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Home My WebLink About04/13/1995 B A K E R S F I E L D Randy Rowles, Chair Irma Carson Galen Chow Staff: Trudy Slater AGENDA LEGISLATIVE AND LITIGATION COMMI'I-FEE Thursday, April 13, 1995 4:00 p.m. City Manager's Conference Room 1501 Truxtun Avenue, Suite 201 Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF MARCH 16, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS - A. GAS POWERED LEAF BLOWERS B. COUNCIL RESIDENCY A/ C. CARD ROOMS ~ 6. NEW BUSINESS A. DISCUSSION ONLY: NUISANCE AT CORNER OF 4TH AND "V" 7. ADJOURNMENT TS:jp BAKERSFIELD Alan Tandy · City Manager NEWS RELEASE FOR IMMEDIATE RELEASE CONTACT: April 7, 1995 Trudy Slater Page 1 of 1 AdministrativeAnaJyst Ph: 805/326-3751 CITY OF BAKERSFIELD LEGISLATIVE AND LITIGATION COMMITrEE SETS REGULAR MEETINGS At its public meeting of March 16, 1995, the Legislative and Litigation Committee of the Bakersfield City Council adopted a calendar establishing a regular time, place and dates to hold its meetings. Based on Committee action taken at the meeting, the Legislative and Litigation Committee will hold its regular meetings each month on Thursdays, at 4:00 p.m., in the City Manager's Conference Room, Second Floor, City Hall, Suite 201, 1501 Truxtun Avenue, Bakersfield, CA., on the following dates: Thursday, April 13, 1995 Thursday, May 11, 1995 Thursday, June 8, 1995 Thursday, July 13, 1995 Thursday, August 17, 1995 Thursday, September 21, 1995 Thursday, October 19, 1995 Thursday, November 16, 1995 Thursday, December 7, 1995 Meetings will be open to the public. City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3751 · Fax (805) 324-1850 ..... B A K E R S F I E L D Alan Tandy, City Manager Randy Rowles, Chair Irma Carson Staff: Trudy Slater Galen Chow AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Thursday, March 16, 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 MARCH 2, 1995 MINUTES Minutes were approved as submitted. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS None. 5. DEFERRED BUSINESS A. CARD ROOMS Lt. Horton handed out a March 15 memo to the Legislation and Litigation Committee indicating the differences between the City ordinance relating to card rooms and that of the County. Three major issues were: 24-hour operation, check cashing, and censuring alcohol in the card room. Discussion centered on 24-hour-operation impact on Police, on other similar-type businesses, on the Casa Agenda Summary Report Legislative and Litigation Committee March 16, 1995 Page -2- Royale (upon the loss of the card room), and social impacts upon the community with proposed changes to increase the number of hours of operation through City ordinance. Mr. Soly Bina mentioned that even if Ms. Mailloux-Smith were to move her card room from Casa Royale, he would like to pursue the increasing of the number of hours of operation. Councilmember Carson felt that efforts should be made to minimize negative impacts of annexations upon businesses which are annexed, and Committee members agreed. An immediate concern was the need for Ms. Mailloux-Smith's state license renewal. (Ms. Mailloux-Smith would also experience a delay in receiving a permit if she went back to the County because she would be relocating her business.) City Manager Alan Tandy indicated that an equity issue would arise if annexed areas were subject to different rules from the rest of the City. The Committee felt that it was important to take some sort of immediate action. City Attorney Judy Skousen indicated that the City could make an interpretation to grandfather Ms. Mailloux-Smith in for 60-90 days while the Council looked at the issue. City Manager Alan Tandy indicated that the City was