HomeMy WebLinkAbout2/7/2018 - STAFF REPORTS - 1.G. ;OF PALMSpO
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CITY COUNCIL STAFF REPORT
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DATE: February 7, 2018 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1950, AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 16.37.005, 16.37.010, 16.37.015, 16.37.025 AND
16.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
REGULATION, PERMITTING REQUIREMENTS, OPERATIONAL RULES,
PASSENGER LOADING AND UNLOADING, AND PENALTIES FOR
TRANSPORTATION NETWORK COMPANIES OPERATING AT THE
PALM SPRINGS INTERNATIONAL AIRPORT
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City Council will consider adoption of Ordinance No. 1950.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance
No. 1951, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 16.37.005, 16.37.010, 16.37.015, 16.37.025 AND 16.37.040
OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATION,
PERMITTING REQUIREMENTS, OPERATIONAL RULES, PASSENGER LOADING
AND UNLOADING, AND PENALTIES FOR TRANSPORTATION NETWORK
COMPANIES OPERATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT."
STAFF ANALYSIS:
On January 24, 2018, Ordinance No. 1950 was introduced for first reading, upon a
unanimous (5-0) vote in favor of approval by the City Council.
The Council decided to make two (2) changes to the ordinance as prepared by staff:
(A) to require that any change in the pick-up area to be used by TNCs return to the City
Council for approval, and (B) that signage posted at the airport will inform and advise
potential TNC passengers that TNC drivers are not subject to random alcohol and drug
testing.
ITEM NO. �'
QQALM S
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CITY COUNCIL STAFF REPORT
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g11FORN�
DATE: February 7, 2018 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1950, AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 16.37.005, 16.37.010, 16.37.015, 16.37.025 AND
16.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO
REGULATION, PERMITTING REQUIREMENTS, OPERATIONAL RULES,
PASSENGER LOADING AND UNLOADING, AND PENALTIES FOR
TRANSPORTATION NETWORK COMPANIES OPERATING AT THE
PALM SPRINGS INTERNATIONAL AIRPORT
FROM: David H. Ready, City Manager
BY: Edward Z. Kotkin, City Attorney
SUMMARY
The City Council will consider adoption of Ordinance No. 1950.
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance
No. 1950, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 16.37.005, 16.37.010, 16.37.015, 16.37.025 AND 16.37.040
OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATION,
PERMITTING REQUIREMENTS, OPERATIONAL RULES, PASSENGER LOADING
AND UNLOADING, AND PENALTIES FOR TRANSPORTATION NETWORK
COMPANIES OPERATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT."
STAFF ANALYSIS:
On January 24, 2018, Ordinance No. 1950 was introduced for first reading, upon a
unanimous (5-0) vote in favor of approval by the City Council.
The Council decided to make two (2) changes to the ordinance as prepared by staff:
(A) to require that any change in the pick-up area to be used by TNCs return to the City
Council for approval, and (B) that signage posted at the airport will inform and advise
potential TNC passengers that TNC drivers are not subject to random alcohol and drug
testing.
ITEM NO.
City Council Staff Report
February 7, 2018-- Page 2
TNC Ordinance
Since first reading, pursuant to the City Council's direction, the city manager has executed
a regulation, pursuant to his general regulatory authority identified in Palm Springs
Municipal Code Section 16.02.020(c) and Section 403 of the City's Charter, that identifies
the TNC pick-up area identified as "Option A" pursuant to the "old" version of Section
16.37.025(a) which will superseded by Ordinance 1950. In addition, consistent with past
Council direction, the same regulation identifies the area just south of Kirk Douglas Road
adjacent to the cell phone lot as the TNC Staging Area.
In addition, pursuant to this same regulatory authority and the priority of this matter, the
city manager has issued a regulation indicating that pending the effective date of
Ordinance 1950, the requirement of random drug and alcohol testing of TNC drivers at
the Airport or in any other location in the City, will be suspended.
Given these regulations, the City has transmitted operating permit agreement
documentation to various TNCs.
Furthermore, pursuant to his specific authority to post signage at the Airport pursuant to
Section 16.04.055(a), the City Manager has set the process in motion to provide for the
posting of the signage consistent with the provision of Ordinance 1950 that the Council
ordered on January 24, 2018.
