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Modena Way

Sample letter that you can email to the Elk Grove City Council, care of the City Clerk, Jason Lindgren, at jlindgren@elkgrovecity.org The Council will meet on May 13 and 27. You can call during the Council meeting to speak during public comments or send an audio file or email to be played or read to the Council during the meeting. Meeting agendas: elkgrovecity.org/city_hall/city_government/agendas_and_minutes

You can also find this letter for download on my website at

http://www.keepcellantennasawayfromourelkgrovehomes.org/modena

May 13, 2020

Dear Mayor Ly, City Council Members and staff,

My name is _________________________ .

I live at ____________ Modena Way in Elk Grove, right across the street from Monterey Trail High School.

The City should have notified me and my neighbors about this.  I learned that on December 13, 2019 an AT&T affiliate applied for a permit to install a cell antenna at 8661 Power Inn Road, right across the street from my house. That is the exact address of the high school. This is application 19-07227 for 5 antennas.

This should be an open and transparent permitting process, not some administrative process hidden behind closed doors.  I do not want there to be a cell antenna across the street from my house sending pulsed, modulated, microwave electromagnetic radiation into my house 24/7.

The City Ordinance 19-2019 protected some residents from having a cell antenna placed in front of their homes but not others.  The City has failed to find out what its powers to regulate cell antennas are and to exercise those powers. 

The City should also amend the zoning code to require twice annual random testing of each cell antenna as Davis, Burbank and Berkeley have done, at the applicant’s expense, by an independent and neutral 3rd party, to determine compliance with RF limits.

The City should amend the zoning code to say that the City will determine whether any proposed cell antenna will close a significant gap in coverage and will do that using the least intrusive means.  And to require such proof as part of a complete application. And to identify the kinds of evidence that the City will accept as proof.

Since at least 2005 the City has had the power to do this.  MetroPCS v City and County of San Francisco, U.S. Court of Appeals for the Ninth Circuit. The FCC Order 18-133 is an interpretative ruling and does not affect the powers of the City.  FCC cannot override appellate court decisions or rewrite the Telecommunications Act of 1996.  FCC cannot take from local government powers that Congress gave to it.  The City made a huge mistake in thinking that FCC could do these things.  The time to fix this is now. 

If the City does not have staff qualified to evaluate an application, including an RF compliance report, it should amend the zoning code to require the applicant to pay the City to hire such a person.

The City also failed to learn that it can regulate the operation of cell antennas to protect residents’ health and to regulate it.  The City should amend the zoning code to do that.  There are several ways to do that.

The Council did not discuss ANY of these issues, ever. It was in such a hurry to adopt the staff’s proposal on August 28, 2019 that it failed to discuss or even acknowledge any of these options.

Please put all of these recommendations on the agenda for a Council meeting soon.  Please respond in writing to this message. Meanwhile do not issue that permit!

Sincerely,