City Council approves move-alongs in a first reading

December 14, 2002

NOTE TO READER:

The Santa Cruz City Council has passed as a first reading the following ordinance, despite the fact that the language of these ordinance changes were not available for the public to review 72 hours in advance as required by the Brown Act. City Attorney John Barisone, however, assured the City Council that this was not necessary.  The Council entirely ignored the recommendations of the Downtown Commission which had proposed the voluntary musicians guidelines as a first remedy (in place for over 20 years and effectively working--despite Councilman Ed Porter's unsupported claims to the contrary).  And setting up downtown mediation for those issues not resolvable by the voluntary guidelines.

The one-hour and then move-along concept, a bastardization of the voluntary guidelines which provided for one more hour in a location once a request to move had been made, is not practical for political tables which are subject to the same guidelines. Nor are they constitutional as loitering laws have been thrown out across the nation unless in conjunction with some other illegal activity, such as loitering near a bank in order to gather information to rob it.  If the street musicians or political tabler's are not engaged in an illegal activity, the state (read the City police) has no authority to order them to leave.

I cannot underscore the serious slippery slope the City of Santa Cruz is headed down, where the "good" people are allowed to remain in public places but the "undesirables" (i.e. people without money) are banished.  Ironically, efforts to cleanse a downtown of counter-culture, activists, street performers, beggars, and poor people always backfire with a vacant downtown and the strangulation of a thriving business climate.  People really do come to Santa Cruz to see all the hippies.

---- Becky Johnson

City Council Administrative Business  for meeting of December 10, 2002

Action agenda for item #22

740-20

22. Downtown Commission Recommendations Regarding the Impact of Downtown Ordinance Revisions on Street Performers and Other Activities. (CM003)

Version one of Ordinance No. 2002-49 was introduced for publication amending Display Device Ordinance, Chapter 5.43, to provide for 10 foot distance regulations; Version Two of Ordinance No. 2002-49 was introduced for publication amending Display Device Ordinance, Chapter 5.43, to provide for 10 foot distance regulations and one hour sidewalk location limitation; Ordinance No. 2002-50 was introduced for publication amending Display Device Ordinance, Chapter 5.43, to provide for distance regulation "exempt zones"; Ordinance No. 2002-51 was introduced for publication amending the Aggressive Solicitation Ordinance, Chapter 9.10, to clarify that street performing does not constitute "solicitation" for purposes of the Aggressive Solicitation Ordinance; the City Attorney was directed to prepare an emergency ordinance rescinding Ordinance No. 2002-36 and Ordinance No. 2002-43 pertaining to a 14-foot distance regulation for display devices and to return that emergency ordinance to the City Council for final adoption at the Council’s January 14, 2003 regular meeting; and the Downtown Commission review, in a special meeting if necessary, the proposed ordinances, with a map indicating setbacks, and encourage the ongoing discussion among community members, independent of this process, and provide comments prior to the January 14 Council meeting.