AGENDA
City of Monte Sereno
Tuesday, October 3, 2023
City Council
7:00 PM
Monte Sereno City Council Chambers -
18041 Saratoga - Los Gatos Road,
Monte Sereno, CA 95030
MEMBERS OF THE PUBLIC MAY ATTEND IN-PERSON
OR UTILIZE THE VIRTUAL OPTION
How to Participate
To maximize public safety while still maintaining transparency and public access, members of the public can access and participate in the meeting as follows: To listen (only) by telephone dial US: +1 669 444 9171 or +1 720 707 2699 or +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 719 359 4580 or +1 689 278 1000 or +1 301 715 8592 or +1 305 224 1968 or +1 309 205 3325 or +1 312 626 6799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 646 558 8656 or +1 646 931 3860
When prompted by the system enter participation Webinar ID: 858 5203 1596 and Password:
028512.
To attend the meeting webinar with a PC, Mac, iPad, iPhone or Android device: Please click this URL to joinhttps://us06web.zoom.us/j/85852031596?pwd=dGY4cUF0MEZVa1h1M2xkSWxEZ3UvUT09 Passcode: 028512
Or iPhone one-tap (telephone connection) : US:
+16694449171,,85852031596#,,,,*028512# US
+17207072699,,85852031596#,,,,*028512# US
Passcode: 028512.
You will be prompted to install the webinar client appropriate for your device. Attendees are encouraged to install the needed software in advance at the following locations depending on the device being used. If you are unable to participate in real-time, you may email to the City Clerk at [email protected] with the subject line "Public Comment Item #__ " (insert the item number relevant to your comment) or "Verbal Communications - Non Agenda Item."
Any member of the public who needs accommodations should email or call the City Manager who will use his best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager at 408-498-5285 or [email protected]. If requested of the City Manager, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Page
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
PRESENTATIONS
1. Santa Clara County Fire Department Annual Presentation Santa Clara County Fire Presentation
6 - 10
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
2. Approve the September 19, 2023 Special and Regular City Council Meeting Minutes
Staff recommends that the Council approve the September 19, 2023 Special and Regular City Council Meeting Minutes.
Staff Report - SR-21-033 - Pdf
11 - 16
3. Approve Warrant List Dated October 3, 2023 in the Amount $55,698.19
Staff recommends the City Council approve the Warrant List.
Staff Report - SR-23-200 - Pdf
17 - 18
4. Resolution to Adopt Amendment No. 1 to Joint Exercise Powers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974 .
Staff recommends that City Council adopt the draft resolution authorizing the City Manager to execute Amendment No. 1 to Joint Exercise Powers Agreement and Cooperation Agreement to Undertake 19 - 27
or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974.
Staff Report - SR-23-201 - Pdf
5. Approval of the Community Resilience Program - Capital Projects Grant Agreement
Staff recommends the City Council authorize the City Manager to execute the Community Resilience Program - Capital Projects Grant Agreement.
Staff Report - SR-23-204 - Pdf
28 - 44
6. Purchase of City Vehicle
Staff recommends that the City Council approve the purchase of a GMC Canyon Truck
Staff Report - SR-23-208 - Pdf
45 - 49
PUBLIC HEARINGS
UNFINISHED BUSINESS
7. Adoption of an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Adopt an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Staff Report - SR-23-207 - Pdf
50 - 95
8. Introduction and Waiver of First Reading of either Ordinance No. NS236, an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors) and Repealing Section 9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage
OR
Ordinance No. NS-237 an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors), Repealing Section 9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage, and adding Section 9.07.035 (Mechanical Blowers – Gasoline Power Prohibited)
Staff recommends the City Council introduce and waive the first reading of either Ordinance No. NS-236 or NS-237.
96 - 116
Draft Ordinance NS-236 revises the allowable hours of operation for leaf blowers to reduce the hours when such equipment can be used to Monday through Friday between 8:00am and 5:00pm, Saturday between 9:00am and 5:00pm, and no such operation on Sundays or City observed holidays.
Draft Ordinance NS-237 revises the allowed hours of operation for leaf blowers as described above and also prohibits the use of gas powered leaf blowers.
Staff Report - SR-23-195 - Pdf
Public Comments Received
9. Update from Public Works Director/City Engineer on Capital Projects Informational only. No action needed.
NEW BUSINESS
COMMITTEE/COMMISSION REPORTS
This time is set aside to allow Councilmembers serving on Council committees or appointed by the City to serve on the boards, commissions or committees of other agencies to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No discussion or action may be taken other than to place the matter on a future agenda.
Last Meeting Next Meeting
Craig
Monte Sereno Youth Commission 09/12/23 10/10/23
Santa Clara County Library JPA 06/01/23
Ellahie
Cities Association – Board of Directors 05/11/2308/10/23 Cities Association – Legislative Action Committee 05/11/23 08/10/23 Joint Venture Silicon Valley Network
Turner
West Valley Sanitation District 05/10/23
VTA State Route 85 Policy Advisory Board
Comprehensive County Expressway Planning Study
Wolsheimer
Silicon Valley Animal Control Authority 07/26/23
Santa Clara Valley Water District Commission 04/12/23 10/25/23 Mekechuk
Valley Transportation Authority Policy Advisory Committee 09/14/23 10/12/23 West Valley Clean Water Board 09/07/23 11/02/23
West Valley Solid Waste/ Recycling JPA 09/07/23 11/02/23 Silicon Valley Clean Energy Authority 09/13/23 10/11/23 Association of Bay Area Governments 06/16/23
League of California Cities Peninsula Division
West Valley Mayors & Managers 09/14/23 10/12/23
Cities Selection Committee 05/12/23 TBD in 2024
Mayors of Santa Clara County 11/03/23
10. Councilmember Craig Council Report 117
11. Mayor Mekechuk Report 118 - 120
COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
9/27/2023
1 City of Monte Sereno Update
October 3, 2023
https://youtu.be/Uu6UO7Ugedg
9/27/2023
2 MONTE SERENO
Fire Station
• Quito Station (78),
18870 Saratoga-Los Gatos Rd
Unique hazards
• Wildland interface
• Many narrow roads
9/27/2023
3 CAPITAL IMPROVEMENTS: APPARATUS
Recently Acquired
• Vasona Crew Carrier
• Breathing Support 72
Coming Soon
• Engines
• 73 Saratoga
• 76 Los Altos
• 80 Campbell
CAPITAL IMPROVEMENTS: FACILITIES
• Redwood Fire Station
• Dell Headquarters:
1315 Dell Avenue
Campbell, CA 95008
9/27/2023
4 PROJECTS
• County Communications implemented
new iCAD (Computer Aided Dispatch)
system on Sept. 12
• Image Trend RMS (Record Management
System) more fully integrated uses
VASONA FIRE FUELS CREW
Projects
• Completed Cypress Way, Hernandez
Ave, Withey Road, & Wood Road
• Finishing Pierce Road Corridor &
Phillips Lane
• Starting Highway 9 between Saratoga
and Los Gatos
• Proposed projects on Hicks Road and
Prospect Road
9/27/2023
5 COMMUNITY EDUCATION
Ready-Set-Go Workshops
• Completed (Los Gatos, Saratoga, Los
Altos Hills)
Be Ready: Be Prepared for Disaster
• October 25, 4:45pm-6:00pm
Saratoga Senior Center: 19655 Allendale Ave
www.sccfd.eventbrite.com
Questions?
Mark Shumate
Deputy Fire Chief
Santa Clara County Fire Department
408.378.4010
[email protected]
STAFF REPORT
Meeting: City Council - Oct 03 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica, City Clerk
Department: City Clerk
Title: Approve the September 19, 2023 Special and Regular City Council Meeting Minutes
Recommendation(s):
Staff recommends that the Council approve the September 19, 2023 Special and Regular City Council Meeting Minutes.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
09-19-23 Special Meeting Minutes DRAFT
09-19-23 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
SPECIAL MEETING
6:00 p.m.
September 19, 2023
MEETING CALLED TO ORDER
At 6:00 p.m., Mayor Mekechuk called the meeting to order.
ROLL CALL
Present – Chambers: Councilmember Turner, Councilmember Craig, Councilmember Ellahie, Vice Mayor Wolsheimer and Mayor Mekechuk
Absent: None
Staff: City Planner Perkins, City Clerk Gonzalez-Langarica, City Manager Leonardis and City Attorney Powell
UNFINISHED BUSINESS
1. Provide Direction to Staff on SB9 Ordinance Modifications City Planner Perkins provided a staff report and answered questions from the Council.
City Attorney Powell assisted with answering questions from the Council.
Mayor Mekechuk opened the item for Public Comment.
Public Comment Received
▪ Resident Davi P
▪ Former Mayor Lawler
▪ Resident Zhang
▪ Resident Hall
▪ Former Mayor Allan
▪ Resident Hall
With no one else wishing to speak, Mayor Mekechuk closed Public Comment.
The council provided staff with direction to make a change on the trees, and for staff to also look into the ability to include something on the deed and the affidavit as a default. Other than that,
Council like the proposals presented.
ADJOURN
The meeting of the Special City Council Meeting adjourned at approximately 6:51 p.m.
Bryan Mekechuk, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
MONTE SERENO CITY COUNCIL MEETING MINUTES
REGULAR MEETING
7:00 p.m.
September 19, 2023
MEETING CALLED TO ORDER
At approximately 7:01 p.m., Mayor Mekechuk called the meeting to order.
PLEDGE OF ALLEGIANCE
Councilmember Craig conducted the Pledge of Allegiance.
ROLL CALL
Present Councilmember Turner, Councilmember Craig, Councilmember Ellahie, Vice Mayor Wolsheimer and Mayor Mekechuk (left meeting at 7:17 p.m.)
Absent: None
Staff: Finance Officer Samoranos, City Engineer/ Public Works Director Jordan, City Clerk Gonzalez-Langarica, City Manager Leonardis and City Attorney Powell
ORDERS OF THE DAY
None.
PRESENTATIONS
None.
ORAL COMMUNICATIONS
None.
WRITTEN COMMUNICATIONS
None.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the August 15, 2023 Regular City Council Meeting Minutes and the August 29, 2023 Joint Special Meeting of the City Council and Site and Architectural Commission
2. Approve Warrant List Dated September 19, 2023 in the Amount $231,932.05
3. Accept the Treasurer's Report for the Period Ending May 31, 2023 Mayor Mekechuk opened the Consent Calendar for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.
MOTION: Motion by Councilmember Craig to approve the Consent Calendar.
Seconded by Vice Mayor Wolsheimer.
VOTE: Motion passed. (5-0-0)
PUBLIC HEARINGS
None.
UNFINISHED BUSINESS
None.
NEW BUSINESS
1. Consider Community Center Capital Campaign Plan and Associated Budget Community Center Public Member Allan was available to assist with answering questions from the Council.
Discussion commenced.
Mayor Mekechuk opened the item for Public Comment. With no one wishing to speak, Mayor Mekechuk closed Public Comment.
MOTION: Motion by Councilmember Craig to approve the Community Center Capital Campaign Plan and Associated Budget. Seconded by Councilmember Ellahie.
VOTE: Motion passed. (5-0-0)
2. Bicycle and Pedestrian Master Plan - Approval of Final BPMP City Engineer/Public Works Director Jordan provided a staff report and answered questions from the Council.
Discussion commenced.
Vice Mayor Wolsheimer opened the item for Public Comment.
Public Comment
▪ Resident Lisa Shannon
With no one else wishing to speak, Vice Mayor Wolsheimer closed Public Comment.
MOTION: Motion by Councilmember Ellahie to adopt the Bicycle and Pedestrian Master Plan and resolution. Seconded by Councilmember Craig.
VOTE: Motion passed. (4-0-1; Absent Mekechuk)
COMMITTEE/COMMISSION REPORTS
Councilmember Turner stated having nothing to report.
Councilmember Ellahie reported the existing committee members of the Cities Association have been working on making a Joint Powers and Authority. A staff report is being created to be
presented to each City that is being asked to join. The Executive Members of the Cities Association will present and report to each City Council to see if the Cities are interested or not in joining. The City Manager will work on coordinating with the Cities Associates to be able to place it on the agenda.
Councilmember Ellahie also shared that there is a presentation on ADU by Santa Clara County. The website explains everything on ADU, such as use abilities, designs, planning and much more.
Councilmember Ellahie believes this should be provided to individuals who are applying for ADU building permits. He shared what he found interesting was how there are a lot of subsidies that are available for ADU’s.
Councilmember Craig shared the Youth Commissioners held their first meeting last week where they elected officers and approved the calendar of activities which they will be participating in this year.
Vice Mayor Wolsheimer shared Silicon Valley Animal Control Authority will be meeting next Wednesday. This will be the first in-person meeting since January 2023.
COUNCILMEMBER COMMENTS
Councilmember Turner requested that staff, as well as City Officials, take COVID restrictions seriously.
CITY MANAGER’S REPORT
City Manager Leonardis shared Caltrans is working in conjunction with the Santa Clara County Fire Department on Highway 9. There will be some lanes closed on Tuesday, Wednesday, and Thursday each week, now through October 25th.
FUTURE AGENDA ITEMS
Councilmember Ellahie would like to have an update on COVID restrictions brought back at a future meeting. He also mentioned he would like to see City Manager Leonardis coordinate with Cities Association for a presentation on the JPA.
ADJOURN
Vice Mayor Wolsheimer adjourned the meeting at approximately 7:35 p.m.
Bryan Mekechuk, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Oct 03 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated October 3, 2023 in the Amount $55,698.19
Recommendation(s):
Staff recommends the City Council approve the Warrant List.
Fiscal Impact:
There are no unbudgeted fiscal impact with this agenda item.
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
2023 10 03 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE
AS OF THESE DATES:
October 3, 2023
CHECK
NO. TO FOR AMOUNT ACCOUNT
NO.
20510 Prime Tree Care, Inc. Remove fallen tree along Quinto Rd and Oak Rd. Clean up along West side of Winchester Blvd. 4,550.00 05-870
20511 MissionSquare - 301546 Fund 457 Plan for August 2023 1,184.64 01-660 20512 Alana Consulting, LLC Plan Check Services - June 17, 2023 through September 26, 2023) 43,636.16 01-765
20513 BMI Imaging Systems Web Host September 2023 225.00 01-715 20514 Burton Craig Council Member Craig attended League of Cities Annual Meeting in Sacramento - September 19-22, 2023. 2,079.49 01-740 20515 Corodata Shredding Inc. Monthly container rental fee 10.00 01-522 20516 Delta Dental of California Dental insurance premiums - October 2023 822.43 01-635 20517 Gloisy GonzalezLangarica
City Clerk Gonzalez-Langarica attended Technical Track for City Clerks - Training and Development at UC Riverside, Ca
September 11-15, 2023.
742.97 01-770
20518 M-Group Housing Element Update Assistance 194.50 01-535 20519 Pacific Gas & Electric
Electricity services City Hall ($1233); Annex Building ($27); Loma Serena Ltg Dist ($185); MS City Street Lights ($199); Rose Andrews Ltg Dist ($49).
1,692.37
01-705
40-935
50-890
50-945
20520 RICOH USA, INC. Office copier rental 480.23 01-715 20521 Rowena Turner Council Member Turner attended HKETO Conference September 14, 2023 mileage reimbursement. 80.40 01-505
TOTAL WARRANT LIST $55,698.19
I, REYNOLD SAMORANOS, FINANCE OFFICER DO HEREBY CERTIFY THAT THE
PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
1 of 1 Page 18 of 120
STAFF REPORT
Meeting: City Council - Oct 03 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Resolution to Adopt Amendment No. 1 to Joint Exercise Powers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974 .
Recommendation(s):
Staff recommends that City Council adopt the draft resolution authorizing the City Manager to execute Amendment No. 1 to Joint Exercise Powers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974.
Background Information:
In order for a city to directly receive Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds from the Federal government, the population is required to be 50,000 or persons. As Monte Sereno does not qualify to receive such funds directly, in June 2014 (Resolution 3562, Attachment 1), the City entered into a Joint Powers and Cooperation Agreement with Santa Clara County to allow the County to receive and administer the funds for the unincorporated County areas as well as cities in the County that do not qualify to receive funds directly. These funds are used to address housing and community development needs primarily benefiting low, very low, and extremely low-income persons in Santa Clara County.
An updated agreement was approved in June 2017 (Resolution 3657, Attachment 2).
The Amendment #1 (Attachment 3) will update Section 10 of the agreement which addresses compliance with legislation and regulations. The modifications to this section are proposed based on direction the County received from the United Stated Department of Housing and Urban Development (HUD). As part of the County’s program, an annual Action Plan is developed as well as a Consolidated Plan every five years as part of the planning and reporting requirements established by HUD.
Fiscal Impact:
None
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
1. Resolution 3562 Entering in Joint Exercise of Powers Agreement 2014-2017
2. Resolution 3657 Entering in Joint Exercise of Powers Agreement 2014-2020
3. Draft Resolution
BY:
Burt. raig, Vice Mayor
City of Monte Sereno
ATTES
An• rea M. Chelemengos
CITY CLERK
City of Monte Sereno
RESOLUTION NO: 3657
RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MONTE SERENO
TO ENTER INTO AJOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING
OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
FOR THE PERIOD OF OCTOBER 1, 2017 - SEPTEMBER 30, 2020
WHEREAS, Congress has enacted the Housing and Community Development Act of 1974, as amended;
WHEREAS, Title I of the Act provides for a program of Community Development Block Grants; WHEREAS, Title I of the Act makes entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an urban county; WHEREAS, the City of Monte Sereno is not eligible to apply directly for entitlement funds under the Act but may, by entering into a cooperation agreement with County, qualify County as an urban county applicant and may thereby receive such funds;
WHEREAS, the parties hereto wish to enter into an agreement to enable the County of Santa Clara to apply for and receive entitlement funds as an urban county and to establish the respective rights and obligations of the contracting parties to such funds; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with the County of Santa Clara to Undertake or to Assist in the Undertaking of Essential Activities Pursuant to Title I of the Housing and Community Act of 1974, as Amended for the Period of October 1, 2017 — September 30, 2020.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monte Sereno this 20thday of June, 2017 by the following vote:
AYES: Council Members Craig, Turner and Wolsheimer
NOES: None
ABSTAIN: None
ABSENT: Council Member Rogers and Mayor Anstandig
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO JOINT
EXERCISE POWERS AGREEMENT AND COOPERATION AGREEMENT TO
UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES
PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE PERIOD OF OCTOBER 1, 2017 TO SEPTEMBER 30, 2020 AND SUBSEQUENT AUTOMATIC RENEWALS UNLESS TERMINATED WHEREAS, Congress has enacted the Housing and Community Development Act of 1974, as amended;
WHEREAS, Title I of the Act provides for a program of Community Development Block Grants;
WHEREAS, Title I of the Act makes entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an urban county; WHEREAS, the City of Monte Sereno is not eligible to apply directly for entitlement funds under the Act but may, by entering into a cooperation agreement with County, qualify County as an urban county applicant and may thereby receive such funds;
WHEREAS, the parties hereto wish to amend the agreement to continue to enable the County of Santa Clara to apply for and receive entitlement funds as an urban county and to establish the respective rights and obligations of the contracting parties to such funds;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to execute Amendment No. 1 to Joint Exercise Powers Agreement and Cooperation Agreement to Undertake or to Assist in the Undertaking Of Essential Activities Pursuant to Title I of the Housing and Community Development Act of 1974, As Amended, for the Period of October 1, 2017 to September 30, 2020 and Subsequent Automatic Renewals Unless Terminated in attached Exhibit A.
REGULARLY APPROVED this 3rd day of October 2023 by the following roll call vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
BY: Bryan Mekechuk, Mayor
ATTEST:
______________________________
Gloisy Gonzalez-Langarica, City Clerk
EXHIBIT A
AMENDMENT No. 1 to JOINT EXERCISE POWERS AGREEMENT AND COOPERATION
AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL
ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE PERIOD OF OCTOBER 1, 2017 TO SEPTEMBER 30, 2020 AND SUBSEQUENT AUTOMATIC RENEWALS UNLESS TERMINATED
1 AMENDMENT No. 1 to JOINT EXERCISE POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURUSANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE PERIOD OF OCTOBER 1, 2017 TO SEPTEMBER 30, 2020 AND SUBSEQUENT
AUTOMATIC RENEWALS UNLESS TERMINATED
This Amendment No.1 is entered into by and between the County of Santa Clara (“County”) and the City of Monte Sereno (“City”) as of August 28, 2023 (the “Effec�ve Date”) in order to amend that certain above referenced Joint Exercise of Powers Agreement and Coopera�on Agreement dated July 18, 2017 (the “Agreement”).
The County and the City hereby agree that Sec�on 10 of the Agreement is amended by dele�ng the en�rety of Sec�on 10 in the original Agreement and replacing it with the following:
10. Compliance with Legisla�on and Regula�ons.
City and County agree, pursuant to 24 CFR 570.501(b) that ci�es are subject to the same requirements applicable to subrecipients, including the requirement of a writen agreement between the County and the City specific to the proposed Proposal as set forth in 24 CFR 570.503.
City understands and agrees that should it fail to comply with such requirements or with the terms of this Agreement, that funds which may be allocated to City during the term of this Agreement may be terminated or reduced or otherwise limited in accordance with the Urban County Program and Regula�ons.
City and County agree to undertake, or assist in the undertaking, community renewal and lowerincome housing assistance ac�vi�es.
