SR 07-25-2023 10D
City Council
Report
City Council Meeting: July 25, 2023
Agenda Item: 10.D
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the
Environment
Subject: Introduction and First Reading of Ordinance Amending SMMC Sections
4.08.270 and 4.12.180 to Authorize Electric Leaf Blowers
Recommended Action
Staff recommends that the City Council
1. Introduce for first reading the attached ordinance amending sections 4.08.270
and 4.12.180 of the Santa Monica Municipal Code to authorize the use of electric
leaf blowers.
2. Adopt a finding of no possibility of significant effect pursuant to Section
15061(b)(3) (Common Sense Exemption) and finding of Categorical Exemption
pursuant to Section 15307 and Section 15308 of the California Environmental
Quality Act (CEQA) Guidelines.
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Executive Summary
All motorized leaf blowers have been prohibited in the City of Santa Monica since 1990
due to the pollution, noise, and health impacts attributed to their use. Though banned,
gas-powered leaf blowers are still commonly used in Santa Monica. While gas-powered
leaf blowers are among the highest polluting gas-powered devices and are a nuisance
due to their noise, there have been advancements in electric leaf blower technology.
Staff recommends repealing section 4.08.270 of Santa Monica Municipal Code (SMMC)
and amending section 4.12.180 to allow for electric leaf blowers, which may incentivize
users to convert from gas-powered to electric leaf blowers, and to target enforcement at
the owners or occupants of property who may either violate this provision or employ
those who do, rather than punishing those who may be least able to pay fines.
Background
Currently, SMMC Section 4.08.270 prohibits all leaf blowers in Santa Monica: “No
person shall operate any leaf blower (gas, electric, or battery powered) within the City. A
leaf blower is defined as any motorized tool (gas, electric, or battery powered) used to
propel fallen leaves and debris for removal. Infractions will be punishable by substantial
fines to property owners, property and landscape management companies, individual
operators, and/or water customers.”
Cities throughout California have taken steps to address leaf blower pollution and noise
through local ordinances since the 1970s. These bans have primarily focused on
reducing noise pollution generated by leaf blowers, whereas more recent state
legislation targets air pollution.
In recognition of the negative environmental and health impacts associated with gas-
powered landscape equipment, state policy is phasing out their use beginning in 2024.
In 2023, the California Air Resources Board (CARB) launched the Clean Off-Road
Equipment Voucher Incentive Project (CORE) to accelerate the purchase of zero-
emission off-road equipment in California, which includes electric leaf blowers. The
CORE program provides a point-of-sale discount to help offset the incremental cost of
zero-emission technology for professional landscaping services operated by small
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businesses or sole proprietors. The program offers up to $300 per handheld zero-
emissions leaf blower and up to $400 per backpack leaf blower. CORE does not require
scrappage of existing internal combustion engines.
In 2021, CARB approved a measure that requires most newly manufactured small off-
road engines such as those found in leaf blowers, lawn mowers and other equipment to
be zero emission starting in 2024. The requirement, an amendment to CARB’s existing
small off-road engine (SORE) regulations first adopted in 1990, applies to
manufacturers and will impact new equipment (Model Year 2024 and later) only. The
measure allows residents to operate current CARB-compliant gasoline-powered
equipment and does not “ban” using older models or used equipment purchased in the
future.
Past Council Actions
Meeting Date Description
3/14/2023 (Attachment B) 16-item with proposed modifications to SMMC 4.08.270
and 4.12.180 to allow electric leaf blowers.
3/26/1991 (Attachment C) City Council adopted Ordinance No. 1578 prohibiting the
use of all motorized leaf blowers.
Discussion
Despite the long history of the ban on leaf blowers in Santa Monica, violations are
frequently witnessed by City residents and staff, and the Code Enforcement division has
limited capacity to issue citations. Repealing Section 4.08.270 would allow for leaf
blowers, and amendments to Section 4.12.180 would enhance enforcement by allowing
staff to accept video evidence of violations. The party responsible for compliance would
include the property owner, owner, tenant, business owner, or manager rather than the
employee of the entity if the employee was provided a prohibited device by a
responsible party.
