HomeMy WebLinkAbout12/03/2001 BAKERSFIELD
~ ~ David Couch, Chair
Alan Tandy, City Manager Sue Benham
Staff: John W. Stinson Mike Maggard
AGENDA SUMMARY REPORT
URBAN DEVELOPMENT COMMrn'EE MEETING
Monday, December 3, 2001, 1:00 p.m.
City Manager's Conference Room - City Hall
1. ROLL CALL
The meeting was called to order at 1:07 p.m.
Present: Councilmembers David CoUCh, Chair; Sue Benham; and Mike Maggard
2. ADOPT NOVEMBER 5, 2001 AGENDASUMMARY REPORT
Adopted as submitted.
3. · PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion and Committee recommendation regarding ordinance requiring
establishment of maintenance districts for landscaping and public parks
Public Works Civil Engineer Marian Shaw spoke about the current maintenance district
ordinance and the original intent was any new development that would benefit from the
public landscaping should also pay their proportionate share for the landscaping and all
new development be included in the maintenance district requirements. However,
currently if a new development is not subject to a parcel map or tract map, the language
in the ordinance is not specific to include the project in the maintenance district. Staff
would like to revise the language in the ordinance, so all new commercial, industrial or
multi-family development benefitting from the public landscaping or parks be required to
be included in the maintenance district.
The Committee unanimously approved and directed staff to proceed with the change to
the ordinance and forwarding the ordinance to the Council for first reading.
ADOPTED AS SUBMITTED ON JANUARY 14, 2002.
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, December 3, 2001
Page -2-
B. Discussion and Committee recommendation regarding leaf blowers
Administrative Analyst Trudy Slater gave an overview on past actions taken by the
Legislative and Litigation Committee in 1994 and 1995. They had recommended an
educational program for leaf blower users. At that time no further action was taken as
the State Legislature commissioned a Study by the Air Pollution Control Board. The
report from that study returned to the Legislature in May 2001. The Legislature has no
pending legislation proposed. Ms. Slater reported on a survey of other cities' ordinances.
Sacramento has restrictions on the hoursof operation for gas-powered leaf blowers. Los
Angeles has a ban on gas-powered leaf blowers. San Diego has restrictions on the
hours of operation for all leaf blowers.
Barbara Bates spoke regarding the dust created by leaf blowers polluting the air and is
in favor of a ban on leaf blowers.
Jack Rademacher, N.A.R.L.S. Coalition, spoke about Title 9 noise regulations and Valley
Air Pollution Control District Rule 4102 and enfomement issues.
Lorraine Unger, Sierra Club, spoke regarding concerns about air quality.
Committee member Benham expressed the need for more data and requested staff to
research the issue for information on leaf blowers, not necessarily legislation, but
information from universities, the Lung ASsociation, Project Clean Air, or environmental
groups. She spoke about sensitivity to people using leaf blowers as part of their
livelihood and the need to consider input from their industry (Garden Association).
Committee member Maggard stated KellY Malay is in public relations at the Air Pollution
Control Board and staff should contact her for information about Rule 4102 and any
studies around the state regarding leaf blowers. He was also interested in the
mechanism being used by sweepers when sweeping parking lots, as there is very little
dust from their sweeping activities.
Committee Chair Couch would like to have the cost of other alternative types of
equipment to clean leaves and debris that operate without dust to know the cost to
gardeners to change equipment and also the amount being charged gardeners for their
business licenses.
Councilmember Benham requested a response from the City Attorney regarding
enforcement of Title 9 of the Municipal Code. She also requested that Recreation and
Parks perform a comparison of cleaning a park area with and without a blower and
provide information on the time and cost differential for each method.
Staff will also provide information and newspaper articles from other cities that have
blower enforcement ordinances.
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, December 3, 2001
Page -3-
C. Discussion and Committee recommendation regarding landscaping ordinance
enforcement
Development Services Director Jack Hardisty spoke about poor maintenance and care
of landscaping in commercial development and staff's efforts to enforce proper
maintenance. Guidelines need to be developed to ensure equity with enforcement
efforts.
Dana Adams, Tree Foundation, spoke and is interested in efforts to make changes to
ensure proper care to help the City keep moving forward to achieve greater shade
canopy.
Lorraine Unger spoke regarding the need for enforcement perhaps by licensing of
contractors pruning trees or permitting process.
Renee Nelson spoke regarding enforcement.
Parks Urban Forester Paul Graham spoke regarding a certification course for gardeners
being given through Bakersfield College. He feels there should be a permitting process
for landscapers/tree trimmers and enforcement methods in place.
The Committee discussed enforcement options and who should be the judge of pruning
methods for trees in commercial development, medians and City right-of ways.
Deputy City Attorney Ginny Gennaro explained there are two issues, which are covered
in different parts of the Municipal Code: 1) Chapter 17 - deals with the canopy and the
percent of shade required; and 2) Chapter 12.40 deals with trees in the City right-of-way,
which includes the trees in the medians, and is currently being studied by the ad hoc tree
committee recently formed by the City Council in August. The ad hoc tree committee is
going through the ordinance and will be making recommendations back to the Council.
Enforcement for not reaching the required canopy element will be under Chapter 17 and
enforcement for harming trees in a City median or right-of-way will be under Chapter
12.40.
City Attorney Bart Thiltgen explained for enforcement of licensed tree trimmers you could
use a standard misdemeanor (criminal trial), which is subject to incarceration. His
preference would be handling enforcement administratively using code enforcement,
noticing, hearings and the assessment of a fines.
Development Services DirectOr Jack Hardisty summarized the issues discussed by the
Committee to include: 1) licensing of tree trimmers; 2) more direct enforcement by
citation for violating set standards, which would not allow topping of trees, trimming more
than 20% of the branches out, sawing off at the stump or removal without arrangement
for proper replacement; 3) have an administrative hearing as we do with other
maintenance issues; 4) and creating a citation authority by the City Urban Forester or
Code Enforcement. There was a suggestion of using the expertise of the City's Urban
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, December 3, 2001
Page -4-
Forester for judging the need for a citation and Code Enforcement for issuing and
handling the citation process.
Committee Chair Couch requested the Development Services Director to put the
summarized issues in a memo and .draft ordinance language and bring back to the
Committee for their decision and recommendation.
D. Review and Committee recommendation regarding 2002 Urban Development
Committee meeting schedule
The meeting schedule was adopted as submitted. It was noted that Committee member
Benham would not be available for the August 12th meeting. The meetings are at
1:00 p.m. on the following Mondays: January 14, February 11, March 4, April 8, May 6,
June 10, July 15, August 12, September 9, and October 7.
5. COMMI'R'EE COMMENTS
6. ADJOURNMENT
The meeting was adjourned at 2:47 p.m,
Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City
Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Deputy City Attorney
Ginny Gennaro; Principal Planner Jim Eggert, Planning; Public Works Director Raul Rojas;
Assistant Public Works Director Jack LaRochelle; Public Works Civil Engineer Marian Shaw;
Assistant Recreation and Parks Director Allen Abe; Parks Urban Forester Paul Graham;
Police Captain Bryan Lynn; and Administrative Analyst Trudy Slater.
Others: Cassie Daniel, Bakersfield Association of Realtors; Renee Nelson; Jack M.
Rademacher, N.A.R.L.S. Coalition; Barbara H. Bates; Lorraine Unger, Sierra Club; Dana
Adams, Executive Director, Tree Foundation'of Kern.
cc: Honorable Mayor and City Councilmembers
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