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04-16-03 Minutes - GPCTOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95030 (408) 354-6872 ------------------------------------------------------------------------------------------------------------ SUMMARY MINUTES OF A SPECIAL MEETING OF THE GENERAL PLAN COMMITTEE OF THE TOWN OF LOS GATOS, APRIL 16, 2003 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. ------------------------------------------------------------------------------------------------------------ The meeting was called to order at 5:35 pm by Chair Mike Burke. ATTENDANCE Members Present: Mike Burke, Josh Bacigalupi, Sandy Decker, Phil Micciche, Joe Pirzynski, Lee Quintana, Mark Sgarlato, Mark Weiner. Members Absent: Jo Zientek Staff Present: Bud Lortz, Director of Community Development; Tom Williams, Assistant Director of Community Development; Suzanne Davis, Associate Planner; Erica Viola and Chris Anderson, LRC Communications (Town consultants). Others Present: Tim Boyd; Anthony Caselli; Ken Cunnizzaro; Laura Crowe; Ray Davis; Gail Denning; Gerry DeYoung, Ruth & Going/Cingular Wireless; Jim & Gini Doss; Jim & Ferne England; Steve & Judy Glickman; Gregory Hardiman; Bill Hirschman; Bill Hoeft; John Housley; Egon Jensen; Phil Nielson; Larry Paulding; Steve Richard, PG&E; Judy Rowland; Luke Stamos, Ruth & Going/Cingular Wireless; John Tice, Sam & Lucille Weidman, Victoria Willcox, AT&T Wireless; Richard Zai; Mike Zukin Verbal Communications: Ray Davis said that he intends to shed some light into the dark corners. One of the most reprehensible things that has happened recently in the Town is the Planning Commission hearing on the Tree Ordinance. At some point staff advised the Commission that the Town Council had said that there was to be no large deviation from the draft ordinance. The Planning Commission under the law has the charge to act autonomously. He has never heard such an abomination. It is outrageous. ITEM 1: TELECOMMUNICATIONS ORDINANCE Mike Burke introduced the item, noting that this is a public meeting, although it is not a public hearing. Opportunity will be provided for public input at Planning Commission and Town Council public hearings. The purpose of tonight’s meeting is to facilitate input from the public, foster discussion by the General Plan Committee and formulate a recommendation to the Commission and Council. Public Comments: Bill Hirschman, 15585 Los Gatos Blvd., said he is here to basically support the draft telecommunications ordinance. He feels it is well written. He suggested the following alternative language: Section 6, page 7: using the setbacks of the zone the antenna will be located in is very important. The proposal to have setbacks for structures be at the discretion of the Director should be changed to be a specific requirement. If it is discretionary, it makes it difficult for an applicant to plan and know what is acceptable. Section 3: approval at staff level, says that facilities cannot be visible. If they are a CUP is required. He feels that if a facility meets all of the locational criteria, and is not obtrusive, it should be allowed to be approved at the administrative level. Mike Zukin, 111 Vista Del Prado, said he understands that location will be restricted. He uses his cell phone frequently for his job and there are spots near his home where reception is not very good. He would like to see rules liberal for facilities in commercial zones. Victoria Willcox, AT&T Wireless, thanked Tom Williams and the Committee for allowing all parties to be involved in the process. In response to the request to have a 50 foot setback from residential property lines, that would eliminate PG&E towers for location of facilities and would leave dead zones in some areas. She requested that the Town use the setbacks from the underlying zone the facility is located in. An administrative process motivates carriers to meet strict requirements in order to have a faster review time. In response to a question from Lee Quintana, Ms. Willcox said that the number of antennas that can be located on a PG&E tower will be limited by the need to have the antennas up high enough and to not conflict with one another. She couldn’t state a specific number of antennas that might be possible to locate on the same tower, but she has seen two to three carriers with antennas on a single tower. Sam Weidman, 215 Carlester Drive, had questions on the matrix that was attached to the agenda. He questioned the fall zone/150% height. Relative to graffiti, there is a reference to a code, but he did not know if it is the Municipal Code or another source. He would like to see RF emissions measured once the antenna is installed. Otherwise it might not be done for up to a year after antennas have been installed. Tom Williams explained that the intent is to require a 150% fall zone for new antennas (50% higher than tower height). Bud Lortz said that the Town has a Grafitti Policy, and that is what was referenced. Larry Paulding, 297 Carlton Way, said that he has already submitted several letters so his position is known. He referenced a conversation he had with the Director and Assistant Director, where it was stated that it might be appropriate to not allow antennas to be located on R-1 zoned properties. He noted that the map showing a 50 foot setback from residential zones still allows for antennas to be located. Bud Lortz clarified that if an R-1 zone property is developed with a single family home it should not be allowed to have a facility. General Plan Committee Special Meeting of April 16, 2003 Page 3 of 9 Lucille Weidman, 215 Carlester Drive, noted that written comments have been