The redline legislative draft of the text of Ordinance 1950, attached to this report as
ATTACHMENT A shows all changes to Chapter 16.37 presented by the ordinance,
including those directed by the Council upon introduction. A clean version of Ordinance
1950 as tendered for adoption is provided as ATTACHMENT B.
David H. Ready, Esq , .D., Edward Z. Kotkin,
City Manager City Attorney
Attachments:
A. Redline to Text of Ordinance 1950,
Reflecting Changes to Chapter 16.37, as Introduced
B. Ordinance 1950, as Proposed for Adoption
02
ATTACHMENT A
Chapter 16.37 TRANSPORTATION NETWORK COMPANY RULES AND
REGULATIONS
16.37.006 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 DiFeGtOF of Aviatk3n-
(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.
(d) The City Manager or his/her designee shall post signage at the Airport
indicating as follows.
ADVISORY:
Transportation Network Companies like Uber
and Lyft are regulated by the California Public
Utilities Commission, but their Drivers are not
Subject to Random Drug and Alcohol Testing
16.37.010 TNC Operating Permit.
(a) Prior to providing transportation services on the Airport, each Transportation
Network Company shall apply for and receive an approved Operating Permit
from the ' City Manager.
(b) Each Transportation Network Company shall (at its own cost and expense)
obtain from all federal, state, and/or local Agencies having jurisdiction, all
licenses, permits, consents, approvals, and authorizations that may be necessary
for the provision of services at the Airport. Such documentation shall be
produced for examination immediately upon request by the
City Manager or Operations Department personnel.
(G) F=aeh T-NG Driver shall be subjeet to random a!Gehel and dFU9 testing on a sirni
basis as dFiveFS of +tie o _neluding taxis, h + a. Each TNC
shall comply fully with all California Public Utilities Commission (CPUC)
Licensing requirements including without limitation the CPUC's TNC "zero
tolerance intoxicating substance policy," adopted in Decision 13-09-045,
Safety Requirement "d " also referenced as CPUC Rulemaking 12-12-011,
filed December 20, 2012, issued on September 23, 2013, as said
requirements and policy may be amended or replaced from time to time.
TNC Ordinance—Ordinance 1950
Legislative Draft 04
Page 1 of 4
16.37.015 Operational Rules.
(a) TNC Drivers shall not stage, wait, or park in any areas of the Airport other than
the TNC Staging Area or the TNC Pick-Up Area nor shall TNC Drivers loop
around any Airport roadway while waiting for a passenger pick-up.
(b) After discharging passengers at the Airport, each TNC Driver shall immediately
leave the Airport or return to the TNC Staging Area.
(c) TNC Drivers shall not park, stage, or stop in such a manner as to interfere with
vehicular or pedestrian traffic at or on the Airport and shall only park, stage, or
stop in areas designated by the Di City Manager.
(d) TNC Drivers shall only accept rides booked through the TNC's Mobile App.
(e) TNC Drivers shall comply with all administrative Rules and Regulations
issued by the City Manager or his/her designee pursuant to Section
16.37.005(c).
16.37.020 Driver Conduct and Appearance.
(a) TNC Drivers shall not enter the TNC Pick-up area of the Airport unless the TNC
Driver is in possession of a Waybill and shall remain in their Vehicles or in the
immediate vicinity (immediately adjacent to the Vehicle) at all times while at the
Airport.
(b) TNC Drivers shall not solicit, persuade or urge any person (by words, gestures,
or other form of communication) to use or hire any Commercial Vehicle Operator
or TNC Driver.
(c) TNC Drivers shall maintain a professional look and appearance and shall display
an identification badge (or the equivalent through a transportation network
company's digital application) which includes a photograph and the name of the
TNC Driver and the name of the TNC Driver's company at all times while offering
or providing transportation services at the Airport.
(d) TNC Drivers shall conduct themselves in a courteous and professional manner
and treat members of the traveling public with the utmost respect at all times.
(1) TNC Drivers shall not intentionally obstruct the movement of any person
or Vehicle.
TNC Ordinance—Ordinance 1950
Legislative Draft 05
Page 2 of 4
(2) TNC Drivers shall not use offensive, abusive, or obscene language,
gestures, or other forms of communication while at or on the Airport.
(3) TNC Drivers shall be fully familiar with the provisions of the Passenger Bill
of Rights and shall fully abide by the terms and requirements of the
Passenger Bill of Rights, except provisions regarding receipts, taximeters,
and individual driver's permits shall not be applicable to TNC Drivers.
