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HomeMy WebLinkAboutMIN 2001 0829 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California August 29, 2001 A Special Meeting of the City Council of the City of Moorpark was held on August 29, 2001 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:40 p.m. 2. ROLL CALL: Present: Councilmembers Mikos, Millhouse, Harper, Wozniak and Mayor Hunter. Staff Present: Steven Kueny, City Manager; Joseph Montes, City Attorney; Hugh Riley, Assistant City Manager (arrived at 6:41 p.m.); Wayne Loftus, Director of Community Development; Walter Brown, City Engineer; Deborah Traffenstedt, Assistant to City Manager /City Clerk; and La -Dell VanDeren, Deputy City Clerk. 3. PUBLIC COMMENT: None. 4. PUBLIC HEARING: A. Consider the Status of Interim Prohibition of Wireless Telecommunications Facilities and Extension of Ordinance No. 272 Enacting a Moratorium on the Issuance of Permits for Their Construction or Placement. Staff Recommendation: 1) Open the public hearing, take public testimony, and close the public hearing; and 2) Adopt Ordinance No. 273, providing for an extension of Ordinance No. 272, enacting a moratorium on the issuance of permits for construction or placement of wireless communications facilities. (FOUR /FIFTHS VOTE REQUIRED) Mr. Montes advised the need for adjourn to closed session under It that the facts and circumstances exposure to litigation consist of a threatening litigation received representing AT &T Wireless. the City Council to em 4.A. He announced creating significant written communication from the attorneys In response to Mayor Hunter, Mr. Kueny stated his concurrence with the need to adjourn to closed session. Minutes of the City Council Moorpark, California Page 2 August 29, 2001 MOTION: Councilmember Millhouse moved and Councilmember Harper seconded a motion to adjourn to Closed Session to discuss one case under Item 4.A. on the agenda. The motion carried by unanimous voice vote. The time was 6:41 p.m. Present in closed session were Mayor Hunter, Councilmember Mikos, Councilmember Harper, Councilmember Millhouse, and Councilmember Wozniak; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; Wayne Loftus, Director of Community Development; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. At 7:10 p.m., the City Council reconvened into open session for a continued discussion of Item 4.A. Mr. Loftus gave the staff report. Mayor Hunter opened the public hearing. Terry Holte, 18500 Von Karman Avenue, Suite 870, Irvine, spoke on behalf of the Consultant Group for Cingular Wireless. Mr. Holte stated that Cingular Wireless has an application pending with the City, has received approval from Caltrans, and has received an encroachment permit. He stated that there are five existing wireless sites already in Moorpark and that wireless sites bring a value to the City due to the benefits of cellular telephones. He requested the opportunity to work with the City on a mutually beneficial ordinance. Hugh Finlay, a Moorpark resident, stated that he is a professional microwave engineer and represents some of the homeowners in the Peach Hill area. He spoke in opposition to the Peach Hill site. He stated he has previously raised concerns about the cellular sites. He stated in order to make proper decisions that new communication standards should be individually reviewed and a technical review of the data completed and made available to the public. He stated other major concerns are property values, aesthetics, noise from equipment, and safety aspects. He stated there are competitive systems available that are non - microwave and which do not present the same safety and health issues. He suggested that an independent group without financial interest in a project should evaluate all systems. Edward Geivet, a Moorpark resident, stated he resides east of the Peach Hill reservoir. He spoke in opposition to additional cell towers in the area. He is concerned Minutes of the City Council Moorpark, California Page 3 August 29, 2001 about property values and the issue of aesthetics with water tower and high- tension power lines and is opposed to more equipment in the area. Robert Demyan, a Moorpark resident, stated that he resides near the Peach Hill reservoir property and spoke in opposition to the cell site. He stated the cell site area and the access to the area is frequently used by the local youth. He stated he has had numerous conversations with his neighbors and has done some research about this type of project. He also stated the applicant does deserve an equitable solution to the requested application. Gregory W. Sanders, 18101 Von Karman Avenue, Suite 1800, Irvine, an attorney representing Sprint PCS, stated that his client believes a moratorium is unlawful. He stated