From: John Murdock
To: councilmtgitems
Cc: [email protected]; [email protected]; [email protected]; [email protected]; Nikki Kolhoff; [email protected]; [email protected]; [email protected]; John Murdock
Subject: Re: July 25, Leaf-blower ordinance changes, Agenda Item 10.D-- OPPOSED BY FOSP Date: Sunday, July 23, 2023 8:19:45 PM
EXTERNAL
Dear Councilmembers:
Greetings from the Board of Friends of Sunset Park (FOSP), which remains opposed to the proposal to weaken the total leaf-blower ban currently in effect in Section 4.08.270. (See previous letter submitted March 2023, reproduced below). The theory behind the proposal (i.e., reduce noise and gas emissions) is well-meaning but counter-productive. It legalizes the presently illegal electric blowers that stir up particulate matter and dust pollution that remain hazardous to health and the environment.
The dual rationale offered for the amendment is that the removal of the current ban on electric blowers "may incentivize users to convert" to electric, and the city will "target enforcement at the owners or occupants of property who may violate this provision or employ those who do, rather than punishing those who may be least able to pay fines". (Staff Report). However, FOSP respectfully suggests that neither rationale provides justification for legalizing electric blowers.
First, the proposal contains no actual "incentives" of any kind, it is founded on speculation (staff says it "may incentivize"), rather than any evidence. Since no one is enforcing the law, what incentive is there to replace gasblowers? The current widespread violations frequently witnessed by City residents and Staff have been explained in the Staff report, and by Councilmember Brock recently, as a lack of resources for code enforcement or police officers to cite anyone. So, if there are no resources for code enforcement to enforce a total ban, it will be even harder to enforce a half-ban by making the (non-existent) code enforcement officers investigate, inspect, and discern exactly what kind of leaf blower is being used, which simply adds a time-consuming step to existing enforcement which can be done by merely seeing a leaf blower in operation, no matter what kind it is.
The second rationale offered in support of the motion, that it will allow the city to "target" the property or business owners "rather than those who may be least able to pay the fine", is already in the current law ( See Section 4.08.270 (a)(2), "No owner of real property...shall allow..., and (a)(3), "no person who owns... a gardening... service..."). Thus, no amendment of any kind is needed to "target" owners of the property or the business, they can be cited today under existing law. Moreover, since the rationale for not citing anyone is the supposed lack of resources for code enforcement officers, how does focusing the target on one person vs another person change the "non-enforcement-due-to-lack-of-resources" policy?
The proposal to allow witnesses to submit video evidence and declarations for administrative citations in no way depends on allowing electric blowers, that amendment can be added to the existing law for any violations.
If any leaf blowers are to be allowed, they should be conditioned not only on a maximum allowable dbl, but also on requiring a vacuum bag to collect the debris being stirred up. However, FOSP does not agree this would solve the noise and pollution problems; rather, FOSP believes it is better to retain the current ban and enforce it now, or at the very least, keep it on the books until resources are found to enforce it.
As a reminder of the reasons for adopting the original ban, see our prior letter (below) and see this blurb published by Citizens for Quieter Sacramento regarding particulate matter:
"Street dust includes lead, organic carbon, and elemental carbon according to a study conducted for the ARB. The Lung Association states 'the lead levels are of concern due to [their] great acute toxicity... Elemental carbon...usually contains several adsorbed carcinogens.' Another study found arsenic, cadmium, chromium, nickel, and mercury in street dust as well. The ARB states that a leaf blower creates 2.6 pounds of PM10 dust emissions per hour of use, and based on this a report from the Sacramento Metropolitan Air Quality Management District states that leaf blower dust is responsible for two percent of our PM. Blowers are widely used in residential areas where many people are exposed."
