HomeMy WebLinkAbout4-15-10 FINAL MINUTES 9AKF PLANNING COMMISSION MINUTES
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MEETING OF APRIL 15, 2010 - 5:30 p.m.
'o Council Chambers, City Hall, 1501 Truxtun Avenue
ACTION TAKEN
A. ROLL CALL
Present; Chair McGinnis, Vice Chair Stanley
Commissioners Blockley, Haddock, Tragish, Tkac
Absent; Commissioner Strong
B. PLEDGE OF ALLEGIANCE
B.1 PRESENTATION
Mr. Eggert, Planning Director, presented Commissioner Blockley
with a plaque of appreciation for 8 years of service as Planning
Commissioner for the City of Bakersfield,
C. PUBLIC STATEMENTS
Marvin Dean spoke regarding the High Speed Rail alignment
and asked that the route chosen affect the least amount of
homeowners and businesses. He also requested that the rail
authority establish a process to include employment
opportunities for local businesses and low income inner city
youth in each community.
D. WORKSHOP
Mark Weisman, with URS Corporation, spoke on behalf of the RES NO
consultant and introduced Gene Tacket & Eric Von Burg as part 8-10
of the outreach team and gave a slide show presentation.
Mr, Weisman stated that the Bakersfield/Fresno portion of the
High Speed Rail is a priority section as it will be test track for
different competitors and the EIR must be finished ASAP. The
valley offers over 100 miles of flat land with gradual inclines &
declines that enables the rail to maintain high speeds.
The lead agency on this project is the Federal government and
a combined EIR must be completed between the Federal
Railroad Administration and the State High Speed Rail Authority.
A draft of this document is anticipated to be available later this
year. The record of decision will happen at the end of 2011
and then the Authority will be able to negotiate to acquire
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April 15, 2010 Page 2
property and begin construction activities.
In 2012 construction will begin in preparation for alignment
development; in 2015 testing of the first prototype train will
begin; and in 2018-2020 the operation of the backbone system
from San Francisco to Los Angeles/Anaheim will commence.
Mr. Weisman stated that the train must maintain a speed of 220
MPH to accomplish the state's requirement of a 2 hour 20
minutes trip from Los Angeles to San Francisco. There will be no
grade crossings and all streets, canals etc. must either be
bridged or gone under to maintain that speed. Through
Bakersfield the track will be raised around 50 to 60 feet with
trains going through the station every 15 minutes at full build
out. The State is trying to use existing transportation corridors
wherever possible.
There is one major alignment with small options that the City of
Bakersfield, County of Kern and Kern COG must agree upon.
The main track through Allensworth State Park, Corcoran,
Wasco & Shaffer will either run alongside BNSF's track or have
the option of mini bypasses in various areas. Once inside the
city the track will be elevated and tend to follow BNSF when
possible.
Mr. Weisman stated the two alignments, red & blue, are the
alignments being introduced tonight and stated that the final
choice will be made by the Federal Railroad Authority and the
High Speed Rail Authority before the end of 2011 . The
alignments are coming down from Wasco & Shaffer in the
western part of the city along the east side of BNSF close to the
railroad right of way. Mr. Weisman stated that because of the
tight curve in the BNSF track, they cannot maintain the
necessary speed so the HSR track must be elevated over SR 58
and the refinery and be as straight as possible. These two
alignments are the alignments that will be going forward and
into the proposed EIR.
The Bakersfield Commons will be affected by both the red and
blue alignments. The Railroad Authority has to decide what
goes under their tracks and has sent a letter requesting this
project not be approved until further study can be made. The
Westside Parkway will be underneath both alignments,
however, the blue alignment is being adjusted to the south so
that it will not be straddled over the Parkway. The red
alignment is north of the Parkway but crosses over south of the
freeway as it approaches the Kern River and Mohawk Street
extension.
