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HomeMy WebLinkAbout02/18/1997, 3 - POWER BLOWERS council "73: j acEnda uEpout „�N• CITY O F SAN LUIS O B I S P O FROM: Arnold Jonas, Community Development Director Prepared By: Judith Lautner, Associate Planner SUBJECT: Power blowers CAO RECOMMENDATION Affirm previous Council position on power blowers: retain hourly limits and continue with educational program. DISCUSSION Background On January 20, 1993, the City Council responded to complaints by a citizen about problems associated with leafblowers. The Council directed staff to research the issue and return with information on these machines. On January 25, 1994, the Council reviewed a report on these machines, which recommended an educational program and operational restrictions to address issues. On April 19, 1994, 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 an educational program. In October 1994, the Council changed the regulations to allow blowers to be operated outside residential areas from 7 a.m. to 6 p.m., rather than from 8 a.m. to 6 p.m., and asked that staff return with a report addressing decibel limits for blowers, including a certification program to assure enforcement of the noise limits. The idea and a draft ordinance was presented to the Council on March 19, 1996 and was rejected by the Council because it was seen to involve too much paperwork for a relatively small problem. After receiving complaints from several citizens in November 1996, the Council asked staff to place power blowers on the agenda once again. EVALUATION 1. The issue has been discussed several times. Most of the members of the present Council have discussed power blowers on more than one occasion. Previous reports discuss what blowers are, what good they do, what the effects of a ban would be, what improvements are being made by the industry, how power blowers are misused. These reports are available in the Council reading file. This report summarizes some of the high points of previous reports and provides updated information. 3-/ Council report: Power blowers Page 2 2. Los Angeles recently outlawed gas-powered blowers. All of the letters on leafblowing recently received by the Council have mentioned the action by the Los Angeles City Council in early November. At that meeting, the L.A. Council voted 10 - 3 to ban gas- powered blowers, and to impose fines on gardeners and on their clients when this law is broken. The law goes into effect this March. The law makes use of a "noise abatement team" within the Police Department, which is able to impose the fines. Reports of that city's action predict that enforcing this law will be a low priority for L.A. police, however. A copy of the Los Angeles Tunes article is attached to this report. Representatives of our police department have previously stated that blower complaints, regardless of which law is passed, will be given lower priority status than more serious calls. 3. If gas-powered blowers are banned, Pollution from these machines will decrease. Electric blowers do not directly pollute the air. Both types create temporary particulate pollution. Noise from blowers will, on average, be lower. Electric blowers tend to be quieter than gas-powered, although newer gas-powered blowers are as quiet as electric. It is likely that fewer citizens will be annoyed by the these aspects of these machines. Even if gas-powered blowers are banned, some aspects of power blowers would remain. Thoughtless users of electric blowers would continue to blow debris onto passersby. Gusts from the blowers would continue to create little storms of debris, often irritating allergy-sufferers. If gardeners are forced to eliminate their gas-powered blowers, they may pass on the cost of electric replacements (or use of brooms and water) to their customers. To hold costs down, customers may choose to have less work done and landscaping may not be cleaned up as thoroughly. 4. The blower industry is addressing the noise and pollution concerns. Staff continues to believe that the benefits of allowing gas-powered blowers in the city outweigh the disadvantages, because these blowers are more powerful, mobile, and versatile and thus the preferred choice of most gardeners, and the drawbacks of their use are being addressed through design. Newer models are much quieter (70 dB and less) than many in use today, and are more efficient, thereby producing less air pollution. Staff believes that over time these aspects of blower use will become less of a concern. 5. A ban would not address the primary concerns. A ban on gas-powered blowers would eliminate two concerns: pollution and noise. Other gas-powered garden equipment produces greater pollution and more noise. There are other reasons blowers get singled out for special attention, and a ban on gas-powered blowers will not address these reasons. 