ORD 524ORDINANCE NO. 524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL
CHAPTERS OF TITLE 1 AND TITLE 2 OF THE MUNICIPAL
CODE
WHEREAS, Title 1 of the Municipal Code contains the chapters that address
general provisions, and;
WHEREAS, Title 2 of the Municipal Code contains the chapters that address
city administration and personnel matters, and;
WHEREAS, a comprehensive review of Title 1 and Title 2 was undertaken to
examine each chapter for accuracy, relevance, streamlining, straight -forward
language, and compliance with State law, and;
WHEREAS, amendments to three chapters of Title 1 and eight chapters of
Title 2 are needed as a result of the comprehensive review to update the Municipal
Code,
NOW THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 1.01 CODE ADOPTED, Sections 1.01.003, 1.01.005,
1.01.170, 1.01.200, 1.01.230, 1.01.260, and 1.01.300 shall be amended as
written in Exhibit A attached hereto.
SECTION 2. CHAPTER 1.04 CITY SEAL, Section 1.04.020 shall be amended as
written in Exhibit A attached hereto.
SECTION 3. CHAPTER 1.09 ADMINISTRATIVE CITATION, Sections 1.09.010,
1.09.020, 1.09.030, 1.09.040, 1.09.050, 1.09.070, 1.09.080, 1.09.090,
1.09.100, and 1.09.1 10 shall be amended as written in Exhibit A attached hereto.
SECTION 4. CHAPTER 2.04 COUNCIL, Sections 2.04.020, 2.04.040, 2.04.050,
2.04.100, 2.04.110, 2.04.115, 2.04.120, and 2.04.130 shall be amended as
written in Exhibit A attached hereto.
SECTION 5. CHAPTER 2.08 CITY MANAGER, Sections 2.08.040, 2.08.050,
2.08.060, 2.08.070, 2.08.090, 2.08.100, 2108.110, 2.08.120, 2.08.130,
2.08.140, 2.08.150, 2.08.160 and 2.08.170 shall be amended as written in
Exhibit A attached hereto.
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Sections 2.08.180 through 2.08.230, regarding appeals to the city manager, shall
be added to Chapter 2.08 as written in Exhibit A attached hereto.
SECTION 6. CHAPTER 2.10 CITY CLERK, Section 2.10.030 shall be amended as
written in Exhibit A attached hereto.
SECTION 7. CHAPTER 2.12 DIRECTOR OF FINANCE, all sections shall be
amended as written in Exhibit A attached hereto.
SECTION 8. CHAPTER 2.40 CONSTRUCTION BOARD OF APPEALS, Section
2.40.050 shall be amended as written in Exhibit A attached hereto.
SECTION 9. CHAPTER 2.44 PEACE OFFICER TRAINING STANDARDS shall be
deleted in its entirety from the Municipal Code.
SECTION 10. CHAPTER 2.55 OFFICIAL HOLIDAYS shall be amended as written in
Exhibit A attached hereto.
SECTION 11. CHAPTER 2.65 ART IN PUBLIC PLACES, Sections 2.65.010 and
2.65.1 10 shall be amended as written in Exhibit A attached hereto.
SECTION 12. SEVERABILITY. The City Council declares that, should any
provision, section, paragraph, sentence or word of this ordinance be rendered. or
declared invalid by any final court action in a court of competent jurisdiction or by
reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences or words of this ordinance as hereby adopted shall remain in
full force and effect.
SECTION 13. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty days after its adoption.
SECTION 14. POSTING. The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this 5T" day of April 2015 by the following vote:
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Municipal Code Title 1 & 2 Amendments
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AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
C
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, Ci Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO;FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 524
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EXHIBIT A
Chapter 1.01 CODE ADOPTED
1.01.003 Contents of code.
The La Quinta Municipal Code shall consist of all ordinances adopted by the city council
which are of a general and permanent nature. An ordinance relating to any of the
following subject matters is not considered an ordinance of general and permanent
nature and need not be included within the municipal code:
A. The naming of streets or roads;
B. Granting, altering, or withdrawing franchises;
C. Levying real property tax;
D. Calling an election;
E. Annexation proceedings;
F. Interim zoning measures;
G. Zoning or rezoning a particular parcel of property;
H Development Agreements;
I. Such other ordinances of a special or particular subject matter which the council
considers are not appropriate to a general compilation of laws of a general and
permanent nature. (Ord. 2 § 1, 1982)
1.01.005 Maintenance of code.
At least one copy of this code, duly certified by the city clerk, shall be maintained on file
in the office of the city clerk as the official copy of this code. Additional copies of this
code shall be distributed upon request to the departments of the city. Duly certified
copies of each ordinance making a change in this code shall be filed in the office of the
city clerk, duly indexed for ready reference. At least annually the city clerk shall cause
the loose-leaf pages of this code in which changes have been made to be reproduced,
including a notation as to the ordinance number and the date pursuant to which such
change is adopted. The reprinted pages shall be distributed in order that the loose-leaf
copies of this code, prepared for the use and convenience of the officers and
employees of the city and the general public, may be brought up to date. (Ord. 2 § 1,
1982)
1.01.170 Definitions.
As used in this code, unless a different meaning is apparent from the context or is
specified elsewhere in the code:
5. "Councilmember" means a person duly elected or duly appointed to fulfill the
term of a vacated seat to the council.
