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HomeMy WebLinkAbout09/20/1994, 5 - RESPONSE TO COUNCIL REQUEST: Status of Power Blower Educational Program MEETING DATE: �u�i�►�Ipl���la l��l�l� city.of san tuts OBlspo Sept. 20 1994 Now COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development DirectoFa,,-,(,.,,- �- BY: Judith Lautner;" ssociate Planner SUBJECT: Response t Council request: 1. Status of power blower educational program; and 2 . Discussion of possible ban of power blowers. CAO RECOMMENDATION 1. Review progress of educational program; 2. Review program to phase out power blowers. 3 . Direct staff to continue working with the California Landscape Contractors' Association (CLCA) to refine and improve the educational program, and to return to the Council with an ordinance regulating the use of blowers. Background On January 20, 1993, the City Council responded to complaints by a citizen (Alan Friedman) about problems associated with leaf blowers. The Council directed staff to research the issue and return with information on these machines. On January 25, 1994, the Council held a public hearing to review a report on these machines. After taking public testimony and discussing the issue, the Council directed staff to work with the California Landscape Contractors' Association (CLCA) to 1) prepare amendments to the noise regulations to limit further the hours that power blowers may operate; and 2) develop an educational program to inform landscape workers of the proper ways to use these machines. On April 19, 1994, the Council held a public hearing to review amendments to the noise ordinance and to review a draft educational program. The Council passed to print an ordinance limiting the use of power blowers to between the hours of 8 a.m. and 6 p.m. , and accepted the educational program. The Council also directed staff to return in September with "proposed limits . for gas powered blowers and the potential phased sunset of power blowers". The Council voted to review the progress of the educational program in September (see minutes, attached) . Because of concerns raised by the Public Works Director, the Council delayed final action on the noise ordinance change until July 19, 1994. At that time the changes were finally passed as initiated. Now staff is returning with a progress report on the education program and a discussion of the phasing out of power blowers. �— I ��u�i���lllllp�p��u�►�I��I city of san tins osispo iNCIL AGENDA REPORT Page 2 DISCUSSION 1. A quick overview. Why blowers are popular: Since their development in the early 1970's, blowers have been found to serve many purposes. They replace brooms, hoses, and rakes, and perform some functions, like cleaning gutters and dispersing puddles, that no other tool has been found to do as effectively. Blowers are even used in fighting wildfires, as they can actually blow out smaller flames without the use of water or electricity. City crews use blowers in parks and around public buildings. The total time City workers spend using blowers is about ten hours per week. Maintenance supervisors estimate that it would take about 50 hours to do this work without blowers, and much of the work would require the use of water. Private maintenance businesses would be similarly affected. The bottom line is that without blowers, government, private maintenance companies, and residents would have to spend more money or time on outdoor work, or accept a lower level of upkeep. Why they are a nuisance: Power blowers present three kinds of problems: noise, air pollution, and inappropriate use. The specific nature of these problems was discussed in the January staff report, attached. What's being done about it: Noise levels are currently being lowered in newer blowers by most blower manufacturers, who have voluntarily adhered to a standard maximum of 70 dB fifty feet from the source. The nature of the noise - a steady whine - is irritating at full power, but changes considerably at lower speeds. The noise comes from the fan, and when air is going through it at a lower speed, the sound becomes lower in pitch and is therefore not as annoying. Air pollution from the engines is being addressed by Environmental Protection .Agency (EPA) and California Air Resources Board (CARB) standards. Pollution from the lifting of dust into the air is essentially a localized problem, the severity of which has not yet been documented because of the difficulties in separating sources. There is no question that this can be a significant temporary effect for persons with allergies. Inappropriate use is the blowing of debris onto other property, the street, or other persons. It is also inappropriate to blow at higher speeds than necessary to do the job. Other than banning power blowers altogether, an educational program is the best hope for dealing with this type problem. 2. Education program. The educational program accepted by the Council, developed by representatives of the California - 2— 1111 ►1IIIII1111► ►���11 city of San tins osIspo IPJJNCIL AGENDA REPORT Page 3 Landscape Contractors' Association and City staff, contains four components: * Donation of a video on the proper use of small power equipment to the City-County library. CLCA has obtained and donated the video to the library. * Distribution of leaflet describing proper operating procedures for power blower use to contractors and property managers. CLCA and City staff have compiled a comprehensive mailing list. Leaflets. which were co-written by Echo and CLCA, are being provided by Echo. Cover letter is being written by CLCA board. * Distribution of leaflets and other information at CLCA educational seminars. The next educational seminar is scheduled for September or October. CLCA plans to provide information and usage rules on power blowers at the meeting. * Use of public service opportunities to inform