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CC MINS 19980407MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 7, 1998 The meeting was called to order at 6:00 P.M. by Mayor Pro Tem Hollingsworth at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to a closed session per the Brown Act Checklist attached to the agenda. The meeting was reconvened at 7:07 P.M. After the Pledge of Allegiance, roll call was answered as follows: PRESENT: Hollingsworth, Byrd, Lyon, McTaggart " ABSENT: Mayor Ferraro Also present were City Manager Paul Bussey, Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Acting Director of Planning, Building & Code Enforcement Joel Rojas; Director of Public Works Les Evans; Director of Finance Dennis McLean; Director of Administrative Services /City Clerk Jo Purcell; Senior Administrative Analyst Gina Park, and Recording Secretary Jackie Drasco. RECYCLING AWARD (1204 X 1301) City Attorney Carol Lynch chose the winner for the month of March. Mr. Ching on Hyte Road was the winner of a year of free refuse collection. APPROVAL OF AGENDA Councilman Byrd moved, seconded by Councilwoman Lyon, to approve the Agenda. Motion carried. APPROVAL OF CONSENT CALENDAR Mayor Pro Tem Hollingsworth requested that Item No. 12 (weed abatement contract) be removed from the Consent Calendar to be discussed separately. Lois Larue, 3136 Barkentine Road, spoke to several matters on the Consent Calendar: the speed limits set for Palos Verdes Drive West; the March17 minutes; the location of the scenic turnouts; the use of herbicides for weed control; and, the cost of utilities for the Montessori School at Ladera Linda. . Jon Echeveretta, 30327 Ganado, spoke to the resolution approving View Restoration Permit No. 29 which required the trimming and removal of trees on his property. He felt that the City made sufficient findings to reject the appeal and that his documentation was not considered. Councilman McTaggart moved, seconded by Councilwoman Lyon, to approve the Consent Calendar as follows: Motion to waive full reading of ordinances Adopted a motion to waive reading in full of all ordinances presented at the meeting with consent of the waiver of reading deemed to be given by all councilmembers after the reading of the title. Minutes (301) Approved the View Restoration Appeal Hearing Minutes of of March 17 and the Regular City Council Meeting Minutes of March 17, 1998 Claim Against the City by Wei Chen Tung (301 X 303) Rejected the claim and directed the City Clerk to notify the claimant. Commercial refuse and collection agreement with Easy RollOff services (1204 X 1301) Authorized the Mayor and the City Clerk to execute a Nonexclusive Franchise Agreement for Commercial Refuse Collection and Disposal Services with Easy RollOff Services to be effective through December 31, 1998. Resol. No. 98 -18 - Tentative Tract Map Nos. 50666 and 50677 (1203 X 1411) (1) Extended the approvals for Vesting Tentative Tract Map Nos. 50666 and 50667 and related applications for the Ocean Trails project for one (1) year, until April 15, 1999. (2) Adopted RESOLUTION NO. 98 -18 - AMENDING RESOLUTION NO. 96 -97 AND REPEALING RESOLUTION NO. 97 -83 REGARDING THE VACATION OF A PORTION OF PASEO DEL MAR, TO ALLOW AN ADDITIONAL SIX MONTHS FOR THE APPLICANT TO COMPLETE THE NECESSARY ITEMS OF WORK. Resol No. 98 -19 - Establishment of Speed Limits (1204 X 1502) ADOPTED RESOLUTION NO. 98 -19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING SPEED LIMITS ON VARIOUS STREETS. Request for Approval to Develop a Drainage Reimbursement Agreement (1204 X 604) Authorized staff to develop a drainage reimbursement agreement with Donald Glass, the property owner at 11 Marguerite (assessors parcel number 7582-001-025), associated with the drainage system improvement on Palos Verdes Drive West at the north City limit. Resol. No. 98 -20 - Supplemental Agreement for Scenic Turnouts (601 X 1204) ADOPTED RESOLUTION NO. 98 -20 - A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN THE PROGRAM SUPPLEMENT FUNDING AGREEMENT WITH THE STATE OF CALIFORNIA FOR City Council Minutes April 7, 1998 Page 2 THE PRELIMINARY ENGINEERING PORTION OF THE PROJECT TO CONSTRUCT TWO SCENIC TURNOUTS ALONG PALOS VERDES DRIVE WEST AND SOUTH, A FEDERAL -AID PROJECT. Ordinance No. 333 - Burglar Alarm (602 X 1206) ADOPTED ORDINANCE NO. 333 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE BURGLAR ALARM ORDINANCE FOUND IN CHAPTER 9.04 OF THE MUNICIPAL CODE OF THE CITY OF RANCHO PALOS VERDES. (This Ordinance was introduced at the March 17, 1998 meeting). Ordinance No. 334 - Budget Administration (602) ADOPTED ORDINANCE NO. 334 OF THE CITY OF RANCHO PALOS VERDES AMENDING THE BUDGET ADMINISTRATION FOUND IN CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE CITY OF RANCHO PALOS VERDES. (This Ordinance was introduced at the March 17, 1998 meeting.) Resol No. 98 -21 -View Restoration Permit No. 29 (1203 X 1806) ADOPTED RESOLUTION NO. 98 -21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AFFIRMING THE APPROVAL OF VIEW RESTORATION PERMIT NO. 29 TO TOP, TRIM, AND /OR REMOVE TREES AT 30327 GANADO DRIVE. