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08-03-10 Bookmarked Packet.pdfTable of Contents Agenda 3 Accounts Payable period ending July 16, 2010. Draft Resolution 9 Accounts Payable for period ending July 23, 2010. Draft Resolution 21 Payroll for period ending July 23, 2010. Draft Resolution 32 Accept quitclaim deed and authorization for underground water rights at 10385 Calvert Drive. Resolution 33 Quitclaim Deed 34 Map 38 Accept quitclaim deed and authorization for underground water rights at 10395 Calvert Drive. Resolution 39 Quitclaim Deed 40 Map 44 Accept quitclaim deed and authorization for underground water rights at 10355 Calvert Drive. Resolution 45 Quitclaim Deed 46 Map 50 Accept quitclaim deed and authorization for underground water rights at 10140 Lockwood Drive. Resolution 51 Quitclaim Deed 52 Map 56 Intent to vacate a portion of City right of way on Stevens Canyon Road at 22605 Ricardo Road. Staff Report 57 A. Resolution 59 B. Map 60 Request for extensions of a previously approved hotel proposed for 10165 N De Anza Blvd Staff Report 61 A. Approval letter to applicant, dated January 23, 2009 63 B. letter from Applicant, dated July 7, 2010 76 C. Approved Plan Sets, dated January 20, 2009 77 Appeal of a WiMax Antenna at West Valley Presbyterian Church Staff Report 96 A. Planning Commission Resolution 6602 100 B. Planning Commission Staff report, dated July 27, 2010 103 C. Petition from Appellant 150 1 D. email from Wenjie Li, dated July 23, 2010 165 Approve assessment of fees on private parcels for the annual weed abatement program. Staff Report 166 A. Assessment Report 168 Letter on status of county reclamation violations at Lehigh. Draft letter to county re: NOVs 170 Adopt ordinance prohibiting the feeding of birds in City parks. Staff Report 171 A. Draft Ordinance 174 B. Flyer 176 Designate an alternate board member for the Silicon Valley Regional Interoperability Agency (SVRIA). Staff Report 178 Amend the Cupertino Municipal Code relating to designated bicycle lanes and routes. Staff Report 179 A. Ordinance No. 10-2063 180 B. Ordinance No. 10-2064 181 2 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, August 3, 2010 6:45 PM CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION CEREMONIAL MATTERS – PRESENTATIONS 1. Subject: Proclamations for participants in Cupertino Library robotics mini-camp. Recommended Action: Present proclamation. Description: Proclamations for Lynbrook High School and Miller Middle School Lego Robotics Club, the Cupertino Library and the Friends of the Cupertino Library. POSTPONEMENTS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. 3 August 3, 2010 Cupertino City Council Page 2 Cupertino Redevelopment Agency CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Accounts Payable period ending July 16, 2010. Recommended Action: Adopt Resolution No. 10-143. Attachments: Draft Resolution 3. Subject: Accounts Payable for period ending July 23, 2010. Recommended Action: Adopt Resolution No. 10-144. Attachments: Draft Resolution 4. Subject: Payroll for period ending July 23, 2010. Recommended Action: Adopt Resolution No. 10-145. Attachments: Draft Resolution 5. Subject: Accept quitclaim deed and authorization for underground water rights at 10385 Calvert Drive. Recommended Action: Adopt Resolution No. 10-146. Description: First LJ of Cupertino, LLC, APN 375-17-027. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map 6. Subject: Accept quitclaim deed and authorization for underground water rights at 10395 Calvert Drive. Recommended Action: Adopt a Resolution No. 10-147. Description: First LJ of Cupertino, LLC, APN 375-17-028. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map 4 August 3, 2010 Cupertino City Council Page 3 Cupertino Redevelopment Agency 7. Accept quitclaim deed and authorization for underground rights at 10355 Calvert Drive. Recommended Action: Adopt Resolution No. 10-148. Description: First LJ of Cupertino, LLC, APN 375-17-024. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map 8. Subject: Accept quitclaim deed and authorization for underground water rights at 10140 Lockwood Drive. Recommended Action: Adopt Resolution No. 10-149. Description: Madhukar Govindaraju and Chaya Murthy Govindaraju, APN 342-14-112. Attachments: Resolution Attachments: Quitclaim Deed Attachments: Map 9. Subject: Intent to vacate a portion of City right of way on Stevens Canyon Road at 22605 Ricardo Road. Recommended Action: Adopt Resolution No. 10-150. Description: Applicant is Harold “Bud” Barclay. Attachments: Staff Report Attachments: Resolution Attachments: Map 10. Subject: Request for extensions of a previously approved hotel proposed for 10165 N De Anza Blvd. Recommended Action: Approve extensions. Description: Request for a one year extension to a previously approved 5-story hotel and parking structure, EXT-2010-04, EXT-2010-05, EXT-2010-06, (APN 326-34-057), Dipesh Gupta/Ebrahim Kaabipour. Attachments: Staff Report Attachments: Approval letter to applicant, dated January 23, 2009 Attachments: Letter from Applicant, dated July 7, 2010 Attachments: Approved Plan Sets, dated January 20, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 5 August 3, 2010 Cupertino City Council Page 4 Cupertino Redevelopment Agency PUBLIC HEARINGS 11. Subject: Appeal of a WiMax antenna at West Valley Presbyterian Church. Recommended Action: Consider denial of the appeal. Description: This is an appeal of an approved WiMax antenna to be concealed in a cupola on the roof top of the church, DIR-2010-05, 6191 Bollinger Road (APN 375-41-007), Bradley Head for Clearwire/West Valley Presbyterian Church. Attachments: Staff Report Attachments: Planning Commission Resolution 6602 Attachments: Planning Commission Staff report, dated July 27, 2010 Attachments: Petition from Appellant Attachments: Email from Wenjie Li, dated July 23, 2010 UNFINISHED BUSINESS NEW BUSINESS 12. Subject: Approve assessment of fees on private parcels for the annual weed abatement program. Recommended Action: Conduct a hearing and adopt Resolution No. 10-151. Attachments: Staff Report Attachments: Assessment Report 13. Subject: Letter on status of county reclamation violations at Lehigh. Recommended Action: Authorize mayor to sign letter. Description: Letter to County Planning Department regarding the status of East Materials Storage Area Reclamation Plan Amendment intended to address the Notices of Violation (NOVs) issued by the County in 2006 and 2008. Attachments: Draft letter to county re: NOVs 14. Subject: Adopt ordinance prohibiting the feeding of birds in City parks. Recommended Action: Conduct first reading of Ordinance 10-2066. Description: An Ordinance of the City Council of the City of Cupertino adopting Section 13.04.130 P of the Cupertino Municipal Code prohibiting the feeding of birds in City parks. Attachments: Staff Report Attachments: Draft Ordinance Attachments: Flyer 6 August 3, 2010 Cupertino City Council Page 5 Cupertino Redevelopment Agency 15. Designate an alternate board member for the Silicon Valley Regional Interoperability Agency (SVRIA). Recommended Action: Select representative from Council. Attachments: Staff Report ORDINANCES 16. Subject: Amend the Cupertino Municipal Code relating to designated bicycle lanes and routes. Recommended Action: Conduct second readings and enact Ordinance Nos. 10-2063 and 10- 2064. Description: An ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to designated bicycle lanes"; and "An ordinance of the City Council of the City of Cupertino amending Section 11.08.260 of the Cupertino Municipal Code relating to designated bicycle routes". Attachments: Staff Report Attachments: Ordinance No. 10-2063 Attachments: Ordinance No. 10-2064 STAFF REPORTS COUNCIL REPORTS ADJOURNMENT Subject: Commission presentations to City Council on August 17. Recommended Action: Adjourn to Tuesday, August 17, 5:00 p.m., at the Quinlan Community Center, 10185 North Stelling Road. 7 August 3, 2010 Cupertino City Council Page 6 Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, FIRST LJ OF CUPERTINO, LLC, 10385 CALVERT DRIVE, APN 375-17-027 WHEREAS, First LJ of Cupertino, LLC, has executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization”, and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of August, 2010 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 33 34 35 36 37 10410 10400 10340 10310 10300 10290 10280 10270 10260 10250 18690 18691 1867010435 10425 10415 10405 10395 10420 10385 10375 10365 10355 10345 10335 10230 10240 10325 10315 10305 10295 10330 10320 1867110440 10430 10350 10390 10380 10370 10360 10240 10250 10260 10270 10280 10290 10408 10416 10424 10432 10440 10448 10456 10464 10400 10300 10310 10320 10330 10340 10350 10360 10409 10401 10391 10381 10371 10361 10351 10231 10441 10433 10425 10417 10341 10331 10321 10311 10301 10291 10281 10271 10261 10251 10241 18896 18884 18872 1 8 8 6 0 1 8 8 4 8 1 8 8 3 6 1 8 8 2 4 1881218800187901878018770187601 8 6 7 1 1866010373 1028210325 10319 10313 1 0 3 0 7 1 0 3 0 1 1029510401 10391 10370 10366 10360 10356 10350 10283102771027110265104081 0 4 0 4 10400 10396 10392 10388 10382 1037610379 10367 10361 10355 10349 10343 10337 10331 1028910285 1027210330 10385 1 8 6 7 1 18661 1866018665 18 66 018671 18661 18661 1 8 6 7 1 187301874018750187601877018720 187801882018830188401885018860188151886118851188411883118725 18731 10465 10464 10430 10420 10410 10400 10435 10425 10415 10405 10395 10385 10360 10350 10340 10330 10320 10310 10300 10290 1025210310 10383 1 8 7 8 5 18771 10375 10365 10355 10345 10335 10325 10315 10305 10295 10390 10380 10370 JOHNSONCALVERTTILSONMENHART WUNDERLICHLOREECRABTREE .Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights,First LJ of Cupertino, LLC., 10385 Calvert Drive, APN 375-17-027, Resolution No. 10- The property owners of this residential development agree to grant to the City the right to extractwater from the basin under the overlying property. 38 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, FIRST LJ OF CUPERTINO, LLC, 10395 CALVERT DRIVE, APN 375-17-028 WHEREAS, First LJ of Cupertino, LLC, has executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization”, and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of August, 2010 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 39 40 41 42 43 1882118831188411885118861186711869110410 10400 10340 10310 10300 10290 10280 10270 10260 18690 18691 1867010435 10425 10415 10405 10395 10420 10385 10375 10365 10355 10345 10335 1873110325 10315 10305 10295 10330 10320 1867110440 10430 1873918747187551877118781 10350 10390 10380 10370 10360 10270 10280 10290 10408 10416 10424 10432 10440 10448 10456 10464 10472 10400 10300 10310 10320 10330 10340 10350 10360 10480104731048110409 10401 10391 10381 10371 10361 10351 10441 10433 10425 10417 10341 10331 10321 10311 10301 10291 10281 10271 10261 18896 18884 18872 18661 1 8 6 7 1 1866010373 1028210325 10319 10313 1 0 3 0 7 1 0 3 0 1 1029510401 10391 10370 10366 10360 10356 10350 1028310277104081 0 4 0 4 10400 10396 10392 10388 10382 1037610379 10367 10361 10355 10349 10343 10337 10331 1028910285 1027210330 10385 1 8 6 7 1 18661 1866018671 18661 18660 18661 1 8 6 7 1 18660187301874018750187601877018720 187801882018830188401885018860188151886118851188411883118725 18731 10490 10491 10465 10464 10430 10420 10410 10400 10435 10425 10415 10405 10395 10385 10360 10350 10340 10330 10320 10310 10300 10290 102521876310310 10383 1 8 7 8 5 18771 10375 10365 10355 10345 10335 10325 10315 10305 10295 10390 10380 10370 JOHNSONTILSON CALVERTMENHARTWUNDERLICHCRABTREE .Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights,First LJ of Cupertino, LLC., 10395 Calvert Drive, APN 375-17-028, Resolution No. 10- The property owners of this residential development agree to grant to the City the right to extractwater from the basin under the overlying property. 44 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, FIRST LJ OF CUPERTINO, LLC, 10355 CALVERT DRIVE, APN 375-17-024 WHEREAS, First LJ of Cupertino, LLC., has executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization”, and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of August, 2010 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 45 46 47 48 49 10410 10400 10340 10310 10300 10290 10280 10270 10260 10250 18690 18691 1867010435 10425 10415 10405 10395 10420 10385 10375 10365 10355 10345 10335 10230 10240 10325 10315 10305 10295 10330 10320 1867110440 10430 10350 10390 10380 10370 10360 10240 10250 10260 10270 10280 10290 10408 10416 10424 10432 10440 10448 10456 10464 10400 10300 10310 10320 10330 10340 10350 10360 10409 10401 10391 10381 10371 10361 10351 10231 10441 10433 10425 10417 10341 10331 10321 10311 10301 10291 10281 10271 10261 10251 10241 18896 18884 18872 1 8 8 6 0 1 8 8 4 8 1 8 8 3 6 1 8 8 2 4 1881218800187901878018770187601 8 6 7 1 1866010373 1028210325 10319 10313 1 0 3 0 7 1 0 3 0 1 1029510401 10391 10370 10366 10360 10356 10350 10283102771027110265104081 0 4 0 4 10400 10396 10392 10388 10382 1037610379 10367 10361 10355 10349 10343 10337 10331 1028910285 1027210330 10385 1 8 6 7 1 18661 1866018665 18 66 018671 18661 18661 1 8 6 7 1 187301874018750187601877018720 187801882018830188401885018860188151886118851188411883118725 18731 10465 10464 10430 10420 10410 10400 10435 10425 10415 10405 10395 10385 10360 10350 10340 10330 10320 10310 10300 10290 1025210310 10383 1 8 7 8 5 18771 10375 10365 10355 10345 10335 10325 10315 10305 10295 10390 10380 10370 JOHNSONCALVERTTILSONMENHART WUNDERLICHLOREECRABTREE .Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights,First LJ of Cupertino, LLC., 10355 Calvert Drive, APN 375-17-024, Resolution No. 10- The property owners of this residential development agree to grant to the City the right to extractwater from the basin under the overlying property. 50 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING QUITCLAIM DEED AND AUTHORIZATION FOR UNDERGROUND WATER RIGHTS, MADHUKAR GOVINDARAJU AND CHAYA MURTHY GOVINDARAJU, 10140 LOCKWOOD DRIVE, APN 342-14-112 WHEREAS, Madhukar Govindaraju and Chaya Murthy Govindaraju, have executed a “Quitclaim Deed and Authorization”, which is in good and sufficient form, quitclaiming all rights in and authorizing the City of Cupertino, County of Santa Clara, State of California, to extract water from the underground basin, underlying that certain real property situate in the City of Cupertino, more particularly described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit “A”. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said “Quitclaim Deed and Authorization” so tendered; and IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record said “Quitclaim Deed and Authorization”, and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of August, 2010 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 51 52 53 54 55 10231 10240100081001810028100291001910009 1023010115 10110 10120 10160 10152 10144 10128 10120 10129 10143 10110 10130 10140 10150 10160 10190 10171 10185 10225 1022010245 10170 10250 10206 10222 10236 10199 10213 100101002010030 10237 10223 10212 1011622631 10199 10191 1016110151 10141 10131 10132 10168 10180 10196 102512268122673226712266322661226532265122643226412263310026 10007100171002710037 10016 226592266010006 22619226292263922750227142263810256 1014822757227611015710136 10220102301024010255227152273122745226852266922701LOCKWOODPRADO VISTASTEVENS CREEK LEBANON QUEENS OAK SILVER OAKDUBON. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights,Madhukar Govindaraju and Chaya Murthy Govindaraju, 10140 Lockwood Drive, APN 342-14-112, Resolution No. 10- The property owners of this residential development agree to grant to the City the right to extractwater from the basin under the overlying property. 