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HomeMy WebLinkAbout10/07/1997, 2 - POWER BLOWER COMMITTEE REPORT AND PROPOSED NOISE ORDINANCE AMENDMENTS council j aGEnaa nEpont CITY O F SAN LUIS O B I S P 0 FROM: Arnold Jonas, Community Develop ent Director �0 Prepared By: Judith Lautner,Associate Planner SUBJECT: Power blower committee report and proposed noise ordinance amendments CAO RECOMMENDATION 1. Review final report from the City's Power Blower Committee; 2. Adopt Negative declaration of environmental impact; 3. Adopt an ordinance modifying the noise regulations to prohibit use of blowers on Sundays and require a maximum noise output of 70 dBA at 50 feet from the blower; and 4. Review the draft education program. Make suggestions or requirements as appropriate. REPORT-IN-BRIEF The City Council has discussed power blower use in this city on several occasions. In February 1997, the Council directed staff to draft amendments to the noise regulations, to prohibit blower use on Sundays and to limit noise levels from blowers to 70 decibels at 50 feet from the blower. The Council also directed staff to create a committee of volunteers to develop a more effective education program,to educate users and detractors of power blowers. The amendments have been drafted and the committee formed. The committee has met four times and has developed an educational program. The primary element of that program is the creation of a flyer to be distributed widely and kept at shops where blowers are sold. The flyer would spell out the City's laws exactly,provide tips for proper use,and explain how the laws are enforced. Other elements of the education program include enhancing police response, creating newspaper advertising, and re-writing the noise regulations. Not all of these elements will necessarily be implemented. The Council should adopt the amendments and review the education program. 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. On January 25, 1994, the Council reviewed a report on these machines. After public testimony and discussion, the Council directed staff to work with the California Landscape Contractors' Association (CLCA) to 1) prepare amendments to City 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. am?—/ Other 2-97 Power blower noise amendments and education program Page 2 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. 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. 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 an ordinance setting decibel limits for blowers, including a certification program to assure enforcement of the noise limits. Such an ordinance was presented to the Council on March 19, 1996 and rejected because it was difficult to implement. On February 18, 1997, the Council once again discussed blowers. After taking testimony from several citizens, the Council directed staff to return with changes to the noise regulations prohibiting blower use on Sundays, and limiting noise levels to 70 dBA at fifty feet from the blower. The Council also directed the Police Department to start logging blower complaints and directed staff to establish a committee of volunteers to report to the Council on suggested ways to "educate users and detractors about the different types of equipment." Staff was to report on the makeup of the committee, its charge and specific procedures. The draft amendments to the noise regulations are complete. A volunteer committee has met four times and developed a series of recommendations on noise ordinance amendments as well as a new and improved draft education program, part of which is underway. Evaluation 1. Committee report and recommendations. A volunteer committee has been created. The membership of the committee has varied over the times it has met, but generally consists of representatives from the landscape maintenance industry, an acoustical engineer, and City public works and planning staff. At the first meeting, volunteers were given the direction provided by the Council in February (see minutes of that meeting, attached). The direction was to"educate users and detractors about the different types of equipment." A brainstorming session was conducted. In the following meetings the committee solicited additional comments and information from blower advocates and opponents and the Police Department. Some conclusions were drawn: The primary noise problems come from blowing in the downtown area and in shopping center parking lots. This work has to be done at times that businesses are closed or have little business. Therefore, some maintenance crews use blowers in the middle of the night, particularly in shopping center lots (in violation of regulations). Public parking lots downtown are maintained under contract to the City, and therefore these workers have been required to use blowers only during the allowed hours. Meeting the City's current requirements results in a quandary: when blowers are used in parking lots only after 7 a.m., the operator must work around vehicles and persons arriving for work. According to landscape contractors on the committee, it takes about twice as long to clean parking lots after seven than before. This means the noise continues for longer periods and more a -� Other 2-97 Power blower noise amendments and education program Page 3 people are offended by the noise and dust. On the other hand,downtown residents are sometimes awakened by blowers used before seven. Noise concerns are not restricted to leaf blowers. Citizens invited to committee meetings expressed concerns with sidewalk steam-cleaning operations, construction noise, and other power equipment. There were recommendations to prohibit construction activity on Sundays and holidays. Because construction and steamcleaning is different from yard work, the committee was not in a position to comment on or make recommendations on these other areas. It would not be inappropriate to regulate other power gardening equipment use in a manner similar to that of power blowers. If the Council chooses to pursue such an option; it should provide specific direction to staff. An education program has been drafted. The committee and its guests came up with many ideas for a)informing users of the City's laws