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, and McTaggart NOES: None ABSENT: Mayor Ferraro Resol. No. 98 -22 - Register of Demands (602) ADOPT RESOL. NO. 98 -22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. Park Site Weed Abatement (Lower Hesse Park) (1201 X 1204) The staff report of April 7 recommended that Council authorize staff to proceed with the selective removal of invasive grasses and non - native trees and the application of herbicide at a City park site and to adopt the proposed resolution Amending Resolution 97 -55, the Budget Appropriation for Fiscal Year 97 -98, for a Budget Adjustment to the City's Capital Improvement Project Fund and Quimby Fund. Council expessed concern that money could be wasted in light of the fact that City Council Minutes April 7. 1998 Page 3 development of this site might be taking place later in the year. Director Evans acknowledged that since it was not yet known what the phasing of this development will be, nevertheless, most of the phasing required the weedin g of this site to prevent the spreading of invasive and non - native vegetation. Additionally, he stated that this was the most cost effective time for this weed abatement Council focused on the efficiency of this treatment versus disking , which only propagates the weeds; that the rain this winter had increased the weeds; and, the overgrown appearance of this park. Staff clarified that the herbicide proposed was approved by the State, was required to be applied by licensed contractors, and would not hinder future plant growth, nor would it reach the ocean. Councilman Byrd moved, seconded by Councilwoman Lyon, to (1) authorize staff to proceed with the selective removal of invasive grasses and non - native trees and the application of herbicide at a City park site; and (2) Adopt Resolution 98 -23 AMENDING RESOLUTION 97 -55, THE BUDGET APPROPRIATION FOR FISCAL YEAR 97 -98, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL IMPROVEMENT PROJECT FUND AND QUIMBY FUND. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, and McTaggart NOES: None ABSENT: Mayor Ferraro PUBLIC HEARING: Proposed Ordinance amending the City's Health Code, Chapter 8.04 (801 x 1101) Mayor Pro Tem Hollingsworth opened the public hearing on this matter and City Clerk Purcell reported that notice had been duly published and that no written protests were received by the City. Sr. Administrative Analyst Gina Park presented the staff report which recommended that the Council remove this item from the agenda calendar and direct staff to re- advertise for a Public Hearing when the County has determined the final revisions to the Health and Safety Code. Councilman Byrd moved, seconded by Councilwoman Lyon, to adopt the staff recommendation. Motion carried. REGULAR BUSINESS: Cancellation of Contract with Satsuma Landscape (11204 x 1405) Director Evans presented the staff report explaining that Satsuma Landscape was not City Council Minutes April 71, 1998 Page 4 fulfilling their contract as promised and that they had requested that it be terminated. Staff recommendations were as follows: (1) Terminate the contract with Satsuma Landscape &Maintenance for median landscaping; (2) Award a contract for median landscaping to Bennett Enterprises for $4,242.50 per month; and, (3) Authorize the Mayor and City Clerk to execute the contract documents on behalf of the City Council Councilman McTaggart moved, Councilman Byrd seconded, to adopt the staff recommendations. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, and McTaggart NOES: None ABSENT: Mayor Ferraro Resol. Nos. 98 -24, 25 & 26 - Citywide Landscaping and Lighting District (901 x 1204) Director Evans presented the April 7 staff report and recommendation to initiate the proceedings for the 1998 -99 Citywide Landscaping and Lighting Maintenance District by adopting the three proposed resolutions. The first would initiate the proceedings, the second approves the Engineers's Report, and the last sets a hearing date of May 191 1998 to establish the rates. He further stated that the assessments would be lower than the previous fiscal year except for the Miraleste area which had stayed the same. He mentioned one reason for the decreased rates was property splits, establishing additional parcels. Upon inquiry from Council, Director Evans clarified that a difference in the cash flow before and after Proposition 218 had provided a surplus of funds of approximately $150,000 which would last for about another two years. Council and City Attorney Lynch noted several typographical errors having to do fiscal year designations. City Attorney Lynch also added (on circle page 8) the following line to Resolution 98 -24 in the second sentence of Section 3: ... "operation and maintenance of public streets and sidewalks "... and removed the first two lines on circle page 9. In reply to Council inquiry, City Attorney Lynch noted that all corrections and changes could be read into the record so that the Resolutions could be adopted. Staff stated that Council would receive a copy of the corrected resolutions. Councilman McTaggart moved, seconded by Councilwoman Lyon, to ADOPT RESOLUTION NO. 98 -24 INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1998 -99 AND ORDERING THE ENGINEER TO PREPARE A REPORT IN CONNECTION THEREWITH. Motion carried. Councilman Byrd moved, seconded by Councilwoman Lyon, to ADOPT RESOLUTION City Council Minutes April 7, 1998 Page 5 NO. 98 -25, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1998- 99. Motion carried. Councilman Byrd moved, seconded by Councilman McTaggart, to ADOPT RESOLUTION NO. 98 -26 DECLARING THE CITY COUNCIL'S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND' LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 1998 -99 AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Motion carried. Animal Control Services Options (104 x 1101) Ms. Park advised Council that the SPCA would be discontinuing field service on June 301 1998, and discussed the three options given in the staff report which are (1) basic, as needed, service with Los Angeles County at a cost of approximately $77,600 (11 more than the current SPCA cost), (2) level 2 service with Los Angeles County, providing an additional 600 hours, at a cost of approximately $104,000 (49% more than the current SPCA cost), or (3) an in -house plan with shelter service provided by the SPCA and all other services provided by the City, including purchase and maintenance of startup equipment at a cost of approximately $85,750, which would not include administrative overhead. She noted that staffs recommendation was to select Option No. 1, with staff reporting back to Council in six months and increasing the dog license fee to the level the County currently uses - $15 for altered animals and $30 for unaltered animals. Upon Council inquiry, Analyst Park replied that the estimated costs were based on 4500 dog licenses but it was felt that possibly only 3400 dog license would be sold so the cost could be higher. She added that the County would be canvassing the City to attempt to sell more dog licenses. Additional suggestions from Council included staff's monitoring the County's canvassing and to contact Rolling Hill Estates, which has been using the County's services for a year, to investigate the possibility of a shared effort between the two cities and the County. Councilman McTaggart moved, with Councilman Byrd seconding, to accept staff's recommendation. The motion carried. Approval of City participation in construction of joint drainage facilities for Point Vicente Interpretive Center and Tract 46628 - Subregion 1 (1204 x 1411) Director Evans presented the staff report of April 7, 1998 and stated that the improvements at the Pt. Vicente Interpretative Center would be coming to the Council within the next one to two months and that drainage is one of the concerns at the site. He explained that drainage from City Hall down across the property at PVIC is currently flowing directly over the bluff and that a preferable arrangement would be a slant drain. City Council Minutes April 7, 1998 Page 6 This is a pipe built on a slant underground beginning about 100 feet back from the bluff and emptying at the foot of the bluff. Because of the work being done by the developer at the adjacent property, Subregion 1, an opportunity has arisen to share the slant drain being built for this project. The cost would be between $140, 000 and $200,000. Upon inquiry of the Council, Director Evans clarified