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Home My WebLink AboutOrd. 1345 - Amnding & Updatng Various Section of PDMCMEN CAW 11110. a � ORDINANCE NO. 1345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE. WHEREAS, the City of Palm Desert ("City") is updating various sections of the Palm Desert Municipal Code ("Municipal Code"), described particularly herein below in Ordinance No. 1345 , Amending and Updating Various Sections of the Palm Desert Municipal Code ("Ordinance"); and WHEREAS, all other legal prerequisites to the presentation of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council finds that the above recitals are true and correct and, accordingly, are incorporated as a material part of this Ordinance. Section 2. Amendment to Municipal Code Section 2.52.215. Municipal Code Section 2.52.215 Selection requirements is hereby amended as follows: "2.52.215 Selection requirements. Appointment of individuals for employment with the city of Palm Desert will be made on the basis of merit, ability, qualifications and background. No appointment to or removal from a position in the personnel system, shall be affected or influenced in any manner by any consideration of actual or perceived race, color, national origin, age, gender, political or religious opinion or affiliation, sexual orientation or physical or mental disability, when such disabilities do not affect ability to perform essential job duties with or without reasonable accommodation. In accordance with municipal code Section 2.04.100 2.04.050 C., it shall be the duty of the city manager to appoint, remove, promote and demote any and all officers and employees of the city under his or her control, subject to all applicable personnel ordinances, rules and regulations. Offers of employment may be made conditional on the applicant undertaking and passing a medical examination. When it is required, the exam will be conducted at city expense and must be satisfactorily passed prior to commencement of employment to determine if applicant can perform essential functions of the job with or without reasonable - accommodation." ORDINANCE NO. 1345 Section 3. Amendment to Municipal Code Section 2.52.560. Municipal Code Section 2.52.560 Safety policy is hereby amended as follows: E. Driver Authorization and Performance. The city requires that certain employees to be ready, able and licensed -to drive as part of their employment classification. The ability and willingness to drive safely are extremely important for those employees who are required to drive in the performance of duty. It is necessary to reduce . the city's risk liability to a minimum level. in GFder +n Findi-ne +he noty'n liabilit" the pity shall maintain a matey veh;n'e ne"ision Gontrol P9T . Section 4. Amendment to Municipal Code Section 2.52.810. Municipal Code Section 2.52.810 Bereavement leave is hereby amended as follows: "2.52.810 Bereavement leave. An employee is entitled to a leave of absence in the event of the death of a member of his or her immediate family, not to exceed three days per calendar year. No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other provisions. An employee's immediate family shall consist of the following: A. Employee's spouse, child, stepchild, parent, step-parent, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law; B. Domestic: partner; C. Legal guardians and custodial children. Additionally, employees may utilize up to six days of sick leave or vacation leave if additional leave is needed due to the death of an immediate family member as defined in this section." Section 5. Amendment to Municipal Code Section 5.10.120. Municipal Code Section 5.10.120 Violations subsection E. is hereby amended as follows: E. Notwithstanding the above, operating a short-term rental unit without a validly issued short-term rental permit shall be subject to a fine in an amount u-p4e, of five thousand dollars for the first citation and each additional citation, and the city has the right to refuse the issuance of any new or renewed short-term rental permit for the cited property and/or to the cited owner and/or operator anywhere else within the city. 72500. 0000 1 \3 163 5046.1 1 2 ORDINANCE NO. 1345 Section 6. Amendment to Municipal Code Section 8.23.030. Municipal Code Section 8.23.030 Permit required of the Municipal Code is hereby amended as follows: "8.23.030 Permit required. A. An application for a permit to conduct a fireworks display (indoors and outdoors) shall be submitted to the Been^min development and maFketing departmanf Department of Communitv Development, no less than thirty business days prior to the scheduled fireworks display. B. No person or organization shall maintain, conduct, advertise, produce, sell or furnish tickets for a fireworks display unless a permit for said display is issued by the city. In the event that a fireworks display occurs without issuance of a permit by the city, the person and/or organization responsible for the fireworks display shall be subject to a, five hundred dollar fine." Section 7. Severability. If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase. thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. Section 8. CEQA. The City Council hereby finds and determines.that this Ordinance is exempt from CEQA pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the Ordinance would not have the potential or possibility for causing a significant effect on the environment. Specifically, the proposed changes to the Municipal Code are primarily administrative in nature and clean-up various inconsistencies that existed in the prior version of the Municipal Code. Moreover, many of the changes are technical in nature and do not allow for specific development. In reviewing the Ordinance the City Council has exercised its independent judgment and has reviewed and considered the Ordinance in light of all testimony received, both oral and written. Therefore, based upon the entire administrative record, the City Council hereby determines that no further environmental' review is required for the Ordinance. SECTION 9. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this Ordinance- in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. 72500. 0000 1 \3 163 5 046. 1 3 ORDINANCE NO. 1345 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert, California, on the day of 2019 by the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SUSAN MARIE WEBER, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY 72500.00001\31635046.1 4