Words and phrases not defined in this code are construed according to their plain and
ordinary meaning, which may be determined by reference to a nationally recognized
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and published dictionary, , or, when appropriate, by reference to definitions contained in
state or federal law. (Ord. 2 § 1, 1982)
1.01.200 Violation —Infraction.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this code or the provisions of any code adopted by reference by this
code or any provision of any ordinance of the city not included within this code. Any
person violating any of such provisions or failing to comply with any of the mandatory
requirements of this code or any code adopted by reference by this code or any other
city ordinance shall be guilty of an infraction, unless the violation is specifically
designated as constituting a misdemeanor. Each such person shall be guilty of a
separate offense and may be punished accordingly for each and every day during any
portion of which any violation of any provision of this code, or any provision of any code
adopted by reference by this code, or of any other city ordinance, is committed,
continued, or permitted by such person.
Any provision or requirement of this code or otherwise as referred to above, the
violation of which or the failure to comply with which, is designated as an infraction,
shall be prosecutable as a misdemeanor upon a third violation and each violation
thereafter of the same provision by the same individual. In addition, any such violation
or failure to comply may be prosecuted originally as a misdemeanor in the discretion of
the city attorney or any deputy district attorney, upon a showing by the enforcing agency
of the seriousness of the particular alleged violation. (Ord. 2 § 1, 1982)
1.01.230 Punishments.
A. Any person convicted of a misdemeanor under the provisions of this code shall
be punishable by a fine of not more than one thousand dollars, or by imprisonment for a
period not exceeding six months, or by both such fine and imprisonment.
B. Any person convicted of an infraction under the provisions of this code shall be
punishable for a first conviction by a fine of not more than one hundred dollars, for a
second conviction within a period of one year by a fine of not more than two hundred
dollars, and for a third or any subsequent conviction within a period of one year by a fine
of not more than five hundred dollars. (Ord. 482 § 1, 2010; Ord. 2 § 1, 1982)
1.01.260 Nuisances —Recovery of abatement expenses.
D. The liability of any person for the payment of the costs and expenses provided
for in subsection A of this section may be waived in whole or in part by the city attorney
in any case wherein s/he determines, in his/her sole discretion, that the failure or refusal
of such person to comply with the notice therein involved was based upon a good faith
and bona fide issue of law or fact specially involved in the circumstances of the case.
Any determination or decision of the city attorney in this regard shall be final and
conclusive and shall not be subject to appeal as prescribed in Chapter 2.04 of this code.
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E. Moneys due to the city pursuant to this section may be recovered in an
appropriate civil action. Alternatively, such liability may be enforced by special
assessment proceedings against the parcel of land upon which the nuisance existed,.
which proceedings may be conducted in a manner substantively similar to proceedings
described in Section 39574 et seq., of the Government Code of the state relating to
weed abatement assessments. (Ord. 2 § 1, 1982)
1.01.300 Notices —Service.
Whenever a notice is required to be given, or may be given, under any provision of this
code or any provision of any code adopted by reference by this code or any provision of
any ordinance or resolution of the city not included within this code, or any applicable
state laws or condition imposed by any entitlement, permit, agreement or environmental
documented issued or approved under the provisions of this code or any code adopted
by reference, .such notice may be given as provided in this section. Unless different or
special provisions are otherwise specifically made in this code or in some other
applicable enactment, any such notice shall be given by one of the following methods:
A. Personal Delivery. Delivery thereof to the person to be notified, or if a firm,
association, corporation, estate, group or club, by delivery thereof to any partner,
officer, agent, employee, director or servant thereof; or
B. Delivery to Premises. Delivering the notice to and leaving it with any person over
eighteen years of age residing in, or in charge of the premises referred to in the
matter; or
C. Posting on Premises. In case no,.such person is found upon the premises, by
affixing the notice to a conspicuous place on the door to an entrance to the
premises or at the abutting public right-of-way in addition to delivery by mail; or
D. Delivery by Mail. Deposit in the United States mail in a sealed envelope, postage
prepaid, addressed to such person to be notified, at that person's last known
residence or business address as, the same appears in the public records or
other records pertaining to the matters to which the notice is directed. (Ord. 2 §
1, 1982)
Notices shall be deemed issued and served at the time of personal delivery, delivery to
premises, posting on premises, and the day that the notice is deposited in the post
office or in the official receptacle thereof (exclusive of days in which the U.S. mail is not
delivered).
