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CC DM 20171219 B - 20171130 CC MINS SPC DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL SPECIAL MEETING NOVEMBER 30, 2017 CALL TO ORDER: A Special meeting of the Rancho Palos Verdes City Council was called to order by Mayor Campbell at 4:12 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Misetich, Duhovic, Mayor Campbell ABSENT: None Also present were Gabriella Yap, Deputy City Manager; David Aleshire, City Attorney; Christy Marie Lopez, Special Counsel; Lona Laymon, Deputy City Attorney; Ara Mihranian, Director of Community Development; Elias Sassoon, Director of Public Works; and Emily Colborn, City Clerk. Also present was Planning Commission Vice -Chair William James. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ara Mihranian, Director of Community Development. PUBLIC COMMENTS FOR CLOSED SESSION ITEMS: City Clerk Colborn reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the items to be discussed in Closed Session. 1. POTENTIAL LITIGATION AGAINST THE CITY: GC 54956.9(a), (d)(2), (e)(4) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on certain statements made by counsel for planning applicant Crown Castle in open and public meetings threatening litigation on specific matters within the responsibility of the legislative body. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 4:14 P.M., the Council recessed to Closed Session. RECONVENE TO OPEN SESSION (MCTAGGART HALL): At 5:30 P.M. the Closed Session was adjourned to the open session. CLOSED SESSION REPORT: City Attorney Aleshire reported that with regards to Closed Session item #1, matter was discussed with no reportable action taken. PUBLIC COMMENTS: (Limited to items listed on the special meeting agenda) City Clerk Colborn reported that there were no requests to speak. Mayor Campbell called for a brief recess at 6:30 P.M. The meeting reconvened at 6:37 P.M. PUBLIC HEARINGS: Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 53 to install a Wireless Telecommunication Facility (WTF) on an existing utility pole at the northwest intersection of Monero Drive and Granvia Altamira. City Clerk Colborn reported that notice of the public hearing was duly published, any written protests received to date have been included in the staff report and late correspondence and distributed prior to the meeting, and there were nine (9) requests to speak. Ara Mihranian, Director of Community Development, began by presenting a Power Point on the background of the City's Wireless Telecommunication Ordinance and how it is applied including describing the steps that occur during an appeal process. Council and Staff discussion ensued. Ara Mihranian, Director of Community Development, announced that Public Hearing items #3 and #5 will be continued to a date uncertain requiring re -noticing the public hearing. He added that those who want to speak will be heard tonight. Ara Mihranian, Director of Community Development, proceeded with a staff report and Power Point presentation explaining the differences between the original submitted project to the project denied by the Planning Commission. DRAFT - City Council Minutes Special Meeting November 30, 2017 Page 2 of 6 Mayor Campbell declared the public hearing open; the following people spoke: Michael W. Shonafelt (Appellant/Applicant), Legal Counsel for Crown Castle and Steven Garcia, Engineer with Crown Castle, spoke regarding the proposed Major Wireless Telecommunication Facility Permit ASG No. 53 and presented their appeal to the City Council. Don Briggs, Jeff Calvagna, Joan Davidson, Gary Wu, Samson Munn, Camille Feldman and Noel Park spoke in opposition of this item. Alan Siegel, spoke in favor of this item. Discussion ensued among Council Members and Staff. Mayor Campbell called for a brief recess at 7:40 P.M. The meeting reconvened at 7:59 P.M. and discussion continued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to continue the Public Hearings for items #1, #3, and #5 to a date uncertain but no later than February 28, 2018; to refer all three items to the Planning Commission for input on the Appellant's changes, modifications, and suggestions made since the Planning Commission denied the items; and the continuance is contingent on the City receiving a signed letter extending the shot clock until the end of February 2018. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None At this time Mayor Campbell moved to item #3 to hear public comments from those that might be present at tonight's meeting. 3. Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 32 to install a Wireless Telecommunication Facility (WTF) on a replacement streetlight pole adjacent to 29504 Whitley Collins. Mayor Pro Tem Duhovic moved to waive the staff report on this'I,item'I,[AM11. Without objection, Mayor Campbell so ordered. Mayor Campbell declared the public hearing open; the following people spoke: Guity Tavakol, Jeff Calvagna, and Samson Munn spoke in opposition of the item. DRAFT - City Council Minutes Special Meeting November 30, 2017 Page 3 of 6 Discussion ensued among Council Members and Staff. Based on the motion for item #1, this item was continued to a date uncertain but no later than February 28, 2018. At this time Mayor Campbell moved to item #5 to hear public comments from those that might be present at tonight's meeting. 5. Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 09 to install a Wireless Telecommunication Facility (WTF) on a replacement streetlight pole adjacent to 30452 Camino Porvenir. Mayor Pro Tem Duhovic moved to waive the staff report on this itemi[AM21. Without objection, Mayor Campbell so ordered. Mayor Campbell declared the public hearing open; the following people spoke: Jeff Calvagna, Louis Fraiz, Samson Munn and spoke in opposition of the item. Discussion ensued among Council Members and Staff. Based on the motion for item #1, this item was continued to a date uncertain but no later than February 28, 2018. At this time Mayor Campbell moved to item #2 2. Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 33 to install a Wireless Telecommunication Facility on a replacement stop sign pole at the northeast corner of Chartres Drive and Cartier Drive. City Clerk Colborn reported that notice of the public hearing was duly published, any written protests received to date have been included in the staff report and late correspondence and distributed prior to the meeting, and there were six (6) requests to speak. Ara Mihranian, Director of Community Development presented a brief staff report and Power Point presentation. Mayor Campbell declared the public hearing open; the following people spoke: Michael W. Shonafelt (Appellant / Applicant), Legal Counsel for Crown Castle and Steven Garcia, Engineer spoke regarding the proposed Major Wireless DRAFT - City Council Minutes Special Meeting November 30, 2017 Page 4 of 6 Telecommunication Facility Permit ASG No. 33 and presented their appeal to the City Council. Jeff Calvagna, Noel Park, J.D. Dickinson, Samson Munn, Ms. Chen, and Pamela Marton and spoke in opposition of the item. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to continue the Public Hearing to a date uncertain but no later than February 28, 2018; to refer the item to the Planning Commission for input on the Appellant's changes, modifications, and suggestions made since the Planning Commission denied the items; and the continuance is contingent on the City receiving a signed letter extending the shot clock until the end of February 2018. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None 4. Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility Permit ASG No. 69 to install a Wireless Telecommunication Facility on a replacement streetlight pole across from 3486 Seaglen Drive. City Clerk Colborn reported that notice of the public hearing was duly published, any written protests received to date have been included in the staff report and late correspondence and distributed prior to the meeting, and there were seven (7) requests to speak. Councilman Misetich announced that he will be recusing himself from this item due to a conflict of interest since he lives within 500' of the coverage area of the proposed item. Council Misetich requested to be excused from the rest of the meeting. Without objection, Mayor Campbell so ordered. Ara Mihranian, Director of Community Development presented a brief staff report and Power Point presentation. Mayor Campbell declared the public hearing open; the following people spoke: Michael W. Shonafelt (Appellant / Applicant), Legal Counsel for Crown Castle, and Steven Garcia, Engineer spoke regarding the proposed Major Wireless Telecommunication Facility Permit ASG No. 69 and presented their appeal to the City Council. DRAFT - City Council Minutes Special Meeting November 30, 2017 Page 5 of 6 Jeff Thompson, Danny Babich, Jeff Calvagna, Samson Munn, Noel Park, and Raymond Quan, and James Dickenson spoke in opposition of the item. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved to extend the meeting to 10:30 P.M. Without objection, Mayor Campbell so ordered. Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to continue the Public Hearing to a date uncertain but no later than February 28, 2018; to refer the item to the Planning Commission for input on the appellant's changes, modifications, and suggestions made since the Planning Commission denied the items; and the continuance is contingent on the City receiving a signed letter extending the shot clock until the end of February 2018. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Duhovic, and Mayor Campbell NOES: None ABSENT: Misetich (excused) ADJOURNMENT: At 10:32 P.M., Mayor Campbell adjourned to 7:00 P.M. on December 5, 2017, for a regular meeting. Attest: /s/Emily Colborn City Clerk /s/Susan Brooks Mayor DRAFT - City Council Minutes Special Meeting November 30, 2017 Page 6 of 6