not required to honor County permits, either, but that it did so to accommodate those affected, and that type of delayed enforcement basis could continue. The City Attorney indicated that the City would need to issue Ms. Mailloux-Smith a new permit as her existing County permit expired on Saturday. It was indicated this should not be a problem. Councilmember Rowles stated that generally people annex to the City because they like higher levels of service and that he had not heard anything that would incline him to change the existing City ordinance. He indicated to staff that additional information was needed, particularly from Police, but he would like to find a temporary solution for 60-90 days. Councilmember Chow made a motion to grandfather the operations for 60-90 days and ask that the proprietor of the Casa Royale provide a security guard for the extended four hours that the card room would be open. Ms. Mailloux-Smith indicated that this would be acceptable to her. Councilmember Rowles indicated that the motion before the Committee was to have staff administratively put together a permit and grandfather the operations for 90 days. Motion was unanimously approved. Upon a question from the City Agenda Summary Report Legislative and Litigation Committee March 16, 1995 Page -3- Attorney regarding timing of Council meetings and waiting period before approval of ordinance changes, Chairman Rowles clarified that the permit should include that ordinance implementation timing requirements should not have an negative impact upon Ms. Mailloux-Smith's permit status. The City Attorney was directed to write a draft Legislation and Utigation Committee report on the card room issue exploring the options that the City has (1) enforce the existing City ordinance; (2) amend the City ordinance to be more like the County ordinance; or (3) amend the City ordinance to grandfather the card room in; and list the ramifications of each option. The draft report will be brought before the Committee for review at its next meeting. B. SET MEETING SCHEDULE The Committee approved the following meeting schedule for the rest of 1995: Thursday meetings at 4:00 p.m. in the City Manager's Conference Room on April 13, May 11, June 8, July 13, August 17, September 21, October 19, November 16, and December 7. 6. NEW BUSINESS None. 7. ADJOURNMENT The meeting adjourned at 5:25 p.m. Staff Attendees: City Manager Alan Tandy; City Attorney Judy Skousen; Lt. Bill Horton; and Administrative Analyst Trudy Slater. Public Attendees: Soly Bina, Casa Royale; Glenda Mailloux-Smith, Casa Royale Card Room. TTS:jp TOPICS N.Y. green groups fight ! leaf blower laws .' stands how someone could become upset the day. Twenty-five complaints over excessive noise caused by unthinking Tinelli and others believe the solution i prompt controversial operators, but he puts the blame on "the is for product manufacturers to continue unlicensed contractors who attack a job developing quieter machines, and for oper- ~ . legislation in a New York with three or four leaf blowers" during ators to use common sense when running I ~ity of ~O~OOO. early morning hours or dusk. leaf blowers. Given the small number of actual com- "We're very aware of (the need for) plaints about leaf blowers, many wonder noise reduction," says Tinelli. "This year, WHITE PLAINS, N.Y.