Loading...
HomeMy WebLinkAbout06/24/1987 MINUTES CCBakersfield, California, June 24, 1987 Minutes of the Special Meeting of the Council of the City of Bakersfield for the purpose of Public Hearings held in Council Chambers of City Hall at 7:00 p.m., June 24, 1987. the The meeting was called to order by Mayor Payne, followed by the Pledge of Allegiance and Invocation by Councilmember Dicker- Deputy City Clerk Gafford called the roll as follows: Present: Mayor Payne. Councilmembers Childs, Christensen, Smith, Ratty, Dickerson, Salvaggio Absent: Councilmember Moore Mayor Payne stated that Councilmember Moore is out of town on a family emergency. Amended Report No. 8-87 from Manager regarding Analysis of Costs. the City Election City Manager Caravalho paraphrased City Manager Amended Report No. 8-87 as follows: The Kern County Elections Division estimated the costs for the three Council Ward and Charter Amend- ment Elections for November, 1987, as follows: COUNCIL WARD NOS. 2, 5, 6 $25,000.00 CHARTER AMENDMENT Multi-Year Budget Bid Limits 51,500.00 TOTAL $76,500.00 The Petition for Charter Amendment did not qualify for the November Ballot, therefore, I recommend not placing the remaining Charter Amendment Issue, Bid Limits, on the Ballot. The County Elections has advised the City Clerk the cost of verifying signa- tures for the Charter Amendment will be approxi- mately $15,000.00 and that bill will not be forth- coming until after July 1, 1987. Therefore, the Clerk's Election Budget should be amended to re- flect: COUNCIL WARD NOS. 2, 5, 6 $25,000.00 VERIFICATION OF SIGNATURES FOR CHARTER AMENDMENT 15,000.00 TOTAL $40,000.00 NET SAVINGS $36,500.00 Upon a motion by Councilmember Childs, the budget was amended to reflect the changes as provided in City Manager's Re- port No. 8-87 regarding analysis of election costs by the follow- ing vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Bakersfield, California, June 24, 1987 - Page 2 75 This is the time set for a public hearing on an appeal by Donald Kurtz, to the de- cision of the Board of Zoning Adjustment, approving the application of Milazzo and Associates for a Conditional Use Permit of an M-1-D (Light Manufacturing-Architectural Design) Zone to allow a race track complex for remote controlled model cars on that certain property commonly known as 7401 White Lane. Affonso, appeal. Correspondence has been 7309 Cibola Drive, dated received from Jeff and Lori June 21, 1987, in support of the Mayor Payne declared the hearing open for public parti- cipation. Donald Kurtz, 7405 Cibola Drive, spoke in support of his appeal to the Board of Zoning Adjustment regarding a remote con- trolled model car race track. Shelby Taffera, 7305 Cibola Drive, spoke in support of the appeal to the Board of Zoning Adjustment. David Milazzo, architect representing the proposed race track developers, Dr. Srour and Jerry Langraf, spoke in opposition to the appeal. The following people made rebuttal comments in support of the appeal. Donald Kurtz, 7405 Cibola Drive Helen Bailey, 3917 Jerome Way Sue Kizer, 7409 Cibola Drive Anthony Taffera, 7305 Cibola Drive Judy Turner, 7400 Cibola Drive David Milazzo made rebuttal comments in oppostion to the appeal. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the pub- lic portion of the hearing for Council deliberation and action. Councilmember Dickerson stated for the record that he brought to Mr. Milazzo's awareness the potential for increased traffic entering and exiting the racing facilities and possible noise factors involved in recreational activities of the project. Councilmember Ratty made a motion to uphold the decision of the Board of Zoning Adjustment, approving the application of Milazzo and Associates for a Conditional Use Permit of an M-1-D (Light Manufacturing-Architectural Design) Zone to allow a race track complex for remote controlled model cars on that certain property commonly known as 7401 White Lane, with the following additions: 1. Hours limited to 1:00 p.m. to 9:00 p.m. weekdays, 9:00 a.m. to 6:00 p.m. weekends, and 8:00 a.m. to 8:00 p.m. during four tournament weekends per year; 2. RV's not permitted in the front parking lot; 3. No Parking signs along White Lane when race track is developed; and 4. Any changes from the 8th and 10th model scales, now used, will be brought back to the Council. 