residential users of proper use of equipment. Work has not yet begun on this aspect of the program. We expect this to be the most visible and possibly most effective effort. Staff has been reviewing educational programs developed in other jurisdictions, and will be working with the CLCA to' improve our program. Additional suggestions for education are discussed below, under "Some interesting alternatives" . A typical way to measure the success of an educational program is to compare the number of complaints over time. In this city, complaints about leafblower noise have been so few that a lower number would not be statistically significant. (Our experience contrasts with the city of Los Altos, for example: that city received 386 leafblower complaints in 1991. ) Nevertheless., an educational program can be an effective way to avoid problems and complaints in the future. • Informed gardeners and citizens are likely to be more considerate. 3 . Bans of power blowers. The Council directed staff to discuss the "potential phased sunset of power blowers" . There are many ways to phase out blowers: * Ban all power blowers from all parts of the city. �'��H�� ��Ilfil��pn�►u���U city of San tins OBIspo . rq JNCIL AGENDA REPORT Page 4 * Ban gas-powered blowers only. * Ban all blowers from residential areas only. * Ban gas-powered blowers from residential areas only. * Ban gas-powered first, then electric blowers. * Ban blowers during summer months only. (more common in eastern cities) . Bans can be effective 30 days after final passage of the ordinance, or may be effective at some later date. Most cities that have banned blowers have taken the simplest approach, outlawing blowers in all parts of the city, effective in 30 days. Our latest information indicates that about 16 cities in the United States, 12 of which are in California, have banned power blowers. Seven of the California cities banned gas-powered blowers, four outlawed all types, and one banned gas-powered and "noisy" electric blowers. (One of these cities, Palos Verdes, has suspended the ban because of drought conditions. ) In addition to the above 12 cities, Santa Barbara City banned the use or sale of blowers that do not meet certain noise standards. (Copies of all of these ordinances are available in the Council reading file and in the Community Development Department. ) 3 . Why phase? The Council asked for a . plan to phase out power blowers. Staff's contacts with cities that have banned blowers indicates that only one of these cities provided any delay between the time of ordinance passage and its effective date, and in that case the effective date was four months after passage. In these cities, the number of complaints usually compelled the cities to institute immediate bans. Because of this approach, the banning cities did receive complaints and protests from gardeners and residents who were affected financially by the ban. It appears that the Council's reason for asking for a phasing plan is to make the transition easier for users. Providing time between the passing of an ordinance and its effective date could allow for a completion of a notification program to reach most users within the city limits. With adequate lead time, users would be able to sell or otherwise dispose of their equipment and shops would be able to arrange for stocking of other types of tools. Because the number of complaints in this city has been small, staff suggests that if the Council chooses to ban blowers, that the ban be effective at least one year later. The owner city of San lues OBISp0 i0i r I;OVNCIL AGENDA REPORT Page 5 of the major local supplier of power blowers (Noble Saw) recommends that any ban be effective two years after passage, to give commercial gardeners adequate time to switch to other types of equipment without significant loss. 4. The effects. The January 1994 Council report (attached) briefly outlines the types of effects a ban on power blowers would have. Effects would primarily be on enforcement personnel (the Police Department) , maintenance time (it will take longer to . get the same results) , and water (some jobs will require the use of water if blowers cannot be used) . Because of restrictions on water use, some jobs would not be done at all. Landscape maintenance businesses in other areas estimate that their costs (and therefore their charges) will increase from 20 to 40% if they are to perform the same functions without power blowers. We don't have estimates from local businesses, but a common way to determine cost is to multiply the time spent using blowers by five. If, as is estimated by one local maintenance business, blower use currently accounts for about ten minutes in an average residential job, then the equivalent time using brooms, vacuums, and other equipment would be 50 minutes. Every full-time landscape business owns at least one gas-powered blower, and typically has one blower per crew. City crews and private companies that have contracts with the city will be affected as well. The Public Works Director feels the effects will be "substantial", and that the City will have to accept a lower level of service if a ban is passed and no additional funds are available for alternative services, like sweeping. (See attached memo from Mike McCluskey. ) Enforcement costs are impossible to determine at this time. The Police Department would be charged with enforcement of a ban. Representatives from that department do not expect to be greatly affected by a ban. Cities with blower bans have widely varying enforcement experiences, ranging from "a joke" (West Hollywood) to a minor concern (Piedmont) . Citation averages vary as well, from an average of six per year (Piedmont) to 1-2 per week (Del Mar) . 