Return to Index of 2016 Minutes
MINUTES FOR JUNE 23rd 2016
Voting Members in Attendance: Chris Spitz, Maryam Zar, Jennifer Malaret, Richard Cohen, Reza Akef, Bruce Schwartz, Barbara Marinacci, Stuart Muller, Richard Wulliger, Sarah Rena Conner, Janet Anderson, Peter Culhane, Cathy Russell and Sue Kohl.
Voting Alternates: Howard Robinson, Carol Bruch, Susan Payne, Doug McCormick and Michael Soneff.
Non-voting Advisors and Alternates: Ted Mackie, Brian Deming and David Peterson.
Start of Business Meeting
1. Reading of Community Council’s Mission. Cathy Russell read the Mission Statement.
2. Call to Order and Introduction of the Board and Audience. Chris Spitz called the meeting to order at 7:08 pm. Introduction of the Board and audience.
3. Certification of Quorum. Chris certified that a quorum was present at 7:12 pm.
4. Adoption of Minutes/Upcoming Meetings. Chris deemed the June 9, 2016 minutes approved as corrected. Upcoming meetings: 7/28/16. (1) Announcement of Candidates Running in the Elected Representatives Election, Summer 2016. (2) Proposed Bike Lane Enhancement on Temescal Canyon, between Sunset & PCH (Presenting: CD11 Mobility Deputy Jessie Holzer). (3) Introduction of new Palisadian Post Editor, John Harlow. (4) Jessica Berman Foundation 2nd Annual Wonder Woman Walk presentation (Huntington Palisades, Sept. 18). 8/25/16. (Tentative) Candidates Forum, Elected Representatives Election. (Note: there is one meeting only in the months of July and August.) 9/8/16. Announcement of Election Results.
5. Consideration of Agenda. The President considered the agenda.
6. Treasurer’s Report. Richard Cohen reported the financial status as of June, 2016 in terms of an end-of-the term annual report on the finances of the council. Current account balances are $34,934.27. Richard articulated the year-end results; see report below. The increase in revenues was primarily from the award event and the tribute book that Maryam Zar put together. The event had a net profit of approximately $7,400.00; without the tribute book the event would have been run at a loss. Dues and donations this year were just under $1,300, a very small amount. The operating expenses of the council resulted in a net operating loss of approximately $4,500. Real improvements included the website upgrade and on-line voting development to replace the previous costly hard copy newsletter.
7. Reports, Announcements and Concerns.
7.1. Announcements from the President, Chris Spitz.
- Home Sharing (Short Term Rentals) Ordinance Update. CPC hearing 6/23/16. Recent Staff Report: http://planning.lacity.org/ordinances/docs/HomeSharing/StaffRept.pdf. Chris reported that the City Planning Commission hearing of this ordinance took place that morning. She was unable to attend and stated that she would let the CD11 Team report on the outcome later in the evening.
- BMO-BHO Code Amendment Update. Mike Bonin Letter to Director of Planning: https://pacpalicc.org/wp-content/uploads/2016/06/Palisades20BMO20letter.pdf. Chris stated that everyone has seen the strong letter that Councilmember Bonin sent to the Planning Director requesting a carve-out for the Palisades. A link was provided in the agenda. She has also been in touch with key Planning staff, who advise that they are in fact working on a possible carve out which would allow for different treatment in our unique Palisades neighborhoods with different needs and concerns. Chris remarked that this is precisely what PPCC has called for. The PPCC letter opposing the BMO-BHO amendment as drafted is posted on the PPCC website in the Documents tab, under Motions & Positions. The CPC hearing on the amendment is still tentatively scheduled for July 14. Chris will keep everyone apprised of any further developments.
