The URL can be used to link to this page

Home My WebLink About3/12/2008 - STAFF REPORTS - 2.H. x��FALM SpF iy c V N City Council Staff Report r�LIFORN%V1 DATE: March 12, 2008 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1737, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE REQUIRING COMPLETION OF COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE FOR ISSUANCE AND,RENEWAL OF BUSINESS LICENSE TO CERTAIN LANDSCAPE RELATED BUSINESSES FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Proposed Ordinance No. 1737. RECOMMENDATION: Waive further reading and adopt Proposed Ordinance No. 1737, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE REQUIRING COMPLETION OF COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE FOR ISSUANCE AND RENEWAL OF CERTAIN BUSINESS LICENSE TO LANDSCAPE RELATED BUSINESSES." STAFF ANALYSIS: At its February 20, 2008, meeting Proposed Ordinance No. 1737 was introduced by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. At its March 5, 2008, modifications were made and Proposed Ordinance No. 1737 was re- introduced by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Pcugnet. Item No. r�n . H . City Council Staff Report March 12, 2008 -- Page 2 Proposed Ordinance No. 1737 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. es Thompson David H. Ready, Esq., - ity Clerk City Manager Attachment: Ordinance No. 1737 DQQQD4 ORDINANCE NO. 1737 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE REQUIRING COMPLETION OF COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE FOR ISSUANCE AND RENEWAL OF BUSINESS LICENSE TO CERTAIN LANDSCAPE RELATED BUSINESSES. City Attorney Summary This ordinance enacts regulations on certain landscape related businesses as defined that require an employee of such businesses to complete, within the previous 12 months, a two-hour course on grass overseeding. The course is to be administered by the Coachella Valley Association of Governments and submit proof of completion to the City prior to the issuance and/or renewal of a business license. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, 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 Re-seeding" brochure available online at www.cvaa.ora). D. The City Council finds that results from a research project, "The Effect of Fall Renovation Treatments on PM10 Emissions During Raking of Debris Following Scalping of Common Bermuda grass Fairways Prior to Overseeding" performed by the University of California, Riverside's Turf Research Advisory Committee 000333 Ordinance No, 1737 Page 2 (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 (htt ://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. 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 altemative. 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 businesses within the City. J. The City Council finds that a public information campaign regarding the new educational prerequisite cannot be organized in sufficient time prior to or during the scalping season and that the prerequisite will, therefore, not be enforced until September 1, 2008. SECTION 2. ADDITION OF CHAPTER 5.78 "LANDSCAPE RELATED BUSINESSES" Chapter 5.78 is hereby added to the Palm Springs Municipal Code to read as follows: Chapter 5.78 LANDSCAPE RELATED BUSINESSES Sections: 5.78.010 Purpose and intent. 5.78.020 Landscape related business defined. Ordinance No. 1737 Page 3 5.78.030 Overseeding education requirement. 5.78.040 Effective date. 5,78.010 Purpose and intent. 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 the grass overseeding alternative promoted by CVAG, AQMD, and local stakeholders which eliminates the need for turf scalping, serves as an important air quality control measure, and thereby enhances the local air quality. 5.78.020 Landscape related business defined. For purposes of this chapter, landscape related business means any business operating within the jurisdictional boundaries of the City of Palm Springs that provides any landscape services, and related to or used for landscape installation, maintenance and design. 5.78.030 Overseeding education requirement. All landscape related businesses shall be required to present with an application for business license, or the renewal of a business license, pursuant to Palm Springs Municipal Code Chapter 3.40, proof to the satisfaction of the City that at least one employee of the business has within the preceding twelve (12) month period successfully completed a two-hour course administered by the Coachella Valley Association of Governments on grass overseeding alternatives to traditional scalping. 5.78.040 Effective Date. The education and reporting requirements imposed under this chapter shall become effective on September 1, 2008. SECTION 3. 