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Home My WebLink About03/02/1995 BAKERSFIELD Randy Rowles, Chair Irma Carson Galen Chow Staff: Trudy Slater AMENDED FEBRUARY 27, 1995 AGENDA LEGISLATIVE AND LITIGATION COMMrl-i'EE .Thursday, March 2, 1995 4:00 p.m. City Manager's Conference Room 1501 Truxtun Avenue, Suite 201 Bakersfield, CA 1. ROLL CALL ~ , 2. APPROVAL OF FEBRUARY 15, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. COUNCIL RESIDENCY ORDINANCE B. SET MEETING SCHEDULE 6.. NEW BUSINESS A. CARD ROOMS (FOR DISCUSSION ONLY) 7. ADJOURNMENT TS:jp B A K E R S F I E L D Randy Rowles, Chair Irma Carson Galen Chow Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Thursday, March 2, 1995 4:00 p.m. City Manager's Conference Room 1501 Truxtun Avenue, Suite 201 Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF FEBRUARY 15, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. COUNCIL RESIDENCY ORDINANCE B. SET MEETING SCHEDULE 6. NEW BUSINESS 7. ADJOURNMENT TS:jp FILE COPY *****AMENDED FEBRUARY 27, 1995'**** NOTIC£ OF SPECIAL M£ETING OF THE II::GISLATIV£ AND LITIGA'i'ION COMMIITEF OF THE COUNCIL OF THE CITY OF BAKEFISFI£LD 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 2, 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 FEBRUARY 15, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. COUNCIL RESIDENCY ORDINANCE B. SET MEETING SCHEDULE 6. NEW BUSINESS A. CARD ROOMS (FOR DISCUSSION ONLY) 7. ADJOURNMENT Trudy Slater,~.a(dministrative Analyst TS:jp FDLE COPY 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 Meeting on Thursday, March 2, 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 FEBRUARY 15, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. COUNCIL RESIDENCY ORDINANCE B. SET MEETING SCHEDULE 6. NEW BUSINESS 7. ADJOURNMENT Slater, Administrative Analyst Trudy ~" TS:jp FILE COPY BAKERSFIELD Ala/(fl'J~ndy, nager Randy Rowles, Chair Staff.' Trudy Slatel Irma Carson Galen Chow AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITFEE Wednesday, February 15, 1995 4:00 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 OCTOBER 6, 1994 MINUTES Minutes were approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. NATIONAL LEAGUE OF CITIES Item was deferred. Agenda Summary Report Legislative and Litigation Committee February 15, 1995 Page -2- B. GAS POWERED BLOWERS Item was deferred. 6. NEW BUSINESS A motion was made and passed to take the agenda out of order to accommodate members from the public. A. SET MEETING SCHEDULE/NEXT MEETING The next meeting was scheduled for Thursday, March 2, at 4:00 p.m., with only two items on the agenda: council residency and setting of meeting schedule. B. REVIEW OF PROPOSED RESOLUTION DELEGATING AUTHORITY TO PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO APPROVE PLANS AND SPECIFICATIONS AND NOTICES OF COMPLETION AND ACCEPTANCE OF WORK PERFORMED The Committee directed staff to forward the proposed ordinance to Council with an administrative report explaining the issue of discretionary decisions immunity, informal process used by Council and staff regarding appeals, and indicating that information on plans and specifications would be available for Council through a regular monitoring system. C. REQUEST FROM KERN INDUSTRY COALITION FOR COUNCIL TO ADOPT A RESOLUTION SUPPORTING THE USE OF A NEIGHBORING BUSINESS ACTMTY STATEMENT Discussion ensued on the intent of the Kern Industry Coalition in requesting the resolution as well as background history surrounding the Coalition's request from the Board of Supervisors for a similar resolution. It was indicated that the request simply states that the Neighboring Business Activity Statement is a good idea, that the City does not incur any liability from it, and that it serves as an encouragement to bring interested parties involved in development together. The Neighboring Business Activity Statement is not a mandate of any kind upon anyone nor would be the resolution supporting the statement. Committee members felt supportive of the resolution, asked staff to modify it to concur with City resolutions and moved to forward the amended resolution to the Urban Development Committee with its support. Agenda Summary Report Legislative and Litigation Committee February 15, 1995 Page -3- D. REVIEW OF CULVER CITY GRAFFITI ORDINANCE AND OTHERS FOR POSSIBLE USE WITH MODIFICATIONS IN BAKERSFIELD. REVIEW FEASIBILITY'OF PROHIBITING GRAFFITI OFFENDERS FROM OBTAINING A DRIVER'S LICENSE BEING INCLUDED IN THE ORDINANCE The Committee reviewed a Culver City graffiti ordinance, and a general discussion ensued on state as well as local laws regarding graffiti. The City Attorney indicated that the City's existing ordinance is generally very good. Certain driver's license restrictions are also part of state law. The Attorney General is expected to come out with an opinion on various graffiti issues within six months. Committee and staff concerns centered on court determination of graffiti fines and levies, reasonable time frames for responding to city dictates regarding cleaning up of graffiti, and how to get property owners who are repeated victims of graffiti to become more active in removing graffiti themselves rather than asking the city to do so. The City Attorney was asked to clarify the scope of state law and to outline possibilities available for Bakersfield. Committee members agreed that more information is needed. E. REVIEW OF BELLFLOWER CURFEW ORDINANCE AND OTHER HELPFUL ORDINANCES IN REDUCING JUVENILE CRIME A review of the City of Bellflower curfew ordinance resulted in a request to staff for further research on juvenile crime. Committee members were sensitive to needs of minors to be out past curfew for legitimate reasons and recognized a trend in other communities for later curfew times. The Chief of Police will complete an assessment of current curfew laws, review information on cost recovery systems, and will list possible remedies which would be effective in Bakersfield. F. COUNCIL RESIDENCY ORDINANCE The City Attorney handed out a revised proposed ordinance relating to continuous residence of Councilmembers in their ward. Discussion included the issue of clarity and the feasibility/applicability of requesting a charter revision, and the need for a timely response to Council. Committee member Carson indicated that this particular section of the Charter had been changed previously, and the City Attorney was asked to research the history behind the change to the section. Staff will obtain information on costs of holding an election in conjunction with other ballot issues (possibly the mayoral election) and report back to the Committee. Staff will draft a charter amendment as well. Staff were asked to indicate Committee's continuing research in an administrative report. Agenda Summary Report Legislative and Litigation Committee February 15, 1995 Page -4- G. LEGISLATIVE PROCESS/LEGISLATIVE PLATFORM Staff very briefly recapped the Committee's involvement with the City's Legislative Platform as well as timing for responses to the League's reauest for inmn resolutions. It was felt this could be a recurring i;sue on ;he Commi~t~"~a~;~.. 7. ADJOURNMENT The meeting adjourned at 5:50 p.m. Staff present: City Manager Alan Tandy; City Attorney Judy Skousen; Chief of Police Steve Bru'mmer; Public Works Director Raul Rojas; Administrative Analyst Trudy Slater Others present: Glenda Anderson, Bakersfield Association of Realtors; Brian Todd, Bakersfield Association of Realtors; Jack Haddad, Bakersfield Association of Realtors; Liz Barker, ..The Bakersfield Californian; Barbara Don Carlos, Building Industry Association 'I'FS:jp MEMORANDUM February 24, 1995 TO: LEGISLATIVE AND LITIGATION COMMITTEE FROM: JUDY K. SKOUSEN, CITY ATTORNEY -~ SUBJECT: ARTICLE 17 OF THE BAKERSFIELD CHARTER REGARDING RESIDENCY REQUIREMENTS OF COUNCILMEMBERS Attached please find copies of two memos to me from the City Clerk regarding the history of Charter Section 17 and Ordinance 4.16.110. Also attached are copies of the pertinent amendments adopted. Unfortunately, there are no minutes, opinions nor administrative reports that shed much light on the issue of councilmembers residency. What is clear is that the Charter was amended to comply with court decisions finding that requirements that a person reside in the city or ward any specified length of time prior to taking out nomination papers for office. You will see that originally the requirement was to reside in the City for three years prior to running for election. After the Court decision they attempted to require one year prior residency. When that was found to be illegal, they attempted to require thirty days. Again, that was found to be illegal and, thus, the requirement that a person reside in the City for any length of time prior to taking out nomination papers was deleted. Never, however, was there any discussion of whether a person was required to reside in the city and in their ward during the entire time they served as councilmembers. This requirement was clarified in Ordinance 4.16.110 which was very specific in stating that a councilmember was not eligible to hold office unless he (sic) resided in the ward. That part of this ordinance also had to be changed to delete the requirements that a person live in the .city prior to taking out nomination papers as in the Charter. In 1981 when the Municipal Code was recodified and many ordinances received different numbers, section 4.16.110 was changed to 1.16.410 but the clear wording requiring a councilmember to reside in their ward the entire time they served was not changed. In 1990 the Charter was amended to take out all the election provisions that were different from state law and to provide that our elections be held in accordance with state law. Chapter 1.16 was amended to delete the specific election provisions to bring the code into consistency with the newly amended Charter. There was no mention of amending section 1.16.410. It appears, however, that through inadvertence that section was left out of the Code. I believe this section was left out through inadvertence because the Memorandum to Legislative and Litigation Committee Re: Article 17 of the Bakersfield Charter regarding Residency Requirements of Council February 24, 1995 Page 2 Administrative report recommending the adoption of the ordinance indicates that the amendment relates only to Charter section 74 which was the change in election procedures. For that reason I believe it was always the intent that councilmembers be required to reside in the city and in their ward during the entire time they held the office of councilmember. JKS: fet JKS\CounResid. Mem 02-24-95 MEMORANDUM FEBRUARY 23, 1995 TO: TRUDY SLATER, ADMINISTRATIVE ANALYST II SUBJECT: ELECTION COSTS - CHARTER AMENDMENT In response to your memorandum dated February 16, 1995, I have pulled together the estimated costs and possible election dates for placing a City Charter amendment on the ballot. Based on our City's history, estimated costs and time to prepare, I recommend placing Charter amendments on the November 5, ~996 State-wide General, or the March 26, ~996 State-wide Primary Elections. As of this date, there are 97,000 registered voters in the City of Bakersfield. In June 1992, the Mayoral Primary and Charter Amendments cost $73,688.71. Th'e election costs will vary depending on the number of entitites placing issues on the ballot. November 7, ~995 The estimated cost is $~75,000. (There are no other entities expected to be holding an election on this date). March 26, ~996 The Mayoral and Presidential Primary in California has been changed from June* to March. If the City chooses to add a Charter Amendment to this election, it will cost an estimated $70,000. November 5, ~996 The cost to place a Charter Amendment on the State-Wide General Election is estimated to be $50,000. I have been advised by John Stinson, Assistant City Manager, through labor relations, the City has agreed to place a Charter Amendment on the "next city-wide', ballot with respect to lay-off language, miscellaneous employees. In addition, Gail Waiters, Assistant City Manager, also mentioned that all department heads have been asked to review the Charter for possible amendments. Trudy Slater, Administrative Analyst II February 24, 1995 Page Two * Note: Pursuant to: City Charter, Election of Mayor, Section 67.1 (a) The nominating and general municipal elections for the office of Mayor shall be held concurrently with the state primary and general elections, respectively. cc: Gail Waiters, Assistant City Manager John Stinson, Assistant City Manager MEMORANDUM February 23, 1995 JUDY SKOUSEN, CITY ATTORNEY SUBJECT: HISTORY OF CITY CHARTER AMENDMENTS - QUALIFICATIONS OF COUNCILMEMBERS Pursuant to your request, the following reflects the history of the City Charter as it has been amended since 1914 relative to: City Councilmembers' Qualifications. ~- 1. Original Charter, dated 1914, reads, in part, as follows: ,,Qualifications of Councilmen. Sec. 17. Members of the council, and candidates therefor, shall be residents of the city for three years and electors of the ward which they represent .... " 2. Memo from city Attorney to city Council, dated April 25, 1977, regarding City Charter Report -- Legal Analysis, as follows: ,,Section 17. Qualifications of Councilmen. This has been declared invalid in one respect because it requires a councilman to be a resident of the city for three years. The courts have declared the residency requirement invalid. In fact, this charter provision is in conflict with Section 4.16.110 of the Municipal Code which correctly states the residency requirement. Section 17 contains other provisions which are not invalid. The section should be amended." 