HomeMy WebLinkAbout07-10-2012 B1 RizzoSaro G. Rizzo
Attorney At Law
1457 Marsh Street, Suite 100
San Luis Obispo, Ca. 93401
Tel (805) 783 -1735 Fax (805) 858 -9505
skrizzogcharter, net
7/9/2012
Honorable Council Members
J. Christine Dietrick, City Attorney
990 Palm Street
San Luis Obispo, CA 93401
Via Hand Delivery
RE: Item B -1 On Council Agenda For July 10, 2012 - Emergency Ordinance
Dear Council Members and City Attorney:
As you are aware on July 3, 2012, Superior Court Judge Charles Crandall issued a
preliminary injunction against the City of San Luis Obispo's ( "City ") enforcement of
SLMC Section 17.16.015 to the public streets. In doing so he discussed three serious
issues he had about the applicability of the Property Development Standard 015 to public
streets and the reasonableness of the City's ongoing enforcement efforts. From the
Council Agenda Report on Item B -1 discussing the proposed emergency before you
tonight it appears that the City is trying to address the first two issues addressed by the
Court relating to applicability to the streets and proper notice. To begin with, I have
serious doubts that the notice concern the Court had will be alleviated by placing the
identical language of SLMC Section 17.16.015 in Chapter 9.18. Further, the proposed
ordinance completely fails to address the Court's concern with the reasonableness of
enforcement efforts. Given this, I believe the City should not adopt the proposed
ordinance as written. If the City does adopt it, then I believe it behooves the City not to
enforce it until you have some assurances from the Court that doing so will not be in
violation of the current injunction. Not doing so unfairly places City employees and /or
officers in unreasonable risk of being held in contempt of court for what can easily
be construed as an end run around the current injunction.