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.
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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
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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
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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.
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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
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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
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