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M 09-02-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 2, 1997 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:35 p.m., Tuesday, September 2, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Benjamin announced that Closed Session had not been held this evening. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (02.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL RATIFICATION/AUGUST 1997 (03.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the check register for the payroll of July 27, 1997 through August 9, 1997, paid on August 15, 1997, in the amount of $322,017.96. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1997 (04.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on August 15 and August 22, 1997 in the amount of $700,594.11. Carried unanimously. MINUTES OF AUGUST 18, 1997 (05.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council approve the Minutes of August 18, TC:D9:MM090297 1997. Carried unanimously. TC:D9:MM090297 Town Council Minutes September 2, 1997 Los Gatos, California HEARING WINCHESTER BLVD 14750/PG&E/VASONA SUBSTATION/ CALIFORNIA PUBLIC UTILITIES COMMISSION/GENERAL ORDER 131-D (06.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to review plans and receive public comments regarding the proposed PG&E Vasona Substation at 14750 Winchester Boulevard, in fulfillment of the California Public Utilities Commission General Order, G.O. 131-D, and to authorize staff to forward the public's comments to the California Public Utilities Commission. The following people from the audience addressed this issue: Moises Chavez, representing the CPUC, spoke to the assigned Administration Law Judge this morning regarding this issue. The Judge is thinking of holding public hearings; one hearing for public participation; the other an evidentiary hearing. These will likely be held in October. The ALJ will be issuing a ruling that will indicate the time and place. This will be published and mailed. A mailing list supplied by the participants in the audience this evening can be used. Mrs. Benjamin, requested that anyone at tonight's meeting, who is interested in attending the CPUC meetings, please leave their name and address and the CPUC will send the notices to them. She made it clear that Council was only taking testimony, and not considering testimony in light of any deliberative act. Maureen McCarthy, Representative for PG&E, introduced the following speaker. Bob Masuoka, P.L.S., Senior Planner for PG&E, noted that the Town had come to PG&E two years ago asking for better service. He claimed that the Vasona substation is the answer to that request. This should be an answer to the type of outage the Town experienced two years ago during a severe storm. He answered questions regarding design, fire hazards, monitoring schedules, oil spill hazards, magnetic fields, and general safety issues. Aggie Potter, 144 Newell Ave., representing Charter Oaks, Newell Avenue, LaRinconada, and Wimbelton Drive. Opposed the location of the substation. Asked that other locations be considered. The old plan was developed many years ago before the residential communities developed and neighborhoods established themselves. Under the present configuration of the area the substation location should be reconsidered. The amount of traffic and the numbers of people living in close proximity to the parcel are an entirely different makeup to the area than the agricultural, rural land that was there years ago. She gave a slide presentation of what other substations look like and the areas that they occupy. She reconfirmed that the various segments of the surrounding neighborhoods wanted the upgraded power systems for Los Gatos, but also wanted PG&E to address alternative locations and do the job correctly. There are three alternative locations the residents proposed: 1) Winchester and Highway 85; 2) Oka Road and Highway 85; and 3) Los Gatos Boulevard and Highway 85. Ann Burns, 140 Newell Avenue, spoke of hiring an attorney in unison with the Boccarrdo Corporation. She introduced Mr. Patrick Power, former CPUC Administrative Law Judge, as the group's attorney. He introduced a motion to dismiss so as to bring PG&E into the discussions. The alternative location at the A to Z Nursery location met with the group's complete approval. This location is next to Highway 85 and away from high density residential areas. The alternatives will be reviewed by PG&E before September 30, 1997. TC:D9:MM090297 Town Council Minutes September 2, 1997 Los Gatos, California HEARINGS CONTINUED WINCHESTER BLVD 14750/PG&E/VASONA SUBSTATION Speakers continued: Jack Aiello, 135 Newell Court, opposed the present proposal, and asked Council to send letters to the CPUC supporting an alternative location for the station. Joseph Johnson, 100 Cherry Hill Court, asked for an alternative site for the project. Carol LaMarre, 204 Charter Oaks Circle, President of the Charter Oaks Association, does not want the noise from the substation intruding on this complex and is quite concerned with the need for increased fire insurance if the station goes in at that location. Lou Rae Kagel, 147 Newell Avenue, spoke of the decrease in property values if this project goes in where it is