Local Employer Announces Mass Layoff

The federal government requires an employer who is planning a mass layoff that the local government needs to be informed under the Worker Adjustment and Retraining Notification ("WARN") Act.

Del Monte Foods, located at Terminal Island, a portion of which is owned by the City of Long Beach, has announced that it is laying off over 221 people between July 30 and September 26. This is a considerable amount of jobs and they reflect all levels of salary.

Long Beach is facing serious unemployment and these layoffs is one more sign that tough times are ahead for many people.

Long Beach Supports The Restitution for Local Government Act

The City of Long Beach has expressed its strong support of HR 5125, a proposed federal law -- the Restitution for Local Government Act of 2010. This piece of legislation will amend the Emergency Economic Stabilization Act of 2008 to establish a fund to be used to make local governments whole for losses incurred from the Lehman Brothers Holding, Inc., bankruptcy on September 15, 2008.

Over 40 municipalities across the country had invested $1.3 billion of operating funds in highly rated Lehman commercial paper. The City of Long Beach had invested nearly $20 million of investment pool funds in Lehman. Long Beach had no way to recoup what was presented as secure commercial paper investments.

This legislalation proposes to redirect profits made by the US Treasury from repaid TARP funds to Long Beach and other local governments suffering from Lehman's collapse.

Alan Patalano Named Fired Chief

Deputy Chief Alan Patalano has been selected as the new Fire Chief for the City of Long Beach. He has served over 25 years in fire service and over 26 years as a licensed paramedic. He specifically has worked for the City of Long Beach for over 20 years and during his tenure he has served as a Firefighter and Deputy Fire Chief. He also served as a firefighter with the City of Escondido.

He has served as a Deputy Chief of the City of Long Beach for the past eight years and was most recently assigned as the Coordinator of the Department's Training Division, EMS Education and Quality Improvement Division and Fire Communications.

City Manager's Weekly Newsletter

See posting to right for the latest City Manager newsletter. Letting you know what I know.

Only Civic Leader to Attend Ordination of Two Women Bishops at LB Convention Center

Diane Bruce and Mary Glasspool before being ordained as bishops in Episcopal Church yesterday.

I had the pleasure of being the only civic leader to attend the ordination yesterday of two women bishops at the Long Beach Convention Center.

I received the invitation last month and decided that it would be a historical event, especially considering that Mary Glasspool is the first openly lesbian priest to be made bishop in the Episcopal Church in the US.

When I arrived with my partner, Flo, who was raised Episcopalian (as were our three kids), we were greeted with vile protesters who verbally attempted to assault everyone in line and then later tried to disrupt the ceremonies inside.

Other Bishops lay hands on Mary Glasspool as she is ordained as Bishop for LA Diocese.

Because I am a civic leader I was invited to walk in the processional that preceded the entry of the bishops and bishops to be.

My how the church has changed. The ceremony was multi cultural and the 7000 plus people in attendance were of every color and sexual orientation.

I am glad that I attended this event. It was positive and uplifting.
PS The church leaders had nothing but praise for the LB Convention Center and its staff. Many commented how great the downtown looked and how ironic it was that at the same time as the new bishops were being ordained, the Gay Pride Festival could be heard outside.

CHP Pursues Bank Robbers -- 405 closed --Millikan and Cubberly on Lockdown

Earlier today - Thursday, May 13 -- a bank robbery occurred in South Orange County. California Highway Patrol (CHP) ended up pursuing what they believe to be the suspect vehicles. The suspect vehicle exited the 405 at Woodruff Avenue where the CHP was involved in an Officer Involved shooting. The 405 was immediately closed. Millikan High school and Cubberly Elementary school were placed on lock down. Reverse 9-1-1- calls were made by the LBPD to surrounding residents.

CHP believes the suspect fled in the general area. The Long Beach Police Department was called to assist and is currently providing multiple resources including SWAT.

If anyone has information, please call 9-1-1. The LBPD is working with the CHP and the FBI on this case.

The 405 has been re-opened as of 2:00 pm, however, the suspect is still at large.

Community Baby Shower -- Get a Chance to Win Tickets to See New BABIES Documentary

It's that time again for the Community Baby Shower. My annual effort to get basic going home newborn kits for low income mothers to use after they give birth in our local hospitals.
The newborn kits are used also as incentives by our Public Health Nurses to encourage moms to complete education classes.

The community is asked to donate the following new items which will be placed into bags so that the Public Health Nurses can use them in their classes:

• Diapers, baby wipes, bibs, onesies and blankets. No bottles as nurses want to encourage breastfeeding.

Drop off your donated items Monday - Friday, 9am - 5 pm by Wednesday, May 19th at the Fifth District Neighborhood Office: 2760 Studebaker Road, Long Beach; or make a contribution (tax deductible) to Long Beach Cares, 2525 Grand Avenue, Long Beach, CA 90815.

If you bring new items to the "baby shower" on May 20th where we stuff the items in the bags and enjoy baby shower cake, you will receive a chance for tickets to see the wonderful new documentary: "BABIES" which is playing at UA Marketplace on Second and PCH. (You can check out the movie trailer in the prior posting.)

The Baby Shower will be at the City of Long Beach Health and Human Services Department, 2525 Grand Avenue (off Willow).

For further information: 562 570-6932.

The Baby Shower

A Must See -- Babies -- A Documentary

Schipske Calls on LBPOST To Remove City Employee Names

Councilwoman Gerrie Schipske today called upon the LBPOST blog to remove the names of individual City employees which they have posted on-line with the employees' job titles and salaries. She has also asked the City Manager to explain how this information was released and why the City Council nor the employees associations representing employees were notified that this information would be placed on-line.

Schipske believes the same "purpose" of the postings could have been accomplished by listing the job titles and the salaries.

"I am a strong proponent of transparency in government but it is not necessary to expose the names of city employees when disclosing what each job is paid. The job titles and salaries would have been sufficient," says Schipske. "Additionally, I understand that many of the salaries posted are not even correct nor were the furloughs (loss of pay) reflected in the postings."

