HomeMy WebLinkAboutPost-Meeting Agenda Package - StudySession_Sep12_2024
PALM DESERT CITY COUNCIL,
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY, HOUSING AUTHORITY, AND BOARD OF LIBRARY
TRUSTEES
STUDY SESSION MEETING
STUDY SESSION POST-MEETING AGENDA
Thursday, September 12, 2024
2:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
NOTICE IS HEREBY GIVEN that the purpose of the Study Session is to review the items listed on the
agenda. No action will be taken.
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Board of Library Trustees.
Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public
access via teleconference or in person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
https://palmdesert.zoom.us/ or on the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
Send your comments by email to: CouncilMeetingComments@palmdesert.gov.
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. Emails will not be read aloud at the meeting.
Pages
1.CALL TO ORDER - STUDY SESSION
2.STUDY SESSION TOPICS
2.a UNIFIED DEVELOPMENT CODE INTRODUCTION 3
2.b POLICY DISCUSSION ON PROPOSED TEXT AMENDMENTS TO PALM
DESERT MUNICIPAL CODE TITLE 26, (SUBDIVISIONS) AND TITLE 27
(GRADING)
25
2.c PROPOSED TEXT AMENDMENT TO PALM DESERT MUNICIPAL CODE
CHAPTER 2.18 BUILDING BOARD OF APPEALS
45
2.d DRAFT POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED
TOWARDS COUNCIL MEMBERS AND CANDIDATES, AND
CONSIDERATION OF FIREARMS RESTRICTIONS ON CITY PROPERTY
53
3.ADJOURNMENT
4.PUBLIC NOTICES
NOTE: Pursuant to Assembly Bill 2449, this meeting may be conducted by
teleconference. Study Session is accessible in person or on the City’s website:
www.palmdesert.gov under the Council Agenda link at the top of the page.
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Council Agenda” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the City will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Níamh M. Ortega, Assistant City Clerk of the City of Palm Desert, do hereby
certify, under penalty of perjury under the laws of the State of California, that the
foregoing agenda for the Palm Desert City Council, Successor Agency for the
Palm Desert Redevelopment Agency, and Housing Authority, was posted on the
City Hall bulletin board and City website www.palmdesert.gov no less than 72
hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
City Council Study Session
2
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: STUDY SESSION: UNIFIED DEVELOPMENT CODE INTRODUCTION
RECOMMENDATION:
Provide feedback on the presentation by Clarion Associates on the Unified Development Code
Update and direct to staff to form a City Council Subcommittee for the Update.
BACKGROUND/ANALYSIS:
On June 27, 2024, the City Council awarded a contract to Clarion Associates to develop a Unified
Development Code for the City of Palm Desert (PD UDC). Currently, land development
regulations are located within, but not limited to, Title 24 Environmental and Conservation, Title
25 Zoning, Title 26 Subdivisions, Title 27 Grading, and Title 28 Flood Damage Prevention. A
Unified Development Code (UDC) combines traditional zoning and subdivision ordinances, as
well as other City regulations such as grading, design review, and stormwater management, into
a single document. The intent of combining these regulations is to streamline and coordinate
development processes by removing inconsistencies and outdated development policies.
Part of the scope of the PD UDC includes initial project meetings wi th City staff and local
stakeholders. Clarion Associates has prepared a presentation to introduce the project to the City
Council.
Staff recommends the City Council appoint two members of the City Council to an Ad Hoc
Subcommittee to review public drafts of the various work products throughout the entire project.
A companion staff report regarding these appointments is listed on the September 12, 2024,
Action Calendar.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no financial impact related to this item.
ATTACHMENT:
1. Presentation
3
4
CITY OF
PALM DESERT
Unified
Development
Code
Project Kickoff
September 2024
5
PROJECT TEAM
6
CLARION ASSOCIATES
•National consulting practice with 30+ years experience
•Multi-disciplinary: Planners, attorneys, landscape architects
•Offices in Denver and Chapel Hill
•Focus on plan implementation and user-friendly codes
•Award-winning, innovative codes integrating traditional and form-based approaches
•Recent California experience: Berkeley, Pasadena, Long Beach, Sacramento County
Palm Desert, California I Unified Development Code
7
PROJECT TEAM
Project Manager
Matt Goebel
Project Principal
Jenny Baker
Graphics & Marketing
Holly White
Project Associate
Maggie Squyer
Palm Desert, California I Unified Development Code
8
IMPLEMENTING THE PLAN
Palm Desert, California I Unified Development Code
9
ABOUT THE PROJECT
10
PROJECT TIMELINE
Consolidated Draft
4
Unified Development Code
Adoption
1
Project Orientation
2
Issue Identification and
Zoning Code Analysis
3
Draft New
Unified Development Code
Initial Project Meetings
Public Participation Plan
Background Document Review Zoning Districts & Uses
Development Standards
Administration & Procedures
Signs
Public Hearings & Workshops
Final UDC Project Branding
Initial Committee Meetings
Zoning Code Analysis
Annotated Outline
Testing
Sept-Oct 2024 Nov 2024-Jan 2025 Feb 2025-Jun 2026 July-Sept 2026
Palm Desert, California I Unified Development Code
11
CODE ASSESSMENTS
Palm Desert, California I Unified Development Code
12
CODE ASSESSMENTS
Main
report
Detailed
supporting
table
Palm Desert, California I Unified Development Code
13
LISTENING TO THE PUBLIC
Stakeholder input
•Residents
•Development community
•Other stakeholders
•City staff
Arrange in-person
participation and virtual
opportunities
Design online survey and other
digital interactive platforms
https://www.engagepalmdesert.com/development-code
Palm Desert, California I Unified Development Code
14
KEY ISSUES
15
IMPLEMENT THE PLANS
Does the UDC support the plan’s Guiding Principles?
Palm Desert, California I Unified Development Code
16
CLARITY AND ORGANIZATION
Palm Desert, California I Unified Development Code
17
ZONING DISTRICTS
Review existing zoning
districts:
▪Are new districts needed to
enable desired development
forms?
▪Adjustments to existing districts?
▪Do dimensional standards need
to be revised?
▪How well are special districts and
overlays working?
Palm Desert, California I Unified Development Code
18
USE REGULATIONS
Review allowed uses for:
▪New uses that need to be added
(data centers, doggie day care,
“creator” spaces)
▪Obsolete uses that can be removed
▪Are existing land use conditions
working? New ones needed?
