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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 mp