Arts and Services for the Disabled Opens Exhibit May 21st

Arts & Services for the Disabled announce the opening of the Touch group exhibit --a multi-sensory sculture, painting and interactive work by artists with disabilities --on Friday May 21 at 6-8pm.

The exhibit continues through August 19th. Gallery hours are: M-F 9 am - 3 pm. The Deneff Gallery is located at 3962 Studebaker Road, #206, Long Beach in the 5th Council District.

Frontier Airlines -- Service Launch at Long Beach Airport; City Implements Sound Insulation Improvements

Frontier Airlines Starts Services:

The Long Beach Airport is pleased ot announce the launch of service by Frontier Airlines. Frontier will be operating two daily non-stop flights to Denver, Colorado, with the inaugural flight scheduled to arrive at 10 am on Friday, May 14. The first departure is slated for 11 am the same day.

QuieterHome Program:

The City Council just approved the construction and inspection of the Pilot Phase of the Long Beach Airport Quieter Home Program. This program will provide sound mitigation elements that possess the acoustic performance properties required to achieve the minimum 5dB Noise Level Reduction goal and an interior Community Noise Equivalent Level (CNEL) goal for homes within the 65 CNEL. There are 27 identified interested homeowners eligible for the program. The funds were obtained from the Passenger Facility Charges -- airport funds.

El Dorado Nature Center Offers Trail Stewards Training for Volunteers

May 15 and 22
Is walking in nature your passion? Do you love the outdoors and want to lend a hand while hiking at the Nature Center? Then consider joining the Trail Stewards volunteer program at El Dorado Nature Center. The Department of Parks, Recreation and Marine is offering you an opportunity to share with visitors information about the wonderful history and wildlife that make El Dorado Nature Center a treasure in Long Beach. The Nature Center offers a two-session training program to help you become a Trail Steward.

The training classes meet on Saturday, May 15 and 22 from 9 am until noon at the Nature Center, located at 7550 E. Spring. Call 562 570-4885 for further information.

City Manager News

See the posting on the side. It's the latest weekly newsletter from City Manager Pat West. Check it out and find information on:

• California Redevelopment Association (CRA) Lawsuit -- the State is stealing our redevelopment money ($36 million dollars) and we are suing.
• KROC Center -- Salvation Army is pulling out of its commitment to Long Beach for this community center.
• Bike Fest -- in the continuing effort to make Long Beach a very Bike Friendly City -- last week was Bike Fest.
• Belmont Pier Work -- building a new bus stop for the Belmont Pier.
• LBGO Customers -- natural gas customers of the City have now experienced 12 consecutive months of gas bills lower than similarly sized residential customers anywhere else in So. Cal.
• LBPD Commander Gary Morrison -- going off to become Chief of Police for Carlsbad.

President Obama Recognizes Families Come in All Forms

Happy Mother's Day.

Posted to the right is President Obama's Mother's Day Proclamation. Please note that for the first time in history, a President is acknowledging that "nurturing families come in many forms, and children may be raised by two parents, a single mother, two mothers, a step-mom, a grandmother, or a guardian."

As one of two moms who raised 3 wonderful children, it's nice to be acknowledged by the President of the United States.

First Planning Meeting on TEDXLongBeach

A few weeks ago, I authored a council agenda item that requested the City Manager to apply for a license (free of charge) to host a TED-XLongBeach.

Last week, I hosted the first planning committee meeting at City Hall. About 20 attended and what is amazing is that many had already started to take ownership at making this a fantastic event. A facebook page: TedxLongBeach had been set up as well as a website:www.tedxlongbeach.com.

We are currently working on a venue in November of this year -- Center Theater near the Terrace Theater or CSULB Carpenter Center.

If you are interested in participating, please contact my council office and speak with Josh Butler at: 562 570-6932.

Also check out the links to other TEDX events hosted by cities.
TED and TEDX Events

Apparently TESLA is Ready to Announce...Again

Received a call from local media about the following AP story you can read on the link
http://www.google.com/hostednews/ap/article/ALeqM5hWGBbOTfyCb0GmbZu6NLiE7ZKBNgD9FI79H00

indicating TESLA Motors is just days away from announcing which location it has chosen -- Downey or Long Beach. The reporter asked for a comment -- I gave none because this is probably the 10th time an article like this has appeared and nothing happens. And on the off chance the City of Long Beach is still in the running, I don't want to say anything.

However, should the City of Long Beach lose out to the tiny city of Downey, then I hope I won't be the only person called to discuss what happened. Let's see if the front page of the local press is filled with a story about "what went wrong" -- just like was recently done about the loss of the Kroc Center funding.

Schipske's Assignments on California Medical Board

In 2007, I was appointed a "public" (non-physician) member to the California Medical Board by the Senate Rules Committee. I am currently the only Registered Nurse Practitioner on a state medical board in the United States. The other 14 members are appointed by the Governor and the Speaker of the Assembly.

We meet quarterly but receive numerous cases on-line which we must review and vote upon. These cases involve the appropriate discipline for physicians who have violated the law regarding their licensure.

In addition to the general Medical Board work, I have also been appointed to the following committees:

• Access to Care
• Education
• Enforcement
• Licensing
• Application Review
• Advisory Committee on Physician Responsibility in the Supervision of Affiliated Health Care Professionals

For the first time in the history of the California Medical Board, it will hold its quarterly meeting in Long Beach this coming November. I have arranged that the meeting will be held at the new Miller Children's Medical Center. This will be a great opportunity to show off Long Beach to this important state regulatory body.

Pretty difficult to be told you may kill one of the top 10 sales tax producers

Whether I believe it or not, being shown figures that indicate that Worthington Ford is one of the top 10 generators of sales taxes for Long Beach, made it near impossible to vote against approving a federal loan of $600,000 for retaining the dealership here in Long Beach.

I am appalled that Ford would offer Worthington a considerable amount of money to leave Long Beach especially since Ford shares about 28% of the sales tax generated at the shopping center where Worthington is located. But losing this tax generator for any reason would be catastrophic for the city.

