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HomeMy WebLinkAbout05/05/2003 B A K E R S F I E L D ' /~ (~ ~~ David Couch, Chair Alan Tandy, City Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, May 5, 2003, 1:00 p.m. City Manager's Conference Room - City Hall 1. ROLL CALL The meeting was called to order at 1:10 p.m. Present: Councilmembers David Couch, Chair; Sue Benham and Mike Maggard (Councilmember Benham had to leave at 1:45 p.m. to attend an Air Quality Summit at Cai State Bakersfield). 2. ADOPT APRIL 7, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS Lorraine Unger, Sierra Club, thanked staff for putting the Committee agenda and calendar on the webpage. 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding northeast bluffs steep-slope issues Development Services Director Jack Hardisty spoke about setbacks and the application of standards to the steep slopes and bluffs. A handout was provided with examples (pictures) of property and setback information. Assistant Building Director Jack Leonard gave an analysis of how the requirements for setbacks in the California Building Code would be applied to examples of properties existing in the bluffs area. Setbacks will also be increased to allow access for the fire department and fire breaks if needed. Developments built on steep slopes require an engineering analysis study of the soil for stability and type, which may also affect the required setback. Tom Carosella, northeast property owner, spoke regarding how the existing codes seem to address the issues of concern that have been brought to the Committee. AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE MEETING Monday, May 5, 2003 Page 2 Clay Maynard, northeast property owner, spoke about how the development of property with houses and landscaping will ultimately reduce dust and improve the northeast and requested the Committee to go with the existing ordinances and building codes. Craig Smith, Bakersfield Bluffs and Open Space, spoke regarding their issues not being limited to setbacks for structures, but had concerns regarding lot lines and fences, which he feels have not been addressed. Michelle Beck, Bakersfield Bluffs and Open Space, expressed concerns about lot lines and soil erosion from irrigation and drainage when houses become occupied. Assistant Building Director Jack Leonard explained code enforcement as it relates to grading, lot lines, and irrigation and drainage requirements. Gordon L. Nipp, Sierra Club, spoke regarding the beauty of the bluffs, the esthetics of the area, and the need for a view shed ordinance. He also spoke regarding light pollution by street lights, using the soccer field lighting in the northeast as an example. Robert Kapral, General Holdings Inc., spoke regarding setbacks for property lines already being addressed in the City's hillside zoning ordinance. Committee Member Maggard explained one set of development standards cannot be used for the entire area. Due to the differences in topography from one property to the next, developments will require different setbacks. He also explained the City is in the process of holding meetings on park and trail sites, so those locations have not been established. There was discussion on the street lighting standards used by the City. Different types of lighting are recommended for public right-of-ways versus parking lots. The Committee requested staff to come back to the Committee with a report on the types of softer lighting, which could be used in the northeast bluffs area. (Councilmember Benham absent.) B, Discussion and Committee recommendation regarding leaf blowers (This item heard first.) Trudy Slater reported, as requested by the Committee at its last meeting, staff has met with local gardeners. Essentially, the gardeners expressed they liked the educational program the City has done in the past and would like to try more educational programs in English and Spanish. There was a general consensus of those in attendance that there could be some restriction on times and/or days for the use of leaf blowers. Other issues discussed by the gardeners: dust occurs even if brooms and rakes are used; vacuums are equally noisy and cannot access some areas; other power equipment used in neighborhoods is equally noisy, using water would be about the best alternative to leaf blowers; and leaf blowers take approximately 5 - 7 minutes per house. AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE MEETING Monday, May 5, 2003 Page 3 Bill Hoy, Bill's Lawn Service, spoke regarding leaf blowers and wanted to know what the City's position is going to be. Larry Jack, Grass Masters, spoke regarding the large number of unlicensed gardeners. The licensed gardeners who try to do everything legally would be financially hurt if the City bans leaf blowers. Javier Ortega, Ortega's Yard Care, spoke in support of continuing to allow leaf blowers. Jack Rademacher, Coalition Ad Hoc