COUNCIL AGENDA REPORT. v ` REGULATION OF THE USE AND OPERATION OF LEAF BLOWERS INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE TOWN OF

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1 MEETING DATE: 5/ 5/ 14 ITEM NO: ry 1 DESK ITEM COUNCIL AGENDA REPORT DATE: MAY 5, 2014 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER / J v ` SUBJECT: REGULATION OF THE USE AND OPERATION OF LEAF BLOWERS INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION OF THE TOWN OF LOS GATOS MUNICIPAL CODE TO REGULATE THE USE AND OPERATION OF LEAF BLOWERS AND ADD IN SECTION RELATED TO ENFORCEMENT REMARKS: Staff received additional questions from the Town Council regarding this item. The questions and responses are as follows: Q: What is the timeline of the public communication and community outreach? A: Staff proposes mailing a Town -wide postcard to all residential households and businesses following the second reading of the ordinance, notifying those affected by the ordinance of its adoption and implementation dates; how to report complaints; and directing them to a Town web page with information on the ordinance. Additionally, staff will distribute information electronically through the Los Gatos Next Door website, the What' s New list serve, the Chamber of Commerce, and KCAT. Staff also recommends mailing a second Town -wide postcard in early December, prior to the conclusion of the proposed seven -month soft enforcement period that concludes on January 1, If Council would like additional public communication, advertisements could be placed in the Los Gatos Weekly for an additional cost of approximately $3, PREPARED BY: CHRISTINA GILMORE Assistant to the Town Manager Reviewed by: Assistant Town Manager jwown Attorney Finance NAMGRWdminWorkFiles\ 2014 Council ReportsNay 5\ LEAF BLOWER DESK ITEM. docx

2 PAGE 2 MAYOR AND TOWN COUNCIL LEAF BLOWER ORDINANCE MAY 5, 2014 Q: How will complaints be reported and handled? A: All leaf blower complaints and enforcement will be handled by the Town' s Code Compliance Officer. Leaf blower complaints can be submitted through an online complaint form or by calling Code Compliance directly. Q: How many of the communities surveyed by the Town have banned all gas blowers? What is the description of gas powered blowers that some communities have favored as having less impact? A: Ofthe fifteen ( 15) cities in Santa Clara County that staff surveyed, only two (2) cities, Palo Alto and Los Altos, currently ban the use of gas powered leaf blowers, but permit the use of electric leafblowers. Staff also surveyed the City of Beverly Hills and the City of Santa Monica. The City of Beverly Hills has banned the use of gas powered leaf blowers since the 1970' s, but does allow electric leaf blower use. The City of Santa Monica has banned the use of all motorized leaf blowers (gas and electric) since Generally, communities that have explored or implemented gas powered leaf blower restrictions, but still allow their use, have placed restrictions on the decibel levels emitted. The City of Burlingame limits the days and operation of leaf blowers in addition to restricting the use of gas or electric leaf blowers in excess of 65 dba. Q: What will be the impact on Town operations without the use of gas blowers? What is the fiscal impact? A: Parks and Public Works provides landscape maintenance at Town Parks and Civic grounds. Earlier this year, Town staff began a pilot program utilizing a battery powered leaf blower. As can be expected, there are advantages and disadvantages. The battery blowers are much quieter and have no emissions. On the other hand, the battery powered blowers are more expensive to purchase, are not as powerful, and require continual changing of batteries to complete an area. Electric leaf blowers are not feasible given the need for electric cords. Combined, the change equates to approximately 10% reduction in efficiency, an estimated increased one -time costs for equipment of $6,000, and ongoing estimated increased costs of $1, 000 per year for replacement batteries and blowers. There are currently few commercial battery powered blowers on the market and none that are backpack style. Backpack models are much more ergonomic in nature, relieving pressure on wrists and arms, so are preferred for Town employees. Q: Will there be a higher cost for landscaping contracts for the assessment districts if gas powered blowers are prohibited? A: PPW currently contracts for a large portion of landscape maintenance services, particularly focused on maintenance districts. The current contract expires July 1 and the department is already bidding a new contract. Part of the specifications includes compliance with the Leaf Blower ordinance. Staff expects that the costs will be absorbed in the contract and are unknown at this rime. If the requirement