It now remains to be seen if HUD will approve the $400,000 not available currently. Should that not happen it will be interesting to see if Worthington will remain without the additional $400,000 considering that Ford offered him close to $2million to move.

You can sign up for emergency contact by City of Long Beach

The City of Long Beach has in place an emergency contact system or what is also known as "reverse 9-1-1" which can be used for the City to contact residents to inform them of an emergency.

If you click on this link you will be given a sign up sheet for this service. Please note that the City will not use your information for any other purpose but for emergencies.

Show Me the CDBG Application Before You Give the Money

Let me get the requisite phrase out of the way: "I am business friendly. I want business to grow and flourish in Long Beach." Ok.

Now that the wheels have been greased in the local media (except for LA Times which did a feature a week ago indicating that Worthington Ford grossed $600 million in 2002 and did so well last year that they want to buy another dealership) for the Council to vote to approve a $600,000 loan (most likely forgiveable... which I cannot find is permissible under federal law) to retain 116 jobs (only 20 of which are Long Beach residents) at the current dealership, I ask you: what self respecting legislator would approve this deal without reading the CDBG requirements for job retention loans?

For your reading pleasure, I am posting an excerpt from the requirements that show a number of formulaes required before these funds can be used for job retention -- not least of these is the requirement that the local government pledge non-CDBG funds as well.

I haven't seen the loan application, nor calculation of the formulaes which would ok the loan, nor the financial information of the recipient which is required by law, nor where the City is getting non-CDBG monies to help this project. But maybe all of that will be cleared up before this deal is voted on by the City Council. Ooops. The vote is scheduled for tomorrow.

Latest in 5th Council District and City

Mud Swamp to Paved Alley.
Construction is going to start on May 3, 2010 and will be completed on May 27, 2010 according
contractor's (Sully-Miller) construction schedule on the new alley being placed behind Euclid in the Artcraft Manor area of the 5th District. This area has never had an alley and as a consequence the area has flooded and has left homes and garages coated with mud from cars that attempt to traverse it during and after rains. Once the alley is completed we will power wash the homes and garages to remove the mud.

Monster Roots.
In the never ending struggle between sidewalks, streets and the trees that push them around, I bring you a report on the 3600-3700 blocks of Karen Avenue. The street is lined with mature Italian Stone Pines, which can grow up to 50 feet in height and develop canopies up to 60 feet in diameter. The root systems of these trees ave caused large humps in the street, as well as displacement of curbs, gutters and sidewalks. In 2005, sidewalk improvements were completed on Karen Avenue and this work made it necessary to "shave" the root systems. Because of this, a period of time was needed to allow the root structures to heal. Now that this period of healing has passed, Public Works is set to start the initial phase of street rehabilitation. This initial phase will address issues at 37 locations. A certified arborist will be assigned to ensure that trees' health and surrounding structures are protected as the umps are excavated and removed. A similar project was successfully completed in 2007 on the 6100-6200 blocks of Keynote Street. That project corrected the major street issues and saved 30 of the majestic trees.

City Releases Community Garden Policy.
The City's Parks, Recreation and Marine Department released a citywide Community Garden Policy outlining available park locations where Long Beach residents and organizations can establish a community garden.

Residents wishing to start a community garden should go on line to: www.sustainablelb.com or www.longbeach.gov/park.

Community gardening has many benefits such as producing fresh, health food; creating opportunity for outdoor activity and an opportunity for education and awareness and community involvement.

TESLA to Go to Downey Afterall -- Still Waiting to Hear What Goes in at Boeing

Well, it is almost official, TESLA Motors will announce in the next several weeks that it will locate to Downey to build its cars under a $465 million grant received from the government.

For full details: Click here for story

I am still waiting to hear what business will locate to the Boeing property at Lakewood and Carson.

Puzzled Why City Being Asked to Help Car Dealer Who Grossed $600 Million in 2002

Dear Readers,

Either the LA Times Business Section got it wrong last Sunday (http://articles.latimes.com/2010/apr/24/business/la-fi-himi-worthington-20100424), or I have to figure out how to gross $600 million and still get a government loan.

That's what the article said about Cal Worthington who in 2002 grossed $600 million from his car dealerships. The article also stated that he is doing so well that he is looking to buy another dealership yet he is asking the City of Long Beach to come up with $600,000 in federal funds to keep him here.

I've posted the "analysis" that was just done (ink really isn't even dry) to bolster why the City Council should rush to get the money to Mr. Worthington.

Let's analyze what's going on:

• City management gets a frantic call from the grandson of Cal Worthington that Ford Motor Co (who received a giant federal credit extension) has made a lucrative offer to pack up and relocate Cal Worthington to Orange County. I get calls telling me the City needs to do this or we will lose Worthington to the Ford deal.
• City management is asked by Worthington to come up with a financial package that will compete with Ford or else Worthington will take the Ford offer. (When it was first explained to me the offer was $2 million. I have yet to see anything in writing from Ford about any type of offer. Oh, yeah. And why would Worthington take $600,000 instead of $2 million?)
• City staff puts a loan of $250,000 on the council agenda and then pulls the item.
• City staff puts a loan of $600,000 on the council agenda.
• The funds are federal CDBG funds that normally can only be used in a blighted area -- the 5th is not blighted so while I cannot get funds to fix streets or medians with these funds, they can be used to "retain jobs."
• So I ask, how many people does Cal employ? Answer: 116 -- but only 18% of these jobs (or 20) are actually Long Beach residents.
• Why does he need the money? Doesn't really need it, but he'd like to expand onto the old Chevy dealership property.
• Will he have to pay the $600,000 back --seeing how the City just gave him $200,000 in 2008 ? I can't seem to get a final answer on that one.
• What are we getting as collateral for this loan? The City of Bellflower took an interest in the Don Ellis Ford dealership when it gave Ellis a $600,000 loan --and it required an outside audit of the Ellis financial accounts to see why he needed the money. Why aren't we requiring an audit?
• So why can't we tie this loan to performance? For every Long Beach resident Worthington employs, he gets to keep a portion of the loan?