FOSP also notes that the labor-time/efficiency arguments made by leaf-blower promoters ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
against the "rake & broom" proponents are unpersuasive, as demonstrated by this novel competition in Pacific Palisades:
"Grandmother Proves Rake and Broom as Fast as Leaf Blowers (January 8, 1998 press release from Zero Air Pollution, Los Angeles) In fighting the ban on gas powered leaf blowers gardeners have argued that it would take them twice as long to do jobs if they had to use rakes and brooms. But Diane Wolfberg, a Palisadian grandmother in her late 50s, proved them wrong in tests conducted by the Department of Water & Power Leafblower Task Force last Thursday.
In three tests involving gas powered leaf blowers and battery powered leaf blowers, Diane cleaned the areas using rakes or brooms faster than any of the battery powered blowers and almost as fast as the gas powered leaf blowers and she did a better job in cleaning up the areas.
The Task Force, formed at the direction of the Los Angeles City Council, is composed of two representatives from the gardeners' associations and one representative each from the landscape contractors association, the dealers, DWP, the Department of Parks and Recreation, General Services, the City Council, and the homeowners. It is evaluating electrical alternatives to the gas powered leaf blowers. When it was proposed that the electrical equipment be tested against gas powered leaf blowers which would be the baseline for comparison, the homeowner representative, Jack Allen, also of the Palisades, suggested that rakes and brooms be included in the comparison.
Wolfberg, who like Allen, is a member of Zero Air Pollution (ZAP), volunteered. In the first test, which required each participant to clean a pebbled cement patio area approximately 100 square feet in size with eight chairs placed on the patio, diminutive Wolfberg cleaned the area in two minutes and 30 seconds. The gas powered leaf blower operated by a large, well muscled gardener cleaned the area in two minutes but like all the leaf blowers, did not clean the area of small nuts or leaf stems, something Wolfberg was able to do.
In a second test involving the moving of paper cups and wadded paper down a 50 foot slope and back up again, she was as fast as the gas powered leaf blower and faster than the electric blowers. In the third test, requiring the cleaning of a heavy bed of pine needles and dirt down a thirty foot concrete ramp, she was the fastest and the cleanest. The leaf blowers all sent columns of damp dirt flying into the air as much as five or six feet.
Wolfberg's performance did not impress the gardeners but did impress others who had been convinced that using rakes and brooms was not feasible. The representative from DWP told Wolfberg that she had won him over." WE INCORPORATE OUR PREVIOUS FOSP LETTER, SUBMITTED IN MARCH:
To: Mayor Davis and City Council members
From: Board of Directors, Friends of Sunset Park (FOSP) RE: 3/14/23 agenda item 16-A -- Allowing electric leaf blowers The FOSP Board opposes 3/14/23 agenda item 16-A
The current city ordinance says: " No person shall operate any motorized leafblower within the City. (2) No owner of real property, tenant in possession of real property, or person in control of real property shall allow the operation of a motorized leafblower on the property."
The city’s rationale includes the following:
Leaf blowers pose multiple health risks due to air pollution attributed to their use. The pollution includes a mixture of fine particles blown into the air, particles that can go deep into the human lungs.To address these concerns and others, many cities have banned leaf blowers; and Santa Monica has recently renewed its commitment to the enforcement of its leaf blower ban, which has been in place since 1991.
Multiple health threats include spreading airborne particles, which can provoke asthma and other respiratory diseases, and eye injuries from pebbles and twigs propelled by blowers.
Blowers blow herbicides, pesticides, and fecal contaminants up from the ground into the air, especially troubling asthmatics and allergy sufferers, and increasing the threat to everyone.
Opinion: "The First Thing We Do, Let’s Kill All the Leaf Blowers" Margaret Renkl -- 10/25/2021 -- New York Times -- tinyurl.com/2p8shpaw "Nearly everything about how Americans “care” for their lawns is deadly. Pesticides prevent wildflower seeds from germinating and poison the insects that feed songbirds and other wildlife. Lawn mower blades, set too low, chop into bits the snakes and turtles and baby rabbits that can’t get away in time. Mulch, piled too deep, smothers ground-nesting bees, and often the very plants that mulch is supposed to protect, as well....