3. Memo from city Attorney to Charter Review and Advisory Commission, dated May 24, 1979, regarding city Charter update, as follows: "Section 17. This section has been declared invalid in other areas by the courts. It requires a three-year residency for a councilman to be eligible for election. The courts have said this is wrong. Our ordinances on elections now read that the candidate should be a resident of the city and of the ward and a qualified elector at the time nomination papers are issued." Judy Skousen, City Attorney February 23, 1995 Page 2 4. Memo from City Attorney, dated September 30, 1980, proposing City Charter Revision, in part, as follows: "Section 17. Members of the Council, and candidates thereof, shall be residents of the City and of the ward which~they represent, or seek to represent, and qualified electors at the time nomination papers are issued .... " 5. City Attorney's Impartial Analysis of Measure "B" for Election on March 3, 1981. It states, in part, as follows: " ..... It also removes the unconstitutional three-year residency requirement for candidates for City Council and Mayor. Measure B provides that candidates must be residents of the ward at the time nomination papers are issued .... " 6. Sample Ballot from Election held on March 3, 1981 (Full Text of Measure B, Charter Amendment), in part, as follows: "Qualifications of Councilmen - Section 17. Members of the Council, and candidates thereof, shall be residents of the City and of the ward which they represent, or seek to represent, and qualified electors at the time nomination papers are issued ..... ', 7. Resolution No. 17-81 declaring results of election held March 3, 1981. Charter Amendment Measure "B", was approved by the voters-, in part, as follows: "MEASURE 'B' Whether Sections...17...of the City Charter should be amended .... to eliminate the unconstitutional residency requirement for election of Councilmembers and Mayor; ...... ,, 8. Certification and Authentication by Mayor and Clerk of City Council of Submission of Charter Amendments and Repeals to the Electors of the City of Bakersfield and Ratification by Such Electors (Government Code Section 34464), in part, as follows: Judy Skousen, City Attorney February 23, 1995 Page 3 "Qualifications of Councilmen - Section 17. Members of the Council and candidates thereof shall be residents of the City and of the ward which they represent or seek to represent and qualified electors at the time nomination papers are issued ..... " For your easy reference, enclosed are copies of each of the above- mentioned documents. I think it is important to note in some versions of the proposed Charter Amendment there are commas that are omitted in later versions, which may affect the interpretation. If you have any questions or wish to discuss this matter, please let me know. CW/ndw A:CHARTER Attachments pc: Gail Waiters, Assistant City Manager QUAZII~ICATIOI~S OF COB~CIIA~gN. Sec. 17. Members of the council, and candl~atee therefor, e~mll be residents of the .city. for three years and electors of the ward which they represent. Councilmen eha21 not l~old ~ other public office except thst of nota~- public or member of the s~ate ~ilitla, ~ds~l not be interested In a~ contract, Job, work or service for the municip~ity. ~ member who shall cede to ~o- · esa ~ of ~he qu~ificatio~ }mrein required a~ll forfei~ his off,ce, and ~ such c~mtract, in which ~y me~r Is or ~y b~co~ l~terested, sh~l ~ void. ~o mem~r of the co,oil Ih~l, e~ept la so far as ia necess~y in the perforce of ~e Juries of his office, directly er tndi~ctly t~e ~y p~t in t[,e ~poi~tzent, promotion or dia~aa~ ~f ~ officer, or e~nloye in the se~lee of t~ city o~er ~ ~ officers or e~loyea of the ao~oll. April 23, 1977 TO: City Council FROH: · City Attorney SUBJECT: City Charter Report--Lesal Analysis The City Council on April ll requested a report fro~ the City Attorney on the City Charter, ! do not feel that it is the duty of the City Attorney to .ccmaent on ~atters where there ~ay be differ* ences of opinion, For the ~ost part this report will not include such discussion. All section references here are to the City Charter. Section 3 provides for the City to be divided into seven political wards. Then Sec,tons 4, 5, 6, 7, 8, 9 and 10 describe the boundaries of the seven wards. These sections are inoperative, inaccurate and unnecessary. Ward boundaries are altered by ordinance and in fact change as annexations take place. sections should be removed. Sec,ion 3, which provides fo~l~: City to be divided into seven wards, should be anended to pro- vide that boundaries be established by ordinance, which in-fact, is what is being done now. Section 11.1 (a), (b) and (c) requires an alteration of ward bound- aries to equalize the wards as nearly as possible. Sectio~ 11 is invalid because the equalization lectors" -- - is predicated e _. . 't-ne_ supreme Court of California has -a,~-;~ zatton must be based u~n ~..,,1.~ ...... - -- _~ ~, no[ reststere~ electors. · ~e section requires the City to~d an election on such altera- tions of boundaries. This is unnecessary an.d wasteful because _e.ven_if ~.he.elect.orate turned.down the City's proposal to alter cne ~.oun=artes, the City woul~l stilt be coupolled to alter the b. ound.ar[.es. These ?c.c.,tons sh. ou~d be removed and a section put tn relative to equat[ztn$ war~s as required by law." Section 12 of the City ts the most important sec,ton in the Charter This section sets out the powers of the City. It is the basts' for distinction between a general law city and a charter This sec,ton should not be tmnpered with. Section 17. ~ualifications of Councilmen. This has been declared invalid tn one respect because it r~qutres a councilman to k~. a resident of the City for three years· The courts have declared the residency requ rt~nt~altd. In fact, this charter provision is in conflict with Section 4.16.110 of the Municipal Code which correctly states the residency requirement. Section 17 contains other provisions which are not invalid. The ~ection should be amended. Section 20.1 Election of First Mayor. This is no longer necessary, however, there should be a short paragraph in the Charter pro- riding for the office of Mayor· Section 43 qualifications of Officers and Fmployees. This section is bad for the same reason as Section 17. It purports to require a three-year residency for elective officials. It should be amended to simply read residency requirements shall be estab- lished by ordinance. Section 44 Oath of Office. This oath of office ts in direct conflict with the oath of office required by the California Constitution which is the oath of office required of all public officials and employees in the state. This section should be removed. Section 47 Day of Rest Each Week. This section which provides that no emplOyee shall be required to work more than six days a w~ek is archaic and unnecessary. The City's ordinances govern working conditions. Article VI E_lections. Provisions respecting elections would be more properly administered by ordinance since changes in law occur regularly and thus make charter provisions invalid or tnopera- t £ve. Section 109. This section places the power of ftxtng rates for public utilities in the Railroad Commission. Not only is there no longer a Railroad Co~m~lssion (it is now the Public Utilities Cou-~ission), but that power is one which we couldn't control anyway. The sec- lion is not necessary and only causes confusion. It should be deleted. Section 113.9. This section merely states that Section 109 is not applicable to public transportation. This section is not only unnecessary but compounds the confusion created by Section 109. Section 113.10. This section provides for the issuance of bonds for public transportation. Since the City ts no longer in the transit business, it should be deleted. Section 142. Hours and Minimum WaRes. This section has been s,,oer- seded by state law making it inapplicable; it should be deleted from the Charter. Section 143--Same as Section 142. Section 144 Employment of Citizens of Bakersfield. This section requires laborers, etc. on public works projects to be qualified electors of the City and married men given preference over unmarried men. This section contravenes so many laws that it is not necessary to discuss them. The section is invalid and should be removed. Article XI Public Schools. The City has no authority relative to cit7 schools and this entire article should be removed from tbs Charter. The last remaining articles in the Charter concern the three Civil Service Conx, issions. While any changes in their structure is policy, there are provisions within each article which could stand a review. Respectfully submitted, Kenneth W. HoaglaWnd City Attorney ~ MEMORANDUM _ )~ay 24. 1979 TO Charter aeviev and Advisory _Co~,-lssiou FROM r, enneth W. Hoagtand, C£C7 AtC'°tmey SUBJECT C~t¥ Charter Update ,... As requested by the Advisory Commission on the City Charter, .t:he ~ollowtn8 comments are presented for yc~r consideration: d Ail section references are to the City Charter. Section 2. Boundaries of the City of Bakersfield. These boun aries are old, ar~ha£c and not the boundaries of the~lty. The boundaries of the City should be as they may change from time to time, by ordinance. Section 3, 4, 51'6, 7, 8, 9, 10. Word Division. These descriptions are inaccurate, unnecessary, and in fact, l~valid b of S,,preme Court decisions ,, ....... ecause relative to onu man, one vo~e" cent A~ll ~o.rd boundaries should be by ordin&nco o^ ~-- .--- _ apt. £,om time to time without..a vote to change the descripYtlony. e a~tered Section 11.1 (e), (b), (c). California Supreme tour decisions have made thes .... .,___ . .... c are definite uideline - o~ona znoperac~ve and invalid. There g a set forth by the Suprem~ Court for e districts or wards. Furtherm~ ---- ...... qu~lizing , ,, ------, ~u~a equalization mst be by Population and not registered voters. The equ~llzation s · dome] by ordinance since it is a mandated requirement, hould be Section 12. This section is the ~ost important section of the City Charter. This is what distinguishes a charter city from a 8en~ ral law city. This section should not be revised. Section 13. No comment. Section It. No comment, Section 1~. No comment, except redundant as to the Council fir~,t to tak~ office. Section 16. This section was put in in 1964 and appears to be ~rking rather wall. ~ecciou 17, This section has been declared invalid in ocher Ireao by the courco, lc reqdires · Chrae-yeir residency for · Charter Reviev 'and Advisory Com~taalon lily 26, 1979 Page 2 --~. .~.~ ?u~.nances on eleccLons nov read a ~es~enc ot the City and of c~ ..... ~ __. _ ~.