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Albany City Council Rejects Appeal to AT&T Cell Phone Towers

The council backed the Planning Commission and added one condition.

Albany City Council upheld a decision Tuesday by the Planning and Zoning Commission to allow AT&T to install its first cell phone antennas on a three-story office building on San Pablo Avenue.

The council’s decision comes nearly five years after the telecom provider first applied to the city to improve its coverage in the area. Approval for the new antennas by the Planning Commission in January was followed 13 days later by an appeal from Albany resident Heike Abeck. The city council rejected this appeal Tuesday night.

The planning commission rejected an application AT&T filed in 2008 last year, and when the appeal of that decision landed at the City Council, the council too turned thumbs down.

The commission decisions on both applications, and the council's decision on the first application, revolved largely around technical issues of conformance with zoning and building standards, such as height limits and amount of allowable rooftop structure.

AT&T sued the city over the denial of its first application in federal court in August, alleging that the city improperly applied its regulations and that the decision wrongly considered health concerns, even though the federal Telecommunications Act of 1996 forbids denying cell phone antennas on those grounds.

According to an email from the city clerk, AT&T will be required to test radio frequency levels every two years per Albany’s municipal code.

See all of Albany Patch's reporting on cell phone coverage in town. 

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Carla Harkness, center front with husband Bob, received the 2013 Lasallian Educator award at Saint Mary's High, May 17.  She is joined by other Educator honorees from prior years.
Peggy McQuaid May 20, 2013 at 11:26 am
Congratulations, Carla. The article failed to mention what a great neighbor you are.
Robby Sun May 20, 2013 at 10:37 pm
@Dover: The parent birds didn't look like doves. They were the commonly seen dull-yellowish birds.Read More Smaller than a pigeon but larger than a sparrow. Robins? I can't tell for sure. We checked the abandoned nest. To my eyes, it was well built, and stably setup between grape branches. It didn't capsize. The dead baby birds were found at least 5 feet away from the ground right beneath the nest. Something must have got them out of the nest and killed them. We didn't look at the corpses in detail to decide the cause of death though.
Robby Sun May 20, 2013 at 10:09 pm
@Ross: I was wondering that too. It could be the squirrels, which were very active in my backyardRead More and the neighborhood. They still are very active.
Dover May 20, 2013 at 09:31 am
I agree with Ross. A predator would have eaten those yummy, tender, tasty baby birds. It soundsRead More more like a case of incompetent nest construction to me. Were they doves? Doves are well-known for their inability to build proper nests but there are others who struggle too. Instinct and ability do not always travel hand-in-hand. Not much you can do about that, unfortunately. Some creatures are incompetent. Some people are incompetent. That's life.
Debris collection now at 10 days
Ralph Whize May 20, 2013 at 10:12 pm
Got thru to the City Inspector (twice) and he finally called the contractor, who (at the end of dayRead More 12 of trash build up) moved the debris pile away. Albany Planning Commission meeting is 2nd and 4th Wednesdays at 7:30 pm and I'm hoping local homeowners will take time to address this and other CV issues.
Dover May 20, 2013 at 09:40 am
Hey! Cool! Now I know where to dump my unwanted items! ;-) Seriously though, "the city"Read More is not helpless, "the city" is lazy and sometimes you have to kick them in the ass to get them moving. What have you tries thus far? I assume you have communicated with the CV owner or contractor. What else have you done?
Ann Farmer May 19, 2013 at 06:22 pm
This is not only an eyesore. This is a health hazard. The boards you see in the photo have nailsRead More sticking out. This area has become the trash heap for anyone walking by wanting to dispose of garbage. With bins overflowing, trash is blown down the street into residents' yards.
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Caryl O'Keefe May 18, 2013 at 08:30 pm
Another example of more balanced reporting from Berkeleyside article:Read More http://www.berkeleyside.com/2013/05/17/uc-berkeley-seeks-funds-to-cut-down-22000-non-native-trees/. Some of the comments are useful especially about glyphosphate. The author of the article even used his own name.
Preston Jordan May 18, 2013 at 08:24 am
The source cited in this announcement states up to 1,400 gallons of herbicide possibly includingRead More Roundup might be used rather than 14,000 gallons of Roundup will be used. Not that I am in favor of dosing the environment with petrochemicals, but I do like to make decisions based on facts. I also have to wonder about the accuracy of the source given that it is an opinion piece rather than an article.
Jack Osborne May 18, 2013 at 07:57 am
And now for the more balanced reporting: "But U.C. Berkeley wants to remove most of its 22,000Read More eucalyptus and acacia trees, then restore native species like they did in the Claremont Canyon." From this article: http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=9107025
Mel Content May 19, 2013 at 12:02 pm
Sources and cites, please?
Mel Content May 19, 2013 at 12:01 pm
"If you are upset about how the rightwing has been attacking President Obama with lies andRead More hyperbole"
Mel Content May 19, 2013 at 12:01 pm
"If you are upset about how the rightwing has been attacking President Obama with lies andRead More hyperbole"