▪Updates to permissions
▪Allow more widely, subject to use-specific
standards (land use conditions)?
▪Require specific use permit?
▪Change to prohibited
Palm Desert, California I Unified Development Code
19
DEVELOPMENT STANDARDS
Address the quality of development,
including standards for:
▪Access and connectivity
▪Landscaping and screening
▪Building and site design
▪Outdoor lighting
▪Parking and loading
▪Compatibility and transition
(commercial/residential)
Palm Desert, California I Unified Development Code
20
REVIEW PROCEDURES
Assess whether:
•Procedure matches practice?
•Standards are adequately
detailed to lead to
predictable outcomes?
•Each procedure has
objective approval criteria?
•Review procedures are
standardized and
streamlined?
Palm Desert, California I Unified Development Code
21
RECOMMENDATION
•Staff recommends the City Council appoint two members of the City
Council to an Ad Hoc Subcommittee to review public drafts of the
various work products throughout the entire project.
•A companion staff report for these appointments is listed on the
September 12, 2024, action calendar.
Palm Desert, California I Unified Development Code
22
QUESTIONS & DISCUSSION
Any other questions about the project scope or process?
23
CITY OF
PALM DESERT
Unified
Development
Code
Project Kickoff
September 2024
24
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: STUDY SESSION: POLICY DISCUSSION ON PROPOSED TEXT
AMENDMENTS TO PALM DESERT MUNICIPAL CODE TITLE 26,
(SUBDIVISIONS) AND TITLE 27 (GRADING)
RECOMMENDATION:
Provide feedback on the proposed policy and text amendments to Palm Desert Municipal Code
Title 26 (Subdivisions) and Title 27 (Grading).
BACKGROUND/ANALYSIS:
Title 26 of the Palm Desert Municipal Code (“PMDC”) regulates the land subdivision in the city
and outlines the procedures for administering and implementing the State Subdivision Map Act
(“Map Act"). Title 27 of the Palm Desert Municipal Code establishes minimum requirements for
grading and sets forth the procedures for permit issuance and enforcement of grading
requirements. Both Titles were originally adopted in 1976 and have been revised on an as -
needed basis in response to updates in state legislation or development-related issues.
Development Services staff, in collaboration with the City Attorney’s Office, is working on a
comprehensive amendment to the Titles to align with current best practices and state law
requirements. This update precedes the update for the Unified Development Code (“UDC”)
update, which is scheduled for completion in 2026. Staff is seeking input from the City Council
on several policy updates related to subdivision and grading procedures and design
requirements, as outlined below:
POLICY UPDATES TO TITLE 26 SUBDIVISIONS
1. Senate Bill 684 Implementation:
In 2023 the California Legislature adopted Senate Bill 684 (SB 684) to streamline the
approval process development projects of 10 or fewer residential units on urban lots
under 5 acres, as governed by the Subdivision Map Act. SB 684 mandates that the City
must ministerially consider, without discretionary review or a public hearing, a parcel map
or a tentative and final map for housing development projects that meets specified
requirements.
Staff recommendation: Expand the discretion of the City Engineer and Development
Services Director to approve Tentative Parcel Maps, Conditional Certificates of
Compliance, Lot Line Adjustments, and administrative Tract Maps in accordance with SB
684. Additionally, establish the necessary procedures and objective standards to maintain
local control under this new legislation. The objective standards would include objective
development standards (e.g., setbacks, building heights) that do not conflict with SB 684,
25
City of Palm Desert
Study Session – Title 26 Subdivisions and Title 27 Grading
Page 2 of 3
objective subdivision standards of the subdivision map act, and objective design
standards contained in the City’s Multifamily and Mixed-use Objective Design Standards.
POLICY UPDATES TO TITLE 27 GRADING
1. Clarify that no grading permit shall be issued prior to final tract map approval
It is standard practice that a grading permit is not issued for a site until the final tract map
has been approved by the City Council. However, conflicting provisions in the current
code create ambiguity around this process. Staff recommends removing these conflicting
provisions to ensure clarity.
Staff recommendation: Require that if a final tract map is required or approved for a site,
no grading permit shall be issued until the final map has been approved by the City
Council.
2. Establish design requirements for grading adjacent to existing development
One of the primary purposes of the Grading Ordinance is to ensure that the development
of land occurs in a manner most compatible with surrounding areas. In areas where infill
development is possible, the absence of clear criteria for compatibility can lead to
uncertainty for stakeholders, prolonged discretionary processes, and undesirable
development outcomes. To align with the goals and policies of the General Plan, grading
elevations and slopes between adjacent developments should be regulated to promote
compatibility.
Staff Recommendation: Establish a requirement limiting the finished grade and slopes
of new developments in relation to the finished elevations of existing developments.
Exceptions may be made if a finding is made that the proposed elevation is necessary to
protect public health, safety, and welfare, with additional considerations for hillside areas
of the City.
3. Control of Building Pad Elevation
Currently, Section 27.12.045(C) of the Palm Desert Municipal Code governs the approved
building pad elevation of new developments associated with a Tentative Map. This
section stipulates that any deviation of more than six inches (6") from the preliminary
approval must be reviewed by the Director of Development Services, based on a
recommendation from the City Engineer. The Director may also choose to refer the
request to the Planning Commission for further consideration at their discretion.
Staff recommendation: Remove the six-inch (6”) threshold and require that all
deviations in building pad elevation be jointly reviewed and approved by the City Engineer
and Director of Development Services.
4. Regulation of Stockpiling
Currently, stockpiling is regulated by Palm Desert Municipal Code Section 27.28.155(A).
Due to the potential nuisances that can arise from the temporary stockpiling of earthen
materials, expanded regulations are recommended to mitigate these issues .
26
City of Palm Desert
Study Session – Title 26 Subdivisions and Title 27 Grading
Page 3 of 3
Staff recommendation: Expand the regulatory requirements for the stockpiling approval
by implementing certain measures including:
1. Requiring a dedicated stockpiling permit.
2. Require erosion control plans prepared by a registered civil engineer.
3. Prohibit the acceptance of stockpile permit applications prior to map or project
approval, including applicable environmental review
4. Establish criteria to control stockpile placement and mitigate visual impacts.
5. Require applicants enter into an agreement with the City, secured by a cash deposit,
to ensure the timely removal or permanent placement of stockpiled material.
