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109-H. CC Meeting Minutes dated 11/29/10.pdfATTACHMENT H November 29, 2010 Cupertino City Council Page 4 noted that this ameare to cl Assistant Public Worts ' ctor Glen Goepfert explained that this was a semi -rural area and the improvements were not being pu where the city had standard improvements. The applicant wanted to expand the driveway into the 's right of way and would be responsible for the maintenance and liability. He further noted that 1 itywanted to change this agreement in the future they could do so. Chang moved and Mahoney seconded to approve the Consent Calendar as reco ded. Ayes: t-t­ _ NAt,nnww gnntnrn wa e. Abstain: None. --w PUBLIC HEARINGS Subiect: Appeal of a Director's Approval for a personal wireless service facility at 11371 Bubb Road. Recommended Action: Deny appeal (See Attachment A. Planning Commission Resolution No. 6616) Description: Application: DIR-2010-28 Appeal Applicant: Dayna Aguirre (for T-Mobile) Appellant: Shaul Berger Location: 11371 Bubb Road, APN 356-23-047 Application Summary: Appeal of a Director's Minor Modification to allow a personal wireless service facility with three panel antennas and four associated equipment boxes to be installed on an existing PG&E pole located in front of 11371 Bubb Road. Senior Planner Colin Jung presented an overview of the staff report noting that this project had been approved by staff on September 7, 2010, appealed on September 20, 2010 and on November 9, 2010 the Planning Commission had denied the appeal. He stated that the appeal summary included health concerns, proposed location near residential and inaccuracies in the radio frequency emission study. Mr. Jung stated that a master plan was on file which showed preferred locations for wireless facilities in the city, which showed guidelines for locations but not specific sites. He noted that if any project met FCC standards, the city was unable to deny the project on basis of health and safety issues. City Attorney Carol Korade added that FCC standards were nationwide and the city could not change these standards and was required to abide by them. The following individuals spoke in opposition to the installation of a personal wireless service facility on Bubb Road: Shaul Berger, Luis Nunez, Saleh Osman, Chen Chou, Michael Chen, Madhu Gi, Prasad Narayana, CheryLiu, Manjari Asawa, Cathy Helgerson, Catherine Ore, Raj G., Taiyi Cheng and Petr Vandrovec. They raised the following issues and concerns: There would be a negative impact on property values; the sites were too close to neighboring schools, and there were overall health and safety issues; other sites such as hillsides should be November 29, 2010 Cupertino City Council Page 5 considered; there would be negative visual impacts; the pole was old, cracked and not strong enough to hold equipment; there would be negative noise levels; the city should take responsibility for the spread of pollution; and a master plan was needed which would show the exact location where the city wanted wireless facilities. Dayna Aguirre, representing Sutro Consulting for T-Mobile, stated that there was a coverage issue and customers were having difficulty with dropped calls and the inability to make calls. She said that putting an antenna on a hillside would not address these site specific problems. She said that a tower would greater coverage but: was not possible in this location. She said that PG&E did a structural analysis to determine that the poles being considered are structurally sound. The City Council discussed Linda Vista Park, Results Way and the water tank on Regnart Road as three possible alternative sites. Dayna Aguirre, representing Sutra Consulting for T-Mobile, stated that she knew the Results Way location would not work but it would be up to the radio frequency engineers to look at the other two sites. She stated that the company had complied with the city's requests regarding this application and she asked for a Council vote at this meeting and did not agree to a continuation. Action: Mahoney moved and Wong seconded to deny the appeal and uphold the approval of the personal wireless service facility at 11371 Bubb Road. Wong seconded, and the motion carried 3-2, with Chang and Wang voting no. BUSINESS - None NEW Subiect: Agreement wit e Association of Bay Area Governments (ABAG) to receive grant funds for the installation of tra apture devices. Recommended Action: Adopt a reso 'on 10-218 authorizing the City Manager to execute the agreement. Description: This agreement will allow the City ceive grant funds for the installation of trash capture devices (TCDs) as required by the State Wa esources Control Board. Assistant Public Works Director Glen Goepfert stated that the city required to acquire, install and maintain trash capture devices that would collect trash transp d by rainwater from retail/wholesale commercial land -use areas. This requirement must be m by July 1, 2014. The grant funding agreement for this project with ABAG must be executed by uary 1, entities.