- Village Project Update. Chris reported that by now many have received notice from Caruso Affiliated that necessary storm drain work will begin on June 27. The community has actually received a detailed message from the Caruso Affiliated team with additional information about the work ahead, which can be read on the PPCC Facebook page, at facebook.com/pacpalicc. Caruso Affiliated can also be contacted directly at 310-744-2301 with any questions. The PPCC President is also in the process of forming an ad hoc PPCC Committee, to be called the Village Project Liaison Committee (“VPLC”), to monitor developments and concerns as construction commences. CD 11 will be invited to act as an advisor to the committee, and the members will consist of David Kaplan as Chair, Sue Kohl, Patti Post, Maryam Zar ex-officio along with representatives of the Chamber, PRIDE and Caruso Affiliated (as a stakeholder member). This committee is the natural progression from the VPLUC, as its work is now completed. Chris thanked the VPLUC members again for their important service on behalf of PPCC and the entire community. She or Maryam will keep everyone posted on the progress of the new committee.
- Village Shell Station Update. Chris has been advised by CD11 Planning Deputy Ezra Gale and an attorney for the applicant that there have been ongoing negotiations with neighbors and there is still no hearing date on the horizon. The applicant’s attorney Neill Brower, who is with the firm of Jeffer, Mangels & Butler, advises that “the project is not on hold, per se, just moving slowly, with some additional discussion with the neighbors having occurred.” Chris stated that when she inquired about any possible changes in the application, Mr. Brower declined to provide details. Again, she or Maryam will continue to update the board as more information becomes available.
- 1.5 AB 2788 (Gatto). New bill that would remove local government control over location and aesthetics of virtually all cell towers in all public rights of way (including in front of homes, along scenic highways, adjacent to parklands, in coastal areas, etc.) and on all government property (including schools, parks and recreational facilities) other than fire stations, throughout California (passed in Assembly; Senate Committee hearing 6/21/16). See opposition of various California State governmental coalitions: http://www.apacalifornia.org/wp-content/uploads/2016/04/AB-2788-Gatto-Coalition- Oppose-SEN-Utilities-Final.pdf. See commentary by telecom attorney and expert Jonathan Kramer: http://celltowersites.com/2016/06/14/massive-land-grab-wireless-hit-california- legislature/. See also attached PPCC letter. Chris was pleased to report that this bill – which would have removed local government control over location and aesthetics of most cell towers in the public right of way and on public property statewide – was wisely withdrawn by the author, Assemblymember Gatto, on Tuesday afternoon. This was a result of a concerted effort by a network of community leaders on a state, regional and local level over the course of several days, including an extensive effort on Chris’ part to reach out to all relevant State and local officials as well as community networks. Chris explained that this was a dangerous bill that would have had direct negative impact on the Palisades. It would have prevented the City and the public from any say whatsoever in the siting and aesthetic design of most cell towers in the public right of way in front of homes, along scenic highways, in Specific Plan areas and the Coastal Zone. It was opposed or about to be opposed by numerous cities, counties and governmental coalitions statewide, including the City and County of Los Angeles, San Francisco, the League of CA Cities, the CA Urban Counties League and the American Planning Association (CA). Chris reflected that she was proud of her own and PPCC’s involvement in this effort, which directly led to the decision by ASM Gatto to pull the bill. PPCC’s letter in opposition was attached to the agenda and posted on the PPCC website, had also been forwarded to ASM Gatto. Chris thanked Councilmember Bonin, who acted immediately after she advised him of the bill to introduce a Resolution in opposition in City Council that was set to be voted on next week; her assumption is that it likely would have passed, as did a similar Resolution in opposition to AB 57 which passed last year. Chris indicated that the prospect of opposition by the City of Los Angeles – where many of Gatto’s constituents live – no doubt weighed heavily in his deliberations. Those interested in further information are urged to take a look at the website of nationally-known and respected telecom expert and attorney Jonathan Kramer: celltowersites.com. Chris and others following the matter fully expect this bill to be resurrected in some form by another legislator in the coming year. We will remain vigilant. Chris also reminded the board that PPCC has never taken a position against the erection of cell towers. Certainly everyone recognizes the need for improved reception. PPCC’s general policy – a community consensus, consistent with existing federal law – is that local government control over siting and aesthetics is necessary and appropriate and should not be denied as this bill would have done. Chris again invited anyone with questions about this matter to contact her.
