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HomeMy WebLinkAbout04/23/2001 BAKERSFIELD Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Monday, April 23, 2001 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA , 1. ROLL CALL 2. ADOPT FEBRUARY 26, 2001 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW AND RECOMMENDATION REGARDING PUBLIC ACCESS TELEVISION 5. NEW BUSINESS A. REVIEW AND DISCUSSION REGARDING ANNOUNCING CLOSED SESSION ACTION B. REVIEW AND RECOMMENDATION REGARDING STANDARDIZATION OF PUBLIC NOTICE FORMAT 6. COMMITTEE COMMENTS 7. ADJOURNMENT FiLE COPY BAKERSFIELD -Alan Tandy, City~l~anager Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan -AGENDA SUMMARYREPORT LEGISLATIVE AND LITIGATION COMMITTEE Special Meeting Monday, February 26, 2001 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:04 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan arrived at 1:08 p.m. 2. ADOPT NOVEMBER 28, 2000 AGENDA SUMMARY REPORT Adopted as submitted. 3.PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW AND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE OR RESOLUTION OUTLINING THE ANNEXATION PROCESS WITH CONSIDERATION OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE; REVIEW OF DRAFT GUIDE TO ANNEXATION PROCESS City Attorney Bart Thiltgen explained that new procedures for annexation under state law takes precedent over City efforts in annexation efforts. As of January 1, 2001, LAFCo became the conducting authority and is required to establish policies and procedures which implement the intent of the new law. Under the Act, the City is no longer designated as the agency required to give notice, to hold protest hearings and to determine whether elections are necessary for proposed annexations. Those responsibilities now reside solely with LAFCo. City Attorney Thiltgen and Deputy City Attorney Carl Hernandez answered DRAFT Agenda Summary Report Legislative and Litigation Committee February 26, 2001 Page 2 questions from Committee Chair Benham and Committee member David Couch. Deputy City Attorney Hernandez explained LAFCo's policies a. nd procedures must be in place by January 1, 20O2. Also affected by the new law is Urban Development Committee Report 1-98 which was passed 'by Council on May 20, 1998. The report had been under review by the Legislative and Litigation Committee for replacing and/or elimination as part of the Committee's review of the broader annexation issue. With the passage of AB2838, many of the issues which were being reviewed became moot. After discussion, it was motioned, seconded, and passed that the Committee forward to Council a recommendation to rescind Urban Development Committee Report 1-98 as it is no longer applicable under current state law. Committee Chair Sue Benham asked that public comments be limited to five minutes per person. Area residents Barbara Fowler and Becky Kaiser indicated they felt some of the pre- legal annexation issues which had previously been discussed were still applicable. The Committee directed the City Attorney to forward to Mr. Bill Turpin, Execu(ive Director of LAFCo, the Committee's suggestions, after removing those which were no longer applicable under state law. Staff wilr monitor the progress LAFCo makes in the development of its new processes on 'annexation. Staff is to report back to Committee in four to six months on LAFCo's progress. 5, NEW BUSINESS A. REVIEW AND RECOMMENDATION REGARDING PUBLIC ACCESS TELEVISION City Attorney Thiltgen explained that Mr. Mason's request had three components. The first asked for the City Council to declare KCPA-TV the representative for public access TV in Bakersfield. City's existing non-exclusive cable franchises do not authorize the City Council to declare any individual or organization to be the representative for public access TV. (Mr. D. K. Mason indicated he could agree with this position.) .; The second asked the City Council to help KCPA-TV negotiate with the cable companies about the user agreement. Since no provision exists in the cable franchises for the City to dictate or approve the user agreement criteria of the companies, there is no authorization for the City to act as an agent for KCPA-TV and negotiate with the private cable companies. City Attorney Thiltgen recommended the City not assume this liability and suggested private entities needed to negotiate among themselves without City involvement. The third asked the city to provide a grant of $60,000 to KCPA-TV for the purpose of convincing the community to agree to a voluntary line item additional subscription charge on their cable bill which would be conveyed to KCPA-TV for operating costs. (An original request was for $86, $160 the first year, and $150,000 every year thereafter.) City Attorney Thiltgen recommended the request be denied based on Council's general policy of not granting funds for on-going operational costs, deficiencies within KCPA's financial statement and business plan, and the inability to confirm that KCPA-TV was indeed a 501(c)(3) charitable corporation. Agenda Summary Report Legislative and Litigation Committee February 26, 2001 Page 3 Mr. Jeff Thielscher indicated they were a 501(c) organization right now. They do have the paperwork and everything to put that through, that it has all been set up. Mr. D. K. Mason and Mr. Thielscher felt the cable companies were not complying with federal laws regarding public access. Deputy City Attorney Alan Daniel indicated his review of the issue had indicated no non-compliance. City Attorney Thiltgen agreed. Councilmember Jacquie Sullivan and Committee Chair Benham indicated they both felt this was a situation between two-private parties disagreeing on an issue. '"' After further discussion among Committee~members, Committee Chair Benham asked Mr. ~. Mason and Mr. Thielscher if they could be ready to present counter-arguments to the City's ~· attorneys, clearly and concisely, by an April meeting. She specifically asked for: 1) specific examples where the cable companies are not in compliance with federal rules, including the legal basis for such; 2) the legal authority indicating the FCC can supercede franchise contract; 3) verification that 'Bakersfield is the only city in California that doesn't have or control public access; 4) if a majority of California cities do have public access, how have they accomplished it. Mr. Mason and Mr. Thielscher indicated they would be abl(~ to provide the requested information. Committee member Jacquie Sullivan indicated she wanted City Attorney staff to review Mr. Mason's and Mr. Thielscher's submissions prior to it being brought back to Committee. City Attorney Thiltgen also requested that in their submissions they provide the legal basis for their arguments on an item by item basis on the criteria the cable companies are providing to them and by the legal citations on why that would be illegal. Committee Chair Benham indicated that if Mr. Mason and Mr. Thielscher needed more time, the issue could be delayed to the following Committee meeting. She also indicated that Administrative Analyst Trudy Slater would be the contact person should they have questions on-what is being asked of them. B. REVIEW AND RECOMMENDATION REGARDING 2001 LEGISLATIVE PLATFORM Administrative Analyst Trudy Slater presented the 2000 Legislative