HomeMy WebLinkAboutORD 1390ORDINANCE NO. 1390
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING THE PALM DESERT
MUNICIPAL CODE TO UPDATE, CLARIFY, AND CODIFY
BYLAWS AND GENERAL PROVISIONS FOR BOARDS,
COMMISSIONS, COMMITTEES, AND TASK FORCES
Cil r Atlomay's Summary
This ordinance amends the Palm Desert Municipal Code to update,
clanly, and codify bylaws and general provisions for the City's
Boards, Commissions, Committees, and Task Forces and rescinds
and replaces bylaws adopted prior to the effective data of this
ordinance.
The City Council of the City of Palm Desert, California, does hereby ordain as
follows:
Section 1. Addition to Municipal Code. Chapter 2.14 Marketing Committee is
hereby added W Tire 2 Administration and Personnel of the Palm Desert Municipal Code
as follows:
"Chapter 2.14 MARKETING COMMITTEE
2.14.010 Established.
A Marketing Committee ("Committee") is hereby established for the City of Palm
Desert ("City'). The provisions set forth in Chapter 2.34 of this code shall apply to this
Committee, except as otherwise required by state law. If Mere are any conflicts between
Mis chapter and Chapter 2.34 of this code, the provisions of this chapter shall control.
2,14,020 Purpose.
Marketing Committee members shall serve as a conduk for information between
their own professional network and the City in terms of industry trends, local promotion
ideas, and business activity and projections as they relate to tourism. Members are to
advise the City regarding the best method of planning and implementing a marketing and
advertising program and to closely monitor that program and its related budget.
2.14.030 Members.
The Marketing Committee shall be comprised of up to seven (7) members and
should represent a cross section of the community as it relates to tourism. Each
Committee member should represent one of these categories: large hotel; small hotel;
large retailer; small retailer; shopping center; restaurant; cultural, visual, or performing
arts; real estate; local attraction; or marketing professional.
Ordinance No. 1390 Page 2
2.14.040 Meetings.
The Marketing Committee may hold bi-monthly regular meetings at such day, time,
and place as set by Committee resolution or minute order.
2,14,050 Responsibilities.
The Marketing Committee has the following responsibilities:
A. Review, monitor, and evaluate the City's marketing, advertising, and public
relations efforts including the annual marketing plan, media plans, and related budgets.
B. Review print, radio, digital, and social media advertising and collateral
materials produced by the City or its representatives.
C. Monitor the City's website to ensure it is utilured to its fullest potential in the
promotion of the City and its marketinghourism goals.
D. Review and make recommendations on requests for financial support for
special events and activities.
E. Make recommendations about the selection of consultants and agencies
providing professional marketing/advertising services required by the City."
Section 2. Amendment to Municipal Code. Palm Desert Municipal Code Chapter
2.16 Audit, Investment and Finance Committee of Title 2 Administration and Personnel,
is hereby renamed "Chapter 2.16 Finance Committee' and amended as follows:
`CHAPTER2.16 FINANCECOMMITTEE
2.16.010 Established.
A Finance Committee ('Committee") is hereby established for the City of Palm
Cased ("City"). The provisions net forth in Chapter 2.34 of this code shall apply to this
Committee, except as otherwise required by state law. If there is any cenffict between this
chapter and Chapter 2.34 of this code, the provisions of this chapter shall control.
2.16.020 Purpose.
The Finance Committee shall advise the city council and work to promote and
enhance fiscal responsibility, accountability, integrity, transparency, and to recommend
fiscal and investment policies for city council consideration.
2.16.030 Members.
The Finance Committee shall be comprised of up to seven (T) members: two (2)
city council members appointed by the mayor and up to five (5) community members
appointed by the city council by majority vote.
Ordinance No. 1390 Page 3
2.16.040 Meetings.
The Finance Committee may have quarterly regular meetings at such day, time,
and place as set by Committee resolution or minute order.
2,16,050 Responsibilities.
The Finance Committee reviews and, if necessary, advises the city council on
auditing and internal controls; financial reporting; investments; municipal debt and
refunding; and such other functions as the city council may request.'
Section 3. Addition to Municipal Code. Chapter 2.18 Building Board of Appeals is
hereby added to Tile 2 Administration and Personnel of the Palm Desert Municipal Code
as follows:
"Chapter 2.18 BUILDING BOARD OF APPEALS
2,18,010 Established.
The Building Board of Appeals and Condemnation ('Building Board") is hereby
established for the City of Palm Desert ('City'). The provisions set forth in Chapter 2 34
of this code shall apply to this Board, except as otherwise required by state law. If there
is any conflict between this chapter and Chapter 2.34 of this code, the provisions of this
chapter shall control.
2.18.020 Purpose.
The Building Board hears appeals regarding the interpretation of the California
Building Code, and condemnation and abatement of dangerous structures. The Building
Boartl may ratify alternate materials and methods of construction that are not specifically
recegnized in the California Building Code.
2.18.030 Members.
The Building Board shall be comprised of five (5) community members.
2.18.040 Meetings/Appeal Hearings.
A. The Building Board meetings will be scheduled as needed when letters of
appeal from Building Officer decisions are received.
B. The Building Board secretary shall collect letters of appeal and prepare an
agenda for each meeting which shall be furnished to members prior to the meeting.
C. Requests for hearings must be scheduled at least ten (10) days prior to
such hearing.
Ordinance No. 1390 Page 4
D. If a party of any appeal intends to submit evidence, or legal argument,
outside of the expertise of the Building Board, said party shall so inform the Building Board
secretary in writing at the time the appeal is fled. Failure to provide such information shall
be cause to prohibit the presentation of such evidence or argument.
E. The Building Board shall be the judge of the qualifications of persons
appearing as expert witnesses and shall be empowered to refuse to receive the testimony
of any purported expert not so qualified.
F. The decision of the Building Board on an appeal shall be become final,
unless appealed to the city council within five (5) business days."
Section 4. Amendment to Municipal Code. Palm Desert Municipal Code Chapter
2.20 Planning Commission of The 2 Administration and Personnel is hereby amended as
follows:
"Chapter 2.20 PLANNING COMMISSION
YXLUSG��iF.1.lIFiT� 1
Pursuant to the provisions of Section 65100 of the Government Code requiring
each city to establish a planning agency, a Planning Commission ("Commission") is
established and designated as the planning agency of the City of Palm Desert ('City').