that the developer has agreed to share the drain; that the cost to increase the size of the drain would be about $140,000; that the percentage of City flow would be about 29% ; that the percentage of the developer's cost would be about $202,000; that the cost to the City would be negotiated with the developer as well as the responsibility for maintenance of the drain. Since the County would not maintain the drain, it would have be maintained by the City or a Homeowners Association. Director Evans discussed funding for the project, stating that Measure A Funds might be available, although some portion of the improvements at PVIC might have to be eliminated to have enough Measure A funds for the drain. He noted that another source might be from the fund of $500,000 which the Council was considered for drainage throughout the City. Director Evans concurred that it would be a good idea to install the slant drain at PVIC whether or not the other improvements were accomplished. He also stated that the developer's EIR had already taken care of the environmental concerns, which included an energy dissipator at the foot of the bluff, thereby saving the City the effort and expense of its own EIR. Councilman McTaggart moved, seconded by Councilwoman Lyon, to accept the staff recommendation. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, and McTaggart NOES: None ABSENT: Mayor Ferraro Modification of The Golden Lotus Restaurant Liquor License (102 x 1203) Director Rojas presented the staff report, indicating that the ABC had notified the City, in accordance with a new State law, that the Golden Lotus wished to modify its liquor license. The City can comment on this request and consequently staff was asking Council for direction and to consider whether the changes would impact the neighborhood. Modifications requested included permission to have a DJ and dancing and an extension. of the sales of alcohol from midnight to 1:00 AM. Mr. John Bottorff, 6402 via Baron and 33176 Hawthorne, expressed hope that the City Council would give Staff direction to respond to the ABC to allow for his requested modifications. He explained that his customers like a quiet atmosphere and he has no intention to driving away his customer. He added that he has always had wedding 9 receptions but is now asking to have a DJ, or a small band, and dancing. He discussed the surrounding properties and how they might be affected by the changes he is requesting. City Council Minutes April 7, 1998 Page 7 In answer to Council inquiries, staff replied that because the Code does not address restaurant use or entertaining, any complaint received would be investigated and the restaurant owner contacted. There would not be a conditional use permit (C.U.P.) to revoke. City Attorney Lynch noted that other cities with more commercial enterprises usually require a C.U.P. for live entertainment. The Council was concerned with the time and expense involved in the C.U.P. process, however, and were also concerned how future changes could be processed. Staff clarified that the liquor license and its permitted uses would transfer to any new owner, however, without a C.U.P., enforcement would be more difficult. Councilman Byrd moved, seconded by Councilwoman Lyon, that no comment be made to the ABC regarding Mr. Bottorff s request, thereby indicating the City's approval, and that a CUP ordinance be drafted for enforcement of live entertainment regulations for this and other locations within the City. Natural Community Conservation Planning (NCCP) Project (1203) Director Rojas presented the staff report, explaining that the City had been working with a consultant on the NCCP project for about a year, with Phase I almost complete. It was anticipated that Phase II would take approximately six to seven months to complete at a cost of $211,794. Director Rojas noted that there been recent confirmation from the U.S. Fish & Wildlife Service that there would be $200,000 in Federal funds allocated to the City for the NCCP, noting that the staff report indicates that the request was for $225,000, and that this money would be received in the early fall. City Manager Bussey indicated that an additional $100,000 in State funds (since NCCP is a shared effort by the Federal /State governments) had been requested for the City contract cost by Assemblyman Kuykendall. At Council's request, the contingency of $25,000 was eliminated from the approval and staff was requested to bring back any requests for additional money as needed. Councilman McTaggart moved, seconded by Councilwoman Lyon, to approve the staff recommendation, subject to Alternative No. 2, removing the $25,000 contingency fund. