may make it more
difficult for a restaurant operator to be successful.
· There is ample space to locate a restaurant at the Planz Road terminus. It is likely
that additional cost would be required to provide electrical, telephone and gas service
at this location. This cost would be avoided by constructing at the current location.
· Camping facilities do not currently exist at the Bakersfield Municipal Airport. Should
some facilities be developed in the future, an appropriate fee will be established.
C:~x:uments and Seltings\straynor.0OO~_ocal Settings\Temp~'esponse 8-20.doc
OADMINISTRATIVE REPORT
I
MEETING DATE: August 21,2002 I AGENDA SECTION: Hearings
I
ITEM: 9. I(.
TO: Honorable Mayor and City Council APPROVED
FROM: Development Services - Planning DEPARTMENT HEAD'~.////--~- '
DATE: July 30, 2002 CITY ATI'ORNEY /V'~
CITY MANAGER
SUBJECT: General Plan Amendment P01-1025.. (Ward1)
The City of Bakersfield has proposed an amendment to the Circulation Element of the general
plan by changing the designation of Brundage Lane between Oak Street and the intersection
of Brundage Lane and Edison Highway from "arterial" to "collector".
Resolution approving the Negative Declaration and adopting the Planning Commission
recommended General Plan Amendment to change the Circulation Element designation of
Brundage Lane between Wible Road/Oak Street and the intersection of Brundage Lane and
Union Avenue from "arterial" to ~collector".
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The city Public Words Department proposed this amendment to the Circulation Element changing
Brundage Lane from "arterial" to"collector" status. This would require the maximum right-of-way width
of 90 feet rather than the maximum 110 foot right-of-way required for an "arterial" street. Right-of-way
along the length of Brundage lane is not uniform. Between Oak Street and Union Avenue, the right-of
way is approXimately 90 feet wide. East of Union, Avenue the right-of-way ranges between
approximately 90 and 110 feet.
The traffic model for Metro Bakersfield indicates that Brundage Lane as a collector could carry
anticipated traffic to the year 2010. A down class of Brundage Lane would allow future development
to occur without additional dedication and widening of the road.
Planning Commission public hearing(s) were conducted on April 4 and 18, May 16 and June 6, 2002,
and a modified amendment to the General Plan was recommended for City Council approval on June
6, 2002.
August15,2002,8:35am
ADMINISTRATIVE REPORT Page 2
Considerable debate occurred during the three public hearings on this item. Many members of the
public supported a change in the designation thinking there would be less traffic if Brundage Lane
were to become a collector. A considerable amount of Brundage Lane is outside the city and c .ounty
staff does not support the change from arterial to collector. The Commission concluded that only the
portion of Brundage Lane between Oak Street and Union Avenue should be amended to collector
status.
Staff conducted an initial study and it was determined that the project would not havea significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 1,
2002, in accordance with CEQA.
RED:pjt
(admin~aug\8-21-1025)
August 15, 2002, 8:35am
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING OF
PROPOSED AMENDMENT TO THE CIRCULATION
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance
with the provisions of Section 65353 of the Government Code, held a public hearing on
MONDAY, APRIL 1,2002 and THURSDAY, APRIL 4, 2002, MONDAY, APRIL 15, 2002 and
THURSDAY, APRIL 18, 2002, MONDAY, May 13, 2002 and THURSDAY, May 16, 2002
MONDAY, JUNE 3, 2002 and THURSDAY, JUNE 6, 2002 on General Plan Amendment
P01-1025 of a proposed amendment to the Circulation Element of the Metropolitan Bakersfield
2010 General Plan, notice of the time and place of hearing having been given at least ten (10)
calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, such General Plan Amendment P01-1025 of the prOposed
amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
General Plan Amendment P01-1025
The City of Bakersfield Public Works Department is requesting a
General Plan Amendment of the Metropolitan Bakersfield 2010
General Plan changing the Circulation Element designation of
Brundage Lane between Wible Road/Oak Street and the
intersection of Brundage Lane and Edison Highway from "arterial
to collector"(Exhibit "1"); and
WHEREAS, for the above-described project, an Initial Study was conducted and
it was determined that the proposed project would not have a significant effect on the
environment and a Negative Declaration was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by the city staff and the Planning Commission; and
WHEREAS, by Resolution No. 71-02 on, June 6, 2002, the Planning Commission
recommended approval and adoption of a modified version of the Public Works Department's
original version of General Plan Amendment P01-1025 and this Council has fully considered the
finding made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission recommended that only the segment of
Brundage Lane between Wible Road/Oak Street and Union Avenue have the circulation
designation changed from arterial to collector (Exhibit "2"); and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65355 of the Government Code, conducted and held a public hearing on
WEDNESDAY, August 21,2002 on the above described General Plan Amendment P01-1025 of
the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010
General Plan, notice of time and place of the hearing having been given at least ten (10)
calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper
of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
3. Based on the initial study and comments received, staff has determined
that the Proposed project could not have a significant effect on the
environment. A Negative Declaration was prepared for the project in
accordance with CEQA,.
4. The project, as recommended by the Planning Commission, is consistent
with the surrounding land uses.
5. The project as, recommended by the Planning Commission, is consistent
with the Metropolitan Bakersfield 2010 General Plan.
6. The public necessity, general welfare and good planning practices justify
the amendment to the Circulation Element of the Metropolitan Bakersfield
2010 General Plan.
7. Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA) for the
purpose of documenting significant effects, it is the conclusion of the Lead
Agency that this project will result in impacts that fall below the threshold
of significance with regard to wildlife resources and, therefore, must be
granted a "de minimis" exemption in accordance with Section 711 of the
Sate of California Fish and Game Code. Additionally, the assumption of
adverse effect is rebutted by the above-reference absence of evidence in
the record and the Lead Agency's.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The Negative Declaration for General Plan Amendment P01-1025 is hereby approved
and adopted.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment P01-1025 of
the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan, constituting changes as shown on the map marked Exhibit "2", attached
hereto and incorporated as though fully set forth, for Brundage Lane generally located
between Wible Road/Oak Street and the intersection of Union Avenue and Brundage
Lane.
5. That General Plan Amendment P01-1025, approved herein, be combined with other
approved cases described in separate resolutions, to form a single Land Use Element
Amendment.
...... o0c
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the
City of Bakersfield at a regular meeting thereof held on , by the
. following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNClLMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
RED
Dole\1025
GENERAL PLAN AMENDMENT P01-1025
EXHIBIT ."!" ........
CIRCULATION ELEMENT
// \
/ /
BRUNDAGE LANE
CHANGE FROM ARTERIAL
TO COLLECTOR
.,--,rrz.~-- 11 .
CIRCUt~'nON I~
FRaY
[ ......... ~ " N
22 ~
EXI ,IT "2"
GENERAL PlAN AMENDMENT p01-1025- CIRCULATION ELEM~[qT
PLANNING COMMISSION RECOMMENDATION
. , ~ .,' ~ ,'
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-. -.~.: .- ~ :
- =~ ~ ! :
, ....... ~ ..... ~.s.! ,j... · :
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: BRUNDAGE LANE : i ~ ~,, ~:
: CHANGE FROM ARTERIAL ~ = ;
· TO COLLECTOR
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EXHIBIT "B"
NEGATIVE DECLARATION
B A K E R $ F I E L D
NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION
BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning.
Commission of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon lhereafter, as the
matter may be heard on MONDAY,APRIL 1, 2002, in the Council Chambers, City Hall. -The Monday
portion will be for presentation of staff testimony only. No action to approve or deny this project will be
taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon
thereafter as the matter may be heard on THURSDAY,APRIL 4, 2002, in the Council Chambers of City
Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request:
1. The project to be considered: General Plan Amendment P01-1025 Applicant is requesting an
amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan
changing the designation of Brundage Lane from Arterial to Collector.
2. Project location: Subject site is Brundage Lane between the intersection of Brundage Lane and
Wible Road/Oak Street and the intersection of Brundage Lane and Edison Highway.
3. The name and address of the project applicant:
City of Bakersfield Public Works Depadment
1501 Truxtun Avenue
Bakersfield, CA 93301
NOTICE IS ALSO HEREBY GIVEN that a-public hearing will be held at the same time and place
by the PlAnning Commission to receive input from the public on the potential effect of this project on the
environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been
prepared, describing the degree of possible environmental impact of the proposed project. This study has
shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a
Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on
file and available to the public through the Planning Department located at 1715 Chester Avenue. For
information concerning this project contact Marian Shaw in the Public Works building located at 1501
Truxtun Avenue, or by telephoning the department at (661) 326-3724, or by e-mailing the department at
mshaw~.ci.bakersfield.ca.us. Our website address i§ ci.bakersfield.ca.us.
PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative Declaration,
including requests for additional environmental review, will be accepted in writing on or before the hearing
date indicated above at the Plannin.q Department located at 1715 Chester Avenue, Bakersfield, CA 93301.
If you challenge the action taken on this proposal in court, you may be limited to raising only those issues
raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the
close of the hearing.
DATED: March 1,2002 POSTED: March 1,2002
RED
February 25, 2002
S:\Dole\P01-1025\PC NOPH.wpd
BAKERSFIELD
Development Services Department
Jack Hardisty, Director
Dennis C. Fidler Stanley C. Grady
Building Director Planning Directo~
(661) 326-3720 Fax (661) 325-0266 March 1, 2002 (661) 326-3733 Fax (661) 327-0646
Dear Property Owner or Other Interested Party:
You are being sent the attached notice because the Kern County tax records indicate you
own property in a proposed project area or within 300 feet ora proposed project (see attached
map), or you have specifically requested this notice be sent to you. The attached notice describes
the proposed project and draft environmental document the City of Bakersfield is currently
processing. '
Through this notice, we are informing you of your opportunity to comment either in favor
or against the proposed project. You should express your comments at the public heating
indicated on the attached notice. However, if you are unable to attend this hearing, you may
submit written comments to this department or contact me by telephone prior to the hearing so that
your comments can be considered by the Planning Commission.
Sincerely,
Richard Dole
Associate Planner
RD:djl
S :XDolcL°01 - 1025~PropowncrP01 - 1025.wpd
City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301
BAKERSFIELD
Development Services Department
Jack Hardisty, Director
Dennis C. Fidler Stanley C. Grady
Building Director Planning Director
(661) 326-3720 Fax (661) 325-0266 March 1, 2002 (661) 326-3733 Fax (661) 327-0646
TO: Responsible or Other Interested Agency
SUBJECT: Notice of Public Hearing and Draft Negative Declaration
Pursuant to the California Environmental Quality Act (CEQA), the City of Bakersfield will be the
Lead Agency and will prepare a Negative Declaration for the project identified in the attached Initial Study.
We would appreciate the views of your agency as to the scope, content and adequacy of the
environmental information which is applicable to your agency's statutory responsibilities in connection with
the proposed project. Your agency may need to use this Negative Declaration when considering any
permits or other approvals needed for this project.
In order to review and consider your comments on this project, please send your response no
later than 20 days after receipt of this notice to Richard Dole, the project planner assigned to this case, at
the address indicated above. In your response, please include the name of the contact person in your
agency.
Pursuant to the Planning and Zoning Law of the California Government Code, notice is hereby
given that a hearing accepting testimony will be held before the Planning Commission of the City of
Bakersfield. Said hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on
MONDAY, April 1, 2002, in the Council Chambers at City Hall. The Monday portion will be for
presentation of staff testimony only. No action to approve or deny this project will be taken on Monday.
The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the
matter may be heard on THURSDAY, April 4, 2002, in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, 93301.
For more information, please call the department at (805) 326-3733.
Sincerely,
Richard Dole
Associate Planner
RD:djl
s\forms~l
City of Bakersfield · 1715 Chester Avenue · Bakersfield, California ° 93301
GENERAL PLAN AMENDMENT P01-1025
CIRCULATION ELEMENT -,
:
24 19 - I~
: ' EAST BRUNDAGE LANE
~ .... ~ ........ ..~__ ...... ~ ....... ~4- O HANG E I~]~O-_M ./~q~T__E RIAL
' TO 6OLLEOTOR
HIGHWAY 58
BRUNDAGE LANE
CHANGE FROM ARTERIAL
., ~.. TO COLLECTOR
' '-'r'2 .... 11
CiRcULATION LEGEND
.FUTURE FREEWAY
FREEWAY
EX--AY
N
APPENDIX G
Environmental Checklist Form
INITIAL STUDY
1. Project Title: General Plan Amendment P01-1025
2. Lead Agency Name and Address:
City of Bakersfield Planning Department
1715 Chester Avenue
Bakersfield, CA 93301
3. Contact Person and Phone Number:
Marian Shaw, Civil Engineer IV
(661) 326-3724
4. Project Location: Brundage Lane between Wible Road/Oak Street and Edison
Road/Brundage Lane intersection (Attachment 'B").
5. Project Sponsor's Name and Address:
City of Bakersfield Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
6. General Plan Designation: Arterial
7. Zoning: N/A
(Note: General Plan designations are shown on Attachment
8. Description of Project:
Applicant is requesting an amendment to the Circulation Element of the Metropolitan
Bakersfield 2010 General Plan changing the designation of Brundage Lane from
"arterial" to "collector. This segment of Brundage Lane (Wible Road/Oak Street and
Edison Road/Brundage Lane intersection) proposed to be changed from artedal to
collector is approximately seven and three-fourths miles in length. (See item number 4
above for location).
9. Surrounding land uses and setting: Briefly describe the project's surroundings:
Brundage Lane has been divided into segments with each segment having a
predominant land use along the north and south sides of the roadway. These segments
are as follows:
Oak Street/Wible Road to Chester Avenue (approximately one mile) - predominantly
commercial with some offices and single-family residences;
Chester Avenue to Union Avenue (approximately one mile) Almost exclusively
commercial with very few residences:
Union Avenue to Cottonwood 'Road/Lakeview Avenue (one mile) - predominantly
commercial with single-family dwellings, industrial, churches and undeveloped land;
Cottonwood Road/Lakeview Road to Oswell Street (two miles) - pdmadly industrial and
undeveloped land with commercial, church and a post office;
Oswell Street to Fairfax Road (one mile) - commercial, residential and churches;
Fairfax Road to State Route-184 (one mile) - pdmadly industrial with commercial,
residences, a church and undeveloped land; and No impact.
February 5, 2002
State Route-184 to ~dison Highway (approximately ~ mile) - pdmadly undeveloped land
with commercial, a recreational vehicle park and a orange grove.
10. Other public agencies whose approval is required (e.g., permits, financing
approval or participation agreement): Kern County
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages:
[--] Aesthetics [~] Agricultural Resources [---} Air Quality
[--[ Biological Resources [-'"] Cultural Resources E~] Geology / Soils
D Hazards & Hazardous Materials ~-] Hydrology I Water Quality [] Land Use / Planning
[~ Mineral Resources [-~ Noise ~] Population/Housing
[] Public Services [] Recreation [~ Transportation/Traffic
[] Utilities / Service Systems ' [] Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
[--I I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
D I find that although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because revisions in the project have been made by or agreed to by the project
proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
E] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless
mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an eadier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed.
D I find that although the proposed project could have a significant effect on the environment, because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to
applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing
further is required.
Sianature .
Printed name For
2
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a scenic vista? [--1 [] [] []
b) Substantially damage scenic resources, including, but [] E3 r-~ []
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c) Substantially degrade the existing visual character or [~] r"l [] []
quality of the site and its surroundings?
d) Create a new source of substantial light or glare which E~ r-'] [] []
would adversely affect day or nighttime views in the
area?
II. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California
Dept. of Conservation as an optional model to use in
assessing impacts on agriculture and farmland. Would
the project:
a) Convert Pri~e Farmland, Unique Farmland, or [-~ r-] [-] []
Farmland of Statewide Importance (Farmland), as shown
on the maps prepared pursuant to the Farmland Mapping
and Monitoring Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a I-'-] [--~ I--'] []
Williamson Act contract?
c) Involve other changes in the existing environment [~] [-] [--] []
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
III. AIR QUALITY - Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the follow!ng determinations. Would
the project:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact :
a) Conflict with or obstruct implementation of the E] r"] r"] ~;~
applicable air quality plan? ,'
b) Violate any air quality standard or contribute r-'] r'-'] E] []
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase of [-'] r-] r-] []
any criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant [--~ D r"] []
concentrations?
e) Create objectionable odors affecting a substantial D D D []
number of people?
IV. BIOLOGICAL RESOURCES - Would the project:
a) Have a substantial adverse effect, either directly or F-] D D ~;~
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
b) Have a substantial adverse effect on any riparian D D D []
habitat or other sensitive natural community identified in
local or regional plans, policies, regulations or by the
California Department of Fish and Game or US Fish and
Wildlife Service?
c) Have a substantial adverse effect on federally ~ D E] []
protected wetlands as .defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of any native r-I D ~] []
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
4
Less Than
Significant
Potentially With Less Than
Significant I~tigation Significant No
Impact IncorporationImpact Impact
e) Conflict with any local policies or ordinances r-I r"] r'"] []
protecting biological resoumes, such as a tree
preservation policy or ordinance?
f) Conflict with' the provisions of an adopted Habitat E]
conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
V. CULTURAL RESOURCES - Would the project:
a Cause a substantial adverse change in the [-'] r'"'l r--]
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the D [] D
significance of an archaeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique paleontological r"'] ["] D
resource or site or unique geologic feature?
al)Disturb any human remains, including those interred
outside of formal cemeteries?
VI. GEOLOGY AND SOILS - Would the project:
a) Expose people or structures to potential substantial D D D []
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated on D D r-]
the most recent ^lquist-Pdolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking? D D D []
iii) Seismic-related ground failure, including [] ~ [] []
liquefaction?
iv) Landslides? ~ []
b) Result in substantial soil erosion or the loss of topsoil? [] [] [] []
c) Be located on a geologic unit or soil that is unstable, ~ [] [] []
or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
5
Less Than
Significant
Potentially Wilh Less Than
Significant Mitigation Significant No
Impact Incorporation Impact Impact
d) Be located on expansive soil, as defined in Table 18- D r-] D []
1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the use D D D []
of septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste
water?
VII. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
a) Create a significant hazard to the public or the D D D ~
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the D D E] ~
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or D E] D C~
acutely hazardous materials, substances, or waste within
one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of D [] D ~
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan r"l D D []
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
f') For a project within the vicinity of a private airstrip, D ['-I r"'i ~
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with D D E] ~;~
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of loss, D D D ~
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact IncorporationImpact Impact
VIII. HYDROLOGY AND WATER QUALITY -WOuld the
project:
a) Violate any water quality standards or waste discharge [] [] [~] []
requirements?
b) Substantially deplete groundwater supplies or interfere [] r"] r-~ ~;~
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted)?
c) Substantially alter the existing drainage pattern of the ['"1 [--~ ~-] []
site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the r'-] ['~ r-~ []
site or area, including through the alteration of the
course of a stream or river, or substantially increase the
rate or amount of surface runoff in a manner which would
result in flooding on- or off-site?
e) Create or contribute runoff water which would exceed r'"l [] [] []
the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff?
f) Otherwise substantially degrade water quality7. [--~ [-'l F"] []
g) Place housing within a 100-year flood hazard area as r-~ r-] ~] []
mapped on a federal Flood H~:,~rd Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h) Place within a 100-year flood hazard area structures [] r-~ [] []
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,[~] [] [~] []
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow? [] r"'] [] []
ix. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community? [] [] [] []
7
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact IncorporationImpact Impact
b) Conflict with any applicable land use plan, policy, or E] E] [] []
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat conservation plan E] [] E] []
or natural community conservation plan? :
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known mineral E] E] E] []
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important E] E] r"] []
mineral resource recovery site delineated on a local
general plan, sPecific plan or other land use plan?
XI. NOISE-
Would the project result in:
a) Exposure of persons to or generation of noise levels in ~ ~ ~ []
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
b) Exposure of persons to or generation of excessive ~ ~ ~ []
groundbome vibration or groundbome noise levels?
c) A substantial permanent increase in ambient noise ~ D D []
levels in the project vicinity above levels existing without
the project?
d) A substantial temporary or periodic increase in D D D []
ambient noise levels in the project vicinity above levels
existing without the project? ..........
e) For a project located within an airport land use plan ~ ~ ~ []
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
f) For a project within the vicinity of a private airstrip, [] ~ ~ []
would the project expose people residing or working in
the project area to excessive noise levels?
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact IncorporationImpact Impact
XII. POPULATION AND HOUSING - Would the project:
ID ID ID []
~) Induce substantial population growth in an area,
either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, [] [] [] ID
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating ~ ~ E] []
the construction of replacement housing elsewhere?
Xlll. PUBLIC SERVICES
a) Would the project result in substantial adverse [--~ ~ ['-] ~;~
physical impact{ associated with the provision of new or
physically altered governmental facilities, need for new
or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection? r-I ~ ~ []
Police protection? ~1 D D ~;~
Schools? [] ~ D []
Parks? D D D []
Other public facilities? D r'~ ~ []
XlV. RECREATION -
a) Would the project increase the use of existing E] ~ ~ ~;~
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities or [] [] [] []
require the construction or expansion of recreational
facilities which might have an adverse physical effect on
the environment?
9
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact IncorporationImpact Impact
XV. TRANSPORTATION/TRAFFIC - Would the project:
a) Cause an increase in traffic which is substantial in r'~ ['"] O []
relation to the existing traffic load and capacity of the .
street system (i.e., result in a substantial increase in either
the number of vehicle trips, the volume to capacity ratio
on roads, or congestion at intersections)? .- '
b) Exceed, either individually or cumulatively, a level of I--~ O [--] ~;~
service standard established by the county congestion
management agency for designated roads or highways?
c) Result in a change in air traffic patterns, including 0-'1 [-]
either an increase in traffic levels or a change in location
that results in substantial safety risks?
d) Substantially increase hazards due to a design feature []
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access? [--I
f) Result in inadequate parking capacity? [~] r-~
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment requirements of the D r-~ O []
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or ~--] ~'] O ~
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
c) Require or result in the construction of new storm ~ ['-] ~--] ~
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the [~] [--~ r-~ C~
project from existing entitlements and resources, or are
new or expanded entitlements needed?
10
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact IncorporationImpact Impact
e) Result in a determination by the wastewater treatment D E] r"] []
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill .with sufficient permitted I-'] ['-] r-] []
capacity to accommodate the project's solid waste
disposal needs? --
g) Comply with federal, state, and local statutes and D D r"] ~
regulations related to solid waste?
XVII. MANDATORY FINDINGS OF SIGNIFICANCE-
a) Does the project have the potential to degrade the D E] E] ~
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of the major
periods of California history or prehistory?
b) Does the project have impacts that are individually [--~ D E] ~
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects)?
c) Does the project have environmental effects which D D D []
will cause substantial adverse effects on human beings,
either directly or indirectly?
Revised March 23, 2000
$:~Dole~P01-1025-'~N3pendix G Check List.wpd
11
APPENDIX G
Environmental Checklist Form
Response Sheet
Initial Study
General Plan Amendment P01-1025
I AESTHETICS "'
a. The project site is located within an area having natural slopes from 0-5%.
The area is substantially developed and is not regarded or designated
within the Metropolitan Bakersfield 2010 Plan as visually important or
"scenic". There is no scenic vista that would be impacted by the
redesignation of Brundage Lane from artedal to collector. No impact.
b. The project does not include the removal of trees, the destruction of rock
outcroppings or degradation of any historic building. The project is not
adjacent to a state highway which is designated as "scenic". No
significant impacts are noted. No impact.
c. There are no visual impacts associated with this project, the project does
not involve any construction. This project will change the Circulation
Element designation from arterial to collector. No impact.
d. This project does not involve incremental growth of urban development
typical of the area. Nor will this project generate light at night or daytime.
No impact.
II AGRICULTURE 'RESOURCES
a. The project does not convert 100 acres or more of any of the farmlands
designated Pdme, Unique, or of Statewide significance to nonagricultural
uses. The subject site, Brundage Lane, is a paved roadway and will not
impact agricultural production. No impact.
b. The property is not zoned for agricultural uses nor is it under Williamson
Act Contract. The subject site, Brundage Lane, is a paved roadway and
will not impact agricultural production. No impact.
c. There are no special attributes of this project site, related to location or
nature that will cause or could result in the conversion of farmland to non-
agricultural use. This project is in an area designated for urban
· development by the Metropolitan Bakersfield 2010 General Plan. The
subject site, Brundage Lane, is a paved roadway and will not impact
agricultural production. No impact.
Appendix G
Project Title
Page 2
III AIR QUALITY
a. The San Joaquin Valley Unified Air Pollution Control District encourages
local jurisdictions to design all developments in ways that reduce air
pollution from vehicles which are the largest single category of air pollution
' in the San Joaquin Valley. The Guide to Assessing and Reducing Air
Quality Impacts promulgated by the San Joaquin Valley Unified Air
Pollution Control District, (page 16 and section 6)list various land uses
and design strategies that reduce air quality impacts of new development.
Local ordinance and general plan requirements related to landscaping,
sidewalks, street improvements, level of traffic service, energy efficient
heating and cooling building code requirements, location of commercial
development in proximity to residential development are consistent with
the listed strategies. This project is subject to the full range of local
ordinances which ensure compliance with these air quality strategies. No
significant impacts are noted. No impact.
b..The project does not violate the air quality standards set forth on page 24
table 4-1 Ozone Precursor Emissions thresholds for Project Operations
..~ ROG 10 tons/year, Nox 10 tons (Guide to Assessing Mitigation and Air
.. Quality Impacts). Nor is the project within the distance triggers noted in
table 4-2, "Project screening tdgger levels for potential odor sources
(Guide to Assessing Mitigation and Air Quality Impacts). In addition, dust
suppression measures listed as Regulation VIII are required for all
construction in the City of Bakersfield and are regarded by the San
Joaquin Valley Unified Air Pollution Control District as sufficient mitigation
to reduce PM-10 impacts to less than a significant level. No impact.
c. The project will not increase any cdteda pollutant (for which the Southem
San Joaquin Valley is in nonattainment) beyond the level of significance
as defined by the San Joaquin Valley Unified Air Pollution Control District.
Pollution from this project was taken into consideration in previous
environmental analysis which took into account that this area would be
urban. This analysis was completed for the Metropolitan Bakersfield 2010
General Plan Final Environmental Impact Report which identified the
amount of urbanization and resultant air pollution which would be
generated within the general plan area. Mitigation from the Final
Environmental Impact Report was incorporated into vadous policies',
implementation measures and ordinances. In addition, no adverse
comments were received from the San Joaquin Valley Unified Air
Pollution Control District on this project. No impact.
d. There is no evidence that this project creates any pollutant "hot spot" that
would expose sensitive receptors to substantial pollution receptors. The
only potential "hot spots" are located at intersections which are "severely"
Appendix G
Project Title
Page 3
congested. There are no adjacent intersections which are at a level of
service "F" and therefore by definition no significant pollutant "hot spot"
impacts are identified for this project. No impact.
e. The land use permitted as a result of this project does not have the
potential to create objectionable odors. This proposal is not on the list of
those land uses generally regarded as the type to have site odor problems
(for the list of projects please see table 4-2, San Joaquin Valley Unified Air
Pollution Control District Guide for Assessing and Mitigating Air Quality
Impacts). No impact.
IV BIOLOGICAL RESOURCES
a. The project is subject to the terms of the Metropolitan Bakersfield Habitat
Conservation Plan and associated Section 10 (a) (1) (b) and Section 2081
permits issued to the City of Bakersfield by the United state Fish and
Wildlife Services and California State Department of Fish and Game,
respectively. Terms of the permit require applicants for all development
projects within the plan area to pay habitat mitigation fees, excavate
known kit fox dens, and notify agencies prior to grading. Compliance with
the plan mitigates biological impacts to a level which is less than
significant. In addition, pursuant to Section 15064 (h) of the CEQA
Guidelines, a change in the environment is not a significant effect if the
change complies with a standard that meets the definition of Section
15064 (h)(3). The Metropolitan Bakersfield Habitat Conservation Plan as
adopted, is an enforceable standard that meets the definition of Section
15064(h)(3). No impact.
b. This project is not located within or adjacent to the Kern River. riparian
habitat area but does fall within the Metropolitan Bakersfield Habitat
Conservation Plan area. This plan, in agreement with the Califomia
Department of Fish and Game and the United States Wildlife Service
mandates certain requirements that by ordinance all development projects
must comply. Compliance with the plan mitigates biological impacts to a
less than significant level. No impact.
c. The project crosses no stream, either perennial or intermittent based on
the United States Geological Survey topographic sheet for the area. No
impact.
d. The project is not within the Kern River flood plain (noted as a wildlife
corridor in the Metropolitan Bakersfield Habitat Conservation Plan), or
along a canal which has been identified by United States Fish and Wildlife
Services as a corridor for native resident wildlife species. There is no
Appendix G
Project Title
Page 4
evidence in the record that the project area is a nursery site for native
wildlife species. No impact.
e. The Metropolitan Bakersfield Habitat Conservation Plan has been
adopted as policy and is implemented by ordinance. The plan addresses.
biological impacts within the Metropolitan Bakersfield General Plan Area.
The development entitled by this proposal will be required to comply with
this plan and therefore will not be in conflict with either local biological
policy or ordinance. No impact.
f. There are no other adopted plans which are applicable to this area which
relate to biological resources, See answer to IV e above. No impact.
V CULTURAL RESOURCES ...
a. Brundage Lane is a paved roadway having two to four. lanes. This
roadway is not listed in or determined to be eligible bythe State Historical
Resources Commission for listing in the California Register of Historical
Resources (Public Resources Code SS5024.1, Title 14 CCR Section
4850 et. Seq.). Brundage Lane is not listed in a local register of historical
resources as defined in Section 5020.1 (k) of the Public Resource Code is
not found to be a significant historical resource meeting the requirements
of Section 5024.1 (g) of the Public Resources Code. No impact.
b. The Initial Study will be transmitted to the Califomia Archaeological
Inventory at Califomia State University Bakersfield for review. Any
comment and/or mitigation measure received from the "university"
regarding this project will be placed in the staff report. No impact.
c. This project is not located in the Shark Tooth Mountain bone bed which is
the only unique paleontological resource identified in the Metropolitan
Bakersfield area. In addition, topography of the site is relatively fiat and
there is no evidence that construction of the project will destroy any
unique geologic structure. No impact.
d. In the event that the California State Inventory at California State
University Bakersfield determines there is evidence that human remains
are located under Brundage Lane pavement and its right-of-way such
evidence shall be incorporated into the staff report and attached to the
Initial Study as mitigation. In the future, if any construction work is being
effected to Brundage Lane and human remains are discovered, all work
shall stop until the Kern County Coroner has been notified and has
evaluated the remains. If any other archaeological artifacts are
discovered dudng such work, all work shall stop until the find has been
~ evaluated by a qualified archaeologist or historian. No impact.
Appendix G
Project Title
Page 5
VI GEOLOGY AND SOILS
a.i. Bakersfield, located in the San Joaquin Valley, has been a seismically
active area. According to the Metropolitan Bakersfield General Plan,
major active fault systems border the southern portion of the San Joaquin
Valley. Among these fault systems are the San Andreas, the
Breckenridge-Kem County, the Gadock, the Pond Poso and the White
Wolf. There are numerous additional faults suspected to oCcur within the
Bakersfield area which may or may not be active. The active faults have
a maximum credible Richter magnitude that ranges from 6.0
(BreckenridgeoKern Canyon) to 8.3 (San Andreas). Potential seismic
hazards in the planning area involve strong ground shaking, fault rupture,.
liquefaction, and earthquake induced landslides. No impact.
It is unlikely that future structures will be constructed within the Brundage
Lane right,of-way. However, the two lane segments of Brundage Lane
may be constructed to four lanes in the future. Such construction will be
to current engineer and seismic standards. This will ensure that all
seismically related hazards remain less than significant. In addition,
because of the relatively fiat topography of the project site, landslides are
not considered to be a potentially significant geologic hazard. No impact.
a.ii. See answer to VI.ai.
a.iii.Liquefaction potential is a combination of soil type, ground water depth
and seismic activity. This project site does not demonstrate the three
attributes necessary to have a potentially significant impact. See also the
answer to a VII i. No impact.
a.iv. See answer to Vl.a i.
b. Brundage Lane between Wible Road/Oak Street and Edison Road/Brundage
Lane intersection is approximately seven and three-fourths miles in length,
containing numerous soil types. The soil types are to numerous to be
listed here. Soils are covered by pavement two and four lanes wide. The
soil types located under the Brundage Lane pavement and along its right-
of-way are listed in the Kem County California Soil Survey for the
Northwestern region. This survey is located in the City of Bakersfield
Planning Department and may be reviewed during regular office hours.
No impact.
c. See answers to VI a i and VI a ii. in addition, the Seismic Hazard Atlas
map of Kem County prepared by the United States Department of the
Interior Geological Survey does not indicate that the project area is
subject to subsidence, liquefaction or other unique geological hazard. No
Appendix G
Project Title
Page 6
impact.
d. See answer t° VI b.
e. See answer to VI b.
VII HAZARDS AND HAZARDOUS MATERIALS
a. There is no evidence in the record which indicates this project (or this type
of land use in general) involves the transport or use of hazardous
materials in any quantity which has been identified by responsible
agencies as having the potential to be a significant environmental impact.
