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HomeMy WebLinkAbout08/19/2013 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, August 19, 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 Steven Teglia, Asst. to the City Manager Richard Iger, Associate City Attorney Others Present: Christy Horne, Right to Life Tim Palmquist, Life Savers Ministries Theo Douglas, Bakersfield Californian Octavio Flores, Channel 17 News Tameka Powell, Bakersfield Resident 2. ADOPT MAY 20, 2013 AGENDA SUMMARY REPORT Adopted as submitted Legislative and Litigation Committee Meeting Monday, August 19, 2013 Agenda Summary Report Page 2 3. PUBLIC STATEMENTS Tim Palmquist with Life Savers Ministries provided the Committee with the updated human life ordinance he presented at the City Council meeting of August 14, 2013. He also provided a summarization of changes made to the document. Christy Horne with Right to Life stated that she is prolife and is in support of the actions Mr. Palmquist and his organization are doing to bring awareness to the matter. 4. NEW BUSINESS A. Discussion and Committee Recommendation Regarding the Proposed Charter Amendment Regarding Ward Residency Requirements – Gennaro City Attorney Gennaro stated the City Charter currently does not have a residency requirement. An individual must be a resident at the time nomination papers are issued and throughout their entire term of office. To change the residency requirement, a Charter amendment would be required. The process involves voter approval at a general election, which could cost approximately $150,000 to $200,000. The California Supreme Court previously ruled that residency requirements in excess of 30 days violate the equal protection clause. Based on this information, the residency requirement can only be extended to 30 days. City Manager Tandy stated the cost was not in the current budget but if the Committee chose to pursue the matter, funding would need to be made available. Committee member Sullivan thanked the City Attorney for her research and asked if the cost estimation would decrease if the change occurred during an election year when more matters were on the ballot. Ms. Sullivan also thanked Ms. Powell for attending the meeting and bringing the matter to the Council’s attention. City Manager Tandy stated the current cost estimate was based on a general election. The cost would be much more at a special election. Committee member Johnson thanked Ms. Powell for all her efforts and involvement with the Community. He also stated that due to the circumstances, no further action should be taken. Committee Chair Maxwell said although he would like to change the residency requirement in the Charter, given the research, it would not be financially prudent to move forward with any changes at this time. Bakersfield resident Tameka Powell thanked the Committee for discussing the matter. Ms. Powell is in favor of an amendment to include a stipulation of residency requiring anyone seeking election to live in the area they wish to represent for three months prior to the issuance of nomination papers. The individual would be familiar with any issues of the area and could represent the people of the district adequately. Legislative and Litigation Committee Meeting Monday, August 19, 2013 Agenda Summary Report Page 3 5. COMMITTEE COMMENTS Committee member Sullivan thanked Mr. Palmquist and Ms. Horne for being present at the meeting and continuing their efforts to bring awareness to human life. Committee Chair Maxwell thanked staff for preparing a thorough explanation of the circumstances revolving the matter. 6. ADJOURNMENT The meeting adjourned at 1:50 PM cc: Honorable Mayor and City Council