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, and McTaggart NOES: None ABSENT: Mayor Ferraro Ordinance No. 335 -Job Sharing of Existing Full -Time Positions (1202) City Council Minutes April 7, 1998 Page 8 Assistant City Manager Petru presented the staff report, explaining the issue had arisen from a request received from a full time employee to share her job with a current part - time employee. Staff believed this arrangement could be beneficial to the City in hiring and maintaining qualified personnel in this and future instances but there are no provisions in the City's Municipal Code nor in the Personnel Rules to accommodate such job sharing. She stated that an Ordinance had been written to amend the Code and a Resolution provided, should the Ordinance be adopted, to be brought back to the Council at the next meeting to amend the Personnel Rules. In response to Council inquiry, staff clarified that this was becoming a common situation at other cities and in private businesses; that there would be no financial impact because overtime would not be allowed unless either of the two employees worked more than 40 hours (an unlikely occurrence); and, that the cost of benefits would be pro -rated according to the number of hours each employees worked. Councilman McTaggart moved, .Councilwoman Lyon seconded, to adopt the staff recommendation and INTRODUCED ORDINANCE NO. 335 - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 2 (PERSONNEL SYSTEM) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCLUDE SHARED FULL -TIME POSITIONS. The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, and McTaggart NOES: None ABSENT: Mayor Ferraro Reschedule of May 5 City Council Meeting &Budget Work Session (307 x 1101) Assistant City Manager Petru explained that in order for some members of the City Council to attend the CMANC Conference in Sacramento from May 4 to May 6, 1998, Mayor Ferraro had asked that these two meetings be canceled or rescheduled. It was the consensus to cancel the May 5 Council meeting and the budget work session scheduled for earlier that day. Instead, the Council would hold a budget work session on Thursday, May 14 at 9:15 A.M. at City Hall and, if necessary, to hold another work session prior to the May 19 City Council meeting. Lois Larue objected to the City's expenses relative to CMANC. Recess & Reconvene: At 8:30 PM the Mayor declared a recess. The meeting reconvened at 8:42 PM and the RDA agenda was addressed at that time. Modification of Municipal Code relating to the number of Radio or Commercial Antennas Allowed on a single parcel (11101 x 1801) City Manager Bussey presented the staff report and explained that the reason this item had come before the Council was receipt of an application for a second antenna. He recommended that if the Council wished to have a review of the number of commercial City Council Minutes April 7, 1998 Page 9 and /or ham radio antennas allowed on a single parcel, that they should adopt the proposed urgency ordinance. If such an ordinance is adopted, then staff should be instructed to prepare a draft amendment to the Municipal Code limiting the number of ham radio antennas allowed per lot and schedule the matter for hearing before the Planning Commission. Other alternatives included: (1) Do not adopt a moratorium and take no further action; (2) Adopt the moratorium but amend it so that it does not apply to applications already received.; or (3) Do not adopt the moratorium but direct staff and the Planning Commission to make recommendations concerning the Code as it relates to antennas. This alternative would allow existing applications and new applications to be processed in the interim. City Manager Bussey indicated that research revealed that there were currently four instances of a second antenna and that this proposed ordinance would not eliminate antennas already in place; they would be designated as a legal, non - conforming use. As there were 23 speakers for this item, Mayor pro tem Hollingsworth asked if a spokesperson might be designated for the group or if all speakers would like the three minutes allotted to them. Mr. Mark Abrams replied that they might be able to combine some testimony. Mark Abrams, 44 Oceanaire Drive, provided three handouts for the council and described them as follow: (1) A discussion of radio interference, a common complaint against ham radio operators, in