AgdaPkt 2005-05-09 - Laserfiche WebLink

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CANCELING CERTAIN APPROPRIATIONS, AND TRANSFERRING SPECtFIED AMOUNTS FROM DESIGNATED APPROPRIATIONS TO OTHER SPECIFIED APPROPRIATIONS (First reading on April 11, 2005) ,• 6.3 Section — Claims and Warrants A. Approve warrants dated through April 11, 2005 and usual and necessary payments through April 25, 2005; MINUTE ORDER 05-68 B. Claim 2311 submitted by Linda L. Mattette, Esq. Attorney for George Gipe Recommendation: Rejection of claim MINUTE ORDER 05-69 7. PUBLIC HEARINGS A. Continued Appeal of the Zoning Administrator's approval of a Use Permit and Architectural Permit at 2325 Euclid Avenue to allow the installation of a wireless communications facility Project Planner Lyon explained the item as presented on February 28 and provided a status on information gathered and the meeting held subsequent to that date. Mayor Ira asked City Attorney Yamamoto to clarify the basis for decision and whether Council has authority to make a decision based on health issues. City Attorney Yamamoto stated that related to emissions from such a telecommunications facility under the Telecommunications Act, complaints with respect to the frequency emissions, must be directed to the Federal Communications Commission (FCC). Under the Federal statute, local entities � have a special provision for regulation in this particular area. Central to the regulatory ability of local entities is the zoning ordinance. If analyzing the application from the standpoint of enforcing the zoning ordinance, those are the parameters around which the decision should be based. The application at hand is for a wireless telecommunications facility to be placed on a church in a residential zone. The Telecommunications Act states that 1)any decision made shall be in writing and of a separate written record and, 2) that you must have substantial evidence that a reasonable person could make a conclusion based on the evidence presented, 3) that you cannot discriminate befinreen similar providers. That is, to the extent, that you have similar providers, they must be treated the same. More importantly, when discussing the authority of a local entity, Council's authority is limited specifically, by the Telecommunications Act, which states that you may regulate the placement, construction, or modification � of these kinds of facilities. The issue of emissions is one that the Federal JOINT CITY COUNCIL AND APRIL 25, 2005 REDEVELOPMENT AGENCY MEETING MINUTES PAGE 5