My Belmont Heights - Help! Historic Preservation Office is dragging thier feet - Comments

ham Radio

Kim — Sat, 09 Sep 2006 00:26:57 -0500

Hi Mike,

I am having the antennae installed this Monday and hopefully my radio will be up and running soon.It is a very complicated radio, which will take some time to learn its operation. Once I get comfortable with it, I will happy to demonstrate it. :o)

Kim

This is great news for both residents & CERT

Mike Stewart — Fri, 08 Sep 2006 01:04:16 -0500

Glad to hear this was resolved. In the event of a disaster, it sounds like good news to have K9KIM operating in our neighborhood! I'm sure many of us are interested in a demonstration once the radio is in full operation.

Antennae

kimbolion — Wed, 06 Sep 2006 22:31:06 -0500

I would like to thank those who took interest in the resolution of my antennae permit from the Historic Preservation office. After your support and reference to our third district councilman, I finally got their attention.I very much appreciate your involvement.

Last night while myself and other CERT board members were being honored by 5th district councilwoman, Gerrie Schipskie, I took the opportunity to thank Gary DeLong and Dominick for their intervention with the Historic folks. I plan to attend the next meeting, along with our CERT education director ( who is a Belmont heights resident ), to share learning opportunities within the CERT program.

Best Regards,

Kim DeCelles

K9KIM

Antennae

Gary DeLong — Wed, 23 Aug 2006 00:41:37 -0500

Kim,

Please email me (Gary_DeLong@LongBeach.gov) your telephone number and I'll have one of the council staff look into this and get back to you.

Gary DeLong
Councilmember, 3rd District

Looking into this

Mike Stewart — Mon, 21 Aug 2006 14:09:56 -0500

Kim,

Thanks for sharing this information. At our previous meeting you shared a synopsis of this story, but it is a sad to hear the Historic Preservation office still hasn't moved on this.

FWIW- I spoke with Shaine & Jan Ostashay on different occasions (after our BHCA meeting) and asking them to help move this along. Though, I admit I spoke to Jan nearly a week after I spoke with Shaine, and I mentioned to Jan that I was unsure of the current status, and had hoped Shaine had already resolved the issue. Jan said she would look into, but that was the last I heard, and was also nearly a week ago.

I will look into this again, and post my findings.

In the meantime, I'd suggest checking with your neighbors (within 300 ft of your house) to give them an opportunity to voice their concerns; and possibly create a petition of sorts to show approval if you have it. In my mind, this is the only real political hurdle.

About the delay on antenna

John Fries — Mon, 21 Aug 2006 13:42:28 -0500

About the delay on antenna permit, hae you tried contacting Gary DeLong's office for help? Often a council person can speed things up, particularly for what seems such a worthwhile cause.

Letters To ( Shaine Klima ) Historical Preservation ...And more

kimbolion — Mon, 21 Aug 2006 12:21:33 -0500

Below is a copy of a letter sent to Shaine Kilma of the Historic Preservation Office, a few weeks after the permit for antennae was submitted.

20 Jun 06

Dear Shaine,

In trying to assist in coming to resolution regarding installation of two antennae ( vertical....no visable radials) on my roof; I have been researching the CEQA ( California Environmentaand PRB-1 which we disscussed in prior phone conversations. I recognize we are both new at this issue and both want a result which refects the concerns of the Historical Preservation group and my ability to access the airwaves. As I mentioned previously, I am involved in emergency communications through both the fire department's CERT ( Community Emergency Response Team) and Boeing's Emergency Communications Team. As you research the PRB-1, I believe you will agree that supporting emergency communication capability is essential to our city.

Back in 2001 I was an avid supporter of establishing historical preservation after startling revelations of inappropiate modifications and building stuctures in my Belmont Heights neighborhood. Your predecessor, Ruth Ann, gave a very convincing argument for establishing the entity which you now preside over and we are grateful to have.I am a stong supporter of community involvement as is reflected in the organizations I support,e.g.,Neighborhood Watch Block Captain ( Long Beach Police Dept.),Vice president of CERT and ARALB ( Associated Radio Amateurs of long Beach) membership.

I did a cursory examination of the voluminous California Environmental Quality Act and have not been able to locate the Article and section which would be applicable to the installation of my antennae. When you find the relevant section would you please send it to me? I would also be interested in your interpretation of the of the PRB 1, which is in Assembly bill 1228 and passed into law in 2003 by then Govenor Grey Davis.

I have been researching part 97 of the FCC Commission rules, where we had initially disscussed Station Antenna Structures rule 97.15 and have been unsuccessful in locating FCC section 1.1305 - 1.1319 ; which you had mentioned you were researching. I will continue researching so as to be helpful in attaining resolution.