No impact.
b. See answer to VII a.
c. There is no evidence that' this project or this category of projects has been
identified by responsible agencies as having the potential to emit
hazardous emissions at a level which is potentially significant. No impact.
d. This project is not located on any site catalogued on the most recent
hazardous materials list compiled pursuant to Government Code Section
65962.5. No impact.
e. Brundage Lane is located within Zone C of the Bakersfield Municipal
Airport, as shown in the Airport Land Use Compatibility Plan. Zone C is
defined as the area where aircraft are commonly below 1,000 above
ground level. Inappropriate uses in Zone C include but are not limited to
schools, hospitals and nursing homes. Normally accepted uses in Zone C
include but are not limited to parks, playgrounds, most retail uses,
duplexes, medium density apartments and two story apartments. Zone C
extends approximately 9,000 feet north of the Bakersfield Municipal
Airport runway. Brundage Lane is located approximately 7,000 feet north
of such runway. No Impact.
f. The project is not located within 5,000 feet of the runway of any private
airstrip and it is therefore presumed not to have any land use impacts at
this distance. Comprehensive Airport Land Use Plan (1993) uses this
5,000 foot distance as the maximum for land use considerations. No
Impact.
g. The proposed project, typical of urban development in Bakersfield, is not
inconsistent with the adopted City of Bakersfield Hazardous Materials
Area Plan (Jan. 1997). This plan identifies responsibilities and provides
coordination of emergency response at the local level in response to a
Appendix G
Project Title
Page 7
hazardous materials incident. The proposed project could introduce
substances typical of a mixed - use planned community. However,
hazardous waste facilities guidelines have been adopted for Kern County
to provide for adequate designation of hazardous waste disposal facilities
to serve the residents and the industries of Kern County and its various
incorporated cities thus, reducing the impacts to a less than significant
level. No Impact.
h. This project is not located adjacent to a wild land area or it is within the
area covered by the Hillside Development Ordinance (HD) which has
standards required by the Kern County Fire Depadment which address
the issue of wildland fires and urban development. No Impact.
VIII HYDROLOGY AND WATER QUALITY
a. The proposed project will be implemented in accordance'with all
applicable water quality standards and waste discharge requirements,
which will ensure that the quality and quantity of surface water flowing
from the site would not be substantially affected. No Impact.
b. The proposed development would not result in a need for significant
additional systems or substantially alter the existing water utilities in the
area. No Impact.
c. There are no streams or rivers on the project site, existing drainage
pattems will not be altered to an significant degree. All development
within the City of Bakersfield is required by ordinance to comply with an
approved drainage plan (for every project) which avoids on and off site
flooding, erosion and siltation problems. Within the segments of
Brundage Lane and adjacent land located within the city, all development
must comply with Item VIII a. through f. No Impact.
d. See answer to VIII c.
e. See answer to VIII c.
f. See answer VIII a.
g. The project does not propose housing within a 100-year flood plain as
identified by a Flood Insurance Rate Map or any other flood hazard map.
No Impact.
h. The project does not propose any structures within a 100-year flood
hazard area. No Impact.
Appendix G
Project Title
Page 8
i. The proposed project is not within the Lake Isabella dam failure
inundation area or the 100 year flood plain for the Kern River as depicted
on figure VIII-2 of the Metropolitan Bakersfield 2010 General Plan (Safety
Element). Or the project is within the inundation area but the chances of
loss injury and/or death are so remote (worst case scenario, one event in
more than 10,000 years, Bakersfield Head Hospital FEIR) that the risk
involved is regarded as insignificant (reference also the Kem County
Flood Evacuation Plan for County and Greater Bakersfield Area below
Lake Isabella Dam). No Impact.
j. The project site is not located near any significantly sized body of water
and is, therefore, not susceptible to a seiche or tsunami. The site is not
located at the foot of any significant topographical feature with the
potential to be subject to a mudflow. No Impact.
IX LAND USE AND PLANNING
a. Brundage Lane is an existing roadway approximately seven and three-
fourths miles in length and two to four lanes wide. Considering that the
two lane segments may someday be four lanes, it may be considered a
continuation of the existing development. The project would not divide
and existing community. No impact.
The following is a general land use pattem of the north and south sides of
segments of Brundage Lane. Brundage Lane has been. divided into segments
with each segment having a predominant land use along the nodh and south
sides of the roadway. These segments are as follows:
I. Oak Street/Wible Road to Chester Avenue (approximately one
mile) - predominantly commercial with some offices and single-
family residences;
II. Chester Avenue to Union Avenue (approximately one mile)
- Almost exclusively commercial with very few residences:
III. Union Avenue to Cottonwood Road/Lakeview Avenue (one mile) -
predominantly commercial with single-family dwellings, industrial,
churches and undeveloped land;
IV. Cottonwood R0ad/Lakeview Road to Oswell Street (two miles) -
primarily industrial and undeveloped land with commerdal,
church and a post office;
V. Oswell Street to Fairfax Road (one mile) - commercial,
residential and churches;
Appendix G
Project Title
Page 9
VI. Fairfax Road to State Route-184 (one mile) - primarily industrial
with commercial, residences, a church and undeveloped land;
and
VII. State Route-184 to Edison Highway (approximately ~A mile) -
primarily undeveloped land with commercial, a recreational vehicle
park and a orange grove.
b. The project is required to be consistent with the Metropolitan Bakersfield
2010 General Plan and the City of Bakersfield Zoning Ordinance. There
are no identified conflicts with policies or ordinances which were
established to avoid or mitigate environmental effects. No Impact.
c. See answer to Va.
X MINERAL RESOURCES
a. The project is not located within a state designated oil field or within an
area of other important mineral resources, see figure V-3 Conservation
Element, Metropolitan Bakersfield 2010 General Plan. No Impact.
b. See answer to X a.
XI NOISE
a. Brundage Lane is presently constructed to a four and two lane roadway.
The Circulation Element amendment from arterial to collector will not be a
noise generator. No Impact.
b. See answer to XI a.
c. See answer to XI a.
d. See answer to Xl a.
e. See answer to Xl a.
f. See answer to Xl a.
Xll POPULATION AND HOUSING
a. Brundage Lane is presently constructed to a four and two lane roadway
and will not induce population growth in this area. No Impact.
Appendix G
Project Title
Page 10
b. The project does not propose the displacement of any existing housing.
No Impact.
c. The project will not result in the displacement of any persons. No Impact.
XIII PUBLIC SERVICES
a. Fire Protection?
Fire protection services for the Metropolitan Bakersfield area are provided
through a joint fire protection agreement between the City and County.
Brundage Lane is presently constructed to a four and two lane roadway.
This projectwill not induce population growth nor add new buildings in this
area. No Impact.
Police Protection?
Police protection will be provided by the Bakersfield Police Department
· upon project build out. Brundage Lane is presently constructed to a four
and two lane roadway and will not induce population growth in this area
requiring additional police services. No Impact.
Schools?
The project should not impact school facilities. No Impact.
Parks?
The project proposes no increase in population for the area and would not
result in a impact upon the quality or quantity of existing recreational
opportunities or create a substantial need for new parks of recreational
facilities. No Impact.
Other Public Facilities?
Other public facility improvements from the proposed development and
eventual buildup of this area will result in an increase in maintenance
responsibility for the City of Bakersfield. These increases in services are
not deemed significant. No Impact.
Appendix G
Project Title
Page 11
XIV RECREATION
a. See answer to "Parks".
b. See answer to "Parks "'
XV TRANSPORTATION AND TRAFFIC
a. Brundage Lane is presently constructed as a four and two lane roadway.
Regardless of whether the roadway is designated an arterial or a collector,
traffic may increase. A change in designation of an existing four and two
lane roadway should not be the catalyst generating traffic. No Impact.
b. The project must comply with the Metropolitan Bakersfield General Plan
which has a level of service standard C which is higher than the
Congestion Management Plan level of service standard D. No Impact.
c. The project does not propose air traffic or impact air traffic patterns. No
Impact.
d. Brundage Lane is presently constructed as a four and two lane .roadway.
No roadway improvements are proposed. No Impact.
e. Brundage Lane is presently constructed as a four and two lane roadway.
All projects are by ordinance subject to the access requirements of the
City of Bakersfield Fire Department which includes an evaluation of
adequate emergency access. No Impact.
f. Brundage Lane is presently constructed as a four and two lane roadway.
Where allowed, on .street parking may be provided. No significant parking
impacts specific to this project have been identified. No Impact.
g. The project is not anticipated to be inconsistent in any way with policies or
programs supporting alternative transportation. No Impact.
XVI UTILITIES AND SERVICE SYSTEMS
a. This project will not impact sanitary sewer. No Impact.
b. The proposed development would not result in the need for significant
additional systems or substantially alter the existing water or wastewater
facilities. No Impact.
c. Almost all new development requires the construction of new storm water
facilities, the construction of which is typically an extension of the existing
Appendix G
Project Title
Page 12
system. Where new development occurs along either the north or south
sides of Brundage Lane within the City of Bakersfield and storm water
facilities are required, such facilities will be installed by the developer.
This incremental improvement is not considered to be a significant impact.
No Impact.
d. The proposed development would not result in a need for significant
additional systems or substantially alter the existing water utilities in the
area. Where new development occurs along either the north or south
sides of Brundage Lane within the City of Bakersfield and water utilities
are required, such facilities will be installed by the developer. This
incremental improvement is not considered to be a significant impact. No
Impact.
e. This p_roject will not affect the waste water treatment provider. No Impact.
f. The Bena Landfill serves the Metropolitan Bakersfield area. The landfill
will not need significant new or substantially, altered facilities to
accommodate this project. No Impact.
g. The project will not breach published national, state or local standards
relating to waste reduction, litter control or solid waste disposal. No
Impact.
XVII MANDATORY FINDINGS OF SIGNIFICANCE
a. The project is subject to the terms of the Metropolitan Bakersfield Habitat
Conservation Plan and associated Section 10 (a) (1) (b) and Section 2081
permits issued to the City of Bakersfield by the United States Fish and
Wildlife Service and California State Department of Fish and Game,
respectively. Terms of the permit require applicants for all development
projects within the plan area to pay habitat mitigation fees, excavate
known kit fox dens, and notify agencies prior to grading. Compliance with
the plan mitigates biological impacts to a level which is less than
significant. In addition, pursuant to Section 15064 (h) of the CEQA
Guidelines, a change in the environment is not a significant effect if the
change complies with a standard that meets the definition of Section
15064 (h)(3). The Metropolitan Bakersfield Habitat Conservation Plan as
adopted, is an enforceable standard that meets the definition of Section
15064(h)(3). Therefore, the proposal would not have a significant effect
on the environment. No Impact.
Appendix G
Project Title
Page 13
b. As described in the responses above, the proposal has no impacts that
would be defined as individually limited or cumulatively considerable.
The project area is currently designated for urban type development. No
Impact.
c. As described in the responses above, the proposal would not adversely
impact human beings, either directly or indirectly. No Impact.
RED
February 5, 2002 (10:48am)
S:\Dole\P01-1025~,ppendix G Response.wpd
ATTACHIVlE. N ~
GENERAL PLAN AMENDMENT P01-1025
CIRCULATION ELEMENT
;
25 30:
rE HIGHWAY 58
" BRUNDAGE LANE
CHANGE FROM ARTERIAL
, TO COLLECTOR
,.
iRCULATION LEGEND
FLfi'URE FREEWAY
PFREEWAY
EXPRES~NAY
COLLECTOR
N
0 2O0O 4000 Fed
22 1(32o6
Minutes, PC, Thursday, April 4, 2002 - Page 5
Council Chamber~ City Hall
Motion carried by the following roll call vo~'.
. _\..
AYES: Commissioners Brady, Gay,~,,cGinnis, Sprague, Tkac, Tragish, Boyle
X
NOES: None ~
ABSENT: None ~
7.2 General Plan Amendment No. 01-1025, (City of Bakersfield) (Wards 1 & 2)
Ms. Shaw stated that she has received over 20 phone calls in overwhelming support of
the collector status. A letter from Kern County has been received requesting a meeting to
discuss their cOncerns but it could not be arranged until next week. Ms. Shaw
recommended continuing this item until the next meeting.
Public portion of the hearing was opened.
Mary Leal and Henry Ramirez, residents in the area, agree with the road becoming a
collector. They feel there are enough lanes already to meet traffic needs.
Public portion of the hearing was closed.
Commissioner Sprague stated that he is always against downgrading from arterial to
collector because perhaps in 10, 15 or 20 years from now, we could find out we should
have left it as an arterial. Commissioner Sprague agreed with the project being
continued.
Commissioner Brady said that in light of the county's letter raising significant CEQA
issues, he thinks not only does staff need to meet with them but they need to address the
issues in a form to address the CEQA challenge that they have made.
Commissioner Sprague made a motion, seconded by Commissioner Tkac, to continue
Item 7.2 to the next Planning Commission meeting. Motion carried by group vote.
7.3a&b See Consent Agenda Iter~.2d&e
7.4a&b General Plan AmendmentJZone'C,,hanqe No. 01-0916 (City of Bakersfield) (Ward 4)
Staff report given recommending appr~.
Commissioner Boyle asked Mr. Grady if he'oq.uld give an.example of some of the uses
that are possible under C-O zoning? Mr. GradUald an example of some of the uses that
would be allowed in a C-O zone are: accounting, 'a~vertising agencies, banks, business
management consulting services, professional mem'l~rship organizations, graphic
design, commercial photography, day care nurseries, d~ective and security services,
engineering, surveying and environmental pi nna lng service, governmental services,
medical, dental, etc. Commissioner Boyle asked if you can h~ve a mini-mart, gas station
or restaurant ~n the zone w~thout changing it or getting a CUP? dy sa~d no.
Minutes~ PC~ Thursday~ April 18~ 2002 Page 5
commissioner Brady asked if ;y needed to add a statement that the shared driveway
approaches shall be placed approval of the Traffic Engineer? Mr. Walker said the intent
is to give them as much possible but also to comply with Public Works' desire in
planning the streets and traffic :hey have as few driveways as needed. Mr. Walker feels that
it does not need to be put in ut from the hearing they can be assured that that location
has an option as it exceeds the ~um standards for separation.
Commissioner Brady asked if it 't read "parcels fronting on both Patton Way and Meany
Avenue shall have shared drive les? Ms. Shaw said that neither she nor the Traffic
Engineer have any objection to the lan( ge being added to the condition.
Motion was made by Commissioner Gay, by Commissioner McGinnis, to approve and
adopt Vesting Tentative Parcel Map No. the findings and conditions set forth in
attached resolution Exhibit "A" in addition to ~e modifications made to items 3 and 5 in the staff ·
memo dated April 16. 2002. Also, make lat there were modifications in conditions 26 and
28 that all masonry block walls shall be 6 feet height and that condition number 28 refers to lots
1,2 & 3 in the industrial track. And that the driveways meet the approval of the Traffic
Engineer.
Motion carried by the following roll call vote:
AYES: Commissioners Brady, Gay, Tkac, Tragish, Boyle
NOES: None
ABSENT: Commissioner Sprague
7. PUBLIC HEARING - General Plan Amendment No. 01-1025 (City of Bakersfield) (Continued
from April 4, 2002) (Wards 1 & 2)
Ms. Shaw said that she has been unable to schedule a meeting with the county to discuss their
comments until the following day and that they are requesting this item be continued until May 16,
2002.
Ms. Shaw also told the Commission she has provided the Commissioners with her Level of
Service "cheat sheet" per their request during the pre-meeting on Monday.
Public portion of the hearing was opened. No one spoke either for or against the item.
On a motion by Commissioner Sprague, seconded by Commissioner Tkac, this item was
continued until May 16, 2002. Motion carried.
Public hearing was reopened.
8. DISCUSSION AND POSSIBLE ACTION Ii~EGARDING EXPANDED PUBLIC NOTICE
Mr. Grady said that the Commission was p.r~vided with a memorandum from him that provides the
Commission with an overview of pubic notic~requirements for land use approvals and
regulations. It is intended to provide the Commission with a little background of what some of the
requirements are that the department adheres~,o when they are providing public hearing notices.
Mr. Grady suggested that the Commission go o~(er this information and then hold this matter over
until the new Commissioners are seated and the~form a committee so that some time could be
Minutes~ PCp Thursday~ May 16~ 2002 - Council Chamber~ City Hall Pa!Te 11
Sprague asked if there is enough width to have four lanes without the
median ithout taking away the required parking for the market? Ms. Shaw said she
doesn't how much more width will be needed but one lane takes 20 feet.
C er Sprague said he believes by giving up the median it will work and he
believes it absolute.
£ stated that he thinks they should approve the project tonight with Mr.
Walker's nd add a condition to remove the median and provide two lanes egress
and two ingress the Home Depot property west to Mt. Vernon.
Commissioner S ue asked if the traffic study that was done originally covers the
development of ect and is it appropriate for the streets? Mr. Walker said that the
traffic study that was~ne for this area included the parcels that are in consideration
tonight. Als0, it about 60,000 sq.ft, more retail area than what is being developed.
There were ' ;sion comments.
Motion was made by sioner Gay, seconded by Commissioner Tkac, to approve
and adopt Zone Change )263 with the findings and conditions set forth in attached
resolution Exhibit "A" incor :lng the following changes:
1. Two full lanes the east on Mall View Road.
2. Two full lanes outbound he west on Mall View Road.
3. A buffer wall on the south of the truck well shall be incorporated to provide a
sound buffer high enough to apartments to the south; and
4. Incorporate the May 16 the Traffic Engineer, Steve Walker.
Recommend same to the City Council.
Public portion of the hearing was closed.
Motion carried by the following roll call vote:
AYES: 'Commissioners Blockley, ;ay, McGinnis, Tkac, Sprague
NOES: Commissioner Tragish
ABSENT: None
Commissioner Tragish said that he voted no because has been shown
that Mall View Road needs to be four lanes in each ~. He thinks the testimony of
Mr. Chipman and Mr. Walker indicates the roadway as configured is adequate to
handle the anticipated traffic from that particular site. He Id like to see four lanes but
feels that it might create more problems by cutting into in the process.
8. GENERAL PLAN AMENDMENT NO. 01-1025 (City of Bakersfield) (Wards 1 & 2)
Staff report recommending approval by city staff was given. County staff will not recommend that
their portion change to collector. No one spoke either for against the project.
Public portion of the hearing was closed.
Minutes~ PCp Thursday, May 16~ 2002 - Council Chamber~ City Hall Pacje 12
Commissioner Tragish said he would like to keep it as an arterial. Commissioner Sprague said
that he thinks it would be unfair to downgrade this street to a collector. He would like to vote to
deny this project.
Commissioner Blockley asked what kind of restrictions would be placed on the number of access
points that a developer could have? Ms. Shaw said typically during development stages, they will
require waiver of access along both collectors and arterials to limit the access.
Commissioner McGinnis said that he agrees with Commissioners Sprague and Tragish.
Commissioner Blockley asked if there are podions developed to arterial standards now? Ms.
Shaw said yes there are several short portions. Ms. Shaw also said that either way, we will have
sawtooth development. Ms. Shaw also said that an arterial has a 90 foot curb-to-curb width and a
collector has a 68 foot curb-to-curb width.
Commissioner Sprague asked if the city can waive the requirements for an arterial? Ms. Shaw
said that the only time they can't require that it be brought up to city standards if it doesn't hit
cedain thresholds. The thresholds being whether or not the improvement to the property is in
excess of 25 percent of the valuation, etc.
Commissioner Sprague said that he would like to look at this a little harder and would entertain a
motion to continue this item.
Commissioner Tragish asked if they could make a motion whereby they say "Brundage Lane to a
certain point will be graded to a collector and after that point to the city limits it would be an
arterial?" Ms. Shaw said the Commission has the discretion to do that.
Commissioner Blockley said he thinks an arterial designation does not make it a better street. He
thinks it should be a collector.
Commissioner McGinnis said that they should refer this to committee and give it more study
before they take action. He would make a motion to continue this item.
Commissioner Sprague said he would like to have a report from Public Works presented to them
at the next meeting. He doesn't feel it needs to be sent to a committee.
There were no other Commission comments. Public portion of the hearing was reopened.
Motion was made by Commissioner McGinnis, seconded by Commissioner Gay, to continue this
item until June 6, 2002.
Motion carried by the following roll call vote:
AYES: Commissioners Blockley, EIlison, Gay, McGinnis, Tkac, Tragish, Sprague
NOES: None
ABSENT: None
9. APPEAL OF DECISION OF THEX~EVELOPMENT SERVICES DIRECTOR DENYING SITE
PLAN REVIEW APPROVAL FOR SI~VER RHINO. (Ward 5)
\
This item was withdrawn by the applicar~.
PC Minutes, June 6, 2002 Page 16
Approved on the Consent Agend~
7. GENERAL PLAN AMENDMENT NO. 01-1025 (City of Bakersfield) (Wards 1 & 2)
Staff report given. Public portion of the hearing was opened. No one spoke either for or against
the project.
Commissioner Sprague made the following suggestion: If between Oak and Vineland there is
potential for mitigation of staff's recommendation to downgrade to a collector from Oak Street to
Union Avenue as collector status, and then have an arterial status from Union to Vineland? As
development occurs from Union east to Vineland, the applicant would bring forward a plan for
development which would include curbing and a free flow line to be determined by the traffic
engineer and the planning director at the site plan approval process and then it would not have to
come back before the planning Commission.
Commissioner Gay stated his preference to downgrade Brundage Lane from Oak Street to Union
and moving it east to Lakeview and have an arterial from Lakeview out to Vineland.
Commissioner Blockley stated his concern for keeping the arterial status is to encourage
development along Brundage Lane, and if there is restricted access which is the requirement for
arterials, it makes more sense to him to follow the original recommendation of staff to decrease
the designation of the street but keep the width as developed as an arterial. Because this is not
acceptable to the County he inquired if there is some mechanism for changing the amount of
access that can be designated for that particular arterial? Staff responded that where it is an
existing situation there is a different rule. With new development there is much more. restrictive
access control, especially on arterial streets. With the Brundage situation it would make good
engineering sense if a totally new development came in along an existing area as to how much
access they would have and how many driveways they would have, but it would not just be a set
rule of no access to the arterial street.
Commissioner Blockley asked that if a developer wanted to change use what would the CitY's
position be on access to which staff responded that it is not a hard rule. Commercial development
has access to arterial streets with commercial development. There are policies and standards in
effect that limit the amount or spacing of driveways and access to make good engineering sense
for accessibility and turns. Commissioner Blockley indicated that he spoke with Irma Carson, and
she indicated that she would support Staff's recommendation.
The public portion of the hearing is closed.
Commissioner Tragish stated that he wants to encourage development along the east side of
Brundage, but does not want to penalize those who have already spent the money to widen the
street. Would like Brundage from Oak to Union to be downgraded to a collector, and from
Lakeview to Vineland to be an arterial. He asked staff that if the Commissioner were to maintain
Brundage as an arterial from Lakeview to Vineland if that would have the least amount of impact
on property owners? Staff responded that between Lakeview and Mt. Vernon that Calcot owns
the most property and that they have already improved that to arterial or collector standard except
for an area in front of their office, but it would impact them if they tried to do any future
development on their site. Staff indicated that Calcot has a substantial legal parcel that would be
under site plan review and anything they do would trigger arterial improvements along Brundage
and Calcot is what precipitated staff looking at this.
PC Minutes, June 6, 2002 Page 17
Commissioner Tragish asked if from Mt. Vernon to Vineland would have the least amount of .
impact to property owners to which staff responded in the affirmative and that staff has received
25 to 30 phone calls from County residents between Oswell and Fairfax who would prefer a
collector, but the City does not have jurisdiction over that.
Commissioner Sprague commented that improvement costs should be spread evenly among the
owner developers.
Commissioner Blockley asked if the width would remain the same whether it is an arterial or
downgraded to a collector? Staff responded that the ultimate width of an arterial is 110 feet and
the curb line to curb line width is 90 feet, and for a collector the right-of-way width is 90 feet, and
the curb line to curb line distance is 68 feet. Staff is proposing to change the ultimate
requirement from the 90 feet of pavement for an arterial to the 68 feet of pavement for a collector.
In the area being discussed of changing from an arterial to a collector from Oak Street to Union,
there essentially would be no physical change, because the existing improvements are already at
the collector standard.. From Lakeview to the east, it's a 50/50 proposition. There are some
limited properties that are at less than arterial standards and close to collector standards. New
ones are done to arterial standards. There is a difference of about 10 feet of paving.
Commissioner Blockley expressed his concern of unfairly penalizing existingproperty owners.
Staff suggested that between Lakeview and Oswell that it be called a collector status, but as
developments come in, they would evaluate whether or not the flow line needed to be kept at the
same point as the adjacent developments. If the Commission wants to keep a level playing field
then Union or Lakeview would be a reasonable demarcation point as there are very few parcels in
this area that are currently out to arterial width.
Commissioner Tragish reiterated that the least amount of impact would be leaving Brundage as
an arterial between Union and Vineland.
Commissioner McGinnis moved to adopt the Resolution making findings approving the Negative
Declaration approving the request for a General Plan Amendment changing the circulation
element designation from Brundage Lane between Wible and Oak to the intersection or, Union
Avenue, and incorporating Marian Shaw's memoranda of May 31, 2002 and May 10, 2002,
Stanley Grady's memorandum of March 29, 2002, and changing Brundage Lane from an arterial
to a collector and recommend same to City Council. Motion seconded by Commissioner Tkac.
Motion carried by the following roll call vote:
AYES: Commissioners Blockley, Gay, McGinnis, Tkac, Tragish, Sprague
NOES: None
ABSENT: Commissioner Ellison
8. C O M M U NICA.~TIO..._~.N ~,,X'
None ~
9. COMMISSION COMMENTS ~.
ther~,s Public Notice committee meeting tomorrow at noon.
Commissioner McGinnis stated a
ADMINISTRATIVE .REPORT
MEETING DATE: July 31, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8. hh.
TO: Honorable MayOr and City Council APPROVED
FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD
DATE: July 18, 2002 CITY ATTORNEY
CITY MANAGER
SUB,~JECT: Sidewalk Inspection Program
RECOMMENDATION:
Staff recomrhends referral to the Urban Developm'ent Committee.
BACKGROUND:
In February 1995, Report No. 1-95 from the Urban Development Committee regarding a S~.dewalk
Repair Program was presented to the City Council, which dire¢-t~d that the policy outlined in the report be
implemented. Recent case law has created a situation which may necessitate a modification to this policy.
Staff recommends this matter be referred to the Urban Development Committee to review the current
policy in conjunction with this new case law to determine if any modifications to the policy are warranted.
BJT:las
JU31CA1 .CC
July 18, 2002, 10:1lam
.., ( CONFIDENTIAL --
,.~ PROTECTED BY ATTORNEY-
' CLIENT AND ATTORNEY
WORK-pRoDUCT
PRIVILEGES
MEMORANDUM
CITY ATTORNEY'S OFFICE
July 11, 2002
TO: ALAN TANDY, City Manager
FROM: BART J. THILTGEN, City Attorney ~
SUBJECT: SIDEWALK INSPECTION PROGRAM
As we discussed a few months ago, recent case law was causing our office to re-
evaluate its recommendation whether a formal sidewalk inspection program should be
implemented by the City. Prior opinions recommended against implementing such a
program from the viewpoint that the City would lose potential "notice" defenses to a trip
and fall case, and correspondingly establishment of a program could generate an
additional allegation of negligently performing the inspections. Attached is a legal
memorandum from Deputy City Attorney Andrew Thomson which reviews the current
state of case law decisions and evaluates the benefit of such an inspection program.
Summarizing this memorandum, recent case law in California, dealing with
private sector dangerous condition litigation, has held that liability will be found if the
owner of the premises did not inspect, or take other proper action to ascertain, the
condition of the premises and if, by inspecting or taking such action, the owner would
have discovered the dangerous condition. I have very little doubt this holding will be
extended to public entities in the near future. In addition, the recent Ninth Circuit
decision establishes that streets and sidewalks are a "program" under the ADA and
failure to maintain them, resulting in a lack of accessibility for the disabled, will be
deemed a violation of the ADA. It is important to recognize that the defenses in
dangerous condition cases which exist in California do not apply in a federal ADA case.
Further, in the event of an ADA plaintiff prevailing in litigation, an award of attorneys'
fees will be ordered, in addition to injunctive relief and any direct damages award.
The City has been very successful in defending, or settling for small amounts,
our trip and fall cases in the past three years. It should be noted that we get relatively
few claims for sidewalk trip and fall, but when we do, it normally goes to litigation. The
only two cases where substantial awards or settlements occurred was when the 'City
was fully indemnified by a third party (those awards/settlements were $25,000 and
$30,000). However, a recent review of verdicts and'settlements in the state indicates
that the average amount of award or settlement is now up to $45,000 to $55,000. Some
awards/settlements have gone into the Iow six figures, but those generally relate to
significant injuries, such as severe head trauma, major back or orthopedic medical
conditions. Most of those cases were private sector cases, but a few public entity cases
did have awards in this range.
.- ALAN TANDY, City Manager
July 11, 2002
Page 2
Strictly from an economic viewpoint, when our past three years of expenditures is
considered, the cost of a formal inspection/maintenance program (one full-time
inspector plus vehicle at $60,000/year plus additional repair work, estimated at
$25,000/year) is not justified, even if one includes the cost of those cases where we
were fully indemnified. It is estimated the City has expended no more than $20,000 in
litigation costs (including attorney time), $5,000 in expert costs (medical reviews) and
$10,000 in settlements. If you add the $55,000 in settlements (of the indemnified
cases) to this cost, our three years of costs would only be equivalent to one year's cost
of a formal program. Even if one were to presume that the California case law will
create greater exposure and ultimate monetary liability, it is questionable whether this
increased cost would, in the near future, rise to the amount which would justify the
expenditure associated with establishing a formal program at this time.
Despite my view that a formal inspection program is not economically justifiable
at this time, I must advise that it is anticipated our legal defense and liability costs will
increase in the next few years. Further, in the event the city becomes embroiled in an
ADA suit, and loses, we could be exposed to significant attorneys' fees and ultimately
be ordered to implement such a formal inspection program.
As a final aside, we have been concerned with primarily a sidewalk inspection
program. While claims and litigation associated with sidewalks is a relatively small
number, we do experience a relatively large number of claims associated with streets
(pothole damage to vehicles, paint transfers, dangerous condition, etc.). Most of these
claims are handled by Risk Management and do not rise to formal litigation. However,
when they do rise to formal litigation, we generally face a sizeable monetary exposure.
I would not advocate a formal street inspection program due to our enormous backlog of
street maintenance and repair and further due to our inability to address those problems
which might be identified by an inspection program. The program would then be used
against us in court, both in state court, as well as federal court. I must advise you,
however, as in the case with sidewalks, there is a potential for a plaintiff to bring an ADA
action which could result in an order to establish such a program. In my opinion, the
odds of this occurring are minimal as the plaintiff would have to show the street was not
accessible for the disabled and therefore was discriminatory. I believe this would be a
significant burden to overcome. Sidewalks, on the other hand, may be much more
tenuous for the City as disabled individuals, particularly those limited to a wheelchair,
need to have direct accessibility in order to proceed along thoroughfares in the same
manner as non-disabled citizens.
BJT:las ..
Attachment
cc: Raul Rojas, Public Works Director
S:"J=UBLIC WORKS\MEMOS\SIDEWALK iNSPECTION PROGRAM.DOC
ICONFIDENTIAL ' PROTECTEDI
IBY ATtORNEY/CLIENT AND
M E M O R A N I) IJ M ,A -FORNEY WORK PRODUCT
[I PRIVILEGES
CITY ATTORNEY'S OFFICE
FAX 852-2000 PHONE 32~3721
July 3, 2002
TO: BART J. THILTGEN, City Attorney
FROM: ANDREW C. THOMSON, Deputy City Attorney
SUBJECT: INSPECTIONS OF STREETS AND SIDEWALKS
ISSUE
Would the City benefit from a street/sidewalk inspection program?
ANSWER
Yes. Recent "dangerous condition" and '"ADA accessibility" cases indicate that in
the absence of a sufficient inspection program, the City will face almost :strict liability" for
the condition of its sidewalks resulting in a significant increase in expenditures associated
with litigation, settlements and judgments.
ANALYSIS
The City of Bakersfield has many thousands of miles of roads and sidewalks within
the City limits. Often holes and cracks appear in roads, and chips, cracks and raising
occur in sidewalks; all of which create dangerous conditions of public property which have
resulted in personal injury to users. As such occurrences increase, claims increase,
litigation costs increase and liability settlement and judgment payments additionally
increase. In addition, recent court decisions have required publiC entities to inspect
maintain and make safe all sidewalks for the benefit of persons with disabilities. In the
absence of compliance with the court decisions, additional litigation on the ADA sidewalk
issues should be anticipated.
GENERAL CIVIL LIABILITY
California Government Code section 835(a) - (b), which discusses dangerous
conditions of public property, indicates that liability o.nly attaches for two reasons: (a) a
dangerous condition was created by a "negligent or wrongful act or omission of the
employee of the public entity within the scope of his employment." (Government Code
section 835(a); or (b) that '~the public entity had actual or constructive notice of the
dangerous condition.., a sufficient time prior to the injury to have taken measures to
~CONFIDENTIAL 11
BART J. THILTGEN, City Attorney
July 3, 2002
Page 2
protect against the dangerous condition" but that the public entity failed to take such
measures (Government Code section 835(b)). A plaintiff needs only to prove a negligent
act or notice, but not both.
