HomeMy WebLinkAboutR-11191 Redact or Repudiate Racist and Discriminatory Verbiage from Property Deeds and Restrictive CovenantsR 11191
RESOLUTION NO. 11191 (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO RESOLVE THAT THE CITY OF SAN LUIS
OBISPO COMMITS TO SAN LUIS OBISPO BEING AN INCLUSIVE AND
WELCOMING COMMUNITY FOR EVERYONE AND TO FACILITATE
VOLUNTARY CITIZEN ACTION TO REDACT OR REPUDIATE RACIST
AND DISCRIMINATORY VERBIAGE FROM THEIR PROPERTY DEEDS
AND RESTRICTIVE COVENANTS
WHEREAS, the Declaration of Independence defined the United States of America as a
democracy based on the unalienable rights of life, liberty and the pursuit of happiness, and
government by the consent of the people; and the 14th Amendment instilled equality of the races
into the US Constitution; and
WHEREAS, the City of San Luis Obispo will steadfastly strive to ensure that they are not,
either consciously or unconsciously, engaging in any form of discrimination. This takes vigilance
and a willingness to monitor and review numerical data, policies, practices and decision-making
processes and organizational culture. It is not acceptable from a human rights perspective for an
organization to choose to remain unaware of discrimination or to fail to act when a problem comes
to its attention; and
WHEREAS, in alignment with the goal of creating a welcoming community, the City of
San Luis Obispo values human rights, peace, respect, inclusivity and equity; and
WHEREAS, the City Council of San Luis Obispo, recognize and acknowledge, as
representatives of the City of San Luis Obispo, that various deeds and restrictive covenants
throughout the City included a common but morally repugnant clause excluding all non-white
races from ownership of the property covered by the deed and restrictive covenants; and
WHEREAS, in 1948, the U.S. Supreme Court ruled such restrictions were
unconstitutional, yet the restrictive language has regrettably been preserved due to the need to
maintain historical continuity of the records; and
WHEREAS, the City Council wants to proclaim for the public record that the City of San
Luis Obispo will not tolerate racial bias, and welcomes warmly and without reservation neighbors
of all races and ethnicities in our community.
WHEREAS, restrictive covenants limited property ownership for non-whites, directly
contributing to significant wealth inequities and systemic racism experienced today; and
WHEREAS, restrictive covenants influenced land use and settlement framework
throughout the City of San Luis Obispo and surrounding area, creating patterns of racial
segregation still experienced today; and
Resolution No. 11191 (2020 Series) Page 2
R 11191
WHEREAS, while acknowledgment and removal is an important symbolic gesture, the
City recognizes gestures are not enough and commits to strongly considering recommendations
from the Diversity, Equity and Inclusion Taskforce in regard to inclusion and equity in housing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. The City Council is committed to San Luis Obispo being a welcoming, and
inclusive community for everyone. While we promote free thought and speech, we condemn
racism and brutality, hate speech, bigotry, violence, and prejudice in any form.
SECTION 2. the City of San Luis Obispo wants to go on record that our City repudiates
historical racial restriction on ownership, and deeply regrets that it was once considered acceptable.
We also proclaim for the public record that the City of San Luis Obispo welcomes warmly and
without reservation neighbors of all races and ethnicities in our community.
Resolution No. 11191 (2020 Series) Page 3
R 11191
SECTION 3. The City Council shall encourage and inform San Luis Obispo landowners
of the ability to redact illegal verbiage in existing property deeds and restrictive covenants, or to
acknowledge the clause excluding all non-white races from ownership of property and to repudiate
the clause, stating that we welcome with enthusiasm and without reservations neighbors of all
races and ethnicities.
Upon motion of Council Member Pease, seconded by Council Member Christianson, and
on the following roll call vote:
AYES: Council Member Christianson, Pease, Stewart, and Mayor Harmon
NOES: None
ABSENT: Vice Mayor Gomez
The foregoing resolution was adopted this 17th day of November 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington
City Clerk