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
“The trouble with leaf blowers isn’t only their pollution-spewing health consequences. It’s also the damage they do to biodiversity. Fallen leaves provide protection for overwintering insects and the egg sacs of others. Leaf blowers, whether electric or gasoline-powered, dislodge the leaf litter that is so essential to insect life — the insect life that in turn is so essential to birds and other wildlife. The ideal fertilizer and mulch can’t be found in your local garden center. They are available at no cost in the form of a tree’s own leaves...." Again, the FOSP Board opposes item 16-A.
*************************************************************************** Background information:
Agenda for 3/14/23 Council meeting:
https://santamonicacityca.iqm2.com//Citizens/detail_meeting.aspx?ID=1355 No items
16. COUNCILMEMBER DISCUSSION ITEMS
A. Request of Councilmembers Zwick and Brock to ask the City Attorney and City Manager to return to City Council with amendments and updates to the Municipal Code to prohibit gasoline powered leaf blowers, allowing for electric leaf blowers and enhancing enforcement of the prohibition on gas powered leaf blowers. Also, request the City Manager to return with potential funding sources to incentivize conversion to electric leaf blowers. A draft ordinance amendment is attached.
<clip_image001.png>
Revised Title 3/9/2023
<clip_image002.gif> Staff Report Printout
a. Zwick re leaf blowers
031423_Draft ordinance
Current Leaf Blower Ban:https://www.smgov.net/departments/ose/categories/landscape/leaf_blower_ban.aspx rch Results Featured snippet from the web
(1) No person shall operate any motorized leafblower within the City. (2) No owner of real property, tenant in possession of real property, or person in control of real property shall allow the operation of a motorized leafblower on the property. 4.08.270 Restrictions on leafblower operation.
Leaf blowers pose multiple health risks due to air pollution attributed to their use. The pollution comes in the form of unburned fuel, from the inefficient combustion process inherent in such devices, and from a mixture of fine particles blown into the air, particles that can go deep into the human lungs.To address these concerns and others, many cities have banned leaf blowers; and Santa Monica has recently renewed its commitment to the enforcement of its leaf blower ban, which has been in place since 1991.
See Leaf Blower
Facts page: https://www.smgov.net/Departments/OSE/Categories/Landscape/Leaf_Blower_Facts.aspx Health Risks
Leaf blowers create unnecessary noise and air pollution, endangering you, and the community. Mount Sinai School of Medicine’s Pediatric Environmental Health Specialty Unit says gas-powered leaf blowers pose multiple health threats. They include spreading airborne particles, which can provoke asthma and other respiratory diseases, and potential pollutants like ozone, carbon monoxide, nitrogen oxides and hydrocarbons. Hearing damage from the engine noise and eye injuries from pebbles and twigs propelled by blowers are also cited.
Bad Air
With a muzzle velocity of 150 miles per hour, gas blowers blow herbicides, pesticides, and fecal contaminants up from the ground into the air, especially troubling asthmatics and allergy sufferers, and increasing the threat to everyone.
Thank you for your consideration,
FRIENDS OF SUNSET PARK, BOARD OF DIRECTORS
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
From: John Murdock
To: councilmtgitems
Subject: Fw: Leafblowers and dust, July 25 Agenda Item 10.D Date: Monday, July 24, 2023 5:47:43 PM
EXTERNAL
Dear City Councilmembers,
Please reject the proposed repeal of the existing ban on all leaf blowers. Why should the city of Santa Monica regress and legalize leaf-blowers of any kind? Santa Monica used to be a progressive leader in environmental concerns, But now we are considering voting to slide backwards? Nothing in the proposed ordinances will change the real problem, failure of enforcement, which is supposedly due to lack of resources. Hence, without a directive and funding to enforce the amended ordinances, gas blowers will continue to be used willy-nilly. Do you really think residents are going to go out in the street or on their neighbor's lawns and videorecord the violators?? And then get their neighboring property owners cited and fined?? Pull-eeeze!! This will not happen, because it would obviously create resentment and ill-will on the street among neighbors, and is not a viable solution. It is the city's job to enforce the law, not the residents' job to act as code enforcers, drafting declarations under penalty of perjury and snitching on their neighbors. And how many citizens even know what a "declaration under penalty of perjury" is, and what kind of formality is required for admissible evidence? Are they going to have to get lawyers to help them draft the "declaration" properly? This is crazy.