It is extremely rare that a public employee, in the course and scope of his
employment, creates a dangerous condition. A much more common situation is simply an
allegation in the complaint in which the plaintiff alleges that the public entity has actual or
constructive notice of the dangerous condition of public property and has failed to remedy
the dangerous condition within an appropriate time frame.
Actual Notice
As the term "actual notice" implies, a plaintiff may prove actual notice by showing
that an actual inspection of the property was made, that a defect was in fact reported to an
appropriate public officer or that measures were taken by the public entity regarding the
defect which showed that the public entity realized that the condition of the public property
was dangerous.
One of the drawbacks to the "actual notice" defense by a public entity (i.e., that the
public entity did not have "actual notice" of any dangerous condition of public property) is
the recent inclination of the courts to look to inspection programs, maintenance and/or
reasonably timed review by the entity of general areas of public property. The courts have
increasingly focused on the lack of an inspection program as a bar to a public entity
asserting that it did not have "actual notice" of a dangerous condition.
Constructive Notice
Constructive notice of a dangerous condition is a statutory alternative to actual
notice as a basis for public entity liability. As with actual notice, the plaintiff has the burden
of proof and must show that a dangerous condition had existed "for such a period of time
and was of such an obvious nature that the public entity, in the exercise of due care,
should have discovered the condition and its dangerous character." A determination as to
whether a defect had existed for an adequate length of time, and whether the defect was
sufficiently conspicuous that the public entity should be charged with notice of its existence
and dangerous character are ordinarily questions of fact to be resolved from all of the
relevant circumstances. Questions of fact are usually reserved for a jury's determination
thus increasing the chance of a large verdict and judgment.
Constructive notice may be proven by various types of evidence including reports of
similar accidents at the scene, complaints about the condition, governmental studies
prepared by the public entity and application of the "reasonable inspection" test. The
BART J. THILTGEN, City Attorney
July 3, 2002
Page 3
foregoing is set forth in Government Code section 835.2(b) which provides, in pertinent
part, as follows:
A public entity had constructive notice of a dangerous
condition within the meaning of subdivision (b) of section 835
only if the plaintiff establishes that the condition had existed for
such a period of time and was of such an obvious nature that
the public entity, in the exercise of due care, should have
discovered the condition and its dangerous character. On the
issue of due care, admissible evidence includes but is not
limited to evidence as to: (1) Whether the existence of the
condition and its dangerous character would have been
discovered by an inspection system that was reasonably.
adequate (considering the practicality and cost of inspection
weighed against the likelihood and magnitude of potential
danger to which failure to inspect would give rise) to inform the
public entity whether the property was safe for the use or uses
for which the public entity used or intended others to use the
public property and for uses that the public entity actually knew
others were making of the public property or adjacent property.
(2) Whether the public entity maintained and operated such
an inspection system with due care and did not discover the
condition.
In addition, recent cases have shown that constructive notice may be imputed to a
public entity if it can be shown that an obvious danger existed for an adequate period of
time prior to the accident that the public entity, by reasonable inspection,, should have
discovered and remedied the situation. (Carson v. Facilities Development Co. 1~984) 36
C.3d 830; Nishihama v. City and County of San Francisco (2001) 93 Cai.App.4 298.)
ADA Issues
Recently, in Bardon v. City of Sacramento (2002) DAR 6577, a United States Ninth
Circuit Court of Appeals case, the court held that public sidewalks (and apparently streets)
are considered "programs" under the Americans with Disabilities Act (ADA) and an entity
must make them usable for ail persons with disabilities. In such a case, the City would
substantially benefit by the initiation of an inspection program with respect to maintaining
public property, including streets and sidewalks, in a usable manner for disabled persons.
In Bardon v. City of Sacramento (2002) DAR 6577 the Ninth Circuit Court of Appeals
stated, in pertinent part, as follows:
BART J. THILTGEN, City Attorney
July 3, 2002
Page 4
Requiring a city to maintain its sidewalks so that they are
accessible to individuals with disabilities is consistent with the
tenor of § 35.150, which requires the provision of curb ramps,
"giving priority to walkways serving" government offices,
'~ransportation, places of public accommodation, and
employers," but then "followed by walkways serving other
areas." (28 C.F.R. § 35.150(d)(2).) Section 35.150's
requirement of curb ramps in all pedestrian walkways reveals a
general concern for the accessibility of public sidewalks, as
well as a recognition that sidewalks fall within the ADA's
coverage, and would be meaningless if the sidewalks between
the curb ramps were inaccessible.
The Ninth Circuit continued on to state that Title II's prohibition of discrimination and the
provision of public services plus the maintenance of public sidewalks is a normal function
of a municipal entity.
The Court's decision in Bardon v. City of Sacramento dictates that the City must
maintain all of its sidewalks in a manner that would allow disabled persons to use and
travel on those sidewalks without interference and, presumably, without the threat of
danger to themselves or their property. The Sacramento City suit was brought by a
number of disabled persons seeking access and maintenance of the sidewalks in that city.
Frequently, groups concerned with such issues, once successful in one location, will
pursue the same type remedy in other locations.
Cost - Benefit
In the last few years, the City has been subjected to a number of lawsuits
concerning trip/slip and falls regarding street and sidewalk conditions. One of the most
frequent defenses which has been asserted on behalf of the City has been that the City did
not have actual or constructive notice of the dangerous condition and thus is not subject to
liabilitY in the particular suit. This defense has been used with a modicum of success;
having helped resolve numerous cases which resulted in dismissal and/or settlements for
minimal amounts such as the recent litigation whichwas resolved for $500.00 (which was
approximately half of what our medical expert would have charged to initiate his record
review in preparation for trial of the matter).
In recent years, the courts have looked increasingly to reasonable inspections in
order to insure that the public entity had done everything in its power to discover the
dangerous conditions and remedy those conditions prior to the occurrence of any accident.
BART J. THILTGEN, City Attorney
July 3, 2002
Page 5
In Straughter v. State of Cafifornia (1976) 89 CaI.App.3d 102, the court held that the state
had constructive notice of icy conditions in the Altamont Pass area since it had not
conducted reasonable inspections. The Straughter court stated, in pertinent part, as
follows:
Constructive notice may be found where the dangerous
condition would have been discovered by a reasonable
inspection. (Stanford v. City of Ontario... ).
The 1972 Stanford v. City of Ontario case resulted from injuries suffered by
employees of a plumbing contractor which the city had retained to extend a city's sewer
and lateral. In that case, the court stated, in pertinent part, as follows:
We are satisfied that there is sufficient evidence in the record
to support the finding by the jury that a reasonable inspection
would have disclosed the existence of the unshored and
unsloped excavation; that there would have been adequate
time to take preventative measures; and that the city had
constructive notice of the dangerous condition upon its
property.
Around the same time, the courts continued to focus on a public entity's duty to
have its employees discover and remedy dangerous conditions. In Briggs v. State of
California (1971) 14 CaI.App.3d 489, the court stated, in pertinent part, as follows:
Constructive notice may be imputed if it can be shown that an
obvious danger existed for a sufficient period of time before
the accident to have permitted [the public entity's] employees,
in the exercise of due care, to discover and remedy the
situation.
(Briggs v. State of Cafifornia (1971 ) 14 CaI.App.3d 489, 494-
495.)
The courts, continuing down this path, have gotten increasingly more adamant that
public entities need to conduct inspections. In fact, in 2001, in Nishihama v. City.and
County of San Francisco (2001) 93 Cai.App.4th 298, the court stated, in pertinent part, as
follows:
'Government Code section 835.2, accordingly expressly
recognizes that in determining whether a public entity has
CONFIDENTIAL
BART J. THILTGEN, City Attorney
July 3, 2002
Page 6
constructive notice of a dangerous condition, the jury may
consider whether "the condition and its dangerous character
would have been discovered by an inspection system that was
reasonably adequate.., to inform the public entity whether the
property was safe for [its intended use]" and "[w]hether the
public entity maintained such inspection system with due care
and did not discover the condition."
The movement towards a requirement of inSpection programs has also been applied
by the courts to business and commercial properties in addition to public entities. The
courts have looked beyond streets and sidewalks, to commercial buildings and large retail
stores. In Lopez v. Superior Court (1996) 45 Cai.App.4th 705, the court held that a
landowner's lack of knowledge of a dangerous condition on leased commercial premises
was not a defense. The court held that a landowner has an affirmative duty to exercise
ordinary care to keep the premises in a reasonably safe condition and therefore must
inspect them or take other proper means to ascertain their condition, and if by the exercise
of reasonable care, the landowner would have discovered the dangerous condition, then
the landowner is to be found liable.
The courts have gone even further recently in finding that an inspeCtion system must
be present. In Ortega v. Kmart Corporation (2001) 26 Cal.4th 1200, the court found that an
owner must inspect the premises or take other proper action to ascertain the condition of
the premises and if, by the exercise of reasonable care, the owner would have discovered
the dangerous condition but did not do so, then the owner is liable for failing to correct the
condition. The Ortega court additionally stated that if the evidence showed that an
inspection had not been made within a "particular period of time prior to an accident," the
evidence may warrant an inference of liability since the defective condition existed long
enough so that a person exercising reasonable care would have discovered the dangerous
condition. From this and similar decisions, it appears that, in the absence of an
appropriate inspection program, the courts will find constructive notice and thus liability.
With respect to "actual notice," liability can be imposed upon a public entity if that
public entity had actual notice of the dangerous condition a sufficient time prior to the
alleged injury to repair the property. In a case where actual notice is an issue, an
inspection program could be detrimental to the City in the event that the City inspects the
property, becomes aware of dangerous conditions, and does not repair it in a timely
fashion. However, based upon past performance by the City Street Maintenance Division,
which includes sidewalk repair, the inspection program could be a significant benefit to the
City since the Street Maintenance Division has been extremely responsive in correcting
citizen's complaints with respect to streets and sidewalks. Based upon the Division's past
response times, typically between 24 and 48 hours, the City appears responsive and will
BART J. THILTGEN, City Attorney
July 3, 2002
Page 7
usually repair a condition shortly after notification, of the proper authorities, of that
condition. The past response time has been beneficial in resolving a number of cases
which have turned on actual and/or constructive notice. In those cases, the City
maintained that it did not have actual or constructive notice of the condition, but upon
notification of the existence of the condition, the problem was rectified within 24 to 48 hours
of the notification.
Assuming a continuation of such responsiveness by the Street Maintenance
Division, an inspection program would be extremely beneficial since a number of potentially
dangerous conditions could be alleviated prior to any incident or injury occurring. In such
an instance, the inspection system in conjunction with prompt repair could save the City
thousands, if not hundreds of thousands, of dollars per year in litigation costs, settlements
and judgments.
In addition to being a benefit for the purposes of arguing that no actual or
constructive notice existed in dangerous condition of public property cases, there are other
benefits to the implementation of a street/sidewalk inspection system. The inspection and
maintenance of sidewalks consistent with the ADA requirements would be beneficial to the
City in reducing litigation costs and potential settlements and judgments from not only ADA
cases but from all litigation, and would provide safer streets for City residents.
On the budget side, initiating an inspection system for the streets and sidewalks
within the City of Bakersfield would, by necessity, result in the expenditure of funds for a
vehicle or vehicles and an inspector or inspectors.
CONCLUSION
The aforementioned cases, and other similar cases, reflect the court's increasing
tendency to require an inspection program or system, and reasonably timed inspections,
before providing a litigation defense through the use of an assertion of the absence of
actual or constructive notice. The courts have increasingly gone out of their way to find
that in the absence of an inspection system the defendants had constructive knowledge
and were thus liable for the dangerous condition. It is simply a matter of time before such
an assertion is made with respect to the City, and once the floodgates are opened, it is
likely that the majority of plaintiffs' attorneys with dangerous condition cases will assert
similar allegations thereby negating the actual and constructive notice defense upon which
the City has often relied.
In addition, the ADA based decision in Bardon v. City of Sacramento dictates that
the City must.maintain all of its sidewalks in a manner that would allow disabled persons to
use and travel on those sidewalks without interference and, presumably, without the threat
BART J. THILTGEN, City Attorney
July 3, 2002
Page 8
of danger to themselves or their property. ADA litigation, being based upon the Federal
regulations, will not be concerned with actual or constructive notice, instead focusing on
the condition of the sidewalks. In ADA litigation, it appears that in the absence of a
sufficient inspection program, the City will face almost a "strict liability" situation for its
sidewalks.
Based upon the foregoing analysis, it is anticipated that an inspection system, when
combined with a prompt response of the Street Maintenance Division, would result in
considerable savings to the City on numerous issues but primarily in the area of litigation
costs, settlements and judgments.
ACT:dll
S:~ct\lnspectStrs&Sidewalks2Mmo.doc
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Mission Statement
The mission of the Smart Growth Coalition
is to inform the public about the future
impacts of growth and land-use decisions,
and to advocate policies that build a quality
community and a healthy economy. 24, 2002
officers Councilman David Couch
John Fallgatter, President City of Bakersfield
Philip Ryall, Vice President 1501 Truxtun Avenue
Bill Slocumb, Secretary
Barbara Lomas, Chief Financial Officer Bakersfield, Califomia 93301
Executive Director
Pauline Larwood
Dear Co__Couch:
Other Board Members
J. Philip BentleyJack Pandol ["he Smart Growth Coalition of Kern County supports efforts to
Loren Booth Peter Pankey
Holly Hart Pat 5mith encourage infill, redevelopment, and other innovative projects that
Wilt Hutchison Tenie Stoner encourage a compact community design. Further revitalization of
David Milazzo Jim Wiens
downtown Bakersfield will require such innovative projects.
Policies
1. IndMdual property rights are fgpndational to I'hese projects should include mixed-use that promotes efficient use of
our policy platform, therefore a property owner's existing infrastructure; the adaptation of commercial or industrial buildings
right to continue an established property use has
priority over a neighboring property owner's allowing residential lofts that attract, among others, artists and artisans;
wish to change the use of his property, and projects that will entice residential development which in turn will
2. Land use planning and implementation should attract the broad spectrum of downtown workers with the desire to live in
remain fundamentally a local function with fmal
land use decksions remaining with local proximity to their work and to downtown amenities.
govemmenc
3. Land use policy is best bom of open discussion Two years ago we conducted a Community Image Survey whose
and community consensus, respondents represented a significant cross section of Metropolitan
4. Clear and compelling reasons for proposed Bakersfield. An important result of that survey was the consistent and
changes to existing General Plans should be
demonstrated before our elected or appointed strong comments of respondents that suggested tax and other development
officials alter them. incentives were appropriate to avoid inner city blight or decline. We
5. The County and our various cities should believe there is community support for streamlining obstacles and
develop compatible land use ordinances and
policies through collaborative and cooperative removing roadblocks when it' comes to revitalizing the City's downtown
processes.
6. Immediate public notice of General Plan
Amendments and Zone Change applications
pro~qdes everyone time for valuable community In conclusion, we would be pleased to participate in any streamlining
input and consideration, effort that would make this possible.
7. Agricultural, mineral and the defense industries
are the foundation of our economy. We should Sincerely,
safeguard these industries from the impacts of
8. Development should pay for its own
proportionate share of infrastructure and
ongoing public services.
9. To promote efficient use of our existing Executive Director
I infrastructure, we should encourage infill,
redevelopment, and innovative projects that
encourage compact design.
lO. A vibrant metropolitan center and
county seat is a benefit to all citizens.
BUILDING INDUSTRY ASSOCIATION Member
OF KERN COUNTY
Biff NAHB
NA?ZOZ,~L A.~SOC~T~O~
'BAKERSFIELD, CA 93301 PHONE (661) 633-1316 FaX (661) 633-1317 oFHoM£BuILD£~
President
Pat Henneberry
Castle & Cooke California, Inc.
May 29, 2002
Executive Vice President
Brian J. Todd
First Vice President Councilman David Couch
Roger Mclntosh City of Bakersfield, Ward Four
Mclntosh & Associates 1501 Truxtun Avenue
Second Vice President Bakersfield, California 93301
Gregory Petrini
Petrini Construction, Inc. Dear Dave:
Secretary As I indicated in our phone conversation, BIA shares your interest in
Calvin R. Stead, Esq.
Borton, Petrini & Conron, LLP identifying and streamlining obstacles and disincentives that impede new
development activity and adaptation of existing buildings to different uses
Treasurer in downtown Bakersfield.
John Cicerone
Mountain View Bravo, LLC
We have always believed that a healthy housing economy should offer the
Immediate Past President greatest number of choices possible in order to meet a variety of housing
David Turner consumers' needs. While such "infill" housing will not notably offset the
DavidA. Turner Homes demand for new subdivisions of single-family homes, we support it as an
Board of Directors exciting opportunity for innovative, niche housing including mixed-use and
Glenn Davis other higher density units uniquely suited to the downtown area.
Bank of Stockdale
We will be glad to participate in any discussions of how local ordinances
Michael Hair, Jr.
Bingley Homes can be modified to encourage this type of development, whether through the
Development Streamlining Task Force or other forum.
Kyle Carter
Kyle Carter Homes, Inc. Thank you for your interest in this important issue.
Ron Ray
Coleman Homes, Inc.
Sincerely,
Greg Hash
Fallgatter-Rhodes ~
Insurance Agencies
Marion Malamma
First American Title BRIAN J. TODD
Mike Kane Executive Vice President
Granite Construction
Darryl Tucker
McAllister Ranch/Jasman
Development
David Dmohowski
Project Design Consultants
Mike Granlee
Stewart Title
Kern-.Kaweah Chapter
Bakersfield, CA 93385
http://ken~ka,veah, sierraclub, or~
,~ua. 28; 2~2
Co~ci~ Dahd Couch
C~y ~I1
1501 T~ Avenu~
B~ersfield, CA 93301
D~ar Co~ei~ Couch,
~e Kem-Kaw~h Chapter of ~e Sie~ Club has long supposed re~mfion of
· e do~to~ region of ~e city. ~e p~ciples of ~-fill development, affor~ble
hous~g, ~r~ of r~il md co~ercial ~cilifi~s, ~d efficient ~o~fion
options ~ould be ~e basis ofpl~g.
W~ ~e So~ea~ B~ersfield Redevel~ment Proj~ ~d ~e ar~ g~em]y
d~ed as Do~to~ B~ersfi~l( ~e Chapter suppo~ ~ proposal to a~ ~e
~cial co~y ~o ~e ar~, ~g ~e ~meial co~~ ~e economo
hub. ~ add,ion we suppo~ ~e ~co~omfion of mixed-use developmenL ~om
~ndom~iums ~d ap~en~ to r~ bus~sses, e~ecia~y food mark~. ~rou~
· e developmem of commercial ~d r~il bus~sses, peopl~ will see d~to~ as a
desirable residential ar~. ~e present ~cr~se ~ bus~esses related to ~e a~s
a~eres to ~s concur. ~s ~11 reduce co~g ~ces b~ at ~ sam~ t~e
w~ shoed ~prove public tm~o~fion by e~c~g GET's schedule ~d se~ce
ar~s. We shoed also ~nsider adop~g a li~t m~ commuter s~em.
~e c~ent r~il bus~sses of do~to~ ~11 b~n~ ~om ~ ~cr~s~d residential
population. Pr~ently, r~il bus~ess~ have ~ally lo~ ~e~ eu~omer base after
5:00 PM. Us~g a ~cept ~om over 100 y~rs ago, apa~en~ ~ould be
~ncouraged to be l~ted above ~ores ~d bus~ess~. ~eas dedi~ed to
ped~s (~d n~ ~e automobile) should be ~ess~d ~d used to co~e~ bus~ss
~d r~sidenfial ~eas.
F~ally ~e recr~fional ~cil~ies presently ~ place, ~om Ce~l, B~ch ~d Jato
P~ to ~e Kern ~ver co~dor, ~ould be up~ded to en~mge b~ passive ~d
a~ve use. ~ '~een belt' ~d '~een ~ace' facil~ies ~11 comp~ent ~
~cr~sed residential us~ of~e ar~.
~ conclusion ~ Si~a Club is ~llmg to b~m~ ~ a~iv~ 'player' ~ ~e pl~ing
process. M~els of success ar~ fo~d ~ ~ny c~es. ~d ~e c~ies are s~lar to
Bakersfield.
S~cer~ly, ~
Vice-Chaim~
589-6245
Tom Clegg
PO Box 30042
Bakersfield, CA 93385
June 26, 2002
Councilwoman Sue Benham
City Council of Bakersfield
1501 Truxtun Ave
Bakersfield, CA 93301
Dear Councilwoman Benham:
Can you please send me a copy of Alternate 15, the proposed cross-town freeway
arrangement? If you do not possess a copy of this, can you please direct me to where I can
obtain one? I am simply curious.
Thank You,
Tom Clegg
From: <SNMBIKEBRO@cs.com>
To: <city_council@ci. bakersfield, ca. us>
Date: Sun, Jun 30, 2002 9:28 PM 02 JUL "3 /~H 8.' 03
Subject: (no subject)
BAKERSFIELD CITY CLERit
Hello I have a question, Recently you built the beach park skate park, they
problem is its only for skaters, Us bike riders have, no where to ride for
free like the skaters, we would also like a place to go and have fun such as
this but there is no such place. So me and along with many bike riders would Distributed to:
like to know if we will ever get a place like this and if not then why not? Mayor
Every time we go to this skate park to have fun we get kicked out even when
there are no skate boarders there, we have to ride in public areas and cops Council
give us tickets for trespassing and so on. In closing I would just like to
know if it is possible to get a bike park for us to ride for free, a lot of City Mgr
young kids ride probably more then skaters, so if you could just get back to City Arty
me and let me know I would be grateful thank you. Other ~ez'.+-
By City Clerk
Date
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reports back to the City Council.
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, ~lson - Chairman
........... i.-~-(66t)--832:8'5-3'~ ...... Cell (661) 204-5775
dwilson@atg, com
-Fax 832-1928
P.O. Box 41564, Bakersfield, CA 93309
Ve ~t e lral n ~ M e m o ir i~a [ P allrk C o m m i~ ~t ~t e e
, , Lest We Forget , ,
June 3, 2002 .
Allan Tandy, City Manager ,J[Jl~ ~' fr~.-~
1505 Truxtun Avenue
Bakersfield, CA 93301
Dear Mr. Tandy,
Enclosed are two statements: one made at the community Services Committee meeting
on May 15th and another made at our Veterans Committee meeting on May 20th, 2002.
We believe the two statements adequately cover our intent and purpose for building a
Veterans Memorial Park and Learning Center.
We, obviously have a good deal of opposition to our plan and request in locating the
Veterans Memorial Park at the Central Park location. This is unfortunate in that we
intend to press forward with our goal to locate the park at that site. We hope that these
statements will make it more clearly understood just what we are trying to accomplish.
We are trying our best to bring something very special to Bakersfield. We will provide a
very important learning resource for the general public and in particular our young
people. We will be bringing in hundreds if not thousands annually to see this very
special memorial park and museum, Learning Center. The business people in downtown
Bakersfield will profit greatly with the tourists buying goods and services. Central Park
would make this possible, while other alternate sites will be far less adaptable to our
vision of an important Learning Center and Memorial Park.
Please give this further consideration in your internal deliberations and move this plan
forward at the earliest possible time.
Yours,
Dale R. Wilson, Chairman
Kern Veterans Memorial Park Committee
Veterans Memorial Park Committee, P.O. Box 41564 Bakersfield, CA 93304
Chairman - Dale Wilson (661) 832-8532 Cell (661) 319-5775 Vice Chairman - Michael Sabol (661) 831-6458 Cell (661) 205-9274
Statement to the Community Services Committee on May 15, 2002.
The question before this commission, is what are the veterans to accomplish
and where? It is apparent that those not involved in our program, in our
planning and in our vision have little sense as to what we are trying to bring
to the people of Bakersfield and to Kern County.
At the heart of our planning efforts are the Military History Museum and
Learning Center. The Museum will have displays from the various conflicts
dating back to the French and Indian War in the 1600's, The Revolutionary
War, World War I and World War II, Korea, Vietnam and so on. But static
displays can't really tell the whole story of what happened, the
involvements, the people, the results or the changes these conflicts brought
about in our national culture. This museum is planned to be very pro-active
using the latest technology with the computer, video and Tel-
communications systems available to us. There will be viewing rooms
where video presentations will offer the visitors a living experience, an up
close and personal involvement through the video presentation of a
particular engagement, or acquaintance of the conditions and people from
that particular era of our countries history. The places where conflicts
occurred, the people involved, the soldiers, the military equipment, the
civilians and how they were affected, etc. There should be about 6 viewing
rooms and a schedule will be maintained covering all kinds of topics of
interest having to do with our country and it's military history. Each
viewing room will be operated by a central technical lab where videos will
be controlled and scheduled.
In keeping with our underlying goal of providing a source of leaming for our
military history, there is plans for lecture halls for the public and students to
attend classes, lectures etc. given by our local teachers and college
professors. This technical lab and the lecture halls, incorporating the video
systems, will be connected to the very advanced communication network
that the Superintendent of Schools has in their offices a few blocks away.
Any of these lectures, video presentations, etc. can be channeled into the
high school and college classrooms throughout the County. This will be a
learning resource that probably can't be matched anywhere else.
As adjunct to this endeavor, we are working on the idea of requesting the
Department of Defense to designate this facility as a Department of Defense
Learning Center. We believe we have a very good opportunity to achieve
this status for the museum/learning center. With two very important military
bases within the boundaries of Kern County, the Dep .amnent of Defense is
eager to educate the local populace as to the role these bases play in our
country's defense system.
They now have learning centers all over the world but none, to our
knowledge, in the West Coast region.
What will this do for us? Several things - (1) Both local military bases will help us set up our program.
(2) They will provide some funding.
(3) They will make available displays and a lib .rary of videos covering
various subjects from the history of the military, to the existing
weapon systems now in the field.
(4) It will bring hundreds, if not thousands, to Bakersfield to visit the
Learning Center.
The Veterans Plaza and the Amphitheatre are an important part of our
purpose to celebrate the lives of our local veterans here in Kern County.
The memorials, the Wall of Valor, the Service Fountain, will all reflect upon
the sacrifices so many of our young citizen soldiers have made in the
defense of their country. The Wall of Valor will nameeach and every Kern
Veteran who gave his life for our way of life. We believe that this plaza
should reflect the reverence and the respect we have for these brave and
courageous veterans. We plan to have, as a centerpiece, a memorial to the
World War II veterans who are leaving us at the rate of approximately 1,100
per day. They, in particular, are the ones who stated clearly and
emphatically, that they wanted to leave behind a legacy of leaming of what
happened and how to avoid any such conflict again in the future.
The Amphitheatre is another place where we can gather to hear and enjoy
performances. The military bands, such as US Air Force and US Army, tour
every summer. We hope to become a scheduled stop On their itinerary each
summer. Local performing Arts should fred this Amphitheatre an ideal
place to perform. Maybe even Summer Stock companies would consider
this an ideal place to perform.
Our goal is not to glorify war, but to learn from what has happened in the
past so that we might avoid conflicts and future wars. Our population is
much undereducated in this area. Our young people dOn't know about the
conflicts we have been in, the wars we fought to bring us independence and
freedom, nor who the great men and women were who became our national
heroes. They should know who George Washington, John Adams, and
Thomas Jefferson were. They should know who Abraham Lincoln was and
what he accomplished and stood for. They should know of Theodore
Roosevelt, the president who did so much to control big business and
establish the natural resource programs that resulted in many of the National
Parks throughout our country. Franklin Roosevelt, Harry Truman, John
Kennedy, Dwight Eisenhower - - the list goes on. And yes, they should
know who our local heroes were. Those young people who went away to
war and never came home. Oh, so many we owe so much to - - and so few
who have any knowledge of who they were and what they did.
We veterans believe this is a worthwhile endeavor. We believe in our cause,
we believe we can be successful and we're encouraged by all those who are
joining us and who are willing to help make this happen.
Do we have hard facts, money in the bank, everything in order so we can
proceed; is everything in the realm or certainty? We can't fool ourselves
into thinking this is the case. So much of what we are doing is visionary,
conceptual, involving organization and planning.
But we've come a long way. We have formed a coalition of approximately
65 veteran's organizations representing 10,000 to 12,000 veterans and
auxiliary members within the jurisdiction of Kem County. You can see the
results of some of our efforts. We must admit that it too is visionary and
conceptual. But we have put a face on our vision. We are in the process of
building an organization. We are forming a non-profit foundation and we
are continuing to recruit a strong management team. We are laying a base
far-reaching and so strong with many very capable people. Experienced
people, people who believe in what we are doing, and people who have so
much to contribute. If you will bear with me, I would like to list a few; Dr.
Charles Carlson, Retired Dean of Instruction from BC, Dr. Davis Rosales,
Professor of History at BC, Dr. Jacquelyn Kegley, Professor of Philosophy
at CSUB, Major General USAF retired James Whitehead, currently Manager
of Operations AWP6-FAA Westem Pacific Region, A1 Wagner, Dean Florez
Chief of Staff, Kevin McCarthy Representative for William Thomas of US
Congress, Raymond Sisk, National Commander and Chief of Veterans of
Foreign Wars of the United States 2002-2003, Bruce Jay, President, Bank of
Stockdale, Scott Hair, President Green Frog Markets, Ward Wollensen,
Executive Director Central California Association of Public Employees,
Andrew Wahrenbrock, President Wahrenbrock Capital Management Inc.,
Robert Otto, US History teacher East High (ret).
In addition, we have been working with several contacts at Edwards AFB
one of which is Major General Pearson the Commandant of Edwards AFB.
We have also been in touch with the Public Relations Department at China
Lake Naval Weapons Center. They too are interested in helping us with the
Memorial Park.
The list goes on - - capable, experienced, dedicated people, to help us
accomplish our goals. We have many more well known names that have an
interest, some of which will be coming aboard to help us.
Now, the question of where?
Last February, we were invited to attend a Community Service Meeting to
explain what we are trying to accomplish. From that meeting it was
suggested that we might consider Central Park as a possible location. In
March, we made a formal proposal to the City Council asking for the
opportunity to explore the use of Central Park. At the instruction of the
Council, Mr. Tandy invited us to another meeting to begin this exploratory
process. From that, the City staff and the Committee Staff got together to
see if the facilities we envisioned would indeed fit into Central Park. The
answer to that question is a definite yes - - very nicely. We are certainly
encouraged by the cooperation we have received fi.om the Recreation and
Parks Department.
Now is the time to make some far reaching decisions. The Kern Veterans
Memorial Park Committee is very interested in working out a plan whereby
we can build the veterans park at the Central Park location. But there is one
thing central to our program - - the heart of our endeavor - - the one thing to
make all of this come together and complete the vision of the veterans. We
need a place to build The Military History Museum and Learning Center.
The 3 plus acres north of 21 st Street is crucial towards accomplishing our
goals.
I've been told that the property is available "to whoever comes up with the
money first." If I may, and with all due respect, we think that is the wrong
position for the City to take. In our opinion, putting housing on that parcel
of land is not the "highest and best use" of that land. Putting a profit
oriented developer who will bring benefit to but just a few against a use that
would benefit hundreds or even thousands is worth further discussion, in our
opinion. We are talking about 10,000 citizens of Kern County, 10,000
veterans and their families who are determined to bring a use, a service, and
educational experience that will benefit thousands, rather than just a few
who would occupy the houses. In our opinion, there is no question that the
Museum and Learning center we propose is of a higher and more
appropriate use for this property. This property is unique and would be ideal
for the learning center. There are few, if any, other properties offering the
qualities that this property would provide for our use. Housing is important,
but housing can go into many other areas of the city. Housing would be a
misuse for this particular parcel, in our opinion. The City has an obligation
to study our proposal, and if they find some credibility in our position then
our "higher and best use" proposal should prevail.
Again, in our opinion, for this property, the Veterans eaming Center and the
Veterans Memorial Park is the appropriate use and shOuld be given
preference.
We hope you can begin to see, as we veterans do, that we are trying to bring
something very special to Bakersfield. We are trying to bring all of you into
our world with a can-do-attitude. All it takes is believing in our veterans
program and getting behind these endeavors - - it is valid, it's for real, it's a
workable plan, and we're confident that we can make it happen with
community support. I thank you.
STATEMENT MADE TO THE KERN VETERANS
MEMORIAL PARK COMMITTEE MEETING, MAY 20TH, 2002
The idea of having a Veterans Memorial Park at the Central Park location is a tremendous
idea. There are several reasons for the Memorial at that park.
First, there are so few of them in the United States and none West of the Mississippi of the
scope envisioned for Central Park. It will gain national attention and universally engender affection
for Bakersfield among the veterans and their family all across the United States.