~.~-~&~e in. La Cb CfM uomina~i~ paHrs are issued. $ecct~ 18. No co~n~. Section 19. The first sentence should be re~rded, and since ~he Co~cil nov ue~s ~ Vednesda the . ' ,, - . · . Y, ~rdi~ should be, ~ the seconG regular ~e~in8 followt a erie ,, ~ 8 ral ~icipal elect Section 20 (f). ~is 8ubseccl~ is invalid (residency re~lreMnc of three years). Sec~l~ 20.1. Uec~lon o~ First ~yor. No l~ger uecessa~; h~ver, there 8h~ld be a sentence p~ovidl~ ~r office of ~yor. SecCi~ 20;1 (b). hvllid Is violacl~ of Bro~ Ac~, clll~ fo~ secret ballot of ~cil. SecCi~ 21. SecCl~ 22. Ho c~uc. Section i3. Pleass no~e CM~ an eMr8anc ord~a e~cced by a c~-Chirds v~-- -~ --- ---- ~?s,.tc_~s possible co e~cc an emro ...... ~-- _ _~. ~ o~er ~zz ~Ly z~r ~a~e~s are present), ~C iC Ca~i Ee&ulac ocd~ance. (See SecCt~ 2~.) ~cCton 2h. ~o c~nc. Section 33. ~o co--nC. ~cci~ 33. ~, 33.3. O~f-SCreec Vehicular Parktn~. necesstCy Co c~n&e C~8e eecCi~l. ~cci~ ~. No co--nC. . . SecCl~ 35. Ho c~nc. bcci~ 36. ~o co--nc. hcCt~ 37. Ho co--nC. Ch~£ter l~eviev and Advisor7 Comnissiou ' Hay 21, 1979 Section 38.. Ho count. , S~ctton 39. Ho comment Section 10... I~o co==~nt. ':'-- Sect~ ~0~. ~'o c~nc. $ecti~ il. Ho c~nt. ~cti~ ~2. Ho c~nt. Section 13. ~is secti~ needs revisi~ re~Lr~nt of three ~ . ~ since the ~valid. years ~ the City renders the entire Sectl~ ~. Oath of O~ice. ~is sectt t~ C~stituti~ of the%-~ ....... ~ is in conflict ~stLtuti~ provides the co~ect oath o~ office. ' Secti~ 15..'. ~obably ~necessa;y, since t~ C~ty b~ds for all officers and employees re~ired to be bonded. Sectl~ 17. ~ecess~W"Cit~ ord~s c~ers ~rk~ . difficult. Secti~ 17.1. Ho c~t, except ~s ~ C~ p;otr~ ~ticle V. Finance and Ta~ti~. T~ Fi~e ~part~nt rill speak to th~s art~le. ~ticle VI. EleCtions. Pr~si~a r ~eccL~ ~08. go ~ ~s n~ ~troad C~isst~, ~vtno be .......... uczll~l ~lms/~ Lc ~ -- .ucce~aea b7 fha , ~ h ~s ~r co se Lc Cl:dz~t:er P, eviev and Advisory CoamAoal,:,u l<u7 24, 1.979 Page & Section 1.1.3,9. Unnecessary and should t~ deleted. S~.ccion 113.10. Unnecessa~ and should be deleted. ~cct~ 116-130. ~ese s~ctons ~re revised tn 196~ after cageful 8c~ctny, and should re,in as ts. ~cCi~ 131. Ho corr. ~lcle X. ~ese secci~s rill be co--need up~ by cbe ~blic ~o~ ~Cicle XI. The Cloy has no authority or Jurisdiction ove~ the opera~[~ of public ach~ls. ~s entire article should be re~ved. ~[cle XII. T~se secc~ ehould r~ln. ~C~vil Se~lce ~'~tsim~ Fire Police ~scellaneous . c~k a tennetl~ w. Ho~l~ K3fll:Js MEMORANDUM - September_~O 19_~_!~~ 'TO FROM---.-__P,/CRA~.D 3. OR£RHO_rJ, ER. CITY A~i~.~ SU~ECT~ I~VlSION OF C,~t~RTER PROVISIONS Article l. t;ame of Boundaries Boundaries of the Cit of Bakersfield Section 2. The boundaries of the City of Bakersfield shall be as established from time to time by Ordinance. Reason for change: The boundaries described in the Charter are outdated, archaic and no longer the boundaries of the City Since the 'boundaries change from time to time, they should be established by ordinance. · Article II. Political Subdivision ~ard Divisions S_ection 3. The City of Bakersfield shall be divided into seven political su~divisions which shall be known as wards and shall be established by ordinance and altered from time to time, to reflect as nearly aa_possible equal population. Repeal Sections 4, 5, 6, 7, 8, 9 & 10. . Reason for change~ ,"he S , .~e ma~,.one.vote, concept invalidupreme Cour} ~ecisioBs relative ~g ware Uounaaries. Wa-a - .... =__.ate the Current rovi _ to clone. 111 ...~ ._ _ -~- ouu-uarzes mus be P._ siena, establish. - -..u o~unoarles shall b ~ based upon equal u is necesaar · establis pop la 1,,.~ .... ,__~ to alter them fro~ time t ,,.. hed ~ ordigan~e since it f--~-u-~zuns. 0 --,,,v due to populatlon A~lterin~] Ward Boundaries Section 11.1. In addition to the methods provided by Skate Law for alteration of--city wards upon anne city or othorwlse~ the Council s~.l~ ._ _xa..tion of territory to the .... .~ oy oralnance, from time to time alter the boundaries of the respective wards in order that each ward shall contain, as nearly as possible, equal population therein, based " upon the latest federal decennial census. The Council may,'by ordinance, from time to time alter the boundaries of the respective wards in order that each ward shall contain, as nearly as possible, equal popu- lation therein, based upon the federal mia-decade census. Reason for change: The Supreme Court has determined that the appropriate criteria for establishing voting boundaries is based upon the population rather than the number of 'qualified registered electors' within the voting boundaries. This change provides for mandatory alteration of the ward boundaries every ten years, and permissive ward..boundary alteration every five years. This makes the Charter consistent with California law. Article llIo Legislative Department ,Term of. Office Section 15. Councilmen shall be elected for a term of four years and Shall serve until their successors are elected or appo£nted and have qualified. · Reason for change l This amendment deletes the ~elatin~ to the te~s of the first Council to take o~fice. ~alifications of Councilmen Section 17. He~bers of the Council, and candidates ther~f, shall be residents of the City and of the ~ard vhich they represent, or seek to represent, and qualified electors at the time nomination ~rs are issued. Councilmembers shall not hold any other public office incompatible ~lth their duties and shall not be interested in an~ ~ntract, Job, ~rk or se~ice of the municipality as such interest is or ~y be defined ~ California State la~. No member of the Council shall, except In ~ far as necessa~ in the ~rfo~ance of the duties of his office, directly or i~irec.ly take any part in the ap~in~ent, pr~tion or dismissal of any officer or employee in the service of the City, other than the officers or employees of the Council. Reason for chanqe~ ~rtions of the Charter provision relating to qualifications are unconstitutional. ~e current Charter provision requires a three-year residency for ~rsons to becks eligible for election as CoUncilmembers. ~e courts have said the residen~ r~ui~e- · ent Is unconstitutional. ~is revision ~kes the Charter consistent with the present 'election ordinance and State law. lieetings of the Council Section 19. On the second regular meeting following a general municipal ~lection,-the newly elected and qualified councilmembers shall assume the duties of their office. Thereafter, the Council shall meet at such times as may be prescribed by ordinance or resolution. An four Councilmembers or the ~a~or m ..... ~- ----, ...... Y j ,~ ~a,~ ~pec,a~ meetings o~ the Council upon notice to each member. Such notice shall state the subjects to be considered at the meeting, and no other subjects shall be there con- sidered. ~11 meetings of the Council shall be public except those meetings exempted by law from being open to the public, and any citizen shall have access to the minutes and records thereof at all reasonable The Council shall determine its own rules and order of business, appoint its o~n coeu~ittees, and shall keep a ~inute book of its pro- ceedings. l~eason for change= The first sentence was re~orded to remove the day and ti~e on which the Council holds its regular meetings since that is nov set by ordinance, The provisions relating to special meetings' were revised to permit the Nayor to call a special meeting. This brings the Charter into compliance with the Brown ~ct0 Government Co~e Section 54956, Ha¥or and Vice-~a¥or or-Council Section 201f~o The Hayor shall be a resident of the~City and a qualifie~ elector at the time nomination papers are issued. Ia all other respects, his qualifications shall be as set forth in Section 17 of this Charter. _ Reason for change= The three-year residency requirement has been determined by the Supreme Court to be unconstitutional and there- fore has been removed. Election of First ~ayor_ Section 20.1. Repeal. Reason for change= This section is no longer necessary. Oualifications of Officers and EmploYee~- Section 43. Cxcept as otherwise specified in this Charter the qualif'ications~f officers and employees of the City shall be as' follows= ~ach elective officer must be a citizen of the United States of the State of California~ and of the City og Bakersfield. Residence' ~eithin the limits of any territory which has been or may hereafter be- come annexed to the City of Bakersfield, shall, after any such annexation has been accomplished, be deemed and construed to have been within the City. Appointive officers, police offic o.r commission authori _ . ers and all aerobe - ci,izen, of the Unitelelt~..thl_s_?_h_?r.'e_, and the City CounrcS,? _a.n._y.b.oar~ ........ ~a,~ence r uir f the City at the th~ Cit sba1 eq em?nfs .~or all other offic--- --~ _tim? of appoint- 1 -- empAoyees of Y be established ~y the City Council. ° Reason for change: The three-year residency requirement~ an unconstitutional provtsion~ has been removed. The U, S. Supreme Court has also ruled that elected officials~ peace officers and executive officers who participate directly in the formulation, execution or review of broad public policy may be r r ,.,..,,~=~ empAOyees. Oath of Office .Section ~4. Repeal, Reason for change~ This section has been pre-empted by Constitution of the State of California which requires a specific the of office and allows no other, oath R__estrictions Upon Office~= Section 46, Repeal, Reason for changes Present section is redundant with State law and not a necessary provision o~ the Charter. Day of Rest Each ~ee.~ Section 47. Repeal. Reason for changes Workin co n~ber of da s g nditions t If , are set by ordinance and , i.n_cluding.hours and he Charter. unnecessary to be included in Article V. Finance and Taxation _Board of Fxlualization ... Section 54. ~he Council shall meet on the August of ~ach year; at ten o'clock · .... f_lrat ~onda in sit as a Board of ~,..--~ ..... ~n one torenoon o' --,~ - If . ~'~UQAAI~[ClOn~and shall - --AO cay, and ~l!a_s?,,{!ve days. They shall have ~wer --c~°-n-~!nu-e i.n s.e.ssion for at vT.m_oozzy any a. asesament or cancel'~n, a2.~.~..=' complaints and_to corre vioed that notice shal~ ~--._ _ ~ -o-oo,,ent ill--al· ...... ct raised. ~hen the ass--'--~-v-~-~-ven to t. he. party whose a~e '~ m,oe, pro-_ I ~men~a are mane b ssment is to be .. · tot of said county for.and on behalf of the CityCotld Bakersfield, the said County Board of Supervisors shall .Board of F~qualization with all the we sit on the enumerated for suc~ ~--~ ...... ~ r and duties ~.-~-~_- establish. .. ~=-~ ,no s~a~l meet at such tim~''~e~°re khe~ la~fully Reason for change~ ~is am ~th_th~ o~dinance adO~te~ ~u~ua~- .~n~ent ~ake~ the Cha~te~ ~v o~ the Cha~te~. ~ ,,~ ~v the a~tho~it~ 9~anted b~ S~~stent t ~on ~it o~ ~ax ~ Section S~. Re~al. Reason fo~ change~ ~o s~t . Constitution est.~,_., __ ~. ion 13 amended of tax on a -o-~an~ng ~he constitukional ~he California 11 real pro~rty wikhin the Cl~y. limitation for ~he rate Article VII. Elections Condition of Candidacl~ Section 68. The candidate, not later than the first tthl~rt~°datvhse~._h,is Petition of nomination, a~. ..... presenta- , ,c aucn presentation · ,,,., ~zuc ear~ler declaration of his ~--J,J- - _, shall file wi+~ *~- ~,- hah ~.... ....... ~o-u,uacy, In a form o~,,,-~ .'" '"~ ~qf Clerk Council, in a fo,-- ,- -'---' '~v v~ance has been a Y na e_a~?pted -- .. a~coroance with dopted by the,~lt C~e of the State o the provision Y f ~alilornia ~rtainin- -- ~.-. ~ o~ the ~ .v ~unlclpal Elections. Reason for chanqe~ ~e California ~lections ~ode s~cifies the appropriate fo~s, which chanoe from time to time. Section 69. ~e ~tition for nomination ~.t~an.}~e nor more than f ,+ .. shall Consist of an~zl ~e in a ~o~ s~cified b i.~y lndt~idual certifica no~ or, if no ordinance ~-- ~--- ~ o~d~nance adopted by ,~- ~,.. }es, which accordance with +~- ~_~n aao~ed by the Cit ~ '"- '-- ~-uvz,zon, o, the ~lection,Yc~en~il~hlns;ai~fin ~alifornia ~rtainin9 to ~unicipal ~lections. Reason for chanqe~ ~e ~alifornia ~lections Code s~cilles the a~ro~iate fo~{, which chanqe from time to t~e. " · Article IX. Public Utilities .Control and Fixtn~ of Rates_ .Section 10g. Repeal. Reason for changes The present section is not nece Th.e Pub_lic Utilities .Commission has the r~wer a-~ -.