HomeMy WebLinkAbout2003-06-16 Ordinance 4795follows:
ORDINANCE NO. 4795
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO ADDING CHAPTER 9.73 TO TITLE 9 [PUBLIC
PEACE, MORALS AND SAFETY] TO ESTABLISH CITY
POLICY AGAINST ARBITRARY DISCRIMINATION
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. The City Council of the City of Palo Alto
"City") finds and determines as follows:
(a) Arbitrary discrimination against persons with
certain distinguishing characteristics occurs within the City of
Palo Alto. This discrimination violates fundamental human rights
and poses a threat to the health, safety, and general welfare of
Palo Alto and its residents.
(b) The City Council wishes to declare, in the broadest
possible terms, its opposition to arbitrary discrimination against
persons upon the basis of their race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial status,
weight, or height.
(c) State and federal law forbid arbitrary
discrimination with respect to private employment and residential
housing, thus occupying the field so as to preclude City
regulation.
(d) The City Council is aware that it bears an
important responsibility to assure that the City's own programs
and services are offered and administered without arbitrary
discrimination.
(e) The City Council is likewise mindful that the
implementation and enforcement of City anti discrimination
policy with respect to City employees and City contractors will
require substantial administrative attention.
(f) The City Council therefore wishes to establish a
broad City anti-discrimination policy that clearly forbids
arbitrary discrimination by the City in its own programs and
services, including the leasing of City facilities, but which
leaves the City administration with sufficient discretion to
develop cost-effective means of implementing the policy with
respect to contractors and City employment.
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SECTION 2. Chapter 9.73 is hereby added to Title 9
[Public Peace, Morals and Safety] to read as follows:
CHAPTER 9.73 CITY POLICY AGAINST ARBITRARY DISCRIMINATION
Section 9.73.010. Statements of Policy.
a) Human Rights. It is the policy of the City of Palo
Alto to affirm, support and protect the human rights
of every person within its jurisdiction. These rights
include, but are not limited to, equal economic,
political, and educational opportunity; equal
accommodations in all business establishments in the
City; and, equal service and protection by all public
agencies of the City.
b) Freedom from Arbitrary Discrimination. It is the
policy of the City of Palo Alto to protect and
safeguard the right and opportunity of every person to
be free from arbitrary discrimination on the basis of
their race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual
orientation, housing status, marital status, familial
status, weight or height.
Section 9.73.020. Leasing of City Property.
a) All persons who, for a period of more than 29
consecutive days, lease City property shall, as a
covenant and condition of such lease, agree in writing
to accept and enforce the statements of policy set
forth in Section 9.73. 010 with respect to all of the
activities that are conducted upon the leased City
property.
b) No city agency, board, commission, or official shall
permit any person to lease City property, for a period
of more than 29 consecutive days, unless such person
has agreed in writing to accept and enforce the
statements of policy set forth in Section 9.73. 010
with respect to all of the activities conducted upon
the leased City property.
c) It shall be unlawful for any person, who for a period
of more than 29 consecutive days, leases City
property, to discriminate in their own activities upon
the leased City property against other persons on the
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basis of race, skin color, gender, age,
disability, national origin, ancestry,
orientation, housing status I marital status,
status, weight or height.
Section 9.73.030. Other City Activities.
religion,
sexual
familial
a) The city manager shall take all appropriate actions to
assure that the statements of policy set forth in
Section 9.73.010 are implemented to the fullest extent
permitted by law with respect to those City activities
listed in subsection b) below.
b) The following City activities shall be subject to the
statements of policy set forth in Section 9.73.010:
1) Employment by the City of Palo Alto;
2) Persons performing services, providing goods, or
constructing public works on behalf of the City
of Palo Alto;
3) Persons receiving funding, grants or subsidies
from the City of Palo Alto; and
4) City recreational, educational or other programs
and activities of any kind.
Section 9.73.040. Definitions.
The following words and phrases whenever
chapter shall be construed as defined in
unless the context indicates otherwise.
used
this
in this
section,
a) \\City Property" means any real property or facilities
owned or controlled by the City of Palo Alto.
b) \\Lease" means any non-residential lease, license or
other permitted use of City Property.
c) "Person" means natural person, joint venture, Joint
Stock Company, partnership, association, club,
company, corporation, business trust, organization, or
the manager, lessee, agent, servant, officer or
employee of any of them.
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SECTION 3. The city manager is directed to report back
to the City Council no later than December 31, 2004 with a plan
demonstrating the manner in which the statements of policy in
this ordinance have been implemented.
SECTION 4. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore,
no environmental impact assessment is necessary.
INTRODUCED: June 2, 2003
PASSED: June 16, 2003
AYES: BEECHAN, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
Mayor
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