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HomeMy WebLinkAbout09/19/2005 · ' MINUTES OF THE JOINT MEETING OF SEPTEMBER 19, 2005 BAKERSFIELD CITY COUNCIL . AND KERN COUNTY BOARD OF SUPERVISORS County Host Board of Supervisors Chambers 1415Truxtu n Avenue Special Meeting - 5:30 p.m. SPECIAL MEETING ACTION TAKEN 1. FLAG SALUTE by Councilmember Irma Carson 2. ROLL CALL Bakersfield City Council Present: Mayor Hall, Councilmembers Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: Vice-Mayor Maggard Kern County Board of Supervisors Present: Chairman Watson, Supervisors McQuiston, Maben, Patrick, Rubio Absent: 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 a list of disaster resource services and provided written material. B. Marilyn Stewart spoke regarding staffing issues at the Kern County Animal Shelter and lack of dog vaccines. Bakersfield, California, September 19, 2005 - Page 2 6. BUSINESS ITEMS ACTION TAKEN A. Fireworks Regulations Review Staff presentation by City Fire Chief Ron Fraze. Kern County Fire Chief Dennis Thompson provided the County perspective to develop a partnership with the City and County law enforcement to enhance fireworks oversight and administrative penalties. Councilmember Scrivner discussed proposals to limit fireworks to July 4 and New Years Eve and establish fees for a joint task force. 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, Shafter Amedcan 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 Cai City Christian Center, the Cai 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 the immediate formation of a Joint Task Force urged rapid action due to the approaching fireworks season. 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. Bakersfield, California, September 19, 2005 - Page 3 BUSINESS ITEMS continued ACTION TAKEN Item 6.A. continued Supervisor Maben questioned County Counsel Barmann regarding the administrative penalty process for City and County and expressed support for substantial fines. Mr. Barmann responded. , 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. Councilmember 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. Councilmember Sullivan encouraged tightening enforcement of time periods when safe and sane fire works are legal, endorsed the Task Force and strict enforcement of fireworks ordinances. Councilmember Carson endorsed the Task Force and Supervisor Rubio's position that the non-profits should not be charged a sur-tax. Additionally Councilmember Carson expressed support for using fines to enforce ordinances. County Administrative Officer Errea urged administrate penalties rather than criminal charges due to the impact on the criminal justice system. B. Proposed Fire Services Joint Powers Agreement AGR 05-329 Kern County Fire Chief Dennis Thompson and City Fire Chief Ron Fraze gave an overview and reviewed modifications to the Joint Powers Agreement. Considerable discussion ensued regarding concerns related to the 180-day negotiation period for placement of new fire stations, and the five-mile limit beyond the Bakersfield, California, September 19, 2005 - Page 4 6. BUSINESS ITEMS continued ACTION TAKEN Item 6.B. continued metropolitan Bakersfield boundary which does not preclude mutual aid assistance. Supervisor Maben requested information regarding hop scotching areas. Kern Count Fire Chief Thompson and City Fire Chief Fraze responded. 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 mutual aid clause. Councilmember Sullivan voiced support for the Joint Powers Agreement. Councilmember Benham requested information regarding separate approval of the document. City Fire Chief Fraze responded. Bakersfield City Manager Tandy made comments regarding the escape clause in the document. Supervisor Rubio stated he wishes to move forward on the item. Councilmember Carson expressed support for removal of the escape clause. Supervisor McQuiston suggested the five mile clause be removed. Councilmember Couch requested information regarding the five mile clause and whether it precludes mutual aid and suggested legal counsels and agency administrative 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. Recess taken from 7:58 p.m. to 8:09 p.m. Bakersfield, California, September 19, 2005- Page 5 6. BUSINESS ITEMS continued ~ ACTION TAKEN Item 6.B. continued County Counsel Barmann and City Attorney Gennaro Reported back on the 'proposed amendments recommended by staff pursuant to direction from the Board and City Council. Motion by Supervisor Rubio, seconded by Maben to APPROVED approve the Joint Powers Agreement as amended. Motion by Councilmember Couch to approve the Joint APPROVED Powers Agreement as