Exhibit CC 09-21-2010 No. 5 '� � / C C 710/ I / to
August 3, 2010 .,,� Cupertino City Council Page 7
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an impact stuc there was a lack of consistency because other antenna
applications had been denied; it was not in compliance with height regulations; and there
would be health issues including radiation pol:_ution and negative psychological effects.
Senior Planner Colin Jung commented that this project was in compliance with the General
Plan and Heart of the City. It provided better communications coverage which resulted in
increased safety in the city. He stated that staff followed public noticing rules established by
the city and in this case property owners within a 1,000 foot radius were notified. Property
owners were responsible for notifying their tenants /renters.
Public Information Officer Rick Kitson referred to the survey done by the TICC and staff that
resulted in many comments about the levels of frustration in the city regarding cell phone
coverage. Additionally he noted that AT &T and Comcast were now provided under a state
franchise and were no longer required to cover more than half the city. WiMax was an
alternative for providing broadband service to residents.
City Attorney Carol Korade referred to the Telecommunications Act of 1996 which stated
that health and safety concerns could not be used as criteria if the project was below FCC
standards. The act also required that even with an aesthetic determination, Council would
have to show findings in evidence that the proposed antenna was not necessary to close a
significant gap in coverage and that there were alternative locations for such a facility.
Furthermore, it needed to be more than conjecture and Council would have to make factual
testimony on these findings in the record.
Chang moved to postpone discussion of this appeal item for two weeks. The motion failed
due to lack of a second.
Mahoney moved and Santoro seconded to deny the appeal and modify the director's
conditions of approval to require radio frequency (RF) energy testing by a third party, paid for
by the applicant, at project installation, six months, one year and three year increments. Test
results shall be reported to the city in writing. If RF energy exposures exceeded present FCC
exposure standards and any future modifications thereof, the test results shall be reported to
the FCC for enforcement action, the Director's approval will be withdrawn and appropriate
city action will be taken. To ensure resident's legitimate concerns are addressed, the applicant
shall post a company telephone hotline number on the base equipment enclosure. The
motion carried with Councilmember Chang a: Vice -Mayor Wong v oting no.
Councilmember Chang stated for the record: "I will vote no on it, not because I am against
your company, but it doesn't mean I have to roll over all the public opinion of the residents
who are concerned about it. I'm not concerned about, but that doesn't mean as a City
Councilmember I shouldn't listen to constituents. I have no problem with cell tower where I
live. In this case I feel City Council not listening to the constituents' concerns and doing the
right thing, so I'm going to vote no."
Vice Mayor Wong concurred with Councilmember Chang's statement.
C' c_ 7 7z ( / a • 211 15—
C
Kahrizak Foundation - USA
August 15, 2010
Cupertino City Council
10300 Torre Avenue
Cupertino, CA 95014
RE: Fee Waiver for Special Event held on March 13 and 14, 2010
Dear Sir or Madam,
Thank you in advance for your consideration of our request for waiver of Quinlan
Community Center rental fees for our event.
Kahrizak Foundation is a California tax - exempt 501(c)(3) organization, tax ID 95-
4463572 with long -time roots in the city of Cupertino. We host an annual Bazaar in the
Quinlan Center which serves to raise funds for the elderly and disabled as well as other
timely causes such as earthquake relief. The goal of Kahrizak Foundation is to provide
housing for disable and elderly. Where the spirit of hope and happiness among residence
is felt. A home where everyone is treated with love and respect and residence will live
active and productive lives with dignity and pride.
Kahrizak Foundation and its subsidiary Ladies Charitable Society have been warmly
recognized by the United Nations and have garnered a great deal of international acclaim
for the nursing facilities, care services and grants we have offered to various communities
for over 20 years. The number of supporters of these and our Bazaar efforts speak to the
high level of regard we have garnered throughout the world.
Our 18 Annual Bazaar was scheduled for Saturday and Sunday, March 13and 14, 2010
in the Quinlan Center. The event ran from 8:OOam through 6:OOpm on both days. In these
difficult economic times, it is more important than ever that we proceed with our tireless
efforts to serve the greater community. It is becoming increasingly difficult to support the
infrastructure costs and logistics of these ev°nts whose proceeds are meticulously
allocated for very important causes, such as rehabilitation of the elderly.
Kahrizak Foundation, Inc.
1250 Oakmead Parkway, SLite 210, Sunnyvale, CA 94085
Phone: 408 -501 -8820 Fax: 408- 501 -8817
Kahrizak Foundation is the process of opening the Noor Active Living Center , which
will be serving senior citizens in its own unique way.
Accordingly, we would like to request a waiver of fees for our 18 Annual Bazaar. It was
an important event that drew the larger Cupertino and Bay Area communities for a
unifying effort and we believe our event is well- deserving of such an exemption.
Please do not hesitate to contact us with any questions or concerns. We look forward to
your favorable reply.
Sincerely,
24,cIttc€04"---
Saeed shakeri
Kahrizak Foundation
Kahrizak Foundation, Inc.
1250 Oakmead Parkway, Suite 210. Sunnyvale, CA 94085
Phone: 408 -501 -8820 Fax: 408 -501 -8817
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Kahrizak Foundation, Inc.
1250 Oakmead Parkway, Suite 210. Sunnyvale, CA 94085
Phone: 408-501-8820 Fax: 408-501-8817