HomeMy WebLinkAbout1991ORDINANCE NO. 1991
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING SECTION
11.82.070(b) OF THE PALM SPRINGS MUNICIPAL CODE
REGARDING NONCONSENSUAL TOW FEES.
City Attorneys Summary
This Ordinance amends Section 11.82.070(b) of the City's
Municipal Code in order to provide for the process of
establishing and updating nonconsensual tow fees.
WHEREAS, the City of Palm Springs has adopted Chapter 11.82 of the Palm
Springs Municipal Code in order to, among other things, ensure that nonconsensual
towing services are prompt, reasonably priced, and in the best interest of the public, as
well as the interest of efficient policing operations for the removal of vehicles from public
streets; and
WHEREAS, the City Council of the City of Palm Springs desires to provide itself,
and future City Councils, with the maximum flexibility allowed by law, in determining the
amount of the nonconsensual tow fee to be charged.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are incorporated herein by this reference as material findings in support of this
Ordinance.
SECTION 2. Amendment of Section 11.82.070(b). Subdivision (b) of Section
11.82.070 of Chapter 11.82 of Title 11 of the Palm Springs Municipal Code, is hereby
amended to read as follows:
"11.82.070 Police tow services provider agreement.
(b) The city council shall set, and may amend from time to time, the tow
fee schedule. The term of official police tow truck service agreements
shall be three years, with two one-year options.
SECTION 3. CEQA. Based upon the whole of the administrative record before it,
the City Council hereby finds that the amendment of the method of establishing
nonconsensual tow fees is exempt from environmental review under the California
Environmental Quality Act ("CEQA") (Pub. Resources Code, § 21000 et seq.) pursuant
Ordinance No. 1991
Page 2
to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections
15061(b)(3), and 15378(b)(5). Adoption of this Ordinance is an organizational and
administrative activity of the City, does not have the potential to result in either a direct or
reasonably foreseeable indirect physical change in the environment, and is therefore not
a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).)
Staff is hereby directed to prepare, execute and file with the Riverside County Clerk a
CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.
SECTION 4. Severability. If any section or provision of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of competent jurisdiction, or
contravened by reason of any preemptive legislation, the remaining sections and/or
provisions of this ordinance shall remain valid. The city council hereby declares that it
would have adopted this Ordinance, and each section or provision thereof, regardless of
the fact that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a summary of the same to be published in the official
newspaper of the City of Palm Springs within fifteen (15) days following its adoption.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF JUNE, 2019. --�
ROBERT MOON, MAYOR
ATTEST:
�,-Anthony J. M jia, M
City Clerk
Ordinance No. 1991
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1991 is a full, true, and correct copy, and introduced by the City
Council at a regular meeting held on Wednesday the 22ND day of May, 2019, and adopted
at a regular meeting of the City Council held on the 51h day of June, 2019 by the following
vote:
AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this `> day of = 2�
nthony J. N4ejia,
City Clerk