HomeMy WebLinkAboutResolution 2020-073RESOLUTION NO. 2020-073
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, TO RESOLVE THAT THE CITY OF
ATASCADERO COMMITS TO ATASCADERO BEING A SAFE,
INCLUSIVE AND WELCOMING COMMUNITY FOR EVERYONE AND
TO FACILITATE VOLUNTARY CITIZEN ACTION TO REDACT OR
REPUDIATE RACIST AND DISCRIMINATORY VERBIAGE FROM
THEIR PROPERTY DEEDS
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 Atascadero 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
PER WHEREAS, the recent death of George Floyd at the hands of a Minnesota Police Officer,
along with other deaths of unarmed persons of color at the hands of police in other cities, have
sparked advocacy, activism, and protests across the country demanding action be taken to end the
social, economic, political, health, educational and personal safety disparities that exist for people
of color; and
WHEREAS, The City of Atascadero, the Atascadero Police Department and the
Community at large understands the need to ensure that the use of force by police never be applied
in a manner that would be excessive, unnecessary, officious or inequitable; and
WHEREAS, the City of Atascadero and the Atascadero Police Department became aware
. of a campaign aimed at reducing police violence, that includes banning chokeholds and
strangleholds, requiring de-escalation training, requiring warning before shooting, exhaust all
other means before shooting, duty to intervene when witnessing another officer using excessive
force, ban on shooting at moving vehicles, requiring use of force continuum, and requiring
comprehensive reporting; and
WHEREAS, the City of Atascadero and the Atascadero Police Department's Code of
Ethics holds true the following statement for each officer: "I will never act officiously or permit
personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence
my decisions. With no compromise for crime and with relentless prosecution of criminals, I will
r� enforce the law courteously and appropriately without fear or favor, malice or ill will, never
employing unnecessary force or violence and never accepting gratuities."; and
WHEREAS, racial discrimination is a larger problem than law enforcement and the justice
system; and
City of Atascadero
Resolution No. 2020-073
Page 2 of 3
WHEREAS, in alignment with the goal of creating a safe and welcoming community, we n
value human rights, peace, respect, inclusivity and equity; and I! I
WHEREAS, racism and discrimination are not yet completely a thing of the past, but still
exist here in Atascadero today; and violence by persons affiliated with white supremacist
organizations is an active concern of law enforcement in our City and region; and
WHEREAS, the City Council of Atascadero, recognize and acknowledge, as
representatives of the City of Atascadero, that the form of deed which the founders of the original
Colony of Atascadero in 1913 used for lots of land in the Colony included a common but morally
repugnant clause excluding all non-white races from ownership of the property covered by the
deed; and
WHEREAS, such restrictions were ruled as unconstitutional by the U.S. Supreme Court
in 1948, the restrictive language regrettably has been preserved, due to the need to maintain
historical continuity of the records; and
WHEREAS, the City Council and City government want to proclaim for the public record
that the City of Atascadero will not tolerate racial bias, and welcomes warmly and without
reservation neighbors of all races and ethnicities in our community.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Atascadero:
SECTION 1. The City Council is committed to Atascadero being a welcoming, inclusive,
and safe 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 Council affirms the importance of maintaining safety for the
public, bystanders and suspected or accused persons in police interactions by requiring, training
for and practicing de-escalation; prohibiting chokeholds and strangleholds; employing deadly
force only as a last resort, and only after warnings when possible; requiring thorough and accurate
reporting and systematic review of any use of force incident; and requiring officers to intervene if
they observe other officer(s) using unreasonable force, to the extent these practices are not
inconsistent with state law.
SECTION 3. In the spirit of Truth and Reconciliation, the City of Atascadero 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
Atascadero welcomes warmly and without reservation neighbors of all races and ethnicities in our
community.
SECTION 4. The City Council shall encourage and inform Atascadero landowners of the
ability to redact illegal verbiage in existing property deeds, 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. G {
City of Atascadero
Resolution No. 2020-073
Page 3 of 3
SECTION 5. The City Council shall:
1. Upon request from any property owner in the City of Atascadero the
Council directs licensed notary City staff to notarize the documents
required by the San Luis Obispo County Clerk to either redact or repudiate
the clause excluding all non-white races from ownership of the property
covered by the deed; and
2. Shall waive fees for this notary service.
PASSED AND ADOPTED at a regular meeting of the City Council held on the 13th day
of October, 2020.
On motion by Council Member Funk and seconded by Mayor Moreno the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno
NOES:
None
ABSENT:
None
ABSTAIN: None
ATTE
hriste }erk
APPROVED A''S FORM:
1j
Brian A. Pierik, City Attorney
t.m
CITY OF ATASCADERO
HeatherMoreno, Mayor