Palmdale Proposes Rewrite of Amateur Radio Antenna Ordinance

[Wrightwood]

The City of Palmdale's new ordinance is gaining a lot of attention:
http://www.arrl.org/news/stories/2008/12/19/10512/?nc=1


Even Wrightwood is mentioned in this video:

<a href="http://www.youtube.com/v/HmWLFhjjbUY&amp;color1=0xb1b1b1&amp;color2=0xcfcfcf&amp;feature=player_embedded&amp;fs=1" target="_blank" class="new_win">http://www.youtube.com/v/HmWLFhjjbUY&amp;color1=0xb1b1b1&amp;color2=0xcfcfcf&amp;feature=player_embedded&amp;fs=1</a>

[SkierBob]

My dad tells me ARRL's big shot Washington D.C. attorneys sent City of Palmdale's Podunk attorney certified mail stating they are wrong and she is out of her league, and to backdown our prepair to loose by lawsuit. 

He says they'll backdown Jan 7th, or loose by lawsuit anyway.

[Wrightwood]

I have no control over "You Tube's" choice of related videos when the video is completed.

[kew]

Who are the two people in the video?

[Bob C]

Finally! Justice from the People's Republic of Palmdale

http://www.arrl.org/news/stories/2009/02/06/10620/?nc=1

Judge Rules in Favor of Amateur in Palmdale Antenna Support Structure Case

On Friday, February 6, Los Angeles Superior Court Judge David Yaffe issued a ruling in favor of Alec Zubarau, WB6X, of Palmdale, California, in Zubarau's case against the City of Palmdale. Last year, after Zubarau received a valid building permit from the City to erect an antenna support structure, the City of Palmdale revoked Zubarau's the building permit after he had erected the tower. According to Zubarau's attorney, Len Shaffer, WA6QHD, the Court's ruling invalidates the actions of the City in revoking Zubarau's permit and requires the City to allow him to replace the tower. "Zubarau's case has drawn nationwide attention and financial support from the ARRL, Amateur Radio clubs and individual Amateur Radio operators from around the country," said ARRL Southwestern Division Vice Director Marty Woll, N6VI. "Although this ruling does not directly address the City's proposed zoning ordinance amendment, based on the Court's language, it should provide considerable support for those hams attempting to negotiate a more reasonable provision allowing antenna support structures in the Palmdale City Code."

[Toolman]

Palmdale doesn't stand a chance against antenna restrictions, or any City or County much less home owner group CC&R restrictions for that matter. In 2003 Gov. Davies signed California into the PRB-1 bill. If Palmdale's attourney's don't back off, the ARRL will smoke-em.

Here is a qoute from the bill

"AB 1228 incorporates the language of PRB-1 into the statutes of California. 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."

 Even a 40 meter wire antenna must be at least 40 feet above ground to work effeciently....nice. Another choice is a verticle and a boat load of ground radials which need to be a minimum of 1/4 wavelength.

Here's a link to the Davies signing:
http://www.arrl.org/news/stories/2003/07/15/101/

[SkierBob]

Toolman; I'll bet you lunch at the Yoddler the new proposed ordinance not only flies, but will have the blessing of local hams.

[Toolman]

Bob... normaly I would take a slam dunk bet like that but....

 Your statement of the blessing of the local Hams of Palmdale on this ridiculous proposal by the Palmdale City Counsel leaves me speechless and therefore I can not take that bet.

 However, If the Hams of Palmdale had a spine and stood up for their legal rights and let the ARRL step in to squash Counsel like a bug, I'd say...

 Make mine a Yodeler burger with fries and an MGD on tap.

 Since you have the inside scoop on the Palmdale Hams laying down and blessing this ordinance, share with us why they would possibly consider not standing up for their legal right and petition such nonsense. From the video... if it is real  it didn't appear the Ham being interviewed was tucking his tail.

[Bob C]

However, If the Hams of Palmdale had a spine and stood up for their legal rights and let the ARRL step in to squash Counsel like a bug, I'd say...

Up until December, the AVARC was holding their monthly meetings in Palmdale. In January, they moved back to Lancaster (where they were for a long long time). I'm told the move was coincidental, but I'm still glad they're not meeting in Palmdale any more.

[RobertW]

Toolman; I'll bet you lunch at the Yoddler the new proposed ordinance not only flies, but will have the blessing of local hams.

IF this were to happen WITH the blessing of the local hams, that would make Palmdale Ham operators the laughing stock of the Amatuer Radio Community.   

[SkierBob]

IF this were to happen WITH the blessing of the local hams, that would make Palmdale Ham operators the laughing stock of the Amatuer Radio Community.   

I could see how one might feel that way without knowing the players.

After spending 40k plus and getting burned in the lawsuit nobody's heard a peep out of the city.