56 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org STAFF REPORT Agenda Item No. 9 Meeting Date: August 3, 2010 Subject Vacate a Portion of City Right of Way on Stevens Canyon Road at 22605 Ricardo Road. Recommended Action Adopt Resolution No. 10-____, expressing the intent to vacate a portion of City right of way on Stevens Canyon Road at 22605 Ricardo Road. Description The owner of the parcel at 22605 Ricardo Road petitioned the City to vacate a portion of the existing Stevens Canyon Road right of way adjacent to his property that is no longer needed for roadway purposes. Harold “Bud” Barclay applied to the City of Cupertino requesting that the City consider vacating a portion of the existing Stevens Canyon Road public road right of way. Once vacated, the area would become part of the Barclay parcel at 22605 Stevens Canyon Road. The resulting Stevens Canyon Road right of way, after the requested vacation, will create a better alignment to the existing roadway. On June 1, 2010, Council adopted a resolution of intention to vacate the aforementioned right of way, the City posted and published appropriate notice of that intention, as well as of and the date, time, and place of the public hearing to consider that intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. On July 20, 2010 the Council considered the above item to Vacate a Portion of City Right of Way on Stevens Canyon Road at 22605 Ricardo Road. During consideration of the item, it was requested by the Council that a five-foot wide pedestrian access easement, along Stevens Canyon Road, be reserved. The staff was directed to re-notice the action to include this pedestrian easement. This action complies with that Council direction. If Council adopts the resolution of intention to vacate the aforementioned right of way, the City will post and publish appropriate notice of that intention, as well as the date, time, and place of the public hearing to consider that intention, pursuant to the provisions of Section 8320 et seq. of the California Streets and Highways Code. If the City Council finds after due consideration of all of the evidence submitted that the right of way described in the notice of hearing is unnecessary for present or prospective street purposes, then it may adopt a resolution vacating that right of way, reserving and excepting there from a public utilities easement and a five-foot wide pedestrian access easement, pursuant to Section 8324 of the California Streets and Highways Code. 57 August 3, 2010 Cupertino City Council Page 2 Adoption of the resolution will authorize the City Clerk to record the executed original resolution in the Office of the Recorder of the County of Santa Clara, at which time the area vacated will no longer be a public street or highway, but will contain a public utilities easement and a pedestrian access easement retained by the City. Sustainability Impact None. Fiscal Impact None. • Prepared by: Glenn Goepfert Reviewed by: Ralph A. Qualls, Jr. Approved for Submission by: David W. Knapp, City Manager Attachments: A- Resolution B - Map 58 RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO EXPRESSING THE INTENT TO VACATE A PORTION OF CITY RIGHT OF WAY ON STEVENS CANYON ROAD AT RICARDO ROAD WHEREAS, Harold “Bud” Barclay made application to the City of Cupertino to vacate right of way on Stevens Canyon Road at 22605 Ricardo Road as shown and described on the attached map and description, both of which are made a part hereof as Exhibit A and Exhibit B; and WHEREAS, the Director of Public Works has determined that there will be no further public need for said right of way if both a public utilities easement over said right of way is reserved, and a five-foot wide pedestrian access easement, along Stevens Canyon Road, is reserved as a condition of the vacation of said road right of way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby expresses its intent to vacate the portion of public road right of way adjacent to the land at 22605 Ricardo Road, as shown and described on the attached map and description. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Cupertino that the City Clerk is hereby directed to publish notice of this resolution and set a date for a public hearing as required by law. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of August 2010, by the following votes: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ City Clerk Mayor, City of Cupertino 59 22525 1094010930 1095010960225712256122551225812256022584226002264022620109501088910875 1090510952109542262122605R IC A R D O STEVENS CANYONB A LB O A MIR A M O N T E .Adopt a resolution expressing the intent to vacate a portion of city right of way onStevens Canyon Road at 22605 Ricardo Road, Resolution No. 10- 60 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org STAFF REPORT Agenda Item No. 10 Meeting Date: August 3, 2010 Subject Request for extensions of a previously approved hotel proposed for 10165 N De Anza Blvd Recommended Action Consider approval of extensions Description EXT-2010-04, EXT-2010-05 and EXT-2010-06 (CONSENT) Dipesh Gupta, Shashi Corporation (for Ebrahim Kaabipour) 10165 North De Anza Boulevard Request for a one year extension of the previously approved Use Permit (U-2008-02), Architectural Site Approval (ASA-2008-07), and Tree Removal (TR-2008-09) to demolish an existing gasoline station/car wash and construct a 5-story, 138-room hotel. Sustainability Impact None Fiscal Impact None Background On January 20, 2009, the City Council approved the project (See Attachment A) to allow the development of a hotel, associated underground parking podium and tree removals. Based on the Ordinance, the Council approval is valid for two years, expiring on January 20, 2011. Due to economic conditions and restrictive financial markets, the applicant, Dipesh Gupta, is requesting a one-year extension of these approvals to January 20, 2012 (See Attachment B). Discussion The Cupertino Municipal Code sections 19.124.100 and 19.134.100 authorize the City Council to extend the project approvals for a maximum of one year, without a public hearing. Therefore, the applicant’s request is being presented to the Council as a consent item. 61 August 3, 2010 Cupertino City Council page 2 Prepared by Colin Jung Reviewed by Gary Chao, Aarti Shrivastava Approved for Submission by: David W. Knapp, City Manager Attachments A. Approval letter, dated January 23,2009 B. Letter from Applicant, dated July 7, 2010 C. Approved Plan Set, dated January 20,2010 62 O N O U 00 b 0 b4 O a N btl O cad cd d a O Oil U U U 0 O N O O U U OU N N Q i U U N aov tiooo N WP4 ob O o Zrv p M 00 N N i N cd b t U o cV Q o U N N U Z O U pN N Z O 00 rp cad a d U r W O O U 1 n m O O O N O N W U N N O O R U O N U c N U cn b0 U N ti A Uj p b O N N W U J O N U U a U O O Un W d W p 0 cd b b Oy U U b O I uj U N a b4l N b U O W Ud b U cy b O J vi O 0 O O c N 0 U I N Z b N N sU U vi O t cd bA Q c 4 U i U cH U U U O O O O O W m crd O a td b p U O fl bA b N 0 O N O 4i N 0 U U 7 O U N 0 p y cd N c N UUr cd UUQ U U c W0 o o o o vn oj V U W t Q 63 rnCGMNtiN0000NNNUHiozWOaUcaOcHWOrUtdjQN4QONUOd4OobANOSONNOU00cdOUWyybVNpHZibyQSUWasaasaaaqNNdUOUUZooUaanUOFHasHHHzOssHUWQUr0c4abNNNOaaoCJadbAQabUoONUNUbUUONNU0O0UC70UUOV7yUUOoZUoaibaN0UNUbAo0U100ONNyUOOQUOaUJNbUAUNUUOnoaboooWWHAAHaaaoNMN 64 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WuWZJa2ZWzZuJZJcCOcCKcCOQF3isl7Ll7rJ1L17UUaiWaaxootia1tii8IoIIQrQoQzJIlitozOzJl24QJuJVUi112yff1ulliIIlQlffLIi1fjIIIillIIIIIIIIIIIIllsrZltiZNQWKCJrtzZOQpOziQJzQrilUzQQJZQf2ILuGJJco1ltlilziIIIIfIIIiislIf1izolliIiiiIII2IIIJIvIfJQUQQiQzJZJl7J11JZGlLKZILOJQJCrLQuJIQZfQILL1U3IJQIrlIIIQJIUirIIZIflI0IIfQWLUgaUrrrtGd04QuzGUJIl0FcWUQU0zWUZOQLamOQLiOZQZ1ic 93 94 95 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org STAFF REPORT Agenda Item No. 11 Meeting Date: August 3, 2010 Subject Appeal of an approved WiMax Antenna at West Valley Presbyterian Church Recommended Action Consider denial of the appeal Description DIR-2010-05 6191 Bollinger Road (375-41-007) Bradley Head for Clearwire/West Valley Presbyterian Church This is an appeal of an approved WiMax Antenna to be concealed in a cupola on the roof top of the church Sustainability Impact None Fiscal Impact None Background On May 27, 2010, the Director of Community Development approved DIR-2010-05 and mailed notices of the Director’s actions to the Planning Commission, City Council and property owners within 1,000 feet radius (365 owners). The approval was subsequently appealed by Norman & Ione Yuen on June 10, 2010 and heard by the Planning Commission on July 27, 2010 after a postponement request by the appellants to accommodate their vacation plans. The Commission reviewed the project, took public testimony and recommended (4-0-1, Giefer absent) that the Council deny the appeal and uphold the Director’s Approval. Project Location The project site is the West Valley Presbyterian Church located at 6191 Bollinger Road, the northeast corner of Bollinger Road and Miller Avenue. The site is surrounded by Hyde Middle School to the 96 August 3, 2010 Cupertino City Council Page 2 north and east, a shopping center to the south, duplexes and single-family residences to the west and more single-family residences to the north. A detailed response to the appeal is provided in the staff report (Attachment B). Discussion Planning Commission Commissioners noted that federal law prohibits the City from making decisions on personal wireless service facilities based on the health/environmental effects of radio frequency energy if it meets federal safety standards, which it does. Review must be limited to project design issues and there are none. One Commissioner asked if the project should be continued to provide noticing to renters and school parents. Another asked why the noticing rules should be changed for just this project and noted that the Commission should be acting on the project in front of them and not considering rule changes at this time. The Commission voted 4-0-1 recommending denial of the appeal per the model resolution with the added suggestion that the City Council consider additional, longer term radio frequency energy monitoring for compliance with federal safety standards. Public Comments The primary concerns and comments expressed by the public are summarized as follows (with staff responses in italics): 1. Noticing for this appeal hearing was inadequate. The City should have notified surrounding renters, Hyde Junior High (principal) and the parents of the children that attend Hyde. Appellants walked their neighborhood and numerous neighbors signed a petition opposing the Clearwire wireless facility (Attachment C). Appellants had insufficient time to prepare case. The church property owner has not been responsive to their communications and they could not contact the Hyde Parents Teachers Association because school is not in session yet. Staff response: Staff follows public noticing rules established by the City. For this particular project, required noticing includes 1,000 foot radius noticing of property owners. Property owners are responsible for notifying their tenants/renters. Notice of the Director’s action went to the Cupertino Union School District office, which is the property owner of Hyde Middle School. School District staff acknowledged receipt of the city mailing but had no comments on the Clearwire facility proposal. School District staff noted they talked to the Hyde Middle School principal, but principals do not make decisions on district-wide matters and the principal will not be commenting on the proposal. It is up to the School District to decide whether it wants to notify school parents or not. The City does not keep a mailing list of school parents. 2. WiMax is a new communications technology and there are concerns about locating them close to residences and schools. Power output is more continuous. Exposure meets FCC exposure limits, but there are worries that Clearwire can increase the power as needed to meet demand. Staff response: According to the Federal Communications Commission the public exposure limit for WiMax (broadband radio) and other cell phone technologies (PCS, Cellular, SMR) is the same: 1.00 mW/cm2. The public limit applies to continuous exposures and is intended to provide a prudent margin of safety for all persons, regardless of age, gender, size or health. The 97 August 3, 2010 Cupertino City Council Page 3 Hammett & Edison report is based on several worst-case assumptions, including the assumption that the facility is operating at full power on all channels and accounting for all other measurable, existing sources of ambient RF emissions. The estimated ground level RF emission exposure is 0.0027 mW/cm2 or 0.27% of the applicable public limit. The applicant’s consultant stated that Clearwire cannot arbitrarily increase power, since it is limited by the type of equipment cabinets and antennas used in the facility. 3. Can the City change its rules and only allow a DAS (Distributed Antenna System) with fiber optics? Staff response: The City’s master plan and ordinance for wireless communications facilities do not prohibit DAS technology, but the City’s rules do not prohibit other communication technologies in favor of DAS. It is not clear whether the City has a right to dictate what type of equipment a wireless carrier uses. 4. Numerous concerns with the health effects of WiMax energy. Facility should be located elsewhere, like the hills or near the freeway, not near residences or schools. Staff response: See the response to item no. 2. Clearwire is entitling a new network of facilities in Cupertino and the San Francisco Bay Area, much like what every other wireless carrier has done. The City has already approved a half dozen Clearwire facilities scattered all over the City. 5. Wireless communications technology is too new. Effects are not well-studied or are inconclusive. More research should be done before City decides to approve such facilities. Staff response: See the response to item no. 2. 6. Why is the City considering this application when it has denied applications near schools before? Staff response: The City has not denied a wireless communications facility near a school when the facility met federal safety standards and design standards. A microcell was recently approved on North Blaney Avenue near an elementary school. A facility was approved at Monta Vista High School before the school district decided not to pursue a land lease with the wireless carrier. Three additional proposals have been cited in Monta Vista: one on Imperial Avenue was approved and built and two others were withdrawn by their applicants. Other Staff Comments Staff requests that the City Council consider placing additional monitoring requirements on this approval to address resident concerns. Presently, the approval requires testing of exposure levels to radio frequency energy after construction and before full operation of the facility. The Council may want to consider requiring additional third party RF monitoring that is paid for by the applicant for two more years. Prepared by Colin Jung Reviewed by Gary Chao, Aarti Shrivastava Approved for Submission by David W. Knapp, City Manager Attachments 98 August 3, 2010 Cupertino City Council Page 2 A. Planning Commission Resolution No. 6602 B. Planning Commission Staff Report, dated July 27, 2010 C. Petition from Appellant D. email from Wenjie Li, dated July 23, 2010 99 DIR-2010-05 ATTACHMENT A CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6602 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL OF AN APPEAL OF A DIRECTOR’S MINOR MODIFICATION ALLOWING A PERSONAL WIRELESS SERVICE FACILITY ON THE ROOF OF AN EXISTING CHURCH, CONSISTING OF THREE PANEL ANTENNAS AND THREE MICROWAVE DISH ANTENNAS SCREENED BY A FAUX CUPOLA AND A BASE EQUIPMENT ENCLOSURE AT 6191 BOLLINGER ROAD SECTION I: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an appeal of a Director’s Minor Modification application, file no. DIR-2010-05, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the project changes are deemed minor in nature; and WHEREAS, the faux cupola is compatible with the design of the church, in that the architectural feature is common and compatible to the overall church design; is not disproportion in size compared to the church; and uses building materials that are consistent with the church’s building materials; and WHEREAS, the personal wireless service facility is not located in an inappropriate location, in that the facility meets federal safety limits for radio frequency energy exposure for onsite and nearby land uses, such as a school; and that the facility is sited in an appropriate location and designed in accordance with the City’s Wireless Master Plan and Wireless Communications Facilities Ordinance; and WHEREAS, the methodology to calculate radio frequency power density is not wrong as it uses the equation prescribed by the Federal Communications Commission, the agency that promulgates the rules that regulates radio frequency energy exposure. 100 2 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, the appeal of Director’s Minor Modification, file no. DIR2010-05 is hereby recommended for denial; and That the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the public hearing record concerning Application No. DIR-2010- 05 as set forth in the Minutes of the Planning Commission Meeting of July 27, 2010, and are incorporated by reference as though fully set forth herein. SECTION II: PROJECT DESCRIPTION Application No.: DIR-2010-05 (appeal) Applicant: Bradley Head, NSA Wireless for Clearwire Property Owner: West Valley Presbyterian Church Location: 6191 Bollinger Road SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Director’s Minor Modification Approval Memorandum, file no. DIR-2010-05 with attachments A through D dated May 27, 2010. 2. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. 3. ABANDONMENT If after installation, the aerial is not used for its permitted purpose for a continuous period of 18 months, said antennae and associated facilities shall be removed. The applicant shall bear the entire cost of demolition and removal. 4. EXPIRATION DATE This Director’s Minor Modification shall expire ten (10) years after the effective date of the permit. The applicant may apply for a renewal of the minor modification at which time the Director of Community Development may review the state of wireless 101 3 communication and camouflage technologies to determine if the visual impact of the personal wireless facility can be reduced. 5. POST-CONSTRUCTION RADIO FREQUENCY ENERGY EXPOSURE TESTING Prior to the commercial operation of this facility, the applicant shall submit a field test report on the radio frequency energy emissions to the Director of Community Development confirming that public exposures to generated radio frequency energy (measured at full power) complies with federal safety standards at ground level and nearest residential property line (measured at second floor level). 