County and City shall comply with all applicable requirements of the Urban County Program and associated regula�ons, in u�lizing grant funds under legisla�on that created and govern these grants, and shall take all ac�ons necessary to assure compliance with the urban county's cer�fica�on under sec�on 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implemen�ng regula�ons at 24 CFR part 1, and the Fair Housing Act, and the implemen�ng regula�ons at 24 CFR part 100, and will affirma�vely further fair housing. (See 24 CFR § 91.225(a) and Affirma�vely Furthering Fair Housing Defini�ons and Cer�fica�ons (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152, available at htps://www.federalregister.gov/documents/2021/06/10/2021-12114/restoringaffirma�velyfurthering-fair-housing-defini�ons-and-cer�fica�ons.) County and City shall comply with sec�on 109 of Title I of the Housing and Community Development Act of 1974, and the implemen�ng regula�ons at 24 CFR part 6, which incorporates Sec�on 504 of the Rehabilita�on Act of 1973, and the implemen�ng regula�ons at 24 CFR part 8, Title II of the Americans with Disabili�es Act, and the implemen�ng regula�ons at 28 CFR part 35, the Age Discrimina�on Act of 1975, and the implemen�ng regula�on at 24 CFR part 146, and Sec�on 3 of the Housing and Urban Development Act of 1968. The County and City shall comply with all other applicable laws.
The City agrees that use of Urban County Program funding for ac�vi�es in or in support of City is prohibited if City does not affirma�vely further fair housing within its own jurisdic�on as defined
2 by Federal law or impedes County ac�ons to comply with its fair housing cer�fica�on included with the Annual Ac�on Plan. If requested, the City shall execute assurances and cer�fica�ons in HUD 424-B to demonstrate how it complies with the fair housing requirement.
Furthermore, City hereby covenants by and for itself, its successors and assigns, and all persons claiming under or through it that there shall be no discrimina�on against or segrega�on of any person or group of persons on account of race, color, religion, sex, marital status, familial status, disability, na�onal origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any project funded by Urban County Program funds, nor shall City itself or any person claiming under or through it, establish or permit any such prac�ce or prac�ces of discrimina�on or segrega�on with reference to the selec�on, loca�on, number use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in any project funded as a result of this Agreement.
The City hereby covenants has adopted and is enforcing a policy prohibi�ng the use of excessive force by law enforcement agencies within its jurisdic�on against any individual engaged in nonviolent civil rights demonstra�ons. Furthermore, the City has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or loca�on which is the subject of such non-violent civil rights demonstra�ons within such jurisdic�ons.
Except as herein modified, all other provisions of the Agreement, including any subsequent amendments thereto, shall remain in full force and effect.
This amendment may be executed in any number of counterparts, and all of such counterparts so executed together shall be deemed to cons�tute one and the same agreement, and each such counterpart shall be deemed to be an original provided all of the par�es have fully executed this amendment. Unless otherwise prohibited by law or County policy, the par�es agree that an electronic copy of this amendment, or an electronically signed amendment, has the same force and legal effect as the amendment executed with an original ink signature. The term “electronic copy of this amendment” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of the original signed amendment in a portable document format. The term “electronically signed amendment” means the amendment that is executed by applying an electronic signature using technology approved by the County. [Signatures Con�nue on Following Page]
3 IN WITNESS THEREOF, the par�es have by their duty authorized representa�ves executed this Amendment effec�ve as of the Effec�ve Date.
CITY OF MONTE SERENO COUNTY OF SANTA CLARA
By: _______________________ By: _______________________ Steve Leonardis James R. Williams
City Manager County Execu�ve
Date: _____________________ Date: _____________________ Atest: _____________________
Gloisy Gonzalez Langarica
City Clerk
Approved as to form: Approved as to form and legality:
By: _______________________ By: _______________________ Kirsten Powell Karen Willis
City Atorney Deputy County Counsel
STAFF REPORT
Meeting: City Council - Oct 03 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Approval of the Community Resilience Program - Capital Projects Grant Agreement
Recommendation(s):
Staff recommends the City Council authorize the City Manager to execute the Community Resilience Program - Capital Projects Grant Agreement.
Background Information:
Silicon Valley Clean Energy (SVCE), a community choice energy agency, is redefining the local electricity market and providing our residents and businesses with new clean energy choice- renewable and carbon-free electricity at competitive rates. SVCE was formed as Joint Powers Authority in 2016, and now serves approximately 270,000 residential and commercial electricity customers across a service area comprised of the following thirteen communities:
Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Saratoga, Sunnyvale and Unincorporated Santa Clara County. 97% of electricity customers in SVCE's services area receive their electricity from SVCE.
Analysis:
SVCE's community resilience program will provide $5M in grants to member jurisdictions to plan and develop resilience projects . The grant maximum for each jurisdiction is based on proportion of load as determined by SVCE. See chart below for each jurisdiction's grant maximum.
Jurisdiction %
of Total
Load
(2019}
Planning
Allocation
Capex Support Allocator
Total Allocatio1
SUNNYVALE 28.25% $
221,280
$
1,106,400
$
1,327,680
MILPITAS 14.91% $
116,784
$
583,918
$
700,702
MOUNTAIN VIEW 13.54% $
106,061
$
530,304
$
636,365
UNINCORPORATE 8.78% $
68,792
$
343,959
$
412,751
GILROY 6.68% $
52,339
$
261,693
$
314,031
CUPERTINO 5.44% $
42,633
$
213,165
$
255,798
MORGAN HILL 5.18% $
40,540
$
202,701
$
243,241
CAMPBELL 5.05% $
39,594
$
197,972
$
237,566
LOS GATOS 4.55% $
35,640
$
178,202
$
213,842
LOS ALTOS 3.18% $
24,920
$
124,601
$
149,521
SARATOGA 2.97% $
23,241
$
116,204
$ 139,
444
LOS ALTOS HILLS 1.08% $
8,430
$
42,152
$
50,582
MONTE SERENO 0.39% $
3,079
$
15,396
$
18,475
Grand Total 100.00% $
783,333
$
3,916,667
$
4,700,000
Public Noticing:
The City Council agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Resilience Grant Agreement
-1-
Error! Unknown document property name.
1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
A. SVCE’s community resilience program (“Program”) will provide $5M in grants to member jurisdictions to plan and develop resilience projects. The grant maximum for each jurisdiction is based on proportion of load as determined by SVCE.
B. As a condition of eligibility to receive funding under the Program, projects must:
(1) support a critical facility and/or provide community services during a power outage; (2) enable self-sufficient access to power during an outage, or decrease the risk of power outages; and (3) be zero carbon.
C. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for installation of energy resilience infrastructure (“Project”).
The scope and estimated budget for the Project are attached hereto and incorporated herein as Exhibit B.
D. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.
2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $18,475, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein.
3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:
A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.
B. Requests for payment submitted to SVCE shall include: 1) an itemized list of all expenditures; 2) supporting documentation that clearly identifies the expenditure(s) in relation to
SILICON VALLEY CLEAN ENERGY
COMMUNITY RESILIENCE PROGRAM – CAPITAL
PROJECTS GRANT AGREEMENT
THIS AGREEMENT is made and effective as of _________, 2023 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and the City of Monte Sereno, a municipal corporation (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:
-2-
Error! Unknown document property name.
the scope of the Project set forth in Exhibit B of this Agreement; and 3) the Job Impacts Data Collection Worksheet, attached hereto as Exhibit C. Payment requests should be aggregated and submitted no more often than once per month.
C. SVCE shall process requests for payment and remit payment within 30 days.
D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.
E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.
F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.
4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibits A and B. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A and Exhibit B. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.
5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Projects must be complete no later than December 31, 2024.
6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program.
Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for
-3-
Error! Unknown document property name.
EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data onsite. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.
7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.
8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.
9. PROCUREMENT. At minimum, Recipient shall solicit at least three bids and select the lowest bidder when procuring goods or services, where the costs are eligible for reimbursement under this Agreement. In the event the Recipient is required by statute or policy to solicit additional bids or follow a more stringent solicitation process, Recipient shall follow such process. Recipient may also procure goods and services through California Government Code section 4217.10.
10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 6250 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action
-4-
Error! Unknown document property name.
after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.
11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:
SVCE: Silicon Valley Clean Energy Authority
333 W. El Camino Real #330
Sunnyvale, CA 94087
Attention: [email protected]
RECIPIENT: Town of Monte Sereno
18041 Saratoga-Los Gatos Road, Monte Sereno
Attention: Steve Leonardis
12. INDEPENDENT CONTRACTOR.
A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE. Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.
B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.
13. INDEMNIFICATION. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.
14. INSURANCE.
A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this
-5-
Error! Unknown document property name.
Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.
B. Recipient shall maintain the following minimum insurance coverages:
1) Workers’ compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE.
D. The insurance limits required by SVCE are not represented as being sufficient to protect Consultant. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.
15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.
16. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.
17. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.
-6-
Error! Unknown document property name.
18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.
19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.
21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.
22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.
24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.
25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
SILICON VALLEY CLEAN ENERGY AUTHORITY
-7-
Error! Unknown document property name.
_____________________________________
Girish Balachandran, Chief Executive Officer
APPROVED AS TO FORM:
________________________________
Trisha Ortiz, General Counsel
[COMPANY]
By: _____________________________
Name: Steve Leonardis
Title: City Manager
By: _____________________________
Name:
Title:
[*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairman of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of City Manager is required for cities.]
-8-
Error! Unknown document property name.
EXHIBIT A
[attach Application]
-9-
Error! Unknown document property name.
EXHIBIT B
Scope of Work
-10-
Error! Unknown document property name.
EXHIBIT C
Job Impacts Data Collection Worksheet
Silicon Valley Clean Energy Community Resilience Program Job Impacts Data Collection
Worksheet
Instructions: The form should be completed and submitted with each invoice. Each contractor and subcontractor should complete a separate form. The information will be used by SVCE to better understand the economic impacts of program investments and will have no impact on payment or performance evaluation of the grantee or contractors. Please be as accurate and complete as possible.
Position Title [Type of
Worker]
Total
Employees
in Position*
Average
Hourly
Wage
Total
Hours
Worked**
EmployerSponsored
Health
Benefits?
Y/N
[Type 1]
[Type 2]
[Add Additional Rows as
Needed]
*Sum of all individual employees with at least (1) labor hour during the invoice period
**Sum of all the hours of all employees at this title/wage for the invoice period
***Add rows as need for additional employees
Note: If this reporting system does not align with the funding source of your project, please contact SVCE to discuss possible reporting alternatives.
STAFF REPORT
Meeting: City Council - Oct 03 2023
Agenda Heading: CONSENT CALENDAR
Staff Contact: Daryl Jordan, City Engineer
Department: City Engineer
Title: Purchase of City Vehicle
Recommendation(s):
Staff recommends that the City Council approve the purchase of a GMC Canyon Truck Background Information:
During the City Council meeting of June 20th, 2023, the 2023-2024 proposed City Budget was approved by all council members. Within the approved budget a line item was included for a purchase of a field vehicle for the amount up to $45,000.
California has been challenged over the past few years with its ability to keep up with the current demand of vehicles. Some of these challenges have reportedly been caused by the limited number of available microchips required for new vehicles. Municipalities throughout the state have reported that the vehicles they have ordered through fleet programs may possibly be delivered withing a couple of years.
Staff has been searching for a mid-sized field truck for a few months. Typical municipal procurement process for fleet vehicles includes the solicitation of at least three competitive bids to ensure that the public funds have been optimized in the purchase of fleet vehicles.
Due to the shortage of available trucks in the marketplace, staff has been able to receive one bid from a local dealer, Moore GMC. Staff also contacted the State of California's Department of General Services "DGS" Statewide Contact for Fleet Vehicles. DGS secures contract pricing for most makes and models of vehicles from dealerships throughout the state. DGS reported they have zero available midsize trucks for the remainder of this year. Staff has also contacted National Auto Fleet Group who also reported having no available mid-size trucks that meets the City's requirements. Staff has also reached to numerous dealerships in Santa Clara and neighboring counties without success.
Analysis:
Staff has requested multiple bids from three or more different fleet programs. Moore GMC of Los Gatos has provided the only bid under the Budget amount of $45,000. It is accepted procurement practice, to allow the non-performance of dealers or programs to qualify as a bid
attempt even though it would be evaluated at zero dollars. Therefore, three or more bids have been requested and received. However only one of the bids with Moore GMC meets the needs of the City's fleet request.
Fiscal Impact:
There is no additional fiscal impact to the City's budget since the purchase is included in the approved 2023-2024 City Budget.
Conclusion:
Staff recommends that the Council approve the purchase of a 2023 GMC Canyon from Moore GMC of Los Gatos and authorize the City Manager to execute all paperwork for the purchase of up to $45,000.
Attachments:
Moore GMC Quote
STAFF REPORT
Meeting: City Council - Oct 03 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Kirsten Powell, City Attorney
Department: City Attorney
Title: Adoption of an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Recommendation(s):
Adopt an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Background Information:
The ordinance was introduced by the City Council on August 15, 2023. The staff report from that meeting is attached to this report. Since that time, the Governor has signed SB 2 which will go into effect on January 1, 2024, a copy of SB 2 is attached to this report. Although SB 2 places limitations on carrying concealed weapons in sensitive places, the ordinance will specifically address those sensitive places in Monte Sereno.
If adopted this evening, the modified ordinance will still establish the City’s licensing process which will be performed by the Los Gatos Monte Sereno Police Department.
Analysis:
The proposed ordinance would establish a process for the issuance of concealed carry licenses and prohibit the carrying of firearms in certain "sensitive places" that have been explicitly authorized by the Supreme Court. The proposed ordinance:
• Sets forth the general requirements for obtaining a concealed carry firearms license and references state law and the concealed carry firearms licensing procedures adopted by the Chief of Police (Section 4.22.020)
• Provides definitions for terms used (Section 4.22.010) • With limited exceptions, prohibits concealed carry firearms at “sensitive places” (Section
4.22.030)
• With limited exceptions, prohibits the sale of firearms on City property (Section
4.22.030)
California Environmental Quality Act:
Introduction of this Ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not have an impact on the physical environment. (CEQA Guidelines Section 15378.)
Fiscal Impact:
The Ordinance will not have a fiscal impact.
Conclusion:
To maintain consistency in process and to comply with recent case law, staff recommends that the City Council adopt an ordinance to establish a process to issue concealed carry firearm licenses and prohibit firearms in sensitive places.
If adopted, the proposed ordinance will take effect 30 days from the date of adoption.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
Proposed Ordinance
SB2
August 15, 2023 Staff Report
1 of 7
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING TITLE 4, BY ADDING CHAPTER 4.22 ESTABLISING THE CITY’S
CONCEALED CARRY FIREARM LICENSING PROCESS AND PROHIBITING THE
CARRY OF FIREARMS IN SENSITIVE PLACES
WHEREAS, State Penal Code Section 26155 authorizes Chiefs of Police to issue concealed carry firearm licenses;
WHEREAS, as the City contracts for police services with the Town of Los Gatos, the Los Gatos-Monte Sereno Police Chief is responsible for issuing concealed carry firearm licenses;
WHEREAS, the 2022 Supreme Court decision of N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (“Bruen”) held that a “good cause” requirement for a concealed carry firearm license is unconstitutional;
WHEREAS, the Bruen decision also held that municipalities can prohibit the carrying of concealed weapons in “sensitive places;” and WHEREAS, the City wishes establish a process consistent with the Town of Los Gatos’s process to ensure efficiency and consistency for the Police Chief and to add a prohibition on firearms, including concealed carry firearms, in “sensitive places;” NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monte Sereno as follows:
SECTION I. Legislative Findings:
A. The City of Monte Sereno has a compelling interest in protecting the health and safety of the public and the orderly functioning of government within its bounds.
B. The incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions at the national, state, and local level, as described in a report by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa Clara County” (Aug. 12, 2022), which notes that the ageadjusted firearm death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past decade.
C. According to the Gun Violence Archive (https://www.gunviolencearchive.org), California experienced 369 mass shootings (defined as an incident that kills or injures four or more people) between 2014 and January 2023. In Santa Clara County, mass shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17 wounded); Oct. 5, 2011, at the
2 of 7
Lehigh Cement Plant in Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded).
D. Previously, California law required applicants for permits to carry a concealed weapon to demonstrate “good cause” for the issuance of the license. The United States Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, that such “good cause” requirements are unconstitutional under the Second and Fourteenth Amendments. This development in the law will likely result an increase in concealed carry permits issued in California.
E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in certain “sensitive places,” including “schools and government buildings,” and “legislative assemblies, polling places, and courthouses,” may be consistent with the Second Amendment. (N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S.
Ct. 2111; D.C. v. Heller (2008), 554 U.S. 570.)
F. Through this Ordinance, the City Council desires to establish a process to issue concealed carry firearm licenses and prohibit the carry of firearms in sensitive places, including by those who are licensed to carry a concealed weapon, consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v.
Bruen.
SECTION II. Title 4 of the Monte Sereno Municipal Code is hereby amending by adding Chapter 4.22, “Weapons,” to read as follows:
“WEAPONS
4.22.010 Definitions
4.22.020 License to carry pistol, revolver, or other firearm capable of being concealed upon the person
4.22.030 Prohibited acts – Ban on possession and sale of firearms
4.22.040 Exceptions – Ban on possession
4.22.050 Exceptions – Ban on sale
4.22.010. Definitions.
For the purpose of this Chapter, the following words and phrases have the meaning ascribed to them, unless otherwise noted:
“Ammunition” means any ammunition as defined in California Penal Code Section 16150, or any successor legislation.
“Chief of Police” means the Chief of the City Police or his/her designated. “Concealed firearm” has the meaning set forth in Section 25400 of the California Penal Code or any successor legislation.
“Firearm”:
(a) Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a weapon, from which is expelled though a barrel a projectile by the force of an explosion of other form of combustion.
3 of 7
Draft Ordinance Council Meeting Date
(b) Includes:
1. A firearm, as defined in California Penal Code section 16520 or any successor legislation.
2. A BB device, as defined in California Penal Code section 16250 or any successor legislation.
3. An imitation firearm, as defined in California Penal Code section16700(a) or any successor legislation.
“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.
“Sale” or “Sell”:
(a) Means any transaction, with or without the exchange of consideration, which:
1. Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or
2. Gives, loans, leases, or delivers a firearm, or ammunition, or both. (b) Includes the act of placing a order for any of the aforementioned transfers. "School” means “school zone” as defined in Penal Code Section 626.9 as well as institutions that provide preschool, post-secondary, technical, or trade or vocational education, and includes all athletic facilities, offices, cafeterias and eating establishments, health care facilities, research facilities, parking lots, and shared rooms and common areas of dormitories thereof. “School” does not include a private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption.
“Sensitive Place” means any of the following places:
(a) City Property;
(b) Any School;
(c) A church, synagogue, mosque or other place of worship, including in any parking area immediately adjacent threats. Unless the operation of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indication that license holders are permitted to carry firearms on the property.
“City Property” means City Hall and other City government buildings. “Unloaded”:
(a) Means:
1. No ammunition is in the firearm’s chamber or cylinder; and
2. No ammunition, clip, tube, speed loader, or magazine that is compatible with the firearm and that contains ammunition is on the person who is carrying the firearm.
(b) Does not include a muzzle-loading firearm that is capped or primed and has powder charge and ball, shot, or projectile in the barrel or cylinder.
4 of 7
Draft Ordinance Council Meeting Date
4.22.020. License to carry pistol, revolver, or other firearm capable of being concealed upon the person.
(a) In accordance with Penal Code Section 26155 and the concealed carry firearm license procedures implemented by the Chief of Police, a person may apply for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(b) The Chief of Police may issue a concealed carry firearm license to that person upon proof of all of the following:
1. The applicant is of good moral character.
2. The applicant is a resident of the City of Monte Sereno.
3. The applicant has completed a course of training as described in Penal Code Section 26165.
4. The application complies with state law, the City Municipal Code, and any concealed carry firearm license procedure adopted by the Chief of Police. (c) License applications shall be submitted electronically using the Town of Los Gatos’s on-line concealed carry license application portal. (d) The Chief of Police or designee shall review the completed application and corresponding documents to determine whether it satisfies the requirements set forth in state law, the City’s Municipal Code, and the Town of Los Gatos’s concealed carry firearm license procedure.
(e) Any such license issued shall contain a description of the Firearm subject to such license, giving the name of the manufacturer, the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event exceed two years from the date of issuance.
(f) In accordance with Penal Code Section 26200, the license may contain restrictions limiting the use of the concealed carry firearm.
(g) If the Chief of Police issues a license to the applicant, a duplicate original copy thereof shall be filed and remain in the office of the Chief of Police. (h) The Chief of Police may deny any application that does not comply with state law, the City’s Municipal Code, or the Town of Los Gatos’s concealed carry firearm license procedure or revoke any license if the license holder does not comply with state or local law, the City’s Municipal Code, the Town of Los Gatos’s concealed carry firearm license procedure, or a license condition. In such event, the Chief of Police shall notify such applicant or Licensee of the decision in person or by mail at the address shown on the application on file in the office of the Chief of Police.
Notice shall be deemed to have been given on the day the notice is mailed or personal notice given.
4.22.030. Prohibited acts – Ban on possession and sale of firearms.
No person shall, including those persons holding a concealed carry weapons license:
(a) Bring onto or possess at a Sensitive Place:
5 of 7
Draft Ordinance Council Meeting Date
1. A Firearm, loaded or unloaded.
2. Ammunition for a Firearm.
(b) Sell on City property:
1. A Firearm, loaded or unloaded.
2. Ammunition for a Firearm.
4.22.040. Exceptions – Ban on possession.
Section 4.22.030 does not apply to the following:
(a) A federal, state, or local law enforcement officer when such person is authorized to carry a concealed Firearm or a loaded Firearm under state law or under 18 U.S.C.
