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Home My WebLink About7/13/2016 - STAFF REPORTS - 1.F. PALM$ pa �y V N °4OF0�N City Council Staff Report DATE: July 13, 2016 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1895 RELATING TO ALL-GENDER RESTROOMS IN BUSINESSES AND PUBLIC ACCOMMODATIONS. FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1895. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1895, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE IX TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO ALL-GENDER RESTROOMS IN BUSINESSES AND PUBLIC ACCOMMODATIONS." STAFF ANALYSIS: On July 6, 2016, Ordinance No. 1895 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and introduce by title only for first reading Ordinance No. 1895, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING TO ALL-GENDER RESTROOMS IN BUSINESSES AND PUBLIC ACCOMMODATIONS." Motion Councilmember Roberts, seconded by Pro Tern Mills and unanimously carried 5-0 on a roll call vote. Item No 1 • G, ADOPTION OF ORDINANCE NO. 1895 July 13. 2016 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. es Thompson David H. Ready, EsG ., . . ity Clerk City Manager AM Attachments: Ordinance No. 1895 02 ORDINANCE NO. 1895 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE IX TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO ALL-GENDER RESTROOMS IN BUSINESSES AND PUBLIC ACCOMMODATIONS. CityAttorney's Summary This Ordinance requires that access to all single-occupancy restrooms in businesses and places of public accommodation shall not be restricted to persons of a specific sex or gender identity THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Article IX is added to Chapter 8.04 of the Palm Springs Municipal Code to read: ARTICLE IX. ALL-GENDER RESTROOMS 8.04.900 Findings. (a) The creation of all-gender toilet facilities through this Chapter will not affect anyone's right to use facilities consistent with their gender identity. While some transgender or gender nonconforming people may choose to use all-gender facilities, no one can be required to use an all-gender toilet facility because of their identity or appearance. (b) Transgender and gender-nonconforming people frequently experience harassment in toilet facilities. Required use of gender-specific toilet facilities can create unnecessary risk that leads to transgender and gender-nonconforming people being denied access, being verbally harassed, or physically assaulted in these facilities. These experiences, in turn, impact one's education, employment, health, and participation in public life. This is especially true for transgender women of color, who experience the highest rates of discrimination. To address this ongoing discrimination and harassment, it is essential to provide more all-gender toilet facilities. (c) All-gender toilet facilities also benefit the entire community. They provide universal access for families with small children, people with disabilities who rely upon personal care assistance from an attendant or family member, and seniors who require assistance or supervision. (d) In order to be inclusive of all gender identities, this Article uses the term "all- gender" toilet facilities rather than "unisex' or "gender-neutral" toilet facilities. 03 Ordinance No. 1895 Page 2 8.04.901. Requirement. (a) No later than October 1, 2016, all single-occupancy restrooms in businesses and places of public accommodation in operation on the effective date of this Article shall be all-gender, meaning that access shall not be restricted to persons of a specific sex or gender identity, and any existing gender-specific room identification signage on each such single-occupancy restroom shall be removed and replaced with signage for all genders that complies with either Title 24 of the California Code of Regulations or the Federal Americans with Disabilities Act. (b) Any business or place of public accommodation that commences operation after the effective date of this Article shall provide the required room identification signage and make each single-user toilet facility available for use by persons of any sex or gender identity immediately upon opening to the public. (c) Nothing in this Article shall be construed as requiring or authorizing (1) a reduction in the number of toilet facilities that are required by Title 24 of the California Code of Regulations or (2) a reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the Federal Americans with Disabilities Act. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 13t" DAY OF JULY, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 04 Ordinance No. 1895 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1895 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6t day of July, 2016, and adopted at a regular meeting of the City Council held on the 13t" day of July, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: July 13, 2016 Subject: Ordinance No. 1895 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on July 22, 2016. 1 declare under penalty of perjury that the foregoing is true and correct. M4W-e Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on July 21, 2016. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, MMC Chief Deputy City Clerk The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 R E C EI V E D 760-778-4578/Fax 760-778-4731 Cijy OF PALM SF'RIK�" State Of California as: tilt JUL 21 AM 9 Ofi County of Riverside 5 p N �A� y CLER aK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001450175 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. 