7.1.6. Library Community Room Availability/Meeting Times.
Chris stated that at the last PPCC meeting, remarks were made to the effect that PPCC should attempt to obtain permission to use the library community room for longer than two hours each meeting. She has already explained publicly and to the individual in question why this is not possible, but stated that she would explain again now. Library policy, directed by the central Library downtown and dictated by liability concerns, is that no one is permitted to use the library after hours and certainly not without a library staff member present. Moreover, the library doors can only be locked by the librarian or other authorized staff member; keys are not given out to community members under any circumstances. Chris confirmed this policy again this week. In PPCC’s case, for many years, the librarian has kindly agreed to stay after hours on our meeting nights and the meetings must end by 9pm in order to accommodate her. This policy cannot change unless another meeting room is found that would accommodate later hours. Of course the Caruso project will eventually have a community room available to PPCC, but that room will likely be subject to strict hours of use as well. More importantly, in her two years as President and many years on the Council before then, Chris had never heard of any groundswell opinion to hold meetings longer than two hours. Most people she speaks with think the current schedule – 2 meetings or four hours a month – is more than enough. When she anticipated in rare instances that more time might be needed, meetings were held in other locations, such as the high school or Rec Center gyms. In fact, of the over 100 neighborhood and community councils in the City, PPCC is the only council that Chris knows of that meets routinely twice a month. Parliamentary authorities that she has consulted all state that 2 hours is really the maximum amount of time for productive meetings. Chris stated that of course when PPCC’s new President takes office, if enough members feel that the meeting times or location should change, please let her know and Chris is sure Maryam will schedule that for discussion at a future date.
7.1.7. President’s End of Term Remarks.
Chris passed out a two-sided handout listing all PPCC innovations and topics discussed or acted on in the past two years. See handout attached. She stated that it was an honor and privilege to serve as President for the past two years. She explained that during that time the board addressed numerous significant issues impacting our community — from Homelessness to the Caruso Affiliated Village Project . . . from Pole Top Distributing Stations to the Parklet . . . and from “STRs” and “AGFs” to the “BMO-BHO.” She and the board greatly enhanced PPCC’s social media and email outreach, updated the Election procedures, adopted needed Bylaws revisions, increased transparency and information flow with the new website additions, and of course bestowed worthy Citizen of the Year, Golden Sparkplug and Pride of the Palisades honors.
Chris explained that in preparation for this meeting she took a look at the minutes to refresh her memory and was surprised at the number of important topics that were tackled, as reflected on the handout. Every one of these topics impacted the Palisades or PPCC to one degree or another. Chris said that she was particularly proud of the many innovations introduced in the last two years, which are also listed on the handout. She believes that PPCC is now stronger than ever and she knows Maryam will build upon these innovations with even more improvements.
Chris reminded the board that during her tenure she repeatedly stressed the importance of members reviewing agendas and informational materials and coming prepared to our meetings, which the Bylaws do require. She also repeatedly urged board members to contact the President with any questions, concerns or suggestions. She reminded members of the placards that were held up at a couple of meetings last year (“Dept. of Suggestions”) as a way to remind everyone that suggestions were welcome. This has been in her President’s message continuously on the website for two years and the minutes confirm that she stressed this repeatedly during the meetings. Going forward, Chris hopes that members will assist Maryam by continuing to come to meetings prepared and by contacting her with questions and suggestions.
Another reminder from Chris to the board: Don’t forget to check the website periodically as it is chock full of information – everything from agendas, minutes and bylaws, to motions and positions on issues, to committee structure, members’ contact info., reports, summaries and presentations, information about government contacts, Palisades organizations, emergency preparedness and the Community and Specific Plans. There is also the continuing Calendar feature as well as the special Election tab and the brand new Area Maps page. Last but not least, Chris reminded all board members that if they haven’t yet paid their annual dues, there is a handy Donate tab on the website which will take payment via Pay Pal or credit card. PPCC’s suggested dues are only $25 for individuals, and of course Chris would like to see every single board member contribute.
