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HomeMy WebLinkAboutORD 1153ORDINANCE NO. 1153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUIRING COMPLETION OF A COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE FOR ISSUANCE OF BUSINESS LICENSE TO LANDSCAPE - RELATED BUSINESSES IN THE CITY OF PALM DESERT. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS A. The City Council finds that air quality within the Coachella Valley is significantly impacted by the local tradition of scalping the summer (Bermuda) turfgrass in preparation for annual overseeding with rye grass each fall. B. The City Council finds that air quality is one of the most essential issues associated with public health and safety, which in turn is essential to the continued economic well-being of the Coachella Valley and to the needs of its residents. C. The City Council finds that the Coachella Valley Association of Governments (CVAG), in partnership with the South Coast Air Quality Management District (AQMD) and local stakeholders, has developed a course promoting an overseeding process whereby there is a gradual reduction of watering combined with a progressive lowering of the turf as an alternative to the traditional single -scalping operation (as described in the "Promoting Healthier Grass Reseeding" brochure available online at www.cvaq.org). D. The City Council finds that results from the research project, "The Effect of Fall Renovation Treatments on PM10 Emissions During Raking of Debris Following Scalping of Common Bermudagrass Fairways Prior to Overseeding" performed by the University of California, Riverside's Turf Research Advisory Committee (UCRTRAC) in partnership with CVAG, Riverside County, and the Desert Hi-Lo Golf Course Superintendents Association completed in August, 2000 provides the correlation for this alternative (http://ucrturf.ucr.edu). E. The City Council finds that the UCR research demonstrates the traditional turf - renovation practices can be modified and the overseeding alternative utilized without undermining the aesthetics of the resulting winter turfgrass. F. The City Council finds that the overseeding alternative does not increase the net cost of the new winter turfgrass. ORDINANCE NO. 1153 G. The City Council finds that the primary reason for the slow acceptance and under - utilization of the overseeding alternative in the Coachella Valley is the lack of public understanding of the merits and health benefits of the alternative. H. The City Council finds that the most efficient and effective method of promoting the overseeding alternative is to require a representative of the landscaping installation, maintenance and design professionals and their suppliers within the City to, on an annual basis, attend a two-hour course on the topic, with said course organized by CVAG and AQMD. I. The City Council finds that the public health and safety is served by requiring completion of said course as a prerequisite for the issuance and renewal of business licenses for landscape -related business within the City. SECTION II. PURPOSE AND INTENT The purpose of this ordinance is to promote the public health and safety by insuring landscape - related businesses within the City understand and appreciate the overseeding alternative promoted by CVAG, AQMD and local stakeholders which eliminates the need for turf scalping, serves as an air quality control measure and thereby enhances the local air quality. SECTION III. ADDITION OF CHAPTER 5.95 "LANDSCAPE -RELATED BUSINESS" "Landscape -Related Businesses" shall be added to Chapter 5.95 of Title 5 of the Municipal Code as follows: Effective September 1, 2008, as a prerequisite to the issuance or renewal of a business license for any entity providing services or nursery products in the City of Palm Desert related to or used for landscape installation, maintenance, or design, the applicant shall present proof that at least one employee has, within the twelve months immediately preceding the application, completed a two-hour course developed by the Coachella Valley Association of Governments, the South Coast Air Quality Management District and local stakeholders, on grass overseeding alternative to traditional scalping. SECTION IV. SEVERABILITY If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. SECTION V. EFFECTIVE DATE This ordinance shall become effective on the thirtieth (301h) day following its adoption. 2 ORDINANCE NO. 1153 SECTION VI. POSTING The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in The Desert Sun, a newspaper of general circulation, printed and published within the County of Riverside, and circulated within said City. The foregoing ordinance was approved and adopted at a regular meeting of the Palm Desert City Council held on this 24th day of April 2008 by the following vote, to wit: AYES: FERGUSON, FINERTY, BELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA j/JEAN M. BENSON, MAYOR 3