Moreover, electric blowers are not a satisfactory substitute for "no blowers", even if all the gardeners suddenly decided to junk their existing machines and run out to buy new electric ones. (What gardener would do that, when gas blowers can be used with impunity?) Noise is not the only environmental health hazard:
"The risks come not only from the noise and the chemical emissions that two-stroke engines produce, but also from the dust they stir up. “That dust can contain pollen, mold, animal feces, heavy metals and chemicals from herbicides and pesticides,” notes Sara Peach of Yale Climate Connections. All this adds up to increased risk of lung cancer, asthma, cardiovascular disease, premature birth and other life-threatening conditions....But the trouble with leaf blowers isn’t only their pollution-spewing health consequences. It’s also the damage they do to biodiversity.
Fallen leaves provide protection for overwintering insects and the egg sacs of others.
Leaf blowers, whether electric or gasoline-powered, dislodge the leaf litter that is so essential to insect life — the insect life that in turn is so essential to birds and other wildlife." (NY Times, Opinion, 10/25/21)
On her website, ('Are leaf blowers bad for us?' » Yale Climate Connections) Ms.
Peach offers the following advice:
"What’s the alternative?
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
"We know that leaf blowers are noisy and polluting, but there’s more work to be done to measure the impact on workers and communities. In the meantime, if you have a lawn, you can make it quieter, cleaner, and more friendly to the climate. "Retired horticulturalist Craig K. Chandler advises simply leaving leaves in place, where they’ll gradually break down and improve the fertility and water-retention capacity of the soil. Leaf litter provides a winter shelter for beneficial insects, which are facing new pressures in some regions as a result of climate change. A robust insect population will also attract birds to your yard, because most species feed bugs to their chicks.
"If you don’t like the look of brown leaves in your yard, Chandler recommends a practice called leaf-mulching, in which you simply mow over the leaves to chop them into small pieces that decay quickly. Leaf-mulching can be accomplished with most regular lawnmowers, according to a Bedford, New York-based organization known as Leave Leaves Alone, which was founded by Cornell Cooperative Extension master gardeners and other Bedford residents. I recommend using an electric lawnmower rather than a gas-powered one to reduce noise and fumes." Please vote "no" on repealing the existing ban. If the city were to simply issue some warnings citations, the word would spread and the blowers would soon disappear.
The staff report provides you with ZERO information on the actual cost of implementing an enforcement policy, as other cities have done with no big burden on their resources. At fines of $250 per violation, the enforcement effort would pay for itself, given the innumerable violators easily spotted on the residential streets any day of the week.
John Murdock
1209 Pine Street
Santa Monica, CA 90405
tel. (310) 450-1859
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
From: Mike Terranova
To: Caroline Torosis; Daniel Mick; Christine Parra; councilmtgitems; [email protected]; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock; Rick Valte Subject: Item 10D for 25 Jul Council Meeting - Leaf Blower Ban Date: Tuesday, July 25, 2023 11:53:13 AM
EXTERNAL
While I agree with the efforts to step up enforcement of gas-powered leaf blower prohibitions via video evidence and/or citizen affidavits, a much-needed change to the ordinance and enforcement operations, there night need to be some shoring up of the legal definition of a leaf blower:
The ordinance's language needs to be clear to ensure compliance and enforcement. The draft language in section b lacks clarity on what precisely constitutes a "leaf blower." Given the emergence of multi-functional tools like 'debris blowers' or vacuum/blower combinations, the ordinance mahouts define "leaf blower" to include all such variations. A failure to do so could create loopholes that may undermine the ordinance's effectiveness over time as newer devices come on to market and likelihood that manufacturer will start calling the lead blowers something else now that many more municipalities are implementing (and enforcing) leaf blower bans.
