San Carlos favors settling cell tower suit

San Carlos officials favor settling a lawsuit with AT&T over a previously denied cellphone antenna but first want to see how the proposal compares with what Shelford Avenue neighbors originally sought in the application and how the language of the resolution holds the wireless company to the conditions.

At Monday night’s meeting, the council asked City Attorney Greg Rubens to bring back on Feb. 13 the detailed settlement for consideration before they take a formal vote. The council also suggested that AT&T representatives speak with the affected neighborhood about the settlement prior to the meeting.

The plan to scuttle the lawsuit calls for hiding the antenna inside a fake tree known as a monopine and ensuring the installation not harm a significant heritage tree. If the tree dies, AT&T would be required to replace it and is also responsible for funding an arborist chosen by the city to make landscaping recommendations.

With governments unable to deny a cell tower application purely on aesthetic components, the city didn’t have a leg to stand on in court, according to Mayor Andy Klein.

Rubens also cautioned the council prior to its meeting that litigation is expensive and far from a guaranteed win.

Lane Kasselman, director of communications for AT&T, declined comment on the proposal, citing the active litigation.

Rubens said the company has indicated its plans to accept if the settlement is offered.

AT&T, formally known as New Cingular Wireless PCS, LLC, sued San Carlos in late November citing a violation of the Telecommunications Act of 1996. The city had upheld the appeal of resident Joon Oh, essentially denying the conditional use permit for an antenna on a water tank at the Shelford Avenue California Water Service Company. The council said Cingular didn’t plan to put the proposed antenna on an existing one, failed to address aesthetic issues and submitted wrong information such as the size of the antenna. The Planning Commission had approved the request but, the council, presented with the application errors found by residents, unanimously felt differently.

In other action, the council voted 3-2 to cut down 29 eucalyptus trees alongside Burton Park, with councilmen Matt Grocott and Mark Olbert dissenting. City staff recommended the removal because of the trees’ age and entanglement in utility wires. Olbert said he was not satisfied with the outreach process to the community and worried about the shock and negative reaction by those in the neighborhood who may not have had advanced warning.

Other agendized matters, including direction to staff on whether to prepare an ordinance banning polystyrene, were pushed to the Feb. 13 meeting because of how long the Monday night meeting ran.

Michelle Durand can be reached by email: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.