submitted. She would like to see a single ordinance, not a two part document. She feels very strongly about this. Discretionary changes should not be allowed at staff level. Mike Burke noted that the draft ordinance will go forward as written, with a recommendation from the General Plan Committee. It will be up to the Town Council to decide on whether to have standards and an ordinance or a single document. Laura Crowe, 120 Lester Lane, said she authored a number of the changes submitted to the Committee so she won’t reiterate those. She asked how many people had cell phones, and how many people are certified in CPR. She said that in an emergency situation, it is advised that cell phones not be used because the response time can be as much as 15 minutes. That is enough time that someone could bleed to death or stop breathing. She also has a concern about the fall zone. It is just as important to apply this standard to old towers as new. Joe Pirzynski said he appreciates Ms. Crowe’s comments. He has used his cell phone in emergencies, but the key is to not call 911. He calls Los Gatos Police dispatch to get an immediate response (354-8600). Jim Doss, 257 Longridge Road, thanked everyone for working on this over an extended period it has been going on. He is concerned that buildings around equipment be built to code, and that noise be addressed. Tom Williams noted that the Uniform Building Code (UBC) is referenced. The Town building imspectors will evaluate noise levels. Bud Lortz noted that equipment will be placed underground in residential areas, so that will help buffer the noise. Gerry DeYoung, Ruth & Going, representing Cingular Wireless, said that the locational preference for PG&E towers may conflict with the desire not to locate in R-1 zones. Carriers should be encouraged to locate on PG&E towers. He feels it would be inappropraite to not allow location on towers. Luke Stamos, planning consultant representing Cingular Wireless, commended staff on a well thought out ordinance. Providers typically locate at schools, churches, and on PG&E towers. They are mandated now to have GPS on all antennas. Once a 911 call is put in, it triangulates, although he wasn’t certain of the response time. It is important to be able to serve communities for health and safety, and to provide service to subscribers. Sandy Decker asked about changing technology and competition among providers. She noted that the Town is 14 square miles with 80% residential. There are numerous co -located facilities in the Town already. She would like to see a wider spectrum without having to add more antennas. She asked if more providers are co-locating. Mr. Stamos said yes, although he has not seen antennas that can increase coverage while reducing the number of antennas. General Plan Committee Special Meeting of April 16, 2003 Page 4 of 9 Mark Sgarlato agreed with Ms. Decker. He would love to have more technical information. Mike Burke asked Mr. Stamos to describe microcells. Mr. Stamos explained that a microcell is a cabinet about 10-inches tall, 16-inches wide and four-inches deep. They are flush mounted on telephone poles. They have about a tenth the capacity of a typical facility so there sometimes have to be more of them. Anthony Caselli, 120 Oak Park Drive, said he is a firm believer in wireless service and he supports it fully. It si important to be able to communicate. He has called 911 and has received immediate response. As an attorney, he said the more strict a statute is, the more difficult it is when an exception comes up. He believes the Town is doing the right thing by getting input from the community. Richard Zai, 106 Lester Lane, said he worked in wireless engineering for 10 years. He believes in wireless communication. However, cellular companies are just trying to make money. People living in Los Gatos do so for the home environment. Locating antennas in th e Town to provide coverage for outside areas is not necessary. He feels the fall zone criteria should apply to existing towers, not just new ones. Today’s technology can provide coverage just about any place, its just a matter of cost. Mark Weiner asked if carriers today have a choice among antenna types. Mr. Zai said he thinks yes, they typically try to use the least expensive antennas, but propose other types when required by a community. There are a number of choices for providers. Gerry DeYoung said in his experience cities typically require as stealth a building as possible. Initially companies put up high towers. When PCS technology came along, smaller antennas were developed. However, due to the number of antennas and the proximity of them to one another, coverage has been a problem. Cingular is trying to make antennas as small and discreet as possible. Adding screening sometimes calls more attention to the antennas. Of approximately 100 applications they will make this year, about 60 will be modifications to existing facilities trying to get better coverage. Phil Micciche asked about practice in Japan as he thought he had heard that mentioned earlier. Mr. DeYoung said he is not familiar with it. Josh Bacigalupi asked if antennas can be located within architectural features such as a cornice. Mr. DeYoung said Cingular does use this practice. They have located antennas on brick, and painted them to match so they blend in well. Also, antennas have been located in bell towers. Josh Bacigalupi asked if the geometry of antennas can be changed. Mr DeYoung said he is not familiar with a technology that can do that. Sandy Decker asked if the optimal locations for antennas in Los Gatos have changed over the years. Mr. DeYoung said that some sites that were located six