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M 04-06-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY April 6, 1998/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:32 p.m., Monday, April 6, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, and Mayor/Chairman Linda Lubeck. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor Lubeck noted that Closed Session was not held this evening. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the recommended action concerning County Referrals: NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION 6829 & 6930 16490 Ferris Avenue Lukin Building Site Approval/No Conditions Carried unanimously. TREASURER'S REPORT (03.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept and file the Treasurer's Report as of February 28, 1998. Carried unanimously. RATIFICATION OF PAYROLL/FEBRUARY-MARCH 1998 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check registers for the payrolls of February 22 through March 7, 1998 paid on March 13, 1998 in the amount of $328,249.61. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MARCH 1998 (05.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for accounts payable invoices paid on March 13, March 17 and March 20, 1998 in the TC:D10:MM040698 amount of $403,057.89. Carried unanimously. MINUTES OF MARCH 16, 1998 (06.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of March 16, 1998 as submitted. Carried unanimously. TC:D10:MM040698 Town Council Minutes April 6, 1998 Redevelopment Agency Los Gatos, California XEROX CORP/COPIER & FAX MACHINE/RESOLUTION 1998-27 (07.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-27 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH XEROX CORPORATION FOR THE PURCHASE OF A COPIER AND FAX MACHINE. Carried unanimously. STREET RESURFACING/VALLERGA CONSULTING/RESOLUTION 1998-28 (08.28) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-28 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH NICHOLS VALLERGA & ASSOCIATES FOR STREET RESURFACING CONSULTING SERVICES FOR A CONTRACT AMOUNT OF $187,190. Carried unanimously. MOBILE HOME PARK CONVERSION/IMPACT REPORT/RESOLUTION 1998-29 (09.19) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING AGREEMENT TO PREPARE A MOBILEHOME PARK CONVERSION IMPACT REPORT FOR LOS GATOS MOBILEHOME PARK AT 484 WOODLAND AVENUE. Carried unanimously. TRAILS & BIKEWAYS/REDUCTION OF MEMBERS/RESOLUTION 1998-30 (10.20) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1996- 89 REDUCING THE NUMBER OF COMMITTEE MEMBERS ON THE TRAILS AND BIKEWAYS COMMITTEE FROM NINE (9) TO SEVEN (7). Carried unanimously. SIDEWALK RECONSTRUCTION/PROJECT 9802/RESOLUTION 1998-31 (11.35) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GEORGE BIANCHI CONSTRUCTION, INC. FOR THE CONSTRUCTION OF PROJECT 9802 -- SIDEWALK RECONSTRUCTION PROGRAM FOR 1998-1999. Carried unanimously. TOWN-WIDE GARAGE SALE/EXPENSE REIMBURSEMENT/RESOLUTION 1998-32 (12A.20) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR REIMBURSEMENT OF EXPENSES. Carried by a vote of 4 ayes. Mr. Attaway voted no. TOWN-WIDE GARAGE SALE/HOPE REHABILITATION/RESOLUTION 1998-33 (12C.20) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HOPE REHABILITATION SERVICES FOR SCAVENGING. Carried by a vote of 4 ayes. Mr. Attaway voted no. TC:D10:MM040698 Town Council Minutes April 6, 1998 Redevelopment Agency Los Gatos, California HEARINGS COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS/RESOLUTION 1998-34 (13.19) Mayor Lubeck announced that this was the time and place so noted to hold a public hearing to consider adopting resolution allocating Community Development Block Grant (CDBG) Funds for the year 1998-99. The following person from the audience spoke to this issue: Jack Neal, Community Services Commission Chairman, presented the Commission's recommendation for the funding of various community services to the Council. No one else from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-34 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL YEAR 1998-99. Carried unanimously. PG&E VASONA SUBSTATION/REPORT/PUBLIC HEARING (14.09) Mayor Lubeck announced that this was the time and place so noted to hold a public hearing to consider accepting report concerning the PG&E Vasona Substation located at the Winchester and Lark site. Mayor Lubeck presented an overview of this project as it has historically developed and its present status. The following people from the audience spoke to this issue: Charles Lewis, Attorney for PG&E, spoke of the history of this project and the work of PG&E with the Town concerning this proposal. Patrick Power, Attorney for the Neighbors, 2101 Webster Street, Suite 1500, Oakland, spoke of his work with the