76 Bakersfield, California, June 24, 1987 Page 3 Mayor Payne restated the motion, to uphold the decision of the Board of Zoning Adjustment with the conditions relative to the hours of operation, those hours being 1:00 p.m. to 9:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on weekends, with the excep- tion of the hours of operation being extended to 8:00 a.m. to 8:00 p.m. on the four sanctioned weekends, and the RV parking restrict- ed to the area to the south of the tract. This motion was approved by the following vote: Ayes: Councilmembers Childs, Smith, Noes: Councilmember Christensen Absent: Councilmember Moore Ratty, Dickerson, Salvaggio Councilmember Christensen clarified his vote, stating the reason he voted no was because he feels the race track project has way too many variables, and, although he feels it would be an asset to businesses in that area, and to Bakersfield in general, the amount of variables is complicated, and he feels it is in the wrong location. Councilmember Dickerson clarified his vote, stating that such a project costs a considerable amount of money, time and energy by the applicant. He does not want to take away from the concerns of the community, but the approved document contains a vehicle for concerns to be voiced, if and when a problem occurs, and he encouraged residents of the race track area to inform him personally. Councilmember Salvaggio clarified his vote, stating that he was supportive of the motion to uphold the decision of the Board of Zoning Adjustment because he feels the City has met the people of the community half-way in giving them a fair hearing, by attaching reasonable conditions and controls to protect their quality of life, and by offering thein another fair hearing if un- foreseen problems arise with the race car project. recessed p.m. Upon a mot the meeting ion by Councilmember Christensen, Mayor Payne at 8:52 p.m. The meeting reconvened at 9:06 This is the time set for a public hearing on an appeal by Robert Underwood to the Board of Zoning Adjustment denying his application for a Conditional Use Permit of a C-2-D (Commercial-Architectural Design) Zone to allow the serving of beer and wine in conjunction with the special activities planned for the building, i.e., ballroom dancing, receptions, banquets, etc., on that certain property commonly known as 2200 Wible Road. Mayor Payne declared the hearing open for public parti- cipation. James Barton spoke in favor of the appeal by Robert Un- derwood to the Board of Zoning Adjustment. Mr. Barton submitted correspondence to the Clerk in sup- port of the appeal from Ed Tudor Radio Station Q94, P.O. Box 93303, dated June 24, 1987, and Judy A. Delfino, Senior Sound Off Chairman at South High School, dated June 22, 1987. Kevin McDermott, 3035 Doris Lane, spoke in opposition to the appeal by Robert Underwood to the Board of Zoning Adjustment. James Barton made rebuttal comments in favor of the appeal. Bakersfield, California, June 24, 1987 - Page 4 77 No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the pub- lic portion of the hearing for Council deliberation and action. Councilmember Ratty made a motion to defer the issue of Mr. Underwood's appeal to the Board of Zoning Adjustment until the end of the Agenda in order to allow Mr. Barton, Mr. McDermott, and possibly City Attorney Oberholzer, time to come back to Council with some conclusion regarding conditions of the appeal. Councilmember Dickerson made a substitute motion to up- hold the decision of the Board of Zoning Adjustment and deny the appeal. Upon a motion by Councilmember Smith, the call for the question was approved. Councilmember Dickerson's motion to uphold of the Board of Zoning Adjustment and deny the appeal the following vote: the decision failed by Ayes: Noes: Absent: Councilmembers Christensen, Dickerson Councilmembers Childs, Smith, Ratty, Salvaggio Councilmember Moore Councilmember Ratty's motion to defer the Underwood's appeal to the Board of Zoning Adjustment the Agenda was approved by the following vote: issue of Mr. to the end of Ayes: Noes: Absent: Councilmembers Childs, Smith, Councilmember Christensen Councilmember Moore Ratty, Dickerson, Salvaggio (Public Hearing on an appeal by Robert Underwood to the Board of Zoning Adjustment is continued on Page 8.) This is the time set for public hearing on an appeal by DeWalt-Porter Engineering to the decision of the Planning Commission re- garding Condition Nos. 2, 4, 5, 7, 8, and 10 set on Tentative Parcel Map No. 8362 affect- ing those certain properties commonly located on both sides of Highway 178, approximately one mile west of Comanche Road. Mayor Payne declared the hearing open for public parti- cipation. Engineer Dennis DeWalt, representing the property owner, Gene Albanian, spoke in support of the appeal. No protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Councilmember Smith made a motion to grant the appeal by DeWalt-Porter Engineering to the decision of the Planning Commission on Tentative Parcel Map No. 8362 affecting those certain proper- ties commonly located on both sides of Highway 178, approximately one mile west of Comanche Road with changes in Condition Nos. 2, 4, 5, 7, 8 and 10 as follows: Sewers - Sewer service is not immediately avail- able to this area. A septic system, approved by the Kern County Health Department and the City Building Department, may be utilized until such time as sewer service is available. The subdivider shall provide the sewer mains in the streets as shown on the map for eventual tie-in to the City sewer system. ?