3 PAGE MAYOR AND TOWN COUNCIL LEAF BLOWER ORDINANCE MAY 5, 2014 were added as a change to a current contract, staff would expect incremental increased charges to comply. Q: In regards to Section , enforcement and violation, it should state that someone has to be guilty of an infraction and the proposed $ 250 maximum penalty is not consistent with the Town' s fees and penalties, which go to a maximum of $500. A: Based upon this question, the Town Attorney has re- drafted Section as follows: C) The violation of any provision contained in this chapter is hereby declared to be unlawful and any person or entity found to be in violation shall be guilty of an infraction, which shall be punishable by a fine not exceeding two htmdred fifty dollars, five hundred dollars or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. After the staff report was prepared for this agenda item, additional correspondence was received for the period of 12: 01 p.m. Thursday, May 1 through 3: 00 p.m. Monday, May 5, Attachments 1, 1. Redlined Ordinance 2. Ordinance 2, 3 ( previously received with staff report) 3. Public Comments received through 12: 00 p.m. Thursday, May 1, Attachment 4 ( received with this Desk Item) 4. Public Comments received 12: 01 p.m. Thursday, May 1 through 3: 00 p.m. Monday, May 5, 2014.

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5 From: net [ mailto: mmomitz0comcast. net] Sent: Friday, May 02, : 18 PM Subject: Leaf blowers The benefits of the leaf blowers far out way the detriments!! The price of a gardener will skyrocket, if they have to clean up everything with a broom. Or... our town will look like a mess!! Please don' t outlaw leaf blowers!! Mary Patterson 119 Vista Del Campo Los Gatos, CA P. S. All of the campers, motorhomes, and trailers appearing in Los Gatos are really an eyesore!! Is there a town rule preventing this??? ATTACHMENT4

6 From: Diane Roberts [ Sent: Friday, May 02, : 23 PM To: Steven Leonardis; Marcia Jensen; Diane McNutt; BSpector; Joe Pirzynski Subject: Leaf Blowers Dear Mayor Leonardis and members of the Town Council, Please do what you can to lessen the impact of leaf blowers, particularly in residential areas. Not only is the noise generated by these machines a major problem, but the contaminated dust that is blown into nearby properties is as well. Just imagine what the contents of that dust are. We have found it necessary to wash the exterior of our home annually because of the accumulation of toxic dust from these machines. We have to stay inside while they are in operation. Please consider banning gas powered blowers. They' re bad for the environment. By the way, how will the decibel levels be checked and monitored? Thank you, I am glad this issue is finally being addressed. Diane Roberts

7 Original Message From: Marc Lavergne fmailto: Sent: Friday, May 02, : 01 PM Cc: Marc Lavergne Subject: Proposed Leaf Blower Ordinance - comment First objection: Electric leafblowers shall be operated only during thehours of 8:00 a. m. to 5: 00 p. m. weekdays and 9: 00 a. m. to 4:00 p. m. weekends in residential, commercial, industrial, public spaces or noise sensitive zones. Leaf Blower use is prohibited on Sundays and holidays. As a homeowner in a particularly tree filled part of town, I' m completely against the Sunday and holiday ban on electric leaf blowers. I have a large, tree filled property and I sometimes have to clean up my yard on weekends and holidays. Limiting that to non - holiday Saturdays is not a palatable option. I propose either we add Saturday hours on those days for homeowner use, or we allow electric blowers on holidays and Sundays between 9 am - 1 pm for homeowners. Second objection: Electric leaf blowers in excess of 65 decibels shall be prohibited from use in all residential, commercial, and industrial zones or public space. Did anybody research this? I don' t believe that any leaf blower is 65clB or lower in all measurement ranges, most of the manufacturer numbers are taken at 50 feet. I know neither my plugin or battery blowers are at that level and they' re quiet, but not "normal conversation" quiet which is what 65clB is. The fact is, if I' m 100 feet from my lot line, my neighbor is not going to be experiencing anywhere near 65dB even if my leaf blower is running at 90dB. This needs to be higher, 70dB (the level of a TV set) is somewhat more reasonable. Note that lawn mowers run at 90dB.. Either way we at least need to add a note to the rule that the db level is measured at 50 feet to match the stated industry standard for measuring power tool clbs. Third concern: Gasoline leaf blowers shall be prohibited from use in all residential, commercial, and industrial zones o rpublicspace. This will make it difficult to find landscapers to maintain large properties. As a result, I may resort to removing many of the messier leafy trees on property. I don' t have a problem with limiting some hours and noise levels, but in my opinion, pursuing this as a source of GHG reductions is reallyjust pushing owners to remove or avoid planting leafy trees. Marc Lavergne 243 Jones Rd Los Gatos CA com

