INDEX
TORRANCE CITY COUNCIL -SEPTEMBER 26, 2023
SUBJECT PAGE
OPENING CEREMONIES
1. Call to Order/Roll Call 1
2. Flag Salute/Invocation 1
3. Affidavit of Posting/Waive Further Reading 1
4. Withdrawn, Deferred or Supplemental Items 1
5. Council Committee Meetings and Announcements 2
6. COMMUNITY MATTERS
6A. Proclamation on Honoring Torrance Centenarian Keiko Dorothy Hasegawa 2
7. ORAL COMMUNICATIONS 2
8. CONSENT CALENDAR
8A. Approve City Council Minutes 2
8B. Accept and File the 2022-23 Civil Service Commission Annual Report 2 8C. Receive Update on Torrance Public Library Summer Reading Program 3 8D. Accept and File Status Report on Coyote Management Plan and Approve Second Amendment to Contract Services Agreement for Citywide Coyote Trapping Services 3
8E. Approve Fiscal Year 2023-24 Selective Traffic Enforcement Program (STEP) Grant Agreement, Appropriate Funds, and Authorize City Manager as Signatory 3
8F. Approve Fiscal Year 2022-23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Application 3
8G . Appropriate Funds and Authorize Change Order #1 to Purchase Order for Police Vehicle Outfitting 3
8H. Award Contract Services Agreement for Supplemental Crossing Guard Services 3
9. ADMINISTRATIVE MATTERS
9A. Appropriate Funds and Authorize Purchase Order for Three (3) Replacement Fire Engines as a Cooperative Purchase with Sourcewell 4 9B. Accept and File June 13, 2023 Meeting Minutes and Concur with the Strategic Plan Implementation Program 4
9C. Adopt ORDINANCE Amending Torrance Municipal Code Pertaining to Purchases and City Manager's Authority, Adopt RESOLUTION Amending City Policy Number 3, and Accept and File Report on Anticipated Procurements 5
10. HEARINGS
1 0A. Consider Appeal of Planning Commission Approval of a Wireless Telecommunication Facility Permit to Allow the Installation of a Replacement Wireless Telecommunication Facility Designed as a False Tree and the Installation of Related Equipment on Property Located in the C-2 Zone at 2124 Redondo Beach Boulevard, and Adopt RESOLUTION Denying Appeal. The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15302 - Replacement or Reconstruction. WTC22-00008: CCTMO, LLC OBA Crown Castle (Cheryl Jow) 6-12
11. AGENCY AGENDAS 12
12. SECOND READING ORDINANCES
13. COUNCIL ORAL COMMUNICATIONS 121
Aleksander Alderete
Minutes Secretary
City Council
September 26, 2023
14. 15.
CLOSED SESSION
ADJOURNMENT
1, 12
12 At 11 :39 p.m., the City Council adjourned to Tuesday, October 17, 2023, at 5:00 p.m. for closed session, with regular business commencing at 6:30 p.m. in the Council Chamber. Tuesdays, October 3, 2023 and October 10, 2023, are Council Dark Nights.
Aleksander Alderete
Minutes Secretary
City Council
September 26, 2023
September 26, 2023
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE TORRANCE CITY COUNCIL
1. CALL TO ORDER
The Torrance City Council convened in an adjourned regular meeting on September 26, 2023 at 5:00 p.m. in the LeRoy J. Jackson Council Chamber.
ROLL CALL
Present:
Absent:
Councilmembers Griffiths, Kaji, Kalani, Lewis, Sheikh, and Mayor Chen Councilmember Mattucci
Present: City Manager Chaparyan, City Attorney Sullivan, City Clerk Rebecca Poirier and other staff representatives Agenda item 14 was considered out of order at this time.
14. CLOSED SESSION
The City Council immediately recessed to closed session to confer with the City Manager and the City Attorney on agenda matters listed under 14A) CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION, 148) CONFERENCE WITH LABOR NEGOTIATOR, and 14C) REAL PROPERTY -CONFERENCE WITH REAL PROPERTY NEGOTIATOR -Litigation pursuant to California Government Code §54956.9(d)(1 ), California Government Code §54957.6, and California Government Code §54956.8.
The City Council reconvened in public session at 6:30 p.m. No formal action was taken on any item considered in closed session.
2. FLAG SALUTE/ INVOCATION
The flag salute was led by Councilmember Kaji.