The proposed amendment to Section 4.12.180 also prohibits the sound rating of electric
leaf blowers that exceed 70 decibels. Gas-powered leaf blowers often have sound
ratings between 80-100 decibels.
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At the April 18, 2023, meeting of the Commission on Sustainability, Environmental
Justice, and the Environment Motion Regarding the Leaf Blower Ordinance, the
Commission recommended that City Council adopt modifications to the Leaf Blower
ordinance as proposed and recommended that the City invest appropriate resources to
effectively communicate the changes to the gardening community in order to make the
ordinance effective (Attachment D).
Environmental Review
The amendments to the SMMC allowing the use of electric blowers are exempt from
CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption), Section 15307,
and Section 15308 of the CEQA Guidelines. Section 15307 exempts (Class 7) actions
taken by regulatory agencies as authorized by state law or local ordinance to assure the
maintenance, restoration, or enhancement of a natural resource where the regulatory
process involves procedures for protection of the environment. Section 15308 exempts
(Class 8) actions taken by regulatory agencies, as authorized by state or local
ordinance, to assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of the
environment. As stated previously, despite current City regulations that prohibit their
use, motorized leaf blowers are frequently used under existing conditions. Enforcement
of the current ban on blowers is difficult as violators can be difficult to track. Amending
Section 4.12.180 of the SMMC will help the transition from gas to electric blowers,
which is less impactful on the environment. The amendments to the SMMC would also
establish noise restrictions on decibel level of blowers, ensuring that noise levels will be
consistent with the ambient urban noise environment. Therefore, as compared to
existing conditions where blower violations are commonplace, amendments to the
SMMC would incentivize a more effective transition to cleaner and quieter electric
blowers. Based on the evidence in the record, it can be seen with certainty that there is
no possibility that the proposed amendments may have a significant effect on the
environment. The amendments are exempt from CEQA pursuant to Section 15061(b)(3)
(Common Sense Exemption), Section 15307, and Section 15308 of the CEQA
Guidelines.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of
recommended action. Staff will return to Council if specific budget actions are required
in the future.
Prepared By: Elias Platte-Bermeo, Sustainability Analyst
Approved
Forwarded to Council
Attachments:
A. Electric Leaf Blower Ordinance
B. March 14, 2023 Staff Report (web link)
C. March 26, 1991 Council Meeting Minutes (web link)
D. April 2023 Commission Meeting Minutes_Electric Leaf Blower Ordinance
E. Written Comments
F. PowerPoint Presentation
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City Council Meeting: _________, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REPEALING SANTA MONICA MUNICIPAL CODE SECTION 4.08.270 AND
AMENDING SECTION 4.12.180, TO PROHIBIT GAS POWERED LEAF BLOWERS,
ALLOWING FOR ELECTRIC LEAF BLOWERS, INCLUDING AMENDMENTS TO THE
ENFORCEMENT PROVISIONS
WHEREAS, Section 4.08.270 of the Santa Monica Municipal Code prohibits all
motorized leaf blowers in the City; and
WHEREAS, motorized leaf blowers, especially gas powered, remain in use, but
enforcement is challenging and costly; and
WHEREAS, while gas powered leaf blowers are among the highest polluting gas-
powered devices, especially with two cycle engines, and are a nuisance due to their noise,
there have been advancements in electric, A/C and battery powered, leaf blower
technology since this ordinance was enacted in 1990 and last amended in 2010; electric
leaf blowers are cleaner, better for the environment, quieter, and perform well; and
WHEREAS, the City desires to allow for electric leaf blowers, which may
incentivize users to convert from gas powered, which are still too common, and target
enforcement with the owners or occupants of property who may either violate this
provision or employ those who do, rather than punishing those who may be least able to
pay fines.