Platform with proposed changes for 2001. She explained current legislative concerns are captured in the City's "' Legislative Platform which identifies the City's legislative priorities for the year. This allows " the City to focus its limited resources on legislative areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. Ms. Slaterindicated city elected officials and.department heads had been contacted for their input regarding proposed changes. After discussion of proposed changes and suggestions from Committee members, significant changes included shortening the introductory statement; adding, under General Policy Statements, support for legislation which maintains the provision of essential public utility services (e.g., electricity, natural gas, water) in a cost- effective manner and opposition to ·legislation which shifts to the state or federal government control of traditional municipal affairs. Under General Government, support for legislation which facilitates and expedites municipal annexation efforts was removed due to recent major state changes in annexation law. With the changes discussed, it was motioned, seconded, DRAFT Agenda Summary Report Legislative and Litigation Committee February 26, 2001 Page 4 and passed to recommend the proposed 2001 Legislative Platform to. City Council for approval. C. DISCUSS AND SET 2001 COMMITrEE CALENDAR Administrative Analyst Slater presented the proposed calendar for the upcoming year, indicating that setting a calendar expedited Committee planning efforts. Committee Chair Benham thanked Committee members for being willing to meet at the 1:00 p.m. time slot. After discussion, a motion was made, seconded, and passed to approve the following Committee schedule for 2001, meetings to begin at 1:00 p.m.: March 26, April 23, June 25, August 27, September 24, October 22, and November 19. 6.COMMITTEE COMMENTS None. 7, ADJOURNMENT ' The meeting adjourned at 2:35 p.m. Staff Attendees'..City Manager Alan Tandy, Assistant City Manager Alan Christensen, Administrative Analyst Trudy Slater, Assistant to the City Manager Darnell Haynes, City Clerk Pam McCarthy; City Attorney Bart Thiltgen, Deputy City Attorneys Alan Daniel and Carl Hernandez Other Attendees: Mayor Harvey Hall, Ray Allen, Barbara Fowler, Becky Kaiser, D. K. Mason,. Jeff Thielscher (L&L~LO10226.MIN.wi:x:I) BAKERSFIELD MEMORANDUM April 17, 2001 TO: Legislative and Litigation Committee /7/ FROM: Pamela A. McCarthy, City Cler~~ SUBJECT: Standardized Legal Notice Format When legal notice of Council action is required, consistent language is used whenever Possible in accordance with State law. Attached are some actual notices and examples used by the City Clerk for preparing and publishing legal/public ~notices: Guidelines for Public Notice - Exhibit A. This booklet identifies many legal requirements for providing public notice for various types of municipal issues. As State law is continually changing, clarification is often sought by the City Attorney. Notice of Public Hearing before the Council regarding Proposed Annexation - Exhibit B. This notice contains the standard language used for annexations. Although LAFCo handles the noticing for inhabited annexations, the City uses this language for all uninhabited annexations. · Notice of Public Hearing before the City Council - Exhibit C. This notice contains the standard format used for all appeals to the City Council. · Notice of Public Hearing before the Council of the City of Bakersfield - Exhibits D 1-D3. · Sewer User Charges · GPA · GPA/Zone Change Each of the hearing notices is basically consistent in format: .: 1) Notice contains identical headings. 2) First paragraph always includes date, time, place and purpose. 3) If necessary, the next paragraph identifies information regarding the specific project. 4) Last paragraph consistently addresses submitting written comments and information concerning challenging the final decision in court. · Copy of actual Legal Notice published in The Bakersfield Californian - Exhibit E. 1) Pursuant to State law, all legal notices must be published on a newspaper's legal page. 2) Notices must be published in an adjudicated newspaper of general circulation. 3) Based on space needs, The Bakersfield Californian has the prerogative to lay out the legal page as they see fit. Occasionally, as shown on the exhibit, this results in a combination of classified and legal notices on the same page. Attachments cc: Alan Tandy, City Manager John W. Stinson, Assistant City Manager Alan Christensen, Assistant City Manager P:\Parn~legislative and litigation memo.wpd GUIDELINES FOR PUBLIC NOTICE Prepared by LAW OFFICES OF OLIVER, VOSE, SANDIFER, MURPHY & LEE A PROFESSIONAl. CORPORATION FIGUEROA COURTYARD 281 SOUTH FIGUEROA, SECOND FLOOR LOS ANGELES, CALIFORNIA 90012-2501 (213) 621-2000 Fax (213) 621-2211 November 30, 2000 Please be advised that this information which is being provided as a public service has been obtained from sources believed reliable. This information, however, may not be complete and cannot be guaranteed by the firm. Any person or ~ersons intending to rely on this information should consult with an attorney for legal advice. ' ~ EXHIBIT'A TABLE OF CONTENTS Meetings Agenda ..................................... . . Regular .................... ' .............. ' ........................................................... I specie, ............................ :::::::::::::::::::::::::::::::::: ..................................... Continued ................................................................................................ 2 Emergency ............................................................................................... 2 Ordinances City Council chooses to publish full text of ordinance/amendment after adoption .................................... 3 City Council chooses not to publish full text of the ordinance/amendment after adoption and a fair ancl adequate summary c. an be prepared 3 City Council chooses .not to publish the complete text of ordinance/amendment after adoption and determines that a fair and adequate summary cannot be prepared ......... -'" .................................. 3 .~lannin_cLand Zoning Adoption or Amendment to Zoning Ordinance ..................................................... 4 General Plan (Planning Commission public hearing) ......................... · .................... iii. iii ....... General Plan (City Council public hearing) ............ ' ............................................ . ..' ...... 5 Adoption of an Interim Ordinance as urgency measure; extensions 5 Variance, conditional use permit, or 6 equivalent development permit California Environ men tai~alit_~_A~) Notice of Fxemption from CEQA ........................ i .... Notice of Intent to Prepare Negative Declaration ............... . ........... Notice of Determination (Negative Declaration) ............... . ............ Notice of Preparation of EIR ................................. ............ Notice of Availability of FIR .................. '-- ......................................... Notice of Determination, (EIR) ..................................... .......................................... rams ~LCP s) ......................... ....................................... 