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recommended the approval of the application, with conditions. <br />The applicant’s representatives, Laurie Chan and Kevin Kawabata, were in attendance. <br />With regard to proposed Condition No. 7, Commissioner Iwashita suggested the condition be <br />amended to state that T-Mobile or its successors or assigns place with the Planning Department a <br />bond, with the terms to be determined by the Director reasonable, so that the removal of the <br />antennae or the tower can be accomplished should T-Mobile, its successor or assign go bankrupt. <br />In response to Commissioner Iwashita’s concern, Mr. Kawabata said being that towers are co- <br />locatable it would be in the other company’s interest, should a company go bankrupt, to acquire <br />those assets, which is quite common place in the market. Commissioner Iwashita clarified his <br />concern of a situation where all the cell companies located on the tower would go into <br />bankruptcy and then the County really has no recourse on getting the tower removed. <br />Mr. Kawabata then stated they have no objection to discussing with the Planning Department <br />about securing a bond to resolve this concern. <br />Maddie Greene, representing the Nanawale Community Association and testifying in support of <br />the application, expressed their concern of the senior citizens in the area needing to obtain <br />medical help but are unable to go out onto the roadway to make the emergency calls. <br />It was moved by Commissioner Iwashita and seconded by Commissioner Kern that the <br />application be approved with Condition 7 amended to read, “The applicant shall provide a bond <br />with conditions determined by the Director sufficient to effect the removal of the tower as <br />required by this paragraph.” Commissioner Domingo said it is a known fact that he has been <br />against communication towers in residential areas; however, given the reasons presented today <br />and the support of the community, he will support the motion. In response to Commissioner <br />Au’s inquiry, staff stated that notice of today’s hearing was given to the public. Ms. Cottle <br />stated that the Department does not support the amended condition as it would set precedence for <br />other developments. Director Leithead Todd said she would like to have some flexibility in <br />requiring a bond as she did not know whether it was doable to obtain a bond for the life of a <br />tower, whatever it may be, noting an insurance company only gives a bond for a particular <br />period of time and then it has to be renewed periodically. The Chair questioned whether the <br />amendment to Condition 7 was necessary in light of the testimony presented, and it was <br />questionable whether a bond could be obtained. Commissioner Iwashita stated his preference is <br />to give the Director the authority to determine the terms of a bond and if it is determined that a <br />bond is an impossibility, then so be it. <br />The Chair suggested language to the effect that if the Department feels a bond is required for <br />removal that that be secured; and Director Leithead Todd suggested something to the effect that <br />the Department would inquire into the possibility of acquiring such a bond and giving her the <br />discretion whether a bond would be required, noting she would also have to take into <br />consideration the cost of acquiring a bond. Commissioner Iwashita then agreed with the Chair’s <br />suggested wording that at the discretion of the Director a bond may be required for removal. <br />2 <br /> <br />