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HomeMy WebLinkAbout07/26/1976 MINUTES CCBakersfield, California, July 26, 1976 Minutes of a regular meeting of fhe Council of the City of Bakersfield, California, held in the Council Chambers o£ City Hall at 8:00 P.M., July 26, 1976. The meeting was called to order by Mayor Hart followed by fhe Pledge of Allegiance and Invocation by Reverend Victor Mitchell, Retired Disciples of Christ. Present: Absent: The City Clerk called the roll as follows: Mayor Hart. Councilmen Bleecker, Christensen, Sceales, Strong (seated at 8:05 p.m.) Councilmen Barton, Medders, Rogers Minutes of the regular meefing of July 12, 1976 and budget session of July 12, 1976 were approved as presented. Scheduled Public Statements. Mr. John Regier, 3120 Bank Street, addressed the Council regarding Recycling Centers. Deputy Public Works Director Hawley recommended Mr. Regier contact the Kern County Director of Public Works with any suggestions that might be incorporated in the Kern County Solid Waste Management Plan. Correspondence. The Clerk read into the record correspondence from the Planning Commission of the City of Bakersfield, dated July 9, 1976, as follows: Honorable Mayor Donald M. and City Council City of Bakersfield Bakersfield, CA Hart Honorable Gentlemen: The Planning Commission has received an application from Mr. John Brock for a zone change from R-1 (One Family Dwelling) Zone to C-2 (Commercial) Zone in order to develop a new regional shopping center on property located in the northeast area of the city south of Freeway 178, between Mr. Vernon Avenue and Oswell Street. The requested zone change would not be consistent with the Land Use Element of the General Plan; and accordingly, the Commission requests direction from your body as to whether or not you desire the Bakersfield, California, July 26, 1976 - Page 2 183 Planning Commission to study the proposal and hold hearings on a possible amendment to the General Plan and report back to you its findings and recommendation. PLANNING COMMISSION OF THE CITY OF BAKERSFIELD JILL HADDAD, Chairman City Manager Bergen read a report regarding the Request to the Planning Commission to Rezone Land for Northeast Regional Shopping Center, as follows: A request to the Planning Commission to fezone approximately 100 acres of land from R-1 (one-family dwelling) to C-2 (commercial) in Northeast Bakersfield was received by the Planning Commission on July 7, 1976. The requested zoning is inconsistent with the adopted General Plan. Recognizing the far- reaching implications of this zoning application, the Planning Commission has requested direction from the City Council on this matter. The City's General Plan is the basic document upon which all planning and zoning decisions are based. The General Plan is intended to guide both public and private development in a manner consistent with the broad public interest; in short, property owners in Bakers- field are protected against adverse development by the General Plan. Any changes in the General Plan must be weighed very carefully with sub- stantial supporting information. In light of the request for rezoning, the best approach should involve a detailed study (EIR) to determine if an amendment to the General Plan and the requested zoning would be in the public interest. If the EIR supports an amend- ment to the Plan, then action would be taken upon the rezoning application. The other alter- native is to deny consideration of the rezoning (because of inconsistency of the General Plan) and return the $200 fee to the Applicant. Recommendation It is recommended that the City Council request the Planning Commission to prepare an EIR on a possible amendment to the General Plan for a regional shopping center at the location requested and require the applicant to pay the cost of the EIR. Councilman Bleecker made a motion that an Environmental Impact Report be required and that the Planning Commission proceed with the preparation with the cost to be borne by the applicant. This motion passed. Bakersfield, California, July 26, 1976 - Page 3 The Clerk read into the record correspondence from J. C. Penney, Real Estate Department, Buena Park, California, dated July 23, 1976, as follows: The Honorable Donald Hart Mayor, City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Dear Mayor Hart: On July 8, 1976, an article appeared in the BAKERSFIELD CALIFORNIAN, stating that city officials were studying a rezoning request relating to a 100-acre site situated in northeast Bakersfield. We understand rumors are circulating in Bakersfield regarding the possible interest of JCPenney in locating a store at this location in the event satisfactory zoning is obtained to construct a regional shopping center. The purpose of this letter is to advise you that the Penney Company has not been contacted regarding any interest it might have in the proposed project. In view of our desire to locate a modern and complete facility to serve our customers in the Bakers- field area, we recently surveyed the Bakers- field market. For your information, our study does not recommend locating a new store in the northeast area at this time. We trust this statement of Penney's interest in the Bakersfield area will be of assistance to you in this matter. Cordially yours, A. Howard Amon, Jr. Western Real Estate Manager The Clerk read into the record correspondence from Law Offices of Best, Best & Krieger, Riverside, California, dated July 20, 1976, as follows: City Clerk City of Bakersfield California Re: Withdrawal of Claim of Rosedale-Rio Bravo Water Storage District Dear Sir: I am enclosing an original and one copy of a Withdrawal of Claim which is filed on behalf of the Rosedale-Rio Bravo Water Storage District. Bakersfield, California, July 