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CC 11-15-2011 (it/ ��5.lyS, CUPERTINO APPROVED MINUTES CUPERTINO CITY COUNCIL Special Meeting November 15, 2011 ROLL CALL At 5:30 p.m. Mayor Gilbert Wong called the special meeting to order in the Council Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney. Absent: Kris Wang (recused herself from the study session item since her residence is within 500 feet of the area being discussed). STUDY SESSION 1. Subject: Study session on a request to enter into a land lease at Jollyman Park for a wireless communications facility Recommended Action: Conduct study session Description: Application: none; Location: Jollyman Park (Stelling Road near Highway 85) APNs: 359-25-049, 359-25-002, 359-25-024, 359-25-048 Parks and Recreation Director Mark Linder reviewed the staff report. City Attorney Carol Korade clarified that this item is for Council to discuss whether or not to enter into a private property transaction to lease Jollyman Park. If Council decides yes, then the wireless communication carrier would then come back to the Planning Commission for a regulatory decision. Public Safety Commission Chair Tamara Pow said that the Public Safety Commission is concerned about the lack of ability for Cupertino residents to call 911 from a cell phone or for sheriffs deputies to receive calls while patrolling, and that increasing AT&T coverage is necessary. Capt. Carl Neusel said that he supports additional cell coverage in Cupertino and explained that sheriff's deputies rely on cell phones to develop leads for all sorts of crimes and it's important to protect identities of victims and witnesses that can't be broadcast over the radio. He noted that efforts during the Lehigh shooting using mobile identification units didn't work well due to lack of coverage. November 15, 2011 Cupertino City Council Page 2 Technology, Information, and Communications Commissioner Peter Friedland referred to the Wireless Communication Facilities ordinance which speaks to potential site locations in the City and noted that Jollyman Park is one area that has poor coverage. He said he thought that other carriers had better coverage than AT&T. Santa Clara County Senior Emergency Services Coordinator Miguel Gray said that this is a way to improve bandwidth and overall cell phone coverage in the City's Emergency Operation Center (EOC) and to help members of the public make a 911 call. He mentioned that a recent report from the Congressional Research Service pointed out that in the future, the SCCAIert System would use a system called Personalized Local Alerting Network (PLAN) that would allow government officials the ability to communicate via text through cell towers. Mathur Vinjamury said he was an AT&T subscriber. He showed a picture of the tower cupola near Bollinger and Miller and noted that it wasn't very attractive. He said he was concerned about both aesthetics and health issues of cell tower antennas. Ardith West said that Cupertino can be a candidate for a cell tower, but that this isn't the right location. She noted that Jollyman Park residents are impacted already by Highway 85 and they don't need more pollution in that area. She said that something closer to the hills would be better. Koyi Chu said that she is an AT&T customer and has no problem using her cell phone in that area. She explained that an area next to a playground wouldn't be a good location but rather somewhere near Lincoln, Kennedy, or Monta Vista, or in the hills would be better. Peggy Fang said she lives one block from Jollyman Park and that it's a small, busy park with lots of children and dogs. She said she doesn't want a tower of that height in Jollyman Park. Judy Kuo distributed a petition of 173 signatures to stop the permits and land use for Corte', LLC and AT&T to use Jollyman Park. She noted that the issue of a cell tower at that location was already talked about and she asked why it was being brought up again. She said that cell towers cause health hazards and that it would be an eyesore at the park. She said a better location would be at a commercial location or on top of a hill. Pallavi Toprani said that she is a resident of Jollyman Park and agreed with the sentiments of other speakers. She explained that there is a need for a cell tower but disagrees with the location. She said that a 60-foot tower would be a hindrance and that AT&T would need to do maintenance on the tower either during day when kids, etc. are at the park, or at night using bright lights. Susan Peters said that her main concern is long-term studies have not been done regarding health issues with cell towers. She also said that a tower would be aesthetically ugly and that trucks would be coming in and out to do maintenance. She urged Council to find a different location. November 15, 2011 Cupertino City Council Page 3 Mark Matsumoto from the Cupertino Chamber of Commerce referred to