The provisions set forth in Chapter 2.34 of this code shall apply to this Commission,
except as otherwise required by state law. If there is any conflict or inconsistency between
Me provisions of this chapter and those in Chapter 2.34 of this code, the previsions of this
chapter will control.
2.20.020 Members.
The Planning Commission shall consist of five (5) regular members.
2,20,030 Meetings.
The Planning Commission may hold two (2) regular meetings per month at such
day, time, and place as set by Commission resolution or minute order.
2.20.040 Responsibilities.
The Planning Commission has the following responsibilities:
A. Prepare, adapt, and recommend to the city council a general plan for the
City;
B. Periodically review, adopt, and recommend revisions to the city council of
the general plan;
Ordinance No. 1390 Page 5
C. Prepare, adopt, and recommend to the city council such specific plans as
may be necessary or desirable to carry out the objectives of the general plan;
D. Prepare, adopt, and recommend to the city council drafts of regulations as
may in fls judgment be required for the systematic execution of the general plan;
E. Act as the advisory agency to the city council in connection with the
administration of the State Map Ad and Environmental Quality Act of 1970;
F. Periodically review and recommend to the city council regarding the capital
improvement program of the City;
G. Perform such other functions as the city council may provide or as may be
imposed by law.
Section 5. Addition to Municipal Code. Chapter 2.22 Architectural Review
Commission (ARC) is hereby added to Title 2 Administration and Personnel of the Palm
Desert Municipal Code as follows:
42.22 ARCHITECTURAL REVIEW COMMISSION
2.22.010 Established.
The Architectural Review Commission ('Commission') is hereby established for
the City of Palm Desert ("City'). The provisions set forth in Chapter 2.34 of this code shall
apply to this Commission, except as otherwise required by state law. If there are any
conflicts between this chapter and Chapter 2.34 of this code, the provisions of this chapter
shall control.
2.22.020 Purpose.
The Architectural Review Commission reviews the building architecture and
landscape design of commercial, office, industrial, and residential development,
deviations, or otherwise as stated in the municipal code and modifications to previously
approved projects W assure compatibility with the City's policies and objectives.
2.22.030 Members.
A. The Architectural Review Commission shall consist of seven (7) regular
members.
Ordinance No. 1390 Page 6
B. At all times the Commission shall strive to maintain a membership
composition that includes the following professionals:
1. Architect, three (3) members;
2. Landscape Architect/Designer, one (1) member;
And may include three (3) members of the following:
3. Development Industry professional;
4. Member of the public who represents the community at large and is
knowledgeable in the design or architectural field;
5. Nonresident with professional expertise as an Architect or
Landscape Architect/Designer.
2.22.040 Meetings.
A. The Architectural Review Commission may hold two (2) regular meetings
per month at such date, time, and place as set by Commission resolution or minute order.
2.22.050 Disqualification of members for interest in properties.
A. Any commission member who is employed to execute a plan, building, or
structure of any kind requiring commission approval or who will take part in competition
for any such building or structure, shall be disqualified from voting, recuse oneself, and
step down from proceedings on that item.
B. Commission members with projects before the ARC shall file projects under
the same rules, procedures, and guidelines as set forth in Chapter 25 of this code.
2.22.060 Responsibilities.
The Architectural Review Commission has the following responsibilities:
A. Review and make recommendations to the Planning Commission for
precise plans, development plans, conditional use permits, variances, and planned
community developments, and/or as otherwise indicated in Section 25.60.070;
B. Conduct final approval for design review and sign design review pursuant
to Chapter 25.68, and/or as otherwise indicated in Chapter 25.60.070;
C. Recognize the interdependence of land values and aesthetics and provide
a method by which the City may implement this interdependence to its benefit;
D. Ensure the architectural design of buildings or structures and landscaping
developed areas and open spaces are visually harmonious with surrounding development
and the natural ormno ments;
Ordinance No. 1390 Page 7
E. Promote high quality aesthetics and visual interest when considering
developments to attain the most desirable use of land and improvements; and
F. Encourage the development of private and public property in harmony with
Me desired character of the City and in conformance with the guidelines provided in Title
25 (Zoning) wdh due regard for the public and private interests involved"
Sedion 6. Amendment to Municipal Code. Palm Desert Municipal Code Chapter
2.34 Commiffee/Commiswon Member Requirements of Title 2 Administration and
Personnel is hereby renamed "Chapter 2.34 Boards, Commissions, Committees, and
Task Forces— General Provisions," and is amended as follows:
"Chapter 2.34 BOARDS, COMMISSIONS, COMMITTEES, AND TASK
FORCES — GENERAL PROVISIONS
2.34.D10 Purpose.
The purpose of this chapter is to provide uniform general regulations applicable to
all city council established beads, commissions, committees, and task forces ("appointed
bodies").
2.34.D20 Applicability.
A. The provisions of this chapter shall apply to every appointed body whether
it is established by ordinance, resolution, or otherwise. In the event any provision of this
chapter conflicts with a specific provision of an ordinance or resolution establishing a
specific appointed body or the appointed body's bylaws, such specific provision shall
control.
B. The city council may create by ordinance or resolution any appointed body
as it deems necessary and may grant powers and duties to said appointed body.
2.34,030 Eligibility.
A. Residency Requirement. Residency within the city limits of Palm Desert
shall be a requirement for appointment to an appointed body except as otherwise stated
in the appointed body bylaws or in cases where the city council deems it appropriate to
appoint a nonresident to an appointed body that needs specific expertise offered by a
nonresident.
B. City Employees. City employees are not eligible to serve as a member on
an appointed body.
Ordinance No. 1390 Page 8
C. Relatives. A relative of a city employee or city council member shall not
serve on any appointed body if it could entail reviewing one another's work.
1. "Relative' includes mother, father, sister, brother, spouse, domestic
partner, daughter, son, mother-in-law, father-in-law, sister-in-law, brother-in-law,
daughter-in-law, son-in-law, grandmother, grandfather, granddaughter, grandson,
aunt, uncle, first cousin, nieces, and nephews.