Based on City Council input, City staff will incorporate these policy modifications and conduct
necessary outreach activities before returning with the proposed ordinances.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no financial impact related to this item.
ATTACHMENT:
1. Study Session PowerPoint
27
28
Study Session: Subdivisions
and Grading
PALM DESERT CITY COUNCIL
SEPTEMBER 12, 2024
9/12/2024 CITY COUNCIL STUDY SESSION 1
29
Why are we here?
▪Historically, the City has relied on discretionary processes to regulate design and
development (Design Review, discretion by staff and Commissions, Precise Plan).
▪Recent state legislation (SB 330 - Housing Crisis Act, Housing Accountability Act, SB
35, SB 9, SB 684) mandates ministerial (i.e., by-right) approvals for certain housing
developments
▪Only objective standards are enforceable.
▪Lack of enforceable objective standards can, and has resulted in:
▪Inconsistent outcomes for development
▪Project designs which do not meet decision-maker and resident values and expectations
▪Increased timelines for development review and approval
9/12/2024 CITY COUNCIL STUDY SESSION 2
30
Objectives
Provide input on Staff’s recommended Subdivision and Grading Ordinance
Amendments
▪Title 26 – Subdivisions
▪Implement new mandated State Housing Law requirements for administrative tract map
approval
▪Establish administrative review procedures for certain actions (Tentative Parcel Maps)
▪Title 27 – Grading
▪Clarify procedures for grading permit issuance
▪Align design requirements with General Plan Policy
▪Implement resident expectations
▪Enhance existing regulations for stockpiling
9/12/2024 CITY COUNCIL STUDY SESSION 3
31
Policy #1 – Senate Bill 684 Implementation
Issue #1: New State Housing Law – Streamlined Subdivision Approval. Aimed at promoting “starter
homes” for small lot subdivisions and townhouse/condominium developments.
Eligibility:
▪Multifamily zoning
▪Existing parcel less than 5 acres
▪Subdivision creating 10 lots or fewer.
▪Lots that are no smaller than 600 square-feet.
Issue #2: Code establish limited framework for administrative approvals. Many mapping actions
require Planning Commission approval.
Recommendation #1: Establish criteria for SB 684. Expand discretion of the City Engineer and
Development Services Director to approve certain mapping actions such as Tentative Parcel Maps.
9/12/2024 CITY COUNCIL STUDY SESSION 4
32
Policy #2 – Grading Permit Issuance
Issue: The ordinance is unclear and conflicting regarding the timing of issuance of a grading permit when
a mapping action is involved
Typical practice in many jurisdictions is to issue grading permits only after a final map is approved.
▪This ensures grading improvements are guaranteed by agreements and securities
Conflicting provision allows interpretation that grading permits can be issued prior to map approval.
▪Less secure for City
Recommendation: Require that if a final tract map is required, or approved for a site, no grading permit
shall be issued until the final map has been approved by the City Council.
9/12/2024 CITY COUNCIL STUDY SESSION 5
33
Policy #3 – Design Requirements for Building Pad
Elevations
Issue: The ordinance contains subjective language regarding “compatibility” of building pad elevations
subject to staff discretion.
▪Not enforceable under state mandates.
▪No clear criteria identifying design the City expects
▪Sensitive transition of heights are desired between new development and existing development.
Recommendation: Establish a grading pad elevation transition standard for infill developments, adjacent to
existing residential.
For new infill developments which abut existing (including approved) residential, the finished pad
elevation of the new development cannot exceed 5’-0” above the existing finished grade at property line.
Exceptions may be permissible for pad elevations necessitated by life safety factors such as drainage, on-site
retention, and stability (soils)
Exception for “Master Planned” developments.
9/12/2024 CITY COUNCIL STUDY SESSION 6
34
Policy #3 – Context
The Palm Desert Objective Design Standards for Multi-family and Mixed-Use Development adopted
in May 2024, established a transition standard for heights of buildings adjoining developments with
lower elevations (see below Standards 4.12)
In the Coachella Valley, City of La Quinta establishes a grading improvement standard for subdivisions
where the building pad elevation differential between lots does not exceed five feet.
9/12/2024 CITY COUNCIL STUDY SESSION 7
35
9/12/2024 CITY COUNCIL STUDY SESSION 8
The Enclave at Gerald Ford Drive and Gateway Drive
looking south
The Enclave at A Street and Gateway
Drive looking north
Policy #3 – Context
36
9/12/2024 CITY COUNCIL STUDY SESSION 9
Perimeter Retaining Wall on Dolce Avenue near
Gateway Drive looking east
Perimeter Retaining Wall on Dolce Avenue moving
east towards Cortesia Way
Policy #3 – Context
37
9/12/2024 CITY COUNCIL STUDY SESSION 10
Policy #3 – Context
Terraced retaining walls – Gateway Drive Looking
northwest toward Dinah Shore Drive
Pads below street retaining walls – Gateway Drive
Looking northeast towards existing business park
38
9/12/2024 CITY COUNCIL STUDY SESSION 11
Policy #3 – Context
TR 36351 (“Sage”) – Example Transition TR 36351 (“Sage”) – Example Transition – 2:1 Slope –
12’ Grade difference
39
9/12/2024 CITY COUNCIL STUDY SESSION 12
Policy #3 – Context
TR 36351 (“Sage”) – Example Transition TR 36351 (“Sage”) – Example Transition – 2:1 Slope –
15’ Grade difference + 6’ - 7’ block wall
40
9/12/2024 CITY COUNCIL STUDY SESSION 13
Policy #3 – Context
Urban Crossings South property line Monterey Ridge at eastern boundary
41
Policy #4 – Control of building Pad
Elevation
Issue: PDMC 27.12.045(C) requires pad elevations shown on preliminary grading remain
consistent on final plans
Deviations of 6” or greater require approval by the City Engineer and Development Services
Director.
Recommendation – Require any deviation be granted approval by the City Engineer and
Development Services Director with ability to forward to the Planning Commission.
9/12/2024 CITY COUNCIL STUDY SESSION 14
42
Policy #5 – Stockpiling Regulation
Issue: City has existing standards for stockpiling.
Expanded regulations will result in improved clarity
of process and City expectations.