So here it is folks, in the course of 2 years, the City of Long Beach is proposing to give $800,000 in loans to a car dealer that grossed $600 million in 2002 and lord knows how much since then? You know, you gotta believe in Santa Claus.

Take a Look at Proposed Long Beach Airport Terminal Modernization Plan

If you click on this link you will be able to see the animated plan for modernizing the Long Beach Airport Terminal. It really is cool.

City Council Gets Briefing on Pension Systems and Financial Obligations

The City Council had a study session yesterday to discuss the status of the employee pension systems and the financial obligations of maintaining these systems. I have posted a copy of the presentation on the blog which readers can download for their own review.

There are some basic facts that everyone needs to keep in mind:

• Pensions are legally binding contracts between the employee associations and the city and cannot be changed without agreements from both sides. Kinda like a contract to buy a car. The dealer cannot suddenly change the terms and conditions of the contract or the dealer can be sued for breach of contract.
• Pension obligations are outgrowing the city's revenues. Unless the city figures out a way to reduce these obligations or to increase revenue to pay for them we will continue to cut services in order to balance the budget. (A balanced budget is required by law.)
• Increased pensions were given several years ago instead of salary increases.
• The average pension given to a public safety employee is $48,000 a year.
• The average pension given to a non-public safety employee is $21,000 a year.
• Both pensions are given after 25-30 years of service.

The City Council gave direction to city management to begin talking with all the employee associations about how we can reduce our current deficit -- including discussing options to reform pensions.

Wetlands Swap Back on Council Agenda -- In Closed Session

Sadly, just a week after the election, the City Council is considering going forth on closing escrow of the land swap -- misleadingly titled: Wetlands Swap -- now that EPA has verified that the PCB contamination has been remediated.

But here's the facts:

• The owner of the land will not reveal how much of the 33 acres are wetlands nor will let the City do a survey of the land to determine what it is taking.
• The owner gets to keep the real value of the property -- the oil rights.
• The owner also gets the City's public service yard --valuable industrial property which he intends on converting into a truck depot which will add to pollution in that neighborhood.
• The city will have to pay to relocate from the the public service yard @ $500,000 or so.
• The city has no business swapping this land for city land that could be sold.
• The city has received not one assurance from the state or any environmental group that they will purchase the 33 acres from the city -- so why is the city acting as a straw man in this real estate transaction?

Remember folks, the city council was told over a year ago this was a now or never deal. Really? Who else in their right mind in this type of economy is going to take property it may not be able to sell in the future? Who else in their right mind is going to give away prime industrial property? Who in their right mind is going to close a deal without being able to determine before the deal is closed how much real wetlands they are acquiring?

Watch out -- Coyotes Are Back -- It is Pupping Season

www.lbreport.com does a great job reporting today about the latest warning concerning coyotes in east Long Beach: http://www.lbreport.com/news/apr10/wildwat.htm

Coyotes have their pups around March and then start bringing them out for food and water. Pet food and unfortunately small pets are a magnet. The State Fish and Game does not allow the killing of coyotes. Because of the nature center and the river beds, east Long Beach will continue having coyotes.

The City of Long Beach Animal Services is tracking sightings of coyotes and is working closely with Fish and Game to determine if anything else can be done.

Billie Jean King Tells ESPN Audience and Sports World -- "It Was the City of Long Beach That Made My Career Possible"

Super star, feminist, athlete, gay rights activist, Bill Jean King, told a packed audience underneath the tarp at Recreation Park that it was the free public recreation programs and the teachers of the Long Beach Unified School district that taught her to play tennis and helped give her the confidence she needed to become the #1 woman tennis player in the 1960's - 1970's.

Last night, ESPN filmed a 90 minute "Homecoming" with Rick Reilly featuring King who worked her way from local tennis matches to 39 wins at Wimbledon. Over and over again, King told the audience that if it wasn't for the free public tennis lessons she received through City of Long Beach at Houghton Park and the encouragement she was given to pursue tennis from teachers at Los Cerritos Elementary and Poly High School, she wouldn't have been successful because her parents could not afford the sport.

The taping was done on the courts of the Billie Jean King Tennis area and was open to the public. Several other famous women tennis stars attended to give their perspective on how important King's work has been to open up sports for girls and women.

I was fortunate to have time last night to attend with my Neighborhood Liaison, Tiffany Andrews -- who know thinks I am ancient because I remembered everything King said about the 1960's and the 1970's! Sitting next to me was Drew Satariano, member of the City's Parks, Recreation and Marine Commission. Third District Councilmember Gary DeLong was also in the crowd.

The show will air on ESPN on July 3rd. It is a wonderful tribute to this athlete who changed sports forever and a great commercial for the City of Long Beach...or the way Long Beach used to be before budget cuts

Great Coverage on Solar Grand Prix

The 1st Annual Solar Grand Prix held last Saturday, April 10 was a winner and is receiving some very positive press locally and in the "trade" publications.

Not only did it make front page, above the fold as they say in the news, on the Sunday Press Telegram, but check out the following links:

http://www.562citylife.com/profiles/blogs/solar-car-grand-prix-and
http://www.getsolar.com/blog/long-beach-solar-grand-prix-showcases-creativity-solar-cars-from-soda-bottles/5653/

Thanks to all the corporate sponsors, the volunteers, the staff, the teachers, the parents and most of all the students who used their creativity to design very clever and in many cases, very fast, solar cars.

Also, thank you to Mayor Bob Foster who helped kick off the event with remarks and a visit in his electric car.

Great day!

Schipske Asks City Attorney To Look at City of San Rafael Ordinance on Wireless Towers -- Take Into Account Health Concerns

I have asked the City Attorney to review whether or not Long Beach can adopt an ordinance similar to the 2005 one enacted by the City of San Rafael which regulates wireless towers/facilities and takes into account health concerns regarding emissions from these towers.