Having a Memorial Park in close proximity to the Convention Center is very apt to draw many
more conventions to Bakersfield, and the need to use Central Park as a Veterans Memorial Park is
without question the Convention Center. A stroll along a landscaped route to the Park from the
Convention Center is a natural draw for conventioneers. How can one argue that the Park and Center
would not compliment one another? Then add to this mix, the Veterans Memorial Museum across
the street from the Park on the North, and the War Aircraft Museum at Minter Field, where so many
veterans of World War II trained, would greatly enhance the draw of conventions and visitors to this
beautiful city of ours and would certainly give Bakersfield the image across the land of being
innovative and sensitive to the memory of so many who have fought and died or survived to preserve
our way of life. Who then could dispute that Bakersfield is in fact the "All American City"? With
the Veterans Memorial Park & Museum so close to the Convention Center and drawing visitors and
conventioneers from everywhere is certainly going to go a long way toward overcoming the image
'that Johnny Carson proffered years ago to the effect that Bakersfield is just a "dust bowl town."
The other two proposals are not realistic in my opinion. First, having low cost housing at
Central Park isn't going to draw one visitor to Bakersfield. Secondly, placing City Hall out there is
a misplacement. City Hall should be a part of the down-town city corridor where state, federal and
county facilities and services are situated. Additionally, utilizing Central Park for either of those
purposes isn't going to draw any visitors to Bakersfield.
I came here in 1950 and I've seen a lot of changes, some easy to come by and others hard
fought. We have now grown to an urban population in excess of 400,000. It's now time that we do
something to create a draw -- a magnate -- to attract people to Bakersfield. Branson Missouri has
its national draw with a multiplicity of music entertainment venues, San Antonio with its River Walk,
New Orleans with its Bourbon Street, Anaheim with Disney World, etc. Why not Bakersfield with
its Veterans Memorial Park & Museum and War Aircraft Museum at Minter Field. And in time, as
suggested in the recent Charraettes, 20th Street from Central Park on the East to the Fox Theater on
the West becoming a street of country western and other types of entertainment which could only
increase and compliment the drawing power of Bakersfield for out oftowners.
Lastly, and perhaps of equal or greater importance, the fact that with attractions drawing
more visitors to Bakersfield it obviously is going to help the economy of this community. The
entrepreneurs of Bakersfield will benefit handsomely from the increased number of visitors to our
community. The other two proposals will not have that effect!
Thank you. A World War II Veteran and
Downtown Businessman
HOUSE OF REPRESENTATIVES
WASHINGTON, D. C. 20515
William M. THOmas
CALIFORNIA
November 9, 2001
Dear Friends:
I am pleased to welcome you to"A Salute to Veterang and to join with you in paying
tribute to Kern County's veterans.
It is important to recognize the men and women whose courage secured our freedom for
us, not just on Veterans Day, but on every day of the year. I support your efforts to create a
veterans memorial park and museum to honor Kem County veterans and to teach our young
people about courage, honor and devotion to country.
Already the veterans park has received the near unanimous support of Kern County's veterans
organizations, and I know that"A Salute to Veterang' will be a successful and enjoyable evening
for everyone here tonight.
Best regards,
WILLIAM M. THOMAS
Member of Congress
Mr. Dale R. Wilson
Chairman
Veterans Memorial Park Committee
Post Office Box 41564
Bakersfield, California 93304
WILLIAM M. THOMAS
21ST DISTRICT, CALIFORNIA ~ 4100 TRU×TUN AVE, #220
BAKERSFIELD, CA 93309
(661) 327-3611
CHAIRMAN
COMMITTEE ON WAYS AND MEANS 319 WEST MURRAY AVENUE
VISALIA, CA 93291
JOINT COMMITTEE ON TAXATION (559) 627-6549
2208 RAYBURN HOUSE OFFICE BUILDING www.house.gov/billthornas
WASHINGTON, DC 20515-0521
(202,225-2915 ~OU~e of epreaentati e5
i asbin ton,
September 17, 2001
Mr. Dale R. Wilson
Chairman
Kern County Veterans Memorial Park Committee
Kern County Veteran Services
1120 Golden State Avenue
Bakersfield, California 93301
Dear Dale:
Thank you for your recent letter informing me of the efforts by Kern County
veterans to create a memorial park in Bakersfield. I am honored to support your good
work and appreciate the invitation to attend a Memorial Park Committee meeting.
Recognizing the sacrifices our veterans have made is one of my top priorities. It
always gives me great pleasure to meet with veterans and restore rightfully-earned
medals to them. It will be my privilege to work with you as you move forward to honor
veterans in this most appropriate manner, and I appreciate being involved at the genesis
of the project.
Again, thank you for the letter, and I look forward to working with you.
Sincerely,
WILLIAM M. THOMAS
Member of Congress
WMT/slh
TY SUPERINTENDENT OF SCHOOLS
LARRY E. REIDER, Superintendent
May 28, 2002
Dale R. Wilson, Chairman
Kern Veterans Memorial Park Committee
P.O. Box 41564
Bakersfield, CA 93384
Dear Mr. Wilson:
For whatever reason, there has been some confusion about our participation in the Veterans Memorial
Park proposed to be located in Central Park, along with some adjacent property. For the record, I
support the memorial and have committed to assist in your efforts.
The confusion seems to center around land this office once owned in the vicinity of R and 21 st streets
which your letter of April 18 refers to as the former~ S_outhem Pacific ~ p. roperty. We are re.ce, ivi, ngT
reports that this office might contribute a portion ot this property toward the veterans memonat. As ~
smd during our May 2 meeting, this office has previously sold a portion of this property to the Housing
Authority of Kern County in December 1998 and the remainder of this property is currently under
contract with the Housing Authority of Kern County until December 2002.
I know that you are aware of the housing authority ownership because you showed .us a map dePicting
parcels that might be incorporated into the memorial. However, others involved in the veteran s
memorial maybe unaware that the land is now under contract with the Housing Authority of Kern.
Any assistance you can provide to eliminate this confusion would be appreciated.
I am committed to assisting you in recording the stories of selected local veterans so these accounts can
be preserved and used in our schools as wellas the memorial. At my instruction, Jim Varley has set
aside eight dates in our televison studio to record stories from many of these veterans. Each
participating veteran will be given a videotape copy for their private use. Jim is working out
arrangements with Bob Otto.
In addition, I offered to provide web design assistance. At a second meeting attended by you, with Jim,
Bob Johnson and others, it was agreed our staff would prepare logos and help design a website to
communicate efforts related to the Veterans Memorial Park. My understanding is that Russ Berry of
Lake Isabella has arranged to have the site hosted once it is designed and a logo selected. Four
suggested logos have been sent to Mr. Berry.
As the educational component of the Veterans Memorial Park takes shape, we certainly are willing to
discuss other ways in which we might assist.
Dale, it goes without saying the Veterans Memorial Park is an ambitious undertaking but well worth
the time and effort that you and so many others are providing. We appreciate any help you can provide
in communicating the fact that the property that fronts 21 st Street, across from Central Park is no
longer controlled by our office.
Best of luck in your very worthwhile endeavor and again, please know that I support your efforts and
have committed the assistance of our office. I look forwardto meeting you on June 5, 2002.
n-
tendent of Schools
LER:it . . . advocates for children
1300 17th Street - CITY CENTRE, Bakersfield, CA 93301-4533
(661) 636-4000 · FAX (661) 636-4130 · TDD (661) 636-4800 · http://~wv, kern.org
~'r:nrc~. r:,, ~cy¢~ec~ p,,~,~:r Partner - Kern County Network for Children
ADMINISTRATIVE REPORT
DATE: May 22, 2002 AGENDA SECTION: Consent Calendar
ITEM: 8.cc.
TO: Honorable Mayor and City Council ~
FROM: John W. Stinson, Ass. istant City ManagerDEPARTMENT HEAD ~
DATE: May 13, 2002 CITY ATTORNEY ~-~-~
CITY MANAGER ~
SUBJECT: Tree Trimming- Community & Commercial Education Efforts
RECOMMENDATION: The Urban Development Committee Recommends implementation of staff
recommendations.
BACKGROUND:
The Urban Development Committee recently met to discuss tree ordinance enforcement and ways to
improve the trimming of trees in Bakersfield. The Comm~ee discussed the need to improve tree trimming
techniques used by both pdvate property owners and professional tree trimmers. The committee reviewed'
various public educational efforts and discussed the possibility of requiring commercial tree trimmers be
Certified Arborists to perform tree trimming work.
Staff provided information of the potential licensing through certification of tree trimmers and recommended
a program of voluntary certification. This approach would have limited economic impact on the existing tree
trimmers and would focus on educational efforts rather than'requiring licensing which could be difficult for
some tree tdmmers to obtain (since the tests are not offered locally and some tree trimmers may not speak
English) and would be difficult to regulate. This approach would also be more cost effective for the City as it
would not require additional staff. There are approximately 60-70+ tree trimming companies in Bakersfield
and currently five Certified Arborists through the International Society of Arbodsts (ISA) in Bakersfield.
Three of these are City employees in the Recreation and Parks Department including the City's Urban
Forester. Several local tree trimming businesses advertise they have Certified Arborists on staff and
growing public interest in the proper maintenance of trees is making Certification a plus for their business.
Staff recommends the following voluntary educational efforts which would be targeted to educate
professional tree trimmers operating in Bakersfield:
Provide information on ISA Tree Worker and Arborist certifications. Encourage certification by
conducting workshops with local tree maintenance professionals and explaining the benefits of
proper tree maintenance from a client satisfaction and good business practices perspective.
· Provide information on ISA certification programs and information on proper tree trimming
techniques in English and Spanish.
· Provide information on courses available through Bakersfield College for ISA certification
preparation. ..
· Provide information on courses, when available through the UC extension Farm and Home Advisor.
ADMINISTRATIVE REPORT Page 2
The Committee also discussed providing general educational information for individuals and businesses
who hire professionals to maintain their trees. Since many professional tree trimmers follow the tree
trimming directions from their clients (particularly if they are not an International Society of Arborists (ISA)
Certified Arborlst) it is important that the public understand proper tree trimming techniques and work with
qualified tree maintenance professionals. Therefore staff recommended the following steps be
implemented:
· Provide public information videos and slide shows which could be broadcast on KGOV-TV which
would present basic tree pruning techniques and urban forestry concepts regarding the proper
planting and care of trees consistent with (ISA) guidelines.
· Include information on proper tree trimming techniques in Recreation and Parks brochures.
· Create handeuts and flyers which provide information on proper tree trimming techniques which
would be available at various city public counters and can be distributed at home and garden
stores, nurseries, the City wood waste facility and through public information sessions with
schools, services clubs and at street fairs, etc.
· Conduct informational sessions for the public on weekends in city parks demonstrating proper
pruning techniques.
Based on this information, the Urban Development Committee recommends implementing staff's
recommendations.
2300 TmxtunAvenue, Suite 207, B~ersfield, CA 93301 ,~0'~ ~ ~gL~.[:,~:~'~ .
661/325-6650 ' F~: 661/322-8635
e-m~l: treeinfo~urbanforest.org ~ website: www.urb~forest.orglD~ 77-0359397
EXECUTIVE COMMITTEE
Steve McCalley, President
K~rn £o,mt,, Em' ........ tal HeaBh Services May 15, 2002
Lmda Robinson, Vice President
Ch ........ r, ...... Councilman David Couch, Chair, Urban Development Committee
Sriram Kh6, Ph.D., Secretary Councilmember Sue Benham
( 'uhl~rma State IJnivcrstty. Bu~er~field
Councilman Mike Maggard
John Moorhouse, CFO
~/A ~ ........ ., John Stinson, Assistant City Manager
Bo. tmga?mazcraes ........ Lac~.~nd~nflemen:
Dana Adams
c ...... it> c ........... for Child Care AS Chair of the Ad Hoc Tree Advisory Committee, I am pleased to give you a status
Bob Bellue report on the occasion of our first year.
Kern CounO' Water Agencl.
Maurecn Euschcr-Dang,
c,,,,, r,,,,~e, The committee met monthly for a year. Attendance and input have been good and
l(cn Delfino we especially appreciate the help'of attorney Genny Gennaro and'urban forester Paul
c~ ,~,, r, ...... ~ ~ ~i,,. ~,,,,~,,~,,.. ~., Graham. Planner Jim Eggart is a regular and helps us understand planning policies
Jeatma Foy and procedures.
Bai~er.~field College
Ron Gagnon
~,,., n,x,l,, c,,,,,., ~.,,~To date we have done the following:
· , n ..... "~"' ~" 1. Reviewed an assortment of documents relating to street trees
t(en }{ersh 2. Redlined existing ordinances governing street trees under MC 12.40
Consulting Geologtzt
Bart Bill
s.. ~,,~,,,,,, ,.,,~ Currently we are'in the process of developing an administrative plan for city trees.
Ken Hooper '
Kern High Sthool l)isttlct Our goal is to have a complete body of work to your committee by the end of this
Bill Kelly
Baker.~fietd College calendar year. That woUld give our committee one and a half years to follow
Emily Knox-Taylor recommended tree ordinances through Urban Development Committee, Planning
~,o' ~c,,. c ......... .~,. Commission and-City Council for implementation, and still be within the allotted
Conway Lopez three-year window.
Genetal Tree Service
Stephanie Lynch
KernCount>' Board Of Supcrvisor.~ Thank you for the oppommity to craft a legacy for City of Bakersfield's urban
Tm~ Sca~ion _ _ forest! Should you need more detailed information at this time, please let me know.
K& tn. DeNtttale, Grddnvt
Stephen W. Schilling Very truly yours,
Chntta Sie. tra
Castle &
T. Mark Smith
Ctie~ra ~ ~ ...... Dana Adams
Jim Weddle
Pet.drum (Jeologi.~l. Ret.
Cc: . 'Ad Hoc Tree Advisory Committee
CITY Ob' BAI(.ERSFIEL_O L(/JSON Tree Foundation of Kern Trustees
Sue Bcnham
Dana 7mrcher
Devra Milam ..
t Y'INCE f t~4
Virginia Ferrari
ADMINISTRATIVE REPORT
MEETING DATE: May 8, 2002 AGENDA SECTION: Consent
ITEM: 8.c.
TO: Honorable Mayor and City Council ./~ROVED
FROM: Development Services- Planning DEPARTMENT HEA/,~D .~
DATE: April 22, 2002 CITY ATrORNE~)f//'
/
CITY MANAGER
SUBJECT: 1. An Ordinance amending Title Seventeen of the Bakersfield Municipal Code by
amending Chapter 15.66 and repealing Chapter 15.67 relative to oil and mineral drilling
and production.
2. An Ordinance amending Title Sixteen of the Bakersfield Municipal Code by amending
subsections 16.16.010 E; 16.16.060 A.2; AND 16.20.060 B.3; and adding sections
16.28.170 B.5. AND 16.28.170 D.4 relative to oil wells and production.
3. An Ordinance amending Title Seventeen of the Bakersfield Municipal Code relative to
Chapters 17.46 DI (Drilling Island District) and 17.47 PE (Petroleum Extraction
Combining District) and subsection 17.64.050 B.3.
RECOMMENDATION:
Staff recommends first reading of the ordinances.
BACKGROUND:
On April 4, 2002, the Planning Commission held a public hearing on these proposed amendments to
Titles 15, 16 and 17 related to oil and mineral drilling and production regulations. The amendments
are based on the changes reviewed by both the Urban Development Committee and the Planning
Commission's Oil Well/Drilling Operations Committee. The purpose of the proposed amendments is
fourfold: 1) to consolidate the oil and mineral drilling and production regulations contained in various
chapters of the Bakersfield Municipal Code into Chapter 15.66 and to reduce redundancy; 2) delete
text that limits application of some regulations to areas annexed after 1998; 3) to improve and clarify
development standards and; 4) provide additional notice to operators of record as listed with the
Division of Oil, Gas, and Geothermal Resources.
Only one person (Philip L. Ryall, Stockdale Energy Company) spoke during the Planning Commission
hearing. In response to his comments, additional wording was included to Section 15.66.080. A. to
clarify that as urban development encroaches upon existing petroleum facilities, the proposed urban
development must integrate the existing petroleum facilities to satisfy the development standards,
including but not limited to setbacks as stated in Chapter 15.66.
April 22, 2002, 10:15am
ADMINISTRATIVE REPORT Page2
Between August and November 2001, the Oil Well/Drilling Operations Subcommittee of the Planning
Commission met with oil industry and building industry representatives to discuss amendments to oil
well drilling and production regulations for the purpose of clarifying regulations and increasing public
notice to operators on record with the Division of Oil, Gas and Geothermal Resources. The Planning
Commission forwarded proposed amendments to the Urban Development Committee to review.
The Urban Development Committee met in January and February 2002, and added minor revisions
to the proposed amendments. On March 20, 2002, the City Council accepted the Urban Development
Committee Report No. 1-02 and referred the proposed amendments to the Planning Commission for
public hearing and recommendation voted unanimously to forward a recommendation to the City
Council to refer ordinance amendments to the Planning Commission for a public hearing.
Oil and building industry representatives, including representatives from the Division of Oil, Gas and
Geothermal Resources were sent notice of committee meetings held by both the City Council's Urban
Development Committee and the Planning Commission's subcommittee. These participants were also
sent a notice of public hearing for the April 4, 2002 Planning Commission meeting.
Staff has determined the proposed project will not significantly affect the physical environment and
determined the proposed ordinance amendments are exempt from CEQA pursuant to Section 15061
(b)(3), general rule.
JENG
(admin~ay\5-8-owo)
April 22, 2002, 10:15am
Metastorm e-work client Page 1 of 1
Referral Display
Requestor: Isue Benham i Ward: I~ I Referral Created:
Req. Completion Date: [~./1_6__/2~,,0.,.2,, ................ t . Meeting: ~/..~,0,,,0.,,2~
Initial Referral Information
Short Description:
FREE TRIMMING GUIDELINES
Long Description:
***DUAL REFERRAL TO URBAN DEVELOPMENT COMMITTEE, PARKS AND
REC, URBAN DEVELOPMENT COMMITTEE LEAD***
COUNClLMEMBER BENHAM REFERRED TO URBAN DEVELOPMENT
COMMITTEE A REQUEST TO PREPARE AN ORDINANCE FOR REVIEW
REGARDING THE REMOVAL OF HEALTHY TREES IN CITY RIGHT-OF- Attachment A
WAYS AND PENALTIES FOR NON COMPLIANCE. COUNCILMEMBER
BENHAM FURTHER REQUESTS THAT THE URBAN FORESTER BE
INVOLVED IN THESE DECISIONS, THAT COMMUNICATION BETWEEN
PUBLIC WORKS AND REC AND PARKS BE ENHANCED, AND THAT Attachment B
PROPERTY OWNERS BE NOTICED WHEN TREES ARE TO BE TRIMMED
OR REMOVED IN THE RIGHT-OF-WAYS. COUNCILMEMBER BENHAM
WISHES TO BE INFORMED OF CURRENT PROCEDURE.
Note: Requested completion date changed to 5/16/02. - jtraylor Attachment C
Attachment O
- Lead:-] Assigned To: Response?
R~I! (1) [Urban Development Comm. I Reassigned To: Response?
R2 (2)IRecreation & Parks 1
(3) i2 .................................................. I l
Optional Citizen Contact Information
Name: Name:
Address: Address:
Phone: Phone:
http://ew~rk/scripts/e~eb~d~~/F~~derPage?Page=Referra~%2524Disp~ay&F~~der~D=E~~R~~~ 5/10/2002
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0019162 / 001 PROJECT: REQUEST DATE: 3Z20~02
PRINT DATE: 5/01/02
CREW: PRINT TIME: 10:37:28
SCHEDULE DATES
LOCATION: START: 3~20~02
COMPLETION: 3/28/02
GEN. LOC: CITY WIDE LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: PMCCARTHY AUTH: PMCCARTHY WORK TYPE: REFERRAL
DEVELOPER INCENTIVES
REQUEST COMMENTS
***DUAL REFERRAL TO URBAN DEVELOPMENT AND ED/CD -
URBAN DEVELOPMENT LEAD***
STAFF IS REQUESTED TO EXPLORE DIFFERENT METHODS OF
INCENTIVES FOR DEVELOPERS AND TO PROVIDE A DRAFT
LIST OF IDEAS AND PRESENT TO THE URBAN DEVELOPMENT
COMMITTEE FOR REVIEW.
DEVELOPER INCENTIVES
Category code : URBAN DEVELOPMENT COM RUDC
Task coae: . . : RESPONSE TO REFERRAL RESP
_ Faci%ity ID_. .. :
Assigned Depar~menE: URBAN DEVELOPMENT COM
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0019118 / 001 PROJECT: REQUEST DATE: 2~06~02
PRINT DATE: 5/01/02
CREW: PRINT TIME: 10:38:00
SCHEDULE DATES
LOCATION: START: 2~06~02
COMPLETION: 2/14/02
GEN. LOC: LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN AUTH: DSULLIVAN WORK TYPE: REFERRAL
CITY HALL EXPANSION
REQUEST COMMENTS
***REFERRAL TO URBAN DEVELOPMENT COMMITTEE***
COUCH REFERRED THE CITY HALL EXPANSION ISSUE TO
THE URBAN DEVELOPMENT COMMITTEE FOR REVIEW AND
RECOMMENDATIONS.
CITY HALL EXPANSION
Category code : URBAN DEVELOPMENT COM RUDC
Task code: . . : RESPONSE TO REFERRAL RESP
Facility ID . . :
Assigned Department: URBAN DEVELOPMENT COM
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0019081 / 001 PROJECT: REQUEST DATE: 12Z12~01
PRINT DATE: 5/01/02
CREW: PRINT TIME: 10:38:21
SCHEDULE DATES
LOCATION: START: 12~12~01
COMPLETION: 12/20/01
GEN. LOC: LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCI.LMEMBER MAGGARD ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN AUTH: DSULLIVAN WORK TYPE: REFERRAL
MR. DECKER'S CONCERNS
CONTACT
JOHN DECKER Phone 1 - /
511 EAST 18TH STREET Phone 2 -
Bakersfield, CA 93301
REQUEST COMMENTS
***REFERRAL TO URBAN DEVELOPMENT COMMITTEE***
MAGGARD REQUESTED THAT THE URBAN DEVELOPMENT
COMMITTEE INVITE MR. DECKER TO A FUTURE MEETING SO
THAT HE MAY EXPRESS HIS CONCERNS REGARDING
DEVELOPMENT IN THE AREA, USE OF PROPERTY, RAILROAD
CROSSINGS, ETC.
MR. DECKER'S CONCERNS
at~gory code : URBAN DEVELOPMENT COM RUDC
ask coae: RESPONSE TO REFERRAL RESP
_ Faci%ity ID ~ ~::
Assigned Department: URBAN DEVELOPMENT COM
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0019045 / 001 PROJECT: REQUEST DATE: 10~24Z01
PRINT DATE: 5/01/02
CREW: PRINT TIME: 10:38:30
SCHEDULE DATES
LOCATION: START: 10~24~01
COMPLETION: 11/01/01
GEN. LOC: LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN AUTH: DSULLIVAN WORK TYPE: REFERRAL
GROUP HOME ISSUE
REQUEST COMMENTS
***REFERRAL TO URBAN DEVELOPMENT COMMITTEE***
COUCH REQUESTED THAT THE URBAN DEVELOPMENT
COMMITTEE INITIATE LEGISLATIVE ACTION REGARDING
GROUP HOMES ALLOWING FOR MORE LOCAL CONTROL AND
INPUT.
GROUP HOME ISSUE
Category code : URBAN DEVELOPMENT COM RUDC
Task code: . . : RESPONSE TO REFERRAL RESP
. Faci%ity ID.. .. :
Assigned Deparumenu: URBAN DEVELOPMENT COM
City of Bakersfield *REPRINT* WORK REQUEST PAGE
REQ/JOB: WF0019030 / 001 PROJECT: REQUEST DATE: 9~19~01
PRINT DATE: 5/01/02
CREW: PRINT TIME: 10:38:36
SCHEDULE DATES
LOCATION: START: 9~19~01
COMPLETION: 9/27/01
GEN. LOC: LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN AUTH: DSULLIVAN WORK TYPE: REFERRAL
LOT SIZES
REQUEST COMMENTS
***REFERRAL TO URBAN DEVELOPMENT COMMITTEE***
COUCH REFERRED TO URBAN DEVELOPMENT COMMITTEE THE
ISSUE OF 7200 SF. AS MINIMUM ON LOT SIZES FOR
DISCUSSION AND RECOMMENDATION.
LOT SIZES
Categorv code : URBAN DEVELOPMENT COM RUDC
Task code: . . : RESPONSE TO REFERRAL RESP
~ Facility ID_. .. :
assigned DeparcmenE: URBAN DEVELOPMENT COM
INSTRUCTIONS
ll-Ub-Ul The Committee directed staff to meet with
the development community for input and return to
the Commit%ee.
City of Bakersfield *REPRINT*
REQ/JOB: WF0018940 / 001 PROJECT: REQUEST DATE: ?~8~0~
PRINT DATE: ~/ 01/02
CREW: PRINT TIME: 1 :38:43
SCHEDULE DATES
LOCATION: START: 7~18~01
COMPLETION: 7/26/01
GEN. LOC: LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER BENHAM ORIGIN: CITY COUNCIL REFERRAL
USER ID: RGAFFORD AUTH: RGAFFORD WORK TYPE: REFERRAL
LANDSCAPE ORDINANCE ENFORCEMENT
REQUEST COMMENTS
***REFERRAL TO URBAN DEVELOPMENT COMMITTEE***
BENHAM REQUESTED THE URBAN DEVELOPMENT COMMITTEE
LOOK INTO THE ISSUE OF LANDSCAPE ORDINANCE
ENFORCEMENT.
LANDSCAPE ORDINANCE ENFORCEMENT
atggory code : URBAN DEVELOPMENT COM RUDC
as~ coae: RESPONSE TO REFERRAL RESP
~ Faci%ity ID. ~ ~. ::
assigned Department: URBAN DEVELOPMENT COM
INSTRUCTIONS
12-u3-u1 '~he Committee requested staff to provide
additional information.
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018908 / 001 PROJECT: REQUEST DATE: 6~27~01
PRINT DATE: 5/01/02
CREW: PRINT TIME: 10:38:56
SCHEDULE DATES
LOCATION: START: 6~27~01
COMPLETION: 7/05/01
GEN. LOC: LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN AUTH: DSULLIVAN WORK TYPE: REFERRAL
COMMERCIAL & INDUSTRIAL DEVELOPMENT
REQUEST COMMENTS
***REFERRAL TO URBAN DEVELOPMENT COMMITTEE***
COUCH REFERRED TO THE URBAN DEVELOPMENT COMMITTEE
THE ISSUE OF COMMERCIAL AND INDUSTRIAL DEVELOPMENT
STANDARDS, SPECIFICALLY WALL HEIGHT, YARD
REQUIREMENTS, DRIVE-THRU SERVICES AND PARKING LOT
LIGHTING FOR REVIEW AND RECOMMENDATIONS.
COMMERCIAL & INDUSTRIAL DEVELOPMENT
Category code : URBAN DEVELOPMENT COM RUDC
Task code: . . : RESPONSE TO REFERRAL RESP
Faci%ity ID . . :
Assigned Department: URBAN DEVELOPMENT COM
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018396 / 001 PROJECT: REQUEST DATE: 3~15~00
PRINT DATE: 5/01/02
CREW: PRINT TIME: 10:39:18
SCHEDULE DATES
LOCATION: START: 3~15~00
COMPLETION: 3/23/00
GEN. LOC: LOC ID:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: RBARNHAR AUTH: RBARNHAR WORK TYPE: REFERRAL
SHELLABARGER ROAD
REQUEST COMMENTS
***REFERRAL TO URBAN DEVELOPMENT COMMITTEE***
COUCH REFERRED THE SHELLABARGER ROAD ISSUE BACK
TO URBAN DEVELOPMENT FOR REVIEW. STAFF TO SEND
AGENDA PACKET TO MR. KOCH, MR. BAUGHER AND MR.
DIXON PRIOR TO MEETING.
SHELLABARGER ROAD
Category code : URBAN DEVELOPMENT COM RUDC
Task code: . . : RESPONSE TO REFERRAL RESP
Facility ID.. .. :
Assigned Department: URBAN DEVELOPMENT COM
INSTRUCTIONS
u~-~-u0 COMMITTEE HAD A LARGE PUBLIC MEETING TO
RECEIVE INPUT FROM THE PUBLIC. STAFF WAS DIRECTED
TO RESEARCH OPTIONS AND BRING INFORMATION BACK
TO THE JUNE 5, 2000 MEETING.
09-21-00 THE COMMITTEE MET AND RECEIVED PUBLIC
INPUT. THE COMMITTEE REFERRED THE PROPERTY
CONDEMNATION ISSUE TO THE OCTOBER 11, 2000 CLOSED
SESSION OF THE CITY COUNCIL.
10-16-00 THE COMMITTEE MET. ITEM STILL IN CLOSED
SESSION. RECEIVED PUBLIC INPUT.
04-02-01 STAFF UPDATE.
Urban Development Committee
Referrals
la Freeway Status Report Standing Referral (Status - staff to provide updated information on.
phasing of freeway projects - No changes from 4/8/02 meeting per Raul 5/1/02) Public
Works
m Transportation Development Fees Referred 6/16/99 (Status - 5/14/01 Staff to meet with
BIA and review proposed methodology for adjustments to the fees. NOt ready to go back to
Committee per Raul 5/1/02) Public Works
m Shellabarger Road Referred 3/15/00 (Status - On Hold per Councilmember Couch pending
development of alternatives) Public Works
a Dust Control Development Streamlining Task Force (Status - Streamlining Committee
needs to meet to review research on dust control measures for certain soil types., review
of ordinance changes submitted by attorney - waiting on additional information from Dr.
Paulson and Attorney so Streamlining Task Force can meet.) John Stinson / Development
Stream lining Task Force
a City/County drilling requirements Referred 8/3/00 (Status 11/5/01 Planning
Commission reviewed proposed ordinance and it is being sent to Council for adoption per
Hardisty 5/1/02) Planning
la Downtown Business and Property Owners Association . Vision Committee - Referred
10/22/99 High Speed Rail Referred 3/14/01 (StatUs - they have made three presentations
before the committee re. traffic circulation and parking, and high speed rat[. 5/14/01 Put
High Speed Rail on Joint City/County meeting Agenda for next meeting - Item still being
reviewed by Joint City/County group) Public Works / ED/CD
la Leaf Blowers - Referred 11/04/99 by Benham (Status - staff preparing information on
citizen and industry concerns, costs and noise issues for 1/14/02 meeting - item done per
Couch)Trudy/Attorney
~1 ~ ~iiiiii ~iii!iiiii ~ Referred 6/27/01 Couch (Status- need
direction from Committee, issues re. wall heights and other standards on hold per Couch)
Planning
la ~i~ ~i~i - Referred 7/18/01 Benham (Status -Benham
requested the Urban Development Committee look into the issue of landscape ordinance
enforcement.) Planning
la Minimum Residential Lot Sizes - Referred 9/19/01 by Couch (Status - need direction from
· Committee, Planning to meet with Developers and Rea[ Estate professionals - On hold per
Couch?) Planning
la NV.John Decker - Concerns re. Development in East Bakersfield - Referred 12/12/01 by
Maggard (Status - Mr. Decker no longer interested in issue as he is satisfied with current
zoning and allowed uses after talking with staff per Hardisty - Item done?)
~i~ii'~!~:i~:~s - Referred / /02- (Status- went to Committee Aprit 8, staff to come
back with research re. ctosin~ Eye Street and makin~ it a pedestrian matt.) Public Works
i!i~iiii~ ~iii~ii~ii:i iiii~?iii~iii~ii~iiii!~. Referred 3/20/02- Couch
(Status - was reviewed by Committee at 4/8/02 meeting. Staff provided information on
Brea ptan and witt brin~ this back to Committee for further discussion.)
CITY HALL EXPANSION
PROPOSAL
EXECUTIVE SUMMARY
In an effort to make City government more efficient and to facilitate growth, staff was
asked to develop alternative proposals to consolidate the various City buildings into one
central location. Currently, City services are housed in several different buildings
Hall and Hall Annex located at 1501 Truxtun Avenue, the
including
existing
City
City
Police Department located at 1601 Truxtun Avenue, Development Services located at
1715' Chester Avenue, Economic and Community Development located at 515 Truxtun
Parks 01 Truxtun Avenue and the Water
Avenue,
Recreation
and
at
41
Department
located at 1000 Buena Vista Road. Excluded from this list is the Fire Department which
is housed in a number of individual stations sites throughout the City and the
Corporation Yard which houses various maintenance and operations
functions.
Each of the aforementioned buildings contain public counter space, conference rooms
and other common work areas that if consolidated could result in a much more efficient
use of space. In addition, public convenience would be greatly enhanced by a central
location making it a truly "one stop" facility. For purposes of this report, space needs for
growth in the Police Department will be facilitated through building additions to its
existing facility.
The attached report proposes to consolidate six (6) buildings (City Hall, City Hall Annex,
Development Services, EDCD, Recreation and Parks and Water) into one central
location. Currently these building house 298 employees. It is anticipated that this
number will grow to approximately 450 employees in 20 years. Space and facility
needs, for a City Government facility that houses 450 employees equates to
approximately 220,000 square feet of space and 700 parking spaces.
Several alternatives were explored including rebuilding on the existing City Hall site with
a new larger building, building a new City Government District consistent with that
envisioned in the Downtown Charrette process, constructing a City Hall complex with a
"campus style" arrangement, purchasing an additional building downtown and possibly
constructing a series of skybridge interconnections between the individual buildings and
acquiring the downtown Mercy Hospital site and converting it to City Hall.
