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HomeMy WebLinkAbout03/16/1995 BAKERSFIELD Randy Rowles, Chair Irma Carson Galen Chow Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, March 16, 1995 4:00 p.m. City Manager's Conference Room 1501 Truxtun Avenue, Suite 201 Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF MARCH 2, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. CARD ROOMS B. SET MEETING SCHEDULE 6. NEW BUSINESS 7. ADJOURNMENT TS:jp FILE I SPY NOTICE OF SPECIAL MEETING' OF THE LEGISLATIVE AND LITIGATION COMMITTEE OF THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that the Legislative and Litigation Committee of the City Council will hold a Special Meeting for the purpose of a Committee Meetinq on Thursday, March 16, 1995, at 4:00 p.m., in the City Manager's Conference Room on the second floor of City Hall, Suite 201, 1501 Truxtun Avenue, Bakersfield, California, to consider: 1. ROLL CALL 2. APPROVAL OF MARCH 2, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. CARD ROOMS B. SET MEETING SCHEDULE 6. NEW BUSINESS 7. ADJOURNMENT Trudy Slater, Ad~ministrative Analyst TS:jp BAKERSFIELD Alan~Tandy, City Ma~y~ger Randy Rowles, Chair Staff: Trudy Slater/ . Irma Carson / Galen Chow AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Thursday, March 2, 1995 4:15 p.m. City Manager's Conference Room 1. ROLL CALL Members present: Councilmember Randy Rowles, Chair; Councilmember Irma Carson; and Councilmember Galen Chow 2. APPROVAL OF FEBRUARY 15, 1995 MINUTES Minutes were approved as submitted. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS Mr. Soly Bina and Ms. GIenda Mailloux-Smith elected to speak during discussion of Card Room (Agenda Item 6A). Agenda Summary Report Legislative and Litigation Committee March 2, 1995 Page -2- ? 5. DEFERRED BUSINESS The agenda was taken out of order to accommodate members of the public. A. COUNCIL RESIDENCY ORDINANCE City Attorney Judy Skousen summarized historical information the Committee had received on the Council residency issue, including Charter changes made to conform to existing law. It was her belief that when the Bakersfield Municipal Code was recodified in 1981, which resulted in changing the numbering of the Elections Chapter from 4.16 to 1.16, a clerical error was made in leaving out 1.16.410. Thus, it is not in the Code, but she feels it was not intentionally deleted. She indicated that if the new proposed ordinance were adopted, it would be consistent with the intent of the Charter at that time. Current options available to the Council would include placing the one that was left out back in the Municipal Code, adopting the newly drafted one, adopting a combination of the two, or drafting something completely new. To get the one inadvertently left out back in the Municipal Code would require Council action because of the time elapsed. The City Attorney indicated that the proposed ordinance detailed the wording in the Charter. Chairman Randy Rowles indicated the need for the wording to be clear. He requested staff to work on draft language for a Charter amendment that would address the issue, the idea being that the new ordinance would be utilized until a Charter amendment was placed on the ballot. If a proposed Charter amendment was voted in, then that language would stand; if the amendment was notVoted in, then the language of the ordinance would stand and be separable at that point. Upon being asked by the City Attorney if the Committee would like the proposed amendment to the Charter to read in the same fashion that the proposed ordinance does, it was indicated that regardless of form, the wording should be clear. What has caused the confusion has been two legal interpretations. The desire is to make the Charter so clear that no one will misunderstand. Councilmember Chow made the motion that the proposed ordinance be forwarded to Council for second reading. The motion passed, and staff was directed to place it on the March 8 Council agenda. It was agreed that the proposed ordinance clarifies the Charter. Chairman Rowles asked that a proposed Charter amendment be available for Committee review at its next meeting. Agenda Summary Report Legislative and Litigation Committee March 2, 1995 Page -3- B. SET MEETING SCHEDULE The next meeting was scheduled for March 16, 1995, at 4:00 p.m. The setting of a permanent meeting schedule was deferred until the next meeting. 6. NEW BUSINESS A. CARD ROOMS (FOR DISCUSSION ONLY) Extended discussion was held on City card room requirements, the situation Ms. Glenda MaiHoux-Smith finds herself in as to compliance with City requirements, and the impact non-compliance may have on her card room business and employees. Discussion was also focused on annexation-related issues, such as "grandfathered" zoning, what can and cannot be done to assist businesses needing to comply with non-zoning related issues, six specific City compliance requirements needed by Ms. MaiHous-Smith, and the impacts of City requirements upon her business (i.e., reduced hours and restriction on card games played), and the eminent expiration of her State permit. ,, Ms. Mailloux-Smith indicated that she was unhappy being annexed to the City, that she had located in the county by choice, and would prefer to still be in the County. Mr. Soly Bina, from the Casa Royale, indicated that the card room was a source of income for the Casa Royale, that the clientele presented no problem, that he supported Ms. Mailloux-Smith's efforts to keep the card room profitable, and that if she chOSe to move away from the Casa Royale, it would hurt it financially. Committee concerns were voiced over the need to find a solution. Future annexation efforts should learn from the difficulties experienced in prior ones. Possible solutions (pros and cons) voiced included establishment of a short-term grandfather clause just for annexation areas, a possible 30-day extension of some type, and staff exploration of the issue of Ms. Mailloux-Smith's expiration date of March 18 with the State. It was felt that the City had an obligation to provide a quality of life as equal as possible for everybody in the City in terms of the level of services provided, particularly with security and related issues. Chairman Rowles felt that more clarification on ramifications and permitting issues was needed on what the City's options are, and if there's an extension that could be granted. Agenda Summary Report Legislative and Litigation Committee March 2, 1995 Page -4- Lt. Bill Horton indicated he would provide the Committee with the compliance and compat~ility issues of the Police Department and options that might be available. He felt that the State would allow Ms. Mailloux-Smith to extend her temporary permit, but she would still be in violation of existing City ordinances. He indicated he would talk with the State to try to come to some kind of understanding that the City will be making some type of determination within the next 60 days. The City Attorney suggested bringing the issue back to Committee at its next meeting with a list of options. The Committee concurred. Chairman Rowles indicated he would like to resolve this issue as soon as possible. 7. ADJOURNMENT The meeting adjourned at 5:40 p.m. Staff Attendees: City Manager Alan Tandy; City Attorney Judy Skousen; Lt. Bill Horton; and Administrative Analyst Trudy Slater. Public Attendees: Soly Bina, Casa Royale; Glenda Mailloux-Smith, Casa Royale Card Room; Mark Benjamin, The Bakersfield Californian; three Casa Royale employees; Jim Henson, resident; Maya Nishikawa and Jamie Espinoza from Channel 17. '~s:jp