HomeMy WebLinkAboutOrd 1345 Updating Various Sections of the PDMCMEETING DATE:
PREPARED BY:
REQUEST
Recommendation
STAFF REPORT
CITY OF PALM DESERT
CITY ATTORNEY'S OFFICE
January 24, 2019
Robert Hargreaves, City Attorney
Jill Tremblay, Assistant City Attorney
Adopt an ordinance that amends and updates various chapters and
sections of the Palm Desert Municipal Code.
Waive further reading and pass
reading, amending and upating
Palm Desert Municipal Code.
Strategic Plan Obiective
Ordinance No. 1345 to second
various Chapters and Sections of the
Updating the Palm Desert Municipal Code ("Municipal Code") on an annual basis, and
as necessary, ensures consistency between the Municipal Code and the Strategic Plan.
Backaround Analvsis
Every year, the City Attorney works with City staff to identify and correct or update
anomalies in the Municipal Code. The corrections and updates are considered
administrative in nature and do not involve policy considerations.
Discussion
The following is a synopsis of the Municipal Code revisions for this year:
(1) Section 2.52.215 Selection requirements.
Chapter 2.04 City Manager was revised in 2017. The revisions included Section
2.04.050 C., which gives the City Manager the power to appoint, remove, promote, and
demote any and all officers and employees of the City under his or her control, subject
to all applicable ordinances, rules, and regulations and removed Section 2.04.100. The
change to Section 2.52.215 updates the reference in Chapter 2.52 Personnel System
Section 2.52.215 Selection requirements from Section 2.04.100 to Section 2.04.050 C.
reflecting the changes made to Chapter 2.04.
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January 24, 2019 - Staff Report
Annual Municipal Code Update
Page 2 of 2
(2) Section 2.52.560 Safetv Dolicv.
Section 2.52.560 has been revised to eliminate a reference to the City's motor vehicle
collision control policy because the City does not have such policy.
(3) Section 2.52.810 Bereavement leave.
Section 2.52.810 has been revised to include "step-parent" as an immediate family
member for purposes of bereavement leave. The City wishes to allow an employee to
take a leave of absence in the instance that the employee's step parent has passed
away.
(4) Section 5.10.120 E. Violations.
Section 5.10.120 E. has been revised to clarify that any person operating a short-term
rental unit without a validly issued short-term rental permit shall be subject to a five
thousand dollar ($5,000) fine.
(5) Section 8.23.030 Permit reauired.
Section 8.23.030 has been updated to show that applications for permits to conduct
fireworks displays are to be submitted to the Department of Community Development
and not to the economic development and marking department.
Fiscal Analvsis
This Ordinance does not have any fiscal impact.
7Robe.s
City AtTorney
ATTACHMENT
DEPT. REVIEW
N/A
Ryan Stendell
Director of Community
Development
Ordinance No. 1345
FINANCIAL REVIEW CITY MANAGER
N/A
Janet Moore Lauri �Aylaian
Director of Finance City Manager
72500.00001\31635921.1
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 gf 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.
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. ,
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 up4e 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.
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ORDINANCE NO.
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
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.
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ORDINANCE NO.
PASSED, APPROVED AND
the City of Palm Desert, California,
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED at a regular meeting of the City Council of
on the day of , 2019 by the
SUSAN MARIE WEBER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
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