Section 926B or 926C or any successor legislation;
(b) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded Firearm under State law; (c) 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 duties;
(d) An active member of the military forces of the State or of the United States when engaged in the performance of lawful duties and orders; (e) A person delivering unloaded Firearms as authorized by state or federal law, to or from law enforcement;
(f) A person lawfully possessing an unloaded Firearm in the locked trunk or inside a locked container in a motor vehicle;
(g) A person who is lawfully at and using a firearms target range in accordance with its rules and applicable law.
(h) A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded Firearm and when engaged in exercise of official duties on city properties.
(i) An officer authorized to transport prisoners under applicable California or federal law.
(j) An authorized participant in a motion picture, television, film or video production, or musical theatrical production when the participant lawfully uses an unloaded Firearm as a part of that production.
(k) A hunter with a valid hunting license when going to or returning from a legal hunting expedition; provided, however, that when transiting through any area where Firearms are prohibited; any Firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation;
(l) A Licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation.
6 of 7
Draft Ordinance Council Meeting Date
4.22.50.Exceptions – Ban on sale.
Section 4.22.040 does not apply to the purchase of sale of a Firearm, or Ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local government entity.”
SECTION XI. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The City hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION XII. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION XIII. Publication.
The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION XIV. Effective Date.
This Ordinance was introduced at a regular meeting of the City Council of the City of Monte Sereno on the 15th of August, 2023, and adopted by the following vote as an ordinance of the City Council of the City of Monte Sereno at a regular meeting of the City Council of the City of Monte Sereno on the 19th day of September, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
7 of 7
Draft Ordinance Council Meeting Date
Bryan Mekechuk, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, City Clerk
SENATE BILL NO. 2
Bill Text: CA SB2 | 2023-2024 | Regular Session | Amended California Senate Bill 2
NOTE: There are more recent revisions of this legislation. Read Latest Draft Bill Title: Firearms.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Passed) 2023-09-26 - Chaptered by Secretary of State. Chapter 249, Statutes of 2023. [SB2 Detail] Download: California-2023-SB2-Amended.html
AMENDED IN ASSEMBLY SEPTEMBER 08, 2023
AMENDED IN ASSEMBLY JUNE 29, 2023
AMENDED IN SENATE MARCH 01, 2023
AMENDED IN SENATE JANUARY 31, 2023
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator Portantino
(Principal coauthors: Senators Blakespear and Bradford) Blakespear, Bradford, and Rubio) (Principal coauthors: Assembly Members Bauer-Kahan, Berman, Bonta, Gipson, Jones-Sawyer, McCarty, Petrie-Norris, and Wicks)
(Coauthors: Senators Ashby, Becker, Dodd, Eggman, Min, and Skinner) (Coauthors: Assembly Members Wendy Carrillo, Cervantes, Connolly, Gabriel, Haney, Lee, McKinnor, Pacheco, Santiago, Ting, and Ward)
December 05, 2022
An act to amend Sections 171b, 171d, 171.5, 171.7, 626.9, 25610, 25850, 26150, 26155, 26165, 26170, 26175, 26185, 26190, 26195, 26200, 26205, 26210, 26220, 26225, 29805, and 30370 of, to add Sections 25350, 26162, 26206, and 26230 26230, and 26235 to, and to repeal and add Section 26202 of, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, as amended, Portantino. Firearms.
Existing law prohibits a person from carrying a concealed firearm or carrying a loaded firearm in public. Existing law authorizes a licensing authority, as specified, if good cause exists for the issuance, and subject to certain other criteria including, among other things, the applicant is of good moral character and has completed a specified course of training, to issue a license to carry a concealed handgun or to carry a loaded and exposed handgun, as specified. Under existing law, the required course of training for an applicant is no more than 16 hours and covers firearm safety and laws regarding the permissible use of a firearm.
This bill would require the licensing authority to issue or renew a license if the applicant is not a disqualified person for the license and the applicant is at least 21 years of age. The bill would remove the good character and good cause requirements from the issuance criteria. Under the bill, the applicant would be a disqualified person if they, among other things, are reasonably likely to be a danger to self, others, or the community at large, as specified. This bill would add the requirement that the applicant be the recorded owner, with
the Department of Justice, of the pistol, revolver, or other firearm capable of being concealed upon the person. This bill would change the training requirement to be no less than 16 hours in length and would add additional subjects to the course including, among other things, the safe storage and legal transportation of firearms. The bill would require an issuing authority, prior to that issuance, renewal, or amendment to a license, if it has direct access to the designated department system to determine if the applicant is the recorded owner of the pistol, revolver, or other firearm. The bill would require an issuing authority without access to that system to confirm the ownership with the sheriff of the county in which the agency is located. By requiring local agencies to issue licenses for concealed firearms, this bill would create a state-mandated local program.
The bill would require a licensing authority to provide the applicant notice if a new license or license renewal is denied or revoked. If an application is denied or a license is revoked based on a determination that the applicant is a disqualified person, the bill would permit the applicant to request a hearing to challenge the license denial or revocation, and require the licensing authority to inform the applicant of the ability to seek a hearing. If a new license or license renewal is denied or revoked for any other reason, the bill would authorize the applicant to seek a writ of mandate from a superior court within 30 days of receipt of notice of denial or revocation, and require the licensing authority to inform the applicant of the ability to seek a writ of mandate. By imposing new duties on local licensing authorities, this bill would create a state-mandated local program.
Existing law requires an agency issuing a license described above to set forth specified information on the license, including, among other things, the licensee’s name, occupation, and reason for desiring a license to carry the weapon.
This bill would revise that information to include, among other things, the licensee’s driver’s license or identification number, fingerprints, and information relating to the date of expiration of the license, and would remove the requirement that the license detail the reason for desiring a license to carry the weapon.
Existing law requires an applicant for a license described above to provide fingerprints, as specified. Existing law exempts an applicant from this requirement if they have previously applied to the same licensing authority and the applicant’s fingerprints have previously been forwarded to the department, as specified, and instead requires that authority to note data that would provide positive identification in the files of the department, on the copy of any subsequent license submitted to the department.
This bill would require the licensing authority to submit fingerprint images and related information to the department for each applicant applying for a new or renewal license. The bill would require the department to notify the licensing authority if the department is unable to ascertain, among other things, the final disposition of an arrest or criminal charge under state or federal law that would prohibit the person from possessing, receiving, owning, or purchasing a firearm. The bill would require the licensing authority to instead collect the applicant’s fingerprint that would provide that positive identification in the files of the department, as specified. This bill would prohibit a license from being issued or renewed unless the department reports to a licensing authority that the applicant is eligible to possess, receive, own, or purchase a firearm.
Existing law requires a licensing authority to charge an additional fee in an amount equal to reasonable processing costs for a new license. Existing law also prohibits a licensing authority from imposing, among other things, a requirement or condition that an applicant pay additional funds or obtain liability insurance.
This bill would authorize a licensing authority to charge the additional processing cost fee for a license renewal and would permit the licensing authority to collect the first 50% of the fee upon filing of the application. The bill also removes the prohibition on licensing authority requirements for additional fees or liability insurance.
Existing law requires that licenses and applications for licenses be uniform throughout the state, and to be submitted upon forms prescribed by the Attorney General. When revising the standard application form for licenses, existing law requires the Attorney General to convene a committee to review and revise the existing application form. Existing law requires the Attorney General to develop a uniform license that may be used as indicia of proof of licensure throughout the state. Existing law also requires the committee to convene to review and revise the design standard for a uniform license.
This bill would authorize the Attorney General to revise the standard form for licenses and the design standard if the committee does not revise the form or issue a design standard within a specified time period.
Under existing law, it is a crime to bring a firearm into a state or local building, and makes it a crime to bring a loaded firearm into, or upon the grounds of, any residence of the Governor, any other constitutional officer, or Member of the Legislature. Existing law exempts a licensee from that prohibition if, among other things, the licensee has a valid license to carry the firearm.
This bill would remove those exemptions, except as specified. The bill would make it a crime to bring an unloaded firearm into, or upon the grounds of, any residence of the Governor, any other constitutional officer, or Member of the Legislature. The bill would also prohibit a licensee from carrying a firearm to specified locations, including, among other places, a building designated for a court proceeding and a place of worship, as defined, with specific exceptions. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
Existing law prohibits a person from knowingly possessing a firearm in a sterile area of an airport, passenger vessel terminal, or public transit facility, as defined.
This bill would additionally prohibit a person from knowingly possessing a firearm in any building, real property, or parking area under the control of an airport or passenger vessel terminal, as specified. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
Existing law, the Gun-Free School Zone Act of 1995, makes it a crime to possess a firearm in a place that the person knows, or reasonably should know, is a school zone. Existing law defines a school zone as an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the
public or private school. Existing law provides exceptions to that crime, including if a person with a valid concealed carry license who is carrying the firearm described in the license in an area that is not in, or on the grounds of, a public or private school and when a firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle.
This bill would revise the exception for a person who has a valid concealed carry license to permit them to carry a specified firearm in an area that is not within any building, real property, or parking area under the control of a public or private school, or on a street or sidewalk immediately adjacent to a building, real property, or parking area under the control of that public or private school, as specified.
Existing law requires a licensing authority to revoke a license to carry a firearm if the licensing authority is notified by the department or the licensing authority determines that a licensee is prohibited from possessing, receiving, owning, or purchasing a firearm under state or federal law.
This bill would also require a licensing authority to revoke a license if, among other things, a licensee has provided inaccurate or incomplete information on their application for a new license or license renewal.
Existing law authorizes a licensing authority to impose reasonable restrictions on the time, place, manner, and circumstances when a licensee may carry a firearm capable of being concealed.
While carrying a firearm, this bill would prohibit a licensee from, among other things, consuming an alcoholic beverage or controlled substance and from falsely representing that the licensee is a peace officer.
The bill would authorize the department to adopt emergency regulations to implement the concealed firearm licensing system, as specified.
This bill would make conforming changes.
The bill would additionally make various findings and declarations of the Legislature.
The bill would state that its provisions are severable.
This bill would incorporate additional changes to Section 29805 of the Penal Code proposed by SB 368 to be operative only if this bill and SB 368 are enacted and this bill is enacted last. This bill would also incorporate additional changes to Section 30370 of the Penal Code proposed by AB 135 and SB 135 to be operative only if this bill and either of those bills are enacted and this bill is enacted last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the following:
(a) The Legislature has compelling interests in protecting both individual rights and public safety. The Legislature’s intent and purpose in clarifying California’s requirements governing the issuance of carry concealed weapons (CCW) licenses, and clarifying Dealers’ Record of Sale cross-references, is to protect its residents’ rights to keep and bear arms while also protecting the public’s health and safety in the state by reducing the number of people killed, injured, and traumatized by gun violence; protecting the exercise of other fundamental rights, including the right to worship, attain an education, vote, and peaceably assemble and demonstrate; ensuring that law enforcement is able to effectively do its job; and combating terrorism. (b) While the United States Supreme Court has made clear that the Second Amendment to the United States Constitution imposes some restrictions on states’ ability to regulate firearms, it has recognized that the Second Amendment to the United States Constitution 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.” N.Y. State Rifle & Pistol Ass’n (2022), 142 S. Ct. 2111, 2162 (conc. opn. of Kavanaugh, J.). And when it comes to restrictions on carrying firearms in public, the United States Supreme Court has recognized three times that states may restrict the carrying of firearms in “sensitive places.” N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, 2133; see also McDonald v. City of Chicago (2010) 561 U.S. 742, 786 (plur. opn. of Alito, J.); District of Columbia v. Heller (2008) 554 U.S. 570, 626. It has also recognized that states may prohibit individuals who are not “law-abiding, responsible citizens” from carrying firearms in public. N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, 2138 fn.9.
(c) Indeed, the United States Supreme Court has affirmed the validity of “shall-issue” concealed carry licensing standards enacted in 43 states that include qualification standards that “are designed to ensure only that those bearing arms in the jurisdiction are, in fact, ‘law-abiding responsible citizens,’” N.Y. State Rifle & Pistol Ass’n v. Bruen (2022) 142 S. Ct. 2111, 2138 fn.9. The laws of at least 21 of these states authorize officials to deny concealed carry licenses to otherwise eligible applicants who are found not to be law-abiding or responsible based on a determination that the applicant lacks the character or temperament to carry firearms in public spaces or otherwise presents a danger to self, others, or the community at large. (See Ala. Code § 13A-11-75(a)(1)(a); Ark. Code Ann. § 5-73- 308(b)(1); Colo. Rev. Stat. § 18-12-203(2); Conn. Gen. Stat. §29-28(b); Del. Code, Tit. 11, § 1441; Ga. Code § 16-11-129(d)(4); 430 Ill. Comp. Stat. § 66/15; Ind. Code § 35-47-2-3(g); Iowa Code §724.8(3); Me. Rev. Stat. Ann., Tit. 25, § 2003; Minn. Stat. § 624.714; Mo. Rev. Stat. § 571.101.2(7); Mont. Code § 45-8-321(2); N.D. Cent. Code § 62.1-04-03(1)(e); Or. Rev. Stat. § 166.293(2); 18 Pa.
Cons. Stat. § 6109(e)(1)(i); R.I. Gen. Laws § 11-47-11; S.D. Codified Laws § 23-7-7.1; Utah Code § 53-5-704(3)(a); Va. Code § 18.2- 308.09(13); Wyo. Stat. § 6-8-104(g)). The United States Supreme Court repeatedly affirmed the validity of these states’ standards, including specifically and approvingly citing the standards adopted in Connecticut, which, the Court noted, validly preclude an otherwise eligible applicant from qualifying for a concealed carry license if the licensing official determines the applicant’s “conduct has shown them to be lacking the essential character of temperament necessary to be entrusted with a weapon.” N.Y. State Rifle & Pistol Ass’n v. Bruen (2022) 142 S. Ct. 2111, 2123 fn.1.
(d) Over the past several years, a wealth of empirical studies have shown that crime is higher when more people carry firearms in public places. While California and other states have decided to limit the places and conditions under which residents may carry firearms, over the past several decades other states have decided to allow most people to carry firearms in most public places. Those later states have seen markedly higher crime rates. According to one study, in the 33 states that adopted these “right-to-carry” laws, violent crime was substantially higher—13 to 15 percent higher—10 years after the laws were adopted than it would have been, had those states not adopted those laws. See Donohue, et al., “Right-to-Carry” Laws and Violent Crime: A Comprehensive Assessment Using Panel Data and a State-Level Synthetic Control Analysis (2019) 16 J. Empirical Legal Stud. 198. That same study acknowledged that crime had dropped in both “right-to-carry” states and other states over the past several decades, but concluded that the violent crime reduction in states that did not adopt “right-to-carry” laws was an order of magnitude higher than those that did—a 42.3 percent drop in violent crime for those states that did not adopt “right-to-carry” laws compared to just a 4.3 percent drop for those that did. (e) Broadly allowing individuals to carry firearms in most public areas increases the number of people wounded and killed by gun violence. Among other things, pervasive carrying increases the lethality of otherwise mundane situations, as we have seen shots fired in connection with road rage, talking on a phone in a theater, playing loud music at a gas station, a dispute over snow shoveling, and a dispute over the use of a disabled parking spot. Importantly, in many of these incidents, the shooters held permits that allowed them to carry firearms in public, meaning that they met the criteria necessary to secure a permit, which often include a requirement that the person not previously have been convicted of a serious crime. (f) Another study concluded that states that changed from prohibiting concealed carry of guns to a regime where the state must issue a CCW permit to any qualified applicant who requests one—a transition to a “shall issue” jurisdiction—experienced a 12.3 percent increase in gun-related murder rates, and a 4.9 increase in overall murder rates. Gius, Using the Synthetic Control Method to Determine the Effects of Concealed Carry Laws on State-Level Murder Rates (2019) 57 Int’l Rev. L. & Econ. 1. Two other studies concluded that states with “shall-issue” laws had higher overall homicide rates, higher firearm homicide rates, and higher handgun homicide rates as compared to the “may-issue” regimes in place in California and other states. Siegel, et al., Easiness of Legal Access to Concealed Firearm Permits and Homicide Rates in the United States (2017) 107 Am. J. Pub. Health 1923; Siegel, et al., The Impact of State Firearm Laws on Homicide and Suicide Deaths in the USA, 1991 – 2016: A Panel Study (2019) 34 J. Gen. Internal Med. 2021.
Several other studies reached similar results. Anita Knopov et al., The Impact of State Firearm Laws on Homicide Rates among Black and White Populations in the United States, 1991–2016 (2019) 44 Health & Soc. Work 232; John J. Donohue, Laws Facilitating Gun Carrying and Homicide (2017) 107 Am. J. Pub. Health 1864; Emma E. Fridel, Comparing the Impact of Household Gun Ownership and Concealed Carry Legislation on the Frequency of Mass Shootings and Firearms Homicide (2021) 38 Just. Q. 892; Cassandra K. Crifasi, Correction to: Association between Firearm Laws and Homicide in Urban Counties (2018) 95 J. Urban Health 773; Paul R. Zimmerman, The Deterrence of Crime Through Private Security Efforts: Theory and Evidence (2014) 37 Int’l Rev. L. & Econ. 66. (g) States with permissive “right-to-carry” laws also witness higher rates of firearm workplace homicides than those that did not have those laws. One study concluded that states with “right-to-carry” laws experienced 29 percent greater rates of firearm workplace homicides between 1992 and 2017 than those that did not. Mitchell L. Doucette et al., “Right-to-Carry” Laws and Firearm Workplace Homicides: A Longitudinal Analysis (1992–2017) (2019) 109 Am. J. Pub. Health 1747, 1751. Another peer-reviewed study found that restricting the ability to carry concealed weapons was associated with a 5.79 percent reduction in workplace homicide rates. Erika L.
Sabbath et al., State-Level Changes in Firearm Laws and Workplace Homicide Rates: United States, 2011 to 2017 (2020) 110 Am. J.
Pub. Health 230.
(h) While several studies from the late 1990s and early 2000s purported to conclude that increases in “right-to-carry” laws either decreased or had no effect on crime, many other early studies concluded that it increased crime. In 2005, the National Research Council issued a report evaluating the then-current literature about the impact of “right-to-carry” laws on crime, and concluded that it was “‘impossible to draw strong conclusions from the existing literature on the causal impact’ of “right-to-carry” laws on violent crime and property crime in general and rape, aggravated assault, auto theft, burglary, and larceny in particular,” and that the “existing data and methods” were likely insufficient to resolve the question, and that “new analytical approaches and data” were needed “if further headway is to be made.” Nat’l Research Council, Firearms and Violence: A Critical Review (2005) 272, 275. (i) Since that time a number of social scientists have taken up the National Research Council’s call. Those studies overwhelmingly support the conclusion that more carrying of firearms in public leads to an increase in crime: of the 35 social science studies looking at this issue since the National Research Council issued its report in 2005, 23 found an increase in crime, 7 found no effect, and 5 found a decrease in crime. A 2014 study from the Harvard Injury Control Research Center concluded that a sizable majority of firearms researchers disagree with the statement that the change in state level concealed carry laws in the United States over the past few decades from more restrictive to more permissive has reduced crime rates.
(j) Widespread carrying of firearms also impedes the exercise of other fundamental rights. When firearms are present in public spaces, it makes those places less safe, which discourages people from attending protests, going to school, peacefully worshiping, voting in person, and enjoying other activities.
(1) (A) While the net effect of policies that allow most people to carry firearms in most places have negatively impacted public safety broadly, their effects are likely to be far more deleterious when extended to college campuses. Risks of violence, suicide attempts, alcohol abuse, and other risky behavior are greatly elevated among college-aged, youth and in the campus environment, and the presence of firearms greatly increases the risk of lethal and near-lethal outcomes from these behaviors and in this context. Daniel W.
Webster et al., Firearms on College Campuses: Research Evidence and Policy Implications, Johns Hopkins Bloomberg Sch. of Pub.
Health (Oct. 15, 2016). Moreover, once Georgia passed a law allowing firearms to be carried on college campuses, campus members reported a statistically significant increase in perceptions of the campus as unsafe, fear of crime on campus, and lack of confidence in campus police; and a “statistically significantly increase in the proportion of campus members who reported experiencing fearful conflicts on campus.” Jennifer McMahon-Howard et al., Examining the Effects of Passing a Campus Carry Law: Comparing Campus Safety Before and After Georgia’s New Campus Carry Law, 20 J. of Sch. Violence (2021) 430. (B) Widespread carrying can also affect the ability to learn in primary and secondary schools. One study concluded that students exposed to school shootings have an increased absence rate, are more likely to be chronically absent and repeat a grade in the two years following the event, and suffer negative long-term impacts on high school graduation rates, college enrollment and graduation, and future employment and earnings. Marika Cabral et al., Trauma at School: The Impacts of Shootings on Students’ Human Capital and Economic Outcomes, Nat’l Bureau of Econ. Research (Dec. 2020). Another study looked at longer term consequences of school shootings, finding that exposure to shootings at schools resulted in lower test scores, increased absenteeism, and increased subsequent mortality for those students, and particularly boys, who are exposed to the highestvictimization school shootings. Phillip Levine and Robin McKnight, Exposure to a School Shooting and Subsequent Well-Being, Nat’l Bureau of Econ. Research (Dec. 2020).