6. DISCLOSURE OF PRESENCE OF PERSONAL WIRELESS SERVICE FACILITY Upon construction of the project, the property owner shall disclose the presence of personal wireless service facility to users and expected users of the school operations and provide a copy of such notice to the Director of Community Development. PASSED AND ADOPTED this 27th day of July 2010, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Chairperson Brophy, Vice Chair Lee, Kaneda, Miller NOES: COMMISSIONERS: none ABSTAIN: COMMISSIONERS: none ABSENT: COMMISSIONERS: Giefer ATTEST: APPROVED: /s/Aarti Shrivastava /s/Paul Brophy Aarti Shrivastava Paul Brophy, Chair Director of Community Development Cupertino Planning Commission g:/planning/pdreport/res/2010/DIR-2010-05 res APPEAL.doc 102 OFFICE OF COMMLrNITY DEVELOPMENT CTTY HALL 10300 TORRE AVENIJE CUPERTINO CA 950143255 u P 408 7773308 FAX 408 7773333 plannulgOcupertinoorg PLANNING COMMISSION STAFF REPORT Agenda Item No Agenda Date Tuly 27 2010 Application DIR201005 Applicant Bradley Head NSA Wireles for Clearwire Appellant Norman Ione Yuen Application Summary Appeal of a DirectorsMinor Modification decision to allow the installation of a personal wireless service i acility on the roof of an existing church consisting of three panel antennas and thre microwave dish antennas screened by a faux cupola and a base equipment enclostre at 6191 Bollinger Road RECOMMENDATION Staff recommends that the Commission uholdthe Directors decision Attachment 1 BACKGROUND On May 27 2010 the Director of Community Development approved a Directors Minor Modification to allow a Clearwire ersonal wireless service facility on the roof of the West Valley Presbyterian Church located at 6191 Bollinger Road Attachment 2 The Planning Commissioners Council mEmbers and property owners within 1000 feet of the project property 365 residents were mailed notices of the Directors action An appeal was filed on July 10 2010 by Mrs Yuen residing at 6352 Myrtlewood Drive Attachment 3 The Commission hearing was originally scheduled for a midJuly date but was postponed to July 27 to accommodate the appellantsvacation plans DISCUSSION The appellants appeal is based on the following points staff responses to each of the points are in italics 1 The cuola design coverin the antenna is visually awkward Staff examined three design aspects that rnay create a visually awkward church design Compatibility with the church architcture The cupola is a common architectural fea ure of churches Often they are elaborate indesignandsizeandarethedominantarciiitecturalelementofthechurchInthecaseof the West Valley Presbyterian Church the building design is relatively simple and the dominant 11 103 DIR2010OS July 27 2010 6191 Bollinger Road Page 2 architectural feature is the large and expansive roof The new cupola has been designed to be compatible with the architecture of the chcrch Proportion to the church structure The proposed cupola is sized to accommocate the screening of the antennas The cupola element overlaps with the roof but adds 89 to the height of the church about a 16 increase The cupola is not disproportiorate in size see Attachrnent 2 photo simulation compared to the rest of the church structure Compatibility of materials and color The proposed cupola uses building materials and colors that match the materials and colors of the church The faux brick base matches the brick buttresses of the church The white cupola columns and frim matches the tririand siding of the church The roofing materials of the proposed cupola and church will mttch in material and color See photo simulation in Attachment 2 2 The residential placement of the prop sed Wimax antenna is inapropriate next to a middle school The appellant provided two emails with links to numerous websites that contain information that may or may not pertain to the project Attachment 4 One weblink discussed a San Francisco law requiring cellular Telephone Specific Absorption Rate SAR disclosures on cell phones Other websites display international efforts urging precaution in the use and expansion of wireless techrologies Another link talks about the City of Huntington Beach relocating a wireless fitcility on City property that was near a school after public outcry and an Oregon school board decides not to renew a cell site lease WiMAX is defzned in Attachment 5 It i basically a telecommunications protocol that provides fixed and fully mobile internet acess Cupertino follows US law in regulating personal wireless service facilities Cell phone technology mainly wireless Personal Cornmunications Services PCS and WiMAX Broadband Radio wireless service have ihe same public exposure limit promulgated by the Federal Communications Commission FC which is 100 milliwatt per centimeter squared mWcmz The limit applies to continuocs exposures and is intended to provide a prudent margin of safety for all persons regardles ofage gender size or health The Hammett and Edison report states that the maximum anbient radio frequency energy exposure at ground level due to the Clearzuire facility including the microwave antennas contribution is calculated to be 00027mWcm which i 027 of the applicable public limit Attachment 2 Federal law the 1996 Telecommunicatior s Act Section 704 subsection 7D states No state or local governmental entity mzy regulate the placement construction or modification of personal wireless service jcilitieson the basis of environmental effects of radio frequency emissions to the extent that such emissions comply with FCC regulations 12 104 DIR2010OS July 27 2010 6191 Bollinger Road Page 3 The demand for wireless communications technologies continues to rapidly expand among our mobile high technology population everal years ago the City Council recognized the lack of adequate wireless communications coverage as a public safety issue which is reinforced by a recent letter from the Santa Clara County Sheriffs Office Attachment 6 Through the Wireless Facilities Master Pan and Wireless Communications Facilities Ordinance CMC Section 19108 the Ci ty strives fo provide adequate wireless communications coverage in a manner thzt is in compliance with federal law and mitigates potentially visually intrusive effects of wireless infrastructure To cover largely residential areas of Cupertino the Master Plan prefe s public properties churches schools and existing utility poles and towers to mount wireles antennas The proposed Clearwire facility is consistntwith the Citys Master Plan and Ordinance Conditions were added to the approval thit duplicated what the Planning Commission required for the recently approved Clearuire facility on the Church of the Nazarene located on McClellan Road The required conditicros include postconstruction confirmation of radio frequency emission and the disclosure of ihe personal wireless service facility to the churchschool users See Attachment 1 3 The radio frequency study provided ky the project is erroneous The equation to calculate power density izthe Hammett Edison Inc radio frequency assessment is the same one recommended for use by the FCC Office of Engineering Technology in its Bulletin No 65 A radio frequency engineer from the Harr mett F Edison firm will be available at the hearing to answer any questions regarding the prject OTHER MISCELLANEOUS CONCERN S The appellant also expressed concerns that the principal of Hyde Junior High and the pertinent parent teacher association have 1ot been properly made aware of the project It should be noted that the City has satisfid the legal noticing requirements for the project 1000 feet notice per the Ordinanc In addition the Cupertino Union School District has confirmed that the appropriate project notices were received The school district however has not expressed any comments or positions on the project 13 105 DIR2010OS July 27 2010 6191 Bollinger Road Page 4 Prepared by Colin Jung AICP Senior Plnner Reviewed by Approved by f G iao arti Shrivastava City Planner Community Development Director ATTACHMENTS Attachment 1 Model Resolution Attachment 2 Directors Minor Modification Memorandum dated May 27 2010 Attachment 3 AppellentsAppeal Form ated June 10 2010 Attachment 4 Emails from appellents da ted 6 15 10 and 6 23 10 Attachment 5 WiMAX definition Attachment 6 Letter from the County Sheriffs Office dated June 23 2010 Attachment 7 Emails from concerned reidents GplanningpdreportAppeals2010DIR20100iappealdoc 14 106 Attachment 1 CITY OF CUPERTINO 10300 Trre Avenue Cupertino alifornia 95014 RESOLJTION NO OF THE PLANNING COMMIS ION OF THE CITY OF CUPERTINO RECOMMENDING DENIAL CF AN APPEAL OF A DIRECTORS MINOR MODIFICATION ALL OWING A PERSONAL WIRELESS SERVICE FACILITY ON THE IOOFOF AN EXISTING CHURCH CONSISTING OF THREE PANEL A NTENNAS AND THREE MICROWAVE DISH ANTENNAS SCREENED BY A F AUX CUPOLA AND A BASE EQUIPMENT ENCLOSURE AT 691 BOLLINGER ROAD SECTION I FINDINGS WHEREAS the Planning Commission of he City of Cupertino received an appeal of a Directors Minor Modification application file no DIR201005 as described in Section II of this Resolution and WHEREAS the necessary public notices hae been given in accordance with the Procedural Ordinance of the City of Cupertino and tlie Planning Commission has held one or more public hearings on this matter and WHEREAS the project changes are deemed minor in nature and WHEREAS the faux cupola is compatible with the design of the church in that the architectural feature is common and conlpatible to the overall church design is not disproportion in size compared to the church and uses building materials that are consistent with the churchs building materials and WHEREAS the personal wireless service facility is not located in an inappropriate location in that the facility meets federal safety limits for radio frequency energy exposure for onsite and nearby land uses such as a school and hat the facility is sited in an appropriate location and designed in accordance with the Citys Wireless Master Plan and Wireless Communications Facilities Ordinance and WHEREAS the methodology to calculate ridio frequency power density is not wrong as it uses the equation prescribed by the Federal Communications Commission the agency that promulgates the rules that regulates radio fr quency energy exposure 15 107 NOW THEREFORE BE IT RESOLVED That after careful consideration of maps facts exhibits testimony and other evidence submitted in this matter the appeal of Dirfctors Minor Modification file no DIR201005 is hereby recommended for denial and That the subconclusions upon which the fin3ings and conditions specified in this resolution are based and contained in the public hearvig record concerning Application No DIR2010 05 as set forth in the Minutes of the Planning Commission Meeting of July 27 2010 and are incorporated by reference as though fully set forth herein SECTION II PROTECT DESCRIPTION Application No DIR201005 appeal Applicant Bradley Head NSA Wir less for Clearwire Property Owner West Valley PresbyterialChurch Location 6191 Bollinger Road SECTION III CONDITIONS ADMINISTERD BY THE COMMUNITY DEVELOPMENT DEPT 1 APPROVED EXHIBITS DirectorsMinor Modification Approal Memorandum file no DIR201005 with attachments A through D dated May 7 2010 2 NOTICE OF FEES DEDICATIONS RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approvlset forth herein may include certain fees dedication requirements reservation requirements and other exactions Pursuant to Government Code Section 66020d these Conditions constitute written notice of a statement of the amount of such fees and a description of the dedications reservations and other exactions ou are hereby further notified that the 90day approval period in which you may rotest these fees dedications reservations andotherexactionspursuanttoGovernnentCodeSection66020ahasbegunIfyoufail to file a protest within this 90day priod complying with all of the requirements of Section 66020 you will be legally barred from later challenging such exactions 3 ABANDONMENT If after installation the aerial is not used for its permitted purpose for a continuous period of 18 months said antennae and associated facilities shall be removed The applicant shall bear the entire cost of iemolition and removal 4 EXPIRATION DATE This Directors Minor Modification srall expire ten 10 years after the effective date of the permit The applicant may apply for a renewal of the minor modification at which time the Director of Community Levelopment may review the state of wireless 2 6 108 communication and camouflage techrtologies to determine if the visual impact of the personal wireless facility can be reduc d 5 POSTCONSTRUCTION RADIO FREUENCY ENERGY EXPOSURE TESTING Prior to the commercial operation of tZis facility the applicant shall submit a field test report on the radio frequency enegy emissions to the Director of Community Development confirming that public exposures to generated radio frequency energy measured at full power complies wth federal safety standards at ground level and nearest residential property line meaured at second floor level 6 DISCLOSURE OF PRESENCE OF PEFSONAL WIRELESS SERVICE FACILITY Upon construction of the project thf property owner shall disclose the presence of personal wireless service facility to uers and expected users of the school operations and provide a copy of such notice to tie Director of Community Development PASSED AND ADOPTED this 27th day of uly 2010 at a Regular Meeting of the Planning Commission of the City of Cupertino State oE California by the following roll call vote AYES COMMISSIONERS NOES COMMISSIONERS ABSTAIN COMMISSIONERS ABSENT COMMISSIONERS ATTEST APPROVED Aarti Shrivastava Paul Brophy Chair Director of Community Development Cupertino Planning Commission gplanningpdreportres2010DIR201005resAPPEALdoc 3 I7 109 pttachment 2 CITY OF UPERTINO 10300 Torre Avenue Cupertin California 95014 408 7773308 To Mayor and City Council Members Chairperson and Planning Commiss oners From Aarti Shrivastava Director of Community Development Prepared by Colin Jung Senior Plarner Date May 27 2010 Subject DirectorsMinor Modification DIR01005 to allow the installation of a personal wireless service facility on the rocf of an existing church consisting of threepanelantennasandthreemicrowavedishesscreenedbyafauxcupolaandagroundlevelequipmentcabinetat6191BollingerRoad Chapter 19132 of the Cupertino Mitnicipal Code allows for administrativeapprovalofminorchangesinaprojecTheDirectorreportshisdecisiontothe City Council Planning Commission nd property owners within 1000 feet toaffordinterestedpartiestimetoappEalthedecisionwithinfourteencalendar days BACKGROUND The applicant Bradley Head of NSA Wireless representing Clearwire is proposing to install apersonalwirelessservicefacilityontherooftooftheWestValleyPresbyterianChurchat6191BollingerRoadThepersonalwirelessserviceacilityconsistsofthreepanelantennasandthreerooftopmicrowavedishesmountedontherocfandanequipmentcabinetlocatedinanenclosureatgroundlevelClearwireisasubsdiaryofSprintNextelthatwillprovideSprints 4G 4 generation technology DISCUSSION ScreeningVisiblerooftop equipment must be screened Erom public street view The equipment has beenenclosedinafauxcupolaconstructedofradiotransparentmaterialsthatdonotinterferewith the radio signals Attachment A The fau cupola has been designed to complement thedesignofthechurchmatchingtheroofmaterialsandthebrickcolumnsatgradeenhancingthe appearance of the church Radio Frequency Energy RFE AssessmEntAnRFEassessmentwascommissionedbythEapplicant to evaluate the RFE exposure from the personal wireless service facility against national safety standards The study concluded that the potential exposure from RFE at ground 1EVe1 and from the second floor elevation of any 18 110 DIR201005 6191 Bollinger Road Page 2 nearby building are well below federal safety standards respectively 027 and 014 of the applicable public limit see Attachment B Technology Information and Communicatioris Commission TICC ReviewTheCupertinoTechnologyTnformationandCommunicationsCommission TICC reviewedtheproposalandcommentedthatthepropcsedfacilitywillprovideadequatecoveragetonearbyresidentsworkersandbusinessesTCCdidnothaveanyconcernsaboutthevisualeffectsorRFEoftheantennasAttachmentC ACTION The Director of Community Development deens the modification minor and approves thewirelessfacilitywiththefollowingconditionsfapprovalStatelawrequiresamnimum10 year permit for personal wireless service facilities 1 APPROVED EXHIBITSApprovalisbasedonExhibits titled CAJC0140B6191 Bollinger RoadCupertino CA95014preparedbyCDGConnellDesigniroupLLCdated030410andconsistingoffoursheetslabeledT1A1A2andA3excptasmaybeamendedbytheconditions contained in this resolution 2 NOTICE OF FEES DEDICATIONS RESEIVATIONS OR OTHER EXACTIONSTheConditionsofProjectApprovalsetforthhereinmayincludecertainfees dedication requirements reservation requirements and other exactions Pursuant to Government Code Section 66020d 1 these Conditions constitute written notice of a statement of