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Home My WebLink About7/26/2017 - STAFF REPORTS - 1.F. �VALM$a iy 0 V N s° City Council Staff Report FORN�P DATE: July 26, 2017 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1932 ADDING AND AMENDING REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS AND ALTERNATIVELY ALSO PROHIBITING ELECTRICAL OR BATTERY POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019 FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1932. RECOMMENDATION: Waive the second reading of the ordinance text in its entirety and adopt Ordinance NO. 1932, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS" STAFF ANALYSIS: On July 19, 2017, Ordinance No. 1932 was introduced for first reading, as noted below: INTRODUCTION OF AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS AND ALTERNATIVELY ALSO PROHIBITING ELECTRICAL OR BATTERY POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019: Item No. . ADOPTION OF ORDINANCE NO. 1932 July 26, 2017 Page 2 of 2 ACTION: Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance No. 1932, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS" with one amendment as shown below: SECTION 3. Add Section 5.78.050 to Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The City Manager, or his/her designee is hereby authorized and directed to adopt guidelines for the proper use of electrical or battery powered leaf blowers, which guidelines shall prohibit blowing debris onto adjacent properties or into adjacent streets, and promote the safe and efficient use of leaf blowers while also mitigating, to the extent possible, the noise and nuisance effects of Leaf blowers. The Finance Department is hereby directed to provide a copy of this Ordinance and the leaf blower guidelines to each person obtaining a City business license for the operating of a gardening or landscape maintenance service or business within the City. On Motion by Mayor Pro Tern Foat, seconded by Councilmember Kors, and carried by a majority (3-2-0 Mills and Moon voting NO) roll call vote. AYES: Councilmember Kors, Councilmember Roberts, and Mayor Pro Tern Foat NOES: Councilmember Mills and Mayor Moon ABSENT: None 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, E D. Interim City Clerk City Manager Attachments: Ordinance No. 1932 - 02 ADOPTION OF ORDINANCE NO. 1932 July 26, 2017 Page 2 of 2 ACTION: Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance No. 1932, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS" with one amendment as shown below: SECTION 3. Add Section 5.78.050 to Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The City Manager, or his/her designee is hereby authorized and directed to adopt guidelines for the proper use of electrical or battery powered leaf blowers, which guidelines shall prohibit blowing debris onto adjacent properties or into adjacent streets, and promote the safe and efficient use of leaf blowers while also mitigating, to the extent possible, the noise and nuisance effects of Leaf blowers. The Finance Department is hereby directed to provide a copy of this Ordinance and the leaf blower guidelines to each person obtaining a City business license for the operating of a gardening or landscape maintenance service or business within the City. On Motion by Mayor Pro Tern Foat, seconded by Councilmember Kors, and carried by a majority (3-2-0 Mills and Moon voting NO) roll call vote. AYES: Councilmember Kors, Councilmember Roberts, and Mayor Pro Tern Foat NOES: Councilmember Mills and Mayor Moon ABSENT: None 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, E D. Interim City Clerk City Manager Attachments: Ordinance No. 1932 02 ADOPTION OF ORDINANCE NO. 1932 July 26, 2017 Page 2 of 2 ACTION: Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance No. 1932, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS' with one amendment as shown below: SECTION 3. Add Section 5.78.050 to Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read. The City Manager, or his/her designee is hereby authorized and directed to adopt guidelines for the proper use of electrical or battery powered leaf blowers, which guidelines shall prohibit blowing debris onto adjacent properties or into adjacent streets, and promote the safe and efficient use of leaf blowers while also mitigating, to the extent possible, the noise and nuisance effects of Leaf blowers. The Finance Department is hereby directed to provide a copy of this Ordinance and the leaf blower guidelines to each person obtaining a City business license for the operating of a gardening or landscape maintenance service or business within the City. On Motion by Mayor Pro Tern Foat, seconded by Councilmember Kors, and carried by a majority (3-2-0 