A few local residents took City Hall by storm this week,
protesting a cell phone tower proposal in a public notice city
officials didn
’t even know about. The residents were called to arms after
reading a legal notice published in the Morgan Hill Times on Aug.
6, indicating Sprint PCS’s intention to construct a cell phone
tower near Jackson park.
A few local residents took City Hall by storm this week, protesting a cell phone tower proposal in a public notice city officials didn’t even know about.

The residents were called to arms after reading a legal notice published in the Morgan Hill Times on Aug. 6, indicating Sprint PCS’s intention to construct a cell phone tower near Jackson park. After reading the notice, residents flooded the city with e-mails demanding they kill the proposal and draft a cell tower ordinance.

The city says, while Sprint indicated interest in constructing the tower, the notice was published prematurely in the Times and without their knowledge. City Manager Ed Tewes said officials regret the alarm the public notice caused.

“Sprint PCS several months ago, contacted city staff and indicated that in order to better serve their customers in the Jackson Meadows and Jackson Oaks area, they thought they needed an additional cell site. They looked at several publicly-owned and privately-owned parcels and inquired of the city what the process would be for us to approve it. We explained that poles on either private or public property would require a conditional use permit approved by the Planning Commission, and that in addition, if the proposal is on public property, and we have some around town, we would need to enter into a lease agreement which would generate revenue for the city,” Tewes said.

Sprint later told the city a rough location where they’d like to build the tower and the city explained the process the company would have to go through, Tewes said.

“We said we’d have to check with the city council about that and before we do so, please give us as much information as you can – about what kind of pole, how big, … where would it be, how would you operate it, then we could inquire of the city council whether or not we had any interest as a property owner in even considering their proposal,” Tewes said.

So when calls and e-mails flooded the city after the notice was printed, city officials were surprised by the sudden and unanticipated public notice, Tewes said. The notice announced the city of Morgan Hill and Santa Clara County, California Sprint PCS are proposing to construct a new 50-foot mono-pole tower at 16695 Trail Drive in Morgan Hill.

The notice caught the attention of Kimberly Leiser, whose children go to Jackson Elementary.

“The proposal would put that tower in Jackson Park, which is by the elementary school and I was really upset,” Leiser said. “So much has been written about possible health hazards from cell phone towers. I am just against having a cell phone tower in a neighborhood, and especially by a school!”

Carla and Vince Carrillo, who live next door to the park on Trail Drive, were equally disturbed.

“We were fairly distressed when I learned about it (the proposal). Our concerns were quite a few. Is that really safe in a residential neighborhood? A 50-ft. tower is very tall, it isn’t good aesthetically and for safety reasons,” said Carla Carrillo. “I’m concerned about teen-agers being silly and climbing the tower, I’m concerned about the proximity to our schools and homes. The health hazards are unclear, there’s camps for both sides, but I don’t want my neighborhood to be a guinea pig.”

Leiser, the Carrillos and other residents in the Jackson Park neighborhood quickly called and e-mailed members of the city council and city officials.

“To their (city officials) credit,” said Carrillo, “they promptly replied back.”

Tewes said the city was surprised that Sprint published the legal notice without their knowledge and before they were instructed to do so.

“From my perspective, that notice put out by the sponsors of the tower was premature because they clearly did not have the permission of the city to use the public property, nor had they submitted the required information for the conditional use permit which would give us a basis on which to evaluate their proposal.

“(It) caused considerable confusion and concern among residents in the Jackson Meadows area and that is clearly regrettable and we will be working with the neighborhood to try to fully explain what the city’s processes are,” said Tewes.

There are nine cell phone towers installed by major companies within the city of Morgan Hill, according to Melissa Dile, assistant to the city manager. Three towers are on public property – two are at the Nob Hill water tank site and another is at the El Toro water tank site.

Another tower planned for 2100 East Dunne Avenue has been approved by the city, according to Dile. “But the property owner, Santa Clara County, has not come to terms with Cingular and installation has not occurred,” she said. Dile indicated of the nine towers, five, including the towers on Nob Hill, are installed within 500 feet of residential neighborhoods.

She said while the city has no ordinance regarding cell phone towers, the zoning code limits the tower height to 50 feet.

Carrillo and Leiser both said it is time the city formulated an ordinance with regard to cell phone towers and they would like to see an ordinance similar to that of neighboring Gilroy. Gilroy and San Benito County have ordinances regulating microwave towers that emit radiation. In Gilroy, towers have to be in commercial and industrial areas. San Benito County prohibits towers within 500 feet of homes, or 1,500 feet of schools. Gilroy’s ordinance requires existing towers to be in compliance within five years.

But a battle is brewing against the Sprint proposal, and both Carillo and Leiser have already drawn lines in the sand.

“We are absolutely against it, period,” said Leiser.

“We are all willing to do whatever it takes so it won’t happen,” Carrillo.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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