presently planned. She asked for a location that would not impact established residential neighborhoods. Charles Brown, 131 Newell Court, he noted his concern regarding safety as the proposed facility ages. He also mentioned the likelihood of the facility being sold when deregulation occurs. This would make it difficult to uphold agreements made with the previous owner. William Ortiz, local resident, opposed the project, asked for another location. Rick Potter, 144 Newell Avenue, asked to find an alternate site for this project. Helga Eagle, 103 Brocastle Way, opposed the project and asked for more open space. Ray Power, 17652 Tourney Road, registered electrical engineer, long time resident, has been working on reliable power for the Town. Does not believe there is a noise problem; thinks landscaping can help mitigate the view. Ann Marie Johnson, 100 Cherry Hill Court, an environmental engineer living in Charter Oaks. Opposes the PG&E project at the proposed location. She does not believe the proposal has adequate safe guards. Asked for a different location for the project. Jim Rees, 985 University Avenue, #12, opposed the project. Asked that PG&E locate alternative locations for the substation that will serve the power needs of Los Gatos. Thelma Spaziani, 204 Willow Hill Court, spoke of the Charter Oaks opposition to the proposal back in 1990. She spoke of a 15 year old EIR report in use in 1990. That report is now 22 years old. She asked for the Town's continued help in resolving this issue. Richard Erbst, 143 Newell Avenue, opposed the project, does not want it to go in at the proposed location. James Boccardo, 985 University Avenue, #12, opposed the PG&E substation as it would sit adjacent to his business park. He stated that the permit was old and could not be considered in the same light as it was 25 years ago. Max Perlman, 183 Newell Avenue, spoke of the assumptions used by PG&E in the proposed project. He spoke of alternative locations and engineering the project to meet the environmental concerns expressed by the public. Carol Miller, 106 Spruce Hill Court, asked for an alternative location for the substation. Bob Pope, facilities manager for Red Brick Systems, 485 Alberto Way, Los Gatos. Spoke of the need for reliable power for the companies located in Los Gatos. He volunteered time to work with PG&E on solving this problem so that a reliable power system can be provided in a reasonable location with proper safe guards. TC:D9:MM090297 Town Council Minutes September 2, 1997 Los Gatos, California HEARINGS CONTINUED WINCHESTER BLVD 14750/PG&E/VASONA SUBSTATION Speakers continued: Jack Bono, 200 Willow Hill Court, spoke of methods needed to mitigate the adverse impacts of this project. He believes there is a need for improved PG&E service and that a reasonable compromise can be achieved. Barbara Perlman, 183 Newell Avenue, opposed the proposed project. She spoke of the methods used in Europe in supplying power and noted that they were environmentally superior to those offered by PG&E at present. She believes that PG&E should reconsider their design and location. Christine Bardes, 304 Willow Hill Court, opposed the project. Susan Grey, 302 Willow Hill Court, spoke of the appearance, safety, and insurance costs. She asks for alternative sites and an analysis of the community's needs for power. Elizabeth deLaVeger, 103 Cherry Hill Court, is opposed to this project and its intrusion on her neighborhood. Rachel Seevey, 125 Spruce Hill Court, opposed the project. Rick Melzig, 340 Bella Vista, favored new substation construction for supplying power to Los Gatos. He feels that PG&E needs to improve its public relations outreach. Myron Tygar, 104 Spruce Hill Court, supports a new power station but not in a residential neighborhood. James Terrell, 14700 Golf Links Drive, opposes the project in this location. Kathleen Searles, 308 Willow Hill Court, asked that PG&E expend their resources on locating alternate sites, and submitting environmentally safe proposals. William Burns, 140 Newell Avenue, opposed the project and asked for alternatives for the location of the substation and for the tall towers which cut right through the Town. He asked for appointed times to meet with PG&E. He feels that the power company is not working on its community relations and is trying to side step the community and force its project through the CPUC. Ellie Stern, 17121 Wild Way, asked questions about the hearing and notification schedule regarding this subject. Enquiring for Courtside she had requested an electromagnetic measurements reading by PG&E. She did not receive a response to her request. Mr. Bowman, Town Planning Director, explained that the issued permit had expired. Town's position is that PG&E has to come to the town for a new permit. PG&E's position is that they do not have to apply for a new permit. By law PG&E does not have to come to the Town for a permit. Out of curtesy to the community the Town has requested this hearing so that the residents can voice their opinions to PG&E and forward this information to the CPUC. Mayor Benjamin noted that Council scheduled this hearing for the benefit of the residents of Los Gatos and planned to take this information and send it to the CPUC. The meeting was not scheduled during the summer because so many people are away for vacation. There is still time to gather input from the residents of Los Gatos and send it to the CPUC for inclusion in there meetings that are contemplated for October. Moises Chavez, representing the CPUC, explained the process to communicate with the CPUC and express concerns on this subject. 