Residential Health and Welfare, spoke in favor of banning leaf blowers due to noise and air pollution caused by the use of leaf blowers. Roger Hartley spoke in favor of banning leaf blowers due to noise and particulate matter. Committee Chair Couch explained there is no documented scientific evidence, study or data available that quantifies there is a significant health impact from the use of leaf blowers for the Committee to use in the decision making process, although a nexus could be made because leaf blowers stir up dust (PM10). The Committee wOuld like staff's meetings with the gardeners to yield ideas of how the gardeners might be able to find ways to reduce noise and dust through the reduced use of leaf blowers (hours and times of year), a different method of using blowers or alternate types of equipment. Chris Parker, Parker's Landscape Service, spoke in support of using leaf blowers and discussions regarding days and hours of operation, possible restrictions on Sundays, and limiting hours from 7:00 a.m. to 6:00 p.m. on weekdays. City Attorney Bart Thiltgen explained there are no specific time restrictions in the Municipal Code on hours for operating leaf blowers. Terry Davis, Golden Eagle Distributing, distributor for Echo Manufacturing garden and lawn equipment spoke regarding leaf-blower noise caused by the fan. Newer equipment is being manufactured and Echo, along with other companies, has achieved about a 75% reduction in noise. He stated he would be willing to work with the City on an educational program. They have also achieved significant reductions in emissions from exhaust. The gardeners expressed concerns banning leaf blowers would make their businesses unprofitable because of the extra time and man-power involved to rake or hose the yards. They would not have time to service enough customers to be able to make a profit. Anne Stephens, Kern River Power Equipment, spoke in support of the use of leaf blowers. AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE MEETING Monday, May 5, 2003 Page 4 The City Attorney stated the City could set standards for noise and emissions from leaf blowers, which would only allow the sale and use of leaf blowers that have quiet fans with fewer emissions. The City Manager explained enforcement may be difficult with 4,000+ gardeners moving around from location to location. Committee Member Maggard expressed he would rather the gardening industry control its own destiny to stay in business as long as possible before the EPA, the State and/or the Air Pollution Control Board decide to ban leaf blowers due to dust. He was hopeful staff's meetings with the gardeners could find some balance between leaf-blower complaints and the gardeners' issues, at least locally. The Committee requested staff to meet with the Gardeners Association again to find ways to significantly address the hours of use, non-use in off-seasons, noise standards and dust/pollution and report back. (Councilmember Benham absent.) It was discussed only 500 of the gardeners have a City license. The Committee requested staff to research enforcement mechanisms. (Councilmember Benham absent.) 5. NEW BUSINESS None. 6. COMMITTEE COMMENTS Committee Chair Couch reported the High Speed Rail Authority is supposed to make a decision this year in September or October. Kern COG will have a report at its June 19th meeting and Kern COG Director Ron Brummett had suggested the City and County should get together on a location for the High Speed Rail Station. Since the next Joint City/County meeting is not until September, Committee Chair Couch suggested Council may want to consider another forum to meet with the County on this issue. 7. ADJOURNMENT The meeting adjourned at 3:45 p.m. Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Planning Director Start Grady; Administrative Analyst Trudy Slater; Recreation and Parks Director Start Ford; and Parks Supervisor Ed Lazaroti. AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE MEETING Monday, May 5, 2003 Page 5 Attendance - others: Lorraine Unger, Sierra Club; Roger Hartley; Jack Rademacher, Coalition Ad Hoc Residential Health & Welfare; James Burger, reporter, The Bakersfield Californian; Mark Howell, KUZZ; Bill Hoy, Bill's Lawn Service; Larry Jack, Grass Masters; Javier Ortega, Ortega's Yard Care; Anne Stephens, Kern River Power Equipment; Terry Davis, Golden Eagle Distributors; Efren Calaustro, gardener; Brandon Ferguson, gardener; Chris Parker, Parker's Landscape Service; Gordon L. Nipp, Sierra Club; Craig Smith, open space/bluffs; Michelle Beck, open space/bluffs; Robert Kapral, General Holdings; Clay Maynard, northeast property owner; Matt Marte, Talley Comm/Solar; Tom Carosella, northeast property owner; Patricia Bernal, northeast property owner; B. L. Dickinson, northeast property owner; Jerry Mulder. cc: Honorable Mayor and City Councilmembers S:~JOHN\Council Committees\Urban Development 2003\ud03may05summary.doc