1,000 citizens sign petition demanding city control
placement
Faced with a petition of 1,000 signatures, a request for an
emergency ordinance and, now, support from the only medical doctor
on the Council, Gilroy city officials still balk at the notion they
could regulate microwave towers any time soon.
1,000 citizens sign petition demanding city control placement
Faced with a petition of 1,000 signatures, a request for an emergency ordinance and, now, support from the only medical doctor on the Council, Gilroy city officials still balk at the notion they could regulate microwave towers any time soon.
The city says that because it us several high-frequency towers for police, fire and city radio transmissions, they cannot treat commercial operators of cellular telephone towers and wireless Internet transmissions any differently.
They also note that the towers provide the city with revenue in the form of rents, albeit only $20,000 annually.
“I guess the real question is can the city break its contract with the companies that pay the city to use the antennas? These were contractual agreements that were consistent with FCC and city regulations,” said Gilroy Planning Division Manager Bill Faus. “These are all very, very low wattage antennas. They’re not like the commercial antennas on Fremont Peak (near San Juan Baustista). The setback for any of these antennas is 15 to 20 feet-at most. The FCC closely reviews all commercial antennas for health considerations. Each antenna, whether it’s approved by the planning commission or staff, is closely regulated by the FCC and its standards.”
Still, public outcry is mounting in the city from citizens who worry both about the long-term health effects of exposure to microwave radiation, as well as how powerful future broadcasts might become.
“Just because the government says that something is safe, it doesn’t mean that it is,” said Gilroy resident Ron Gong, who lives next to a microwave tower that’s on top of Reservoir D-a major water supply for the city. “These are emitting radiation constantly. And as technology changes these antennas may start out as a six cylinder but end up like a super-charged big block. And with (the sales tax revenue that will be generated from) Costco and Lowe’s going in, the city certainly doesn’t need the $1,300 a month that one of these towers may generate.”
To all of the concerns, the city routinely responds that its hands are tied.
“People need to be mindful that these towers are under federal control, not the city’s,” said Gilroy Councilman Charles Morales.
“No one from the city staff or city council is saying that the health issue isn’t valid,” echoed City Administrator Jay Baksa, “but the council is not the venue for discussion on this, the FCC is. The battle needs to be brought there.”
Baksa said that the federal government forbids the city from considering potential health risks when deciding tower placement. Faus said, however, that the city could control the location and size of the antennas.
“The height, location and size to some degree is regulated by the city, but everything else must be in compliance with the FCC,” said Faus. “In other words, the city can put into place rules that regulate antennas as long as they apply even handedly to all individuals that apply for them.”
Gilroy officials say that making even-handed regulations is difficult since the majority of antennas in the city are unregulated.
“There are many antennas,” said Faus. “Some for public service, government, private and commercial use antennas. There are even antennas used in monitoring our wells.”
While activists realize that the city needs to use them for emergency purposes, they are concerned about the constant transmission required in high-tech usage and are alarmed by their proximity to homes, schools and city water supplies.
They are also worried that city officials have no idea how many there are in Gilroy because they go unregulated – as long as they’re under 30 feet tall and located in an industrial-zoned area.
Fear among opponents of the towers is that they’ll continue to sprout up all over without any regard for health and public safety issues.
Concern over the towers first came to the forefront when Gilroy resident Chris Cote, who has become a leader of the anti-tower contingent, discovered that a request was on the books to put one up less than 100 feet from his backdoor.
After researching the tower’s potential harmful effects, he launched a grassroots campaign, which informed local citizens on the potential dangers that long-term exposure can present.
His efforts paid off.
In October, the request for a conditional use permit to put up an 80-foot microwave tower on Welburn Hill on top of Reservoir A-the city’s primary drinking water supply-was unanimously shot down by the Gilroy Planning Commission.
“If it had gone up, I was told that this would be the equivalent to standing in front of a microwave oven 24 hours a day with the door open,” said Cote.
Recently, Cote’s ongoing battle was fueled again when he discovered that the city contracted with AT&T to put up a second tower at the top of Periwinkle Drive, next to Reservoir D. Since 1997, AT&T has had one at the site that now apparently has been proven to violate city regulations. (See Related Story.)
“We don’t really know how dangerous these are,” said Cote. “But its better to err on the side of safety. It has been proven that exposure to low levels of radiation over a long time will cause mutations in cell structure. I love technology, but not if it’s going to hurt people.”
While Cote’s battle is just starting to gain momentum in Gilroy, other cities throughout the state are looking into health concerns that surround the controversial towers.
On July 15, the Los Gatos city council voted to place a temporary moratorium on erecting similar towers in order to give its staff time to consider aesthetics and planning issues. The city of Santa Cruz is also looking into the issue as well.
“Los Gatos made vague references to safety in its ordinance,” said Gilroy City Councilman Bob Dillon. “I don’t know if any courts have challenged it yet, but I don’t want to have a three-hour community meeting here that turns into a food fight if there is nothing that we can do about it.”
Baksa agreed.
“They (Los Gatos) can’t deal with the health issue either,” said Baksa. “You can’t be arbitrary and capricious. So, yes, we could say that these could only be put up in a certain place, but if the FCC won’t allow us to use the health issue for doing so, then what reason is there for only allowing them in the east foothills, for example? So you can only really look at planning and aesthetics.”
The FCC holds ultimate jurisdiction over power, bandwidth and general location and has refused to consider health issues in dictating its policies.
“We live in the 21st Century,” said Dillon. “We have cell phones, garage door openers and computers. Even the computer that Mr. Cote used to e-mail everybody about this emits radiation.”
Cote realizes the prevalence of technology, but he is quick to point out that police and fire transmissions are not emitting the waves constantly.
“I can turn my computer off and I can turn my microwave off,” said Cote. “But these are transmitting 24-7 and they are at a much higher wattage. If I’m living under one of them, I’m exposed whether I want to be or not. Obviously, we would need to make some adjustments for police and fire safety. I realize that.”
Cote would like to see some discretion-and common sense.
Just two months ago, Cote fought to have two microwave transmission towers deactivated at Luigi Aprea Elementary School. They were and are now being used as flagpoles at the school. But Cote is discouraged over the fact that the district won’t guarantee that they’ll never be activated again.
“The electrical wiring all remains in the ground. Those towers could go back online right next to hundreds of kids in a matter of days, perhaps even hours,” Cote said. “We just want a letter from the school district saying that they never will go back up. What guarantee do we have that the district might not get hungry for money again and hook them back up.”
Ultimately, Cote would like an ordinance that ensures that all towers in the city of Gilroy are no closer than 2,500 feet from any home, school or water supply.
“I’m not against technology, but I’d like to see these put in certain designated areas,” said Cote. “And I’d like the city to do what they do in Europe. Over there, they put them all together.”
“We’re looking into all those issues right now,” said Baksa.