(2) Widespread public carry also intimidates those who hope to peacefully worship. Places of worship already experience serious incidents or threats of violence. According to one study, the percentage of mass shootings motivated by religious hate escalated from 1 percent between 1966 and 2000 to 9 percent during 2000–2014 to 18 percent during 2018-February 2020. Richard R. Johnson, Serious Violence at Places of Worship in the U.S.—Looking at the Numbers, Dolan Consulting Grp. (Sept. 2019). A review of the Federal Investigation Bureau’s National Incident-Based Reporting System data—which covers only 20 percent of the country’s population—from 2000 through 2016 found that 1,652 incidents of “serious violence” occurred at places of worship, including aggravated assaults, shootings, stabbings, and bombings, with 57 percent involving the use of a firearm. Extrapolating those figures to the entire country would suggest that there are about 480 incidents of serious violence at places of worship in the United States each year. Allowing more people to carry in places of worship threatens to make these incidents more likely. (3) Carrying firearms impedes the exercise of other rights of the First Amendment to the United States Constitution, including the right to protest and vote. In a nationally representative survey, 60 percent responded that they would be “very unlikely” to attend a protest if guns were present, whereas only 7 percent said they would be “very likely” to attend such a protest. Alexandra Filindra, Americans Do Not Want Guns at Protests, this Research Shows, Wash. Post (Nov. 21, 2021). Another study concluded that 16 percent of demonstrations where firearms were present turned violent, as compared to less than 3 percent of demonstrations where firearms were not present. Everytown for Gun Safety & Armed Conflict Locations & Event Data Project, Armed Assembly: Guns, Demonstrations, and Political Violence in America (2021). (k) An individual does not need to carry several firearms at any one time in order to effectively defend themselves. Studies have shown that, on average, individuals fire approximately two rounds when using a firearm in self-defense inside or outside of the home, including approximately 27 percent of incidents in which no shots are fired and the mere brandishing of the firearm is sufficient for selfdefense. Limiting an individual to carrying no more than two firearms in public at any given time will not impair the ability of lawabiding, responsible individuals to engage in effective self-defense with a firearm. (l) Laws requiring an assessment of dangerousness in connection with obtaining firearms have saved lives. One study concluded that since California’s gun violence restraining order process—which allows family members and law enforcement to petition a court for an order temporarily prohibiting a person from purchasing or possessing firearms, if a court finds that the person is a danger to themselves or others—took effect in January 2016, there have been 21 instances in which the statute was used to prevent a mass shooting. Wintemute, et al., Extreme Risk Protection Orders Intended to Prevent Mass Shootings, 171 Annals of Internal Med. (2019) 655, 655-658. According to another study, 56 percent of mass shooters exhibited warning signs that they posed a risk to themselves or others before they carried out the shooting. Everytown for Gun Safety Support Fund, “Mass Shootings in America,” (Nov. 2020). One hundred percent of perpetrators of school violence showed concerning behaviors before committing their acts, according to a study by the United States Secret Service and the United States Department of Education. U.S. Secret Serv., Nat’l Threat Assessment Ctr., Protecting America’s Schools: A U.S. Secret Service Analysis of Targeted School Violence 43 (2019). (m) Broad public carry laws also impede the ability of law enforcement to ensure the public’s safety. For example, laws allowing open carry of firearms imperil law enforcement officers on the front lines by making it much more difficult for an officer to discern if a person is a threat, and when there is an active shooter situation, makes it harder to determine the source of the threat.
SEC. 2. Section 171b of the Penal Code is amended to read:
171b. (a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the Government Code, any of the following is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 17235 or in any provision listed in Section 16590. (3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the following:
(1) A person who possesses weapons in, or transports weapons into, a court of law to be used as evidence. (2) (A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply to any person who brings or possesses any weapon specified therein within any courtroom if they are a party to an action pending before the court. (3) A person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 who possesses the firearm within a building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, and is a justice, judge, or commissioner of the court. (4) A person who has permission to possess that weapon granted in writing by a duly authorized official who is in charge of the security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in lawful possession of, that building with respect to those portions of the building that are not owned or leased by the state or local government. (6) A person licensed or registered in accordance with, and acting within the course and scope of, Chapter 11.5 (commencing with Section 7512) or Chapter 11.6 (commencing with Section 7590) of Division 3 of the Business and Professions Code who has been hired by the owner or manager of the building if the person has permission pursuant to paragraph (5). (7) (A) A person who, for the purpose of sale or trade, brings any weapon that may otherwise be lawfully transferred, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6.
(B) A person who, for purposes of an authorized public exhibition, brings any weapon that may otherwise be lawfully possessed, into a gun show conducted pursuant to Article 1 (commencing with Section 27200) and Article 2 (commencing with Section 27300) of Chapter 3 of Division 6 of Title 4 of Part 6. (c) As used in this section, “state or local public building” means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the state or local government, if state or local public employees are regularly present for the purposes of performing their official duties. A state or local public building includes, but is not limited to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be used, by state or local employees as a place of residence.
SEC. 3. Section 171d of the Penal Code is amended to read:
171d. Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by that officer to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer, a member of the military forces of this state or of the United States engaged in the performance of their duties, the Governor or a member of their immediate family or a person acting with their permission with respect to the Governor’s Mansion or any other residence of the Governor, any other constitutional officer or a member of their immediate family or a person acting with their permission with respect to the officer’s residence, or a Member of the Legislature or a member of their immediate family or a person acting with their permission with respect to the Member’s residence, shall be punished by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170, if they do either of the following:
(a) Bring a firearm into, or possess a firearm within, the Governor’s Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.
(b) Bring a firearm upon, or possess a firearm upon, the grounds of the Governor’s Mansion or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.
SEC. 4. Section 171.5 of the Penal Code is amended to read:
171.5. (a) For purposes of this section:
(1) “Airport” means an airport, with a secured area, that regularly serves an air carrier holding a certificate issued by the United States Secretary of Transportation.
(2) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. (3) “Sterile area” means a portion of an airport defined in the airport security program to which access generally is controlled through the screening of persons and property, as specified in Section 1540.5 of Title 49 of the Code of Federal Regulations, or a portion of any passenger vessel terminal to which, pursuant to the requirements set forth in Sections 105.255 and 105.260(a) of Title 33 of the Code of Federal Regulations, access is generally controlled in a manner consistent with the passenger vessel terminal’s security plan and the maritime security level in effect at the time. (b) It is unlawful for any person to knowingly possess any firearm in any building, real property, or parking area under the control of an airport, except as provided for in subdivision (b), (c), or (e) of Section 26230. (c) It is unlawful for any person to knowingly possess, within any sterile area of an airport or a passenger vessel terminal, any of the following items:
(1) Any knife with a blade length in excess of four inches, the blade of which is fixed, or is capable of being fixed, in an unguarded position by the use of one or two hands.
(2) Any box cutter or straight razor.
(3) Any metal military practice hand grenade.
(4) Any metal replica hand grenade.
(5) Any plastic replica hand grenade.
(6) Any imitation firearm as defined in Section 417.4.
(7) Any frame, receiver, barrel, or magazine of a firearm. (8) Any unauthorized tear gas weapon.
(9) Any taser or stun gun as defined in Section 244.5.
(10) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(11) Any ammunition as defined in Section 16150.
(d) Subdivisions (b) and (c) shall not apply to, or affect, any of the following:
(1) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, or any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer.
(2) A person who has authorization to possess a weapon specified in subdivision (c), granted in writing by an airport security coordinator who is designated as specified in Section 1542.3 of Title 49 of the Code of Federal Regulations, and who is responsible for the security of the airport.
(3) A person, including an employee of a licensed contract guard service, who has authorization to possess a weapon specified in subdivision (c) granted in writing by a person discharging the duties of Facility Security Officer or Company Security Officer pursuant to an approved United States Coast Guard facility security plan, and who is responsible for the security of the passenger vessel terminal.
(e) Subdivision (b) shall not apply to, or affect, any person possessing an unloaded firearm being transported in accordance with Sections 1540.111(c)(2)(iii) and 1540.111(c)(2)(iv) of Title 49 of the Code of Federal Regulations, which require a hard-sided, locked container, so long as the person is not within any sterile area of an airport or a passenger vessel terminal. (f) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (g) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision.
(h) Nothing in this section is intended to affect existing state or federal law regarding the transportation of firearms on airplanes in checked luggage or the possession of the items listed in subdivision (c) in areas that are not “sterile areas.” SEC. 5. Section 171.7 of the Penal Code is amended to read:
171.7. (a) For purposes of this section:
(1) “Public transit facility” means any land, building, or equipment, or any interest therein, including any station on a public transportation route, to which access is controlled in a manner consistent with the public transit authority’s security plan, whether or not the operation thereof produces revenue, that has as its primary purpose the operation of a public transit system or the providing of services to the passengers of a public transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire. (2) “Firearm” has the same meaning as specified in subdivisions (a) and (b) of Section 16520. (b) It is unlawful for any person to knowingly possess any of the following in a public transit facility:
(1) Any firearm.
(2) Any imitation firearm as defined in Section 417.4.
(3) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any unauthorized tear gas weapon.
(8) Any undetectable knife, as described in Section 17290. (9) Any undetectable firearm, as described in Section 17280. (c) (1) Subdivision (b) shall not apply to, or affect, any of the following:
(A) A duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (B) A retired peace officer with authorization to carry concealed weapons as described in Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (C) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California. (D) A qualified law enforcement officer of another state or the federal government, as permitted under the Law Enforcement Officers Safety Act pursuant to Section 926B or 926C of Title 18 of the United States Code. (E) Any person summoned by any of the officers listed in subparagraphs (A) to (C), inclusive, to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer. (F) A person who is responsible for the security of the public transit system and who has been authorized by the public transit authority’s security coordinator, in writing, to possess a weapon specified in subdivision (b). (G) A person possessing an unloaded firearm while traveling on a public transit system that offers checked baggage services, so long as the firearm is stored in accordance with the public transit system’s checked baggage policies. (2) Paragraph (7) of subdivision (b) shall not apply to or affect the possession of a tear gas weapon when possession is permitted pursuant to Division 11 (commencing with Section 22810) of Title 3 of Part 6. (d) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (e) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision.
(f) This section does not prevent prosecution under any other provision of law that may provide a greater punishment. (g) This section shall be interpreted so as to be consistent with Section 926A of Title 18 of the United States Code.
SEC. 6. Section 626.9 of the Penal Code is amended to read:
626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
(b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone as defined in paragraph (4) of subdivision (e), shall be punished as specified in subdivision (f). (c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
(1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. (2) (A) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person is within a locked container in a motor vehicle or is within the locked trunk of a motor vehicle at all times. (B) This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. (3) When the person possessing the firearm reasonably believes that they are in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to their life or safety. This subdivision does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that they were in grave danger.
(4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
(5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is within a distance of 1,000 feet from the grounds of the public or private school, but is not within any building, real property, or parking area under the control of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or on a street or sidewalk immediately adjacent to a building, real property, or parking area under the control of that public or private school. Nothing in this paragraph shall prohibit a person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 from carrying a firearm in accordance with that license as provided in subdivisions (b), (c), or (e) of Section 26230. (d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone as defined in paragraph (4) of subdivision (e).
The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied.
(e) As used in this section, the following definitions shall apply:
(1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. (2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. (3) “Locked container” has the same meaning as that term is given in Section 16850. (4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. (f) (1) A person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years.
(2) A person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows:
(A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply:
(i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580.
(ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400.
(B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). (3) A person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years.
(g) (1) A person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that they be imprisoned in a county jail for not less than three months. (2) A person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that they be imprisoned in a county jail for not less than three months. (3) A person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that they be imprisoned in a county jail for not less than three months.
(4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. (h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, their designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, their designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (k) This section does not require that notice be posted regarding the proscribed conduct. (l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of their duties, or an armored vehicle guard, engaged in the performance of their duties as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. (n) This section does not apply to an existing shooting range at a public or private school or university or college campus. (o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following:
(1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (2) Section 25650.
(3) Sections 25900 to 25910, inclusive.
(4) Section 26020.
(5) Paragraph (2) of subdivision (c) of Section 26300.
(p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency.
(q) (1) This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus.
(2) This section does not apply to the activities of a state-certified hunter education program pursuant to Section 3051 of the Fish and Game Code if all firearms are unloaded and participants do not possess live ammunition in a school building.
SEC. 7. Section 25350 is added to the Penal Code, to read:
25350. (a) If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of any provision in this division is for any reason held unconstitutional, that decision does not affect the validity of any other provision in the division. The Legislature hereby declares that it would have passed the provisions listed in this division and each chapter, section, subdivision, paragraph, subparagraph, sentence, clause, and phrase of those provisions irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional. (b) If any application of any provision in this division to any person, group of persons, or circumstances is found by a court to be invalid or unconstitutional, the remaining applications of that provision to all other persons and circumstances shall be severed and shall not be affected. All constitutionally valid applications of this division shall be severed from any applications that a court finds to be invalid, leaving the valid applications in force, because it is the Legislature’s intent and priority that the valid applications be allowed to stand alone. Even if a reviewing court finds a provision of this division to impose an unconstitutional burden in a large or substantial fraction of relevant cases, the applications that do not present an unconstitutional burden shall be severed from the remaining applications and shall remain in force, and shall be treated as if the Legislature had enacted a statute limited to the persons, group of persons, or circumstances for which the statute’s application does not present an unconstitutional burden. If any court declares or finds a provision of this division facially unconstitutional, when discrete applications of that provision can be enforced against a person, group of persons, or circumstances without violating the United States Constitution and the California Constitution, those applications shall be severed from all remaining applications of the provision, and the provision shall be interpreted as if the Legislature had enacted a provision limited to the persons, group of persons, or circumstances for which the provision’s application will not violate the United States Constitution and the California Constitution.
SEC. 8. Section 25610 of the Penal Code is amended to read:
25610. Section 25400 shall not be construed to prohibit any citizen of the United States over 18 years of age who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person for any purpose specified in Sections 25510 to 25595, inclusive, provided that either of the following applies to the firearm:
(a) The firearm is unloaded, within a motor vehicle, and locked in the vehicle’s trunk or in a locked container in the vehicle. (b) The firearm is unloaded, carried by the person directly to or from any motor vehicle, and, while carrying the firearm, the firearm is contained within a locked container.
SEC. 9. Section 25850 of the Penal Code is amended to read:
25850. (a) A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street in an incorporated city, city and county, or in any public place or on any public street in a prohibited area of an unincorporated area of a county or city and county. (b) In order to determine whether or not a firearm is loaded for the purpose of enforcing this section, peace officers are authorized to examine any firearm carried by anyone on the person or in a vehicle while in any public place or on any public street in an incorporated city or prohibited area of an unincorporated territory. Refusal to allow a peace officer to inspect a firearm pursuant to this section constitutes probable cause for arrest for violation of this section. (c) Carrying a loaded firearm in violation of this section is punishable, as follows:
(1) Where the person previously has been convicted of any felony, or of any crime made punishable by a provision listed in Section 16580, as a felony.
(2) Where the firearm is stolen and the person knew or had reasonable cause to believe that it was stolen, as a felony. (3) Where the person is an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22, under the California Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1), as a felony.
(4) Where the person is not in lawful possession of the firearm, or is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, as a felony. (5) Where the person has been convicted of a crime against a person or property, or of a narcotics or dangerous drug violation, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. (6) Where the person is not listed with the Department of Justice pursuant to Section 11106 as the recorded owner of the handgun, by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not to exceed one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (7) In all cases other than those specified in paragraphs (1) to (6), inclusive, as a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine.
(d) (1) Every person convicted under this section who has previously been convicted of an offense enumerated in Section 23515, or of any crime made punishable under a provision listed in Section 16580, shall serve a term of at least three months in a county jail, or, if granted probation or if the execution or imposition of sentence is suspended, it shall be a condition thereof that the person be imprisoned for a period of at least three months.
(2) The court shall apply the three-month minimum sentence except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the minimum imprisonment required in this section or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in this section, in which case, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition. (e) A violation of this section that is punished by imprisonment in a county jail not exceeding one year shall not constitute a conviction of a crime punishable by imprisonment for a term exceeding one year for the purposes of determining federal firearms eligibility under Section 922(g)(1) of Title 18 of the United States Code. (f) Nothing in this section, or in Article 3 (commencing with Section 25900) or Article 4 (commencing with Section 26000), shall preclude prosecution under Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, Section 8100 or 8103 of the Welfare and Institutions Code, or any other law with a greater penalty than this section. (g) Notwithstanding paragraphs (2) and (3) of subdivision (a) of Section 836, a peace officer may make an arrest without a warrant:
(1) When the person arrested has violated this section, although not in the officer’s presence. (2) Whenever the officer has reasonable cause to believe that the person to be arrested has violated this section, whether or not this section has, in fact, been violated.
(h) A peace officer may arrest a person for a violation of paragraph (6) of subdivision (c), if the peace officer has probable cause to believe that the person is carrying a handgun in violation of this section and that person is not listed with the Department of Justice pursuant to paragraph (1) of subdivision (c) of Section 11106 as the recorded owner of that handgun.
SEC. 10. Section 26150 of the Penal Code is amended to read:
26150. (a) When a person applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the sheriff of a county shall issue or renew a license to that person upon proof of all of the following:
(1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202.
(2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400.
(3) The applicant is a resident of the county or a city within the county, or the applicant’s principal place of employment or business is in the county or a city within the county and the applicant spends a substantial period of time in that place of employment or business. Prima facie evidence of residency within the county or a city within the county includes, but is not limited to, the address where the applicant is registered to vote, the applicant’s filing of a homeowner’s property tax exemption, and other acts, occurrences, or events that indicate presence in the county or a city within the county is more than temporary or transient. The presumption of residency in the county or city within the county may be rebutted by satisfactory evidence that the applicant’s primary residence is in another county or city within the county. (4) The applicant has completed a course of training as described in Section 26165. (5) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued.
(b) The sheriff shall issue or renew a license under subdivision (a) in either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (2) Where the population of the county is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person. (c) (1) Nothing in this chapter shall preclude the sheriff of the county from entering into an agreement with the chief or other head of a municipal police department of a city to process all applications for licenses, renewals of licenses, or amendments to licenses pursuant to this chapter, in lieu of the sheriff.
(2) This subdivision shall only apply to applicants who reside within the city in which the chief or other head of the municipal police department has agreed to process applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.
SEC. 11. Section 26155 of the Penal Code is amended to read:
26155. (a) When a person applies for a new license or license renewal to carry a pistol, revolver, or other firearm capable of being concealed upon the person, the chief or other head of a municipal police department of any city or city and county shall issue or renew a license to that person upon proof of all of the following:
(1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202.
(2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400.
(3) The applicant is a resident of that city or city and county. Prima facie evidence of residency within the county or a city within the county includes, but is not limited to, the address where the applicant is registered to vote, the applicant’s filing of a homeowner’s property tax exemption, and other acts, occurrences, or events that indicate presence in the county or a city within the county is more than temporary or transient. The presumption of residency in the county or city within the county may be rebutted by satisfactory evidence that the applicant’s primary residence is in another county or city within the county. (4) The applicant has completed a course of training as described in Section 26165. (5) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued.
(b) The chief or other head of a municipal police department shall issue or renew a license under subdivision (a) in either of the following formats:
(1) A license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. (2) Where the population of the county in which the city is located is less than 200,000 persons according to the most recent federal decennial census, a license to carry loaded and exposed in only that county a pistol, revolver, or other firearm capable of being concealed upon the person.
(c) Nothing in this chapter shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this chapter.
SEC. 12. Section 26162 is added to the Penal Code, to read:
26162. (a) Prior to the issuance of a license, renewal of a license, or amendment to a license, each licensing authority with direct access to the designated Department of Justice system shall determine if the applicant is the recorded owner of the particular pistol, revolver, or other firearm capable of being concealed upon the person reported in the application for a license or the application for the amendment to a license under this chapter.
(b) An agency with direct access to the designated Department of Justice system shall confirm the applicant’s information with firearm ownership maintained in the system. An agency without access to the system shall confirm this information with the sheriff of the county in which the agency is located.
SEC. 13. Section 26165 of the Penal Code is amended to read:
26165. (a) For new license applicants, the course of training for issuance of a license under Section 26150 or 26155 may be any course acceptable to the licensing authority that meets all of the following minimum criteria:
(1) The course shall be no less than 16 hours in length. (2) The course shall include instruction on firearm safety, firearm handling, shooting technique, safe storage, legal methods to transport firearms and securing firearms in vehicles, laws governing where permitholders may carry firearms, laws regarding the permissible use of a firearm, and laws regarding the permissible use of lethal force in self-defense. (3) The course shall include a component, no less than one hour in length, on mental health and mental health resources. (4) Except for the component on mental health and mental health resources, the course shall be taught and supervised by firearms instructors certified by the Department of Justice pursuant to Section 31635. 31635, or in a manner to be prescribed by regulation. (5) The course shall require students to pass a written examination to demonstrate their understanding of the covered topics. (6) The course shall include live-fire shooting exercises on a firing range and shall include a demonstration by the applicant of safe handling of, and shooting proficiency with, each firearm that the applicant is applying to be licensed to carry. (b) A licensing authority shall establish, and make available to the public, the standards it uses when issuing licenses with regards to the required live-fire shooting exercises, including, but not limited to, a minimum number of rounds to be fired and minimum passing scores from specified firing distances.
(c) Notwithstanding subdivision (a), the licensing authority may require a community college course certified by the Commission on Peace Officer Standards and Training, up to a maximum of 24 hours, but only if required uniformly of all license applicants without exception.
(d) For license renewal applicants, the course of training may be any course acceptable to the licensing authority, shall be no less than eight hours, and shall satisfy the requirements of paragraphs (2) to (6), inclusive, of subdivision (a). No course of training shall be required for any person certified by the licensing authority as a trainer for purposes of this section, in order for that person to renew a license issued pursuant to this chapter.
(e) The applicant shall not be required to pay for any training courses prior to the initial determination of whether the applicant is a disqualified person pursuant to paragraph (1) of subdivision (d) of Section 26202.