on power blowers; b) encouraging appropriate use of blowers; and c) letting people know what to do when these laws are broken. A copy of the . draft education program is attached.The following paragraphs explain parts of the program. a. The flyer. The primary element of the program is the creation of a flyer that is specific to San Luis Obispo. The flyer is to let people know, in a friendly manner, exactly what the law says. It will also provide tips on proper use and who to call for apparent violations. A copy of a draft version of that flyer will be available at the Council's meeting. The committee recommends that the City send the flyer out in all water bills, distribute it to all businesses within the city and most of the county that sell power blowers, send it to all known landscape maintenance persons who work within the city limits, distribute it at meetings of the California Landscape Contractors' Association, to the Cal Poly Ornamental Horticulture Department, and any other relevant organizations. Copies would be handed to persons applying for business tax certificates for landscape maintenance. This broad-brush approach is intended to reach most residents and gardeners in the city. b. Police response. Enhancing Police effectiveness was also high on the committee's list. Complainants have said that when they call the police, citations are rarely issued and the responding officer normally does not appear to know what the regulations say. As directed by the Council, the Police Department (PD) has created a separate code for power blower calls, so that the number of complaints may be more accurately tracked. Noise violations are misdemeanors, which means that the officer must actually see and hear the violation before he or she can issue a citation. Because most blowing is done in a matter of minutes,the officer often does not have an opportunity to observe the blower in action. In these cases, the complainant is often dissatisfied with the response to the complaint. In 1997, a total of seven calls were logged in under the new blower code (5314). One of these resulted in a citation. It is possible that some calls were taken and logged 2 Other 2-97 Power blower noise amendments and education program Page 4 under a separate number, but that is possible with any type of call. This number is consistent with the numbers in previous years, and indicates that blower complaints are still not high in number. The committee determined that there are two ways the PD can enhance blower enforcement,without the need to create a whole new program: • Education.. The noise control officer can make sure that beat-duty officers are made aware of the hour restrictions. • Use "FI cards". The police are authorized to use "Field Interrogation cards" where there are "suspicious circumstances". The officers who are called for a blower complaint can be directed to take down the name and address of persons suspected of using blowers in violation of the regulations (in cases where citations cannot be issued). These names would then be given to the persons responsible for mailing informational flyers, and letters with flyers would be sent to the alleged offender. If the same operator then violates the law at a later date, the officer would have a record that he or she had been informed and may choose to step up enforcement efforts. Although these small changes can improve the effectiveness of police response, possibly the greatest change needs to take place in public expectation. Complainants often do not understand why officers cannot write citations for violations they do not themselves observe. The flyer and other educational efforts are expected to help improve that understanding. C. Other efforts.The committee established the following as medium-and low- priority on the education program. These ideas would be pursued if determined necessary after the high-priority items are implemented: Plain-language noise ordinance. Many members of the committee confessed to some confusion in reading and understanding the way the ordinance is now formatted and written. An admirable goal for the committee is to rewrite at least that section that deals with power blowers, so that it is immediately comprehensible to most citizens. Newspaper advertising. Eye-catching, graphically-intense display ads could be produced, that provide simple tips for consumers, in a format similar to that used by the Utilities Department in its current public relations campaign. The blower campaign would not be as large or elaborate as Utilities', but would be fairly regular. For example, ads may be produced quarterly. A related possibility is the addition of blower laws and tips to the City's web pages. Cost for this item could vary widely, depending on the type of ad (display or public service), its size and frequency of publication. Other 2-97 Power blower noise amendments and education program Page 5 Blowerfest. An event at Mission Plaza or elsewhere, offering information, demonstrations, tips on how to get the most from a blower efficiently (and with less pollution). The event could be stand-alone (not likely to attract a large crowd)or part of some other related event. Other ideas will be reviewed further as the high-priority projects are completed. The committee has been meeting monthly, and is scheduled to meet again on October 15, to review the Council's actions on this item, finalize the design of the flyer, and pursue any next steps. The committee's work is essentially complete, with the exception of follow-up review and assistance as necessary. Meetings in the future are expected to be called less frequently. 