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ORD 454 ORDINANCE NO. 454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA AMENDING TITLE 3 AND TITLE 6 OF THE LA ( QUINT A CHARTER AND MUNICIPAL CODE BY ADDING SECTION '" , 3.28.435 TO CHAPTER 3.28, TITLE 3, AND ADDING CHAPTER 6.17 ~- "' TO TITLE 6 "REQUIRED LANDSCAPERS COURSE ON OVER-SEEDI~ ALTERNATIVES" ~ WHEREAS, the City Council of the City of La Quinta ("Cit~ .Mh~at air quality within the Coachella Valley is significantly impacted bY~~O adition of scalping the summer (Bermuda) turf grass in preparation for over-seeding with rye grass each fall; and <". WHEREAS, the City Council finds that air qUa~l~f the most essential issues associated with public health and safety~ urn is essential to the continued economic well-being of the Coachell lie and to the needs of its residents; and ~ WHEREAS, the City is a memb~~nt public agency known as the Coachella Valley Association of Gove me s ("CVAG"), which was formed in 1973 under California's Joint ~ to address issues of Valley-wide significance; and ~ J WHEREAS, the CitY~~ndS that CVAG, in partnership with the South Coast Air Quality M~n istrict (SCAQMD) and local stakeholders, has developed a course p m i an over-seeding process whereby there is a gradual reduction of watering mbined with a progressive lowering of the turf as an alternative to th~ion I single-scalping operation; and WHE s'V July 30, 2007, CVAG's Executive Committee voted to relate u esses, as a prerequisite for issuance of a city business license, to cot!:Jt~a o-hour course designed to educate said professionals in alternative m"v over-seeding; and ~WHEREAS, the City Council finds that results from a research project, "The ~ect of Fall Renovation Treatments on PM 10 Emissions During Raking of Debris \ :~lIowing Scalping of Common Bermuda Grass Fairways Prior to Over-seeding" performed by the University of California, Riverside's Turf Research Advisory Committee in partnership with CV AG, Riverside County, and the Desert Hi-Lo Golf Course Superintendents Association completed in August 2000 and on file with the City, provides the correlation for this alternative method of over-seeding; and Ordinance No. 454 Landscapers Over Seeding Course Adopted: March 18. 2008 Page 2 WHEREAS, the City Council finds that the UCR research demonstrates that ~ the traditional turf renovation practices can be modified and the over-seed in, ' alternative utilized without undermining the aesthetics of the resulting winter ~ grass and increasing the net cost of the new winter turf grass; and ~ WHEREAS, the City Council finds that the primary reason f r t sl w Valley is the lack of public understanding of the merits and healt e e s of the alternative; and ~ WHEREAS, the City Council finds that the most effi t and effective method of promoting the over-seeding alternative is ~uir the landscape professionals who install, maintain, and design I~ annually attend a two-hour course on the topic, to be organized by C,'" AQMD; and WHEREAS, the City Council finds th~t e D)liealth and safety is served by requiring completion of said course a l~~/~site for the issuance and renewal of business licenses for landsca~ usinesses within the City; and WHEREAS, the City Council des~ adopt CVAG's model ordinance as Chapter 6.17 of the La Quinta M~ Code; and WHEREAS, the City ~~dS that this new educational prerequisite should not take effect unti~~er 1, 2008. NOW, THEREFAC)T~ ~ITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOL~' SECT~ ~END CHAPTER 3.28 OF THE LA QUINTA CHARTER AND MUNICIPALYC~ AS FOLLOWS: ~~ection 3.28.435, "Required Landscapers Course on Over-seeding AI r ~V is hereby added to Title 3 "Revenue and Finance" of the La Quinta {ha. ~r d Municipal Code, and shall read as follows: ~ V 3.28.435 Required Landscapers Course on Over-seeding '\ Alternatives. Refer to Title 6 Chapter 6.17. Ordinance No. 454 landscapers Over Seeding Course Adopted: March 18, 2008 Page 3 SECTION 2. AMEND CHAPTER 6 OF, THE LA QUINTA CHARTER AND MUNICIPAL CODE AS FOLLOWS: ( Add Chapter 6.17, "Required Landscapers Course on over-see~ Alternatives" is hereby added to Title 6 "Health and Sanitation" of the La Q~l\ Charter and Municipal Code, and shall read as follows: ~ "' 6.17 Required Landscapers Course on over-seedir~~ 6.17.010 Definitions. ~~ - .SCAOMD" m,,", tho Sooth Coo" Ak O""ty M~~"'" "City" means the City of La Quinta. .........~ "CVAG" means the Coach ell a Valley Asso~~overnments. "Landscape Professional" means ~s.inesV whether operated by an individual or a business entity, whichee ithin the City and performs or provides services or sells nursery prod cts ted to or used in connection with landscape installation, maintenancr~ . . 6.17.020 Purpose an~~~ The purpose of this~IS to promote the public health and safety by insuring that lands~e e businesses within the City understand and appreciate the over-s . g Iternative promoted by CV AG, SCAQMD, and local stakeholders eli~ need for turf scalping, serves as an air quality control measure, anLh~nhances the local air quality. 6.17!l~ Course Requirement. Q,'e September 1, 2008, when making an application for a City b n ~se or an application to renew a City business license, a Landscape Pro si al operating within the City shall present proof that at least one ~;~ · ot tho '"",'" h", with', tho tw.lvo mooth, Imm,",,,,y ''''''''9 tho ~~ or renewal application, completed a two-hour course developed by CVAG, AQMD, and local stakeholders, on grass over-seeding alternatives to traditional , scalping. Ordinance No. 454 landscapers Over Seeding Course Adopted: March 1S, 2008 Page 4 SECTION 3. SEVERABILITY. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or ~ declared invalid by any final court action in a court of competent jurisdiction or b'llit.. ~ reason of any preemptive legislation, the remaining provisions, secti~ paragraphs, sentences or words of this ordinance as hereby adopted shall rem,-", full force and effect, , "' SECTION 4. REPEAL OF CONFLICTING PROVISIONS. All teh p .. of the La Quinta Municipal Code as heretofore adopted by the City Inta that are in conflict with the provisions of this ordinance are hereby ~. SECTION 5. EFFECTIVE DATE. This ordinance shall ~ull force and effect September 1, 2008, ~ SECTION 6. POSTING. The City Clerk Sh~~O the passage and adoption of this Ordinance, and shall cause the s~~~posted in at least three public places designated by Resolution O~fClty uncil, and shall cause this Ordinance and its certification, together wi r f 0 osting to be entered into the Book of Ordinances of this City. ~ PASSED, APPROVED, and ADOP~t a regular meeting of the La Quinta City Council held on this 18th ,:~rch, 2008, by the following vote: AYES: Council Member ~r Adolph ABSENT: ABSTAIN: ~ ~ DON ADOLPH, Mayor City of La Quinta, California Ordinance No. 454 Landscapers Over Seeding Course Adopted: Merch 18, 2008 Page 5 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAl) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney ~ City of La Quinta, California ~ s<=:.> <<.~ ~o f ~ sf ~ ~