2. "Review' means the appointed body has oversight responsibilities,
such as the Finance Committee, or its decision may be appealed to the city council;
however, it does not include the routine sending of recommendations from the
appointed body to the city council.
2.34.040 Appoinments, terms of office, vacancies.
A. Appointments. The city council will oversee the application, interview, and
appointment process for appointed body members. Each appointment will be made by a
majority vote of the city council. The beginning date for all tens of appointment to any
appointed body will be July 1 and the ending date will be June 30, except for appointments
made to fill unexpired terms of office, or appointments made to fill new positions created
during the year, but which will all be ultimately based upon the fiscal year thereafter.
Following expiration of the term of office, each member shall continue to serve until the
member is reappointed or a successor is qualified and appointed.
B. Term of Office. All terms of office for regular and alternate members will be
four years, unless otherwise specified in the bylaws. Each member shall be eligible for
reappointment at the discretion of the city council, recognizing; however, Mat it is the city's
goal to allow as many qualified and willing individuals as possible an opportunity to serve
their community.
C. Vacancies. 9 a vacancy occurs before the expiration of a tens, the city
council may appoint a member for the unexpired term pursuant to subsection A of this
section.
D. Initial Tens. For new appointed bodies, the initial appointments shall be
staggered so that approximately half of the members serve an initial two-year term and
thereafter, if reappointed, a four year term; the remainder of the members shall serve a
four year term.
2.34.050 Organization and bylaws.
A. Officers. Al the first meeting following July 1st, appointed bodies shall elect
a chairperson and vice chairperson for a one-year term. The chairperson shall preside
over all meetings. The vice chairperson shall preside in the chairperson's absence. In the
chairperson's and vice chairperson's absence, the appointed body may designate a
presiding officer. Vacancies in either the chairperson or vice chairperson position
occurring prior to July may be chosen at any time by a majority vote of the appointed
body.
Ordinance No. 1390 Page 9
B. Bylaw Amendment. Each appointed body may review and propose
amendments to its own bylaws, provided that such bylaws are not in conflict with any
provisions of federal, state, or local law. Bylaws shall be submitted to the city council for
approval.
2.34.060 Members, secretary, and liaisons.
A. Regular Members. The number of regular members of each appointed body
shall be established by city council ordinance or resolution.
B. Alternate Members. The city council; by ordinance, resolution, or minute
order; may establish a certain number of alternate members for any appointed body.
Alternate member(s) may attend appointed body meetings as a nonvoting,
nonparticipating member. In the event of an absence of a regular member, the alternate
member may sit with the appointed body as a voting, participating member. Alternate
members are exempt from the attendance requirements set for in Section 2.34.100 of this
code.
C. Ex Off icio Members. The city council or city manager may designate ex
off icio members to an appointed body. The ex off icio member may participate in the
discussion as permitted by the chairperson, but they do not count towards a quorum nor
cast any votes.
D. Staff Liaison and Recording Secretary. The city manager may designate a
staff liaison and recording secretary for each appointed body. The staff liaison shall aid
and support the appointed body; provide information about relevant city policies and
procedures; facilitate communication between the appointed body and city council; and
keep the city manager informed of appointed body activities. The recording secretary shall
prepare and post agendas, keep meeting minutes, manage and retain related documents,
and forward a copy of meeting minutes to the city clerk.
E. City Council Liaison. The city council may designate a city council member
as a liaison to an appointed body. City council liaisons facilitate communication behveen
the city council and appointed bodies. A city council liaison is not a member nor advocate
of the appointed body and tices not give direction or influence decisions but can assist
and provide information.
2.34.070 Meetings and quorum.
A. Regular Meetings. Regular meetings may be held at a day, time, and place
established by resolution or minute order of the appointed body that may be amended
from time to time. Regular meeting agendas shall be posted at least 72 hours ahead of
Me meeting.
B. Special Meetings. Special meetings may be celled by the chairperson or a
majority of the appointed body. Special meeting agendas shall be noticed at least 24
hours ahead of the meeting.
Ordinance No. 1390 Page 10
C. Emergency Meetings. Emergency meetings may be called if dire
circumstances threaten public health or safety, if one -hour notice is given to media 9
requested.
D. Meeting Cancelation. The staff liaison, in consultation with the chairperson,
may cancel meetings in accordance with the Ralph M. Brown Act.
E. Signing Authority. The presiding officer shall sign, and the secretary shall
attest, to all resolutions and other documents that are adopted in the presiding officer's
presence. If the presiding officer is unavailable, an alternate presiding officer may sign
such documents.
F. Quorum. A majority of voting members shall constitute a quorum for the
transaction of business, exceplwhere the bylaws provide fora membership up to a certain
number of voting members, then a majority of appointed voting members shall constitute
a quorum for the transaction of business.
G. Decorum. Members shall be respectful of everyone present, practice civility
and decorum in discussions and debates, and honor the role of the presiding otacer in
maintaining order.
2.34.080 Agenda management.
A. Agenda Management. The staff liaison of each appointed body shall
oversee approving and placing items on the agenda.
B. Sponsoring an Agenda Item. Any regular member, including the
chairperson, may request the staff liaison to agendize an item for a future meeting during
a regular meeting, when supported by at least one other appointed body member.
2.34.090 Voting, motions, tie votes, and authorized representatives.
A. Voting. Each regular member shall be entitled to one vote and should vote
on every question presented unless disqualified by reason of a conflict of interest.
B. Motions. Recommendations or actions will be made by motion, second, and
a recorded vote.
C. Majority and Tie Votes. A majority vote of the members present at a duly
constituted meeting shall be required to carry a motion, proposal, or resolution. Tie votes
shall be lost motions or "no action" and the matter voted upon may be subject to further
consideration.
D. Authorized Representatives. Under no circumstances shall any member
take any action or make any statement committing the appointed hotly unless expressly
authorized to do so by majority vole of the appointed! body.