8 Original Message From: Josef.kohn [ mailto:!osef.kohnczdrmail. com] Sent: Saturday, May 03, : 42 AM Subject: 100% FULL SUPPORT for the proposed leaf blower ordinance Dear Los Gatos Town Council my family and I are in 100% full support for the proposed ordinance. While we consider leaf blowers in residential areas a generally un- necessity, the gasoline - powered ones certainly are the worst! The excessive use of them in our neighborhood causes hours of extremely noise and air polluting annoyance every week. Best Regards Josef Kohn Towne Terrace, Los Gatos Sent from my ipad Mini

9 From: Paul Dueweke rmailto: pwduewekecalyahoo. corn Sent: Saturday, May 03, : 38 PM Subject: STOP LEAF BLOWERS Please Stop Dirt Blowing: the job that doesn't need to be done. You have heard all the arguments about the noise, pollution, and dust and they are true. And it's also true that leaf blowers are a more efficient way to move dirt around than the traditional rake and broom. But here is the rub they are generally doing jobs that don't need to be done. Most leaf' blowing is actually " dirt" blowing on sidewalks, streets, driveways, and parking lots. The bulk of that small- particle dirt goes airborne to get deposited elsewhere to get recycled by other leaf" blowers, but not before some fraction of it is filtered through my lungs, thus allowing me to contribute my small part for clean air in Los Gatos. Before the age of leaf blowers, there was probably a bit more dirt on the streets because my lungs were not doing quite as much filtering then, but the dirt would get washed away in the rainy season. I think we got along very nicely with dirtier sidewalks and cleaner lungs. I believe blowing hard surfaces like streets and sidewalks is the job that doesn' t need to be done. But it is done because it's so cheap to do nowadays. And we air breathers are paying for it. Paul Dueweke Robie Lane Los Gatos, california

10 Original Message From: Chuck Snyder [ mailto: realchuck@comcast. net] Sent: Sunday, May 04, :57 AM Subject: Gasoline leaf blowers proposed ordinance I first heard about this proposed ordinance on Friday May 2, just 3 days before the scheduled public hearing via a What' s New" from the town. I believe a hearing for such a far - reaching ordinance should be preceded by more effective and timely notice. I strongly urge the town council to revise the proposed ordinance regarding gasoline leaf blowers to: Allow gasoline leaf blowers that have sound levels of not more than 65 decibels and which are California Air Resources Board ( CARB) compliant. I believe these modifications satisfies both of the objectives, (i. e. noise and air pollution) of the proposed ordinance as stated in the Staff report. As I walk daily around our town I observe that the main users of gasoline leaf blowers are paid gardeners. This ordinance will require these gardeners to spend much more time cleaning up by having to deploy and then recover electrical extension cords, and to take precautions to prevent pedestrians tripping over said cords. This added difficulty can only increase the cost to homeowners and decrease competition as some gardeners will no doubt choose to work in more hospitable municipalities. Otherwise, why not restrict all sound levels around town to the same level as the proposed 65 decibels for electric leaf blowers, such as gasoline lawn mowers, gasoline hedge trimmers, gasoline string trimmers, Music in the Park, etc. How will the town enforce this new restriction? There is a law regarding the noise level from vehicle exhaust, but we all hear motorcycles, particularly Harley- Davidsons bleating and blasting around town and I have yet to see one ticketed for this obnoxious racket. Is the police department going to spend any more time enforcing a leaf blower ordinance than they do exhaust noise violations? If not the police, whose time and expense will be incurred in policing this ordinance? Thank you, Chuck Snyder Los Gatos

11 Original Message From: Cameron Tulee [ mailto: Sent: Monday, May 05, : 13 AM Subject: Leaf Blower Ordinance Town Manager of Los Gatos, Regarding the proposed Leaf Blower ordinance, for residents using leaf blowers I agree that the use of gas blowers is not a good idea, however, many residents, HOA' s and Commercial property owners hire gardening services to perform such a task. Many of the locations, especially HOA' s and Commercial, lack sufficient outlets to use corded blowers so the only option would be battery powered blowers. Battery blowers might do the job at one location, however, since these gardening services go to multiple sites ( maybe /probably outside of Los Gatos), it would require them to have on hand a potentially large stock of batteries. Then somehow charge them all overnight. This seems like a large expense and inconvenience to these services. In addition, if neighboring towns and cities are not also banning gas blowers then they might have to have both kinds of blowers which is again an expense and inconvenience. Is this ordinance being coordinated around the bay area? Have other towns or cities already passes similar ordinances to this? Thanks, Cameron Tulee 120 -L College Terrace, Los Gatos