the 2007 survey done by the Technology Commission (TICC) which found that the Kennedy/Monta Vista area had poor cell phone reception. He explained that he didn't want to dismiss any safety or aesthetic concerns but wanted the Chamber to remain a positive resource to help answer questions for those who have concerns about health and aesthetics. He said that improving cell phone coverage helps with public safety concerns but also helps the business community have access to voice and data which is important in day to day operations and expanding their business He said the Chamber supports expanded coverage in this area but had no comment on supporting the lease. Charlie Hanson said he lives next to Jollyman Park and urged Council to not enter into a lease agreement because it's premature to talk about a lease without details. AT&T has other alternatives if coverage is needed. He suggested that AT&T approach the school and college districts. Chris Jang and two of his family members (Vera Cheng and Paul Cheng) urged Council to deny entering into a lease agreement for the following reasons: AT&T has not shown a gap in coverage; Jollyman Park is not the most optimal site; a 60-feet tall cell phone tower is not compatible with the area. He showed a cell coverage map of the area from www.wireless.AT&T.com and explained that according to their website AT&T has perfect coverage in the area. He also noted that Jollyman Park is not directly the middle point and that De Anza College would be a better site. John Horn said he lives near Jollyman Park. He urged Council to vote no on the lease because a cell tower at the park would expose children to health hazards. Cecil Coe said that the City should put a requirement for all cell phone operators to work together to try and find a solution for cell phone coverage issues. He urged Council to vote no on the lease. Tasha Skinner from AT&T said that she was present at the meeting only to observe and answer questions since currently there is no zoning application until the City expresses interest in moving forward with a lease. She noted she would get back to staff to explain why a coverage map shown by a resident this evening is different than what is on the AT&T website. She also noted that Misako Hill, consultant from Cortel, LLC, and Randy Okamora, Community Liaison for AT&T Internal Affairs, were present to answer any questions. Council discussed the issue and the comments included: AT&T wouldn't be investigating a site if there weren't a need to satisfy customers; they want to wait until there is a full Council since Wang recused herself and the new Council member hasn't been sworn in yet; if this location has already been denied and there is perfect coverage in that area, then why is AT&T coming back; a cell tower would put additional pollution in the area; they want to wait and see what the Results Way tower would look like and how the coverage works; they haven't seen any good studies currently regarding proof of cell towers being a safety problem; they do see a safety issue when emergency responders can't get to people or residents call out for 911; and before this item comes back before Council, staff should work with the cell provider to November 15, 2011 Cupertino City Council Page 4 do outreach to community to try to mitigate as many concerns as possible ahead of time; the Council was in favor of a postponement. RECESS Council was in recess from 6:50 p.m. to 6:57 p.m. PLEDGE OF ALLEGIANCE At 6:57 p.m. Mayor Gilbert Wong reconvened the special meeting in the Council Chamber, 10350 Torre Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Gilbert Wong, Vice-Mayor Mark Santoro, and Council members Barry Chang, Orrin Mahoney, and Kris Wang. Absent: none. CLOSED SESSION -None Mayor Wong recognized newly-elected Council member Rod Sinks. CEREMONIAL MATTERS—PRESENTATIONS 2. Subject: Recognize students for their volunteer work at Silicon Valley Korean School Recommended Action: Present Certificates of Appreciation Mayor Wong handed out the certificates to the students. POSTPONEMENTS Santoro moved and Mahoney seconded to postpone item number 16 to a meeting in February. City Attorney Carol Korade clarified that the decision on this item could be based on anything, including coverage, health, aesthetics, etc. since this is a private land owner agreement and it's not a regulatory action on an actual tower. Council has no obligation to lease any property but if Council does decide on a lease, then any subsequent action is subject to all the rules and regulations about approving or denying a cell tower application. The motion carried with Wang abstaining. Wang moved and Chang seconded to postpone item number 13. The motion failed with Chang and Wang voting yes. WRITTEN COMMUNICATIONS Deputy City Clerk Grace Schmidt distributed copies of the following items: November 15, 2011 Cupertino City Council Page 5 • Personal wireless