The following report will outline each alternative including costs for land acquiSition (if
necessary), buildings and parking.
ALTERNATIVE NO. 1 - NEW CITY HALL ON EXISTING SITE
I
i PROPOSAL DESCRIPTION
This proposal in general, consists of removing the existing City Hall and Annex
i buildings and replacing them with a new single building approximately 220,000 square
feet in size. The new City Hall building would house the following departments:
· Mayor and City Council
i · Executive
· Financial
· Attorney
i · Public Works
· Development Services
· EDCD
I · Water
· Recreation and Parks
I Space needs for growth in the Police Department wOuld be provided by a series of two
20,000 square foot additions to its existing building.
IA parking structure consisting of 700 spaces would be constructed within the existing
parking lot for City Hall. This new structure would provide necessary parking for all City
Hall and Police Department needs for the next 20 years.
I Alternate No. 1 would require all of existing departments utilizing the current City Hall
complex to relocate for approximately 18 to 24 months. Therefore, costs associated
Iwith moving twice (to temporary facility and back) as well as lease costs for up to two
years must be considered. In addition, establishing a temporary City Hall location may
present logistical issues that must be addressed prior to the move.'
I COSTS
I New City Hall cost estimate
1. Leasing space and move expenses $ 3,000,000
2. Demolition of existing buildings $ 3001000
I 3. New City Hall (220,000 sf @ $185/sf) $40,700,000
4. Police Expansion (40,000 sf @ $220/sf) $ 8,800,000
5. Parking Structure (700 spaces @ $8,000/space) $ 5,600,000
I. Sub-total $58,400,000
i Design & Contingency (25%) $14,600,000
Total $73,000,000
!
!
ALTERNATIVE NO. 2 - NEW CITY HALL AS ENVISIONED BY
DOWNTOWN CHARRETTE (SINGLE BUILDING APPROACH)
PROPOSAL DESCRIPTION
This proposal in general, consists of acquiring a number of blocks downtown and
constructing a new City Hall building within a "Government District". The area that has
been identified within downtown is generally bounded by 20th Street to the north, Q
Street to the east, Truxtun Avenue to the south and N Street to the west.
The new City Hall building would house the following departments: · Mayor and City Council
· Executive
· Financial
· Attorney
· Police
· Public Works
· Development Services
· EDCD
· Water
· Recreation and Parks
An underground parking structure consisting of 700 spaces would be constructed south
of the new City Hall building which would have a park and water element overhead.
This new structure would provide necessary parking for all City Hall and Police
Department needs for the next 20 years.
COSTS
New City Hall cost estimate
1. Land acquisition $ 10,000,000
2. Demolition of existing buildings $ 500,000
3. New City Hall (335,000 sf @ $220/sf) $ 73,700,000
4. Police Garage and Communications $ 2,000,000
5. Parking Structure (700 spaces @ $8,000/space) $ 5,600,000
Sub-total $ 91,800,000
Design & Contingency (25%) $ 22,950,000
Total $114,750,000
Say $115,000,000
ALTERNATIVE NO. 3 - NEW CITY HALL AS ENVISIONED BY
DOWNTOWN CHARRETTE (CAMPUS BUILDING APPROACH)
PROPOSAL DESCRIPTION
This proposal in general, consists of acquiring a number of blocks downtown and
constructing a new City Hall building within a "Government District". The area that has
been identified within downtown is generallY bounded by 20th Street to the north, Q
Street to the east, Truxtun Avenue to the'south and N Street to the west.
The new City Hall bUilding would house the following departments: · Mayor and City Council
· Executive
· Financial
· Attorney
· Police
· Public Works
· Development Services
· EDCD
· Water
· Recreation and Parks
The approach would construct a main City Hall to house most
campus
building
departments. The Police Department would be housed in a separate building. Public
works and Development Services would be housed in another separate building.
An underground parking structure consisting of 700 Spaces would be constructed south
of the new City Hall building which would have a park and water element overhead.
new provide necessary parking for all City Hall and Police
This
structure
would
Department needs for the next 20 years.
COSTS
New City Hall cost estimate
1. Leasing space and move expenses $ 15,000,000
2. Demolition of existing buildings $ 700,000
3. New City Hall (220,000 sf @ $185/sf) $ 40,700,000
4. Police Department (115,000 sf @ $220/sf) $ 25,300,000
5. Police Garage and COmmunications $ 2,000,000
6. Parking Structure (700 spaces @ $8,000/space) $ 51600,000
Sub-total $ 89,300,000
Design & Contingency (25%) $ 22,325,000
Total $111,625,000
Say $112,000,000
ALTERNATIVE NO. 4- EXPAND CITY HALL BY PURCHASING
EXISTING DOWNTOWN BUILDINGS & INTERCONNECTING
THEM WITH SKY-BRIDGES
PROPOSAL DESCRIPTION
This proposal in general consists of acquiring additional existing buildings nearby to
current City Hall and development services locations. All buildings could then be
interconnected with a series of sky-bridge walkways enhancing public convenience.
The buildings that would be available to purchase will yield approximately 45,000
square feet of office space. Construction will consist of the police expansion,
interconnecting sky-bridge, tenant improvements to the buildings to be purchased and a
parking structure.
Based upon logistics of interconnecting various buildings, staff does not recommend
this alternative to be considered further, however, most estimations have been provided
for comparative services.
COSTS
New City Hall cost estimate
1. Building Acquisition $ 4,000,000
2. Police Expansion (40,000 sf @ $220/sf) $ 8,800,000
3. Parking Structure (700 spaces @ $8,000/space) $ 5,600,000
4. Tenant Improvements (45,000 sf @ $25/sf) $ 1,120,000
5. Sky-Bridges $ 6,000,000
Sub-total $ 25,520,000
Design & Contingency (25%) $ 6,380,000
Total $ 31,900,000
Say $32,000,000
ALTERNATIVE NO. 5- ACQUIRE DOWNTOWN MERCY
HOSPITAL SITE AND CONVERT TO NEW CITY HALL
PROPOSAL DESCRIPTION
This proposal would entail acquisition of the existing downtown Mercy Hospital site and
converting it into City Hall. Mercy Hospital has over 390,000 square feet of building with
almost 1,000 available parking spaces. The proposal would, in essence, trade existing
City buildings for the Mercy site, thereby precluding the need to purchase land.
Improvements to the Mercy site would include tenant improvements, police garage,
communications and a new Council chamber.
COSTS ·
New City Hall cost estimate
1. Tenant improvements (391,744 sf @ $25/sf) $ 9,793,600
2. Police garage and communications $ 2,000,000
3. City Council Chamber (5,000 sf @ $300/sf) $ 1,500,000
. Sub-total $13,293,600
Design & Contingency (25%) $ 3,323,400
Total $16,617,000
Say $17,000,000
Cost to acquire hospital approximately $18-36 million
ALTERNATIVE NO. 6 - NEW CITY HALL ON EXISTING SITE
PROPOSAL DESCRIPTION
This proposal in general, consists of constructing a new Police Station with room to
meet growth need, consolidating City Hall functions into the existing Police building City
Hall and Annex buildings and expanding the existing Police building to meet growth
needs. The new City Hall would be comprised of a series of buildings intemonnected
with sky-bridges and house the following departments:
· Mayor and City Council
· Executive
· Financial
· Attorney
· Public Works
· Development Services
· EDCD
· Water
· Recreation and Parks
Space needs for'growth in the Police Department would be provided by a new Police
Station located within the downtown area.
A parking structure consisting of 500 spaces would be constructed within the existing
parking lot for City Hall. This new structure would provide necessary parking for City
Hall needs for the next 20 years.
COSTS
New City Hall cost estimate
1. Purchase Land for new Police Station $ 5,000,000
2. New Police Station (115,000 sf @ $220/sf) $25,300,000
3. Sky-Bridge interconnect $ 1,000,000
4. New Police shops $ 1,600,000
5. Parking Structure (500 spaces @ $8,000/space) $ 4,000,000
Sub-total $36,900,000
Design & Contingency (25%) $ 9,225,000
Total $46,125,000
Say $47.000,000
New City Hall expansion(75,000 sf @ $185/sf) $13,875,000
SUMMARY
Note that Alternatives 2 and 3 do not include revenue we would receive from the sale of
existing buildings. It is anticipated that the sale of City Hall, the Annex, the Police
Department, Development Services, EDCD, and the Water Department may yield
approximately 17 million dollars which would be deducted from overall costs. The
following will summarize each alternative costs for comparative purposes.
Alternative 1
New City Hall on Existing Site $ 73,000,000
Alternative 2
New City Hall as Envisioned by Downtown
Charrette (Single Building Approach) $115,000,000
Alternative 3
New City Hall as Envisioned by Downtown
Charrette (Campus Building Approach) $112,000,000
Alternative 4
Expand City Hall by Purchasing Existing
Downtown Buildings & Interconnecting
Them with Sky-bridges $ 32,000,000
Alternative 5
Acquire Downtown Mercy Hospital and
Convert to New City Hall $ 17,000,000
Alternative 6
New Police Station and expand City
on Existing Site $ 47,000,000
Hall
Metastorm e-work client f~-.. "(~" Page 1 of 1
Council Referral .Entry ....
Requestor: I David Couch *__.j Ward: 14 "1 Created On:
Council Meeting Date: j3/20/2002 j~/22/2002 .
Created By:
Requested Completion Date: 13/28/2002 tkturner
(The Requested Completion Date is usually six working days following the Council Meeting Date.)
Short Description:
Ji::)EVELOPER INCENTIVES (Five words or less.)
Long Description:
***DUAL REFERRAL TO URBAN DEVELOPMENT AND ED/CD - URBAN DEVELOPMENT
LEAD***
STAFF IS REQUESTED TO EXPLORE DIFFERENT METHODS OF INCENTIVES FOR ',
DEVELOPERS AND TO PROVIDE A DRAFT LIST OF IDEAS AND PRESENT TO THE
URBAN DEVELOPMENT COMMITTEE FOR REVIEW.
.~ad:
Route To:
R1 I U;'ban Development Comm. ~ j~
R2 j~D)CD ~ Attachment A Attachment S
A~achment C A~achment D
Optional Citizen Contact information
Print Fo~ ~
Name: Name:
I
Address: Address:
Phone: Phone:
http://ew~rk/scripts/~Web.d~~/Acti~nF~rm?Acti~n=Edit%2~%26%2~Appr~ve&F~~der~D=[... 3/22/2002
ADMINISTRATIVE REPORT
I
MEETING DATE: March 20, 2002 I AGENDA SECTION: Consent
I
ITEM: 8.cc.
I
TO: Honorable Mayor and City Council APPROVED
FROM: Development Services - Planning DEPARTMENT HEA~_,~~-~ .~.--
DATE: March 4, 2002 CITY ATTORNEY
CITY MANAGER ~'~'~'
SUBJECT: Urban Development Committee Report Number I - 02 regarding recommendation to refer
ordinance amendments related to oil drilling and production to the Planning Commission for
public hearings. (All Wards)
RECOMMENDATION:
The Urban Development Committee recommends acceptance of the report and referral of the draft
ordinances to the Planning Commission for hearing and recommendation.
BACKGROUND:
The Urban Development Committee met on January 14, 2002 and February 11, 2002, and voted
unanimously to forward a recommendation to the City Council to refer ordinance amendments related
to oil drilling and production to the Planning Commission for public hearings.
The Committee reviewed proposed ordinance amendments the Planning Commission has been
considering over the past few months. The revisions were first reviewed by a sub-committee of the
Planning Commission. The sub-committee met 4 times between August 2001 and November 2001.
Oil and building industry representatives attended these sub-committee meetings. In summary, the
proposed amendments are:
Chapter 15.66 (Drilling for and Production of Petroleum):
Standards from Chapters 15.67 (Oil and Gas Production), 17.46 (Drilling Island Zone) and
17.47 (Petroleum Extraction Combining Zone) have been integrated into Chapter 15.66
(Drilling for and Production of Petroleum). ltalic represents text from Chapter 15.67. ltalic
underline represents new text.
Chapter 15.67 (Oil and Gas ProductionS:
Proposed to be merged with Chapter 15.66. Chapter 15.67 would be deleted.
ADMINISTRATIVE REPORT Page2
Chapter 17.46 (Drilling Island Zone):
Removed provision that limited application of this zone to areas annexed since 1998.
Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply.
Chapter 17.47 (Petroleum Extraction Combinino Zone):
Removed provision that limited application of this zone to areas annexed since 1998.
Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply.
Title 16 Subdivisions:
Amendment to increase public hearing notice requirement to notify operators of record on file
with DOGGR.
Require 305 foot minimum lot frontage and width of drill sites located within subdivisions.
Chapter 17.64 CUPs:
Amendment to increase public hearing notice requirement to notify operators of record on file
with DOGGR.
In addition, the Urban Development Committee also recommended inclusion the following changes
for clarification in Chapter 15.66:
Page 8, Section I.:
Wells;-wel~ sites and production operations established prior to September 19, 1992,
may continue to operate pursuant to permits issued for them, shall be exempt from the
newprovisions of this chapter. However, significant changes or modifications that necessitate
new permits as required by the F-h-e-Mamh~ Director of Prevention Services, or desiqnee,
or B.Z.A., shall be required to comply with the provisions of this chapter, or obtain
modifiCations as permitted in Section 15.66.030(E).
Page 12, Section 19:
Site Restoration. Site restoration shall commence within 90 days upon completion of all drilling
and/or production activities or upon abandonment of the well site. Well abandonment will be
conducted in accordance with the regulations of the~,.,.,.,.,.'" "' '" D.O.G.G.R. Before final
abandonment, all drilling/production equipment shall be removed from the site. Fences shall
be dismantled, all signage removed, and the site regraded so as to break up impermeable
surfaces and fill in all sumps to restore the site as nearly as practicable to a uniform
grade. Temporary earthen sumps may be used for clean-out or remedial work on an
existing weft or other production facility. However, these sumps shaft be filled and the
site restored as nearly as practicable to a uniform grade within ninety (90) days after the
clean-out or other remedial work is completed. The Reqional Water Quality Control
Board also has additional jurisdiction over sumps ....
Page 13, Section 22:
... The front yard and street side yard setbacks of the zone district in which it is located
shall requlate the location of fencina.
ADMINISTRATIVE REPORT Page3
Page 14, Section 2:
...The front yard and street side yard setbacks of the zone district in which it is located shall
regulate the location of the wall.
There has been no public opposition to referring these amendments to the Planning Commission for
public hearing. The Planning Commission has scheduled a public hearing for testimony on these
amendments for their April 4, 2002 Planning Commission meeting. Oil and building industry
representatives will be notified of the hearing date. Upon conclusion of the hearing, the Planning
Commission will make a recommendation to the City Council.
JENG
(admin~rnar~3-4-oil)
CITY Of BAKERSFIELD
URBAN DEVELOPMENT COMMITTEE
REPORT NUMBER 1 - 02
MARCH 20, 2002
TO: HONORABLE MAYOR AND CITY COUNCIL
SUBJECT: REFERRAL OF ORDINANCE AMENDMENTS RELATED TO OIL DRILLING
AND PRODUCTION TO THE PLANNING COMMISSION FOR PUBLIC
HEARINGS
The Urban Development Committee met on January 14, 2002 and February 11,
2002, and voted unanimously to forward a recommendation to the City Council to refer
ordinance amendments related to oil drilling and production to the Planning Commission for
public hearings. A copy of the entire text of changes is attached.
Chapter 15.66 (Drilling for' and Production of Petroleum):
Standards from Chapters 15.67 (Oil and Gas Production), 17.46 (Drilling Island
Zone) and 17.47 (Petroleum Extraction Combining Zone) have been integrated
into Chapter 15.66 (Drilling for and Production of Petroleum). Italic represents
text from Chapter 15.67. Italic underline represents new text.
Chapter 15.67 (Oil and Gas Production):
Proposed to be merged with Chapter 15.66. Chapter 15.67 would be deleted.
Chapter 17.46 (Drilling Island Zone):
Removed provision that limited application of this zone to areas annexed since
1998. Proposed amendment allows zone to apply city-wide. Standards of
Chapter 15.66 apply.
URBAN DEVELOPMENT COMMITTEE
REPORT No. 1-02
MARCH 20, 2002
PAGE 2
Chapter 17.47 (Petroleum Extraction Combining Zone):
Removed provision that limited application of this zone to areas annexed since
1998. Proposed amendment allows zone to apply city-wide. Standards of
Chapter 15.66 apply.
Title 16 Subdivisions:
"- Amendment to increase public hearing notice requirement to notify operators of
record on file with DOGGR.
Require 305 foot minimum lot frontage and width of drill sites located within
subdivisions.
Chapter 17.64 CUPs:
Amendment to increase public hearing notice requirement to notify operators of
record on file with DOGGR.
In addition, the Urban Development Committee also recommended inclusion of
the minor changes contained in the attached memorandum from the Development Services
Department. These changes provide clarification to the text.
There has been no public opposition to referring these amendments to the
Planning Commission for public hearing. The Planning Commission has scheduled a public
hearing for these amendments for their April 4, 2002 meeting. Oil and building industry
representatives will be notified of the heating date. Upon conclusion of the hearing, the
Planning Commission will make a recommendation to the City Council.
URBAN DEVELOPMENT COMMITTEE
REPORT No. 1-02
MARCH 20, 2002
PAGE 3
Therefore, the Urban Development Committee recommends the City Council
refer the proposed oil drilling and production ordinance amendments to the Planning
Commission for public hearing and recommendation to the City Council.
Respectfully submitted,
Councilmember David Couch, Chair
Councilmember Sue Benham
Councilmember Mike Maggard
MEMORANDUM
February 8, 2002
TO: Urban Development Committee ~r~
FROM: Jack Hardisty, Development Services Di /
SUBJECT: Proposed Amendments to City Oil Welly Production-Related Ordinances
Following is a brief overview of the ordinance changes related to petroleum extraction.
Summary statements are followed by a summary comparison of existing, proposed and county
ordinances in table form.
Chapter 15.66:
Standards from Chapters 15.67 (Oil and Gas Production), 17.46 (Drilling Island
Zone) and 17.47 (Petroleum Extraction Combining Zone) have been integrated
into Chapter 15.66 (Drilling for and Production of Petroleum). Italic represents
text from Chapter 15.67. Italic underline represents new text.
Chapter 15.67:
Proposed to be merged with Chapter 15.66. Chapter 15.67 would be deleted.
Chapter 17.46 (Drilling Island Zone):
Removed provision that limited application of this zone to areas annexed since
1998. Proposed amendment allows zone to apply city-wide. Standards of
Chapter 15.66 apply.
Chapter 17.47 (Petroleum Extraction Combining Zone):
Removed provision that limited application of this zone to areas annexed since
1998. Proposed amendment allows zone to apply city-wide. Standards of
Chapter 15.66 apply.
Title 16 Subdivisions:
Amendment to increase public hearing notice requirement to notify operators of
record on file with DOGGR.
Require 305 foot minimum lot frontage and width of drill sites located within
subdivisions.
Chapter 17.64 CUPs:
Amendment to increase public hearing notice requirement to notify operators of
recOrd on file with DOGGR.
Proposed City Oil Well Production Related Ordinances
February 8, 2002
Page 2
COMPARISON TABLE
EXISTING CITY ORD. PROPOSED ORD. KERN COUNTY ORD.
BMC 15.6.6. BMC 15.66
A. Describes permit A. Same County19.98
classes depending on
zoning & distance from Provides similar standards
residence.
B. Centralized location for
B. Includes development operational standards from all
standards (setbacks, heights, zones for well drilling.
storage etc.)
BMC 15.67. BMC 15.67 County 19.98 (above)
A. Contains standards for A. This ordinance deleted Provides similar standards.
drilling operations, standards placed in 15.66 to ~
consolidate & centralize.
B. Only applies to areas
annexed after Jan.1, 1998. B. Can apply anywhere in City
BMC 17.46 BMC 17.465 County 19.98
(Drilling Island District)
^. Zone district specifically to A. Zone district
create drilling opportunities, purpose remains the same. City ord was copied from county.
Contains some standards.
Refers to 15.67 for B. Standards placed in 15.66 Ordinances essentially the same.
additional standards, to consolidate & centralized.
B. Only applies to areas C. Can be used anywhere in
annexed after Jan. 1, 1998 City.
I BMC 17.47 BMC 17.46 19.66
PE (Petroleum Extraction Zone)
A. Zone district specifically to A. Zone district purpose remains City PE ordinance was copied from
address development in oil the same. county.
fields where large
residential lots or commemial B. Standards placed in 15.66 to Ordinances essentially the same.
- development is planned, consolidate & centralize.
B. Contains standards. C. Can be used anywhere in the
City.
C, Only applies in areas annexed
after Jan. 1, 1998,
BMC Title 16 {Subdivisions) BMC Title 16 {Subdivisions) County
A. Contains requirements for A. Expands mineral rights interest
notice to mineral rights owners notice to operators based on County subdivision ordinance
& leases shown on title report. DOGGR information, does not contain special provisions
- for noticing mineral rights owners.
B. Provides subdivisions with B. Requires minimum Drill site
options on how to frontage of 305 ft.
accommodate drilling
operations (existing and C. Requires covenant within 250 ft.
future), of drill site.
BMC 17.64 County 19.98.040
(Conditional Use Permit) , CUP Drilling by CUP. No special
A. Provides for increased noticing A. Added Notice to operators as notice radius referenced.
radius for drilling operation provided by DOGGR. No added notice for operations.
CUPs..
" Proposed Oil Well and Production Related Ordinances
February 8, 2002
Page 3
There are also three changes staff recommends for clarification:
Page 8, Section I.:
WellsTwe~ sites and production operations established prior to
September 19, 1992, ma continue to o rate ursuant to traits issued
for them, shall be exempt from the new provisions of this chapter. However,
significant changes or modifications that necessitate new permits as required by
the ~n Services or des# nee, or B.Z.A.,
shall be required to comply with the provisions of this chapter, or obtain
modifications as permitted in Section 15.66.030(E).
Page 12, Section 19:
Site Restoration. Site restoration shall commence within 90 days upon
completion of all drilling and/or production activities or upon abandonment of the
well site. Well abandonment will be conducted in accordance with the
regulations of the ~. D.O.G.G.R. Before final abandonment, all
drilling/production equipment shall be removed from the site. Fences shall be
dismantled, all signage removed, and the site regraded so as to break up
impermeable surfaces and fill in all sumps to restore the site as nearly as
practicable to a uniform grade. Temporary earthen sumps may be used for
clean-out or remedial work on an existing well or other production facility.
However, these sumps shall be filled and the site restored as nearly as,
practicable to a uniform grade within ninety (90) days after the clean-out or
other remedial work is cOmpleted. The Reqional Water Quality Contro.I,
Board also has additional 'urisdiction over sum s ....
Page 13, Section 22:
... The front ard and street side ard setbacks of the ZOne district in which
it is located shall re ulate the location of fencin .
Page 14, Section 2:
...The front yard and street side yard., setbacks of the zone district in which it is
located shall regulate the location of the wall.
cc: Alan Tandy, City Manager
Bart Thiltgen, City Attorney
John Stinson, Assistant City Manager
JM:JH:djl
p:Wlemos\PropoSedOWPO.mem°.wPd
DRAFT # 3
Chapter 15.66
DRILLING FOR AND PRODUCTION OF PETROLEUM
Sections:
15.66.010 Purpose.
15.66.020 Definitions.
15.66.030 Permits.
15.66.040 Well site development standards.
15.66.050 Abandoned and idle wells.
15.66.070 Enforcement.
15.66.080 Development encroachment in petroleum areas.
15.66.010 Purpose. - --
It is the intent and purpose of this chapter to regulate the drilling, redrilling and recovery
of oil, gas and other hydrocarbons, including injection wells, so that these activities may be
conducted in a manner that: a) protects public health, safety and welfare; b) conforms with
established codes and regulations; c) minimizes the potential impact to property and mineral
rights owners; d) encourages drill site consolidation; and e) protects the quality of the
environment. This chapter provides local regulations for petroleum drilling and
production. These Operations are also subject to state and federal regulations
administered by those aqencies.
15.66.020 Definitions.
The terms set forth in this chapter shall have the meanings herein unless it is apparent
from the context that a different meaning is intended.
A. "Abandonment" means the permanent plugging of a well in accordance with the _
requirements of the Department of Conservation, Division of Oil, ~ Gas, and Geothermal
Resources of the State of California, the removal of all equipment related to the well, including
restoration of the drill site as required by these regulations.
B. "^.N.S.I." means the American National Standards Institute.
C. "A.S.T.M." means the American Society for Testing Materials.
D. "^.P.I." means the American Petroleum Institute.
E. "Blowout" means the uncontrolled riow of gas, liquids or solids (or a mixture
thereof) from a well on to the surface.
F. "Blowout preventor" means a mechanical, hydraulic, pneumatic, or other device
or combinations of such devices secured to the top of a well's casing including valves, riflings,
and control mechanisms connected therewith designed and capable of preventing a blowout.
S:UENG~Tiliel 5~UDC draft3~lraft3-amend 15-66.wpd
January 9, 2002 I
G. "Board of Zoning Adjustment" or "B.Z.A." means the Board of Zoning Adjustment
of the City of Bakersfield as defined in Title 2 of the Bakersfield Municipal Code.
H. "Cellar" means an excavation in which the wellhead is located.
I. "Completion of drilling" on a well site is deemed to occur for the purpose of this
code upon, (1) initiation of disassembly or removal of the drilling rig from any one well on the
drill site, (2) thirty days after setting of a well head on any one well on the drill site, or (3) thirty
days after the drilling equipment has been removed from the site. Completion has not occurred
if drilling, testing, or remedial operations are resumed on that one well before the end of any
thirty-day period.
J. "Derrick" means any framework, tower or mast together with all the
appurtenances to such structure placed over a well for the purpose of drilling, raising or
Iowedng pipe, casing, tubing or other drilling, completion production or injection tools or
equipment out of or into the well bore. '-
K. "Desertion" means the cessation of operations at a well site where suspension of
drilling operations and removal of drilling machinery has occurred where the operator cannot be
located or contacted, and no activity has taken place for at least six consecutive months, or
production equipment or facilities have been removed and no activity has taken place for at
least two consecutive years, unless the,.,.,.,.~."' "" '" D.O.G.G.R has granted an extension of time
pursuant to their regulations. This definition does not apply to observation wells.
L. "Division of Oil, o,---',,: Gas and Geothermal ResourceS' or ""',.,.,.,. ~"' '-'"
"D.O.G.G.R" means that division of the Department of Conservation of the State of California.
M. "Drill or Drilling" means to bore a hole in the earth for the purpose of completing
a well, exploration Or testing. Drilling includes all operations through the removal of the
ddlling equipment from the drill site.
N. "Drill site" means the land required to'be reserved in accordance with
.... Section 15.66.080 C. as part of a rezoning, subdivision or other development for future
drilling and/or production operations.
0.~. "Drill island" means the discrete area zoned Drilling Island (DI) District in
accordance with Chapter 17.46 of this Code.
P.._N. "Dwelling" means any building or portion thereof providing living facilities for one
or more persons, including permanent provisions for sleeping, eating, cooking and sanitation,
and includes both single-family and multiple-family residential facilities.
Q.e. "Gas" means the gaseous components or vapors contained in or derived from
petroleum or natural gas.
_R ~ "Grade" (adjacent ground elevation) means the lowest point of elevation of the
finished surface of the ground, paving or sidewalk within the area between the structure and the
property line or, when the property line is more than five feet from the structure,
between the structure' and a line five feet from the structure.
S:~IENG~TItIel~UDC draft3~draft3-amend 15-66.wpd
January 9, 2002 2
S~ Q. "Hazardous well'' means an oil or gas well that presently poses a danger to life,
health, or natural resources as determined by the D.O.C.D.O.G.G.R under the provisions of
the Public Resources Code.
T. R:. "Idle well" means a well for which production has been suspended for a minimum
of five consecutive years, except any well being held for future programs, including those being
retained for use under a secondary or tertiary recovery plan or for disposal, which has been
approved by the '-',.,.,.,.,.~.'" '" D.O.G.G.R but has not been abandoned or deserted as defined in
this code and by the D.O.G.D.O.G.G.R. This definition does not apply to observation wells.
U. S:. "Lessee" means the party possessing the right(s) to drill, develop and produce
oil, gas or other hydrocarbons from the subsurface of land with said right(s) being specifically
conveyed by a written oil, gas, mineral or surface lease.
_V. :F:. "Lessor" means the party owning an interest in and to any oil, gas or other
hydrocarbons as may be produced from a tract of land who has conveyed the right(s) to drill,
develop and produce said substances to another party (lessee) by a written oil, gas, mineral or
surface drilling rights lease. This party may or may not be the surface owner.
W. U:. "Maintenance" or "Maintain" means the upgrading, repair, cleaning, upkeep and
replacement of parts of a structure and equipment. Maintenance of a structure ~
does not alter or lessen the character, strength, or stability of the structure.
X. M:. "N.F.P.A." means the National Fire Protection Association.
Y. W:. A "Noise sensitive receptor" is a land use associated with human activities which
is particularly sensitive to noise. Examples of noise sensitive receptors include hospitals,
libraries, schools, residential uses, and those uses deemed noise sensitive by the City Council,
Planning Commission or Board of Zoning Adjustment.
Z. ~ An "Observation Weli" is a well bore for the purpose of observing petroleum
reservoir characteristics, including but not limited to, temperature,, saturation, pressure, and
fluid movement; as recognized by the D.C.G. D,O,G.G,R.
AA. -Y-:. "Operator" means person, including corporations, partnerships and associations,
whether proprietor, lessee, contractor, or agent or officer of the same, in charge of or in control
of the drilling, maintenance, and operation of a well or wells as shown on the permit application.
BB. ~. "Petroleum" means and includes any and all hydrocarbon substances found in a
natural state, including but not limited to crude oil, natural gas, natural gasoline, and other
related substances.
CC. A~. "Petroleum lease" means a property right with respect towhich a lessee
enjoys the right to drill, develop, produce and possess petroleum resources for a determinable
period. May also be referenced as a subsurface lease or mineral rights lease.
DD. BB. "Production operation" means and includes all oil or gas recovery
activities following completion of drilling, reddlling or testing of a well.
S:~JENG~TIIJe 15~UDC draft3~raft3-amend15-66.wpd
January 9, 2002 3
E£. CC. "Public assembly" refers to a building, structure or site, or portion thereof,
for the gathering together or accommodation of 50 or more persons for such purposes of
deliberation, education,-werk'shop worship, entertainment, lodging, medical care, amusement,
drinking and dining, or awaiting transportation.
FF'. DD. "Redrilling" means any drilling operation, including deviation from original
well bore, to recomplete the well in the same or different geologic zone, excluding sidetracking.
GG. EE. "Remedial" means any work on a well, other than drilling or redrilling.
HH. FF. "Sidetracking" means drilling, excluding substantial deviation from the
original well bore to recomplete a well in the same or different geologic zone.
I1_ GG. "Sump" means a lined or unlined, covered or uncovered excavation pit which
holds petroleum or other liquids incidental thereto, or solids associated with drilling or
production operations.
JJ. HH. "Tank" means a strUcture or container, with a minimum volume of 60
~_allons. used in conjunction with either the drilling or production of a well used for holding,
storing, or treating liquids or solids, or otherwise associated with drilling or producing
operations.
KK. · "Uniform Building Code" or "U.B.C." means the most recent edition of the
Uniform Building Code as adopted by the City of Bakersfield.
LL. JJ. "Uniform Fire Code" or "U.F.C." means the most recent edition of the
Uniform Fire Code as adopted by the City of Bakersfield.
MM."",,,,. "Well" means any hole drilled into the earth for the purpose of exploring
for or producing oil or gas; injecting fluids or gas for stimulating oil or gas recovery; repressuring
or pressure maintenance of oil or gas reservoirs; disposing of oil field waste fluids; seismic
testing; or any hole ddlled into the earth within or'adjacent to an oil orgas pool for the purpose
of observation of subsurface conditions.
NN. LL. "Well servicing" means and includes remedial or maintenance work or
work performed to maintain or improve production from an al.ready producing facility.
OO. MM. "Well site" means that surface area used for oil or gas drilling or
extraction operations, for injection injectmns purposes in enhanced petroleum recovery
operations after drilling is completed and oil and gas recovery activities following completion of
drilling or redrilling of a well. A well site may include one or more wells.
15.66.030 Permits.
A. No person shall ddll, operate or maintain any well or well site for petroleum, natural
gas, or related drilling, nor operate or maintain any production operation without first obtaining a
permit. Applications for drilling/proi~uction permits shall be made in writing to the
Director of Prevention Services, or designee, on such forms as provided by the Director.
Permits are classified as follows:
S:UENG\Title15\UDC draft3~draff3-amend 15-66.wpd
January 9, 2002 4
1. Class 1 - the well site and/or production operation is:
(a) Within an area zoned for residential development; or
(b) Located less than 500 feet from a dwelling except those for use by a
caretaker or night security on the same parcel, or public assembly as
defined in this chapter.