Hopefully the increased enforcement proposed can help mitigate concerns related to the nuisance and pollution caused by gas powered / internal combustion devices devices and hopefully consideration can be given to extend to other motorized, gas-powered, internal combustion equipment.
Given the funding available through the CORE voucher incentive project, this is a great opportunity for Santa Monica to further its sustainability goals. As we step up efforts to transition landscapers from gas to electric leaf blowers, it may be fitting to broaden the scope of this ordinance in time to include other small-scale landscaping equipment such as hedge trimmers and lawnmowers which also generate noise and pollution.
By expanding the ordinance to phase out any internal combustion landscape devices over a defined period, Santa Monica can maintain its place on the cutting edge of environmental initiatives while also fostering a greener and healthier community.
Mike Terranova
Sunset Park Resident
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
From: Natalya Zernitskaya
To: councilmtgitems
Cc: Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; David White
Subject: 7/25/23 Council Agenda Item 10D- Public Comments Date: Tuesday, July 25, 2023 1:38:11 PM
EXTERNAL
RE: Agenda Item 10D
Good Afternoon Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I urge you to please maintain the City’s current prohibition on all motorized leaf blowers, including both gas and electric leaf blowers. I understand that this does make it more timeconsuming to clean up debris and yard waste, but there was a reason that we restricted the use of all motorized leaf blowers, including increased pollution and microparticulates where they are used.
The resulting pollution and microparticulate matter from motorized leaf blowers can cause real harm to people with medical conditions such as asthma. We need to work to reduce these pollutants in the air. We must also pay particular attention to potential effects of legalizing electric leaf blowers in areas that are close to freeways and major thoroughfares (such as much of the Pico neighborhood) which already experience increased levels of pollutants in the air.
Rather than moving backward on this policy, I would encourage the Council to seek better ways of enforcing the existing prohibition on all motorized leaf blowers in Santa Monica Municipal Code 4.08.270.
Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
From: Laurene von Klan
To: councilmtgitems; Caroline Torosis; Christine Parra; City Council general box; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock
Subject: Leaf Blowers - Items 10D
Date: Tuesday, July 25, 2023 2:53:34 PM
EXTERNAL
Dear Council —
Please continue to restrict use of leaf blowers, both electric and gas.
The blowers are often used unnecessarily when a rake would work fine. They often blow leaves into the street or onto others’ property. This can be regulated as they are doing in Pasadena.
The workers themselves usually do not wear masks to guard their own health. This may be due to the expense of quality masks that can capture such small particles. This is an injustice borne by low wage workers who may not have many choices in their employment options.
Urban heat and suspended particles caused by blowing have a "coupling effect" — they interact to create more intense impacts such as air pollution and increased urban heat.
There are several extreme heat islands in Santa Monica already, mostly near schools, and so we need to protect our youth who are susceptible to developing asthma.
California will restrict the sale of gas blowers in 2024, and so we might as well set a policy now to prevent their use as well. Many gardeners and landscaping compaines have already switched, and many more being asked to use rakes and brooms rather than blowers, so it is possible for companies to make this work.
We have many seniors in our community who cannot withstand bad air quality especially during heat, which makes pollution from particulates even worse.It is horrible to have to walk by the blowers as they can pollute a whole block for ten minutes or longer.
The noise is disruptive and sometimes very high intensity.
It is hard to figure out where on the city app to report leaf blower use. Please make this more clear.
As an alternative to leaf blowing, Santa Monica can encourage residents and property managers to let leaves live where they are. This creates better, healthier soil and habitat for the insects and other pollinators needed to maintain a healthy biosphere. Many people in Santa Monica are switching to landscaping, or using a mulch base for their plantings, and these can accommodate leaves being left where they fall.
Thank you,
Laurene von Klan
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023