amended. AB MAGGARD Chairman Watson announce item 6.H will be heard out of order. H. Proposed Joint Resolution regarding City and RES 209-05 County efforts to improve air quality. Supervisor Rubio provided and overview of the joint resolution. Michael Turnipseed, Kern County Tax Payers Association, spoke requesting changes in the language of the resolution. Councilmember Benham suggested amending Section 1.e. to read, a conversion of the City and County heavy duty fleet vehicles to cleaner fuel-burning vehicles within the next five years "would help improve air quality" in place of "would suppress the growing air quality problem"; and Section 1.g. to read: "Efforts will be made to encourage businesses and corporations, that .use heavy duty machinery within the city and county to transition to cleaner fuel-burning equipment", in place of "A change in agreeing upon contracts with businesses and corporations that use heavy duty machinery within the city and county will be employed to ensure that there exists a movement within these businesses to transition to cleaner fuel-burning equipment." Councilmember 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 Councilmember Benham. Councilmember Scrivner expressed support for the suggested language changes. Bakersfield, California, SePtember 19, 2005 - Page 6 6. BUSINESS ITEMS continued, ACTION TAKEN Item 6. H. continued Supervisor McQuiston stated support for the proposed revised language. Supervisor Patrick also requested striking language at the end of Section 2, which reads "will attempt to", and inserting "will seek incentive dollars to:" 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. Supervisor Rubio endorsed the changes suggested by Councilmember Benham. APPROVED 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 will 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 APPROVED Resolution as amended. AB MAGGARD C. Status Report on Metropolitan Bakersfield Solid Waste Transfer Siting Councilmember Benham left the meeting at 8:48 p.m. Staff presentations by County Waste Management Director Daphne Harley and City Solid Waste Director Kevin Barnes. Councilmember Hanson requested staff develop an Action Plan for presentation to both governing bodies. Supervisor Patrick endorsed Councilmember Hanson's comments requesting staff develop an action plan for presentation to both governing bodies. Bakersfield, California, September 19, 2005- Page 7 BUSINESS ITEMS continued ACTION TAKEN 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 APPROVED refer the Metropolitan Bakersfield General Plan Circulation Element and the South Beltway Specific Plan Line to the City of Bakersfield for action. E. Update on Federal Highway Funding and Local Transportation Project Pdority and Administration Bakersfield City Public Works Director Raul Rojas gave a ~omputer preSentation. City Manager Tandy made comments regarding the source of funding for the projects and urged expeditious follow through on the projects. F. Update on Local Transportation Sales Tax Ballot Measure. Resource Management Agency Director David Price and Public Works Director Raul Rojas made presentations. 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. McQuiston asked that contingencies of accepting grant monies are reviewed. Bakersfield, California, September 19, 2005 - Page 8 6, BUSINESS ITEMS continued ACTION TAKEN Item 6.F. continued Supervisor Rubio requested a report back at the next joint meeting regarding formation of a multi-agency task force comprised of appropriate city and county staff and related agencies to assure responsible growth and planning for the future. Chairman Watson endorsed Supervisor Rubio's proposal. Councilmember Couch requested staff prepare recommendations for the City's participation on the task force. I. Proposed 2006 Schedule for Joint Meetings Motion by Supervisor Patrick, seconded by Supervisor APPROVED 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 APPROVED City/County Meeting dates for Monday, February 27, AB MAGGARD 2006 and Monday, September ~8, 2006. 7. CLOSING COMMENTS BY CITY COUNCILMEMBERS AND BOARD MEMBERS Supervisor McQuiston wished everyone a good evening and complimented staff on presentations made 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 a desire to have County islands incorporated into the City as planning progresses. Bakersfield, California, September 19, 2005- Page 9 7. CLOSING COMMENTS BY CITY COUNCILMEMBERS ACTION TAKEN AND BOARD MEMBERS continued Councilmember Scrivner made comments regarding public 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. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield