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