Recommendation: Implement best practice
regulations for stockpiling
◦Dedicated Stockpile permit
◦Erosion control
◦Timing of stockpile (6 months)
◦Criteria for placement and visual impact
◦Securities and agreements for removal or permanent
placement
9/12/2024 CITY COUNCIL STUDY SESSION 15
43
Questions and
discussion
9/12/2024 CITY COUNCIL STUDY SESSION 16
44
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: September 12, 2024
PREPARED BY: Richard D. Cannone, AICP, Development Services Director
SUBJECT: STUDY SESSION: PROPOSED TEXT AMENDMENT TO PALM DESERT
MUNICIPAL CODE CHAPTER 2.18 BUILDING BOARD OF APPEALS
RECOMMENDATION:
Provide feedback on proposed text amendments to the Palm Desert Municipal Code Chapter
2.18, Building Board of Appeals.
BACKGROUND/ANALYSIS:
A recent appeal of the Building Official’s application of the Building Code related to emergency
egress to the Building Board of Appeals, and subsequent appeal of the Building Board of
Appeal’s decision to City Council, uncovered an inconsistency regarding what can be appealed.
The Building Board of Appeals, is the body that hears appeals on decisions made by the Building
Official; however, it does not include language prohibiting an appeal of a ministerial action or an
action that does not involve the exercise of administrative discretion or personal judgment, as is
the case with appeals that go directly to City Council.
To resolve this inconsistency and provide a general clean-up of PDMC Chapter 2.18, staff
proposes the following amendments:
1. Clarify Appeal Procedures: The strict enforcement of a building code standard by the
Building Official would no longer be appealable, because it does not include any
discretion or personal judgement and would align the procedures with appeals that go
directly to City Council.
2. Board Membership Requirement: Require that members possess a thorough
understanding of the California Building Code and related city regulations and ordinances.
3. Clarify Decision Authority: Include a new section to clarify the following:
a. The Building Board of Appeals has no authority to waive requirements of any code,
which is consistent with California Building Code Section 113.2.
b. The Building Board of Appeals shall either approve, approve with modifications, or
deny the appeal, and shall specify any conditions or limitations imposed.
c. The decision of the Building Board of Appeals shall be final, and a written decision
shall be sent to the appellant informing them that they may file an appeal with the
California Building Standards Commission (CBSC) pursuant to California
Administrative Code Section 1-303(a). This appeal procedure allows an individual
to file an appeal directly to CBSC, and not in conjunction with the City. The CBSC
is not obligated to act on or consider the appeal and may choose to either review
or reject it.
Given the technical nature of the California Building Code, the intent of the proposed amendment
is two-fold, it establishes a realistic expectation of what can be appealed and streamlines the
45
City of Palm Desert
Building Board of Appeals Code Amendment
Page 2 of 2
appeal process so that should an individual wish to appeal the Building Board of Appeals , the
matter can be directly appealed to the CBSC. If the appeal of the Building Board is heard by
City Council, a ruling in favor of the appellant would most likely require consideration by CBSC
before the action is final.
Legal Review:
This report has been reviewed by the City Attorney’s office.
FINANCIAL IMPACT:
There is no financial impact related to this item.
ATTACHMENT:
1. Presentation
46
BUILDING BOARD OF APPEALS
CODE UPDATE
CITY COUNCIL STUDY SESSION
SEPTEMBER 12, 2024
47
Purpose
The purpose of the proposed update is two-fold:
1.Establish a realistic expectation of what can be appealed.
09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 2
2.Streamline the appeal process.
•Building Board of Appeals (BBA) final decision
•Appeal of BBA may be appealed to the California Building Standards
Commission
48
Recommendation
1.Clarify Appeal Procedures
The strict enforcement of a building code standard by the Building Official would no longer be appealable.
o Aligns with the appeal procedures for City Council
Cannot appeal a ministerial decision that does not involve the exercise of administrative discretion or personal judgment.
2.Update Board Membership Requirement
Require that members possess a thorough understanding of the California Building Code and related city regulations
and ordinances.
09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 3
49
Recommendation
3.Clarify Decision Authority
BBA has no authority to waive requirements of any code, which is consistent with California Building Code Section
113.2.
BBA shall either approve, approve with modifications, or deny the appeal, and shall specify any conditions or
limitations imposed.
BBA decision shall be final, and a written decision shall be sent to the appellant informing them that they may file
an appeal with the CBSC pursuant to California Administrative Code Section 1-303(a).
o This appeal procedure allows an individual to file an appeal directly to CBSC, and not in conjunction with the City.
o The CBSC is not obligated to act on or consider the appeal and may choose to either review or reject it.
09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 4
50
Discussion
09/12/2024 STUDY SESSION -BUILDING BOARD OF APPEALS 5
51
52
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 22, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: STUDY SESSION: DRAFT POLICY CLRK-002: THREATS OF VIOLENCE
DIRECTED TOWARDS COUNCIL MEMBERS AND CANDIDATES, AND
CONSIDERATION OF FIREARMS RESTRICTIONS ON CITY PROPERTY
RECOMMENDATION:
1. Provide feedback on the draft Policy CLRK-002: Threats of Violence directed towards
Council Members and Candidates.
2. Provide feedback on whether staff should explore the development of an ordinance that
prohibits all firearms, including those held by Concealed Weapon Permit holders, on City
property.
BACKGROUND/ANALYSIS:
The proposed Policy CLRK-002 was developed to establish formal protocols for handling and
responding to threats of violence directed toward Council Members and Candidates. This policy
includes procedures for reporting threats, involving law enforcement, and ensuring
confidentiality. The policy comes in response to recent threats directed at a Council Member.
While these threats have gained public attention, the City is committed to handling them
discreetly, in compliance with legal guidelines and best practices for public safety.
The key provisions of Policy CLRK-002 include:
1. Immediate Reporting: Council Members, Candidates, and staff must immediately report
any threats to the City Manager and law enforcement.
2. Law Enforcement Involvement: Law enforcement will assess the risk and determine
the necessary actions, including potential investigations and protective measures.
3. Confidentiality: All details of the threats will be kept confidential and shared only with
necessary personnel to ensure the safety of those involved.
4. Facility Access Control: Guidelines are established to limit unauthorized access to City
Hall during off-hours to minimize vulnerabilities.