Chris sincerely thanked all board, community members and officials who helped and encouraged her along the way, especially her Executive Team who in her words displayed incredible judgment, gave superb advice, and helped her immeasurably to weather a few storms. Special thanks to Janet Turner, who set the bar for public service and innovation on PPCC, and of course Debby, Sharon and the entire CD11 team for putting up with Chris’ many email inquiries! Last but not least, Chris gave a heart-felt shout out to long time Secretary Extraordinaire, Jennifer Malaret. Jennifer served three PPCC Presidents in this capacity with grace and unmatched skills. Even beyond her lightning secretarial skills, she served the board and the community with her analysis, acumen and insight as we addressed so many complex issues in the past several years. Chris remarked that judging from the thousands of hours of time she herself spent on these issues, that Jennifer devoted at least that much time if not more, again strictly as a volunteer with no expectation of reward of any kind. Jennifer didn’t want a fuss paid over her accomplishments, so Chris simply stated: “From the bottom of my heart, thank you Jennifer!” Chris concluded by stating that as President Emeritus, she looks forward to working with the terrific President-elect Maryam and the entire PPCC Executive team.
7.2. Announcements from Governmental Representatives Representatives (Note: Contact information at: https://pacpalicc.org/index.php/government-contacts/).
7.2.1. Los Angeles Police Department (“LAPD”) – SLO Officer Moore — Not in attendance.
7.2.2. Los Angeles City Council, District 11; Councilmember Mike Bonin’s Office.
Sharon Shapiro, Field Deputy. Debbie Dyner-Harris, Deputy Director. Debbie said how much she enjoyed working with Chris Spitz. Debbie and Sharon presented certificates to Chris Spitz and Jennifer Malaret in honor of their outgoing roles as officers and contributions to the community. (1) BMO/BHO Status of Carve-Outs: this is being analyzed by CD11 and there is an opportunity to carve out specific areas within Pacific Palisades. (2) Short Term Rentals (STRs). The ordinance recommended a 90-day rental period. The planning department approved 180 days a year. All of the commission members wanted more time then the 90 to 120 days and had the belief that homes should be rented for a significant period of time. Ultimately the City Council has the final say. The ordinance applies to SFRs and multi family units provided that they are not rent stabilized. Second homes can be rented out as non-residences for 15 days. (3) AGF Ordinance. The ordinance has been sent to Public Works and to PLUM. The item has not been put on either agenda. CD11 has inquired of the Committee chairs as to the status but has not had a response. (4) Community Care Facilities Ordinance (CCFO). There is still an ad hoc City Council meeting and the Chair (Englander) has not been interested in having the committee convene. (5) Preference for community councils to be on par with neighborhood councils and to be given equivalent speaking time at city hearings. There is a WRAC letter in support of this request. (7) Public Safety/Enforcement, particularly in the beach areas. There will be a beach detail established within LAPD and details of deployment are being worked out. Officers will largely be on bikes and additional efforts are expected to start this summer. The original request was seasonal and further evaluation is needed were the program to become permanent. Maryam Zar thanked CD11 and LAPD for their efforts in getting the detail on the ground in time for summer. Discussion: (1) MKPOA representative expressed support for carve outs in the Palisades from the BMO/BHO. The carve outs are a separate issue from the BHO/BMO amendment. Councilmember Bonin was supposed to clarify this and issued a letter this past week. (2) Potrero Canyon status. The second auction proceeds are being awaited to go into the fund. One more home is to be sold at a later auction hopefully before the end of the year. There are so many moving parts that are difficult to coordinate such as undergrounding utilities on PCH but DWP has not been responsive. More clean dirt is needed and efforts are underway to coordinate with Caruso. Coastal commission permits, LADBS permits, etc. and other parts are needed to be under control. The design is essentially complete. The pedestrian bridge has been added into the project but that component has not been funded. CD11 offered to attend with a future and full presentation on Potrero.
7.2.3. Office of Los Angeles Mayor Eric Garcetti. Daniel Tamm, Westside Area Representative, Mayor’s Interfaith Liaison — Not in attendance.
7.2.4. California State Assembly, Office of Assemblymember Richard Bloom. Stephanie Cohen, Field Representative — Not in attendance.
