Tower Topplers Take on the City – Part One

On Wednesday, September 11, 2013, the City of Pinole held a public workshop to address the issues surrounding the installation of a proposed 80 foot Verizon cell tower in Pinole Valley Park.

The meeting was intended to answer the long and varied list of questions that had been raised by the group opposing the cell tower.
It was the first time the “Tower Topplers”, also known as the Pinole Preservation Society, had an opportunity to address the City Manager, staff and Council with the expectation that their questions would be answered.
I think this comment made by Julie Maier to the community speaks volumes about the effort this group has made:
“I just love my little city and PV park and I don’t like what the City Council, the city manager and Verizon is attempting to do.”
Even Pinole Historical Society VP, Jeff Rubin stated, “It’s just a crummy place for a tower”.

The meeting on 9/11/13 has been described by some in attendance as a “dog and pony show”, and a long one at that. I don’t think this city has seen such a passionate response and such strong community feedback, since the R word was being spread in 2007.

The timeline provided previously shows that the lease for the tower had been slated for approval on the consent calendar on several earlier occasions. Consent calendar agenda items are normally approved without discussion or debate either because they are routine procedures or already have unanimous consent. They are typically non-controversial. Were it not for Sheila Grist, a resident opposed to the cell tower, it is likely the lease would have been approved without any public debate whatsoever.
This not only implies that the City Council was fully aware of the proposal and the lease agreement being negotiated by staff, with Verizon, but that they did in fact move the process forward.

There are two very important legal terms we must be cognizant of when discussing contracts and agreements:
Execution of a contract:
to complete; to make; to sign; to perform; to do; to carry out according to its terms; to fulfill the command or purpose of. To perform all necessary formalities, as to make and sign a contract, or sign and deliver a note.
Ratification of a contract:
The confirmation or adoption of an act that has already been performed. A principal can, for example, ratify something that has been done on his or her behalf by another individual who assumed the authority to act in the capacity of an agent.

The City Manager stated that although the Council did not officially authorize her to execute and sign the lease agreement, that they gave her and staff implied direction to negotiate and execute the contract. The City Manager, City Attorney, City Clerk and Verizon principals signed the lease and executed it on December 12, 2012.

The City Council, once they became aware of the strong opposition to the Tower, tried to extricate itself from the deal by rejecting the lease and not ratifying it at the June 18, 2013 meeting by a vote of 4-1, Swearingen dissenting.

Subsequently, as all hell broke loose and Verizon threatened to sue the City for not dealing in good faith (Verizon agreed to 9 of the 10 deal points the city requested) two of the City Council members who had rejected the lease in June, reversed their position, Murray and Banuelos,  and voted in favor of the lease at the July 16, 2013 Council meeting. The motion passed by a vote of 3-2.

Those in opposition believe that they have had the wool pulled over their eyes, that the city has not been honest and has not served the best interests of its citizens.

As the cell tower battle heated up the opposition banded together to fight the project using whatever means possible.

Among the arguments opposing the cell tower in Pinole Valley Park included, electromagnetic radiation, the desecration of Indian Burial Grounds, ecological consequences, the commercial use of the Park and the awful location chosen for the tower.
Last but not least the group’s research has uncovered another possible problem for the City; that the City accepted State and Federal Grants for the purchase of the land for Pinole Valley Park and therefore must abide by the Grant restrictions for its use.
The State of California has scheduled a meeting with the City for this week. It is not a public meeting, unfortunately.  But we are all very interested to discover if the City of Pinole has converted parkland without proper and prior authority.
The consequences of such a finding by the State and the Feds can be severe. If the City is found to have improperly converted land using State and Federal Grant money they could face financial consequences.

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