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HomeMy WebLinkAbout2/20/2008 - STAFF REPORTS - 3.A. o"?ALM sp? �Z V N F cA`'F°""�P CITY COUNCIL STAFF REPORT DATE: FEBRUARY 20, 2008 LEGISLATIVE SUBJECT: PROPOSED ORDINANCE REQUIRING LANDSCAPE-RELATED BUSINESSES TO COMPLETE A COURSE ON OVERSEEDING ALTERNATIVES AS A PREREQUISITE FOR ISSUANCE OF A CITY BUSINESS LICENSE FROM: David H. Ready, City Manager SUMMARY The City Council will consider the introduction of an Ordinance that requires landscape- related businesses to complete a course administered by CVAG and AQMD regarding overseeding alternatives, prior to the issuance or the renewal of a City business license. CVAG RECOMMENDATION: 1. Waive reading of the ordinance text and introduce by title only. 2. Introduce for first reading Ordinance No. , "AN ORDINANCE OF THE 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 OF BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES." STAFF ANALYSIS: The Coachella Valley Association of Governments (CVAG) is requesting that each member City and the County adopt consistent valleywide regulations that require completion of a two-hour course relative to the overseeding alternative as a prerequisite for the issuance of a business license to landscape-related businesses. The CVAG staff report is attached for a full discussion of the program and process. The City Council has previously discussed the impacts of scalping to the community and directed staff to work with CVAG in that regard, along with reviewing information on turf buy-back and water smart landscaping programs. Item 3 . A . City Council Staff Report February 20, 2008 -- Page 2 Landscapers Course on Overseeding The proposed Ordinance is an important first step in improving air quality relating to traditional turf-renovation practices, establishing a required education program, without mandating or prohibiting specific practices. In order for the model ordinance to be effective, there needs to be support of elected officials valleywide to advocate innovative ways to improve the air quality in the Coachella Valley. The proposed educational requirements would be comparable to the successful implementation of the dust control regulations which each jurisdiction adopted as part of the CVSIP which includes a component requiring developers, contractors and subcontractors attend a dust control certification course. Specifically, the proposed regulations require all landscape-related businesses to submit proof that at least one employee has completed a two-hour course developed by CVAG on grass overseeding alternatives to traditional scalping, prior to the issuance or the renewal of a City business license. The definition of landscape-related business would require large retail establishments and suppliers to comply such as Lowes, Home Depot, Wall*Mart and nurseries; and professionals and service providers such as landscape architects and gardeners. The proposed ordinance is unclear as to the number of times or frequency that a business would need to comply with the education requirements, and the City would request further polices and procedures promulgated by CVAG. The City's business license procedures are generally enacted solely to raise revenue for municipal purposes; however, the City has adopted business regulations for other types of activities [such as adult oriented businesses, pawnbrokers, etc.]. There maybe a possibility that a landscape-related business is unable or unwilling to comply and forgo their business license tax, which would mean a potential loss of business tax revenue and an increase in enforcement referrals. CVAG will be responsible for the notification of affected businesses subject to the requirements. The City's Finance Department, Business License Section, will provide CVAG with current licenses and contact information for businesses within the City if requested. To date Cathedral City, Coachella, Desert Hot Springs and Rancho Mirage have adopted the model ordinance, and waiting action from the other Coachella Valley cities and the County of Riverside. 000062 City Coundi Staff Report February 20, 2008 -- Page 3 Landscapers Course on Overseeding FISCAL IMPACT: Potential decrease in business tax revenue from defined businesses unable or unwilling to complete the course. Slight increase in staff costs relating to the manual processing of business licenses for landscape-related businesses, and the implementation of the program requirements. CVAG has indicated the course development and instruction will be funded using the Colmac grant funds or regional AB2766 funds. 6r� DAVID H. READY, CIT ' ANAGER Attachments: Proposed Ordinance CVAG Report 000003 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 OF BUSINESS LICENSE TO LANDSCAPE RELATED BUSINESSES. City Attorney Summary This ordinance enacts regulations on landscape related businesses that require an employee of such businesses to complete, within the previous 12 months, a two-hour course on grass overseeding, which course is to be administered by the Coachella Valley Association of Governments, and to 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.org). 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 (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://ucFturf.uor.edu). 