1 hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non panel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Newspaper: The Desert Sun 7/22/2016 -- No 1080 ORDINANCE NO.1895 FF AN ORDINANCE O THE CITY OF-PALM-SPRINGS, CALIFORNIA, RELATING TO ALL GENbER RESTROOMS IN BUSINESSES AND PUBLIC ACCOMMODATIONS ' I acknowledge that I am a principal clerk of the - This ordfdame�quh°ej th t ar�ss to all :m re-y occupanry rh.n shall in businesses and places so public printer of The Desert Sun, printed and ecccihcs d or seen not be restncted to,persons oya specifresex argender Identit published weekly in the City of Palm Springs, � ;CER?IFI�AnoN County of Riverside, State of California.The STATE OF[AOFORNIA..j `1 COUNTY FIR RSIDE) ,ss Desert Sun was adjudicated a Newspaper Of +CITY OF PALMASMI THOMPSON,;City Clerk of the City Of Palm Springs,hereby- [ {y tha t O rdinance No:1895 is a tul 1,true and correct copy,and was Intro- general circulation on March 24, 1988 by the - ertiduced ata regul3r.meetin9 of the Palm Springs City Council on the 6th-day of Superior Court of the County of Riverside, mlyy 3016,and adopted at an adlouthetl regular g,tetin9 of the CI,:Counul heir]on the 13ffi dayof Jury,2076,bl'the following ate: ' State Of California Case No. 191236. AYES: Councilmembar,Fo. Counnlmember Kors,.Mayor Pro Tem tdflls' and Mayor Moon ' NOES: Nona i AABSEN ESTAIN� Nonecslmemfaer R96erls 7AMF5 THOFA ON,'CIT.YCLERK [HHyy df P'I Spp[[Inggs,lralifornla AUMished T23120A6r.rrl�I�'� r�I�i I declare under penalty of perjury that the �i`' ``CiAll.�' t' foregoing is true and correct. Executed on this 22nd day of JULY, 2016 in Palm - Springs, California. Declarant 1 �� ORDINANCE NO. 1895 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, RELATING TO ALL-GENDER RESTROOMS IN BUSINESSES AND PUBLIC ACCOMMODATIONS City Attomey's Summary This Ordinance requires that access to all single-occupancy restrooms in businesses and places of public accommodation shall not be restricted to persons of a specific sex or gender identity CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1895 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6th day of July, 2016, and adopted at an adjourned regular meeting of the City Council held on the 13th day of July, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tern Mills, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None ME5 THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 1895 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING ARTICLE IX TO CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO ALL-GENDER RESTROOMS IN BUSINESSES AND PUBLIC ACCOMMODATIONS. City Attorney's Summary This Ordinance requires that access to all single-occupancy restrooms in businesses and places of public accommodation shall not be restricted to persons of a specific sex or gender identity THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Article IX is added to Chapter 8.04 of the Palm Springs Municipal Code to read: ARTICLE IX. ALL-GENDER RESTROOMS 8.04.900 Findings. (a) The creation of all-gender toilet facilities through this Chapter will not affect anyone's right to use facilities consistent with their gender identity. While some transgender or gender nonconforming people may choose to use all-gender facilities, no one can be required to use an all-gender toilet facility because of their identity or appearance. (b) Transgender and gender-nonconforming people frequently experience harassment in toilet facilities. Required use of gender-specific toilet facilities can create unnecessary risk that leads to transgender and gender-nonconforming people being denied access, being verbally harassed, or physically assaulted in these facilities. These experiences, in turn, impact one's education, employment, health, and participation in public life. This is especially true for transgender women of color, who experience the highest rates of discrimination. To address this ongoing discrimination and harassment, it is essential to provide more all-gender toilet facilities. (c) All-gender toilet facilities also benefit the entire community. They provide universal access for families with small children, people with disabilities who rely upon personal care assistance from an attendant or family member, and seniors who require assistance or supervision. (d) In order to be inclusive of all gender identities, this Article uses the term "all- gender" toilet facilities rather than "unisex" or "gender-neutral" toilet facilities. Ordinance No. 1895 Page 2 8.04.901. Requirement. (a) No later than October 1, 2016, all single-occupancy restrooms in businesses and places of public accommodation in operation on the effective date of this Article shall be all-gender, meaning that access shall not be restricted to persons of a specific sex or gender identity, and any existing gender-specific room identification signage on each such single-occupancy restroom shall be removed and replaced with signage for all genders that complies with either Title 24 of the California Code of Regulations or the Federal Americans with Disabilities Act. (b) Any business or place of public accommodation that commences operation after the effective date of this Article shall provide the required room identification signage and make each single-user toilet facility available for use by persons of any sex or gender identity immediately upon opening to the public. (c) Nothing in this Article shall be construed as requiring or authorizing (1) a reduction in the number of toilet facilities that are required by Title 24 of the California Code of Regulations or (2) a reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the Federal Americans with Disabilities Act. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 13" DAY OF JULY, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1895 Page 3 CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1895 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6t day of July, 2016, and adopted at a regular meeting of the City Council held on the 13th day of July, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Mayor Pro Tern Mills, and Mayor Moon. NOES: None. ABSENT: Councilmember Roberts. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California