2. Class 2 - the well site and/or production operation is:
(a)Within an area zoned for commercial, light manufacturing or open space,
or
(b) Located between 500 and 1,000 feet from a dwelling unit except those for
use by a caretaker or night security on the same parcel, or public
assembly as defined in this chapter, provided no well or related structure
for production is located less than 500 feet from said uses. . .
3. Class 3 - the well site and/or production operation is:
(a) Within an area zoned for general manufacturing, heavy manufacturing, or
agricultural, or is within the primary floodplain pursuant to the restrictions
in Section 15.66.030 B.I., or the secondary floodplain, provided no well
or related structure for production is located less than 500 feet from a
dwelling except those for use by a caretaker or night security on the
same parcel, or public assembly as defined in this chapter; or
(b) Located within the state approved boundaries of the following state
designated oil fields as defined by the state D.O.C.D.O.G.G. FL,
regardless of the zone district or distance from dwellings or public
assembly uses as defined in this chapter.
(i) Kern River Oil Field (,.,.,..,.~."' '" '" D.O.G.G.R. Map 457).
(ii) Kern Bluff Oil Field ( D.O.C.D.O.G.G.R. Map 439).
(iii) Portion of the Fruitvale Oil Field encompassing Section 27, T295,
R27E, north of the Cross Valley Canal ( D.O.C.D.O.G.G.R. Map
435).
12 T"'-'"' '-'"'~'- ,,.., ,., ,-, ,,__ A~.~,
S:~JENG~oil\UDC~draft3-amend 15-66.wpd
February 22, 2002 5
(c) An area zoned DI (Drilling Island District) zone or PE (Petroleum
Extraction Combining District) zone.
B. Well sites and/or production operations shall be prohibited in the following areas
in the city:
1. Primary floodplain of the Kern River, except that area located
within the state approved boundary of the Kern River oil field as
delineated on Map 457 of the~,.,..,.~.'" '" "' D.O.G.G.R.
C. App,,,.om.,, ,o:--- f,~, u, ,,,,, ,~, p,,.,,~,~,.,,~,, ........................ p~,,, ,,Lo:'- o, ,o,, ~,~ made ~n .... vv, ,,,:':--,~ t,., '~'-~, ,~ ,'-irc'
r:,r~ I ...... not ~- :
Marsh°: -- such ' .............. " .............. '" ........ : - -
.........- -':':---' .... ' ............ the '~ ---'~ -' Zon' g A .~: ........ ,,~ -, ^ , ............
u, ,,, c: ,.,,.,, ,,.m,,.,, ,o, uo~ permit,o ,-,,.,o, u ,.,, in
~m(~ml[~:;u uy Ic;,,I. I,[J./...rn,.I
'"'- ....... '"' "' ...... ' ........ :- he&F:lFig ..... b ......... '~ .......... pFC, pe~y ........
.... of th6 he&r:,n§ ^-*'
........ I """ ' ..... the prope~y .... cont~-.~nin§ .......... ;
.... chapter for - '" .... I perm' Atta:,nmant - perm[ts pursuant to "-:
Il IlO 0 rIO00 ii. Uf I.I IlO ~l IOp&~;;L: ~.~J~;° I
C. Drilling by conditional use permit ^ --':--':--- '-- ~ .... : ........... :
· ~pplm,,..C~Lm~l iO m~, UI limml I~/pm ~Uu~Lm~m
Class 1 permits shall not be issued until a conditional use permit is granted by the Board of
Zoning Adjustment (B.Z.A.) pursuant to Chapter 17.64 (Modifications, Conditional Use
Permits, Amendments and Aec)eels). Any conditions required under the conditional use
permit shall be in addition to those imposed by this chapter for a Class 1 permit. The B.Z.A.
may modify any condition set forth in the development standards and conditions if it
determines that there will be no material detriment to the public welfare or safety of
persons and property located.within fhe-vicini~ a reasonable distance of such a well.
1_ In addition to the application requirements for a conditional use permit
pursuant to pursuant to Chapter 17.64 (Modifications, Conditional Use
Permits, Amendments and Appeals). an applicant shall also submit the
following:
a. A plot plan or site development plan drawn at the scale specified by
the Planning Director, which includes the following information:
L Topography and proposed grading.
#. Location of all proposed well holes and related accessory
equipment, structures, and facilities to be installed and any
abandoned wefts if such are known to exist.
iii. Location of all existing dwellings and buildings used for
other purposes, located within three hundred (300) feet of the
proposed well holes, identification of the use of each
structure, and distances between well holes and existing
buildings.
S:gENGtTiflel 5\UDC draff3~draft3-amend15-66.wpd
January S. 2002 6
iv. North arrow.
b. Narrative description of the proposed development, including:
i. Acreage or square footage of the property.
ii. Nature of hydrocarbon development activity.
iii. Description of equipment to be used, includinci hei.clht of
derrick.
iv. Distance to all existing buildings.
v. Phasing or development schedule.
.... c_ A copy of the letter, or other official documentation,..from
D.O.G.G.R. containing the name and address of the operator of
record, if any, as shown in D.O.G.G.R. records as of 30 days prior to
the date the conditional use permit application is submitted to the
Plannin.q Department or a written statement from D.O.G.G.R. that
there is no party of record with D.O.G.G.R. relative to the subject
site.
d. Additional information may be required, as part of an application for
a Conditional Use Permit, as provided in Chapter 17.64
(Modifications, Conditional Use Permits, Amendments and
Appeals).
2. Notice of the public hearing shall be expanded to include property owners within
1,000 feet of the property line containing the well site subject of the hearing and
the operator of record as shown in D.O.G.G.R. records as of 30 days of the
date of application for a conditional use permit.
3. If a producing well or service well is not commenced upon land subject to
said conditional use permit within twelve (12) months from the date of . _
issuance of the conditional use permit, or within any extended period
thereof, the conditional use permit shall expire and the premises shall be
restored as nearly as practicable to its original condition. No permit shall
expire while the permittee is continuously conducting drilling, redrilling,
completing or abandoning operations, or related operations, in a well on
the lands covered by such permit, where operations were commenced
while said permit was otherwise in effect. Continuous operations are
operations suspended not more than thirty (30) consecutive days. If, at the
expiration of the twelve (12) month period, the permittee has not completed
the drilling program on the lands covered by such permit, the Plefttti~
~ Board of Zonin.q Adjustment may, upon a written request of
the permittee, extend the permit for the additional time requested by the
permittee for the completion of such drilling program.
S:UENG~TiIJel 5~UDC draft3~raff3-amend15-66.wpd
January 9. 2002 7
4. Any permit issued pursuant to the provisions of this Chapter Section
15.66.030 (C) may be revoked or modified pursuant to Section 17.64.060
(H).
D. The owner or operator of any well permitted by this Chapter, shall provide the
Fi~e-Mamh~ Director of Prevention Services, or designee, a copy of the written notice to
the P_,.C,.G.D.O.G.G.R. of the sale, assignment, transfer, conveyance, or exchange by the
owner or operator of the well within 30 days after the sale, assignment, transfer, conveyance, or
exchange. In addition, the owner or operator shall also acknowledge that they have notified the
new owner or operator of all existing terms and conditions of the city's permit.
E. Modification to any standards in this chapter sha~l may be approved by the
B.Z.A. pursuant to the provisions of Chapter 17.64.
F. Every permit issued by the Rf~-Mamh~ -. Director of Prevention Services, or -.
desionee, under the provisions of this chapter shall expire by limitation and become null and
void if the work authorized by such permit is not commenced within one year from the date of
such permit. Before such work can be recommenced, a new permit shall be first obtained to do '
so, to determine if the permit classification as defined in Section 15.66.030(A) has changed.
G. The Ffl'e-Mamh~ Director of Prevention Services, or designee, may, in
writing, suspend or revoke a permit issued under the provisions of this chapter whenever the
permit is issued in error on the basis of incorrect information supplied by the applicant which
results in there being a violation of any ordinance or regulation or any of the provisions of this
chapter.
H. Any city official or employee for the purpose of reviewing a permit application,
transfer of operation/ownership, complaint, compliance or any other investigation pursuant to
the chapter, shall have the right to enter upon the premises for inspection provided they give
prior notice of such to the operator.
I. Wells-welt sites and production operations established prior to September 19, , .
1992, shall be exempt from the provisions of this chapter. However, significant changes or
modifications that necessitate new permits as required by the Fim-Mamfl~ Director of
Prevention Services, or designee, or B.Z.A., shall be required to comply with the provisions of
this chapter, or obtain modifications as permitted in Section 15.66.030(E).
J. The city may impose fees to offset the costs associated with permit processing
and condition monitoring pursuant to Chapter 3.70.
K. Attainment of permits pursuant to this chapter does not relieve the applicant of
the responsibility in obtaining permits-as required by law from other local, state.or federal
agencies. All required Federal, State, County, and City rules and regulations shall be
complied with at ail times including, but not limited to, the rules and regulations of the
following agencies:
S:~JENG~Title15\UDC draft3~raft3-amend 15-66.wpd
January 9, 2002 8
1. Division of Oil, Gas and Geothermal Resources
2. City of Bakersfield Fire Department
3. Kern County Health Department
4. Regional Water Quality Control Board
5. San Joaquin Valley Unified Air Pollution Control District
15.66.040 Well site development standards.
A. Class 3 Permits - development standards:
1. Setbacks. No petroleum well shall be drilled nor shall any storage tank and other
production related structures be located within:
(a) Seventy-five (75) feet of the right-of-way of any dedicated public street,
highway, railroad or private street, or adopted specific plan line of any
street or highway;
(b) One hundred (100) feet of any building including dwellings, except
buildings incidental to the operation of the well;
(c) Three hundred (300) feet of any public assembly as defined in this
chapter;
(d) Twenty-five (25) feet of a storage tank or boilers, fired heaters, open
flame devices or other sources of ignition pursuant to the U.F.C.
2. Fire Safety. All drilling and production activities shall be subject to all fire and
safety regulations as required by the Rfe-Mamhat Director of Prevention
Services, or designee, pursuant to the U.F.C. Blowouts, fires, explosions and
other life threatening or environmental emergencies shall be reported
immediately to the Fire-Mamh~ Director of Prevention Services, or
desianee, and D.C.C.D.O.G.G.R.
3. Division of Oil and Gas and Geothermal Resources. All drilling and
production operations shall be subject to all regulations of the P_,.C.C.
D.O.G.G.R.
4. Production Operations. For producing sites, only storage of hydrocarbon
production, vapor recovery on storage vessels, dehydration and separation of
produced hydrocarbon products and other processes associated with production
are permitted unless otherwise required by the C.C.G.D.O.G.G.R. Ail
derricks, boilers, and other drilling equipment employed, pursuant to the
provisions of this Chapter, to drill any well hole or to repair, clean out,
deepen, or redrill any completed weft shaft be removed within ninety (90)
days after completion of production tests following completion of such
S :U ENG~Title 15~UDC draft3 .~lraft3-amend 15-66.wpd
January 9, 2002 9
drilling or after abandonment of any well, unless such derricks, boilers,
and drilling equipment are to be used within a reasonable time, as
determined by the P:~i;n:ng C:,~cto; Director of Prevention Services, or
designee, for the drilling of another approved well(s) on the premises.
5. Signs. Signs relating to drilling and/or production operations shall be limited to
directional and warning signs, and signs for identification of wells and facilities as
required by the U.F.C. and D.O.G.G.R to ensure employee and public safety.
Signs not related to said operations shall be subject to the provisions of Chapter
17.60.
6. Sanitary Facilities. Sanitary toilet and washing facilities shall be installed and
maintained at any well site and/or production operation where personnel are
stationed pursuant to the Kern County Health Department.
7. Equipment Storage. There shall be no storage at the well site of material,
: equipment, machinery or vehicles which is not intended for prompt use in ....
connection with petroleum operations. Any equipment or machinery not used for
a consecutive period of more than 60 days shall be removed from the site unless
a longer period is approved by the ~ Director of Prevention
Services, or designee, or the zone district in which it is located permits such
storage.
8. Derricks. Drilling derricks, if idle for a consecutive period of more than 60 days,
shall be lowered and removed from the site unless a longer period is approved
by the F.ire-Mers¢~ Director of Prevention Services, or designee. Any
derrick used for servicing operations shall be of the portable type, unless proof
is provided that the well is of such depth or has some other characteristics
such that a portable type derrick will not properly service such well. In
that instance, the P:~i;i;:i;g ,.,,, ~,,,~,, Director of Prevention Services, or
desic~nee. '"'" may approve the use of a standard type of derrick.
9. Grading and Drainage. Unless otherwise-required by the State Department of
Fish and Game or the U.S. Fish and Wildlife Service for those areas that they
deem environmentally sensitive, well sites, including vehicle parking and
maneuvering areas, shall be graded in a manner so that ponding will not occur.
Within ninety (90) days after any well has been placed in production, or
after its abandonment, earthen sumps used in drilling and/or production
(unless such sumps are to be used within a reasonable time as determined
'"" ......Director of Prevention Services, or designee, for
by the Pl~.~ii~g ,.,,, ~,.,~,,
the drilling of another well) shall be filled and the drilling site restored as
nearly as practicable to a uniform grade. Normal wetting or other dust control
procedures shall be employed throughout the grading period to control dust.
Upon completion of grading, the site shall be compacted and all.graded surfaces
either paved, covered with gravel of agregate base, treated with a dust binder, or
other method approved by the F-ire-Mm'shat Director of Prevention Services,
or designee. The Regional Water Quaflty Control Board may have some
/urisdiction relative to drainage and water quality.
S:UENG~oil~UDC~raft3-amend 15-66.wpd
February 22, 2002 10
10. Waste. Drainage containing drilling muds, cuttings, wastewater, waste oil,
grease and other oil field wastes found to be hazardous associated with
drilling and/or production including servicing, shall not be discharged into
or upon any streets, canals, storm drains or flood control channels. These
wastes shall be contained in leak-proof containers, lined earthen sumps or
other method as approved by the State Regional Water Quality Control
Board, to prevent contamination of potable groundwater supplies. Waste
areas shall be cleaned at intervals as required by the F/re,v,a,o, ~ ,_.A,._,,a, Director
of Prevention Services, or designee, with all wastes disposed of at an
appropriate authorized disposal site as regulated by the State of California.
a. Facilities for disposal of nonhazardous oilfield liquid waste, ~,,-,~,
production water and USEPA Class II wastes are considered an
accessory facility only if the facility complies with the following:
i. The nonhazardous oilfield liquid waste or production water is
- . produced and disposed of within the same.designated
oilfield; or
ii. The nonhazardous oilfield liquid waste or production water
disposed of outside the designated oilfield of origin is
produced by and disposed of solely and only by the same
individual, corporation, or entity.
11. Light and Glare. Lighting shall be limited to that necessary for safety and
security purposes and shall be directed away from adjacent properties and road
rights-of-way. All flares shall be shielded from adjacent properties and road
rights-of-way.
12. Blowouts. Protection against blowouts shall be provided in accordance with the
,-,.,..,.,.~. D.O.G.G.R. and U.F.C.
13. Storage Tanks. Storage tanks shall be in accordance with the "' '" '-'
D.O.G.G.R. and U.F.C. Whenever oil or gas is produced into and shipped
from tanks located on the premises, such tanks, whenever located within
five hundred (500) feet of any dwelling or commercial building, shall be
surrounded by shrubs or trees, planted and maintained to provide
attractive landscaping or be fenced in such a manner as to, insofar as
practicable, screen such tanks from public view. Such fencing shall
comply with the requirements of D.O.G.G.R.
14. Height. The height of all pumping units, excluding derricks, shall not exceed a
height of thirty-five (35) feet. All other structures shall be regulated by the zone
district in which they are located. All heights of structures shall comply with
Part 77 of the Federal Aviation Regulations of the Federal Aviation
Administration, Department of Transportation, or any corresponding rules
or regulations of the Federal Aviation Administration, as amended.
S:~JENG~oil\UDC~draft3-amend15-66.wpd
February 22, 2002 1 1
15. Site Condition. The well site and all associated structures shall be maintained in
a neat and clean condition at all times. Proven technological improvements
generally accepted and used in drilling and production methods shall be
employed as they become available if they are cost effective in reducing
nuisances or annoyances. Pumping units and storage tanks shall be painted.
Pumping wells shall be operated by electric motors or muffled internal
combustion engines.
16. Air Quality. Flaring, venting and odor control shall be subject to the regulations
of the San Joaquin Unified Air Pollution Control District, D.O.G.D.O.G.G.R.
and U.F.C.
17. Building Permits. Building permits, as required by the City Building Official, shall
be secured for all permanent structures to be used in connection with the
production and processing of hydrocarbon or related substances in conformance
with the U.B.C. Electrical permits shall be required for all electrical connections
for drilling and/or pumping units if electrical motors are utilized.
18. Vibration. Vibration from equipment shall not create a nuisance or hazard to
nearby land uses.
19. Site Restoration. Site restoration shall commence within 90 days upon
completion of all drilling and/or production activities or upon abandonment of the
well site. Well abandonment will be conducted in accordance with the
regulations of the D.O.G.D.O.G.G.R. Before final abandonment, all
drilling/production .equipment shall be removed from the site. Fences shall be
dismantled, all signage removed, and the site regraded so as to break up
impermeable surfaces and fill in all sumps to restore the site as nearly as
practicable to a uniform grade. Temporary earthen sumps may be used for
clean-out or remedial work on an existing well or other production facility.
However, these sumps shaft be filled and the site restored as nearly as
practicable to a uniform grade within ninety (90) days after the clean-out or
other remedial work is completed, The Regional Water Quaftt¥ Control
Board has jurisdiction over sumps. Prior to filling of sumps, all waste shall be
cleaned and disposed of at an appropriate authorized disposal site as regulated
by the State of California. Waste cleanup shall be to the satisfaction of the Kern
County Department of Environmental Health. The site shall be restored to the
surrounding condition, or to the satisfaction of the State Department of Fish and
Game or U.S. Fish and Wildlife Service for those areas that they deem
environmentally sensitive. Site restoration activities shall be completed within 90
days of commencement. Failure of permittee to comply with the site restoration
within a period of ninety days following the termination of any oil or gas
exploration activity or the abandonment of an existing well shall be called to the
attention of the permittee by a registered letter addressed to permittee at the
permittee's address as shown on the permit application. If, at the end of thirty
days after mailing of such letter no steps have been taken to comply with said
provisions of this section, the city shall proceed to effect said restoration.
Permittee shall be liable for all costs incurred by the city and no additional permit
shall be issued a permittee until payment of all such costs has been made.
S:~JENG\Title15\UDC draft3~raft3-amend 15-66.wpd
Janua~ 9, 2002 1 2
20. Floodplain Development. The ~ Director of Prevention Services,
or deskTnee, shall coordinate with the City Building Official to ensure wells
ddlled in the primary or secondary floodplain are consistent with the city's
involvement in the National Flood Insurance Program and with the requirements
of the State Department of Water Resources and Regional Water Quality
Control Board.
21. Vehicles. All vehicle parking and maneuvering areas shall be treated and
maintained with oiled sand or a similar dust binding material consistent
with regulations of the local air pollution control agency.
22. Fencing. Permanent chain-link fencing a minimum of six feet but not to
exceed eight feet in height with solid screening shaft be installed
encompassing the entire weft site as approved by the Director ot
Prevention Services, or desi.qnee. At least three strands of barbed wire
shall be mounted on top of the fence. This fence shaft be constructed of
chain link with wood or metal slats or other screening materials as may be
'~ · Director of Prevention Services, or
approved by the P:~;;i;#;g ,.,,, =,.-.,,
designee. This fencing and screening requirement shall apply only to those
pump sites located within five hundred (500) feet of any dwelling or in an
OS (Open Space) zone. Such fencing shall comply with the requirements of
D.O.G.G.R. The front yard setback of the zone district in which it is located
shall regulate the location of fencing.
B. Class 2 Permits - development standards:
1. Class 3 Requirements. In addition to the followin.q development standards,
Class 3 permit development standards set forth in Section 15.66.040 (A) shall
apply to all Class 2 permits.
-3 _2. Off-site Improvements. Where adjacent properties are similarly improved, within
180 days of commencement of commercial production or one (1) year from the
completion of drilling of any well on the well site, off-site improvements including
street paving, curbs, gutters, sidewalks, and related dedications for such
improvements shall be completed in accordance with the requirements of the
City Public Works Director.
43. Noise. Noise levels from any drilling and/or production operation shall not
exceed 65 dB(A) CNEL at the property line of a noise sensitive receptor, except
in a case of emergency. Exterior noise levels generated by drilling, redrilling, or
production operations shall be monitored as required by the City Building Official
to ensure conformance to the noise level standards. The costs of such
monitoring shall be bo~ne by the operator conducting such operation. Records of
the results of monitoring shall be maintained and provided to the City Building
Official upon request.
S:UENG~Title15~UDC draft3~lraft3-amend 15-66.wpd
January 9, 2002 13
54. Pipelines. Pipelines utilized for all petroleum related operations shall be buried a
minimum of three (3) feet below grade.
C. Class I Permits - development standards:
1. Class 3 Requirements. In addition to the followin~l development standards,
Class 3 permit development standards set forth in Section 15.66.040(A) shall
apply to all Class 1 permits.
2. Fencing. A solid masonry wall a minimum of six feet but not to exceed eight feet
in height of a color approved by the B.Z.A. consistent with adjacent or nearby
development, shall be installed encompassing the entire well site. Any additional
fencing required by the,.,.,-,.,-,."' '"' "' D.O.G.G.R. shall be inside the area enclosed by
the wall. The front yard setback of the zone district in which it is located shall
regulate the location of the wall.
3. Landscapinq. Landscaping shall be required along all street frontages of the well
site and around well site pursuant to Chapter 17.53.061 as required by the Board
of Zoning Adjustment under the approved conditional use permit. Landscape
and irrigation plans shall be submitted for approval to the B.Z.A. Landscaping
shall be designed to camouflage the full height of petroleum related structures,
with the exception of derricks, and create an aesthetically pleasing environment
managed in a healthy condition.
4. Off-site Improvements. Where adjacent properties are similarly improved, within
180 days of commencement of commercial production or one (1) year from the
completion of drilling of any well on the well site, off-site improvements including
street paving, curbs, gutters, sidewalks, and related dedications for such
improvements shall be completed in accordance with the requirements of the
City Public Works Director.
5. Vehicle Routes. Vehicles associated with drilling and/or production in excess of
three tons shall be restricted to those public road.s specified by the City Public
Works Director.
6. Work Hours. Truck deliveries of equipment and materials associated with drilling
and/or production, well servicing, site preparation, and other related work
conducted on the well site shall be limited to between the hours of 7 a.m. and6
p.m. Monday through Saturday, and prohibited on Sunday and all legal holidays,
except in cases of fires, blowouts, explosions and other emergencies where the
Fh~Vtarsh~ Director of Prevention Services, or desiqnee, and D.C.G.
D.O.G.G.R. were notified. Drilling activities shall be permitted 24 hours a day.
7. Noise. No drilling, producing, or other operations (including workover
operations) shall produce noise at the property line of a noise sensitive receptor
in excess of the following standards, with respect to these basic reference levels:
S:~JENG\TiUe15\UDC draft3~draft3-amend 15-66.wpd
January 9. 2002 14
BASIC REFERENCE LEVELS
7 a.m. to 10 p.m ............ 55 dB(A)
10 p.m. to 7 a.m ............ 50 dB(A)
a. Noise measurements and acoustical analysis shall be conducted by a
qualified acoustical consultant experienced in the fields of environmental
noise assessment and architectural acoustics. All costs associated with
said measurements and analysis shall be borne by the permittee.
Frequency of monitoring shall be determined by the B.Z.A.
b. All parts of a derrick above the derrick floor including the elevated portion
thereof used as a hoist, shall be enclosed with tire-resistive
soundproofing material. Such soundproofing shall comply with accepted
A.P.I. standards and shall be subject to fire department regulations. All
-- ~ ' doors and similar openings shall be kept closed dudng drilling operations,
except for ingress and egress and necessary logging, testing and well
completion operations. Alternative materials or methods of
soundproofing may be used, provided that such alternative has been
approved by B.Z.A. The B.Z.A. may approve any such alternative if they
find that the proposed matedal and method have equal sound proofing
properties and fire resistive qualities to the aforesaid specifications.
Either may require the submission of evidence to substantiate any claims
that may be made regarding the use of such alternative.
8. Pipelines. Pipelines utilized for all petroleum related operations shall be buried a
minimum of three (3) feet below grade.
15.66,050 Abandoned and idle wells,
A. Abandoned wells. The surface area of the site.shall be returned to its natural
condition including but not limited to cleaning all oil, oil residues, drilling fluids, muds and other
substances; leveling, grading or filling of sumps, ditches, and cellars including removal of all
lining materials to the satisfaction of the D.C.C. D,O,G,G,R. The permittee shall also be
responsible for repairing any streets, sidewalks or other public property that may have been
damaged in connection with any operation on the site, except for ordinary wear and tear of said
improvements, to substantially the same or better condition as existed before operations
commenced as determined by the City Public Works Director.
B. Idle wells. Whenever a well becomes idle as defined in this chapter, the Fife
Mamhat Director of Prevention Services, or desi~_ nee, shall send notice thereof by
registered mail, to the surface owner, mineral rights owner and lessee of land as shown on the
latest equalized assessment roll of the county, and permittee, that a request to abandon the
well will be sent to the D.O.C.D.O.G.G.R. unless operations are resumed or that the operator
provides verification that the well is under the -B:e~:~. D.O.G.G.R. 's idle well program, if
there is no response to said notice within 90 days of the receipt of the notice, or the extension
of time expires, the F~*e-Mm'sh~ Director of Prevention Services, or desionee, shall
request the D.C.C. ~. to commence abandonment proceedings.
S:~JENG\Tifle15~UDC draft3~raff3-amend 15-66.wpd
15
January 9, 2002
C. Deserted wells. As defined in this chapter, the Fh'e*-Mam~ Director of
Prevention Services, or designee, may request that the P_,.O.C.D.O.G.G.R.. commence
abandonment proceedings.
15.66.070 Enforcement.
A. It shall be the duty of the F~e-Mamh~ Director of Prevention Services, or
desic~nee, to enforce the provisions of this chapter.
B. Any structure erected or maintained, or any use of property contrary to the
provisions of this chapter shall be, and the same is, unlawful and a public nuisance, and the
~ Director of Prevention Services, or designee, in conjunction with the City
Attorney shall immediately commence actions and proceedings for the abatement, removal and
enjoinment thereof in the manner provided by law. Violators will be liable for all enforcement
costs incurred by the city.
C. This chapter may also be enforced by injunction issued out of Superior Court upon
suit of the city, or the owner or occupant of any real property affected by such violation.
D. Permits issued in conflict with the provisions of this chapter shall be null and void.
15.66.080 Development encroachment in petroleum areas.
A. On-site petroleum facilities. Where a developer proposes to subdivide, rezone or
otherwise develop property which contains existing drilling and/or production operations
including disposal wells, the developer shall provide a plan showing how all existing petroleum
related facilities will be protected and integrated into the proposed development so as said
facilities will satisfy the development standards pursuant to this chapter. The developer shall
also submit a plan of the ultimate use of the land after cessation of petroleum operations and
abandonment of the wells. Any buildable lot containing an area which may not be built upon
because of development standard compliance of the petroleum facilities shall be encumbered
by 'the developer with a deed restdcti0n specifying the area so encumbered and identifying the
name and location of the well causing the encumbrance. If a,final map is required, s~d
...... ,- ......~-.-,, ,- ...... --- ..............:'~- "-- ,~--', --- the subdivider shall record a
covenant affecting all real property within the subdivision that is within 500 feet of the
petroleum facilities. Said covenant shall disclose the existence and location of the
petroleum facilities. The encumbrance or covenant shall be approved by the City
Attorney prior to recordation. The covenant shall be recorded concurrently with the final
map.
B. Abandoned wells. Tentative maps, planned development and other development
plans submitted to the City shall show the location of all wells drilled on the property. Prior to
development of an area, any well shown as abandoned shall be accompanied by written
verification from the C.C.C.D.O.G.G.R. that the well was properly abandoned pursuant to
their regulations. Any well thereafter abandoned shall also be accompanied bY written
verification from the C.C.C.D.O.G.G.R. Development shall be designed such that the City
Building Official is satisfied that no structure will be built within 10 feet of any well that has been
properly abandoned pursuant to P_,.C,.C.D.O.G.G.R. requirements. Any lot or parcel
containing an abandoned well shall be encumbered with a deed restriction specifying the exact
location of such well and prohibiting any construction within said 10 feet area. Said
encumbrance shall run with the land and be approved by the City Attorney prior to
S:UENG~TitIe15~UDC draft3~draft3-amend 15-66.wpd
January 9, 2002 16
recordation. If a final map is required, said encumbrance shall be recorded concurrent with the
final map. The D.O.C.D.O.G.G.R., at their discretion, may also require that any abandoned
well be uncovered, tested for leakage, require remedial work on leaking wells, and accurately
located on the final map before said map is recorded.
C. Drillinq ts:~nds Site. Lands may be reserved as part of a rezoning, subdivision or
-other development for future drilling and/or production operations as drilling isl~,-~ds sites. Such
sites shall be no less than two (2) net acres in size and have a minimum lot frontage and
width of 305 feet, configured so that the proposed development and petroleum activities can
be adequately buffered from one another, prov~ide for adequate ingress and egress, and shall
be accompanied with a plan of the ultimate use of the site after abandonment or decision not to
pursue petroleum operations. If a final map is required, the subdivider shall record a
covenant disclosing the existence and location of the drilling site. Said covenant shall
be recorded to affect all real property within the subdivision that is within 500 feet of the
drilling site. Said covenant shall be approved by the City Attorney and recorded
concurrent with the final map. Future ddlling and/or production operations shall be required
' ' to acquire necessary permits as well as satisfy all well site development standards pursuant to
this chapter.
S:UENG\Title15~UDC draft3~raft3-amend 15-66.wpd
January 9, 2002 17
TITLE 16 SUBDIVISIONS
Draft #1
16.16.010 FILING.
A tentative map (tract or parcel) for which approval is sought for any subdivision shall be filed
as follows:
D. Every person submitting a tentative map shall also submit 3 copies of a preliminary title
report dated no more than 60 days prior to the subdivision application submittal date
covedng all easements, ownerships and title with respect to all lots or parcels of the
subdivision, including mineral owners and lessees of record.
E. Every person submitting a tentative map shall also submit 2 sets of postage prepaid,
...... unsealed envelopes addressed to all mineral owners and lessees of record appearing-
on the title report, and as shown in the State of California Department of
Conservation, Division of Oil, Gas and Geothermal Resources (herein this title
referred to as D.O.G.G.R.) records as operator of record as of 30 days of the date
of application of the tentative map. The applicant shall submit a copy of the letter
from D.O.G.G.R. with the subdivision application. The letter from D.O.G.G.R. shall
list said name of operator and/or lessee of record and their addresses as shown
in D.O.G.G.R.'s records or a written statement from D.O.G.G.R. that there is no
party of record with D.O.G.G.R. relative to the sublect site. If the application
includes a request for waiver of signatures as described in Section 16.16.040, the
~ envelopes shall contain a copy of said waiver request.
F. A request for waiver of signatures pursuant to Section 16.20.060 shall accompany a
tentative map submittal. The request for waiver of signatures shall be in typed letter
form addressed to the City of Bakersfield and shall describe the ordinance provisions
under which the waiver of signatures is being requested and the nature and location of
the project, including a tract or parcel map number and a clearly drawn location map of
the project area.
16.16.060 PUBLIC HEARING.
A. The Planning Director shall, not less than 10 days before the date of the hearing, give
notice of the date, time, place of headng, location of the property and the nature of the
request including any request for waiver of signatures pursuant to Section 16.20.060 B.
in the following manner:
1. By publishing once in a newspaper of general circulation in the City;
$:tJ ENGtoiltUDC~draft Title 16. wpd 1
February 22, 2002
2. By mailing a notice, postage prepaid, to the applicant; to the owner of the
property to be subdivided or the owner's duly authorized agent; to the owners of
interests in mineral or hydrocarbon substances where combined with right of
entry; and to lessees of mineral or hydrocarbon substances, using for purposes
of notifying owners, mineral owners and lessees the names and addresses as
shown on the preliminary title report required by Section 16.16.010 D. and
shown on information required by Section 16.16.010 E.; to the owners of all
property within 300 feet of the exterior boundaries of the property involved, using
for these purposes, the names and addresses as shown on the last equalized
county assessment roll; to each local agency (if not the City) expected to provide
water, sewage, streets, roads, schools or other essential facilities to the project,
whose ability to provide those facilities and services may be significantly
affected; and any other person filing with the Planning Director a written request
for notice.
B. After notice as provided in subsection A, the advisory agency shall hold and conduct a
public hearing.
16.20.060 STATEMENTS OF PARTIES HAVING RECORD TITLE
INTEREST.
A. A statement, signed and acknowledged by all parties having any record title interest in
the real property subdivided, consenting to the preparation and recordation of the final
tract map is required, except as omitted pursuant to this section.
B. The signatures of each party owning a recorded interest in, or right to, minerals,
including but not limited to, oil, gas, or other hydrocarbon substances, not including
lessees of such rights, shall be required unless his name and the nature of his
respective interest are stated on the final map and the advisory agency determines, or
on appeal the City Council finds, at least one of the following applies:
1. The party's right of surface entry has been expressly waived by recorded
document, including, but not limited to quitclaim deed and/or reservation.