2. Noise regulations changes are made. Amendments to the noise regulations have been drafted, that limit decibel levels and prohibit power blower use on Sundays. These changes are incorporated into the attached draft ordinance. The power blower committee discussed prohibiting blowers on holidays as well, to preserve the quiet for several extra days per year. However, there was concern that people would not know which holidays are affected, and that holidays are the only chance for some residents to do many maintenance jobs around the home, and many of those jobs require a power blower. For these reasons, the committee supports the prohibition on Sundays but not on holidays. The City's parks maintenance supervisor is concerned about prohibiting the use of all blowers on Sundays. The Jack House property is usually maintained on Sundays, with the use of electric blowers. The minutes refer to blowers, with no distinction in kind. If it was not the intent of the Council to prohibit all blowers,the regulations can easily be amended to correct this. The committee's acoustical engineer and the Police Department representative have both commented that regulations limiting decibel levels are not likely to be enforceable, except in extreme cases where separate testing is worthwhile. Sound measurement is not simple and is affected by many variables in the environment. The only fair way to determine if a machine does not exceed the 70 dBA limit is to test it in controlled circumstances, an option not normally available to the average police officer. However, it is appropriate to have such a limit in our ordinance. This regulation can be used to sway blower buyers toward the quieter machines. Virtually all new blowers are being manufactured to meet this standard today, and are marked by stickers on the machines themselves. But many older-built machines are still on the market. It will still take a few years to phase out all of the older,noisier,more-polluting machines. CONCURRENCES Public Works Parks maintenance staff is on the committee and is interested in retaining the ability to use power blowers in maintenance of all City properties. The Police Department notes that education is good, but also that increased knowledge of the law may lead to a greater number of complaints. Other departments have no concerns with blowers. —S Other 2-97 Power blower noise amendments and education program Page 6 FISCAL ITWPACT As currently constructed, the education program is expected to cost $1,000 for flyer reproduction and mailing costs. Periodic massive re-mailings (every year or every other year) would cost a similar amount. If newspaper advertising is to be done, it is likely to be in the form of paid display ads, which would be designed with cost in mind. City graphics-capable staff is being used for flyer design and would be used for newspaper design as well. The Public Works and Community Development Departments are anticipating sharing the costs, current and possible. Current budgets are adequate. ALTERNATIVES The Council may adopt a modified ordinance, to allow use of electric blowers on Sundays or to address other concerns raised during the hearing. The Council may continue action.Direction should be given to staff. The Council may, by minute action, choose to make no changes at this time. The Council may recommend or mandate certain changes to the education program or require its elimination. Attachments draft ordinance environmental initial study draft education program draft flyer(if available) minutes of City Council February 18, 1997 meeting ORDINANCE NO. (1997 SERIES) AMENDMENTS TO THE NOISE REGULATIONS LIMITING DECIBEL LEVELS OF POWER BLOWERS AND PROHIBITING THEIR USE ON SUNDAYS WHEREAS, the City Council conducted a public hearing on October 7, 1997 and has considered testimony of interested parties and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed revisions are consistent with the General Plan, the purposes of the Noise Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff; BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed text amendment to the noise regulations, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Section 9.12.050 of the Municipal Code is hereby amended as follows: 9.12.050 B. Specific Prohibitions. The acts, as set forth in this section, and the causing or permitting thereof, are declared to be in violation of this chapter. 10. Domestic Power Tools, Machinery. b. Operating a power blower in a residential zone or within two hundred feet of a residential zone between six p.m. and eight a.m., Mondaythroiigh Saturday ateHeise ,,:s... aefess -- .: , raW pFepeny . c. Operating a power blower in any non-residential zone between six p.m. and seven a.m., Monday through Saturday, . d. Operating a power blower m.soca a manner:as:to exceed the.following standard: Measurement'location: . .. ..;.... _ - .' .Maximum noise aevel, dBA 50 feet from the blower 70 dB e. Operating 'a:po -bl. .....i.any... ' findid on" a'- ....6W,6 d ; Any motor, machinery, or pump, such as swimming pool equipment, etc.I shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with Section 9.12.060 of this chapter. SECTION 3. A synopsis of this ordinance,approved by the City Attorney,together with the names of the Council Member voting for and against,shall be published at least five days prior to its final passage, in the Telegram-Tribune,a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30)days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of onmotion of ,seconded by ,and on the following roll call vote: AYES: NOES: ABSENT: Mayor Allen Settle ATTEST: City Clerk APPROVED AS TO FORM: Cllee�'&.ef Qa� A95- ,rWorne/ &17 ��►���h�������i��►II►IIIIII�IIII@°""„'�►� IIIII city osAn lues oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 INITIAL STUDY ER 2-97 Citywide 1 . Project Title: Noise regulations amendments for power blowers 2. Lead Agency Name and Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 3. Contact Person and Phone Number: Judith Lautner, Associate Planner 4. Project Location: citywide 5. Project Sponsor's Name and Address: City Council, City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 6. General Plan Designation: all designations 7. Zoning: all zones 8. Description of the Project: The project is the amendment of the noise regulations to 1) prohibit the use of gas-powered blowers on Sundays and 2) to restrict decibel levels of blowers to 70 dBA 50 feet from the blower. 9. Project Entitlements Requested: The change requires approval of a Municipal Code amendment. 10. Surrounding Land Uses and Settings: Not applicable. OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. �� Telecommunications Device for the Deaf(805)781-7410. �� ER 2-97 Citywide Noise Regulations amendment Page 2 11 . Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement): None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning Biological Resources Aesthetics Population and Housing Energy and Mineral Cultural Resources Resources Geological Problems Hazards Recreation Water Noise Mandatory Findings of Significance Air Quality Public Services . .x Transportation and Utilities and Service Circulation Systems DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have-a significant effect on the environment, and a X NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on a attached sheets have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project May have a significant effect on the environment, and a ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at leasi one effect (1) has been adequately analyzed in an earlier document pursuant to applicable lega standards, and (2) has been addressed by mitigation measures based on the earlier analysis a described on attached sheets, if the effect is a`Potentially Significant Impact" or is 'Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed in an earlier EIR pursuant to applicable standards and (2) have been avoided o mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 2 1=rp-ia ER 2-97 Citywide Noise Regulations amendment Page 3 September 5, 1997 Signafige Date Ronald Whisenand, Development Review Manager For Arnold Jonas, Community Development Dir. EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the analysis in each section. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (D). Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 3 y or —�� Issues and Supporting Information Sources sources Pon jiy Potentially Less Than No Significant Significant Significant Impact ER 2-97 Iswes Unless Impact mitigation Citywide Incorporated Page 4 1. LAND USE AND PLANNING - Would.the proposal: a) Conflict with general plan designation or zoning? X b) Conflict with applicable environmental :plans or policies X adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the vicinity? X d) Affect agricultural resources or operations (e.g. impact X to soils or farmlands, or impacts from incompatible land uses? e) Disrupt or divide the physical arrangement of an X established community (including a low-income or minority community)? The general plan Land Use Element defines different designations for different land uses. Power blowers ca be used in every land use designation or zone. The regulations are intended to limit noise disturbances frorr this type power equipment, and therefore increase compatibility of the use within any zone or betwee zones. 2. POPULATION AND HOUSING -Would the proposal: a) Cumulatively exceed official regional or local population X projections? b) Induce substantial growth in an area either directly or X indirectly (e.g. through projects in an undeveloped area or major infrastructure? c) Displace existing housing, especially affordable X housing? 3. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? X b), Seismic ground shaking? X c) Seismic ground failure; including liquefaction? X d) Seiche, tsunami, or volcanic hazard? X e) Landslides or mudflows? X f) Erosion, changes in topography or unstable-soil X conditions from excavation, grading, or fill? g) Subsidence of the land? X h) Expansive soils? X i) Unique:geologic or physical features? X 4.- WATER.- Would the proposal:result.in: .a) Changes in absorption rates, drainage patterns, or the X rate and amount of surface runoff? b) Exposure of people or property to water related hazards X such as flooding? c) Discharge into surface waters or other alteration of X surface water quality (e.g. temperature, dissolved oxygen or turbidity? d) Changes in the amount of surface water in any water X body? e) Changes in currents, or the course or direction of water X movements? 4 a—�oZ Issues and Supporting Informati. ., Sources sources Pot-ed,dly potentially Less Than No Significant sigffieant Significant Impact ER 2-97 Issues Unless Impact Cmitigadon Citywide Inc Page 5 orporated f) Change,in the quantity of ground waters,•either through X direct additions or withdrawals, or through±int erception of an aquifer by cuts or excavations or through substantial loss of•groundwater recharge capability? g) Altered direction or rate of flow of groundwater? X h) Impacts to groundwater quality? X i) Substantial reduction in the amount of groundwater. X otherwise available for public.water_supplies? 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an X existing or projected air quality violation (Compliance with APCD Environmental Guidelines)? b) Expose sensitive receptors to pollutants X c) Alter air movement, moisture, or temperature, or cause X any change in climate? d) Create objectionable odors? X Power blowers create temporary pollution by raising dust and other particulate matter, and by discharging exhaust fumes from gas-powered blowers. The Air Pollution Control District does not restrict use of blowers, however, because their contribution to air pollution is not significant. The proposed regulations are no expected to have any significant effect on blower pollution except to eliminate its production on Sundays. I gas-powered blowers are not .used on Sundays, they will likely be used more on other days, so the en result will not be significantly different from the present situation. S. TRANSPORTATIONMIRCULATION.. Would the;proposal.resuh:in: a) Increased vehicle trips or traffic congestion?. X b) Hazards to safety from design features(e.g.sharp X curves or dangerous intersections) or incompatible uses. (e.g. farm equipment))? c) Inadequate emergency access or access.to nearby X uses? d) Insufficient parking capacity on-site:-or off-site? X e) Hazards or barriers for pedestrians or bicyclists? X f) Conflictswith. adopted policies supporting alternative X transportation (e.g. bus turnouts; bicycle racks)? g) Rail, waterbome or air traffic impacts (e.g.compatibility X with San Luis Obispo Co. 7. BIOLOGICAL RESOURCES: Would the:.proposal affect:: a) 'Endangered, threatened or rare species or their habitats X (including but not limited to plants;fish, insects, animals or birds)? b) Locally designated species (e.g. 