10 General Taxes ~ssessments 11 -' ~ 11 New or increased assessments Charges for services and facilities furnishedb" - ,, SpeclalAssessment · . . . . Y enterprise ....... · ............................. l..m. prove, ment Act of ll~st.'~'~n' L,m,tat,on &Major, ty Protest Act of 1931 .. ' ................................... 1.2,~ ~reet L~ghting Act of 1919 ................................... ' ................................ ' Landscaping and Lighting Act of 1972 ..................... . ..................... 15 Parking District Law of 1951 ................... ' ........... . ........... 15 ~ Related Fees or Charg~ ................................................................................ 17 'ised 11/30/2000 ii~ _Develop~ment Processing_F. ees Redevelopment Plans and Agen__cies Project Area Committee Formation Redevelopment Plan Approval/Adoption ........................................................... Redevelopment Plan Amendment .................................................................... Legislative Body Self Appointment ..................... ' ............................................... 5-Year Implementation Plan Adoption ........................ ...-.-:-. .................................... 2[: Sale of Redevelopment Agency Property . .' ........... ~ ...... : .............. ' ' ................................ 2[: Use of Tax Increment Funds for public Buildings .......... 'evised 11/30/2000 III LAW OFFICES OLIVER, VOSE, SANDIFER, MURPHY & LEE A PROFESSIONAL'CORPORATiON FIGUEROA COURTYARD 281 SOUTH FIGUEROA, SECOND FLOOR LOS ANGELES, CALIFORNIA 90012-2501 (213) 621-2000 GUIDELINES 'FOR PUBLIC NOTICE At least 72 hours before Post at location freely · Brief general description of items, regular meeting; at least accessible to public, including including closed session items 24 hours before special a[ler hours meeting · Time · Location .;ovt. Code Notice of any meeting Persons who bare filed written At time agenda Is posted Mail i4954.1 of legislative body request for notice or distributed to members · Agenda; or of legislative body; · All documents constituting agenda whichever occurs first, packet ;ovt. Code Notice of Special To local newspapers of general Received at least 24 hours 4956 Meetings circulation and radio or TV before meeting ' Delivered person~ll~ or by any · Business to be transacted or discussed station requesting notice in other means writing · Time · Place Each member of legislative Received at least 24 hours Delivered personally or by any Same as above body, unles_____.~s wrilten waiver before meeting other means notice filed; o_~r actual altendance at meeting ITEM TO WHOM WHEN WHERE CONTENTS Govt. Code Order or Notice of General public 54955 Adjournment Within 24 hours after the Conspicuously posted on or · Time time of adjournment near door of the place where · Place tile meeting was held Govt. Code Order or Notice of General public Within 24 hours after Conspicuously posted on or · Time 54955.1 Continuance of Hearing continuance Is granted near door of the place where · Place (to a time mor.____~e than 24 ~ adjourned meeting was held hours later) Govt. Code Order or Notice of General public Immediately following the Conspicuously posted on or · Time 54955.1 Continuance of {cont.) Hearing (to a time less meeting near door of the place where · Place Ihan 24 hours later'~--- meeting was held · Hearing item continued Govt. Code Notice of Emergency General public 54956.5 Meeting As soon as possible Post at location freely · Business to be transacted or discussed accessible to public · Time · Place Each member of legislative body As soon as possible Delivered personally or by any Same as above other means To each local newspaper of As soon as possible after Notified by legislative body or · Fact of holding emergency meeting general circulation and radio or meeting designee ' TV station requesting notice of · Purpose of the meeting special meetings per § 54956 · Any action taken and telephone service is u.~nav_ailab e Minutes o1' Emergency General public Meeting As soon as possible after Public place meeting for a minimum of · List of persons who presiding officer or 10 days o , designee notified or attempted to notify · Copy of rollcall vote ~evised 11/30/2000 ORDINANCES Govt. Code Publication or posting of ordinances General public Within 15 days after Published at least once in a newspaper · Full text of ordinance 36933 . passage of general circulation published and · Names of council members circulated in the city voting for and against If above newspaper does not exist. posted in at least 3 public places in the City or published in a newspaper of general circulation printed and published in the County and circulated in the City Second Alternative: Where cily General public At least 5 days prior to Must be published in a newspaper Of Summary of proposed council chooses to publish a meeting at which general circulation published and ordinance summary of the proposed ordinance ordinance is to be and designates the official to prepare circulated in the city such summary adopted Posted in office of city clerk · Certified copy of full text of AND proposed ordinance Within 15 days after Must be published in a newspaper of · Summary of adopted adoption general circulation published and ordinance circulated in the city · Names of council members voting for and against ordinance Posted in office of city clerk · Certified copy of full text of ordinance · Names of council members voting for and against ordinance Third Alternative: Cily oft'icial General public At least 5 days prior to At least a 1/4 page display · General nature of and provide designated by city council meeting at which advertisement published in a determines that it is not feasible to ordinance is to be , information about proposed prepare a fair and adequate summary newspaper of general circulation In Iho ordinance of the proposed ordinance, and city adopted city council so orders · Inl~ormation regarding where copies of complete text can be AND oblained Within 15 days after At least a 1/4 page display · General nature of and provide · adoption advertisement published in a information about adopted newspaper of general circulation in the ordinance city · Information regarding where copies of complete text can be obtained Revised 11/30/2000 3 PLANNING AND ZONING ;ovt. Code Notice of Planninq Commission's General public At least 10 days before Publish In newspaper of general · Date 5853 public hearing for adoration or hearing circulation within the city 5854 .a. mendment to zoninq ordinaner~ · Time 5090 which changes zoning on property · Place 5091 or imposes any regulation listed ill If there is no newspaper of general · Ilearing body or otficer G.C. § 65850 circulation, post In 3 public places · General explanalion of matter within city · General description of the location of real property subject to hearing Persons who file Al least 10 days before Mail written request for hearing Same as above notice If proposal affects permitted uses or Property owner or At least 10 days before Mail or deliver Same as above intensity of uses of real property agent and project hearing applicanl Real property At least 10 days before Mall or deliver .a. nd publish In Same as above owners within 300 hearing newspaper of general circulation in city feet on latest