16.37.025 Passenger Loading and Unloading.
(a) TNG DFiverc shall only n'aL up passengers for hire at the area_desrFdhe'd as
a mmerdia+ely adjasen+ +a vender and aen+ma+pr paFkirnn TNC Drivers shall only
pick up passengers for hire in a location or area identified and designated
as a TNC Pick-up Area in to accordance with a Rule or Regulation issued
by the City Manager or his/her designee pursuant to Section 16.37.005(c).
(b) Any administrative Rule and Regulation changing the location of the TNC
Pick-up Area shall only be effective upon City Council approval.
(c) All TNC Driver vehicles shall be kept in good operating condition. The exterior of
each vehicle shall be clean with a clear and visible Trade Dress. The vehicle
interior and trunk area shall be neat and clean.
(d) Each TNC Driver's vehicle operated at the Airport shall be subject to inspection
by the ity Manager or Operations Department personnel at
any time to determine compliance with these Rules and Regulations. Failure to
pass any portion of the inspection may result in the TNC Driver being prohibited
from picking up and/or dropping off passengers at the Airport until the
discrepancies have been corrected to the satisfaction of the Direct+gr of n„ia+iap
City Manager or Operations Department personnel.
16.37.036 TNC Drivers on the AOA.
TNC Drivers shall not operate within or on any Restricted Areas of the Airport.
16.37.040 Penalties.
The penalties for TNC Drivers who are determined by the Diree+er of Avia+ipn
City Manager to be in violation of these Rules and Regulations follow:
(a) Unsafe Vehicle. The City Manager or his/her designee shall suspend the
privileges, including without limitation the right to pick up or discharge
passengers at the Airport, of any TNC Driver contacted by the City Manager
TNC Ordinance—Ordinance 1950
Legislative Draft
Page 3 of 4
or his/her designee, and determined to be driving a vehicle not in good
operatina condition. (1) Suspencien of privileges pending cempliance
(b) Minor violations. (inGluding, but not limited to, pieking up pa
, nautherized areas, the TNG Driver net remaining in er adjacent to the TNG
, ,
Code.and 19iteFing in the AiFpeFt Terminal Building) shall be
subjeGt to administrative citation puFsuant to GhapteF 1.06 of this Minor
violations, including but not limited to violations of Section 16.37.O20(a),
Section 16.37.02O(b), and Section 16.37.025(a), shall be subject to issuance
of an administrative citation pursuant to Chapter 1.06 of this Code.
(c) Major violations. Manor Violations, (including, but not limited to, attempt to
inducing or attempting to induce another to violate any provision of this
Chapter or any of the aernmit an illegal aet OF vielatiGR ef these Rules and
Regulations, failure to obey a lawful order of the City
Manager or his/her designee,_or Operations Department pereennel Offensive
failure to comply with the applirable PFOvisiens of the
' '„nPrefessienal)
any violation of Section 16.37.020(d), or failure to comply
with the applicable provisions of the Passenger Bill of Rights, shall be
subject to issuance of an administrative citations pursuant to Chapter 1.06 of
this Code, except that the amount of any fine thereof shall be two (2) times the
amount specified in Section 1.06.040 of this Code.
(d) Violations of State Law. Any violation by a TNC Driver at the Airport of a
provision of State law codified in the California Penal Code or the California
Vehicle Code, and subject to enforcement by the Police Department, which
violation represents a clear and present danger to the health, safety and
welfare of persons at the Airport, including without limitation, any crime
involvina any degree of physical violence, reckless driving in violation of
CVC 23103, reckless driving involving alcohol or druas in violation of CVC
23103.5. driving under the influence of alcohol and/or drugs in violation of
CVC 23152 or 23153, shall be punishable, in addition to any penalty, fine, or
punishment authorized or allowed under any law, by an administrative
citation with a penalty of permanent revocation of the privileges, including
without limitation the right to pick up or discharge passengers at the
Airport, of any TNC Driver. Reckless dFiying conviction of any criminal ant
eemmotted at OF OR the AiFPeFt, and driving under the influenGe of alGohel andief
dr„gt. shall include permanent revocation eF Airport nick „p Privileges in addition
to any penalty, fine, oF punishment authorized or allowed uRdeF any law.
