STAFF REPORT CITY OF SOLANA BEACH

STAFF REPORT
                                    CITY OF SOLANA BEACH

TO:                                Honorable Mayor and City Councilmembers
FROM:                              Gregory Wade, City Manager
MEETING DATE:                      April 14, 2020
ORIGINATING DEPT:                  City Manager’s Department/City Attorney’s Office
SUBJECT:                           Council Consideration of Resolution 2021-046 Declaring
                                   Support for Firearm-Related State Legislation SB 264 and
                                   AB 452

BACKGROUND:

Deaths in the U.S. stemming from gun-related violence are climbing and mass
shootings, such as those that took place recently in Atlanta, Boulder, and Orange are
becoming more common place. 1 In 2020, there were more than 600 shootings in which
at least four people were shot by one person, compared with 417 in 2019. 2 Experts
who track gun violence note that other shootings appear to have risen over the past
year: gang violence, drive-by shootings and other random firearm deaths. Suicides
involving a gun appear in line with previous years. 3

On September 25, 2019, the City adopted Ordinance 505, adding Section 7.20.030 to
the Solana Beach Municipal Code requiring the safe residential storage of firearms in
the City.

In 2019, Governor Gavin Newsom signed then Assemblymember Todd Gloria’s
Assembly Bill (AB) 893, which prohibited gun shows at the Del Mar Fairgrounds
beginning January 1, 2021.

1
  Source: Louis Keene and Giulia McDonnell Nieto del Rio, A 9-Year Old Boy is Among Four Killed in Southern
California Shooting, N.Y. Times, (March 31, 2021), https://www.nytimes.com/2021/03/31/us/shooting-orange-
california.html
2
  Ibid.
3
  Source: Lisa Marie Pane, In a Year of Pain One Silver Lining: Fewer Mass Shootings, Ass. Press, (Dec. 29, 2020),
https://apnews.com/article/us-news-pandemics-shootings-coronavirus-pandemic-
052396ae1f5322397c04fd191f596190

COUNCIL ACTION:
______________________________________________________________________
______________________________________________________________________

                                                                                           AGENDA ITEM # C.2.

April 14, 2021
                                                  Resolution 2021-046 Relating to Firearm Legislation
                                                                                         Page 2 of 3

Assemblymember Gloria’s bill followed the Del Mar Fairgrounds (22nd Agricultural
District) Board’s decision to suspend its Crossroads of The West Gun Shows,
approximately five of which were held at the Fairgrounds on a yearly basis for decades.
The private company that put on the gun shows filed a lawsuit to block the Board’s
decision. In April 2020, the board signed a settlement with the company that awarded
the gun show operators attorneys’ fees and costs and would allow its shows to continue
through the end of 2020; however, no gun shows at the Del Mar Fairgrounds took place
in 2020 due to restrictions imposed to help prevent the spread of COVID-19.

In the meantime, AB 893 took effect on January 1, 2021 and no gun shows have taken
place at the Del Mar Fairgrounds since. It remains to be seen whether the company
that put on the gun shows at the Del Mar Fairgrounds will take further legal action.

In March 2020, the City of Solana Beach passed Resolution 2020-032 requesting that
the 22nd District Agricultural Association Prohibit the Sale of Unregulated Firearm Parts,
Components and/or Gun Build Kits, known to be used to help create “ghost guns,” at
the Del Mar Fairgrounds.

Now, there are two firearm-related bills being proposed at the state level, Senate Bill
(SB) 264 and AB 452, that respectively would impose similar restrictions on sales of
guns and ammo statewide. AB 452 would also require schools to notify parents about
the safe storage of firearms.

This item is before the City Council for consideration of Resolution 2021-046
(Attachment 1) expressing the City’s support of SB 264 and AB 452.

DISCUSSION:

SB 264

Introduced by Senator Dave Min, SB 264 would “prohibit a state or county officer or
employee, or operator, lessee, or licensee of any state-owned or county-owned
property, from contracting for, authorizing, or allowing the sale of any firearm, firearm
precursor part, or ammunition on state or county property.” Existing law generally
regulates the sale and transfer of firearms, including, among other things, requiring
transactions of firearms to be completed through a licensed firearms dealer and
generally makes a violation of the requirements relating to the sale, lease, or transfer of
a firearm a misdemeanor. With the exception of law enforcement-run gun buy-back
programs, SB 264 would impose a ban on all gun and ammunition sales (gun shows) on
state or county owned property, which would include the Del Mar Fairgrounds.