The non-sectarian invocation was given by Councilmember Kalani.
3. REPORT OF CITY CLERK ON POSTING OF THE AGENDA/ MOTION TO
WAIVE FURTHER READING
City Clerk Rebecca Poirier reported that the agenda was posted on the Public Notice Board at 3031 Torrance Boulevard and on the City's website on Monday, September 18, 2023.
MOTION: Councilmember Lewis moved that after the City Clerk has read aloud the number and title of any resolution or ordinance on the meeting agenda, the further reading thereof shall be waived, reserving and guaranteeing to each Councilmember the right to demand the reading of any such resolution or ordinance in regular order. The motion was seconded by Councilmember Sheikh and passed by 6-0 with Councilmember Mattucci absent.
4. WITHDRAWN, DEFERRED OR SUPPLEMENTAL ITEMS
Supplemental material was available for items 8D, 1 0A and Oral Communications.
Aleksander Alderete
Minutes Secretary 1
City Council
September 26, 2023
5. COUNCIL COMMITTEE MEETINGS AND ANNOUNCEMENTS
Mayor Chen requested to adjourn the meeting in honor of Barbara Cass.
Councilmember Kalani alerted the public about National Arts and Humanities Month .
Councilmember Lewis discussed National Rideshare Month.
Councilmember Sheikh discussed Fire Prevention Week.
Mayor Chen and Torrance Refining Company Representative Barbara Graham discussed some of the training and events for National Preparedness Month and about Torrance Refining Company donation and their work with the city. Torrance Refining Company Assistant Fire Chief Darren Clarke spoke about the company's support for the program.
Councilmember Kaji reported on the international business and economic relationships, such as the meeting with Honda's executive team.
City Clerk Poirier alerted the public about the next general municipal ele.ction on March 5, 2024. Those in districts 2, 4, and 6 would be eligible to vote for the Councilmembers in their district.
Deputy Fire Chief Alec Miller reminded the public about the Torrance Refining Company community alert test on October 4, 2023 at around 11 :30 a.m.
Councilmember Griffiths reported about the Cal Cities expo on September 20-22. He added that it had general sessions, networking, and other events.
Mayor Chen received concurrence to have staff explore a two-day Irish fair and music festival for July 20-21, 2024.
6. COMMUNITY MATTERS
6A. PROCLAMATION -HONORING TORRANCE CENTENARIAN KEIKO DOROTHY
HASEGAWA
7. ORAL COMMUNICATIONS
Members of the public spoke.
8. CONSENT CALENDAR
8A. APPROVE CITY COUNCIL MINUTES
Recommendation of the City Clerk that City Council approve the City Council minutes of August 22, 2023.
88. ACCEPT AND FILE THE 2022-23 CIVIL SERVICE COMMISSION ANNUAL REPORT Recommendation of the Civil Service Commission and Civil Service Manager that City Council accept and file the 2022-23 Civil Service Commission annual report.
Aleksander Alderete
Minutes Secretary 2
City Council
September 26, 2023
SC. RECEIVE UPDATE ON TORRANCE PUBLIC LIBRARY SUMMER READING
PROGRAM
Recommendation of the Community Services Director that City Council receive an update on the Torrance Public Library Summer Reading Program.
SD. ACCEPT AND FILE STATUS REPORT ON COYOTE MANAGEMENT PLAN AND
APPROVE SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR
CITYWIDE COYOTE TRAPPING SERVICES
Recommendation of the Community Services Director that City Council:
1) Accept and file a status report on the City's Coyote Management Plan; and 2) Approve a second amendment to the contract services agreement with Coyote, Wildlife and Pest Solutions, Inc. of Anaheim, CA (C2022-069) in the amount of $79,200, for a new not-to-exceed contract amount of $213,600, to provide citywide coyote trapping services and to extend the term for a one-year period beginning October 8, 2023 and ending October 7, 2024.
SE. APPROVE FISCAL YEAR 2023-24 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AGREEMENT, APPROPRIATE FUNDS, AND AUTHORIZE CITY
MANAGER AS SIGNATORY
Recommendation of the Chief of Police that City Council:
1) Approve the Fiscal Year 2023-24 Selective Traffic Enforcement Program {STEP) grant agreement; and
2) Appropriate funds to a newly created Grant Project in the amount of $150,000; and 3) Authorize the City Manager as the City's signatory for the agreement.