Ordinance No. 1390 Page 11
2.34.100 Absences, resignation, and removal.
A. Absences. Regular members are expected to diligently attend and
participate in all meetings. As far in advance of Me meeting as predicable, a regular
member requesting an excused absence shall submit said request to the staff liaison or
recording secretary. An 'excused absence' may be granted due to illness or injury,
unexpected business, emergencies, important personal business, official City business,
or any reasonable excuse that is approved by the appointed body.
B. Unexcused Absences. Unexcosed absences shall result in automatic
resignation under the following circumstances:
1. Six unexcused absences from regular meetings in any twelve-month period
on appointed bodies that meet twice monthly.
2. Three unexcused absences from regular meetings in any twelve-month
period on appointed bodies that meet monthly.
3. Two unexcused absences from regular meetings in any twelve-month
period on appointed bodies that meet bimonthly.
4. One unexcused absence from regular meetings in any bvalve-month period
on appointed bodies that meet quarterly.
5. Upon reaching the allowed number of unexecuted absences, the city clerk
shall notify the regular member that they are subject to automatic resignation and shall
provide a 15-day grace period for the member to request waiver of any unexcused
absence from the mayor, after which the resignation shall be deemed automatic.
C. Waiver of Unexecuted Absences. Upon written request by a member, the
mayor may excuse an otherwise unexcused absence.
D. Resignation. Any member may resign at any time by written notice to the
city clerk, staff liaison, or recording secretary.
E. Removal. Any member may be removed at any time, with or without cause,
by a majority vote of the city council.
F. Failure to Comply with Law. Except as otherwise provided by state law, any
member failing to comply with mandatory training requirements or any public disclosure
report required by federal, state, or local law by the established deadline shall have their
service automatically suspended on the date that is five (5) calendar days following a
written certification by the city clerk that three (3) written (including electronic
communication) notifications had been provided to the member. A member's service shall
be immediately reinstated upon filing the public disclosure report or proof of training.
Ordinance No. 1390 Page 12
2.34.110 Addressing the appointed body.
A. Recognition by Presiding Officer. Any person desiring to address the
appointed body shall wait to be recognized by Me presiding officer. After being
recognized, the person will be asked to state their name and city of residence for the
record and shall limit remarks to the question under discussion. All remarks and questions
shall be addressed to the presiding officer and not to any individual member, staff
member, or other person. No person shall enter into any discussion without being
recognized by the presiding officer.
B. Written Correspondence. The staff liaison or recording secretary is
authorized to receive and open all mail addressed to an appointed body and give it
immediate attention to the end that all administrative business referred to in said
communications and not requiring appointed body action may be disposed of between
meetings. Any communication related to an agenda item before an appointed body shall
be distributed to the appointed body as soon as practicable and retained for Me official
record.
C. Time Limit for Public Comment. Public comments will be limited to the time
allowed on the meeting agenda unless additional time is granted by the presiding officer.
Time limits may be waived or reduced by the presiding officer based on the number of
speakers on any specific item when uniformly applied. A speaker may not defertheir time
to other speakers.
2.34.120 Compensation.
All members serve without compensation, unless otherwise provided, but may be
reimbursed! for reasonable expenses in accordance with City policy."
Section T. Addition to the Municipal Code. Chapter 2.58 Parks and Recreation
Committee is hereby added to Title 2 Administration and Personnel of the Palm Desert
Municipal Code as follows:
"Chapter 2.58 PARKS AND RECREATION COMMITTEE
2,58,010 Established.
A Parks and Recreation Committee ("Committee") is hereby established for the
City of Palm Desert ("City"). The provisions set forth in Chapter 2.34 of this code shall
apply to this Committee, except as otherwise required by slate law. If there is any conflict
between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall
control.
Ordinance No. 1390 Page 13
2.58.020 Members.
The Parks and Recreation Committee shall be comprised of nine (9) regular
members from the community. Additionally, a representative from Desert Recreation
District, Family YMCA of the Desert, and any other organization that has an interest in
parks and recreation are encouraged to attend.
2.58.030 Meetings.
The Parks and Recreation Committee may hold monthly regular meetings at such
date, time, and place as set by Committee resolution or minute order.
2.58.040 Responsibilities.
The Parks and Recreation Committee has Me following responsibilities:
A. Master Plan. The Committee shall develop and maintain a City master plan
for parks and recreation.
B. Citizen Input. Obtain continuous citizen input as a means to quantifying the
needs of the community.
C. Public Access. Ensure convenient access and usability by all citizens of the
community.
D. Member Inspections. Each member will inspect an assigned park and report
Me condition and observations regarding improvements to city staff prior to the next
scheduled meeting of each scheduled month. City staff will ensure reported problems are
properly addressed.
E. Liaisons. Members may be appointed by Me Committee or city council to
serve as a liaison with other counties, districts, cities, agencies, commissions,
committees, organizations, or groups as may be appropriate.
F. Advise and Recommend to city council. The Committee shall have the
power to make recommendations to the city council in all matters pertaining to the
creation, planning, acquisition, operation, maintenance, coordination, management, and
control of all parks and recreation activities and facilities within the City of Palm Desert."
Section 8. Amendmentto Municipal Ccde. Chapter2.80 Public Safety Commission
of Tile 2 Administration and Personnel of the Palm Desert Municipal Code is hereby
amended as follows:
Ordinance No. 1390 Page 14
"Chapter 2.60 PUBLIC SAFETY COMMITTEE
2,60,010 Established.
The Public Safely Committee ("Committee") is hereby established for the City of
Palm Desert ('City'). The provisions set forth in Chapter 2.34 of this code shall apply to
this Committee, except as otherwise required by state law. If there is any conflict between
this chapter and Chapter 2.34 of this code, the provisions of this chapter shall control.
2.60.020 Purpose.
The purpose of the Public Safety Committee is to act as an advisory committee to
Me city council, and to evaluate any public safety issues within the community brought to
Me committee's attention by the city council, city staff, or residents and to make
recommendations to the city council.
2.60.030 Members.
A. The Public Safety Committee shall be comprised of seven (7) regular
members.
B. The membership shall ideally consist of the following:
f. One member who has a law enforcement background;
2. One member who has a ere protection background;
3. One member who represents the retail business community;
4. Four members who represent the community at large.
2.60.040 Meetings.
The Public Safety Committee may hold monthly meetings at such day, time, and
place as set by Committee resolution or minute order.