PC Minutes
April 15, ?010 Page 3
As the track progresses from the Westside Parkway over the
Kern River, the red alignment enters central Bakersfield on the
north side of BNSF yard and goes through property that the City
of Bakersfield owns and other storage facilities on the north side
of the tracks. The blue alignment on the south side goes along
the edge of the BNSF yard and some commercial properties
north of Bakersfield Plaza would be affected. Further east, the
blue alignment moves into the BNSF yard following the
Centennial corridor near Mercy Hospital. As the blue alignment
continues east there is a major conflict as it would go through
the industrial arts building of Bakersfield High. Mr. Weisman
noted that they have already spoken to the Superintendent's
office and have agreed to work with the High Speed Rail in
moving the building sc the track can proceed. Both
alignments converge at the Amtrak station, cross over BNSF
and continue on the south side with the blue alignment having
a station location near Truxtun west of Union Avenue. The red
alignment would cross through the middle of the Mill Creek
area and would affect the current Chelsea apartment project
currently under construction.
Currently we are doing conceptual planning for the station
location and Mr. Weisman suggested that there will be another
meeting that shows both of the station platform locations.
Either station would be accessible to downtown area and the
convention center and within walking distance of each other.
The local streets around California and Union will serve the
downtown area and access to parking the would probably be
located off Union Avenue
On the east side of town both alignments will impact housing,
institutions and industrial facilities. They have already held
several meetings on the east side regarding this and whichever
alignment is chosen the community will feel the effects of
construction. The blue alignment would follow along the BNSF
tracks while red alignment enters the median of California
Avenue. Both alignments converge near Oswell Street.
Mr. Eggert, Planning Director, stated that the EIR process that
the Authority is going through is still in the future but the City
Council felt that the Planning Commission would be the proper
venue to take public input on the two proposed alignments
through the City. Although we understand that the Rail
Authority has the ultimate decision making authority as to
which alignment is picked the City of Bakersfield can select a
preference that the Rail Authority will consider.
PC Minutes
April 15, 2010 Page 4
Staff focused on the station locations downtown and
alignments east of Unior. Ave where the dramatic changes
would take place. As the staff report points out the City prefers
the blue alignment and blue station location mainly because it
fronts towards Truxtun Avenue, the Amtrak station and
Convention Center and many businesses are within walking
distance of the blue station.
Commissioner McGinnis clarified that this workshop tonight is to
allow public input for the High Speed Rail and for the Planning
Commission to select an alignment that they prefer to
recommend to City Council. It is not meant to be a question
and answer session.
Mr. Dennis Fox stated tha` for the interim, until completion, we
should have the train go to the airport and have a people
mover along one of the 3 highways in town.
Mr. Steve Foust supports staff's recommendation of the blue
alignment and expressed concern with the High Speed Rail's
notification of hearing process.
Ms. Adi Dominguez supports staff's recommendation of the
blue alignment. She expressed concern with the rail running
down California Ave at 200 mph through a residential area. Ms.
Dominguez asked that the rail run along the BNSF right of way
that has already been established and for those home owners
that will be displaced during this process, involve the Habitat for
Humanity organization to help them purchase new homes.
Mr. Tom Dee, representing Western Properties, supports staff
recommendation of the blue alignment.
Mr. Keith Gardiner stated he is the owner & managing partner
of Rosedale Ranch and Wasco Real Properties. Mr. Gardiner
supports staff's recommendation of the blue alignment,
however, he stated that the alignment impacts his family
farming operation as well as the Rosedale Ranch master
planned and community in northwest Bakersfield and asked
that negotiations for the different alignments that affect his
properties continue.
Mr. Ben Stinson stated he does not support either alignment
and pointed out that between Butte Street & Sonora Street
there is a large empty piece of land and wants to know if it is
possible to sell a property that is in eminent domain and then
lease it back from whomever purchased it.
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April 15, 2010 Page 5
Mr. Issac Sandifer, Minister of the California Church of Christ,
supports staff's recommendation of the blue alignment.
Mr. Daniel Niemann, Manager for Bakersfield Commons, stated
he is concerned about the impact this project will have on the
Bakersfield Commons Project and any delay's it might impose.
He asked if there were any other routes being considered, why
is it in the BNSF right of way and not to the north where it would
have less impact, how much right of way is needed, how close
can you build to it, and what is the quality of life around the
pier's would be once the tracks are in place.
Mr. Sandifer stated he submitted written comments and
questions.
