HomeMy WebLinkAbout05/11/1995 B A K E R S F I E L D
Alan T~'f~y, City wta~er Randy Rowles, Chair
Staff: Irma Carson
Trudy Slater
Galen Chow
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, May 11, 1995
4:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Members present: Councilmember Randy Rowles, Chair; Councilmember Irma
Carson; and Councilmember Galen Chow
2. APPROVAL OF APRIL 13, 1995 MINUTES
Approved as submitted.
3. PRESENTATIONS
None
4. PUBLIC STATEMENTS
None
5. DEFERRED BUSINESS
A. GAS POWERED LEAF BLOWERS
Frank Fabbri, Parks Superintendent, handed out a memo on questions, answers,
and points to consider when reviewing the leaf blower issue, including information
on other cities throughout the Valley which were surveyed (Visalia, Tulare,
Porterville, Merced, Fresno and Reedley). Five cities had a noise ordinance that
included the uses of their blowers and a time restriction on the use in residential
FILE' COPY
Agenda Summary RepOrt
Legislative and Litigation Committee
May 11, 1995
Page -2-
areas. Only Visalia and Fresno had a decibel meter restriction. He indicated all
cities had problems with enforcement.
A City Parks staff concern is that it would take about four times as long to
complete tasks with a broom or a hose which are now done with leaf blowers,
which would require four or five more Parks people and cost the City an
additional $100,000-$150,000. The City utilizes 35 blowers.
Alan Tandy, City Manager, indicated that Police calls are prioritized, from higher
priority life threatening issues to lower priority nuisance issues. Because leaf
blower complaints would normally be a lower priority level, complainants might
be unhappy because higher priority level calls would be responded to first,
delaying responses to lower priority level calls.
Chairperson Randy Rowles indicated that practical enforcement of any ordinance
is a key issue.
Judy Skousen, City Attorney, handed out a memo regarding regulating the use
of leaf blowers in the City. She reported that there is no definitive California case
on leaf blowers. A ban could possibly stand up on a complete ban of all kinds
of equipment that exceeded certain decibels, but enforcement would be a
problem. The most legally defensible approach would be to limit the hours of
operation.
Trudy Slater, Administrative Analyst, indicated that 440 gardeners are listed with
the City's Business and Licenses section. Homeowners with leaf blowers would
be impacted by restrictions as well as gardeners.
Dawn Borden indicated that modifying the blowers regarding emissions and noise
would be reasonable, but a total ban is completely out of the queStion. It would
put people out of work and hurt them very seriously. She further indicated that
without leaf blowers, customers would not receive the same level of service as
with them.
Joel Brent questioned the importance of a ban. Misuse of any tool is what makes
it bad, not the tool itself. A passing truck can drown out the sound of the
gardener's blower. The grounds that gardeners work with are sod and
groundcover 95% of the time. The gardeners association feels that education is
the way to go. They did a study of their own, and it was running them anywhere
from 30-35% longer on the properties which equates to dollars charged.
Agenda Summary Report
Legislative and Litigation Committee
May 1 1, 1995
Page -3-
Bill Brimmer stated that the gardeners or blower owners want to keep their
gardens and lawns clean. Restricting the hours of operation is an option. He
feels that everybody should use a common sense approach. Manufacturers have
come a long way in developing blowers that are much quieter, safer and more
useful tools to be used correctly. Saving the taxpayers money is important, and
manufacturers are trying to deal with the issues which have arisen regarding noise
and the environment.
Committee discussion ensued on time restrictions on leaf blowers, enforcement
issues, whether the City's existing ordinance applies to leaf blower noise, and the
need to educate gardeners on concerns raised about leaf blower usage and to
find a common sense approach to resolve concerns.
The City Attorney was asked to clarify in written form what is enforceable under
the existing nuisance ordinance so that the Committee would have a better
understanding. After the clarification was made, the Committee would, if
necessary, readdress it for leaf blowers specifically. 71'he Committee requested
an education process be developed by staff to inform gardeners on leaf blower
issues.
6. NEW BUSINESS
Councilmember Carson asked whether the City had an ordinance regarding trees
in the Oleander area and that the issue be placed on the next agenda.
7. ADJOURNMENT
The meeting adjourned at 5:15 p.m.
Staff Attendees: City Manager Alan Tandy; City Attorney Judy Skousen; Lee Andersen,
Community Services Director; Frank Fabbri, Parks Superintendent; Allen Abe, Assistant
Parks Superintendent; and Administrative Analyst Trudy Slater.
Public Attendees: Dawn Borden, Borden's Lawn Care; Joel Brent, Aristocrat Lawn
Service/Bakersfield Gardeners Association; Bill Brimmer, Bakersfield Tru-Power; Marc'
Benjamin, The Bakersfield Californian.
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