Plain and simple, the Federal Communications Commission which regulates cell phone and telephone systems throughout the US limits what a local government can do regarding the placement of these towers and dishes even though more and more residents are concerned about the possible health care risks associated with high frequency emissions.

The City of San Rafael has an ordinance, however, that does address these concerns by setting up a system that actually monitors and tests these wireless facilities every three years to determine if they are in compliance with federal standards concerning emission levels.

Couple that ordinance with the one adopted by the City of Palos Verdes which the courts upheld that limits these towers/facilities on the basis of their aesthetic impact, the City of Long Beach should be able to craft an ordinance that addresses both of these key issues.

I have been working with the City Attorney on this issue for some time because of the requests from wireless companies to place these towers in residential areas -- something the City of San Rafael does not allow.

A council agenda item calling for a moratorium on these cell towers until the City can enact a new ordinance will be forthcoming.

See below for the City of San Rafael's city code on this issue:

Wireless communication facilities.

A.

Purpose. This section establishes standards to regulate the design and placement of towers, antennas, and other wireless communication transmission and/or reception facilities (hereinafter called wireless communication facilities) on public and private property to minimize the potential safety and aesthetic impacts on neighboring property owners and the community. To fulfill this purpose, this section is intended to:

1.

Establish development standards to regulate the design and placement of wireless communication facilities so as to preserve the visual character of the city and to ensure public health and safety, consistent with federal law and Federal Communication Commissions (FCC) regulations.

2.

Acknowledge the community benefit associated with the provision of wireless communication services within the city.

3.

Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

B.

Permits Required. A use permit and an environmental and design review permit shall be required for new wireless communication facilities pursuant to the requirements of Chapter 14.22, Use Permits, and Chapter 14.25, Environmental and Design Review Permits, consistent with the provisions of this section. Minor additions or modifications to existing permitted facilities that will not significantly affect radio frequency radiation (RFR) emissions nor cause increased visual impacts may be exempted from the requirements of a use permit by the community development director. In such case, the minor addition or modification shall be subject to an administrative-level environmental and design review permit.

C.

Application Requirements. Applications for a use permit and an environmental and design review permit shall be initiated by submitting the following information:

1.

A completed application form, signed by the property owner or authorized agent, accompanied by the required fee. Application procedures and processing timeframes shall be in accordance with state law requirements and the procedural guidelines established by the community development director.

2.

Six (6) sets of materials and plans showing the following information:

a.

Project Description. A complete project description, including the following information on the proposed wireless communication facility:

i.

Number and sizes of antennas and approximate orientation,

ii.

Other technical information regarding transmission equipment such as maximum power output and frequencies,

iii.

Copy of FCC license,

iv.

Heights of proposed facilities,

v.

Equipment enclosure type and size,

vi.

Materials and colors of antennas and any equipment enclosure,

vii.

Description of towers or other structures necessary to support the proposed facilities, and

viii.

Description of lighting, signage and landscaping proposed.

b.

Site Plan. A site plan on a twenty-four-inch-by-thirty-six-inch (24″ x 36″) sheet of paper and an eleven-inch-by-seventeen-inch (11″ x 17″) reduction, including the following information:

i.

Vicinity map,

ii.

Parcel lines of the subject parcel,

iii.

Contextual map showing structures on adjacent properties,

iv.

Location and names of adjacent streets and drives proposed to serve as access to the facility,

v.

Topography of the subject parcel and location of any drainages within or adjacent to the site,

vi.

Location of all existing buildings, structures, utilities, parking areas, significant trees and other natural forms, or other features which might affect the proposed use of the property,

vii.

Setbacks of proposed structures and improvements from the property lines,

viii.

Location and height of required cuts and fills for the grading of land and any retaining walls proposed,

ix.

Location of proposed development including all towers, structures, buildings, utility line extensions, driveways or roads, and parking areas,

x.

Schematic drainage and grading plan, and

xi.

North arrow, graphic scale, the applicant's name, assessor's parcel number and date prepared.

c.

Elevations. Elevations set forth on a twenty-four-inch-by-thirty-six-inch (24″ x 36″) sheet of paper, and an eleven-inch-by-seventeen-inch (11″ x 17″) reduction, including the following information:

i.

Elevations and sections of the site displaying site topography, proposed facilities including towers, equipment shelter and existing buildings,

ii.

Wall, roof, tower and antenna materials,

iii.

Fencing, air conditioning units and outdoor lighting, if any,

iv.

Rooftop or building features such as vents, chimneys and antennas, and

v.

Building or tower height as measured from natural grade.

d.

Photo-Simulations. Photo-simulations of the proposed facility from key public viewpoints based upon consultation with city staff. Photo-simulations shall display existing and proposed views in an eleven-inch-by-seventeen-inch (11″ x 17″), or larger, format, with the dates shown when the base photo was taken.

e.

Landscape Plan. A landscape and irrigation plan, showing all existing and proposed improvements, location of proposed plantings and type of landscape material, for proposed ground-mounted facilities including equipment cabinets.

3.

Alternative Site Analysis. An alternative site analysis is required if the proposed facility is:

a.

Located within any district other than a commercial or industrial district;

b.

Located within fifty feet (50′) of a "Less Preferred Location," as defined in subsection (G)(2) of this section;

c.

Lacking stealth design; or

d.

Not co-located with an existing approved facility.

4.

Future Co-Location. For new towers or monopoles, a signed statement that the applicant, or its future successors, will cooperate with the city to allow future co-location of antennas at the proposed site if it is approved.

5.

Story Poles. Story poles or mock-ups may be required if deemed necessary by the community development director.

6.

RFR Study. For the sole purpose of verifying compliance with the FCC radio frequency emission standards, an emissions report which measures the predicted and actual, if available, levels of electromagnetic field radiation emitted by the proposed facility operating alone and in combination with radiation emitted from other existing or approved facilities that can be detected at the proposed facility site. Radiation measurements shall be based on all proposed (applications filed and pending), approved, and existing facilities operating at maximum power densities and frequencies. It is the responsibility of the applicant to determine the location and power of existing facilities.