7.2.5. California State Senate, Office of State Senator Ben Allen.
Lila Kalaf, District Representative. Eugene Tseng in attendance. Eugene reported that (1) the budget was balanced and is on time with more investments toward homelessness, rainy day fund, childcare and an increase in seats for California students in UC schools. (2) the Senator voted for an amendment to increase transparency. (3) the bill for vehicle registration fraud investigation is what SB773 is hoping to address. (4) SB1260 deals with storm water standards. (5) AB2788 was brought to their attention and Senator Allen he is very concerned about any other resurrection of this bill. Discussion: PPCC is very against photo enforcement by the MRCA in Temescal Canyon Park. Tina in the office is working on the issue. Also the camera at Topanga Outlook is similar in terms of revenue raising rather than trying to solve legitimate traffic safety concerns.
7.2.6. United States Congress, Office of Congressman Ted Lieu.
Janet Turner, District Representative. Janet Turner in attendance. Janet stated that (1) Congressman Lieu was part of the sit-in to fight for gun control. https://www.facebook.com/RepTedLieu/videos/489004171296241/. (2) There was a meeting with the USPS inspector and a handout was provided to fight mail theft; reports can go to postalinspectors.uspis.gov. (3) The IRS scam should be reported to this website: tigta.gov. If people can use caller ID to write the source number down it should be reported to this website. (4) Janet presented certificates to Chris Spitz and Jennifer Malaret in honor of their service to the community and in recognition of their outgoing officer positions.
7.3. Announcements from Board Members and Advisors.
7.3.1. Officers/Area Representatives.
(1) Maryam Zar, Vice-President and President-Elect. (1) Maryam thanked outgoing President Chris Spitz for her two years of grace and guidance on behalf of the community. (2) There is a petition on line to support AYSO in an effort to obtain more field time at Paul Revere.
7.3.2. Organizational Representatives – Report on Behalf of Organizations.
(1) Sarah Rena Conner (PPRA) reported advocating against the governor’s affordable housing bill Budget Trailer 707 because (while in favor of affordable housing) it is affixed to the state budget and could change the character of Pacific Palisades. The bill says that multi-family projects could be done by right and does away with local control. CEQA compliance, compliance with the Coastal Act, local public review and oversight to the addition of additional affordable housing units are not guaranteed. Replacement projects are not included. Senator Allen and Supervisor Keuhl are both against this bill. PPRA would like PPCC to join efforts against this bill. (2) Susan Payne reported that the Chamber of Commerce’s annual sidewalk sale is this coming Saturday and is a Village-wide event.
7.3.3. PPCC Advisors — None.
7.3.4. Board Members, Other Reports — None.
8. Reports From Committees.
8.1. Election Committee (Chris Spitz, Chair).
Update on Area and At-Large Representatives Election, Summer 2016. See Notice of Election (https://pacpalicc.org/index.php/notice-of- election/), Area Maps (https://pacpalicc.org/index.php/area-maps/) and Election tab on all pages of PPCC website. Chris stated that hopefully by now everyone has seen on the website the new Election tab, which takes visitors directly to the Notice of Election. This document in turn provides information on how to become a candidate for Area or At-large Representative. Please note that PPCC is actively seeking candidates for all areas and the at-large seat. Chris did have an update on the incumbents who are running for reelection: as previously noted and as stated on the website, the Areas 2, 4, 5, 7 and 8 incumbents are running again. The Area 3 incumbent, Greg Sinaiko, has now informed Chris he is not running. Statements are due by 7pm on July 28th and the names of all candidates will be announced at that meeting. Chris also reminded everyone to take a look at the new Area Maps feature on the website. She explained that we have been wanting to update the maps feature for some time now and she is very proud that this has finally been achieved, with new “zoomable” and very precise maps. This should better help residents ascertain which area they live in for purposes of running in the election and voting. Chris also reported that the format for the online ballot has been finalized, which will be an alternative voting method in the election later this summer. Chris asked everyone to stay tuned in the coming months for more information.