2. The party's interest is less than 20% of the mineral interest estate and the
signature or express waiver of right of surface entry by recorded document,
including, but not limited to, quitclaim deeds and/or reservations of one or more
parties having a combined interest of more than 50% of the mineral interest
estate has been obtained.
3. At least 30 days prior to the date of hearing on the tentative map, the subdivider
has given written notice, b,y registered mail or if impracticable as determined by
the Planning Director, by publication once in a newspaper of general circulation.
S:lJ E NG toiltUDCtdraft Title 16. wpd
February 22, 2002
a_.,. Notice shall be oiven to each mineral owner and lessee of record who
has not waived his right of surface entry underlying the subdivision as set
forth in the preliminary title report required by Section 16.16.010 D. and
as shown in D.O.G.G.R. records as operator of record as of 30
days of the date of application of the tentative map.
b. Said notice shall include a statement of intent to reserve a drill site or
sites as defined in Section 15.66.080 C. of the Municipal Code on or
within a practicable distance of the subdivision map as determined by the
advisory agency, and as to which the owner of the mineral interest had a
right of access and use, is or has been reserved and is delineated and
labeled as such on the approved tentative map for the subdivision or, if
outside the boundaries of the subdivision, is specifically described on the
approved tentative map. Said notice shall also include the nature and
location of the project, including a tract or parcel map number and a
clearly drawn location map of the project area, and the tentative date,
time and place of the headng.
c_ A copy of the notice and proof of mailing shall be provided to the
Planning Director within 10 days of the mailing/publication date. The
advisory agency may require the subdivider to install a wall or fence and
landscaping around any or all reserved drill sites and that adequate
provisions be made for maintenance thereof. Approval by the advisory
agency of a reserved drill site shall constitute approval to drill thereon
upon compliance with all conditions and mitigation required under other
applicable .regulations and processes.
d. Such reservation shall remain in effect for a period not less than 10 years
from approval of the tentative map. The commencement of drilling and/or
extraction of minerals upon that site shall automatically extend the 10
year time period until operations on the drill site are properly abandoned
.... t ^ ..... D.O.G.G.R.. If no
to the satisfaction of the Ci¥isi~n ,.,, ,.,,, o,,,, ~o..
drilling and/or extraction of minerals occurs on the drill site within 10
years and the surface fee owner has provided notice and documentation
as required in Section 16.20.060 B.4., or upon the Planning Director
receiving proof of well abandonment to the satisfaction of the Bivision-of
eib-and-Gas D.O.G.G.R., the surface fee owner may apply for tentative
map approval on a drill site(s) or, by written correspondence to the
Planning Director, may request that the Planning Commission conduct a
public hearing to consider the filing of an amending map to remove the
drill site(s) reservation designation from the final map. Said request shall
be processed as an amending map in accordance with Section 66472.1
Of the Map Act. Said request shall include a preliminary title report
covering all easements, ownerships and title with respect to the drill site
parcel(s), including mineral owners and lessees of record as set forth in
the preliminary title report required by Section 16.16.010 D., and 2 sets of
postage prepaid, unsealed envelopes addressed to all mineral owners
and lessees of record appearing on the title report. Notice of public
'hearing shall be in accordance with 16.16.060.
S:tJ ENGtolllUDCtdraftTttle16. wpd
February 22, 2002 *
Prior to approval of an amending map to remove the drill site(s)
reservation, the applicant shall either: present evidence to the
satisfaction of the advisory agency as required under 16.20.060 B.4 that
production of minerals from beneath the subdivision is improbable, or
proof of well abandonment for operations on the drill site to the
-' '~"' --" '~-- D.O.G.G.R. shall be
satisfaction of the '";' '=-=-- ,.,, ,.,,,
presented to the advisory agency.
Notwithstanding the above, nothing shall prevent an amending map or
tentative map from being considered by the advisory agency for purposes
of eliminating the drill site(s) designation at any time if the subdivider has
obtained waiver(s) of surface entry pursuant to 16.20.060 B.1 or B.2.
4. At least 30 days prior to the date of hearing on the tentative map, the subdivider
has given written notice by registered mail, or if impracticable as determined by
the Planning Director, by publication once in a newspaper of general circulation,
to each owner of record of mineral rights and each mineral lessee of record as
set forth in the preliminary title report required by Section 16.16.010 D. and as
shown in D.O.G.G.R. records as operator of record as of 30 days of the
date of application of the tentative map, who has not waived his right of
surface entry underlying the subdivision, of intent to make the showing provided
for in this subsection, and has presented at the hearing competent, technical
evidence establishing to the satisfaction of the advisory agency that production
of minerals from beneath the subdivision is improbable. Said notice shall also
include the nature and location of the project, including a tract or parcel map
number and a clearly drawn location map of the project area, and the date, time
and place of the hearing. A copy of the notice and proof of mailing shall be
provided to the Planning Director within 10 days of the mailing/publication date.
C. The provisions of subsection B. of this section shall be applicable to any final parcel map
unless each parcel created thereby has a gross area of 20 acres or more.
D. The provisions of subsection B. of this section shall not be applicable to any tract map or
final parcel map which further subdivides property which has been previously subdivided
and to which the requirements of subsection B. were applied at the time of the previous
subdivision, unless said tract or parcel map proposes subdivision of a drilling site.
E. For purposes of subsection B. of this section, a party's ownership of a fractional portion
of an undivided interest in minerals shall be considered a separate interest in the
mineral estate. For example, ownership of 1/100th's of a ~ undivided interest in the
mineral estate shall be considered ownership of ½% of the mineral estate.
S:UENGIolltUDCtdraft 77tle16. wpd
February 22, 2002
16.28.170 LOTS.
A. Lot Sizes.
All residential lots shall have a minimum net area as described in Title 17 of the
Bakersfield Municipal Code.
B. Lot Frontage.
All residential lots shall have a minimum street frontage of 55 feet except as follows:
1. The minimum street frontage for interior one family dwelling lots in an R-2 zone
shall be 45 feet.
2. The minimum lot frontage for comer lots shall be 60 feet except for one family
dwelling lots in an R-2 zone where it is 50 feet. For purposes of measuring
frontage on a corner lot with a radius return, the distance shall be measured from
the point of intersection of the extensions of the street side property line and the
front property line.
3. Cul-de-sac or Elbow lot: 35 lineal feet as measured along the arc.
4. Flag lot: 20 feet.
5. Drill site required pursuant to Section 15.66.080 C: 305 feet.
C. Lot Depth.,
The lot depth is the length of a line that bisects a lot from a point on the front property
line measured half way between the side property lines to a point on the rear of the
property. The minimum depth for residential lots shall be 100 feet, except as follows:
1. The minimum depth for a lot with a rear yard abutting agricultural or residential
suburban zoned property shall be 140 feet.
2. The minimum depth for a lot with a rear yard abutting a freeway or railroad right-
of-way shall be 120 feet.
3. The minimum depth for a one family dwelling lot in an R-2 zone shall be 90 feet
except as required in subsection C., 1. and 2.
$:tJENGtolltUDCtdraft77tle 16. wpd
February 22, 2002
D. Lot Width.
The lot width is the length of a line between side property lines that is the perpendicular
bisect of the lot depth. The minimum width for residential lots shall be 55 feet on interior
lots and 60 feet on corner lots, except as follows:
1. The minimum width for a lot with a side yard abutting agricultural or residential
suburban zoned property shall be 100 feet.
2. The minimum width for a lot with a side yard abutting a freeway or railroad right-
of-way shall be 85 feet on interior lots and 90 feet on corner lots.
3. The minimum width for a one family dwelling lot in the R-2 zone shall be 45 feet
on interior lots and 50 feet on corner lots except as required in subsection D., 1.
and 2.
4_ The minimum width for a drill site required pursuant to Section 15.66.080 C
shah be 305 feet, unless otherwise approved by the Planning Commission
in accordance with Section 16.28.170 O.
S:lJ ENG Ioil~UDCtdrafl Title 16. wpd
February 22, 2002
Chapter 17.46 Draft/;2
Dm
DRILLING ISLAND DISTRICT -
Sections: Chapter page
17.46.010 Purpose and intent ............................................... 2
17.46.020 Permitted uses ......... · ......................................... 2
17.46.030 Reserved Uses permitted '":'~',,L,, c] ,.u, ,u,,,~,, ,a, use per,~it . .. . ........ .... . . 3
17.46.040 Reserved '"--~-;~':'--~ ..... 4
17.46.050 Minimum lot size ............................ ' 4
17.46.060 Reserved Min:,,~u,~ ....... per ............. :' 5
17.46.070 Reserved Yards ---' --'~---"- 5
17.46.080 Reserve~ ........................................... 5
17.46.090 ReservedMin;,-nurn -~ ' ,,.~ bet'weeno~, ........ u,.,u, ~ 5
17.46.100 Reserved~ ............................................... 6
17.46.110 Reserved-~-?igT~s ................................................. 6
17.46.120 Special review procedures and development standards .................. 6
S AJ E,NGtTiIIc 17-OiI~I. JDC draft-2~Ch 17.46.wlXl
,o/,~,o~ Page I of 6
Proposed Ordinance AmendmentStaff Comment
17.46.010 PURPOSE AND INTENT.
The purpose of the Drilling Island (DI) District is to Delete text that limits
designate single lots and discrete areas within the application of DI zone to
boundaries of final map subdivisions and mobile home those outlying areas that
parks that contain productive or potentially productive may be annexed to the
petroleum resources to allow mineral access to explore City after 1998.
for and develop such resources and to promote the
development of such resources in a manner compatible Deletion of text allows
with surrounding development. Uses in the DI District application of DI zone
are limited to oil and gas exploration and development, city-wide.
production, storage, transmission, and treatment, and
any accessory or ancillary equipment, structure, or
facilities thereto and compatible open space and passive
recreational uses. , ,,~ ~,, ~,~,~,u, ~o o,,d ....
UUI ILOll I~;U II ILI I[~ ~,,;I ICI~JL~:;I 011011 Cl~J~JI)t [IJ 011 ~::~.~,/1~110Ll~JI
..... hyd ' - .......
'": ..... ' - Sph
,,.,,y o exp,r, nsion uf,,o:'- ere of Influence ,.,,, OF
IVlO~J I ~,/11 IIIC;: V¥1LII LII~; ~
17.46.020 PERMITTED USES.
The following uses are permitted in the DI District:
A. Oil or gas exploration and development,
production, storage, transmission, and treatment,
and any accessory or ancillary equipment
structure or facilities thereto, pursuant to the
pro isions herein -' "'--';--
v . ,.,, ,.,~,.,,,.,,, 15.¢.,7.040
(Development '" .......... '~ "' ........ a)
B. Subdivision drainage sump, as part of an
application for a tentative tract map, provided that
mineral rights owners have given written consent.
,o,r~ Page 2 of 6
17.46.030 RESERVED This Section is not
, ,o,-o r-,,-,~ ,,-,-'~-r-r-, ~A,,-,-,, ^ needed. Permitted uses
I,,J~,,~L--,~,.,~ FL--I\IVII I ILU VVlll I /'--~
are listed in Section
r.,--,,,, r~,-,-,,~,~, ^, ,,or-
~,,~,'~c,,, ,,J,~- ~,.,- r-,~,v,, ,. 17.46.020. Prohibited
Uses are covered by
~ Chapter 17.64
Modifications,
,. ~.,,y ou,~,, uo,~, o,,o,, u~ uooo,v, vv,,,, conditional Use Permits,
., ,~,,~w,,,~, .o ,,,,,.~,~ ,,~ ,~,, ,,~o,~,,, ,u, Amendments and
· ~. A s~§no,,o,, be ereeted~
JJI UUUL~llUI I
'":'~ the pro ' '-
S :U F,J'~GXTitk: I 7,.~fi IV~J DC draft-2%Ch I 7.~. wpd
,0~,?~, Page 3 of 6
3. Th~ n~iner2.i rlghts owners ,.,f
envlronmenta~ ~ ......... '
provisiOnS ul u,u u,~y o ~uua,
CCQA Implementation Procedures.
'-,- '-""'" '"':a~ sump, ~^,.,~pt fu, the ~,,,-,v,o,~,, ,.,,
VIIC]IJLC;I~ FII~.,I¥1~JT~U LIICIL IIIIIl~lCII II~IILO I,J¥¥11~;;10 II"'~¥v
17.46.040 RESERVED This Section is not
nn~,, ,,~,-,-r-r-, ,,c,r-~ needed. Prohibited
r Ix~J, ,lul I ~-~.~ uo[-a. Uses are covered by
^, .............. ,.. .... ~ ,.,,.,~ Chapter 17.64
~" "'"'~' "°~° "~" ~'~'"""~'~ ':Y ~"""'° ""~'~'"'~' Modifications,
(rer,'~itted,.,o~oj" .... and I ", .-,,.,.,.,,.,,.,
conditional Use Permits,
'" "' 'Usen
,..,.,, ,,~,,,~,, ,o, r ~,,,,,,/,.,, ,,,o ,..,,op,~,, ,,,,~,,~,~,,,~ ,,~o,~.~ Amendments and
,,,~, ooo,~,~,o,~,~ ~,,,, o w~,,,,,,,~,~ use o, ~ ~,, ,~, ,,~,,,~,~ ,,, ,, ,~. Appeals.
,.,,"" District.
17.46.050 MINIMUM LOT SIZE.
No portion of any lot within the DI District shall contain
less than 2½ gross acres in size, shall have a minimum
width of 305 feet and shall demonstrate that all set-back
requirements can be accommodated internally within
such lot.
17.46.060 RESERVED
..,k,,.,, ,~, , ,'~"r ^hr-^ nrn Redundant text.
,v,,,,,,,v,~.,,v, ~, ~,x-m r -,., Permitted uses are listed
~vv--LL.,,,,~ ~l,,,,. under Section
17.46.020. Dwellings are
'" .................... ' .................... permitted
,,,~,~ ,o ,,,., ,~,~,,,~,,,~,,, ,,.,, ,,,,,,,,,,u,,, ,,.,, o,~o ~,~, not listed as
S:UENG~Titl= I ?-oi~UDC d~afl-2xC-'h I ?.46.wlxl
,~,?~, Page 4 of 6
17.46.070 RESERVED
~' A r"~ I'~ t~ A k I1'~
I /'%I%t~.) /'%IN4LJ *.,~l,,- I U~'N%.~[\~.,~.
Redundant text.
~,- -: ...............,, ~_ .~ ..... .~ ...... :_ -,6 ,_~, _, ,,__ Development standards
_:_~., _, ....... , ....... :_,-~ ............~ _..~.,: are referenced in
'~' ""'°Y Section 17.46.120 /
~.__ _:~.._ Chapter 15 66
~Pc~-"']~ ~[~ , :__ :_ ,t.._ r-,, r-,:_,_:_, · ·
17 46 080 RESERVED "~'~"~ ' '~'~°
· · I II...1~.~1 I I /llVll I
Redundant text.
~o~ -- "~--: ........ ' '~ "- eq 'pine Development standards
-~.--:-- ,,- ........ , ,:-- ....... -~ -,-:,,:-- ,- · are reference in Section
T. JUI II
~ 17.46.120 / Chapter
15.66.
'"~' ........... '-~-- '~' ...... ' : ..... :-':-- ~r~de
17.46.090 RESERVED ~,~,,~, ,~ Redundanttext.
IVll lng1 IVl~JlVl
n~--,-,^,,-,--,,, ~-,-,-,, ,,'-,-r-, ,,-,,-~ - -Development standards
I/Iq.,]I /'~1~1%./~ ME. I VVL..i.-I~I ~ I I%U%.~ I
are reference in Section
,,:_: .... ._ : ............ ~. ............. : ....~,, ,-, ....... 17.46.120 / Chapter
_~._,, ,_ ..........., .~. ~__ .... ........ ,_~ ~__,..__ 15.66.
a[ ,.'][[ t~c ,~a pi uv[ucu i~ ti [c] cHu[[ c][ ici ilo ~' ~
17.46.100 RESERVED PA-RK-tNG: Redundant text.
Development standards
, ,,c, ~ i$ ,,u ~ii'iimU,~ park;rig requ~r~,~nt for ~-:":-- and are reference in Section
prc~uctlon --': ........ ' 17.46.120 / Chapter
o,..,,,,,,,co, provld~d, ho;;'~v~r, '"'-' -"
' ....... 15 66
---:- -: ..... :,~- -:,-.~ $~ _:_: __ .J .... t.
s.~enom~[7-~u~,h~.2,ch~7.~6.~
,oe[?~t Pagc 5 of 6
17.46.110 RESERVED
,,,~ ,,.,,,,-,,,,,,~ o,u,,o o,~ ~,,,,,-~'-' "' "'~ '--" ,_.,0,,,,., ,,,Redundant text.
.. accordance ,,,,,, ,, ,~ requirements ,.,, ,-,, ,ov,~, ".'~'- Development standards
,.,:___ ............................ :___ __ · ....... are reference in Section
A, I.~11 ~;~,[IUI I°10l~.Jl lOt VVOl I III I~:~ Ol~.Ul IO~ QI IU IU~;I I[111~.~°1.1~.~11
17.46.120 / Chapter
ceed 2 sq
,.,."' T6mporary ,~o, ~o,o,~ signs veCusin ,,,,_.
accordance ;;';th the requirements ,-,,
17.46.120 SPECIAL REVIEW
PROCEDURES AND
DEVELOPMENT STANDARDS.
All ddlling and other hydrocarbon development activity in Revision refers to
the DI District shall be carried out in accordance with the applicable development
standards and procedures set forth in Section 15.66.040 standards for Class 3
A. 15.87.040 (Deve',opment Standards and
__ ,.,,.,, ,,~,,,,.,, ,ol. permits.
S:U~<:;XTim~mT-oanU~C~-~C~l~.~.~ Page 6 of 6
10/r//01
DRAFT # 2
Chapter 17.47
PE
PETROLEUM EXTRACTION
COMBINING DISTRICT
Sections: , Chapter page
17.47.010 Purpose and intent ............................................... 2
2
17.47.020 Permitted uses ..................................................
17.47.030 Uses permitted with a conditional use permit ............. ' ............ _.._ 3
17.47.040 Reserved Pmifibifed-uses ......................................... 4
17.47.050 Minimum lot size ................................................ 4
17.47.060 Minimum lot area per dwelling unit ................................... 4
17.47.070 Yards and setbacks .............................................. 5
17.47.080 Height limits .................................................... 5
17.47.090 Minimum distance between structures ................................ 5
17.47.100 .Reserved ~ ............................................... 6
17.47.110 Reserved ~ ................................................ 6
17.47.120 Landscaping ................................................... 6
17.47.130 Special review procedures and development standards .................. 6
$:tJENGt 77tie 17-oillUDC draft-21Ch 1 7. 4 7. wpd
January9, 2002 Page I of 6
Proposed Ordinance Amendment Staff Comment
17.47.010 PURPOSE AND INTENT.
Delete
text
that
limits
The purpose of the Petroleum Extraction (PE) Combining
District is to designate lands containing productive or application of DI zone to
potentially productive petroleum resources to promote the that those may outlying be areas
annexed
to
development of such resources in a manner compatible
with surrounding development. The PE District may be the City
after
1
998.
applied only to those areas that are zoned Estate (E),
Deletion
of
text
allows
Residential Suburban (R-S), Professional and
Administrative Office Zone (CO), Neighborhood application of DI zone
Commercial (C-1), or Regional Commercial (C-2). The city-wide.
uses allowed and the regulations established by the PE
Distdct shall be in addition to the regulations of the base
district with which the PE District is combined. The
~pp,,y,- _,, ....... , ,;__ ~ ............... ___ :
W;~ ~o ~,,~..~u OG ,v,~t~ ~ O~ ,,,~ vv,u, u,~ , ,~,,,,,,,~
17.47.020 PERMITTED USES.
The following uses are permitted in the PE District:
A. Wells for the exploration and development,
production, storage, transmission, and treatment,
and any accessory or ancillary equipment,
structure, or facilities thereto, of oil, gas, or other
hydrocarbon substances if the well(s) are located
more than 300 feet away from any existing dwelling
or existing building utilized for commercial
purposes, excluding those premises utilized solely
for storage of equipment, material, household
goods, or similar material.
S:tJENGt'r'#le l 7-o#~UDC draft-2tCh 17.47. wpd
January 9. 2002 Page 2 of 6
B. Deepening or redrilling, within the existing well
bore, of any well used for the production or
development of oil, gas, or other hydrocarbon
substances, or the replacement of any production
facility which did not require a conditional use
permit on the date drilling began or the date the
facility was installed.
C. Drilling of a replacement well when the original well
did not require a conditional use permit, and when
the original well has been abandoned in
accordance with California Division of Oil, Gas and
Geothermal Resources regulations and drilling of a
replacement well commences within 1 year of the
conclusion of abandonment procedures, and the
replacement well is located within 20 feet of the
original well or is farther from any existing dwelling
or commercial building than the original well.
D. Uses permitted by the base district with which the
PE District is combined.
17.47.030 USES PERMITTED WITH A
CONDITIONAL USE PERMIT.
~;u~c~,,,,,,~ o,, c~pF,,~wu ~.~,~u.,~,,,.~, USe F'~'~"" U&Gt tv
,, ,~ ~,,.,v,o,,.,,,o ,.,, ,.,, ,o~,~, ,, .,~-- uv,,~,~,,,,-~,,,~,,o, '-,~" "~'"'~' '°' Conditional Use Permits
'-'°~ ' ~'""'°. '-""~' "~"'~' "° °' "~ ""~°'°J' are covered by Chapter
17.64 Modifications,
While any use may be permitted by conditional use conditional Use
permit pursuant to Subsection B of Section 17.64.020, Permits, Amendments
the followinp uses are not permitted in the PE zone
and Appeals. Text
except by conditional use permit issued in accordance revision reflects similar
with the procedures provided in Chapter 17.64 of this
wording relative to
title: CUPs used for other
zones.
A. Wells for the exploration and development,
production, storage, transmission, and treatment,
and any accessory or ancillary equipment,
structure, or facilities thereto, of oil, gas, or other
hydrocarbon substances if the well(s) are located
within 300 feet of any existing dwelling or existing
building utilized for commercial purposes, excluding
those premises utilized solely for storage of
equipment, material, household goods, or similar
material.
S:UENGt T~tle 17-oiltUDC draft .2tCh 17. 4 7. wpd
January 9, 2002 Page 3 of 6
B. Conditional uses permitted by the base district with
which the PE District is combined.
17.47.040 RESERVEDr"'r"'"" J,n,-r,-,',,,,..,, ,,t.,,, -~, ,-,~,-~.' ,c,,-~, This Section is not
needed. Permitted uses
,-,,, other uses ,,,.,, ~,~,,,,,,,~,~ by Section I" '-' '~"'~ are listed in Section
,,-,A__:..--,, ,A__, ,, .'~, .,,-,,, v-,o=o Permitted '":'~' n 17.47.020. Prohibited
........... : ..... Uses are covered by
T.~T, JI IUII. IUI I."'~1UOC;I ~;;11111[],UI uoC:;O IIUt____W,,,,,,,~'~:_A :----,..-':----"' ,,,~ ,,Oo,~ Chapter 17.64
..... : ....... '-- --'~-:-~' the P,'- '-' .... :-',o:-,..,.,,,,,.,,,~- ,~,.,,-' ,, ,,..,u,.,,, ,u
,~,o,,,,., ,v,,,, vv,,,,.,,""°" '"' Modifications
conditional Use
~ Permits, Amendments
and Appeals
17.47.050 MINIMUM LOT SIZE.
Minimum lot size requirements in a PE District are per the Drilling & well sites are
requirements of the base district with which the PE District subject to development
is combined. Esch Pr ":-'-: ..... " .....:- ' ' "~' standards of BMC
........ {}15.66.040.
17.47.060 MINIMUM LOT AREA PER
DWELLING UNIT.
Requirements for minimum lot area per dwelling unit in a
PE District are per the requirements of the base district
with which the PE District is combined.
17.47.060 MINIMUM LOT AREA PER
DWELLING UNIT.
Requirements for minimum lot area per dwelling unit in a
PE District are per the requirements of the base district
with which the PE District is combined.
S:UENGT T"dle 17-oilTUDC draft-2tCh17. 4 7.wpd
Jan~ 9. 2O02 Page 4 of 6
17.47.070 YARDS AND SETBACKS.
Yard and setback requirements in a PE District for arenas
A ~,_ _:, .................. ., ............ :_ -,~, .... , Redundant text.
,-,. ,,,., ,-,,, ~,, u"o v,~,, o,,,.,, ~,~ ,~,,,,~, ,,,,,, ,,,,, -, ,~, ,-,, De elopment standards
· ~-- -:-~-' -' ...... ' -' -":-': .... seal -"~":- v
~^,o.,, ,~ ~,, propo ced in
u ,~ ,,~, ,,-u,-vvcay v, any Yuu"" refere
,-,,__,: .... ,..___:,:_ ,.,,__, :__ Section 17.47.130 /
'-'°" '-"'=' '~' '~'='""~' ·'°" '"'=' Chapter 15.66.
,-,,, other al._~l uses permitted by the base district,
except for drilling, shall conform to the yard and
setback requirements of the base district with which
the PE District is combined.
17.47.080 HEIGHT LIMITS.
Height limit requirements in a PE District forafe-as4Cows: Redundant text.
Development standards
in
A. None on ,.,~,,,,..,,.o ,.-,, ,,., ,-,, ,,:, equipment ......... :-- are referenced
/
,, ,~ ~,,~,,~,,..,,.,,, o, ,,~ ~,, ,,,,, ,~ phase of deve',op,,,~, ,t. Section 17.47.130
Chapter 15.66.
when measured f,,.,,,, '"- exterior -":
C. " ............ all uses permitted by the base
district, expect for drilling, shall conform to the
height limits of the base district with which the PE
District is combined.
17.47.090 MINIMUM DISTANCE BETWEEN Redundant text.
Development standards
STRUCTURES. are referenced in
Section 17.47.130 /
Requirements for minimum distance between structures in . Chapter 15.66.
a PE District for afe-as4oHows~
A. Per th~ requirements ,~f Chr~pter ~ ~ ~-" '"':'
~ all uses, except for drillina, shall comply
with the base district with which the PE District is
combined.
S:UENG% Title 17-oiAUDC draft-2~Ch ! 7. 47. wpd
January 9. 2002 Page 5 of 6
17.47.100 RESERVED ·,.-,,,,,,,
Re~un~nt text.
. · · _ ........ · , ,~- Development standards
A. There is no minimum p~, ~,,,u r~~, ,~,
~ ......... are referenced in
............ , ........... ~ maneuvenng are~n Section 17.47.130 /
~,, ~ ....... ~ ~-~ ......... ~ wit~ Chapter 15.66.
SlIIIII¢I UU)[ UIIIUIII~ II1~[~11~1,
B. All .....uses p=,,,,,,,~ ,,,= ~¢~= ~,o,,,~, ~,,¢,,
bUIIIgllll tO (11~ I~UII~III~II~3
17.47.110 RESERVED °"-'~'°
,,.,,,,.,v,,, ,u s~gns ,:,, = ~,=,,,,,,,=,-, ,,, a · ,._ ~,,o,, ,,-., ,,, Redundant text.
Development standards
'~' "~ Section 17.47.130 /
D,,u~.uu,,a, 5igFiS, warning signs,
,,u, to =^,.=~u 2 square '-~' iR
accordance ......... pFovis:,ons of ° ...... Chapter 15.66.
17.47.120 RESERVED ^,, ~,-,,-,,,r',.*.,'"_
LI"~ NLJ'~-~N-,~/'''~F ii~l~.~.
Redundant text.
standards
...... ,_,,_ ..... : .......... Development
,o,,,~o~.,~,,,,~ ,=,~u,,~,,,~,,,o ,,, ~ , - '~,o""-' '~'~ ~' "'" referenced in
· -, ........................... RE ~' .... :~ are
,=,~u,,=,,,=,,,o ,.,, ,,,= ~,oo= ,~,o.,,., ~,., ~,,,,.,, ,,,= Section 17 47 130/
~ Chapter 15.66.
17.47.130 SPECIAl' REVIEW PROCEDURES
AND DEVELOPMENT
STANDARDS.
All drilling and hydrocarbon development activities in a PE Revision refers to
District shall be carried out in accordance with the applicable development
standards and procedures set forth in Section standards for Class 3
15.66.040 A. t~ ~" '~ ~'-' "-' ..........""- ~
,.,.,.,, .,.,.,,_, ~,_,~,,.,~,, ,~, ,, .~,o,-~ard~ and permits.
S:IJENGi Title 17-oiI1UDC drafl-21Ch 17. 47. wpd
January 9, 2002 Page 6 of 6
Bakersfield Municipal Code - Title ! 7, Zonin$ Ordinance Mods, CUPs, Amendments and Appeals
Chapter 17.64 Draft # 2
MODIFICATIONS,
CONDITIONAL USE PERMITS,
AMENDMENTS AND APPEALS
17.64.050 HEARINGS- NOTICES.
A. Upon the receipt in proper form of a complete application for a modification, conditional use
permit, or zone change, along with the fee adopted pursuant to Section 3.70.040, the
Planning Director shall fix a time and place of public heating thereon in the following
manner:
B. Not less than 10 days before the date of such public hearing, notice of the date, time and
place of hearing, along with the location of the property and the nature of the request shall
be given in the following manner:
1. Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to the owner of the subject real property or the owner's duly authorized
agent, and to the project applicant.
2. Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local agency (if not the City) expected to provide water, sewage,
streets, roads, schools or other essential facilities or services to the project, whose
ability to provide those facilities and services may be significantly affected.
S:lJENGt Title 17-oiltUDC draft-21Ch 17.64. wpd
January 11, 2002
3. Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to all owners of real property as shown on the latest equalized assessment
roll within 300 feet of real property that is the subject of the hearing. If the number of'
owners to whom notice would be mailed or delivered pursuant to this paragraph or
subsection B.1 is greater than 1,000, in-lieu of-mailed or delivered notice, notice may
be provided by placing a display advertisement of at least 1/8th page in at least one
newspaper of general circulation within the City at least 10 days prior to the hearing.
Notice of hearing upon each application for a conditional use permit to allow drilling
for and production of petroleum pursuant to Chapter 15.66 shall be mailed to such
owners of all property within 1,000 feet of the property line containing the well site,
and to the mineral owner as shown on the latest equalized assessment roll of
the real property that is the subject of the hearing, and the production
operator and/or lessee of record of subject real property as shown in the State
of California Department of Conservation, Division of Oil, Gas and Geothermal
Resources (herein D.O.G.G.R.) records as of 30 days of the date of application
of the conditional use permit. The applicant shall be responsible for obtaining
the operator and/or lessee's name and address from D.O.G.G.R and
submitting such documentation from the Division with the application for a
conditional use permit.
4. Notice shall be published in at least one newspaper of general circulation within the
city at least 10 days prior to the hearing.
5. Notice shall be mailed to every person filing with the Planning Director a written
request for notice.
C. When proceedings are initiated for the amendment of any provision of Title 17, other than
amendments changing property from one zone to another, or changing the boundary of any
zone, a public headng shall be held. Notice of such headng shall be given once by
publication in a newspaper of general circulation in the city, which notice shall state the
time, date and place of such hearing and a general description of the nature of the
proposed text amendment.
S: LIENGI Title 17-oillUOC drafl-21Ch 17. 64. wpd
January 11. 2002
March 8, 2002
Ms. Renee Donato Nelson
11916 Borg Court
Bakersfield, CA 93306
Dear Ms. Donato Nelson:
I'm pleased to send you the official announcement of the first Great Valley Leadership Institute, to
be held at Tenaya Lodge near Yosemite, August 14-18, 2002. This is a groundbreaking program
with the potentia! ,',e.qtren~hening p-Nic rt~ci~o--moW~,g ;- 0": re,on, v ....... ~... ~... .... ,~ ·
nominating someone for this program.
The Great Valley Leadership Institute, a project of the Great Valley Center in cooperation with the
Kenneth L. Maddy Institute, will bring national quality leadership training to the Central Valley. The
faculty are from the John F. Kennedy School of Government at Harvard University, and they have
designed a stimulating curriculum tailored appropriately for local elected leaders. Our premier class
will include 30 city and county elected officials in the Central Valley from Bakersfield to Redding.
Participation in the Great Valley Leadership Institute (GVLI) is considered as an honor and
participants will be selected through a nomination process. A mayor, city council member or county
supervisor, who has served in office for at least one year, may be nominated by anyone from the
Central Valley region. All that is required is a letter with a statement of the elected official's
qualities that would qualify him or her for the program. The GVLI seeks high potential leaders and
nominations should reflect why the nominee is distinguished as a leader among peers. The premier
class will be selected from this pool of nominees to represent a balance of city and county officials
and cover the various parts of the Valley, and these nominations are due by April 26, 2002. Other
sessions will be offered in the future, in February and August of each year.
Details about the program and the nomination process are explained in the enclosed brochure. For
further information, please refer to www.csufresno.edu/maddy, email us at
dwhite.hurst~csufi-esno.eau or call us at the Maddy Institute at 559-2'78-5412.
