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Exhibit CC 11-16-2010 No. 26 At&T Mobility, Proposed Base Station, Results Way Attachment J e c //bhp AT &T Mobility • Proposed Base Station (Site No. CN3242A) Results Way • Cupertino, California (� Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of AT &T Mobility, a personal wireless telecommunications carrier, to evaluate the base station (Site No. CN3242A) proposed to be located at Results Way in Cupertino, California, for compliance with appropriate guidelines limiting human exposure to radio frequency ( "RF ") electromagnetic fields. Prevailing Exposure Standards • The U.S. Congress requires that the Federal Communications Commission ( "FCC ") evaluate its actions for possible significant impact on the environment. A summary of the FCC's exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety 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 follows: Wireless Service Freauency Band Occupational Limit Public Limit Microwave (Point -to- Point) 5- 80,000 MHz 5.00 mW /cm 1.00 mW /cm BRS (Broadband Radio) 2,600 5.00 1.00 AWS (Advanced Wireless) 2,100 5.00 1.00 PCS (Personal Communication) 1,950 5.00 1.00 Cellular 870 2.90 0.58 SMR (Specialized Mobile Radio) 855 2.85 0.57 700 MHz 700 2.35 0.47 [most restrictive frequency range] 30-300 1.00 0.20 General Facility Requirements Base stations typically consist of two distinct parts: the electronic transceivers (also called "radios" or "channels ") that are connected to the traditional wired telephone lines, and the passive antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are often located at ground level and are connected to the antennas by coaxial cables. A small antenna for reception of GPS signals is also required, mounted with a clear view of the sky. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line -of -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 toward the sky or the ground. Along with the low power of such facilities, this means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the antennas. _`? HAMMETT & EDISON, INC. AT3242596.3 '`t ` ' CONSU LTING ENGINHER5 L bs "fi SAN FRANCISCO Page 1 of 3 AT&T Mobility • Proposed Base Station (Site No. CN3242A) Results Way • Cupertino, California Computer Modeling Method The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, `Evaluating Compliance with FCC- Specified Guidelines for Human Exposure to Radio Frequency Radiation," dated August 199'7. Figure 2 attached describes the calculation methodologies, reflecting the facts that a directional antenna's radiation pattern is not fully formed at locations very close by (the "near- field" effect) 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 evaluating exposure conditions has been verified by numerous field tests. Site and Facility Description Based upon information provided by AT &T, including zoning drawings by Jeffrey Rome & Associates, Inc., dated September 30, 2010, it is proposed to install twelve Kathrein Model 800 -10764 directional panel antennas on a new 67 -foot steel pole, configured to resemble a pine tree, to be sited near the western edge of the parking lot located at Results Way in Cupertino. The antennas would be mounted in stacked groups of four at effective heights of about 58 and 65 feet above ground and would be oriented with up to 6° downtilt toward 20 °T, 140 °T, and 260 °T, to provide service in all directions. The maximum effective radiated power in any direction would be 3,090 watts, representing simultaneous operation at 2,150 watts for PCS and 940 watts for cellular. Presently located at a different site, on the roof of a building about 130 feet to the northwest, are similar antennas for use by Sprint Nextel. For the limited purpose of this study, the transmitting facilities of that carrier is assumed to be as follows: Operator Service Maximum ERP Antenna Model Downtilt Height Sprint Nextel PCS 1,500 watts Andrew RR9017 none 34'/2 ft Study Results For a person anywhere at ground, the maximum ambient RF exposure level due to the proposed AT &T operation by itself is calculated to be 0.0034 mW /cm which is 0.49% of the applicable public exposure limit. The maximum calculated cumulative level at ground, for the simultaneous operation of both carriers, is 0.73% of the public exposure limit. The maximum calculated cumulative level at any nearby building is 2.4% of the public limit. The maximum calculated cumulative level at the second -floor elevation of any nearby residence is 0.92% of the public exposure limit. It should be noted that these results include several "worst- case" assumptions and therefore are expected to overstate actual power density levels. * Located at least 245 feet away, based on photographs from Google Maps. s" HAMMETT & EDISON, INC. CONSULTING ENGINEERS AT3242596.3 g5 .. -Z!.: SAN FR Page 2 of 3 AT &T Mobility • Proposed Base Station (Site No. CN3242A) Results Way • Cupertino, California No Recommended Mitigation Measures Due to their mounting locations, the AT &T antennas