5. Should this city ban power blowers? Instituting a ban on power blowers is simple. Most of the ordinances staff has reviewed are essentially one paragraph. Enforcement may not even be significant in this city. Little time would be required 'to write or enforce such an ordinance. However, the effects on City staff time should not form the basis of a decision. Staff continues to recommend against banning power blowers. A ban appears to be an over-reaction to problems that are more effectively addressed in other ways. Unlike 5 ����n�► �IIIIII�II�►�Nuu�@�N city of San tins osIspo M"oVVrQVcovers gNCIL AGENDA REPORT Page 6 some other California cities (which have banned blowers) , San Luis Obispo is a water-conscious community of modest means, where large expanses of lawn are uncommon and the use of blowers is limited to about ten minutes in an average maintenance job, much less than is usually spent on mowing, string-trimming, or hedge-trimming. Complaints against blowers are few, and those few complaints are usually directed against a small number of commercial operators. On the other hand, a ban would affect a large number of businesses, residents and the City Parks Department as well. In many cases, a ban could result in higher water use. 6. some interesting alternatives. There are several alternatives to blower bans, ranging from the simple to the extremely complex. Some feasible alternatives: * Prohibit improper use. Several cities prohibit blowing into public spaces or onto adjacent property, require speed control limiters, mufflers, or nozzle extensions, prohibit blowing in certain spaces (within ten feet of openable doors or windows, for example) , or require annual training for all commercial users. * Institute educational proarams. Such programs would include training in appropriate use, targeting use of speed controls, cleanup, avoidance of noise- and dust- sensitive areas, and other related techniques. Such training can be offered by the City or by landscape associations, and attendance would be voluntary. Landscape maintenance associations can encourage participation by informing members that proper use will likely avoid complaints and future official action against blowers. The City-CLCA educational program is only just getting under way. It has not been fully developed or initiated. * Prohibit noisy, higher-polluting machinery. Now that lower-decibel, less-polluting blowers are on the market, some cities (notably Santa Barbara and Irvine) have prohibited the noisier machines from sale or use in the city. Enforcement of such a ban may be by development of a list of "offending" (or complying) machines that can be used by police officers responding to a complaint, or by development of testing facilities and a requirement that all blowers be tested and certified as complying with the standards. Those cities that have this type ordinance typically institute certification programs and require testing every year or two years. Common elements of such programs are: '''��� ►�I�IIp����� `I city of San tins OBISpo re NCIL AGENDA REPORT Page 7 O Designation of City Manager or other official to oversee program; O Annual testing at a location designated by the official; O Attachment of label in conspicuous location, confirming that machine complies with ordinance restrictions; O Training of blower users annually or semi- annually; o Issuance of certificates to users having completed training; O Requirement to show certificates when renewing business tax certificates or when requested by enforcement officer. O Collection of small fee to cover expenses of program. One community (Redondo Beach) is developing a "buy-back" program, using state clean-air funds to purchase older, more-polluting blowers, thereby assisting users in purchasing newer, quieter and less-polluting equipment. The owner of Noble Saw has indicated a willingness to perform the testing and educating functions of this program, if requested, with reasonable compensation. Other equipment suppliers may be interested as well. If properly designed, such a program can be more effective than voluntary programs yet involve little or no cost to the City. ALTERNATIVES 1. The Council may direct staff to return with an ordinance to ban blowers. If this is the action preferred by the Council, staff recommends that the ban be of gas-powered blowers only, and become effective in 1996 (two years after final passage) . 2 . The Council may direct staff to draft an ordinance to ban the sale and use of blowers that create noise greater than 70 dBA at fifty feet at full throttle, measured in accordance with ANSI standards. Staff recommends that . a certification program, as discussed above, be included in the ordinance. 3 . The Council may continue action, with direction to staff. 5- 1 city of San LUIS OBISpo rQ2.14IIVCIL AGENDA REPORT Page 8 OTHER DEPARTMENT COMMENTS Public Works Department comments are summarized above and are attached to this report. Police Department comments are noted above. other agencies, including the Air Pollution Control District, were consulted in 1993 and those comments are included in the January report, attached. Attached: January 25 City Council report Educational program Memo from Mike McCluskey Additional information is available in the Council reading file. Qlly�lypinllll11nl Wlj$ "J f MEETING DATE: IOIpIW uIIIIIIIIII city o san tuts osispo -as COUNCIL AGENDA_ REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Development Directorsn BY: Judith Lautner•, ssociate Planner SUBJECT: Council Stu y Item: Leafblowers Y CAO RECOMMENDATION Review and file information on leafblowers and take no further action at this time. Report-in-brief A citizen (Alan Friedman) has raised concerns with the use of leafblowers in this community. The Council directed staff to review the issue and report to the Council. Staff has obtained information from the League of California Cities, Echo Manufacturing, and Alan Friedman, has reviewed articles on leafblowers at the library, spoken to local dealers, landscape