HomeMy WebLinkAbout08/19/2013
Staff: City Council Members:
Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair
Jacquie Sullivan
Russell Johnson
Regular Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, August 19, 2013
12:00 p.m.
City Hall North
First Floor – Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT MAY 20, 2013 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion and Committee Recommendation Regarding the Proposed
Charter Amendment Regarding Ward Residency Requirements – Gennaro
5. COMMITTEE COMMENTS
6. ADJOURNMENT
City Council Members:
Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair
Jacquie Sullivan
Russell Johnson
AGENDA SUMMARY REPORT
Regular Meeting of the
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, May 20, 2013 - 12:00 p.m.
City Hall North
First Floor – Conference Room A
1600 Truxtun Avenue, Bakersfield, CA 93301
The meeting was called to order at 12:00 PM.
1. ROLL CALL
Present: Councilmember Terry Maxwell, Chair
Councilmember Jacquie Sullivan
Councilmember Russell Johnson
Staff Present:
Alan Tandy, City Manager Virginia Gennaro, City Attorney
Rhonda Smiley, Asst. to the City Manager Tom Geddes, Associate City Attorney
Steven Teglia, Asst. to the City Manager Chris Huot, Administrative Analyst
Others Present:
Christy Horne, Right To Life Greg Ibarra, Bakersfield Citizen
Mayrlee Shnider, Right To Life Margaret Ibarra, Bakersfield Citizen
Amparo Kinnsch, Right To Life Susan Rowe, Bakersfield Citizen
Christina Smith, McKee Road Baptist Otilia Curiel, Bakersfield Citizen
Fred Fies, McKee Road Baptist Mary Darroh, Bakersfield Citizen
Suzanne Shepard, McKee Road Baptist Becky Zobel, Bakersfield Citizen
Debra Newton, McKee Road Baptist Terri Palmquist, Life Savers
Amy Fies, McKee Road Baptist Tim Palmquist, Life Savers
Erin Pattrino, McKee Road Baptist Stephen Frost, Catholic Church
Gail Pattrino, McKee Road Baptist George Moreno, Diamond Faith Power
Linda Barnhard, McKee Road Baptist Debra Moore, McKee Road Baptist
Justin Horton, McKee Road Baptist Theo Douglas, Bakersfield Californian
Legislative and Litigation Committee Meeting
Monday, May 20, 2013
Agenda Summary Report
Page 2
2. ADOPT APRIL 22, 2013 AGENDA SUMMARY REPORT
Adopted as submitted
3. PUBLIC STATEMENTS
None
4. NEW BUSINESS
A. Discussion and Committee Recommendation Regarding the Human Life Ordinance
Request – Gennaro
City Attorney Gennaro provided a brief presentation describing the typical process for
adopting new legislation, the key provisions, and the legal issues associated with the
proposed legislation. Ms. Gennaro also distributed a copy of a letter dated October 29,
2012 directed to Mr. Tim Palmquist to provide an example ordinance, and a copy of the
most recent proposed legislation from February 2013.
Committee Chair Maxwell asked if there were any cities that have adopted this kind of
ordinance and been challenged with state and federal laws.
Ms. Gennaro stated there were no cities that have adopted this kind of ordinance.
Ms. Aparo Kinnsch with Life Savers stated she opposes any legislation which endangers the
health and physical well-being of women.
Ms. Christine Horne with Right to Life stated she disapproves of facilities promoting abortion
and promote the morning after pill. She also stated the local, state, and federal
government need to address the matter and protect women and their unborn children.
Mr. Fred Fies with McKee Road Baptist Church stated his intent is to draw awareness to the
matter, be an example city for others and not expose the City to litigation.
Ms. Terri Palmquist with Life Savers Ministries stated she is aware the City Attorney spoke
with Right to Life, which is separate organization. She encouraged Right to Life to join her.
Ms. Palmquist stated she knows several attorneys who support the legislation, who she can
put in contact with the City Attorney’s office.
Mr. Tim Palmquist with Life Savers Ministries stated the City should lead by example and be
the first to adopt the proposed legislation. He stated the purpose of the legislation was to
protect unborn human beings and not expose the City to litigation.
Mr. George Moreno with Diamond Faith Power stated he was against abortion clinics in
the City of Bakersfield. He stated there are several cities that do not allow abortion clinics
in their cities, and Bakersfield should become one of those cities. He also understood the
difficulty and complexity of the matter.
Legislative and Litigation Committee Meeting
Monday, May 20, 2013
Agenda Summary Report
Page 3
Ms. Marylee Shnider with Right to Life stated her organization is a nonprofit organization
trying to work effectively with local and state governments. Ms. Shnider stated her
organization is currently preparing legislation, modeled after an Americans United for Life
bill, to provide pre-abortion ultrasounds to pregnant women. She stated 24 states have
previous adopted similar legislation.
Ms. Debra Moore of McKee Road Baptist Church encouraged everyone to be pro-life.
Committee member Johnson thanked everyone present at the meeting for their
involvement. He stated he has been actively participating with Right to Life since 2002 and
is currently a member of the non-profit board. Committee member Johnson has no
exchange of resources or financial interests with the nonprofit organization; therefore, he
has no legal conflict of interest. Mr. Johnson asked City Attorney Gennaro if a resolution
would expose the City to legal litigation.
City Attorney Gennaro stated the City would still be exposed to litigation.
Committee member Sullivan thanked the City Attorney for her presentation and stated
she supported the idea of a resolution regarding the matter.
Committee Chair Maxwell asked if an ordinance would prevent local clinics from
operating within the City limits.
Ms. Gennaro stated the City would continue to provide the entities with entitlements but
could not elaborate on the practical and economic impact the entity would encounter. If
an entity thought an ordinance or resolution would impact their ability to continue with
business, it would have a basis to sue the City.
Committee Chair Maxwell stated there is a process for all levels of government; he
commended Right to Life for their approach to preparing legislation to present at the state
level.
Committee member Sullivan made a motion to have staff continue to review and
research the proposed ordinance to be discussed at a later time. The motion was
unanimously approved.
Committee member Johnson made a motion to have the City Attorney’s office draft a
resolution stating the Council’s policy to be presented to the Committee when the matter
is discussed at a later date. The motion was unanimously approved.
5. COMMITTEE COMMENTS
None
6. ADJOURNMENT
The meeting adjourned at 1:50 PM
cc: Honorable Mayor and City Council