--- ..... ssary. rates tot public utilities under its Jurisdiction. The Railr mission no longer exists for such purposes, oad Com- Sections 1lot Applicabl~ _Section 113.9. Repeal. Reason for changes Section 10g ia being deleted. The City neither ovns nor Operates a public transportation facility. .Bonded Indebtedness ,Section 113.10. Repeal. · Reason for change~ This section simply states that tie City may follov the provisions of State law for incurrin bo ~.or certain purposes. If the S _ g . haled_indebtedness _ _ _ . . . tats law authorizes such action, there zs no need to include it in the Charter. Article X. Public l~ork and Supplies .ltours and ~inimua l~a~es_ .Section 142. Repeal. Reason for change~ Limitations on hours of employment, certain conditions of employment ar.t minimum wages are set by ordinance, state and £ederal law. The Charter provision establishing a minimum' ~age of $3.00 per day has been Pre-empted by federal and state law. _l~plolment of Citizens o£ Bakermfiel,' Section 144. Repeal. Reason for 'change~ The present section is discriminatory and unconstitutional. Article XI. Public Schools Repeal entire Article, Reason for change: The City has no jurisdiction over the public schools. Respectfully submitted City Attorney CITY ATTORNEy Measuxe B removes surplus language from the Charter relating to the first City Council and ~ayor to take office. It also removes the unconstitutional three-year residency requirement for candidates for City Council and ~ayor. Neasure B provides that candidates must be residents o£ the ward at the time nomination papers axe issued. Other qualifications remain the same as in the p.~sent · Charter. Neasure B revises the date upon vhich newly elected counciimembere take office from the second ~onday following the election to the second reqular meeting relieving the election, since meetinq dates are now set by ordinance and can vary from time to time. Neasure B revises the provisions relating to calling of special meetings to permit the ~ayor to call a special aeeting. This revision makes the Charter consistent with California law. ~easu~e B also removes from the Charter unconstitutional provisions requiring all employees to be citizens of the United States. lteasure B provides the United 8tamcitizenship rill continue to be required for police of£icers and appointive officers. ~berholzer City Attorney IS-II RESOLUTION NO. 17-81 · RESOLUTION O? TH~ COUNCIl, OF THE CITY OF BAKE.'.SFIELD DECk, RING THE RESULTS OF CANVASS OF RETU.~S OF THE GENERAL MUNICIPAL ELECTION FOR THE OFFICE OF COUNCI~.~AN IN TIlE FIRST, THIRD, FOURTH AND SEVENTH WARDS IN THE CITY OF BAKERSFIELD kND THE SPECIAL MUNICIPAL ELECTION FOR MEASURES "A" THROUGH "I," HELD ON THE 3d [~Y OF MARCt{, 1981. THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA DOES KESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby find, deter- mine, and declare as follows: a. That pursuant to applicable law, a General Municipal Election was held in the City of Bakersfield on the ]d day of March, 1981, for the purpose of electing a Coucilman in the First, Third, Fourth and Seventh Wards; and b. That said election was held and conducted in conformity with all applicable provisions of law; and :. That pursuant to direction of the City Council, the County Clerk of the County of Kern has heretofore conducted a can- vass of the results thereof and has filed with said City Council a certificate relating thereto which has been examined and is hereby accepted by this City Council; and d. That the City Council does hereby accept the canvass of record of said election as certified by said County Clerk and does hereby resolve, determine, and declare the results of said General Municipal Election as follows: WARD 1: Vernon David Strong 758 Larry Wandick WA.RD 3: Arthur L. 'Art' Rockoff 943 Robert "Rob" Miller G. Tony Ramirez 230 Den)~min David Ph!pps 644 Jack J. Duncan 339 Henry Lee Crisp Pobinson 50 WARD 7: James J. Barton 591 Mary Ann Rohde 231 e. That the City Council does hereby declare the following persons to be elected to the office of City Councilman for a full term of four years, as follows: ~{ARD 1: VERNON DAVID STRONG WARD______~3: ARTHUR L. "ART" ROCKOFF WARD 4: DON ~ITTY WARD 7: JAMES J. BARTON SECTION 2: That the City Council does hereby find, deter- mine, and declare as follows: a. That pursuant to applicable law, a Special Municipal , Election was held and conducted in said City on the 3d day of March, 1981: and b. That said clection was held and conducted in conformity with all applicable provisions of law: and c. That said Special Municipal Election was held for the purpose of submitting to the voters of said City the following pro- posed amendments to the Charter of the City of Bakersfield: MEASURE Whether Sections 2, 3, and ll.1 of the City Charter should be amended and Sections 4 through 11 be repealed tO remove outdated boundary descrip- tions of tho seven wards of the City and provide for establishment of such ward boundaries by ordinance, consistent with the Constitution and California law? Whether Sections 15, 17, 19, 20(f) and 43 of the City Charter should be amended and Section 20.1 repealed, deleting thc surplusage relating to tke terms of the first City Council and Mayor to take office; to eliminate the unconstitutional residency requirement for election of Council members and Mayor; to provide for meetings of the Council at times set by ordinance; to add the Mayor as an officer empowered to call special meetings of the Council and to make U. S. citizen- ship eligibility requirements for City officers and employees cdnsistent with the Constitution? MEASURE "C" Whether Sections 44, 46 and 47 Of the City Charter should be repealed, deleting the oath of office which differs from the soecific oath required by the California Constitution; deleting the unnecessary provision regarding applicability of certain state statutes to officers of the City and deleting a provision relating to hours of work otherwise fully covered by law? MEASURE "D" Whether Sections 54 and 56 of the City Charter should be repealed to make the annual equalization of real property assessments con- sistent with present law and practice under which the City transferred to the County of Kern the Council's duty to sit as a Board of Equalization and to make the authority of the Council to make a tax levy consistent with the constitutional amendment accomplished by Proposition 137 MEASURE %{berber Sections 68 and 69 of the City Charter should be amended to provide for declaration of candidacy and petition for nomination for elective office on forms specified by ordinance or the State Elections Code, thus deleting wordy forms contained in the Charter? MEASURE ~hether S~ctions 109, ~1~.9 and 113.10 of the "fry Charter should be repe~led to remove unnecessary provisions relatin9 to the jurisdiction of the Public Utilities Commission and to incurring of bonded indebtedness, subjects covered by state law? 5tEAS U RE "G" ;¢hether Sections 142 and 144 of the City Charter should be repealed to eliminate provisions for minimum wages, limiting hours and conditions of emplos~ent for City employees, which have keen pre-empted by federal and state law? ME~SU~E "H- Whether Article X! of the City Charter should be repealed to remove obsolete provisions pertain- ing to the control and management by a City Board of Education over public schools in'the Bakersfield School District, which are no longer under the jurisdiction of the City. MEASURE Whether Sections (183)1 through (242)22 of the City Charter should be repealed and amended by adoption of a new Article XIII, to eliminate the separate, existing civil service commissions and Provisions for civil service for the City Fire Department, Miscellaneous Departments and Police Department and to provide in lieu thereof for the creation of a single civil service com- mission and provisions for civil service for all officers and employees of the City of Bakersfield excepting elective officers, the ~ity Manager and members of boards, committees and commissions? d. That pursuant to direction of the City Council, the County Clerk of the County of Kern has heretofore conducted a can- vass of the results thereof and has filed with said City Council a certificate relating thereto which has been examined and i~ hereby accep{ed by this City Council. e. That the Statement of Election Resu]ts relating said special election is attached hereto as Exhibit 'A," and by this reference incorperat~d herein. f. That the City Council does hereby accept the canvass of record of said Special Municipal Election as certified by said County Clerk and does hereby declare the results of said Special Municipal Election to be as follows: MEASURES: FOR: AGAINST: MEASURE "D" 5,321 2,502 MF~XSUR£ "C" 5,300 2,456 MFs\SURE "D" 5,251 2,474 MEASUKE "£" 5,877 1,780 MEASURE "F" 5,476 2,I27 MEASUR£ "G" 5,392 2,289 :'IEASUI~Z "H" 5,842 i. $ 39 MEASURE 3,277 4,695 .SECTION 3: That the City Clerk shall certify the adoption of this resolution. .......... o0o .......... I HEREBY CERTIfy that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield a: a regular meeting :hereof held on the llth day of March, 1981, by %he following vote: /S,' Philip Kelmar CITY CLERK and Ex Officio Clerk of th~ Council of the City of Bakersfield APPROVED this llth day of March, 1981 ./S/ Mary K. Shell MAYOR of the City of Bakersfield - APPROVED as to form: ,"¢/ Richard J. Oberho:zer ~JllNEY of the Cit7 nf Bakersfield STATE OF CALIFOR~UL } ~tv of ~ 't~".~dn~'t~e~tt~4~nnl Ree_.___oolutton ~. 17-81 Passed and ad--the ~uncil of the~ of Bakersfield at a regular meetin~ thereof held the llth day of March~ 1981. IWuL TO, Cn'¥ o. om~ ~ ~z. 5377 ~r a~ ~ 0 5 3 8 ~ I ~ "2; ...... 1501 TRU× ;U;: AV~'NUE BAKERSFIELD, CALIFORNIA 98~j :... ENDOF~SED " .... r,.." F I L E D ~ ~s'--.~c~..~.-'- CERTZFICA?iON AND AUTH£N?ZCA?ION By x^yoR ~.o c~R~ or czty cou.czc ~89~3 8 Ne. the undersigned, ~ayor ~ary K. SheJ! and Ex Officio Clerk of the Counci! o~ the City of Bakersfield, Philip ~elmar, do hereby certify that the follo~ing amendments and repeals to the Charter of the City of Bakersfield, State of California, ~ere submitted to the electors of the City of Bakersfield at a Special ~unicipa! Election called for that purpose, ~hich election ~as consolidated ~lth the Genera! Hunlclpal Election for the office of CouncllJan in the ~lrst, Tl~lrd. ~ourth and Seventh Nards, and held on ~uesday, the 3rd day of Hatch, 1981~ at vhich election HeasureB -A., "B"~ "C"~ "D"~ "E", .pe, "G" ~nd "H" ~ere ratified. T~e compleLe texts of the amended and repealed sections of the Charter ratified b~ the electors at the Special Hunicipal Election are as follows: ~easure "k" - Boundaries of Cit of Baker,field Section 2. The boundaries of the City of Bakersfield shall be as established fro~ time to time by ordinance. ~acd Divisions Section 3. The City of Bakersfield shall be divided into seven political subdivisions ~hich shall be knovn as yards and sba1! be established by ordinance and altered from time to time to reflect as nearly as POssible equal population. Sections 4 through 10 of the City Charter, describing each of the seven yards ~ere repealed~ being replaced by ordinance: First ~ard Section 4. All that Portion of the City of Bakersfield lying East of the center line of Baker Street. Second ~'ard Section $. All that portion of the City of Baket's[ield lying :Jest of the center line of Baker Street and East of the East line of Union Avenue. Third Ward Section 6. All that portion of the City of Bakersfield lying West of the East line of Union Avenue, East of the center line of Chester Avenue, North of the center line of Truxtun Avenue. Fourth Ward Section ?. All that Portion of the City of Bakersfield lying West of the center line of Chester Avenue and North of the center line of 18th Street. Fifth Ward Section. 