service facility approvals, staff PowerPoint presentation for item number 1, petition to stop permits and land use approved to Cortel, LLC and AT&T at Jollyman Park, Jollyman Park wireless communication facility study session • Email from Ned and Rusty Britt, revised Attachment E, revised Attachment D, chart of minor amendments to zoning designations, staff PowerPoint presentation for item number 11, Heart of the City Specific Plan • Email from Chi-I Lang, slope lot regulations, staff PowerPoint presentation for item number 12, tentative parcel map on Lindy Lane • PowerPoint presentation for item number 13, Kunshan Sister City • Email from Mary Ellen Hennig for item number 15, community tree • Emails from Bhavini and Vijay Kamarshi, Ardith West, and objections from 3 properties on Elderwood Ct. for item number 16, Jollyman Park wireless communication facility • Email from Keith Murphy, letter from Paula Davis at Chamber of Commerce, responses from Darrel Lum, staff PowerPoint presentation for item number 17, petition for reconsideration ORAL COMMUNICATIONS Michael Gottwald welcomed back Gilbert Wong to the City Council, thanked Kris Wang for her years of service and welcomed new Council member Rod Sinks. CONSENT CALENDAR Mahoney moved and Wang seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Abstain: None. 3. Subject: November 1 City Council minutes Recommended Action: Approve minutes 4. Subject: Accounts Payable for period ending October 28, 2011 Recommended Action: Adopt Resolution No. 11-185 5. Subject: Accounts Payable for period ending November 4, 2011 Recommended Action: Adopt Resolution No. 11-186 6. Subject: Citizens' Option for Public Safety (COPS) grant funding request Recommended Action: Adopt Resolution No. 11-187 7. Subject: Add Roth 457 option to Nationwide Deferred Compensation Plan Recommended Action: Adopt Resolution No. 11-188 8. Subject: Declare weeds a nuisance and set hearing date of January 17 for objections to proposed removal Recommended Action: Adopt Resolution No. 11-189 9. Subject: Alcoholic Beverage License, I Sushi, 21670 Stevens Creek Blvd (near Imperial) November 15, 2011 Cupertino City Council Page 6 Recommended Action: Approve application for On-Sale Beer& Wine 10. Subject: Don Burnett Bridge signage and dedication plaque Recommended Action: Authorize staff to use proposed text and proceed with fabrication of two bridge signs and dedication plaque ITEMS REMOVED FROM THE CONSENT CALENDAR(above) -None PUBLIC HEARINGS 11. Subject: Technical amendments and clarifications to General Plan Land Use Map, Zoning Map, and Heart of the City Specific Plan Recommended Action: Approve project and conduct the first reading of Ordinance No. 11- 2086: "An Ordinance of the City Council of the City of Cupertino amending the Zoning Map to specify boundaries of the Heart of the City Specific Plan area and to refer to the Heart of the City Specific Plan for the zoning designations"; and Conduct the first reading of Ordinance No. 11-2087: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to incorporate technical amendments, including clarifications to the language and moving the land use and zoning designations from the General Plan Land Use Map and Zoning Map into maps into the Heart of the City Specific Plan"; and Adopt Resolution No. 11-190 specifying boundaries of the Heart of the City Specific Plan Description: Applicant: City of Cupertino; Application No: SPA-2011-01, GPA-2011-04, 2- 2011-05; Location: Citywide; Description: Specific Plan Amendment for clarifications to the Heart of the City Specific Plan, General Plan Amendment for clarifications to the City's Heart of the City Specific Plan, Re-Zoning of certain parcels within the City's Heart of the City Specific Plan area in accordance with the Specific Plan and General Plan amendments; environmental determination is exempt Senior Planner Aki Honda Snelling reviewed the staff report. Mayor Wong opened the public hearing at 8:02 p.m. Jennifer Griffin said that she wants to make sure the look and feel of Cupertino's east side is maintained all the way to the Monta Vista area. She was concerned that there had never before been mention of having the property near Vallco Parkway be rezoned to retail. She said she wanted to keep it industrial/high tech. Jason Lundgaard representing Apple said the main concern was to be sure that the Apple buildings on the north side of Vallco Parkway remain as conforming uses to keep it as planned industrial and to add commercial zoning. Keith Murphy asked if there would be an administrative review and approval process regarding exceptions, if those would be posted on the website, and was also concerned that there was no sunset to permits granted after two years. November 15, 2011 Cupertino City Council Page 7 Mayor Wong closed the public hearing at 8:08 p.m. Mahoney moved and Wang seconded to approve the project with the changes listed below. The