contractors, -the Echo Public Relations representative, the Air Pollution Control District (APCD) , and City enforcement and parks personnel. Essential information has been culled from these resources and is summarized below. * Problems. Problems with leafblowers arise from the noise they make, the air pollution they create, and the tendency of some users to blow debris onto adjoining property, persons, or the street. * Solutions. Manufacturers have developed blowers with lower decibel levels, and noise can be reduced still further by operating the machine at a lower power level. The California Air Resources Board has developed standards to be met by two-cycle engines, which will eliminate much of the chemical pollution. Problems remain with particulate matter (local pollution) and littering. * Leafblower use regulations. Some other communities have adopted laws 1) limiting hours of operation, 2) setting maximum machine decibel levels, 3) prohibiting littering of other property, or 4) banning blowers outright or in residential zones. * The local situation. Few complaints about blowers have been received by City parks, police, or planning staff. Thus, leafblowers are apparently not a large problem in San Luis Obispo. The primary users are commercial gardeners, who use them to blow debris off hard surfaces and out of small spaces, and who do not typically use them for long periods of time. According to observations by police and planning personnel, there is not a widespread use of leafblowers by San Luis Obispo's citizens. At this time, specific action to address leafblower problems does not appear to be warranted. �p city of San tins OBISpo rJPJJNCIL AGENDA REPORT Page 2 DISCUSSION Background On January 20, 1993, the City Council responded to complaints by a citizen (Alan Friedman) about problems associated with leafblowers. The Council directed staff to research the issue and return with information on these machines. The project was delayed for several months because of more pressing assignments, a change in staff, and requests by Mr. Friedman, who wanted more time to prepare a presentation to the Council. EVALUATION 1. What are they anyway? Leafblowers were developed for the commercial landscaping business about twenty years ago. Initially, they were heavy and large, and had to be worn as "backpacks". Only within the last ten years have some become lightweight and inexpensive enough to be attractive for home use. Blowers use gasoline or electricity to blow debris from walkways, grass, game courts, and from rough surfaces, such as rocks. They are also used for cleaning. rain gutters and other hard-to-reach places. They have come to replace brooms, hoses, and other hand-held equipment. During the recent drought, blower sales increased significantly, because many jurisdictions had outlawed hosing down driveways and walks. City crews have been using blowers since they first came on the market. Parks maintenance supervisors estimate that the . City uses blowers for approximately ten hours each week, "to _ clear sand off walks near play areas, to clean curbs and walks after edging turf, to clean sports and tennis courts, and to . blow leaves and debris into piles from hard surfaces. " (See -attached memorandum from Larry Tolson. ) Levels of use by other governmental or commercial maintenance workers or by non-commercial users is unknown. 2. What is the problem? Mr. Friedman's letters focus on three issues: noise, air pollution, and operator behavior. Each of these concerns is discussed in the following paragraphs: How noisy are they? Sound is measured in decibels (dB) , a logarithmic scale. . This means that 70 dB is ten times as loud as 60 dB, and 80 dB is ten times as loud . as 70 dB (and 100 times as loud as 60 dB) . Normal conversation measures about 60 dB, a washing machine 75 dB, an alarm clock 80, a garbage truck 100, and a siren 140 dB. Leafblowers can reach noise levels of 105 dB (Depending upon nearness to the noise source, among other factors, harmful a7��� �IIy�ylll��l�ln'Ill �nll city o san tuts oBispo MEETING DATE: mllp� IIIIII lullUll rCAQJANCIL AGENDA REPORT ITEM NUMBER: Page 3 effects on human ears begin at levels of 80 to 85 dB) . Recent improvements, however, have lowered noise levels of blowers so that some newer gas-powered models produce noise levels lower than 70 dB 50 feet from the source, equivalent to freeway traffic noise at about the same distance. Older models are still in use, of course, and some heavier-duty backpack models are louder. Gas-powered blowers are generally noisier than electric. Many electric-powered blowers measure only 60 dB. The American National Standards Institute (ANSI) has adopted standards for measuring decibel levels of power blowers, and recommends that decibel levels be listed on every machine, so consumers can make informed choices. Newer models made by the larger manufacturers tend to follow the ANSI recommendation. How much do they pollute? . The U.S. Environmental Protection Agency estimates that a gas-powered leafblower produces about twice as much pollution as an automobile, during the same amount of time. (Electric blowers do not contribute much in chemical pollution. ) Two-stroke gasoline engines, such as those used in leafblowers and other hand-held machinery, release the equivalent of five percent of the hydrocarbons emitted by automobiles in this state each year, and four percent of the carbon monoxide. In addition to chemical pollutants, blowers also lift settled dust, allergens, and other fine particles into the air, where they create local particulate pollution. And how are they operated? Manufacturers, particularly Echo, make recommendations on the proper use of leafblowers, suggesting, among other things, that operators clean up debris that has been blown and that they keep an eye out for persons in the area, who might be subjected to unwanted gusts of debris. Unfortunately, some operators do not follow this advice. Therefore, citizens are sometimes subjected to the sound of blowers- and other equipment early in the morning or late into the evening, debris often finds its way into the street and onto property adjacent to the site being cleaned, and at times passersby are hit by flurries of dust, leaves, and other material. 