--Landscape con- whether the problem is real or imagined, the New York Turf & Landscape Associa- · tractors from New York towns and villages tion has an education program dedicated in and around Westchester County are to noise reduction." protesting tighter restrictions on leaf Manufacturer involvement--Robin blowers. Pendergrast, spokesman for Echo, Inc., In September, 357 members of various says the company has been giving dealers New York green industry association chap- and end-users in more than 200 cities ters, nurseries, and product manufacturers across the U.S. the information they need and distributors held a rally outside city to operate blowers responsibly. The corn- hall here, hoping that mayor Sy Schulman pany's "Be Smart" campaign is meant to would hear them out. Schulman gave eliminate complaints caused by the incon- them about a minute of his time, but siderate use of leaf blowers. promised to hear more at a later date. According to Pendergrast, advance- Joe Tinelli of the New York Turf & ments in leaf-blower technology continue Landscape Association, Inc. (NYTLA) and to result in quieter equipment. president of Tinelli Landscape Co., "(Decibel) levels have gone down dra- Yonkers, called the rally "massive, orga- matically and will continue to do so," says nized and diplomatic." According to Tinelli, only 25 people in Pendergrast. It was also an attention-getter. Tinelli White Plains, a city of with a population of Leaf blowers save time, water and was interviewed later by a reporter for the 60,000, filed complaints, money for at least three groups: the corn- New York Times, and a local television sta- The NYTLA says New York green indus- mercial user; city parks and recreation tion picked up the leaf blower story for the try associations have spent thousands of departments; and the homeowners who nightly news. dollars on public relations and made many choose to pay to have their yards serviced. '~Ve want a compromise," said Tinelli, requests for compromise, but are still not One industry estimate suggests that a who claims a recent ban on leaf blowers being heard. And according to Tinelli, clean-up job that takes six minutes with a has been declared unconstitutional in the Westchester County landscapers were leaf blower would take 32 minutes if done New York suburb of Peekskill. promised a voice when it came time to with a broom and a rake. '%Ve've contacted an attorney who won draft legislation restricting leaf blower use, The leaf blower battle has been fought the case on the grounds that it's unconsti- but were eventually ignored by legislators, in some states since the late 1980s, but tutional to remove a tool that's essential to Contractors seek a compromise which only seven cities have banned the tool atrade,"saysTinelli, would let them use leaf blowers year- completely. Wake-up call--Tinelli says he under- round, but only during certain times of The need for blowers during the grow- ELSEWHERE Wise water use Audubon video Embracing turf Long list of in California, is on the way, certification, -current events, page~35 'page ~35 page 36 ~ page 36 34 Landscape Management, November, 1994 lng season could become more pressing as US Such a ban is under consideration in the eblowers respo . city of Yonkers, N.Y. l.t,£.ZttRtCt.t, ttt.~cho's "Be Sma~" camvaignincludes ~e followin~,;tiPs when" Westchester County contractors can using leaf blowers: now use their leaf blowers through ~ Encourage workers to use l~er--and quie~r~g0ffie speed; a ~ll~rottle:is November, but the issue will be back in not always necessa~. T~ running it at half or ~ree-qua~er ~rottle. the spring. Kevin Fish, executive officer of ~ Avoid neighboring prope~ies, open windows and othe~plades where~dust and White Plains, was quoted as saying he noise might be a nuis~ce. ' :'-::. -':: :':"~':;'5 · ''~- ' ' believes some compromise will be · Develop skill at using blower accessories like mister~'and'n~zleextensions: reached, and he promised the contractors · Be polite by promptly cleaning up debris. . ~ :" will get to tell their side of the sto~. ~ According to the