1) An Administrative Law Judge is assigned. 2) The time of October was set so the judge could address the subject of alternative locations. 3) This is the second case before the commission which deals with the permit to construct and Mr. Chavez is not familiar with the new process. 4) This new procedure was just instituted in 1996. 5) He suggests that questions regarding the appeal process be asked at the first hearing. 6) He is here this evening to hear the public comment and take it to the Administrative Law Judge. 7) Mayor Benjamin asked that he find out what the process is and give that information to TC:D9:MM090297 Town Council Minutes September 2, 1997 Los Gatos, California HEARINGS CONTINUED WINCHESTER BLVD 14750/PG&E/VASONA SUBSTATION Speakers continued: Mr. Chavez cont. Mr. Bowman so that those interested parties who can not attend the CPUC meeting can understand what the process is. Mr. Chavez said he would do so 8) He told of the Public Advisor's Office which will explain to the public how to participate in the hearing process. He will give that information and number to Mr. Bowman. Mr. Powers and former ALJ, noted that the ALJ performs an advisory function, but the commissioners decide the matter. The commissioners would be interested in the official opinion of the Town as well as the views of individuals. Mayor Benjamin noted that all comments will be sent to the CPUC and directed to the Law Judge and the CPUC (Commission) will have this information to review. Mr. Chavez noted that the Judge had ordered PG&E to answer Mr. Burns' letter regarding alternative locations. Mr. Powers noted two types of hearings. 1) Public Witness Hearings, held in the evening to accommodate the public, and presided over by a ALJ who receives the materials; 2) Evidentiary Hearings with expert witnesses sworn under oath with prepared materials and cross examination. Later written briefs are submitted, usually in San Francisco in the day time. Bob Masuoka, P.L.S., representing PG&E, answered the following questions: 1) Expansion of other sites; 2) Why this location?; 3) When will you look at the other alternatives? The other sites are full with little room for additional capacity. The Vasona substation picks up the load of a growing area. It takes the power from the lines that are there and distributes it in an area needing more power. There are other 3 acre sites that are suitable in this area but are not as well situated. Supplemental information of analysis of power usage in the past, present and future has been filed with the commission. Council Questions: Mrs. Lubeck: Has PG&E considered moving or undergrounding the large power lines in Los Gatos? Answer: No they have not. Question: Is there another comparable facility nearby that people can look at and consider. Answer: No, not exactly. This design is a 230,000 volt line down to a 120,000 volt system. Dixon Landing in Freemont is similar but smaller. Question: Are more lines to be added? Answer: No, the existing lines are sufficient. Mr. Hutchins: What is needed to establish an alternate substation? Answer: An easement to run the lines to the substation and property for the substation. Question: What is needed to relocate the power line? Answer: The Metcalf-Monte Vista, 230KV line begins at south San Jose at highway 101 and terminates at Monte Vista substation at Foothill, and easements would need to be purchased to relocate it. Question: What would it take to investigate the feasibility of running the line along route 85 where it enters Los Gatos at Wimbelton. Answer: The CPUC makes those determinations. The substation requires a permit to construct. The relocation requires a certificate of Public Convenience and Necessity. the Commission determines the need of the relocation, and that process takes from three to five years. Mr. Blanton: How much time will it take to review alternative sites? Answer: The Commission has already requested that information, and given PG&E until September 30th to respond. Mayor Benjamin asked that those who wanted to hear from the CPUC and PG&E leave their name and address and they and the people who spoke would be notified. TC:D9:MM090297 Town Council Minutes September 2, 1997 Los Gatos, California HEARINGS CONTINUED WINCHESTER BLVD 14750/PG&E/VASONA SUBSTATION CONT. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. TOWN COUNCIL/REDEVELOPMENT AGENCY/MEETING SCHEDULE/FY 1997-98 (07.10) Motion by Mr. Attaway, seconded by Mr. Blanton, to amend Town Council/Redevelopment Agency Meeting Schedule for 1997-98 Fiscal Year adding September 8, 1997 Study session with the Parking Commission. Carried unanimously. COUNCIL COMMITTEE REPORTS (08.10) Mayor Benjamin noted that there were no Council Committee Reports this evening. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mr. Blanton, that this evening's meeting be adjourned at 9:58 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM090297