theamountofsuchfeesandadescriptionofhededicationsreservationsandotherexactionsYouareherebyfurthernotifiedthatthe90dayapprovalperiodinwhichyoumayprotestthesefeesdedicationsreservationsandotherexactionspursuanttoGovernmentCodeSection66020ahasbegunIfyoufailtofileaprotestwithinthis90dayperiodcomplyingwithalloftherequirementsofSectior66020youwillbelegallybarredfromlater challenging such exactions 3 ABANDONMENTIfafterinstallation the aerial is not used Eor its permitted purpose for a continuous periodof18monthssaidantennaeandassociatEdfacilitiesshallberemovedTheapplicantshall bear the entire cost of demolition and remval 4 EXPIRATION DATEThisDirectorsMinor Modification shall xpire ten 10 years after the effective date of thepermitTheapplicantmayapplyforarenewaloftheminormodificationatwhichtimetheDirectorofCommunityDevelopmentmayreviewthestateofwirelesscommunicationandcamouflagetechnologiestodetermineifthevisualimpactofthepersonalwirelessfacility can be reduced 6 POSTCONSTRUCTIONRADIO FREQUF NCY ENERGY EXPOSURE TESTING Prior to the commercial operation of ths facility the applicant shall submit a field testreportontheradiofrequencyenergyemissionstotheDirectorofCommunityDevelopmentconfirmingthatpublicexposurestogereratedradiofrequencyenergymeasuredatfull I9 111 DIR201005 6191 Bollinger Road Page 3 power complies with federal safety stardards at ground level and nearest residentialpropertylinemeasuredatsecondfloorlevl 7 DISCLOSURE OFPRESENCE OF PERSON AL WIRELESS SERVICE FACILITY Upon construction of the project the propety owner shall disclose the presence ofpersonalwirelessservicefacilitytousersndexpectedusersoftheschooloperations andprovideacopyofsuchnoticetotheDirectcrofCommunity Development This Directors approval is effective May 27 2010 The fourteen calendar day appeal period will expire on june 10 2010 Enclosures Attachment A Photosimulation Attachment B Statement of Hammett EdiscnInc Consulting Engineers on compliance with FCC standards for RFE exposure for the Clearwire LLC Proposed Base Station Site No CASJC0140F6191 Bollinger Road Cupertino California Attachment C Emails from TICC Commissior iers Attachment D Plan Set OTiAttachments are available in the Planning De artment file and may be viewed at the CityswebsiteatwwwcuertinoorSelectthelintoPublicRecordsandselectfilenumberDIR 201005 110 112 KyG4 K ta i1 5 r s 4Tiao iL t1 Eil 1 j I yt t r 4atiYrtiSts tr1setnxyRV 5 ytR1r41lIIai1b4 as r tiii iIfRirty 1 sFJ1J5 r St jR Y 1tZv alhdAi i Sr wiYtirt syts h r tN4AJfY1b5ra xt h 1 rX 44 d 7Y h ftiw trvvMrftKt5rISTa6RiYt7Fxls11V2 rwnry si 1 Trr Mit su tn ii F Kri 1 riPr11 wtjyjtr iiry3t f Kryrw7j1fVle tfi Msfy1JtYrVp7AlL3lYCtd1t1 t iSl y 1 d t s l afrirt b4 kr1 t6 rQfi5wn71p itdlitttI s a ij y T ri1g 1kYS4F111YzAtjroFT31REiYEdfiPkfdWSywksrrifiskl5ay T mrif3Si3a h rR W iRr3eLYryyw clear West Valley Presbyterian Church Site CASJC0140B Looking Southeast from Miller Avenue 6191 Boliinger Road 5f2010 CupEltlflo CA 95014 1 Applied Imagination 5109i40500 113 ti1CLIera srF 4 IIGrCat1aCIrirt1ys y J f t J 1 iy J F c Y rALytaCtrirY jkarYljXxynIZt1IL t ft4iVY F T 7 C e 7 y j y j 5 rY rr q @ty1fw53i MtYi1IY r Y1Jyf sYiyLAY k xU ifirjnjTtretAAyhiy 7r r yj rffi tr1 1 k7 ri Y wYJif I t 1 N f ereai ailst wmavc 1 SEr w wifra y tweMt wl1wwe p aWj2wrc r r y y tttPii 1 7t fP e n 0f7 N 4 S PL t 4y it a1 f iz J Y y Ytrr itilTSyr r 1iMi I L iilY ilMiT1fis7Cjfikj5if T X a TlJrM1wYrl6rVht jK1 y u h rytj7 Yy bJt d 1 V MtjA y 7 w c R JrJg N J f frr st rw1yYYawKkir JSr vti d g vpwrg1 i7I3X r7ifiYXfsrirI s ft 4 L i FRirr i 1 Ir44ri2 rratrwi16i1l1nJA 1 V f irs k r clear West Valley Presbyterian Church Site CASJC0140B Looking Northwest from Boliinger Road 6191 Bollinger Road 52010 Cupertino CA 95014 1 2 Applied imagination 510 9140500 114 Clearwire LLC Proposed Lase Station Site No CASJC0140B 6191 Bollinger Rcad Cupertino California Statement of Hammett Edison Inc Consulting Engineers The firm of Hammett Edison Inc Consult ng Engineers has been retained on behalf of Clearwire LLC a personal wireless service provider o evaluate the base station Site No CASJC0140Bproposedtobelocatedat6191BollingerRoadinCupertinoCaliforniaforcompliancewithappropriateguidelineslimitinghumanexposuetoradiofrequencyRFelectromagneticfields Prevailing 1xposure Standards The US Congress requires that the Federal Communications Commission FCC evaluate its actions for possible significant impact on th environment In Docket 9362 effective October 15 1997 the FCC adopted the human exposure J imits for field strength and power density recommendedinReportNo86BiologicalEffectsandExposureCriteriaforRadiofrequencyElectromagneticFieldspublishedin1986bytheCongressioiallycharteredNationalCouncilonRadiationProtectionandMeasurementsNCRPSeparatelimisapplyforoccupationalandpublicexposureconditionswiththelatterlimitsgenerallyfivetimesmorerestrictiveThemorerecentstandarddevelopedbytheInstituteofElectricalandElectronicsEnineersandapprovedasAmericanNationalStandard ANSIIEEE C9512006 Safety Levels vith Respect to Human Exposure to Radio Frequency Electromagnetic Fields 3 kHz to 300 GHz includes similar exposure limits A summary of the FCCs exposure limits is shown in Figure These limits apply for continuous exposures and are intended to provide a prudent margin of sfety for all persons regardless of age gender size or health The most restrictive FCC limit for exposures of unlimited duration to radio frequency energy for several personal wireless services are as follcws Personal Wireless Service A rox Fre uenc Occu ational Limit Public Limit Broadband Radio BRS 2600 MHz 500 mWcm 100 mWcm Advanced Wireless AWS 2100 500 100 Personal Communication PC5 1950 500 100 Cellular Telephone 870 290 058 Specialized Mobile Radio SNIR 855 285 057 Long Term Evolution LTE 700 233 047 most restrictive frequency range 30300 100 020 General 1acilityRequirements Base stations typically consist of two distintparts the electronic transceivers also called radios ozchannelsthatareconnectedtothetraditionalwiredtelephonelinesandthepassiveantennasthatsendthewirelesssignalscreatedbytheraCiosouttobereceivedbyindividualsubscriberunitsThetransceiversareoftenlocatedatgroundlfvelandareconnectedtotheantennasbycoaxialcables HAMMETT EDISON INC P Or Q CW0140B5961 CONSULTING ENGINEERS A i s h Page 1 of 4 SAN FRANCISCO R d7 0 a 61 m u aj fV FJ rIJ v115 Clearwire LLC Proposed Etase Station Site No CASJC0140B 6191 Bollinger Rcad Cupertino California about 1 inch thick Because of the short wavelength of the frequencies assigned by the FCC for wireless services the antennas require lineof sight paths for their signals to propagate well and so are installed at some height above ground The antennas are designed to concentrate their energy toward the horizon with very little energy wasted tovard the sky or the ground Along with the low power of such facilities this means that it is generall not possible for exposure conditions to approach the mimum permissible exposure limits withou being physically very near the antennas Compute Modeling Method The FCC provides direction for determining rompliancein its Office of Engineering and Technology Bulletin No 65 Evaluating Compliance with FCCSpecified Guidelines for Human Exposure to Radio Frequency Radiation dated August 1997 Figure 2 attached describes the calculation methodologies reflecting the facts that a directional antennas radiation pattern is not fully formed at locations very close by the nearfield effe t and that at greater distances the power level from an energy source decreases with the square of the distance from it the inverse square law The conservative nature of this method for evaluting exposure conditions has been verified by numerous field tests Site and 1acility Description Based upon information provided by Clearwire including drawings by Connell Design Group LLC dated July 28 2009 it is proposed to mount three Kathrein Model 84010054 directional panel BRS antennas within a view screen enclosure to be constructed on the highly peaked roof of the West Valley Presbyterian Church located at 6191 Bollinger Road in Cupertino The antennas would be mounted with 2 downtilt at an effective heiht of about 59 feet above ground and would be oriented at about 120 spacing to provide service in ill directions The maximum effective radiated power in any direction would be 1260 watts Also proposed to be mounted within the enclosure are three microwave dish antennas for interconnection of this site with others in the Clearwire network There are reported no other wireless telecomnunications base stations installed nearby Siudy Results For a person anywhere at ground near the site the mimum ambient RF exposure level due to the proposed Clearwire operation including the contributions of the microwave antennas is calculated to be 00027 mWcm which is 027 of the pplicable public limit The maximum calculated level at the secondfloor elevation of any nearby building is 014 of the applicable public limit It should be noted that these results include several vorstcase assumptions and therefore are expected to Located at least 90 feet away based on aerial photgraphs from Google Maps HAMMETT EDISON INC p5 CW0140B5961 CONSULTING ENGINEERS t esvFxnrrcsm Page 2 of 4 d 7D s 1 E116 Clearwire LLC Proposed Ease Station Site No CASJC0140B 6191 Bollinger Rcad Cupertino California overstate actual power density levels Levels may exceed the public limit on the roof of the building in front of the enclosure very near the antennas Recommended Mitigation Measures Due to their mounting locations the ClearwirE antennas would not be accessible to the general public and so no mitigation measures are necessar to comply with the FCC public exposure guidelines To prevent occupational exposures in excess cf the FCC guidelines no access within 2 feet directly in front of the antennas themselves such as miht occur during maintenance work on the enclosure or the top of the roof should be allowed while te base station is in operation unless other measures can be demonstrated to ensure that occupational protection requirements are met Posting explanatory warning signst on the screens in front of thE antennas such that the signs would be readily visible from any angle of approach to persons wh might need to work within that distance would be sufficient to meet FCCadopted guidelines C onclusion Based on the information and analysis above it is the undersigneds professional opinion that the base station proposed by Clearwire LLC at 6191 FollingerRoad in Cupertino California will comply with the prevailing standards for limiting public exposure to radio frequency energy and therefore will not for this reason cause a significant impact on the environment The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration This finding is consistent with measurement of actual exposure conditions taken at other operating base stations Posting of explanatory signs is recommended to establish compliance with occupational exposure limitations fi Warning signs should comply with OET65 colo symbol and content recommendations Contact informationshouldbeprovidedegatelephonenumbertoarangeforaccesstorestrictedareasTheselectionoflanguagesisnotanengineeringmatterandguidancefrorrthelandlordlocalzoningorhealthauthorityorappropriate professionals may be required HAMMETT EDISON INC P IC cz0 C UJ CW0140B5961 CONSULTINGENGINEERS a R e 6 suv nivcsco m a o Page 3 of 4 e 4 qJ y R P u t 117 Clearwire LLC Proposed E3ase Station Site No CASJC0140B 6191 Boilinger Rcad Cupertino California A uthorship The undersigned author of this statement i a qualified Professional Engineer holding CaliforniaRegistrationNosE13026andM20676whichexpireonJune302011Thisworkhasbeencarriedoutunderhisdirectionandallstatementsaretrueandcorrectofhisownknowledgeexceptwhere noted when data has been supplied by others which data he believes to be correct EQFf Ei3Q26 M William F H tt PE December 22 2009 E 3211 t v cpV HAMMETT EDISON INC iD oro 5 CW0140B5961 CONSULTING ENGINEERS a fG j z Page 4 of 4SANFRANCISCOcma 4c rcaa118 FCC Radio Frecuency Protection Guide The US Congress required 1996 Telecom ct the Federal Communications Commission FCCtoadoptanationwidehumanexposurestandardtoensurethatitslicenseesdonotcumulativelyhaveasignificantimpactontheenvironmentTheFCCadoptedthelimitsfromReportNo86BiologicalEffectsandExposureCriteriaforRadiofrequencyElectromagneticFieldspublishedin1986bytheCongressionallycharteredNationalCouncilonRadiationProtectionandMeasurementsNCRPSeparatelunitsapplyforoccupationalandpublicexposureconditionswiththelatterlimitsgenerallyfivetimesmorerestrictiveThemorerecentstandarddevelopedbytheInstituteofElectricalandElectronicsEngineersandapprovedasAmericanNationalStandardANSIIEEEC9512006SafetyLevelswithRespecttoHumanExposuretvRadioFrequencyElectromagneticFields3kHzto300GHzincludessimilarlimitsTheseliritsapplyforcontinuousexposuresfromallsourcesandareintendedtoprovideaprudentmarginofafetyforallpersonsregardlessofagegendersizeor health As shown in the table and chart below sepirate limits apply for occupational and public exposureconditionswiththelatterlimitsinitalicsancVordasheduptofivetunesmorerestrictive Frecuency Electromanetic Fields f is freuency of emission in MHz Applicable Electric Magnetic Equivalent FarField Range Field StrengtY Field Strength Power Density MHz Vm ATn mWcm 03 134 614 61 163 1 63 100 100 134 30 614 8233f 163 219f 100 180f 30 30 1842 f 823 4f 489f 219f 900 f 180 30 300 614 27 5 0163 00729 10 02 300 1500 354f 159ff f106 ff238 f300 fIS00 1500 100000 137 614 0364 0163 50 10 1000 Occupational Exposure 100 PCS 10 FM Cell U Q Q 1 I 1 Public Ex osue 01 1 0 100 10 10 10 Frequency MHz Higher levels are allowed for short periods o E time such that totalexposure levels averaged over six orthirtyminutesforoccupationalorpublicsettingsrespectivelydonotexceedthelimitsandhigherlevelsalsoareallowedforexposurestosniallareassuchthatthespatiallyaveragedlevelsdonotexceedthelimitsHoweverneitheroftheseallowancesisincorporatedintheconservativecalculationformulasintheFCCOfficeofEngineervigandTechnologyBulletinNo65August1997for projecting field levels Hammett Edison has built those formulas into a proprietary program that calculates at each location on an arbitrary rEctangular grid the total expected power density from anynumberofindividualradiosourcesTheprogramallowsforthedescriptionofbuildingsanduneven tenain if required to obtain more accurate pojections HAMMETT EDISON ING 00 FCC Guidelines CONSULTING ENGINEERS E sarrFxnNCsco 7o Figure 1 e9 iW ia119 RFRCALC Calculation Methodology Assessment by Calculation of Cmpliancewith FCC Exposure Guidelines The US Congress required 1996 Telecom Atthe Federal Communications Commission FCC toadoptanationwidehumanexposurestandardtoensurethatitslicenseesdonotcumulativelyhavea significant impact on the environment The maximum permissible exposure limits adopted by the FCCseeFigure1applyforcontinuousexposurefromallsourcesandareintendedtoprovideaprudentmarginofsafetyforallpersonsregardlessofgegendersizeorhealthHigherlevelsareallowedforshortperiodsoftimesuchthattotalexpsurelevelsaveragedoversixorthirtyminutesfor occupational or public settings respectively co not exceed the limits Near Field Prediction methods have been developed fr the near field zone of panel directional and whip omnidirectional antennas typical at wirelss telecommunications base stations as well as dishapertureantennastypicallyusedformicrovavelinksTheantennapatternsazenotfullyformedinthenearfieldattheseantennasandtheFCCOfficeofEngineeringandTechnologyBulletinNo65 August 1997 gives suitable formulas for calulating power density within such zones 180 01 x Pnet mw 2Forapanelorwhipantennapowerdensityse x n x D x hBw O1x16xxPnet mW 2andforanaperlureantennamaximumpowerdensitysnxh where AgW halfpower beamwidtb of the antenna in degrees and Pnet net power input to the antenna in watts D distance from antenna in meters h aperture height of the ntenna in meters and r aperture efficiency uiitlesstypically 0508 The factor of 01 in the numerators converts o the desired units of power density Far Field OET 65 gives this formula for calculating poer density in the far field of an individual RF source 256 164 x 100 x RFF x ERPpowerdensityS2 mW24xrcxD where ERP total ERP all polarizatioisin kilowatts RFF relative field factor at the direction to the actual point of calculation and D distance from the center of radiation to the point of calculation in meters The factor of 256 accounts for the increase in power density due to ground reflection assuming a reflection coefficient of 16 16 x 16 2Sei The factor of 164 is the gain of a halfwave dipole relative to an isotropic radiator The factor f 100 in the numerator converts to the desired units ofpowerdensityThisformulahasbeenbuiltintoaproprietaryprogramthatcalculatesateachlocationonanarbitraryrectangulargridthetotalecpectedpowerdensityfromanynumberofindividualradiationsourcesTheprogramalsoallowsforthedescriptionofuneventerraininthevicinityto obtain more accurate projections Dliut005HAMMETTEDISONINCrarb CONSULTING ENGINEERS v j Methodology sarruvcsco l Figure 2 px aAi1YsF 1 iddisl Fr LiOtU120 Colin Jung Subject FW Two Clearwire Cell Site Referrals DIR201005 U201001 Email 2 Original Message From Peter Friedland mailtopeterfriedland@mailcom Sent Wednesday February 17 2010 1225 AM To Colin 7ung Avinash GadreSubjectRETwoClearwireCell Site Referral DIR201005 U201001 Email 2 Dear Colin