000004 Ordinance No. Page 2 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 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 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. 5.78.030 Overseeding education requirement. 5.78.040 Effective date. 0010005 Ordinance No. Page 3 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, including the sale of nursery products, related to or used for landscape installation, maintenance, or 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 posted pursuant to the provisions of law, and this Ordinance shall take effect thirty (30) days after passage. 000006 Ordinance No._ Page 4 PASSED, APPROVED AND ADOPTED THIS, DAY OF 2008. 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. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000067 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Staffs Recommended Motion was Approved by the Executive Committee on July 30"',2007. DATE: July 30, 2007 TO: EXECUTIVE COMMITTEE FROM: Aurora Kerr, Director Department of Community Resources RE. Approval of Model Ordinance for Landscapers Course on Overseeding Alternative STAFF RECOMMENDED MOTION: That the Executive Committee: 1) Approve the Model Ordinance for a Landscapers Course on the Overseeding Alternative, and; 2) Approve distribution of the Model Ordinance to the member jurisdictions so that they can review and take action. Technical Advisory Committee: Concurs (6/13107) Energy and Environmental Resources Committee: Staff will verbally report any action from the July 19, 2007 meeting. BACKGROUND. Several months ago, this Committee directed staff to develop a model ordinance for the "purpose of improving air quality valleywide and transition from scalping to the smart scalping approach." In response to this request, staff has held several meetings with a task force comprised of local stakeholders including the Desert Hi-Lo Golf Course Superintendents Association; consultant, Dr. Emily Nelson; College of the Desert Horticulture Department; Dr. Robert Green from the UCR Turfgrass Advisory Committee; SCAQMD staff; local landscapers; and general counsel, Toni Eggebraaten, to discuss development of such an ordinance. As a result, attached is the draft model ordinance which requires completion of a two hour course relative to the overseeding alternative as a prerequisite for issuance of a business license to landscape-related businesses in the Coachella Valley. The two hour course will consist of two components: 1) air quality training (see attached draft power point presentation). AQMD staff will provide the education on the air quality component as in-kind and as part of the Coachella Valley's State Implementation Plan (CVSIP); and, 2) the alternative reseeding method using the Reseeding Alternative Brochure as a teaching aid. The instructor for the reseeding alternative component would be a local licensed landscaper. There will be a cost for these services but there is funding through a Colmar grant that has been set aside for this purpose. This model ordinance will not only impact landscapers but will also include landscape-related businesses. The task force felt that in order to have a true impact relative to air quality and public health issues, landscape-related businesses, e.g., nurseries, Home Depot, etc., that sell equipment and seed to landscapers should also be educated and included in this effort. 00u6� Executive Committee Page 2 of 3 Pages July 30, 2007 There are several time components that must be taken in consideration with this model ordinance should the Executive Committee take action to approve the staff recommendation: Public Outreach: There must be a public outreach effort to inform the landscaping communities of the model ordinance and its intent. This will include radio and print announcements. Staff will also make presentations to the local Homeowners Associations including the Community Associations Institute (CAI) and continue work with the Desert Hi Lo Golf Course Superintendents Association. The College of the Desert will also assist by educating their students through their landscaping courses. City Council Action: Asa model ordinance, this will take time for the member jurisdictions to review at the individual city councils and take action. Training of City Staff. If adopted, there will need to be training of staff from the member jurisdictions similar to the training done with the adoption of the local dust control ordinances to explain how the landscaping certification will work and city staff's role and responsibilities. Landscape Instructor: CVAG will need some time to hire a local licensed landscaper to work with the AQMD, develop the certificate, coordinate with the member jurisdictions and teach the course. Given these timing issues; the task force recommends that we use the time wisely to address these areas and make the date of the model ordinance effective September 1, 2008. This should be sufficient time to transition to perform the outreach and coordinate with business license departments. In addition, CVAG staff will continue to educate the public on the reseeding alternatives. Attached is the public outreach program for the reseeding alternative brochure that staff currently uses. We have expanded the education process to make it more comprehensive. It