Mills and Moon voting NO) roll call vote. AYES: Councilmember Kors, Councilmember Roberts, and Mayor Pro Tern Foat NOES: Councilmember Mills and Mayor Moon ABSENT: None 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, E D. Interim City Clerk City Manager Attachments: Ordinance No. 1932 0 G ORDINANCE No. 1932 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 11 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS. City Attorney Summary This Ordinance prohibits the use of gasoline powered leaf blowers in the City commencing on January 1, 2019, and provides for the regulation of electrical or battery powered leaf blowers. The City Council of the City of Palm Springs Ordains: SECTION 1. The City Council hereby makes the following factual findings: (i) as of the date of this Ordinance's adoption, there is no technology or practice that will prevent gasoline powered leaf blowers from constituting a "noise disturbance" as that term is defined under the Palm Springs Municipal Code, and (h) to mitigate potentially undesirable logistic impacts of this Ordinance, and accomplish the gradual acceptance of the requirements of this Ordinance by all parties as desired by the Council, the City should issue warnings as to violations after this Ordinance's effective date, but should issue no citation for any violation hereof until 12:01 am on April 1, 2019. SECTION 2. Add Subdivision (k) to Section 11.74.043 to Chapter 11 .74 of the Palm Springs Municipal Code, re "Loud, Unusual Noises," to read: (k) Gasoline Powered Leaf Blowers. The use of gasoline powered leaf blowers, to produce a current of air and thereby push, propel or blow cuttings, refuse or debris, or otherwise shall be prohibited within the corporate limits of the City. SECTION 3. Add Section 5.78.050 to Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The City Manager, or his/her designee is hereby authorized and directed to adopt guidelines for the proper use of electrical or battery powered leaf blowers, which guidelines shall prohibit blowing debris onto adjacent properties or into adjacent 03 ORDINANCE No. 1932 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS. City Attorney Summary This Ordinance prohibits the use of gasoline powered leaf blowers in the City commencing on January 1, 2019, and provides for the regulation of electrical or battery powered leaf blowers. The City Council of the City of Palm Springs Ordains: SECTION 1. The City Council hereby makes the following factual findings: (i) as of the date of this Ordinance's adoption, there is no technology or practice that will prevent gasoline powered leaf blowers from constituting a "noise disturbance" as that term is defined under the Palm Springs Municipal Code, and (ii) to mitigate potentially undesirable logistic impacts of this Ordinance, and accomplish the gradual acceptance of the requirements of this Ordinance by all parties as desired by the Council, the City should issue warnings as to violations after this Ordinance's effective date, but should issue no citation for any violation hereof until 12:01 am on April 1, 2019. SECTION 2. Add Subdivision (k) to Section 11.74.043 to Chapter 11 .74 of the Palm Springs Municipal Code, re "Loud, Unusual Noises," to read: (k) Gasoline Powered Leaf Blowers. The use of gasoline powered leaf blowers, to produce a current of air and thereby push, propel or blow cuttings, refuse or debris, or otherwise shall be prohibited within the corporate limits of the City. SECTION 3. Add Section 5.78.050 to Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The City Manager, or his/her designee is hereby authorized and directed to adopt guidelines for the proper use of electrical or battery powered leaf blowers, which guidelines shall prohibit blowing debris onto adjacent properties or into adjacent 03 streets, and promote the safe and efficient use of leaf blowers while also mitigating, to the extent possible, the noise and nuisance effects of Leaf blowers. The Finance Department is hereby directed to provide a copy of this Ordinance and the leaf blower guidelines to each person obtaining a City business license for the operating of a gardening or landscape maintenance service or business within the City. SECTION 4. Amend Section 5.78.010 in Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The purpose and intent of this chapter is to promote the public health, safety, and general welfare by insuring that landscape related businesses operating within the city understand and appreciate (i) the grass over-seeding alternative promoted by CVAG, AQMD, and local stakeholders, which alternative eliminates the need for turf scalping, serves as an important air quality control measure, and thereby enhances the local air quality, and (H) the City's determination that electrical or battery powered leaf blowers authorized for use in the City of Palm Springs is an activity that must be regulated. SECTION 6. 