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CC DM 20180320 B - 20180215 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL SPECIAL MEETING FEBRUARY 15, 2018 CALL TO ORDER: A Special meeting of the Rancho Palos Verdes City Council was called to order by Mayor Brooks at 5:08 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: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks ABSENT: None Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and Emily Colborn, City Clerk. Also present Lona Laymon, Deputy City Attorney; Art Bashmakian, Planning Consultant, and Bill James, Planning Commission Vice Chair. PUBLIC COMMENTS: City Clerk Colborn reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: Lona Laymon, Deputy City Attorney, announced the item 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 and 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 5:10 P.M., the Council recessed to Closed Session. RECONVENE TO OPEN SESSION (MCTAGGART HALL): At 5:41 P.M., the Council reconvened the meeting for Open Session. CLOSED SESSION REPORT: Lona Laymon, Deputy City Attorney, reported that with regards to Closed Session No. 1, the matter was discussed with no reportable action taken. PUBLIC COMMENTS: City Clerk Colborn reported that there were no requests to speak. Mayor Brooks announced the Public Hearings would be heard out of order with item No. 3 being heard first followed by No. 1 and No. 2. PUBLIC HEARINGS: 1. Consideration and possible action to grant an appeal and overturn the Planning Commission's denial of Major Wireless Telecommunication Facility ASG No. 33 to install a Wireless Telecommunication Facility on a replacement stop sign pole within the public right-of-way at the northeast corner of Chartres Drive and Cartier Drive. City Clerk Colborn reported that notice of the public hearing was duly published and there were two requests to speak. Ara Mihranian, Director of Community Development, presented a brief staff report. Mayor Brooks declared the public hearing open; the following people spoke: Michael W. Shonafelt (Appellant/Applicant), Legal Counsel for Crown Castle and Steven Garcia, Engineer for Crown Castle, spoke regarding the proposed Major Wireless Telecommunication Facility Permit ASG No. 33 and presented their appeal to the City Council and requested that the item be deferred back to the Planning Commission. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to continue the public hearing to a date uncertain while maintaining jurisdiction over the appeal in order to allow the Applicant additional time to explore placing the wireless facility at alternative multiple locations for further review by the Planning Commission. DRAFT - City Council Minutes Special Meeting February 15, 2018 Page 2 of 5 The motion passed on the following roll call vote: AYES: Alegria, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: Cruikshank 2. 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, public correspondence was received and distributed prior to the meeting, and there two requests to speak. Art Bashmakian, Contract Planner, presented a brief staff report and Powerpoint presentation. Mayor Brooks declared the public hearing open; the following people spoke: Steven Garcia, Engineer with Crown Castle, presented their appeal regarding the proposed Major Wireless Telecommunication Facility Permit ASG No. 53. Jeff Calvagna, stated he was pleased how the process is working out and commended Staff and Crown Castle for their collaboration. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Councilman Dyda, to adopt Resolution No. 2018-09, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING AN APPEAL AND OVERTURNING THE PLANNING COMMISSION'S DENIAL OF MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 53 TO ALLOW THE INSTALLATION OF TWO PANEL ANTENNAS, ENCASED IN A CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER MOUNTED ON A 4' MAST ARM, EXTENDING FROM AN EXISTING 52' TALL WOOD UTILITY STREETLIGHT POLE, WITH UNDERGROUND VAULTED ACCESSORY EQUIPMENT AT THE NORTHWEST INTERSECTION OF MONERO DRIVE AND GRANVIA ALTAM IRA DRAFT - City Council Minutes Special Meeting February 15, 2018 Page 3 of 5 The motion passed on the following roll call vote: AYES: Alegria, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: Cruikshank Mayor Brooks moved to adjourn the 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. City Clerk Colborn reported that notice of the public hearing was duly published, public correspondence was received and distributed prior to the meeting, and there were three requests to speak. Ara Mihranian, Director of Community Development, presented a brief staff report. Mayor Brooks 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. 32 and presented their appeal to the City Council. Joe Locascio, expressed concerns with the noise factor brought on by the cell tower, resources for backup power, and ways of cooling the electronic equipment during warm weather. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to adopt Resolution No. 2018-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING MAJOR WIRELESS TELECOMMUNICATIONS FACILITY PERMIT ASG NO. 32 TO ALLOW THE INSTALLATION OF ANTENNAS ENCASED IN A CANISTER MEASURING 2' TALL AND 14.6" IN DIAMETER TO A REPLACEMENT STREETLIGHT POLE NOT TO EXCEED 29'-9" IN TOTAL HEIGHT AS MEASURED TO THE TOP OF THE CANISTER WITH RELATED VAULTED MECHANICAL EQUIPMENT ADJACENT TO 29716 WHITLEY COLLINS DRIVE. DRAFT - City Council Minutes Special Meeting February 15, 2018 Page 4 of 5 The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None After hearing item No. 3 Councilman Cruikshank requested to be excused for the remainder of the meeting. Mayor Brooks moved to item No. 1. ADJOURNMENT: At 6:48 P.M., Mayor Brooks adjourned the meeting. Attest: /s/Emily Colborn City Clerk /s/Susan Brooks Mayor DRAFT - City Council Minutes Special Meeting February 15, 2018 Page 5 of 5