2.60.050 Responsibilities.
The Public Safety Committee shall have the following responsibilities:
A. Serve as liaison between the community leaders, citizens, and the public
safety officials;
B. Review plans, policies, budgets, and proposals for greater efficiency and
effectiveness in the area of public safety;
C. Provide annual oversight of the city's contracts for public safely;
Ordinance No. 1390 Page 15
D. Seek out and evaluate innovative program development for potential
implementation in the City of Palm Desert;
E. Make recommendations to the city council on programs to provide the
highest quality of service possible to community members and business owners and
operators;
F. Periodically review the ciys disaster preparedness program;
G. Review and recommend to Me city council ordinances to protect the safety
of the community;
H. Prepare and make recommendations to the city council on general public
safety issues; and
I. Perform other functions as the city council may request or as may be
imposed by law."
Section 8. Addition to Municipal Code. Chapter 2.62 Civic Engagement Committee
is hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal
Code as follows:
"Chapter 2.62 CIVIC ENGAGEMENT COMMITTEE
2.62.010 Established.
A Civic Engagement Committee ('Committee") is hereby established for the City
of Palm Desert ("City"). The provisions set forth in Chapter 2.34 of this code shall apply
to this Committee, except as otherwise required by state law. If there is any conflict
between this chapter and Chapter 2.34 of this code, the provisions of this chapter shall
control.
2.62.020 Purpose.
Members of the Civic Engagement Committee shall promote civic education and
engagement to help residents better understand local government, to foster a positive
sense of community, and to prepare the next generation of local government leaders. The
Committee shall not serve as an adjudicatory body making findings about any spec
grievance.
2.62.030 Members.
The Civic Engagement Committee shall be comprised of up to twelve (12)
members and should represent a cross section of the community.
Ordinance No. 1390 Page 16
2.62.040 Meetings.
The Civic Engagement Committee may meet quarterly on a date, time, and place
as set by Committee resolution or minute order.
2,62.050 Responsibilities.
The Civic Engagement Committee has the following responsibilities:
A. Research and explore civic engagement programs and resources that fully
engage our entire community in the civic process and make suggestions to the city
council;
B. Recommend events and educational programs to increase good will
throughout the community and enhance appreciation of diversity, participating in
implementation of those programs as requested by the city council;
C. Promote volunteer opportunities available in Palm Desert, both at the City
and with community partner organizations;
D. Provide input to Me city council or city manager when requested on issues
pertaining to inclusion and engagement of all residents."
Section 9. Amendment to Municipal Code. Chapter 2.64 Housing Commission of
Title 2 Administration and Personnel of Me Palm Desert Municipal Code is hereby
amended as follows:
"Chapter 2.64 HOUSING COMMISSI(
2,64,010 Housing authority established.
Pursuant to resolution adopted on December 11, 1997, Me city council ('city
council") of the City of Palm Desert ('City') established the Palm Desert housing authority
("authority") and declared itself to be the commissioners of Me authority pursuant to the
Housing Authorities Law (California Health and Safety Code Section 34200 at seq.).
2.64.020 Housing commission, created.
Pursuant to Section 34291 of the Health and Safety Code of the State of California,
a governing body of a city which has declared itself to be the commissioners of a housing
authority may, by ordinance, create a housing commission. A housing commission is
created and established. Such housing commission may be known and referred to as the
"Palm Desert housing commission" or the 'housing commission.' The provisions set forth
in Chapter 2.34 shall apply to this commission, except as otherwise required by state law.
If there is any conflict or inconsistency between the provisions of this chapter or the
commission's bylaws and Mesa in Chapter 2.34, the provisions of this chapter andlor the
bylaws will central.
Ordinance No. 1390 Page IT
2.64.030 Members.
A. The housing commission shall consist of seven members who shall be
residents of the city. Two of the members shall be appointed as tenants of the authority
and one of the tenant appointments shall b r over sixty-two years of age if the authority
has tenants over that age. If a tenant appointment to the housing commission ceases to
be a tenant of the authority, he or she shall be disqualified from being a member and
another tenant of the authority shall be appointed by the city council to the remainder of
Me unexpired term. The successor to a tenant appointment shall be a tenant of the
authority.
B. Notwithstanding Section 2.36 030, a City officer or employee is eligible to
serve on the housing commission, but only if such officer or employee does not exercise
powers or duties in his or her office or employment that may conflict with the exercise of
the independent judgment required to carry out the purposes of the authority.
2.64.040 Regular meetings.
Regular meeting days of the housing commission shall be determined by
resolution of the housing commission, except thatthe board shall meet at least once each
month.
2.64.050 Duties.
The housing commission shall have the power and be required to revlewand make
recommendations on all matters to come before the authority prior to authority, action,
except emergency matters and matters which the housing authority, by resolution,
excludes from the housing commission's review.
2.64.060 Procedures for review and recommendation —Further functions
Before a matter is acted upon by the authority, the matter shall be submitted to the
housing commission for its review and recommendation. Within thirty days after a matter
is submitted to the housing commission for its review and recommendation, the housing
commission shall make and file its report thereon with the authority. If the housing
commission does not report upon the matter within thirty days after its submission by the
authority, the housing commission shall be deemed to have waived its review and
recommendations concerning the matter and the authority may thereafter approve the
matter without the report of the housing commission. From time to time, the city council
may, by ordinance or resolution, amend the procedures set forth in this section or provide
for additional procedures for review and recommendation, and for further functions of the
housing commission.
Ordinance No. 1390 Page 18
2.64.070 Housing commission members appointed as relocation appeals
board.
A. Section 33417.5 of Me Health and Safety Code of the State of California
provides that there is in each city having a redevelopment agency a relocation appeals
board composed of five members appointed by the mayor of the city, subject to the
approval of the legislative hotly.
B. By prior resolution, Me mayor of the city of Palm Desert appointed five
members of Me Palm Desert housing authority commission as the members of the
relocation appeals board and the city council approved such appointment.
