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June 13, 2005 / REPORTS OF OFFICIALS
Request to Provide Staff with Policy Direction for a Revised Ordinance Regulating Leaf Blowers and Approval of an Amendment to Palo Alto Municipal Code Chapter 9.10 Changing the Effective Date of the Prohibition of Gas Powered Blowers to after December 31, 2005
Police Chief Lynne Johnson said a six-month extension had been requested by staff to allow for changes to the ordinance. [NOTE: The change was denied and the December 31, 2005 ban deadline was kept in force.)
Public comments:
- Russell Targ, 1010 Harriet Street, said environmental justice did not give anyone the right to pollute the air or disturb the peace in a residential neighborhood.
- Patricia Phillips, 1010 Harriet Street, said a leaf blower ban in Los Angeles had not caused gardeners to lose their jobs.
- Tammie Pereira, 143 Louise Lane, San Mateo, said the cost of maintenance would increase if leaf blowers were banned.
- Dan Skinner, 30305 Bradham Drive, Visalia, said new technology would produce a hybrid four-stroke leaf blower to address the sound level.
- Council Member Beecham asked whether staff had information on the 65-decibel (dBA) leaf blower and if it was available.
- Mr. Skinner said he would provide staff with the information and that it was available.
- Council Member Morton asked whether the backpack leaf blower was a four-stroke model.
- Mr. Skinner said two manufacturers were currently working on a four-stroke hybrid engine backpack leaf blower.
- Council Member Morton said the leaf blower met the dBA requirements.
- Mr. Skinner said the test result information was for that particular leaf blower.
- Michael Hertzer, 214 Cristich Lane, #101, Campbell, said he opposed the outright ban on the gas leaf blower. He indicated there were four-stroke engine leaf blowers that met the 65-dBA requirements.
- Rita Morgin, 600 Channing Avenue, said gas-powered leaf blowers were a problem for air quality.
- Dale Johnson, 2327 Sierra Avenue, said he had increased health problems from leaf blowers.
- Elizabeth Lee, 2327 Sierra Court, said the American Lung Association recommended against gas leaf blowers.
- Valerie Voight, 3028 Emerson Street, said individuals who used leaf blowers needed to respect the rules regarding hours of use.
- John K. Abraham, 736 Ellsworth Place, said the ban on leaf blowers should be enforced.
- David Low, American Lung Association of Santa Clara County, 1469 Park Avenue, San Jose, said brief exposure to leaf blowers could lead to health problems; long-term exposure could lead to respiratory diseases.
- Pat Blumenthal, 777 Newell Road, said there was enough noise pollution in the community.
- Robert Finn, 271 Lowell Avenue, said Palo Altans had waited five years for relief from the health hazards and disruptions caused by leaf blowers.
- Lina Crane, Lois Lane, said she hoped silence would prevail by July 1, 2005.
- Ellen Fletcher, 777-108 San Antonio Road, said it was unnecessary for every leaf to be discarded in the community.
- Deborah Goldeen, 2130 Birch Street, said noise produced from leaf blowers should not be allowed.
- Karen Harwell, 1335 Dana Avenue, said her gardener used the leaves from her garden as mulch and compost.
- Robert Moss, 4010 Orme Street, said electric-powered leaf blowers were more popular, less expensive, and as efficient as gas powered leaf blowers.
- Sanford Forte, 280 College Avenue, said leaf blower manufacturers should provide solutions to address the health and well being of gardeners, their customers, and the environment.
- Juan Carlos Prado, 212 Lincoln Avenue, said homeowners should ensure their gardeners were certified.
- Micaela Flores, 967 Bay Road, East Palo Alto, said her dad was a gardener in Palo Alto; the gas leaf blowers should not be taken away from the gardeners.
- Catalino Tapia said the leaf blower enabled him to serve more customers in his job as a gardener.
- Jose Aleman Gleangrin Viewsen, 345 Manzanita Way, Woodside, said he instructed gardeners on the proper use of leaf blowers.
- Jose Gonzalez, 340 Larkspur Drive, East Palo Alto, said the ban on leaf blowers should be extended to provide time for education.
- Valentine Gonzales, 43 Atherwood Avenue, Redwood City, said banning leaf blowers would affect gardeners and their customers.
- Myra Orta, 1225 Via Huerta, Los Altos, said the ban on leaf blowers worked in Los Altos and many other communities in California without increased fees.
- Miguel Barron, 490 4th Avenue, Redwood City, said he used the quietest leaf blower with the least amount of pollution.
- Ramon Quezada, 258 Alameda, Redwood City, said a solution that benefited everyone should be found.
- Hector Sandoval, c/o 193 Arch, Redwood City, said garden maintenance took less time with gas leaf blowers than with electric leaf blowers.
- Rafael G. Madriz, 342 Beverly Avenue, Millbrae, said he hoped for a solution to the issue.
- Roland Finston, 856 Thornwood Drive, said electric leaf blowers were easier to turn off when pedestrians and bicyclists were passing by on sidewalks and streets.
- Hillary Hug, 381 Oxford Avenue, said gas leaf blowers created air pollution and noise.
- Jeff Hook, 381 Oxford Avenue, said the current ordinance only banned gas-powered leaf blowers in residential areas.
- Robin Bayer, 381 Oxford Avenue, said a survey by the Comprehensive Plan Advisory Committee indicated Palo Alto residents valued quiet neighborhoods and clean air in their community.
- David Schrom, 381 Oxford Avenue, said it was difficult to predict the consequences, which could result from the ban.