Chapter 1.04 CITY SEAL
1.04.020 Design.
The seal adopted in Section 1.04.010 shall be circular in form and shall be not less than
two inches in diameter. Around its circumference shall appear the words "City of La
Quinta, California" and, within, the words "Incorporated 1982." The size and shape of
the seal and any additional text and/or graphic designs shall be set by resolution of the
city council and may be changed from time to time by city council resolution.
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Chapter 1.09 ADMINISTRATIVE CITATION
1.09.010 Definitions.
C. The term "issued" shall have the same meaning as that set forth in Section
1.01.300
1.09.020 Authority and fines. [title change onlyl
1.09.030 Service procedures. [deleted]
1.09.030 Failure to pay fines. (renumbered — was 1.09.1001
The failure of any person or entity to pay the civil fines assessed by an administrative
citation may result with the city pursuing any and all legal remedies to collect the civil
fines. The city may also move to recover its collections costs according to proof.
1.09.040 Contents of notice.
Each administrative citation shall contain the following information:
1.09.050 Satisfaction of administrative citation.
Upon receipt of a citation, the responsible person must pay the fine within fifteen
calendar days from the date the administrative citation is issued. Responsible persons
shall pay all fines assessed as instructed on the administrative citation. Payment of a
fine shall not excuse or discharge .the failure to correct the violation(s) nor shall it bar
further enforcement action by the city. If the responsible person fails to correct the
violation(s) subsequent to the administrative citation, the city may issue further citations
for the same violation(s) or the city may choose to utilize another means of
enforcement. The amount of the fine for failure to correct the violation(s) for each
additional occurrence shall increase at a rate specified in this chapter or by ordinance.
1.09.070 Hearing officer.
A. The director of the department of the city who is overseeing the matter which is
the subject of the administrative citation shall appoint a person or contract an agency to
provide a person who shall preside at the hearing and hear all facts and testimony
presented and deemed appropriate. ("hearing officer").
C. Any person designated to serve as a hearing officer is subject to disqualification
for bias, prejudice, interest or for any other reason for which a judge may be disqualified
pursuant to Code of Civil Procedure Section 170.1. The responsible person may
challenge the hearing officer's impartiality by filing a statement, with either the director
of the department of the city who is overseeing the matter which is the subject of the
administrative citation or alternative employee) designated by the city to handle such
challenge ("city's designee"), objecting to the hearing officer and setting forth grounds
for disqualification. The question of disqualification shall be heard and determined in
writing by the city's designee within ten calendar days following the date which the
disqualification statement is filed. (Ord. 379 § 1 (part), 2002)
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1.09.080 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be
held unless both a request for hearing form has been completed and submitted and the
fine for the citation has been deposited in advance. Any deposit shall be held in a
separate account, in trust, pending final resolution of the hearing.
1.09.090 Administrative order.
A. Within ten working days of the hearings conclusion, the hearing officer shall issue
the responsible person with a notice of decision and decision in writing ("administrative
order") in accordance with Section 1.01.300
B. The administrative order shall contain the hearing officer's findings of fact and
conclusions, and a statement regarding the procedure described in Section 1.09.100 for
seeking judicial review. The decision of the hearing officer shall be final except as
provided for in Section 1.09.100.
C. If the hearing officer renders a decision in favor of the responsible person, the
administrative order shall constitute a dismissal of the municipal ordinance violation(s)
and the city shall return any monies paidby. the responsible person towards the
dismissed administrative citation.
1.09.100 Right to iudicial review. [renumbered onlyl
1.09.110 Notices.
A. The administrative citation and all notices to be given by this chapter shall be
served on the responsible person in accordance with the provisions of Section 1.01.300
of the La Quinta Municipal Code.