12 From: Marty Stuczynski [ mailto: martystuccbatt. netl Sent: Monday, May 05, : 48 AM Subject: Reasons to ban gas leaf blowers Dear Los Gatos City Manager, My home is on the Los Gatos / San Jose border (in San Jose). Recently my work has taken me to all parts of Los Gatos and I find remarkable the number of commercial lawn services working in these neighborhoods daily, including weekends both Saturday and Sunday. Many people don't realize the gas power tools used by these services make extensive use of two -cycle motors which burn a highly air polluting mix of gasoline and oil. Of course homeowners also make use of gas lawn tools. The vast majority of leaf blowers use these very polluting two -cycle engines. Moreover the high rpm grating noise generated by the most egregious of these, the gas leaf blower, seems to be a near constant stress inducing presence during daylight hours. Sometimes several gas blowers are being used simultaneously on the same street. It' s difficult to enjoy one' s hard earned home and I find myself anticipating the noise starting up even when things are quiet. Leaf blowers also create an aerosol of dust, debris, pollen and fungal spores. These particulates have been implicated in exasperating asthma, allergies and even serious diseases such as Valley Fever. Global CO2 levels are at record highs. We need to stake more steps at air pollution reduction and conservation of petroleum. For ease of enforcement I highly recommend a ban on all gas leaf blowers. Over twenty other California cities have banned or restricted gas blower use. Two -cycle motors have been banned from road use for decades. As a substitute, portable, electric battery powered blowers are readily available. I am working to ban gas blowers in San Jose and the SJ city council is considering arguments to implement a ban search " Ban Leaf Blowers San Jose "). Over 380 people have signed my on -line petition. A ban in Los Gatos will set a healthy and sane precedent for other cities to follow the other cities in California and the US that have implemented bans. Sincerely, Martin Stuczynski 5117 Esther Dr. San Jose, CA

13 From: Tina D'Angelo [ mailto: tinamawlacagmail. com] Sent: Monday, May 05, : 10 PM To: Council Subject: Would you kindly submit the attached letter to the Council for tonight's hearing on Item 7? May 5, 2014 Los Gatos Town Council 110 E Main Street Los Gatos, CA Re: Item 7 - Uraina Real Dear Town Council Imagine trying to conduct a Town Council meeting with a noisy, gas - powered leaf blower running in the background. Now make it two. The blower - operators with ear muffs, and you with none; You, also, in the dark about when the noise will stop in a minute? four hours? You would struggle to speak and to hear, you would not know whether to continue with the meeting or adjourn, and would find the experience exasperating. You might end up relocating your meeting venue. That's our experience at our home in Los Gatos, virtually every day of the week except Fridays. It was the case at our previous homes in Los Gatos and is also a factor at my Los Gatos workplace. It' s come to the point where these unregulated and totally unpredictable gas - powered leaf blowers, leave us and others who live and work in Los Gatos: unable to work from home and sometimes not even at the office; unable to schedule or conduct an important phone call of any length at home or at the office ( I have literally at times had to go and sit in my car); unable to leave a baby sleeping at home without interruption; unable to plan any kind of daytime or weekend event at home such as a BBQ, baby shower, birthday, party, or bridal shower; subject to additional costs (double -paned windows, commuting to work when otherwise permitted to work from home, decline in property values due to noise); subject to extraneous pollution. If you ask a property owner, business owner, or HOA that the noise or use be minimized, the response is always that but it's not against any code%rdinance." Should each homeowner sue their neighbors in court for nuisance -- OR, should there be basic guidelines and oversight? We urge the latter by requesting that the Town Council amend section of the Town code as proposed, but to include a ban for use on Saturdays as well. Saturday is the Sabbath for many, and the weekend is the only time that busy Silicon Valley professionals have to relax or plan outdoor events such as BBQs. Is two days of quiet enjoyment too much to ask? Los Gatos should be a place that' s environmentally - conscious, and in which the well -being of its residents is not trumped by the convenience of contractors. We pray that you will agree and vote YES on the amendment as modified to include Saturday. Sincerely, Tina & Dario D' Angelo 408)