3 . other machinery also presents problems, so why single out power blowers? Hedge trimmers, lawn mowers, string trimmers, rototillers, and power vacuums are also noisy and polluting, in some cases more so than power blowers. Any regulations that restrict the decibel or pollutant levels or hours of operation of power blowers should be applied equally to other gardening equipment. It appears that the unique aspect of power blowers, that raises objections beyond concerns about other power equipment, is the "wind machine" aspect. To be effective, blowers ^ I Q��^Il^'llllln`I� II city o san tuts osispo MEETING DATE: II W IllullA�� ci !! ,,NCIL AGENDA REPORT ITEM NUMBER: r`S'l�eT� Page 4 develop wind speeds up to 300 miles per hour. These wind gusts raise dust and debris that are often consciously or unconsciously deposited on streets or on neighboring property, and in some cases on persons. The blower leaves the attended property clean but in many cases creates a greater mess beyond the property lines. Other equipment does not have this effect. 4. What laws already regulate equipment? The City has a noise ordinance. The ordinance specifically prohibits: 9.12 .050.B.10 Domestic Power Tools, Machinery. a. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between ten p.m. and seven a.m., so as to create a noise disturbance across a residential or commercial real _property line. Further, the ordinance includes a chart of "exterior noise limits" (attached) , that specifies the average decibel levels permitted within different zones during the day and during the night. As decibel levels increase, the time limits lessen. For example, in residential zones, noise levels are not permitted to exceed 55 dBA continuously, from 7 a.m. to 10 p.m. . If that maximum is exceeded by 5 dB, it may do so for no more than 15 minutes in an hour. If levels exceed 65 dB in those zones, they are permitted to do so for no more than five minutes in an hour. Levels of 70 dB are permitted for only one minute per hour. Noise levels of 75 dB ormore are not permitted at any time. It appears that a gas-powered blower (at full power) would exceed these noise limits (in residential zones) , and would -therefore violate the noise ordinance, if operated for more than one minute in an hour. Noise level maximums are higher for most commercial zones. Blowers at full power could -operate in these zones for five to fifteen minutes in an hour without violating the ordinance. Blowers can be adjusted, however, to meet decibel limits. The City does not regulate air pollution. We rely on the Air Pollution Control District (APCD) , to restrict pollution produced within the county, and on the California Air Resources Board (GARB) for statewide regulations. The APCD does not have any regulations on power blowers or similar equipment, and is not expected to adopt such regulations in the near future. The current focus of the APCD is on the larger sources of pollution (source: telephone conversation with Larry Allen, APCD, October 1993) . The CARB has developed regulations, to be implemented in stages in 1994 and 1999, limiting pollution caused by "utility engines". Manufacturers 5- 1 Z city of San lues OBISpo MEETING DATE: rqQ J NCIL AGENDA_ REPORT NUMBER: Page 5 expect to be able to meet the 1994 standards, but expect that meeting 1999 standards will be very difficult. To address blower noise, the City could either choose to step up enforcement of the noise regulations, or add a section to the regulations specifically restricting blowers to a certain decibel level. Staff is not recommending any changes to the regulations at this time (see discussion below - ."How pressing a problem is it. . .?") . Air pollution is expected to be addressed adequately by the CARB regulations. 5. What are other agencies doing about these issues? Several organizations are involved in finding solutions to the above problems. ANSI developed standards for measuring noise levels of blowers, and recommends that decibel levels be listed on each model. The Portable Power Equipment Manufacturers Association proposes 70 dB, as measured by the .ANSI standards, as a voluntary standard that blowers should be expected to meet. (In fact, most manufacturers already have met this standard or expect to meet it soon. ) Manufacturers have developed voluntary "codes of conduct" for operators. The California Landscape Contractors Association conducts classes in the proper use of machinery. Some air quality districts have restricted or banned the use of gas-powered blowers. Several cities within California have either banned blowers or restricted their use. 6. Why not ban them? Mr. Friedman would like the City to ban leafblowers altogether. A few cities have done this. This seems a simple solution that would address all leafblower problems. Mr. Friedman and others point out that many jobs done by the power blower used to be done by brooms, and could be again. Those who *do not use power blowers often tend to see them as superfluous, because there are other tools that can do the same job. The same can be said for any power gardening equipment. Mowers, hedge trimmers, power vacuums, string trimmers, and even chain saws have replaced non-power tools. This equipment allows operators to accomplish tasks they would not be able to do without help or that would take much longer. Given the current level of use (virtually every commercial gardener uses one and many residents do as well) , a ban on power blowers would have an impact on the following: Enforcement personnel. Presumably the Police Department (PD) would be called upon to enforce the ban, especially given that blowers are most frequently operated outside normal business hours, when other code enforcement officers are not working. The noise ordinance also specifies that the. PD respond to violations lasting less than 48 hours. Some other cities have 5-. 