B. Failure to receive any notice specified in this chapter shall not affect the validity
of any proceeding conducted hereunder. (Ord. 379 § 1 (part), 2002)
Chapter 2.04 COUNCIL
2.04.020 Place of regular meetings.
The regular meetings of the city council shall be held at city hall, 78-495 Calle Tampico,
La Quinta, California. (Ord. 232 § 1, 1993; Ord. 21 § 1 (part), 1982; Ord. 4 § 1 (part),
1982; Ord. 2 § 1, 1982)
2.04.040 Adoption of rules of procedure. [title change only]
2.04.050 Compensation and reimbursement.
Compensation shall be paid to each member of the city council in the amount of twenty-
three hundred dollars per month. The mayor shall receive additional compensation in
the amount of five hundred dollars per month. Further, in the event a council member or
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the mayor wishes to utilize personal electronic devices or personal data service for city -
related business communication rather than city -issued devices and/or service, an
additional reimbursement pursuant to the city's adopted personnel policy shall be added
to the monthly reimbursement amounts set forth herein. In the event that official duties
require travel outside the Coachella Valley or overnight, the costs shall be reimbursed
according to the city's adopted policy for such expenditures. The compensation amount
will be effective from July 1, 2015. (Ord. 442 § 1, 2007; Ord. 430 § 1, 2006; Ord. 419 §
1, 2005; Ord. 386 § 1, 2003; Ord. 335 § 2, 2000; Ord. 322 § 2, 1998; Ord. 231 § 1,
1993; Ord. 100 § 1, 1986; Ord. 83 § 1, 1985; Ord. 36 § 1, 1983; Ord. 11 § 1, 1982; Ord.
2 § 1, 1982)
2.04.100 Appeals to council.
A. Except when an appeals procedure .is otherwise specifically set forth in this code,
any person excepting to the denial, suspension, or revocation of a permit or license
applied for or held by him/her pursuant to any of the provisions of this code, or to any
administrative decision made by any official of the city, if the denial, suspension, or
revocation of the permit or license, or the determination of the administrative decision
involves the exercise of administrative discretion or personal judgment exercised
pursuant to any of the provisions of this code, may appeal in writing to the council by
filing with the city clerk a written notice of the appeal.
B. No appeal may be taken to any such administrative decision made by an official
of the city pursuant to any of the provisions of this chapter unless the decision to appeal
has been first taken up with the permit administrator and with the city manager, and
each such official has not adjusted the matter to the appellant's satisfaction.
C. No right of appeal to the council from any administrative decision made by an
official of the city pursuant to any of the provisions of this code shall exist when the
decision is ministerial and thus does not involve the exercise of administrative discretion
or personal judgment exercised pursuant to any of the provisions of this code, whether
the administrative decision involves the denial, suspension, or revocation of a permit,
license, or any other administrative decision. Also, there shall be no such right of appeal
with regard to law enforcement activities involving state law. (Ord. 2 § 1, 1982)
2.04.110 Notice of appeal —Time limit —Contents —Fee.
A. Any such notice of appeal shall not be acted upon unless filed within ten days
after service of written notice of the action being appealed; provided, that if the notice of
action has not been served in writing, the appellant may, within ten days after being
apprised of the action, demand service of written notice thereof, and shall have ten days
following such service in which to file the notice of appeal.
B. The notice of appeal shall be in writing and shall set forth (1) name(s) of the
person(s) filing the appeal ("appellants"), (2) the specific action being appealed; (3) the
specific grounds of the appeal; (4) the relief or action sought- from the city council; and
(5) the signatures of all parties named as appellants and their mailing addresses. The
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notice of appeal, or certain information contained in the notice of appeal, may be subject
to public disclosure.
C. A filing fee for the appeal, established from time to time by city council resolution,
must be paid to the city at or prior to the time of the filing of the appeal.
D. - Except in those instances where an appeal is filed by the city manager or other
public official in pursuance of official duties, the written notice of appeal from the action
of an administrative official or from an administrative body of the city, as the case may
be, shall be accompanied by such fee as may have been established by resolution of
the city council. (Ord. 2 § 1, 1982)
E. Any appeal filed that fails to provide all of the information required by this
section, or fails to include the- appropriate filing fee, or both, shall be deemed
incomplete. The city clerk shall return the incomplete appeal to the appellant with a
brief statement explaining the reasons for the deficiency, and the appellant shall
thereafter be allowed five days in which to perfect and refile the notice of appeal.
2.04.115 Waiver of appeal fees.
C. Subject to the.limitations of subsection B of this section, waiver of the fee shall be
granted by the city manager if the applicant declares under penalty of perjury and the
city clerk determines that the applicant is receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental, Payments (SSP)
programs (Sections 12200 through 12205.2 of the California Welfare and Institutions
Code), or the Aid to Families. with .Dependent Children (AFDC) program (42 United
States Code 601 through 644), or the Food Stamp program (7 United 'States Code 2011
through 2027) or Section 17000 of the California Welfare and Institutions Code or the
appellant declares under penalty of perjury.that their monthly income is less than the
current monthly poverty threshold annually established by the U.S.-Community Services
Administration pursuant to Section 625 of the U.S. Economic Opportunity Act of 1964,
as amended. In order to be considered for the fee waiver, appellant must obtain from
the city manager and fully complete and submit an application for waiver of city appeal
fees. The city manager may require the appellant to furnish such financial information
as the city manager deems necessary to deem the application complete in order to
make a decision. The decision of the city manager on the fees waiver shall be final and
conclusive and there shall be no appeal to a city body or official from such decision.