TNC Ordinance—Ordinance 1950
Legislative Draft 0 7
Page 4 of 4
ATTACHMENT B
08
ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 16.37.005, 16.37.010,
16.37.015, 16.37.025 AND 16.37.040 OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO REGULATION,
PERMITTING REQUIREMENTS, OPERATIONAL RULES,
PASSENGER LOADING AND UNLOADING, AND
PENALTIES FOR TRANSPORTATION NETWORK
COMPANIES OPERATING AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
City Attorney's Summary
This Ordinance amends Chapter 16.37 of the City's Municipal
Code relating to regulation, permitting requirements, operational
rules, passenger loading and unloading, and penalties for
Transportation Network Companies operating at the Palm
Springs International Airport.
The City Council of the City of Palm Springs ordains:
SECTION 1. Title 16, Chapter 16.37, Section 16.37.005 of the Palm Springs
Municipal Code (PSMC), "Regulatory Measures," is hereby amended by the addition
of a new subdivision (c) to read as follows:
(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 2. Title 16, Chapter 16.37, Section 16.37.005 of the Palm Springs
Municipal Code (PSMC), "Regulatory Measures," is hereby amended by the addition
of a new subdivision (d) to read as follows:
(d) The City Manager or his/her designee shall post signage at the Airport
indicating as follows:
ADVISORY:
Transportation Network Companies like Uber
and Lyft are regulated by the California Public
Utilities Commission but their Drivers are not
Subject to Random Drug and Alcohol Testing
I 09
Ordinance No. 1950
Page 2
SECTION 3. Title 16, Chapter 16.37, Section 16.37.010 of the Palm Springs
Municipal Code (PSMC), "TNC Operating Permit," is hereby amended by the
replacement of subdivision (c) in its entirety, striking the existing language, and to read
as follows:
(c) Each TNC shall comply fully with all California Public Utilities Commission
(CPUC) Licensing requirements, including without limitation the CPUC's TNC "zero
tolerance intoxicating substance policy," adopted in Decision 13-09-045, Safety
Requirement "d," also referenced as CPUC Rulemaking 12-12-011, filed December
20, 2012, issued on September 23, 2013, as said requirements and policy may be
amended or replaced from time to time.
SECTION 4. Title 16, Chapter 16.37, Section 16.37.015 of the Palm Springs
Municipal Code (PSMC), "Operational Rules," is hereby amended by the addition of a
new subdivision (e) to read as follows:
(e) TNC Drivers shall comply with all administrative Rules and Regulations issued
by the City Manager or his/her designee pursuant to Section 16.37.005(c).
SECTION 5. Title 16, Chapter 16.37, Section 16.37.025 of the Palm Springs
Municipal Code (PSMC), "Passenger Loading and Unloading," is hereby amended by
the replacement of subdivision (a) in its entirety, striking the existing language, and to
read as follows:
(a) TNC Drivers shall only pick up passengers for hire in a location or area
identified and designated as a TNC Pick-up Area in to accordance with a Rule or
Regulation issued by the City Manager or his/her designee pursuant to Section
16.37.005(c).
SECTION 6. Title 16, Chapter 16.37, Section 16.37.025 of the Palm Springs
Municipal Code (PSMC), "Passenger Loading and Unloading," is hereby amended by
the insertion of a new subdivision (b) to read as follows:
(b) Any administrative Rule and Regulation changing the location of the TNC Pick-
up Area shall only be effective upon City Council approval.
SECTION 7. Title 16, Chapter 16.37, Section 16.37.040 of the Palm Springs
Municipal Code (PSMC), "Penalties," is hereby amended in its entirety, striking the
existing language, and to read as follows:
The penalties for TNC Drivers determined by the City Manager or his/her designee to
be in violation of this Chapter or of any Rules and Regulations shall be as follows:
(a) Unsafe Vehicle. The City Manager or his/her designee shall suspend the
privileges, including without limitation the right to pick up or discharge passengers at
2 10
2.1.18
Ordinance No. 1950
Page 3
the Airport, of any TNC Driver contacted by the City Manager or his/her designee, and
determined to be driving a vehicle not in good operating condition.
(b) Minor Violations. Minor violations, including but not limited to violations of
Section 16.37.020(a), Section 16.37.020(b), and Section 16.37.025(a), shall be
subject to issuance of an administrative citation pursuant to Chapter 1.06 of this Code.