SF. APPROVE FISCAL YEAR 2022-23 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM APPLICATION
Recommendation of the Chief of Police that City Council approve the Fiscal Year 2022-23 Edward Byrne Memorial Justice Assistance Grant (JAG) program application.
SG. APPROPRIATE FUNDS AND AUTHORIZE CHANGE ORDER #1 TO PURCHASE
ORDER FOR POLICE VEHICLE OUTFITTING
Recommendation of the Chief of Police that City Council:
1) Appropriate $7,083 from Asset Forfeiture Fund to Facility, Equipment; and Automation Plan (FEAP} 1132 -Police Vehicle Outfitting Project; and 2) Authorize change order #1 to the purchase order with Dana Safety Supply of Canoga Park, CA (PO #2023-00000049) in the amount of $7,083, for a new not-to-exceed amount of $283,027.61, to provide police vehicle outfitting.
SH. AWARD CONTRACT SERVICES AGREEMENT FOR SUPPLEMENTAL CROSSING
GUARD SERVICES
Recommendation of the Chief of Police that City Council award a contract services agreement to All City Management Services Inc. of Santa Fe Springs, CA (RFP B2023-30) in the amount of $982,296 for supplemental crossing guard services from September 18, 2023 to June 30, 2026.
MOTION: Councilmember Kalani moved to approve the Consent Calendar in its entirety.
Councilmember Sheikh seconded the motion . The motion carried by a vote of 6-0 with Councilmember Mattucci absent.
Aleksander Alderete
Minutes Secretary 3
City Council
September 26, 2023
9. ADMINISTRATIVE MATTERS
9A. APPROPRIATE FUNDS AND AUTHORIZE PURCHASE ORDER FOR THREE (3)
REPLACEMENT FIRE ENGINES AS A COOPERATIVE PURCHASE WITH
SOURCEWELL
Recommendation of the Fire Chief and General Services Director that City Council:
1) Appropriate $3,133,134 from the Fleet Vehicle Replacement Fund's fund balance to the Fleet Vehicle Replacement Fund's fiscal year 2023-24 operating budget; and 2) Authorize a purchase order with South Coast Fire Equipment Inc. of Ontario, CA in the amount of $3, 133, 134 for the purchase of three (3) Pierce 1500 GPM Triple Combination Pumper fire engines as a cooperative purchase with Sourcewell.
Assistant Fire Chief Brian Hudson introduced the item to the City Council.
Councilmember Sheikh and Assistant Fire Chief Hudson discussed the warranty and what was done with the existing units that were in the fleet, which tends to be decommissioned and donated. He added that at about 20 years of age the pumps should be disabled.
Members of the public spoke.
MOTION: Councilmember Kalani moved to approve item 9A. Councilmember Lewis seconded the motion. The motion carried by a vote of 6-0 with Councilmember Mattucci absent.
98. ACCEPT AND FILE JUNE 13, 2023 MEETING MINUTES AND CONCUR WITH THE
STRATEGIC PLAN IMPLEMENTATION PROGRAM
Recommendation of the Council Strategic Plan Committee that City Council:
1) Accept and file June 13, 2023 Council Strategic Plan Committee meeting minutes; and 2) Concur with the Council Strategic Plan Committee Strategic Plan Implementation Program.
Assistant City Manager Danny Santana introduced the item to the City Council. He used slides to overview the strategic plan background, strategic implementation, council strategic plan committee recommendation, and next steps.
Councilmember Kaji and Assistant City Manager Santana discussed the next steps for areas under development.
Councilmember Sheikh and Assistant City Manager Santana examined the community outreach that was done.
Members of the public spoke .
MOTION: Councilmember Griffiths moved to approve item 9B. Councilmember Sheikh seconded the motion. The motion carried by a vote of 6-0 with Councilmember Mattucci absent.