D. An appellant desiring waiver of an appeal fee shall submit a fully completed
application for -waiver of city appeal fees at the same time as the appeal is filed. Said
appellant shall furnish within two working days of the city manager's request, any
additional information requested by the city manager to substantiate the waiver request.
If the information requested is not furnished within two working days, the city manager
may deny the fee .waiver request. After an appellant requests waiver of the appeal fee,
the applicable dates or time periods for hearing the appeal shall be tolled until the city
manager decides the fee waiver request.
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2.04.120 Appeals —Hearings —Notices.
Upon the timely filing of a complete notice of appeal in proper, form, along with the filing
fee, if applicable, the appeal shall be reviewed by the city manager. Unless an
adjustment of the matter is made by the city manager satisfactory to the appellant, the
city clerk shall schedule the matter promptly upon the city council agenda at a
subsequent regular meeting and shall cause notice thereof to be given the appellant not
less than five days prior to the hearing, unless the notice is waived in writing by the
appellant. Notice shall be served in accordance with Section 1.01.300 of this code. The
city clerk shall also cause a copy of the notice of appeal to be transmitted to the official
or body whose action has been appealed. (Ord. 2 § 1, 1982)
2.04.130 Appeals —Hearings.
A. The city council at the hearing may limit participation in the hearing to the directly
interested parties, or may allow participation by the public. Such public participation,
however, shall only be appropriate when the council deems it necessary and in the
public interest. If a hearing is ordered open to public participation, notice thereof shall be
given by posting notice of the hearing in accordance with city council rules of procedure
for council meetings, in accordance with state law for notice of a public hearing, if
applicable, and by such other means as the city council deems necessary.
B. At the time of consideration of the appeal by the city council the appellant shall
be limited to a presentation on the specific grounds of appeal and matters set forth in
the notice of appeal. The appellant shall have the burden of establishing cause why the
action being appealed should, be altered; reversed or modified. The council may
continue the matter from. time to time, and at the conclusion of its consideration may
affirm, reverse or modify the action being appealed and may take any action which
might have been legally taken in the first instance by the official or body from whose
action the appeal has been taken. In- ruling on the appeal the findings and action of the
council shall be final and conclusive in the matter. (Ord. 2 § 1, 1982)
Chapter 2.08 CITY MANAGER
2.08.040 Expense reimbursement.
The city manager shall be reimbursed for all actual and necessary expenses incurred by
him/her in the performance of official duties, including those incurred when traveling on
business pertaining to the city. (Ord. 2 § 1, 1982)
2.08.050 Designation of acting city manager.
The city manager, by a letter filed with the city clerk, shall designate a qualified city
administrative officer to exercise the powers and perform the duties of manager during
his/her temporary absence or disability. The city council may appoint, at any time, an
acting city manager. If the city manager position is vacant or the city manager is
removed from office in accordance with the provisions in this chapter, the city council
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shall appoint an acting or interim city manager to serve as such until the city council
appoints a permanent city manager. (Ord. 2 § 1, 1982)
2.08.060 Powers and duties.
The city manager shall be the administrative head of the government of the city under
the direction and control of the city council except as otherwise provided in this chapter.
The city manager shall be responsible for the -efficient administration of all affairs of the
city which are under his/her control. In addition to his/her general powers as
administrative head, and not as a limitation thereon, s/he shall be expected to, and shall
have the power to:
B. Appoint, remove, promote and demote any and all officers and employees of the
city except elective officers and the city attorney, subject to all applicable personnel
rules and regulations which may be adopted by the city council; or imposed by the state
or federal governments;
C. Control, order and give directions to all department heads who are subject to
his/her appointment and removal authority, and to subordinate officers and employees
of the city under his/her jurisdiction through their department heads;
D. Conduct studies and effect such organization and reorganization of offices,
positions or units under his/her direction as may be indicated in the interest of efficient,
effective and economical conduct of the city's business;
E. Recommend to the city council for adoption such measures and ordinances as
s/he deems necessary;
F. Attend all meetings of the city council unless excused therefrom by the mayor
individually or the city council as a whole, except when his/her removal is under
consideration;
H. To serve as purchasing agent, collector, tax administrator, and fee administrator
as defined by this code, or appoint an officer or employee to serve in one or more of
these capacities, and thereafter direct and supervise such activities of the city;
I. Keep the city council at all times fully advised as to the financial condition and
needs of the city;
2.08.070 Relations with council.
The city council and its members shall deal with the administrative services of the city
only through the city manager, except for the purpose of inquiry, and neither the city
council nor any member thereof shall give orders to any subordinates of the city
manager. For purposes of this section, inquiry means any and all communications short
of giving orders, directions or instructions to any member of the administrative staff.