C. Pursuant M Section 6152 of the Relocation Assistance and Real Property
Acquisition Guidelines (Chapter 6 of Title 25 of Me California Code of Regulations,
commencing with Section 6000), the city council designates the relocation appeals board
to hear the appeals of all persons who make a written request for formal review and
reconsideration of the determinations at the city of Palm Desert (the "city') and the Palm
Desert housing authority (the "authority') as to eligibility and Me amount of payment, and
to hear the appeals of all persons who make a written request for formal review and
reconsideration regarding the city's or the authority's actions with respect M referals to
comparable permanent or adequate temporary replacement housing or the city's or
authority's property management practices.
2,64,080 Removal.
Notwithstanding Section 234.100, the removal of a member of the housing
commission shall comply with the requirements of Section 34282 of the Health and Safety
Code of Me State of California.
2A4.090 Compensation and reimbursement.
Compensation shall be paid to each member of the Palm Desert housing authority
in the amount of fifty dollars ($50.00) per member per meeting not to exceed four
meetings per month and shall increase in the same amount as may be prescribed by
Section 34274 of the Health and Safety Code of the State of California. Said
compensation shall be in addition to reimbursement for actual and necessary expenses
incurred in the discharge of their duties."
Section 10. Add0ion to Municipal Code. Chapter 2.66 Resources Preservation &
Enhancement Committee is hereby added to Title 2 Administration and Personnel of Me
Palm Desert Municipal Code as follows:
Ordinance No. 1390 Page 19
"Chapter 2.66 RESOURCE PRESERVATION & ENHANCEMENT
COMMITTEE
2.66.010 Established.
A Resource Preservation & Enhancement Committee ("Committee") is hereby
established for the City of Palm Desert ('City"). The provisions set forth in Chapter 2.34
of this code shall apply to this Committee, except as otherwise required by state law. If
Mere is any conflict between this chapter and Chapter 2.34 of this code, the provisions of
this chapter shall control.
2.66.020 Purpose.
The purpose of the Resource Preservation & Enhancement Committee is to
oversee the implementation of the Environmental Sustainability Plan ("Plan") and
Greenhouse Gas Inventory as approved by the city council and recommend to the city
council any changes to this Plan.
The Resource Preservation & Enhancement Committee shall be comprised of
thirteen (13) members with preference to those who reside or work within the City of Palm
Desert or Valley -wide residents who can offer specific expertise in a critical subject area
addressed by the Committee. It is believed that a thirteen -member committee would bring
broader representation of the community to review and make decisions on these
increased measures toward sustainability.
2.66.040 Meetings.
The Resource Presentation & Enhancement Committee may meet quarterly, up to
bi-monthly, on a date, fime, and place as set by Committee resolution or minute order.
266.050 Responsibilities.
It shall be the responsibility of the Resource Preservation & Enhancement
Committee to make recommendations to the city council with respect to matters
concerning the City's programs and targets in achieving identified actions in
Environmental Suslainabili y Plan ("Plan") and Greenhouse Gas Inventory. The
Committee shall have the authority and responsibility to review staff reports and
recommendations from City staff, offer comment and feedback, and help develop
appropriate policies and actions to most the Plan's goals."
Section 11. Amendment to Municipal Cade. Municipal Code Chapter 2.68 Cultural
Arts Committee of Title 2 Administration and Personnel of the Palm Desert Municipal
Code is hereby amended as follows:
Ordinance No. 1390 Page 20
"Chapter 2.68 CULTURAL ARTS COMMITTEE
2,68,010 Established.
The Cultural Arts Committee ("Committee") is hereby established for the City of
Palm Desert ('Cii The provisions set forth in Chapter 2.34 of this code shall apply to
his Committee, except as otherwise required by state law. If there is any conflict or
inconsistency between the provisions of this chapter and those in Chapter 2.34 of the
code, the provisions of this chapter will control.
2.68.020 Purpose.
The purpose of the Cultural Arts Committee is to guide the Art in Public Places
Program, and beyond that specific program, to provide ideas to the city council for more
expansive City -sponsored art opportunities. Art includes but is not limited to murals,
sculpture, memorials, earthwork, community an, digital media, and performances and
festivals.
2.68.030 Members.
A. The Cultural Arts Committee shall be comprised of seven (T) members. In
addition, there shall be two nonvoting liaison members, one each to be selected by their
commission from the architectural review commission and the planning commission.
B. Membership may be comprised of people moogn¢ed as having expertise
in he visual arts, construction, or technical field necessary for acquisition, fabrication, site
preparation, installation, or display of artwork.
C. At all times the Committee shall strive to maintain a membership that
includes at least one:
1. Professional Artist;
2. Architect;
3. Landscape ArchilecV Designer;
And may include but is not limited to:
4. Museum Professionals;
5. An Educators;
6. Ad Historians;
T. Ad Conservators;
B. Designers;
Ordinance No. 1390 Page 21
9.
Development Industry;
10.
Construction Trades;
11.
Engineers;
12.
Gallery Professionals.
2.68.040
Meetings.
The Cultural Arts Committee may hold regular monthly meetings at a date, time,
and place to be set by Committee resolution or minute order.
2.68.050 Responsibilities.
The Cultural Arts Committee has the following responsibilities:
A. Advocate for inclusion of culture and cultural policy in myriad aspects of the
City and the lives of its citizens;
B. Advise the City on issues relating to cultural policy for the arts:
C. Recommend policies and procedures for the Art in Public Places Program;
D. Recommend new public art projects;
E. Position the art program within the City to work with other City departments
to ensure art is incomoreled into the initial planning of public and private projects as they
pertain to the Art in Public Places percent for art fee requirements or City funded projects:
F. Review and forward recommendations to the city council regarding public
and private art projects which utilize Art in Public Places or City funds;
G. Review and forward recommendations to the city council regarding City
public art acquisitions which utilize Art in Public Places or City funds;
H. Review and forward recommendations to the city council regarding
donation of artworks to the City;
I. Review and provide recommendations to the City Council related to
proposals for art -oriented festivals and performances and assist with implementation of
council -approved plans;
I. Serve as stewards of the public art collection of the City;
J. Serve as goodwill ambassadors of the Art in Public Places Program and
City to the community at large.
