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Roseville amends panhandling ordinance

Change made in response to recent court decision
By: Sena Christian, Staff Reporter
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Action Taken

Here’s a look at some other items approved during the Nov. 7 council meeting:

Central Park professional design agreement: The city will begin the second phase of Central Park, which includes a children’s play area, shaded picnic areas, new walkways, benches and possibly a half court for basketball. Fuhrman Leamy Design Group will complete construction, scheduled to begin in spring 2013 and cost $250,000.

Creation of Development Services Department: The city will transfer Public Works Department responsibilities to a new department and narrow Public Works’ focus to operations and maintenance. The new department will include permit center staff, building division plan check and inspection staff, engineering plan check and inspection staff, fire plan check staff and code enforcement.

Electric rate design services agreement: Roseville Electric may update its rate structure and will use Utility Financial Solutions LLC for rate design recommendations at a cost not to exceed $37,400.

Development impact fee deferral program: The city will extend the single-family home deferral program set to expire Dec. 31. About 75 percent of single-family home permits issued since the program’s inception in 2008 have used the fee deferral program. Since 2008, revenues forgone to uncollected interest is an estimated $230,000. The city loses interest of $100 per home.

Atlantic Street water pipe rehab: The city is replacing a 20-inch transmission main that conveys portable water that begins at the Yosemite Street and Atlantic Street intersection and runs southwest. The project will cost roughly $1.3 million.

Custodial services request for proposal award: The city will use Imperial Central Services to provide custodial services for Parks, Recreation and Libraries, Central Services and Environmental Utilities departments for a total cost of about $1.2 million over the next three years.

Restroom upgrades: The city will upgrade restrooms at the Downtown Library and Diamond Oaks Gold Course to comply with Americans with Disabilities Act standards. The total cost is $98,559.

Ammunition purchase order award: Roseville Police will purchase pistol ammunition for a cost of $95,130.

Hazardous and nonhazardous waste removal agreement: The city will use Fremouw Environmental Services Inc. to remove waste from Roseville Energy Park and Roseville Power Plant No. 2 for an estimated $250,000 annually over the next five years.

In response to a recent court decision, the city of Roseville is revising its panhandling ordinance.

It will no longer be a violation of the Roseville Municipal Code to beg or solicit from occupants of motor vehicles while standing in public right of ways, median strips, parking lots and other public places. Roseville City Council unanimously approved the change during Wednesday’s meeting. The item appeared on the consent calendar.

In September 2011, the U.S. Court of Appeal for the Ninth Circuit ruled that the city of Redondo Beach’s ordinance prohibiting certain types of soliciting was an unconstitutional restriction of free speech.

Roseville’s amended ordinance continues to give police the ability to prohibit intimidating panhandling or begging that occurs in confined spaces. It’s still illegal to be “aggressive” when panhandling, which includes following or touching someone, persisting after being told no, blocking a person’s passage or using threatening gestures or language.

A person is also not allowed to panhandle within 25 feet of a stand-alone bank or ATM. This doesn’t apply to banks inside supermarkets or other types of businesses. Panhandling is prohibited within 15 feet of the entrance or exit of any building open to the public unless the owner has given permission.

It remains illegal to panhandle inside a public transportation vehicle or within 25 feet of a designation transportation stop. Panhandling in the indoor or outdoor sections of a restaurant is prohibited without permission. Panhandling in any public place after dark isn’t allowed.

On a related note, the council also voted 4-0 to renew an agreement with the Roseville Salvation Army to administer the Homeless Voucher Program to help keep residents off the streets. Councilwoman Susan Rohan abstained from voting.

The Salvation Army has run the voucher program since 1997, providing housing rental assistance, utility payment assistance or motel vouchers to residents who are homeless.

“I’m just really happy to have this program in Roseville,” said Mayor Pauline Roccucci. “I think tomorrow the temperature’s supposed to go down 30 degrees from what it’s been. It’s going to get cold, and (this) shows how we can help people from becoming homeless and having that step up in keeping people in a better place and using our money wisely.”

The program’s contract provides for city reimbursement to the Salvation Army for one-half of their direct costs up to a maximum $1,500 to any household. The Army will provide a dollar for dollar financial match. The city’s financial participation is capped at $30,000 for the 2012-13 fiscal year.