- Francisco DeLeon, 6 St. Mary's Road, Redwood City, said he hoped for a compromise with the City; more time was needed before the ban was enforced.
- Nonette Hanko, 3172 Emerson Street, said her gardener tested his gas and electric leaf blower versus raking; the gas blower worked the best.
- Gerardo Lombera, 436 Warrington Avenue, Redwood City, said the gardeners were educated to properly operate gas blowers and would like an extension to respond with a better solution.
- Carolyn L. Curtis, 531 Alger Drive, said progress needed to be made regarding the community’s pulmonary health.
- David Vick, 323 Manzanita Avenue, said airborne particulates created a health hazard.
- Council Member Morton asked whether the opinion of the community would
be clearer in six months. Ms. Johnson said the six-month recommendation was to allow for wording
changes in the ordinance and to share the changes with the general public.
- Council Member Morton said, currently, commercial properties would be exempt but City properties would not be exempt. The increase in cost to the City would be $2 million. Assistant City Manager Emily Harrison said staff recommended a lower level of cleanliness in the City’s parks.
- Council Member Morton said the City could be exempted; the ban would only be residential. He asked what would it cost to add a measure on the November ballot. Ms. Rogers said a measure on the November ballot would cost approximately $50,000.
- Council Member Morton felt it would be beneficial to spend $50,000 to obtain the opinion of the community. It could be added to the ordinance that residents should hire only certified gardeners.
- City Attorney Gary Baum confirmed it could be a legal option.
- Council Member Morton said he did not believe there should be a ban on gas leaf blowers.
- Council Member Kishimoto said the Council reached a compromise five years prior. She felt additional enforcement was needed.
- Council Member Beecham said if no action was taken, what would be banned as of July 1, 2005.
- Ms. Johnson said gas-powered leaf blowers would be banned for commercial
gardeners as well as for residents.
- Council Member Beecham asked whether an initiative or other action could be taken if the Council did not take action.
- Mr. Baum said if no action were taken, the ordinance would go into effect on July 1, 2005; gas-powered leaf 's use would be banned in residential areas by homeowners, gardeners, and City staff. An initiative could allow or ban all forms of leaf blowers.
- Council Member Beecham stated the objective was to reach a certain lower noise level on leaf blowers and asked whether it had been effectively mapped.
- Ms. Johnson said an instrument's rating could be affected by other factors.
- Council Member Beecham said electric blowers might not be quieter.
- Ms. Johnson agreed. She said in other cities, gardeners chose to use gas-powered generators to operate their electric leaf blowers.
- Council Member Beecham asked when other cities banned leaf blowers, were all blowers banned or just gas-powered leaf blowers.
- Ms. Johnson said the greater majority of the bans were on gas powered leaf
blowers.
- Council Member Beecham said the expectation was other cities had electric gas generator powered, or battery operated, leaf blowers. He asked whether the battery-operated leaf blowers were quieter than gas blowers.
- Ms. Johnson said most of the battery-operated leaf blowers were quieter.
- Vice Mayor Kleinberg said a 1998 report listed the cities that had banned gas and/or electric leaf blowers; most of the cities listed had banned gas leaf blowers.
- Council Member Beecham said in 2002 an amendment to the approved ordinance extended the ban's deadline until 2005 with the hope the noise generation and gas emissions of the gas leaf blowers would be reduced. He asked whether any recent leaf blowers met the 65-dBA testing.
- Palo Alto Police Lieutenant Mark Venable said there was a difference in the
manufacturer's test results in a controlled environment and what they were in the field.
- Council Member Beecham asked when the most recent testing was completed.
- Lt. Venable said the testing had been completed two to three weeks prior. He said the latest manufactured equipment, which included an electric leaf blower, had been tested.
- Council Member Beecham said he was disappointed that additional time did not produce a leaf blower that met the required 65-dBA.
- Council Member Cordell said five years was provided to prepare for the ban to obtain viable alternatives. A review in one year would determine whether the ban should continue.
MOTION:
- Mayor Burch moved to direct staff to create a new ordinance to
ban both electric and gas leaf blowers; to not allow commercial or park
exemptions; enforcement should be by complaints followed up by a letter;
and the ordinance would become effective December 31, 2005.
MOTION FAILED FOR LACK OF SECOND
- Council Member Freeman said the health and safety of Palo Alto, its
neighbors and visitors was important. The California Lung Association's web site suggested gas leaf blowers should be banned.
- Council Member Ojakian felt nothing would be accomplished by an extension of the ban. Caution had been taken because there was concern about the gardeners and their livelihood. Palo Alto wanted to send a message to the manufacturers that it did not want gas leaf blowers.
- Vice Mayor Kleinberg said smaller steps should be taken with identified successes, and staff would report back in a year. Respect should be given to the gardeners who said they needed the gas blowers, but to take seriously the concerns of the community.
- Council Member Beecham said noise and air pollution issues would continue.
- Council Member Freeman concurred that staff should return in a year with a report and to use a survey to obtain information from the residents.
MOTION:
- Council Member Ojakian moved, seconded by Freeman, to deny the staff recommendation and direct staff to report back to the Council in one year on the effects of the impacts on the ban of leaf blowers.
- Council Member Ojakian said 98 percent of 200 pieces of communication received by the Council asked that the ban on leaf blowers not be extended.
- Council Member Morton said the particulate and noise problems had not been solved.
- Mayor Burch said a greater service to the gardeners and the residents would
be accomplished by banning all leaf blowers.
- Vice Mayor Kleinberg said a step needed to be taken in the direction
suggested by the health organizations.
MOTION PASSED 7-1, Beecham no, Mossar absent.