10.D.a
Packet Pg. 1572 Attachment: Electric Leaf Blower Ordinance [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.270 is hereby repealed:
4.08.270
(a) Prohibitions.
(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.
(3) No person who owns or operates a gardening, landscape
maintenance or similar service shall allow an employee or agent of that
service to operate a motorized leafblower within the City.
(b) Penalties and Remedies.
(1) Any person violating this Section shall be guilty of an infraction, which
shall be punishable by a fine not exceeding two hundred fifty 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.
(2) Any person violating this Section may be issued an administrative
citation pursuant to Chapter 1.09 of this Code.
(3) The remedies provided in this subsection are not exclusive, and
nothing in this subsection shall preclude the use or application of any other
remedies, penalties or procedures established by law.
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Packet Pg. 1573 Attachment: Electric Leaf Blower Ordinance [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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SECTION 2. Santa Monica Municipal Code Section 4.12.180 is hereby amended
as follows:
4.12.180 Restrictions on gardening or landscaping activities.
(a) No person shall engage in any gardening or landscaping activity by use of
any internal combustion, motorized, or electromechanical means during the
following times anywhere in the City:
(1) Before eight a.m. or after eight p.m. on Monday through Friday,
except that such gardening or landscaping activities conducted by
employees of the City of Santa Monica or public utilities shall not occur
before seven a.m. or after eight p.m. on Monday through Friday;
(2) Before nine a.m. or after eight p.m. on Saturday and Sunday, or on
New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day,
as those days have been established by the United States of America.
(b) No person shall operate or allow the operation of an internal combustion /
gasoline powered leaf blower anywhere in the City at any time.
(c) No person shall operate or allow the operation of any corded or cordless
electric leaf blower unless the device has a manufacturer’s sound rating not
exceeding 70 decibels and the user can provide documentation of that rating upon
request of a City official.
(d) A permit may be issued authorizing gardening or landscaping activity during
the times prohibited by this Section whenever it is found to be in the public interest.
Applications for such permits shall be in writing, accompanied by any applicable
10.D.a
Packet Pg. 1574 Attachment: Electric Leaf Blower Ordinance [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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fee as the City Council may by resolution establish, and shall set forth in detail
facts showing that the public interest will be served by the issuance of the permit.
Applications shall be made to the Community Noise Officer, whose decision shall
be final and not appealable to the City Council.
(e) Penalties and Remedies.
(1) Any person found to be a responsible party violating this Section
more than two times within any twelve-month period shall be guilty of an
infraction, which shall be punishable by a fine not exceeding two hundred
fifty 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.
(2) Any person found to be a responsible party violating this Section may
be issued an administrative citation pursuant to Chapter 1.09 of this Code.
Evidence to support issuance of an administrative citation under this
Section may include recorded video taken by an individual along with a
declaration made under penalty of perjury from the individual taking the
video who is a competent eyewitness attesting to the authenticity, date,
time, location, and events concerning the violation.
(f) The term “responsible party” includes, but is not limited to, a property owner,
tenant, occupant, person with a legal interest in real property or person in
possession of real property, the president or other head of an entity or a person
authorized by an entity to receive service of process in a civil action, a business
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Packet Pg. 1575 Attachment: Electric Leaf Blower Ordinance [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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owner, or manager of a business. An employee of an entity shall not be held
responsible for a violation of this Section if the employee was provided a prohibited
device by a responsible party or directed to conduct activities by a responsible
party when prohibited.
(g) The remedies provided in this subsection are not exclusive, and nothing in
this subsection shall preclude the use or application of any other remedies,
penalties or procedures established by law.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign, and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from
its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 1576 Attachment: Electric Leaf Blower Ordinance [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
@sustainablesamo susta ina ble sm .org
@susta ina ble sm (310) 458- 2213
MINUTES
COMMISSION ON SUSTAINABILITY, ENVIRONMENTAL JUSTICE,
AND THE ENVIRONMENT
REGULAR MEETING
SMi Room at Civic Center Parking Structure
Monday, April 17, 2023
7:00 P.M.