8. All that portion of the City of Bakersfield lyin9 West of the center line of Chester Avenue, South of the center line of 18th Street, North of the center lines of Chester Lane, Forrest Street and 18th Street. ~ixth Ward Section 9. All that POrtion of the City of Bakersfield lying South of the center lines of Chester Lane, rorrest Street and lSth Street, west of the center line of Chester Avenue; and all that portion of the City known as the Virginia tract. Seventh Ward Section 10. A11 that portion o! the City of Bakersfield lying Wear o[ the East line of Union Avenue, East of the center line o! Cheater Avenue, SOuth of the center line of Truxtun Avenue, North of the South line of Srundage Way. Alterinq ~ard ~oundarie~ Section ll.l In addition to the aetheds provided by State law for alteration of City wards upon annexation of territory to the City or other~ise, the Council shall, by ordinance° frc~ time to time alter the boundaries of the respective wards in order that each ward shall contain, as nearly as possible, equal population therein, based upon the latest Federal decennial census. The Council may, by ordinance, from time to time alter the boundaries of the respective wards in order that each ward shall contain, as nearly as possible, equal population therein, based upon the federal mid-decade census. ~easure tn° ?erm o~ Office Section 15. Councilmen shall be eZected for a term of four years and shalZ serve until their su¢ce'ssors are elected appointed and have qualified. /'- ~uali~ications o~ ¢ounci--~m-~~ '~/' Section 17. Members ot the Council and canaidates~~ ..' thereof shall be residents of the City and of the ward which · ~ they represent or seek to represent and qualified electors at ~-~-u~-uu~_~:he~ o~'lce incompatible with their duties and shall not be interested tn any contract, }ob, work or service o! the municipality as such interest is or may be defined by California state la~. No member of the Council shall, e=cept insofar as necessary in the ~erformance of the duties of his o[fice~ directly or indirectly take any part in the appointment, proeotion or dismissal of any of Eicer or employee in the service of the City, other than officers or eeployees of the Council. ~eettngs of the Council Section 1~. On the second regular ~eettng following the Genet&l ~unicipal Election, the ne~ly elected a~d qualified Council ~embers shall assume the duties of their of[ice. Any four Council members or the Mayor may call special meetings of the Council upon notice to each member. Such notice shall state the st;b~cts to be considered at tee meeting, and hO.Other sub~ects shall be there considered. ~11 meetings of the Council shall be public except those meetings exempted by law fro~ being open to the public, and any citizen shall have access to the minutes and records thereof at all reasonable times. The Council shall determine tis own rules and order of business, appoint its own committ~es and shall keep a minute book of tis proceedings. ~ayor and Vice-Mayor of Council Section 20{f). The Mayor shall be a resident of the City and a qualified elector at the time nomination ~apers are issued. In all other respects, his qualifications shall be as set forth in Section 17 of this Charter. Section 20.1 of the Charter is repealed: £1ectton of First Mayo~ Section 20.1. (a) Concurrently with these amendments to the charter, there shall be submitted to the electors of the City the names of the candidates [or the office of Mayor to be first elected, in conjunction w:th and pursuant to .said charter amendments, and his qualifications and mode of nomination and election shall be as provided in Section 20 of the charter as amended, and said Mayor first elected shall qualify and thereafter assume the duties of his office on the first Monday following the filing with the Secretary of State of the approval of said amendments by the State Legislature, and said Mayor shall hold office until the first Monday after the first day of January, 1951, and until his successor is elected and qualified, unless sooner removed from office by recall or othe~ise. (b) In the event the first Mayor is not elected as set forth in this section, the Council shall call a special election to be held within ninety days from and after the ftlln9 w~th the Secretary of State of the approval of said amendments by the State Legislature, for the purpose of f~lling the office of Mayor for the term ending the first Monday after the first day of January, 1961, in which event, all of the provisions of Article VII of this charter, exceptin9 Sections 65, 67 and 84, shall apply. The candidate who has received the highest number of votes for such office at said Special election, shall be declared elected for said first term and shall qualify and assume the duties of his office on the first Monday following said declaration. In case any two or more persons have an equal and highest number of votes for the office of Mayor, the Council shall, within thirty days, at a special meeting cal'led for such purpose, choose one of such persons to fill the said office by secret ballot by the majority of all the members of the Council. Oualifications of Officers and £~ Section 43. Except as otherwise specified in this Charter, the qualifications of officers and employees of the City shall be as follows~ Each elective officer must be a citizen of the United States, of the State of California and of the City of Bakersfield. Residence within the limits of any territory which has been or may hereafter become annexed to the City of Bakersfield shall, after any such annexation has been accomplished, be deemed and construed to have been within the City. Appointive officers, police officers and all members of any board or com- mission authorized by this Charter and the City Council must be citizens of the United States, provided that each member of any board or commission muat also be a resident of the City at the time of appointment. Residence requirements for all other officers and employees of the City shall be as established by the City Council. Measure 'C° Sections 44, 46 and 47 of the Charter are repealed: Oath of Office Section 44. Every officer of the City before entering upon the duties of his office shall take the following oath of office and file the same with the Clerk: ! solemnly swear or affirm that ! will support the Constitution of the United States, the Constitution of the State of California, and the Charter and Ordinances of the City of Bakersfield, and will truly and to the best of my ability perform the duties of the office of { Signed } Subscribed and sworn to helots me this day of , 19 . Restrictions U~on Officers Section 46. The pr~.,isions o[ the State law contained in Title 1, Oivision 4, Article 4 of thc r~vernment Code of the State of California shall be applicable to officers of the City. Day of Rest £ach Week Section 47. No employee or police officer shall be required to render services for which he ts employed or appointed for more than six days in any week, except in times of stress or emetgencyl and when it would not result tn the impairment of the service in which he Lb engaged, Sunday shall be preferred as the day o! teat. Measure "D" Sections 54 and 56 oE the Charter are repealed: B~oard o[ E~ualization Section 54. ?he Council shal! meet on the first Monday in August in each year, at ten o'clock in the forenoon o~ said day, and sit as a Board of Equalization, and shall continue in session for at least five days. ?hey shall have pOwer to hear complaints and to correct or modify any assessment or cancel any assessment illegally made, provided that notice shall be given to the party whose assessment is to be raised. ~tmit oe Tax ~ev~_ Section 56. The tax levy authorized by the Council to meet the municipal expenses for each fiscal year shall not exceed (except as herein provided) the rate of one dollar on each ~undred dollars of the assessed value of all real and personal property within the City. Measure ~ondLtLon of Candidacy_ Section 68. The candidate, not later than the presentation to the clerk of his Petition o~ nomination, and not earlier than thirty days before such presentation, shall file with the City Clerk a declaration of his candidacy, tn a specified by ordinance adopted ~y the City Council or, if no ordinance has been adopted, in accordance with the Provisions the Elections Code of the State of California Pertaining to ~unicipal Elections. r__or~ of Nomination Petitio.. Section $9. ?he Petition for nomination shall consist of not less t~n twenty-fl~e ~or more than fifty individual certificates, which shall be tn a fo~ specified by ordinance adopted by the City Council or, if no Ordinance has been adopted by the City Councll~ in a fora in accordance with the provisions O~ tho Rl0otlona ¢odo of Lho ~tate o~ ~al/~otnia Pertaining to Municipal Elections. Sect£ons 109, 113.9 and 113.10 of the City Charter are repealed: ¢ontro! and ~ixin~ o[ Rate Section 109. The ~ower to control the operation of, and to fix rates to be charged by, public utilities shat[ be in the Railroad Commission of the State o[ Cattfornta, or such co~miss£on or tribunaI as may exercise the ~owers now vested tn the Railroad Commission of CaI[fornia, un[ti the electors shalI, at a spec[a! elect[on, vest said powers in the Council. Sections Hot Applicable Sec[ton 113.9 Section 109 o[ this Charter shat! not be appItcabie to pubIlc transportation [acilit[es owned or operated by the Ct[y0 Bonded %ndebtedness Section 113.10. (a) Se Council may, tn the manner s~ct[[ed in laus-of the State o[ CaIt[ornia applicable thereto~ call and othe~ise provide for elections to authorize the ~ incurrtn~ of bonde~ debt of the Ctty~ lncludin~ qenera[ obliqation bonds, /or the put.se o[ acquirin~ constructtn~ estab[tshin~ extendin~ or i~provin~ public trans~rtation facilities o~n~ o~ operated or to be o~ned or o~ated by the City, and the provisions o[ Sections [[0~ 111~ and 11l :,hall not be applicable thereto. Any such election held concurrently uith the submission to the electors ot the Charte~ A~end~ent o[ uhich this section is a part aha11 be conclusively deeaed to have been held In accordance ~[th the then e=iettn~ provtalon~ oi this charter an~ ti the pro~sttion subaitted at such election tot the incurrin~ o[ such debt shall h~ve receiv~ the vote r~ut~ by the Constitution and la~s o[ the State o[ Cal//ornta the bonds authorized at such election shal~ be deeaed valid ~e. (b) The Council may issue and sell any bonds of the City authorized for any of the foregoing purposes and may grant to the Commission the authority to expend on behalf of the City the proceeds from the sale of such bonds for the purposes for which the same were issued. ~easure 'G' Sections 142 and 144 of the Charter are repealed: Hours and Minimum Wa~es Section 142. The time of service of any laborer, work- man, or mechanic employed upon any of the public works of the City, or upon work done for said City, is hereby limited and restricted to eight hours during any one calendar day; and it shall be unlawful for any officer, or agent of said City, or for any contractor or subcontractor doing work under contract upon any public work aforesaid, who employs, or who directs or controls, the work of any laborer, workman or mechanic employed as herein aforesaid, to require or permit such laborer, workman, or mechanic to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood or danger to life or property, or except to work upon any public, military or naval defenses or works in time of war. The minimum wage of any laborer, workman or mechanic, employed upon any public work, whether so employed directly by the city and its of[icers, or by contractor or subcontractor, or by any other person or persons, shall be three dollars for any one calendar day. ~mployment of Citizens of 8akersiiel,t Section 144. When laborers, ~orkmen or mechanics are employed upon any public work, whether so employed directly by the City and its officers, or by contractor or subcontractor, or by any other person or persons, such laborers, workmen or mechanics whenever possible must be qualified electors of the City, and married men must be 91yen preference over unmarried men. ~e&sure 'H~ Article XI, consistin9 of Sections 145 throu9h 155 of the Charter are repealed{ Article Public Schools M~embershi~ Section 145. The Board of Education shall consist five {5) members. Thereafter members