Council’s “Hands Are Tied” in Cell Tower Approval

Despite neighbors’ outcry, the Santa Clara City Council approved installation of three cell phone towers.

After postponing the decision three times, the planning commission approved the towers, set to be installed at 3111 Benton St., last year. However, a man representing a group of more than 100 neighbors to the 40-foot poles appealed the matter to the council Tuesday night.

Vignesh Vivekraja said he and his neighbors are not opposed to the towers, just its location.

The AT&T towers, set atop light poles, are set to be in a Baptist church parking lot, where T-Mobile and Verizon already have similar devices installed.

Steve Proo, a representative for AT&T, said the towers will “significantly improve” the company’s coverage area.

During his presentation, Vivekraja raised several concerns, all of which had already been discussed during the four planning commission meetings. Those concerns included a decrease in property values, health concerns and the look of the towers.

“Bad aesthetics alone is enough reason that the city council can reject this,” Vivekraja said. “The viable alternatives have not been exhausted, and the church site is just AT&T’s convenience, and that is the reason it is being pursued.”

The city need not “rush to a decision,” Vivekraja said. Instead, it can take adequate time to find an alternative site for the towers, he said.

However, because of the project’s “shot clock,” had the council failed to approve the project, it simply would have defaulted to the planning commission’s decision and gone ahead anyway.

AT&T had already agreed to several “shot clock” extensions but refused to delay the project any further.

Whether the towers would decrease property values was a sticking point for many. AT&T commissioned a report that showed the poles actually increase property values slightly. Although, as many noted, the report was not peer reviewed.

“It is my professional opinion that due to a buyer’s perceived health hazards … homes in the immediate vicinity would be negatively impacted in property values,” said Shirly Shinn, a realtor who opposed the project.

While several members of the public raised issues of “health concerns” caused by exposure to cell phone towers, the law prohibits the council from considering it. Although many compared cell phone frequency to asbestos or lead, scientific evidence had not concluded that it is harmful to humans.

Afshan Hamid, director of community development, told the council that the project was assessed under the “classic code” because it was conceived before the city updated its zoning code. However, she said it meets the updated code as well.

While explaining her reason for supporting the project, Vice Mayor Kelly Cox said she was aware her decision would be unpopular.

“We have a responsibility to act within what we are allowed to,” she said. “When it comes to decisions we are making on preference, we can say ‘not in my backyard,’ but that doesn’t solve a problem. It just makes the next group of people mad when it’s in their neighborhood.”

Because Council Member Albert Gonzalez recused himself, the first vote to pass a slightly modified version of that recommended by city employees failed in a tie vote. Council Members Kevin Park, Raj Chahal and Suds Jain opposed it.

“We are left with very few options,” Jain said. “I think we have run out of options.”

A second vote passed narrowly passed with Jain changing to support.

But even Mayor Lisa Gillmor, who supported both motions, said the council’s “hands are tied.”

“This is one of those things that I hate to do; I hate to support this,” she said.

The next scheduled meeting is Tuesday, March 4, in the Council Chambers at City Hall, 1500 Warburton Ave. in Santa Clara.

Members of the public can participate in the City Council meetings on Zoom at https://santaclaraca.zoom.us/j/99706759306; Meeting ID: 997-0675-9306 or call 1 (669) 900-6833, via the City’s eComment (available during the meeting) or by email to PublicComment@santaclaraca.gov

Contact David Alexander at d.todd.alexander@gmail.com