5. Training: Regular training will be conducted for relevant staff and officials to ensure
preparedness for handling threats.
6. Public Communication: The City Manager or designee, in coordination with law
enforcement, will handle any necessary public communication regarding threats,
ensuring that investigations and individual safety are not compromised.
The policy is aligned with the City’s Workplace Violence Prevention Plan (WVPP) and complies
with state regulations, including SB 553, which mandates proactive measures for preventing
workplace violence.
53
City of Palm Desert
Policy on Threats of Violence Directed Towards Council Members and Candidates
Page 2 of 2
In response to recent events, City staff researched California laws and found that California
Penal Code Section 171b prohibits individuals from bringing or possessing firearms and other
specified weapons into state or local public buildings. Additionally, Palm Desert Municipal Code
Chapter 2.52 (Workplace Policies) prohibits City employees from possessing firearms or other
weapons on City property. However, these provisions do not explicitly prohibit holders of
Concealed Weapon Permits from carrying concealed firearms on City property. Due to the
heightened security concerns from recent events, staff is seeking direction on whether to further
research the possibility of enacting an ordinance that would prohibit all firearms, including those
carried by CWP holders, on City property.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENT:
1. Policy CLRK-002, Threats of Violence Directed Towards Council Members and Candidates
54
CITY OF PALM DESERT
ADMINISTRATIVE PROCEDURES
Subject THREATS OF VIOLENCE DIRECTED TOWARD
COUNCILMEMBERS AND CANDIDATES
Policy No. CLRK-002
Date Approved:
Amended:
Approved by Resolution No. 2024-____
Authored by Anthony J. Mejia, City Clerk
I. PURPOSE
To establish a protocol for responding to threats of violence received by or directed toward
Council Members and Candidates.
II. SCOPE
This policy applies to all City staff and officials who may become aware of threats of
violence directed at Council Members or Candidates. This policy supplements the
Workplace Violence Prevention Plan which would otherwise exclude candidates.
III. DEFINITIONS
A. Candidate: An individual who has filed the necessary paperwork and is actively
campaigning for election to the Palm Desert City Council, in compliance with
applicable election laws and regulations.
B. Confidentiality: The obligation to keep all details related to threats, investigations,
and protective measures private and to share such information only with
authorized individuals as necessary for the safety and security of Council
Members, Candidates, and City personnel.
C. Council Member: An individual currently serving in an elected capacity on the City
Council of Palm Desert.
D. Law Enforcement Authorities: This refers to any local, state, or federal agency
responsible for enforcing laws and protecting public safety. This may include the
local police department, sheriff’s office, or other agencies involved in investigating
and responding to threats.
E. Threat of Violence - Any verbal or written statement, including, but not limited to,
texts, electronic messages, social media messages, or other online posts, or any
behavioral or physical conduct, that conveys an intent, or that is reasonably
perceived to convey an intent, to cause physical harm or to place someone in fear
of physical harm, and that serves no legitimate purpose.
F. Workplace Violence Prevention Plan (WVPP): A policy adopted by the City of
Palm Desert designed to prevent and respond to incidents of violence in the
workplace, ensuring the safety and well-being of employees. This plan is
referenced in conjunction with this policy but excludes Candidates.
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Administrative Procedures Manual CLRK-002
Citywide Records Management Policy Page 2 of 3
IV. POLICY
A. Responsibilities of Council Members and Candidates:
1. Reporting Threats of Violence: Any Council Member or Candidate who
perceives, experiences, or believes there is a threat to their safety must
immediately report the threat to the City Manager and law enf orcement authorities.
This includes threats made in person, through electronic communications, or via
other means.
2. Basic Due Diligence: Council Members and Candidates are responsible for
taking basic safety precautions in the event of a threat, such as:
a. Notifying law enforcement immediately if the threat appears imminent.
b. Avoiding public appearances or activities that may increase risk until guidance
from law enforcement is received.
c. Keeping a record of any threatening communications or actions, including
written or digital communications, recordings, or eyewitness statements, to
assist in any investigation.
3. Cooperation with Law Enforcement: Council Members and Candidates must
fully cooperate with law enforcement in the investigation and assessment of any
threats of violence. This includes providing all relevant details and following any
recommended safety measures.
4. Confidentiality: Council Members and Candidates must also maintain the
confidentiality of the investigation and avoid sharing details about t he threat with
unauthorized individuals, unless advised otherwise by law enforcement.
5. Facility Access Control:
a. Council Members are prohibited from inviting members of the public into City
Hall after hours or on weekends without a special exception from the City
Manager. This restriction is intended to reduce vulnerabilities during times
when staff and law enforcement presence may be limited.
b. Family members or guests of Council Members may be permitted to visit their
offices or take brief tours of City Hall, but entry into employee-only areas is
strictly prohibited unless authorized by the City Manager. Guests must remain
under the direct supervision of the Council Member while on City premises .
B. Training:
The City shall provide regular training to relevant staff and officials on recognizing,
reporting, and responding to threats of violence, specifically including those directed
toward Council Members and Candidates. This training should include scenarios and
best practices to ensure preparedness. This training is to be conducted in alignment
with the City’s Workplace Violence Prevention Plan (WVPP) to ensure comprehensive
safety measures across all departments, as mandated by SB 553.
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Administrative Procedures Manual CLRK-002
Citywide Records Management Policy Page 3 of 3
C. Immediate Reporting:
Any City employee, official, or individual who becomes aware of a threat of violence
directed at a Council Member or Candidate must report the threat as soon as
reasonably possible to the City Manager and local law enforcement authorities.
The report should include all available details of the threat, including the nature of
the threat, how it was received, and any identifying information about the person
making the threat.
D. Law Enforcement Involvement:
The City Manager or designee will ensure that the threat is communicated to law
enforcement and/or appropriate personnel for assessment and appropriate action.
Law enforcement will determine the level of risk and take necessary steps to protect
the Council Member or Candidate, which may include monitoring, investigation, or
providing protective services.
E. Confidentiality:
The identity of the Council Member or Candidate and the details of the threat shall
be kept confidential, shared only on a need-to-know basis with law enforcement and
key City officials.
F. Communication:
The City Manager or designee, in consultation with law enforcement, will guide the
Council Member or Candidate on appropriate steps to take, including any changes
to their public schedule or activities.