AB 452

AB 452, introduced by Assemblymember Laura Friedman, would require schools to
notify parents about the safe storage of firearms. While Solana Beach School District
has already communicated with parents about the safe storage of firearms following the

April 14, 2021
                                                   Resolution 2021-046 Relating to Firearm Legislation
                                                                                          Page 3 of 3

City’s passage of Ordinance 505, AB 452 would require school districts throughout the
state to follow suit and it is generally consistent with the City’s ordinance regarding the
safe storage of firearms.

CEQA COMPLIANCE STATEMENT:

The proposed City Council action does not constitute a “project” under the definition set
forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because
it will not have a potential to result in a direct or indirect physical change in the
environment and is, therefore, not subject to CEQA.

FISCAL IMPACT:

There is no fiscal impact related to the adoption of this Resolution.

WORKPLAN:

N/A

OPTIONS:

   •    Adopt Resolution 2021-046.
   •    Adopt Resolution 2021-046 with specific modifications.
   •    Do not adopt Resolution 2021-046.
   •    Provide direction / feedback.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council consider the adoption of Resolution 2021-046
expressing support of SB 264 and AB 452.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.

________________________
Gregory Wade, City Manager

       1.   Resolution 2021-046.

RESOLUTION 2021-046

                  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
                  SOLANA    BEACH,    CALIFORNIA, DECLARING    ITS
                  SUPPORT FOR PROPOSED FIREARM-RELATED STATE
                  LEGISLATION SB 264 AND AB 452

     WHEREAS, deaths in the U.S. stemming from gun-related violence are climbing
and mass shootings, such as those that took place recently in Atlanta, Boulder, and
Orange, are becoming more common place 1; and

      WHEREAS, in 2020, there were more than 600 shootings in which at least four
people were shot by one person, compared with 417 in 2019 2; and

       WHEREAS, experts who track gun violence note that other shootings appear to
have risen over the past year: gang violence, drive-by shootings and other random
firearm deaths. Suicides involving a gun appear in line with previous years 3; and

      WHEREAS, on September 25, 2019, the City adopted Ordinance 505, adding
Section 7.20.030 to the Solana Beach Municipal Code requiring the safe residential
storage of firearms in the City; and

       WHEREAS, in 2019, Governor Gavin Newsom signed then Assemblymember
Todd Gloria’s Assembly Bill 893, which prohibited gun shows at the Del Mar
Fairgrounds beginning January 1, 2021; and

       WHEREAS, in March 2020, the City of Solana Beach passed Resolution 2020-
032 requesting that the 22nd District Agricultural Association to Prohibit the Sale of
Unregulated Firearm Parts, Components and/or Gun Build Kits, known to be used to
help create “ghost guns,” at the Del Mar Fairgrounds; and

      WHEREAS, SB 264 would impose similar restrictions as AB 893 on sales of
guns and ammunition state-wide by prohibiting a state or county officer or employee, or
operator, lessee, or licensee of any state-owned or county-owned property, from
contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part, or
ammunition on state or county property; and

       WHEREAS, as has been done in the City of Solana Beach, AB 452 would
require schools state-wide to notify parents about the safe storage of firearms; and

1
  Source: Louis Keene and Giulia McDonnell Nieto del Rio, A 9-Year Old Boy is Among Four Killed in Southern
California Shooting, N.Y. Times, (March 31, 2021), https://www.nytimes.com/2021/03/31/us/shooting-orange-
california.html
2
  Ibid.
3
  Source: Lisa Marie Pane, In a Year of Pain One Silver Lining: Fewer Mass Shootings, Ass. Press, (Dec. 29, 2020),
https://apnews.com/article/us-news-pandemics-shootings-coronavirus-pandemic-
052396ae1f5322397c04fd191f596190

                                                                                                               ATTACHMENT 1

Resolution 2021-046
                                                                            Ghost Guns
                                                                            Page 2 of 2

        WHEREAS, the City Council of the City of Solana Beach calls on the state
legislature to support and pass SB-264 and AB-452 now as a matter of priority.

      NOW, THEREFORE, the City Council of the City of Solana Beach, California,
does resolve as follows:

   1. That the foregoing recitals are true and correct; and

   2. The City of Solana Beach calls on the state legislature to support and pass SB
      264 and AB 452 now as a matter of priority.

       PASSED AND ADOPTED this 14th day of April 2021, at a regular meeting of the
City Council of the City of Solana Beach, California by the following:

         AYES:       Councilmembers –
         NOES:       Councilmembers –
         ABSENT:     Councilmembers –
         ABSTAIN:    Councilmembers –

                                               ______________________________
                                               LESA HEEBNER, Mayor

APPROVED AS TO FORM:                           ATTEST:

________________________________               ______________________________
JOHANNA N. CANLAS, City Attorney               ANGELA IVEY, City Clerk