neighbors, the need for undergrounding and alternate location. Spoke of changing information from PG&E. William Burns, 140 Newell Ave., speaking for the immediate neighbors, thanked Council for its support during this situation. Asked Council to make a decision on the project. Roland Carrier, 136 Oakmont Way, living within an alternative site, was displeased at having his neighborhood considered for an alternative sub-station location. Jim Babb, 156 Highland Oaks Drive, was displeased with the proposal of moving the power lines to another neighborhood. Thelma Spaziani, 204 Willow Hill Court, addressed environmental and health issues concerning the proposed sub-station and does not believe that the Charter Oaks Association was aware of the proposal until eight years ago. Aggie Potter, 144 Newell Ave., spoke of the neighbors working together to address this issue and asking that others work with the original group in developing a more comprehensive and reasonable plan to present to CPUC and PG&E. Jack Aiello, 135 Newell Court, asked that PG&E provide a facilitator for this project and to work TC:D10:MM040698 Town Council Minutes April 6, 1998 Redevelopment Agency Los Gatos, California with the neighbors. TC:D10:MM040698 Town Council Minutes April 6, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED PG&E VASONA SUBSTATION/REPORT/PUBLIC HEARING CONTINUED Joe Johnson, 100 Cherry Hill Court, would like to see the various neighborhoods united in their efforts to deal with PG&E over the subject of the Vasona substation proposal. Anthony Dallojacono, 201 Garden Hill Drive, as a resident of an alternate site he favors the present location for various reasons. Kitten Russell, Baintree Place, Courtside, claims to not have had disclosure about the substation proposal when she bought her home. Monty Morehead, 160 Highland Oaks, prefers that the present proposal be completed as has been planned for many years. Brad Weisshahnn, 173 Ivy Hill Way, would loose his home if certain alternatives were chosen. He would like the project completed as first planned. Elvia Hashimoto, 110 Monjonera Court, does not support moving the proposed substation to an alternative location. She submitted a petition with 342 signatures from residents of alternative sites. Derek Johnson, 144 Oakmont Way, lives along Highway 17, and would have to loose his home and move if that site was chosen. Ann Marie Johnson, 100 Cherry Hill Court, does not believe a substation should be situated beside a residential neighborhood. She spoke of safety and health issues. Mark Miller, 122 Highland Oaks Way, asked that the CPUC and PG&E remain with their initial analysis of 1976 and proceed with the project. Carmine Smith, 157 Holly Hill Way, agreed with Roland Carrier, and does not want an alternative site considered. Joanne Bosomworth, 303 Willow Hill Court, spoke of the changing environment over twenty-five years, and noted that the area has grown a great deal since the 1976 analysis of the site. Dianna Bomgartner, 114 Highland Oaks Way, finds that the alternative site of her neighborhood would impact her home which has had a great deal of work done on it to make it handicapped accessible for her daughter who was injured in an accident several years ago. She cannot contemplate any impact to her and her daughter's living arrangements. Lisa Miller, 122 Highland Oaks Way, spoke of a community effort to solve this problem. She presently supports the existing proposal. Krista Bomgartner, 114 Highland Oaks Way, asked that her home not be affected by an alternative site selection. Gina Wolveron, 107 Charter Oaks Circle, spoke of environmental concerns with the placement of a substation at the present proposed location. Noa Sklar, 169 Ivy Hill Way, is worried about the purchase of her new home if the substation is allowed to be built. She raised safety issues Councilmember Joanne Benjamin addressed the CPUC and PG&E and told them that the present process for review of this problem is unacceptable. She asked that this project and all the people and agencies involved with it be allowed a facilitator to work through the issues with the various parties. Carol La Marre, 204 Charter Oaks Circle, President of the Board of Charter Oaks, felt that the Town has been very helpful in working with the residents over this problem. Renee Devore, 126 Highland Oaks Way, asked that the most cost effective method be used for building a substation in Los Gatos which will benefit the Los Gatos residents as a whole. TC:D10:MM040698 Town Council Minutes April 6, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED PG&E VASONA SUBSTATION/REPORT/PUBLIC HEARING CONTINUED Speakers continued: Gisele Ferris, 109 Charter Oaks Circle, lives