Ordinance No. 1390 Page 22
2.68.060 Geographical area of responsibility.
The Cultural Arts Committee shall confine its objectives regarding art placement
to the corporate limits of Me community; however, it shall have no restraints on the areas
where it may seek sources of ad or financing.'
Section 12. Addition to Municipal Code. Chapter 2.70 Homelessness Taskforce is
hereby added to Title 2 Administration and Personnel of the Palm Desert Municipal Code
as follows:
"Chapter 2.70 HOMELESSNESS TASK FORCE
2.70.010 Established.
A Homelessness Task Force ("cask Force') is hereby established for Me City of
Palm Desert ('City°). The provisions set ford in Chapter 2.34 of this code shall apply to
his Task Force, except as otherwise required by state law. If there is any conflict between
Me provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this
chapter will control.
2.70.020 Purpose.
The purpose of the Homelessness Task Force is to review various services and
coordinated efforts to address homelessness and, when necessary, advise the city
council of the same. Additionally, he Task Force shall discuss business and community
needs and effects due to the impacts of homelessness.
2.70.030 Members.
The Homelessness Task Force shall be composed of seven (7) members including
two city councilmembers appointed by the mayor, two members of he business
community, two community members, and the chairperson of the Housing Commission.
Business members may reside outside of Palm Desert; however, their businesses must
be located in Palm Desert. One of the community members shall be a representative of
Me Public Safety Committee.
2.70.040 Meetings.
The Homelessness Task Force may hold bi-monthly regular meetings at a date,
time, and place as set by Task Force resolution or minute order."
Ordinance No. 1390 Page 23
Section 13. Amendment to Municipal Code. Palm Desert Municipal Code Title 3
Revenue and Finance, Chapter 3.40 Parking and Business Improvement Area, Section
3.40.070 Advisory board established —Duties is hereby amended as follows:
43.40.070 El Paseo Business Improvement Area Advisory Board.
A. Established. There is established an El Paseo Business Improvement Area
Advisory Board ("Board"). The provisions set forth in Chapter 2.34 of this code shall apply
to this board, except as otherwise required by state law. If there is any conflict between
the provisions of this chapter and those in Chapter 2.34 of this code, the provisions of this
chapter will control.
B. Purpose. The purpose and objectives of the El Paseo Parking and Business
Improvement Area is to represent the interests of its members on El Paseo. These
interests include, but are not limited to, advertising promotion, street beautification,
parking, tourism and other activities promoting business in the area.
The El Paseo Parking and Business Improvement Area was established to
promote El Paseo as a world Gass, pedestrian Mandy, upscale consumer oriented
destination, offering quality and unique retail and service businesses.
C. Members. The board shall consist of seven (7) members appointed by the
city council. The terms of office of said members of the advisory board shall be for three
year terms. Board terms shall be staggered so that approximately one-third of the terms
expire each year and said term shall begin January 1st of each year. Appointments to the
board shall be limited to all businesses (on a business license basis) with an address
between 73-040 through 73-999 El Paseo and adjoining streets located 180 feet south of
El Paseo and 154 feet north of El Paseo as defined in Section 3.40.010 of this Code.
Members of the board must be a proprietor, partner, or corporate officer of a
member business, excepting that members may be a person holding an execufive
management position of a member entity if such member entity's headquarters are not
located in the City of Palm Desert. No more than one individual from a business paying a
single assessment may serve at the same time as a member of the board.
D. Appointments. The city clerk shall forward all applications to the
membership Committee of the Board. The membership committee shall interview each
applicant and report their findings to the Board. The Board shall vote on each applicant
and by majority vote may recommend such persons) to the city council to fill the vacant
seat.
E. Meetings. The Board may meet monthly on a dale, time, and place as set
by Board resolution or minute order. The regular meeting in May shall be designated as
Me Budget Planning and Annual Meeting of the Board.
Ordinance No. 1390 Page 24
F. Removal. Any member who ceases to be a proprietor, partner, or corporate
officer or a member business or any member who ceases to be in an executive
management position in the case of a member entity whose headquarters are not located
in the City of Palm Desert, shall automatically be removed as a member.
G. Committees. Committees shall not have the authority of the Board in the
management of the Association. The members of a committee shall be members of the
Association and the Board shall appoint the members thereof.
One member of each committee shall be elected chairperson by the members of
the committee.
Any membersthereof maybe removed by the Board whenever, in their judgment,
the best interests of the Association shall be sewed. A member of the Board shall be an
advisory member of all committees. Each member of a committee shall continue as such
time as their successor is appointed, unless the committee is terminated sooner, or unless
such member is removed from such committee, or unless such member shall cease to
qualify as a member thereof.
Section 14. Amendment to Municipal Code. Palm Desert Municipal Code Title 9
Public Peace, Morals, and Welfare, Chapter 9.50 Mobile Home Park Rent Review,
Section 9.50.040 Rent review board is hereby amended as follows:
"9.50.040 Rent review board.
A. Established. A mobile home park rent review board ("Board") is hereby
established for the City of Palm Desert ('City°). The provisions set forth in Chapter 2.34
of this code shall apply to this Bari except as otherwise required by stale law. If there
is any conflict between the provisions of this chapter and those in Chapter 2.34 of this
code, the provisions of this chapter will control.
B. Members. The Board shall consist of three (3) regular members and two (2)
alternate members appointed by the city council and serving at the pleasure of the city
council. Alternates shall serve only to the extent necessary to form a quorum of two
members. The secretary of the board shall determine whether the attendance of one or
more alternates at a given meeting is necessary to ensure a quorum and notify them
accordingly.
C. Meetings. The Board may meet on an as needed basis on a date, time, and
place as set by Board resolution or minute order.
D. Disclosure. All candidates for appointment to the board shall disclose in a
verified statement all present holdings and interests in real property, including interests in
corporations, trusts or other entities owning real property within this jurisdiction as defined
by California Government Code Section 82035. Such disclosure statement shall be filed
with the city clerk and made available to the city council prior to appointment of members
of the board. Disclosure of holdings required herein shall be in addition to any other
disclosure required by stale or local law for holders of public office.
