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File Number: 18-050 <br />City staff present: Assistant City Manager Jeff Kay; Deputy City Clerk, Deon Sailes; City <br />Attorney, Rich Pio Roda; San Leandro Police Captain, Luis Torres, <br />Public present: Chris Bammer <br />1. B. Announcements <br />Mayor Pauline Cutter - Councilmember Pete Ballew is out of the country, and his attendance is <br />excused. <br /> 2. DISCUSSION ITEMS <br />2. A.Review and Direction to Staff Regarding City of San Leandro Intimidating <br />Solicitation Ordinance <br />3.PUBLIC COMMENTS <br />There was 1 speaker on this item: Chris Bammer <br />4.COMMITTEE MEMBER COMMENTS <br />Assistant City Manager Jeff Kay provided a brief introduction noting that Captain Torres will <br />speak on the current law enforcement policy and Rich Pio Roda would discuss and provide <br />a legal review which will be followed by questions from the Committee. <br />City Attorney Rich Pio Roda summarized the City’s current Intimidating Solicitation Ordinance <br />(SL Municipal Code Section 4-1-900, et. seq.), defined the elements of content-based and <br />content-neutral speech, discussed the relevance of the Town of Gilbert 9th Circuit, case and the <br />pending Eureka Case (currently in SF Northern District Court). <br />Pio Roda emphasized that recently, within the last 2-3 years, California caselaw has impacted <br />whether such restrictions on speech are considered content-based or content-neutral by the <br />Courts. In light of recent changes, the respective governing bodies for the City of Sacramento <br />and the County of Sacramento have modified their respective intrusive solicitation laws <br />Pio Roda emphasized that the current ordinance as it stands excludes several public spaces that <br />are not currently included in the SL Municipal Code Section 4-1-900 et seq. They are transit <br />stops, gasoline stations and fuel pumps, medians and intersections and outdoor dining locations. <br />Mayor Cutter asked for confirmation that soliciting at Costco/Davis St. intersection falls within the <br />purview of this ordinance from Pio Roda and whether complaints have been filed with the SLPD <br />from Captain Torres. <br />Page 2 City of San Leandro Printed on 1/30/2018 <br />19