My comments on the two proposed Clearwire appications are as follows 1 DIR the analysis of maximum posible radiation exposure appears technically correct and wellsupported The installation provides good coverage for the wimax frequencies Esthetically the design seems nEarly completely invisible to the casualobserveralthoughasnotedbystafftheterricupolatodescribetheenclosureis incorrect 2 U201001 the analysis of maximum possille radiation exposure appears technically correct and wellsupported The installation provides good coverage for the wimax frequences While the installation does subs change the look of the New LifeChurchitprovidesnoindicationthatitisnelectronicinstallationandifindit a clever way to blend into the existing church rchitecture Peter Friedland ViceChair TICC 1 lb0 S a ro R 4 aia Y flit6tt119 121 Colin Jung Subject FW Two Clearwire Cell Site RE ferrals DIR201005 U201001 From Avinash Gadre mailtoavigadre@hotmailcom Sent Tuesday February 16 2010 1152 AM To Colin ung Peter Friedland Subject Re Two Clearwire Cell Site Referrals DIR2010C5 U201001 Hi Colin My comments DIR201Q05 1 There are no technical concerns antenna would povideadequate coverage 2 Based on calculations provided by Clearwire there are no concerns of public exposure 3 Even though proposed design is acceptable aesthe1ically it is not cupola as described by the contractor U201001 1 There are no technical concerns antenna would provide adequate coverage 2 Based on calculations provided by Clearwire there are no concerns of public exposure 3 Aesthetically the design goes well with rest of the building Even though size of the modified rooftop is bigger compared the rest of the building number of antennas are same as in proposal DR2Q1005 above Regards Avinash DI005 5 Ys rilF 1 120 122 O V y 8 E 6 L uiL 4 k 7 OOOOUO F g I 41096 VO ON ld3dfl Z N N N N N N J W m p e g aVOFJ FJ3JNIT 09 LB L9 p k K K K K r s i 000000 W 1 a z 811S d a F W V eEg o Z f ScC q Z a n N W oif C 5 a g N ii 3S w e y a J S dKaaNaA7NC G3 Ys is C s W Ys gs t Y44 0 z x o Z sidd s3 c aa w a p Z N I a sN 4 o E 8 Z w g i i e O Q r m i4 d CC98S 8 C3 w m w y i Q iY4 g oaa6 aWeW gt a3s zc AAC3 3H3NMV7 Itl 1 g Q t O y i 2 Tir g g O W U ZJ Z 31Y tl7f7M o d 6 a I m W N y4 r U Ul O 3 aie rzNr 3o w v p g c o g a 3 Z nw 3 4 Y 3 Z o g sis s a a U p g gn og J W d 4 a aY b gy5 3 F F py C 3 gy Y W e 1 1 3 lc 4is o 6N g Yo a 4 n n Q Z Q O e 3 1 r Q 0 i k a S 1 g 9 Q 3 W Z dm 3 e Y H S a U 8g 3 r 3 U G3E q o 4 s 8 0 s 9 I ta3 Q a 8 S 3 a a 3E 123 o1 33 L s y NNNNN g IilE 44046tON1H3df10 cn N d ie aVOFi F3JNI7 109 L6 L9 4 K K k K Y K i 8 3 1 000000 g7 N i r z 8001 Sd Ea r OftH 1I I I Zj41YY I I by1ICII I I I I II I I I I x I r o I I a I r 1 I I Z F I I Io a caI r 1g O l1 t1 l h 3 I Y j fi g I I i l r 1 1 o I f k 1 M I 8 g3ndaaiiwIj Z orEw Z i j 0 g a r 124 0 I saasaa ciIS 5 p00000 ti NNNNN W ilE bL096V0ONIlki3df10 ZaN F N 3 y i abOEI kl3JNI109 L619 0 k B k k k t E v1 j Qr ft FE 00 n NC W z 8 1 Sd aE g U s Wm ak 0w I 18 Tf 1 R 8 r 3 I 8 I 1 RygygEQ I n Yy i ye r i i r e Q i W M I I I R w I I I v vv i ii e g N 1 I I 1 n II 1 I I I I I I I1 II g 1 1 I L I on eER 5 9 x Q i @ i g i E i gg s WW o s W U g g g g E N o eRe g r ab s Q 8 W Zg r o gW 125 I xaaaa S oonaon g E 4LOS6 VO ONIki3df10 N N N N N N w Z W M i QdOk H3JNI109 L619 0 K g K k K i 1 1 npooaoo Q zl IOYOI EpOc000 gQ W x kE U noao w s v f v OIQIII 9 Ol oA gR 9 C i w ee@ tF FJ F 9 t tJ dWW i5 r g gd s s JWy ltt 0 W g 3 aw wQ w g Nw w 3 N N p tl 0 8 11i y 8 b S e 0o N o 1f YJ 1 a a A n rF 0 v c y o Z 1 s L w O e w p a vom n dw rn w W W s f Z N 126 Attachment 3 o Ks City of Cupertino N 10300 Tcrre Avenue Cupertin CA 95014 UpERTINO CITY CLERKCUPERTINO408777 3 AP PEAL 1 Application No l J 2 ApplicantsName T 3 AppellantsName 0 r OP yU Address riJc Phone Number Email YL 4 Please check oneAppealadecision of Directrof Community Development Appeal a decision of Directrof Public Works Appeal a decision of Planning Commission 0 Appeal a decision of DesigiReview Committee Appeal a decision of Code nforcement 5 Date of determination of Director cr mailing of notice of City decision 2 6 Basis of appeal ClrCjfi1QC0c yle 1 a a T d CS Sj1rUJrVi jOn T J SC f trnL po Signature s Please complete form include appeal fee f 16200 pursuant to Resolution No 09OS 115500formassageapplicationappealsandreturntotheattentionoftheCityClerk10300TorreAvenueCupertino4087773223 125 1 4z 127 Colin Jung Attachment 4 From The Yuens sixyuens@yahooccm Sent Wednesday June 23 2010 941 PM To Mikkel Lantz Colin Jung Subject Antennae at West Valley Presbterian Church Hi all Please take a look to this news came up this norning Cell phones do not radiate as much as Wimax I just wanted to give you this informtion to let you know that there are many who are concerned about the possible radiation efiects Thank you Ione Yuen httpwwwovtechcomtarticles765484 San Francisco Approves Cell Phone Radiation Wrnings Created by Brian Shields on 6222010 34200PM SAN FRANCISCO AP San FranciscosBord of Supervisors has approved a new law requiring cell phone retailers to post the amcunt of radiation emitted from their phones The board voted 101 Tuesday to approve a firstofitskind ordinance requiring stores to disclose the specific absorption rate or AR of each phone they sell The measure is backed by Mayor Gavin Neusom who is expected to sign it within 10 days Opponents say the city is responding to unfounded concern over cell phone radiation Whether or not the radiation produced by cell phones causes cancer or other health problems is still a matter of debate among scientists Advocates say they hope the labels will dissuade consumers from buying higherradiation phones until the science is clearer Copyright 2010 by The Associated Press All Rights Reserved print Here is the link httpwwwkroncomNewsArticleViewtabid29fsmid1126ArticleID6303reftab536tSan20Fr anciscoq20Approvesq20Ce1120Phone20Radiationi20WarninsDefaultaspx 1 26 128 Colin Jung From The Yuens sixyuens@yahooccm Sent Tuesday June 15 2010 1005 M To Mikkel Lantz Colin Jung Cc daniel zhu kemito kemito Nornan Yuen The Yuens Subject Hazards regarding Antenna at WPC Attachments ICNIRP Guidelines FOR LIMITI VG EXPOSURE TO TIMEVARYINGpdf Dear Mikkel and Colin Upon your request for information here is some researh regarding our concerns about the installation of the WiMax Antenna at West Valley Presbyterian Church Some of these refer to Cell phone towers and WiMaa i different than Cell phone towers WiMax toweres will radiate more power than cell phone towers and the amcunt of time people spend on their computers is significantly more than they spend on cell phone calls Thank you for your willingness to hear our concerns Regards Ione Yuen After quite some reading I think there are few points vorthto mention 1 Radiation limit per ICNIRP guideline see attached are based on shortterm immediate health effects such as stimulation of peripheral nerves and musclfs shocks and burns caused by touching conducting objects and elevated tissue temperatures resulting irom absorption of energy during exposure to EMF In the case of potential longterm effects of exposure such as an increased risk of cancer ICNIRP concluded that available data are insufficient to provide a basi for setting exposure restrictions 2 What we are most concerned about most are th unknown nonthermal effects Per FCC info below It is generally agreed that further reseazch is needfdto determine the generality of such effects and their possible relevance if any to human health that i why prudent avoidance has been adopted in Australia Sweden and several US states including California Colorado Hawaii New York Ohio Texas and Wisconsin httpwwwwhointpehemfmeetinouthkoreaenLeekaKheifetsrinciple pdf I have found two very useful web pages 1 This one has a lot of info httpemfsafetynetwxkorgp116especially a International Resolutions Advocating a Precautionary Approach to the Use and Expansion of Wireless Technologies b HUNTINGTON BEACH City leaders unanimously voted Monday night to move a cell phone tower that was slated to be built next to Harbour View School and sparked public outcrv Note T Mobile said that the cell phone tower is regzlated by the Federal Communications Commission c Taiwan removes 1500 cell towers near i127 129 schools httpwwwchinapostcomtwtaiwn200711061297151500cellphonehtm d Australian Democrats Demand crackdwn on mobile phone towers httpwwwdemocratsorgaunewsindexhtmpressid6417 httpwwwdemocratsoraudocs2007Joiningthe Dotsllpdf e Oregon USA city school board unplus cell towers httpwwworegonlivecomnewsirdexssf200809westlinnwilsonville school Note It hasnt been proven to be a hazard but it hasnt been proven to be safe 2 Peerreviewed journal Pathophysiology has a secial issue on science and health risks due to electromagnetic fields Scientist researchers and ublic health policy professionals discussed the effect on DNA brain and in our environment This is an excellent link httpwwwjournalselsevierhealthcomperiodicalspatphyissuescontentsissuekeyS0928 4680280929X00039 On Mon 61410 The Yuens Ssiacyuens@yahoocmwrote This is from the FCC Website WHAT BIOLOGICAL EFFECTS CAN BE CAUED BY RF ENERGY Biological effects can result from exposure to RF enegy Biological effects that result from heating of tissuebyRFenergyareoftenreferredtoasthermaleffectIthasbeenknownformanyyearsthatexposuretoveryhighlevelsofRFradiationcanbeharmfulduetothebilityofRFenergytoheatbiologicaltissuerapidlyThiistheprinciplebywhichmicrowaveovenscookfoodExposuretoveryhighRFintensitiescanresultinheatingofbiologicaltissueandanincreaseinbodytemperatureTissuedamageinhumanscouldoccurduringexposuretohighRFlevelsbecauseofthebodysinabilitytocopewithordissipatetheexcessiveheatthatcouldbegeneratedTwoareasofthebodytheeyesandthetestesareparticularlyvulnerabletoRFheatingbecause of the relative lack of available blood flow to dissipat the excess heat load At relatively low levels of exposure to RF radiation i e levels lower than those that would produce significantheatingtheevidenceforproductionofharmfulbioloicaleffectsisambiguousandunprovenSucheffectsiftheyexisthavebeenreferredtoasnonthermaleffectsAnumberofreportshaveappearedinthescientificliteraturedescribingtheobservationofarangeofbioJogicaleffectsresultingfromexposuretolowlevelsofRFenergyHoweverinmostcasesfurtherexperimentalresearchhasbeenunabletoreproducetheseeffectsFurthermoresincemuchoftheresearchisnotdonenwholebodiesinvivotherehasbeennodetermination that such effects constitute a human health hazard It is generally agreed that further research is needed to determine the generality of such effects and their posible relevance if any to human health In the meantimestandardssettingorganizationsandgovernmentageniescontinuetomonitorthelatestexperimentalfindingstcconfirmtheirvalidityanddeterminewhetherchangesinsafetylimitsareneededtoprotecthumanhealthBack to Index 1 2 8 130 WiMAX Wikipedia the free encyclopedia WiMAX Attachment 5 From Wikipedia the free encyclopedia WiMAX Worldwide Interoperability for Micrawave Access is a telecommunications protocol that provides fixed and fully mobile internet access Th current WiMAX revision provides up to 40 MbitJs 12 with the IEEE 80216m update expected offe up to 1 Gbits fixed speeds WiMAX is based on the IEEE 80216 standard also called Broadband Jireless Access The name WiMAX was created by the WiMAX Forum which was formed in June 2001 to promote conformity and interoperability of the standard The forum describes WiMAX3as standardsbased technology enabling the delivery of last mile wireless broadband access as an alternati e to cable and DSL Contents i 1 Terminology 2 Uses 21 Broadband 22 Backhaul I 23 Tripleplay 24 Rapid deploymentI 3 Connecting to WiMAX 31 WiMAX Gateways WiMAX base station equipment 32 WiMAX Dongles with a sector antenna and wireless 33 WiMAX Mobiles modem on top 4 Technical information 41 WiMAX and the IEEE 80216 Standard 42 Physical layer 43 MAC data link layer 44 Deployment 45 Integration with an IPbased netw rk 46 Spectrum allocation 47 Spectral efficiency 48 Inherent Limitations 49 Silicon implementations 410 Comparison with WiFi A preWiMAX CPE of a 26 km 5 Conformance testing 16 mi connection mounted i 6 Associations 13 metres 43 ft above the ground 61 WiMAX Forum 2004 Lithuania I 62 WiMAX Spectrum Owners Alliar ce 7 Competing technologies 71 Harmonization 72 Comparison 8 Future development 9Interference 10 Deployments 11 See also 1 httpenwikipediaorgwikiWiMAX 782010131 WiMAX Wikipedia the free encyclopedia Page 2 of 15 I I2 References 13 External links Terminology WiMAX refers to interoperable implementations o P the IEEE 80216 wirelessnetworks standard ratified by the WiMAX Fonun in similarity with WiFi which refers to interoperable implementations of the IEEE 80211 Wireless LAN standard ratified by the WiFi Alliance The WiMAX Forum certification allows vendors to sell their equipment as WiMAX Fixed or Mobile certified thus ensuring a level of interoperability with other certii ied products as long as they fit the same profile The IEEE 80216 standard forms the basis ofWi1VAX and is sometimes referred to colloquially as WiMAX Fixed WiMAX Mobile WiMAX 80216d and 80216e Clarification of the formal names are as follow 802162004 is also known as 80216d which refers to the working party that has developed that standard It is sometimes referred to as Fixed WiMAX since it has no support for mobility 80216e2005 often abbreviated to 80216e is an amendment to 802162004 It introduced support for mobility among other things anc is therefore also known as Mobile WiMAX Mobile WiMAX is the WiMAX incarnation that hs the most commercial interest to date and is being actively deployed in many countries Mobile WiMX is also the basis of future revisions of WiMAX As such references to and comparisons with WiNAX in this Wikipedia article mean Mobile WiMAX Uses The bandwidth and range of WiMAX make it suitble for the following potential applications Providing portable mobile broadband connectivity across cities and countries through a variety of devices Providing a wireless alternative to cable and DSL for last mile broadband access Providing data telecommunications VoIP nd IPTV services triple play Providingasourceof Internet connectivityaspart of a business continuity plan That is if a business has both a fixed and a wireless Intenet connection especially from unrelated providers it is less likely to be affected by the same service outage Providing a network to facilitate machine to machine communications such as for Smart Metering Broadband Companies are deploying WiMAX to provide moile broadband or athome broadband connectivityacrosswholecitiesorcountriesInmanycasesthihasresultedincompetitioninmarketswhich typically only had access to broadband through an existing incumbent DSL or alike operator Additionally given the relatively low cost to deplcy a WiMAX network in comparison to GSM DSL or FiberOptic it is now possible to provide broac band in places where it may have not been economically viable 130 httpenwikipediaorgwikiWiMAX 782010132 WiMAX Wikipedia the free encyclopedia Page 3 of 15 Back WiMAX is a possible replacement candidate for ce lular phone technologies such as GSM and CDMA or can be used as an overlay to increase capacity F ixed WiMAX is also considered as a wireless backhaul technology for 2G 3G and 4G networks in both developed and poor nations In North America backhaul for urban cellular opertions is typically provided via one or more copper wire line T1 connections whereas remote cellular cperationsare sometimes backhauled via satellite In most other regions urban and rural backhaul is usully provided by microwave links The exception to this is where the network is operated by an incumbnt with ready access to the copper network in which case T1 lines may be used WiMAX is a broadban3 platform and as such has much more substantial backhaul bandwidth requirements than legacy cellu lar applications Therefore traditional copper wire line backhaul solutions are not appropriate Consequently the use of wireless microwave backhaul is on the rise in North America and existing microwave lackhaul links in all regions are being upgradedCapacitiesofbetween34Mbitsand1Gbitlscirationneedederoutinelybeingdeployedwithlatencies in the order of 1 ms In many cases operators are agregatingsites using wireless technology and then presenting traffic on to fiber networks where convenient Triple WiMAX supports the technologies that make tripleplay service ofFerings possible such as Quality of Service and Multicasting As a result it is possible for a WiMAX operator to not only provide highspeed broadband internetaccessbutalsoVoIPandIPTVservicestocustomrswithrelativeeaseThisenablesaWiMAXservice to be a replacement for DSL Cable and Telephony services On May 7 2008 in the United States Sprint Nexte Google Intel Comcast Bright House and TimeWarnerannouncedapoolingofanaverageof120VIHzofspectrumandmergedwithClearwiretoform a company which will take the name Clear The ne w company hopes to benefit from combined servicesofferingsandnetworkresourcesasaspringboardpastitscompetitorsThecablecompanieswillprovidemediaservicestootherpartnerswhilegainingaccesstothwirelessnetworkasaMobilevirtual network operator to provide tripleplay services Some analysts have questione ho the deal will vork ou Althou fixedmobile