motion carried unanimously. Deputy City Clerk Grace Schmidt read the title of Ord. No. 11-2086 to include the changes listed below. Mahoney moved and Wang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. Mahoney moved and Wang seconded to adopt Resolution No. 11-190 with the changes listed below. The motion carried unanimously. Deputy City Clerk Grace Schmidt read the title of Ord. No. 11-2087 to include the changes listed below. Mahoney moved and Wang seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang, and Wong. Noes: None. The following changes apply to Ord. No. 11-2086, 11-2087, and Resolution No. 11-190: • In the section on exception process for development standards, add "Refer to Zoning Ordinance Chapter 19.12, Administration" • Biltmore Apartments site— zone as P(R3) ',0-20 • Abundant Life Church site—zone as P(CG, RES) and clarify that existing churches with a use permit are permitted • City Center north site—zone as P(CG, OP, RES) • Sears/Vallco Mall—zone as P(CG) • Rosebowl and Mainstreet sites—zone as P(CG, ML, RES) • Apple sites on Vallco Parkway—zone as P(MP, CG) 12. Subject: Amendment of an approved 3-lot Tentative Parcel Map at 21989 Lindy Lane Recommended Action: Approve recommendation from the Planning Commission Description: Application: M-2011-06; Applicant: Frank Sun; Location: 21989 Lindy Lane; APN: 356-25-024; Environmental Declaration: Exempt; Amendment to an approved 3-lot Tentative Parcel Map (TM-2005-05) to modify development restrictions to reflect current R1-Zoning development standards Council member Mark Santoro recused himself because his residence is within 500 feet of the project, and left the dais. Senior Planner Colin Jung reviewed the staff report. Applicant Frank Sun reviewed the project and asked for approval. Mayor Wong opened the public hearing at 9:04 p.m. John James said he supported the amendment. November 15, 2011 Cupertino City Council Page 8 Marie Lin said she wanted the hillside to remain stable, and she supported the amendment. Patrick Kwok said he supported the staffs recommendation to approve the amendment. Mayor Wong closed the public hearing at 9:12 p.m. Mahoney moved and Chang seconded to approve the recommendation from the Planning Commission and approve the amendment. The motion carried with Santoro absent from the dais. Council recessed from 9:15 p.m. to 9:27 p.m. UNFINISHED BUSINESS NEW BUSINESS 13. Subject: Consider establishing a sister city relationship with Kunshan, China. Recommended Action: Establish relationship City Manager Dave Knapp reviewed the staff report. Don Sun made a PowerPoint presentation. The following individuals were in support of establishing a sister city relationship with Kunshan, China: Vicky Tsai Rayne Lin Jenny Cheung Bonnie Zhang Mark Matsumoto speaking for Ken McClellan Qi Wang Patrick Kwok Dr. Frank Sun Mahoney moved and Chang seconded to send a letter of intent to the Cupertino Committee and Kunshan that Council would like to see the process move forward, hoping to build a long-term relationship in the future and would like to hear more detail from the Cupertino Committee regarding its activities and how Kunshan envisions a relationship with Cupertino. The motion carried with Wong voting no. Council recessed from 10:40 p.m. to 10:50 p.m. November 15, 2011 Cupertino City Council Page 9 14. Subject: Amend Chapter 9.18 (Stormwater Pollution Prevention and Watershed Protection) of the Cupertino Municipal Code to specify legal authority and implement requirements in the City's stormwater permit Recommended Action: Conduct first reading Ordinance No. 11-2088: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.18 (Stormwater Pollution Prevention and Watershed Protection) of the Cupertino Municipal Code to specify the legal authority and implement the requirements in the City's stormwater permit" Public Works Director Timm Borden reviewed the staff report. Deputy City Clerk Grace Schmidt read the title of the ordinance. Wang moved and Mahoney seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Wang and Wong. Noes: None. 15. Subject: Consider a request to change the name of the "Community Tree Lighting" event to "Christmas Tree Lighting" Recommended Action: Staff recommends that the City of Cupertino continue its community building efforts and retain the name "Community Tree Lighting" Parks and Recreation Director Mark Linder reviewed the staff report. The following individuals were in support of adding the word Christmas somewhere in the name of the event. • Dr. Frank Sun • Donene Harrison • Mary Ellen Hennig • Dan Morris • Suzanne Ford • Patrick Kwok Mahoney moved to change the name of the ceremony to "Holiday Tree Lighting" beginning in 2012. The motion died for lack of a second. Wang moved and Mahoney seconded to call the ceremony "Tree Lighting." Wang amended the motion to call the ceremony "Christmas Tree Lighting". Mahoney didn't accept it as a