HomeMy WebLinkAbout04-18-2017 Item 10, GallagherCOUNCIL MEETING: `7'' 1 2�-1 ;Z-.
ITEM NO.: A - ~-
Council Memorandum
April 13, 2017
TO: City Council
FROM:
VIA:
SUBJECT:
Enc:
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APR 13 2017
TSL0 CITY CLERK
Carrie Gallagher, City Clerk
Katie Lichtig, City Manager
Item 10: CALL FOR ELECTION OR ADOPT PROPONENTS ORDINANCE
Revised Attachment A
Attached please find a replacement Attachment A for this item. The title of the proponent's
ordinance that was published with the agenda packet has now been amended to read as follows:
AN ORDINANCE OF THE PEOPLE OF THE CITY OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ABOLISHING CHAPTER 15.10 OF THE SAN LUIS OBISPO
MUNICIPAL CODE ENTITLED "RENTAL HOUSING INSPECTION" AND ADOPTING
A NEW CHAPTER 15.10 ENTITLED "NON-DISCRIMINATION IN HOUSING"
Additionally, the ordinance was amended to include the following:
INTRODUCED on the 18th day of April, 2017, AND FINALLY ADOPTED per
Elections Code section 9214, by the Council of the City of San Luis Obispo on the 2nd day of May
2017, on the following vote:
This attachment replaces the originally posted Attachment A and corrects these publishing errors.
ORDINANCE NO. (2017 SERIES)
AN ORDINANCE OF THE PEOPLE OF THE CITY OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, ABOLISHING CHAPTER 15.10 OF THE
SAN LUIS OBISPO MUNICIPAL CODE ENTITLED "RENTAL HOUSING
INSPECTION" AND ADOPTING A NEW CHAPTER 15.10 ENTITLED
"NON-DISCRIMINATION IN HOUSING"
WHEREAS, the People of San Luis Obispo seek to protect the privacy of all residents
from discriminatory inspections invading residents' privacy that violate the First, Fourth and Fifth
Amendments of the U.S. Constitution; and
WHEREAS, Chapter 15.10 requires mandatory intrusive inspections inside homes in San
Luis Obispo violating the privacy of City residents under the First, Fourth and Fifth Amendments;
and
WHEREAS, Chapter 15.10 is so vague that City Officials are authorized to silently
discriminate in determining whose home to target based on age, income, political activity, or status
as a renter or an owner; and
WHEREAS, Chapter 15.10 must be abolished and replaced with a Non -Discrimination in
Housing Ordinance to protect residents' privacy in San Luis Obispo;
NOW, THEREFORE, THE PEOPLE OF THE CITY OF SAN LUIS OBISPO DO
ORDAIN AS FOLLOWS:
SECTION 1. This ordinance shall be known as the "Non -Discrimination in Housing
Ordinance."
SECTION 2. Chapter 15.10, "Rental Housing Inspection", of the San Luis Obispo
Municipal Code is hereby repealed and new Chapter 15.10 is adopted to read as follows:
CHAPTER 15.10. NON-DISCRIMINATION IN HOUSING
SECTION 15.10.010 The City of San Luis Obispo shall not discriminate against any
person based upon age, income, disability, gender, race, ethnicity, sexual identity, or inability or
ability to own a home, by imposing any compulsory program, policy, intrusion or inspection
applicable to any residential dwelling unit. No determination to conduct an inspection of any
dwelling shall be based substantially on any occupant's age, income, disability, gender, race,
ethnicity, sexual identity or status as an owner or renter of such dwelling.
SECTION 3. The people of City of San Luis Obispo hereby request this ordinance be
submitted immediately to a vote of the people at a special election, pursuant to Elections Code §
9214.
Ordinance No. (2017 Series) Page 2
INTRODUCED on the 18th day of April, 2017, AND FINALLY ADOPTED per
Elections Code section 9214, by the Council of the City of San Luis Obispo on the 2nd day of May
2017, on the following vote:
AYES:
NOES:
ABSENT:
Mayor Heidi Harmon
ATTEST:
Carrie Gallagher
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, this day of ,
Carrie Gallagher
City Clerk
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