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HomeMy WebLinkAbout7/6/2016 - STAFF REPORTS - 3.C. G V N f R r City Council Staff Report DATE: July 6, 2016 LEGISLATION SUBJECT: AN ORDINANCE OF 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 ACCOMODATIONS. FROM: David Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY This Ordinance requires all single-occupancy restrooms within businesses and places of public accommodation to be available to all persons regardless of gender. Existing single-occupancy restrooms cannot be restricted to persons of a specific sex or gender identity and shall be signed accordingly by October 1, 2016. Any new business or place of public accommodation that opens after the effective date of the ordinance with single- occupancy restrooms will also be required to comply with the all-gender requirement of this Ordinance. RECOMMENDATION: Waive text and introduce for first reading an Ordinance of the City Council "AN ORDINANCE OF 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 ACCOMODATIONS." ENVIRONMENTAL ASSESSMENT: Staff has reviewed the proposed amendment to the Palm Springs Municipal Code and determined that the proposed ordinance may have a significant adverse effect on the environment. Therefore, consideration and approval of the ordinance is not subject to the California Environmental Quality Act (CEQA), and no further study is needed. (Refer to 15061(b)(3) of the CEQA Guidelines.) ITEM NO. City Council Staff Report July 6, 2015 -- Page 2 All-Gender Restrooms FISCAL IMPACT: No significant change to City revenue or expenditures is expected as a result of adopting the proposed ordinance. Dougla Holland, City Attorney David Ready, City Mal C: Ordinance oz 1058537.1 ORDINANCE NO. AN ORDINANCE OF 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 ACCOMODATIONS. 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 1141766.1 1 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. 04 1141766.1 2 Jay Thompson From: Desert Stonewall Democrats <desert.stonewall@gmail.com> Sent: Wednesday,July 06, 2016 1:53 PM To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts;Jay Thompson Cc: Jennifer Nelson; Citymanager- Mail Login Subject: Ordinances on tonight's agenda (7/6/2016) Expires: Monday,January 02, 2017 12:00 AM Dear City Council Members and Mayor, We are writing to express our support of various ordinances that will be before you at this evening's City Council meeting, July 6, 2016. At a General Meeting of the Desert Stonewall Democrats ("DSD"), the membership voted to support the nondiscrimination/equal benefits in contracting and the all gender single bathroom ordinances that you will consider this evening. We strongly urge you to support and vote in favor of both measures. The Steering Committee of the DSD voted at their meeting last night to support the draft ordinance on gun safety. We strongly urge you to support and vote in favor of the ordinance as drafted. We also support the proposed change to City Council meetings that would eliminate the Invocation. Council Members Foat, Kors and Roberts and Mayor Moon all stated when completing the DSD Candidate Questionnaire that they did not support prayer by religious officials at government meetings and functions. We trust that all will abide by this written commitment and vote in support of the proposed change. Regards, Steering Committee Desert Stonewall Democrats 3 .C ., Jay Thompson From: Paul Zak <paulinps@icloud.com> Sent: Saturday, July 02, 2016 11:44 AM To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors; 1R Roberts Cc: David Ready;Jay Thompson Subject: Several Matters before the Council Dear Mr. Mayor and Members of the City Council: I am writing in rfeerence to several matters which will be coming before you in the short-term. Unfortunately I am unable to make Wednesday meetings, so I am writing instead, and wish my comments to be part of the official record. These are not listed in order of importance. Prayer at Council Meetings: I think prayer should be abolished as a separate religious invocation. I believe in separation of Church and State and I think having prayer at governmental meetings may confuse the separation, especially when prayer is given a special place at the beginning of meetings. Also, with the recent spate of so-called "religious freedom"bills being proposed and enacted around the country, we need to be doubly careful to preserve the separation. Official prayers by official representatives of whatever faith community have no place at City Council meetings. If someone during public comments wishes to offer a prayer, that is their right. It then carries the weight of any other pubic comment. Public restrooms and Transgender people: I would advocate for all single person bathrooms at public facilities to be all gender, marked with appropriate si ng age. I would also hope City Council would pass an ordinance that anyone doing business in Palm Springs needs to make their single person bathroom all gender. For any facilities having multi-person male and female bathroom designations, I also believe that transgender people should be able to use the bathroom of the gender with which they identify, and I think City ordinances should mandate this. City contracting: The City of Palm Springs should be prohibited from contracting with entities that discriminate based on race, religion, sexual orientation, gender identity, nationality, disability, etc. The prohibition should include those who do not provide equal benefits to their employees and their spouses/domestic partners Gun Safety: The United States is out of hand with the availability of weapons. The interpretation of the Second Amendment has run amok, and we need sensible gun legislation, such as the following; 1. universal background checks to purchase guns and/or ammunition; 2. a ban on assault weapons and high-capacity magazines; 3. a pro-active ability on the part of physicians, mental health professionals, police to ban those considered a danger to self or others from having access to guns until such time as their status may change; 07/O6l.4014 ,-j'6M.3 1 3 .95. 15. G. • .As S. F. 4. the prohibition of people who are on the terror watch list and banned from flying from buying/owning guns. I realize that the terror watch list can be inaccurate and that people need a right to due process to clear their names. However, the principle of"no fly- no buy" remains valid. 5. a requirement that guns have locks, to keep guns locked if not in the owner's control 6. a requirement to report lost or stolen guns to police within 48 hours of when the owner knew or should have known of the theft. Vacation Rentals: I think the City should impose a moratorium on issuing permits for additonal vacation rentals until March 2017, This issue needs to be studied more in terms of density of vacation rentals in neighborhoods, how effective current enforcement is and where the gaps are; the possibility of stricter financial penalties for abuse of City ordinances (noise, parking, etc); compliance with ADA regulations. I realize that vacation rentals bring in TOT. Once that is mentioned it seems many people want to end the conversation. But quality of life in our neighborhoods trumps TOT from vacation in rentals, in my opinion. But, I do not believe it has to be "either-or." To find solutions will take some time and issuing the moratorium gives some breathing space to come up with solutions which might be better for Palm Springs. Anaheim has banned all vacation rentals because of their proliferation and associated problems. I do not think we necessarily want to get to that point but the status quo is not sufficient to allow us permanent Palm Springs residents to enjoy the quiet use of our property in a real neighborhood, not one transformed into mini- motels with a constant influx of strangers who have no investment in the neighborhood. Thank you. Sincerely, Paul Zak 2177 Paseo Roseta Palm Springs, CA 92262 paulinys(i�icloud.com 2