13 city 0f San Luis OBISPO MEETING DATE: I� rC;QMNCIL AGENDA REPORT ITEM NUMBER: Page 6 found bans difficult to enforce. Calls on leafblowers would take a back seat to more pressing emergency calls, and by the time officers reached the offender the blowing may be completed and the machinery put away. The San Luis Obispo PD (conversation with Capt. Chelquist, SLOPD, Jan. 1994) notes that in San Luis Obispo, the great majority of blower-users are commercial gardeners. These users would soon become aware of a ban and eventually the primary offenders would be a few citizens. An educational effort, launched along with a ban, could reach most citizens. Time. The National Recreation and Park Association estimates ' that it takes five times as long to sweep walks by hand than by power blower (see memorandum from Larry Tolson, attached) . If the same level of service is to be maintained on City property, the increased time would be the equivalent of one additional maintenance person. Commercial landscape businesses would be similarly affected, if they were to continue to deliver the same services. Citizens maintaining their own property would be spending more time to get the same results. Water. Some powerblower jobs cannot be accomplished with a . broom, and were previously done with hoses. Water usage for these tasks would be expected to go up. conclusion. Obviously, if power blowers were banned, life would go on. City parks and businesses may not be cleaned as often or as thoroughly. Other means may be found to accomplish the work without increasing cost, such as the use of volunteers (in the case of parks) . Cities, such as Los Altos, which have banned blowers, have found enforcement costs _to lower after a few years of issuing warnings and citations. Although a ban is possible to enforce and may have a ..-beneficial effect, before enacting one the Council should make _the determination that the blower problem is large enough to justify the costs.. 7. How .pressing a problem is it in Ban Luis Obispo? San Luis Obispo citizens are active and vocal. One way to gauge the extent of a problem is to evaluate the complaints received- by City departments. The Police Department has received three complaints specifically about blower noise in the last four years. The City's Zoning Investigator has received two complaints in the same period of time. The Parks Division has responded to a few complaints in its own operation of leafblowers by using electric blowers in areas near residences and adjusting hours of operation. It appears that complaints are more frequent in cities where there are large affluent neighborhoods with expansive lawn s- 14- 111111111121111! city of San tuts OBISPO MMMMW r(;QJrJNCIL AGENDA REPORT Page 7 areas. In those areas, it is not uncommon for blowers to be heard all day long. San Luis Obispo's citizens tend to be more water-conscious, and as a result we do not see many large lawns. Blowers in this city are used primarily to blow leaves and debris off driveways, sidewalks, and other paved areas. One local gardening firm estimates that less than ten minutes are spent on blowing in any typical job. It appears that the greatest use of blowers is in the downtown, where leaves and trash are blown off sidewalks every morning. At this time, the leafblower issue does not appear to be a large one in the public's eye. 8. There are alternatives to power blower bans. An outright ban is the most extreme answer to the issues raised by power blowers. Other cities have * restricted hours of operation (for example, allowed operation only between 8 am and 6 pm weekdays and Saturday) ; * required that machines operate below a certain decibel level (blowers can be operated at less than full power, resulting in a corresponding lower noise level. The City of San Diego, for example, set a limit of 65 dB in residential or hospital zones. ) ; * enacted laws prohibiting debris from being blown into the street or onto adjacent property; * prohibited or limited use of gas blowers, but not electric blowers; * enacted bans only in residential zones. There are costs and advantages to each of these alternatives. If .they are to be strictly enforced, each would create an impact on the Police Department or other enforcement persons. Having such laws on the books may result in a high rate of voluntary compliance, however. If the Council is interested in restricting the use of power blowers or other equipment, staff can return with further .information on how effective such measures have been in other jurisdictions, and how effective they would be expected to be here. At this time, further legislative action does not appear warranted. Virtually all power equipment can be operated in a way that causes a problem for others. It may be more beneficial to consider educational programs to address blower problems, rather than punitive ordinances. _ I IQIQJI.W§� city of San lues OBISpo �� NCIL AGENDA_ REPORT Page 8 9. Background information is available. A packet of information is available for Council review, in the Council office. Copies of ordinances and staff reports from other cities, articles on leaf blowers, letters, and press releases from Echo have been obtained from the League of California Cities, Mr. Friedman, and the public relations representative for Echo. ALTERNATIVES A. If the Council believes power blowers present a unique problem for the city that is not addressed by existing or proposed regulations, then it may direct staff to