Any public communication about the threat will be handled by the City Manager or
designee in coordination with law enforcement, ensuring that the information released
does not compromise the investigation or the safety of the individual involved.
G. Policy Updates and Amendments:
This policy may be amended or updated as needed to reflect changes in the law,
organizational structure, or operational needs. It shall be reviewed periodically to
ensure alignment with the City’s WVPP and compliance with applicable state laws,
including SB 553. All amendments shall be approved by the City Manager and
communicated to relevant staff.
H. Effective Date:
This policy is effective immediately and shall remain in effect until amended or
rescinded by the City Manager or City Council.
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58
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: September 12, 2024
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of September 12, 2024
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
ITEM 2d: STUDY SESSION: DRAFT POLICY CLRK-002: THREATS OF VIOLENCE DIRECTED
TOWARDS COUNCIL MEMBERS AND CANDIDATES, AND CONSIDERATION OF
FIREARMS RESTRICTIONS ON CITY PROPERTY
Attached is an updated draft of Policy CLRK-002, which now includes a provision requiring that
this policy be distributed to candidates and Council Members during orientation meetings.
Additionally, an Incident Response Checklist has been developed to offer comprehensive
guidance on responding to threats of violence directed toward these individuals.
ITEM 13a: APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY
MINUTES
Please find attached an update to the City Council meeting minutes from August 22, 2024, for
your review and approval (Redline on Pages 13 and 15 of the minutes).
ITEM 14a: DIRECTION ON A RESOLUTION BEING CONSIDERED AT THE LEAGUE OF
CALIFORNIA CITIES’ GENERAL ASSEMBLY MEETING
Q1: Are there any existing rules or regulations where state legislators currently face more
stringent standards than local officials, such that pursuing equal treatment could result in
additional restrictions being placed on local officials?
A1: Yes, there are several areas where state legislators currently face more stringent regulations than
local officials, which could result in additional restrictions being placed on local officials if equal
treatment is pursued:
1. Legislative Transparency and Reporting: The California Legislature is subject to Article IV,
Section 7 of the California Constitution, which mandates that the proceedings of the Legislature
must be open and public, with limited exceptions. However, there are additional transparency
and reporting requirements placed specifically on the Legislature through laws like the
Legislative Open Records Act (LORA), which mandates public access to legislative records.
While local officials are subject to the Public Records Act (PRA), LORA applies specifically to
the Legislature, and certain records, such as those related to public employee salary data or
budgeting, may have stricter public disclosure requirements for state officials.
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09/12/2024 Question & Answer Memo
Page 2 of 3
2. Campaign Contribution Reporting: Under California's Political Reform Act, state legislators
face stricter reporting and disclosure requirements for campaign contributions, including higher
penalties for violations compared to local officials. State candidates and officeholders are
subject to more frequent and detailed reporting for contributions over certain thresholds, which
must be disclosed within shorter timeframes than those required for many local officials.
3. Conflict of Interest Rules (Form 700): Both state and local officials are required to file financial
disclosures (Form 700), but state legislators are subject to stricter scrut iny under Government
Code Section 87100, which prohibits state lawmakers from making or participating in
governmental decisions in which they have a financial interest. While local officials also file Form
700s, state officials may face additional investigation or higher penalties for non-compliance due
to increased public scrutiny and enforcement mechanisms overseen by the Fair Political
Practices Commission (FPPC).
4. Restrictions on Lobbying: State legislators are subject to lobbying disclosure laws under the
Lobbyist Registration Act, which imposes stricter limitations and reporting requirements for gifts,
donations, and contacts made by lobbyists. These rules are generally more detailed and
restrictive than those applied to local officials, where lobbying activities are less regulated unless
specifically adopted by a city or county ordinance.
5. Legislative Reform Act of 1990: This Act imposes term limits on members of the California
Legislature. State Senators can serve a maximum of 12 years, whether in the Assembly or the
Senate, while local officials in many cities and counties may not have the same term limit
restrictions, unless a local law or charter specifies them.
ITEM 14b: APPOINTMENTS TO AN AD HOC CITY COUNCIL SUBCOMMITTEE ON THE UNIFIED
DEVELOPMENT CODE
Q1: How will the proposed subcommittee's work align with or differ from the work being done
by the downtown zoning subcommittee?
A1: The Ad Hoc Subcommittee on the Unified Development Code (UDC) is focused on reviewing and
streamlining procedures while modernizing and ensuring consistency with regulations from
multiple areas (such as zoning, landscaping, subdivisions, grading, and environmental issues)
into a single cohesive document. While the downtown zoning subcommittee focuses more
specifically on zoning-related issues within the downtown area, the UDC subcommittee will cover
a broader range of regulations citywide, including zoning, but also other development-related
policies and procedures. The two subcommittees may have some overlapping areas of interest,
particularly when downtown-specific zoning regulations are integrated into the UDC, but their
scope of work differs significantly.
Q2: Considering that three Council members are currently up for re-election, would it be
prudent to consider postponing this appointment until after the election?
A2: Given the potential for disruption if members are not re-elected and the relatively short time until
the election, it may be prudent to defer the appointment until after the election. This ensures
stability in the subcommittee's composition and reduces the need for reappointments, allowing the
subcommittee to work more effectively and continuously. Additionally, deferring these
appointments will not delay the overall timeline of the project.
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09/12/2024 Question & Answer Memo
Page 3 of 3
ITEM 14c: CONSIDERATION OF A SPONSORSHIP REQUEST FOR THE TOUR DE PALM
SPRINGS IN COACHELLA VALLEY
Q1: Do we have specific cost estimates for law enforcement, traffic control plans, barricades,
and road closures? Additionally, does the proposed $30,000 sponsorship fully cover or
exceed these anticipated costs?
A1: We do not currently have specific cost estimates for law enforcement, barricades, or road
closures. To accurately assess these costs, a traffic control plan for the Palm Desert start needs
to be developed. Once this plan is finalized, we will obtain quotes for its implementation and
estimate the public safety services required. While it is anticipated that the $30,000 sponsorship
will be sufficient to cover or closely match the projected costs, it's worth noting that Palm Springs
incurred $113,000 for similar services at this year’s event, though their start and event area were
significantly larger.