has been expanded to include: Partner with utility agencies to include a brochure/landscaping certification info with their monthly billing to customers; Make presentations to Desert Contractor's Association; Develop a web page with information that goes beyond the brochure,- Production of a television advertisement Given the Desert Hi Lo Golf Course Superintendents Association proactive involvement with reseeding alternatives; they will continue to work with CVAG to educate their members on Reseeding alternatives. More than sixty percent of the golf courses in the Coachella Valley use an alternative to scalping. CVAG believes that with the help of the member jurisdictions, this model ordinance will change the perception of how scalping can impact air quality and our public health. A voluntary effort in which landscaping community would be requested to voluntarily take this course will not work. Implementation of this model ordinance would be comparable to the implementation of the dust control ordinances which each jurisdiction adopted as part of the CVSIP which includes a component requiring developers, contractors and subcontractors attend a dust control certification course prior to breaking ground on their development. 000009 Executive Committee Page 3 of 3 Pages July 30, 2007 Several years after the dust control ordinances have been adopted, the dust control classes continue to be held monthly and have positively impacted how developers and the construction industry must build in the Coachella Valley. In order for this model ordinance to be effective, there needs to be similar support of elected officials valleywide to advocate innovative ways, such as this model landscaping ordinance, to continue to be proactive and improve the air quality in the Coachella Valley. FISCAL, ANALYSIS: The SCAQMD will provide instruction of the air quality component as in- kind to this effort. There are funds through a Colmac grant that have been set aside to hire an instructor. There will be some initial time for the instructor to develop the course, meet with city staff and landscaping-related businesses to inform them of the upcoming course, but courses would be taught twice a month at CVAG offices. CVAG staff will work with the Task Force, AQMD, the landscape instructor, and the member jurisdictions as well as others as part of the overall comprehensive plan using either Colmac grant funds or regional AB2766 funds. There is no impact to the General Fund. :attachments Staff Report to Exec 7-30-07.doc Message Page 1 of 2 Jan Truscott MEMORANDUM TO: CITY MANAGERS f FROM: Aurora Kerr, Director / Community Resources Department DATE: August 8, 2007 RE: MODEL ORDINANCE REQUIRING COMPLETION OF COURSE ON OVERSEEDING ALTERNATIVE FOR ISSUANCE OF BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES IN THE COACHELLA VALLEY In follow-up to action by the CVAG Executive Committee on July 30th, please find attached the Model Ordinance for landscape-related businesses. Also, attached is the staff report. We ask that you review and agendize this item for City Council consideration and action. Although this model Ordinance will not take effect until September, 2008, CVAG staff will be busy preparing the course, hiring a landscaper instructor, training city staff on their role and responsibilities, engaging marketing efforts with the landscape community, etc. CVAG staff is available to assist with presentation of this item to your Council. Thank you. `UczPaYie guf7:ffiz Program Assistant to Aurora Kerr, Director Department of Community Resources Coachella Valley Association of Governments 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260-2516 q�5 Phone: (760) 346-1127 Fax: (760) 340-5949 ��� Website: www.cvcig.org E-Mail: vfranIzlin@cvog.org 8/9/2007 �U% Gr—��rh�d L'61 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS MEMORANDUM TO: CITY MANAGERS FROM. Aurora Kerr, Director Community Resources Department DATE: August 8, 2007 RE: MODEL ORDINANCE REQUIRING COMPLETION OF COURSE ON OVERSEEDING ALTERNATIVE FOR ISSUANCE OF BUSINESS LICENSE TO LANDSCAPE-RELATED BUSINESSES IN THE COACHELLA VALLEY In follow-up to action by the CVAG Executive Committee on July 30Ch, please find attached the Model Ordinance for landscape related businesses. Also, attached is the staff report. We ask that you review and agendize this item for City Council consideration and action. Although this model Ordinance will not take effect until September, 2008, CVAG staff will be busy preparing the course, hiring a landscaper instructor, training city staff on their role and responsibilities, engaging marketing efforts with the landscape community, etc. CVAG staff is available to assist with presentation of this item to your Council. Thank you. :attachment COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Staffs Recommended Motion was Approved by the Executive Committee on July DATE: July 30, 2007 TO. EXECUTIVE COMMITTEE FROM: Aurora Kerr, Director Department of Community Resources RE: Approval of Model Ordinance for Landscapers Course on Overseeding Alternative STAFF RECOMMENDED MOTION: That the Executive Committee: 1) Approve the Model Ordinance for a Landscapers Course on the Overseeding Alternative, and; 2) Approve distribution of the Model Ordinance to the