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 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 applicable law; this Ordinance shall take effect at 12:01 am on January 1, 2019. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS _ DAY OF , 2017. ROBERT MOON MAYOR ATTEST: KATHLEEN D. HART INTERIM CITY CLERK 04 streets, and promote the safe and efficient use of leaf blowers while also mitigating, to the extent possible, the noise and nuisance effects of Leaf blowers. The Finance Department is hereby directed to provide a copy of this Ordinance and the leaf blower guidelines to each person obtaining a City business license for the operating of a gardening or landscape maintenance service or business within the City. SECTION 4. Amend Section 5.78.010 in Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The purpose and intent of this chapter is to promote the public health, safety, and general welfare by insuring that landscape related businesses operating within the city understand and appreciate (i) the grass over-seeding alternative promoted by CVAG, AQMD, and local stakeholders, which alternative eliminates the need for turf scalping, serves as an important air quality control measure, and thereby enhances the local air quality, and (ii) the City's determination that electrical or battery powered leaf blowers authorized for use in the City of Palm Springs is an activity that must be regulated. SECTION 5. 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 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 applicable law; this Ordinance shall take effect at 12:01 am on January 1, 2019. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS _ DAY OF 2017. ROBERT MOON MAYOR ATTEST: KATHLEEN D. HART INTERIM CITY CLERK 04 The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIVED 760-778-4578/Fax 760-778-4731 CITY OF PALM S P R I N G�, State Of California as: 211T AUG 15 AM 9: 09 County of Riverside OFFICE OF THE CITY CLEl Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0002324933 1 am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non panel)in each and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: Newspaper: The Desert Sun 8/5/2017 r r NO 1106: ORDINANCE No.1932 AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA,ADDING SUBSEC- TION(k)TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SEC- I acknowledge that I am a principal clerk of the TION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND RELATEDprinter of The Desert Sun, printed and LINE POWERED LEAF BLOWERS NPTHE CITY AS AS PER SE NUISANCE COMM NC- ING ON JANUARY 1, 2019,AND PROVIDING FOR REGULATION OF ELECTRICAL published weekly in the City of Palm Springs, OR BATTERY POWERED LEAF BLOWERS. County of Riverside, State of California.The City Attorney Summary This Ordinance prohibits the use of gasoline powered leaf blowers in the City Desert Sun was adjudicated a Newspaper of commencing on January 1,2019,and provides for the regulation of electrical of general circulation on March 24, 1988 by the battery powered leaf blowers. CERTIFICATION Superior Court of the County of Riverside, STATE OF CALIFORNIA ) State of California Case No. 191236. COUNTY OF RIVERSIDE )) ss. CITY OF PALM SPRINGS I,KATHLEEN D.HART,Interim City Clerk of the City of Palm Springs,hereby cer- tify that Ordinance No.1932 is Null,true and correct copy,and was introduced at a regular meeting of the Palm Springs City Council on the 19th dayof July, 2017, and adopted at an adjourned regular and special meeting of theCity Council held on the 26th day of July,2017,by the following vote: declare under penalty of perjury that the AYES: Councilmembers Kors,Roberts,and Mayor Pro Tem Foat foregoing is true and correct. Executed on ABSENT: Nonecilmember Mills and Mayor Moon this 5t a o UGUST, 2017 in Palm ABSTAIN: None y RECUSED: None Spi gs, California. KAT D.HART,MMC Published:810512017 INTERIM RIM CITY CLERK Declarant CITY OF PALM SPRINGS PUBLIC NOTIFICATION cipred Date: August 7, 2017 Subject: Ordinance 1932 AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi, Interim 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 August 5, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. ZbE� Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Interim 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 August 3, 2017. 1 declare under penalty of perjury that the foregoing is true and correct. &a* Cynthia A. Berardi, CMC Interim Chief Deputy City Clerk ORDINANCE No. 1932 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS. City Attorney Summary This Ordinance prohibits the use of gasoline powered leaf blowers in the City commencing on January 1, 2019, and provides for the regulation of electrical or battery powered leaf blowers. 