would not be accessible to the general public, and so no mitigation measures are necessary to comply with the FCC public exposure guidelines. It is presumed that AT &T will, as an FCC licensee, take adequate steps to ensure that its employees or contractors comply with FCC occupational exposure guidelines whenever work is required near the antennas themselves. Conclusion Based on the information and analysis above, it is the undersigned's professional opinion that operation of the base station proposed by AT &T Mobility at Results Way 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 measurements of actual exposure conditions taken at other operating base stations. Authorship The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E -13026 and M- 20676, which expire on June 30, 2011. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct. c oEsso vie • � � 13028 ` A � ` ► ,, , IF cAAce---' co t7 M -2067 William F. Ham t, P.E. Exp. s 707/996 -5200 October 27, 2010 * 4 4C T6 i. * OF CAS qi " , jl HAMMETT & EDISON, INC. ,, CONSULTING ENGINEERS AT3242596.3 10: T r ,,r1 k„ : jr SAN ix,aNCMc-U Page 3 of 3 FCC Radio Frequency Protection Guide The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ( "FCC ") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, "Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields," published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements ( "NCRP "). Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1 -2006, "Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz," includes similar limits. These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive: Frequency Electromagnetic Fields (f is frequency of emission in MHz) Applicable Electric Magnetic Equivalent Far -Field Range Field Strength Field Strength Power Density (MHz) (V /m) (A/m) (mW /cm 0.3 — 1.34 614 614 1.63 1.63 100 100 1.34 — 3.0 614 823.8/f 1.63 2.19/f 100 18011 3.0 — 30 1842/ f 823.8/f 4.89/ f 2.19/f 900/ f 180/1 30 — 300 61.4 27.5 0.163 0.0729 1.0 0.2 300 — 1,500 3.544 1.59ff 4f /106 f /238 f /300 f/1500 1,500— 100,000 137 61.4 0.364 0.163 5.0 1.0 1000 /� Occupational Exposure 100 ' ! PCS .e g 10 4 ■ Cell a o El 1 � ` FM ' NM I•..∎ f 0.1 Public Exposure 1 1 1 1 0.1 1 10 100 10 10 10 Frequency (MHz) Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher levels also are allowed for exposures to small areas, such that the spatially averaged levels do not exceed the limits. However, neither of these allowances is incorporated in the conservative calculation formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for 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 any number of individual radio sources. The program allows for the description of buildings and uneven terrain, if required to obtain more accurate projections. HE HAMMETT & EDISON, INC. CONSULTING ENGINEERS FCC Guidelines SAN FRANCISCO Figure 1 RFR.CALC Calculation Methodology Assessment by Calculation of Compliiance with FCC Exposure Guidelines The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission ( "FCC ") to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The maximum permissible exposure limits adopted by the FCC (see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or thirty minutes, for occupational or public settings, respectively, do not exceed the limits. Near Field. Prediction methods have been developed for the near field zone of panel (directional) and whip (omnidirectional) antennas, typical at wireless telecommunications base stations, as well as dish (aperture) antennas, typically used for microwave links. The antenna patterns are not fully formed in the near field at these antennas, and the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) gives suitable formulas for calculating power density within such zones. For a panel or whip antenna, power density S = 180 0.1x' nC1 in mW/ 2, 0BW .rxD xh 0.1 x16x71xP and for an aperture antenna, maximum power density S max — x h2 m mW/ 2, where OBw = half -power beamwidth 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 antenna, in meters, and = aperture efficiency (unitless, typically 0.5 -0.8). The factor of 0.1 in the numerators converts to the desired units of power density. Far Field. OET 65 gives this formula for calculating power density in the far field of an individual RF source: 2.56 x1.64 :x 100 x RFF x ERP power density S = 4x xD 2 in mW /cm ir where ERP = total ERP (all polarizations), in 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 2.56 accounts for the increase in power density due to ground reflection, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half -wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density. This formula has been built into a proprietary program that calculates, at each location on an arbitrary rectangular grid, the total expected power density from any number of individual radiation sources. The program also allows for the description of uneven terrain in the vicinity, to obtain more accurate projections. HE HAMMETT & EDISON, INC. CONSULTING