o~r post In three public places Including assessment roll one in area affected If number of real At least 10 days before Publish 118 page display advertisement Same as above ~ property owners hearing in newspaper of general circulation exceeds 1000 within cily If other local agency's ability lo Affe(~led local At least 10 days before Mall or deliver provide water, sewage, streets, agency hearing Same as above roads, schools, or oH)er essential facilities may be significantly affected 3vt. Code. Notice of ~ public General public At least 10 days before Publish in newspaper of general · Date · ;853 hearing on adoption or amendment hearing ;856 to zoninq ordinance which cha~g~ circulation wilhin the clly · Time 1090 zoning on property; or imposes any · Place regulation listed in G.C. § 65850; or If there is no newspaper of general · Hearing body .appeal ofPlanninq Commission',~ circulalion, post in 3 public places · General explanation of matter .rpcommendation to deny rezonfiLq within city · General description of Ihe location of real property subject of hearing Persons who file At least 10 days before Mail written request for hearing Same as above notice /ised 11/30/2000 '~ 4 ITEM TO WHOM WHEN WHERE CONTENTS .'iovt. Code Plannin Commission public General public At least 10 days before Publish in newspaper of general · Date ' i5353 hearing re: recommendation on bearing circulation within lite city · Time ;5090 adoption or amendment of General ,5091 Plan ' · Location If there is no newspaper of general · Hearing body or officer circulation, post In 3 public places · General explanation of matter within city · General description of the location of real property subject to hearing If General Plan or amendment Property owner or At least 10 days before Mail or deliver affects permitted uses or intensity of agent and applicant hearing Same as above uses of real property Real property At least 10 days before Mail or deliver .and publish in Same as above owners within 300 hearing newspaper of general circulation in city feet on latest o__[r post in three public places including assessment roll one in area affected If number of real At least 10 days before Publish 118 page display advertisement Same as above property owners hearing in newspaper of general circulalion exceeds 1000 within city Persons who file At least 10 days before Mail written request for hearing Same as above notice If other local agency's ability to Affected local At least 10 days before Mail or deliver provide water, sewage, streels, agency hearing Same as above roads, schools, or other essential facilities may be significantly affected ~vt.=Code ~ public hearing re: General public At least 10 days before Publish in newsp,~per of general · Date 355 .a..doption or amendment of General ' ~ 990 Pla.___~n hearing circulation within the city · Time · Location If there is no newspaper of general · Hearing body or officer circulation, post in 3 public places · General explanation of mailer within city · General description of the location of real property subject to hearing Persons who file At least 10 days before Mail written request for hearing Same as above notice rsed 11/30/2000 .5 Govt. Code Public hearing re: adoption of General public At least 10 days before Publish In newspaper of general · Date 65858 Interim Ordinance as urqenc¥ hearing circulation within the city · Time 65090 measure; adoption of extensions · Location If there is no newspaper of general · Hearing body or officer NOTE: Notice is not required to clrctJlation, post in 3 public places · General explanation of matter adopt an Interim ordinance lasting withhl city · General description of the location 45 (fays. If none is provided, the 1st extension after public heari~g is for of real property subject to hearing 10 months, 15 days; and the 2nd for I year. If a noticed public hearing is provided upon initial adoption, then the 1st extension is for 22 months, 15 (lays. Persons who file At least 10 days before Mail Same as above written request for hearing notice L. Govt. Code Public hearing re: approval, General public At least 10 days before Publish in newspaper of general · Date .; 65867 amendment or cancellation of a hearing circulation within the City · Time : 65090 Development Aqreement 65091 · Place If there Is no newspaper of general · Hearing body Note: This notice is in addition to circulation, post in 3 public places · General explanation of matter ~ any other notice required by law for within city other actions to be considered · General description of the location concurrently with the Development of real property subject to hearing Agreement Persons who file At least 10 days before Mail Same as above written request for hearing notice : (Continued on next page) Property owner or At least 10 days before Mail and deliver Same as above agent and applicant hearing ' ' Real property At least '10 days before Mail or deliver and publish in Same as above owners within 300 hearing newspaper of general circulation within feet on latest city o_.[r post in three public places assessment roll · including one in area affected !evised 11/30/2000 Govt. Code If number of real At least 10 days before Publish 1/8 page display advertisement Same as above 65867 : 65090 property owners hearing In newspaper of general circulation 65091 exceeds 1000 within the city (cont'd) If other local agency's ability to Affected local 'At least 10 days before Mail or deliver Same as above provide water, sewage, streets, agency hearing roads, schools, or other essential facilities may be sig~iticanlly affected Govt. Code Nolice of public hearing regarding Property owner or At least 10 days before Mail or deliver · Date 65905 applications, revocation or agent and applicant hearing 65091 modification for variance, · Time conditional ~se permit, or eq~fivalent · Place development permit, or appeal of · Hearing body action thereon, qenerally~ · General explanation of matter · General description of the location of real property subject to hearing Real property Al least 10 (fays before Mail or deliver an._._~d publish In Same as above owners within 300 hearing newspaper of general circulation in city feet on latest o_.[r post h~ three public places Including assessment roll one in area affected If number of real At least 10 days before Publish 118 page display advertisement Same as above property owners hearing in newspaper of general circulation exceeds 1000 within city Persons who file At least 10 days before Mail written request for hearing Same as above nolice If other local agency's ability lo Affected local Al least 10 days before Mail or deliver : provide water, sewage, streets, agency hearing Same as above roads, schools, or other essential , ' facilities may be significantly affected Govt. Code Any permits, approvals, ordinances The blind, aged, and .At same lime as Publish or Post Same as above 65090 or policies related to drive-through disabled olherwise required. At Mail or deliver 65091 facilities, communities, least 10 (lays before I~earing on permits and ~ approvals. Revised 11/30/2000 '~ 7 CALIFORNIA ENVIRONMENTAL QUALITY CEQA Notice of Exemption from CEQA General public After approval of project File with County Clerk. Within 24 Brief description of project Guidelines (optional) · 15062 hours, County