7.

Noise Analysis. A noise analysis for emergency generators or other noise-producing facilities.

The alternative site analysis shall be presented in a narrative form with supporting maps and other graphics that identify the other site locations considered and rejected in favor of the proposed site. The applicant shall provide supporting reasons why the alternate sites were infeasible and rejected and why the proposed site is superior from a technical or other standpoint to the others considered.

D.

Review Authority. Authority over the provisions and requirements of this section shall lie with the following official bodies or officials:

1.

Community Development Director. The community development director or his or her designee has the authority to:

a.

Exempt applications for minor additions or modifications to existing permitted facilities that will not significantly affect RFR emissions nor cause increased visual impacts from the requirement for a use permit, and take action to approve, conditionally approve or deny an administrative-level environmental and design review permit;

b.

Refer applications to the design review board for advisory review and recommendation; and

c.

Refer applications to the planning commission for review and action.

2.

Design Review Board. The design review board shall serve as an advisory body to the planning commission, zoning administrator or community development director on all use permit and environmental and design review permit applications with the exception of applications for minor additions or modifications to existing permitted facilities, as described in subsection (D)(1) of this section, which are subject to an administrative level environmental and design review permit.

3.

Planning Commission. The planning commission has the authority to approve, conditionally approve or deny use permit and environmental and design review permit applications for the following:

a.

New ground-mounted facilities (towers or monopoles);

b.

Any facility, which in conjunction with existing facilities in the area, exceeds seventy-five percent (75%) of the FCC standard for public exposure; and

c.

Any application referred to them by the community development director.

4.

Zoning Administrator. The zoning administrator has the authority to approve, conditionally approve or deny use permit and environmental and design review permit applications for the following:

a.

Co-located facilities on an existing approved structure; and

b.

Building-mounted facilities.

5.

Appeals. All decisions of the community development director, zoning administrator or the planning commission can be appealed in accordance with the provisions of Chapter 14.28, Appeals.

E.

Exemptions. The following types of facilities are exempt from the provisions of this section:

1.

Facilities for which applications were approved by the city and/or building permits were issued on or prior to the effective date of this section shall be exempt from the requirements of this section, except for the requirements for validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed modifications to existing facilities;

2.

Facilities owned and operated by public agencies; and

3.

Proposed facilities that would be located entirely within a building and only serve that building.

F.

Public Notice. Notice of a public meeting or hearing for a wireless communication facility shall be given in accordance with Chapter 14.29, Public Notice, except that a public notice shall be mailed to all property owners within one thousand feet (1,000′) of any proposed facility that includes a tower or monopole.

G.

General Location Standards. The most desirable location for new wireless communication facilities is co-location on existing facilities or buildings. All wireless communication facilities shall be sited to avoid or minimize land use conflicts in compliance with the following standards:

1.

Preferred Locations. The following list of preferred locations for wireless communication facilities is in order of preference from most to least preferred: Industrial, public or quasi-public, commercial and office zoning districts are the preferred locations.

2.

Less Preferred Locations. The following less preferred locations are listed in order of preference from most to least preferred: Parks or open space and residential zoning districts.

3.

Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within residential, designated open space or conservation areas unless sufficient technical and other information is provided to demonstrate to the satisfaction of the planning commission or zoning administrator that location in such areas is appropriate, subject to the following findings:

a.

The location of the proposed facility site is essential to meet the service demands of the carrier and no other alternative co-location, existing development or utility facility site, or type of antenna support structure is feasible. This shall be documented by the applicant providing a list of the locations of preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure these preferred sites, and the specific reasons why these efforts and measures were unsuccessful.

b.

The use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use compatibility, visual resources and public safety.

4.

Avoid Significant Buildings and View Sheds. Wireless communication facilities shall not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure, and shall not interfere with prominent vistas or significant public view corridors.

H.

Design Requirements.

1.

Co-Location. All new wireless communication facilities service providers shall co-locate with other existing and/or planned new wireless communication facilities whenever feasible. Service providers are encouraged to co-locate with other existing facilities such as water tanks, light standards and other utility structures where the co-location is found to minimize the overall visual impact of the new facility.

2.

Stealth Design. All wireless communication facilities shall have a stealth design to screen or reduce visual impacts and blend the facility into the existing environment. Examples of stealth design are facade-mounted antennas located within architectural features so they are screened from view, or an antenna design that mimics architectural features so they appear to be a part of the building design, or facilities with colors and materials to minimize visibility such as a non-reflective finish in a color compatible with the surrounding area.

3.

Ground-Mounted Facilities. All new ground-mounted wireless communication equipment, antennas, poles, dishes, cabinet structures, towers or other appurtenances shall be:

a.

Co-located on existing structures to the extent feasible. Co-location is preferred over new monopoles or other towers erected specifically to support wireless communication facilities unless technical evidence demonstrates that there are no other alternative sites or feasible support structures or the use of a monopole or tower would avoid or minimize adverse effects related to the view shed, land use compatibility, visual resources and public safety.

b.

Sited to be screened by existing development, topography or vegetation to the extent consistent with proper operation of the wireless communication facility. Additional new, irrigated vegetation, or other screening, may be required as a condition of approval:

4.

Roof and Building-Mounted Facilities. Roof and building-mounted antennas and equipment shall be:

a.

Sited and designed to appear as an integral part of the structure or otherwise minimize their appearance. Placing roof-mounted antennas in direct line with significant view corridors shall be avoided. Where appropriate, construction of a rooftop parapet wall to hide the facility may be required.

b.

Integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within an existing or newly-created architectural feature so as to be completely screened from view. To the extent feasible, building-mounted antennas shall not be located on the front, or most prominent facade of a structure, and shall be located above the pedestrian line-of-sight.

c.

Whenever possible, base stations, equipment cabinets, back-up generators, and other equipment associated with building-mounted antennas shall be installed within the existing building or underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment.

5.