focus on obnoxious aspects of blower operation and return with draft regulations. B. If the Council believes the problems with blowers come less from the equipment itself than from how it is operated, the Council may wish to initiate an educational program, possibly with the assistance of landscape contractors' associations and retailers. such a program can alert citizens and landscaping services of the adverse impacts blowers and other power equipment have on others, and suggest ways to eliminate conflicts. C. If the Council believes the present regulations are adequate to protect citizens from unnecessary noise and pollution, and existing problems with blowers are small in number, then it may find that additional regulation or education is unnecessary at this time. FISCAL IMPACT If power blowers are banned, City maintenance crews will have to 1) be increased by the equivalent of one person; or 2) allocate resources to those areas that are determined to be most important, and clean other areas less often. Enforcement costs may increase. Attached: Memorandum from Larry Tolson ANSI standards for testing sound levels Noise Regulations excerpts A sampling of various articles on blowers Available in Council office: Background information from Alan Friedman, Robin Pendergrast (representing Echo) , and the League of California Cities: primarily copies of ordinances, staff reports, press releases, and articles. 5- l � Power blower educational program * Video: California Landscape Contractors' Association will be receiving a copy of a video on the proper use of small power equipment, including leafblowers. The association will donate the video to the City-County Library. Written educational materials will include references to this video, which may be borrowed at no cost. (Responsibility: CLCA) * Leaflet: Echo, in cooperation with CLCA, has produced a leaflet about blowers, written in six languages. The leaflet contains several "rules" for operating this type machinery, including cleaning up afterwards and keeping the noise down. The City will assist the landscape contractors' association in developing a mailing list and sending out copies of this leaflet to every contractor and property manager on the list, along with a cover letter explaining the wisdom of following the advice. (Responsibility: City and CLCA) * Seminars. The landscape association holds seminars twice a year. A segment of a seminar could be devoted to blowers, or at the least, leaflets should be available there. (Responsibility: CLCA) * Advertising. The CLCA and City will be contacting local papers to find out about public service opportunities. Educational information about blower use will be distributed to these papers, perhaps as a news release. (Responsibility: City and CLCA) COUNCIL ADD D!R CAO D FIN DIR PAEE, . .,; AGENDA 7 �ALAO ❑ FIRE CHIEF DATE, 3.9 ITEM # ATTORNEY �f4Y DIR rMay 2 , 1994 LERX.Oma ❑ POLICE CHF "- ;4(f TEAK ❑ REC DIR D r' lF7 i ❑ C READ FILE O UTIL DIR F/C>= ❑ PERS DIR MAY - 3 194 MEMOS N'DL7M .J i TO: City Council PL'?lIC � VIA: John Dunn, City Administrative Off icer' FROM: Mike McCluskey, Public Works Director SUBJECT: Leaf Blowers At the last City Council meeting, the Council took action to create an ordinance change to the hours of operation for leaf blowers . The change in hours impacts. the City's ability to maintain its parking lots and parks. Our current contract for services of parking lot clean up allows the contractor the choice of hours of operations of 'pc;aer leaf blower equipment starting at 7 : 00 a .m. As a result of the proposed change in ordinance, we will be in violation of our own contract for services. Due to the new change, and due to the proposed change in the ordinance, we will enter into negotiations with the contractor. Depending upon those negotiations, we will either be forced to accept a change in the level of service (i. e. less cleaning) of City facilities or an increase in City expenditures to allow additional personnel to perform cleaning services in the remaining hours available within the contract. Per the minutes of tiie April i9, 159; neeting the City Council also directed staff to bring back, at the first meeting in September, a proposal to limit gas powered blowers and the potential for a phase sunset of power blowers all together. The proposed regulations to eliminate power blowers will have a substantial impact on staff' s ability to clean City parks. Part of our ability to perform more work with less manpower, is our ability to use modern technology, i. e. power blowers. If the Council's concern with power blowers is noise7 pollution, power blowers are currently available that the City could purchase with substantially reduced levels of noise, i. e. below 70 dba. if the Council's concern is particulate matter given off by powered gas blowers, staff can switch to electric powered blowers in most areas. As cleaning parks with water powered equipment is prohibited, the only option remaining after elimination of power blowers would be hand sweeping. With existing staffing levels, we would be unable to hand sweep the existing parks to achieve the same level of service of cleanliness. M3Y ; 1994 5/(y 7-1'CLEPK Leaf Blowers Page Two -- Therefore, I would urge the Council to consider making the following changes: ' 1) Reinstitute the time for commercial leaf blowing operations to' 7 : 00 a.m. This would allow existing contractors to service the downtown parking lots in the manner they are currently doing, with no impact to fiscal or manpower considerations. 