convergence habeenarecognizedfactorintheindustryprioratteriptstoformpartnersfiipsamongwirelessandcable companies have generally failed to lead to significntbenefits to the participants Other analysts pointoutthataswirelessprogressestohigherbandwidthitinevitablycompetesmoredirectlywithcableandDSLthrustingcompetitorsintobedtogetherAlsoaswirelessbroadbandnetworksgrowdenserand usage habits shift the need for increased backhaul and media service will accelerate therefore the opportunity to leverage cable assets is expected to increase Rapid deployment WiMAX access was used to assist with comnunications in Aceh Indonesia after the tsunami in December 2004 All communication infrastructure in the area other than amateur radio was destroyed making the survivors unable to ccmmunicate with people outside the disaster area andviceversaWiMAXprovidedbroadbandaccessthathelpedregeneratecommunicationtoand from Aceh 131 httpenwikipediaorgwikiWiMAX 782010133 WiMAX Wikipedia the free encyclopedia Page 4 of 15 WiMAX was donated by Intel Corporation tc assist the Federal Communications CommissionFCCandFEMAintheircommunicationseffortsintheareasaffectedbyHurricaneKatrina In practice volunteers used mainly selfhealing mesh Voice over Internet Protocol VoIP and asatelliteuplinkcombinedwithWiFionthelocallink Connecting to WiVIAX There aze numerous devices on the market that pro vide connectivity to a WiMAX network These are known as the subscriber unit SU L There is an increasing focus on portable units this includes handsets similar to cellular smartphones PC peripherals FC Cards or USB dongles and embedded devices in laptops which re now available for WiFi services In addition there is much emphasi from operators on consumer electronics devices such as Gaming consoles MP3 players and similar devices It is notable that WiMAX is more similar to WiFi than to 3 G cellular technologies The WiMAX Forum website provides a list of certfied devices However this is not a complete list of devices available as certified A WiMAX Gateway whichmodulesareembeddedintolaptopsMIDsMobileinternetdevicesprovidesVoIPEthernetand and other private labeled devices WiFi connectivity WiMAX Gateways WiMAX gateway devices are available as both indoor and outdoor versions from several manufacturers Many of the NiMAX gateways that are offered by manufactures such as ZyXEL rZotorola and Greenpacket are standalone selfinstall indoor unis Such devices typically sit near the customers window with the best WiMAX signal and provide A WiMAX USB modem for An integrated WiFi access point to provide the WiMAX Internet mobile internet connectivity to multiple devices throughout he home or business Ethernet portsshouldyouwishto connect directlytoyourcomputerorDVRinsteadOneortwoPSTNtelephonejackstoconnecyourlandlinephoneandtakeadvantageofVoIP Indoor gateways are convenient but radio losses rrean that the subscriber may need to be significantlyclosertotheWiMAXbasestationthanwithprofesionallyinstalledexternalunits Outdoor units axe roughly the size of a laptop PC ind their installation is comparable to the installation of a residential satellite dish A highergain directinal outdoor unit will generally result in greatly increased range and throughput but with the obviozs loss of practical mobility of the unit WiMAX Dongles There are a variety ofUSB dongles on the market vhich provide connectivity to a WiMAX networkGenerallythesedevicesareconnectedtoanotebockornetbookwhilstonthegoDonglestypicallyhave omnidirectional antennae which are of lowergain ompared to other devices as such these devices are best used in areas of good coverage 1 httpenwikipediaorgwikiWiMAX 782010134 WiMAX Wikipedia the free encyclopedia Page 5 of 15 WiMAX Mobiles HTC announced the first WiMAX enabled mobile phone the Mac 4G on Nov 12th 2008 11 The device was only available to certain markets in Rusia on the Yota network HTC released the second WiMAX enabled mobile phone the EVO 4G March 23 2010 at the CTIA conference in Las Vegas The device made available on June 4 2010 is capable of both EVDO3G and WiMax4G as well as simultaneous data vc ice sessions The device also has a frontfacing camera enabling the use of video conversations 13 A number of WiMAX Mobiles are expected to hit the US market in 2010 Technical information WiMAX and the IEEE 80216 Standard The current WiMAX revision is based upon IEEE td 80216e 2005 approved in December 2005 It is a supplment to the IEEE Std 802162004L and so the actual standard is 80216 2004 as amended by 80216e2005 Thus these spEcifications need to be considered together IEEE 80216e2045 improves upon IEEE 802162004 by Adding support for mobility soft and hard hndover Illustration of a WiMAX MIMO between base stations This is seen as one othe most board important aspects of 80216e2005 and is th very basis of Mobile WiMAX Scaling of the Fast Fourier transform FFT to the channel bandwidth in order to keep the carrier spacing constant across different channel bardwidths typically 125 NIHz 5 MHz 10 MHz or 20 MHz Constant carrier spacing results in a higher spectrum efficiency in wide channels and a cost reduction in narrow channels Also knovn as Scalable OFDMA SOFDMA Other bands not multiples of 125 MHz are defined in the staiidard but because the allowed FFT subcarrier numbers are only 128 512 1024 and 2048 cther frequency bands will not have exactly the same carrierspacingwhichmightnot be optimaliorimplementations Advanced antenna diversity schemes and hybrid automatic repeatrequest HARQ Adaptive Antenna Systems AAS and NIIM technology Denser subchannelizationthereby improvir g indoor penetration Introducing Turbo Coding and LowDensity Parity Check LDPC Introducing downlink subchannelizationallowing administrators to trade coverage for capacity or vice versa Fast Fourier transform algorithm Adding an extra QoS class for VoIP applicatons SOFDMA used in 80216e2005 and OFDM256 i80216dare not compatible thus equipment will have to be replaced if an operator is to move to the later standard eg Fixed WiMAX to Mobile WiMAX Physical layer 133 httpenwikipediaorgwikiWiMAX 782010135 WiMAX Wikipedia the free encyclopedia Page 6 of 15 The original version of the standard on which WiNAX is based IEEE 80216 specified a physical layer operating in the 10 to 66 GHz range 80216a upd ted in 2004 to 802162004 added specifications for the 2 to 11 GHz range 802162004 was updated by 80216e2005 in 2005 and uses scalable orthogonal frequencydivision multiple access SOFDMA as pposed to the fixed orthogonal frequencydivision multiplexing OFDIVn version with 256 subcarriei sof which 200 are used in 80216d More advancedversionsincluding80216ealsobringmultipleanennasupportthroughMIMOSeeWiMAXMIMO This brings potential benefits in terms of coverage self installation power consumption frequency re use and bandwidth efficiency MAC data link layer The WiMAX MAC uses a scheduling algorithm for which the subscriber station needs to compete only once for initial entry into the network After netwo rk entry is allowed the subscriber station is allocated an access slot by the base station The time slot car enlarge and contract but remains assigned to the subscriber station which means that other subscribers cannot use it In addition to being stable under overload and oversubscription the scheduling algrithm can also be more bandwidth efficient The scheduling algorithm also allows the base station tc control Quality of service QoS parameters by balancing the timeslot assignments among the ap lication needs of the subscriber stations Deployment As a standard intended to satisfy needs of nextgeneration data networks 4G WiMAX is distinguished by its dynamic burst algorithm modulation adaptiv to the physical environment the RF signal travels through Modulation is chosen to be more spectrally efficient more bits per OFDMSOFDMA symbolThatiswhentheburstshaveahighsignalstrengtYandacarriertonoiseplusinterferenceratioCINR they can be more easily decoded using digital signilprocessing DSP In contrast operating in less favorable environments for RF communication thf system automatically steps down to a more robust mode burst profile which means fewer bits per O FDMSOFDMA symbol with the advantage thatpowerperbitishigherandthereforesimpleraccurtesignalprocessingcanbeperformed Burst profiles are used inverse algorithmically dyiamic to low signal attenuation meaning throughput between clients and the base station is determined argely by distance Maximum distance is achieved by the use of the most robust burst setting that is the profile with the largest MAC frame allocation trade off requiring more symbols a larger portion of the MAC frame to be allocated in transmitting a given amountofdata thari if tlieclient were to base The clients MAC frame and their individual burst profiles are defined as well as the specific time allocation However even if this is done automatically then the practical deployment should avoid high interference and multipath environments The reasn for which is obviously that too much interferencecausesthenetworkfunctionpoorlyandcanalsomisrepresentthecapabilityofthenetwork The system is complex to deploy as it is necessary to track not only the signal strength and CINR as insystemslikeGSMbutalsohowtheavailablefrequencieswillbedynamicallyassignedresultingin dynamic changes to the available bandwidth Thi could lead to cluttered frequencies with slow response times or lost frames As a result the system has to be initially designed in consensus with the base station product team to accurately project frequency use interference and general product functionality Integration with an IPbased network 134 httpenwikipediaorgwikiWiMAX 782010136 WiMAX Wikipedia the free encyclopedia Page 7 of 15 The WiMAX Forum has proposed an architecture that defines how a WiMAX network can be connected with an IP based core network which is typically chosen by operators that serve as Internet Service Providers ISP Nevertheless the WiMAX BS proride seamless integration capabilities with other types of architectures as with packet switched Mobile Ne tworks The WiMAX forum proposal defines a number of omponents plus some of the interconnections or reference points between these labeled R1 to RS nd R8 SSMS the Subscriber StationMobile Station ASN the Access Service Network BS Base station part of the ASN ASNGW the ASN Gateway part of the ASN CSN the Connectivity Service Network HA Home Agent part of the CSN AAA Authentication Authorization and Ac ounting Server part of the CSNNAPaNetworkAccessProvider NSP a Network Service Provider It is important to note that the functional architecture can be designed into various hardware configurations rather than fixed configurations Fo example the architeciure is flexible enough to allow remotemobile stations of varying scale and functicnality and Base Stations of varying size eg femto pico and mini BS as well as macros Spectrum allocation There is no uniform global licensed spectrum for ViMAX however the WiMAX Forum has published three licensed spectrum profiles 23 GHz 25 GH and 35 GHz in an effort to drive standardisation and decrease cost In the USA the biggest segment available is aroun3 25 GHz and is already assigned primarily to Sprint Nextel and Clearwire Elsewhere in the wor d the mostlikely bands used will be the Forum approved ones with 23 GHz probably being most important in Asia Some countries in Asia like India and Indonesia will use a mix of 25 GHz 33 GHz and other frequencies Pakistans Wateen Telecom uses 35 GHz Analog TV bands 700 MHz may become available for WiMAX usage but await the complete roll outofdigitalTVandtherewillbeotherusessuggestedforthatspectrumIntheUSAtheFCCauctionforthisspectrumbeganinJanuary2008andasaresutthebiggestshareofthespectrumwenttoVerizon Wireless and the next biggest to ATT Both of these companies have stated their intention of supporting LTE a technology which competes dirfctly with WiMAX EU commissioner VivianeRedinghassuggestedreallocationof500800MFizspectrumforwirelesscommunicationincluding WiMAX20 WiMAX profiles define channel size TDDFDD and other necessary attributes in order to have inter operating products The current fixed prof les are c efined for both TDD and FDD profiles At this point a11 of the mobile profiles are TDD only The fixed profiles have channel sizes of 35 MHz 5 MHz7MHzand10MHzThemobileprofilesare5Mz875MHzand10MHzNotethe80216standard allows a far wider variety of channels but only the above subsets are supported as WiMAX profiles 135 httpenwikipediaorgwikiWiMAX 782010137 WiMAX Wikipedia the free encyclopedia Page 8 of 15 Since October 2007 the Radio communication Sector of the International Telecommunication Union ITUR has decided to include WiMAX technology in the IMT2000 set of standards This enables spectrum owners specifically in the 25269GHz band at this stage to use WiMAX equipment in any country that recognizes the IMT2000 Spectral efficiency One of the significant advantages of advanced wire less systems such as WiMAX is spectral efficiency For example 802162004 fixed has a spectral efjiciency of 37 bitlsHertz and other 354G wireless systems offer spectral efficiencies that are similar to within a few tenths of a percent The notable advantage of WiMAX comes from combining SOFDMA with smart antenna technologies This multiplies the effective spectral efficiency through multiple reuse and smart network deployment topologies The direct use of frequency domain org anization simplifies designs using MIMOAAS compazed to CDMAWCDMA methods resulting in more effective systems Inherent Limitations A commonlyheld misconception is that WiMAX vill deliver 70 Mbitls over 50 kilometers Like all wireless technologies WiMAX can either operate it higher bitrates or over longer distances but not both operating at the maximum range of 50 km 3 l miles increases bit error rate and thus results in a much lower bitrate Conversely reducing the rangE to under 1 km allows a device to operate at higher bitrates A recent citywide deployment of WiMAX in Pertli Australia has demonstrated that customers at the celledge with an indoor CPE typically obtain speeds of around 1 Mbits with users closer to the cell tower obtaining speeds of up to 30 Mbits Like all wireless systems available bandwidth is sliared between users in a given radio sector so performance could deteriorate in the case ofmany ctive users in a single sector However withadequatecapacityplanningandtheuseofWiMAsQualityofServiceaminimumguaranteedthroughputforeachsubscribercanbeputinplaceInpracticemostuserswillhavearangeof4 8 Mbits services and additional radio cards will be added to the base station to increase the number of users that may be served as required Silicon implementations A critical requirement for the success of a new tecinology is the availability of lowcost chipsets and silicon implementations WiMAX has a strong silicon ecosystem with a nuniber of specialized companies producing basebandICsandintegratedRFICsforimplementingfullfeituredWiMAXSubscriberStationsinthe2325 and3SGhzbandrefertoSpectrumallocationaboveItisnotablethatmostofthemajorsemiconductor companies have not developed WiMAX chipsets of their own and have instead chosen to invest in andor utilise the well developed products from smaller specialists or startup suppliers These companies include but not limited to Beceem Seqians and PicoChip The chipsets from these companies are used in the majority of WiMAX deices Intel Corporation is a leader in promoting WiMA but has limited its WiMAX chipset developmentandinsteadchosentoinvestinthesespecializedccmpaniesproducingsiliconcompatiblewiththe 136 httpenwikipediaorgwikiWiMAX 782010138 WiMAX Wikipedia the free encyclopedia Page 9 of 15 various WiMAX deployments throughout the globe Comparison with Wi Comparisons and confusion between WiMAX and WiFi aze frequent because both are related to wireless connectivity and Internet access WiMAX is a long range system covering many kilometers that uses licensed or unlicensed spectrum to deliver connecton to a network in most cases the Internet WiFi uses unlicensed spectrum to provide access to a local network WiFi is more popular in end user devices WiFi runs on the Media Access Controls CMACAprotocol which is connectionless and contention based whereas WiMAX runs a cc nnectionoriented MAC WiMAX and WiFi have quite different qual ty of service QoS mechanisms WiMAX uses a QoS mechanism based on connections between the base station and the user device Each connection is based on specific scheduling algorithms WiFi uses contention access a11 subs riber stations that wish to pass data through a wireless access point AP are competing for the APs attention on a random interrupt basis This can cause subscriber stations distnt from the AP to be repeatedly interrupted by closer stations greatly reducing their throughput Both 80211 and 80216 define PeertoPeer P2P and ad hoc networks where an end user communicates to users or servers on another Local Area Network LAN using its access point or base station However 80211 supports also iirect ad hoc or peer to peer networking between end user devices without an access point while 81216 end user devices must be in range of the base station WiFi and WiMAX are complementary WiMAX retworkoperators typically provide a WiMAX Subscriber Unit which connects