(c) Major Violations. Major violations, including, but not limited to inducing or
attempting to induce another to violate any provision of this Chapter or any of the
Rules and Regulations, failure to obey a lawful order of the City Manager or his/her
designee, any violation of Section 16.37.020(d), failure to comply with the applicable
provisions of the Passenger Bill of Rights, shall be subject to issuance of an
administrative citations pursuant to Chapter 1.06 of this Code, except that the amount
of any fine thereof shall be two (2) times the amount specified in Section 1.06.040 of
this Code.
(d) Violations of State Law. Any violation by a TNC Driver at the Airport of a
provision of State law codified in the California Penal Code or the California Vehicle
Code, and subject to enforcement by the Police Department, which violation
represents a clear and present danger to the health, safety and welfare of persons at
the Airport, including without limitation, any crime involving any degree of physical
violence, reckless driving in violation of CVC 23103, reckless driving involving alcohol
or drugs in violation of CVC 23103.5, driving under the influence of alcohol and/or
drugs in violation of CVC 23152 or 23153, shall be punishable, in addition to any
penalty, fine, or punishment authorized or allowed under any law, by an administrative
citation with a penalty of permanent revocation of the privileges, including without
limitation the right to pick up or discharge passengers at the Airport, of any TNC
Driver.
SECTION 8. 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 9. Neither introduction nor adoption of this Ordinance represents a "project'
for purposes of the California Environmental Quality Act (CEQA), as that term is
defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect
physical change in the environment, per section 15378(b)(5) of the Guidelines.
31
2 1.18
Ordinance No. 1950
Page 4
SECTION 10. 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.
PASSED AND ADOPTED THIS DAY OF 12018.
AYES:
NOES:
ABSTAIN:
ABSENT:
Robert Moon, Mayor
ATTEST:
Anthony J. Mejia, MMC, City Clerk
APPROVED AS TO FORM:
Edward Z. Kotkin, City Attorney
4 12
2.1.18
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: February 16, 2018
Subject: Ordinance 1950
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was published in the Desert Sun on
February 16, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia . Berardi, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before February 13, 2018.
1 declare under penalty of perjury that the foregoing is true and correct.
�V�
Cynthia A. Berardi, CMC
Chief Deputy City Clerk
750 N Gene Autry Trail
medagPOup Palm Springs,CA 92262
Tel:760-7784578/Fax-760-778-4731
ronaroaHfuumearmsiwaw Email:IegalsQthedeseAsun.com
PROOF OF
2016 FEB 28 AMIJC 9014
STAT&OF=CALIFORNIA SS,
COUNTY OF RIVERSIDE I ��
ORDINANCE NO.1950 -
AN ORDINANCB OF THE CITY OF PALM SPRINGS, CALIFORNIA. AMENDING
SECIIOHS 1637.00% 16.37.0f0, 1637.015, 16.37.025 AND 16.37.040 OF THE
�+lppN MUNICIPAL CODE, RELATING TO REGULATION, PERMITTING
CITY OF PALM SPRINGSILEGALS OOPPEEIRfAATIONAL RULES5,, PASSENGER LOADING AND
IINLOAORtO, AND PENALTIE5 FOR 7RANSPORTATON NETWORK COMPANIES
PO BOX 2743 -- OPERATWG AT THE PALMdPRINGS INTERNATIONAL AIRPORT.
aCpltY At6DMWS Sum�mtayry Municipal CodIto
PALM SPRINGS CA 92263 This[I[eg O�"am'° rpgfalremmeirKy7op�efraN°Wrol pp�aonn�r 0M�pp aif0
urdaNdfnBitten.e�rM peN r TrangMrtwdm Network CbnpankF"WA R19'at
the Palm SpringrintamaUonat Airport.