Clerk will post for 30 · Finding that project is exempt from days CEQA, including citation to Guidelines All public agencies are encouraged to · Brief statement of reasons to also make postinfjs available In stq)port finding electronic format on the Intern·t. Pub. Res. Notice of Intent to Prepare Negative Responsible and At least 20 days prior to Mail · Brief description of project Code Declaration or Mitigated Negative trustee agencies and I'~earing, unless the · Start and end dates of public 21092 Declaration parties who have document Is sent to Ih· File with County Clerk. Within 24 review period 21092.3 requested to receive State Clearinghouse, i~ hours, County Clerk will post for 30 · Date, time and place of scheduled CEQA public notice which case the review days Guidelin0s public meetings and hearings 15073, 15072 period is 30 days ·Address where copies of negative and at least one of the following: declaration are available for review · Whether any listed toxic sites are 1. Publication In newspaper of general present circulation in city · Other specific project related information required by statute 2. Posting on and off site in area 3. Mail to owners and occupants of contiguous property. Pub. Res. Notice of Determination General public Within 5 days of File with State OPR Code 21092.3 · Project name CEQA approval of project and · Project location Guidelines adoption of negative File with County Clerk. Within 24 · Project description 15075 declaration hours, County Cl~rk will post for 30 · Date of approval days · Determination that project will not have any significant effects on All public agencies are encouraged to environment also make postings available in · Address where document may be electronic format on Ihe Internet. reviewed Revised 11/30/2000 '~ 8 Pub. Res. Notice of Preparation of EIR Responsible and Code 21092.2 Immediately after Mail (certified to agencies) · Brief description of project CEQA trustee agencies, deciding lhat EIR is Guidelines affecled federal required · Description of location on attached 15082 agencies and parlies map who have requested · Date, time and place of public to receive pt~blic hearing notice · Address where documents or tiles will be available for review · Address for submission of wrilten comments · Deadline for submitting commenls Pub. Res. Notice of Availability of Draft EIR and Responsible and At time notice of Code Recirculation Mail 21104, 21153, trustee agencies, completion is sent to · Project description · Project location 21092, 21092.3 affected federal OPR at least 30 (but no File with County Clerk. Within 24 ·Identification of significant CEQA agencies and parties more than 60) days prior hours, County Clerk will post for 30 environmental effects Guidelines who have requested to hearing date, unless days 15087 to receive public sent to State Clearing · Specification of review period notice House (45 days · Date, time and place of public minimum) hearing · Address where draft EIR Is available for review · Identlticatlon of location of General public and at least one of the following: documents referenced in EIR · Statement of whelher site is listed 1, Publication in newspaper of general toxic site circulation in city 2. Posting on anti off site in area : 3, Mail to owners and occupants of conti~juous property, Pub. Res, EIR Notice of Determination General public Code 21092.3, Within 5 days of File with State OP, R, '-'---------- 21152 approval of project and · Project name · Project description CEQA adoption of negative File wilh County Clerk. Within 24 · Project location Guidelines declaration hours, County Clerk will post for 30 · Date of project approval 15094 days · Statement that EIR was prepared and certified All public agencies are encouraged 1o · Summary of project's significant also make postings available in effects electronic format on the Internet. · Whelher findings were made and a Statement of Overriding conditions adopted · Address where final EIR may be vised 11/30/2000 .9 LOCAL COASTAL PROGRAMS .CODE~ I ITEM I TOWHOM I WHEN I WHERE I CONTENTS Pub. Res. Code Preparation and -Any member of public who Notice of availability of Mail The contents of the notices are not 30500, 30503, adoption of Local requests mailed notice documenls for review specified, but should include the 30504 Coastal Programs -local governments contiguous must be given as soon as documents available, the date of with LCP area, documents are available, availability, the location where they can be 14 Cal. Code .local governments, special but at least 6 weeks prior viewed and the methods for oblaining Regs. 13515 districts, or port or harbor to any final agency action, copies of the documents. Drafts of districts that could be directly documents should be made available for affected, review at local libraries, the offices o! the · specified state and federal local agency, and the Coastal Commission agencies, Offices. · local libraries and media · other interested regional or federal agencies. Notice of local General Public and all interested Notice of hearings must be Mail and publish. Contents of the notice are not specified, government's hearings persons and public agencies, given not less than 10 but at minimum, should contain a on LCP working days before the description of the action, and tho date, hearing, time and place for the hearings. Revised 11/30/2000 '~ 1 0 ASSESSMENTS2 CODE~ . I ITEM I TOWHOM I WHEN I WHERE I CONTENTS Cal. Const. New or Increased Assessment - levy Record owner of At least 45 days prior to Mailing, postage prepaid, deposited in Notice Contents Article XIIID or charge upon real property by an each identified the date of'lhe public the US Postal Service · Total amount chargeable to entire agency for a special benefit parcel. "Record 'hearing upon the district Elections Code conferred upon Ihe real property by owner" Is the owner proposed assessment Assessment ballot proceeding · Amount chargeable to tile record 4000 a public improvement or service whose name is owner's parcel shown on the last Public Ilearing · Duration of tile payments Govt. Code Note: Any agency that complies with equalized general · Reason for assessment 53739 the notice, protest and hearing . tax assessment roll. · Basis upon which amount of 53750 requirements of Cal. Const. XIIIC or Gov't Code proposed assessment was made 53753 XIIID shall not be required to comply § 53750(j). · Date, time & location of public with any other statutory notice, hearing on the proposed assessment (Prop 218 and protest, and hearth!3 requirements · Summary of the procedures for the Prop 218 that would otherwise be applicable completion, return, and tabulation of Omnibus to the levy of a new or increased the ballots Implementation assessment, wilh the exception of · Statement that it will not be Act [SB 919]) Division 4.5 (commencing with 3100) imposed unless receives majority of the Streets and Itigbways Code. approval ' · Statement that ballots are weighed according to the proportional financial obligation of the affected property Ballot Contents · Assessment ballot shall Include agency's address for receipt · Place to indicate name · Identification of parcel · Support or opposition, · Signed and mailed or delivered · May be submitted, changed or withdrawn prior to conclusion of · ' public testimony