Signage. No advertising signage or identifying logos shall be displayed on any wireless communication facility except for small identification plates used for emergency notification and legally required hazard warnings.

6.

Waiver Request. A waiver from these requirements may be requested if the applicant can show, by substantial evidence, that compliance with a particular requirement is technologically infeasible or would result in an unreasonable interference with signal quality. The applicant will be required to prove that there are no feasible alternatives to the waiver request.

I.

Development Standards.

1.

Height. The maximum height of building-mounted antennas shall be in compliance with the height limitations for the zoning district in which they are located. An exception to antenna height may be granted by the planning commission or zoning administrator if the RFR exposures and aesthetic quality of the proposed facility are found to be acceptable. Antenna structures, including towers and monopoles, and mechanical screening features related to wireless communication facilities, shall be regulated subject to Section 14.16.120 of this chapter.

2.

Setbacks.

a.

Towers, guy wires, and accessory structures, including equipment cabinets, shall comply with the setback requirements of the applicable zoning district. Towers and support structures shall be located a minimum of two hundred feet (200′) or at least three (3) times the height of the tower, whichever is greater, from existing residential units or vacant residentially zoned property.

b.

Building-mounted facilities may be permitted to extend up to two feet (2′) horizontally beyond the edge of the structure regardless of setback requirements through the application review process, provided that the antenna does not encroach over an adjoining parcel or public right-of-way or otherwise create a safety hazard.

J.

Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled.

K.

Landscaping. Wireless communication facilities shall be installed in a manner that maintains and enhances existing vegetation and provides new landscape material to screen proposed facilities through the following measures:

1.

The emphasis of the landscape design shall be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the adjacent area.

2.

Existing trees and other screening vegetation in the vicinity of the proposed facility shall be protected from damage both during and after construction. Submission of a tree protection plan prepared by a certified arborist may be required.

3.

All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

4.

Appropriate provisions for irrigation and maintenance shall be identified in the landscape plan. The city may impose a requirement for a landscape maintenance agreement as a condition of approval.

L.

Noise. Wireless communication facilities shall be constructed and operated in a manner that minimizes noise. Noise reduction shall be accomplished through the following measures:

1.

Wireless communication facilities shall operate in compliance with the noise exposure standards in San Rafael Municipal Code Chapter 8.13, Noise.

2.

Normal testing and maintenance activities shall occur between eight a.m. (8:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, excluding emergency repairs.

3.

Backup generators shall comply with the same noise standards referenced in subsection (L)(1) of this section and shall only be operated during power outages, emergency occurrences, or for testing and maintenance.

M.

Radio Frequency Radiation (RFR).

1.

RFR Standards. Wireless communication facilities operating alone and in conjunction with other telecommunication facilities shall not produce RFR in excess of the standards for permissible human exposure as adopted by the FCC.

2.

RFR Report. Applications for wireless communication facilities shall include a RFR report, prepared by a qualified expert, which identifies the predicted and actual (if available) levels of RFR emitted by the proposed facility operating by itself and in combination with other existing or approved facilities which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed, approved, and existing facilities operating at maximum power densities and frequencies.

N.

Post-Approval Requirements.

1.

Validation of Proper Operation. Within forty-five (45) days of commencement of operations, the applicant for the wireless communication facility shall provide the community development department with a report, prepared by a qualified expert, indicating that the actual RFR levels of the operating facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, is in compliance with the standards established by the FCC for RFR.

2.

Three-Year Review. The city will notify all owners or operators of wireless communication facilities every three (3) years that they shall participate in the measurement by the city of the RFR of the facility. The requirement for a three-year review shall be made a condition of approval for all wireless communication facilities. The city will contract to perform the testing with a qualified expert and the owners or operators shall bear the proportionate cost of testing for its facility. The city will establish procedures for:

a.

Scheduling the three-year review period;

b.

Hiring an expert to perform RFR testing;

c.

Collecting reasonable fees; and

d.

Enforcement actions for nonpayment of fees.

3.

Notification of Abandonment of Use. The owner or operator of an approved wireless communication facility shall remove any abandoned facilities or restore the existing approved use of a facility within ninety (90) days of termination of use.

4.

Changes Affecting RFR. Any operational or technological changes to an approved wireless communication facility affecting RFR exposures shall be reported promptly to the city, including any change of ownership. The city may require new RFR testing within forty-five (45) days of notification.

5.

Changes to FCC Standards. Owner or operators of all approved wireless communication facilities shall make necessary changes or upgrades to their facilities in order to comply with any newly adopted FCC standards for RFR. Upgrades to facilities shall be made no later than ninety (90) days after notification of the changed FCC standards and the owner or operator shall notify the city in writing that the upgrades have been completed.

(Ord. 1823 § 1 (Exh. A) (part), 2004).

Tell Tom Reeves to Stop His Plans That Will Disrupt Solar Grand Prix

I have sent the following press release to the news media upon being sent an email written by City Prosecutor Tom Reeves:
Fifth District Councilwoman Gerrie Schipske issued the following statement after being sent an email being circulated by City Prosecutor Tom Reeves who is calling for a rally of GOP candidates in front of her neighborhood office at the very same time she expects more than 300 students and their parents to be participating in the 2010 Solar Grand Prix scheduled for over a year at the very same location. Mayor Bob Foster is expected to make remarks at the Opening Ceremonies of the Solar Grand Prix which she and her 5th District Solar and Sustainability Taskforce organized.

The email Schipske received states:

From: Tom Reeves [mailto:tomreeveslbc@gmail.com]
Sent: Wednesday, April 07, 2010 9:37 PM
To: TomReevesLBC@gmail.com
Subject: Exercise Program

Calling all Hands

The Los Angeles County Young Republicans, the Long Beach Young Republicans, the Long Beach Area Republican Party and our Republican candidates are organizing a walk this Saturday. If you are interested in helping elect Republicans and you are willing to walk a precinct to drop literature on doorsteps – then reply to this email and let us know. You can also call 562.443.8633 and leave a message.

