HomeMy WebLinkAbout3/21/2023 Item 6e, Dietrick - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 21, 2023
TO: Mayor and Council
FROM: J. Christine Dietrick, City Attorney
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 6E - SECOND READING OF ORDINANCE NO. 1724 (2023 SERIES)
AMENDING SEVERAL SECTIONS OF THE MUNICIPAL CODE TO
AUTHORIZE DESIGNEES OF THE POLICE CHIEF TO ISSUE
CITATIONS FOR ALL INFRACTION AND MISDEMEANOR VIOLATIONS
OF THE MUNICIPAL CODE
Staff received a question about the applicability of the additional language drafted by
Council Members during the first reading of this ordinance on March 7, 2023. At that time,
a concern was raised that a phrase as proposed by staff, “…shall designate as enforcing
officers, including but not limited to…” was too broad and the Council motion on the item
modified the phrase to read, “…shall designate as enforcing officers, meeting the
established qualifications for such personnel, including but not limited to…”
When the agenda for March 21, 2023, was published, Item 6e included the modified
phrase in only one of the three locations intended (Chapter 9.60). Therefore, Ordinance
1724 will be updated, as shown in the redline below, to correct for this clerical error and
apply the modified phrase to sections 1.16.060 and 10.08.070 as well:
SECTION 2. Section 1.16.060 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Section 1.16.060. Code Enforcement Officer Design ation Authority.
The city administrative officer is empowered to designate public officers or
employees of the city to exercise the powers authorized by Section 836.5(a) of the
California Penal Code, including the issuance of citations for violation of the
provisions of the municipal code pursuant to Sections 853.5 and 853.6 of the
California Penal Code. The zoning enforcement officer and the chief building
official shall be two of those employees so authorized. (Prior code § 1255). The
police chief and such other persons the police chief shall designate as enforcing
officers, meeting the established qualifications for such personnel , including but
not limited to Community Service Officers, shall also be employees so authorized.
Item 6e – Second Reading of Ordinance 1724
Agenda Correspondence Memo Page 2
SECTION 4. Section 10.08.070 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
10.08.070. Enforcement
All adopted state and city parking ordinances shall be administered and enforced
by the police chief, the fire chief, and the director o f the public works department
of the city, or such other persons as they shall designate as enforcing officers,
meeting the established qualifications for such personnel, including but not limited
to Community Service Officers.