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Residents in North Berkeley have been trying to stop wireless base-station antennas proposed by Sprint at 1600 Shattuck in a residential area. This battle has been going on for 10 months. After months dealing with the City, neighbors of 1600 Shattuck have reached the conclusion that some city staff are back stabbing them to support Sprint by any means possible. Misconducts and actions of the City has caused monetary damages and emotional distress to the neighbors. Neighborhood groups around Berkeley might have similar experiences with the City. A chronology of events regarding antennas is as follows: 

From July through November of 2002, Sprint and the Planning Department worked together stealthily to complete an application for a use permit. In this period, according to the Berkeley Telecommunications Ordinance, Sprint was required to have a dialogue with the community. However, Sprint never got the community involved. Only in August 2003, a year after, Sprint held a belated meeting with the public. A dozen neighbors showed up, but left quickly, because they realized that the meeting was a sham. 

Around Thanksgiving 2002, the neighbors received notices for a Zoning Adjustments Board (ZAB) Public Hearing to make a final decision on the use permit for Sprint. The notification was poorly done. The law requires that neighbors in a 300 foot radius be notified. However, Arts Magnet Elementary School, which is within 200 feet, was not notified. 

In the ZAB Public Hearing, 11 neighbors talked against the antennas. There were 18 letters and e-mails opposing the antennas. The ZAB had already made up its mind to approve the use permit, regardless of how many objected to the plan. Finally, the ZAB granted a permit to Sprint. 

The Planning Department erred many times in reports. In the staff report by Ms. Sorensen, it was written that three neighbors, instead of 18, wrote to object to the antennas. In the notice of decision, Mr. Rhoades reported unanimous approval of the antennas. Neighbors objected to this because only seven ZAB members approved the antennas. 

Two neighbor groups filed two appeals by the end of January 2003 with the city clerk. 

In the process of writing their appeals, the appellants discovered illegal steps were taken by Sprint. They brought these points to the attention of City Council. However, the Planning Department wrote false reports to cover up for Sprint. The appellants bought the audio tape of the ZAB hearing from the Zoning Department. This tape reveals that the Planning Department made false statements in the Action Calendar of April 1. 

Some 800 neighbors and residents signed petition forms and sent e-mails to express their opposition to the antennas. The Planning Department, however, worked very hard to have both appeals dismissed. On April 1, 2003, a large crowd holding signs attended City Hall. City Council granted public hearing to the appellants which was scheduled on June 17, 2003. 

In early June, the Planning Department made a motion to postpone the public hearing, saying that the city is seeking a report by a third party engineer to evaluate the coverage needs of Sprint. The report was due in mid July. City Council decided to postpone the hearing until Sept. 16. Meanwhile, the Planning Department let Sprint install the antennas at 1600 Shattuck Ave., ignoring the pending public hearing. Residents objected to the installation. However, Mr. Rhoades claimed that the antennas are only “mock.” Residents have a detector that when pointed at 1600 Shattuck shows microwave radiation beyond the safe levels set by the FCC. 

Residents questioned the legality of mock structures, since they are not defined in any ordinance, and hence it is not clear if they require permits. The city attorney, Ms. Albuquerque, in her e-mail of June 23, agreed that there is no law regarding mock structures. She, however, strongly defended Sprint’s mock antennas. 

According to the Berkeley Telecommunications Ordinance, the city should provide the public with information regarding existing and proposed wireless 

facilities in Berkeley. To support Sprint, the Planning Department refused to provide such information to the appellants. On Aug. 22, a lawsuit was filed against the city for unlawful conduct, discrimination against the appellants in favor of Sprint, and causing emotional distress to them. Only then, on Aug. 25, Ms. Cosin of the Planning Department informed us of the availability of a complete inventory. On Aug. 26, Assistant City Attorney Cowan sent a letter to the appellants anxiously seeking their lawsuit. 

After two and half months, the Planning Department together with Ms. Albuquerque are now seeking another postponement of the hearing, saying that the report by the third party engineer is not available. This is yet another scheme by the Planning Department to diffuse efforts of appellants and give time to Sprint agents to collect signatures on their misleading petition forms. The appellants have made arrangements with an attorney who is coming from LA to represent them in the Public Hearing on Sept. 16. The city will be held responsible with lawyer’s fees, if the attorney flies from L.A. to only find out that the hearing is postponed. 

All things considered, neighbors of 1600 Shattuck believe that in applying for a use permit Sprint has breached laws, the Planning Department has tried to cover up for Sprint, and some city staff have been devotedly helping Sprint. Moreover, City Council is turning a deaf ear to what the neighbors are saying.  

The public is invited to attend the public hearing at 7 p.m. Sept. 16 in Old City Hall, to see City Council and Sprint vs. the public. 

Shahram Shahruz, PhD is a research scientist specializing in systems and circuits, a CAL Alumnus, a Berkeley resident for 20 years, and an appellant of the case at 1600 Shattuck Ave.