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62
CITY OF PALM DESERT
ADMINISTRATIVE PROCEDURES
Subject THREATS OF VIOLENCE DIRECTED TOWARD
COUNCILMEMBERS AND CANDIDATES
Policy No. CLRK-002
Date Approved:
Amended:
Approved by Resolution No. 2024-____
Authored by Anthony J. Mejia, City Clerk
I. PURPOSE
To establish a protocol for responding to threats of violence received by or directed toward
Council Members and Candidates.
II. SCOPE
This policy applies to all City staff and officials who may become aware of threats of
violence directed at Council Members or Candidates. This policy supplements the
Workplace Violence Prevention Plan which would otherwise exclude candidates.
III. DEFINITIONS
A. Candidate: An individual who has filed the necessary paperwork and is actively
campaigning for election to the Palm Desert City Council, in compliance with
applicable election laws and regulations.
B. Confidentiality: The obligation to keep all details related to threats, investigations,
and protective measures private and to share such information only with
authorized individuals as necessary for the safety and security of Council
Members, Candidates, and City personnel.
C. Council Member: An individual currently serving in an elected capacity on the City
Council of Palm Desert.
D. Law Enforcement Authorities: This refers to any local, state, or federal agency
responsible for enforcing laws and protecting public safety. This may include the
local police department, sheriff’s office, or other agencies involved in investigating
and responding to threats.
E. Threat of Violence - Any verbal or written statement, including, but not limited to,
texts, electronic messages, social media messages, or other online posts, or any
behavioral or physical conduct, that conveys an intent, or that is reasonably
perceived to convey an intent, to cause physical harm or to place someone in fear
of physical harm, and that serves no legitimate purpose.
F. Workplace Violence Prevention Plan (WVPP): A policy adopted by the City of
Palm Desert designed to prevent and respond to incidents of violence in the
workplace, ensuring the safety and well-being of employees. This plan is
referenced in conjunction with this policy but excludes Candidates.
63
Administrative Procedures Manual CLRK-002
Citywide Records Management Policy Page 2 of 5
IV. POLICY
A. Responsibilities of Council Members and Candidates:
1. Reporting Threats of Violence: Any Council Member or Candidate who
perceives, experiences, or believes there is a threat to their safety must
immediately report the threat to the City Manager and law enf orcement authorities.
This includes threats made in person, through electronic communications, or via
other means.
2. Basic Due Diligence: Council Members and Candidates are responsible for
taking basic safety precautions in the event of a threat, such as:
a. Notifying law enforcement immediately if the threat appears imminent.
b. Avoiding public appearances or activities that may increase risk until guidance
from law enforcement is received.
c. Keeping a record of any threatening communications or actions, including
written or digital communications, recordings, or eyewitness statements, to
assist in any investigation.
3. Cooperation with Law Enforcement: Council Members and Candidates must
fully cooperate with law enforcement in the investigation and assessment of any
threats of violence. This includes providing all relevant details and following any
recommended safety measures.
4. Confidentiality: Council Members and Candidates must also maintain the
confidentiality of the investigation and avoid sharing details about t he threat with
unauthorized individuals, unless advised otherwise by law enforcement.
5. Facility Access Control:
a. Council Members are prohibited from inviting members of the public into City
Hall after hours or on weekends without a special exception from the City
Manager. This restriction is intended to reduce vulnerabilities during times
when staff and law enforcement presence may be limited.
b. Family members or guests of Council Members may be permitted to visit their
offices or take brief tours of City Hall, but entry into employee-only areas is
strictly prohibited unless authorized by the City Manager. Guests must remain
under the direct supervision of the Council Member while on City premises .
B. Training:
The City shall provide regular training to relevant staff and officials on recognizing,
reporting, and responding to threats of violence, specifically including those directed
toward Council Members and Candidates. This training should include scenarios and
best practices to ensure preparedness. The policy will also be provided during
candidate orientations and new Council Member orientations to ensure all individuals
are familiar with the procedures and protocols. This training is to be conducted in
alignment with the City’s Workplace Violence Prevention Plan (WVPP) to ensure
comprehensive safety measures across all departments, as mandated by SB 553.
64
Administrative Procedures Manual CLRK-002
Citywide Records Management Policy Page 3 of 5
C. Immediate Reporting:
Any City employee, official, or individual who becomes aware of a threat of violence
directed at a Council Member or Candidate must report the threat as soon as
reasonably possible to the City Manager and local law enforcement authorities.
The report should include all available details of the threat, including the nature of
the threat, how it was received, and any identifying information about the person
making the threat. Refer to Exhibit A for a step-by-step checklist on the immediate
reporting procedures and necessary actions following the receipt of a threat.
D. Law Enforcement Involvement:
The City Manager or designee will ensure that the threat is communicated to law
enforcement and/or appropriate personnel for assessment and appropriate action.
Law enforcement will determine the level of risk and take necessary steps to protect
the Council Member or Candidate, which may include monitoring, investigation, or
providing protective services.
E. Confidentiality:
The identity of the Council Member or Candidate and the details of the threat shall
be kept confidential, shared only on a need-to-know basis with law enforcement and
key City officials.
F. Communication:
The City Manager or designee, in consultation with law enforcement, will guide the
Council Member or Candidate on appropriate steps to take, including any changes
to their public schedule or activities.
Any public communication about the threat will be handled by the City Manager or
designee in coordination with law enforcement, ensuring that the information released
does not compromise the investigation or the safety of the individual involved.
G. Policy Updates and Amendments:
This policy may be amended or updated as needed to reflect changes in the law,
organizational structure, or operational needs. It shall be reviewed periodically to
ensure alignment with the City’s WVPP and compliance with applicable state laws,
including SB 553. All amendments shall be approved by the City Manager and
communicated to relevant staff.
H. Effective Date:
This policy is effective immediately and shall remain in effect until amended or
rescinded by the City Manager or City Council.
65
Administrative Procedures Manual CLRK-002
Citywide Records Management Policy Page 4 of 5
EXHIBIT A
INCIDENT RESPONSE CHECKLIST: THREATS OF VIOLENCE
Immediate Reporting (Reporting Party)
☐ Report any threat (verbal, written, electronic, etc.) to the City Manager and law
enforcement authorities immediately.
☐ Include all available details in the report (e.g., nature of the threat, how it was received,
and any information about the person making the threat).
Responsibilities of Council Members and Candidates
☐ Take basic safety precautions (e.g., avoiding public appearances or high -risk activities
until guidance is received from law enforcement).