SEC. 14. Section 26170 of the Penal Code is amended to read:
26170. (a) Upon proof of all of the following, the sheriff of a county, or the chief or other head of a municipal police department of any city or city and county, shall issue to an applicant a new license or license renewal to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person:
(1) The applicant is not a disqualified person to receive such a license, as determined in accordance with the standards set forth in Section 26202.
(2) The applicant is at least 21 years of age, and presents clear evidence of the person’s identity and age, as defined in Section 16400.
(3) The applicant has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 by that sheriff or that chief of police or other head of a municipal police department. (4) The applicant is the recorded owner, with the Department of Justice, of the pistol, revolver, or other firearm for which the license will be issued, or, the applicant is authorized to carry a firearm that is registered to the agency for which the licensee has been deputized or appointed to serve as a peace officer.
(b) Direct or indirect fees for the issuance of a license pursuant to this section may be waived. (c) The fact that an applicant for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person has been deputized or appointed as a peace officer pursuant to subdivision (a) or (b) of Section 830.6 shall be considered only for the purpose of issuing a license pursuant to this section, and shall not be considered for the purpose of issuing a license pursuant to Section 26150 or 26155.
SEC. 15. Section 26175 of the Penal Code is amended to read:
26175. (a) (1) (A) Applications for licenses and applications for amendments to licenses under this chapter shall be uniform throughout the state, upon forms to be prescribed by the Attorney General. (B) Upon the effective date of the act that added this subparagraph, the Attorney General may issue forms to be used for applications for licenses and applications for amendments to licenses under this chapter, in conformance with the act that added this subparagraph, to be used until 60 days after the effective date of the act that added this subparagraph. (2) The Attorney General shall convene a committee composed of one representative of the California State Sheriffs’ Association, one representative of the California Police Chiefs Association, and one representative of the Department of Justice to review, and, as deemed appropriate, revise the standard application form for licenses prescribed by the Attorney General pursuant to paragraph (1).
If the committee does not release a revised application form by 60 days after the effective date of the act that added subparagraph (B) of paragraph (1), the Attorney General has the sole authority to revise the standard application form for licenses. After the initial revised application is issued, if one of the committee’s members concludes that further revisions are necessary, that member shall notify the other members of the committee, and the committee shall revise the application within three months of the notification. If the committee fails to release a revised application within that time, the Attorney General has the sole authority to revise the standard application form for licenses.
(3) (A) The Attorney General shall develop a uniform license that may be used as indicia of proof of licensure throughout the state. (B) The Attorney General shall approve the use of licenses issued by local agencies that contain all the information required in subdivision (i), including a recent photograph of the applicant, and are deemed to be in substantial compliance with standards developed by the committee described in subparagraph (C), if developed, as they relate to the physical dimensions and general appearance of the licenses. The Attorney General shall retain exemplars of approved licenses and shall maintain a list of agencies issuing local licenses. Approved licenses may be used as indicia of proof of licensure under this chapter in lieu of the uniform license developed by the Attorney General.
(C) A committee composed of two representatives of the California State Sheriffs’ Association, two representatives of the California Police Chiefs Association, and one representative of the Department of Justice shall convene to review and revise, as the committee deems appropriate, the design standard for licenses issued by local agencies that may be used as indicia of proof of licensure throughout the state, provided that the design standard meets the requirements of subparagraph (B). If the committee does not issue a design standard by 60 days after the effective date of the act that added subparagraph (B) of paragraph (1), the Attorney General has the sole authority to set the design standard for licenses issued by local agencies that may be used as indicia of proof of licensure throughout the state, provided that the design standard meets the requirements of subparagraph (B).
After the initial design standard is issued, if one of the committee’s members concludes that further revisions are necessary, that member shall notify the other members of the committee, and the committee shall revise the design standard within three months of the notification. If the committee fails to release a design standard within that time, the Attorney General has the sole authority to revise the design standard for licenses issued by local agencies that may be used as indicia of proof of licensure throughout the state.
(b) The application shall include a section summarizing the requirements of state law that result in the automatic denial of a license. (c) (1) The standard application form for licenses described in subdivision (a) shall require information from the applicant, including, but not limited to, the name, occupation, residence, and business address of the applicant, the applicant’s age, height, weight, color of
eyes and hair, the applicant’s prior detentions, arrests, and criminal convictions, whether the applicant has been the subject of an order listed in paragraph (3) of subdivision (a) of Section 26202 or a valid restraining, protective, or stay-away order issued by an out-ofstate jurisdiction pursuant to laws concerning domestic violence, family law, protection of children or elderly persons, stalking, harassment, witness intimidation, or firearm possession, whether the applicant has previously been taken into custody as a danger to self or others under Section 5150 or Part 1.5 (commencing with Section 5585) of Division 5 of the Welfare and Institutions Code, assessed under Section 5151 of the Welfare and Institutions Code, admitted to a mental health facility under Section 5151 or 5152 of the Welfare and Institutions Code, or certified under Section 5250, 5260, or 5270.15 of the Welfare and Institutions Code, whether any licensing authority in this state or elsewhere has previously denied the applicant a license to carry a firearm or revoked such a license for any reason, the names and contact information of three persons willing to serve as references for the applicant, at least one of whom must be a person described in subdivision (b) of Section 273.5, if applicable, and at least one of whom must be the applicant’s cohabitant, if applicable, and other information sufficient to make a determination of whether the applicant is a disqualified person pursuant to Section 26202.
(2) In lieu of residence or business addresses, an applicant who participates in the program described in Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code may provide the address designated to the applicant by the Secretary of State.
(3) In lieu of a residence, an applicant who falls within the categories described in subdivision (c) of Section 26220 may provide a business address or an alternative mailing address, such as a post office box. (d) Completed applications for licenses shall be filed in writing and signed by the applicant, and contain all information required by the application, as determined by the licensing authority.
(e) Applications for amendments to licenses shall be filed in writing and signed by the applicant, and shall state what type of amendment is sought pursuant to Section 26215 and the reason for desiring the amendment. (f) The forms shall contain a provision whereby the applicant attests to the truth of statements contained in the application. (g) An applicant shall not be required to complete any additional application or form for a license, except to clarify or interpret information provided by the applicant on the standard application form. (h) The standard application form described in subdivision (a) is deemed to be a local form expressly exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(i) (1) As of 60 days after the effective date of the act that added subparagraph (B) of paragraph (1) of subdivision (a), a license issued upon the application shall set forth the licensee’s full name, driver’s license or identification number, Criminal Identification and Information number, occupation, residence and business address, the licensee’s date of birth, height, weight, and color of eyes and hair, and indicate the type of license issued as it relates to Section 26220, including license issuance and expiration date, and shall, in addition, contain the licensee’s fingerprints, a picture of the licensee, and a description of the weapon or weapons authorized to be carried, detailing the name of the manufacturer, the model, the serial number, and the caliber. The license issued to the licensee may be laminated. Prior to 60 days after the effective date of the act that added subparagraph (B) of paragraph (1) of subdivision (a), any license issued upon the application shall take the form of the uniform license developed by the Attorney General and used as indicia of proof of licensure throughout the state immediately prior to the effective date of the act that added this paragraph. (2) In lieu of residence or business addresses, a licensee who participates in the program described in Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code may provide the address designated to the applicant by the Secretary of State. Upon termination from the program described in Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, the licensee shall comply with Section 26210. (3) In lieu of a residence address, a licensee who falls within the categories described in subdivision (c) of Section 26220 may provide a business address or an alternative mailing address, such as a post office box. Upon termination from the category described in subdivision (c) of Section 26220, the licensee shall comply with Section 26210.
SEC. 16. Section 26185 of the Penal Code is amended to read:
26185. (a) (1) Upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for each applicant applying for a new license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, pursuant to subdivision (u) of Section 11105. The Department of Justice shall provide a state or federal response to the licensing authority, pursuant to subdivision (l) of Section 11105 of the Penal Code. For each applicant for a renewal license, upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit the renewal notification to the department in a manner prescribed by the department.
(2) Upon receipt of the fingerprints of an applicant for a new license or the notice for a renewal license as prescribed in paragraph (1), license, as well as the fee as prescribed in Section 26190, the department shall promptly furnish the forwarding licensing authority information as to whether the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department shall make this determination in a manner to be prescribed through regulations. If the department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant’s eligibility to possess, receive, own, or purchase a firearm, the department shall notify the forwarding licensing authority. For each applicant for a new license, the department shall also promptly furnish the forwarding licensing authority a criminal history report pertaining to the applicant.
(3) No new license or license renewal shall be issued by any licensing authority unless the report described in paragraph (2) confirms the applicant’s eligibility to possess, receive, own, or purchase a firearm. (b)Notwithstanding subdivision (a), if the license applicant has previously applied to the same licensing authority for a license to carry firearms pursuant to this chapter, the licensing authority shall collect the applicant’s fingerprint that would provide positive identification in the files of the Department of Justice on the copy of any subsequent license submitted to the department in conformance with Section 26225.
(c)If the license applicant has a license issued pursuant to this chapter and the applicant’s fingerprints have been previously forwarded to the Department of Justice, as provided in this section, the licensing authority shall collect the applicant’s fingerprint that would provide positive identification in the files of the Department of Justice on the copy of any subsequent license submitted to the department in conformance with Section 26225.
(b) (1) For each applicant for a renewal license, upon issuance of the notice described in paragraph (1) of subdivision (d) of Section 26202, the licensing authority shall submit to the department the renewal notification described in paragraph (1) of subdivision (d) of Section 26202, in a manner and format prescribed by the department. (2) For each renewal notification submitted to the department in accordance with paragraph (1) on or after September 1, 2026, the licensing authority shall also submit to the department fingerprint images and related information required by the department for each applicant applying for a renewal license to carry a pistol, revolver, or other firearm capable of being concealed upon the person, pursuant to subdivision (u) of Section 11105. The department shall then provide a state or federal response to the licensing authority, pursuant to subdivision (l) of Section 11105. (c) (1) For each applicant for a renewal license, upon receipt by the department of the renewal notification as prescribed in subdivision (b), as well as the fee as prescribed in Section 26190, the department shall determine whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) For each applicant for a renewal license whose renewal notification is submitted to the department prior to September 1, 2026, the department shall determine whether the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and notify the forwarding licensing agency in a manner to be prescribed through regulations. (3) For each applicant for a renewal license whose renewal notification is submitted to the department on or after September 1, 2026, upon receipt of the applicant’s fingerprints, the department shall promptly furnish the forwarding licensing authority information as to whether the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The department shall make this determination in a manner to be prescribed through regulations. If the department is unable to ascertain the final disposition of an arrest or criminal charge, the outcome of the mental health treatment or evaluation, or the applicant’s eligibility to possess, receive, own, or purchase a firearm, the department shall notify the forwarding licensing authority.
For each applicant for a renewal license, the department shall also promptly furnish the forwarding licensing authority a criminal history report pertaining to the applicant.
(d) For any renewal license applicant referred to the department prior to the effective date of the act that added this subdivision, the department may use any method authorized through regulations implementing paragraph (2) of subdivision (a) this section to determine if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (e) As used in this section, “licensing authority” means a sheriff of a county, or the chief or other head of a municipal police department of any city or city and county.
SEC. 17. Section 26190 of the Penal Code is amended to read:
26190. (a) (1) An applicant for a new license or for the renewal of a license shall pay at the time of filing the application a fee determined by the Department of Justice. The fee shall not exceed the application processing costs of the Department of Justice for the direct costs of furnishing the information and report required by Section 26185. (2) After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget. (3) The officer receiving the application and the fee shall transmit the fee fee, with the fingerprints, if required, to the Department of Justice. For applicants for a new license, fingerprints shall be transmitted to the department in accordance with subdivision (a) of Section 26185. For applicants for a renewal license, notice to the department shall be transmitted to the department in accordance with subdivision (a) of Section Justice in accordance with Section 26185. (b) (1) The licensing authority of any city, city and county, or county shall charge an additional fee in an amount equal to the reasonable costs for processing the application for a new license or a license renewal, issuing the license, and enforcing the license, including any required notices, excluding fingerprint and training costs, and shall transmit the additional fee, if any, to the city, city and county, or county treasury.
(2) The first 50 percent of this additional local fee may be collected upon filing of the initial or renewal application. The balance of the fee shall be collected only upon issuance of the license. (c) These local fees may be increased to reflect increases in the licensing authority’s reasonable costs, as described in paragraph (1) of subdivision (b). In no case shall the local fees exceed the reasonable costs to the licensing authority, as described in paragraph (1) of subdivision (b).
(d) (1) In the case of an amended license pursuant to Section 26215, the licensing authority of any city, city and county, or county may charge a fee in an amount not to exceed the reasonable costs to process the amended license. In no case shall the amount charged to the applicant for the amended license exceed the reasonable costs to the licensing authority. (2) This fee may be increased at a rate to reflect increases in the licensing authority’s reasonable costs, as described in paragraph (1) of subdivision (d). In no case shall this fee exceed the reasonable costs to the licensing authority, as described in paragraph (1). (3) The licensing authority shall transmit the fee to the city, city and county, or county treasury. (e) (1) If a psychological assessment on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist acceptable to the licensing authority. The applicant may be charged for the actual cost of the assessment. In no case shall the amount charged to the applicant for the psychological assessment exceed the reasonable costs to the licensing authority.
(2) Additional psychological assessment of an applicant seeking license renewal shall be required only if there is compelling evidence of a public safety concern to indicate that an assessment is necessary. The applicant may be charged for the actual cost of the assessment. In no case shall the cost of psychological assessment exceed the reasonable costs to the licensing authority.
SEC. 18. Section 26195 of the Penal Code is amended to read:
26195. (a) A license under this chapter shall not be issued if the Department of Justice determines that the person is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (b) (1) A license under this chapter shall be revoked by the local licensing authority if at any time either the local licensing authority determines or is notified by the Department of Justice of any of the following:
(A) A licensee is prohibited by state or federal law from owning or purchasing a firearm. (B) A licensee has breached any of the conditions or restrictions set forth in or imposed in accordance with Section 26200. (C) Any information provided by a licensee in connection with an application for a new license or a license renewal is inaccurate or incomplete.
(D) A licensee has become a disqualified person and cannot receive such a license, as determined in accordance with the standards set forth in Section 26202.
(2) If at any time the Department of Justice determines that a licensee is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, the department shall immediately notify the local licensing authority of the determination. (3) If the local licensing authority revokes the license, the Department of Justice shall be notified of the revocation pursuant to Section 26225. The licensee shall also be immediately notified of the revocation in writing.
SEC. 19. Section 26200 of the Penal Code is amended to read:
26200. (a) While carrying a firearm as authorized by a license issued pursuant to this chapter, a licensee shall not do any of the following:
(1) Consume an alcoholic beverage or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code.
(2) Be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption. (3) Be under the influence of any alcoholic beverage, medication, or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code.
(4) Carry a firearm not listed on the license or a firearm for which they are not the recorded owner. This paragraph does not apply to a licensee who was issued a license pursuant to Section 26170, in which case they may carry a firearm that is registered to the agency for which the licensee has been deputized or appointed to serve as a peace officer, and the licensee carries the firearm consistent with that agency’s policies.
(5) Falsely represent to a person that the licensee is a peace officer. (6) Engage in an unjustified display of a deadly weapon. (7) Fail to carry the license on their person.
(8) Impede a peace officer in the conduct of their activities. (9) Refuse to display the license or to provide the firearm to a peace officer upon demand for purposes of inspecting the firearm. (10) Violate any federal, state, or local criminal law. (b) In addition to the restrictions and conditions listed in subdivision (a), a license issued pursuant to this chapter may also include any reasonable restrictions or conditions that the licensing authority deems warranted, including restrictions as to the time, place, manner, and circumstances under which a licensee may carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(c) Any restrictions imposed pursuant to subdivision (b) shall be indicated on any license issued. (d) A licensee authorized to carry a firearm pursuant to this chapter shall not carry more than two firearms under the licensee’s control at one time.
SEC. 20. Section 26202 of the Penal Code is repealed.
SEC. 21. Section 26202 is added to the Penal Code, to read:
26202. (a) Unless a court makes a contrary determination pursuant to Section 26206, an applicant shall be deemed to be a disqualified person and cannot receive or renew a license pursuant to Section 26150, 26155, or 26170 if the applicant:
(1) Is reasonably likely to be a danger to self, others, or the community at large, as demonstrated by anything in the application for a license or through the investigation described in subdivision (b), or as shown by the results of any psychological assessment, including, but not limited to, the assessment described in subdivision (e) of Section 26190. (2) Has been convicted of contempt of court under Section 166. (3) Has been subject to any restraining order, protective order, or other type of court order issued pursuant to the following statutory provisions, unless that order expired or was vacated or otherwise canceled more than five years prior to the licensing authority receiving the completed application:
(A) Section 646.91 or Part 3 (commencing with Section 6240) of Division 10 of the Family Code. (B) Part 4 (commencing with Section 6300) of Division 10 of the Family Code. (C) Sections 136.2 and 18100.
(D) Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure. (E) Section 213.5, 304, 362.4, 726.5, or 15657.03 of the Welfare and Institutions Code. (4) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been convicted of an offense listed in Section 422.6, 422.7, 422.75, or 29805. (5) Has engaged in an unlawful or reckless use, display, or brandishing of a firearm. (6) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been charged with any offense listed in Section 290, 667.5, 1192.7, 1192.8, or 29805 that was dismissed pursuant to a plea or dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. (7) In the five years prior to the licensing authority receiving the completed application for a new license or a license renewal, has been committed to or incarcerated in county jail or state prison for, or on probation, parole, postrelease community supervision, or mandatory supervision as a result of, a conviction of an offense, an element of which involves controlled substances, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol. (8) Is currently abusing controlled substances, as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code, or alcohol.
(9) In the 10 years prior to the licensing authority receiving the completed application for a new license or a license renewal, has experienced the loss or theft of multiple firearms due to the applicant’s lack of compliance with federal, state, or local law regarding storing, transporting, or securing the firearm. For purposes of this paragraph, “multiple firearms” includes a loss of more than one firearm on the same occasion, or the loss of a single firearm on more than one occasion. (10) Failed to report a loss of a firearm as required by Section 25250 or any other state, federal, or local law requiring the reporting of the loss of a firearm.
(b) In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a) of this section, the licensing authority shall conduct an investigation that meets all of the following minimum requirements:
(1) An in-person interview with the applicant. For renewal applications, the licensing authority may elect to forgo this requirement. (2) In-person, virtual, or telephonic interviews with at least three character references, at least one of whom must be a person described in subdivision (b) of Section 273.5, if applicable, and at least one of whom must be the applicant’s cohabitant, if applicable.
For renewal applications, the licensing authority may elect to forgo this requirement. (3) A review of publicly available information about the applicant, including publicly available statements published or posted by the applicant.
(4) A review of all information provided in the application for a license. (5) A review of all information provided by the Department of Justice in accordance with subdivision (a) of, paragraph (2) of subdivision (b) of, and paragraph (3) of subdivision (c) of Section 26185, as well as firearms eligibility notices or any other information subsequently provided to the licensing authority regarding the applicant.
(6) A review of the information in the California Restraining and Protective Order System accessible through the California Law Enforcement Telecommunications System.
(c) In determining whether an applicant is a disqualified person and cannot receive or renew a license in accordance with subdivision (a), nothing in this section precludes the licensing authority from engaging in investigative efforts in addition to those listed in subdivision (b).
(d) Within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority shall give written notice to the applicant of the licensing authority’s initial determination, based on its investigation thus far, of whether an applicant is a disqualified person pursuant to Section 26150, 26155, or 26170 as follows:
(1) If the licensing authority makes an initial determination that, based on its investigation thus far, the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements specified in Section 26165. The licensing authority shall then submit the applicant’s fingerprints or the renewal notification to the Department of Justice in accordance with subdivision (a) of Section 26185.
(2) If, within 90 days of receiving the completed application for a new license or a license renewal, the licensing authority determines that the applicant is not a qualified a disqualified person, the notice shall inform the applicant that the request for a license has been denied, state the reason as to why the determination was made, and inform the applicant that they may request a hearing from a court, as outlined in Section 26206. A licensing authority providing notice under this paragraph informing the applicant that the request for a license has been denied satisfies the requirement to provide notice of a denial of a license pursuant to Section 26205. (e) The prohibitions listed in subdivision (a) shall apply whether or not the relevant conduct, order, conviction, charge, commitment, or other relevant action took place or was issued or entered before the effective date of the act that added this subdivision.
SEC. 22. Section 26205 of the Penal Code is amended to read:
26205. (a) Unless otherwise specified in subdivision (b), the licensing authority shall give written notice to the applicant indicating if the license under this chapter is approved or denied. The licensing authority shall give this notice within 120 days of receiving the completed application for a new license or a license renewal, license, or 30 days after receipt of the information and report from the Department of Justice described in paragraph (2) of subdivision (a) of Section 26185, whichever is later. The licensing authority shall give this notice within 120 days of receiving the completed application for a license renewal. (b) In determining whether to approve or deny an application for a new license or a license renewal the licensing authority shall apply the statutory requirements in effect as of the date the licensing authority received the completed application for a new license or a license renewal, except for the requirements in former paragraph (2) of subdivision (a) of Sections 26150, 26155, and 26170. For applications for a new license submitted prior to the effective date of the act that added this subdivision, the licensing authority shall give written notice to the applicant indicating if the license under this chapter is approved or denied within 120 days of receiving the completed application, or 30 days after receipt of the information and report from the Department of Justice described in paragraph (2) of subdivision (a) of Section 26185, whichever is later. (c) If the license is denied, the notice shall state which requirement was not satisfied.
