HomeMy WebLinkAbout08/19/1976 MINUTES CCBakersfield, California, August 19, 1976
213
Minutes of a recessed meeting of the Council of the City
of Bakersfield, California, for a Joint Public Hearing of the
Council of the City of Bakersfield and the Bakersfield Redevelop-
ment Agency, held in the Council Chambers of City Hall at 4:00 p.m.,
Thursday, August 19, 1976.
The meeting was called to order by Mayor Hart.
MAYOR HART: This is the time set for the special Joint
Meeting of the City Council and the Bakersfield Redevelopment
Agency called for the purpose of conducting a public hearing on
the proposed addition of land to the Downtown Bakersfield Rede-
velopment l~oject and on proposed amendments therefor to the
Amended Redevelopment Plan for the Project.
This is the time and place set for such Joint Public
Hearing as specified in the Joint Notice of Public Hearing pub-
lished pursuant to the California Community Redevelopment Law.
That notice and accompanying documents were mailed as required by
the California Community Redevelopment Law. Will the members of
the Redevelopment Agency and the staff please take their places.
Mayor Hart led the Pledge of Allegiance.
Present:
Absent:
MAYOR HART:
Mayor Hart.
Will the City Clerk please call the roll.
Councilmen
Councilman Barton
AGENCY CHAIRMAN CASPER:
Bleecker (seated at 4:35 p.m.),
Christensen, Medders, Rogers,
Sceales, Strong
Will the Redevelopment Agency
Secretary please call the roll.
Present: Agency Members Casper, Foth, King,
Absent: Agency Members Puder, Stewart
MAYOR HART: This record we have
following documents:
a.
Pettit, Poehner
before us contains the
The proposed Amendments to the Amended Redevelopment Project
which include providing for the addition of land to the Project.
The Redevelopment Agency Report to the City Council on the
proposed /hmendments to the Amended Redevelopment Plan.
Bakersfield, California, August 19, 1976 - Page 2
c. Amended Rules Governing Participation by Owners, Operators
of Businesses, and Tenants in the Redevelopment Project.
d. The City Planning Commission report and recommendation to the
City Council approving the proposed Amendments to the Amended
Redevelopment Plan and recommending their adoption.
e. The Final Supplement to the Environmental Impact Report per-
taining to the proposed addition of land to the Redevelopment
Project and the proposed Amendments therefor to the Amended
Redevelopment Plan for the Redevelopment Project.
Ladies and Gentlemen, in order that we may have an
orderly meeting and make the most efficient use of our time here,
I am going to ask that everyone who participates in this hearing
observe a few simple rules. To assure that everybody who wishes
to speak will have an opportunity to be heard, the Council and
the Agency will follow the following rules:
a. The written agenda will govern the course of the meeting.
Copies of the agenda are available in case you did not take
one at the door.
b. All persons who desire to be heard will have an opportunity
to speak.
c. People who wish to speak for or against the addition of land
to the Redevelopment Project, and/or the proposed Amendments
to the Amended Redevelopment Plan should fill out a form.
These forms will now be picked up. If you have filled them
out, we ask that you bring them forward, or some individual
will pick them up and bring them forward to us. If you do
not have a form and wish to speak, please raise your hand and
we will see that one is made available to you that you might
fill it out.
d. Before commencing to speak, you will be sworn in by the City
Clerk.
Bakersfield, California, August 19, 1976 - Page 3
e. Before starting to speak, please give your name and address
and the organization, if any, which you are representing at
this hearing.
f. In order that everyone will be able to hear those who are
speaking, we want to urge you to speak clearly and directly
into the microphones here at the front of the room.
I now declare the public hearing open for the City Council
and the Redevelopment Agency.
Under the law, it is my responsibility to preside over
this Joint Public Hearing.
We shall now have the presentation of the proposed addition
of land to the Redevelopment Project and the proposed amendments
therefor to the Amended Redevelopment Plan by the Agency staff.