I appreciate your phone calls keeping me informed of your research. If I find any further information relevant to this issue I will forward it to you.
Kim DeCelles
ki6cer ( Changed to K9KIM )

Follow up to Jun 6th Application

kimbolion — Mon, 21 Aug 2006 12:18:54 -0500

Following is a letter sent to Historic Preservation Office nearly a month after permit submission.

3 Jul 06

Dear Shaine,
On June 6th I submitted to Historical Preservation my plans to errect two vertical antennas in order to access the airwaves, as allowed by the Federal Communications Commission. It requires that the state and local government make reasonable accommodation. The operative word here is reasonable, which I hope to demonstrate and provide documentation in support.

{ California Governor Signs Amateur Antenna Bill
NEWINGTON, CT, Jul 15, 2003--Efforts over the past couple of weeks by proponents of California's Amateur Radio antenna bill apparently paid off when Gov Gray Davis signed Assembly Bill 1228 July 14. The measure, which cleared both houses of the legislature with unanimous votes, will incorporate the essence of the limited federal preemption known as PRB-1 into California law. Davis cited the "thousands of hours of volunteer service" Amateur Radio operators donate in support of state and local government. "They are an important part of our public safety network," the governor said. Davis said ham radio volunteers "play a crucial role" in times of disasters or emergencies. "By providing a reliable communication system during an emergency situation, such as a terrorist attack, Amateur Radio stations provide an invaluable service to the state of California," Davis added
.It would require any ordinance regulating Amateur Radio antenna structures not to preclude but to "reasonably accommodate" Amateur Radio communications, to allow amateur station antenna structures "at heights and dimensions sufficient to accommodate Amateur Radio Service communications" and to constitute "the minimum practicable regulation to accomplish the legitimate purpose of the city or county." A copy of the measure is available on the California Legislature Web site. }

There are many types of antennae structures, of which the Vertical ( otherwise known as Ground Plane) are the least visable,i.e., most unobtrusive. I have two television antennas currently on my roof which would qualify as 'ugly' unlike the two Vertical antennas ( aproz 1and 3/4 inch at the base and tapering up to aprox 5/16 inch.at the apex that I propose to errect on my roof. Also, I've noticed many satelite dishes around the neighborhood which I consider to be unattractive. What I deem to be especially ugly is the numerous telephone poles with their unsightly wires.Still,I will concede that beauty is in the eye of the beholder.
In our last phone conversation you explained that you were still 'researching' and felt the necesity to practice "due diligence".I have spent considerable time researching and am including my resources for your consideration.

[ Precedent Setting Cases Affecting Amateur Radio (arrl.org)

There have been few published precedent setting Amateur Radio cases in recent years. Here are the cases which have been cited most frequently:
Schroeder v. Municipal Court of Cerritos, 73 Cal. App. 3d 841, 141 Cal. Rptr. 85 (1977) Appeal dismissed 435 US 990 (1978)
Gushke v. Oklahoma City, Oklahoma, 763 F. 2d 379 (10th Cir 1985)
John Thernes vs. City of Lakeside Park, Kentucky et al, 779 F. 2d 1187 (6th Cir. 1986)
See also Final Judgement: 62 Pike and Fischer Radio Regulation 2d, 284 E.D. KY 1987
Andrew B. Bodony v. Incorporated Village of Sands Point, New York et al (681 F. Supp. 1009 E. D. NY 1987)
William F. Bulchis v. City of Edmonds, Washington, 671 F. Supp. 1270 (W.D. Wash. 1987)
Izzo v. Borough of River Edge, New Jersey, et al 843 F. 2d 765 (3rd Cir., 1988)
MacMillan v. Rocky River, Ohio, 748 F. Supp 1241 (N.D. Ohio 1990)
Howard v. City of Burlingame, California, 937 F. 2d 1376 (9th Cir. 1991)
D. R. Evans v. Board of County Commissioners of the County of Boulder Colorado et.al. 994 F. 2d 755 (10th Cir. 1993)
Sylvia Pentel v. City of Mendota Heights, Minnesota, 13 F. 3d 1261 (8th Cir. 1994)
Palmer v. City of Saratoga Springs, 180 F. Supp. 2d 379 (N.D.N.Y. 2001).
Marchand v. Town of Hudson, 788 A.2d 250 (N.H. 2001).
Marchand Remand ZBA Decision
Gerald Smith v. Board of County Commissioners, Bernalillo County, New Mexico, Smith v. Bd. of Comm'rs 110 P.3d 496 (N.M. 2005)
View/Download as a PDF file (154,409 bytes) Additional information as reported by ARRL. Sample Antenna Ordinances:

Note: The following articles are in Adobe Portable Document Format (PDF) files. To view and print these files, you'll need a copy of Adobe's Acrobat Reader program. (Version 3.0 or later required). More information here.