2) Articulate to the Community Development Department staff your desires for either reduction in noise pollution or particulate pollution, and allow staff the flexibility to address your concern while having access to the modern technologies which allow us to maintain our levels of service. Ite'blow/mm2 S-19 SEP-16-94 13 :40 FROM: IME - ID: 81[fR03 AGEND/'1AGE 2 TE -ZD'��ITEM # S �II�EC�f/D ECHOINCORPORATUO 600 OAKWOOD COAD rAKQ ZURICK IL ZIP 00047-1584 E7083 540-8400 (7081 640-0413 FAX via Facsimile IV UNCIL CDD DIR 13 RN DIR 550'AO September 16, 1994 ❑ FIRECKEF Mayor Peg Pinard IORNEY ❑ rDIR City Council Members CLERKORIG POLICE CHF City of San Luis Obispo ❑ MGMT TEAM ❑ REC DIR 990 Palm Street ❑ -aRE'ADDFILE - ❑ UTILDIR Post Office Box 8100 ❑ PERS DIR San Luis Obispo, CA 93403-8100 Dear Mayor Pinard And City Council Members: We understand that there is a city council agenda item scheduled for Tuesday evening September 20th relative to leaf blowers/power blowers. Due to a schedule conflict we cannot be in attendance but want to participate if we can. Previously we have met and talked with Judy Lautner and Larry Tolson regarding this issue. First of all, I would like to applaud Judy Lautner for an excellent council agenda report based on information that has been obtained through us and other sources that she has worked with. We know that the recommendations that have been made within this council agenda report are not only practical but will work. we also know that more than 220 communities that we have worked with throughout the United States have restrictive legislation, specifically ordinances that ban any lawn and garden equipment and that these ordinances are impractical, essentially unenforceable and potentially a legislative nightmare. Our objective, however, is to offer our support in the process of providing a realistic and productive approach to the utilization of all lawn and garden equipment. . .not just power blowers. While the practical implications, the efficacy of the technology and the educational programs that have been structured are well defined in the agenda report, we want to make absolutely sure that the council understands that the program and structure is in place to accommodate many of the specific needs and problems that have surfaced in San Luis Obispo. There is obviously an economic impact that effects landscapers, dealers, distributors, manufacturers and even consumers (homeowners) but from our perspective the specific concerns raised by constituents such as the recent letter in the San Luis Obispo newspaper from Mr. Friedman warrant a response based on facts. RECEIVED SER 1 6 1914 CITY COUNCIL SAN LUIS OBISPO,CA SEP-16-94 13 :41 FROM: IME ID: 815363OS33 PAGE 3 September 15, 1994 Page Two We strongly feel that the structure is in place to dramatically diminish the alleged complaints, but at the same time providing a practical overview of this most important and versatile product. As I mentioned to Judy, we are available as a resource at any time to implement whatever programs are necessary to provide support to eliminating the problem including the power blower educational program. Tim Peterson from Noble Saw has become a very important component in this process and is committed and dedicated to accommodate the request of the city of San Luis Obispo council . I will follow up with Judy and Larry. Cordially, Robin F. Pendergrast cc: Judy Lautner Larry Tolson 011ie Peacock Steve Clark Tim Peterson MEETING AGENDA VCALIFORNIA 2._._�1TEM LANDscAPE CONmcroRs ,-AssoamoN RECEIVED " SEP. 2 0 1994 O CITY COUNCIL p Se tember 20, 1994 SAN LUIS OBISPO... A Honorable Mayor and City Council, In May 1994, the city council passed an ordinance limiting hours of use for power blowers in the City of San Luis Obispo. The San Luis Obispo chapter of the California Landscape Contractors Association supported the ordinance and was helpful in offering assistance. We have since worked with city staff in an effort to implement the measures of the ordinance. It is our belief that the most rational solution to the problem has been identified, ie. a process of education to inform users of appropriate and courteous use of the machines and by limiting their President hours of operation. We also encourage and promote the following: BRUCE COURTIER Day Star Enterprises (805)237-1420 It is the responsibility and duty of the San Luis Obispo CLCA members to educate and train employees on the proper use of Vice President-Membership leaf b 1 owe rs. JOHN RUGGIERO The leaf blower was developed to respond to previous drought Progressive Gardens conditions and is still important in the conservation of (805)237-0672 water. president-Programs The CLCA encourages manufacturers to research and produce new ROBERTMORA products, additional equipment, and educational materials to Mora Landscaping protect the consumer. (805)461-4889 Any regulations pertaining to leaf blowers should apply to all Treasurer of the following: private (homeowner/user), business DUANE MORRIS (contractors, gardiners) , industrial (manufacturers, San Luis Gardens janitorial) , and government (public agencies) . (805)541-1775 The SLO chapter of the CLCA favors continued research to Secretary protect consumers and industry employees. SCOTT CHRISTIAN The SLO chapter of the CLCA do not favor any out right ban on Central Coast Xeriscapes the b 1 ower. (805)466-6708 Your local chapter of the CLCA has had many of its members JAKE BDirectors instrumental in helping the City of San Luis ObispoJAKE in its efforts STEVE ANGLEY to make the city a better place. We 'have been active participants DANTE D'ALFONSO in the Drought Tolerant Demonstration Garden, the city's drought DICK GILBERT information fairs and the landscaping of the homeless shelter. We LLOYD GRACEY would ask for the city's help in a practical and fair solution to TOM SMITH this situation. AMO Representative GLORIA STOLTZ Sincerely, Hunter Industries (805)528-7577 —/CO(1NCIL DD DIR QA6 ❑ RN DIR Duane Morris R'" O ❑ 5K-CHIEF C la Landscape Chapter President cc Q'P%"R Co,._.-ctors Association,Inc. CLCA CLERK/ORIG LICE CHF P.O.Box 3978 ❑ MGMTTEAM O REC DIR Paso Robles,CA 93447-3978 ❑ C READ LE ❑ UTIL DIR (805)237-1420 are_ ❑ PERS DIR