which the FCC states that the FCC cannot resolve the problem because the cause of the problem is the design of the product and not a violation of any FCC rule. (2) A description of PRB -1 issued by the FCC in 1985 which states that "state and local regulations that attempt to preclude amateur radio communications in their community are in direct conflict with federal objectives and must be pre- empted ". It' also states that "local regulations which involve placement, screening, and height of antennas, based on health, safety or aesthetics consideration must be crafted to accommodate reasonable amateur communication and to represent the minimum practical regulation to accomplish the local authority's legitimate purpose ". (3) A statement issued by the U.S. Court of Appeals relative to a specific case, which reads, in part, "The city's decision to grant a variance that allows Pentel (the applicant) to continue to use a wholly inadequate antenna does not constitute an accommodation in any practical sense. In addition, because the city did not accommodate Pentel, it obviously did not use the least restrictive means available to meet its legitimate zoning purposes ". (Mr. Abrams' exhibits are on file with the City Clerk's Office.) Mr. Abrams explained that he has two antenna installations because of interference by the competing repeater systems at his house and that he has applied to replace one of the two antenna systems with a larger structure which is necessary to take care of the interference problem. Skip Hanson, 3250 Martingale Drive, claimed that he has lived in the City for 25 years, has been a radio operator for 30, has three antennas and has had no complaints from City Council Minutes April 7, 1998 Page 10 neighbors regarding interference or aesthetics. Joseph Provenza, 3944 Ladoga Avenue, Long Beach, stated that he represented the amateur radio service which requested that the FCC issue PRB -1 and added that amateurs were supported by the Department of Defense which relies on them for communication, as well as the Red Cross, FEMA and Military Amateur Eergency Radio Service. He noted that the service was only as effective as the antenna and that the FCC believed that local and state governments must adhere to federal guidelines to support amateur radio for emergency uses. Hank Magid, 12374 Branford. Street, #20, Arleta, advised the Council that he was the Los Angeles section emergency coordinator for the radio. amateur emergency service and represented the radio relay league in Connecticut. He made reference to the Northridge earthquake and explained that because of problems with the communications between the hospitals and the County, the amateur radio emergency service provided assistance for the first day after the quake. He explained that cellular phones were of little use during a disaster because the cells quickly filled up and busy signals were received by most users. He believed that the proposed ordinance was in violation of the FCC Act of 1934, and the Communication Act of 1996, of the First Amendment and probably created a negative impact on the City's General plan. Jack Carter, 28911 Golden Meadow, mentioned that he was a resident of the City for 35 years, was president of the local amateur radio club and was alarmed at reducing antennas on residences and saw this action as a crippling blow. He asked the City Manager to provide research to prove that one antenna is adequate. He felt that the ordinance was overly stringent and that an antenna can be a small stub and would still count as one, adding that VHF antennas are small and others are big and that there seemed to be no distinguishing between types. He concluded by saying that one antenna would be ridiculous and this restriction would come close to violating federal rules. A comment from the Council indicated that the restriction was not on individual antennas but the structures on which they were placed. Mr. Carter said that he had not realized the reference was to structures, not antennas. City Manager Bussey commented that this was an important distinction and that the ordinance could be amended to clarify this. Mr. Carter continued, noting that the FCC allowed one sattellite antenna, one television antennas and one personal communications antenna. Caryl Newton, 46 Oceanaire, told the Council that she lives next door to Mr. Abrams and that she is opposed to antennas because of the 54' antenna array and a 40' monopole on his property. She believed this equipment is a threat to health, safety and property values. She contended that one antenna for a hobbyist is enough. She concluded by suggesting that any person who wanted more than one antenna should have to apply for a minor exception permit. City Council Minutes April 7. 