at hearing 2No altempt is made in these Guidelines to determine whether or not and within what time frame an assessment is subject to the provisions of Proposition 218, which took effect on November 6, 1996. This musl be an individual delermination based upon differing facls and circumslances. It is recommended that you consult wilh your legal counsel Io make this de~erminalion. ~ Revised 11/30/2000 ~' 1 2 ~[ ITEM [ TOWHOM I WHEN [ WHERE I CONTENTS Govt. Code Joint notice of public meeting at All property owners At least 10 days before Publish joint notice by 1/8 page display · Estimated assessment per parcel 54954.6 which public testimony is to be proposed to be public meeting and at advertisement in newspaper of general · If an assessment increase, the City received regardi.ng new or increased subject to the new or least 45 days before the circulation within city must separately state the existing assessments and public hearing at increased public hearing ' assessment and the proposed which City Council proposes new or assessments whose Mail (to parties who have requested amount of increase increased assessments on real names and such notice in writing) · General description of purpose of property addresses appear on improvements the assessment will the last equalized Note: The notice must be printed in at fund Govt. Code Note: Any new. or increased county assessment least lO-point type and the envelope or · Address to which property owner 54954.6(h) assessment that is subject to tile roll or the Stale cover of the mailing must include tho may mail a protest notice and hearing provisions of Board of name of the local agency and the return · Phone number and address of an Article XIIIC or XIIID of the Cal. Equalization roll address of tile sender Const. is not subject to this section individual, office, or oroanizalion to contact for additional Information on the assessment · A statement that a majority protesl will cause the assessment to be abandoned il' the assessment act used to levy the assessment so allows · If applicable, a statement of the percenlafle protest required to trigger an election · Dates, times, and location; of the public meeti~ublic hearin_..~.~ Govt. Code Public Hearing prescribing or General public At least 15 days before Publish notice in a newspaper · Copy of proposed ordinance or 54354.5 revising rates or charges for tile hearing published in the City once a week for at resolution services or facilities furnished I)y an "enterprise" least two weeks prior to tile hearing · Time of hearing with the first publication made at least · Place of hearing 15 (lays before Iho hearing ,* Nolitlcalion that any intoreslod person may appear and be heard If no newspaper Is published within the Same as above City, then post in, 3 public places within City for 2 weeks prior to the hearin_~ Sis. & Hwy. Assessments made pursuanl to All persons owning At least 30 days prior Io Mall Code Special Assessment Investigation, property proposed to the date of the hearing Complete sample form contained In 2804 Limitation & Majority Protest Act of be assessed who ' Sis. & Hwy. Code § 2852 2850 1931 . 2851 appear on equalized 2853 city or county assessment rolls Revised 11/30/2000 ~ ' 13 CODE~ I iTEM I TOWHOM I WHEN I WHERE I CONTENTS Sts.& Hwy. Improvement Act of 1911. For new Code or increased assessments levied 5194 pursuant to this Act, the procedures of Section 4 of Article XIIID must be Govt. Code followed. See procedures above. 54954.6(c)(3) Note: Consult the Act under which the assessment was levied for annual notice requirements if the assessment is not being increased or newly levied. Sis. & Hwy. Street Lighling Act of 1919. For new Code or increased assessments levied 18070 pursuant to this Act, the procedures of Section 4 of Article XIIID must be Govt. Code followed. See procedures above. 54954.6(c)(3) Note: Consult the Act under which the assessment was levied for annual notice requirements if the assessment is not being increased or newly levied. Sis. & Hwy. Street Lighting Act of 1931. For new Code or increased assessments levied 18343 pursuant to this Act, the procedures of Section 4 of Article XIIID must be Govt. Code followed. See procedures above. 54954.6(c)(3) Note: Consult the Act under which the assessment was levied for annual notice requirements if the assessment is not being increased or newly levied. Revised 11/30/2000 '~ 14 Sts.& Hwy. Tree Planting Act of 1931. For new Code or increased assessments levied 22090 pursuant to this Act, the procedures of Section 4 of Article XIIID must be Govt. Code followed. See procedures above. 54954.6(c)(3) Note: Consult the Act under which the assessment was levied for annual notice requirements if the assessment is not being increased or newly levied. Sis. & Hwy. Landscaping and Lighting Act of Code 1972. For new or increased 22556 assessments levied pursuant to this Act, the procedures of Section 4 of Govt. Code Article XIIID must be followed. See 54954.6(c)(3) procedures above. Note: Consult the Act under which the assessment was levied for annual notice requirements if the assessment is not being increased or newly levied. Sis. & Hwy. Parking District Law of 1951. For Prop. 218 Code new or increased assessments requirements 35260 levied pursuant to this Act, the procedures of Section 4 of Article Govt. Code XIIID must bo followed. See 54954.6(c)(3) procedures above. Note: Consult the Act under which and; each real the assessment was levied for property owner or annual notice requirements if the lion-holder in the assessment is not being increased district whose name or newly levied, and address and designatio~ of property in which he/ she has an interest is on file with the office of the clerk. Revised 11/30/2000 '~ 1 5 WHEN WHERE CONTENTS Sis. & Hwy. Parking And Business Improvement General public At least 7 days before Publish in newspaper of general Resolution of Intention Code Area Law of 1989. Not subject to the public hearing circulation in the city 36523 Prop. 218. Howard Jarvis Taxpayers Ass'n v. City of San Diego, 72 Cal. · Govt. Code App. 4'h 230 (1999). 54954.6(c)(3) Business owners in Withi~ 7 days of the Mail the area adoption of the Resolulion of Intention ,.