The URL can be used to link to this page

Home My WebLink About4/5/2017 - STAFF REPORTS - 1.D. lip ALM$,$ A. iy W Y N a • • ° •�° °` City Council Staff Report OR DATE:DATE: April 15, 2017 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1920, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY. FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1920. RECOMMENDATION: Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 1920, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY." STAFF ANALYSIS: On March 15, 2017, Ordinance No. 1920 was introduced for first reading, as noted below: ACTION: 1) Waive reading of the full text in its entirety, read by title only, and introduce for first reading Ordinance No. 1920, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY." Motion by Councilmember Kors, seconded by Councilmember Roberts, and carried (4-1-0) on a roll call vote. AYES: Councilmember Kors, Councilmember Mills, Councilmember Roberts, and Mayor Pro Tern Foat NOES: Mayor Moon n EM NO. ADOPTION OF ORDINANCE NO. 1920 April 5, 2017 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. Kathleen D.Hart, MMC David H. Ready, Esq., . Interim City Clerk City Manager /cab Attachment: Ordinance No. 1920 02 ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.04.100 TO, AND AMENDING SECTIONS 2.45.005, 2.45.010, AND SECTION 7.010.040 OF, THE PALM SPRINGS MUNICIPAL CODE REAFFIRMING THE CITY'S PROHIBITION OF DISCRIMINATION IN THE CITY. City Attorney's Summary This Ordinance essentially ratifies and reaffirms existing non- discrimination policies, practices, and procedures of the City. A separate provision of this Ordinance codifies these practices in Chapter 2.04 of the Palm Springs Municipal Code, and includes the general requirement that City officials and employees will treat others employees equally and fairly and will not engage in discrimination against anyone because of their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. This Ordinance also includes an express prohibition on the City requiring individuals to provide information regarding their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal of State taw. This Ordinance also includes an express prohibition on the City profiling individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The Ordinance also provides a definition of'national origin"as used in various provisions of the Code. The City Council of the City of Palm Springs ordains: SECTION 1. Section 2.04.100 is added to the Palm Springs Municipal Code to read: 2.04.100 Policy Against Discrimination (a) It is the policy of the City Council that all persons in the City have the right and the opportunity to be free from all forms of discrimination as defined in Chapters 2.45 and 7.01 of this Code. (b) City officials, employees, and contractors shall not discriminate against other officials, employees, contractors, and the general public or engage in discrimination 03 Ordinance No. 1920 Page 2 because of actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. (c) The City and its employees, officials, agents, and contractors shall not require any individual to provide information regarding his or her actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class unless otherwise authorized under Federal or State Law. (d) The City and its employees, officials, and agents shall not profile individuals based on their actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. SECTION 2. Section 2.45.005 of the Palm Springs Municipal Code is amended to read: 2.45.005 Public Policy It is declared as the public policy of the City that it is necessary and appropriate to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination as that term is defined in this Chapter. SECTION 3. Section 2.45.010 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 4. Section 7.010.040 of the Palm Springs Municipal Code is amended by adding the following definition: "National Origin" shall mean place of origin, immigration status, cultural or linguistic characteristics, or ethnicity. SECTION 5. The City Council finds and declares the existing laws, policy, and practices of the City generally requires City officials and employees to treat each other P tY 9 Y q Y and the general public equally, fairly, and with respect in the conduct of the City's business. The City Council specifically finds that this Ordinance reaffirms and ratifies the existing laws, policy, and practices of the City and does not contain or impose any new requirements. SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. 04 Ordinance No. 1920 Page 3 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 15T" DAY OF MARCH, 2017. ROBERT MOON, MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1920 is a full, true and correct cop and was introduced at a regular meeting of the Palm Springs City Council on the 15 day of March, 2017, and adopted at a regular meeting of the City Council held on the 5th day of April, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN D. HART, MMC INTERIM CITY CLERK 05 Terri Milton From: Paul Zak <paulinps@icloud.com> Sent: Tuesday, April 04, 2017 1:59 PM To: CityClerk Subject: Non-Discrimination Ordinance Mayor Moon and City Council Members: cannot be at tomorrow's Council meeting, so I am writing in support of Geoff Kors' proposed non-discrimination ordinance. I hope the vote tomorrow night will be unanimously in favor. We are living in a time of serious societal divisions with a President who has sown fear and discord in our country. He continues to turn "us" into "them." This is the antithesis of who we are as Americans. Palm Springs has worked very hard over many years to be a tolerant, accepting, and welcoming place. Passing this ordinance will publicly declare that no one should be discriminated against or have to live hidden and in fear here. It is important for us to go on record that we embrace our diversity and that no one should fear for their safety or suffer a loss of dignity by being in the public arena. Please vote "yes" on this non-discrimination ordinance. Thank you. Sincerely, Paul Zak 2177 Paseo Roseta Palm Springs, CA 92262 paulinps@icloud.com Sent from my iPhone Terri Milton From: John Marksbury <marksburyhome@comcast.net> Sent: Wednesday, April 05, 2017 8:41 AM To: Geoff Kors;Terri Milton Subject: Non-discrimination Ordinance TO: Members of the Mayor and Members of the City Council, City of Palm Springs FROM: John C. Marksbury DATE: April 4, 20017 RE: Non-discrimination Ordinance I strongly urge passage of the Non-Discrimination Ordinance proposed by Councilman Kors. Any additional actions that can be taken by the City of Palm Springs to permit non-cooperation with federal officials who are intent upon deporting immigrants residing in the City of Palm Springs would be another tool to use against a morally indefensible and unconscionable attack on our fellow human beings, many of whom have already spent several years as productive and otherwise law abiding members of our community. I just received the following message from Father Guy, Pastor of Our Lady of Soledad, in our neighboring town of Coachella, which broke my heart. It reads: John, I hope you are doing well.Fr. Howard Lincoln and I have not been able to plan for future Lenten food programs. Right now we have had to mobilize our Churches around immigration issues.Immigration agents who have been coming into our communities and detaining undocumented who have no criminal record. This is an issue that we have to focus on presently. Please enjoy some more good weather before traveling to the East.Fr. Guy Thank you for reading this into the record. Yours, John Marksbury 600 Sierra Way Palm Springs, CA 92264 857-472-0034 marksburyhomeAcomcast.net r