Politics & Government

Packed House Demands Answers On Pinole Cell Phone Tower

Residents question whether the 85-foot communication tower can legally be constructed in Pinole Valley Park

More than 50 residents jammed a Pinole City Council special meeting on Wednesday night to get answers about how plans for a 85-foot cell phone tower in Pinole Valley Park were approved.

City officials began the 3-hour hearing at City Hall by answering some of the 45 written questions they've received since the council gave final approval for a lease with Verizon on July 16.

First, City Attorney Ben Reyes told the audience the city now has a binding lease with Verizon for the tower and the issue cannot be reconsidered.

"We are in contract at this point in time," said Reyes.

Reyes also said City Manager Belinda Espinosa did have proper authority when she signed a lease with Verizon in January.

He said under the government code the council makes policy decisions while the city manager has authority over day-to-day matters, including contract approvals.

The signing was a pivotal development this summer. In June, the council initially voted 4-1 to reject the agreement with Verizon.

However, the communications company threatened to sue because it had signed the lease with Espinosa. In July, the council reconsidered the matter and voted 3-2 to approve the lease.

Another concern was whether the council followed the Brown Act for open meetings and meeting notification. Reyes said those rules had been followed.

Reyes also addressed concerns about if the property deed for Pinole Valley Park prohibits the tower. He said there are no restrictions on what the council can put in the park.

"The City Council has the authority to do what it wants to do on the property," said Reyes.

Reyes did say he is investigating whether the deeds associated with state grants used to purchase the park land have restrictions in them.

During the public comment portion of the meeting, Pinole resident Sal Spataro said he believes there are restrictions associated with the grants.

Spataro said from 1974 to 2003 the city received 12 state grants to acquire and develop park land.

Spataro said the state gets that money from the federal government and those folks are stringent about what goes in park land they've helped pay for.

"The feds say if you use our money, then you play by our rules," he said.

Spataro asked what other changes might be in store at the park.

"What's next? A 7-11? A Starbucks?," he asked.

Espinosa told Spataro the state grant questions are a "red flag" and she is discussing the issue with federal and state offiicals.

Another resident, Mike Klubben, asked who selected the three proposed sites for the towers as well as the one that was approved.

Planning Manager Winston Rhodes said a subcommittee of city officials and Verizon representatives examined different locations in the park. They selected sites that blended in with the trees in the park and also provided adequate coverage for cell phone and other wireless communication users.

Klubben also suggested that the $26,000 a year the city will receive from Verizon be used for something that benefits the neighborhood. He suggested a July 4th fireworks show.

"I think it'd be nice to see the money go for something like this," he said.

Michael Grove suggested Pinole use some of the lease revenue to pay for an expert selected by the city to study the effects of the cell phone tower once it's in operation.

Mayor Debbie Long and Espinosa both said they were intrigued by that idea. Councilman Phil Green suggested they also study the 14 cell towers that are currently in the city.

Amy Thomsen, who lives near the park, said she feels city representatives are more afraid of lawsuits and large companies than they are of doing what's best for Pinole.

"I advise you to take a hard look at your policies and who you are protecting," said Thomsen.

She reminded the council they are elected officials and they can be ousted if the public doesn't like what they do.



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