that Sprint PCS strives to be a good corporate citizen and neighbor. He stated Sprint PCS has used as much technology as possible to make its cellular sites as aesthetically pleasing as possible. He discussed the California Appellate Court decision that provides that even during the pendency of a moratorium, the City must still process filed applications. He asked, on behalf of his client, that the City abide by the law and continue to process the Sprint PCS applications. He stated his client's willingness to work with City staff and provide Sprint PCS's expertise on cellular sites. Teresa Zuniga, 2927 De La Vina Street, Santa Barbara, an agent for AT &T Wireless Services, stated on behalf of her client that the moratorium is not warranted. She stated that the attorney for AT &T Wireless has requested that the City allow the processing of AT &T's current application. She stated AT &T is willing to work with the City to help educate staff and the public on wireless communication. She stated AT &T is unsure of what direction it will take with regard to litigation if the City does not continue to process their application, since it was already in process prior to the moratorium. In response to Councilmember Millhouse, Ms. Zuniga replied that AT &T has a problem with waiting another 135 days, because their application was complete prior to the moratorium, and the application should not be delayed by the moratorium. In response to Councilmember Millhouse, Ms. Zuniga replied that she is authorized to speak about the moratorium specifically, to streamline the application Minutes of the City Council Moorpark, California Page 4 August 29, 2001 process, and to request continuous processing of the application. She stated she was not in a position to address the issue of how giving the City time to develop standards and criteria for the placement and appearance of wireless telecommunications facilities would impact AT &T. She referred to the letter from AT &T's attorneys addressing the legal ramifications of not processing their application in a timely manner. Gerald Goldstein, a Moorpark resident aesthetics for cellular towers. He possibility of undergrounding cell discussed the power line interference Avenue and how it affects reception of radio transmissions. discussed the discussed the sites, and he on Los Angeles cell phones and Ms. Traffenstedt announced two written statement cards were received from Moorpark residents who are in support of the extension of the moratorium ordinance. The names of those submitting written statement cards are as follows: Palma and Jim Friery Helen and Paul Stone In response to Councilmember Millhouse, Mr. Loftus replied that he does not have any data on what the useful life of a cellular antenna is once it is installed at a site. In response to Councilmember Millhouse, Mr. Sanders, attorney for Sprint PCS, replied that most of the leases on private property run between 20 and 30 years. He stated he would suspect that antennae in some form would last about that period of time. Mayor Hunter closed the public hearing. Mr. Montes read the title of Ordinance No. 273. MOTION: Councilmember Harper moved and Councilmember Mikos seconded a motion to introduce Ordinance No. 273 and waive full reading. The motion carried by unanimous voice vote. MOTION: Councilmember Harper moved and Councilmember Wozniak seconded a motion to adopt Ordinance No. 273. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 5 August 29, 2001 5. CLOSED SESSION: Mr. Kueny announced that the City Council would go into closed session for discussion of both properties listed under Item S.D. on the agenda. MOTION: Councilmember Mikos moved and Councilmember Harper seconded a motion to adjourn to closed session for a discussion of both properties under Item 5.D. on the agenda. The motion carried by unanimous voice vote. The time was 7:41 p.m. D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 30 Flory Avenue City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Moorpark Unified School District Under Negotiation: Price and terms of lease Property: APN 512 -0- 062 -020 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and The County of Ventura Under Negotiation: Price and terms of payment AT THIS POINT in the meeting, the Council took a recess. The Council reconvened into closed session at 7:50 p.m. Present in closed session were Mayor Hunter, Councilmember Mikos, Councilmember Harper, Councilmember Millhouse, and Councilmember Wozniak; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Joseph Montes, City Attorney; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Council reconvened into open session at 8:02 p.m. Mr. Kueny announced that both properties listed under Item 4.D. were discussed and that there was no action to report.