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HomeMy WebLinkAbout05/20/2013 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