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. 1932 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 19th day of July, 2017, and adopted at an adjourned regular and special meeting of the City Council held on the 26th day of July, 2017, by the following vote: AYES: Councilmembers Kors, Roberts, and Mayor Pro Tern Foat NOES: Councilmember Mills and Mayor Moon ABSENT: None ABSTAIN: None RECUSED: None 46x�)7 KATHLE N D. HART, MMC INTERIM CITY CLERK ORDINANCE No. 1932 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBSECTION (k) TO SECTION 11.74.043 AND SECTION 5.78.050, AND AMENDING SECTION 5.78.010 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING LOUD, UNUSUAL NOISES AND LANDSCAPE RELATED BUSINESSES, PROHIBITING GASOLINE POWERED LEAF BLOWERS IN THE CITY AS A PER SE NUISANCE COMMENCING ON JANUARY 1, 2019, AND PROVIDING FOR REGULATION OF ELECTRICAL OR BATTERY POWERED LEAF BLOWERS. City Attorney Summary This Ordinance prohibits the use of gasoline powered leaf blowers in the City commencing on January 1, 2019, and provides for the regulation of electrical or battery powered leaf blowers. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. The City Council hereby makes the following factual findings: (i) as of the date of this Ordinance's adoption, there is no technology or practice that will prevent gasoline powered leaf blowers from constituting a "noise disturbance" as that term is defined under the Palm Springs Municipal Code, and (ii) to mitigate potentially undesirable logistic impacts of this Ordinance, and accomplish the gradual acceptance of the requirements of this Ordinance by all parties as desired by the Council, the City should issue warnings as to violations after this Ordinance's effective date, but should issue no citation for any violation hereof until 12:01 am on April 1, 2019. SECTION 2. Add Subdivision (k) to Section 11.74.043 to Chapter 11 .74 of the Palm Springs Municipal Code, re "Loud, Unusual Noises," to read: (k) Gasoline Powered Leaf Blowers. The use of gasoline powered leaf blowers, to produce a current of air and thereby push, propel or blow cuttings, refuse or debris, or otherwise shall be prohibited within the corporate limits of the City. SECTION 3. Add Section 5.78.050 to Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The City Manager, or his/her designee is hereby authorized and directed to adopt guidelines for the proper use of electrical or batteN powered leaf blowers, which guidelines shall prohibit blowing debris onto adjacent properties or into adjacent streets, and promote the safe and efficient use of leaf blowers while also mitigating, to the extent possible, the noise and nuisance effects of Leaf blowers. The Finance Department is hereby directed to provide a copy of this Ordinance and the leaf blower Ordinance No. 1932 Page 2 guidelines to each person obtaining a City business license for the operating of a gardening or landscape maintenance service or business within the City. SECTION 4. Amend Section 5.78.010 in Chapter 5.78 of the Palm Springs Municipal Code, re "Landscape Related Businesses," to read: The purpose and intent of this chapter is to promote the public health, safety, and general welfare by insuring that landscape related businesses operating within the city understand and appreciate (i) the grass over-seeding alternative promoted by CVAG, AQMD, and local stakeholders, which alternative eliminates the need for turf scalping, serves as an important air quality control measure, and thereby enhances the local air quality, and (ii) the City's determination that electrical or battery powered leaf blowers authorized for use in the City of Palm Springs is an activity that must be regulated. SECTION 5. 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 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 applicable law; this Ordinance shall take effect at 12:01 am on January 1, 2019. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 261" DAY OF JULY, 2017. ROBERT MOON, MAYOR ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK Ordinance No. 1932 Page 3 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. 1932 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 19th day of July, 2017, and adopted at an adjourned regular and special meeting of the City Council held on the 26th day of July, 2017, by the following vote: AYES: Councilmembers Kors, Roberts, and Mayor Pro Tern Foat NOES: Councilmember Mills and Mayor Moon ABSENT: None ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK