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HomeMy WebLinkAbout09/19/05 CC MINUTES JOINT SPECIAL MEETING 95 MINUTES OF THE JOINT MEETING OF SEPTEMBER 19,2005 BAKERSFIELD CITY COUNCIL AND KERN COUNTY BOARD OF SUPERVISORS County Host Board of Supervisors Chambers 1415Truxtun Avenue Special Meeting - 5:30 p.m. ACTION TAKEN 1. FLAG SALUTE by Councilmember Irma Carson 2. ROLL CALL Bakersfield City Council Present: Absent: Mayor Hall, Carson, Benham, Couch, Hanson, Sullivan, Scrivner Vice-Mayor Maggard Kern County Board of Supervisors Present: Absent: Chairman Watson, Supervisors McQuiston, Maben, Patrick, Rubio None 3. OPENING REMARKS BY CHAIRMAN RAY WATSON 4. OPENING REMARKS BY MAYOR HARVEY L. HALL 5. PUBLIC STATEMENTS A. Kern County Fire Chief Dennis Thompson presented an overview of disaster resources and provided written material. B. Marilyn Stewart spoke regarding staffing issues at the animal shelter and lack of vaccines for dogs. 96 Bakersfield, California, September 19, 2005 - Page 2 6. BUSINESS ITEMS A. Fireworks Regulations Review Staff presentation by City Fire Chief Ron Fraze. Kern County Fire Chief Dennis Thompson provided the County perspective and made recommendations. Council member Scrivner discussed proposals provided to Supervisors and Councilmembers previously. Dennis Revelle, on behalf of TNT Fireworks, provided written material and spoke in favor of legal fireworks. Larry Romero, District Commander of the Veterans of Foreign Wars, Fuchsia Ward, on behalf of the Kiwanis Club of Kern, William Potter, Commander of Post 97 Veterans of Foreign Wars, Cathy Morgan, Shatter American Legion Auxiliary, Loreda Clevenger, Chris Gonzales, Jennifer Hoffmann, on behalf of the Indian Wells Swim Team, Bernie Daverin, on behalf of the California City Knights of Columbus, the Burroughs High School Boosters, the Cal City Christian Center, the Cal City Youth Sports and the American Legion Auxiliary, Cheryl Nelson, representing the San Joaquin Sport Divers Club, Keith Fultz, James LeBlanc, Kern County Search and Rescue Desert Unit, Thurman Van DeMark, on behalf of Bakersfield Optimist Club, Chris McCoy, John Graham, Rosedale Highway Lion's Club and Bill Brimmer, President of the San Joaquin Sport Divers spoke in favor of safe and sane fireworks. Councilmember Benham thanked Chiefs Fraze and Thompson for working on the issue and to the public speakers for providing input. Additionally Councilmember Benham expressed support for Chief Fraze's recommendations formation of a Joint Task Force supported those recommendations and urged rapid action. Supervisor Rubio stated he opposes a ban on fireworks, believes the present sales period is appropriate, supports the proposed Task Force, opposes the surcharge, supports heavy fines for sale of illegal fireworks and believes fines should be used to fund enforcement. Additionally, Supervisor Rubio urged the origin of any weapons or explosives turned in under amnesty be determined and that citizens from non-profit organizations running fireworks booths are included on the Task Force. Supervisor Maben asked County Counsel Barmann if the City and County process is the same for incurring administrative penalties. Mr. Barmann responded. ACTION TAKEN Bakersfield, California, September 19, 2005 - Page 3 97 6. BUSINESS ITEMS Supervisor Maben questioned Mr. Barmann regarding setting an amount for proposed fines. Mr. Barmann responded. Councilmember Scrivner questioned Mr. Revell regarding formation of a Task Force. Mr. Revell responded. Councilrnember Couch questioned Chief Fraze regarding pre-sale and storage of fireworks. Chief Fraze responded. Councilmember Couch requested staff revisit regulations for pre-sale and storage of fireworks. Supervisor Patrick endorsed the Task Force and video education. Supervisor McQuiston stated he does not support a ban on fireworks, encourages establishing substantial fines for those breaking laws concerning fireworks and endorses a Task Force. Councilrnember Sullivan encouraged tightening enforcernent of tirne periods when safe and sane fire works are legal, endorsed the Task Force and strict enforcement of fireworks ordinances. Councilmernber Carson endorsed the Task Force and Supervisor Rubio's position that the non-profits should not be charged a sur-tax. Additionally Councilmernber Carson expressed support for using fines to enforce the law. CAO Errea urged administrate rather than criminal charges be utilized in the enforcernent of fireworks regulations. B Proposed Fire Services Joint Powers Agreement Kern County Fire Chief Dennis Thompson gave an overview and endorsed the docurnent. Bakersfield City Fire Chief Ron Fraze provided an overview and recornrnended approval of the Agreernent. Kern County Fire Chief Dennis Thompson reviewed late changes to the document. Supervisor Maben requested information regarding hop scotching areas. Kern Count Fire Chief Thompson and City Fire Chief Fraze responded. ACTION TAKEN AGR 05-329 98 Bakersfield, California, Septernber 19, 2005 - Page 4 6. BUSINESS ITEMS continued Item 6.B. continued Supervisor Rubio requested information regarding the 180 day negotiating period for new fire stations. City Fire Chief Fraze responded. Supervisor Patrick requested information regarding the 180 day negotiating period; additionally she expressed dissatisfaction with the wording regarding the negotiating period. County Fire Chief Thompson responded. Supervisor McQuiston expressed dissatisfaction with the five mile rnutual aid clause. Councilmember Sullivan voiced support for the Joint Powers Agreement. Councilrnember Benham requested inforrnation regarding separate approval of the docurnent. City Fire Chief Fraze responded. Bakersfield City Manager Tandy made cornments regarding the escape clause in the document. Supervisor Rubio stated he wishes to move forward on the item. Councilmernber Carson expressed support for removal of the escape clause. Supervisor McQuiston suggested the five rnile clause be removed. Councilmernber Couch requested information regarding the five mile clause and whether it precludes rnutual aid and suggested legal counsels and agency adrninistrative officers confer for five minutes regarding the wording. City Fire Chief Fraze and City Attorney Gennaro responded. Supervisor Patrick reiterated her objection to the language in the escape clause. Supervisor Rubio agreed with Supervisor Patrick's position and endorsed a short conference. Supervisor McQuiston agreed a short conference would be Beneficial Recess taken from 7:58 p.m. to 8:09 p.m. ACTION TAKEN Bakersfield, California, Septernber 19, 2005 - Page 5 99 6. BUSINESS ITEMS continued Item 6.B. continued County Counsel Barmann and City Attorney Gennaro proposed changes to the wording in paragraph eleven. Motion by Supervisor Rubio, seconded by Maben to approved the Joint Powers Agreement as amended. Motion by Councilmember Couch to approve the Joint Powers Agreement as amended. Chairman Watson announce item 6.H will be heard out of order. H. Proposed Joint Resolution regarding City and County efforts to improve air quality Supervisor Rubio provided and overview. Michael Turnipseed, Kern County Tax Payers Association, spoke requesting changes in the language of the document. Councilmernber Benham suggested subsection E of section one be changed to read, "a conversion of the City and County heavy duty fleet vehicles to cleaner fuel burning vehicles within the next five years" and item G be revised to read, "efforts will be made to ensure that there exists a movement", or something of a sirnilar nature. Councilmernber Benham requested information regarding conversion of the City fleet to lower emission vehicles. City Public Works Director Rojas responded. Supervisor Maben endorsed changes suggested by Council member Benham. Council member Scrivner expressed support for the suggested language changes. Supervisor McQuiston stated support for the proposed revised language. Supervisor Patrick made comments regarding air quality and expressed support for the suggested language changes. Chairman Watson requested information regarding the financial feasibility of achieving the stated goal. County Counsel Errea will provide the information as soon as it is compiled. _..._~--_. ACTION TAKEN APPROVED APPROVED RES 209-05 100 Bakersfield, California, September 19, 2005 - Page 6 6. BUSINESS ITEMS continued Itern 6.H. continued Supervisor Rubio endorsed the changes suggested by Councilmember Benharn. Motion by Supervisor Rubio, seconded by McQuiston, to approve the Resolution as amended in items "E" to include, "a conversion of the City and County heavy duty fleet vehicles to cleaner fuel burning vehicles within the next five years", and "G" with the inclusion of the language, "efforts wíll be made to encourage business and corporations that use heavy duty machinery within the City and County to transition to clean fuel burning equipment", a friendly amendment to include a referral to staff to quantify costs and report to the Board and a friendly amendment in Section II to replace the last three words with the phrase "and seek incentive dollars to convert, develop and create." Motion by Councilmember Benham to approve the Resolution. C. Status Report on