HomeMy WebLinkAbout22474 - RESOLUTIONS - 5/6/2009 RESOLUTION NO. 22474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA SUPPORTING
LEGISLATIVE EFFORTS BY THE SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT (AQMD) TO
OVERTURN THE STATE SUPERIOR COURT RULING
RELATIVE TO ISSUANCE OF AIR QUALITY PERMITS.
WHEREAS, the South Coast Air Quality Management District, (AQMD), is the agency
responsible for attaining state and federal clean air standards in the South Coast Air
Basin; and
WHEREAS, the Riverside County portion of the Salton Sea Desert Air Basin that
includes the Coachella Valley is under the AQMD jurisdiction under the provisions of
the Health and Safety Code Section 40413; and
WHEREAS, the AQMD, CVAG and the City of Palm Springs, have a demonstrated
history of implementing of PM10 control strategies; and collaborating on other air quality
efforts benefiting the residents of Eastern Riverside County and the Coachella Valley
communities; and
WHEREAS, CVAG and its member agencies, under the guidance of the AQMD, has
implemented and maintained a Coachella Valley State Implementation Plan (CVSIP)
addressing air quality mitigation efforts for maintenance of the federal PM-10 air quality
standard; and
WHEREAS, due to a recent State Superior Court decision, the AQMD has suspended
operations of its internal bank of emission reduction credits (ERCs) also known as
offset credits; and
WHEREAS, operation of the internal bank is needed for the AQMD to provide credits to
permit applicants from the Rule 1309.1 Priority Reserve, and for AQMD to allow permit
applicants exemptions from offset requirements specified in Rule 1304; and
WHEREAS this court action also impacts thousands of previously issued permits in
which the AQMD cannot ensure the long-term validity of permits issued on or after
August 3, 2007, or possibly on or after September 8, 2006; and
WHEREAS, without AQMD's bank of offset credits, no essential public service projects
can be permitted; no other local government and business permits can be issued;
including hospitals, schools, police stations, landfills, sewage treatment plants,
renewable energy projects; and
Resolution No. 22474
Page 2
WHEREAS, any facilities, regardless of size, are also affected including auto body
shops, service stations, printers, local government and other medium and large
businesses; and
WHEREAS, without legal remedy, the only remaining option for local government and
business is to purchase ERCs in Open Market which are extremely limited, expensive
and potentially unaffordable; and
WHEREAS, this court action impacts businesses in the City of Palm Springs; thereby
resulting in a direct severe economic impact.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby declares and resolves its support and endorses
any and all efforts of the South Coast Air Quality Management District to
resume issuing permits and overturn the State Superior Court's decision.
Section 2. The City Council further resolves its support of a legislative amendment to
add sections 21080(b)(16) and 21080(b)(17) to the Public Resources
Code relating to air pollution to be sponsored by Senator Rod Wright
representing Senate District 25 including Los Angeles, Long Beach, and
Inglewood.
ADOPTED this 6sh day of May, 2009.
ATTEST: David H, Ready, City onager
mes Thompson, City Clerk
Resolution No. 22474
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22474 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on 6th day of May, 2009, by the
following vote.-
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None,
ABSENT: None.
ABSTAIN: None.
Yoes Thompson, City Clerk
f Palm Springs, California I