$ Bakersfield, California, June 24, 1987 Page 5 Street Lights The subdivider is required to ~nstall eight 9,500 lumen and two 5,800 lumen high pressure sodium vapor street lights (as shown on the map), including furnishing and installing all street light poles, conduits, wires, and luminaires. Electrical service points shall be shown on street construction plans to be approved by the City Engineer. Street Dedications and/or Easements The streets shown shall be offered for dedication. Acceptance by the City of those offers of dedi- cation will be contingent upon the subdivider's improving the streets to City standards and the City's acceptance of those improvements. The offer of dedication of the west 55' of the subdivision shall be to arterial standards with a waiver of direct access rights from parcels 3, 4 and 5, except that parcels 3 and 4 may have limited access which will be determined at time of development. In accordance with CalTrans requirements, a waiver of direct access rights shall be required to Highway 178 from all abutting par- cels. Access may be achieved via county roads or by constructing frontage (collector) roads to access at Mesa Colorado or Vista Montana Drive. Dedication of 15' of additional Right-of-Way on each side of existing State Route 178 shall be required. The adopted freeway alignment of the future State Highway 178 shall be shown on the Parcel Map, but dedication will not be required at this time. No building will be permitted within that proposed route. This shall be noted on the Parcel Map. The offer of dedication of the east 45' of the subdivision between the east collector street and north boundary of parcel two shall be to major collector standards. County Road No. 626 between Highway 178 and the easterly N-S street shall be abandoned, and all related costs shall be paid by the developer. Type and location of centralized mail delivery units, the location to be approved by the Traffic Authority, shall be determined in con- sultation with the Postal Service. If the Postal Service and the subdivider agree special easements are required, then said special ease- ments shall be shown on the Final Map. Easements for public utilities, if any, shall be determined by the developer in consultation with the public utilities· Utilities - Water, gas, electrical, telephone, and cable TV service shall be provided to each parcel and in accordance with Section 16.32.070 B.5 and 6 of the City Municipal Code. Bakersfield, California, June 24, 1987 Page 6 79 Street Paving, Curbs, Gutters and Sidewalks The subdivider shall construct minimum street paving width of 24' and graded shoulders on all streets prior to recordation of the map. Con- struction of the remaining paving, curb and gutters, and sidewalks on all streets shall be deferred until further development or subdivision. Sidewalks shall be 5.5' wide on all major arte- rial and collector streets and 4.5' wide on local streets. The subdivider shall construct standard handicap ramps at all curb returns. Flow-line to flow-line widths of the streets shall be as follows: 40' on the easterly N-S street between the major collector and County Road 626 and 44' between County Road and High- way 178. 10. Street Name and Traffic Control Signs The subdivider shall pay all costs for furnishing four traffic control signs and sign posts which are necessary for the present or future traffic control needs in or adjacent to the subdivision. The subdivider shall also pay for and install five metro and two standard size street name signs to be located as shown on the map. The fittings shall be tamper-proof. Councilmember Salvaggio stated for the record that a memorandum stating the changes in Condition Nos. 2, 4, 5, 7, 8 and 10 on Tentative Parcel Map No. 8362 was received by the Council just prior to the meeting. Councilmember Smith's motion to grant the appeal with modifications to Condition Nos. 2, 4, 5, 7, 8 and 10 was approved by the following vote: Ayes: Counc Noes: None Absent: Count ilmembers Childs, Christensen, Dickerson, Salvaggio ilmember Moore Smith, Ratty, This is the time set for a public hearing on an appeal by Field Development Company to the decision of the Board of Zoning Adjustment denying the request to permit the waiving of the masonry wall require- ment adjacent to the parking area along the north