Such members shall give all information reasonably requested by any councilmember.
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The city manager shall take his orders and instructions from the city council only when
sitting in a duly convened meeting of the city council and no individual councilman shall
give any orders or instructions to the city manager. The city council shall instruct the city
manager, in matters of policy. Any action, determination or omission of the city manager
shall be subject to review by the city council. The city council may not overrule, change
or modify any such action, determination or omission except by the affirmative vote of at
least three members of the city council. (Ord. 2 § 1, 1982)
2.08.090 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission, and any
other commission, board or committee created by the city council, upon his/her own
volition or upon direction of the city council. At such meetings which the city manager
attends, s/he shall be heard by such commissions, boards or committees as to all
matters upon which s/he wishes to address the members thereof. S/He shall inform
such members as to the status of any matter being considered by the city council, and
s/he shall cooperate to the fullest extent with members of all commissions, boards or
committees appointed by the city council. (Ord. 2 § 1, 1982)
2.08.100 Removal —Method —Notice.
The removal of the city manager shall be effected only by a majority vote of the whole
council as then constituted, convened in a regular council meeting, subject, however, to
the provisions of Sections 2.08.110 through 2.08.160. In case of his/her removal by the
city council, the city,manager shall be furnished with a written notice stating the council's
intention to remove him/her and the reason therefor at least thirty days before the
effective date of his removal. (Ord. 2 § 1, 1982)
2.08.110 Removal —Hearing.
Within seven days after the delivery to the city manager of the notice required in Section
2.08.100, s/he may, by written notification to the city clerk, request a hearing before the
city council. Thereafter, the city council shall fix a time for the hearing which shall be
held at its usual meeting place, but before the expiration of the thirty -day period, at
which the city manager shall appear and be heard, with or without counsel. (Ord. 2 § 1,
1982)
2.08.120 Removal —Suspension pending hearing.
After furnishing the city manager with written notice of intended removal, the city council
may suspend him/her from duty, but his/her compensation shall continue until the latter
of (a) the effective date of his/her removal as stated in the written notice of intention to
remove him/her, or (b) his/her removal by resolution of the council passed subsequent
to the hearing described in Section 2.08.110. (Ord. 2 § 1, 1982)
2.08.130 Removal —Council discretion.
In removing the city manager, except as provided in Section 2.08.150, the city council
shall use its uncontrolled discretion and its action shall be final and shall not depend
upon any particular showing or degree of proof at the hearing, the purpose of which is to
Ordinance No. 524
Municipal Code Title 1 & 2 Amendments
Adopted: May 5, 2015
Page 14
allow the city manager to present to the city council his/her grounds of opposition to
his/her removal prior to its action. (Ord. 2 § 1, 1982)
2.08.140 Removal —Limitation.
Notwithstanding the provisions of Sections 2.08.100 through 2.08.130, the city manager
shall not be removed from office, other than for misconduct in office, during or within a
period of ninety days next succeeding any general municipal election held in the city at
which election a member of the city council is elected. The purpose of this provision is
to allow any newly -elected member of the city council or a reorganized city council to
observe the actions and ability of the city manager in the performance of the powers
and duties of his/her office. After the expiration of the ninety -day period aforementioned,
the provisions of Sections 2.08.100 through 2.08.130 as to the removal of the city
manager shall apply and be effective. (Ord. 2 § 1, 1982)
2.08.160 Willful misconduct Determination. [spelling of "willful' changed throughout]
In the event the intended removal of the city manager is for willful misconduct in office,
written notice to the city manager as provided in Section 2.08.100 shall state that the
reason for removal is willful misconduct in office and shall state specific facts which
constitute such willful misconduct. The procedure for hearing and for suspension
pending hearing shall be followed as stated in Sections 2.08.100 through 2.08.140. A
determination of willful misconduct in office shall be evidenced by specific findings of
facts constituting such willful misconduct. The determination of what constitutes willful
misconduct shall be within the sole discretion of the city council; provided, that it shall
relate to the welfare of the city. (Ord. -2 § 1, 1982)
2.08.160 Willful misconduct —Defined...
Willful misconduct includes conduct directly related to conduct in office and/or directly
related to the duties of the office. It includes the refusal to follow the lawful directions of
the city council. It also includes conduct not directly related to the performance of official
duties of the office when such conduct has a direct and harmful effect on the welfare of
the city. Evidence of such direct and harmful effect includes, but is not limited to,
conviction of a felony. (Ord. 2 § 1, 1982)
2.08.170 -Agreement with council.