Ca ll to Orde r
Chair Kubani called the meeting to order at 7: 22 P.M.
Roll Ca ll
The following persons were recorded in attendance by the Recording
Secretary:
Present: Chair Kubani, Vice Chair Mearns, Member Lempert, and Member
Sokol
Absent: Member Pettit and Member Tower
Also present: Shannon Parry, Chief Sustainability Officer
Amanda Grossman, Sustainability Analyst
Dinaz Kureishy, Civil Engineering Assistant
Chris Aguillon, CIP Project Manager
Thomas Fleming, Senior Sustainability Analyst
Yvonne Yeung, Resource Recovery Recycling Manager
Neal Shapiro, Senior Sustainability Analyst
Carina Alvarado, Zero Waste Assistant
Ryan Kramer, Senior Administrative Analyst
10.D.d
Packet Pg. 1577 Attachment: April 2023 Commission Meeting Minutes_Electric Leaf Blower Ordinance (5855 : Electric Leaf Blower Ordinance (30 mins))
@sustainablesamo susta ina ble sm .org
@susta ina ble sm (310) 458- 2213
1.Special Items
a.Leaf Blower Ordinance
a.Shannon Parry (Chief Sustainability Officer) presented modifications to
the Leaf Blower ordinance as requested by Councilmember Zwick in an
Item 16.
b.The current ordinance bans all motorized leaf blowers. The proposed
modifications will allow electric leaf blowers. The draft ordinance was
developed by Code Enforcement and City Attorney
c.Communication is necessary to gardeners and home owners about the
modifications. Education about incentives is imperative.
After discussion, the Commission on Sustainability, Environmental Justice, and the
Environment made the following motion:
The Commission recommends the Council adopt modifications to the Leaf
Blower ordinance as proposed and recommends the City invest appropriate
resources to effectively communicate the changes to the gardening
community in order to make the ordinance effective.
The motion was made by Chair Kubani and seconded by Vice Chair Mearns.
The motion was approved by the following roll call vote:
Ayes: Chair Kubani
Vice Chair Mearns
Member Lempert
Member Sokol
Noes: None
Abstain: None
Absent: Member Pettit and Member Tower
2.Consent Calendar
a.Approval of the Minutes from March 20, 2023 Commission on Sustainability,
Environmental Justice, and the Environment special meeting
a.The minutes were approved by the following roll call vote:
(1)Ayes: Vice Chair Mearns
Member Sokol
Member Pettit
Member Tower
(2)Noes: None
(3)Abstain: None
(4)Absent: Member Lempert
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Packet Pg. 1578 Attachment: April 2023 Commission Meeting Minutes_Electric Leaf Blower Ordinance (5855 : Electric Leaf Blower Ordinance (30 mins))
@sustainablesamo susta ina ble sm .org
@susta ina ble sm (310) 458- 2213
3.C ontinued Items
a.Water Supply and Demand Assessment
a.Dinaz Kureishy (Civil Engineer Assistant) presented update to the Water
Supply and Demand Assessment report. The report assesses the
projected water supply and usage for the City.
b.Staff recommends staying in Stage 2 Water conservation efforts and
helps the City meet water self-sufficiency goals and reduces the amount
of imported water.
c.The report will be presented to Council in June and then to the
Department of Water Resources in July.
After discussion, the Commission on Sustainability, Environmental Justice, and the
Environment made the following motion:
T he Com m ission on Sustainability, Environmental Justice, and the Environment
recommends that Council to support the resolution to adopt the 2023 Water
Shortage Assessment Report.
The motion was made by Vice Chair Mearns, and seconded by Member Sokol.
