HomeMy WebLinkAbout02/11/2002 BAKERSFIELD
~__ \_,~ ~T~c.~ '- David Couch, Chair
Alan Tandy, City Manager Sue Benham
Staff: John W. Stinson Mike Maggard
AGENDA SUMMARY REPORT
URBAN DEVELOPMENT COMMITTEE MEETING
Monday, February 11, 2002, 1:00 p.m.
City Manager's Conference Room - City Hall
1. ROLL CALL
The meeting was called to order at 1:05 p.m.
Present: Councilmembers David Couch, Chair; Sue Benham and Mike Maggard
2. ADOPT JANUARY 14, 2002 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Discussion and Committee recommendation regarding leaf blowers
Assistant City Manager John Stinson provided a status report. Staff researched the issue
of the availability of custom mufflers for leaf blowers on the market that produce less
decibels. The local vendors were not aware of any muffler product on the market other
than original equipment. Manufacturers only stock original equipment and they did not
know of any muffler product manufactured or modified to reduce noise.
Staff met with the Gardeners Association regarding time limitations for operating
equipment on weekends. They were happy with the current time restriction of 7:00 a.m.
to 6:00 p.m. for operating equipment and were not in favor of restricting operating hours
any further on weekends. The members of the Gardeners Association indicated education
of gardeners would be the most effective way of addressing the issue of nuisance-type
noise.
The Committee was provided copies of a draft flyer prepared by staff on the proper use of
leaf blowers, which could be distributed in an educational effort to make leaf-blower users
more aware of the issues when using blowers. There is no state licensing requirement for
ADOPTED AS SUBHITTED ON APRIL 8, 2002
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, February 11, 2002
Page -2-
gardeners. An educational approach was tried in the past and staff recommended making
another effort to distribute educational information to the gardeners and vendors who sell
machines.
In response to information previded by Mr. Rademacher at the last Committee meeting,
staff checked on the Quiet Communities Grant Pregram. This grant pregram was available
in the 70s originally for airport noise, but has not been funded for the last 15 to 20 years.
Staff met with Mr. Rademacher and shared information.
Jack Rademacher spoke regarding residential noise and pollution frem leaf blowers.
City Attorney Bart Thiltgen spoke on the current code covering residential noise,
enforcement issues and explained the Police Department is the responding agency to call
for residential noise complaints. The violation must be observed by the enforcement
officer.
Committee member Maggard suggested perhaps staff could meet with those in the
gardening industry to see if there is interest in perhaps a workshop to standardize their
rules, to educate and help gardeners become more prefessional.
After the Committee meeting, Committee Chair Couch will meet with staff to further
address possible solutions.
B. Discussion and Committee recommendation regarding City/County drilling
requirements
Development Services Director Jack Hardisty stated at the last Committee meeting the
Planning Commission, after several months of work, recommended a proposed oil well
ordinance for the Committee's review. The ordinance was a compilation of several
ordinances that had evolved over the years, which were scattered throughout the Municipal
Code. The ordinances were consolidated and put in a comprehensive single Section. At
the Committee's request, staff prepared a memo with the major changes outlined with a
matrix showing a comparison of the existing ordinance with the proposed changes and
also a comparison of the changes with the County's ordinance.
There was a discussion regarding drilling islands, which are zone districts for drilling of
wells in residential subdivisions. Drilling islands are negotiated at the time the subdivision
is developed for the pretection of the mineral rights holders as well as the surface right
holders at a time when circumstances are changing due to the subdivision development.
This ordinance does not prohibit the drilling of a well. A Conditional Use Permit is required
and will be granted based on technology being imposed on it that is currently available for
mitigation of noise, vibration, traffic and signage. People planning to buy in a subdivision
would know if there is a drilling island, that an oil well could be drilled there. The Committee
also discussed setbacks and block walls.
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, February 11, 2002
Page -3-
The Division of Oil and Gas has jurisdiction over oil well production. Also the Regional
Water Quality Control Board has jurisdiction over oil sumps or whatever might contaminate
the water table.
Staff recommended forwarding the ordinance to the Council for their endorsement and
referral to the Planning Commission to hold public hearings.
The Committee unanimously approved staff's recommendation.
C. Discussion and Committee recommendation regarding Tree Ordinance
enforcement
Development Services Director Jack Hardisty spoke about the options discussed at the
Committee meeting in December to create an administrative system to provide more
protection of trees:
· Proposal to require permits to prune or remove trees over a set size with a
requirement to follow International Society of Arboriculture guidelines
· Proposal to license tree trimmers
· Proposal for noncompliance, to approach as a misdemeanor
The current practice has been to give notice to correct as a first step, with an opportunity
to correct violation. Replace trees as close as reasonably possible in size, with a 48"
box being the maximum size required; replacement to be completed within 120 days.
It was discussed focus should be on the City maintained trees and commercial, industrial
and multi-family developments where trees are required by ordinance.
Development Services staff surveyed other cities for information on their enforcement
of tree ordinances. It was found most large cities do not focus on the trees other than
in commercial developments. Some of the cities had strong consequences for
noncompliance of adopted ordinances protecting very large heritage trees, historical in
nature. For example, oak trees in Visalia.
Dana Adams, Tree Foundation of Kern, spoke regarding the need for enforcement of the
tree ordinance, or the goal of 30 to 40 percent shade canopy will never be achieved.
It was discussed that prior to the new tree ordinance recently adopted, existing
commercial development either has a 30 percent shade canopy requirement or in the
older established commercial developments there is no requirement for trees.
John Fallgatter, Smart Growth Coalition, spoke about the importance of water elements
and trees to the community.
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, February 11, 2002
Page -4-
The Committee was in approval of staff preparing a draft ordinance for review regarding
the licensing of tree trimmers for hire, and requested the City's Urban Forester Paul
Graham attend the Urban Development Committee meetings whenever the tree
ordinance or tree enforcement is on the agenda.
The City Manager noted if the City were to establish qualifications, licensing and
enforcement, the City does not have staff for enforcement, and if the City were to
provide training, it would require forestry staff qualified to educate and a standard to
measure qualifications.
The City Attorney advised that if the City were to certify tree trimmers as competent and
capable, if they do unqualified work and damage trees, the City may be included in any
legal action against the tree trimmer.
Committee Member Benham would like staff to explore the merits of two levels:
1) Some kind of educational program and certification, short of regulatory; and
2) Permitting or licensing of tree trimmers to be able to regulate whoever is trimming
trees for hire.
Committee Member Maggard expressed that the Council has just adopted an ordinance
with tree requirements for new commercial with a goal to achieve a 40 percent shade
canopy. As the Council has adopted the tree ordinance, the City should develop a plan
to protect its shade canopy.
Committee Chair Couch requested staff to develop proposals on ways to achieve
compliance and the estimated cost for each when this comes back to the Committee.
5. COMMITTEE COMMENTS
6. ADJOURNMENT
The meeting adjourned at 2:45 p.m.
Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney
Bart Thiltgen; Development Services Director Jack Hardisty; Recreation and Parks Director Stan Ford;
Deputy City Attorney Ginny Gennaro; Planning Director Stan Grady; Principal Planner Jim Movius,
Planning; Fire Inspector/Petroleum Steve Underwood and Administrative Analyst Trudy $1ater.
Others: Cassie Daniel, Bakersfield Association of Realtors; Jack M. Rademacher, N.A.R.L.S.
Coalition; Brian Todd, BIA; and Lori Whitlock, Oxy.
cc: Honorable Mayor and City Councilmembers
S:~JOHN~Urban Dev2002\ud02febl lsummary.wpd