or seven years ago have now been found to have been located in the wrong place. The ability to locate antennas in a place General Plan Committee Special Meeting of April 16, 2003 Page 5 of 9 where they can work in conjunction with other antennas in the area is important. Joe Pirzynski asked about an earlier comment that the draft ordinance is well written and provides good direction to providers who may wish to locate facilities in the Town. He wanted to verify that this was accurate. Mr. DeYoung affirmed that is what he had said. Joe Pirzynski asked about providers who try and take the path of least resistence, and whether providers will indeed use the highest level of technology available. With the ordinance as currently written, does it meet that expectation? Mr. DeYoung said he thinks it does. The ordinance is reasonable and fair. All providers ask is to be able to make a case for each individual site. He doesn’t know if the ordinance will get the Town the absolute cutting edge technology, but he believes that if it is needed to make a site work, that’s what will happen. Bill Hoeft, 16780 Farley Road, said he supports the ordinance. It provides a balance between the need for coverage and service and residents’ needs. Josh Bacigalupi left at 6:40 pm. John Housley, 17064 Pine Avenue, said he is in favor of moving Los Gatos into at least the 20 th century, and hopefully the 21st. Contrary to what was said earlier, he believes that cell phones are good for emergency situations. Progress goes on, and he believes that the Town needs to keep up. Ken Cunnizzaro, 155 Tait Avenue, thinks it is wonderful that the Council is going to address the issues. He believes that the industry will provide LBS (location based services) within the next year. He talked about other new technologies that are coming. We need to embrace them and figure out a way to integrate them into the community. It might be valuable to invite some engineers from service providers to explain the coming technology. Sandy Decker asked how close the carriers are to sharing equipment. Mr. Cunnizzaro said there will probably be fewer carriers over time. That could be a good thing because there won’t be as much competition to locate in the same areas in order to provide service. The Tel ecom Act is changing over time. He believes the industry will do right and will provide service while working within the ordinance. Mike Burke asked about 8021B, wireless access points and 80211. Mr. Cunnizzaro said that fair and balanced coverage is needed. The two technologies are very different, and can’t always be covered together. Mark Weiner asked dif it makes sense to add addendums to the ordinance as new technologies evolve. Mr. Cunnizzaro said if it isn’t covered now, it should be. Tom Williams said that by design, the ordinance did not specify technology. There is a provision allowing the Director to request special studies as needed. By keeping the ordinance open, it is not limited to current General Plan Committee Special Meeting of April 16, 2003 Page 6 of 9 technology. Lee Quintana said Mr. Cunnizzaro is obviously very knowledgable and asked where his knowledge base came from. Mr. Cunnizzaro said he works in the industry and has been involved in computers and communications for the past 25 years. Ray Davis said he is here in the public interest. He doesn’t make a buck for coming to these meetings. Seven years ago in Orinda we went through this. The industry representatives today are here to muddy things up. There are two separate charges. There are two different documents here, and how can anyone attempt to talk about two documents in three minutes. There is a huge problem in finding a representative in the RF field who doesn’t have a conflict of interest. He heard the industry getting lots of extra time to speak, and he wants things to be fair. Mike Burke asked Larry Paulding to explain what the hot buttons were from the residents’ standpoint. Mr. Paulding said that representatives of the industry stated they can provide the technology. He believes that providers can locate with a 50 foot setback from residential areas. None of the comments from residents conflict with that. Basically the ordinance has been written by the Planning Department and comments from residents have not been included. Bud Lortz said any recommendations from the Committee will be forwarded to the Planning Commission. The Commission’s comments will be forwarded to the Town Council along with all of the information received up to that point. John Tice, 420 Alberto Way, said the ordinance has grown over the last nine months. He has taken the time to attend all of the meetings along with Lucille and her group. He stressed that the role that the cell phone plays in general emergencies such as the 1989 earthquake, and in specific emergencies such as accidents or reporting crime, is very important. The Police Dept. advises people to call 911 in an emergency. He feels the approach taken by the Town is important and should be adopted. Tim Boyd 120 Lester Lane, thanked the Committee members for being here on an evening when they didn’t have to be. Residents have already presented letters and changes to the ordinance to improve it. He talked about an antenna that was installed about a year ago that negatively impacted a nearby resident due to light intrusion and noise impacts. There is technology out there to help hide antennas and to lessen the impact on people. He believes the ordinance should be as restrictive as possible. Bud Lortz asked the Committee to comment on three areas: 1. The concept of an ordinance and related standards versus a single integrated ordinance 2. Administrative