Ted Jordan, Managing Assistant City Attorney, presented the City Attorney Report No. R11-0213, dated June 7, 2011, "Developments in the Law Regarding Regulation of the Placement of Cell Towers and Related Equipment" in front of the Public Works Committee, June 15th.
In addition to the information given in the City Attorney report Jordan offered to the Public Works Committee
- that the city of Los Angeles could regulate installation of cell towers in the PROW based on time, place and manner of installation.
- that, based on the Telecommunications Act of 1996, the FCC could not restrict installation based on environmental concern AS LONG AS the tower was operating WITHIN the FCC guidelines.
- that the limitations on presenting health concerns as a reason to oppose installation ONLY apply when a gap in coverage exists. If a gap in coverage does not exist it may be possible to consider health concerns as a reason to oppose installation.
- that changes in the ordinance may result in a dramatic increase of work for the city and add additional cost to the city.
Jordan further recommended
- that required notification should be extended to more residents.
- that a complete picture should be presented to those residents so that they have full awareness of what the proposed installation would be.
- that aesthetic changes could be made to make tower less intrusive.
Bill Rosendahl's Northern District Director and Senior Counsel, Norman Kulla, stated that the City Councilman supports the report and recommendations but added that there should be a showing by an applicant that the proposed tower satisfies acceptable health exposure to residents.
Chris Spitz, Chair, Land Use Committee, Pacific Palisades Community Council pressed for a moratorium on installations until a revised ordinance is completed. This request was reiterated by many Neighborhood Council Representatives.
GettheCELLOut members requested that the city impose permit duration limits, require that renewed permits fall under the requirements of the new ordinance, and enact that any pending application for a permit that is not final on the effective date of the ordinance shall be subject to the requirements of this ordinance.
Public Works Committee Response
Councilmember Jose Huizar indicated that a follow-up joint meeting with the Planning and Land Use Committee will occur as soon as possible and they will work together to make recommendations on amending the current ordinance. An inquiry into whether a moratorium is necessary, will take place.