to the metropolitar WiMAX network and provides WiFi within the home or business for local devices eg Laptops ViFi Handsets smartphones for connectivity This enables the user to place the WiMAX Subscriber Unit in the best reception area such as a window andstillbeabletousetheWiMAXnetworkfromanylacewithintheirresidence Conformance testing TTCN3 testlanguage for purposes testsforWiMAXimplementationsTheWiMAXtestsuitesbeingdevelopedbyaSpecialistTaskForceat ETSI STF 25222 Associations WiMAX Forum The WiMAX Forum is a non profit organization formed to promote the adoption of WiMAX compatible products and services A major role for the organization is to certify the irteroperabilityof WiMAX products Those that pass conformance and interoperability testing achiEve the WiMAX Forum Certified designation andcandisplaythismarkontheirproductsandmarketngmaterialsSomevendorsclaimthattheir 1 httpenwikipediaorgwikiWiMAX 782010139 WiMAX Wikipedia the free encyclopedia Page 10 of 15 equipment is WiMAXready WiMAXcompliaat or preWiMAXif they are not officially WiMAX Forum Certified Another role of the WiMAX Forum is to promote the spread of knowledge about WiMAX In order to do so it has a certified training program that is cunently offered in English and French It also offers a series of inember events and endorses some industyevents WiMAX Spectrum Owners Alliance WiSOA was the first global organization composect exclusively of owners of WiMAX spectrum with plans to deploy WiMAX tfchnology in those bands WiSOA focussed on the regulation commercialisaion and deployment of WiMAX specirum in the 2325 GHz and the 3435 GHz ranges WiSOA merged with the Wireless Broadband Alliance in Apri12008 25 4x WiSOA logo Competing technologies Within the marketplace WiMAXsmain competition comes from existing widely deployed wireless systems such as UMTS CDMA2000 existing WiFi and mesh networking t 15 In the future competition will be from the evolution of the major cellular standards to socalled 4G highbandwidth lowlatency allIP networks with voice services built on top The worldwide move tc 4G for GSMUMTS and AMPSTIA including CDMA2000 is the 3GPP Long Term Evolution effort However it has been noted that the likely 1 MAik performance difference between WiMAX as it Speed vs Mobility of wireless systems WiFistandstodayandLTEwhenitiseventuallyHSPAUMTSGSM commercially available in 2 years time will be citafion needenegligible LTE is expected to be ratified at the end of 2010 vith commercial implementations becoming viable within the next two years End of 2009 TeliaSonera started commercial deployment in Oslo and Stockholm In Denmark the 3 big telecoms are upgrading their network and will make LTE available during 2010 In some areas of the world the wide availability of UMTS and a general desire for standardization has meant spectrum has not been allocated for WiMA in July 2005 the EUwide frequency allocation for WiMAX was blocked Harmonization Early WirelessMAN standazds the European standard HiperMAN and Korean standard WiBro have been harmonized as part of WiMAX and are no lorger seen as competition but as complementary All 138 httpenwikipediaorgwikiWiMAX 782010140 WiMAX Wikipedia the free encyclopedia Page 11 of 15 networks now being deployed in South Korea the lome of the WiBro standard are now WiMAX Comparison Main article Comparison of wireless data stG ndards The following table should be treated with caution because it only shows peak rates which are potentially very misleading In addition the comparisons listed are not normalized by physical channel size iespectrum used to achieve the listed peak ates this obfuscates spectral efficiency and net throughput capabilities of the different wireless tehnologies listed below Comparison of Mbile Internet Access methods Downlink UplinkStandardFamily0PrimaryUseCRadioTechbitsbits Not i M M LTEAd update e to offer p LTE UMTS4GSM General4G OFDMANIIMOSC 360 gp rates of a FDMA Gbits fix speeds ar Mbits to users WiMAX IEEE 80 i WiMAX 80216e Mobile Interne MIMOSOFDMA 144 35 expected to 1 Gbit speeds i Mobile Interne Mobile r FlashOFDM FlashOFDM mobility up to FlashOFDM 10 6 36 18miles 200mph eended 350kmh 159 54 34 miles HIPER1VrANN HIPERMAN Mobile Interne OFDM 569 569 Antenna front end enhancen and mina 2gg9 I protocol80211Supports600MbpseakshWiFi11nMobileInterneOFDMMIMO@40MHzchannelhelpedde width long ran Inetworkscomprorr radial co throughp andlor sp 139 httpenwikipediaorgwikiWiMAX 782010141 WiMAX Wikipedia the free encyclopedia Page 12 of 15 efficienc 310km 1 382km Cell Radi 12km Speed 2 piBurst80220MobileInternetSDMATDDMIMO9536 I S ectral Efficienc I bitssHz Spectrurr Factor EDGE Evolution GSM Mobile Internet TDMAFDD 19 09 3GPP Re i HSDPA deployed UMTS W Typical c CDMA CDMAFDD 0384 0384 rates tod HSDPAHSUPA UMTS3GSM General 3G 144 576 Mbits HSPA CDMAFDDNIIMO 56 22 kbitls up HSPA downlink 56 Mbitl Reported accordin IPWirele UMTSTDD UMTS3GSM Mobile Internet CDMATDD 16 16 16QAM modulati similar tc HSDPA 1xRTT CDMA2000 Mobile phone CDMA 0144 0144 Succeede EVDO EV Rev B nc DO lx Rev 0 24 01 the num EV CDMA2000 Mo ieTnternet D DD 1251VIH DO lx RevA 49xN 18cN chunks o EVDO RevB spectrum Notes All speeds are theoretical maximums and w ll vary by a number of factors including the use of external antennae distance from the tower and the round speed eg communications on a train may be poorer than when standing still Usually the bandvridth is shared between several terminals The performance of each technology is determined by a number of constraints including the spectral efficiency of the technology the cell sizes used anithe amount of spectrum available For more information see Comparison of wireless data stancards See also Comparison of mobile phone standards Spectral efficiency comparison table anc OFDM system comparison table Future development The IEEE 80216m 1 standard is the core technolgy for the proposed WiMAX Release 2 which 1 httpenwikipediaorgwikiWiMAX 782010142 WiMAX Wikipedia the free encyclopedia Page 13 of 15 enables more efficient faster and more converged data communications The IEEE 80216m standazd has been submitted to the ITU for IMTAdvanced tandardization IEEE 80216m is one of the major candidates for IMTAdvancedtechnologies by ITL Among many enhancements IEEE 80216m systems can provide four times faster data speed thri the current WiMAX Release 1 based on IEEE 80216e technology WiMAX Release 2 will provide strong backward c mpatibility with Release 1 solutions It will allow current WiMAX operators to migrate their Release 1 solutions to Release 2 by upgrading channel cards or software of their systems Also the subscribers vho use currently available WiMAX devices can communicate with new WiMAX Release 2 system without difficulty It is anticipated that in a practical deployment using 4X2 MIMO in the urban microcell scenario with only a single 20MHz TDD channel available system wide the 80216m system can support both 120 Mbits downlink and 60 Mbitls uplink per site simultaneously It is expected that the WiMAX Release 2 will be available commercially in the 20 12012 timeframe The goal for the ongterm evolution of WiMAX is to achieve 100 Mbits mobile and 1 Gbitls fixed nomadic bandwidth as set by ITU for 4G NGMN 1ext Generation Mobile Network Interference A field test conducted by SUIRG Satellite Users Iiterference Reduction Group with support from the US Navy the Global VSAT Forum and several niember organizations yielded results showing interference at 12 km when using the same channels for both the WiMAX systems and satellites in C band The WiMAX Forum has yet to respond Deployments Main article List of deployed WiMAX networ s As of Apri12010 the WiMAX Forum claims there are over 558 WiMAX fixed and mobile networks deployed in over 147 countries Yota is the largest WiMAX network operator in thf world but has announced that it will move new network deployments to LTE and subsequently chnge its existing networks also See also Evolved HSPA HighSpeed Packet Access HSPA List of deployed WiMAX networks Mobile broadband Mobile VoIP Municipal broadband Packet Burst Broadband PBB Switched mesh Wireless bridge Wireless local loop 1 httpenwikipediaorgwikiWiMAX 782010143 WiMAX Wikipedia the free encyclopedia Page 14 of 15 References 1 Mobile WiMAX Speed Test Results in Perth lustralia 1 to 37 Mbps 12mbps Average httpforumswhirlpoolnetauforumrepliescfint1418240Retrieved20100414 2 Speeding Up WiM Today the initial WiMa system is designed to provide 30 to 40 megabit per second data rates httpwwwitbusinessedgecomcmcmmunityfeaturesinterviewsblogspeedingupwimax cs40726 Retrieved 20100417 3 Facts About WiMAX And Why Is It The Futire of Wireless Broadband httpwwwtechplutocomwimaxindetail 4 WiMax Forum Technology httpwwwwiniaxforumorgtechnologyRetrieved 20080722 5 IEEE 80216 WirelessMAN Standard Myths nd Facts ieee802org httpwwwieee802org16docs06C802160607rlpdfRetrieved 20080312 6 Sprint Eyes WiMax Backhaul lightreadingccm httpwwwlightreadingcomdocumentasp doc id104349 Retrieved 20080322 7 WiMax signals get stronger in India eetimesom httpwwweetimescomnewslatestshowArticlejhtmlarticleID206901605Retrieved 20080322 8 Overcoming the wireline bottleneck for 3G w reless services supercommnewscom httpsupercommnewscomwirelessfeatureswirelinewireless networks 060305 Retrieved 20090103 9 FCC Pushes WIMax OK for Katrina Victims ntel supplies the hardware mobilemagcom httpwwwmobilemagcomcontent100102C4618Retrieved 20080108 10 Volunteers use mesh wimax wifi in katrina lit regions wifinetnewscom httpwifinetnewscomarchives200510volunteers usemesh wimaac wifiin katrinahit regionshtml Retrieved 20090331 11 httpwwwhtccomwwwpressaspxid76204lang1033 12 httpnewsreleasessprintcomphoenixzhtmlc127149pirol newsArticle Print newsroomID1426178hig ilight 13 httpwwwengadgetcom20100323htcevogissprintsandroidpoweredknightinsuperphonearmo 14 httpwwweetimescomnewslatesdshowArticejhtmlarticleID224201135 15 IEEE 80216e Task Group Mobile WirelessMAN ieee802org httpwwwieee802org16tge Retrieved 20080312 16 IEEE 80216 Task Group d ieee802org httpwwwieee802org16tgdRetrieved 20080312 17 The Access Service Network in WiMAX The Role of ASNGW mustafaergencom httpwwwmustafaergencomasngwpdfRetrie red 20080312 18 US Frequency Allocation Chart Department of Commerce httpwwwntiadocgovosmhomeallochrtpdfRetrieved 20080312 19 Auctions Schedule Federal Communications Commission httpwirelessfccgovauctionsdefaulthtm jobauctions sched Retrieved 20080108 20 European Commission proposes TV spectrum for WiMax zdnetasiacom httpwwwzdnetasiacomnewscommunications0390441926202102100htmRetrieved 20080108 21 ITU Radiocommunication Assembly approves new developments for its 3G standards ituint httpwwwituintnewsroompressreleases200730htm1Retrieved 20080312 22 HiperMAN WiMAX Testing ETSI httpwwwetsiorgWebSitetechnologiesHiperMAN WiMAXTestingaspx Retrieved 20080328 23 WiMAX Forum Overview httpwwwwimaforumorgaboutRetrieved 20080801 24 WiMAX Forum Frequently Asked Questioiis wimaxforumorg httpwwwwimaxforumorgtechnologyfaqRetieved 20080312 25 WBA and WiSOA join efforts on WiMAX global roaming httpwwwwimaxdaynetsite20080424wbaardwisoajoineffortsonwimaxglobalroaming Retrieved 20081210 26 80216m submitted to ITU for IMTAdvancedstandardization httpwwwieeeorgwebaboutusnewsindexhtmlWTmcidhpnnewsroomuRetrieved 20091018 27 Global WiMAX network deployments surpass 500 httpwwwwimaxforumorgnode1724Retrieved 20091018 28 SUIRG full interference test report suirgorg httpwwwsuirgorgpdfSUIRGWiMaxFieldTestReportpdfRetrieved 20080316 29 httpwwwwimaxforumorg 142 httpenwikipediaorgwikiWiMAX 782010144 WiMAX Wikipedia the free encyclopedia Page 15 of 15 30 Maravedis 4Q 2009 httpwwwunovaruarticle2631httpwwwkommersantrudocaspx DocsID1310343 31 Russia Today 21 May 2010 Scartel dropping Wimax aiming for LTE RT rtcomBusiness2010OS 21 scarteldroppingwimaxltehtml K Fazel and S Kaiser MultiCarrier and Sread Spectrum Systems From OFDMand MC CDMA to LTE and WiMAX 2nd Edition Jorn Wiley Sons 2008 ISBN 9780470998212 M Ergen Mobile Broadband Including WiMAX and LTE Springer NY 2009 ISBN 9780387 681894 Egternal links wMaxFo How WiMAX Works at HowStuffWorks Intemet Protocol Journal Overview of Mobil WiMAX Patent alliance formed for WiMAX 4G techrology WiMAXcom WiMAX vs LTE i Intern access Wired Wireless Network Unlicensed 3pe O tical Coaxial Twisted Phone lin e Power terrestrial Licensed I SatelliteiPcablepairlinebandsterrestrialbands i WiFi BluetoothHomePNLANEthernetGhnEthernetGGhnDECT Wireless USB i GPRS iBurst I PON Dialup WiBroWiMAX w Ethernet DOCSIS Ethernet ISDN BPL Muni WiFi UMTSTDD Satellite DSL HSPA EVDO ILT Retrieved from httpenwikipediaorgwikiWi1VLX Categories IEEE 802 Wireless networking Metrpolitan area networks Ethernet Network access This page was last modified on 8 July 2010 at 1647 Text is available under the Creative Commors AttributionShaxeAlike License additional terms may apply See Terms of Use for details Wikipedia is a registered trademark of the JVikimedia Foundation Inc a nonprofit organization Privacy policy About Wikipedia Disclaimers 1 httpenwikipediaorgwikiWiMAX 782010145 Attachment 6 County of Santa Clara Office of the Sleriff VfSt YOIl11Cr AEIltl Sen IpSC CalYOnlia 951 I 01721 10S SOS Lauric Sniitli heriif June 23 2010 Rick Kitson City of Cupertino 10300 Torre Ave Cupertino Ca 95014 Dear Rick Recently I had been requested to respond to any concerns or needs relating to Public Safety services and needs that the Sheriffs Office ma have for cell phone services in the City of eupertino The SherifPs Office provides the Public Safety services to the city of Cupertino One of the tools used by the SherifPs Office is the Mobil Lata Terminals in the vehicles as well as cell phones The MDTs in the vehicle rely upon cell service in order to have a connection and keep a connection while on patrol in the city The deputies also use their cell phones to communicate from time to time We have noticed that there are several areas within the city limits of Cupertino that we do not lavegood cell service When the cell service fails it causes the MDT in the vehicle to shut down This creates and service problem for the deputy working in that area or passing through that area HeShe then has to wait until they are back in an area where there is good cell service before they can use the MDT in the vehicle or their cell phone to communicate with dispatch It becomes frustrating to the deputies to contiilue to lose cell service and continually have to restart their systems Czpertinos coverage is reativelygood but there are several areas where cell service becomes a roblem The SheriffsOffice would strongly support an additional cell towers that could be placed in thecityofCupertinotoimprovethoseareasthatlackcoverageThiswouldhelpassurethatdeputies remain connected in order to provide service obligations to the city The additional cell coverage will help to increase officer safety by not losing access to MDTs and cell phones It would also assist when we have to set up an Incident Comnand Post to monitor and run an incident When in an area with little to no cell service communcation for an incident becomes critical and no service puts residents and law enforcement persnnel at risk Sincerely 36 r Captain Terry Calderone West Valley Division Commander 6 UOB 144 146 Attachment 7 Original Message From Traci Caton Sent Wednesday uly 14 2010 616 PM To Claire Arnold Cc Colin ung Subject RE Wimax Hi Ms Arnold Thankyou for your email Please find attached the original approval for the project of interest The decision of the Community Development Director is being appealed by a resident in the neighborhood The appeal hearings are scheduled as follows Planning Commission Tuesday July 27 2010 City Council Tuesday August 3 2010 Please let me know if you have any further questions Sincerely Traci Caton 4087773253 Community Development City of Cupertino Origina Message From Claire Arnold mailtoClaireA2006@hotmailcom Sent Wednesday July 14 2010 841 AM To City of Cupertino Planning Dept Subject Wimax Hi I am a resident near Hyde middleschool and have had a letter dropped into my mailbox last night that I would like some clarification on Zhletterstates a WiMaxTower is goingupon the cornerof Bollinger andMiller on Church property I got the report from the church that reported on various bands of radiation that seem very innocuous However when my husband looked up WiMax it seemed different than those listed in the report Could you please verify what exactly the tower will be putting out the radiation in the report or something slightly different not stated in the report Thanks Claire Arnold 898 Hyde Avenue Cupertino 145 147 Beth Ebben From Gary Chao Sent Wednesday July 21 2010 91iAM To Beth Ebben Subject FW Planning public input From Pkot@aolcom mailtoPkot@aolcom Sent Friday July 16 2010 1005 PM To Piu Ghosh Cc Gary Chao Subject Planning public input Hi Piu I see that the City is soliciting public input on its planning pocess I have 2 suggestions 1 Make the bldg permits more readable as underwriters at BofA cannot read a bldg permit We went thru 2 recent refisandBofAjustdidnotunderstandthatourbldgpermitWASfinalMaybeaddaclearlydefinedboldblockwithfinaldate and signature and remove the bottom small reference to firials as that is misleading 2 The planning process really needs to come into the 21st century and consider safety of technological developmentsgoingoninthecityIamparticularlyconcernedwiththeplacementofWimaxtowersnearANYresidentialhomesWiMaxisNOTacelltowerItemits20wattsandthatisHUGE1hecellcompaniesaregivingfinancialincentivestochurches to allow a Wimax to be placed on their roofs and the radiat on emitted is NOT safe My understanding is that planningreallydoesntcareaslongasitsnotuglyNeedtobringnsomeknowledgetothestaffonthisWimaxstuffasitswaymoreradiationthanacelltowerMaybeaddsomethingtotheenvironmentalimpacttoaddressradiationsafety thanks Pat Kot i 146 148 Beth Ebben From Traci Caton on behalf of City cf Cupertino Planning Dept Sent Monday July 19 2010 924 AM To Colin Jung Gary Chao Cc Beth Ebben Aarti Shrivastava Subject FW Objection to installing WilJlax Radio tower at 6191 Bollinger Rd Application NO DIR201005 fyi From Xin Guo mailtoxinguo08@gmailcom Sent Saturday July 17 2010 409 PM To City of Cupertino Planning Dept Subject Objection to installing WiMax Radio tower at 611 Bollinger Rd Application NO DIR201005 City of Cupertino I am writing regarding to the matter of Application N DIR2010OS that proposing installing of WiMax radio tower at 6101 Bollinger Rd I wont be able to make i to the pulic hearing so I want my opinion being counted I am very concerned with long term health effect of szch a high power radio tower being installed in such a densely populated area My house is less than 200 yat d from it Without an unbiased long term health study showing that it is safe to do so I strongly object the plan to install such tower Regards Xin Guo Resident at 6105 Castleknoll Drive San Jose CA 95l 29 14 7 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org STAFF REPORT Agenda Item No. 12 Meeting Date: August 3, 2010 Subject Assessment of fees for private parcels as a part of the annual weed abatement program. Recommended Action Conduct hearing and adopt resolution. Background Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or destroy weeds on their property. The weed abatement process is in place to notify the property owners of this responsibility, to remove the weeds if the property owner doesn’t, and to recover the costs of abatement. The process consists of seven steps that begin in November and go through August of each year. At this time the process is at Step No. 7 on the list. Attached is a copy of the notice and the draft resolution showing the list of properties on the assessment report. 