Beaverton, Oregon
Garland, Texas (235,538 bytes, PDF file)
Scotia, New York
Medford, New Jersey (18,801 bytes, PDF file)
Burbank, Illinois (87,362 bytes, PDF file)
Virginia Beach, Virginia (187,292 bytes, PDF file)
Hinesville, Georgia (87,362 bytes, PDF file)
Moorestown, New Jersey (118,975 bytes, PDF file)
Newport Beach, California (232,941 bytes, PDF file)
Dade County, Florida (157,490 bytes, PDF file) FCC Letters Affirming PRB-1

Here is a letter from the FCC (160,235 bytes, PDF file) to a New York assemblyman affirming PRB-1 and how it applies to amateurs. Other FCC letters can be found here. Additional Information

Here is a list of material which may be useful in your presentation:
One page summary of PRB-1
Public Law 103-408
Recognizing the achievements of amateurs and to establish support for such amateurs as national policy
FCC letters concerning potential of interference
These letters are very useful educating local authorities that regulation of interference is entirely an FCC matter and local governments have no jurisdiction.
Antenna Height and Communications Effectiveness (PDF file)
Second Edition, by R. Dean Straw, N6BV, and Jerry Hall, K1TD.
Chronological list of landmark Amateur Radio cases
What is Amateur Radio and Why is it a Community Resource?
A Presentation for Non-Amateurs }

Regards,
Kim DeCelles
ki6cer ( changed to K9KIM )

CityPlanning Dept. Antenna specifications:

I have a print out of a page from the city planning dept: I don't know what the name of the source is but the section # is: 21.45.157 Radio and Television Antennas and it comes from the planning dept. It states : A. the antenna may be placed on a lot except within the front yard or set back area. B. Height: Antennas are permitted up to a height of 60 feet or 20 feet above a building upon which they are errected,whichever is greater, provided that:
1) A building permit is obtained to errect the antenna and or supporting tower;
2) Any transmitting equipment is used in such a way as to minimize interference with commercial or public radio and television broadcasts.
It also states that any structure is not permitted within the clearances from any electric public utility installation.

PRB1 info.
(b) Except as otherwise provided herein, a station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur service communications. [State and local regulation of a station antenna structure must not preclude amateur service communications. Rather, it must reasonably accommodate such communications and must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose. See PRB-1, 101 FCC 2d 952 (1985) for details.]

In many cases, neighbors who are concerned about amateur tower installations may focus on possible RFI problems as part of their concerns. Local zoning bodies sometimes try and overstep their legal bounds when it comes to zoning and it can cause headaches for amateurs. Local governments must reasonably accommodate amateur operations in zoning decisions as documented by the partial preemption called PRB-1. The legal cite for PRB-1 is: 101 FCC 2d 952 (1985). § 97.15 provides that an amateur station antenna structure may be erected at heights and dimensions sufficient to accommodate effective amateur service communications.

Help! Historic Preservation Office is dragging thier feet

kimbolion — Sun, 20 Aug 2006 14:34:19 -0500

Subj: Copy Of letter To Belmont heights Community Assoc Board members
Date: 08/20/2006 3:34:13 PM Eastern Standard Time

Dear Mike and Bette,
Below is an excerpt from my Emergency Communications course, which I am taking through the ARRL (ARRL.ORG). I spend a lot of my free time in preparation for an emergency situation, which is highly likely in Long Beach. It is imperative that the 'historic preservation entity stop dragging its feet, so I can establish contact with emergency communication nets and otherwise practice my radio skills. What will it take to resolve this? (rhetorical question).

The antennae I propose to erect are the least obtrusive of all the available choices. Much of the chimney mounted antenna will be obscured by the ficus tree in front of my house and the other antenna (9' plus 5' mast) in the back portion of my roof, will be barely visible from the street. It is a shame that an unknowledgable ( as Shaine has confessed to being) bureaucrat can impede this worthy endeavor. My application along with a copy of my FCC granted license was submitted on June 6th. Shaine said it was important to practice "due diligence" and she stated she would follow "the law" ( FCC grants the authority and PRB1 a Memmorandum Of Understanding with the state of California, says that state and city must grant reasonable accommodation to the airwaves). The city of Long Beach states I may have an antenna 60ft. high and I am only asking for 33' with a maximum 2'' diameter at the base and tapering up to 5/16".

Any suggestions will be greatly appreciated.

Regards,
Kim DeCelles,
CERT Vice president
Call Sign: K9KIM