member jurisdictions so that they can review and take action. Technical Advisory Committee: Concurs (6/13/07) Energy and Environmental Resources Committee: Staff will verbally report any action from the July 19, 2007 meeting. BACKGROUND: Several months ago, this Committee directed staff to develop a model ordinance for the "purpose of improving air quality valleywide and transition from scalping to the smart scalping approach." In response to this request, staff has held several meetings with a task force comprised of local stakeholders including the Desert Hi-Lo Golf Course Superintendents Association; consultant, Dr. Emily Nelson, College of the Desert Horticulture Department; Dr. Robert Green from the UCR Turfgrass Advisory Committee; SCAQMD staff; local landscapers; and general counsel, Toni Eggebraaten, to discuss development of such an ordinance. As a result, attached is the draft model ordinance which requires completion of a two hour course relative to the overseeding alternative as a prerequisite for issuance of a business license to landscape-related businesses in the Coachella Valley. The two hour course will consist of two components: 1) air quality training (see attached draft power point presentation). AQMD staff will provide the education on the air quality component as in-kind and as part of the Coachella Valley's State Implementation Plan (CVSIP); and, 2) the alternative reseeding method using the Reseeding Alternative Brochure as a teaching aid. The instructor for the reseeding alternative component would be a local licensed landscaper. There will be a cost for these services but there is funding through a Colmac grant that has been set aside for this purpose. This model ordinance will not only impact landscapers but will also include landscape-related businesses. The task force felt that in order to have a true impact relative to air quality and public health issues, landscape-related businesses, e.g., nurseries, Home Depot, etc., that sell equipment and seed to landscapers should also be educated and included in this effort. Executive Committee Page 2 of 3 Pages July 30, 2007 There are several time components that must be taken in consideration with this model ordinance should the Executive Committee take action to approve the staff recommendation: Public Outreach: There must be a public outreach effort to inform the landscaping communities of the model ordinance and its intent. This will include radio and print announcements. Staff will also make presentations to the local Homeowners Associations including the Community Associations Institute (CAI) and continue work with the Desert Hi Lo Golf Course Superintendents Association. The College of the Desert will also assist by educating their students through their landscaping courses. City Council Action: As a model ordinance, this will take time for the member jurisdictions to review at the individual city councils and take action. Training of City Staff: If adopted, there will need to be training of staff from the member jurisdictions similar to the training done with the adoption of the local dust control ordinances to explain how the landscaping certification will work and city staff's role and responsibilities. Landscape Instructor- CVAG will need some time to hire a local licensed landscaper to work with the AQMD, develop the certificate, coordinate with the member jurisdictions and teach the course. Given these timing issues; the task force recommends that we use the time wisely to address these areas and make the date of the model ordinance effective September 1, 2008. This should be sufficient time to transition to perform the outreach and coordinate with business license departments. In addition, CVAG staff will continue to educate the public on the reseeding alternatives. Attached is the public outreach program for the reseeding alternative brochure that staff currently uses. We have expanded the education process to make it more comprehensive. It has been expanded to include.- Partner with utility agencies to include a brochure/landscaping certification info with their monthly billing to customers; Make presentations to Desert Contractor's Association; Develop a web page with information that goes beyond the brochure; Production of a television advertisement Given the Desert Hi Lo Golf Course Superintendents Association proactive involvement with reseeding alternatives; they will continue to work with CVAG to educate their members on Reseeding alternatives. More than sixty percent of the golf courses in the Coachella Valley use an alternative to scalping. CVAG believes that with the help of the member jurisdictions, this model ordinance will change the perception of how scalping can impact air quality and our public health. A voluntary effort in which landscaping community would be requested to voluntarily take this course will not work. Implementation of this model ordinance would be comparable to the implementation of the dust control ordinances which each jurisdiction adopted as part of the CVSIP which includes a component requiring developers, contractors and subcontractors attend a dust control certification course prior to breaking ground on their development. Executive Committee Page 3 of 3 Pages July 30, 2007 Several years after the dust