Nothing in this chapter shall be construed as a limitation on the power or authority of the
city council to enter into agreement with the city manager delineating terms and
conditions of employment. (Ord. 2 § 1, 1982)
2.08.180 Appeals to the city manager.
The city manager shall conduct a hearing when requested by any person aggrieved by
an administrative decision made by any city official before the matter may be appealed
to council.
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Municipal Code Title 1 & 2 Amendments
Adopted: May 5, 2015
Page 15
In the event no appeal is made within the time period or in the manner prescribed in this
Code, the decision of the city official shall become final and conclusive on the expiration
of the time fixed for an appeal.
2.08.190 Notice of appeal —Time limit -Contents -Fee.
A Within ten days after the issuance of an administrative decision, an appellant
may request a hearing before the city manager to present evidence on his/her behalf.
B. The notice of appeal shall be in writing and shall set forth (1) name(s) of the
person(s) filing the appeal ("appellant(s)"); (2) the specific action being appealed; (3) the
relief or action sought from the city manager; and (4) the signatures of all parties named
as appellants and their mailing address. The notice of appeal may also include any
additional information or documentation the appellant(s) wish to provide on -the matter.
The notice of appeal, or certain information contained in the notice of appeal, may be
subject to public disclosure.
C. Except in those instances where an appeal is filed by a public official in
pursuance of official duties, the written notice of appeal from the action of an
administrative official shall be accompanied by such fee as may have been established
by resolution of the city council. An applicant may request a waiver of a filing fee, which
shall be reviewed and decided upon, based on the provisions set forth in Section
2.04.115 of this code.
D. Any appeal filed that fails to provide all .of the information required by this
section, or fails to include the appropriate filing fee, or both, shall be deemed
incomplete. The city clerk shall return the incomplete appeal to the appellant with a
brief statement the reasons for the deficiency, and the appellant shall thereafter be
allowed five days in which to perfect and refile the notice of appeal.
2.08.200 Appeal initiated by the city manager.
At the discretion of the city manager, or as required in this code, the city manager may
initiate and conduct a hearing prior to the issuance of an administrative decision to
afford an applicant an opportunity to present evidence on the applicant's behalf when an
application denial, or existing permit suspension or revocation is about to be issued.
Notice shall be serviced as prescribed in Section 1.01.300 and the city manager may
include in the notice a requirement for the applicant to provide additional information or
documentation at the time of the hearing.
2.08.210 Appeals —Hearings —Notices.
Upon the timely filing of a notice of appeal in proper form, the city manager shall set the
time and place for such hearing and shall serve notice to the appellant pursuant to
Section 1.01.300 as soon as practical thereafter but in no event, shall the notice be
served less than five days prior to the date of the hearing thereon. Where applicable,
the notice shall state the grounds for the administrative decision at issue.
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Municipal Code Title 1 & 2 Amendments
Adopted: May 5, 2015
Page 16
2.08.220 Failure to Appeal.
In the event no appeal is made within the time period or in the manner prescribed in this
Code, the decision of the city manager shall become final and conclusive on the
expiration of the time fixed for an appeal.
2.08.230 Appeals to the city council.
Any person aggrieved by any decision of the city manager may appeal to the city
council pursuant to sections 2.04.100 through 2.04.130 of this code.
Chapter 2.10 CITY CLERK
2.10.030 Functions.
A. The city clerk shall have all of the powers, duties and responsibilities granted to
and imposed upon the office of the city clerk by the provisions of Chapter 2 of Part 3 of
Division 3 of Title 4 of the Government Code of the state, other general laws of the
state, the provisions of -this code, and the ordinances.and resolutions of the city council;
provided, however, pursuant to the provisions of Section 40805.5 of the Government
Code, the financial and accounting duties imposed upon the city clerk by Sections
40802 through 40805 of the Government Code shall be performed by the director of
finance.
B. The principal functions of'the city clerk shall be to:
7. Perform the duties prescribed by the California Elections Code in conducting
municipal elections;
8. Perform the duties imposed upon city clerks by the California Political Reform
Act;
9. Perform the duties imposed upon city clerks by the California Ralph M. Brown
Act;
10. Perform the duties imposed upon city clerks by the California Public Records Act;
11. Be responsible for the maintenance and distribution of the municipal code;
12. - Process all claims filed against the city and its officers, agents, or employees,
pursuant to the provisions of Chapter 1 of Part 3 of Division 3 of Title 1 of the
Government Code of the state and Chapter 3.16 of this code; and
13. Perform such other duties consistent with this code as may be required of the city
clerk, by the city manager. (Ord. 334 §§ 3-5, 1999; Ord. 196 § 2, 1991; Ord. 2 § 1,
1982)