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 4. EFFECTIVE DATE 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 Mom Ordinance No. 1737 Page 4 posted pursuant to the provisions of law, and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED THIS, DAY OF 12008. STEPHEN POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1737 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on February 20, 2008, and adopted at a regular meeting of the City Council held on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California QGQ'Qw PROOF OF PUBLICATION This is space for County Clerk's Filing.stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resideni of Proof of Publication of the County aforesaid;I am over the age of eighteen —_--____— years,and nor a party to or interested in the above-entitled matter.1 am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, -- -- printed and published in the city of Palm Springs, CITY OF PALM SPRINGS County of Riverside,and which newspaper has been ORDINANCE NO.1737 adjudged a newspaper of general circulation by the AN ORDINANCE OF THE CITY OF PALM SPRINGS Superior Court of the County of Riverside,State of CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE REQUIRING California under the dace of March 24,1988.Case COMPLE11FIN4TJVE A$n pREREO ON FORE13$UANOE Number 191236;that the notice,of Which the AND RENEWAL OF BUSINESS LICENSE TO CER- annexed is a printed copy(set in type not smaller TAIN LANDSCAPE RELATED BU$INFSSES. than non pariel,has been published in each regular this oroinance ens Aarorno n his rtato IanasCupH and entire issue of said newspaper and not in any rotated businesro3 as defineof that reqRulrc 00 employ- supplement thereof on the following dates,to Wit: GO Of such Ou3inssses to Complete,Who the previous nn g rhO Coutrse is to be admrNslo course the Cooacfi PadVil- March 20"',2008 t r v o es on to me Cit v riort�to th and ante s Drool of com !•I y p p i53uance enWOf re- newal ola duslnaY license. ORDINANCE No.1739 AN ORDINANCE OF THE CITY OF PALM SPRINGS, All in the year 2008 THROUGH OP IT E PALM I$PRINGS-2bN- ING CODE, ADOPTING CHAPTER e.56 'FLOOD DAMAGE PREVENTION" OF THE PALM SPRINGS I certify(or declare)under penalty of perjury Ihat the MUNICIPAL CODE AND AMENDING SECTIONS 92.2000 922001, AND 92 20 03 OF THE PALM foregoing is true and Correct. OESITO THE ZONING REP CODLED SECI REPLACE RFF,EREN- Dared at Palm springs,California this----20,---day Clshos Ordinance rO el e cmenl Flood OHmApe pre- through 93 17.1fidn!ha ZoninrD do,enacts a no0w oC---- Mar - --- -- 2008 Flood DHmaggA Prevention OrAnpncc to be locelad In Article a of Ibu Municlest C060 consistent with Nations, deg.Flood Insurance of Federal Regulsdom,Sections 59t so 3• 5o S and 65.3•and amends certain sections of ChBp- tor�100 of the Zoning Codu to replace rafptpnces m __-----� __ the currant Flood DHmow Prevention Ordinance wlm ---------- nefOrbncas 10 the now Flood Damage Prevention Drop L� (� — ounce Atnre I Jan103 Thompson, Oily Clerk of thin City of Palm a C] Mingo,California,horeby cenlfy th.d Ordinance No(. []C iS� v1�. Mingo, and 1739 word introduced at In adjourned mgu- yg lir meeting of the Palm Springs City Council on March I-1= !� 5 200a,and adopted et a regpular mselind of the City Council held on Arch 12,2n09,by the following vote: AYES. Cduncilmembeu Hutcheson,Mills,Welgal, CO—C I—U //�-� Mayor Pro Tom Fast and Mayor Pougnol, N }. p• 1�. NOES' Nona 1_t� !� C7y, ✓ ABSENT: None �rC r V ABSTAIN None _JEMOG Thompson,City Clerk Published:312010e CJ N CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (V OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: March 12, 2008 Subject: Ordinance 1737 & 1739 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that summaries of Ordinance Nos. 1737 & 1739, adopted by the City Council on March 12, 2008, was published in the Desert Sun on March 20, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. 'L Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that the summaries and copies of Ordinance Nos- 1737 & 1739 were posted at Office of the City Clerk, 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 March 20, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary CITY OF PALM SPRINGS ORDINANCE NO. 1737 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.78 TO THE PALM SPRINGS MUNICIPAL CODE REQUIRING COMPLETION OF COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE FOR ISSUANCE AND RENEWAL OF BUSINESS LICENSE TO CERTAIN LANDSCAPE RELATED BUSINESSES. City Attorney Summary This ordinance enacts regulations on certain landscape related businesses as defined that require an employee of such businesses to complete, within the previous 12 months, a two-hour course on grass overseeding. The course is to be administered by the Coachella Valley Association of Governments and submit proof of completion to the City prior to the issuance and/or renewal of a business license. ORDINANCE NO. 1739 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTIONS 93.17.00 THROUGH 93.17.18 OF THE PALM SPRINGS ZONING CODE, ADOPTING CHAPTER 8.68 "FLOOD DAMAGE PREVENTION" OF THE PALM SPRINGS MUNICIPAL CODE, AND AMENDING SECTIONS 92.20.00, 92.20.01, AND 92.20.03 OF THE PALM SPRINGS ZONING CODE TO REPLACE REFERENCES TO THE REPEALED SECTIONS. City Attorneys Summary This Ordinance repeals the current Flood Damage Prevention Ordinance located at Sections 93.17.00 through 93.17.18 in the Zoning Code; enacts a new Flood Damage Prevention Ordinance to be located in Article 8 of the Municipal Code consistent with National Flood Insurance Program requirements pursuant to Title 44, Code of Federal Regulations, Sections 59, 60.3-60.6, and 65.3; and amends certain sections of Chapter 92.00 of the Zoning Code to replace references to the current Flood Damage Prevention Ordinance with references to the new Flood Damage Prevention Ordinance I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that Ordinance Nos. 1737 and 1739 were introduced at an adjourned regular meeting of the Palm Springs City Council on March 5, 2008, and adopted at a regular meeting of the City Council held on March 12, 2008, by the following vote: AYES: Councilmembers Hutcheson, Mills, Weigel, Mayor Pro Tern Foat, and` Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None ?mes Thompson, City Clerk = _