Ordinance No. 1390 Page 25
Section 15. Amendment to Municipal Code. Palm Desert Municipal Code Title 29
Guttural Resources, Chapter 29.30 Guttural Resources Preservation Committee, is
hereby amended as follows:
"Chapter 29.30 CULTURAL RESOURCES PRESERVATION COMMITTEE
29.30.010 Established.
A Cultural Resources Preservation Committee ('Committee') is hereby
established for the City of Palm Desert ('City'). The provisions set forth in Chapter 2.34
of this code shall apply to this Committee, except as otherwise required by state law. If
there is any conflict between the provisions of this chapter and those in Chapter 2.34, the
provisions of this chapter will control.
29.30.020 Members.
The Cultural Resources Preservation Committee shall be comprised of seven (7)
community members and no less than four members are encouraged to be appointed
from individuals that have knowledge in the fields or disciplines of archite=m, history,
architectural history, planning, pre -historic or historic archaeology, folklore, cultural
anthropology, curator, conservation, and landscape architecture, or related disciplines,
such as urban planning, American studies, American civilisation, or cultural geography to
Me extent that such professionals are available in the community.
29.30.030 Meetings.
The Cultural Resources Preservation Committee may hold monthly regular
meetings at such day, time, and place as set by Committee resolution or minute order.
29.30,040 Responsibilities.
A. The responsibilities of the administrator are in addition to those of the
Cultural Resources Preservation Committee and are subject to Section 29.30.040(C) as
follows:
1. Conduct or cause to be conducted a comprehensive survey to
identify cultural resources;
2. Compile, maintain and publish an up-to-date inventory of all cultural
resources with certified survey findings;
3. Compile, maintain and publish a register to include designated and
register eligible cultural resources;
4. Approve, conditionally approve, or deny certificate of
appropriateness applications pursuant to Chapter 29.60;
Ordinance No. 1390 Page 26
5. Make recommendations to the city council regarding the adoption of
cultural resources preservation incentives including, but not be limited to economic
and tax incentives, conservation easements, preservation easements, acquisition
or sale of property, development rights, fee adjustments and land use, zoning,
development restrictions;
6. Make recommendations to the city council for enforcement and
penalties concerning matters covered in this litre; and
7. Ensure that cultural resources preservation is coordinated with other
city departments and agencies.
B. The responsibilities of the Committee are subject to Section 29.30.a40(C)
as follows:
1. Certify survey findings at an agendized public meeting or authorize
the administrator to certify survey findings administratively through a specific
findings process designated by the city council;
2. Adopt and make available designation applications and review
procedures by which cultural resources may be designated as landmarks or
historic districts;
3. Recommend to the city council the inclusion or deletion of landmarks
and historic districts in the register pursuant to the regulations of this title;
4. Encourage and foster public participation in the cultural resources
survey and designation processes;
5. Seek means and resources to appropriately identify landmarks and
historic districts with permanent city approved plaques and signs;
6. Initiate and prepare nominations of eligible city -owned cultural
resources to local, state and national registers;
7. Adopt standards including design guidelines to be used by the
committee and the administrator in reviewing certificate of appropriateness
applications;
8. Encourage cooperation between public and private cultural
resources preservation organizations and groups including the historical society of
Palm Desert, the California Historical Resources Information System Eastern
Information Center at the University of California, Riverside, and other
organizations in Coachella Valley communities;
Ordinance No. 1390 Page 27
9. Make recommendations to the city council regarding the adoption of
cultural resources preservation incentives including, but not be limited to economic
and tax incentives, conservation easements, preservation easements, acquisition
or sale of property, development rights, fee adjustments and land use, zoning, and
development restrictions;
10. Review and make recommendations to city council on applications
to participate in local cultural resources preservation incentives programs
established to effectuate the purposes of this title;
11. Seek out information and advise city council on the use of various
local, state, federal or private sources and mechanisms available to promote
cultural resources preservation;
12. As part of the city's CEQA review procedures H referred by city,
identify and advise appropriate city departments and governmental entities of
known cultural resources; assess and advise the city council whether any
proposed project would have an adverse effect on the significance of such cultural
resources; and recommend to the city council appmprate action in compliance
with the city's adopted CEQA procedures;
13. Evaluate and comment on pmpoi als and environmental reviews that
affect cultural resources in the city and are pending before public agencies other
than the city of Palm Desert;
14. Prepare and adopt plans including design guidelines for the
preservation of cultural resources;
15. Review and make recommendations on zoning and geneml plan
amendments for the purpose of preserving cultuml resources;
16. Develop and conduct public information, educational and interpretive
programs pertaining to cultural resources preservation and provide for public
participation In all aspects of the city's cultural resources preservation program;
17. Assume whatever responsibilities and duties may be assigned to the
committee by the city council under the cei local government provisions, of
Me National Historic Preservation Act of 1966 as amended;
18. Perform any other functions that may be designated by resolution or
motion of the city council.
C. Any designation or certified survey of property shall require written consent
of the owner of the property."
Ordinance No. 1390 Page 28
Section 16. Rescind Existing Bylaws. Bylaws adopted prior to Me effective date of
this Ordinance are deemed rescinded in their entirety and replaced by the provisions
established by this Ordinance and found in T0is 2 of Me Palm Desert Municipal Code.
Section 17. Severebilily. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to Da invalid, unconstitutional, or
unenforceable by Me decision of any court of competent jurisdiction, such decision shall
not affect the validity of Me remaining portion of the Ordinance. The City Council declares
Mat it would have Passed each section, subsection, Paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more secion, subsection,
sentence, clause or phrase would be declared invalid, unconstitutional or uneMorceable.
Section 18. CEOA. The City Council hereby finds and debentures that this
Ordinance is exempt from CEOA pursuant to State CEOA 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 procedural and administrative in nature.
Moreover, 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 19. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish a summary of 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.
ADOPTED ON MARCH 9, 2023.
Kafli(eex Kell e,
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
Ordinance No. 1390
Page 29
I, Anthony J. Melia, City Clark of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1390 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on February 16, 2023, and adopted at a
regular meeting of the City Council held on March 9, 2023. by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on Mar 13,2023
a,
ANTHONYJ. MEJIA
CITY CLERK
Ord 1390 Admin Update of bylaws for BCC
Final Audit Repod
2023-03-13
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