Chapter 2.12 DIRECTOR OF FINANCE
2.12.010 Office created.
The office of the director of finance is created and established. The director of finance
shall be the chief fiscal officer and city treasurer of the city. (Ord. 2 § 1, 1982)
Ordinance No. 524
Municipal Code Title 1 & 2 Amendments
Adopted: May 5, 2015
Page 17
2.12.020 Appointment.
The city manager shall appoint the director of finance, and s/he shall serve ,at and
during the pleasure of the city manager. The director of finance shall be qualified by
sufficient technical accounting training, skill and experience to be proficient in the office
and shall show evidence of executive ability. (Ord. 2 § 1, 1982)
2.12.030 Duties.
The duties of the director of finance shall be as follows:
B. To serve as city treasurer as established pursuant to California Government
Code Section 36501;
C. To perform all financial and accounting duties imposed upon the city treasurer by
California Government Code Sections 41001 through 41007;
E. To perform all financial and accounting duties imposed upon the city clerk by
California Government Code Sections 40802 through 40805;
L. To perform .such other duties related to administrative and general services for the
municipal government and business operations as may be delegated to the director of
finance by the city manager. (Ord. 103 § 1, 1987; Ord. 2 § 1, 1982)
2.12.040 Independent audit. .
The council shall require annually an independent audit of the accounts and records of
the treasurer and department of finance. This auditor shall be selected by council and
shall be qualified as a certified public accountant. (Ord. 2 § 1, 1982)
Chapter 2.40 CONSTRUCTION BOARD OF APPEALS
2.40.050 Powers and duties.
A. Any person aggrieved by a decision of an official of the city related to any matter
within the purview of Chapter 8.01 of this code, shall have the right to appeal the
decision to the CBA.
C. The secretary of the CBA, assigned pursuant to Section 2.06.100, shall set the time
and place for a hearing on the appeal, and notice of the hearing shall be given to the
appellant in accordance with 1.01.300.
D. The decision of the CBA shall not become final until ten days after the CBA has
made its determination in order to allow time for an appeal of the CBA's decision to be
made to the city council. Any appeal to the city council shall follow procedures set forth
in sections 2.04.100 through 2.04.130 of this code. (Ord. 516 § 9, 2013)
[delete Chapter 2.44 in its entirety]
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Municipal Code Title 1 & 2 Amendments
Adopted: May 5, 2015
Page 18
Chapter 2.55 OFFICIAL HOLIDAYS
2.55.010 Official holidays.
A. Excluding those offices which must remain open for the continuation of essential
public services such as police and fire protection, the public offices of the city shall be
closed on Saturdays and Sundays, and holidays as established in the most recent
personnel policy adopted by resolution of the city council.
B. Holidays falling on Sunday will be observed on the following Monday. Holidays
failing on Saturday shall be observed on the preceding Friday unless otherwise
provided in the most recent personnel policy.
Chapter 2.65 ART IN PUBLIC PLACES
2.65.010 Intent and purpose.
A. This chapter may be known and cited as the La Quinta Art in Public .Places
Program. The city of La Quinta has developed a nationwide reputation through the
annual La Quinta Arts Festival and other artistic events, and attracts thousands of
visitors every year to view and purchase fine art and crafts in the city. The public health,
safety and welfare, the preservation and enhancement of property values and, economic
vitality, as well as the popularity and prosperity of the community, are dependent upon
and enhanced by visually pleasing and high quality public art.
B. The stated goal of the Cultural Resources Element of the general plan is to
provide enrichment of the community by adequate cultural and recreational facilities and
activities. To implement this goal, the general plan, further states that the cultural
resources of a city encompass those facilities and .programs which refresh, enhance or
recreate people's bodies and spirits. Community parks, recreational activities, historic
resources, library and museum facilities and art festivals are included in this
classification. The art in public places program is intended to achieve this purpose by
providing visual art throughout the city.
2.65.110 Art in public places fund.
E. Reimbursement. In the event fees have not been committed for a use as
specified in subsection B of this section within five years of their collection, the fees in
the art in public places fund shall be distributed by the city to the person or entity who
has paid the fees or in any other manner permitted by law. (Ord. 317 § 6, 1998; Ord.
277 § 1 (Exh. A), 1995; Ord. 173 § 1 (part), 1990)
Ordinance No. 524
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Page 19
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true, and correct copy of Ordinance No. 524 which was
introduced at a regular meeting on the 7th day of April 2015, and was adopted at a
regular meeting held on the 5th day of May 2015, not being less than 5 days after the
date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in City Council Resolution No. 2014-013.
Yv'lql� IIAA41,�
SUSAN MAYSELS, City erk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on May 7, 2015 pursuant to Council
Resolution.
SUSAN MAYSELS, City Cle
City of La Quinta, California