ENGINEERS Methodology SAN FRANCISCO Figure 2 Cc11 (ft)b C - .2 (o C upertino Chamber of Commerce Your Partner in Silicon Valley October 27, 2010 Cupertino City Council Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Dear Members of the City Council, I am writing to express the Cupertino Chamber of Commerce's support for the installation of an AT &T wireless tower at 1 Results Way. This investment in Cupertino's wireless infrastructure meets a pressing community need by extending robust service to Cupertino businesses. In 2007, the Technology Information & Communications Commission conducted a survey that found half of Cu- pertino businesses experienced fair, poor or non - existent cell phone reception. The study specifically identified Monta Vista/Bubb/McClellan as an area with poor reception. Extending improved wireless service to this area will help businesses conduct their operations, improve communication and public safety for residents, and provide ongoing benefit to the local economy. Not only will the installation provide enhanced service to the community, but will do so in a visually unobtrusive manner. The use of a stealth mono -pine tree pole mitigates concerns about aesthetics by blending the structure in with its surroundings. Given the compelling benefits for Cupertino businesses the Chamber respectfully requests you uphold the Planning Commission's approval of AT &T's application to invest in this key community asset. Sincerely, ,,i )tip fl r/ r Lynn Ching President, Board of Directors Cupertino Chamber of Commerce 20455 Silverado Ave, Cupertino, CA 95014 * 408 -252 -7054 * FAX 408 252 -0638 * www.cupertino- chambcr.org # 11/16/2010 CALIFORNIA CODE OF REGULATIONS ADOPTION ORDINANCE THREE -YEAR CODE CYCLE 1. To adopt the new 2010 California Code of Regulations as mandated by the State of California. 2. Adopt local code amendments developed by our local Tri- chapter Uniform Code Comrnittee (TUCC) and adopt local fire code amendments developed by the Santa Clara County Fire Marshals Association and endorsed by the Santa Clara County Fire Chiefs Association. NOTE: Some sections of the existing municipal code were deleted, revised or relocated to eliminate inconsistencies with the new codes for clarification and readability. CALIFORNIA CODE OF REGULATIONS ADOPTION ORDINANCE New 2010 California Codes (effective January 1, 2011): • 2010 California Building Code, Volumes 1 and 2 • 2010 California Residential Code • 2010 California Electrical Code • 2010 California Plumbing Code • 2010 California Mechapical Code • 2010 California Fire Code • 2010 California Energy Code • 2010 California Green Building Standards Code ?MO Mil 2010 2010 2010 281D ?n0 7D111 1 11/16/2010 LOCAL BUILDING AND RESIDENTIAL CODE AMENDMENTS Structural / Life Safety Amendments 16.04.350 Stability Coefficient Equation. 16.04.360 Concrete Isolated Footings. 16.04.370 Revise section 1908.1.8 ACI 318 -08 section 22.10.1. 16.06.070 Footings. 16.06.080 Roof Covering Classification. 16.06.090 Seismic Reinforcing. 16.06.100 Intermittent Brace Wall Panel Construction Methods. LOCAL FIRE CODE AMENDMENTS One -Two Family Dwellings and Townhomes — Fire Sprinklers New Buildings. All new buildings are required to be fire sprinklered in accordance with the California Fire Code. Existing buildings. Sprinklers are required throughout in additions resulting in >3,600 s.f. building. Exemption: Additions < 1000 s.f. is exempt. Basements. New basements and existing basements expanded by more than 50% would now require sprinklers. 2 11/16/2010 LOCAL FIRE CODE AMENDMENTS Commercial Occupancy Fire Sprinklers New buildings. Sprinklers are required throughout for buildings >1,000 s.f. Sprinklers are required throughout for buildings >500 s.f. in Wildland -Urban Interface Fire (VVUI) areas. LOCAL FIRE CODE AMENDMENTS Commercial Occupancy Fire Sprinklers (con't) Existing buildings. Sprinklers are required throughout in additions resulting in >3,600 s.f. building. Exemption: Additions < 1000 s.:E. is exempt. Additions < 500 s.f. in WUI areas are exempt. Basements. New basements and existing basements expanded by more than 50% would now require sprinklers. 3 11/16/2010 CALIFORNIA CODE OF REGULATIONS ADOPTION ORDINANCE New 2010 California Codes become effective on January 1, 2011. These local amendments become effective on the 31st day after the 2 reading. •2 reading is schedule to be on Dec 7th which would make our new local amendments become effective on Jan 7th, 2011. tam tam tam tom tom 2nm 2 o 2010 Recommendations Staff recommends that the City Council: Adopt the 2010 California Building Code with amendments. Adopt the 2010 California Residential Code with amendments. Adopt the 2010 California Electrical Code repealing two existing amendments. Adopt th9 2010 California Plumbing Code repealing two existing amendments. Adopt the 2010 California Mechanical Code Adopt the 2010 California Fire Code with amendments. Adopt the 2010 California Energy Code. Adopt the 2010 California Green Building Standards Code. 4