SEC. 23. Section 26206 is added to the Penal Code, to read:
26206. (a) If a new license or license renewal pursuant to Section 26150, 26155, or 26170 is denied or revoked based on a determination that the applicant is a disqualified person for such a license, as set forth in Section 26202, the licensing authority shall provide the applicant with the notice of this determination as required under subdivision (d) of Section 26202, Section 26205, or paragraph (3) of subdivision (b) of Section 26195. The notice shall state the reason as to why the determination was made and also inform the applicant that they may request a hearing from a court, as provided in this section, to review the denial or revocation. The licensing authority shall provide the applicant with a copy of the most recent “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the Department of Justice under this section. (b) The department shall develop a “Request for Hearing to Challenge Disqualified Person Determination” form for use throughout the state. The form shall include an authorization for the release of the applicant’s criminal history records to the appropriate court solely for use in the hearing conducted pursuant to this section. The “Request for Hearing to Challenge Disqualified Person Determination” form is deemed to be a local form expressly exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (c) Except as specified in paragraph (2), an applicant shall have 30 days after the receipt of the notice of denial described in subdivision (a) to request a hearing to review the denial or revocation from the superior court of their county of residence. The request for hearing shall be made on the “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the department.
(1) Nothing in this section prevents a licensing authority from requiring an applicant to use and exhaust any process for appealing a denial or revocation that may be offered by the licensing authority prior to 30 days after the receipt of the notice of denial described in subdivision (a) before the applicant may request a hearing as described in this subdivision. Licensing authorities that require applicants to use such a process shall resolve any appeal within 60 days of when the appeal is filed. (2) If an applicant uses and exhausts any process for appealing a denial or revocation that is offered by the licensing authority as described in paragraph (1), an applicant shall have 30 days after receiving notice of an unsuccessful appeal to request a hearing to review the denial or revocation from the superior court of their county of residence. The request for hearing shall be made on the “Request for Hearing to Challenge Disqualified Person Determination” form prescribed by the department.
(d) (1) An applicant who has requested a hearing under this section shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the licensing authority, the department, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Within 14 days after receiving from the clerk of the court the request for a hearing, the department shall file copies of the applicant’s criminal history report described in this section with the superior court under seal, and the licensing authority shall file any records or reports on which it relied in denying or revoking the license at issue with the superior court. The licensing authority may also, or instead, file a declaration that summarizes the information it relied upon in denying or revoking the license at issue. The reports filed by the department and the licensing authority shall be disclosed to the person and to the district attorney upon request. The court, upon motion of the applicant establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera, with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public.
(2) The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. (3) Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section. (e) The people shall bear the burden of showing by a preponderance of the evidence that the applicant is a disqualified person in accordance with Section 26202.
(f) If the court finds at the hearing that the people have not met their burden, or if the district attorney declines or fails to go forward in the hearing, the court shall order as follows:
(1) If the applicant was denied a new license or license renewal, the court shall order that the person shall not be deemed a disqualified person to receive a new license or license renewal pursuant to Section 26150, 26155, or 26170, and that the licensing authority issue notice to proceed with the training requirements and submit the applicant’s fingerprints or the renewal notification in accordance with paragraph (1) of subdivision (d) of Section 26202. The Department of Justice shall then confirm the applicant’s eligibility to possess, receive, own, or purchase a firearm under Section 26185. in a manner prescribed through regulations. A copy of the order shall be submitted to the Department of Justice. (2) If the applicant’s license was revoked, the court shall order that the person’s license be reinstated with the original expiration date extended by the length of time between the date of the revocation notice provided under paragraph (3) of subdivision (b) of Section 26195 and the date of the court’s order so long as the Department of Justice confirms the applicant’s eligibility to possess, receive, own, or purchase a firearm in a manner prescribed through regulation. A copy of the order shall be submitted to the Department of Justice.
(g) If the court finds that the people have met their burden to show by a preponderance of the evidence that the applicant is a disqualified person in accordance with Section 26202, the court shall inform the person of their right to file a subsequent application for a license no sooner than two years from the date of the hearing. (h) If an applicant has been denied a license or had a license revoked based on any ground outlined in Section 26202 two or more times in a 10-year period, which determination was either not challenged or upheld at a hearing under this section, any subsequent hearings under this section for the applicant shall be conducted as described in this section, with the exception that the burden of proof shall be on the applicant to establish by a preponderance of the evidence that the applicant is not a disqualified person in accordance with Section 26202.
(i) If a new license or license renewal pursuant to Section 26150, 26155, or 26170 is denied or revoked based on the applicant’s failure to satisfy paragraph (2), (3), (4), or (5) of subdivision (a) of Section 26150, paragraph (2), (3), (4), or (5) of subdivision (a) of Section 26155, or paragraph (2), (3), or (4) of subdivision (a) of Section 26170, the licensing authority shall provide the applicant with the notice required under Section 26205 or paragraph (3) of subdivision (b) of Section 26195, as applicable, and inform the applicant that they may apply to the superior court of the county in which they reside for a writ of mandate pursuant to Section 1085 of the Code of Civil Procedure. Except as specified in paragraph (2), the application for writ of mandate shall be made within 30 days after the receipt of the notice of denial or the notice of revocation.
(1) Nothing in this section prevents a licensing authority from requiring an applicant to use and exhaust any process for appealing a denial or revocation that may be offered by the licensing authority prior to 30 days after the receipt of the notice of denial described in subdivision (a). Licensing authorities that require applicants to use such a process shall resolve any appeal within 60 days of when the appeal is filed.
(2) If an applicant uses and exhausts any process for appealing a denial or revocation that is offered by the licensing authority as described in paragraph (1), an applicant shall have 30 days after receiving notice of an unsuccessful appeal to file the application for writ of mandate described in this subdivision.
SEC. 24. Section 26210 of the Penal Code is amended to read:
26210. (a) When a licensee under this chapter has a change of address, the license shall be amended to reflect the new address and a new license shall be issued pursuant to subdivision (b) of Section 26215. (b) The licensee shall notify the licensing authority in writing within 10 days of any change in the licensee’s place of residence, and within 10 days of receiving that notice, the licensing authority shall notify the Department of Justice of the change in a licensee’s place of residence.
(c) If both of the following conditions are satisfied, a license to carry a concealed handgun may not be revoked solely because the licensee’s place of residence has changed to another county:
(1) The licensee has not breached any of the conditions or restrictions set forth in the license or imposed in accordance with Section 26200.
(2) The licensee has not become prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (d) Notwithstanding subdivision (c), if a licensee’s place of residence was the basis for issuance of a license, any license issued pursuant to Section 26150 or 26155 shall expire 90 days after the licensee moves from the county of issuance. (e) If the license is one to carry loaded and exposed a pistol, revolver, or other firearm capable of being concealed upon the person, the license shall be revoked immediately upon a change of the licensee’s place of residence to another county.
SEC. 25. Section 26220 of the Penal Code is amended to read:
26220. (a) Except as otherwise provided in this section and in subdivision (c) of Section 26210, a license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed two years from the date of the license. (b) If the licensee’s place of employment or business was the basis for issuance of a license pursuant to Section 26150, the license is valid for any period of time not to exceed 90 days from the date of the license, unless the license was issued pursuant to subdivision (d). The license shall be valid only in the county in which the license was originally issued. The licensee shall give a copy of this license to the licensing authority of the city, county, or city and county in which the licensee resides. The licensing authority that originally issued the license shall inform the licensee verbally and in writing in at least 16-point type of this obligation to give a copy of the license to the licensing authority of the city, county, or city and county of residence. Any application to renew or extend the validity of, or reissue, the license may be granted only upon the concurrence of the licensing authority that originally issued the license and the licensing authority of the city, county, or city and county in which the licensee resides. (c) A license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed three years from the date of the license if the license is issued to any of the following individuals:
(1) A judge of a California court of record.
(2) A full-time court commissioner of a California court of record. (3) A judge of a federal court.
(4) A magistrate of a federal court.
(d) A license issued pursuant to Section 26150 or 26155 is valid for any period of time not to exceed four years from the date of the license if the license is issued to a custodial officer who is an employee of the sheriff as provided in Section 831.5, except that the license shall be invalid upon the conclusion of the person’s employment pursuant to Section 831.5 if the four-year period has not otherwise expired or any other condition imposed pursuant to this article does not limit the validity of the license to a shorter time period.
(e) A license issued pursuant to Section 26170 to a peace officer appointed pursuant to Section 830.6 is valid for any period of time not to exceed four years from the date of the license, except that the license shall be invalid upon the conclusion of the person’s appointment pursuant to Section 830.6 if the four-year period has not otherwise expired or any other condition imposed pursuant to this article does not limit the validity of the license to a shorter time period.
SEC. 26. Section 26225 of the Penal Code is amended to read:
26225. (a) A record of the following shall be maintained in the office of the licensing authority:
(1) The denial of a license.
(2) The denial of an amendment to a license.
(3) The issuance of a license.
(4) The amendment of a license.
(5) The revocation of a license.
(b) Copies of each of the following shall be filed immediately by the licensing authority with the Department of Justice, in a manner as prescribed by the Attorney General:
(1) The denial of a license.
(2) The denial of an amendment to a license.
(3) The issuance of a license.
(4) The amendment of a license.
(5) The revocation of a license.
(c) (1) Commencing on or before January 1, 2000, and annually thereafter, each licensing authority shall submit to the Attorney General the total number of licenses issued to peace officers pursuant to Section 26170, and to judges pursuant to Section 26150 or 26155.
(2) The Attorney General shall collect and record the information submitted pursuant to this subdivision by county and licensing authority.
(d) The Department of Justice may adopt emergency regulations for the purpose of implementing Sections 26150 to 26230, inclusive, Section 29805, and Section 31635. The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. Emergency regulations adopted pursuant to this section shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect no later than two years after the effective date of the act that added this subdivision.
SEC. 27. Section 26230 is added to the Penal Code, to read:
26230. (a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into any of the following:
(1) A place prohibited by Section 626.9.
(2) A building, real property, or parking area under the control of a preschool or childcare facility, including a room or portion of a building under the control of a preschool or childcare facility. Nothing in this paragraph shall prevent the operator of a childcare facility in a family home from owning or possessing a firearm in the home if no child under child care at the home is present in the home or the firearm in the home is unloaded, stored in a locked container, and stored separately from ammunition when a child under child care at the home is present in the home so long as the childcare provider notifies clients that there is a firearm in the home.
(3) A building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of the state government, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c. (4) A building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, parking area under the control of the owner or operator of that building, or a building or portion of a building under the control of the Supreme Court, unless the person is a justice, judge, or commissioner of that court. (5) A building, parking area, or portion of a building under the control of a unit of local government, unless the firearm is being carried for purposes of training pursuant to Section 26165. (6) A building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.
(7) A building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided. (8) A bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole or in part with public funds. (9) A building, real property, and parking area under the control of a vendor or an establishment where intoxicating liquor is sold for consumption on the premises.
(10) A public gathering or special event conducted on property open to the public that requires the issuance of a permit from a federal, state, or local government and sidewalk or street immediately adjacent to the public gathering or special event but is not more than 1,000 feet from the event or gathering, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access their residence, place of business, or vehicle. (11) A playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth center.
(12) A park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas, provided this prohibition shall not apply to a licensee who must walk through such a place in order to access their residence, place of business, or vehicle.
(13) Real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, except those areas designated for hunting pursuant to Section 5003.1 of the Public Resources Code, Section 4501 of Title 14 of the California Code of Regulations, or any other designated public hunting area, public shooting ground, or building where firearm possession is permitted by applicable law.
(14) Any area under the control of a public or private community college, college, or university, including, but not limited to, buildings, classrooms, laboratories, medical clinics, hospitals, artistic venues, athletic fields or venues, entertainment venues, officially recognized university-related organization properties, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas.
(15) A building, real property, or parking area that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gambling establishments, gaming clubs, bingo operations, facilities licensed by the California Horse Racing
Board, or a facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played.
(16) A stadium, arena, or the real property or parking area under the control of a stadium, arena, or a collegiate or professional sporting or eSporting event.
(17) A building, real property, or parking area under the control of a public library. (18) A building, real property, or parking area under the control of an airport or passenger vessel terminal, as those terms are defined in subdivision (a) of Section 171.5.
(19) A building, real property, or parking area under the control of an amusement park. (20) A building, real property, or parking area under the control of a zoo or museum. (21) A street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. (22) A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size. (23) A financial institution or parking area under the control of a financial institution. (24) A police, sheriff, or highway patrol station or parking area under control of a law enforcement agency. (25) A polling place, voting center, precinct, or other area or location where votes are being cast or cast ballots are being returned or counted, or the streets or sidewalks immediately adjacent to any of these places. (26) Any other privately owned commercial establishment that is open to the public, unless the operator of the establishment clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.
(27) Any other place or area prohibited by other provisions of state law. (28) Any other place or area prohibited by federal law. (29) Any other place or area prohibited by local law.
(b) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box, as defined in subdivision (y) of Section 4082 and subdivision (b) of Section 4094 of Title 11 of the California Code of Regulations, and the lock box is a firearm safety device, as defined in Section 16540, that is listed on the department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. Nothing in this subdivision is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
(c) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subdivision (a) shall be allowed to:
(1) Transport a concealed firearm or ammunition within a vehicle into or out of the parking area so long as the firearm is locked in a lock box.
(2) Store ammunition or a firearm within a locked lock box and out of plain view within the vehicle in the parking area. Nothing in this paragraph is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles. (3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within a locked lock box in the vehicle’s trunk or other place inside the vehicle that is out of plain view.
(d) For purposes of subdivision (c), a lock box is an item as defined in subdivision (b) of Section 4082 and subdivision (y) of Section 4094 of Title 11 of the California Code of Regulations, which is a firearm safety device, as defined in Section 16540, that is listed on the Department’s Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. (e) Except in the places specified in paragraph (14) of subdivision (a), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a) if the concealed firearm is carried on their person in accordance with the provisions of this act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. Nothing in this section allows a person to loiter or remain in a place longer than necessary to complete their travel.
(f) Nothing in this section shall prohibit the carrying of a firearm where it is otherwise expressly authorized by law.
SEC. 28. Section 26235 is added to the Penal Code, to read:
26235. (a) For purposes of implementing this chapter, the Department of Justice may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis, including contracts to implement new or change existing information technology systems.
(b) Notwithstanding any other law, contracts entered into or amended, or changes to existing information technology systems made pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Chapter 5 (commencing with Section 19130) of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 12100) of Division 2 of the Public Contract Code, the Statewide Information Management Manual, and the State Administrative Manual and shall be exempt from the review or approval of any division of the Department of General Services or the Department of Technology.
SEC. 28.SEC. 29. Section 29805 of the Penal Code is amended to read:
29805. (a) (1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 487 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (d) Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b), (c), or (f) (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(e) Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (f) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section.
However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.
SEC. 29.5. Section 29805 of the Penal Code is amended to read:
29805. (a) (1) Except as provided in Section 29855, subdivision (a) of Section 29800, or subdivision (b), any person who has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 487 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2) Any person who has an outstanding warrant for any misdemeanor offense described in this subdivision, and who has knowledge of the outstanding warrant, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(b) Any person who is convicted, on or after January 1, 2019, of a misdemeanor violation of Section 273.5, and who subsequently owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) Any person who is convicted on or after January 1, 2020, of a misdemeanor violation of Section 25100, 25135, or 25200, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (d) Any person who is convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a, subdivision (b), (c), or (f) (b) or (c) of Section 368, or subdivision (e) or (f) of Section 29180, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(e) Any person who is convicted on or after January 1, 2024, of a misdemeanor violation of paragraph (5), (6), or (7) of subdivision (c) of Section 25400, paragraph (5), (6), or (7) of subdivision (c) of Section 25850, subdivision (a) of Section 26350, or subdivision (a) of Section 26400, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (f) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who is convicted on or after January 1, 2024, of a misdemeanor violation of this section, and who, within 10 years of the conviction owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (e)
(g) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section.
However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.
SEC. 29.SEC. 30. Section 30370 of the Penal Code is amended to read:
30370. (a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons are authorized to purchase ammunition:
(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess ammunition as specified in subdivision (b).
(2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710. (3) A purchaser or transferee who is not prohibited from purchasing or possessing ammunition in a single ammunition transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c). (b) To determine if the purchaser or transferee is eligible to purchase or possess ammunition pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the ammunition purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing ammunition by cross-referencing with the Prohibited Armed Persons File. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied. (c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing ammunition may be approved for a single ammunition transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225, as it read on December 31, 2019, and not to exceed the department’s reasonable costs. (d) A vendor is prohibited from providing a purchaser or transferee ammunition without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess ammunition via an Internet connection, the department shall provide a telephone line to verify eligibility. This option is available to ammunition vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification.
(e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging ammunition purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided, however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and enforcement costs. (f) A fund to be known as the “Ammunition Safety and Enforcement Special Fund” is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Ammunition Safety and Enforcement Special Fund and, notwithstanding
Section 13340 of the Government Code, are continuously appropriated for purposes of implementing, operating, and enforcing the ammunition authorization program provided for in this section and Section 30352 and for repaying the start-up loan provided for in Section 30371.
(g) The Department of Justice is authorized to adopt regulations to implement this section.
SEC. 30.5. Section 30370 of the Penal Code is amended to read:
30370. (a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition. Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons are authorized to purchase ammunition:
(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and who is eligible to possess ammunition as specified in subdivision (b).
(2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to Section 26710. (3) A purchaser or transferee who is not prohibited from purchasing or possessing ammunition in a single ammunition transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c). (b) To determine if the purchaser or transferee is eligible to purchase or possess ammunition pursuant to paragraph (1) of subdivision (a), the department shall cross-reference the ammunition purchaser’s or transferee’s name, date of birth, current address, and driver’s license or other government identification number, as described in Section 28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an AFS entry, the transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or possessing ammunition by cross-referencing with the Prohibited Armed Persons File. If the purchaser or transferee is prohibited from owning or possessing a firearm, the transaction shall be denied. (c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing ammunition may be approved for a single ammunition transaction or purchase. The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale (DROS) process, as described in Section 28225 28225, as it read on December 31, 2019, and not to exceed the department’s reasonable costs. (d) A vendor is prohibited from providing a purchaser or transferee ammunition without department approval. If a vendor cannot electronically verify a person’s eligibility to purchase or possess ammunition via an Internet internet connection, the department shall provide a telephone line to verify eligibility. This option is available to ammunition vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the information electronically and who are approved by the department to use the telephone line verification.
(e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article by charging ammunition purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided, however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and enforcement costs. Attorney General may adjust the fee as needed pursuant to this section, not to exceed the reasonable regulatory and enforcement costs for operating the program related to this article.
(f) A fund to be known as the “Ammunition Safety and Enforcement Special Fund” is hereby created within the State Treasury. All fees received pursuant to this section shall be deposited into the Ammunition Safety and Enforcement Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated for purposes of implementing, operating, and enforcing the ammunition authorization program provided for in this section and Section 30352 and for repaying the start-up loan provided for in Section 30371.
(g) The Department of Justice is authorized to adopt regulations to implement this section.
SEC. 30.SEC. 31. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 32. (a) Section 29.5 of this bill incorporates amendments to Section 29805 of the Penal Code proposed by both this bill and Senate Bill 368. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 29805 of the Penal Code, and (3) this bill is enacted after Senate Bill 368, in which case Section 29805 of this bill shall not become operative.
(b) Section 30.5 of this bill incorporates amendments to Section 30370 of the Penal Code proposed by this bill and Assembly Bill 135.
That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 30370 of the Penal Code, and (3) this bill is enacted after Assembly Bill 135, in which case Section 30370 of the Penal Code, as amended by Assembly Bill 135, shall remain operative only until the operative date of this bill, at which time Section 30.5 of this bill shall become operative, and Section 30 of this bill shall not become operative. (c) Section 30.5 of this bill incorporates amendments to Section 30370 of the Penal Code proposed by this bill and Senate Bill 135.
That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2024, (2) each bill amends Section 30370 of the Penal Code, and (3) this bill is enacted after Senate Bill 135, in which case Section 30370 of the
Penal Code, as amended by Assembly Bill 135, shall remain operative only until the operative date of this bill, at which time Section
30.5 of this bill shall become operative, and Section 30 of this bill shall not become operative.
SEC. 31.SEC. 33. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
STAFF REPORT
Meeting: City Council - Aug 15 2023
Agenda Heading: NEW BUSINESS
Staff Contact: Kirsten Powell, City Attorney
Department: City Attorney
Title: Introduce an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Recommendation(s):
Introduce an ordinance titled “An Ordinance Of The City Council Of The City Of Monte Sereno Amending Title 4, By Adding Chapter 4.22 Establishing The City’s Concealed Carry Firearm Licensing Process And Prohibiting The Carry Of Firearms In Sensitive Places.” Background Information:
State Penal Code Section 26155 authorizes local Chiefs of Police to issue a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. The City currently contracts with the Town of Los Gatos for police services and as part of that contract, the Police Chief is charged with issuing concealed care firearm licenses for eligible City residents. The Police Chief has requested that the City adopt an ordinance similar to the Town of Los Gatos’s ordinance regarding concealed care firearm licenses for consistency and efficiency. Staff recommends adopting an ordinance establishing a process for the issuance of concealed care firearm licenses similar to the Town of Los Gatos. Staff also recommends prohibiting the carrying of concealed firearms in “sensitive places” as authorized by recent case law.
On June 23, 2022, the U.S. Supreme Court decided the case of New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 ("Bruen"). In the Bruen decision, the Court held unconstitutional the State of New York's law requiring applicants to show "good cause" to obtain a license to carry a concealed weapon. The Court held that requiring applicants to demonstrate a "special need" for self-protection distinguishable from that of the general community violated the applicants' Second and Fourteenth Amendment rights.