comply, some employers tell workers to' shut down blowers ~Te~y Mclver entirely when people pass by. ~T~. PAGE i GAS POWERED LEAF BLOWERS TELEPHONE SOLICITED INFORMATION 20- Oct- 94 BELLFLOWER PARTIAL 12/08/86 YES I YES NON E NON E NONE MENTIONED IN NONE MENTIONED IN THEY CURRENTLY HAVE THREE , LEILANI V. INKS 8:oo PM - 8:00 AM NOT TO BE LEFT BEYOND CONVERSATION. CONVERSATION. ENFORCEMENT OFFICERS TO UNLAWFUL TO USE IN PROPERTY BOUNDARIES. I ENFORCE THE ORDINANCE. RESIDENTIAL AREA'S. CURRENTLY, THIS IS A ~ MISDEMEAN OR. BERKELEY YES 01/09/91 UNLAWFUl_ TO USE N/A N/A N/A LACK OF POLLUTION AND PRIVATE CONTRACTORS USE~ THE PARKS DIVISION IS USING JIMMY LEE TOTAL DEBRIS IN STREETS AND BLOWERS & IT IS DIFFICULT BROOMS & RAKESWHERE THEY BAN I GUTTERS. TO ENFORCE. THE CITY USED TO USE BLOWERS. THIS SHERRY KELLY - STAFF IS UN-SUPPORTAVE IS CAUSING INCREASED LABOR CITY CLERK OF THE BAN. COSTS AS WELL AS TIME. FAXED COPY. CIT~EN'S ARE COMPLYING , WITHOUT MUCH ENFORCEMENT. BEVERLY HILLS YES 1 1/15/88 UNLAWFUl. TO USE N/A N/A N/A RESIDENTIAL AREA'S DO THIS IS DIFFICULT TO THE CITY CURRENTLY CONTRACTS ROBERT CHAVEZ TOTAL NOT SEEM TO BE ENFORCE. RIGHT NOW THE OUT IT'S TURF MAINTENANCE. BAN COMPLAINING, EXCEPT VIOLATOR'S ONLY RECEIVE A SIDEWALK'S ARE INCLUDED IN THE FOR THE ONE'S THAT HAVE WARNING. NO FlEE SYSTEM BID AMOUNT. THIS HAS ENABLED PRIVATE GARDENER'S. IS ESTABLISHED YET. WE THE CITY TO HAVE A LOWER LABOR ARE WORKING TOWARDS COST. THE CiTY PARK'S STAFF FINES. USE ELECTRIC BLOWERS IN A LIMITED AREAAND ARE TRYING TO I PHASE THESE OUT ALSO. BURBANK NOISE 6/89 YES YES I NON E NON E RESTRICTIONS ARE BETTER ENFORCEMENT PROBLEM. THE DEPUTY DIRECTOR OF PARKS JAN BARTOLO O RD, NOT TO BE USED REQUIRED TO REMOVE THAN BAN'S AND SEEM TO IS WHO I SPOKE WITH AND SHE BETINEEN HOURS OF FROM STREETS AND BE WORKI~IG. DID NOT EVEN REMEMBER THAT 6:00 PM - 8:00 AM ADJOINING PROPERTIES, AN ORDINANCE EXISTED WITH WITHIN 200' OF A WITHIN 15 MINUTES. REGARD TO GAS BLOWERS. SHE RESIDENTIAL ZONE. DOES NOT KNOW OF ANY COMPLAINTS. PAGE 2 GAS POWERED LEAF BLOWERS TELEPHONE SOLICITED INFORMATION 20- Oct- 94 CAPITOLA NOISE 2/28/91 YES NOT ADDRESS ED I NONE NON E NO COMME~ITS. NO COMMENTS. NOT STRIC~.Y ENFORCED PER PAM ORD. 11:0o PM - 7:00 AMI DAVID DOWNER WHO IS THE PARK GREENINGER RESTRICTED USAGE . MAINTENANCE SUPERVISOR. ICARMEL- BY - NOISE 1992 YES YES NONE NONE GARDENER'S ARE MORE IUNAWAREOFEXlSTANCE. I THE ENFORCEMENT IS THAT THE THE - SEA ORD. NOT TO USE BLOWER NOT TO BE ON PUBLIC CONSIDERATE. FEW CITATIONS BUT SOME CITY POLICE ONLY RESPOND TO MIKE BRANSON ON PUSL~C PROPERTY. WARNINGS HAVE BEEN COMPLAINTS, AND THEN A PROPERTY OR TO ISSUED. WARNING IS ISSUED. THE CITY ALLOW DIRT/DEBRIS PARKS STAFF USE BROOMS AND 1 TO BE BLOWN ON E~.ECTRIC BLOWER IN LIMITED PUBLIC PROPERTY. AREAS. CAN USE ON PRIVATE OWNER OCCUPIED RESIDENCE. CUPERTINO NOISE 11/86 YES I NOT ADDRESSED' 5DBA- 15 MIN. MAX NONE NO COMMENTS NOCOMMENTS i THEY RECEIVE COMPLAINTS ALL GARY ORD. HOURS APPROVED:~ 10 DBA - 10 MIN.MAX THE TIME. CURREN'R.Y THE CITY IS KORNAHRENS MONDAY - FRIDAY 15 DBA - 5 MIN. MAX NOT CREATING OR REVISING THEIR 7:00 AM - 8:00 PM 19 DBA - 1 MIN. MAX ORDINANCE. HE THOUGHT THAT SATURDAY/SUNDAY THE STATE LEGISLATURE WAS , 8:00 AM - 8:00 PM I ! WORKING ON A BAN IN CALIFORNIA. DAVIS NOISE 03/22/93 YES NOT ADDRESS ED ( COMMERCIAL ) NON E !THIS IS A CITY THAT IS NONE NOTED. I THE CiTY COUNCIL IS CURREN'~-Y PAT RILEY ORD. HOURS APPROVED: 83 DBA WITHIN 25' I ENVIRONMENTALLY AWARE. LOOKING INTO BANNING OR MONDAY - SUNDAY OF RESIDENTIAL THE CITY MAYOR AND ONE RESTRICTING BLOWERS. THE 9:00 AM - 8:00 PM PROPERTIES. COUNCIL MEMBER ARE PRO NOISE ENFORCEMENT OFFICER ( NON-COMMERCIAL ) THE LIMIT IS 88 DBA. EPA. USES A DECIBEL METER TO