☐ Document any threatening communications or actions to assist investigations.
☐ Do not share details of the threat with unauthorized individuals unless directed
otherwise by law enforcement.
Risk Assessment and Mitigation (City Manager’s Office)
☐ Ensure law enforcement is requested to conduct a risk assessment.
☐ Review security procedures and any vulnerabilities exposed by the incident.
☐ Conduct a security audit of facilities and adjust access controls, surveillance, or other
measures as necessary.
Guidance from City Manager and Law Enforcement
☐ The City Manager or designee, in consultation with law enforcement, will advise the
Council Member or Candidate on any immediate steps to take, including changes to
their public schedule or activities.
☐ Ensure that the Council Member or Candidate is advised on safe transportation
options, including escorts if necessary.
☐ Determine whether the Council Member or Candidate should temporarily work
remotely or limit exposure at public facilities such as City Hall.
☐ Advise on any necessary changes to communications, such as limiting public access
to contact information or social media accounts.
☐ Establish a direct line of communication between the Council Member or Candidate
and designated law enforcement personnel for real-time updates and support.
Coordination with Legal and Communications Teams (City Manager’s Office)
☐ Coordinate with the legal team to ensure compliance with relevant laws and any
potential legal ramifications.
☐ Review any necessary legal filings, restraining orders, or other legal actions that
should be taken following the threat.
☐ Collaborate with the City’s Communications Team for a controlled public response,
ensuring that messaging aligns with safety and confidentiality protocols.
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Administrative Procedures Manual CLRK-002
Citywide Records Management Policy Page 5 of 5
Post-Incident Review and Documentation (City Manager’s Office)
☐ Conduct a debriefing with law enforcement, the City Manager, and relevant personnel
to review the incident.
☐ Update the City's threat database or incident log with pertinent information to track
recurring issues or patterns.
☐ Identify any areas for policy improvement or further training based on the incident.
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68
CITY OF PALM DESERT
STUDY SESSION:
THREATS OF VIOLENCE AGAINST
CITY COUNCIL AND CANDIDATES
SEPTEMBER 12, 2024
69
PURPOSE
Establish a protocol for responding to threats directed
toward Council Members and Candidates.
Ensure coordinated and immediate action to safeguard
individuals.
Supplements the City’s Workplace Violence Prevention Plan
(WVPP), which excludes candidates.
70
ELEMENTS OF THE POLICY
Scope
Definitions
Responsibilities of the Council Members and Candidates
Reporting Threats of Violence
Basic Due Diligence
Cooperation with Law Enforcement
Confidentiality
Facility Access Control
71
ELEMENTS OF THE POLICY
Training
Regular Training for City Staff
Candidate and New Council Member Orientation
Immediate Reporting
Law Enforcement Involvement
Confidentiality
Communication
Policy Updates & Amendments
72
INCIDENT RESPONSE CHECKLIST
Reporting Party Responsibilities
Responsibilities of the Council Member and Candidate
Risk Assessment and Mitigation (City Manager’s Office)
Guidance from City Manager and Law Enforcement
Coordination with Legal and Communication Teams
Post-Incident Review and Documentation (City Manager’s Office)
73
CONCEALED WEAPONS
CA Penal Code 171b prohibits individuals from bringing or
possessing firearms or other specified weapons into state or
local public buildings.
PDMC 2.52 (Workplace Policies) prohibits City employees
from possessing firearms or other weapons on City property.
However, the provisions do not explicitly prohibit holders of
Concealed Weapon Permits from carrying concealed
firearms on City property.
74
CONCEALED WEAPONS
QUESTION
Should City staff and the City Attorney further research whether the City
may enact an ordinance that would prohibit all firearms, including those
carried by CWP holders, on City property, particularity at City Hall?
75
76
From:Brad Anderson
To:CouncilMeeting Comments; CouncilMeeting Comments; CityClerk
Subject:Public Comment - City of Palm Desert (study session) Item: 2.d
Date:Thursday, September 12, 2024 2:54:16 AM
September 12, 2024
City of Palm Desert
City Council / City Hall
73510 Fred Waring Dr.
Palm Desert, CA. 92260
Attention: Clerk of the Board/Council Members/City Manager/General Public
Re: Written letter to be entered in the Public record and made available for public Inspection
for the September 12, 2024, City of Palm Desert Council meeting - Agenda Item: 2.d
(Discussion topic: proposed Firearms restrictions)
Dear current City Council members,
Please review my written statements listed below prior to the city council discussion of
study session, agenda Item: 2.d (titled: Draft policy CLRK-002 Firearms restrictions). Please
be aware, on many occasions the City of Palm Desert was notified of potential unlawful
actions associated with the Citys current restriction to deny residents and guests the
opportunity to provide verbal Public testimony (In person or remotely) on any topic listed on
the Citys posted study session meeting agenda.
It's also been observed that the city council study session meeting agendas has No listed "Non-
Agenda" Item printed or considered to be constructed for the public to approach the City
Council to voice concerns (petition the government).
Please join California's long established Brown Act safeguards, and best practice protocols by
allowing people to participate (if they desire) in the Public business at precived open Public
meetings (Study Sessions) of the Palm Desert City Council.
Please record this strong opposition to "Any" attempt to restrict/eliminate or suspend one's
absolute right to legally process a firearm (If desired) within Palm Desert City boundaries.
It's reasonable to consider that selected City Council members (and potentially city staff
members) have inflation false narratives/claims of threats in a demented attempt to disarm
Coachella Valley Resident's and foster unfounded fearmongering techniques among the
population to potentially gain political favor.
Furthermore, city resources (tax collected dollars) are being expelled through city staff time
with constructing such a unconstitutional proposal with the scheduling and conducted "closed
to public partispation" precived open Public meeting (Study session) of the very people (City
Council) that have forwarded this potentially political maneuver for consideration.
The subject of gun control measures are clearly outside the authority and duties of the Palm
Desert City Council to perform. With the recent City Council vote to allow city voter's to
decide on an increase in sale tax for this November 2024 election ballot - it's critical to
remember that the current City Council has failed their residents and businesses by not living
77
within the Citys budget and expelling city resources without consideration for it's growing
population.
Sincerely,
Brad Anderson | Rancho Mirage, CA. 92270
Cc;
78