1998 Page 11 Merrill Stone, 5171 Bluemound Road, a 41 -year resident of the City, advised that he had an amateur radio license since 1941 and he cautioned the Council and staff in considering this ordinance even though they had the ability to apply what he considered to be unreasonable restrictions. Mr. Stone mentioned that there were different types of antennas required for short wave (for long distance communication) and a repeater, which required a different tower (for emergency communication). He added that the School District was having all their principals trained as radio operators by the Peninsula Radio Club and he hoped that the City would work together with the Peninsula Radio Club for suggestions. Richard Eastwood, 25905 Narbonne Ave., #14, Lomita, commented that he had been a member of the Peninsula Radio Club for over ten years and that he had been a resident of Rancho Palos Verdes for over 26 ears before moving to Lomita. Mr. Y g Eastwood agreed with the previous speaker who said that the amateur radio is crucial to community. He stated that he did not feel this urgency ordinance needed to be adopted. He suggested that the City get in touch with the Radio Club to obtain facts. Mr. Eastwood explained that it was hard to find a site for a repeater and that when a location was found, there would usually be a number of them in that area. He added that there were large commercial towers on the Peninsula near residences. He closed by advising that in a time of emergency, the government and the public would depend on the radio amateurs. Jim Bogdan, 3713 Capetown Street, Lakewood, reported that he was the Deputy Chief Communications Officer for Los Angeles County's Communication Disaster Service which was established by the County Supervisor 50 years ago to provide emergency communication during a disaster. He advised that his group was operated by the Sheriff's Department and that the group was comprised for 2,000 radio amateurs. He further explained that every Sheriff's station has the ability to communicate with the Emergency Operations Center centered in Los Angeles and that all participants were screened and trained by the Sheriffs Department and the Fire Department. He added that the City of Rancho Palos Verdes is in a particularly vulnerable locations with a restriction of exits from the area and lacking in hospital facilities. He invited to the City to be a part of the emergency communication network. Mike Wulfesteig, 13321 Wilson Street, Garden Grove, said that he was president of a of non - profit corporation which covered three states and that he has a location at Mr. Abrams house. Mr. Wulfesteig stated that he had been a Deputy Sheriff for 26 years and had been assigned to Peninsula and was aware that if Crenshaw and Hawthorne were unavailable for use, there would be serious problems in the case of an earthquake or a fire. He explained that there were 24 bands in the amateur spectrum and each one required an antenna. He suggested that the City talk to Jim Bogdan and cautioned that one repeater could not cover the entire peninsula. Dale Hanks, 5225 Middlecrest Road, stated that he is a member of the Disaster Communications Service and that his specific responsibility is emergency radio for Rancho Palos Verdes. He agreed that the issue should be the number of structures, not antennas; however, he warned that a limitation of one structure was not reasonable, particularly in the instance of a wire antenna which needed two towers, City Council Minutes April 7, 1998 Page 12 one to support each end. He pointed out that there were many facets to the hobby, long distance communication which required one antenna pointed to the horizon and another for satellite communication which required an antenna pointed up. He suggested that the City investigate the rules imposed by the FCC on amateur radio operators and it will find that safeguards have been established with respect to RF exposure. Mr. Mark Abrams. returned to the podium, having been given additional time from speakers who relinquished their right to speak. He discussed the issue of RF exposure and stated that the FCC has established a new set of safety guidelines with which the amateur radio operators are required to comply. He stated that this was not an issue for the local zoning boards