At this time, I would like to call on Mr. Dick Foster, Community
Development Director of the City and Deputy Executive Director of
the Redevelopment Agency, to introduce any persons who will partici-
pate for the Agency and have them stand and be sworn in.
MR. FOSTER: I am Dick Foster, Community Development
Director of the City and Deputy Executive Director of the Redevelop-
ment Agency. Those persons who may participate for the Agency are:
H. E. Bergen, Executive Director of the Redevelopment
Agency and City Manager
Eugene Jacobs and Doug Hart, Special Counsel for the
Redevelopment Agency
Kenneth W. Hoagland, City Attorney
Dick Foster, Deputy Executive Director of the Redevelop-
ment Agency and Community Development
Director
The Agency participants were sworn in as a body by the
City Clerk.
Community Development Director Foster stated this hearing
winds up a series of legal steps necessary by State Law to expand
the existing boundaries in order to allow the development of a
$30-million hotel complex and reviewed the area proposed to be
added to the existing boundaries.
Bakersfield, California, August 19, 1976 - Page 4
Mr. Foster further stated the nine-block area meets the
criteria of being sub-standard, under-utilized, or vacant and
qualifies as a Redevelopment Area.
Mr. Jacobs presented background information on the
hotel developer, the proposed hotel complex, and the financing
of the proposed project.
MR. FOSTER: This concludes the Agency's presentation.
If there are any questions, the Agency representatives are available
for more in-depth discussion.
MAYOR HART: At this time, the City Clerk will read the
names and addresses of all persons who have submitted written
communications in favor of the proposed addition of land to the
Redevelopment Project and/or the adoption of the proposed Amendments
therefor to the Amended Redevelopment Plan. The City Clerk will
also give a brief and general summary of each written communication.
Letter from Lawrence I. Weill, 1234 Chester
Avenue, Suite 105, who strongly recommends
expansion of the boundaries and supporting
downtown development.
Letter from Dr. Don Ratty, President, Downtown
Business Association, stating that the Board
of Directors of the Downtown Business Association
has taken the position of strong support for the
concept of the hotel complex being proposed for
downtown.
MAYOR HART: At this time we will have the oral statements
and questions by persons in favor of the proposed addition of land
to the Redevelopment Project and/or the adoption of the proposed
Amendments therefor to the Amended Redevelopment Plan. Will the
City Clerk please call the persons who have turned in forms and
swear in each speaker.
After being sworn in by the City Clerk, each of the
following persons addressed the Council and Redevelopment Agency
in favor of the proposed addition of land to the Redevelopment
Project and/or the adoption of the proposed Amendments therefor to
the Amended Redevelopment Plan:
Bakersfield, California, August 19, 1976 - Page 5
217
Ray Swanson, 3208 Idaho Street, stated he
has traveled as a member of the Convention
Committee for a fraternal organization, and
there is no facility in the San Joaquin
Valley that offers adequate accommodations
for large groups. The proposed hotel complex
would bring in revenue to the City by
attracting more conventions.
William K. Lazzerini, 2307 Spruce Street, who
owns and operates Advance Beverage Company at
701 - 16th Street and a former member of the
Convention Bureau, stated that if the City is
going to continue to be successful in
soliciting good conventions, which are
extremely important to the entire community,
we must have a first-class, all-purpose hotel
to handle the type and size of the groups we
have in the City.
Don F. Clark, 206 Garnsey Avenue, past Chairman
of the Convention Bureau, stated Bakersfield has
grown and is growing. We can be another Valley
town or we can be the charming, progressive
City of Bakersfield that knows how to combine
the new with the old.
Norlan Black, 4801 Belle Terrace #E, Vice
President of the Greater Bakersfield Chamber
of Commerce, making the first part of a two
part presentation, expressed the views of the
Chamber of Commerce. Bakersfield is becoming
one of California's fastest growing cities,
due in part to our fine economic conditions.
The proposed hotel complex is a step in the
right direction for the betterment of Bakers-
field by providing for additional jobs,
resulting in added purchasing power.