We will be meeting at El Dorado Park on Saturday at 10:00 am. We will be in front of the Community Center at El Dorado Park which is located a half a block South of the intersection of Studebaker and Spring on the East side of Studebaker. That’s 2800 Studebaker Road. This best part of this location is it is right in front of Gerrie Schipke’s District Office!! You don't have to bring anything except a willingness to spend a couple of hours walking in Long Beach.

Please join us elect Republicans === it promises to be a beautiful day for a walk!

Thank you

Tom Reeves, Tim O’Reilly, Mike Hedges, Jana Shields

---------------------------------------------------------------------------------
In response, Schipske stated: "I am disheartened that our City Prosecutor Tom Reeves would stoop so low in his attempt to campaign by scheduling a rally of his fellow Republican candidates in front of the very location where an educational and environmental event has been scheduled for over a year. The Solar Grand Prix is involving over 300 area students, their teachers and parents. These students have worked for over 3 months in designing and building the solar cars they will race. They do not deserve this petty, partisan disruption. I call upon Mr. Reeves and my opponent Mike Hedges, who claims he detests partisan politics, to find another venue and leave these kids out of their silly campaign games."

Kids and the Law

Please feel free to download the publication to the right of this blog post: Kids and the Law. It was compiled by the California State Bar -- of which I am a member.

I try to get these to the high schools -- but this is an easier way and this way parents can receive the publication.

I have received some comments about Long Beach having a juvenile curfew law so I though I would provide some back up information on other laws that impact parents and their kids.

LB Rosie the Riveter Foundation Receives $46,000 Grants

LB Rosie the Riveter Foundation Receives Grant From Long Beach
Navy Memorial Heritage Association –
$46,000 to be used for “interpretive panels” and “compass rose”

The Long Beach Rosie the Riveter Foundation has been selected as a 2009-2010 grant recipient by the Long Beach Navy Memorial Heritage Association and to receive a $46,000 grant to complete the Rosie the Riveter Interpretive Panels and Compass Rose project.

The Long Beach Rosie the Riveter Foundation is a 501 (c) 3 non-profit organization established to preserve the history of Long Beach during World War II during which thousands of women worked at local plants and factories, helping to build the planes and ships that were needed. The Foundation has been raising funds to provide historical interpretive signs and artwork in the Rosie the Riveter Park located at Clark Avenue and Conant Street in eastside Long Beach.

“We are honored to have been selected for this grant,” says Gerrie Schipske, President of the LB Rosie the Riveter Foundation. “These funds will enable us to complete the first phase of historical signs and artwork which will be donated to the City of Long Beach for use in the Rosie the Riveter Park.”

Schipske explains that the interpretive signs will visually depict the history of Long Beach’s involvement in World War, the women who were called “Rosie the Riveter” and the military aircraft they produced – such as the B-17 bomber – which is credited for winning the air war.
The Rosie the Riveter Park is also including a “compass rose” which is a replica of the ones used on the air fields so that pilots could calibrate their compasses.

“The ‘compass rose’ that will be painted in the park will be exactly the same as the one which was in the Administration Building lobby of the US Naval Station in Long Beach,” adds Schipske.

When completed, the Long Beach Rosie the Riveter Park will feature a walking path with interpretive signs, a guide by cell tour, a memorial to those men and women who served in the military during WWII, and displays showing the contributions of the Women Airforce Service Pilots (WASP) and the American Gold Star Mothers. Trees, a rose garden, memorial benches and historic lighting will be located throughout the park.

“Long Beach will become part of the national effort to preserve this period of history and one of only two parks in the United States dedicated to the women who worked so hard on the home front.”

Curfew for Youth During Spring Break

Subject :	CURFEW ENFORCEMENT – SPRING BREAK 2010 *** A REMINDER TO PARENTS ***
Contact :	Media Relations Detail (562) 570-5273

The 2010 Spring Break for Long Beach students is fast approaching and schools will be closed the week of April 5th, and students will return to class on April 12th.

The Long Beach Police Department would like to remind parents that Section 9.58.010 of the Long Beach Municipal Code states: "It is unlawful for any minor under the age of eighteen (18) years to remain in or upon any 'public place' as defined in Section 9.02.090, between the hours of 10:00 p.m. until 6:00 a.m. the following day."

The Long Beach Police Department takes curfew violations seriously. Our experience has shown us that children who are on the street after curfew are more likely to become victims of violent crime, and also are more likely to become involved in criminal behavior.

We are here to remind parents that it is important for them to know where their children are at all times and ensure they get home safely before curfew. The Long Beach Police Department will strictly enforce the curfew statutes through the spring break week. Additionally, we have adjusted our staffing at the Youth Services Division to accommodate any enforcement action.

Curfew laws are there to protect children/youth and keep them safe, and Long Beach police officers will enforce this law with your child’s safety in mind. By working together, we can help provide your child/youth a safe and enjoyable spring break.

Why Alice in Wonderland is an Analogy of Politics

I love the movie "Alice and Wonderland" that is in the theaters because I believe it is a great analogy of just how crazy politics is right now.

For instance, the Long Beach Taxpayers Association who are opposed to any tax increase, just recently endorsed Mike Hedges for the 5th Council race despite the fact that the incumbent (I) not only opposed Measure I but stopped it from being passed because I would not be the vote that would have lowered the threshold for the number of votes needed to pass.

But here's the truly crazy part: Mike Hedges stated several times at the press forum last night that yes, he would support another parcel tax if it was written okay. On the other hand, I continue to express my opposition to tax increases.

LB Taxpayers endorsement is questionable. Just because I won't yell "off with public employees' heads" as they would like me to do -- they appear to have chosen to support a candidate who will vote to increase property taxes. This is curiouser and curiouser, to quote Alice.

5th District "Debate" Set for Tonight at 6pm

The Long Beach Press Corps is sponsoring a 5th Council District "Debate" tonite at the El Dorado Restaurant at Spring and Studebaker. Doors open at 6pm and because the venue is small, you might want to come early to get a seat.