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TA letters for August 9 2019

There are 2 letters on this page ready for you to copy, paste and send. You can download them or copy them right off of this web page.

Send the first one to the Council Member identified in the Take Action message for today. If the Council Member agrees to meet with you, invite me! You don’t have to be an expert on this. Receiving meeting requests from multiple residents will be more likely to persuade these Council Members to meet than receiving multiple requests from 1 or 2 residents.

Send the second one to the City Council, care of City Clerk Jason Lindgren, jlindgren@elkgrovecity.org

For both letters, even better would be to bcc me, Mark@keepcellantennasawayfromourelkgrovehomes.org

Thank you!

First letter

August 9, 2019

Dear Council Member __________________________ (name),

Regarding the City’s proposed zoning code amendment I am grateful that it would prohibit cell antennas in front of residential front yards (Proposed amendment to EGMC Title 23.94.050 A.6.b., Development Standards, page 10). 

However the City can and should do a better job reducing the environmental and health effects of cell antenna radiation.

I request a meeting with you to discuss the City’s new cell antenna policy and the City’s power to regulate.   

I am available to meet in Elk Grove on the following dates and times. We can meet at City Hall or a location of your choice.

            _ ______________________________

            _ ______________________________

            _ ______________________________

Is one of these a good date and time for you?

Thank you.

Sincerely,

[Your name and address]

Second letter

August 9, 2019

Council Members and staff,

We are not asking the City to regulate cell antennas on the basis of the environmental and health effects of radio frequency radiation.  (47 U.S.C. § 332(c)(7)(B)(iv))

We are asking the City to reduce the environmental and health effects of radio frequency radiation.  Anything the City does to reduce or limit the number of cell antennas in Elk Grove necessarily reduces the environmental and health effects of radio frequency radiation.

The City has the power to do this.  This is not preempted by the Telecommunications Act of 1996 or any other law.  (47 U.S.C. § 332(c)(7))

The proposed zoning code amendment actually reduces environmental effects and health effects of radio frequency radiation in 5 ways. 

1. The fact that the City requires a permit for the installation and operation of a cell antenna
(23.94.035);
2. The fact that cell antennas are only allowed on existing poles (Attachment 1 to staff
report, page 17, Resolution);
3. The 500’ minimum distance between cell antennas (23.94.050, A.6.a.);
4. The fact that cell antennas are not allowed immediately adjacent to the front yard of a
residential dwelling (23.94.050, A.6.b.); and
5. The discretionary authority of the Zoning Administrator to grant or deny a permit
application in a residential zone. (probably Table 23-27.1, page 23 of staff report, Exhibit
B, Proposed Amendment to Title 23, page 3)

The City can and should do a better job of protecting its residents by reducing environmental effects and health effects of radio frequency radiation. 

#1 Allow cell antennas to be located in commercial and industrial zones only.

#2 Require a minimum distance of at least 1,500′ between any two cell antennas.

#3 Limit the operation of a cell antenna to no more than 150 microwatts per square meter at the closest points where people are likely to be.
(Enforced by sensors with automatic shut off. Charge fines for exceeding this power density limit.)

#4 Require applicants to demonstrate that a given proposed cell antenna will:
Close a significant gap in coverage
Do so using the least intrusive means
(MetroPCS, Inc. v. City & County of San Francisco (9th Cir. 2005) 400 F.3d 715.)

#5 Require applicants to pay the City to hire a legitimate expert to review applications, proposals, etc. and advise the City on technological and policy options.

#6 Require warning signs at eye level on every pole that has a cell antenna.
(Saying the cell antenna on this pole produces electromagnetic radiation (EMR), and that the California Department of Public Health has issued recommendations for reducing one’s exposure to EMR.)

https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHIB/CDPH%20Document%20Library/Cell-Phone-Guidance.pdf

Please reply.

Thank you.

Sincerely,

[Your name and address]