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HomeMy WebLinkAboutAgenda Package - StudySession_Oct10_2024 PALM DESERT CITY COUNCIL STUDY SESSION MEETING AGENDA Thursday, October 10, 2024 3:15 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: CityClerk@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 STUDY SESSION: DISCUSSION ON A DRAFT ORDINANCE AMENDING THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF FIREARMS AT CITY HALL 3 RECOMMENDATION: Provide feedback on a draft ordinance amending the Palm Desert Municipal Code to prohibit the possession of firearms at City Hall. 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, CMC Assistant City Clerk City Council Study Session October 10, 2024 2 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: October 10, 2024 PREPARED BY: Anthony J. Mejia, City Clerk SUBJECT: STUDY SESSION: DISCUSSION ON A DRAFT ORDINANCE AMENDING THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF FIREARMS AT CITY HALL RECOMMENDATION: Provide feedback on a draft ordinance amending the Palm Desert Municipal Code to prohibit the possession of firearms at City Hall. BACKGROUND/ANALYSIS: On September 12, 2024, the City Council held a Study Session to review and provide feedback on a proposed policy addressing threats of violence against Council Members and candidates, as well as firearm restrictions at City Hall. The City Council expressed support for the draft policy and directed staff to further explore legal options for restricting firearms at City Hall. California Penal Code Section 171b prohibits firearms in state and local public buildings; however, it does not explicitly extend this prohibition to individuals with Concealed Weapon Permits (CWP). The proposed ordinance addresses this gap by extending the prohibition to all individuals, including CWP holders, with specific exemptions for law enforcement and other authorized personnel. Key Provisions: 1. Firearms Prohibited: It shall be unlawful for any person to bring or possess a firearm, whether concealed or otherwise, on the premises of Palm Desert City Hall. This prohibition applies to all individuals, including those with Concealed W eapon Permits (CWP). 2. Exemptions: The ordinance provides specific exemptions for law enforcement officers and other authorized personnel, such as security personnel, performing their official duties. 3. Sensitive Places: Palm Desert City Hall shall be designated as a "sensitive place," a legal term recognized by the U.S. Supreme Court, where restrictions on firearms are permitted due to the nature of the activities and the presence of public officials and citizens. 4. Penalties: Violations of the ordinance are sub ject to penalties under the Palm Desert Municipal Code, including infractions for first offenses and potential misdemeanors for repeat violations. Legal Review: This report has been reviewed by the City Attorney’s Office. 3 City of Palm Desert Study Session: Ordinance to Prohibit Firearms at Palm Desert City Hall Page 2 of 2 FINANCIAL IMPACT: There will be a nominal cost associated with posting signage at all City Hall entrances to notify the public of the firearm prohibition. This cost is estimated to be minimal and can be absorbed within the existing budget. ATTACHMENT: 1. Draft Ordinance 4 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.68 OF TITLE 9 OF THE PALM DESERT MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF FIREARMS AT CITY HALL City Attorney’s Summary This ordinance establishes regulations to restrict the possession of firearms at Palm Desert City Hall in order to safeguard City employees, visitors, and the public. It prohibits the carrying of firearms, whether concealed or not, by members of the public at City Hall, with certain exemptions for law enforcement and others authorized under specific conditions. This ordinance outlines penalties for violations and provides severability to ensure continued enforcement of valid provisions. This ordinance is enacted in the interests of public safety, reducing potential firearm-related injuries and fatalities, and minimizing City liability. WHEREAS, the City has compelling interests in protecting the safety of City employees and members of the public who congregate at, or visi t, City Hall; in enabling the public to visit City Hall without fear of firearm -related violence or accidental firearm- related injuries; in reducing the potential for firearm-related fatalities and injuries at City Hall; in reducing security costs and minimizing City liability for injuries or deaths at City Hall caused by firearms; and to prevent City property from being used to facilitate activities that can endanger public safety and health; and WHEREAS, the incidence of firearm-related fatalities and injuries has reached alarming and unacceptable levels at the national, state, and local levels, as evidenced by reports and statistics highlighting gun violence in both Riverside County and neighboring regions, including incidents such as the armed standoff at Riverside City Hall in 1998, where a man barricaded himself with a firearm and took a hostage; the 2010 shooting inside the Riverside City Hall council chamber, where a man opened fire during a City Council meeting, wounding several people; and the San Bernardino mass shooting on December 2, 2015, where two assailants opened fire at the Inland Regional Center in San Bernardino, killing 14 people and injuring 22 others in an act of terrorism; in addition to other tragic events; and WHEREAS, while the United States Supreme Court has made clear that the Second Amendment to the United States Constitution imposes certain restrictions on the states’ ability to regulate firearms, it has recognized that the Second Amendment is not a “regulatory straightjacket.” N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, 2133. Indeed, the Second Amendment allows states to adopt a “variety” of gun regulations. Id. at 2162. And when it comes to restrictions on carrying firearms in public, the Supreme Court has recognized that states may restrict the carrying of firearms in “sensitive places.” Id. at 2133; see also McDonald v. City of Chicago (2010) 561 U.S. 742, 786; District of Columbia v. Heller (2008) 554 U.S. 570, 626. 