26, 1976 - Page 4 185 Would you kindly acknowledge receipt of the original by file stamping the enclosed copy and returning it to us in the envelope enclosed for your convenience. Very truly yours, TERRY BRIDGES of BEST, BEST & KRIEGER Reports. City Manager Bergen read a report on the Mutual Aid Response Agreement between the City of Bakersfield and County of Kern as follows: The City has had a Mutual Aid Agreement with the County for over twenty-five years, and periodically we have found it necessary to modify this agreement as conditions, boundaries, etc., have changed. The most recent modifica- tion was in 1971. These Mutual Aid Agreements have given each Fire Department the necessary flexibility to combat major fires within the metropolitan area. Over the past several months the Fire Chiefs of both the City and County have been meeting to further strengthen the agreement. The old agreement limited response to major fires, whereas, the new agreement, which eliminates the restrictions to major fires, gives each department the flexibility necessary for response which may be needed to handle any emergency. As the metropolitan area grows it is going to become increasingly important that the two Fire Departments work closely together. This agree- ment, approved by the City Attorney and the County Counsel, facilitates that goal and I recommend approval. Approval of Agreement with the County of Kern for Supplementary and Mutual Fire Protection. Upon a motion by Councilman Strong, Agreement with the County of Kern for Supplementary and Mutual Fire Protection was approved and the Mayor was authorized to execute same. Consent Calendar. The following items were listed on the Consent Calendar: (a) Allowance of Claims Nos. 5159 to 5327, and 21 to 398, inclusive, in the amount of $339,629.28. Bakersfield, California, July 26, 1976 - Page 5 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) Application for leave to present Late Claim by Randy Leon Bolinger, 311 Begonia, #B, Ontario, California. (Refer to City Attorney) Claim for Damages from Richard R. Pressley, 2601 Fremont Street, #40, Bakersfield. (Refer to City Attorney) Street Easement from Tenneco Realty Development Corporation providing street right-of-way for Planz Road and Stine Road as required for Parcel Map No. 3423. Street Easement from W. Watson Company providing street right-of-way for Wilson Road as required for Parcel Map No. 3622. "Sewer Line Easement" from Tenneco Realty Development Corporation providing for a 10' strip of land from Easton Drive to the Atchison, Topeka and Santa Fe Railway Company right-of-way to allow construction of 8" sewer that will serve the proposed Corporation Yard. Application for Encroachment Permit from Joe and Mildred Mikles, 1229 Eye Street. Map of Tract No. 3768 and Improvement Agreement for construction of improvements therein, located at northwest corner of Scorpio Court and Ming Avenue. Map of Tract No. 3788 and Improvement Agreement for construction of improvements therein, located at southwest corner of Planz Road and Grissom Street. Map of Tract No. 3814 and Improvement Agreement for construction of improvements therein, located south of Calcutta Drive and east of South "H" Street. Plans and Specifications for paving improvements on portions of Akers Road, Ming Avenue and various local streets. Construction Change Order No. I for Contract No. 76-73 with James G. Francis for improvement of Baker Street between East Truxtun Avenue and Southern Pacific Railroad, Federal Aid Urban Project No. M-F 298 (1). This Change Order is necessary for construction of retaining wall in base- ment at 830 Baker Street and increases the contract by $570.00. Claim for Personal Injuries from Jennie N. Levererr, 1013 Vine Drive, Bakersfield. (Refer to City Attorney) Bakersfield, California, July 26, 1976 - Page 6 187 Upon a motion by Councilman Christensen, Items (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (1)and (m)of the Consent Calendar were adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Sceales, Strong Noes: None Absent: Councilmen Barton, Medders, Rogers Action on Bids. Upon a motion by Councilman Sceales, Pontiac for replacement of Automobile for the Police Department was accepted and the other bid rejected. Upon a motion by Councilman Bleecker, low bid of H. A. Lewis for construction of Northwest Bakersfield Drain, Phase I, was accepted, all other to execute the contract. low bid of Barber New Business. Approval o£ Contract between the City of Bakersfield and the Greater Bakers- field Chamber o~ Commerce providing for the operation of a Convention Bureau. Upon a motion by Councilman Strong, Contract between the City of Bakersfield and the Greater Bakersfield Chamber o£ Commerce providing for the operation of a Convention Bureau was approved and the Mayor was authorized to execute same. Approval of Contract between the City of Bakersfield and the Greater Bakers- field Chamber of Commerce for the service of Advertising the City and Promoting the Industrial Development of the City. Upon a motion by Councilman Bleecker, Contract between the City of Bakersfield and the Greater Bakersfield Chamber of Commerce for the service of Advertising the City and Promoting the Industrial Development of the City was approved and the Mayor was authorized to execute same. bids rejected and the Mayor was authorized Bakersfield, California, July 26, 1976 - Page 7 Approval of Engineering Services Agreement between the City of Bakers- field and Braun, Pasillas and Wagner. Upon a motion by Councilman Bleecker, Engineering Services Agreement between the City of Bakersfield and Braun, Pasillas and Wagner providing the specific performance require- ments for the engineering investigation and design of