of the Board of Education shall be elected at the election .to be held each odd-numbered year. Members of the Board of Education shall be elected by all qualified recjistered electors of the City of Bakersfield and that portion of the Bakersfield School District outside of said City. Arrangements shall be made so that registered qualified electors reaidin9 within the limits of the Bakersfield School District and without the limits of the City of Bakersfield ~ay vote for such members of the Board o[ Education at such election. Section 146 was repealed on November T~erm of Office Section 147. The members of the Board of Education first elected under this charter shall, at their first meeting, so classify themselves by lot, that two shall serve for two years and three for four years. ~he Board of Education Section 148. The Board of Education shall have control and management of the public schools in the Bakersfield School District in accordance vith the constitution and general laws of the State, and is hereby vested ~lth all the powers and charged with all the duties provided by this charter and by the 9eneral laws of the State for City Boards of Education. ~resident of the Boar~ Section 149. The BOard of Education shall annually elect one of its o~n members to bo President of the board. He may be removed by the affirmative vote of four members. ~_eet in~s Section 150. The Board of Education shall meet at such times as may be designated by resolution of said board. ~uoru~ Section 151. Three members of the board shall constitute a quorum and the affirmative votes of three members shall be necessary to pass any measure, but a less number than three may adjourn from time to time and compel the attendance of absent members in such manner as the board may prescribe. ~ules of Proceedln~ Section 152. The Board of Education may determine the rules of its proceedings. Heetin~s to be Public Section 153. All meetings of the Board of Education shall be public, except as otherwise provide~ in the Government and Education Codes. Section 154 was repealed on April 8, 1941. Record to be Xep~ Section 155. The Board of £ducation shall keep a complete record of its proceedings and the same shall be open to the inspection of the public. Heasure 'I' This eeasure, pertaining to Civil Service, was defeated at the election held March 3, 1981, and consequently not ratified by the electors. We certify under Penalty of perjury that the foregoing is true and correct. I, Philip Relear, £x-Officio Clerk of the Council of the City of Bakersfield, also certify that Hary K. Shell, whose signature is made below, is the duly elected, qualified and acting mayor of the City of Bakersfield. ~53~ ~ 3~2 I. Mary K. Shell Mayor of the City of Bakersfield, · also certify that Philip Kelmar, whose signature is made below, is the duly appointed and actin9 ~x-O~ficio ~le=k of the Council of the City o~ Bakersfield. ~,,cuted ~hiS _24th day Of April "-'~"'~"1981, i" ..-~..<, -.~%...s., ... td · ..' ATTEST: '. ........ " ~ne ~lty of Bakersfield MEMORANDUM February 24, 1995 TO: JUDY SKOUSEN, CITY ATTORNEY FROM: CAROL WILLIAMS, CITY CLERK ' SUBJECT: HISTORY ,OF CITY ORDINANCES - RESIDENCY REQUIREMENTS OF COUNCILMEMBERS Pursuant to your request, the following reflects the history of the Bakersfield Municipal Code from 1972 to the present relative to: City Councilmembers' Residency Requirements. 1. Ordinance No. 2050 was adopted in 1972 adding Section 4.16.110 regarding residency requirements for councilmembers, which reads as follows: "4.16.110 Qualifications of Councilmen. Members of the Council, and candidates therefor, shall be residents of the City for one (1) year and electors of the ward which they represent." 2. Emergency Ordinance No. 2214 was adopted in 1974 amending Section 4.16.110 concerning qualifications for councilman, as follows: "4.16.110 Qualifications of Councilmen. A. Candidates. Candidates for member of the City Council shall have the following qualifications at the time the petition for nomination for such office may first be legally filed: (1) Have resided in the City of Bakersfield for a period of 30 days; and (2) Be electors of the ward which they seek to represent. B. Councilmen. Councilmen shall be residents and electors of the ward they represent." Judy Skousen, City Attorney February 24, 1995 Page 2 3. Emergency Ordinance No. 2256 was adopted in 1965 amending...Section 4.16.110...concerning residency requirements for candidates for office, as follows: "4.16.110 Qualification of Councilmen. A person is not eligible to. hold office as councilman unless he is otherwise qualified, · resides in the ward and both resided in the geographical area making up the ward from which he is elected and was a registered voter of the City at the time nomination papers are issued to the candidate as provided for in Section 22842 of the Elections Code as it may be amended from time to time." 4. Ordinance No. 2376 was adopted in 1977 repealing Chapter 4.16 and substituting a new Chapter 4.16 concerning procedure for General Municipal Election. It states, in part, as follows: "4.16.100 Qualification of Members of Council. A person is not eligible to hold ' office as member of the City Council unless he is otherwise qualified, resides in the ward and both resided in the geographical area making up the ward from which he is elected and was a registered voter of the City at the time nomination papers are issued to the candidate as provided for in Section 22842 of the Elections Code as it may be amended from time to time." 5. In 1981, the Bakersfield Municipal Code was recodified, resulting in changing the numbering of the Elections Chapter from 4.16 to 1.16. The section relating to Qualification of Councilmembers became Section 1.16.410 until Ordinance No. 3326 was adopted in 1990 deleting all but Sections 1.16.010, 1.16.020 and 1.16.030. For your easy reference, enclosed are copies of each of the above- mentioned Ordinances. Judy Skousen, City Attorney February 24, 1995 Page 3 I apologize for the delay in responding to your request, but accuracy in the information I provided was uppermost in my mind. If you have any questions or wish to discuss this matter, please let me know. CW/ndw A:RESIDENCY.ORD Attachments pc: Gail Waiters, Assistant City Manager ORDINANCE NO. 2050 NEW SERIES AN ORDINANCE OF THE COUNCIL OF T}~ CITY OF BAKERSFIELD ADDING SECTIONS 4.06.060 AND 4.16.110 TO TITLE 4 OF THE MUNICIPAL CODE CONCERNING RESIDENCY REQUIREMENTS FOR CERTAIN CITY OFFICERS. WHEREAS, recent Supreme Court decisions.have voided ..~ residency requirements for muncipal officers such as the require- ments stated in Section 17 and Section 20(f) of the Bakersfield City Charter; and WHEREAS, this Council believes that a one (1) year residency requirement is reasonable, provides a rational quali- fication for public office and that such requirement is necessary to the development of informed and knowledgeable candidates for public officers and gives' opportunity to the electorate to be knowledgeable of the candidate and serves a valid and compelling state interest. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 4.06.060 is hereby added to Chapter 4.06 of Title 4 of the Municipal Code of the City of Bakersfield to read as follows: 4.06.060 Qualification of Mayor. The Mayor shall be a resident of the City for one (1) year next preceding his election and an elector therein. SECTION 2. That Section 4.18.110 is hereby added to Chapter 4.18 of Title 4 of the Municipal Code of the City of Bakersfield to read as follows: 4.18.110 ~ualificaticrn of Councilmen. Members of the Council, and candidates therefor, shall be residents of the City for one (1) year and electors of the ward which they represent. SECTION 3. This ordinaace shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 10th day of October __, 1972, by the following vote: Council of the City of Bakersfield 1972. APPROVED: EMERGENCY ORDINANCE NO. 2214 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 4.16.110 OF TITLE 4 OF TH~ MUNICIPAL CODE, CONCERNING QUALIFICATIONS FOR COUNCILMAN. WHEREAS, the 3d District Court of Appeals of California recently declared a one-year requirement of residency for city council candidates in contraventiou of the Fourteenth Amendment of the U. S. Constitution, excessive to the needs of election machinery, ineffectual as an assurance of knowledgeable candidates, and not necessary for achieving a legitimate governmental interest; and WHEREAS, Section 4.16.110 of the Bakersfield Municipal Code presently requires candidates for member of the City Council to be residents of the city for one year; and WHEREAS, the next councilmanic nominating election for the City of Bakersfield will be held on February 25, 1975 and the filing of nominating petitions may be filed on November 27, 1974; and WHEREA$, it is necessary that the present requirement of the Municipal Code, as contained in Sec-ion 4.16.110 thereof, be amended to conform to the constitutional requirements as expressed in the 3d District Court decision, and be effective prior to the time candidates for City Council may file nomination papers for such office, in accordance with Section 24 of the Bakersfield City Charter. NOW THuREFORE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 4.16.110 of Chapter 4.16 of Title 4 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.16.110 9ualifications of Councilmen. A. Candidates. Candidates for member of the City Council shall have the following qualifications at the time the petition for nomination for such office may first be legally filed: (1) Have resided in the City of Bakersfield for a period of 30 days; and (2) Be electors of the ward which they seek to represent. B. Councilmen. Councilmen shall be residents and electors of the ward they represent. SECTION 2. This ordinance is hereby declared to be an emergency ordinance under Section 24 of the Bakersfield City Charter and shall become effective immediately upon passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing emergency ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 18th day of November, 1974, by the following vote: Council of the C~y of Bakersfield APP____ , 1974 APPROVED as to form: EMERGENCY ORDINANCE NO. 2256 NEW SERIES AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 4.06.040, 4.06.060, 4.06.100, 4.10.080, 4.10.110, 4.16.030 AND 4.16.110 OF TITLE 4 OF THE MUNICIPAL CODE, CONCERNING ORDER OF NAMES ON BALLOTS, FILING FEES FOR CANDIDATES FOR OFFICE AND RESIDENCY REQUIREMENTS FOR CANDIDATES FOR OFFICE. WHEREAS, the Supreme Court of California, in the case of Goul_~d vs. Grubb, has recently held that a city charter provision requiring that incumbents' names be placed on the top of election ballots is in violation of the equal protection clause of the U. S. Constitution; and WHERF~S, the Supreme Court of California, in the case of Knoll vs. Davidson has recently held that any law which requires a candidate for public office to pay a filing fee as the exclusive means of securing a place on an election ballot violates the equal protection clause of the U. S. Constitution and that some reasonable alternative means of access to the ballot must be provided; and WHEREAS, in the recent case of Johnson vs. Hamilton the California Supreme Court held unconstitutional any law requiring a candidat~ for local office to be a resident of the jurisdiction for longer than 30 days prior to the ~'ate the candidate files nominating papers; and WHEREAS, provisions of the Municipal Code of the City of Bakersfield require the incumbent's name to be at the top of the ballot at each election, requires a candidate's filing fee with no alternative access to the ballot and requires a candidate for office to be a resident for longer than 30 days; and WHEREAS, this Council, for the immediate preser~,ation of the public health, peace, property or safety, desires to amend sections of the btunicipal Code to conform to the mandates of the California Supreme Court, in order that such amendments will be effective for the 3une 8, 1976, election and the nominating process NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 4.06.040 of Chapter 4.06 of Title 4 