1. City Council adopts a resolution declaring weeds a nuisance and setting a hearing date to hear objections to the proposed destruction or removal of weeds (Nov.) 2. Notice is sent to property owners that they must remove weeds or it will be done for them and the cost will be assessed to their property (Dec.) 3. Property is inspected by the County to verify that weeds were removed. A list is created of properties that still need abatement, and those property owners receive notice of the hearing set in Step 1. 4. Council holds hearing to consider objections (Jan.) 5. County hires contractors to remove any remaining weeds 6. City Council sets a hearing date to assess the property owners for the cost of weed abatement and the City sends the hearing notice. (June-July) 166 August 3, 2010 Cupertino City Council Page 2 7. City Council holds a hearing, receives any disputes, and adopts a resolution putting a lien assessment on the properties to recover the cost of weed abatement (July-Aug.) Prepared by: Grace Schmidt Reviewed by: Kimberly Smith Approved for Submission by: David W. Knapp, City Manager Attachments: A. Draft Resolution B. Assessment Report 167 168 169 OFFICE OF THE MAYOR CITY HALL 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 August 3, 2010 Jody Hall Esser, Director Department of Planning and Development County of Santa Clara 70 West Hedding Street San Jose, CA 95110 Dear Ms. Esser, On behalf of our entire city council, thank you for your participation in the city of Cupertino’s recent study session on the Lehigh quarry and cement plant. Please also pass along our special appreciation to Mr. Rudholm for his professionalism in dealing with this very difficult subject. As part of the study session, several questions were raised regarding Notices of Violation (NOVs) which have been issued by the county for violation of the terms of the reclamation plan at the Lehigh site. It would be enormously helpful if you would help clarify the nature of the NOVs and any resulting corrections, amendments, or enforcement actions taken by the county. Thank you again for the ongoing assistance from you and your staff on this issue. Sincerely, Kris Wang, Mayor cc: Board of Supervisors Dr. Jeffery Smith, County Executive 170 DEPARTMENT OF PARKS AND RECREATION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3110 www.cupertino.org STAFF REPORT Agenda Item No. 14 Meeting Date: August 3, 2010 Subject Adopt ordinance prohibiting the feeding of birds in City parks. Recommended Action Conduct first reading of ordinance. Description Over the past few years, residents’ complaints about duck and geese fecal matter creating a nuisance at Memorial Park, has increased. Staff, along with the Parks and Recreation Commission, has researched different alternatives to reduce the number of geese and ducks at Memorial Park. The ideas discussed included: • increased education regarding the negative impacts of feeding the ducks and geese with human food • the use of a non-toxic spray for the grass and • using dogs to chase the geese and ducks Cupertino Naturalist, Barbara Banfield, has developed a new informational flyer encouraging people to not feed the ducks and geese. The flyer is posted on the Cupertino website and distributed at the Senior Center and Quinlan Community Center. Staff talked with the manufacturer of the non-toxic spray and learned that it would not be a good product for Memorial Park. While the spray is non-toxic when it is on the grass, it can irritate the throat and eyes when it is in the air. This would require staff to wear protective gear when spraying and Memorial would need to be closed during spraying. Several cities have tried border collies with a professional geese busting handler. While this appears to have worked at Shoreline in Mountain View, staff did not feel it would be conducive for Memorial given the concerns people expressed during the dog park process and the close proximity of the children’s playground to the ponds at Memorial. While doing the research on this issue, staff learned that an ordinance prohibiting the feeding of birds in parks was a necessary step to address this issue. The Cupertino Municipal Code does not currently have such a prohibition. The Parks and Recreation Commission recommends to the Cupertino City Council that such an ordinance be adopted. The proposed ordinance is Attachment A. Other jurisdictions including Mountain View and Santa Clara County have ordinances prohibiting the feeding of ducks and geese. 171 August 3, 2010 Cupertino City Council Page 2 The number of geese and ducks at Memorial Park has caused problems for park users and parks maintenance staff. The fecal matter has made the park unpleasant and unhealthy for park users. Keeping the park clean of the fecal matter is also difficult. In addition, the cleanup of the fecal matter from the Memorial Park ponds is also an arduous process. One of the reasons for the increase in ducks and geese is that people feed them with human food. While this may seem like a friendly gesture, it is very hard on the birds. Ducks, geese and other waterfowl are physically designed to eat natural foods growing in the environment to stay healthy and light for flight. When ducks, geese and other waterfowl are fed human foods, their organs become engorged and fatty on the inside and they quickly die from malnutrition, heart disease, liver problems and other health complications. An overfed, malnutritioned duck or other waterfowl is sluggish and can’t escape predators. Further, feeding ducks and other waterfowl adversely affects natural migration patterns, which are critical for their ongoing survival. The flyer on the negative impacts of feeding waterfowl is Attachment B. Fiscal Impact The annual cost to keep the pond clean of the excess fecal matter is $45,000. The pond has to be drained three times a year at a cost of $15,000 per each time. If Council approves the proposed ordinance, persons cited for violation of the ordinance would be subject to a fine of $100 for a first offense, $200 for a second violation within one year, and $500 for a third violation within one year. Although, staff recommends a warning for the first violation for the first year, there could be some modest revenue from the fines. Finally, there would be a modest cost to install new signs indicating that feeding ducks and geese was prohibited and citing the specific section of the Municipal Code. Coordination This report has been coordinated with Code Enforcement, Public Works, and the City Attorney. Prepared by: Mark Linder, Director, Parks and Recreation Reviewed by: Approved for Submission by: David W. Knapp, City Manager Attachments: A. Draft ordinance B. Flyer 172 August 3, 2010 Cupertino City Council Page 3 173 Attachment A ORDINANCE NO. 10-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING SECTION 13.04.130 P OF THE CUPERTINO MUNICIPAL CODE PROHIBITING THE FEEDING OF BIRDS IN CITY PARKS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment. Section 13.040.130 P of the Cupertino Municipal Code is hereby adopted to read as follows: Section 13.04.130 O. Feeding Birds Prohibited. No person shall feed or in any manner intentionally provide food to any bird in any city park. Section 2. Statement of Purpose. This Ordinance is intended to prohibit the feeding of wild birds in city parks. In the absence of such a rule, many people, while well-intentioned, create numerous adverse consequences, including the spread of disease, sickness of the birds, and competition for habitat by non-native species. Section 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the _____ day of __________ and ENACTED at a regular meeting of the Cupertino City Council the _____day of __________ 2010 by the following vote: Vote Members of the City Council 174 Ordinance No. 10-___ Page 2 Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______ City Clerk Mayor, City of Cupertino 175 City of Cupertino Parks and Recreation Department Creating a positive, healthy and connected community PLEASE DON’T FEED THE DUCKS OR GEESE Feeding waterfowl creates problems for the birds as well as the environment. Enjoy the park’s waterfowl by observing them from a distance. • Feeding waterfowl can cause too many ducks and geese to remain in this area. As more ducks and geese remain in one area to take advantage of the free food hand‐outs their population density will increase. Crowded conditions often lead to increased aggression between birds. Intense competition for good nesting sites in this area means some birds will nest in places that put their offspring at risk. • Feeding waterfowl degrades the environment. A large population of waterfowl in an area will cause water quality to decline due to high levels of animal waste. Unconsumed bread and other food also fouls the water. • Feeding ducks and geese spreads disease. The water quality degradation and the crowding that result from feeding ducks and geese are conditions that often lead to the spread of waterfowl diseases such as avian cholera, avian botulism and duck plague. • Feeding waterfowl can cause nutritional problems in ducks and geese. Wild ducks are adapted to a diet of fresh vegetation, seeds and protein‐rich aquatic insects and other invertebrates. Canada geese feed on shoots, roots, seeds, bulbs, berries, insects, crustaceans and mollusks. Stale bread, pastries and other highly processed human foods can impact their health and lead to nutritional deficits. • Feeding can cause waterfowl to lose their natural fear of humans. A healthy fear of humans protects wildlife. Wild animals can quickly lose this instinctive fear of humans when they are being fed. This can put both birds and humans at risk of injury. Parks and Recreation Department 10300 Torre Avenue Cupertino, CA 95014 408-777-3110 www.cupertino.org 176 177 OFFICE OF THE CITY MANAGER CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org STAFF REPORT Agenda Item No. 16 Meeting Date: August 3, 2010 Subject: Designate an alternate board member for the Silicon Valley Regional Interoperability Agency (SVRIA). Recommended Action: Select representative from Council. Discussion Council recently agreed to join the SVRIA, a joint powers agency created to improve the ability of different public agencies to communicate with each other on a day-to-day basis and in emergencies. Council also delegated to the West Valley Mayors and Managers organization authority to designate the board member representing those five West Valley cities. The West Valley group designated Jason Baker, Councilmember from Campbell, as the board member and further determined that the position would rotate among the five cities based on the alphabetic order of the cities. Since the first board designee is from Campbell, Cupertino is next in order. Jason finds that he may have to miss a meeting of the board and has requested that an alternate board member be designated. Accordingly, Cupertino is being asked to provide the alternate board member to represent the five West Valley cities should our representative, Jason Baker, have to miss a meeting. Prepared by: Linda Lagergren Approved for Submission by: David W. Knapp, City Manager 178 DEPARTMENT OF PUBLIC WORKS CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org STAFF REPORT Agenda Item No. 16 Meeting Date: August 3, 2010 Subject: Amend the Cupertino Municipal Code relating to designated bicycle lanes and routes. Recommended Action: Conduct second reading and enact Ordinance Nos. 10-2063 and 10-2064. Description: An ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to designated bicycle lanes"; and "An ordinance of the City Council of the City of Cupertino amending Section 11.08.260 of the Cupertino Municipal Code relating to designated bicycle routes. Discussion The Circulation Element of the City’s General Plan, Policy 4-9, requires that the City “Promote a general decrease in reliance on private cars by accommodating and encouraging attractive alternatives”. Implicit in this policy is that bike lanes or bike routes be provided where feasible. Figure 4-C of the General Plan shows the locations of all existing and proposed bike lanes and bike routes within the City. Within the last several years, bike lanes and bike routes have been added in the field, as part of the City’s policy to implement the proposed bike lanes and routes in Figure 4-C. Ordinance Nos. 10- 2063 and10-2064 bring the Cupertino Municipal Code up to date with these field changes. These Ordinances also clarify existing information contained within Sections 11.08.250 and 11.08.260 of the Municipal Code by eliminating redundancies currently existing within these sections. Ordinance Nos. 10-2063 and 10-2064 were introduced at the City Council meeting of July 20, 2010. Staff recommends that Council conduct the second reading and enact these two ordinances. Prepared by: David Stillman Reviewed by: Ralph A. Qualls, Jr. Approved for Submission by: David W. Knapp, City Manager Attachments: Ordinance No. 10-2063 and Ordinance No. 10-2064 179 ORDINANCE NO. 10-2063 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.08.250 OF THE CUPERTINO MUNICIPAL CODE RELATING TO DESIGNATED BICYCLE LANES The City Council of the City of Cupertino does hereby ordain that Section 11.08.250 be amended as follows: Street Description Side Foothill Bouleard Freeway 280 to Stevens Creek Boulvard Both Stelling Road Homestead Road to Rainbow Drive Both Bollinger Road Miller Avenue to Narciso Court Both De Anza Boulevard Homestead Road to State Route 85 Both Bollinger Road Westlynn Way to the East City Limit North Blaney Avenue Stevens Creek Boulevard to Bollinger Road Both De Anza Boulevard Homestead Road to Bollinger Road Both De Anza Boulevard State Route 85 to Prospect Road West INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th day of July, 2010 and ENACTED at a regular meeting of the City of Cupertino this 3rd day of August, 2010 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________ ____________________ City Clerk Mayor, City of Cupertino 180 ORDINANCE NO. 10-2064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.08.260 OF THE CUPERTINO MUNICIPAL CODE RELATING TO DESIGNATED BICYCLE ROUTES The City Council of the City of Cupertino does hereby ordain that Section 11.08.260 be amended as follows: Street Description Side Mariani Avenue Bandley Way to De Anza Boulevard Both Rodriguez Avenue De Anza Boulevard to Blaney Avenue Both Rainbow Drive Bubb Road to Stelling Avenue Both INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20th day of July, 2010 and ENACTED at a regular meeting of the City of Cupertino this 3rd day of August, 2010 by the following vote: Vote Council Members AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________ ____________________ City Clerk Mayor, City of Cupertino 181