8.2. Bylaws Committee (Jennifer Malaret and Richard Cohen, Co-Chairs).
Proposed additional PPCC Bylaws amendments recommended by the Bylaws Committee (correction, clarification and general clean up). Second distribution of proposed Bylaws amendments; see redlined draft of proposed amendments, distributed concurrently with the 6/9/16 meeting agenda and with this agenda via PPCC email on 6/20/16 (“Redline”). Motion by the Bylaws Committee for Board approval of proposed Redline amendments to the Bylaws, including Appendix A. Discussion and vote. (Note: amendments to Appendices C, D and Attachment A were previously approved by the Board in separate motions on 6/9/16 and are not part of the current Motion.). Chris summarized the votes last meeting that did not require a second distribution. Tonight there is a motion for those changes that require two distributions. Richard recalled what was stated at the last meeting, i.e., these are technical corrections that create no substantive changes to the bylaws. Richard noted that on Appendix A where the word “Theater” was changed to “Theatre.” Richard reported that George Wolfberg reports complete agreement and the motion is unanimously recommended by the Bylaws Committee. Discussion: None. Action: the motion to “amend the Bylaws and including Appendix A as proposed by the redlined draft of proposed amendments distributed concurrently with the 6/9/16 and 6/23/16 PPCC meeting agendas” passed unanimously.
9. Old Business.
9.1. Update by CD11 on Matters of Ongoing Interest.
Presenting: Debbie Dyner Harris, District Director; Sharon Shapiro, Palisades Field Deputy. See notes in Section 7 above.
9.2. Update on Aircraft Noise in the Palisades.
Presenting: Debbie Warfel, Santa Monica Canyon Civic Association Board Member/contact on aircraft noise matter. Debbie stated that in January 2016 the FAA presented to PPCC about the plan and planes going over the SMCC area. The two issues are: (1) current noise (since mid-October 2015 when something changed) where letters from various state and city officials have been going back and forth. An independent analysis of data was done and findings were released on 06-08-2016 and including three points north of LAX. The study went back six years and said that between 2014-2015 the spread of airplanes narrowed and then at the end of summer 2015 the spread returned to normal and no cause of the current noise is known. There is a website for the LAX Roundtable. (2) NextGen Plan. The environmental assessment has not been released and the FAA won’t communicate until that plan is released perhaps within several months. There is a change in navigation method from radar to GPS. Senators are asking that the noise for people on the ground be considered. SMCC has hired an aviation attorney to interface with the FAA on issues including whether pilots are cutting corners from original or directed flight paths. Affected individuals should contact Debbie and responsible elected officials. George Wolfberg and Cathy Russell may also be contacted.
10. New Business — None.
11. General Public Comment.
11.1 The CC&Rs in Marquez Knolls do not comply with the BMO/BHO.
12. Adjournment. Chris Spitz adjourned the meeting at 8:59 PM.
ATTACHMENTS
ITEM 6 — TREASURER’S REPORT. PPCC JUNE 2016 FINANCIAL REPORT.
