1992 CC MIN MAR 03 - Laserfiche WebLink

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STAFF REPORTS• CITY ATTORNEY'S REPORTS AND RECOMMENDATIONS: Vagrancy Law Deputy City Attorney Biggs stated that vagrancy law is an evolving area of the law and reported there is an appeal pending in the Ninth District of the Circuit Court of Appeal wherein a San Francisco City ordinance restraining the rights of beggars and panhandlers is being challenged as a violation of the First Amendment of the Constitution. Deputy City Attorney Biggs advised that Penal Code Section 647, et sea., provides authority for enforcing violations of vagrancy or loitering. She advised that the state code supersedes city ordinance. Specifically, Penal Code Section 647(C) is valid for enforcing trespass and loitering. Beyond that, the City Council may want to review and adopt an ordinance prohibiting overnight camping. Deputy City Attorney Biggs asked for further direction from the Council. Having received many complaints from the business owners and residents, Councilman Roman insisted on tougher laws and tougher law enforcement. After discussion, Police Chief Stratton explained that there had been a felony filing in a particular case where a vagrant trespassed and subsequently injured the resident. He pointed out that after an individual is cited on a misdemeanor or felony offense, it is referred to the District Attorney's Office where a determination is made whether or not to prosecute. City Manager Lewis recommended with Deputy City Attorney Biggs can better enforce existing law. Agreement - Price Club - RDA that Police Chief Stratton confer to see how the Police Department Deputy City Attorney Biggs informed that the Redevelopment Agency had been allocated a portion of the sales and use taxes for repayment of certain loans from the Price Company to the Agency for redevelopment purposes. This allocation is properly payable to the City from other revenue sources available to the Agency. The proposed Agreement acknowledges the indebtedness from the Agency to the City for the sales and use tax allocation. It provides repayment to the City over time with interest at the rate of 8.5% as funds become available to the Agency for repayment. Staff recommended approval of the agreement for repayment of the sales and use tax allocation which is expected to assist in diminishing any shortfall in the City's general fund. 5 MAR 3 1992