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 4.06.040 Time For Presentin~ Petition For Nomination and Declara- tion of Candidacy. A. A petition for nomination for any one candidate for Mayor may be presented to the Clerk not earlier than one hundred twenty- four days, nor later than ninety-nine days before the date of election. The Clerk shall endorse thereon the day, hour and minute when the petition was presented to him and shall not accept any petition after 5 ?. M., on the ninety-ninth day; provided, that if such day is a Saturday, Sunday or other legal holiday, no petition for nomination shall be accepted after 5 P. M., on the preceding business day. B. The candidate, not later than the first presentation to the Clerk of his petition of nomination, and not earlier than thirty days before such presentation, sh~ll f'le with the Clerk a declara- tion of his candidacy, in the form set out in Section 68 of the Bakersfield City Charter. C. All candidates for Mayor shall pay a filing fee of twenty- five dollars to be paid upon the first presentation of the petition of nomination. D. Notwithstanding the provision of subsection C, a candidate may submit, in addition to the required individual certificates, a separate petition containing four signatures of registered voters entitled to vote for the candidate, for each dollar of the filing fee, in lieu of the filing fee. At the time of the first presenta- tion of the petition of nomination, the candidate shall pay any portion of the fee not credited to the candidate by virtue of the separate petition he presents. A candidate may submit the appro- priate number of signatures to cover all or any pro rata portion of the filing fee. E. The separate petition for which credit may be given under subsection D shall be on a form furnished by the City Clerk and shall read substantially as follows: Petition in Lieu of Filing Fee I, the undersigned, certify that I do hereby join in a petition in lieu of filing fee, for the nomination of to be voted for at the forthcoming election, for the office of ; that I believe he is fully qualified for said office, and should be elected thereto; and I further ~certify that I am a qualified elector, and am not a signer of any other petition nominating any candidate for the above-named office. Signature Printed Name Residence Address ,ate of Signing/ F. The City Council reserves the right to waive filing fees for all candidates. SECTION 2. That Section 4.06.060 of Chapter 4.06 of Title 4 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: &.06.060 qualification of Mayor. A person is not eligible to hold office as Mayor unless he is at the time of assuming such office an elector of the City, and was a registered voter of the City at the time nomination papers are issued to the candidate as provided for in Section 22842 of the Elections Code as it may be amended from time to time. SECTION 3. That Section 4.06.100 of Chapter 4.06 of Title 4 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 4.06.100 Order of Names on Ballot. The names of the candidates for the office of Mayor shall be arranged on the ballot in accord- ance with the Secretary of State's drawing of the letters of the alphabet, known as a randomized alphabet, as provided for in Section 10217 of the Elections Code as amended from time to time. SECTION 4. That Section 4.10.080 of Chapter &.10~ef Title 4 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: &.10.080 Time For PresentinK Petition For Nomination~ Filing Fee. A. A petition for nomination consisting of not less than twenty-five nor more than fifty individual certificates may be presented to the Clerk not earlier than ninety days, nor later than sixty days before the date set for the special election. The Clerk shall endorse thereon the day, hour and minute when the petition was presented to him. B. All candidates to fill a vacancy in the office of Council- man shall pay a filing fee of twenty-flve dollars, to be paid upon the first presentation of the petition of nomination. C. Notwithstanding the provision of subsection B, a candidate may submit, in addition to the required individual certificates, a separate petition containing four signatures of registered voters entitled to vote for the candidate for each dollar of the filing fee, in lieu of the filing fee. At the time of the first presenta- tion of the petition of nomination, the candidate shall pay any portion of the fee not credited to the candidate by virtue of the separate petition he presents. A candidate may submit the appro- priate number of signatures to cover all or any pro rata portion of the filing fee. D. The separate petition for which credit may be given under subsect, ion C shall be on a form furnished by the City Clerk and shall read substantially as follows: Petition in Lieu of Filin F~ I, the undersigned, certify that I do hereby join in a petition in lieu of filing fee, for the nomination of to be voted for at the forthcoming election, for the office of ; that I believe he is fully qualified for said office, and should be elected thereto; and I further certify that I am a qualified elector, and am not a signer of any other petition nominating any candidate for the above-named office. ~ Printed Name Residence Address Date of S~ E. The City Council reserves the right to waive filing fees for all candidates. SECTION 5. That Section 4.10.110 of Chapter 4.10 of Title 4 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 4.10.110 Names on Ballot and Order. Whenever anyone has quali- fied as a candidate for a special election his name shall be printed upon the ballot for the primary electicn unless he has died and that fact has been ascertained by the officer charged with the duty of printing the ballot at least 40 days before the day of the elec- tion. The names of the candidates for the office of Councilman shall be arranged on the ballot in accordance with the Secretary of State's drawing of the letters of the alphabet, known as a ran- domized alphabet, as provided in Section 10217.5 of the Elections Code as amended from time to time. SECTION 6. That Section 4.16.030 of Chapter 4.16 of Title 4 of the Municipal Code of the City of Bakersfield is hereby amended to read ~ ~1 1~..,.. 4.16.030 Petition For NominationS. A. A petition for nomination, consisting of not less than twenty-five nor more than fifty individual certificates for any. one candidate, shall be presented to the Clerk not earlier than ninetz~days nor later than sixty days before the nominating elec- tion. The Clerk shall endorse thereon the day, hour and minute when the petition was presented to him. B. All candidates for Councilman shall pay a filing fee of twenty-five dollars to be paid upon the first presentation of the petition of nomination. C. Notwithstanding the provision of subsection B, a candidate may submit, in addition to the required individual certificates, a separate petition containing four signatures of registered voters entitled to vote for the'candidate for each dollar of the filing fee, in lieu of the filing fee. At the time of the first presenta- tion of the petition of nomination, the candidate shall pay any portion of the fee not credited to the candidate by virtue of the separate petition he presents. A candidate may submit the appro- priate number of signatures to cover all or any pro rata portion of the filing fee. D. The separate petition for which credit may be given under subsection C shall be on a form furnished by the City Clerk and shall read substantially as follows: Petition in Lieu of Ftlin~_[~ I, the undersigned, certify that I do hereby join in a petition in lieu of filing fee, for the nomination of to be voted for at the forthcoming election, for the office of ; that I believe he is fully qualified for said office, and should be elected thereto; and I further certify that I am a qualified elector, and am not a signer of any other petition nominating any candidate for the above-named office. Signature Printed Name Residence Address Date of Si n~p~D~ E. The City Council reserves the right to waive filing fees for all candidates. SECTION 7. That Section 4.16~.i10 of Chapter 4.16 of Title 4 of the Municipal Code of the City of Bakersfield is hereby amended to read as follows: 4.16.110 qualification of Councilmen. A person is not eligible to hold office as councilman unless he is otherwise qualified, resides in the ward and both resided in the geographical area making up the ward from which he is elected and was a registered voter of the City at the time nomination papers are issued to the candidate as provided for in Section 22842 of the. Elections Code as it may be amended from time to time. SECTION 8. This ordinance is an emergen~y ordinance under Section 24 of the City Charter and shall become effective immediately. .......... o0o .......... I HEREBY CERTIFY that the foregoing emergency ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 5th day of January__., 1976, by the following vote: Council of the ~ty of Bakersfield 1976 APPROVED as to form: ORDINANCE NO. ~ NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL CODE BY REPEALING CHAPTER 4.16 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 4.16, CONCERNING PROCEDURE FOR GENERAL MUNICIPAL ELECTION. BE IT ORDAINED by the Couocil of the City of 5akersfield as follows: SECTION 1. That the Bakersfield Municipal Code is hereby amended by repealing Chapter 4.16 of Title 4, and substituting in lieu thereof a new Chapter 4.16 to read as follows: Chapter 4.16 PROCEDURE FOR GENERAL MUNICIPAL ELECTION Sections: ~ 4.16.010 Authority for Procedure , 4.16.020 Date of General Municipal Election 4.16.030 Petition For Nomination; Filing Fee; Petition in Lieu of Filing Fee 4 16 040 Examinations of Petitions by City Clerk 4 16 050 Withdrawal of Candidate ?'or Nomination 4 16 060 List of Candidates 4 16 070 City Charter and Elections Code Provisions 4 16 080 Extra Help For Clerk 4 16 09Q Informalities in Election 4 16 100 Qualification of Members of-Council 4.16.010 Authority_For Procedure. This chapter is enacted pur- suant to Section 74 of the City Charter and is supplementary to the provisions of the City Charter. 4.16.020 Date of General PMnicipal Election. A General Mun£ctpal Election for the election of members of the Council shall be held on the first Tuesday after the first Monday in March in each odd-numbered year. The persons having the highest number of votes given for each office shall be elected. The members of the Council elected shall hold office until their successors are elected and qualified. 4.16.030 Petition For Nomtnation~Fetition in Lieu of Filing. (a) A oetition for nomination, cnnc{~t~n, ~f ~ 1~= ~, twenty-five nor more than fifty individual certificates for any one candidate, shall be presented to the City Clerk not earlier than the 108th day nor later than the 78th day before the General Municipal Election. The Clerk shall endorse thereon the day, hour and minute when the petition was presented to him. (b) All candidates for the office of member o~ the Eouncil shall pay a filing fee of twenty-five dollars to be paid upon the first presentation of the petition of nomination. (c) Notwithstanding the provision of subsection (b), a candidate may submit, in addition to the required individual certificates, a separate petition containing four signatures of registered voters entitled to vote for the candidate for each dollar of the filing fee, in lieu of the filing fee. At the time o.~ the first presentation of the petition of nomination, the candidate shall pay any portion of the fee not credited to the candidate by virtue of the separate petition he presents. A candidate may submit the appropriate number of signatures to cover all or any pro rata portion of the filing fee. (d) The separate petition for whi,~h credit may be given under subsection (c) shall be on a form furnished by the City Clerk and shall read substantially as follows: "Petition in Lieu of FiLing Fee'~ "I, the undersigned, certify that I do hereby join in a petition in lieu of filing fee, for the nomination of . to be voted for at the forthcoming election, for the office '' of ·; that I believe he is fully qualified for. said office, and should be elected thereto; and I further certify that I am a qualified elector, and am not a signer of any other petition nominating any candidate for the above-named office. Signature Printed Name Residence Address Date of Signing" (e) The City Council reserves the right to waive filing fees for all candidates. 