control ordinances have been adopted, the dust control classes continue to be held monthly and have positively impacted how developers and the construction industry must build in the Coachella Valley. In order for this model ordinance to be effective, there needs to be similar support of elected officials valleywide to advocate innovative ways, such as this model landscaping ordinance, to continue to be proactive and improve the air quality in the Coachella Valley. FISCAL ANALYSIS. The SCAQMD will provide instruction of the air quality component as in- kind to this effort. There are funds through a Colmac grant that have been set aside to hire an instructor. There will be some initial time for the instructor to develop the course, meet with city staff and landscaping-related businesses to inform them of the upcoming course, but courses would be taught twice a month at CVAG offices. CVAG staff will work with the Task Force, AQMD, the landscape instructor, and the member jurisdictions as well as others as part of the overall comprehensive plan using either Colmac grant funds or regional AB2766 funds. There is no impact to the General Fund. :attachments Staff Report to Exec 7-30-07 06-20-2007 DRAFT OF LANDSCAPFRS MODEL ORDINANCE AN ORDINANCE OF THE [CITY OF or COUNTY OF RIVERSIDE] REQUIRING COMPLETION OF COURSE ON OVERSEEDING ALTERNATIVE AS A PREREQUISITE. FOR ISSUANCE OF BUSINESS LICENSE TO LANDSCAPE- RELATED BUSINESSES IN THE COACHELLA VALLEY THE [CITY COUNCIL OF THE CITY OF , CALIFORNIA or BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE], DOES ORDAIN AS FOLLOWS: SECTION I. FINDINGS A. The [City Council or Board of Supervisors] 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 or Board of Supervisors] 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 or Board of Supervisors] 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.cvap.orq). D. The [City Council or Board of Supervisors] finds that results from a 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 or Board of Supervisors] 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 or Board of Supervisors] finds that the overseeding alternative does not increase the net cost of the new winter turfgrass. I 06-20-2007 DRAFT OF LANDSCAPERS MODEL ORDINANCE G. The [City Council or Board of Supervisors] 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 or Board of Supervisors] 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 or unincorporated Coachella Valley area] 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 or Board of Supervisors] 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 or Coachella Valley]. J. The [City Council or Board of Supervisors] finds that a public information campaign regarding the new educational prerequisite can not be organized in sufficient time prior to the 2007 scalping season and that the prerequisite will, therefore, not be enforced until September 1, 2008. 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 or the Coachella Valley] 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 SECTION XXX "LANDSCAPE-RELATED BUSINESSES" [Sub]Section "Landscape-Related Businesses" shall be added to [Chapter or Section of Chapter of the Municipal Code as follows: [Section Landscape-Related Businesses] 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 unincorporated area within the territorial boundaries of the Coachella Valley Association of Governments] related to or used for landscape installation, maintenance, or design, the applicant shall present proof that at least one employee has, within the 2 06-20-2007 DRAFT OF LANDSCAPERS MODEL ORDINANCE 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 alternatives 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 (30th) day following its adoption. SECTION VI. POSTING The [City Clerk or Clerk of the Board] shall within fifteen (15) days after the passage of this ordinance, cause this ordinance to be posted in at least three (3) public places designated by resolution of the [City Council or Board of Supervisors]; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this [City or County]. The foregoing ordinance was approved and adopted at a meeting of the [City Council or Board of Supervisors] held on 2007 by the following vote: Ayes: Noes: Abstain: Absent: [Mayor or Chairman of the Board] ATTEST: [City Clerk or Clerk of the Board] APPROVED AS TO FORM: [City Attorney or County Counsel] 3 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Landscapers Model Ordinance Update: August 9, 2007 Jurisdiction & [Contt Person & On City Council Status of Ordinance E-Mailed to City Council City Manager(CM) Number Agenda: City Managers on August 8, 2007 Adopted: Cathedral City Teri McKeating Don Bradley 770-0372 Coachella Andrea Carranza Asst. CMs: Steve 398-3502 ext. 223 Brown & Linda Garza Desert Hat Springs Cynthia Lugo Ann Marie Gallant 329-6411 ext. 100 Indian Wells Debbie Allen Greg Johnson 776-0222 Indio Martha Sommons Glenn Southard 342-6580 Lo Quinta Wanda Wise-Latta Tom Genovese 777-7100 Palm Desert Karen Russo Carlos Ortega 346-0611 ext. 307 Palm Springs ,Tan Truscott David Ready 323-8362 Rancho Mirage Sylvia Nino Pat Pratt 324-4511 ext. 216 Updated: August 9, 2007(10:14AM) F:%VFmW.%Law lkw Cam.paign%Lord;rapzrs Ord,mn %SW.5 on Council App.ove€nF 0,dkw. e.wpd