R. L. (Bob) Wolfe, 323 Arvin Street, representing
the Convention Bureau of Greater Bakersfield,
stated that Bakersfield is sixth in the State of
California in attracting conventions and in order
to attract larger groups Bakersfield needs a
substantial headquarters.
David W. Thomley, 5104 Lennox Avenue, representing
the David W. Thomley Company and the Bayfield
Company, both engaged in commercial real estate
development and contracting for the leasing and
management of the Bank of America Building on
Truxtun at Chester, stated that the local economy
approaches $1½-billion annually, attracting
attention from national tenants and national
business. Expansion is inevitable; the only
question to decide is the quality of the expansion.
Mr. Aitchison, Owner of Black Angus Motor Inn
and Restaurant, 333 Union Avenue, stated we have
one of the finest Convention Bureaus in California
and they need something they can work with. These
gentlemen have proposed such a thing~ and the
Black Angus endorses it.
218
Bakersfield, California, August 19, 1976 - Page 6
Reverend Fred Cottriel, 3709 Braeburn Drive,
Pastor of the First Assembly of God Church,
930 - 17th Street, which occupy and hold,
rent, and use for church privileges twenty-
four of the pieces of property in the area.
Most of the senior citizens in that area are
in these rentals, and the church is building a
new facility for the elderly at another location.
The largest single piece of property has been
held by the church in view of the proposed
project, which they feel is a great thing for
Bakersfield.
Robert E. Jones, 2500 Renegade Avenue, speaking
as an interested citizen, stated he firmly
believed the adoption of this plan and the
consummation of the development as proposed
will do nothing but benefit Bakersfield in
general and the downtown area in particular.
Richard Hoffman, 2004 Duke Drive, speaking as
a private citizen, stated he was very interested
in the project for the continued orderly growth
of Bakersfield.
Marshall H. Jacobson, Attorney, 5635 Wilson
Road, and Member of the Industrial Committee
of the Chamber of Commerce, stated that a
hotel complex of the nature proposed can have
nothing but a revitalizing effect on the
downtown area and increase tourism, which
would produce more economic growth for the
community.
Arthur E. Masters, 6100 Bel Aire Way, owner of
a store building at 831 - 18th Street, emphasized
he is for the project but respectfully requested
the City Council place a time limit of nine to
twelve months so the property owners can reason-
ably plan leases or sales of their properties
without a cloud of uncertainty hanging over
their heads.
MAYOR HART: At this time the City Clerk will read the
nameand addresses of all persons who have submitted written
communications opposed to the proposed addition of land to the
Redevelopment Project and/or the adoption of the proposed Amend-
ments therefor to the Amended Redevelopment Plan. The City Clerk
will also give a brief and general summary of each written
communication.
Letter from William J. Brady, Brady-Brandt
Insurance Agency, 918 Truxtun Avenue, stating
complete opposition to extension of the
boundaries.
Letter from Pershing Jung, 822 - 17th Street,
who strenuously objects to being included in the
Downtown Bakersfield Redevelopment Area, as he
expects to live out his life in his home.
Bakersfield, California, August 19, 1976 - Page 7
219
Letter from Ernie Melone, regarding property
at 830 - 17th Street. He is a joint tenant
with his father, who is quite elderly, and
his father had hoped to live out his twilight
years in his home.
Letter from A. Melone, resident at 830 - 17th
Street for over fifty years, 84 years old,
living alone, and feels he is too old to
relocate.
Letter from George and Mary Toy, 1715 "Q" Street,
who are in their retirement years and happily
enjoying their home.
Letter from Mrs. Evelyn Leipelt, who resides
in Stockton, California, whose property is
located at 1020 Truxtun Avenue, requesting
postponement of sixty days.
MAYOR HART: At this time we will have the oral statements
and questions by persons who oppose the proposed addition of land
to the Redevelopment Project and/or the adoption of the proposed
Amendments therefor to the Amended Redevelopment Plan. Will the
City Clerk please ask those persons who are opposed to step forward
individually and then be sworn in.
Francis Mart, 1030 - 17th Street, stated
he was opposed to government condemnation
of private land for private use.