4.16.040 Examinations of Petitions by City ClerR. When a petition of nomination is presented for filing to the Clerk, he shall forth- with examine the same, and ascertain whether it is sufficient under the provisions of this chapter. Within seven days thereafter he must examine and determine whether or not it is sufficient and shall attach to the petition his certificate, showing the result of the' examination, and forthwith send by mail or deliver, a copy of the certificate to the person seeking a nomination. If the petition is found insuffi- cient, such certificate of the Clerk shall designate each individual certificate found to be defective and the defect therein. If the petition is insufficient, it may be amended or supplemented by the presentation of an additional nominating petition or petitions con- taining additional nominating certificates, not later than the 70th day before the date of the. General Municipal Election. The Clerk shall, within two days after the presentation of such additional nominating petition, make like examination and determination of the amended petition, and attach to it a like certificate and mail or deliver a copy as aforesaid, and if such certificage shows the amended petition to be insufficient, the petition shall be returned to the person seeking a nomination who shall not be eligible for the office at this election. 4.16.050 Withdrawal of Candidate For Nomination. Any person who has filed his declaration of candidacy, as provided in this chapter, may, not later than the 70th day before the day of the General Muni- cipal Election, cause his name to be withdrawn from nomination, by filing with the Clerk an affidavit stating that he so withdraws, and no name so withdrawn shall be printed on the ballot. 4.16.060 L£st of Candidates. Immediately after the petitions for nomination are filed, the City Clerk shall enter the names Of the candidates in a list, with the offices to be filled, whether for a full or unexpired term and the names of the candidates for each, and shall, not later than 68 days before the Municipal General Election, 4.16.070 City Charter and Elections Code Provisions. Except as otherwise provided in this chapter, and the City Charter, elections shall be held an accordance with the provisions of the Electioms Code of the State of California. 4.16.080 Extra Help For Clerk. If necessary, the Council pro- v£des extra help to enable the Clerk to perform his duties, under any election provision of the Charter, state statutes and this chapter. 4.16.090 Informalities in Election. No informalities in conduc- ting elections shall invalidate the same, if they have been conducted fairly and in substantial conformity to the requirements of this Charter and the ordinances relating thereto. 4.16.100 qualification of Members of Council. A person is not eligible to hold office as member of the C£ty Council unless he is otherwise qualified, resides in the ward and both resided in the geographical area making up the ward fron~ which he is elected and was a registered voter of the City at the time nomination papers are issued to the candidate as provided for in Section 22842 of the Elections Code as it may be amended from time to time. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. .......... 000 .......... I HEREBY CERTIFY that the foregoing ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 26th day of October, 1977, by the follow- ing vote: / APPROVED this 26th day crf October 1977 APPROVED as to form: - 'o' !~/'ty~Zo a ers e ORDINANCE NO. 2680 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING THE BAKERSFIELD MUNICIPAL CODE. WHEREAS, the California State Legislature has provided for the codification and publication of the permanent and general ordinances of cities in Sections 50022.1 to 50022.10 of the Government Code; and WHEREAS, the Bcok Publishing Company, Seattle, Washington, has cc~piled, edited and published a codification of the permaaent and general ordinances of the City of Bakersfield, California; and WHEREAS, there have been filed and there are now on file in the office of the City Clerk, for public inspection, three copies of a doc~ent entitled "Bakersfield Municipal Code," together with three copies of each of the secondary codes therein adopted by references. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Pursuant to the provisions of Sections 50022.1 to 50022.8 and 50022.10 of the Goverrr~ent Code, there is hereby adopted the "Bakersfield Municipal Code" as published by Book Publishing Company, Seattle, Washington, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the "Bakersfield Municipal Code." SECTION 2. Title - Citation - Reference This code shall be known as the "Bakersfield Municipal Code," and it shall be sufficient to refer to said code as the "Bakersfield Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Bakersfield Municipal Code." Further reference may be had to the titles, chapters, sections and subsections of the "Bakersfield Municipal Code," and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the code. SECTION 3. Codification Authority This code con§ists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Bakersfield, California, codified pursuant to the pro- visions of Sections 50022.t to 50022.8 and 50022.10 of the Government Code. SECTION 4. Ordinances Passed Prior to Adoption of the Code The last ordinance included in this code was Ordinance 2630, passed February 18, 1981. The following ordinances, passed subsequent to Ordinance 2630, but prior to adoption of this code, are hereby adopted and made a part of this code: Ordinances 2631 through 2677. SECTION 5. Reference Applies to All Amendments Whenever a reference is made to this code as the "Bakersfield Municipal Code" or to any portion thereof, or to any ordinance of the City of Bakersfield, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. SECTION 6. Title, Chapter and Section Headings Title, chapter and section headings contained' herein "~ shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. SECTION 7. Reference to Specific Ordinances The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.. SECTION 8. Effect of Code on Past Actiors and Obligdtions Neither the adoption of this code nor the repeal or amendment hereby of a~ly ordinance or pa~t or portion of any ordinance of the City of Bakersfield shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and ail rights and obliga- tions thereunder appertaining shall continue in full force and effect. SECTION 9. Effective Date This code shall he,aCme effective on the date the ordinance adopting this code as the "Bakersfield Municipal Code" shall become effective. SECTION 10. Constitutionality If any section, subsection, sen[ence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not.affect the validity of the r~,.aining portions of this code. The council hereby decldres that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or mcre section, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should ~e Jeclared invalid or unconstitutional, then the original ordinance or ordinances s!~all be in full force and effect. SECTION 11. This ordinance shall be posted in accordance With the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ......... o0o ......... I HEREBY CERTIFY tha% the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 16%h day cf December , 1981, by the following vote: CITY CLERK and Ex O . lclo C er~ th-----~ Council of the City of Bakersfield APPROV~ED this 16th day of December 1981 / ~ , APPROVED as to form: Bake rs fie]d ORDINANCE NO. 3326 AN ORDINANCE OF TKE COUNCIL OF THE CITY OF BAKERSFIRT.n AMenDING CHAPTER 1.16 OF T~E BAKERSFIELD MUNICIPAL CODE RELATING TO ELECTIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 1.16 of the Bakersfield Municipal Code is hereby amended to read: ELECTIONS Sections: 1.16.010 Nominating Petition - Filing fee. 1.16.020 Elected counciL member. 1.16.030 Extra help for clerk. 1.16.010 N_c~inating Petition - Filing fee A. All candidates for mayor and/or councilperson shall pay a filing fee of twenty-five (25) dollars to be paid upon the first P~sentation of the petition of nomination. B. The city council reserves the right to waive filing fees for all candidates. 1.16.020 ~lected councilmember. The councilmember who has been elected to office pursuant to Section 16 of the Charter shall, after being sworn in, take office on the second regular council meeting following the date of the special election. 1.16.030 .Extra help fur c]~rk_____~. If necessary, the council shall provide extra help to enable the clerk to perform his duties, under any election provision of the Charter, state statutes and municipal code. .SECTI ON 2. ~ This Ordinance shall be posted in accordance with the City ~narter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBy CERTIFy that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on HDV following vote: 7 lqo~ , by the ASSE~! COu~CILMEUSERS ~ ABSTAi~ COuNCiLM~uSE~ · io C~-erk of th~ Council of the City of Bakersfield APPROVED N0¥ 7 1990 MAYOR of the City of Bakersfield APPROVED as to form: .-~ OBERT M. Sh~ ~./~ ACTING CITY ATTORNEY of the City of Bakersfield LCM/meg ELECTION. ORD 10/10/90 O~-.dNAL MEMORANDUM February 27, 1995 TO: Legislative and Litigation Committee Randy Rowles, Chair Irma Carson Galen B. Chow FROM: Judy K. Skousen, City Attorne~~ SUBJECT: Casa Royale Card Casino Glenda Smith-Mailloux is operator of the Casa Royale Cardroom. The cardroom is operated in the Casa Royale Hotel and Casino which has recently been annexed into the City. Currently, Ms. Smith- Mailloux is operating her cardroom under a Kern County Cardroom Permit~ That permit allows Ms. Mailloux to operate her cardroom at hours which are allowable under Kern County's ordinances but which would not be permitted under the Bakersfield Municipal Code. Moreover, Ms. Smith-Mailloux operates her cardroom under a State of California Annual Certificate of Registration issued by the Department of Justice. The state certificate requires the operator of a cardroom to abide by all local regulations regarding cardrooms. Both the county and state permits will expire in March 1995. Therefore, Ms. Smith-Mailloux will have no further right to operate her cardroom within the City, unless she secures another state permit (which requires her to abide by all local regulations) and a city permit which is issued under the Bakersfield Municipal Code. Ms. Smith-Mailloux has repeatedly requested that she be granted an exemption ~rom the stricter requirements of the Bakersfield Municipal Code and be allowed to continue to operate under the more liberal conditions of the Kern County permit. This is not legally permissible for two reasons. First, once the countypermit expires, Ms. Smith-Mailloux will no longer have any right to operate under the county permit. The City cannot permissibly allow her to continue to operate under the county's regulations since it has no legal authority to do so. Moreover, granting Ms. Smith-Mailloux such an exemption would be illegal and would subject the City to allegations of unfair application of its laws. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE Memorandum to Legislative and Litigation Committee Re: Casa Royale Card Casino February 27, 1995 Page 2 Second, the State of California Department of Justice requires all cardroom operators with state permits to abide by all local regulations. Ms. Smith-Mailloux is required, therefore, to abide by the City's cardroom ordinance. If she does not, she cannot receive the state permit. If ~s. Smith-Mailloux desires to operate under the same types of condiLions whicbai~ allowed under the County's ordinance, then she will have to seek an amendment to the City's ordinance. The proper recourse to seek such an amendment is through the legislative process, e.g., through the City Council. JKS:Cll:iaa CORR 1/casa-227.mmo