'hentage trees)? X c) Locally designated natural communities (e.g. oak forest, X coastal habitat; etc.).? d) Wetland habitat (e.g. marsh, riparian and vernal pool? X e) Wildlife dispersal or migration corridors? L X 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? T X 5 J 40l _1_3 Issues and Supporting Informat,un Sources SourcesPon. ,ly Pot tiaIIy I=Than No Significant SigniScant Significant Impact ER 2-97 Issues Unless Impact mitigation Citywide Incorporated Page 6 b) Use'non-renewable resources in a wasteful and X inefficient manner? c) Result in the loss of availability df,a known mineral, X resource that would be of future value to the region and the residents of the State?. The prohibition of use of gas-powered blowers on Sundays will result in a slight reduction in energy use o that day of the week, but the use will likely shift to other days of the week. Therefore, there will be no ne savings or additional energy use. 9. HAZARDS. Would the..proposal involve: a) A risk of accidental explosion or release of hazardous X substances (including, but not limited to: oil, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan X or emergency evacuation plan? c) The creation of any health hazard or potential health X hazard? d) Exposure of people to existing sources of potential X health.hazards? e) Increased fire hazard in areas with flammable-brush, X grass or trees? 10.NOISE. Would the proposal result in: a) :Increase in existing noise levels? X .b) Exposure of people to 'unacceptable"_noise levels as X defined by the San Luis Obispo General:Plan Noise Element? The regulation changes would eliminate noise from gas-powered blowers on Sundays, if adequate) enforced. There may be a slight increase in blower use on other days to make up for the loss of Sunday. Th regulation changes would also limit decibel levels of all blowers to 70dBA 50 feet from the blower. This change should result in lower noise levels from blowers overall. 11. PUBLIC.SERVICES. Would the proposal have an effect upon, or result in a need for new or altered. governmentservices in any of the following areas: a) 'Fre protection? X b) Police protection? X c) Schools? X d) Maintenance of public facilities, including roads? X e) Other governmental services? X UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a:need:for new systems.or supplies.;or substantial.alterations-to the_following utilities: a) Power or natural gas? X b) Communications systems? X c) Local or regional water treatment or distribution X facilities? . d) Sewer or septic tanks? X e) Storm water drainage? X f) Solid waste disposal? X g) Local or regional water supplies? X 6 Issues and Supporting Informat._., Sources Sources Poten�rr Potentially I=Than No Significant Significant Significant Impact ER 2-97 Issues Unless Impact mitigation Citywide Incorporated Page 7 13..AESTHETICS. .Would the proposal: a). Affect.a scenic vista or scenic highway? X b) Have a demonstrable negative aesthetic-effect? X c) Create light or glare? X 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? X b) Disturb archaeological resources? X c) Affect historical resources? X d) Have the potential to cause a physical change which X would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the X potential impact area? 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks X or other recreational facilities? b) Affect existing recreational opportunities? X 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the:potential to degrade the X quality of the environment; substantially reduce the habitat of a-fish.or wildlife species,. cause a fish:or wildlife population to drop.below self-sustaining levels, threaten to eliminate.a p1brit.'or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminateimportant examples of the.major periods of California history or prehistory? See above discussions. :b) Does the project have ttie potential to. achieve short- X term, to the disadvantage of long-term, environmental goals? Short- and long-term goals are the same. c) Does the project have.impacts-that are individually X limited, but cumulatively considerable? ("Cumulatively .considerable" means.that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of. other current projects, and.the effects.of probable future projects) No cumulative impacts are expected from these changes. d) Does the project have environmental effects which will X cause substantial.adverse effects on.human beings, either directly or indirectly? See discussions above. 7 ER 2-97 Citywide Page 8 17. EARLIER ANALYSES. Earlier:6n6ly0s may be used where, pursuant to the tiering, program EIR, or other CEQA-process, .one oi more effects have:been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063-(c) (3 (D). In this case. a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where tKey are available for review: No earlier analysis was used. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scop of and adequately analyzed in an earlier document pursuant to :applicable legal standards, and stat whether such. effects were addressed by mitigation measures based on the earlier analysis. No earlier analysis was used. c) Mitigation measures. For effects that are "Less than:Significant with Mitigation Incorporated; describe the mitigation measures which were incorporated or refined from the earlier document and the extent t which they address site-specific conditions of the project. No earlier analysis was used. Authority: Public Resources Code Sections 21083.and 2.1087. Reference: Public Resources Code Sections 21080 (c), 21080.1,21080.3, 21082.1, 21083, 21083.3, 21093, 321094, 21151; Sundstrom v. County of Mendocino,:202'Cal. App. 3d 296'(1988); Leonofff v. Monterey Board of Supervisors, .222 Cal. App. 3d 1337 (1990). 18. SOURCE REFERENCES 1. 1 General Plan Digest, City of San Luis Obispo, 1997 8 Power blowe education program High priority I . Amend regulations Do as council directed- Status. rected.Status.changes made.Need to be passed by City Council. Deadline: Scheduled to go to the Council Oct. 7. 