directly behind the proposed site and finds many faults with the proposal. Audrey Van Belleghem, 113 Mojonera Court, noted that her home is adjacent to a proposed alternative site and does not want to see PG&E change their project at this late date Carol Miller, 106 Spruce Hill Court, spoke of safety and esthetics impacting Charter Oaks due to the building of the substation. Max Perlman, 183 Newell Ave., noted that all European cities underground their wires. Richard Erbst, 143 Newell Ave., PG&E's attitude toward the residents concerns was questioned. Rick Potter, 144 Newell Ave., asked that an alternative process be pursued for solving this issue. James Terrell, 14700 Golf Links Drive, asked that this Council correct the actions of the past. Eric Lynch, 510 Clearview Drive, President of the Wimbledon Place Homeowner's Association, asked for consideration of this neighborhood and that alternatives be considered for the placement of the substation. Jane Huxtable, 14732 Golf Links Drive, safety issues of the project was addressed. Myron Tyger, 104 Spruce Hill Court, questioned the communication ability and commitment to the community by PG&E. Rowena Moody, 14686 Golf Links Drive, spoke of the changed neighborhood over the past twenty- five years. Sandy Hoeffer, 410 San Benito Ave., representing the Courtside Club, asked that this project not be built where it has been planned due to the changing neighborhood. Lou Rae Kagel, 147 Newell Ave., asked for mediation for the neighborhoods involved Robert Kaneko, 124 Newell Ave., asked for denial of the PG&E proposed substation. Anne Burns, 144 Newell Ave., brought up some ethical questions regarding PG&E's relationships with its constituents, neighborhoods and agencies it has dealings with. Max Perlman, 183 Newell Ave., spoke again referring to the empty land which was assessed many years ago and the vibrant neighborhoods which exist in this location today. Roland Carrier, 136 Oakmont Way, asked for a summary of all issues which will be raised and discussed in the future with the facilitator and mediator. Barbara Perlman, 183 Newell Ave., spoke of the clean environment in Europe and noted that we could have that environment here also. Helga Eagle, Brocastle Way, asked that the substation not be allowed at the present location. Margaret Caluttzi, 177 Ivy Hill Way, asked when a decision was going to be made on this particular site. Mr. Lewis, answered questions concerning the meeting times and decision making schedules of the CPUC. Mr. Power, answered questions concerning the CPUC scheduled decisions. No one else from the audience addressed this issue. RECESS OF MEETING Linda Lubeck declared a recess at 10:00 and resumed meeting at 10:04. TC:D10:MM040698 Town Council Minutes April 6, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED PG&E VASONA SUBSTATION/REPORT/PUBLIC HEARING CONTINUED Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that the Mayor send a strong letter to the CPUC regarding the process and listing mitigation measures for any alternative location that might be considered. The following thoughts should be reflected in the communication: That we be granted a facilitator; That all residents of Los Gatos be allowed to participate in that facilitation; The process that we have followed is unacceptable; The suggested alternatives are not acceptable under the method that was used; That a master plan be presented for any site to be considered; There will not be any new overhead lines; We will not condemn anyone's property; The site will have the least amount of impact to anyone; Added lines would be undergrounded; There would be an emergency and safety plan associated with any site chosen; The parameters of the consulting would be defined; Council does not feel it has the ability to request denial of this application because it has no other site to recommend; If it does stay where it's at some very strong mitigation steps be initiated; That Los Gatos be able to give final Architecture and Site Approval; That proper grading and landscaping be part of the process; The poles would be gotten rid of from Highway 85 to the proposed site and monopoles would be used; That the letter be ready to present to the CPUC by Monday, April 13, 1998. That the CPUC & PG&E will seriously take the opinions of the Council into consideration. Carried unanimously. COUNCIL COMMITTEE REPORTS Joanne reported on the Cities Association's meeting this Thursday, at 7 p.m. at Sunnyvale City Hall, which will review local taxation and sales tax and the use of internet and federal and state laws. ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at 10:31 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM040698