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E-mail StoryCouncilman Weir to propose planning commissioner's ouster
| Thursday, Apr 17 2008 12:46 PM
Last Updated: Friday, Apr 18 2008 10:01 AM
Bakersfield Planning Commissioner Russell Johnson was given a choice Thursday: Quit or be fired. Bakersfield City Councilman Ken Weir is going to ask the rest of the council Wednesday to kick Johnson off the Planning Commission.
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The move is apparently the latest twist in the decade-long battle over The Canyons, a controversial development likely to come to the Planning Commission and City Council this year.
Johnson, vice chairman of the seven-member Planning Commission, said he received a call Thursday morning from City Councilman Zack Scrivner giving him a chance to resign before he is kicked out.
Johnson declined to tender his resignation, leading to an expected battle at Wednesday’s Bakersfield City Council meeting.
At the end of Thursday’s commission meeting, Johnson acknowledged reports about his requested resignation and told the other six members it’s been an honor and privilege to serve alongside them.
“I assure each of you, just as each of you has made a commitment, I have made a commitment to serve out a full four-year term, to be there on behalf of the people of Bakersfield.
“I intend to see it run its course,” Johnson said.
“During my campaign for City Council, voters expressed their concerns for responsible property development that is fair and equitable to all with good long-term planning and respect for property rights,” Weir wrote in an e-mail. “The successful implementation of the voters’ wishes will require a planning commissioner that shares the community’s vision and understands the value of a long-term plan.”
Johnson’s term expires in April 2009, but Weir last month began making moves to replace Johnson early. Scrivner said he made the call instead of Weir because he is the council’s designated liaison with the Planning Commission.
He said Weir had prepared the agenda item for Wednesday’s meeting, but wanted to give Russell a chance to resign first. Scrivner said he tried to make the offer to Johnson Wednesday, but was unable to connect.
City Manager Alan Tandy confirmed that the item is on the agenda for Wednesday.
City Council members take turns appointing planning commissioners. Weir’s turn will come when Johnson’s term expires, but he is apparently unwilling to wait.
Last month, Weir proposed that planning commissioners’ terms should be concurrent with City Council terms, and that planning commissioners should be removed by a vote of four of the seven council members, rather than the five it currently takes.
Weir’s proposal was referred to a committee, where it is likely to be discussed in mid-June.
Weir could not immediately be reached.
The move is allowed by the city’s code. “Members shall serve at the pleasure of the council and may be removed at any time by the affirmative vote of five members of the council,” the code reads.
The biggest issue the Planning Commission is likely to face in the next year is The Canyons, the controversial development in northeast Bakersfield. The development includes plans to cut down ridgetops and fill canyons to maximize the number of homes that can be built on the bluffs.
Opponents of the project have called for development along the ridgeline to be scaled back and for a public park and trails system to be included.
Johnson works for Kern County Supervisor Mike Maggard, who — as city councilman until 2006 — wanted to place limits on the ability of The Canyons developers to build. Maggard appointed Johnson to the Planning Commission seat in 2005. Johnson was not working for Maggard at the time.
Weir, who supports Canyons developer General Holding’s plan to build on the bluffs, took over Maggard’s seat. Weir’s friend and former client Gordon Downs is an investor in the project.
When he made his proposal, Weir said he simply wants someone on the commission who reflects his views.
Johnson said he doesn’t know specifically why Weir wants him off the commission.
“I don’t know Ken Weir’s intentions as I’ve never had a conversation with him about this issue,” he said.
Michelle Beck, an opponent of The Canyons ridgeline plans, said Weir’s move “smacks of dirty back-room deals.”
“What is the rush? Weir has already made a referral to committee regarding this issue. Why not let it play out?” she asked.
Johnson isn’t the only Canyons-related item on Wednesday’s agenda. The council will also consider hiring a consultant to prepare an environmental impact report for the 2006 Hillside Development Ordinance, which restricts development on slopes, including The Canyons.
The Canyons’ developers sued the city and won a small victory in December when Judge Kenneth Twisselman ruled that a report is needed. But he agreed to keep the ordinance in place as long as the city gets to work on the report “without unnecessary delay.”
County records show The Canyons acquired additional financing earlier this year.
In January, Cascade Acceptance Corp. of Mill Valley granted Canyons LLC a $25 million primary loan, records show. The company also recorded a second loan for $1.47 million and a third for $1 million.
A default notice recorded last August on a $3.3 million loan from Cascade Acceptance made in November 2006 still stands, records show.
— Californian staff writers Gretchen Wenner and Jenny Shearer contributed to this report.