Aleksander Alderete
Minutes Secretary 4
City Council
September 26, 2023
9C. ADOPT ORDINANCE AMENDING TORRANCE MUNICIPAL CODE PERTAINING TO
PURCHASES AND CITY MANAGER'S AUTHORITY, ADOPT RESOLUTION AMENDING CITY POLICY NUMBER 3, AND ACCEPT AND FILE REPORT . ON
ANTICIPATED PROCUREMENTS
Recommendation of the City Manager and Finance Director that City Council:
1) Adopt an ORDINANCE amending Torrance Municipal Code Chapter 2 of Division 2 pertaining to Purchases of Personal Property and Services, and Section 12.1.8 of Chapter 2, Division 1 pertaining to City Manager's Authority to Appropriate Monies within Limits; and
2) Adopt a RESOLUTION amending City Policy Number 3 to increase the City Manager's appropriation and purchasing authority from $100,000 to $250,000 per year; and ·. 3) Accept and file report on anticipated capital improvement plan projects with procurements between $100,000 and $250,000 for fiscal year 2023-24; and 40 Approve an Ordinance Summary for publication.
Finance Department Joe Pham introduced the item to the City Council.
Councilmember Griffiths stressed that it was important for the city to be transparent and to report what the City Manager is approving without Council authority and noted that speeding up government was important as well.
Councilmember Sheikh and Councilmember Kaji concurred with Councilmember Griffiths.
Councilmember Kaji inquired about how the public would see the new efficiencies. City Manager Chaparyan stated that staff is creating new avenues for the public to see what all the projects area and how they are doing.
Mayor Chen stated that high-dollar items will still come to the City Council first.
No members of the public spoke.
City Clerk Poirier read the number and title for Ordinance No. 3923 AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF TORRANCE AMENDING TORRANCE MUNICIPAL CODE SECTION 12.1 .8 ENTITLED "CITY MANAGER'S AUTHORITY TO APPROPRIATE AND EXPEND FUNDS" AND AMENDING CHAPTER 2 OF DIVISION 2 ENTITLED "PURCHASING SYSTEM".
City Clerk Poirier read the number and title for Resolution No. 2023-90 A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF TORRANCE, CALIFORNIA AMENDING CITY POLICY NUMBER 3 AS SET FORTH IN TORRANCE MUNICIPAL CODE SECTIONS 12.1.8,
12.4.2, 12.4.5, 22.2.010 AND 22.2.020, 22.3.070, 22.3.080 AND 22.3.110.
MOTION: Councilmember Lewis moved to adopt Resolution No. 2023-90 and Ordinance No. 3923 and approve the ordinance summary for publication. Councilmember Sheikh seconded the motion. The motion carried by a vote of 6-0 with Councilmember Mattucci absent.
Aleksander Alderete
Minutes Secretary 5
City Council
September 26, 2023
10. HEARINGS
1 0A. CONSIDER APPEAL OF PLANNING COMMISSION APPROVAL OF A WIRELESS
TELECOMMUNICATION FACILITY PERMIT TO ALLOW THE INSTALLATION OF A
REPLACEMENT WIRELESS TELECOMMUNICATION FACILITY DESIGNED AS A
FALSE TREE AND THE INSTALLATION OF RELATED EQUIPMENT ON PROPERTY LOCATED IN THE C-2 ZONE AT 2124 REDONDO BEACH BOULEVARD, AND ADOPT RESOLUTION DENYING APPEAL. THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA GUIDELINES SECTION 15302 -REPLACEMENT OR RECONSTRUCTION. WTC22- 00008: CCTMO, LLC OBA CROWN CASTLE (CHERYL JOW)
Recommendation of the Planning Commission and Community Development Director that City Council:
1) Deny the appeal; and
2) Adopt a RESOLUTION denying the appeal and upholding the Planning Commission's approval of a wireless telecommunication facility permit to allow the installation of a replacement wireless telecommunication facility designed as a false tree and the installation of related equipment on property located in the C-2 Zone at 2124 Redondo Beach Boulevard.
Councilmember Lewis and Councilmember Kalani disclosed that they met with the appellant and members of the Torrance Action Coalition at the site of the proposed cell tower.
Councilmember Lewis reported that one of the members stated that they had consulted with an attorney, and that the members indicated that attorney was providing the Coalition with legal services. She and Councilmember Kalani stopped the meeting and proceeded to give city legal contact information and consulted with City Attorney Sullivan about the event. Councilmember Lewis stated that her decision would be based on evidence presented during the hearing.
Councilmember Kalani disclosed the information that confirmed what Councilmember Lewis said on the Coalition meeting. She stated that her decision would be based on the evidence presented during the hearing.
Councilmember Sheikh disclosed that he visited the property and met with the Torrance Action Coalition. He stated that his decision would be based on evidence presented during the hearing.
