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HomeMy WebLinkAboutRES NO 052-13X52' �3 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD OPPOSING ASSEMBLY BILL 5 WHICH WOULD ESTABLISH THE "HOMELESS PERSON'S BILL OF RIGHTS AND FAIRNESS ACT" WHEREAS, the City of Bakersfield believes in the basic rights of homeless individuals, and acknowledges that homeless individuals need assistance, the City participated in the development of a Ten -Year Plan to End Chronic Homelessness which has resulted in an on -going collaborative effort involving over 35 partners from government, non - profit, faith, and business; and WHEREAS, the Homeless Person's Bill of Rights and Fairness Act, Assembly 5 (Ammiano) would, among other things, increase costs to local agencies by requiring staff to comply with the requirements of AB 5; and WHEREAS, homelessness is a complex societal issue that cannot be adequately addressed with a broad program that will affect the ability of individual cities and counties to address the issue at a local level; and WHEREAS, it is the position of the City that AB 5 is unconstitutional for a variety of reasons including: violation of Article XI, Section 5 of the California Constitution, violation of the Equal Protection Clause, and for being vague and overbroad; and WHEREAS, the City has increasingly experienced the impacts of homeless encampments, which have an effect on public health and safety issues in Bakersfield; and WHEREAS, AB 5 would negatively affect the City's ability to respond to legitimate public health and safety issues and make it more difficult for the City to respond to business concerns pertaining to loitering and panhandling. AB 5 would also divert State resources toward bill implementation and lead to fewer resources for ending homeless, which should be the main objective of any legislation related to the issue of homelessness. o`k�AKF9s Page 1 of 3 Pages o r ORIGINAL NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Bakersfield hereby goes on record opposing Assembly Bill 5, which would establish the "Homeless Person's Bill of Rights and Fairness Act ". ---- - - - - -- 000---- - - - - -- Page 2 of 3 Pages o�� A KF9�' -c► v ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield 'at a regular meeting thereof held on MAY 15 2013 , by the following vote: COUNCILMEMBER MAXWELL, WEIR, NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER Iryl MAY 15 2013 APPROVED ,r ✓ J ✓ ITH, HANSON, SULLIVAN, JOHNSON CITY CLERK and EX OF I O of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRGINIA GENNARO City A orney Page 3 of 3 Pages o�gAKF9s F- OR1SMAI,