property line on that certain property commonly known as 3401 Actis Street. Holtby appeal. Correspondence was received from Bobbie Hackett, 612 Road, and Robert A]bitre, 3405 Actis, in support of the Correspondence was also received from Herb Roberts and Associates, 225 Chester Avenue, Suite 202, requesting the developer erect a six foot concrete block wall extending out to the setback line of the apartments and a four foot concrete block wall to the property line. Mayor Payne declared the hearing open for public parti- cipation. Bakersfield, California, June 24, 1987 - Page 7 Don McCoy, 2201 "A" Street, requested a continuance of this hearing due to the fact that his attorney was not notified. City Attorney Oberholzer clarified that Attorney Kenneth Byrum filed an appeal on behalf of Field Development and the pro- per notification was sent to Field Development. Don McCoy spoke in support of the appeal. Bob Hackett, 2525 Truxtun Avenue, representing Bobbi Hackett Womack, 612 Holty Road, spoke in opposition to the appeal by Field Development Company to the decision of the Board of Zon- ing Adjustment. Herbert E. Roberts, representing Mr. & Mrs. Robert A]bitre of 3405 Actis Street, spoke in opposition to the appeal. Jesse Chavez, 3512 Wrenwood, spoke in opposition to the appeal. No further protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the pub- lic portion of the hearing for Council deliberation and action. Councilmember Dickerson made a motion to uphold the de- cision of the Board of Zoning Adjustment. Upon a motion by Councilmember Dickerson, the public hearing on an appeal by Field Development Company to the decision of the Board of Zoning Adjustment was postponed until the Council meeting of July 1, 1987. This is the time set for a public hearing to consider exemption from the requirement of the State Law (AB 2020) that states there will be at least one certified re- cycling center in every convenience zone in the State. Mayor Payne declared the hearing open for public parti- cipation. John Kempstead, financial officer with Bakersfield Asso- ciation of Retarded Citizens, spoke in support of the exe~nption from the requirement of State Law AB 2020. No protests or objections being received, and no one else wishing to speak in favor, Mayor Payne closed the public por- tion of the hearing for Council deliberation and action. Upon a motion by Councilmember Salvaggio, Resolution No. 127-87 of the Council of the City of Bakersfield was adopted, and a certificate of findings of fact for the consideration of a con- venience zone exemption from the requirement of the State law in accordance with the California beverage container recycling and litter reduction act (AB 2020) requested by Bakersfield Retarded Citizens, Inc. (BARC), to exempt six convenience zone numbers: 386, 405, 406, 407, 409 and 424, was approved by the following vote: Ayes: Noes: Absent: Councilmembers Childs, Christensen, Dickerson, Salvaggio None Councilmember Moore Smith, Ratty, Bakersfield, California, June 24, 1987 - Page 8 Continuance of a public hearing on an appeal by Robert Underwood to the deci- sion of the Board of Zoning Adjustment denying his application for a Conditional Use Permit of a C-2-D (Commercial-Archi- tectural Design) Zone. Kevin McDermott, 3035 Doris Lane, stated that in dis- cussion with the applicants, the following possible wording for the Conditional Use Permit has been agreed upon: 1. Increase the cement wall between the two lots to alleviate noise, subject to approval of adjacent homeowners; 2. Consider and encourage use of trees in easement area between walls; 3. Enclose easement area on both ends; 4. Applicant to provide security guards during special events; 5. Applicant to provide security patrols during the night; and 6. No boxing events at the Palladium; Hours of events at the Palladium would run no later than 11:00 p.m. Sunday through Thursday, and no later than midnight on Friday and Saturday; and In the event of complaints from surrounding property owners, or in the event of police problems, the Board of Zoning Adjustment shall have the right, after public hearing, to impose additional condi- tions, or to rescind the Conditional Use Permit. Upon a motion by Councilmember Dickerson, the public hearing on an appeal by Robert Underwood to the decision of the Board of Zoning Adjustment denying his application for a Condition- a! Use Permit was deferred to the Council meeting of July 1, 1987. ADJOURNMENT There being no further business to come eli, upon a motion by Councilmember Christensen, journed at 11:13 p.m. before the Coun- the meeting ad- ATTEST: MAYOR of the City of Ba{ersfield, Calif· CITY CLERK and Ex Officio Clerk of the Council OF THE City of Bakersfield, Calfiornia df