Ip CERTIFICATION
OF C AOIlN1Y OF RR�DB. a
I am over the age of 18 years old,a citizen of the CITY OF PALM SPRINGS -.r
United States and not a party to,or have interest in I,AUR40NY i.MEIIA,'Chy Clerk of the,CRY cf,Pelm Springs, GffiNamla, do
here certify than Ordinance No. 19SO a 9 full,true, and correct OW- amd
this matter. I hereb certi that the attached hwcdana�the City Council at a,regular meeting hold on Wednesday the
�' 20Tf1 day January 201% and adopted at a regular meeting of.the CRY
advertisement appeared in said newspaper(set in Council hek on the 7th day of Fetuuary,2016,trythe following wte:
AYES; Councilmembers Holstege,KOrs,M}Iddletom Mayor Pro Tem Roberts„
type not smaller than non pariel) in each and entire and Mayor Moon
NOES: None
issue of said newspaper and not in any supplement ABSENT: Ncmt
ABSTAIN: None
thereof on the following dates,to wit: IN WITNESS WHEREOF,I haw hereunto set myy hand and affixed the official seal
of the
1MEHA,hhye Clty of Palm Springs,California,this 12th day of February,201&
A.ANT Berardi for
02/l6/18 CityCled PaMrh.A:vluls
I acknowledge that I am a principal clerk of the
printer of The Desert Sun,printed and published
weekly in the City of Palm Springs,County of
Riverside, State of California. The Desert Sun was
adjudicated a Newspaper of general circulation on
March 24, 1988 by the Superior Court of the
County of Riverside, State of California Case No.
191236.
1 declare under penalty of perjury that the foregoing
is true and correct. Executed on this 16th of
February 2018 in Palm Springs,California.
DECLARANT
Ad#:0002733839
P 0:2733839
#of Affidavits:1
ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 16.37.005, 16.37.010,
16.37.015, 16.37.025 AND 16.37.040 OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO REGULATION, PERMITTING
REQUIREMENTS, OPERATIONAL RULES, PASSENGER
LOADING AND UNLOADING, AND PENALTIES FOR
TRANSPORTATION NETWORK COMPANIES OPERATING AT
THE PALM SPRINGS INTERNATIONAL AIRPORT.
City Attorney's Summary
This Ordinance amends Chapter 16.37 of the City's Municipal Code relating
to regulation, permitting requirements, operational rules, passenger loading
and unloading, and penalties for Transportation Network Companies
operating at the Palm Springs International Airport.
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. 1950 is a full, true, and correct copy, and introduced
by the City Council at a regular meeting held on Wednesday the 24TH day of
January, P 9 9 2018, and adopted at a regular meeting of the City Council held on the 7
th
day of February, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts,
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 /off h! day of ita
N'IhM.Iq• !��•
ANTHONY J. MEJIA, MMC
City Clerk
ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 16.37.005, 16.37.010,
16.37.015, 16.37.025 AND 16.37.040 OF THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO REGULATION, PERMITTING
REQUIREMENTS, OPERATIONAL RULES, PASSENGER
LOADING AND UNLOADING, AND PENALTIES FOR
TRANSPORTATION NETWORK COMPANIES OPERATING AT
THE PALM SPRINGS INTERNATIONAL AIRPORT.
CityAttorney's Summary
This Ordinance amends Chapter 16.37 of the City's Municipal Code relating
to regulation, permitting requirements, operational rules, passenger loading
and unloading, and penalties for Transportation Network Companies
operating at the Palm Springs International Airport.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Title 16, Chapter 16.37, Section 16.37.005 of the Palm Springs
Municipal Code (PSMC), "Regulatory Measures," is hereby amended by the addition
of a new subdivision (c)to read as follows:
(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 2. Title 16, Chapter 16.37, Section 16.37.005 of the Palm Springs
Municipal Cade (PSMC), "Regulatory Measures,' is hereby amended by the addition
of a new subdivision (d)to read as follows:
(d) The City Manager or his/her designee shall post signage at the Airport
indicating as follows:
ADVISORY:
Transportation Network Companies like Uber
and Lyft are regulated by the California Public
Utilities Commission but their Drivers are not
Subject to Random Drug and Alcohol Testing
SECTION 3. Title 16, Chapter 16.37, Section 16.37.010 of the Palm Springs
Municipal Code (PSMC), "TNC Operating Permit," is hereby amended by the
replacement of subdivision (c)in its entirety, striking the existing language, and to read
as follows:
Ordinance No. 1950
Page 2
(c) Each TNC shall comply fully with all California Public Utilities Commission
(CPUC) Licensing requirements, including without limitation the CPUC's TNC "zero
tolerance intoxicating substance policy," adopted in Decision 13-09-045, Safety
Requirement "d," also referenced as CPUC Rulemaking 12-12-011, filed December
20, 2012, issuecron September 23, 2013, as said requirements and policy may be
amended or replaced from time to time.
