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HomeMy WebLinkAbout2096ORDINANCE NO. 2096 ' AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.37.005 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIGNAGE REGARDING REGULATORY MEASURES APPLICABLE TO TRANSPORTATION NETWORK COMPANIES City Attorney's Summary This Ordinance revises Section 16.37.005 of the Palm Springs Municipal Code to remove a signage requirement outlining regulations of Transportation Network Companies such as Lyft and Uber. WHEREAS,.the City of Palm Springs is a charter city, organized pursuant to Article XI of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter; and such police powers include, without limitation, the ability to adopt regulations pertaining generally to the protection and promotion of the public health, safety, and welfare; and WHEREAS, Chapter 16.37 of the Palm Springs 'Municipal Code ("PSMC") ' outlines rules and regulations regarding the operation of Transportation Network Companies at the Palm Springs International Airport ("Airport"); and WHEREAS, Section 16.37.005(d) of the PSMC requires certain signage to be posted on the Airport related to the operation of Transportation Network Companies; and WHEREAS, Airport staff desires to remove this signage from the Airport; and WHEREAS, the PSMC is required to be amended to allow this signage to be removed from the Airport; and WHEREAS, the purpose of this Ordinance is to remove this signage requirement from the PSMC; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The City Council finds that all the facts, ' findings, and conclusions set forth above in this Ordinance are true and correct. Ordinance No. 2096 Page 2 SECTION 2. Amendment of PSMC Section 16.37.005. Section 16.37.005 is hereby amended to read as follows: ' 16.37.005 Regulatory Measures. (a) Each Transportation Network Company and its TNC Drivers operating on the Airport shall comply fully with all applicable state laws, this Title, and instructions issued by the Director of Aviation. (b) Enforcement of traffic laws shall be the responsibility of the Agency having jurisdiction. (c) The City Manager or his/her designee shall have the authority to issue such administrative Rules and Regulations as may prove necessary and appropriate to implement the purpose of this Chapter, i.e., provision for the safe and efficient operation of transportation network companies at the Airport." SECTION 3. CEQA. The City Council determines that the adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the following provisions of the CEQA Guidelines, 14 California Code of Regulations, Chapter 3: the Ordinance is exempt under CEQA Guidelines Section 15378(b)(5) in that it is not a "project' under CEQA, and is an organization or administrative activity of the City that will not result in direct or indirect physical changes in the environment. SECTION 4. Adoption, Certification, and Publication. The City Clerk of the City of ' Palm Springs shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. This Ordinance shall take effect 30 days after its adoption. SECTION 5. Severability. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable. Ordinance No. 2096 Page 3 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY ' COUNCIL THIS 25TH DAY OF APRIL, 2024. F BERNSTEIN AYO IR ATTEST: BREND PRE CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, Brenda Pree, City Clerk of the City of Palm Springs, California, do hereby ' certify that Ordinance No. 2096 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on April 11, 2024, and adopted at a regular meeting of the City Council held on April 25, 2024, by the following vote: AYES: Councilmembers Garner, Holstege, and Middleton; Mayor Pro Tern deHarte, Mayor Bernstein NOES: None RECUSED: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto s t my hand and affixed the official seal of the City of Palm Springs, California, this ay of May 2024. Al 0 BREN A R E, MMC, CERA CITY CLERK