Letter to City Council

September 10, 2012

 

Hon. Herb J. Wesson, Jr., President

Ho. Ed P. Reyes, President Pro Tempore

Hon. Tom La Bonge, Assistant President Pro Tempore

Hon. Richard Alarcon

Hon. Joe Buscaino

Hon. Jose Cardenas

Hon. Mitchell Englander

Hon. Eric Garcetti

Hon. Jose Huizar

Hon. Paul Koretz

Hon. Paul Krekorian

Hon. Bernard C. Parks

Hon. Jan Perry

Hon. Bill Rosendahl

Hon. Dennis P. Zine

 

Los Angeles City Council

City Hall

200 North Spring Street

Los Angeles, CA 90012

Re: Council File No. 09-2645/Proposed Amendments to "Above Ground Facilities" Ordinance, LAMC Sec. 63.03.2 ("AGF Ordinance") – City Council Agenda 9/11/12

 

Honorable Councilmembers

Get the CELL Out is a group of Sherman Oaks community stakeholders who have been adversely affected by the current ordinance of cell tower installations in the Public Right of Way (PROW). Get the CELL Out strongly supports the reports of the PLUM and Public Works Committees ("Reports"), which recommend that the AGF Ordinance be amended in the following respects:

• Remove the utility pole/light pole exemption
• Expand the notification requirements
• Enhance existing aesthetic criteria
• Impose permit duration limits

Get the CELL Out urges the Council to adopt the Report without delay. We would further request that the Council direct the following additional, reasonable amendments to the AGF Ordinance.  

• Require that renewed permits fall under the requirements of the new ordinance:
• This provision is consistent with the San Francisco Ordinance, specifically Section 4.b.2 which states "The Department shall require that any Personal Wireless Service Facility installed in the Public-Rights-of-Way prior to the effective date of Ordinance No. 214-07 be subject to all of the requirements of this ordinance."
• 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.
• This provision is consistent with San Francisco Ordinance, specifically Section 4.b.1 which states "any pending application for a permit under Chapter 11, Article 1, Section 11.9 (b) of the San Francisco Administrative Code that is not final on the effective date of this ordinance shall be subject to the requirements of this ordinance."
• Expansion of the right of appeal to "all aggrieved persons" 
• Consistent with appeal rights under L.A. Zoning Code for CUPs/private property installations; currently, appeal of AGF permits in the PROW is only afforded to the limited number of owners/occupants who received notice -- a highly restrictive provision which stands alone among California cities.
• Provision for public comment and/or a hearing prior to permit issuance, for all proposed installations in residential zones
• Currently no such hearings are provided for.
• Requirement for the applicant to provide an RF emissions analysis and/or a certification of compliance with FCC requirements

§  In 2011 the World Health Organization's International Agency for Research on Cancer reports that radio frequency electromagnetic fields are possibly carcinogenic to humans based on an increased risk for glioma, a malignant type of brain cancer associated with wireless phone use. An RF emissions analysis would appropriately inform stakeholders of their level of risk.

Numerous large and/or nearby California cities include several of the above provisions in their ordinances governing PROW installations. We believe they fairly protect the rights of stakeholders who otherwise might be adversely affected by minimal installation and notification requirements.

 

Thank you for your consideration and attention to this important matter.
 
Sincerely,

 

Get the CELL Out

 

Letter to Ted Jordan

Read the letter sent to the City Attorney Managing Assistant, Ted Jordan, who is working on the revised ordinance for cell tower installations in the PROW.  Making specific requests to:

1. Impose permit duration limits
2. Require that renewed permits fall under the requirements of the new ordinance
3. 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.

Cell Tower meeting in Downtown

ATTENTION! Public Works  and PLUM joint Committee Meeting

The promised joint meeting of the PLUM and Public Works Committees will take place

 

NEXT TUESDAY, JULY 26, at 3pm at City Hall (mtg. room 350). 

 

 

Approximately 30 people attended and spoke in support of regulation reform at the prior Public Works meeting in June.  Remember, only the Chair was present at that time, although more councilmembers are expected on 7/26.  Many cell company reps were in attendance at the June meeting and it is possible that they may testify against the reform effort at the joint committee meeting.  We therefore urge as many community members as possible to come to the meeting on Tues. and publicly speak out on the need for reform!  Please forward this email to other interested persons!

It will be extremely important for as many

concerned community leaders and concerned residents as possible

to attend and speak out on regulatory reform.

MARK YOUR CALENDARS.

 If you need directions you can email cabanes2@gmail.com.

Notes From the Public Works Committee Meeting, June 15th.

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 15^th.

 

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.

 

 

Public Comment

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.

Cell Tower City Meeting JUNE 15 2pm

ATTENTION! Public Works Committee Meeting

June 15 2pm. City Hall

The City Attorney Report has been drafted. The discussion of this report has been place on the agenda of the Public Works Committee Meeting June 15.

It will be extremely important for as many

concerned community leaders and concerned residents as possible

to attend and speak out on the need for regulatory reform.

MARK YOUR CALENDARS.

 If you need directions or would like to set up a carpool you can email cabanes2@gmail.com.

IMPORTANT UPDATE

To the Albers Street Community:

We are still here! We are still fighting!

We will be meeting with Congressman Brad Sherman's Office, Thursday, June 2nd to ask for his support on our local issue and to request federal efforts to restrict the ongoing cell tower proliferation that has affected and continues to affect our neighborhood.

The results of this meeting will be posted on our website.

Sincerely,
GetTheCELLOut

Thank You

GettheCELLOut wants to thank all the neighbors who participated in the garage sale fundraiser. Thanks to you we were able to raise enough to cover our cost thus far!

There is still a lot of work to be done. Rest assured, we are working very hard towards achieving our goal to Get the CELL Out. But we wanted to take this moment to offer a great big THANKS!