I think they're toast 

[Wrightwood]

ARRL Southwestern Division e-Communicator
Palmdale Antenna Case

Meanwhile, in California, the court decision in the long-running WB6X tower case is now final after the City of Palmdale allowed the appeal period to expire without challenging the ruling.  In short, the judge ordered the city to reinstate an improperly revoked building permit for a crank-up tower.  Alec Zubarau, who was ably represented by ARRL Volunteer Counsel Leonard Shaffer, WA6QHD, may now request a permit for an antenna to go on the tower.  Local hams have also noted that, since the hams' legal victory, city personnel have made no further mention of the harsh, controversial and likely illegal proposed antenna ordinance amendment it floated last year.

Notable in the ruling is the court's description of Palmdale's actions as "an abuse of discretion by the City Council", the statement that the city's decision to eliminate the tower "directly violates the express requirements of the statute", referring to California's PRB-1 equivalent law, and that neighbors' unsubstantiated complaints "do not constitute substantial evidence".

[SkierBob]

I've just been informed that C.O.P. has thrown in a last minute apeal.

[Wrightwood]

[SkierBob]

I'm confused, did the city appeal it or not?

I got my info from K6GX0

[Wrightwood]

Bob,
I apologize as I forgot to post this line of text that came with the email above:

Sent: Wednesday, May 27, 2009 7:25 PM
Subject: FW: [PRB1] More re. WB6X Case

The city of Palmdale did file an appeal against the court ruling listed below. The fight is not over!!!

 

[Wrightwood]

The City of Palmdale continues to try and pass an ordinance that will regulate amateur radio station antenna structures. Their latest effort does not allow for structures to be erected at reasonable heights to accommodate emergency communications.

The new draft ordinance:
http://www.wrightwoodcalif.com/kw6ww/misc/Palmdale/DraftZoningOrdinanceSection95.03_6-09.doc

A couple of keys points that I noticed in the new draft ordinance:
5.   A single vertical antenna mounted directly on the ground or on a roof that complies with the following:
a.   Is located in a non-residential zone or in a residential zone where the lot on which the antenna is located and all lots within a 1,000 foot radius are at least one acre in size
b.   The height extends no more than six (6) feet above the main structure; and

7.    No more than one antenna structure and one whip antenna shall be permitted on each site.
------------------
D.    The following types of antennas are prohibited:
2.    Derrick-style antenna support structures.


Documents supporting the Zubarau ruling:
http://www.wrightwoodcalif.com/kw6ww/misc/Palmdale/P.A.inSupportofPettition.pdf

http://www.wrightwoodcalif.com/kw6ww/misc/Palmdale/ReplyP.A.pdf

Zubarau order:
http://www.wrightwoodcalif.com/kw6ww/misc/Palmdale/ZubarauMinuteOrder.pdf

[Bob C]

But apparently, its "ok" to erect huge ugly wind turbines though

If I remember correctly, Palmdale tried this about 15 years ago. I don't remember the details, but I do vaguely remember the problem going away, without too much hassle. Why they are making SUCH a big stink this time, is beyond me.

[SkierBob]

The city and the mayor didn't like the water district wind turbine either..

Anyone have a use for one of these?

[Wrightwood]

Looks like San Diego gave it more thought than Palmdale did:


After three hours of testimony from city staff and the public this
morning, the San Diego City Planning Commission voted unanimously to
recommend that the City Council reject a proposed anti-Amateur Radio
antenna ordinance because they believed it was too restrictive. The
planning commission recommended that city staff work with the Amateur
Radio community to produce something more acceptable.

The proposed ordinance attempted to effectively ban antennas over 30
feet high in most parts of the city, and required an $8000 initial fee to initiate an approval process, with no limit on the total fees
permitted.

Only two La Jolla residents, upset over over one particular antenna in their neighborhood, testified in favor. Over 80 amateurs signed up to speak against the proposal. The San Diego DX Club, which had previously attempted to work with the city to produce a reasonable ordinance, led the opposition. An overview was provided by DX Club attorney Felix Tinkov. SDDXC members attorney Larry Serra, N6NC, Jim Price, K6ZH, and Arnie Lewin, W7BIA were primary spokespersons in opposition. Former SDDXC president Glenn Rattmann, K6NA, has played a significant background organizing role as well.

20 or more other amateurs including California's Emergency Management
Agency's John Hudson, WA6HYQ, and San Diego ARRL Section Manager Steve Early, AD6VI, also spoke. Steve Early has also worked to rally San Diego city's resident amateurs. Thanks to all who participated.

In spite of today's outcome, the city council can still hold hearings
and consider the proposed ordinance. The team of concerned San Diego
amateurs will continue to follow the situation and respond
appropriately.

ARRL SW Division