14 From: PATRICIA C. [ mailto: Pscannura@comcast.net] Sent: Monday, May 05, : 53 PM Subject: Blower Ordinance Town Members and Council, I am in favor of the ordinance limiting the use of gasoline leaf blowers. In my neighborhood ( 255 Howes Court) there is always the irritating noise of a blower and the dust associated with it in addition to the smell of gasoline. I wish they would use a rake like in the old days. My windows are always dusty and often they do not pick up all the debris and blow it over to someone else's lawn. Irritating. Thank You Pat Scannura 255 Howes Court Los Gatos Ca

15 From: KimdelnhiaCalaol. com [ mailto: coml Sent: Monday, May 05, : 33 PM To: Council Subject: leaf blower proposal Dear Council Members, would like to adamantly oppose the ban of gas leaf blowers in our city. I propose instead a timing ban... say banned before 9 am and after 4 pm. understand that they are noisy, but would Thank you Kim Wickstrum Blossom Hill Rd Los Gatos CA National Crimes: I dony think, I don't know, I don' t care, I'm too busy, Leave well enough alone, I don't have time to read and find out, I am not interested.

16 From: Morgan Slain [ mailto: morgancalsolashdata. com] Sent: Monday, May 05, : 47 PM Subject: Leaf Blower Ordinance I wanted to write in favor of the proposed Leaf Blower Ordinance as proposed by town staff. This may sound like a minor issue, but it's really a test of how we value quality of life in our community. Wouldn' t we like Los Gatos to be the kind of place where residents can peacefully enjoy a walk through their neighborhood? Have breakfast outside on a patio? Or work from a home office as more and more of us in town are? The reality is that all of these activities can be made difficult or unpleasant because we live in an affluent area where almost every household is able to hire a gardening service and currently these gardening services have no reason to choose anything but the cheapest and therefore loudest leaf blowers, which incidentally are the worst for our environment. The leaf blowers that gardening services commonly use in Los Gatos operate at over 70 decibels and use two - stroke engines that are among the least efficient and most polluting gasoline burning engines. The alternatives to gas powered blowers include a wide variety of ever more powerful and quiet electric blowers, which incidentally many larger gardening services already have purchased because they need to use them in other communities near Los Gatos that have already instituted restrictions on gas powered blowers. I lived in Los Angeles in the 1990' s when the city and county implemented a comprehensive leaf blower ban, and the difference it made in everyday quality of life in the neighborhoods I lived in was extraordinary. Some cities in our area that already have leaf blower bans in place include Palo Alto, Los Altos, Sunnyvale, Mountain View, Woodside, Belvedere, Carmel, Tiburon, and Berkeley. In Southern California, municipalities with bans on gas powered blowers include notjust Los Angeles but San Diego, Santa Monica, Beverly Hills, and Santa Barbara. I know staff have already approached officials in some of these communities to find out how their ordinances worked, and I think the experiences of communities like these over the past 20 years disprove many of the notions that opponents of leaf blower restrictions keep mentioning (e.g., burden on law enforcement, inability of commercial services to use electric blowers). Best regards, Morgan Morgan Slain Chief Executive Officer SplashData, Inc.

17 Original Message From: Mark weisler [ ma i[ to: mark we isle r(ftmail.com] Sent: Monday, May 05, : 30 PM Subject: Opposed to Gasoline Leaf Blower Ban Manager of the Town of Los Gatos, I am opposed to the complete banning of gasoline blowers as such an ordinance would increase the cost of landscape maintenance with little benefit to the environment. Gasoline blowers might be subject to regulation according to sound and hours of use. Thank you. Mark Weisler 208 Tait Avenue

18 Original Message From: Diane Siemens fmailto:siemedianpcomcast. net] Sent: Monday, May 05, : 38 PM Subject: Leaf Blowers - May 5 Agenda To: Manager and Town Council From: Diane Siemens, 69 Ellenwood Ave. Los Gatos, CA I am definitely in favor of the proposed ordinance banning gas powered leaf blowers. They have become a very serious noise problem in my neighborhood. We measured the noise from one blower (which is used about five days a week) at almost 80 db. The gardener with this blower uses it for as much as two hours at a time. I would also like to see enforcement of the 65db limit on noise from all types of equipment. Enforcement is a problem. It doesn' t happen even with complaints.