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M/S Foust/Howard to close the public hearing. The motion passed by a unanimous voice vote. Council asked for confirmation of the three conditions necessary to deny the use permit. City Attomey Yamamoto reminded Council that the three conditions for denial are esthetics, noise and safety. Upon request, he stated that the definition of safety is regulated by the local zoning ordinance in determining whether or not there is an adverse effect on the health, safety and welfare of the public. An example would be whether or not a tower can withstand a certain wind gust. Different from that is the notion of the radio frequency emissions and what, if any, health risk would arise from the radio frequency emissions. The Federal Commissions Act states that a local entity must forward all complaints to the Federal Communications Commission. Various other questions were asked by Council related to the current use permit and how a church is allowed to operate within a residential zone. Council Members made comments regarding the motion that included necessary staff accountability for compliance with the use permit and that continued outreach is necessary. Council requested that staff study other jurisdictions' methods for co- locating and siting of antenna, and utilize the information in possible revision of the City's ordinance. Vice Mayor will assist in writing a letter to Congresswoman Anna Eshoo to share the concerns of residents about the radio frequencies and encourage the FCC to continue and monitor. Recommendation: M/S Bain /Foust to uphold the Zoning Administrator decision and deny the appeal of Mary Browne and Gerald Nagel based on a review of the staff reports for the February 28 and April 25 meetings, the administrative record and public testimony and find that: 1 The placement of the subject facilities, as conditioned by the Use permit and Architectural Permit, will meet the requirement of Redwood City Zoning Ordinance Article 38, including but not limited to, operation and maintenance; height; setbacks; distance; area; color; and screening. 2. The subject facilities will comply with the radiation requirements established by the Federal Communications Commission (FCC) and that the City is preempted by Federal law regulating the placement of such facilities that comply with FCC regulations related to radiation. 3. Conditions contained in Use Permit 62 -01 and Architectural Permit 63 -01 are limited to Verizon, Inc. and do not extend to the subject application. JOINT CITY COUNCIL AND APRIL 25, 2005 REDEVELOPMENT AGENCY MEETING MINUTES PAGE 8 MINUTES BOOK NO. 60 Page No. 459