HomeMy WebLinkAbout09/23/2013
Staff: City Council Members:
Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair
Jacquie Sullivan
Russell Johnson
Special Meeting of the
Legislative and Litigation Committee
of the City Council – City of Bakersfield
Monday, September 23, 2013
12:00 p.m.
City Hall South
City Council Chambers
1501 Truxtun Avenue, Bakersfield CA 93301
A G E N D A
1. ROLL CALL
2. ADOPT AUGUST 19, 2013 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Discussion and Committee Recommendation Regarding the Human Life
Ordinance Request – 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, 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
DOCUMENTS HANDED
OUT AT THE
COMMITTEE MEETING