Metropolitan Bakersfield Solid Waste Transfer Siting Staff presentations by County Waste Managernent Director Daphne Harley and City Solid Waste Director Kevin Barnes. Councilmernber Benham left the meeting at 8:48 p.m. Councilmember Hanson requested staff develop an Action Plan for presentation to both governing bodies. Supervisor Patrick endorsed Councilmember Hanson's comments. D. South Beltway Alignment Kern County Planning Director Ted James gave an overview and suggested the alignment be referred to the City for changes. City Public Works Director Rojas concurred with Mr. James comments. Motion by Supervisor Patrick, seconded by Rubio to refer the matter to Bakersfield City Council for action. ACTION TAKEN APPROVED APPROVED APPROVED Bakersfield, California, September 19, 2005 - Page 7 101 ACTION TAKEN 6. BUSINESS ITEMS continued E. Update on Federal Highway Funding and Local Transportation Project Priority and Administration Bakersfield City Public Works Director Raul Rojas gave a computer presentation. City Manager Tandy made comments regarding the source of funding for the projects and urged expeditious follow through on the projects. Supervisor McQuiston made comments regarding the South Beltway and a possible Northeast Beltway connecting Hwy. 58 with Comanche and Hwy. 178. Supervisor Rubio requested information regarding the widening of Hwy. 178 in the Westchester area. Public Works Director Rojas responded. F. Update on Local Transportation Sales Tax Ballot Measure. Resource Management Agency Director David Price gave an overview. City Public Works Director Raul Rojas concurred with Mr. Price's comments and made additional comments. Councilmember Couch requested this issue be placed on the next Joint Meeting agenda as an early agenda item. Chairman Watson expressed concern regarding the time frame and urged the legislative bodies resolve any issues of contention before the next meeting. G. Western Rosedale Specific Plan Update Kern County Planning Director Ted James made a presentation. Roger Funston made comments and provided information regarding availability of a grant funds. Supervisor Patrick made comments regarding planning and growth. McQuiston asked that contingencies of accepting grant monies are reviewed. 102 Bakersfield, California, September 19, 2005 - Page 8 6. BUSINESS ITEMS continued Item 6.F. continued Supervisor Rubio requested a multi-agency task force be formed in order to assure growth progresses in a responsible manner; staffs to propose structure for the task force at the next Joint City County meeting. Chairman Watson endorsed Supervisor Rubio's proposal. Councilmember Couch requested staff recommend procedure to form the City portion of the task force. I. Proposed 2006 Schedule for Joint Meetings Motion by Supervisor Patrick, seconded by Supervisor McQuiston, to set 2006 Joint City/County Meeting dates for Monday, February 27, 2006 and Monday, September 18,2006. Motion by Councilmember Couch to set 2006 Joint City/County Meeting dates for Monday, February 27, 2006 and Monday, September 18,2006. 7. CLOSING COMMENTS BY CITY COUNCILMEMBERS AND BOARD MEMBERS Supervisor McQuiston wished everyone a good evening and complimented staff on presentations rnade at the meeting. Councilmember Couch thanked staff and requested county assistance with a traffic signal at Palm and Allen, where County and City jurisdictions converge. Supervisor Patrick thanked staff for effort contributed to the Meeting, those in attendance and the City Clerk and Clerk of the Board. Supervisor Rubio expressed appreciation for staff and to community members who participated in the meeting. Councilmember Carson thanks everyone for attending the meeting and expressed hope that as planning for the metropolitan area progresses the County islands in the City will be included. ACTION TAKEN APPROVED APPROVED 103 Bakersfield, California, September 19, 2005 - Page 9 ACTION TAKEN 7. CLOSING COMMENTS BY CITY COUNCILMEMBERS AND BOARD MEMBERS continued Council member Scrivner made comments regarding pensions, provided handouts and thanked all in attendance at the meeting. 8. CLOSING COMMENTS BY MAYOR HARVEY L. HALL Mayor Hall expressed appreciation for the efforts of all involved in the meeting. 9. CLOSING COMMENTS BY CHAIRMAN RAY WATSON Chairman Watson requested the issue of animal control be addressed at the next Joint City/County Meeting. 10. ADJOUNMENT Chairman Watson adjourned the meeting at 10:01 p.m. ATTEST: MAYOR of the City of Bakersfiel il mLt CITY CLERK and Ex Officio CI r of the Council of the City of Bakersfield 104 ***THIS PAGE INTENTIONALLY LEFT BLANK***