2. Create informational flyer What to do: Create a one-page flyer that explains the City's laws about power blowers. The flyer should explain the ordinance in plain English and in Spanish,and also include the text of the ordinance itself. It should include a short list of dos and don'ts for power blower usage. Finally,it should contain enforcement information. Create after the above changes to the regulations are passed(draft can be created ahead of time). Distribute it to all stores inside and near the city,possibly throughout the county,that sell blowers. Send out in water bills.Distribute in meetings of CLCA and other organizations (garden clubs, Cal Poly Ornamental Horticulture Division,for example). Give out with business tax certificates for gardening businesses. Mail to all known landscape workers in area. Send it to persons cited for or warned of possible violations of the regulations. Status.draft created. Under review by staff and committee members. Steps: • Preparation by Community Development and Public Works staff-estimate 12 hours for writing,graphics,revisions, another two for review, editing by others. Cost absorbed by departments. o? -i7 Power blower education program page 2 How many we need: 13,000 for water bills; 2,000 for the rest:total 15,000 Cost. Copying: 15,000 @.03 (estimate)_$450. If two-sided, folded,estimate$1,000 • Distribution: Get list of customers of Noble Saw. (done) Get list of gardeners with city business tax certificate from Finance. Enlist assistance from CLCA, others to distribute to businesses. Arrange to send out with water bills. Cost.$200 for two mailings(half of water customers each time)with water bills Deadline. Development of flyer: October 21, 1997 Distribution: by December 10, 1997 3. Get the PD to step up enforcement Inform officers of the rules and make sure they enforce them. Get approval to use Field Interrogation forms for possible violators,to get names and addresses. Deliver cards to Community Development(initially -may move to CLCA volunteers eventually)to send out letters and flyers. Comment:members of the committee and guests felt that some significant fine needs to be associated with violations.At this time,though,no action on this is contemplated.According to the PD,typical fust-time violation fines are $60. Status.Joe Hazouri,officer in charge of noise abatement,will find out if FI cards can be used for this purpose and will make sure duty officers are informed of changes to the regulations. Deadline.Depends on what can be done. Mediumpriority 4. Clarify the noise regulations Rewrite the regulations in readable style Start at the top and come up with a new format. Is it possible to rewrite just the one section, where the blowers live? �d Power blower education program page 3 5. Place newspaper ads The ads would be informational,providing little bits of information in a humorous fashion. They would let people know the rules, explain the"right"way to use blowers,even explain how blowers are used to save water, clean parking lots, other uses. Example: "It's ten p.m.Do you know where your leafblower is?" Maybe consider developing four different ads,each to be run a few times each season. Find out "public service" limitations. 6. Enlist help of CLCA enforcement assistance hotline 7. Make use of other volunteers enforcement 8. Public service announcements 9. Talk shows(radio) 10. Review CLCA literature Low Priority . Power blower fest or related event Education program developed through the assistance of: Tim Peterson,Noble Saw Nick Krause,Krause Engineering Kevin Holmes,West Coast Landscapes Gary Timm Stein George Elliott,representing California Landscape Contractors'Association Stan Price,Echo distributor Wally Robbins,downtown resident Alan Friedman,resident Nick Tennis,Camacho&Tennis (Judy Laumer,Larry Tolson,Joe Hazouri,City staff Q?/9 City Council Meeting Page 5 Tuesday,February 18, 1997-7:00 p.m. There was further discussion regarding alternative solutions,and clarification was made by staff that if additional funding became necessary,the project would have to come back before Council. Council Member Romero amended his motion so other options for the temporary solution could be considered by staff during the process,and Council Member Williams accepted the amendment;motion carried (5-0). COMMUNICATIONS Comm. 1. Mayor Settle stated that the Joint City Council meeting will be held with the other cities in the County on May 1, 1997. Comm.2. Council Member Romero said the next Channel Counties meeting will be on Friday, April 4, 1997. Comm.3. CAO Dunn JD suggested that Council consider April 2n°for a joint meeting with SLOCOG,and Council agreed on that date. BUSINESS ITEMS(Continued) 3. POWER BLOWERS (File No.703) Council considered the current power blower regulations. Community Development Director Jonas presented the staff report, recommending that the Council affirm their previous position regarding leaf blowers. He stated that manufacturers have improved the models so they are significantly less polluting and quieter,and recommended keeping the existing regulations. Mayor Settle asked for public comment. Alan Friedman.3101 Rockview,asked Council to ban gas powered leaf blowers because of the noise and pollution caused by them. Hank Alberts.544 Pacific Street, asked Council to place a ban on the use of power blowers. Nick Tennis.128 Hermosa Drive,Shell Beach,stated that properly used, leaf blowers are valuable tools. He urged Council to allow the industry to continue to improve their product and to educate individuals in the proper use. Pat Veesart.1446 Morro,spoke in support of a ban on leaf blowers or further restrictions which would limit the hours of operation. Larry Houloate,SLO,stated that gas leaf blowers should be banned,or a maximum decibel limit should be set to limit the noise. Torre Houlgate-West,1344 Mill St,spoke in support of a ban on leaf blowers. Timm Stein.770 Broad Street,stated that he is a professional gardener who uses leaf blowers in his work. He said, property used,they are a valuable tool and should not be banned, but perhaps further regulations would help the situation. He volunteered to work on a committee to address the issues. Kevin Holmes, 1500 Royal Way, urged Council to keep the existing ordinance and make an effort to educate people on the proper use of leaf blowers. He stated that the use of leaf blowers is important to his business. City Council Meeting Page 6 Tuesday,February 18,1997-7:00 p.m. Victor Barbosa.SLO,stated