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HomeMy WebLinkAbout02/05/2014  B A K E R S F I E L D Committee Members: Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair Jacquie Sullivan Russell Johnson AGENDA SUMMARY REPORT SPECIAL MEETING OF THE LEGISLATIVE AND LITIGATION COMMITTEE MEETING Wednesday, February 5, 2014 12:00 p.m. City Hall North First Floor - Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 The meeting was called to order at 12:03 P.M. 1. ROLL CALL Committeemembers Present: Councilmember Terry Maxwell, Chair Councilmember Jacquie Sullivan Councilmember Russell Johnson Staff Present: Alan Tandy, City Manager Virginia Gennaro, City Attorney Rhonda Smiley, Asst. to the City Manager Tom Geddes, Associate Attorney Caleb Blaschke, Management Assistant Andrew Cadriel, Accounting Clerk Greg Williamson, Police Chief Brian Clayton, Police Captain Others Present: Mayor Harvey L Hall Theo Douglas, Bakersfield Californian Jeff Hayward, Downtown Business Association Bob Bell, Downtown Bakersfield Develp. Corp Scott Thackrey, KUZZ News Neda Mashayekhi, Greater Bakersfield Legal Asst. John Marshall, Stewart Inc. Gerald Cantu, Stewart Inc. Louis Gill, Bakersfield Homeless Center Caitlin Rearden, Channel 29 News Chuck Dennis, KGET TV 2. ADOPT OCTOBER 21, 2013 AGENDA SUMMARY REPORT Adopted as submitted Legislative and Litigation Committee Meeting Agenda Summary Report Wednesday, February 5, 2014 Page 2 3. PUBLIC STATEMENTS None 4. NEW BUSINESS A. Discussion and Committee Recommendation Regarding the Feasibility of an Ordinance to Prohibit or Limit Panhandling – Gennaro City Attorney Virginia Gennaro provided a power point presentation summarizing the legal issues associated with anti-panhandling ordinances, including legal concepts surrounding the topic, illustrations of how other California municipalities have dealt with panhandling issues, and sample ordinances from other cities. Ms. Gennaro distributed copies of a proposed ordinance for the Committee’s review and consideration. Committee member Johnson requested a brief recess to acquire direction from the City Attorney. City Attorney Gennaro stated Committee member Johnson did not have any conflicts of interest, as the ordinance would impact all businesses and citizens of Bakersfield equally. Jeff Hayward, representing the Downtown Business Association, thanked City Attorney Gennaro for her thorough presentation. Mr. Hayward stated that the Council should consider action to assist both downtown business owners and those individuals who actually need services. He stated that panhandling in downtown has grown out of control. Bob Bell, representing Downtown Bakersfield Development Corporation (DBDC)stated that as a business owner and Chairman of the DBDC, he has seen two types of panhandling: the homeless beggar and the aggressive solicitor; the latter is the main concern. Mr. Bell stated there are several resources in Bakersfield, including the Bakersfield Homeless Center and the Mission of Kern County to assist those in need of services. Mayor Harvey L. Hall stated the issue has continued to grow every year for the last five years. In order for potential businesses to locate to the downtown, a change needs to be made to discourage panhandling and encourage safety for all business owners and individuals visiting those businesses. Chief of Police Greg Williamson stated there are additional issues, including homelessness, mental health issues, substance abuse issues, and others, which are also contributors to the rise of panhandling in the city and countywide. Any new ordinance would need to be implemented citywide and it would be very difficult for the Police Department to enforce. Committee member Russell Johnson asked if the “Fill-A-Boot” campaign would be affected and if a definition for a public transportation vehicle would be included in the list of definitions in the proposed ordinance. Legislative and Litigation Committee Meeting Agenda Summary Report Wednesday, February 5, 2014 Page 3 City Attorney Gennaro stated the “Fill-A-Boot” campaign would not be affected because a separate vehicle code exists which allows the campaign’s actions to occur. She also stated “bus” and “public transportation vehicle” will be identified in the list of definitions in the proposed ordinance. Committee Chair Terry Maxwell requested that detailing false representations also be included as an additional section in the ordinance. He also asked if panhandling behavior is discouraged when businesses post certain signs, including no loitering, no solicitation, and no panhandling. City Attorney Gennaro stated that the prohibition of conduct detailing false representations can be added to the ordinance. Police Chief Williamson stated the effect of the signs has diminished over time as the interpretation of the First Amendment has progressed. Committee member Jacquie Sullivan asked if it was possible to exempt certain organizations, such as the Salvation Army and the Girl/Boy Scouts. City Attorney Gennaro stated the Constitution discourages such exemptions and encourages consistency throughout. Organizations can seek permission from private businesses to allow their campaigning efforts to take place on their property. Committee member Johnson made a motion to present the full Council with the proposed ordinance, with the revisions to the definitions and the addition of prohibiting false representations. The motion was unanimously approved. B. Discussion and Recommendation Regarding Adoption of the 2014 Committee Meeting Schedule - Smiley Adopted as submitted 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 1:08 P.M. cc: Honorable Mayor and Council