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110-I. CC meeting minutes of 1/4/11.pdfJanuary 4, 2011 Cupertino City Council Page 3 Cafe Torre) Re"rsommend Publi atin; 6. Subject: A Suite 200 Attachment 1 3 Action: Approve application for On -Sale Beer and Wine for Bona Fide Place Beverage License, One Eyed Spirits, 19200 Stevens Creek Boulevard, : Approve application for Distilled Spirits Importer and Wholesaler 7. Subject: Quitclaim. Dee d Authorization for Underground Water Rights, Vivekanand Karnataki and Deepti Naik, 1 2 Bret Avenue Recommended Action: Adopt Re lution No. 11-003 Descriytion: The property owners o is residential development agree to grant to the City the right to extract water from the basin der the overlying property 8. Subject: Municipal Improvements, Kelly Gor Development Corp., 10231 Amelia Court Recommended Action: Accept Municipal Improve ents Descri tion: Municipal improvements include sidewa , curb & gutter, driveway approach, paving and new utility services ITEMS REMOVED FROM THE CONSENT CALENDAR { 2. Subject: Accounts Payable for period ending December 17, 2010 Recommended Action. Adopt Resolution No. l I-001 Discussion: Council member Barry Chang asked for additional detail on p ments to G. Bortolotto, Spencon Construction, and some handwritten notations. Administrate Services Director Carol Atwood said she would research these items and provide more info ation about the projects in question, and would also provide a copy of the city's purchasing po Action: Chang moved and Wang seconded to approve the accounts payable item a ©moo,,+or1 'r1ka mn+iron �Ji-A_min n;rnmiA PUBLIC HEARINGS 9, Subject: Appeal of an approval of a wireless service facility on Results Way Recommended Action: Consider an appeal of the Planning Commission approval for a personal wireless service facility at the existing Results Way office park Description: Application Nos. U-2010-03, EXC-2010-04, TR-2010-31; Applicant: Scott Longhurst (AT&T); Appellants: Allen Wang, Grace Chen, Guo Jin; Address: Results Way (rear parking lot); APN: 357-20-042; Application Summary: Consider an appeal of a Planning Commission approval for a personal wireless service facility consisting of twelve panel antennas to be mounted on a 74 foot tall monopine and associated base equipment to be located at the existing Results Way office park Discussion: Senior Planner Colin Jung reviewed the staff report and the history of the project's approval and appeal hearings. He said that the owner had reviewed the alternate January 4, 2011 Cupertino City Council Page 4 sites suggested by the City Council, along with several facility design options, but still felt that the only feasible site was the proposal that was approved by the Planning Commission. Appellant Grace Chen reviewed a series of slides including a summary of the AT&T application. She pointed out discrepancies in the monopine height compared to the other trees in the area and she said it would not blend harmoniously with other trees in neighborhood because they are of smaller stature, about 20 feet high, and may not grow much taller. She mentioned Ordinance 09-2038 which amended the wireless facilities ordinance. Ms. Chen asked that the Council uphold the appeal and direct AT&T to consider other viable alternatives, such existing telephone poles, and to consider Ordinance 90-2038, amendments to Chapter 19,108 of the Wireless Communications Facilities of the Cupertino Municipal Code, of the Cupertino Municipal Code. Scott Longhurst, Trilliam Telecom (for AT&T Mobility), thanked the Council for their commitment and hard work on the project. He said that AT&T has shown good faith in working with City staff, the community, and elected officials to find a suitably zoned area for the facility. This project meets the zoning code and is compliant with development standards. He asked the Council to uphold Planning Commission's recommendation, deny the appeal and let the project move forward. Rose Grymes spoke about the need to improve cell phone service in Cupertino because of an increasing demand for cell phone integrity and reliability. Andrew Wu spoke in opposition to the AT&T monopine. He underscored Ms. Chen's presentation and the City should follow already -established guidelines. Xuena Xu said that, based on the current ordinance, the City should not allow the monopole be 75 feet high. Xiaowen Liu showed an overhead diagram of the site and said that the proposed location was too far north of the problem coverage area. She said she was not opposed to the tower, just its location. Mark Ma said that AT&T should consider changing the location of this monopine antenna to a completely different location. He referred to prior applications, which were denied, and said that this tower is taller than the previously denied versions. Leon Beauchmon, representing AT&T, said he would be retiring and his replacement would be Randy Okamura. Mr. Beauchmon said he had been working with the City for 5 years and they believed this was the best solution. Kevin McClelland, representing the Cupertino Chamber of Commerce, acknowledged that cell phone coverage in Cupertino was not as good as it could be. He requested that Council support Cupertino's telecommunications infrastructure and deny the appeal, January 4, 2011 Cupertino City Council Page 5 Randy Okamura said he had been the "External Affairs Manager in Palo Alto. He said he wished to respond to Mr. Wu's comments and explain that he had worked on the Palo Alto monopine project. He had participated in the decision to withdraw the proposal, which was partly because they did not properly engage the community. He said they would be sure to follow through with community outreach in the future. Chris Ho, a resident of Astoria Townhomes, said he wanted improved coverage for AT&T users, but he didn't like this proposal because it exceeds the height limit. He suggested bringing the antennae down to a lower height, and he asked Council to reject proposal. Mr. Longhurst talked about why the original location was still the only feasible location, and explained that the monopole height had to be increased from 55 feet to 75 feet in order to make up for the difference in grade, since the property sloped down in the back by 19 feet. Council members discussed methods to provide additional screening, such as mounding areas around the monopole to plant new trees, and add additional trees along the property line by the residences. Mr. Longhurst said that AT&T would agree to the suggestions for more screening trees, berms, and irrigation. He asked if there could be $75,000 dollar cap on the additional mitigation measures. Discussion followed about whether there were other alternate sites. City Attorney Carol Korade explained that a wireless provider must make an initial showing that the method it is proposing, to fill a significant gap in its service, is the least intrusive. The city is not compelled to accept the provided solution, but if it is rejected the city must show potentially available and technologically feasible alternatives. The provider must then have an opportunity to dispute the availability and feasibility of the alternatives favored by the city. Action: Mahoney moved and Santoro seconded to deny the appeal, required the conditions as recommended by the Planning Commission, and added the following conditions to the Planning Commission resolution: (1) Plant additional screening trees at the northern property line to screen the tree pole from the Astoria Townhome development; (2) Require berming and plant at least two 36" box, Coastal Redwoods (Blue Aptos variety) on the berm on either side of the monopole to screen it; (3) Improve irrigation around the trees to ensure proper growth; (4) Remove and replace trees with dead tops; (4) Adequately maintain and water the trees in the parking lot; (5) Require an annual status report on the trees by a certified arborist for three years from the date of the tree planting; (6) Require that tree planting conform with the approved development plans of the Results Way office park; and (7) Allow a monetary cap of $75,000 for the berming and tree planting required in the added conditions.