Commissioner Tragish responded to Mr. Dean's questions about
using local labor in the building process. He stated that there
are procedures to follow in using federal public works money
and if the project is more than $25,000,000 there is a Presidential
Executive Order that the contractors must be union.
Commissioner Tragish asked if the blue alignment goes near the
airport which Mr. Weisman responded that neither alignment is
near the airport, which was a decision made by local
governments.
Commissioner Tragish asked staff if the possibility of the High
Speed Rail traversing over property was covered in the
Bakersfield Commons Draft EIR. Mr. Eggert, responded in the
negative that the Draft EIR was completed and out for public
review before the two alignments were chosen.
Commissioner Tragish asked about the impact if the blue
alignment goes through the Commons property. Mr. Eggert
responded that the City did point out to the High Speed Rail
that the Bakersfield Commons currently has entitlements for
industrial and residential use, and if they wanted to begin
building today they could. The Rail Authority thought the
property was zoned agricultural because it is vacant. The High
Speed Rail will have to address the fact that the Commons has
entitlements as part of their environmental process.
Commissioner Tragish asked if on the June I Th hearing for the
Commons if the Planning Department would be able to
provide where the blue alignment is supposed to be in any
material that can be used in analyzing their application. Mr.
Eggert responded that copies of the letter received from the
High Speed Rail and any responses will be given to the
Commission in hard copy format as part of the Final EIR.
PC Minutes
April 15, 2010 Page 6
Commissioner Tragish stated he was in support of staff's
recommendation of the blue alignment.
Commissioner Stanley asked when the HSR EIR is available if
that is the time that comments can be heard to which Mr.
Weisman responded that there will be many opportunities for
the public's input before the EIR is finaled.
Commissioner Stanley asked if there was consideration of a
different route on the west side of BNSF to which Ms. Weisman
responded in the affirmative but the current alignment was
chosen because the east side alignment was the best for
meeting their design criteria and the curve for both alignments
going south of the refinery. Along the west side, the curve
becomes much broader and closer to the Kern River Parkway.
Commissioner Stanley asked Mr. Weisman if there were major
differences in costs between the impacts of the red and blue
alignments to which Mr. Weisman stated that those numbers will
be in the EIR.
Commissioner Stanley is in support of staff's recommendation of
the blue alignment.
Commissioner Blockley asked Mr. Weisman what speed is being
contemplated for the express trains through town to which Mr.
Weisman responded 220 mph. They will also be studying the
noise impact as part of the EIR of the dispersion of noise from an
elevated structure and feel that they can mitigate by using a
slight barrier on the wheel side of the structure as a way to
disperse the noise so it does not affect the people below.
Commissioner Blockley asked why they are not using the
existing Amtrak station as the High Speed Rail station to which
Mr. Weisman responded that the station is too small for the
volume of people expected to ride the high speed train.
However, they can integrate pedestrian access to connect
both stations.
Commissioner Blockley stated he was in support of staff's
recommendation of the blue alignment.
Commissioner Haddock asked the Planning Director about
eminent domain and if the Federal government can just come
in and take the property they need. Mr. Eggert answered that
once the High Speed Rail Authority has selected their route,
they would have to abide by the current process for acquiring
property. He then deferred to the City Attorney Joshua Rudnick
to give a brief overview of the eminent domain process. Mr.
Rudnick stated that if a government agency wants to take
PC Minu`es
April 15, 2010 Page 7
private land for public use there is a process they need to
follow and settlement agreements need to be made. If an
agreement cannot be made then the court would determine
the value of the property.
Commissioner Haddock asked Mr. Eggert how the issue of
vibration from the trains will be mitigated and Mr. Eggert stated
that it will be dealt with in the same way as within any other EIR
and would be the responsibility of the rail authority to mitigate.
Commissioner Haddock stated that he was in favor of staff's
recommendation of the blue alignment.
Commissioner Tkac asked if the questions asked tonight will be
answered in some way in the EIR document to which Mr. Eggert
stated that all the comments made this evening will be passed
to the High Speed Rail Authority through Mr. Weisman for
consideration.
Commissioner Tkac asked if this project is being built through
Bond 1 A. Mr. Weisman replied that Bond 1 A is one of the
sources of revenue but not the only one. Mr. Von Burg, URS,
further explained that in Prop 1A there was 9 billion dollars
available for the High Speed train with only 1 billion available
for the engineering and planning work. The rest is reserved for
actual construction of the project.