The motion was approved by the following roll call vote:
Ayes: Chair Kubani
Vice Chair Mearns
Member Lempert
Member Sokol
Noes: None
Abstain: None
Absent: Member Pettit and Member Tower
b.Waste Rate Study
a.Yvonne Yeung (Resource Recovery and Recycling Manager) presented
on the Five-Year Waste Rate Study with rate adjustments for enhanced
clean and safety services. Rate studies are typically conducted every five
years in the City. Rates have not been adjusted since 2019.
b.The rate adjustments will help the City right size waste and recyclable
staff levels, right size sweeping services, further SB 1383 implementation,
restore bulky item pick-up staff, and develop a volunteer community
cleanup program.
10.D.d
Packet Pg. 1579 Attachment: April 2023 Commission Meeting Minutes_Electric Leaf Blower Ordinance (5855 : Electric Leaf Blower Ordinance (30 mins))
@sustainablesamo susta ina ble sm .org
@susta ina ble sm (310) 458- 2213
c. The proposed rate adjustments would be a 11 percent rate increase for all
customers (single, multi-family, commercial). Additional discounts are
being developed for low-income households similar to water rates.
d.The rate study will be presented to Council in June. If adopted, the new
rates will go in effect in August 2023.
After discussion, the Commission on Sustainability, Environmental Justice, and the
Environment made the following motion:
Th e Com m ission on Sustainability, Environmental Justice and the Environment
recommends Councils to support the findings in the proposed Solid Waste Ra te
Study . Und e r standing the environmental, economic, social, and regulatory
importance of achieving zero waste , the Commission supports the proposed
r ate increase of 11 percent associated with the Enhanced Clean and Safe
Services option.
The motion was made by Chair Kubani, and seconded by Member Sokol.
The motion was approved by the following roll call vote:
Ayes: Chair Kubani
Vice Chair Mearns
Member Lempert
Member Sokol
Noes: None
Abstain: None
Absent: Member Pettit and Member Tower
4.P ublic Input
a.There is no public comment at this time.
Adjournment
Chair Kubani adjourned the meeting at 9:37 p.m.
Attest: Approved:
_______________________ _______________________
Amanda Grossman Dean Kubani
Secretary Chair
10.D.d
Packet Pg. 1580 Attachment: April 2023 Commission Meeting Minutes_Electric Leaf Blower Ordinance (5855 : Electric Leaf Blower Ordinance (30 mins))
From:John Murdock
To:councilmtgitems
Cc:ZinaJosephs@aol.com; omglaw@gmail.com; aagrs@aol.com; fospairport@rocketmail.com; Nikki Kolhoff; jeannelaurie@msn.com;
pdonald@me.com; clarethomasdo@aol.com; 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 gas-
blowers? 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
10.D.e
Packet Pg. 1581 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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
10.D.e
Packet Pg. 1582 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
“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
10.D.e
Packet Pg. 1583 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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 video-
record 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
10.D.e
Packet Pg. 1584 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
"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
10.D.e
Packet Pg. 1585 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
From:Mike Terranova
To:Caroline Torosis; Daniel Mick; Christine Parra; councilmtgitems; doug.sloan@santamonica.gov; 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
10.D.e
Packet Pg. 1586 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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 time-
consuming 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)
nzernitskaya@gmail.com
ITEM 10.D.
JULY 25, 2023
ITEM 10.D.
JULY 25, 2023
10.D.e
Packet Pg. 1587 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
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
10.D.e
Packet Pg. 1588 Attachment: Written Comments [Revision 1] (5855 : Electric Leaf Blower Ordinance (30 mins))
Leaf Blower Ordinance
July 25, 2023 City Council Meeting
10.D.f
Packet Pg. 1589 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
2
Background
March 14, 2023 Council Meeting:Councilmembers Zwick and Brock brought a 16 Item requesting that staff return to City Council with:
•Amendments and updates to the SMMC to prohibit gasoline powered leaf blowers, allowing for electric leaf blowers and enhancing enforcement of the prohibition on gas powered leaf blowers
•Potential funding sources to incentivize conversion to electric leaf blowers
10.D.f
Packet Pg. 1590 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
3
Policy History
•1991 – Council prohibited all leave blowers in Santa Monica to mitigate attributed air pollution
•“No person shall operate any motorized leaf blower (gas, electric, or battery powered) within the City.