The Bruen decision also held that certain locations are '"sensitive places' where arms carrying could be prohibited consistent with the Second Amendment." The Supreme Court expressed in District of Columbia v. Heller, and reaffirmed in McDonald v. City of Chicago, that "laws forbidding the carrying of firearms in sensitive places such as schools and government buildings" are "presumptively lawful." In Bruen, the Court named "legislative assemblies, polling places,
and courthouses" as examples of "sensitive places" where weapons could be prohibited consistent with the Second Amendment.
In response to the Bruen decision, state legislation was introduced in 2022 that would, among other things, prohibit the known possession of firearms in an expansive list of sensitive locations, even with a valid concealed carry license. The 2022 bill, SB 918, included an urgency clause, which triggered a supermajority requirement. It failed by one vote on the last day of the 2022 legislative session. The bill, renamed SB 2, has been reintroduced for consideration in the 2023 legislative session. Based on the prior vote, staff believes it is likely to be enacted and go into effect on January 1, 2024.
At this time, in the absence of state or local legislation prohibiting firearms in specified sensitive locations, the carrying of firearms with a valid license is lawful in most public and private places in California. Police Chiefs and City Attorneys in Santa Clara County have been collaborating to develop firearms policies in accordance with Supreme Court guidance, and several cities have already enacted “sensitive places” ordinances. Staff recommends that the City Council prohibit concealed carry firearms in specified “sensitive places,” which are defined as City property, schools, and places of worship. City property is defined to mean City government buildings which would include City Hall and the proposed Community Center.
Analysis:
The proposed ordinance would establish a process for the issuance of concealed carry licenses and prohibit the carrying of firearms in certain "sensitive places" that have been explicitly authorized by the Supreme Court. The proposed ordinance:
• Sets forth the general requirements for obtaining a concealed carry firearms license and references state law and the concealed carry firearms licensing procedures adopted by the Chief of Police (Section 4.22.020)
• Provides definitions for terms used (Section 4.22.010) • With limited exceptions, prohibits concealed carry firearms at “sensitive places” (Section
4.22.030)
• With limited exceptions, prohibits the sale of firearms on City property (Section
4.22.030)
California Environmental Quality Act:
Introduction of this Ordinance is not a project subject to CEQA, because it can be seen with certainty that it will not have an impact on the physical environment. (CEQA Guidelines Section 15378.)
Fiscal Impact:
The Ordinance will not have a fiscal impact.
Conclusion:
To maintain consistency in process and to comply with recent case law, staff recommends that the City Council adopt an ordinance to establish a process to issue concealed carry firearm licenses and prohibit firearms in sensitive places.
If introduced, the proposed ordinance will return for adoption by the next regular City Council meeting and will take effect 30 days from the date of adoption.
Attachments:
Proposed Ordinance
1 of 7
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING TITLE 4, BY ADDING CHAPTER 4.22 ESTABLISING THE CITY’S
CONCEALED CARRY FIREARM LICENSING PROCESS AND PROHIBITING THE
CARRY OF FIREARMS IN SENSITIVE PLACES
WHEREAS, State Penal Code Section 26155 authorizes Chiefs of Police to issue concealed carry firearm licenses;
WHEREAS, as the City contracts for police services with the Town of Los Gatos, the Los Gatos-Monte Sereno Police Chief is responsible for issuing concealed carry firearm licenses;
WHEREAS, the 2022 Supreme Court decision of N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (“Bruen”) held that a “good cause” requirement for a concealed carry firearm license is unconstitutional;
WHEREAS, the Bruen decision also held that municipalities can prohibit the carrying of concealed weapons in “sensitive places;” and WHEREAS, the City wishes establish a process consistent with the Town of Los Gatos’s process to ensure efficiency and consistency for the Police Chief and to add a prohibition on firearms, including concealed carry firearms, in “sensitive places;” NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Monte Sereno as follows:
SECTION I. Legislative Findings:
A. The City of Monte Sereno has a compelling interest in protecting the health and safety of the public and the orderly functioning of government within its bounds.
B. The incidence of firearm-related fatalities and injuries has reached alarming and unacceptable proportions at the national, state, and local level, as described in a report by the Santa Clara County Department of Public Health, “Cost of Gun Violence in Santa Clara County” (Aug. 12, 2022), which notes that the ageadjusted firearm death rate in Santa Clara County was 4.8 people per 100,000 in 2020, the highest rate in the past decade.
C. According to the Gun Violence Archive (https://www.gunviolencearchive.org), California experienced 369 mass shootings (defined as an incident that kills or injures four or more people) between 2014 and January 2023. In Santa Clara County, mass shooting tragedies have included May 26, 2021, at the VTA railyard in San Jose (10 dead including the shooter); July 28, 2019, at the Gilroy Garlic festival (4 dead including the shooter, 17 wounded); Oct. 5, 2011, at the
2 of 7
Lehigh Cement Plant in Cupertino (3 dead, 7 wounded); and Feb 16, 1988 at ESL Inc. in Sunnyvale (7 dead, 4 wounded).
D. Previously, California law required applicants for permits to carry a concealed weapon to demonstrate “good cause” for the issuance of the license. The United States Supreme Court recently held, in N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S. Ct. 2111, that such “good cause” requirements are unconstitutional under the Second and Fourteenth Amendments. This development in the law will likely result an increase in concealed carry permits issued in California.
E. The U.S. Supreme Court has said that laws prohibiting the carrying of firearms in certain “sensitive places,” including “schools and government buildings,” and “legislative assemblies, polling places, and courthouses,” may be consistent with the Second Amendment. (N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), 142 S.
Ct. 2111; D.C. v. Heller (2008), 554 U.S. 570.)
F. Through this Ordinance, the City Council desires to establish a process to issue concealed carry firearm licenses and prohibit the carry of firearms in sensitive places, including by those who are licensed to carry a concealed weapon, consistent with the Supreme Court’s guidance in N.Y. State Rifle & Pistol Ass’n v.
Bruen.
SECTION II. Title 4 of the Monte Sereno Municipal Code is hereby amending by adding Chapter 4.22, “Weapons,” to read as follows:
“WEAPONS
4.22.010 Definitions
4.22.020 License to carry pistol, revolver, or other firearm capable of being concealed upon the person
4.22.030 Prohibited acts – Ban on possession and sale of firearms
4.22.040 Exceptions – Ban on possession
4.22.050 Exceptions – Ban on sale
4.22.010. Definitions.
For the purpose of this Chapter, the following words and phrases have the meaning ascribed to them, unless otherwise noted:
“Ammunition” means any ammunition as defined in California Penal Code Section 16150, or any successor legislation.
“Chief of Police” means the Chief of the City Police or his/her designated. “Concealed firearm” has the meaning set forth in Section 25400 of the California Penal Code or any successor legislation.
“Firearm”:
(a) Means any gun, pistol, revolver, rifle, or any devise, designated or modified to be used as a weapon, from which is expelled though a barrel a projectile by the force of an explosion of other form of combustion.
3 of 7
Draft Ordinance Council Meeting Date
(b) Includes:
1. A firearm, as defined in California Penal Code section 16520 or any successor legislation.
2. A BB device, as defined in California Penal Code section 16250 or any successor legislation.
3. An imitation firearm, as defined in California Penal Code section16700(a) or any successor legislation.
“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.
“Sale” or “Sell”:
(a) Means any transaction, with or without the exchange of consideration, which:
1. Transfers ownership, title, possession, or control of a firearm, or ammunition, or both; or
2. Gives, loans, leases, or delivers a firearm, or ammunition, or both. (b) Includes the act of placing a order for any of the aforementioned transfers. "School” means “school zone” as defined in Penal Code Section 626.9 as well as institutions that provide preschool, post-secondary, technical, or trade or vocational education, and includes all athletic facilities, offices, cafeterias and eating establishments, health care facilities, research facilities, parking lots, and shared rooms and common areas of dormitories thereof. “School” does not include a private residence at which education is provided for children who are all related to one another by blood, marriage, or adoption.
“Sensitive Place” means any of the following places:
(a) City Property;
(b) Any School;
(c) A church, synagogue, mosque or other place of worship, including in any parking area immediately adjacent threats. Unless the operation of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indication that license holders are permitted to carry firearms on the property.
“City Property” means City Hall and other City government buildings. “Unloaded”:
(a) Means:
1. No ammunition is in the firearm’s chamber or cylinder; and
2. No ammunition, clip, tube, speed loader, or magazine that is compatible with the firearm and that contains ammunition is on the person who is carrying the firearm.
(b) Does not include a muzzle-loading firearm that is capped or primed and has powder charge and ball, shot, or projectile in the barrel or cylinder.
4 of 7
Draft Ordinance Council Meeting Date
4.22.020. License to carry pistol, revolver, or other firearm capable of being concealed upon the person.
(a) In accordance with Penal Code Section 26155 and the concealed carry firearm license procedures implemented by the Chief of Police, a person may apply for a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person.
(b) The Chief of Police may issue a concealed carry firearm license to that person upon proof of all of the following:
1. The applicant is of good moral character.
2. The applicant is a resident of the City of Monte Sereno.
3. The applicant has completed a course of training as described in Penal Code Section 26165.
4. The application complies with state law, the City Municipal Code, and any concealed carry firearm license procedure adopted by the Chief of Police. (c) License applications shall be submitted electronically using the Town of Los Gatos’s on-line concealed carry license application portal. (d) The Chief of Police or designee shall review the completed application and corresponding documents to determine whether it satisfies the requirements set forth in state law, the City’s Municipal Code, and the Town of Los Gatos’s concealed carry firearm license procedure.
(e) Any such license issued shall contain a description of the Firearm subject to such license, giving the name of the manufacturer, the serial number and caliber and gauge, and shall set forth the date issued and expiration date, which shall in no event exceed two years from the date of issuance.
(f) In accordance with Penal Code Section 26200, the license may contain restrictions limiting the use of the concealed carry firearm.
(g) If the Chief of Police issues a license to the applicant, a duplicate original copy thereof shall be filed and remain in the office of the Chief of Police. (h) The Chief of Police may deny any application that does not comply with state law, the City’s Municipal Code, or the Town of Los Gatos’s concealed carry firearm license procedure or revoke any license if the license holder does not comply with state or local law, the City’s Municipal Code, the Town of Los Gatos’s concealed carry firearm license procedure, or a license condition. In such event, the Chief of Police shall notify such applicant or Licensee of the decision in person or by mail at the address shown on the application on file in the office of the Chief of Police.
Notice shall be deemed to have been given on the day the notice is mailed or personal notice given.
4.22.030. Prohibited acts – Ban on possession and sale of firearms.
No person shall, including those persons holding a concealed carry weapons license:
(a) Bring onto or possess at a Sensitive Place:
5 of 7
Draft Ordinance Council Meeting Date
1. A Firearm, loaded or unloaded.
2. Ammunition for a Firearm.
(b) Sell on City property:
1. A Firearm, loaded or unloaded.
2. Ammunition for a Firearm.
4.22.040. Exceptions – Ban on possession.
Section 4.22.030 does not apply to the following:
(a) A federal, state, or local law enforcement officer when such person is authorized to carry a concealed Firearm or a loaded Firearm under state law or under 18 U.S.C.
Section 926B or 926C or any successor legislation;
(b) An honorably retired officer or agent of a law enforcement agency, when authorized to carry a concealed or loaded Firearm under State law; (c) 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 duties;
(d) An active member of the military forces of the State or of the United States when engaged in the performance of lawful duties and orders; (e) A person delivering unloaded Firearms as authorized by state or federal law, to or from law enforcement;
(f) A person lawfully possessing an unloaded Firearm in the locked trunk or inside a locked container in a motor vehicle;
(g) A person who is lawfully at and using a firearms target range in accordance with its rules and applicable law.
(h) A patrol special police officer, animal control officer, or zookeeper when authorized by applicable California or federal law to carry a loaded Firearm and when engaged in exercise of official duties on city properties.
(i) An officer authorized to transport prisoners under applicable California or federal law.
(j) An authorized participant in a motion picture, television, film or video production, or musical theatrical production when the participant lawfully uses an unloaded Firearm as a part of that production.
(k) A hunter with a valid hunting license when going to or returning from a legal hunting expedition; provided, however, that when transiting through any area where Firearms are prohibited; any Firearm is safely stored in a locked container or otherwise secured using a firearm safety device as defined by California Penal Code Section 16540 or any successor legislation;
(l) A Licensee in their residence or place of business in accordance with Section 12026 of the California Penal Code and any successor legislation.
6 of 7
Draft Ordinance Council Meeting Date
4.22.50.Exceptions – Ban on sale.
Section 4.22.040 does not apply to the purchase of sale of a Firearm, or Ammunition, or both, by a federal, state, or local law enforcement agency or by any other federal, state, or local government entity.”
SECTION XI. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Section and shall not affect the validity of the remaining portions of this Section. The City hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Section irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Section might be declared unconstitutional, preempted, or otherwise invalid.
SECTION XII. CEQA.
Adopting this Ordinance is not a project subject to CEQA because it can be seen with certainty that it will not impact the environment (CEQA Guidelines Section 15378).
SECTION XIII. Publication.
The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION XIV. Effective Date.
This Ordinance was introduced at a regular meeting of the City Council of the City of Monte Sereno on the 15th of August, 2023, and adopted by the following vote as an ordinance of the City Council of the City of Monte Sereno at a regular meeting of the City Council of the City of Monte Sereno on the 19th day of September, 2023. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
7 of 7
Draft Ordinance Council Meeting Date
________________________________
Bryan Mekechuk, Mayor
ATTEST:
_______________________________
Gloisy Gonzalez-Langarica, City Clerk
STAFF REPORT
Meeting: City Council - Oct 03 2023
Agenda Heading: UNFINISHED BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Introduction and Waiver of First Reading of either Ordinance No. NS-236, an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors) and Repealing Section 9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage
OR
Ordinance No. NS-237 an Ordinance of the City Council of the City of Monte Sereno Amending Section 9.07.040 (Mechanical Blowers – When Prohibited for Contractors), Repealing Section 9.07.050 (Mechanical Blowers – When Prohibited for Homeowners and Tenants) to Revise the Allowable Hours for Leaf Blower Usage, and adding Section 9.07.035 (Mechanical Blowers – Gasoline Power Prohibited)
Recommendation(s):
Staff recommends the City Council introduce and waive the first reading of either Ordinance No. NS-236 or NS-237.
Draft Ordinance NS-236 revises the allowable hours of operation for leaf blowers to reduce the hours when such equipment can be used to Monday through Friday between 8:00am and 5:00pm, Saturday between 9:00am and 5:00pm, and no such operation on Sundays or City observed holidays.
Draft Ordinance NS-237 revises the allowed hours of operation for leaf blowers as described above and also prohibits the use of gas powered leaf blowers.
Background Information:
At the December 20, 2022 City Council meeting, Vice Mayor Wolsheimer requested a possible ban on gas-powered leaf blowers be discussed at a future City Council meeting. At the March 3, 2023 City Council meeting, the City Council directed staff to reach out to the community to
solicit feedback on a potential ban on gas powered leaf blowers and provide this information to the City Council at a future meeting.
This item was discussed at the August 15, 2023 City Council meeting. At that meeting, the City Council continued this item to the October 3, 2023 meeting in order for Silicon Valley Clean Energy to provide additional information on the emissions from gas powered leaf blowers.
Analysis:
According to the California Air Resources Board, the volume of smog-forming emissions from gas-powered leaf blowers, lawn mowers, hedge trimmers, edgers, and other small off-road engines (SORE) has surpassed emissions from light-duty passenger cars and is projected to be nearly twice those of passenger cars by 2031. A commercial operator using a backpack leaf blower for one hour generates the same smog-forming emissions as a car driving 1,100 miles.
In October 2021, Governor Newsom signed AB 1346 which will ban the sale of new gaspowered leaf blowers, lawn mowers, hedge trimmers, edgers, and other SORE starting with the units manufactured in the model year 2024. Although this law will ban the manufacturing and sale of gas-powered SORE equipment, the use of existing gas-powered equipment will not be restricted by this law.
The California Air Resources Board offers incentives for professional landscapers to purchase zero-emission professional landscape equipment by providing discounts on such equipment.
To qualify, professional landscapers would contact an eligible dealer, provide a voucher request, and the discount would be provided at the time of purchase of the equipment from the eligible dealer.
In Santa Clara County, the Town of Los Gatos, the City of Los Altos, and the City of Palo Alto have prohibited the use of gas-powered leaf blowers. The Town of Los Altos Hills considered a ban on gas powered leaf blowers in 2022 but decided not to ban this type of equipment and instead set restrictions on the noise limits and hours of operation.
Current Municipal Code Requirements
Currently, the Municipal Code regulations all leaf blowers in the same manner with restrictions on the time of use as well as the noise level of such equipment. Following are the currently allowed hours of operation:
Monte Sereno
Allowed Hours of Operation for Leaf Blowers
Contractors Homeowners/Tenants
Monday – Friday 8:00am to 5:00pm No time restrictions
Saturdays 9:00am to 5:00pm No time restrictions
Monte Sereno
Allowed Hours of Operation for Leaf Blowers
Sundays and Public
Holidays
Not allowed 10:00am to 5:00pm
Following is a comparison of the allowed hours of operation for leaf blowers in surrounding communities:
Allowed Hours of Operation for Leaf Blowers
Jurisdiction Monday-Friday Saturday Sunday
Town of Los Gatos 8:00am – 5:00pm 9:00am – 4:00pm 9:00am – 4:00pm City of Saratoga 8:00am – 5:00pm 10:00am – 5:00pm Not Allowed City of Los Altos 9:00am – 5:00pm 9:00am – 5:00pm 9:00am – 5:00pm Town of Los Altos
Hills
8:00am – 5:30pm 8:00am – 5:30pm Not Allowed
City of Palo Alto 9:00am – 5:00pm 10:00am – 4:00pm Not Allowed Following is a comparison of the allowed noise levels for leaf blowers in Monte Sereno and surrounding communities:
Maximum Noise Levels for Leaf Blowers
Jurisdiction Noise Level
City of Monte Sereno Handheld – 70 decibels at 50 feet
Backpack – 65 decibels at 50 feet
Town of Los Gatos 65 decibels at 50 feet
City of Saratoga 65 decibels at 50 feet
City of Los Altos Maximum of 55 decibels at the property line Town of Los Altos Hills 65 decibels at 50 feet
City of Palo Alto 65 dBA at 55 feet
Community Outreach
Extensive community outreach was conducted to inform the community that the City Council is considering prohibiting gas-powered leaf blowers. Following is a summary of the community outreach that was conducted:
• An informational post card was mailed to each household in Monte Sereno in March, • an article was placed in the Spring edition of the Peaceful Mountain Monitor, which was mailed to all Monte Sereno households in April,
• Information was posted on the City’s social media channels in April, • An eblast email was sent to interested parties who have signed up to receive this type of information from the city,
• the City’s web page included information, and
• information was available at the City Hall front counter.
An online survey was available from mid-March through mid-July. During that time a total of 142 completed responses were provided. Survey respondents were asked if they support prohibiting gas-powered leaf blowers in Monte Sereno and following are the responses received:
Do you support prohibiting Gas-Powered Leaf Blowers in Monte Sereno? Yes No
72 70
These responses and well as any comments provided by survey respondents are included in Attachment 2 to this report. Comments in support of prohibiting gas-powered leaf blowers included concerns of the environmental effects of this equipment with the majority of concerns regarding the noise created by leaf blowers. Several of the comments from respondents not in favor of prohibiting gas-powered leaf blowers were concerns regarding the lack of effectiveness of the battery powered equipment and the cost burden it would place on small businesses.
Enforcement
Code enforcement action is typically undertaken on a complaint basis. When the City receives a complaint about a potential code violation, the Building Inspector/Code Enforcement Officer will visit the subject site and follow up with the property owner. To proceed with code enforcement action, staff must witness the violation. As leaf blowers are typically used at the end of landscaping work to clean up debris, it would be unlikely that staff would be available to respond immediately to a complaint and witness the violation.
Once a violation has been witnessed and verified, the typical code enforcement process is to provide the property owner with a written Notice of Violation and provide a reasonable amount of time to correct the violation. If the violation is not corrected and, in the case of noise complaints or potential gas-powered leaf blower complaints (if adopted by Council), future violations are witnessed by staff, an Administrative Citation can be issued to the property owner. In accordance with Municipal Code section 5.14.070, a citation of $100 is provided for
the first violation, $200 for the second violation within one year of the first violation, and $500 for the third and each subsequent violation within one year of the first violation.
Once Administrative Citations have been issued, collection can be difficult. Cities are no longer allowed to attach un-paid code enforcement citations onto a property’s tax bill as had been previously allowed. The collection of unpaid Administrative Citations can be brought to Small Claims court. However, if a judgement is issued in the City’s favor, collection may also be difficult.
The Town of Los Gatos and the City of Los Altos both prohibit the use of gas-powered leaf blowers. Staff reached out to the Code Compliance staff in both jurisdictions to obtain information about their volume of complaints received regarding the use of gas-powered leaf blowers. The staff from both jurisdictions reported that approximately 75% of the code compliance complaints they receive are regarding the use of gas-powered leaf blowers.
The ban in Los Gatos was effective in 2014 and Los Altos’ ban was effective in 1991. Although these ordinances have been in effect for many years, the use of gas powered leaf blowers still appears to be common in these jurisdictions based on the number of complaints received regarding their use. Enforcing a prohibition on gas-powered leaf blowers can be problematic for a variety of reasons including the short duration and high mobility of leaf blower use, limited code enforcement resources, and regulatory challenges that limit the Administrative Citation issuances and collection abilities.
