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City of San Leandro <br />Meeting Date: October 7, 2019 <br />Ordinance <br />Agenda Section:File Number:19-491 CONSENT CALENDAR <br />Agenda Number:8.L. <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY:Liz Warmerdam <br />Assistant City Manager and <br />Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:ORDINANCE of the City of San Leandro City Council Repealing Title 4, Chapter <br />4-1, Article 9 of the San Leandro Municipal Code Pertaining to Intimidating <br />Solicitation <br />WHEREAS, in 2004, the San Leandro City Council adopted an ordinance pertaining to <br />intimidating solicitation, codified as Title 4, Chapter 4-1, Article 9 of the San Leandro Municipal Code <br />(“Intimidating Solicitation Ordinance”); and <br />WHEREAS, in 2018, the City Council provided direction to staff and the City Attorney’s Office to <br />review the City’s Intimidating Solicitation Ordinance; and <br />WHEREAS, the City Council recognizes that the legal landscape regarding solicitation <br />regulations has evolved since the City’s Intimidating Solicitation Ordinance was adopted in 2004; and <br />WHEREAS, the City Council desires to repeal the Intimidating Solicitation Ordinance in its <br />entirety. <br />NOW THEREFORE, the City Council for the City of San Leandro does ORDAIN as follows: <br />SECTION 1. RECITALS. The above recitals are true and correct, and made a part of this ordinance. <br />SECTION 2. AMENDMENT OF CODE. San Leandro Municipal Code Title 4, Chapter 4-1, Article 9, <br />“Intimidating Solicitation”, is hereby repealed in its entirety. <br />SECTION 3. CEQA. Approval of the ordinance is exempt from further environmental review under the <br />general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA <br />only applies to projects that have the potential for causing a significant effect on the environment. As a <br />series of text amendments and additions, it can be seen with certainty that there is no possibility that <br />the ordinance will have a significant effect on the environment. <br />SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, <br />clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any <br />reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the <br />validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, <br />sentences, clauses or phrases of this Ordinance, or its application to any other person or <br />circumstance. The City Council of the City of San Leandro hereby declares that it would have <br />adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, <br />Page 1 City of San Leandro Printed on 10/2/2019 <br />177