3-2 Council report: Power blowers Page 3 There is a perception by many that blowers do nothing except blow debris from one property to another, or to the street, or onto innocent passersby. It is irresponsible use that gives blowers a bad name. Responsible users, like the City's crews, clean up debris after blowing and discontinue use when other persons are nearby. These users point out that blowers do a good job of cleaning, save time, and replace water, brooms, and other implements. The perception that blowers don't do anything is persistent, however, and causes citizens to object to the noise and air pollution from blowers when they do not object to the same from other gas-powered equipment. 6. Alternatives. The Council may wish to consider the following alternatives: Ban all blowers. If enforced effectively, a total ban would eliminate all blower concerns. Experience in other communities indicates that enforcement calls would initially increase but after a year or so decrease to previous levels (as users learn that blowers are not allowed). A ban would force blower users to find other means to clear driveways, walks, grass, and other areas. Costs to gardener clients may increase or some work may not be done. Costs of maintaining City parks and other property would increase. Ban gas powered blowers. Noise and pollution concerns would be addressed. User behavior concerns would not. Costs to gardeners and their clients would likely increase to cover the cost of using new or alternative equipment. Electric blowers cannot be used in all instances that gas-powered blowers are now used, because 1) these blowers are not as powerful, 2) electric outlets are not always immediately available, and 3) battery-powered blowers only last about 20 minutes on a four-hour charge. Pass a law addressing inappropriate use of blowers. Staff presented such a law at a previous hearing, as part of the package that would limit decibel levels. Elements of such a law may include 1) a requirement that deposits of debris be cleaned up and not be placed on other property or the street (by any means, including brooms), 2) a prohibition of blowing within ten feet of open doors or windows, 3) a requirement that blowers be directed away from passersby. Enforcement of such a law may be difficult, but voluntary compliance may result in less need of such enforcement. Further restrict time limits. Currently, blowers may be used any time between the hours of 8 a.m. and 6 p.m. in residential areas. A blower may be used for any length of time during that period. The Council may want to impose limits on how long a blower may be used continuously. Enforcement would be difficult but may be effective in cases where abuse of the law is frequent. Limit decibel levels. Staff previously developed an ordinance restricting decibel levels of blowers to 70 dB maximum at a distance 50' from the blower, which included a testing and certification procedure. This proposal can be returned to the Council. .3 3 Council report: Power blowers Page a Step up the educational program. Community Development and Parks staff are responsible for the City's educational program. Currently, staff is developing a leaflet explaining the City's time restrictions and emphasizing proper use of equipment. This leaflet will be distributed to equipment supply stores and will be given to all gardeners applying for business tax certificates. If directed, staff can develop programs that are more visible. However, such programs would require a greater amount of staff time. CONCURRENCES The Public Works Department, Parks Division is opposed to a ban of blowers, either gas-powered or total. Currently, about 15 hours of staff time are spent each week using blowers in public areas. This time would be expected to increase to about 75 hours if brooms and other means are required instead. A change to electric-powered blowers would still involve the use of other equipment where the limitations of electric-powered blowers make their use inappropriate. Police personnel have previously stated that if a ban is imposed, the effect on the department would be minimal. The ban would be one more law to enforce, and enforcement would depend on time available. Other departments do not use blowers and therefore have no position on them. FISCAL IMPACT If gas-powered blowers are banned, the City would need to replace its blowers with electric blowers. The City has approximately 15 blowers.at present. If all blowers are banned, the City would need to increase manpower time to allow for sweeping or use of other equipment. Enforcement calls to the Police Department will increase. ALTERNATIVES The Council may direct staff to return with ordinances to ban gas-powered blowers, to ban all blowers, to limit decibel levels, to restrict continuous blower time, or to encode operator behavior restrictions, or direct staff to place greater emphasis on the educational program. Anticipated results of these actions is discussed above. Attachments L.A. Times article on blower ban Letters from citizens 3� / U i Council