SECTION 4. Title 16, Chapter 16.37, Section 16,37.015 of the Palm Springs
Municipal Code (PSMC), "Operational Rules," Is hereby amended by the addition of a
new subdivision (a) to read as follows:
(e) TNC Drivers shall comply with all administrative Rules and Regulations issued
by the City Manager or his/her designee pursuant to Section 16.37.005(c).
SECTION 5. Title 16, Chapter 16.37, Section 16.37.025 of the Palm Springs
Municipal Code (PSMC), "Passenger Loading and Unloading," is hereby amended by
the replacement of subdivision (a) in its entirety, striking the existing language, and to
read as follows:
(a) TNC Drivers shall only pick up passengers for hire in a location or area
identified and designated as a TNC Pick-up Area in to accordance with a Rule or
Regulation issued by the City Manager or his/her designee pursuant to Section
16.37.005(c). Notice unlike taxis and limo drivers, ridesharing drivers are not subject
to drug and alcohol testing.
SECTION 6. Title 16, Chapter 16.37, Section 16.37.025 of the Palm Springs
Municipal Code (PSMC), "Passenger Loading and Unloading," is hereby amended by
the insertion of a new subdivision (b)to read as follows:
(b) Any administrative Rule and Regulation changing the location of the TNC Pick-
up Area shall only be effective upon City Council approval.
SECTION 7. Title 16, Chapter 16.37, Section 16.37.040 of the Palm Springs
Municipal Code (PSMC), "Penalties," is hereby amended in its entirety, striking the
existing language, and to read as follows:
The penalties for TNC Drivers determined by the City Manager or his/her designee to
be in violation of this Chapter or of any Rules and Regulations shall be as follows:
(a) Unsafe Vehicle. The City Manager or his/her designee shall suspend the
privileges, including without limitation the right to pick up or discharge passengers at
the Airport, of any TNC Driver contacted by the City Manager or his/her designee, and
determined to be driving a vehicle not in good operating condition.
Ordinance No. 1950
Page 3
(b) Minor Violations. Minor violations, including but not limited to violations of
Section 16.37.020(a), Section 16.37.020(b), and Section 16.37.025(a), shall be
subject to issuance of an administrative citation pursuant to Chapter 1.06 of this Code.
(c) Maor Violations. Major violations, including, but not limited to inducing or
attempting to induce another to violate any provision of this Chapter or any of the
Rules and Regulations, failure to obey a lawful order of the City Manager or his/her
designee, any violation of Section 16.37.020(d), failure to comply with the applicable
provisions of the Passenger Bill of Rights, shall be subject to issuance of an
administrative citations pursuant to Chapter 1.06 of this Code, except that the amount
of any fine thereof shall be two (2) times the amount specified in Section 1.06.040 of
this Code.
(d) Violations of State Law. Any violation by a TNC Driver at the Airport of a
provision of State law codified in the California Penal Code or the California Vehicle
Code, and subject to enforcement by the Police Department, which violation
represents a clear and present danger to the health, safety and welfare of persons at
the Airport, including without limitation, any crime involving any degree of physical
violence, reckless driving in violation of CVC 23103, reckless driving involving alcohol
or drugs in violation of CVC 23103.5, driving under the influence of alcohol and/or
drugs in violation of CVC 23152 or 23153, shall be punishable, in addition to any
penalty, fine, or punishment authorized or allowed under any law, by an administrative
citation with a penalty of permanent revocation of the privileges, including without
limitation the right to pick up or discharge passengers at the Airport, of any TNC
Driver.
SECTION 8. 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 9. Neither introduction nor adoption of this Ordinance represents a
"project°for purposes of the California Environmental Quality Act(CEQA), as that term
is defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is
an organizational or administrative activity that will not result in a direct or indirect
physical change in the environment, per section 15378(b)(5)of the Guidelines.
SECTION 10. 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.
Ordinance No, 1950
Page 4
PASSED, APPROVED AND AND ADOPTED THIS 7TH DAY OF
FEBRUARY, 2018.
ROBERT MOON, MAYOR
ATTEST:
JTHON
Y C
City Clerk
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. 1950 is a full, true, and correct copy, and introduced
by the City Council at a regular meeting held on Wednesday the 247" day of
January, 2018, and adopted at a regular meeting of the City Council held on the 7ei
day of February, 2018, by the following vote:
AYES: Counciimembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts,
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 �w� day of _J'eby );z,�
kliff
HONYJ MMC
City Clerk