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Mary Browne stated that she attended the meeting of April 4 and it was a fiasco with yelling and shouting. She stated that noting was accomplishèd except that the moderator stated that the church is a business and it is out to make money. She stated that last May she had major surgery on her head involving 7 doctors. She further stated that doctors said her condition could possibly have been caused by something around the neighborhood. Her major concern was the nursery with all the babies Karen Donnelly, a neighbor of the church, stated that she is not in favor of granting the use permit for several reasons. In looking at the health concerns, she urged taking the precautionary approach considering the children in the area and particularly, her 16-month old son. She asked that Council consider the jury is still out on some of the studies and there is not a very clear picture of exposures and long term effects. She expressed concern that some of the conditions on the existing use permit are not being followed and monitored by City staff. Her last point pertained to property values, stating that due to the concern with the towers it could prove difficult to sell properties for the amount they should fetch. Tom Spaulding, representing the applicant, stated that the design is exactly the same as presented in February. He stated that a community meeting was held on April 4 from 7-9 p.m. with notices sent to approximately 82 people and 20 people attended. He further stated that Bob Weller of Hammett & Edison who provided information to the public on radio frequency emissions. There was testing of two residences for existing levels. He further stated that the location of the site was chosen because it serves a gap in the area and also feeds EI Camino Real, Farm Hill Road and Roosevelt Àvenue. Council questions were asked related to the Federal standard adopted in 1997 and the Institute of Electrical and Electronics Engineers (IEEE) standard of 1999. MIS 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 Attorney 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. JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY MEETING MINUTES APRIL 25, 2005 PAGE 7