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HomeMy WebLinkAbout02-11-1997 City Council Minutes MINUTES Si~TOGA CITY COUNCIL TIME: Tuesday, February 11, 1997 - 6:00 p.m. PLACE: Senior Day Care Center, 19655 Allendale Avenue TYPE: Adjourned Regular Meeting/Joint Meeting with Planning Commission Closed Session in Administration Conference Room, 13777 Fruitvale Ave. - CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (b), significant exposure to litigation in one case and pursuant to Government Code Section 54956.9, CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Name of case: Green Valley Disposal vs. City of Saratoga Mayor Moran announces that no actions had been taken in the closed session. She calls the meeting to order at 7:15 PM. 1. Roll Call Councilmembers Present: Mayor Moran, Vice Mayor Wolfe, Councilmembers Bogosian, Jacobs and Shaw. Staff Present: City Manager Peacock, City Attorney Riback and Community Development Director Curtis. 2. Report of City Clerk on Posting of Agenda The City Manager reports that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 7. The notice of adjournment from the February 5 Council meeting was properly posted on February 6, 1997. 3. Oral Communications from the Public on Non-Agendized Items None 4. Joint Meeting with Planning Commission Planning Commissioners Present: Chair Kaplan and Commissioners Abshire, Bernald, Murakami, Patrick, Pierce and Siegfried. a. Report from community Development Director concerning Leaf Blowers (continued from 1/15/97 meeting, Letter from John Vance} Mr. Curtis reviews the history of gasoline powered leafblower discussions. He notes that enforcement is difficult because the enforcing officer must both hear and measure the noise from the leafblower to determine if it exceeds the noise limitations. He then plays an audio tape provided by the ECHO company which compares the noise of its new "Quiet One" leafblower with its previous standard model. The company claims that the noise reduction is 50%. After playing the audio tape those in the meeting agree that they can not tell the difference in terms of the amount of noise generated. Mr. John Vance, Athos Place reports that since Los Angeles has now banned gasoline powered leafblowers, if it can be done there it can be done in Saratoga. He states that the problem is not only noise it is also the dust created by the leafblowers. Discussion ensues. Councilmember Wolfe hands out an article from a trade magazine which reports the City of San Mateo has chosen to regulate rather than ban gasoline powered leafblowers and notes that the regulations are similar to those currently in place in Saratoga. Commissioner Siegfried states that he would be opposed to a ban in all areas of the City but would support a ban in areas of the City which have small lots. Commissioner Patrick states that not everyone who uses blowers are gardeners, many residents also use blowers to do their own personal cleanup. City Council Minutes 2 FebruazTll, 1997 Councilmember Jacobs states that the City can not afford the cost of more extensive regulation. Commissioner Murakami states that it appears the choices are between a total ban or to leave the current regulations in place, that the problem of enforcement is a real one which needs to be considered. Councilmember Wolfe notes that the fine in Los Angeles is $1,000 and it is. levied against both the user and the property owner if they are different people. Councilmember Shaw states that people used to live without leafblowers and perhaps it is time to consider the effect of getting along without them again. In response to Commissioner Siegfried, Councilmember Bogosian states that market'competition would bring down costs of gaardening services. Commissioner Patrick and Councilmember Jacobs state that if a ban is actually being considered that perhaps this subject and the subject of other environmental issues should be placed on the ballot for the community to decide what it wants and what it is willing to either pay for or forego. Commissioner Abshire states that he feels this is not an important issue citywideand perhaps the best course of action is to let things stay just as they are. The consensus of the City Council and the Planning Commission is to agree with Commissioner Abshire. b. Items of Mutual Interest Commissioners Kaplan and Patrick bring up the subject of reducing pollution from wood burning fireplaces. They feel that the City should be starting with new construction and require'that all new fireplaces be equipped to burn gas instead of wood. They indicate that the Town of Los Gatos may have already done this. They also feel that information on fireplace inserts should be provided to the community to help reduce pollution further. The Council agrees to have the Commission look into this issue as an addition to the departmental and Commission work plan. Mr. Curtis hands out the current work program update which is reviewed by the Council and the Commission. He notes that with the shortage of staff caused by maternity leave that some of the projects which were to be concluded in January will not be concluded until April. There is discussion as to whether the issue of the RV Storage Study should be moved up in the work program or dropped from the program. It is agreed to leave the Study at its current place in the work program. Discussion also takes place on the scheduling of future joint meetings between the Council and the Commission. It is agreed to have the Mayor and the Commission Chair get together with the staff before the next scheduled meeting and determine if the meeting is needed at that time. 5. Budget ~mendment providing funds from Hillside Repair Fund for Villa Oaks Repair It is moved by Councilmember Bogosian, seconded by Councilmember Wolfe and approved 5-0 to adopt Resolution 96-42.7 relating to the Villa Oaks repair project. 6. Self-Evaluation of Previous Meeting Council notes that it did not receive the training on use of the microphones and television system planned for February 5th and asks that this be rescheduled for February 19th. The Council receives an update from the City Manager regarding the city Council Minutes 3 February11, 1997 Moreland School District surplus school site notice. He indicates that in the 1983 agreement to purchase the property for E1 Quito Park that the City waived future rights to the Naylor Act to acquire any future property from the District, but that the City Attorney is looking into the provisions of the Act and the previous agreement and will have a report for the March 5th meeting. 7. Agency Assignment Reports Vice Mayor Wolfe reports that he attended the City's Association Legislative Task Force meeting and that the issue of local control will be the prime issue for cities before the legislature this year. He reports on the SBDC meeting. He notes that as a member of the Transit Authority he will be attending a Transportation Conference in Washington D.C. in March. Mayor Moran reports that she has been elected as the Vice Chair of the Legislative Committee of the Air Quality Management District and that she is also on the Personnel Committee of the AQMD. 8. Other Vice Mayor Wolfe notes that his brother has been elected to his local city council in Florida. He notes that October 17th will be the 220th anniversary of the Battle of Saratoga, that he has discovered that there are 17 locations in the United States with the name Saratoga, and that the Honor Saratoga USA committee will be expanding to include all 17 locations in its efforts to celebrate the 220th anniversary of the Battle which changed the course of the Revolutionary War. He will report to the Council periodically on his-progress in this regard. Councilmember Bogosian notes the letter received from Mr. Schwartz regarding the City's proposals to purchase computer hardware and software. Councilmember Jacobs notes that the Council has received an invitation to attend the February 21st meeting of the 4th of July committee. He notes that it would be inappropriate for a quorum of the Council to attend. He also notes that the Council has already determined that it can not provide the staff support for the 4th of July celebration which the City provided last year because.of the limited availability of the staff. Council agrees that it will lend its name for sponsorship purposes but limit its involvement to the minimum that requires in terms of insurance, etc. but that no staff resources will be committed to assist in putting on the event. Mayor Moran indicates that Senator Sher wishes to meet on February 21st to discuss the City's proposal for TEA legislation and she is planning to meet with him with the City Manager and representatives from Santa Clara County. Mayor Moran requests and receives permission to prepare a letter of support for the County Federal Safety Grant which would lead to subgrants being available to various cities. 9. Adjournment The meeting is adjourned at 9:08 PM. Respectfully submitted, Harry R. a City Manager