| Starting Balance July 2015 | $31,981.97 | ||||
| Award Event | |||||
| Award Event Revenue | $16,010.46 | ||||
| Event Costs | $8,574.44 | ||||
| Net Event Revenue | $7,436.02 | ||||
| Operating Revenue and Expenses | |||||
| Dues and Donations | $1,267.62 | ||||
| Expenses: | |||||
| Library Meeting Room Fees | $918.00 | ||||
| Computer Related | $1,615.00 | ||||
| Awards, gifts, donations | $1,041.54 | ||||
| Postage / P.O. Box | $359.00 | ||||
| Insurance | $1,417.80 | ||||
| Tax Prep + Misc | $400.00 | ||||
| Total Operating Expenses | $5,751.34 | ||||
| Net Operating Loss | $(4,483.72) | ||||
| Event Profit less Operating Loss – Change in Balance for Year | $2,952.30 | ||||
| Ending Balance June 2016 | $34,934.27 | ||||
ITEM 7.1.5 — LETTER RE AB 2788
Hon. Senator Ben Hueso, 40th Senate District, Chair, Senate Committee on Energy, Utilities & Communications
Hon. Senator Mike Morrell, 23rd Senate District, Vice-Chair, Senate Committee on Energy, Utilities & Communications
Additional Members, Committee on Energy, Utilities & Communications:
Hon. Senator Fran Pavley, 27th Senate District
Hon. Senator Bob Hertzberg, 18th Senate District
Hon. Senator Ricardo Lara, 33rd Senate District
Hon. Senator Ben Allen, 26th Senate District
Via email
Re: AB 2788 (Committee hearing date 6/21/16) — OPPOSE
Dear Senators:
Pacific Palisades Community Council (“PPCC”) is the most broad-based community organization and voice of the Palisades since 1973. PPCC has been on public record for many years as strongly supporting enhanced local regulation of wireless telecommunications facilities (“WTF” – more commonly known as “cell towers”) in the public right of way. AB 2788 (Gatto) has come to our attention only in the past few days. I write on behalf of PPCC to express concern and opposition to the bill based on our long held positions in support of local regulatory authority.
Last year, PPCC opposed another bill involving WTF regulation (AB 57) based on concerns that the bill would severely restrict the ability of local governments to regulate WTF and/or make local decisions about cell tower siting and aesthetics; see: https://pacpalicc.org/wp-content/uploads/2016/03/letterreAB57.pdf. PPCC’s opposition to AB 57 was consistent with opposition also submitted by numerous California cities, counties and governmental coalitions, including the County and City of Los Angeles (City resolution: http://clkrep.lacity.org/onlinedocs/2015/15-0002-S62_reso_06-09-2015.pdf), San Francisco, the California State Association of Counties, the American Planning Association (California Chapter), the Urban Counties Caucus and the League of California Cities.
AB 2788 appears to be even more sweeping in scope than AB 57, in that it would deny local governments locational and aesthetic authority over most WTF located in all public rights of way throughout the state (in front of homes, adjacent to parkland and scenic highways and in otherwise protected coastal and mountain areas), as well as on all public property, including city and county parks and recreational facilities and all schools (with one public property exception – fire stations).[1]
Moreover, as we previously brought to your attention, substantial portions of Pacific Palisades are located within the Coastal Zone and are thereby afforded important environmental protections under the California Coastal Act. Depending on location, new WTF within the Coastal Zone are required to undergo additional review by local governments and/or the California Coastal Commission. PPCC is greatly concerned that under AB 2788, such required environmental review may be effectively eliminated and significant protections afforded by the Coastal Act may be rendered meaningless.
It is my understanding that municipalities and counties statewide are becoming aware of AB 2788 and that opposition to the bill is mounting among local governments, community groups and residents, including those located in Assembly Districts 43 (Gatto), 50 (Bloom) and 62 (Burke) as well as in the Senate Districts represented by this letter’s recipients.
Based on PPCC’s previous positions in support of enhanced local WTF regulation and its prior opposition to AB 57, on behalf of PPCC I urge that (1) the members of the Senate Energy, Utilities & Communications Committee vote NO on AB 2788; and (2) Senator Ben Allen (26th District) take all available measures to help defeat this ill-advised bill. To the extent possible, I further request that Assemblymember Gatto withdraw AB 2788.
Thank you for your consideration.
Sincerely,
Christina Spitz
President, Pacific Palisades Community Council
cc (via email):
Hon. Assemblymember Mike Gatto, Assembly District 43
Hon. Assemblymember Richard Bloom, Assembly District 50
Hon. Assemblymember Autumn Burke, Assembly District 62
Hon. Los Angeles City Councilmember Mike Bonin, 11th Council District
[1]See commentary on SB 2788 by nationally known attorney and telecommunications expert Jonathan Kramer: http://celltowersites.com. The bill’s overly broad definition of so-called “small cells” (dimensions of up to 6 cu. ft. in antenna volume and up to 28 cu. ft. for associated equipment) encompasses facilities so large that it effectively exempts virtually all WTF in public rights of way and on public property statewide from local regulatory review.