MAYOR HART: I ask at this time if the City Clerk has
letters of inquiry or of no position for the record.
Letter from Arthur Masters, Property Owner,
Master Properties, principally concerned with
a store building at 831 18th Street. Mr.
Masters has presented some questions in his
letter which he requests the City Council or
the Redevelopment Agency to answer.
MAYOR HART: At this time we will ask for the oral state-
ments and questions by persons who are not taking a positive position
either for or against but have something to offer to this meeting
relative to the proposed addition of land to the Redevelopment
Project and/or the adoption of the proposed Amendments therefor
to the Amended Redevelopment Plan.
Bakersfield, California, August 19, 1976 - Page 8
Linda Young, P.O. Box 6521, business address
1129 - 19th Street, raised questions regarding
the basis of payment for properties within the
proposed area, relocation of persons residing
in a hotel when no other accommodations are
available in the area, relocation of the
business, and the time allowed to vacate after
notification.
Mayor Hart and Mr. Jacobs clarified the various questions
posed. Mr. Jacobs indicated he would be pleased to meet with Ms.
Young after the meeting to discuss the specific problem.
MAYOR HART: Are there any other persons here in this
audience desiring to speak? If so, please come forward, indentify
yourself, and be sworn in.
William J. Brady, property owner at 918 Truxtun
Avenue, stated he had sent a letter objecting
to the proposed expansion of the boundaries
and the description of the area as a "blight
area." He further stated he did not wish to
sell his property and feels he has property
rights, and that the intent of redevelopment
is being stretched to suit private interests.
MAYOR HART: Are there other persons here who wish to
speak? Please come forward.
Gloria Stewart, owner of a property on 19th
Street that had belonged to her father for
about fifty years and the same business has
been at that location for about seventy years,
asked that a time limit be put on the project
and if the hotel complex did not materialize,
the properties revert back to the owners.
The following written forms were submitted by persons
in the audience:
In favor:
Jake C. Siemens, 4001 Noel Place, business
address - lO10 Chester Avenue. "It's about
time Bakersfield started developing downtown.
This would be a terrific start:"
W. W. Phoenix, 2708 - 30th Street.
Paul A. Dennis, 3817 Country Club Drive,
business address - 3732 "M" Street
(business property owner).
Frank Fish, 601 Sesnon Street, business
tenant - 1424 - 17th Street.
Bakersfield, California, August 19, 1976 - Page 9
Cliff Silveira, 5607 Malden Court,
property owned within the project -
1715 Chester, T. I. Building.
Paul Meyer, 6702 Edmond Way, business
address - 619 - 16th Street; address
of property owned within the project
901-903-905 - 18th Street.
Doug Minner, 922 DeVote, business
address - 1307 Columbus.
Opposed:
Ernest Melone, 301N. Stine Road -
owner, 830 - 17th Street.
A. Melone, 830 - 17th Street,
residential owner-occupant - "Age
is a factor."
William J. Brady, Stockdale Highway,
business property owner - 918 Truxtun
Avenue.
No position:
Gustavo G. Garza, 609 - 3rd, McFarland -
business address 1030 18th Street
(property owner).
MAYOR HART: Hearing no requests to speak, I hereby
declare the public hearing closed for the purposes of the City
Council.
AGENCY CHAIRMAN CASPER: I hereby declare the public
hearing closed for the purposes of the Redevelopment Agency.
Mr. Jacobs clarified some points which had been raised
by the individuals participating in the public portion of the
hearing.
MAYOR HART: Do the members of the Redevelopment Agency
desire to discuss and consider taking action at this time?
AGENCY CHAIRMAN CASPER: Do any members of the Redevelop-
ment Agency desire to ask questions or request further clarification
on the proposed addition of land to the Redevelopment Project and
the proposed Amendments therefor to the Amended Redevelopment Plan?
Mr. Foster and Mr. Jacobs answered questions by Agency
members.
o 22
Bakersfield, California, August 19, 1976 - Page 10
Mr. Pettit stated for the record that at the Redevelop-
ment Agency meeting of August 17, 1976, the Agency members read
and reviewed some heartfelt opposition letters from residents in
the proposed area who were concerned about being displaced. Mr.