friendly amendment, but Chang seconded the motion. Wang withdrew her motion and offered a new motion to call the ceremony "Tree Lighting." Mahoney seconded the motion. The motion carried with Wong and Chang voting no. 16. Subject: Consider AT&T's request to enter into a land lease at Jollyman Park for a wireless communications facility Recommended Action: Consider whether or not to authorize the City Manager to negotiate and/or execute a lease with AT&T to construct a wireless communications facility at Jollyman Park. November 15, 2011 Cupertino City Council Page 10 Description: Application: none; Lessee's Representative: Misako Hill for Cortel, LLC and AT&T; Location: Jollyman Park (Stelling Road near Highway 85) APN: 359-25-049, 359- 25-002, 359-25-024, 359-25-048. Under Postponements, this item was postponed to a Council meeting in February. 17. Subject: Petition for Reconsideration of Cupertino Crossroads Development Proposal Recommended Action: Adopt Resolution No. 11-191 upholding approval of project Description: Applicant: Mark Creedon (Byer Properties); Appelant: Darryl Lum; Permit Nos: ASA-2011-12, DP-2011-03, EXC-2011-10, TR-2011-30; Location: 20750 Stevens Creek Boulevard (Cupertino Crossroads); APN: 359-08-006, 359-08-013, 359-08-020; Environmental Determination: Negative Declaration (EA-2011-10); Descriptions: a. Architectural and Site approval for two new retail building pads and associated site improvements, including, but not limited to, parking lot re-orientation, lighting, landscaping and street frontage improvements consistent with the Heart of the City Specific Plan. b. Development Permit to allow the construction of two new retail building pads; 8,136 square feet and 5,086 square feet respectively and demolition of an existing 4,930 square foot restaurant building, for a net square footage increase of 8,292 square feet. c. Exception to the Heart of the City Specific Plan to allow a 26 foot front setback for a new 5,086 retail building pad, where a 35 foot front setback is required. d. Tree Removal Permit to allow the removal and replacement of seventy nine trees within an existing shopping center parking lot in conjunction with the proposed new development Assistant Planner George Schroeder reviewed the staff report and explained the grounds for reconsideration as specified in the City's Municipal Code. Dr. Darryl Lum reviewed his Petition for Reconsideration in detail. He concluded that the three apparent constraints (oak tree, parking lot, and grade difference) are not valid, unique surrounding land uses that make it difficult to adhere to the development standards and therefore, the findings for an Exception to the Heart of the City Specific Plan don't meet the criteria. He asked Council to reconsider the exception and to approve his Petition for Reconsideration. Architect Charles Kahn noted that David Taxin was also present to represent the ownership of the property. Mr. Kahn explained that he wouldn't be asking for any exceptions if he didn't think they were necessary, and he doesn't think this would set precedence for future exceptions. Mayor Wong read comments from speaker cards of individuals who weren't able to stay to speak, including Marolyn Chow, Norm Hackford, Dennis Whittaker, and Michael Gottwald. The first three individuals noted that they supported the Petition for Reconsideration, and Mr. Gottwald noted that he supported the restaurant and success for the shopping Center. Mark Matsumoto said that the Chamber of Commerce supported the project as approved and asked Council to deny the Petition for Reconsideration. • November 15, 2011 Cupertino City Council Page 11 Keith Murphy said that he supported the development project but that Council needs to follow the General Plan and the Heart of the City Specific Plan. He noted that the Petition for Reconsideration was compelling. Steve Scharf said that Council granted the exception disregarding the evidence and chose to not abide by the Heart of the City plan in its action. He said he supported the Petition for Reconsideration and asked Council to go back and examine the facts. Mahoney moved and Chang seconded to adopt Resolution No. 11-191 upholding approval of the project. Chang added that he wants to emphasize keeping the tree. The motion carried with Santoro voting no. ORDINANCES -None STAFF REPORTS Parks and Recreation Director Mark Linder asked Council for direction on whether to negotiate a new contract with Lifetime Tennis for tennis lessons or send out a Request for Qualifications (RFQ) to other contractors. Council directed staff to come back with an RFQ. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 12:55 a.m., on Wednesday, November 16, the meeting was adjourned. I Grace Schmidt, Deputy City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk's Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cu1ertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.