to address and their decisions would be pre - empted by the FCC's guidelines in any case. He claimed that in one of the guidelines he distributed, there was an identical letter from the FCC to the cities of Cerritos and El Segundo which stated that if they instituted the moratorium ordinance which had been proposed, the FCC would require a detailed explanation of why it was established and that the purpose would not be consistent with the federal guidelines regarding antennas. Mr. Abrams expressed concern that many zoning boards were putting up roadblocks to developing various wireless technologies besides amateur radio and that this was specifically prohibited by PRB -1. He showed the Council a copy of a study indicating that antennas did not affect property value. In conclusion, Mr. Abrams noted that precedents had been set up court cases and he believed trying to establish an ordinance against federal law did not seem prudent. Council comments included the fact that interference with emergency radio service was not- intended but simply a temporary moratorium on more than one antenna for radio use and that the concept of a structure, rather than an individual antenna was significant. It was agreed that new technology needed to be addressed and that the City needed the expertise of local radio operators. It was mentioned that the City wished to support radio operators but yet not create a neighborhood nuisance in the form of an antenna farm. It was explained that the urgency ordinance was in place for only 45 days and then could be extended to a maximum of 22 months but only after an additional public hearing. The Council hoped that a clearer understanding of the situation could be attained during those 45 days and that an extension would not be necessary. City Attorney Lynch made several amendments to the title of the ordinance and introduced it by title as follows: ORDINANCE NO. 336U - AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES DECLARING AND IMPOSING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS AND THE ISSUANCE OF PERMITS OR OTHER ENTITLEMENTS FOR, AND THE CONSTRUCTION OF, MORE THAN ONE COMMERCIAL ANTENNA OR HAM RADIO ANTENNA ON ANY LOT WITHIN THE CITY DURING THE TERM OF THIS INTERIM ORDINANCE, AND DECLARING THE URGENCY THEREOF. Councilman McTaggart moved to adopt ORDINANCE NO. 3360. The motion was seconded by Councilman Byrd, and carried on the following roll call vote: City Council Minutes April 7, 1998 Page 13 The motion carried on the following roll call vote: AYES: Hollingsworth, Byrd, Lyon, and McTaggart NOES: None ABSENT: Mayor Ferraro In response to a council question regarding further action to be taken at the end of the 45 days, City Attorney Lynch noted that the next public hearing before the Planning Commission would be noticed. The Council made it clear that a resident could still apply for a single antenna during the time this urgency ordinance was in place. Mr. Mark Abrams commented that there was no emergency to indicate that an emergency ordinance be adopted. City Attorney Lynch clarified that this was an urgency ordinance and that did not imply an emergency situation and it was intended only to preserve the status quo and to give the City time to study the situation. City Manager Bussey made arrangements with Mr. Abrams to obtain a copy of the property values report. ORAL CITY COUNCIL REPORTS: There were no reports. PUBLIC COMMENTS: Lois Larue spoke in opposition to holding meetings at the Salvation Army facility and Marymount College. Donald Kunkle, 2565 Colt Road, spoke regarding View Restoration Permit No. 39 which required that five pine trees on his property be cut down to stumps and he expressed his opinion that the removal of these trees would subject him to radiation. Mr. Kunkle asked that the Council rescind the order to cut down his trees. ADJOURNMENT: At 10:50 PM, the meeting was adjourned on the motion of Mayor pro tem Hollingsworth to April 16 at 10:00 A.M. to meet in closed session with the recruitment consultant Regarding the Council's Closed Session earlier that evening ,City Attorney Lynch reported that with regard go Ortolano vs Diamond Brothers, the Council had voted unanimously not to oppose the lot line adjustment of 10 feetand moving the trail City Council Minutes April 7, 1998 Page 14 easement 10 feet but had voted against paying any money to the plaintiff. Regarding the second item, she stated that there had been no action taken. 1 Flo ATTEST: ccmin utes \040798cc. min City Council Minutes April 71, 1998 Page 15