Pettit indicated the City staff assured that the full extent of
the law that provides every right to these individuals would be
carried out, and it is the purpose of the Agency to see this
happens.
Agency Member Pettit moved for adoption of Resolution
No. RA13-76 of the Redevelopment Agency approving and adopting
the Proposed Amendments to the Amended Redevelopment Plan for
the Downtown Redevelopment Project in all respects as amended
by Mr. Jacobs and hereby direct the Agency Secretary to file a
certified copy of said Proposed Amendments with the Minutes of
the meeting of the Agency, and the Agency hereby recommends the
City Council of the City of Bakersfield approve and adopt said
Proposed Amendments to the Amended Redevelopment Plan.
Agency Member King offered a substitute motion
proposing an amendment to the Resolution, with the appropriate
language, that if the project does not move forward within a
twelve-month period the boundaries be redefined back to the
present or then existing area of the Redevelopment Project.
After discussion, Agency Member Pettit withdrew his
motion.
Agency Member King withdrew his substitute motion and
moved that if an affirmative recommendation is made on the
Resolution which has been approved, that provisions be made that
it will expire within a twelve-month period if the hotel project
does not go forward and further suggested that the precise wording
of that be set forth by the Agency's Counsel. This motion was
seconded by Agency Member Poehner.
Bakersfield, California, August 19, 1976 - Page ll
223
The Agency Secretary called the roll as follows:
Ayes: Agency Members Casper, Foth, King, Pettit, Poehner
Noes: None
Absent: Agency Members Puder, Stewart
Agency Member Pettit reintroduced his motion as stated
earlier that the Redevelopment Agency adopt Resolution No. RA13-76
o£ the Redevelopment Agency approving and adopting the Proposed
Amendments to the Amended Redevelopment Plan for the Downtown
Redevelopment Project, with the appropriate changes previously
adopted. This motion was seconded by Agency Member Foth.
The Agency Secretary called the roll as follows:
Ayes: Agency Members Casper, Foth, King, Pettit, Poehner
Noes: None
Absent: Agency Members Puder, Stewart
AGENCY CHAIRMAN CASPER: Mr. Mayor, I hereby transmit
to the City Clerk and the City Council the Resolution of the Agency
approving and recommending that the City Council adopt the Proposed
Amendments to the Amended Redevelopment Plan, which provide for the
addition of the land to the Redevelopment Project, and the additional
motion with the twelve-month termination date.
MAYOR HART: Thank you, Mr. Casper. Do any members of
the Council desire to ask questions or to request any further
clarification on the proposed addition of land to the Redevelopment
Project and/or the proposed Amendments therefor to the Amended
Redevelopment Plan?
Vice-Mayor Bleecker questioned the present status of the
negotiations on the proposed development. Mr. Jacobs stated that
the developer has indicated he is prepared to begin within three to
four months if the City can take the necessary action at this time.
The necessary documents will be immediately put into writing with
the developer. The decision on the hotel itself, which is the
business transaction, and timetables will be brought to the Redevelop-
ment Agency and the City Council for consideration at a later date.
Bakersfield, California, August 19, 1976 - Page
Councilman Sceales questioned, if the City is unable to
purchase property from individuals without going through the legal
process of condemnation, is the seller forced into paying capital
gain taxes on that money. Mr. Jacobs stated taxes on capital gain
would not apply if the money is reinvested in real estate within
two years.
Councilman Rogers questioned who decides whether portions
of the proposed additions should be classed sub-standard or under-
utilized. Mr. Foster stated the definition of under-utilization
is defined by law and standard and sub-standard are defined by the
City's Building Code. Mr. Jacobs stated that the ultimate decision
is the City Council's, through the finding the Council makes.
Councilman Rogers referred to the letter from Mrs.
Evelyn Leipelt of Stockton, California, requesting a 60-day post-
hearing and asked if anyone would respond to her
ponement of the
letter.