Very truly yours,
Daniel K. Whitehurst, Director
Kenneth L. Maddy Institute of Public Affairs
California State University, Fresno
Gt~AT VALLEY LEADERSHIP INSTITUTE
KENNETH L. ~V[ADD¥ INSTITUTE OF PUBLIC AFFAIRS
5340 No~ C^,m, us Drove M/S SSl9 F~s~o, C~tsO~L,, 93740 tmo~£ (559) 278-5412 r,c((559) 278-5230
Advisory Board
I-Ion. Maria Alegria . GREATVALLEY
City Council Member, Pinole
and Chair, La tine Caucus, League of California Cities LEADE RS H I P
Terry Dugan
A National-Quality Program Education Director, league of Calffornia Cities
~,~ ~u~i~.ez INSTITUTE
Tailored to the Central Valley GeneralManager, KFTVChannel21-Univision, Fresno
~ Hon. Gary Freeman
The Great Valley Leadership Institute (GVLI) provides Supervisor, Glenn County A Program of the Great Valley Center
training for already accomplished local elected lion. Patrick Johnston in partnership with the Kenneth L. Maddy
Former California State 5enator (Stockton) Institute of Public Affairs at
officials who are nominated as having special Marry kinsk¥ California State University, Fresno
potential for further growth and development. In John F. Kennedy School of Government, Harvard University
particular, the program provides an opportunity to: lion. Trinidad Rodriguez
Mayor of Kerman
· Engage in a stimulating program about Non. Ch,r~e, Rover Our Central Volley
is
nat/or}al
a
leadership with a value base and develop Director, Urban Health Initiative, former mayor of 5eattle
.o.. va,er~a.o s..c.do resource with great opportunities.
greater wisdom for decision-making Tulare County Superior Court Judge
· Become stronger stewards for communities, and formermayorofLindsay but/t a/so face5 Fnc~jor-'; c.a'u=r}sjo5'
and more thoughtful, successful leaders steve s~a~aV Giving local leaders the tools to
· Challenge assumptions and broaden perspectives Executive Director, California 5tare Association of Counties
m~.e ~re,~,o shape the future of the region is an
· Examine the ethical and professional Director of Exports, California Department of Food& Agriculture
responsibilities of leadership ~:r~ Wara~ow important and worthwhile effort.
· Share ideas with and build a network among Senior Vice President, Bank of America
outstanding and diverse political figures from lion. Daniel Whitehurst Senator Dianne Feinstein and
Maddy Professor, Kenneth t. Maddy Institute of Public Affairs, former mayor of San Francisco
throughout the region as well as with nationally csu, Fresno, and former mayor of Fresno
recognized faculty lion. Carol Whiteside
President, Great Valley Center and former mayor of Modesto
'....:,? ?i: ~:.: ~.~
For more information, please contact:
Kenneth L. Maddy Institute of Public Affairs 5"'~ ''
~..,.i;~4.. 5340 North Campus Drive MIS SS19
i~:~'~'.~, ....... .:~. Fresno, California 93740
.... ~: · '.-. ~.-,~ ." ,rcg~5~:. .... '~' . . phone (559) 278-5412 fax (559) 278-5230
~;<~'~ -'..., '...' :~::,3~ ~e::~t~5:~' dwhitehurst@csufresno.edu
~5t4.e'''":r?.:'' '-'2-'.;'7~"~}. ':,"~ E~' ~.~/, .~5~?.a~"iz~· ~ -,~i:,: ';"'~ '
':':;~ e',' '~ '" ~'*2-~,,r .~~; ~e.~- '"
~~i'*~ t~}~~"~'~'~ ...... v',~,~' ~'~~~ The Great Valley Leadership Institute is funded by ~ :'..
from
The
James
Irvine
~....~}~,; ,.. ,~g ...... ~ ~~:,~,37 Foundation, The William and Flora Hewlett Foundation, and other
~.~~ 4 .2 foun*tionsandbusinessesintere, tedininvestinginther~ion.
Program Leadership skills are important at every level of government.
A break from daily routines. A retreat with respected Public service demands the best from each of us.
colleagues. An experience with first-rate faculty. The special
course is a five-day certificated program, running from Ruben Barrales, Deputy Assistant to the President and Director of the Office of
Wednesday evening through Sunday for a class of select Intergovernmental Affairs, The White House, and former San Mateo County Supervisor
participants nominated by their colleagues and others.
The instruction is interactive and discussion-based, using casesFaculty Setting
and exercises to draw from the experiences and observations
of participants. Examples of discussion topics include: The Great Valley Leadership Institute has assembled The program is conducted at a first class conference center
· Exercising Leadership and Exercising Authority a nationally recognized faculty including: in the Sierra near Yosemite. The location allows
· Community Building Marty Linsky, GVLI Faculty Chair, is a full-time member of participantS to travel up from the Central Valley floor for a
· Working with the Media the faculty at the John F. Kennedy School of Government at change of scenery, a fresh perspective and time away from
· Thinking Ethically Harvard University as well as chair of the Program for Senior the pressures and demands of the office and hometown.
· Effective Negotiations Executives in State and Local Government. He is a trainer in Participants as Honored Guests
· Creating and Nurturing Coalitions leadership, ethics, communications, and strategic planning The Great Valley Leadership Institute is a benefit and
· Leadership and Survival for a wide range of public and private sector clients in the reward to hard-working and dedicated local elected
· Building Your Legacy U.S. and abroad. He has been a journalist, a lawyer and officials. Program participants are honored guests and will
· Personal Style Analysis and Inventory politician, having served as a Member and Assistant Minority receive lodging, meals, tuition and materials paid in full by
Leader of the Massachusetts House of Representatives. the Great Valley Center.
Participants Saletta Boni, Ph.D., is a Managing Partner for Leadership Attendance should not create a financial hardship for participants,
The Great Valley Leadership Institute is designed for Consulting Associates based in New York, and is an and those who may benefit from special assistance should contact
elected officials who have served for at least one year in organizational psychologist focusing on the development of the Great Valley Leadership Institute for more information.
local government in the Central Valley: mayors, city council leadership and teams. Dr. Boni holds a faculty appointment
members, and county supervisors. Each class includes 30 at Columbia University and at Harvard's Kennedy School.
participants from the Great Central Valley in cities from
Bakersfield to Redding. Participants must be nominated and Xavier de Souza Briggs, Ph.D., is an Assistant Professor All nominations for eligible participants should be
are chosen based on a record of leadership and potential for of Public Policy at Harvard's Kennedy School. He is a former sent in writing to the Great Valley Leadership
future contribution. Each invited participant must be willing Assistant Secretary for Policy Development and Research at Institute. Nominations should include the nominee's
to commit to full participation in the five day program, the U.S. Department of Housing and Urban Development, name, current elected position and contact
where he advised national leaders on regional problem- information, the nominator's name and title, and a
,~~~ solving, smart growth, and affordable housing and brief statement of the qualities that the nominator
,. community development.
:.::,, ~ :, ~,:,;.~;,~,:~,~.~ ~.~,.~ ~ .... .. believes qualifies this person for the program.
· ' ;~
: -~~~ · .,:,,,~: ....... =:.,: ....... . ..~......, ,..... ,...
.... ..:.~ ......... , .... .,.~,.~.,., ,,. ~~ ~~~'~ ........ · ............ ·
[John W. St~nson - tree trimmers
From: Alan Tandy
To: John W. Stinson Stinson; Stan Ford
Date: 2/1 2/02 8:21 AM
Subject: tree trimmers
Looks like- say a week from Friday we will need an analysis of two levels of regulatory effort- one an
educational requirement presumably voluntary - the second actual licensing of tree trimmers- we will need
to know what such licenses would be based on, how enforced, penalties for violators- include legal and
practical issues-- hopefully you can find examples from other cities so you do not have to reinvent it- since
many tree trimmers are Hispanic- it would seem all would be in Spanish - if you have a third alternate-
such as public education that to. I would like to see a copy of the proposed standards- thank Stan, we are
going to need to know what is going on with the tree committee on a regular basis- I was taken by surprise
yesterday!
I.MIS
D'rect°r 1
IDP Manager
I I I ~
i ~ Ge°graphic~Databases. & 1 We.b
Technical / Information L. Programmlng~ ,. Services
Services (. SyStems
MANAGEMENT INFORMATION SERVICES
FUNCTIONAL ORGANIZATION CHART
Technical Services Geographic Inf. Services Web Services Database & Programming
Employees Employees Employees Em~31ovees
Help Desk [ow,~e/F.~,r--.Y) 2 Supervisor (:6~, A,,.~) I Web Analyst ~m~z.T~y~ I Supervisor ~'1'~ ~-(~.u') 1
Server Support [~/0'u:~') 2 Analyst (..A~.~./ 2 Web Tech (:~) I Info Analysts (..~-~i,,~, ;
Wide Area Network SuPl; 4:~,~1' Techs 3 l-~,~.'
Technical Support 138
Full-time Employees Full-time Employees 6 Full-time Employee 2 Full-time Employe~ 3J
PC and Printer Repair Base Map Maintenance Web Page Design & Maint HTE Maintenance
Installation of new computers GIS Application Design Integration with Databases Database Design
Replace Computers & Printers Ad Hoc Map Generation User Page setup & Training User Software Training
Software Installation Integration with outside Databases E-Work Application Design
Server Setup, Monitoring & Maint. E-Work Application Training
Network Design & Maintenance
Help Desk Phone Support
Assigning Help Desk Calls
Implementation of new Technology
Central AS400 Printer Support
MIS Clerical Support
Maintenance
Maintenance
~" *'
Installation f,,..~ Public Works Water Rec & Parks Dev Svcs Finance EDCD Fire Police CM
_~1 Maintain all desktop computers, laptops & printers ~'~ X X X X X X X X X
~,ECAD / RMS Convereion.to Verssterm-PD X
3 Install clustered servers (redundant backup) X X X X X X X X X
L-/.~A 4 Wide Area Network Upgrade ~c.,~ -~, ~ t~o=..'~ X X X X X X X
5 Treining for Microsoft Word & Excel X X X X X X X X X
6 Upgrade Server Software (Netware 6) X X X X X X X X X
7 Upgrade Groupwise Software X X X X X X X X X
3"E.t~ Upgrade Laserflche (document store_cie) X X X X X X X X X
9 Training for Laserfiche X X X X X X X X X
10 Department moves: relocate & reconfigure PC's X X
~'111 Training for Groupwise X X X X X . X X X X
Training for Digital sender ~ ;'...,~. X X X X X X X X X
13 Training for Document storag~ ~ ,,~ .4, ,Z X X X X X X X X X
Wireless devices connected to the web/' 40 ~'~"~' ' X X X X X X
Maintain PC's in Training Room/.~.~ .~¢,a~.~., ~ X X X X X X X X X
16 Install SQL server (required by many applications) ~-~o~.~- X X X X X X X X X
17 Mobile Data Computers-PD I'~ ~ · X
18 Maintain CAD / RMS-PD ~ ? ~ ,'~/.'~ X
19 Single sign-on/fingerprint signori ~ ~.~[~ ,~ ~P.C~? X X X . X X X X X X
20 New Help Desk software (e-works) (/...,= - ~_t~ X x x x X x x X X
21 Megan's Law website t' ~ X
Information Systems
Changes
"-* ~ -/,O <~"1'~'~. Public Works Water Rec & Parks Dev Svcs Finance EDCD Fire Police CM
I Maintain Assessor Parcel file I ~ ~,-~. X X X X X X X X X
2V'~ 3 Maintain address rmint file / -- . X X X X X X X X X
/3'4 Train Departments on GIS soft--ware ' X X X X X X X x X
6 Create GIS maps for city websiteEt~,~ s~u~.) X X X X X X X X X
7 Specialized GIS maps on demand X· X X X X X X X X
8 Create base map for utilities, sewers, water, trees, etc. X X X X X X X X X
9 Contract GIS Work for Kern County & Other cities
10 Replace TRW-AssessorDatabase I x I x I x I x I x I x l x I x l x I
Web Services
Webpage Design
Graphics
Public Works Water Rec & Parks Dev Svcs Finance EDCD Fire Police CM
V4~~/.~' l Webpagechangesandmodiflcations I X I X I X Ix I X Ix Ix Ix Ix I
2 "Click to Gev" - online transactions for permits, ~ ~"
bus. License, parks reservations, code enf., etc. ./4~ x x x
3 _r'o;;~il Referral/Service Complaint trackin-~ X X X X X X X X X
""~' 4 e-mail notification of web page changes ~. ~ -- ,~.~.~. ,~-~ ~ X X X X X X X x x
5 e-mail of CrimeWatch by neighborhoods~° X X
6 Miscellanous web projects requested by departments X X X X X X X X X
as, & Pro,~ramm'n,q I~ ~z'~ ~ ~!
/
HTE
Maintenance
/
~ / Public Works Water Rec & Parks Dev Svcs Finance EDCD Fire Police CM
~.~/ Database Design
~}'/ Software Training
~ 1 Maintain HTE System (Acctg, Payroll, Permits, etc.) X X X X X X X X X
2 Solid Waste database project X
· . 3 Convert Corel files to Microsoft X X X X X X X X X
4 Convert Paradox databases to MS Access X X X X X
· 7~ .~ ~nm,~_~_ ~-rksoft data to Rectrack ~z/.*~/----~ X
6 Replace Pavement Management System L.~.f"~-~" :"r '/ X
8 Electronic Payroll changes (e-works) ' X X X X X X X X X
9 e-works forms for the web X X X X X X X X X
~,,.10 QREP support and training (data extraction program) X X X X X X X X X
11 Consolidate Wastewater customer database X
/~ \ ' 2 Shift Scheduling software ~ ~/<:; ~'" X x x x
13 Mobile Data Center {~D.~ ~ ~) X
· 14 Juvenile Firestarter
5 Defibrulation report (e-works)
PUBLIC STATEMENTS SPEAKER'S CARD
Urban Development Committee Committee of the City Council
YOU aC l~ imnvimti~o~ ddMr~ essti~egc~matmettee un (fer~Pu~t~a fe~me nts on any subj eot that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
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waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
Please fill out a Speaker's Card and present it to the Committee Chair:
David Couch
Name: ~"~ ~ ~ ,/~//-.. ,~
Company/
Organization:
Address: 5'-/~_~ff~
Phone: ~/'/'~---~o~ ~ax/o-mai,: ~ ~-/'/' ~' X o~.~
Subject:
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Committee Meeting Date oq~l,t )O7--
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Please fill out a Speaker's Card and present it to the Committee Chair:
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Subject: ~ ~/~l'JV~/-v,,~'
fl
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Committee of the City Council
Committee Meeting Date
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Please fill out a Speaker's Card and present it to the Committee Chair:
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Name: F P.,ts.l',J C,A LAq
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Organization: F__~v/C ~-~"~'D~_-[~) ~ ~,.~ ~,
Address: [ ~Z.~-.-7' ['Y~(~"['~-~._~', ~-_.~, 0_.~_
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Subject: J--~-~"
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Urban Development Committee Committee of the City Council
Committee Meeting Date ~l ~ I~. I
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
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waive the time limit. No action will be taken; this Committee gathers information and
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Please fill out a Speaker's Card and present it to the Committee Chair:
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Name:
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Urban Development Committee
Committee of the City Council
Committee Meeting Date
You are invited to address the Committee under Public Statements on any subject that
is listed on the Committee Agenda.
Public statements are limited to three (3) minutes per speaker with a maximum of fifteen
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waive the time limit. No action will be taken; this Committee gathers information and
reports back to the City Council.
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Organization: '~/"~'/~ ~
Address: '~/~'~ //~ ~ _~ -~_~ _~" ~' ~"'
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PUBLIC STATEMENTS SPEAKER'S CARD
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Committee Meeting Date
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is listed on the Committee Agenda.
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Company/
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Subject=
URBAN DEVELOPMENT COMMITTEE MEETING
Monday, January 14, 2002, 1:00 p.m.
City Manager's Conference Room - City Hall
Verbatim Transcript - Comment by Councilmember Benham
4. DEFERRED BUSINESS
A. Discussion and Committee recommendation regarding.leaf blowers
Stinson: (overview)
Benham: I had requested information on this and I really appreciate the work staff has
done, fairly exhaustive, and t do appreciate it. I noticed as I was going through
it, and I think I-went through it pretty carefully, that there really is no scientific
evidence to support the thought that the particulate matter and dust that is
stirred up is a significant factor in our air quality problems. I think that if we
were to have information like that, we would need to take a serious look at
restricting the use of leaf blowers. But, since we don't have any of that
information, I don't think we are justified in moving forward on anything at this
time. I share Mr. Rademacher's concerns about the noise problem, and I am
happy to listen to any of the gardeners who wish to speak to us, who took their
time to come today and I appreciate that, but I am not going to be suggesting
that we move forward with anything at this time. And I don't think, I don't say
at this time to suggest that a few months from now I am going to be coming
back, because I don't think there is going to be the kind of scientific evidence
that we would need from the air quality people. I wouldn't feel justified moving
forward without something like that, and t don't see any of that on the horizon.
Maggard: (comments)
Benham: I wish that - I would like to think that out of this session would come, maybe
some self-policing by people in the industry. Because, just in my own
neighborhood I see some really egregious examples of overuse of these
machines. And, I want to note that.we did have a report from the Recreation
and .Parks Department talking about how much more efficient it is to use these
machines and I am sure people in the.private sector would have that same sort
of information to pass on to us. One other thought that I forgot, I wanted to
know if Mr. Thiltgen had an answer to Mr. Rademacher's concerns last time
about part of the City Code relating to noise.
Thiltgen: (response) '
.~ .: PUBLIC STATEMENTS SPEAKER'S CARD
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,. Committee Meeting Date -J~,~. ~,{,,'~'~-
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· Company/ .....
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BAKER'SFIELD
City Manager's Office
1501 TRUXTUN AVENUE · BAKERSFIELD CA 93301
PHONE (661) 326-3751 · FAX (661) 324-1850
FAX TRANSMISSION
TO: Councilmember Benham
FAX #: (661) 325-4968 PAGES SENT: 3 INCLUDING COVER
FROM: John W. Stinson
Attached is a transcript of your main comments. If you want anything further, just let me
know. Also attached is Mr. Rademacher's address and phone.
JACK M. RADEMACHER
¢on4~ Jii~,~ En~nee~
MECHANICAL ENGINEERING '-
CHEMICAL ENG NEERING=
TO: Urban Development Committee;
Council Members Benham, Couch, Maggard, Et A1
FR: J.M, Rademacher, Et A1 (Watch/Resident Groups)
SUBJ: Code Enforcement
Date; January 14, 2002
Please recall previous meeting, October, 2001; Agenda:
"Leaf Blowers" with discussion Re: enforcement of C.O.B. MUNI-
,
CODE, Title 9, Noise.
Present use of blower equipment affects and infects the Health
and Welfare of our neighborhoods, and is not only a violation
of Title 9, but defies the Precepts of State of California H.
& S Act(CEQA); California Noise Control Act Sects 46000/46001,
and Rule 4102 of our Valley Air District...
Noise and our serious deteriorating air quality are increasingly
hazardous, intolerable, and unacceptable, in lieu of State dec-
larations and our own C.O.B. MUNI-CODE...
No person(s), Public/Private Entity is exempted by Title 9 to
Noise or Air Pollute; which may emanate from animals, stereos,
yard blowers, hovering aircraft, etc... C.O.B. Title 9, and
General Penalty 1.40, establishes criteria that must .be resol-
ved, abided by, and enforced by our Local Agency(s)...
Selective Enforcement of just some Muni-Codes is in defiance
of California Jurisprudence(Cal-Jurs), which includes many cases
in which the Courts have prescribed Mandamus as Remedy vs
Agency(s) that ignoredand failed to abide by duly enacted legi-
slation or regulations.., and further, that "Excuses" ARE not
acceptable reasons for fail~re to do so...
Hardship Causes, and Appeals, to regulations of Title 9, have
Options to "Request for Variance", OR INSTITUTE Referendum or
Revisions/~mmendments to these regulations, thru the appropriate
prescribed channels...
We respect and expect this Committee to provide Positive Leader-
ship regarding this Issue... May we receive your reply...
Respectfully, J. M. Rademacher ~~~,~, ~
P.O. Box 1016, BakerS~ield, 93301
ATTACH: C.O.B. Muni-Code TITLE 9, Penal~y 1.~// CAL Noise Control
Act Sects 46~0/46001// SJVAPCD Rule 4102// Amer. Juris
Noise Pollution Proof Facts pg. 181// U.S. Code Serv.
S~ct 4913 "Grants to local Govt QUIET COMMUN. PROGRAMS"
cngin~r h~ directexi tl~t work b~ ~dom~
Chap~r 9.22
, such ho~s to ~lcvia~ ~nfi~ ~c cong~fion.
B. N0~i~ng ~Y o~cr 'provisions of ~s :.'..
, NO~E chapter, if ~ ci~ m~ag~r dc~ncs ~at ~8 pub~""~ .
h~ ~d ~c~ will not ~ imp~ by ~8 ~fion, '. '
Sector: demolition, ~6on or r~p~ of ~y bdil~ng or ~8
9.22.010 No~e gener~ly, cxcava6ng ~d ~ading of l~d, su~ or ~ghways'~
9.22.0~ No~e dung const~cfon.
9.22.030 ~ment of so.ce fee. ~n ~c ho~ of ~nc p.m. ~d six a.m., ~d if h8
furor dcte~ncs ~at loss or inconvenience would result
to ~y P~ in in.rest by v~uc of ~c r~uircmcn~
9.22.010 No~e gener~ly, provid~ in subs~don A, hc may ~t a pc~t for such
A. It shall ~-unla~l for ~y person to willfully
m~c or continue, o~o ~ made or con6nu~, ~Y work to ~ done ~tw~n ~ ho~s of nine p.m. ~d six
loud, unn~css~ noise w~ch disturbs ~e peace or quiet a.m., u~n applica6on ~in~adc at ~c 6mc ~c ~t
of ~Y neigh~rho~ or w~ch causes dlscomfoa or for ~c work is aw~d~ or du~ng ~c pro~ss of ~8
~noy~c~ to ~ons residing wi~n one ~ous~d f~t work. Such pc~it may ~ ~t~ for a pcH~ not ~.
cxc~ ~ days, ~d may ~ extend~ by ~8 ci~
~ days. · ·
of ~ noise so~c~. ·
B. . ~c smd~ w~ch may be considcr~ in deter- m~agcr for a ~H~ not to exc~
~ning whe~cr a viola6on of ~c provisions of ~s C. ~ prov3'sion of ~s s~6on sh~l not apply ~.'.'
s~6on ~xis~ may include, but ~c not li~t~ to, ~e ~y work of cons~c6on ~dom~ on~ ~ous~d.f~t or.
mor~ ~om ~c n~est rcsidcnd~ dwelling. (~d. 3254 ~,..~.
following: 1, 1989) "" 1. ~e level of ~e noise;
2. ~c level ~d intensity of ~y back~ound noise;
3. ~e proximi~ of ~e noise to rcsidcn6M sloping 9.22.030 Ass~sment of si~ce fee. .
In ad~6on to ~e pen~W provided for in Chap~r 1~40 '.:
facili~es; of ~s CMo, a propc~ owner shall ~ ~scss~ a s~ic8 .
4. ~c nature and zoning of ~c ~ wi~n which f~ pursuit to Chapter 3.70 herein if ~ B~crsficld ""'
~c no~sc ~curs; police Dep~cnt res~nds more ~ on~ 6m8 in a ,.
5. ~e dcnsi~ of habi~6on of ~e ~ wi~in ~ ~y ~ for violation(s) of ~is chapter. (Ord.
w~ch ~e noise ~curs; 3793 ~ 1, 1997)
6. ~c Gme of the day or night the noise ~curs;
7. ~c dura6on of ~c noise;
8. ~cthcr ~c noise is rccurrcut, intc~ittcnt or
constant. .
C. Refrigerator ~cks sh~l bc pc~itt~ to o~ratc
in ~y commcrciM or m~ufacturing zon~ at all hours; .' .
provide, however, ~at such use does not emit nolsc or
impac6ng ncigh~ng'residcn6al "
vibradon dc~mentMly
proxies and ~c ~cup~ ~creof bctw~n ten p.m. and
seven a.m. For pu~oscs of ~s s~6on, noise mc~udng .
fifty d~i~ls at ~e property line of rcsidcn6~ propc~
shall cons6tutc a rcbut~blc presump6on of excessive
noise. (~d. 3254 ~ 1, 19~9)
9.22.020 No~e cluing court.etlon.
A. Exccpt ~ provid~ herein or in subs~6on B or
C of ~is s~don, it is unlawful for any person; finn or
co~ra6on to cr~t, demolish, alter or rcp~r any build-
ing, or to grade 0r excavate land, str~u or highways,
o~cr ~an ~twccn ~e hours of six a.m. and nine p,m, .
on w~kdays, and between eight a.m, and nine p.m. on
weekends; provide, however, that city crews ~d ~osc
of ~c ci~'s con.actors pcdo~ng street work ~twecn
nine p.m. and six a.m. ~e cxempt hc. rcfrom if thc city
341
1.40.010
Chapter 1.40
GENERAL PENALTY
Sections:
1.40.010 Violation---Penalty.
1.40.010 Violation---PenalD'.
A. Unless otherwise expressly provided in this code,
a violation of any provision of this code, or a failure to
comply with a_ny of the mandatory requirements of this
code,~ or counseling, aiding or abetting a violation or
failure to comply shall be punishable as an infraction or
misdemeanor.
Any person or entity convicted of an infraction under :'
this code where punishment is not otherwise provided in
this code, shall be punished by a fine not exceeding fifty
dollars for a first violation, one hundred dollars for a
second violation within one year, and two hundred fifty
dollars for each additional violation within one year.
Any person or entity convicted of a misdemeanor
under this code where punishment is not otherwise pro-
vided in this code, shall be punished by a fine of not
more than five hundred dollars, or by imprisonment in
the county ~ail for a period not to exceed six months, or
by both such fine and imprisonment. "
Each such person or entity shall be guilty of a separate '..'
offense for each and every day during any portion of ''
which any violation of any provision of this code is
committed, continued, or permitted by any such person
or entity and shall be punished accordingly.
B. In addition to the penalties provided in this
section, any condition caused or permitted to exist in
violation of an)' of the provisions of this code shall be .
deemed a public nuisance and may be, by the city, sum- '
rnarily abated as such, and each day such condition con- ·
tinues shall be deemed a new and separate offense. This
code may also be enforced by injunction issued out of the '"
superior court upon the suit of the city or the owner or
occupant of any real property affected by such violation
· .or prospective violation. This method of enforcement.
shall be cumulative and in no way affect the penal provi-
sig.ns..hereo f. ~'~,
("' ('C.) The Ci~ of Bakersfield shall be e.nfi~.e.d...t,o..._re._s.ti.-
I-c, tuti'tn for all expenses incurred enforcmo the provismn~
30
RULE 4102 NUISANCE (Adopted May 21, 1992, Amended December 17, 1992)
1.0 Purpose
The purpose of this rule is to protect the health and safety of the public.
2.0 Applicability
This rule shall apply to any source operation which emits or may emit air
contaminants or other materials.
3.0 Exemption
3.1 The pro,,4sions of this rule do not apply to odors emanating from agricultural
operations in the growing of crops or raising of fowl or animals as defined in
Rule 4103 (Open Burning).
4.0 Requirements
4A A person shall not discharge from any source whatsoever such quantities of
air contaminants or other materials which cause injury, detriment, nuisance
.. or annoyance to any considerable number of persons or to the public or which
endanger the comfort, repose, health or safety of any such person or the
public or which cause or have a natural tendency to cause injury or damage
to business or propert~
4102 - 1
SjvI.IAPCD
FINDINGS AND DECLARATIONS {} 46001
§ 46000. Legislative findings and declarations
The Legislature hereby finds and declares that:
(h) Excessive noise is a serious hazard to th_e public health and welfare.
(bi ~xPosure to certain levels of 'noise can result in physiolog'i?i]
psychological, and economic damage.
(c) There is a continuous and increasing bombardment of noise in the'
urban, suburban, and rural areas.
(d) Government has not taken the steps necessary to provide for the
-control, abatement, and prevention of unwanted and hazardous noise.
(e) The State of California has a responsibility to protect the health and
welfare of its citizens by the control, prevention, and abatement of
noise.
(th All Californians are entitled to a peaceful and quiet environment
withotit the intrusion of noise ~vhich may be hazardous to their health
or welfare.
(g) It is the, policy of the state to provide an environment for all
Californians free from noise that'jeopardizes their health or welfare. To
that end it is the purpose of this division to establish a means for effeC
tire coordination of state activities in noise control and to take such
action as'will be necessary to achieve the purposes of this section.
Added Stats 1975 ch 957 § 16.
ltistorical Derivntion:
Former H & S C § 39800, as added Stats 1973 ch 1095 § 1.
§ 46001. Powers and rights not limited or expanded
NO provision of this .division or ruling of the Office of Noise Control is
a limitation' or expansion:
· la) On .the power of a city, county, or city and county to adopt and
enforce additional regulations, not in conflict therewith, imposing fur-
ther conditions, restrictions, or limitations.
(b.) On the power of any city, county, or city and county to declare,
prohibit, and abate nuisances.
~(c) On the power of the Attorney General, at the request of the office,
Abe state department, or upon his own motion to bring an action in the
name of the people of the State of California to enjoin any pollution or
nui~nce or to protect the natural resources of the state.
~d) On the poxver of a state agency in the enforcement or administra-
tion of any provision of law which it is specifically permitted or required
t~enforce or administer.
,tej On the right of any person to maintain at any time any appropriate
~Cllon for o rlvate nuisance
/~. '. r~ief a,ainst any p ' ' as defined in the Civil
' ~e or for relief ~ainst ans.' noise pollution.
"': Stats 1975 ch 957 ¢ 16.
ill
/~N0~SE cONTROl, ACT ," .:
14istorical Derivation:
Former 14 & S C § 3950l, as added Stats 1973 ch 1095 § l.
' 0ss References: .- '~ ,
OPficeLp~,,.° I~ 3¢ S C § 4.6723',. ss 46040 et seq.. Ordinances: t4 & S C
State awc'' J; ,~trnl' t4 c',: o ~- ~,~ .... ~no noise control .
Office of No~se ~-u','~'~',~'~,ql ao_encies m prep ....... . .-
Office's assistance tu · ~ . . ..
~5 et seq CCP § 64i.2.
Nuisance: CC .~: ive relief: CCP ~§ E.~ ~n e~vironmental action: § 7. -".;
Procedure for m.~u_:n~c.t ,malification ot rem~-,- ·
cit to make and enforce ordinances: ConSt Art XI
Objection to techm~-al '*--- '
p,~wer of county o.r Y'-'~v C 8§ 12600 et seq.: .... Gov C § 3'/100.
~vironmental acttons.: ~i,w hc~V to ass orcnnancc~. :
EAnt~thority of city's legist ......... P '
lution Control § 205:45.
'.; , Forms: _ _ ,~A tReY) Pol ~ --ol Form 21. 3~.819 et -
.. AmJur .... LEd bnv~ronmcn
-*- Fed Proc pom~>, ' ' ·
proof of Facts: · - ~n t
nun~}2 ~ Am Jut Vroo
mineBt oom~,,[',, o i ,n or blllDoaru ao ..;~.,n e 43 Anl lu~ - -
no advertlsmv s g · ..~BlO orivgte nu'~"'c ' .-.
Colnlnerclal activtt~
Annotations: * to enjoin public nuisance qs affected-by existence of ':,'~
Right to maintain acUon
~ion control agency. 60 ALR3d 665. noise or electric charge transmitted
. , ~ for injuD' by
line 99 ALKo ' constituting taking or
Ai~ort operations or flight of aircraft as
22 ALR4th 863.
LiaNht) fo · ~ ~ b" defenOant s .... ;.~ in [
the like o~cas~tn%t; XLR4th 119}. _: organization to ma'nt~'.p.i?~y~r cc
public h?~?~Z citizen, a%°ciau°n'~[.-i~l development gr acu~., to envir
Standing ot p[,~.a~ ...... lief atainst c°mm~5.~ ~qeeed to ~ nam~jm_~ ~ 1 A'
ourt for injunctlxc ~ ,.~nmental Pr°3ec)> ~'~.~ wild life remg~. · .
' ~ion of highways,'or g?~}ilqr recreational area ....
~n public parks, othe~ su ..... cHA general indust~ stanua,..
V~?~ity' consuuctt°n' and apphcatton ot t¢o local
to occopational noise. 43 ALR Fed 159.
,in~ exposure Federal Constitution. of federal, state or . .:
X~ all'ltv under
regulations. 36 L Ed 2d 1042. '.:~
} 46002. Federal standards be construed as giving the
Nothing in this division shall - · for adopting or .
..... esnonsibfl~tY , ._~ ~ reoulattOn
cmm-ol authont~ ~ .'2,,~, nroduct for wn.~ct~"_,,;~5~nment~
~,~<<ion standards ~ot ""q.~5,-qloatcd by the ~u .... ..
ct, ..... .'~a or prutttt m
could be, prescient,' ·
Agency under tile Noise Control Act of 1972
Added Stats 1975 cb 957 ~ 16.
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