that the use of leaf blowers should not be further restricted. ANick Crouse. Engineering Consultant,stated that the most likely solution is to regulate the use of the blowers, but not a complete ban. He recommended a combination of education of the users as well as the detractors and restricted hours. He indicated his willingness to study the levels of noise from different types of equipment and conduct an educational seminar. Mayor Settle returned discussion to the Council. After discussion,moved by Roalman/Williams to direct staff to draft an ordinance to limit the use of blowers to those with noise output less than 70 decibels at 50',direct the Police Department to log all complaints related to power leaf blowers,and increase hourly limits to exclude operation on Sundays; motion carried(5-0). Moved by WilliamslRomero to establish a committee of volunteers to educate users and detractors about the ent types of equipment After discussion, Council Member wlliams,with the consent of Council Member Romero, amended the motion to direct staff to bring back a report detailing the make up of a committee,their charge and speck procedures; motion tamed 54. TRANSIT ADVERTISING (File No.546) Council considered advertising on SLO Transit buses. Public Works Director McCluskey presented the staff report,giving a brief history. Transit Manager Ham Watson.presented details regarding the proposed limited advertising on busses. Mayor Settle asked for public comment. Tom Fulks.SLO Regional Ride Sharing Program,supported the adoption of a resolution and urged Council to approve an agreement tonight. Ted Utz, KCOI TV,spoke in support of the resolution and asked for affirmation of an agreement tonight. Mayor Settle returned discussion to the Council. After discussion,moved by Romero/Williams to approve alternate Resolution No.8635 establishing a policy that allows advertising on SLO buses,and authorize staff to negotiate an agreement for in-lieu advertising on SLO transit buses,subject to CAO approval; motion carried (5-0). Moved by Smith/Settle to direct staff to follow up on the in lieu agreement to assure a value to the City; motion carried (5-0). 5. CITY HALL IMPROVEMENTS (File No.9101-040-053) Council considered the City Hall Seismic Safety/HVAC Project budget. Public Works Director McCluskey presented the staff report,stating that the construction management budget has run way over and above what was originally budgeted. He suggested that the Neighborhood Traffic Management project budget could be used as an alternative source of funding for the cost overrun, rather than using the General Fund. Daily JUuhna 10/3/97 Suit Aims to Sweep Away Leaf Blower B By Tom Orewyler ing restrictions relating,'for example, to push the same [objective]otherwise?"he Daily JoumalStaff wdW. the hours,.decibel level`;or manner in said. Contending that the Los Angeles.City which they are used. .. That is only one of the issues that wor- . Council could have used less restric- According jo the suit,the city violated ries him, however. "Pm also concerned tive means in enacting an.ordinance ban- :the gardeners due process and equal pro- about the confiscatory nature of this,"Van i ning the use of leaf blowers in residential :.tection rights lvyhen it instituted the ban. . Buskirksaid;sefersirag tn.the suit s addi-. areas, a coalition of gardeners' orgamza- .....Besides arguing that the-law is unreason- tions, allegation that the ordinance consti- tions,contractors and leaf-blower comps- •able and arbitrary,the suit claim the law. totes a"taking of private property without nies filed suit Thursday in Los Angeles singles out if blowers and does not sub• a eat of just compensation!rope -Superior Court hoping to have the law jest other equally noisy (if not noisier) p N swept off the books. gardening equipment to;the.same treat- Adopted Dec.3,the ordinance forbids ;ment Also included as a cause of action is an use of leaf blowers within 500 feet of any The plaintiffs include the Association of . alleged procedural violation by the residence in the city - effectively ban- ..Latin American Gardeners of Los City Council,which,according to the suit, ning their use altogether.The law went Angeles, the California 'Landscape failed to follow its own rules when it voted into effect July 1. Contractors Association,a leaf-blower sell- on the measure. Ronald Van Buskirk,an attorney in the er and a leaf-blower manufacturer. Van Buskirk is president of the Pacific San Francisco office of Pillsbury,Madison Association of4tinAmerican Gardeners of Legal Foundation, a.conservative public & Sutro who filed the complaint, said Las Angeles et hL u City,ofLos Angeles et interestgroup based in Sacramento that is other cities have passed less onerous laws aL,BC17890$.; known for its outspoken advocacy of prop relating to the notoriously loud blowers. While acknotrrled&gthat the'rational- Instead of implementing an outright basis"test that courts apply for laws not. arty rights. However, he said the leaf- prohibition,Van Buskirk said,other cities affecting a ptotected class is a low sten- blower suit is unrelated to that group. looking at the noise problem created by dard for the.¢overnment to meet, Van Efforts to reach.officials with the Los leaf blowers have elected to control the Buskirk said toe ordinance goes too far.. Angeles city attorney for comment were use of the gas-powered machines by plat- "Why have d ban wheh you can accom not successful. MEETING AGENDA DATE /V 7-f ITEM # � OUNCI L D DIR AO T],FIN DIR AO ` flRECHIEF` EK RNEY � . •DPW DIR. aaCLERKtOflIQ . '.'0POUCECHF: 0 MaJIT TEAM O REO DIR .f]VM DIR O i El PERS DIR RECEIVED OCT 0 3 1997 OLO CiT.Y .CLERK m- MKIL &COfrDIR p.M ❑ FIN DIJCHF hii-ETING AGENDA I>�0 ❑ FIRE CDATE 1 7 ITEM #� D4(rMRNEY ❑ PW DI Cl etERKIORIG ❑ POLIC❑ hiGMTM_ 0 UTIL D❑ PERS October 1 , 1997 San Luis Obispo City Council 990 Palm Street San Luis Obispo, CA 93401-3249 Dear City Council Members , While I am not a resident of the city, I do live in the county; and prefer to take the large view of living on the planet. In December the United Nations is holding a meeting in Kyoto, Japan to discuss what 90 Nobel-winning scientists regard as the critical situation with regard to . global warming and the continued emission of carbon dioxide and other climate-altering pollutants. (The unabated fires in Indonesia are directly linked to excess fossil-fuel use in America. ) What does that have to do with leaf-blowers in San Luis Obispo? you might ask. Most likely, you will already be aware of the dubious contribution that blowers make to the environment. Operating on diesel fuel, they utilize 25% of the fuel -and emit the remaining 75% in the form of pollutants ; not to mention noise and dust (they are not called blowers for nothing. ) At least 10 cities, including Laguna Beach, in Southern California have summoned up the common sense (not a notable California trait) to ban leaf-blowers completely. One would think that San Luis Opispo would be light years ahead of Los Angeles where the prevailing motto is "More, Bigger, Quicker. " whatever happened to brooms? Surely there are deluxe models with wide-sweep range available to the discriminating gardener. And if they take a little more time, do the tidying up a little less often. A small thing to ask, so that the planet might survive. So that there are future leaves for our children to sweep. It does not take a great deal of intelligence to realize that we can no longer justify short-term expedience at the expense of long-term quality of life. J U Sincerely, UJ> m 0 M .Power Giacoletti c� U 1266 Santa Ynez Avenue UJ o Los Osos, CA 93402 0 ,— (805 ) 528-4223 co TING AGENDA �I�h�IIiQ I �II�III DATEL° 7 97 ITEM # 2 .Nis. III � WIS 'W +.C1. 0 . sa.n OBIS 990 Palm Street, San.,Luis Obispo, CA 93401-3249 f. �d C'/'7� (� c�Lt. C-J t 1 p l. . 1?_COUNCIL IF-FM' DIR 0-MO U NN DIR .. September 24, 1997 r-, �" D�HIGI t ror,I:.., ❑,CLERKIORIG ❑ POLICE Cfif-- -O MGMTEAM ❑ REC DIR CITY COUNCIL PUBLIC HEARING NOTICE 0 13 UTIL DIRp 0 PERS DIR POWER BLOWER REGULATIONS Our records indicate that item is of interest to you. You are, therefore, being notified that the San Luis Obispo City Council will hold a public hearing to consider noise regulation amendments to prohibit power blowers on Sundays and-to restrict-decibel levels of blowers to 70 Dba at 50 feet.from the blower. A proposed educational-programmill also'be reviewed The meeting will be held on Tuesday, October 7 1997,. beginning at 7:00 p.m. in the Council Chamber at City 114.990 Palm Street. The-public s welcome t6'attend and,comment. Written comments are encouraged. Other items,may be,discussedlbefore or after this item. Please know that if you challenge-this action in court,you may.be;limited'to raising only those issues you or someone else raised during the public :hearing described in this notice, or in written correspondence delivered to the City Council,at,or prior to,the-public hearing. The agenda report, including recommendation by staff, will be available for review in the City Clerk's Office(Room#1 of City Hall)the Wednesday before the meeting. For more information, please contact Judy Lautner, Associate Planner, in the Community Development Department at 781-7166.. onL. dwf City Clerk A6 I- 6 7ev ------- s. - : .� REMERM Bill Richardson P.O. Box 5003 cFP® Vity cd San Luis'Obispo.is committed to includebthe•disabled in all of: San Luis Obispo, CA 93403 Telecomm ileations Device for the Deaf(805)7§1:7410..' SLO CITY COUNCIL - + Oct-03-97 01 : 22P City of SL_O-CD Dept- 805 781 7173 P-02 MEETING AGENDA DATE 40-7 9 ITEM # MEMORANDUM OrCDD DIR LeACAO ❑FIN DIR ❑FlRE CHIEF ❑PW DIR TO: Mayor aid City Council C�POLICE CHF VIA: John Dunn, City Administrative Officer ❑RECDIR FROM: Arnold Rivas,Community Development Director ❑ML DIR El PERS DIR DATE: October 2, 1997 SUBJECT: Additional information. October 7, 1997 Agenda Item#2 Agenda item#2 deals with the on-going power blower noise issue. It includes comments from the ad-hoc users committee established at the request of Council to investigate the potential for additional ways of allowing continued use of the machines while minimizing fate potential for complaints. A portion of the committee comments relate to current police response to noise complaints.. In the course of executing their charge,the committee heard from a variety of interested persons, both supporting and objecting to the use of power blowers. Some of the persons in the latter group expressed unhappiness with city response to blower noise complaints, and in particular a perceived reluctance on the part of the Police Department to issue citations. To better understand this aspect of regulation, Police Department personnel responsible for_,Noise Ordinance enforcement were included among those persons advising the committee_ At the conclusion or their review,the cdminWee eonclirded in fact the police-are responding appropriately and responsibly, and that a lack of understanding the la%�s'andprocesses of noise regulation by those filing the complaints con tributesto-the-misnirderstrmding. unfortunately, some'readers see the police response information.included in the staff report as being critical of the Police Department's efforts,when in fact the opposite result is intended. The report is clear that the police have established a new code(5314) to - reeister and track blower complaints. It notes that during 1997 to the date of report preparation, seven calls were logged iri..One of the responses actually resulted in a citation being issued. The latter.is:significart; since as the.report also clearly indicates, the responding officer must see and hear the violation before a citation can be issued. This creates a sienificant burden on enforcement that citizens often,do not understand- the cannot;ust take their acrd that the offense occurred. In fact, as the report also slates, the Committee concluded that the greatest change needed to increase the "effectiveness"of police response is a change in public expectation. The report also states that the committee recomn.er:ds consideration of the use of Field Interrogation' Cards to deal with potential repeat offenders. Aft considering this possibility,the Police Department is confident that their computerized system of complaint tracking is a more effective and efficient . ethod of fellowing these situations. They do not feel that use of the FI Cards is required. c: Jim Gardiner Ron Whisenand