approvals versus all applications being subject to the CUP process. General Plan Committee Special Meeting of April 16, 2003 Page 7 of 9 3. Impact on residential. Lee Quintana would like to see the standards integrated into the ordinance. Not everything from one is included in the other. It is rather cumbersome to have to go back anbd forth between the two documents. Phil Micciche asked what the advantages are to have two documents. Bud Lortz said it sounded like there was a need to have a set of standards to support the ordinance. The standards can then be amended as technology changes. Sandy Decker asked how difficult it is to combine the two. Bud Lortz said they can be combined. It is not typically to have “shoulds” in the Town Code however, and he would like to talk to the Town Attorney about it. He also clarified that the standards cannot be modified by an individual. Modifications would be required to go through the Planning Commission and Town Council. Sandy Decker asked if standards are necessary. Bud Lortz explained that it will help provide better direction to providers. The standards explain the intent, and what the Town is trying to achieve. Sandy Decker said that she would like to make it easy for people to use. Perhaps it could be used as an addendum. Bud Lortz said that a cross reference is typically placed in the Code referencing any related standards. Mike Burke is comfortable with the split given that changes have to be approved by the Council. There was Committee consensus on keeping the ordinance and standards separate. Joe Pirzynski said he understands the concern about the practicality of this, but it helps facilitate the process and provides the teeth that the Town wants. Administrative Process vs. CUP Joe Pirzynski said that the Town should facilitate the process to providers who meet all of the rules. In answer to a question from Phil Micciche, Bud Lortz explained that trying to get a better proposal is the reason for allowing an administrative approval. An application would probably go through the DRC and public notice is provided. Sandy Decker is concerned about providing protection to the community. She is inclined to require the CUP process for all applications. General Plan Committee Special Meeting of April 16, 2003 Page 8 of 9 Lee Quintana said that if we can have an administrative process that meets all of the intentions, that would be a good thing. However, given some of the testimony she has heard tonight, she is concerned about changes to existing facilities, and is undecided on whether to require a CUP for all facilities. Mark Weiner asked about the load on staff if a CUP is required for all applications. Bud Lortz said it does have an impact. The department is trying to be as efficient as possible, and to be fee recovery. The Town is also trying to build capacity within the process to allow staff decisions rather than having everything go to the Commission and Council. Provided that the standards are clear, and he believes they are, the Director always has the ability to refer an application to the Commission if it is problematic. He would always err on the conservative side. The standards require documentation to support compliance with the ordinance and standards. Sandy Decker left at 7:25 pm Mike Burke asked if wireless carriers are required to submit a master plan, could that go through a CUP process, and then subsequent applications go through an administrative process. Bud Lortz said that master plans won’t be adopted as that would lock locations in. There was Committee consensus on allowing administrative approvals. 50 foot setback from residential Bud Lortz said that if a 50 foot setback is put in place, it would eliminate PG&E towers because the corridor is only 100 feet wide. Lee Quintana would like more information of areas that would be impacted by a 50 foot setback when this comes forward to the Planning Commission. Mark Weiner suggested providing a list of exceptions such as commercial buildings located within 50 feet of a residential area, or PG&E towers. Committee consensus was that if antennas are proposed less than 50 feet from residential, a CUP will be required. Noise Lee Quintana would like to see no increase in ambient noise level. Mark Weiner would like to see a baseline set so it is measurable. Committee consensus was to have facilities as quiet as possible. Locating on existing structures adjacent to residential Mike Burke would like to see some flexibility. General Plan Committee Special Meeting of April 16, 2003 Page 9 of 9 Joe Pirzynski said the purpose is to help providers find the best site that will have the least impact on adjacent neighborhoods. He would like to encourage other locations such as schools and inside buildings. Bud Lortz noted that facilities located on PG&E towers, equipment will be required to be placed under ground. Lee Quintana would like to see preference to locations inside buildings. Mike Burke said that facilities on roof that are screened by a parapet are also acceptable. He asked if point to point service will be in conflict with the ordinance. Bud Lortz said no, that is similar to small satellite dished people put on their homes to get better TV coverage. Joe Pirzynski said he appreciates the language that has been developed. It has been a good exercise. He appreciates all of the dialog that has taken place. We all want to very vigilant in moving this forward. The meeting was adjourned at 7:45 pm by Chair Mike Burke. Approval of minutes will be carried forward to the next meeting. Prepared By: ___________________________ Suzanne Davis, Associate Planner N:\DEV\SUZANNE\GENPLAN\GPC\2003Minutes\GPC-4-16-03.wpd