~. resolution of intention Persons who have Same as above First class mail filed a wrilten Same as above request for notice Sis. & Hwy. Parking and Business Improvement Code 36600, District Law of 1994. For new or 36623 increased'assessments levied pursuant to this Act, the procedures of Section 4 of Article XIIID must be followed. See procedures above. Note: Consult the Act under which the assessment was levied for annual notice requirements if the assessment is not being increased or newly levied evised 11/30/2000 ~ 1 6 PROPERTY RELATED FEES OR CHARGES' Ii CODE~ I ITEM I TOW.OM I WHEN I WHERE I CONTENTS Cal. Const. Art. Fee or charge - levy other than ad Record owner of At least 45 days before Mailing, postage prepaid, deposited in · Parcels identified ~'~ XIIID valorem tax, special tax, or an each identified the public hearing the US Postal Service · The amount of the fee or charge assessment, imposed as an incident parcel upon which proposed to be imposed upon each Prop 218; Prop of property ownership, including a the fee or charge is parcel 218 Omnibus user fee or charge for a property proposed for · The basis upon which the amount ImplementatiOn Act [SB919] related service imposition of the proposed fee or charge was ~' calculated · The reason for the fee or charge · The date, time and location of the ['. public hearing on the proposed fee ' Additional or charge Requirements Cal. Const. Art. New or increased fees and charges, Approved by a Election conducted not Agency may adopt procedures XIIID, Section except for sewer, water and refuse majority vote of the less than 45 days after similar to those for increases in 6(c) collection services property owners of public hearing above assessments in the conduct of the property subject elections under this subdivision Prop 218 to the fee or charge, or, by a 2/3 vote of the electorate residing in the 3No attempt is made in these Guidelines to determine whether or not and within what time frame a property related fee or charge is subject to the provisions of Propositions 218, which took effect on Novernber 6, 1996. This musl be an individual delermination based upon differing facts and circumstances. It is recommended that you consult with your tegat counsel to make this determination. Revised ~'~/30/2000 '~ 17 DEVELOPMENT PROCESSING FEES4 CODE~ I ITEM I TOW,OM I WHEN . I WHERE I CONTENTS Govt. Code Fees for zoning variances, zoning General public .At least 10 days before Published twice, at lease five days · Time 66014 changes, use permits, buildiqg the public hearing belweon publications · Place 66016 inspections, building permits. 66018 processing of subdivision maps and · General explanation of the matter other planning services to be considered 6062a Persons who file At least 14 days before Mail · Time written request for the public hearing · Place notice · General explanation of the matter to be considered · Statement that the data required by Govt. Code § 66016 is available General public At least 10 days prior to Make available to public · Amount of cost required to the public hearing provide service for which fee is set · Revenue sources anticipated to provide the service, including Additional General Fund revenues Requirements Govt. Code Action to levy a new fee or charge or 66016(b) approve an increase in an existing one must be taken by ordinance or resolution Gert. Code New or higher fees upon a 66017 development project shall be effective no sooner than 60 days following final action ~Stale law also imposes a general 10-day newspaper notice arid public Itearing requiremenl wilh respecl lo lbo adoplion or increase of any fee. il' Ihal fee would riel otherwise be subject Io anolher slalulory nolice requirement (Govl. Code § 66018). ~ Revised 11/30/2000 ~' 1 8 REDEVELOPMENT PLANS AND AGENCIES Il CODE~ I ITEM I TOWHOM I WHEN I WHERE I CONTENTS H & S Code Project Area Committee (PAC) All residents, At least 30'days prior to Mail Notice of opportunity to serve on 33385 Formation businesses and formation of the PAC PAC Govt. Code community 65090 organizations within At least 10 days prior to Mail Notice of all meetings, hearings, or the project area bearing plebiscites conducted by the legislative body or agency relative to adoption of redevelopment plan or formation of PAC General Public At least 10 days prior to Publish in newspaper of general Notice of all meetings, hearings, or hearing circulation in the city plebiscites conducted by the legislative body or agency relative to adoption of redevelopment plan or formation of PAC H & S Code Redevelopment Plan General Public Once a week for 4 Publish in newspaper of general · Hearing Notice 33349 Approval/Adoption consecutive weeks prior circulation In city · Legible map of boundaries of 33350 to hearing redevelopment area · general statement of scope and objectives of plan · · Last known At least 30 days prior to Mail Published Notice; same as above assessee of each bearing parcel of land in redevelopment area · All residents and businesses Taxing agencies that At least 30 days prior to Certified mall, return receipt requested Published Notice; same as above levy taxes upon any bearing property in the project area H & S Code Redevelopment Plan Amendment Same as above ' Same as above, except Same as above Same as above 33452 that publishing is only Gert. Code ,required for 3 weeks 6063 prior to hearing Revised 11/30/2000 :4. 1 9 H & S Code Legislative Body Self Appointment General Public Not less than once Publish in newspaper of general Notice of public hearing 33200 as Redevelopment Agency Board during the 10 calendar circulation in city days immediately prior to hearing At least 10 days prior to Post throughout affect project area hearing' Parties who have At least 10 days prior to Mail requested hearing information on redevelopment. activities H & S Code 5-Year Implementalion Pla~ General pl,blic Once a week for 3 Publish in newspaper of general Notice of public hearing 33490 Adoptio[] consecutive weeks prior circulation in city Govt. Code to hearing. Publication 6063 and posting must be and post In 4 permanent places within completed at least 10 the redevelopment area for a period of days prior to hearing Ihree weeks. H & & Code Sale of Redevelopment Agency General public Once a week for two Publish in a newspaper of general Notice of public hearing 33431, 33433 property without public bidding or consecutive weeks prior circulation in city Govt. Code property acquired with tax to hearing 6066 increments H & & Code Use of tax increment funding for General public Once a week for two Publish in newspaper of general Notice of time and place of publi 33445, 33679 public buildings or improvements consecutive weeks prior circulation in city hearing to hearing Revised 11/30/2000 20 NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD REGARDING PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN of a Protest Hearing before the Bakersfield City Council regarding the proposed annexation of territory to the City of Bakersfield as assigned by the Local Agency Formation Commission (LAFCo) known as City of Bakersfield ANNEXATION NO... , GENERALLY KNOWN AS PANAMA LAFCo has determined the territory to be annexed is inhabited or uninhabited (choose one). The hearing will be held before the City Council of the City of Bakersfield and will begin at 7:00 p.m., or as soon thereafter as the matter may be heard on WEDNESDAY, FILL IN DATE, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301. The purpose of the hearing is to receive and consider protests against the proposed annexation into the City of Bakersfield. The area being considered is generally located ~ territory. ). See the attached map (Exhibit A) that shows the affected These proceedings were initiated by the property owner or City (chooseon~) . The reason the has proposed this annexation is The specific terms and conditions of the proposed annexation are detailed in the Resolution adopted by the Local Agency Formation Commission. The Resolution is on file at the City Clerk's office. WRITTEN PROTESTS against the proposed annexation may be filed by any owner of property or registered voter in the territory, with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation. If you challenge the action taken on this proposal in court, you may be limited to addressing only those issues raised at the public hearing, or in written correspondence