Truxtun Avenue Extension west of Oak Street was approved and the Mayor was authorized to execute same. Approval of Municipal Dog Pound Lease with the County of Kern. At the meeting of June 7, 1976 the City Council approved a three year lease for the Dog Pound and this lease contained a 30 day cancellation clause. The County has requested that this be modified to one year. Upon a motion by Councilman Christensen, a Three Year Municipal Dog Pound Lease with the County of Kern~ with a one year cancellation clause, was approved and the Mayor was author- ized to execute same. Approval of Boundaries of proposed Annexation designated as College Avenue No. 1. Upon a motion by Councilman Sceales, Annexation bound- aries designated as College Avenue No. 1, located generally south and east of Bakersfield Country Club and containing approximately 370± acres of uninhabited territory, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Deferral of Approval of Boundaries of proposed Annexation designated as Kern City. Councilman Sceales moved to approve Annexation bound- aries designated as Kern City. Councilman Bleecker questioned whether taxes to be derived by the City would pay the City's cost for services that must be provided the 746 dwelling units within the proposed annexation boundaries. Planning Director Sceales indicated a cost-revenue analysis shows an annual estimated minus $3,308. Bakersfield, California, July 26, 1976 - Page 8 189 Upon a substitute motion by Councilman Bleecker, approval of boundaries of proposed Annexation designated as Kern City was held over until the City Council Meeting of August 9, 1976. Approval of Boundaries of proposed Annexation designated as Curran No. 2. Councilman Bleecker questioned whether taxes to be derived by the City would pay the City's cost for services that must be provided the 356 dwelling units within the proposed annexation boundaries. Planning Director Sceales indicated a cost-revenue analysis shows an annual estimated plus $36,790. Upon a motion by Councilman Sceales, Annexation boundaries designated as Curran No. 2, located generally north of Ming Avenue between Freeway 99 and Stine Road (a portion o£ a large unincorporated island surrounded by the City) and con- raining approximately 116 acres of inhabited territory, were approved and referred to the City Engineer and City Attorney for referral to LAFCO. Adoption of Resolution No. 50-76 of the Council of the City o£ Bakers- field making certain findings and determinations with regards to low- and moderate-income families residing in and being displaced by Redevelop- ment activities in the area proposed to be added to the Downtown Bakers- field Redevelopment Project. This resolution makes a finding that a Project Area Committee (PAC) is not required, as defined by State Law, since a substantial number of low- and moderate-income families do not reside in the area proposed to be added to the Redevelopment Project. City Manager Bergen reported on the Resolutions regarding expansion of Downtown Redevelopment Area Boundaries as follows: The two Resolutions on the City Council Agenda for July 26, 1976 are necessary steps leading up to a public hearing on expansion of the proposed downtown redevelopment area boundaries. The proposed boundary expansion must be completed before the Redevelopment Agency can begin negotiations on the proposed Metro Plaza Hotel project. 190 Bakersfield, California, July 26, 1976 - Page 9 The first Resolution makes a finding that a project area committee (PAC) is not required as defined by State law, since a substantial number of low- and moderate-income families do not reside in the area proposed to be added to the redevelopment project. The second Resolution relates to a joint public hearing of the City Council and Rede- velopment Agency on the proposed expansion which has been set for Thursday, August 19, 1976, at 4:00 p.m., in the City Council Chambers. Upon a motion by Councilman Strong, Resolution No. 50-76 of the Council of the City of Bakersfield making certain findings and determinations with regard to low- and moderate- income families residing in and being displaced by Redevelop- ment activities in the area proposed to be added to the Down- town Bakersfield Redevelopment Project was adopted by the following roll call vote: Ayes: Councilmen Bleecker, Christensen, Sceales, Strong Noes: None Absent: Councilman Barton, Medders, Rogers Adoption of Resolution No. 51-76 of the Council of the City of Bakersfield consenting to a Joint Public Hearing on proposed amendments to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelop- ment Project; authorizing the estab- lishment of a date therefor; and publication of Notice of Joint Public Hearing. This Resolution relates to a Joint Public Hearing of the City Council and Redevelopment Agency on the proposed expansion which has been set for Thursday, August 19, 1976, at 4:00 P.M., in the Council Chambers of City Hall. Upon a motion by Councilman Christensen, Resolution No. 51-76 of the Council of the City of Bakersfield consenting to a Joint Public Hearing on proposed amendments to the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project; authorizing the establishment of a date therefor; and Bakersfield, California, July 26, 1976 - Page 10 191 publication o£ Notice of Joint Public Hearing was adopted by the Ayes: Noes: Absent: following roll call vote: Councilmen Bleecker, None Council, was adjourned at Christensen, Sceales, Strong Councilmen Barton, Medders, Rogers Adjournment. There being no further business to come before the upon a motion by Councilman Christensen, the meeting 8:35 P.M. MAY thVe City o£ Bakersfield, Calif. ATTEST: CITY CLERK ~d ~x-O££~io Clerk of the Council of the City of Bakers~ield, California mp