After
being sworn in by the City Clerk, George Leipelt
stated he was here with his parents from Stockton, California
and questioned why his parents' property was included in the
Redevelopment Area. Mr. Foster explained good development policy
would require that protective area around the development of the
proposed shopping center.
Councilman Rogers, referring to Mr. Marr's earlier
presentation, questioned how taking an individual's property for
use by another private use of that property can be justified.
Mr. Jacobs indicated that this is a public purpose and the courts
have approved eminent domain, for instance, for universities, as
it is a public purpose. In this field, public purpose is found in
revitalizing cities which are deteriorating, and this kind of
eminent domain is necessary because there is no other way to do it.
Bakersfield, California, August 19, 1976 - Page 13
005
Councilman Rogers questioned whether consideration has
been given to moving the existing homes of elderly people who have
lived in their homes a long time, inasmuch as relocation could be
traumatic to the older citizens, to a location which would be
close to shopping, doctors, drug stores, and so forth. Mr. Jacobs
stated this has been done successfully in other areas, working on
an individual basis. Mr. Foster said his department has been
working on a one-to-one basis on such a case and believes it can
be resolved.
Councilman Strong questioned whether Mr. Brady and some
of the other people who objected would be contacted in the interim.
Mr. Jacobs answered in the affirmative.
Councilman Medders questioned whether there would be any
immediate change in the tax structure if a property is included in
the proposed expansion area but not within the boundaries of the
proposed hotel project. Mr. Jacobs stated there would be no change
in the tax structure.
Councilman Bleecker requested that everyone who has
opposed the extension of the boundary for whatever reason, whether
in writing, whether they live in or out of Bakersfield, or whether
they were here tonight and have written no letter, that they be
contacted personally, by the Community Development staff, to
determine if problems can be worked out ahead of time. Mr. Foster
stated his department would work toward that effort, to be completed
by the next meeting.
MAYOR HART: If there are no other questions, we ask
then that this Council call for a motion on the Ordinance approving
and adopting the Proposed Amendments to the Amended Redevelopment
Plan, designating it as being the first reading by title only.
Upon a motion by Councilman Medders, first reading was
considered given an Ordinance of the City Council o£ the City of
Bakersfield approving and adopting Amendments to the Amended Redevelop-
ment Plan for the Downtown Bakersfield Redevelopment Project.
Bakersfield, California, August 19, 1976
Page 14
The City Clerk called the roll as follows:
Ayes: Councilmen Bleecker, Christensen, Medders, Rogers,
Sceales, Strong
Noes: None
Absent: Councilman Barton
Agency Member King urged that the Redevelopment Agency
be allowed to present fully what the Agency is doing, has been
doing, and what the Agency thinks might be the consequences of
an affirmative action on the suggested Northeast Bakersfield
Shopping Center and what effect it might have on the future of
the City of Bakersfield.
Councilman Bleecker indicated that there are certain
processes the City must go through, but first there must be an
Environmental Impact Study, which is being done now, which would
indicate any zoning changes in that part of the City to accommo-
date a shopping center. According to law, that information must
be brought to the Planning Commission, and it is up to them to
make their recommendations to the Council and it would be up to
the Council to decide whether to fezone that property, and a
large consideration would be given at that particular time as to
whether the Redevelopment Agency has been able to develop some-
thing downtown.
AGENCY CHAIRMAN CASPER: At this time we call for an
adjournment of the Redevelopment Agency in regard to this meeting.
We stand adjourned.
Mayor Hart stated, since the Council has recessed to
two separate meetings, the Council cannot move past the 23rd of
August, 1976, which is a regular Council Meeting date, so the
Council will adjourn at this time and reconvene on the regular
date and call another meeting at that time.
Bakersfield, California, August 19, 1976 - Page 15
Upon a motion by Councilman Christensen, the meeting
was adjourned at 6:45 p.m.
MAYO o t~Bakersfield, Calif.
ATTEST:
CIT a o Clerk of the Council
of the City of Bak~rsfield, California
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