5 Ordinance No. _____ Page 2 THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendment to Municipal Code. Palm Desert Municipal Code Chapter 9.68, Discharge of Firearms, is hereby renamed as Chapter 9.68, Firearms. SECTION 2. Section 9.68.060 Added. Section 9.68.060 (Possession of Firearms at City Hall) of Chapter 9.68 (Firearms) of Title 9 (Public Peace, Morals and Welfare) is hereby adopted to read as follows: 9.68.060. Possession of Firearms at City Hall. (a) Purpose and intent. The purpose of this section is to protect the safety of City employees and members of the public who congregate at, or visit, City Hall; to enable the public to visit City Hall without fear of firearm -related violence or accidental firearm-related injuries; reduce the potential for firearm-related fatalities and injuries at City Hall; reduce security costs and minimize City liability for injuries or deaths at City Hall caused by firearms; and to prevent City Hall from being used to facilitate activities that can endanger public safety and health. (b) Definitions. The following words and phrases, as used in this section, are defined as followed: (1) "City Hall" means the primary administrative building of the City of Palm Desert, located at 73-510 Fred Waring Drive, including the parking areas that are part of the City Hall complex. (2) "Firearm" means any gun, pistol, revolver, rifle, or any device that is designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion. "Firearm" does not include imitation firearms, BB guns, or air rifles as defined in Penal Code 16700 or any successor legislation. (c) Possession of firearms at City Hall unlawful. It shall be unlawful for any person to bring onto or possess a firearm at City Hall, whether loaded or unloaded. (1) This prohibition applies to persons licensed to carry a concealed firearm unless exempt under subsection (d) of this section. (d) Exemptions. Subsection (c) does not apply to the following: (1) A federal, state, or local law enforcement officer when such person is authorized to carry a concealed weapon or a loaded firearm under state law 6 Ordinance No. _____ Page 3 or under 18 U.S.C. section 926B or section 926C or any successor legislation. (2) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded weapon under state or federal law. (3) A security guard or messenger of a financial institution, a guard of a contract carrier operating an armored vehicle, a licensed private investigator, a patrol operator, an alarm company operator, or security guard, when such persons are authorized by applicable state or federal law to carry a firearm and when such persons are engaged in the exercise of their official duti es at City Hall. (4) A person lawfully possessing an unloaded firearm in the locked trunk of, or inside a locked container in, a motor vehicle that is parked in a public parking area at City Hall, provided the firearm is not removed from the vehicle while on City Hall property. (e) Penalties. Any person violating any of the provisions of this section shall be guilty of an infraction punishable as set forth in Chapter 1.12 of this Code. Subsequent violations within a twelve-month period may, at the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. SECTION 3. Section 9.68.070 Added. Section 9.68.070 (Carrying Concealed Firearms in Sensitive Places) of Chapter 9.68 (Firearms) of Title 9 (Public Peace, Morals and Welfare) is hereby adopted to read as follows: 9.68.070. Carrying Concealed Firearms in Sensitive Places. (a) Purpose and intent. The purpose and intent of this section is to define “sensitive places” within the City of Palm Desert, consistent with the provisions of N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, in order to protect public health and safety. (b) Definitions. The following words and phrases, as used in this section, are defined as followed: (1) “Concealed firearm” has the meaning defined in Section 25400 of the California Penal Code or any successor legislation. (2) “Licensee” means a person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Sections 26150, 26155, or 26170 of the California Penal Code. (3) “Sensitive place” means City Hall as defined in Section 9.68.060(b)(1) of 7 Ordinance No. _____ Page 4 this Code. (c) Prohibition of concealed firearms in sensitive places. A licensee shall not carry a firearm on or into any sensitive place. (d) Exemptions. Subsection (c) does not apply to the following: (1) Possession of firearms at City Hall, if exempt under 9.68.060(d) of this chapter; (2) A licensee lawfully possessing an unloaded firearm in the locked trunk of, or inside a locked container in, a motor vehicle that is parked in a public parking area at City Hall, provided the firearm is not removed from the vehicle while on City Hall property. (e) Penalties. Any person violating any of the provisions of this chap ter shall be guilty of an infraction punishable as set forth in Chapter 1.12 of this Code. Subsequent violations within a twelve-month period may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. SECTION 4. Enforcement. The City Manager is authorized and directed to implement and enforce this ordinance, including the posting of appropriate signage at all entrances to City Hall, indicating that firearms are prohibited. SECTION 5. CEQA Exemption. The City Council finds that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the "common sense" exemption, because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid . SECTION 7. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. 8 Ordinance No. _____ Page 5 ADOPTED ON ___________________, 2024. KARINA QUINTANILLA MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 20 24, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ____________________. ANTHONY J. MEJIA CITY CLERK 9