delivered to the City Clerk of the City of Bakersfield prior to :the close of the hearing. Dated: Pamela A. McCarthy, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT B NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a public hearing accepting testimony will be held before the Council of the City of Bakersfield at 7:00 p.m., or as soon thereafter as the matter may be heard, on WEDNESDAY, October 20, 1999, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, for the purpose of hearing an appeal by Robert Darnall, regarding the decision by the Building Department to require the removal of an 8'x 40' metal structure at 12700 Overton, in the City of Bakersfield, County of Kern, State of California. If additional information is needed, please contact the City of Bakersfield Building Code Enforcement Department at 1715 Chester Avenue or telephone the department at (805) 326-3727. PUBLIC COMMENT will be accepted in writing on or before the hearing date indicated above at the City Clerk's Office, 1501 Truxtun Avenue, Bakersfield, California, 93301. Any person challenging in court the decision made at the conclusion of such public hearing may be limited to raising only those issues raised at such hearing or in correspondence delivered to the City Clerk's Office prior to the close of such hearing. NOTE: If the appeal is withdrawn, this hearing will not be held. October 6, 1999 PAMELA A. MCCARTHY, C~; City Clerk and Ex-Officio Clerk of the Council of Bakersfield S:\H EARIN GS\Notices\appealrobertdarnall.wpd EXHIBIT NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a public hearing accepting testimony will be held before the Council of the City of Bakersfield at 7:00 p.m., or as soon thereafter as the matter may be heard, on WEDNESDAY, April 25, 2001, in the Council Chambers of City Hall located at 1501 Truxtun Avenue, Bakersfield, Califomia, for the purpose of considering a Resolution ESTABLISHING SEWER AND STORM SEWER SERVICE USER CHARGES. Supporting documentation is available for review at the City Clerk's Office, City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. Anyone having questions may contact the City Clerk at (661) 326-3767. PUBLIC COMMENT will be accepted in writing on or before the hearing date indicated above at the City Clerk's Office. Any interested person, including property owners, may appear and be heard as to whether the proposed fees and charges are discriminatory or excessive. Any person challenging in court the decision made at the conclusion of such public hearing may be limited to raising only those issues raised at such hearing or in correspondence delivered to the City Clerk's Office pdor to the close of such hearing. March 26, 2001 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:\H EARINGS\Notices~sewer2001 .wpd EXHIBIT D-! NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Council of the City of Bakersfield. The hearing will begin at 7:00 p.m., or as soon thereafter, as the matter may be heard on WEDNESDAY, APRIL 25, 2001, 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 No. P01-0014: This project is the re- distribution of the OS-P (Open Space - Parks) designation within the area known as the Seven Oaks West development area. The specific proposal consists of amendment to the Metropolitan Bakersfield 2010 General Plan from OS-P to LR (Low Density Residential less than or equal to 7.26 dwelling units per net acre) on 4.2 acres and from LMR (Low Medium Density Residential greater than 4 and less than or equal to 10 dwelling units per net acre) to OS-P on 2.38 acres. 2. Project location: Generally bounded by White Lane on the south, west of Buena Vista Road, east of Allen Road, to approximately 1,500 feet north of Ming Avenue on the north. 3. The name and address of the project applicant: : Castle & Cooke California, Inc. P.O. Box 11165 Bakersfield, CA 93389 NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the City Council 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 Development Services Department-Planning Division (contact Martin Ortiz, Associate Planner)in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (661) 326-3733, or by e-mailing the department at Plannin(~ci.bakersfield.ca.us. Our website address is ci.bakersfield.ca.us. ' PUBLIC COMMENT regarding the proposed project will be accepted, in writing, on or before the hearing date indicated above at the City Clerk's Office. 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. PAMELA A. MCCARTHY, CIV~ Clerk of the City of Bakersfield and Ex Officio Clerk of the Council EXHIBIT D-2 S:\H EARINGS\Notices\gpa0014.wpd NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD .. NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the City Council of the City of Bakersfield. The hearing will begin at 7:00 p.m., or as soon thereafter, as the matter may be heard on WEDNESDAY, APRIL 25, 2001, 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/Riverlakes Ranch Specific Plan Amendment/Zone Change P00-0982. Applicant is requesting an amendment to the Land use Element of the Metropolitan Bakersfield 2010 General Plan from OS-P(Open Space and Recreational Facilities) to SR (Suburban Residential), Riverlakes Ranch Specific Plan Amendment from OS-P to SR and Zone Change from OS (Open Space) to R-1 (One-Family Dwelling) as follows: a strip of land along the north side of the eleventh link ranging in width from approximately 5 feet to 30 feet and approximately 1,500 feet in length; a strip of land along the south side of the twelfth link ranging in width from approximately 10 feet to 30 feet and approximately 1,600 feet in length; and a strip of land along the north side of the thirteenth link approximately 50 feet in width and approximately 270 feet in length, totaling approximately 2.00 acres size. The project would allow the undeveloped strips of the golf course along the eleventh, twelfth and thirteenth links to be added to the existing SR land use designation and R- I zoning for residential development. 2. Project location: Generally located between Norris Road, Olive Drive (extended),Coffee Road and Calloway Drive, along the north side of the eleventh link, the south side of the twelfth link of and along the north side of the thirteenth link of the Riverlakes Ranch golf course. 3. The name and address of the project applicant: Pinnacle Engineering 1712 19th Street, Suite 127 Bakersfield, CA 93301 NOTICE IS ALSO HEREBY GIVEN that the Planning Department of the City of Bakersfield has determined that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b) (3). Staff has found that the proposal will not have a significant effect on the environment. The Notice of Exemption may be inspected at the Planning Department (contact Richard Dole) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (661) 326-3733 or by telephoning the department at (661) 326-3733, or by e-mailing the department at Plannin~c bakersfield.ca.us. Our website address is ci.bakersfield.ca.us.. PUBLIC COMMENT regarding the proposed project will be accepted in writing, on or before the hearing date indicated above at the City Clerk's Office. 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. PAMELA A. MCCARTHY, CMC ~/ Clerk of the City of Bakersfield and Ex Officio Clerk of the Council EXH~[ BIT D-3 S:\HEARINGS~Iotices'J=00-0982 nph.wpd