•Suggested alternatives to leaf blowers include push brooms, rakes, and manual leaf sweeping machines.
•2010 – Ordinance modification to increase enforcement, add training and education about the policy, and extend citations to the property owner and landscaping companies
10.D.f
Packet Pg. 1591 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
4
Lack of Compliance
Since March 2021, Code Enforcement has received 339 complaints for leaf blower concerns (10.5% of all complaints)
Source: Code Enforcement DivisionSource: Code Enforcement Division
10.D.f
Packet Pg. 1592 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
5
Environmental & Health Considerations
•Exhaust Emissions: Gas-powered leaf blowers emit pollutants the State of California has identified as a concern (CO2, NOx, O3)
•Gas leaf blowers and related lawn care equipment emit more ozone pollution than all of California’s tens of millions of cars,combined (CARB)
•Noise Pollution: Gas-powered leaf blowers can produce harmful noise levels (100 dcb+)
•Dust Emissions: Leaf blowers create clouds of dust (fine particles) that can cause harm to respiratory systems
10.D.f
Packet Pg. 1593 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
6
Local and State Action
•Roughly 60 CA cities ban gas-powered gardening tools.
•Beginning in 2024, California will require most newly manufactured small off-road engines (SOREs) including leaf blowers to be zero emission to help achieve 100% zero emissions in SOREs by 2035.
•SB 170 allocated $27M to sole proprietors and other small landscaping businesses to help purchase zero-emission SOREs
10.D.f
Packet Pg. 1594 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
7
Funding Sources for Electric Leaf Blowers
Funding Agency Program Amount
South Coast Air
Quality Management
District (SCAQMD)
Commercial Electric Lawn and Garden
Equipment Incentive & Exchange Program –
point-of-sale voucher for new zero-emission,
battery electric equipment
Up to $1,400 (or
85%discount) on
electric blowers &
vacuums
South Coast Air
Quality Management
District (SCAQMD)
Commercial Lawn & Garden Battery Buy-Down
Rebate Program - rebate for equipment
previously funded by the program above
up to 75% off the cost of
a replacement battery
California Air
Resources Board
(CARB)
Clean Off-Road Equipment Voucher Incentive
Project (CORE)– point-of-sale voucher for
qualifying zero-emission landscape equipment
up to $300 per handheld
leaf blower and up to
$400 per backpack leaf
blower
10.D.f
Packet Pg. 1595 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
8
Recommended Action
Staff recommends that the City Council
1.Introduce for first reading the attached ordinance repealing SMMC section 4.08.270 and amending section 4.12.180 to authorize the use of electric leaf blowers.
2.Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) and finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
10.D.f
Packet Pg. 1596 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
9
Support for the Recommended Action
At the April 18, 2023 meeting of the Commission on Sustainability, Environmental Justice, and the Environment, the Commission recommended that:
1.City Council adopt these modifications to the Leaf Blower ordinance as proposed
2.The City invest appropriate resources to effectively communicate the changes to the gardening community in order to make the ordinance effective
10.D.f
Packet Pg. 1597 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
10
In Conclusion
The purpose of these code amendments is to achieve the intended outcomes of the initial leaf blower ordinance and amendments.
•Repealing Section 4.08.270 would allow for leaf blower usage.
•The proposed amendment to Section 4.12.180 would:
•Enhance enforcement by allowing staff to accept video evidence of violations
•Prohibit the sound rating of electric leaf blowers that exceed 70 decibels. Gas-powered leaf blowers often have sound ratings between 80-100 decibels.
•Shifts the compliance burden
10.D.f
Packet Pg. 1598 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))
OVERVIEW
Discussion
10.D.f
Packet Pg. 1599 Attachment: PowerPoint Presentation (5855 : Electric Leaf Blower Ordinance (30 mins))