Rio Linda Online is hearing from neighbors who are raising concerns about a potential violation of the Brown Act after a cell tower project was approved by the Sacramento County Planning Commission. The project, intended to improve first responder communications, has ignited controversy due to discrepancies between the initial proposal and the final approved plan.
The cell tower was first presented to the Rio Linda Elverta Community Planning Advisory Council (CPAC) in January 2024. The council, while advisory in nature, plays a crucial role in shaping community sentiment and influencing subsequent decisions by the Planning Commission and Board of Supervisors.
The project site is shown as Front Street at O Street, on the Aerial Lift property.
Initially proposed as a “broadleaf monopole” designed to resemble a tree, the tower was presented as a way to minimize its visual impact on the neighborhood.
Initially, the CPAC voted against the project in its original form. See the vote transcription as Sacramento County recorded it:
18:08 – (Clerk) Chair Torres, go ahead and call in the vote call.
18:13 – (Torres) Ok… Member Morris
18:20 – (Morris) We’re making a motion?
18:21 – (Torres) Oh, sorry, apologies. Yes, there is anybody to make it?
18:29 – (Morris) Um, I guess I’ll make a motion to approve as presented.
18:33 – (Torres) And is there a…
18:34 – (Morris) Second?
18:37 – (Tackett) I’ll second.
18:41 – (Clerk) For the record there’s a first by member Morris, and a second by member Tackett, ok, I’ll call in the vote roll call- Member Morris?
18:54 – (Morris) Aye
18:56 – (Clerk) Member Tackett?
18:57 – (Tackett) Yes
19:00 – (Clerk) Member Silva?
19:01 – (Silva) No.
19:03 – (Clerk) Chair Torres?
19:04 – (Torres) No.
19:06 – (Clerk) Member Royer?
19:08 – (Royer) No.
19:10 – (Clerk) and Member McGowan?
19:20 – (McGowan) No.
19:24 – (Clerk) So we… The motion does not pass for item one.
19:38 – (Meuller) In that case, since your motion to pass it did not… Since your motion for approval did not pass, would you like to make a motion of denial (garbled)?
The clerk affirmed that the vote did not pass, and Planner Meuller acknowledged that the vote failed.
Following the council’s negative vote, county staff employed persuasive tactics in an attempt to reverse the original decision.
Later in the discussion, member Hal Morris questioned what was happening:
Morris – The motion I made to approve was “as presented.”
Meuller – Yes.
Morris – So that would include everything in that.
Meuller – Yes… so your motion was the use permit and the special development permit for the setback deviations- That’s what yours was and it did not pass.
Morris – Right, so that would deny it then- right there without doing that (next) motion.
Meuller – It did not pass, so generally what we do is we give… it’s a defacto denial, but generally what happens when it goes that way is that we give the commission the opportunity to rephrase it, so that the motion is matching the action that we’re taking, if that makes sense.
No, Miss Meuller. That doesn’t make a lot of sense. In fact, I call that nonsense.
The vote failed at 19:24 of the recording. At that point, it should have been put aside for the planners, developers, and engineers to rework the project and present it again later in a more favorable light for the Council. County staff should not have been allowed to cajole or browbeat the council into voting until they got the result that they wanted.
After two more aborted votes and a final plea from the property owner, the engineer, and someone representing first responders (although our local service providers were not present and did not weigh in on the issue), the project was passed.
Despite the questionable vote, the project moved forward to the Planning Commission.
Alarmingly, Rio Linda Online has discovered that the design presented to the commission was significantly altered from the original proposal, omitting the “broadleaf monopole” or camouflage concept altogether.
“We feel like we were misled,” said one local resident. “The project that was approved is not the same project that we voted on.”
Multiple CPAC members we spoke to were unaware and had not been advised of the change.
At least twice during the meeting, Council member Tonia Silva said “I don’t want it to be an eyesore.”
Commissioner Royer said during the meeting, “I’d like to have your personal address, and we go build an 80-foot tower 67 feet from your property line. If a private citizen proposed that, absolutely not… AT&T isn’t doing this out of the kindness of their hearts- They are making money off of this.”
The discrepancy has prompted a complaint to the Fair Political Practices Commission, alleging a potential violation of the Brown Act, which governs open meetings and public participation in government decision-making.
The Rio Linda Elverta Neighborhood Association held a meeting in July and decided to send a letter to Supervisor Sue Frost, the Sacramento County Planning Commission, and the Sacramento County Planning Department. The letter requests that the Planning Commission reverse or vacate its project approval and send it back to the Community Planning Advisory Council (CPAC) for further review. The neighborhood association believes the community should have more opportunities to provide input on the new project design.
A primary concern expressed at the RLENA meeting was the fear of setting a precedent. As an unincorporated community, Rio Linda lacks representation and influence in county government. There’s a strong feeling that if this issue isn’t addressed to the community’s satisfaction, it could open the door for similar, unwanted projects in the future. In essence, residents are questioning what the next step is for the community if this matter isn’t resolved.
The cell tower is now slated for construction at the southwest corner of Front Street and O Street.
This is a developing story. Rio Linda Online will continue to monitor it and provide updates as they become available.
January 24 2024 CPAC meeting packet: https://agendanet.saccounty.gov/RioLindaElvertaCPAC/Documents/ViewDocument/RIO_LINDA_ELVERTA_COMMUNITY_PLANNING_ADVISORY_COUNCIL_8962_Agenda_Packet_1_24_2024_7_00_00_PM.pdf?meetingId=8962&documentType=AgendaPacket&itemId=0&publishId=0&isSection=false
May 6, 2024 Sacramento County Planning Commission meeting packet: https://agendanet.saccounty.gov/CountyPlanningCommission/Documents/ViewDocument/COUNTY_PLANNING_COMMISSION_MEETING_8834_Agenda_Packet_5_6_2024_5_30_00_PM.pdf?meetingId=8834&documentType=AgendaPacket&itemId=0&publishId=0&isSection=false
January 24 2024 CPAC meeting audio recording: https://agendanet.saccounty.gov/RioLindaElvertaCPAC/Meetings/ViewMeeting?id=8962&doctype=2