OKs.Ban, Fines ` ` BLOWERS 4L7, on Gas Leaf Blowers Continued from B1 M 5 ', '°&ofi mean they will charge higher rates to use brooms and water hoses instead of powerful blowers to clear away.: ® Environment: Law 2110WS penalty Of Up leaves and grass clippings. "If blowers are banned,it's going to make our work to$1,000 for gardeners,employers. Kn that much more difficult," said Roy Imazu, a San By HUGO MARTIN Fernando Valley gardener and a member of -the . By H srn)F ART(RITER Southern California Gardeners Assn. The vote was a victory for Councilman Marvin Gardeners and their employers will soon be fined up to Braude, a retiring 31-year City Hall veteran who has $1,000 each for operating gasoline-powered leaf blowers in backed such a ban for several years. He has argued . residential areas, the Los Angeles City Council decided that gardeners have the option of using electric Tuesday. blowers, which do not To the cheers of dozens of homeowners—including :generate the exhaust or. television actresses Meredith Baxter and Julie Newmar— noise of gasoline-powered the council voted 10 to 3 to ban leaf blowers within 500 feetdevices. The city is not., . of residences starting in March. The city is not immune Immune to the The action brought the city in line with more than 40 to the ban. The city's De- ban, The city's other California municipalities that have restricted blowers partment of Recreation due to concerns about noise and the health hazards of dust and Parks owns 150 Baso- department of. and exhaust. line-powered leaf blowers Recreation and . The vote formally ratifies a measure that the council. for gardening. The de endorsed in May.But the council also added a provision to partment is requesting Parks owns 150 the new law that penalizes homeowners and others for funding next year from gasoline-powered hiring gardeners who illegally use the blowers. the council to replace most leaf blowers for The ban came despite the appeals of about 60 gardeners of them because they are who attended the meeting.They warned that the ban will more than 2 years old. gardening. Please see BLOWERS,B6 Dick Ginevan, a parks manager for the depart- ment, said city workers routinely use blowers to clear off leaves and grass ;clippings around city parks and libraries. But he said that over the past few years—as the blower ban has made its way through the city's i legislative process—park workers have turned to EC E IV ED using brooms, rakes and water hoses in residential •areas. NOV 1 51996 It does cause additional costs for us to use different (means to clear away leaves and other debris,"Ginevan .ITY OF SAN LUIS OBISPOsaid. ••.M Imrry nc�ml recur•" An earlier version of the ban imposed fines only on the gardeners,but,at the request of Councilman Mike Hernandez, the council voted to also fine those who hire the gardeners, saying they should be held responsible as well. Under the amendment,an existing"noise abatement team" within the Police Department will have the option of imposing a fine on either the gardeners or the homeowners or both,said Keith Pritzker,an assistant city attorney who helped write the ban. Despite strong emotions on both sides of the issue, he predicted that the ordinance will not be a high ' priority with police. Councilwoman Rita Walters, who joined Council- men Joel Wachs and Richard Alatorre in opposing the. ban, was cheered by gardeners when she called the 'ban an elitist measure 'that would benefit, rich homeowners at the expense of low-income gardeners. The South.Coast Air Quality Management District also joined the fray Tuesday by issuing a report that blamed leaf blowers for spewing 5.6 tons of hydrocar-. bon emissions per day into the region. But the AQMD report said leaf blowers don't ..: generate as many hydrocarbon emissions as lawn mowers, which emit 7.4 tons per day, or edge !3�, trimmers;which spew 7.6 tons. 5' l�-13 l� RECEIVED 1 NOV_i 44. 19" clnr couNcu: NCIL r4 1 Council OKs Ban, Fines on Gas Leaf Blowers W P- ■ Environment: Law allows penalty of u to$1,000 for gardeners,employers.By r / HUGo MARTIN L � Q`` 'e, t!S p TIMES STAFF WRITER � L _ n Gardeners and their employers will soon be fined up to / are S �-�✓ $1,000 each for operating gasoline-powered leaf blowers in residential areas, the Los Angeles City Council decided S !