Effective Date of Draft Ordinances
If the City Council introduces either of the draft ordinances, the effective date will be effective 30 days after the second reading/adoption of the ordinance (November 16, 3023 if the ordinance is adopted at the October 17, 2023 City Council meeting). If the City Council introduces the ordinance that will prohibit the use of gas powered leaf blowers, staff recommends that enforcement action be done and on informational/courtesy basis only with no penalties imposed for the first six month after the ordinance is in effect. During this time, staff will post community outreach messages on social media and send emails to lists of interested parties to inform the community of the prohibition on gas-powered leaf blowers. For any complaints received about the use of the gas powered leaf blowers during the first six months the ordinance is effective, staff will send a courtesy notice to the property owner informing residents of the code change, but will not issue citations during this time.
California Environmental Quality Act:
The adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment. Therefore, no environmental assessment is required or necessary.
Fiscal Impact:
If a prohibition on gas-powered leaf blowers is enacted by the City Council, there will likely be an impact on the city’s code compliance services as, based on experience from other local
jurisdiction, a significant increase in code compliance complaints can be expected. If an increase in complaints is received similar to other local jurisdictions (75% increase in cases), staff estimates the fiscal impact of additional code enforcement services could be up to $60,000 annually as determined as follows:
• Current Code Enforcement Staff Time – 17.5 hours a week • Potential 75% Increase in Complaints Received – 10 hours a week • Hourly Rated for Consulting Code Enforcement Officer - $125 ($1,250 per week) • Annual Costs for Consulting Code Enforcement Officer – $60,000 (weekly costs less holidays)
Alternatives:
1. Introduce and waive the first reading of Ordinance No. NS-236 to revise the allowed hours of operation for leaf blowers.
2.Introduce and waiver the first reading of Ordinance No. NS-237 to revise the allowed hours of operation of leaf blowers and to prohibit the use of gas powered leaf blowers.
3. Direct staff to prepare an ordinance to modify the leaf blower regulations with other changes.
4. Take no action.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org.
Notice of this meeting was also emailed to all individuals who requested such information as part of the on-line survey.
Attachments:
1. Draft Ordinance NS-236
2. Draft Ordinance NS-237
3. On-Line Gas-Powered Leaf Blower Survey Results
ORDINANCE NO. NS-236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING SECTION 9.07.040 (MECHANICAL BLOWERS – WHEN PROHIBITED FOR CONTRACTORS) AND REPEALING SECTION 9.07.050 (MECHANICAL BLOWERS – WHEN
PROHIBITED FOR HOMEOWNERS AND TENANTS) TO REVISE THE ALLOWABLE
HOURS FOR LEAF BLOWER USAGE
WHEREAS, the use of motorized leaf blowers adversely impacts community health and welfare; and
WHEREAS, motorized leaf blowers generate high noise levels which disrupt neighborhood tranquility, disturb residents and visitors and thereby degrades the quality of life in Monte Sereno; and
WHEREAS, the use of motorized leaf blowers increases the volume of particulate matter in the air and thereby exacerbates allergies and respiratory ailments; and WHEREAS, on August 15, 2023 the City Council considered the proposed ordinance and a majority of Council introduced and waived further reading of Ordinance No. NS-236; and WHEREAS, the adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment.” Therefore, no environmental assessment is required or necessary.
NOW THEREFORE, THE CITY COUNCIL OF MONTE SERENO DOES ORDAIN AS FOLLOWS:
SECTION 1. Amend Section 9.07.040. Section 9.07.040 of Chapter 9.07 of the Monte Sereno Municipal Code is hereby amended to read as follows:
“9.07.040 - Mechanical blowers—When prohibited
It shall be unlawful for any person to operate any portable machine powered with a gasoline engine or by electricity used to blow leaves, dirt, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces before the hour of 8:00 a.m. or after the hour of 5:00 p.m. on any Monday through Friday; or before the hour of 9:00 a.m., or after the hour of 5:00 p.m. on any Saturday; or any time on Sundays or City observed holidays.”
SECTION 2. Repeal Section 9.07.050. Section 9.07.050 of the Monte Sereno Municipal Code is hereby repealed.
SECTION 3. Environmental Review.
The adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required or necessary.
SECTION 4. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption.
SECTION 5. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.
SECTION 6. Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
This Ordinance was introduced at the meeting of the City Council on the 15th day of August 2023, and was adopted at a regular meeting of the City Council on the ____ day of _____ 2023, by the following vote:
AYES:
NOES:
ABSENT:
Bryan Mekechuk, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
Approved as to form:
___________________________________
Kirsten Powell, City Attorney
ORDINANCE NO. NS-237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING SECTION 9.07.040 (MECHANICAL BLOWERS – WHEN PROHIBITED FOR CONTRACTORS) AND REPEALING SECTION 9.07.050 (MECHANICAL BLOWERS – WHEN
PROHIBITED FOR HOMEOWNERS AND TENANTS) TO REVISE THE ALLOWABLE HOURS FOR LEAF BLOWER USAGE AND ADDING SECTION 9.07.035 (MECHANICAL BLOWERS – GAS POWER DEVICES PROHIBITED)
WHEREAS, the use of motorized leaf blowers adversely impacts community health and welfare; and
WHEREAS, motorized leaf blowers generate high noise levels which disrupt neighborhood tranquility, disturb residents and visitors and thereby degrades the quality of life in Monte Sereno; and
WHEREAS, the use of motorized leaf blowers increases the volume of particulate matter in the air and thereby exacerbates allergies and respiratory ailments; and WHEREAS, on October 3, 2023 the City Council considered the proposed ordinance and a majority of Council introduced and waived further reading of Ordinance No. NS-237; and WHEREAS, the adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment.” Therefore, no environmental assessment is required or necessary.
NOW THEREFORE, THE CITY COUNCIL OF MONTE SERENO DOES ORDAIN AS FOLLOWS:
SECTION 1. Amend Section 9.07.040. Section 9.07.040 of Chapter 9.07 of the Monte Sereno Municipal Code is hereby amended to read as follows:
“9.07.040 - Mechanical blowers—When prohibited
It shall be unlawful for any person to operate any portable machine powered with a gasoline engine or by electricity used to blow leaves, dirt, grass cuttings, paper, trash, or any other type of unattached debris or material off sidewalks, driveways, lawns, or other surfaces before the hour of 8:00 a.m. or after the hour of 5:00 p.m. on any Monday through Friday; or before the hour of 9:00 a.m., or after the hour of 5:00 p.m. on any Saturday; or any time on Sundays or City observed holidays.”
SECTION 2. Repeal Section 9.07.050. Section 9.07.050 of the Monte Sereno Municipal Code is hereby repealed.
SECTION 3. Add 9.07.035. Section 9.07.035 of Chapter 9.07 of the Monte Sereno Municipal Code is hereby added to read as follows:
“9.07.035 - Mechanical blowers—Gas Powered Devices Prohibited It shall be unlawful for any person to operate any gasoline powered leaf blower in any zoning district or public space.
SECTION 4. Environmental Review.
The adoption of this ordinance is not a “project” as defined by the CEQA guidelines Section 15378: “Adoption of the ordinance does not have the potential for resulting in either a direct physical change in environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the ordinance will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA.” Therefore, no environmental assessment is required or necessary.
SECTION 5. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption.
SECTION 6. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.
SECTION 7. Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
This Ordinance was introduced at the meeting of the City Council on the 4th day of October 2023, and was adopted at a regular meeting of the City Council on the ____ day of _____ 2023, by the following vote:
AYES:
NOES:
ABSENT:
Bryan Mekechuk, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, City Clerk
Approved as to form:
___________________________________
Kirsten Powell, City Attorney
Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
3/27/2023 No
3/27/2023 Yes They are noisy when compared to electrically powered tools. 3/27/2023 No
3/27/2023 No
3/27/2023 Yes
I dont understand why there are different hours for homeowners v contractors. Noise is noise regardless of who is causing it.
3/27/2023 No
California is already banning the sale of gas-powered leaf blowers after January 1, 2024--less than nine months from now. It is easy for members of the City Council, each one of which is a multi-millionaire, to mandate that hard-working people, each of whom probably averages 1/100th of the City Councilmembers' net worth, to spend $500 to $1,000 to purchase new equipment.
But please ask the council this, how would they feel if someone required them to spend $50,000 to $100,000 to purchase new equipment required for their job?
There is already a plan to phase out gas-powered leaf blowers. The present restrictions of 65db already dramatically limit the gas-powered leaf blowers that can be used in Monte Sereno. If the council is so intent on saving the environment, then why not also ban gas-powered cars in Monte Sereno. After all, the state ban on sales of gas-powered cars after 2035, like the state ban on sales of gas-powered leaf blowers, is just a ban on sale, not on use. A ban on the use of gas-powered cars in Monte Sereno would likely cost residents a smaller percentage of their disposable income than the discussed ban on use of gas-powered leaf blowers would cost those workers who use them. Yet, residents would rise up against a ban on gas-powered cars because they can. So, City Councilmembers, are you really going to punish those who have so much less than you just because you can? If so, please put your money where your mouth is and personally contribute, out of your own pocket, $50,000, towards funding electric leaf blowers for people who do gardening work in Monte SerenoCalifornia is already banning the sale of gas-powered leaf blowers after January 1, 2024--less than nine months from now. It is easy for members of the City Council, each one of which is a multi-millionaire, to mandate that hard-working people, each of whom probably averages 1/100th of the City Councilmembers' net worth, to spend $500 to $1,000 to purchase new equipment. But please ask the council this, how would they feel if someone required them to spend $50,000 to $100,000 to purchase new equipment required for their job? There is already a plan to phase out gas-powered leaf blowers. The present restrictions of 65db already dramatically limit the gas-powered leaf blowers that can be used in Monte Sereno. If the council is so intent on saving the environment, then why not also ban gas-powered cars in Monte Sereno. After all, the state ban on sales of gas-powered cars after 2035, like the state ban on sales of gas-powered leaf blowers, is just a ban on sale, not on use. A ban on the use of gas-powered cars in Monte Sereno would likely cost residents a smaller percentage of their disposable income than the discussed ban on use of gas-powered leaf blowers would cost those workers who use them. Yet, residents would rise up against a ban on gas-powered cars because they can, unlike those who would be affected by the ban on gas-powered leaf blowers.
So, City Councilmembers, are you really going to punish those who have so much less than you just because you can? If so, please put your money where your mouth is and personally contribute, out of your own pocket, $50,000, towards funding electric leaf blowers for people who do gardening work in Monte Sereno. 3/27/2023 Yes
3/27/2023 Yes
3/27/2023 Yes
3/27/2023 Yes
3/27/2023 Yes
3/27/2023 No Stupid idea for eh present. The electric leaf blowers don't work well enough yet 3/27/2023 Yes
3/27/2023 No
3/27/2023 No
3/27/2023 Yes
3/27/2023 No
Absolutely not! We need freedom of choice, noit others telling us 'what is good for us to do according to them'.
Leaf Blower Survey Results
Comments Received as of July 25, 2023
Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
3/27/2023 Yes
All commercial contractors should be banned from using any leaf blower's on Saturdays. We have three properties around us that have Saturday commercial service and the noise is incessant all day.
Commercial work should be restricted to M-F, residential homeowner use would be acceptable for electric use on weekends
3/27/2023 No
3/27/2023 No
3/27/2023 No Less government is better. You will never be able to enforce this regulation. 3/27/2023 Yes
3/27/2023 Yes unnecessary noise and pollution. battery powered work better too!! 3/27/2023 No
3/27/2023 Yes
3/27/2023 No
I use mine perhaps every 2 or 3 months for an hour, using a quart of fuel each time. No way could that compare with a car traveling a thousand miles.
3/27/2023 Yes
The pollution facts you detail are compelling. Also, the noise factor is significant. I feel this needs to be a requirement so some landscapers are not put at a disadvantage and we can all support any cost difference together.
3/27/2023 Yes
We three Monte Sereno voting citizens say air pollution and noise pollution in our neighborhood due to gas powered leaf blowers is a several days a week negative occurrence. Much appreciate this survey 3/27/2023 No
3/27/2023 No
3/28/2023 No
3/28/2023 Yes
3/28/2023 Yes Go electric
3/29/2023 Yes
The noise is constant and disturbs the peace. Pollution level is not acceptable. I use electric blowers and rakes- they are fine.
3/30/2023 Yes
These leaf-blowers are the bane of my existence. They seem to start every morning a few minutes BEFORE 8am. I'm willing to put up with this inconvenience IF there is truly no better way for gardening contractors to do their work. But I have to think that these days, there ARE better ways. 4/4/2023 No
Los Gatos has a ban and it seems like most Gardners are ignoring the ban. I operate my blower with minimum throttle/noise because I like my neighbors. I will replace my current Gas Blower with Electric once it fails to start.
4/4/2023 No
4/4/2023 Yes
Gas powered leaf blowers are one of the biggest nuisances to us. It's terrible to have a peaceful morning or day (or sleep) interrupted by the noise. It ruins the tranquility of living in a quiet town almost as much as car noise.
4/4/2023 Yes They really are horrible for our neighborhood environments. 4/5/2023 Yes
They are horrendous for the environment. They should be banned and it should be enforced! Electric works just fine. But, we will absolutely need an ordinance to drive positive change. PLEASE help us to end these noisy, smelly, harmful machines.
4/5/2023 Yes
4/5/2023 Yes
4/6/2023 No
My gardner uses what works for him and I have no control. He only comes once a week.
If it changes, will there be a leaf blower monitor to find out what kind is being used? If not, then there is no point in having a law if you cannot enforce it. Since gardners doing work in Monte Sereno do not know the laws it is difficult for them to comply. And there is not enough communication among the city to the residents on what exactly is and is not prohibited.
Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
4/6/2023 Yes
Finally! These things are a menace to our community. The pollution, noise, dust they create is terrible. In my neighborhood, some residents have their gardeners come 2x per week and it is so annoying. They even use their blowers in the rain! My question is - why move to a heavily-wooded neighborhood if you can't bear to have a few leaves in your driveway or yard?! 4/6/2023 No
This would create a $$ burden on small business owners of Gardners and residents for the community, if they were to have to convert to electric or manual ways of clearing debris. The real concern to me is when Gardners have to start charging more for this service because of more cost to them or the 3x-4x time it would take to clear people's property manually. I am concerned that more wild fire fuel may accumulate when people will not pay the extra cost to get it out of their property on a regular basis.....
The city council should spend their time on the increased crime and summer traffic issues in our community!
There is no reason for this ban.
4/14/2023 Yes
4/15/2023 No
4/17/2023 Yes
4/17/2023 Yes
At any given time during the day, especially weekdays I hear a leaf blower somewhere nearby, often upwards of 30-50 minutes. Even on the windiest of days people's gardeners continue to use blowers. At least two of my closest neighbors have their gardeners blow twice a week. It creates constant noise not to mention the exhaust being put into the air. Electric or battery powered would be a great improvement if it could be enforced. It also doesn't seem unreasonable to put some limits on the length of time you can use the blower based on the size of your property. Since when did having a few leaves on the ground become such problem anyway?
4/17/2023 Yes We should have done this years ago.
4/17/2023 Yes
4/17/2023 Yes The sooner the better
4/17/2023 Yes
Almost every day of the week, we are bombarded by loud gas-powered leaf blowers. On Fridays our next door Monte Sereno neighbor's gardener blasts away with jet engine sound levels. As stay-at-home retirees, please help my wife and myself. (We use a low noise battery powered leaf blower.) 4/17/2023 No
4/17/2023 No
4/17/2023 No
The gas-powered leaf blower being used is not that loud and the job is performed quickly within 15 minutes
4/17/2023 No They are fine
4/17/2023 No Electric leaf blowers are also noisy.
4/17/2023 Yes However, this rule change will place a large burden on contractors. 4/17/2023 No
I'd like to see gas blowers phased out--maybe by the end of the year. In addition, it would be nice to restrict the use of any blower by anyone to 9-5 weekdays and Saturday and NOT at all by anyone on Sunday. Between all the construction noise/blower noise in our area Mon-Sat, it would be wonderful to have one day a week of "quiet enjoyment" while in our backyard. 4/17/2023 Yes
4/17/2023 Yes
Yes please, get rid of gas powered leaf blowers. We live in such a tranquil area and constantly hear some gas blower or lawn mower near and far. The other redundant noise is reversing garbage trucks or delivery vehicles. All have sensors and cameras now and the loud beeping sound is way out of proportion and can be heard from far away.
Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
4/17/2023 No
While gas powered blowers have some negatives, we live in a very wooded area of the world and cleaning/maintaining this with other tools could be more harmful.
Using less powerful blowers would require longer time running to complete the same task.
Electricity to power non-gas powered blowers has to be generated by other fossil fuels thus no real offset.
Other methods to maintain yards might also be employed such as chemical treatments, heavier pruning of trees or removal all together of deciduous plants. As such, we might see the lovely wooded area we call home changed for the worse due to such a ban. Thanks. 4/17/2023 No
With 2 acre lots it is the only way to service the property. More batteries is not a solution or using electrical cords does not work and uses more electricity! 4/17/2023 Yes
4/17/2023 Yes
There are some days when multiple service providers (including our own landscaper) are all using their blowers. It is really terrible. They are not effective and are noise pollution I hope we prohibit them. 4/17/2023 No
4/17/2023 No
4/17/2023 No
I feel that gas powered leaf blowers are used for a very short time, if at all, once a week by professional gardeners and homeowners at each residence and do not pose a nuisance to neighbors during that short period of time.
4/17/2023 No
4/18/2023 No
It would be nice to live in a world where we get what we want all of the time. I think that limiting what our landscapers use is unfair to them unless we are all willing to buy them new ones with the city's requiremnts
4/18/2023 Yes Let's return our neighborhoods to peace and quiet without gas powered leaf blowers 4/18/2023 No
4/18/2023 Yes
MY gardener works for many clients in LG, and is prepared for gas free mowers and blowers. Garden shops and distributers are declining to carry parts for the cumbustion style machines. Monte Sereno should follow
the flow of prohibition.
4/18/2023 No
4/18/2023 No These are 1 acre estates which require 2 stroke equipment 4/18/2023 Yes
My Aunt in Berkley enjoys a leaf blower free environment and when we are there we notice how much more enjoyable it is to sit outside. I think the rules should be the same for all, not specific to contractors or home owners. Thanks for considering this initiative. 4/18/2023 Yes
4/18/2023 No If our landscaping companies are force to to non gas, then the cost of services will rise. 4/18/2023 Yes Long overdue
4/18/2023 Yes electric blowers can be used instead
4/18/2023 No
The current restriction of gas powered leaf blowers is more reasonable as several properties within Monte Sereno are on large lots and / or hillsides. It’s much easier to access those areas with gas powered blowers/ gardening tools.
Date
Do you support
prohibiting GasPowered Leaf Blowers
in Monte Sereno? Comments:
4/18/2023 Yes
Leaf Blowers (gas and electric) are a serious value reduction in the daily quality of life in Monte Sereno.
Not only do they produce air pollution, but they add no service that couldn't be done with a rake or broom.
They're incredibly loud and can be heard howling from about a mile away, and they are used for long periods of time, sometimes upwards of 30 minutes or more, depending on the size of the property.
If someone was playing music in Monte Sereno at the volume of a leaf blower multiple times a week they'd have a civil officer at their doorstep with a noise complaint.
Both in town and the suburban areas should ban leaf blowers. They have only become more noxious since many residents have begun working hybrid or remotely entirely and spend long hours in their homes.
Second only to the rampant light pollution in our beautiful city, the noise pollution on a regular basis from leaf-blowers is a serious nuisance.
4/18/2023 Yes
4/18/2023 Yes
4/18/2023 No
I feel by prohibiting gas-powered leaf blowers it may cause a financial hardship on gardeners and homeowners. It could also limit the ability to clean areas of leaves effectively. I do not feel we should load up our landfill areas with good but unusable gas leaf blowers. I feel the regulations already in place are sufficient and do not need to be modified.
4/18/2023 Yes
4/18/2023 No
This is an unnecessary act and if passed would not be enforced by residents as most residents do not own lead blowers but instead their landscape companies do. It’s unreasonable to try and enforce this upon landscape companies which do not reside in Monte Sereno. 4/18/2023 No
4/18/2023 No
4/19/2023 No
I have tried multiple electric leaf blowers, but none are powerful enough to do the job, and run out of juice. The job takes over 2 or 3 days given batteries run out, I bought 3 batteries so I can have them all charged and switch between them, but even then the job stretches over 2 days instead of a couple of hours with a gas powered blower.
4/19/2023 No
4/19/2023 Yes
Both noise and pollution (not just green house gases) are significant concerns for the health of the workers as well as the community. As a retired physician, I have been particularly alarmed by these negative effects.
4/19/2023 No These can be phased out when only electric leaf blowers are allowed to be sold. 4/19/2023 Yes
4/19/2023 No
4/19/2023 Yes
I support the banning of gas powered leaf blowers. In addition, more importantly, I would like to see ANY and ALL Yard work noise limited to 1 or 2 specified days during the week. It seems leaf blowers are going constantly all week every day! I know that other cities specifiy the day of the week: Tues and Thursday only for instance.
4/19/2023 Yes
Only worthwhile if the city is serious about enforcement. Despite attempts building hours are still a real challenge for the city to enforce - no longer next to our house but I still see frequent violations so while this makes sense do we really want something else the city will basically ignore unless a citizen rats on his neighbor? I'm not so sure but the concept makes sense. I'd also survey local professional gardeners to see how they would react to any proposed changes.
4/19/2023 Yes