Commissioner Tkac asked Mr. Eggert when a route is eventually
picked, do we anticipate rezoning in the area around the track
and does he expect them to come before the Planning
Commission. Mr. Eggert responded that most of the property is
zoned industrial but ultimately it will depend on what the
impacts are on the neighboring property and if the rezoning is
supportable and makes sense.
Commissioner Tkac asked for more public input before he felt
comfortable in making a decision on an alignment tonight.
Commissioner McGinnis asked Mr. Weisman if they will be
having public meetings to apprise them of what is going on
during the selection process and how would the public be
notified of these meetings. Mr. Von Burg stated that they have
public meetings where staff is available to answer questions
with maps available. The full calendar of public meetings is on
the Authority's website at °,__/Vw.ca.highspeedraii.com.
PC Minutes
April 15, 2010 Page 8
Commissioner McGinnis stated he was in favor of staff's
recommendation of the blue alignment.
Commissioner Haddock moved, ! APPROVED
seconded by Commissioner Blockley to
adopt the resolution making a !, TKAC
recommendation to the City Council that RECUSE
the "Blue" rail alignment that parallels
the existing BNSF Railway as shown on STRONG
the map identified as Exhibit A, be ABSENT
selected as the preferred high speed rail
route through the City of Bakersfield and
forward that recommendation to the
High Speed Rail Authority for their
consideration.
E. CONSENT CALENDAR - NON PUBLIC HEARING ITEMS
NONE
F. CONSENT CALENDAR- PUBLIC HEARING ITEMS
F.I Approve Continuance of Amendment to Bakersfield ! CONT. TO
Municipal Code, Title 17, Chapter 17.61 to June 3, 2010 6/3/2010
(City of Bakersfield)
F.2 Vesting Tentative Parcel Map 11941 (Pinnacle Civil RES NO
Engineering, Inc.) 9-10
Public hearing opened, no one from the
public spoke. Public hearing closed.
Commissioner Stanley moved, seconded APPROVED
by Commissioner Blockley to approve
Consent Calendar - Public Hearing Items
F.1 with hearing remaining open & F.2.
PC Minutes
April 15, 2010 Page 9
G. PUBLIC HEARINGS
G.1 Vesting Tentative Parcel Map 10740 (Summit RES NO
Engineering) 10-10
Public hearing opened, Christine Boyer
spoke in opposition to staff's
recommendation. Maurice Etchechury
spoke in favor of staff's
recommendation. Public hearing
closed.
Motion by Commissioner Tragish, ! APPROVED
seconded by Commissioner Stanley to
approve Vesting Tentative Parcel Map STRONG
10740 with findings and conditions set ABSENT
forth in the attached Resolution (Exhibit
A), and incorporating the Planning
Director's memorandum dated April 15,
2010, and the Public Works
memorandum dated April 13, 2010.
G.2 Vesting Tentative Parcel Map 11803 (Summit RES NO
Engineering) 11-10
Public hearing opened, no one from the
public spoke in opposition to staff's
recommendation. Maurice Etchechury
spoke in favor of staff's
recommendation. Public hearing
closed.
Motion by Commissioner Tragish, APPROVED
seconded by Commissioner Haddock to
approve Vesting Tentative Parcel Map
11803 with findings set forth in the
Resolution attached to the staff report
including Planning Director's memo
dated April 14, 2010, and Public Works
memo dated April 13, 2010.
G.3 Vesting Tentative Parcel Map 11941 (Pinnacle Civil HEARD ON
Engineering, Inc.) CONSENT
H. COMMUNICATIONS
Mr. Eggert stated that the High Speed Rail slide show
presentation will be made available to the Commissioners. j
PC Minuies
April 15, 2010 Page 10
I. COMMISSION COMMENTS
All the Commissioners wished Commissioner Blockley well in his
future endeavors.
J. ADJOURNMENT
There being no further business, Chair McGinnis adjourned the
meeting at 8:08 p.m.
Robin Gessner, Recording
S ret ry
Ji ge Secretary
May 4, 2010 nni g Di 'ctor