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
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