June 15, 2005

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Palo Alto Online

Council upholds blower ban

by Jocelyn Dong

Rather than blowing off a proposed ban on gas-powered leaf blowers, the Palo Alto City Council decided Monday night to move forward with the plan -- to the dismay of professional gardeners and the elation of vocal residents.

As of July 1, the combustion-fueled machines will be forbidden in residential areas.

The decision was propelled more by the council's desire to follow through on a prior council's direction than by a debate over decibels or the costs to gardeners and their customers of giving up the blowers.

Opponents and foes of the ban showed up in force to the council meeting, packing the chambers inside the Civic Center. Speaking before the council members, both sides tossed data and opinions about like leaves, each trying to depict the potential impact of the ban.

Speakers presented conflicting information about everything from how much longer it would take to rake or use an electric leaf blower to whether the electric machines were noisier, quieter, less or equally powerful, or hazardous.

The police department, which enforces the noise ordinance, had recommended a six-month postponement of the ban, set to go into effect July 1, to revise the ordinance if necessary and to gain additional public feedback. Staff had suggested four possible council decisions: proceed with the ban; prohibit all types of leaf blowers in residential areas; prohibit only city crews and commercial gardeners from using blowers in residential areas; or prohibit only commercial gardeners, but not city crews, from using them in residential areas.

But council members, with a few exceptions, seemed skeptical of a delay, saying they could see little point to waiting another six months.

The history of the city's leaf-blower regulations date back to 1987, when staff first recommended three ways to ease public complaints over the noisy machines. One possibility: a ban on the gas-powered blowers. The council opted instead for restricting the noise levels between certain hours, an approach that is still in effect.

In 2000, a revision to the ordinance added a requirement that commercial gardeners undergo training and certification on the proper use of leaf blowers, as well as using only city-approved machines.

A ban was scheduled to go into effect July 1, 2002, but was put off for three years in hopes that the industry would develop quieter instruments. Prohibiting blowers would also have a negative impact on the city's bottom line -- costing city crews time and money if they had to rake, it was predicted.

Councilmember Yoriko Kishimoto seemed to voice the thoughts of a number of her colleagues in her remarks Monday: "Given we are not able to enforce a complicated ordinance and because we've given many years' notice for people to prepare for this ... I won't be supporting staff's recommendation."

She also noted that Los Altos' ban on gas-powered blowers seems to have had no ill effects on either gardeners' livelihoods or the beauty of residents' yards.

Mayor Jim Burch wanted to push the ban even further, recommending an outright prohibition on leaf blowers -- gas or electric. He said that both stir up dust and other pollutants, such as chemicals and fecal matter on the ground.

He proposed a motion that a comprehensive ban would take effect on Dec. 31, but did not receive support from his colleagues.

Councilmember Beecham likewise didn't feel the ban on gas-fueled blowers completely addressed the issues.

In the end, the scheduled ban, with a report after one year from staff, passed 7-1, with Beecham opposing and Councilmember Dena Mossar absent.

According to a city report, keeping city parks and facilities clean will cost the city about $540,000 more with the ban in place.

In addition to the substance of the leaf-blower ban, the issue of racism crept into the discussion Monday night.

Elizabeth Lee, an active ban proponent who has asthma, said, "The ban isn't racism. What is racist is continuing to exploit the immigrant population by expecting them to expose themselves to hearing loss and respiratory disease for the sake of cheap labor. We need to protect them from themselves."

Juan Carlos Prado of the Bay Area Gardeners Association, which runs the certification course and protested the ban, took issue with those comments.

"I don't appreciate condescending remarks that we are too ignorant" to judge the hazards of leaf blowers, Prado said. Several council members agreed.

Lee later said that she regretted her offensive remarks, saying that she meant to be compassionate, not disrespectful, and should have put more time into crafting her statement.

Now that the ban is assured, Lee hopes to put her efforts into educating the community about the benefits of natural, rather than more manicured yards.

The president and vice-president of the Bay Area Gardeners Association refused to comment on the council's decision.

Also Monday night, the council decided not to revisit the topic of the two-term limit on council members. Burch, Kishimoto and Council member Vic Ojakian had written a colleagues' memo, asking that the item be put on a future agenda.

They said that term limits "may deprive our city of a continuity and depth of experience valuable in running this complex and vital organization during difficult and demanding times."

Beecham opposed the idea of amending the city's charter, saying that there didn't appear to be a public outcry for changing the term limits. Without popular support, an amendment would be difficult to pass, he noted.

Vice Mayor Judy Kleinberg, who also considered the amendment a bad idea, said the "flip side of continuity is stagnation."

The council ultimately split on whether to consider the item, with Councilmembers LaDoris Cordell, Hillary Freeman, Kleinberg and Beecham voting no. A split vote meant that the motion failed. An attempt to put the item on the council's consent calendar at a future date -- when Mossar would be back -- also failed.

Senior Staff Writer Jocelyn Dong can be reached at jdong@paweekly.com.

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