tSSUE ............. OUTSIDE THE CITATIONS, ACCORD~G TO THE ( COMMERCIAL ) PROPERTY PLANE. NOISE ORDINANCE. PER MR. RILEY, MONDAY - FRIDAY ROBIN PENDERGRAST OF ECHO 7:00 AM - 7:00 PM I WILL COME TO CITIES AND PAGE 3 GAS POWERED LEAF BLOWERS TELEPHONE SOLICITED INFORMATION 20- Oct- 94 DAVIS SATURDAY / SUNDAY DISCUSS BLOWER INFORMATION, ( CONT. ) 8:00 AM - 8:00 PM CALL (708) 540-8400 FOR THIS REQUEST. FOUNTAIN NO NON E N/A N/A i N/A N/A N/A N/A NO COMPLAINTS OR PROBLEMS. VALLEY CREW LEADER ) I GLENDALE N O N ON E CO~ENT.' N/A N/A N/A N/A N/A THE CITY HAS PURCHASED TOM SMITH NOT TO BE USED COMMERCIAL BLOWERS WITH BEFORE 7:00 AM. PRE-SET EXHAUST & DECIBEL LEVELS TO ACCOMIDATE THE PUBLIC. NO COMPLAINTS SO FAR. LOS ANGELES NOISE 09/08/86 YES NOT ADDRESSED 65 DBA'S ~ NONE NO COMMENTS NO COMMENTS AIR QUALITY MANAGEMENT DIST. MAXlNE ORD. UNLAWFUL TO USE IS CURREN'I1.Y CONSIDERING A LIECHTER BETWEEN THE HOURS RULE REGARDING USAGE AND OF 10:00 PM - 7:00 AM. POSSIBLE BAN'S. THERE ARE SOME WITHIN 500' OF A CITIZEN COMPLAINTS ON NOISE & RESIDENCE. I POLLUTION. MENLO PARK NOISE 1986 YES NOT ADDRESSED NON E NONE NO COMMENTS NO COMMENTS THE CITY COUNCIL IS CURRENTLY JAYE CARR ORD. HOURS APPROVED: REVIEWING THE GENERAL PLAN MONDAY - FRIDAY AND MAY DISCUSS BAN'S ON NEXT 8:00 AM - 8:00 PM WEEK'S AGENDA, ( 10/17 - 10/21 ) (GARDE~IER'S ONLY)II THERE HAVE BEEN MANY CITIZEN , SATURDAY / SUNDAY ] COMPLAI~ITS REQUESTING CHANGE 11:00 AM - 3:00 PM IN crrY POLICY. ( RESIDENTIAL ) NO USE ON FEDERAL HOLIDAY'S. PAGE 4 GAS POWERED LEAF BLOWERS TELEPHONE SOLICITED INFORMATION 20- Oct- 94 PALO ALTO NOISE 07/01/89 YES NON E 175 DBA OR LESS NON E NO COMMENTS NO COMMENTS MOST PEOPLE COMPLY WITH THE DAVID ARO ORD. HOURS APPROVED: ! NOISE ORDINANCE. CURRENTLY TH~ MONDAY - SATURDAY POLICE DEPARTMI~IT IS WHO 9:00 AM - 5:00 PM ENFORCES THE RESTRICTIONS. SUNDAYS/HOLIDAY'S 10:00 AM - 4:00 PM SACRAMENTO NOISE 11/07/91 YES NOT ADDRESS ED PURCHASED BEFORE N ON E NO COMMENTS NO COMMENTS THIS HAS NOT BEEN A PROBLEM CHARLIE CALl ORD. MONDAY - SATURDAY 5/15/92-MAX. DBS 70 FOR THIS CITY SO FAR. ON 9:00 AM - 6:00 PM PURCH. BETWEEN OPERATIONS MORE THAN 200' [ SUNDAY I 5/15/92 - 11/15/95 FROM RESIDENTIAL PROPERTY - 10:(30 AM - 4:00 PM MAX. DBS 70 THERE ARE NO RESTRICTIONS AT 200' FROM RESIDENTS AFTER 11/15/95 ALL. ( ONLY WITHIN 200' OF PROPERTY. MAX. DBA'S 65 RESIDENTIAL PROPERTY I' SAN LUIS MR. TOLSON GAVE I OBISPO MY NAME & # TO LARRY TOLSON SOMEONE FISH TO CALL ME WITH INFO. SOLANO BEACH NO NONE NONE NONE NONE NONE NONE NONE MR. SKINNER SAID THAT BLOWERS BILL SKINNER / ARE NOT BEING USED IN SOLA.NO BEACH. THERE ARE NO PROBLEMS,/ SANS, OR RESTRICTIONS. HE HAS I NO FURTHER COMMENTS. SUNNYVALE NOISE PROPOSED PROPOSED NOT ADDRESSED NONE NONE NONE DECIBELS ARE DIFFICULT TD THEClTYCOUNClL ISCURREN13_Y THERESA ZARIN ORD. GOES TO PLANNING HOURS APPROVED: METER AS WELL AS REVIEWING THE ORDINANCE TO ON 11/14/94& THEN 7:OOAM - IO:OOPM I ENFORCE. MOSTNOISE DECIDE IF THEYWANTTOLIMIT TO COUNCIL ON ANY USERS ADJACENT ORDINANCES REQUIRE THE HOURS OF ALL POWERED *" '" PAGE 5 GAS POWERED LEAF BLOWERS TELEPHONE SOLICITED INFORMATION 20- Oct- 94 I SUNNYVALE 12/20/94 FOR TO RESIDENTIN. AREA. I YOU TO BE 25' FROM EQUIPMENT - NOT USED FOR ( CONT. ) APPROVAL. - ......... EQU PMENT TO MEASURE CONSTRUCTION. SHE DID A SURVEY COMMERCIAL AREA'S I NOISE. UNREALISTIC INVOLVING 5 CITIES SURROUNDING HAVE NO TIME LIMITS. ! MEASURES NEEDED. SUNNYVALE. WILL SEND TO ME, YUBA CiTY NOISE 12/19/91 YES NOT ADDRESS ED NON E NON E NO COMMENTS NO COMMENTS THIS CITY HAS NOT EXPERIENCED SKIP KING O RD. HOURS APPROVED: ANY PROBLEMS AS OF YET. MONDAY - SATURDAY BLOWERS ARE CURRENTLY NOT 6:00 AM - 9:00 PM AN ISSUE WITH THE CITIZENS. SUNDAY & HOLIDAY'S 8:00 AM - 9:00 PM