/ Tuesday. To the cheers of dozens of homeowners-including television actresses Meredith Baxter and Julie Newmar—. cS A"� the council voted 10 to 3 to ban leaf blowers within 500 feet Of residences starting in March. U �S The action brought the city in line with more than 90 '1L."v,Y cal• Com( other California municipalities that have restricted blowers �— due to concerns about noise and the health hazards of dust and exhaust. The vote formally ratifies a measure that the council endorsed in May.But the council also added a Provision to the new law that penalizes homeowners and others for hiring gardeners who illegally use the blowers. The ban came despite the appeals of about 60'gardeners who attended the meeting.They warned that the ban will Please see BLOWERS,B8 (rT �✓ r-S de US U J% be `k � ` p �,�,;, e � � IrS- Lr7 , d v TED RuETER Mayor Allen Settle4 �v" �.t&V/1_4 (� November 18, 1996 (•� City Hall 990 Palm Street San Luis Obispo, CA 93401 Dear Mayor Settle, I am writing to encourage the SLO City Council to ban leaf blowers! I can't believe that an intelligent, progressive community like San Luis Obispo allows these loathsome generators of noise pollution! They are the dumbest invention of all time! What do they do? Do they collect leafs? No--they just spread them around. And if they're so great, how come every person who uses them wears ear protectors? These things are ridiculous and annoying, and they should be banned. Berkeley has banned leaf blowers. Beverly Hills has banned them. And now Los Angeles is banning them. San Luis Obispo should ban them. I look forward to hearing from you. Siou�rs,7 � Ted Rueter RECEIVED NOV � ii IM CITY COUNCIL CAN. I I've no1SM.I`.4 1241 Johnson Avenue, Suite 119 • San Luis Obispo,CA 93401 Phone (805) 544-7144 email: tedrueter@aol.com • http://www.tedrueter.com S-7 --- -- n �arroli 1601 MEETING AGENDA DATE .&-97 ITEM # MAiNO CARROLL & GALLAGHER Post Office Box 1025 (805) 541-0178 San Luis Obispo, Ca. 93406 Fax (805) 541-0178 Mayor Allen Settle and Council Members February 18, 1997 RE: City Council Agenda Item Gas BIower As an owner of commercial property in the Downtown area it is essential to keep the sidewalks and parking lots free of leaves and debris inorder to present our improvements to both tenants and clients in the best possible manner. We have a parking lot for 55 automobiles, sidewalk on four sides of the building and extensive landscaping. The ability to use a gas blower is time effective, efficient and causes the least disruption for my tenants. If we are unable to use a blower my alternatives are to wash down (waste of resource, increased liability, increased time/disruption, increased cost), hand broom (increased time & cost to point of impractical) or leave the parking lot and sidewalk full of debris (unacceptable maintenance and appearance to public and tenants). Let's keep the blowers in the Downtown. Thank you for your consideration. ® coUNCIL CDD DIR B�;(AO O FIN DIR CAO ❑ FIRE CHIEF �TrORNEY ❑ PW DIR CLERWORIG ❑ POUCE CHF ❑ MGMrTEAM O REC DIR Howard Carro 1 C3 C READ FILE O UTIL DIR Merrill Lynch Building I ❑ PERS DIR Ll RECEw It® PCD CITY COUNCIL nn �n Retain this document for fut Ire Council meeting Dear Mr. .Roleman, 2_3_97 Re: Blowers. Date, if agendized State Air Quality Standards shifted the focus away from petrochemichals last, year in order to study particulates (dust). Blowers are some of the worst offenders because they stir up the, dust. As a .dust sensitive person I must wear a mask for irotection. I iNish everyone.who was sensitive could carry a -mask. If you watch a Jerson's reaction.to a blower you'll unmask an. anger that is yet inarticulzite. The truth•is that.the dust stirred up is rich in deadly bacteria The truth is' that the population needs protection. h suggest funding the development of a quiet; electro-magnetic vac-blower that actually collects the dust. It would take less than a year .to.design and test. With the wealth of engineers at the local institution the City would end up with a quality, .workable,. econom �. CDD DIR design that would give the gardeners a nice new piece of equipme O FIN DIR .buy and show off. -O:ne that would demonstrate that the City is D FIRE CHIEF supportive of gardeners and the public. 13 PW DIM ®�O O POLICE CHF To simply say,"No." to blowers is not the sollution. O MGW Tom+ ❑ REC DIR D C ❑ UTIL DIR A Gardener; _ �• D PERS DIR REL+EI 'R/'G®- M chael,Manion FEB .542-9294 CITY COUNCIL My thoughts. . . .'tETING .AGENDA For our consideration E. al-/Y- 97 ITEM #; y . . From: Jerry Dagna (toos/o@msn.com) 1845 Vicente Drive San Luis Obispo, CA 93405 Home: 805-544-6557 Fax: 54'-0193 To: Mayor Allan Settle Fax +1 (805) 781-7109 The issue: LEAF BLOWERS ' My thoughts•• Thank you for time.. My wife and I have lived in San Luis for 14 years..We have five wonderful sons. All 4 voting members of my hosehold strongly urge you to to vote "NO" on the issue of banning leaf blowers. We already have a city law concerning blowers, and we don't need another law that cuts into our personal rights. Our city has so many more important issues that desperatley need your time and your guidance of our valuable city staff. I urge a 5-0 vote on this issue! There is so much unity and healing in 5-0 votes. Lets do that wherever we can. This would be a perfect issue for a unanimous council vote. I am always available to further discuss this issue with you. Thank you for all the time you committ to our city. Sincerely: Frankie & Jerry Dagna, Justin Dagna@Cal Poly, Adam Dagna@Cuesta F CDD DIR❑ FlN DIR❑ FIRE CHIEF O PW DIR >G ❑ POLICE CHFM O RECDIR tE ❑ U11L DIR O PERS D] CITU COUNCIL rn