Councilmember Griffiths disclosed that he visited the site but did not speak with anyone .
He stated that he would make his decision based on evidence presented during the hearing.
Councilmember Kaji disclosed that he has visited the site multiple times, including the proposed site and some adjacent properties. He continued that he had a teleconference with Crown Castle and communications with individuals in the surrounding areas. He stated that his decision would be based on evidence presented during the hearing.
Mayor Chen disclosed that he hosted a meeting at City Hall about the topic and went by the site to take a look. He stated that his decision would be based on evidence presented during the hearing.
Aleksander Alderete
Minutes Secretary 6
City Council
September 26, 2023
Planning and Environmental Manager Oscar Martinez began the presentation, and introduced Dr. Jonathan Kramer, who is the city's trusted wireless and broadband advisor and is a license attorney. He does not work for the wireless industry. He used slides to overview the location and zoning, site plan, elevation and visual simulations, site photos and the staff recommendation.
A representative for the appellant, named Lena Gomes, introduced herself to the City Council. She stated that the community does not want this project and that the applicant had not submitted a complete application for a new permit. She recounted the history of what the applicant had done and the negative actions they took. She listed the code as being violated. She overviewed the various problems that the cell tower has and that it would require a new permit process. She continued that industrial sites should be utilized. She reviewed the code that the applicant is violating. She added that she sent the City Council video of the cell tower when it burned down, and that the remediation process did not go well.
The proponent, Mr. Shanafelt, introduced himself to the City Council. He stated that this project has been heavily vetted and that no shortcuts have been made by Crown Castle. He continued that this is a new permit. He stated that there would be no telephone/data service without this location, and that a temporary solution has been made until the permit is approved.
He addressed the proximity and stated that it could be moved to the front of the commercial structures. He stated that the location cannot be moved without diminishing the coverage. He continued that the location was also important for 911 services. He commented that this was important infrastructure for the city, especially considering the decrease in landline usage. He stated that the community is using the advantages of the tower. He addressed the radio frequency health effects, and had a doctor report on the effects.
Commissioner Sheikh inquired about the fire. Mr. Shanafelt responded that they do not know how specifically but that it was not due to faulty maintenance. They discussed the value of this site, regarding high amounts of calls and data. He continued that moving the site would reduce effectiveness of the site. He stated that they have information about where the other towers are, and what the signals are. They discussed the amount of community outreach, handling it through the public hearing process.
Councilmember Lewis inquired about relocation of signs that would be covered by the tower. Mr. Shanafelt responded that the site has been approved by the landlord and that it would be an issue of the lease provisions. Councilmember Lewis questioned if discussions between Crown Castle and the owner of the property regarding the signage, to which Mr. Shanafelt responded that he was not aware of those discussions.
Members of the public were allowed to speak at this time.
Sandy Ragon stated that that it was not a real commercial area due to the small number of stores and continued that the tree would take up more parking spots. She added that she was concerned about the children that frequent the area. She stated that she has never had a problem with 911 services.
Randolph Tindal stated that this was going to affect his views. He added that homeless people may be tempted to go under it and requested that this site be denied.
Aleksander Alderete
Minutes Secretary 7
City Council
September 26, 2023
Wilton Soohoo stated that none of the community wants this site, because of the health and safety reasons, and financial reasons. He detailed that this would reduce their home values.
He stated that Crown Castle did not make a good effort to look at other commercial sites.
Julie S. stated that the tree does not meet the design and aesthetic of Article 39.
Eleanor Edmundson stated that the tower would emit dangerous radio frequencies and that it would decrease their property values.
Jerry Stuler detailed that there were towers that were close together. He stated that there were fewer than 2,600 people on the map, and so based on the T-Mobile coverage he doubted why the existing could not cover the same number of homes.
Karen Stuler admitted that the cell tower was important but stated that there were no cell phone problems after the tower burned down and before the temporary went up. She continued that Crown Castle was lying about the reality of the situation. She added that there was a homeless person by where the electrical parts were going to be and that it would cause a problem.
Dr. Ben Yousefi stated that the covenant of the lease explains that the applicant should make sure that the application complies with the covenant condition restriction on the underlying property. He stated that legal notices have been made with the issues with the blocking of the signs.
A member of the public stated that this device would not be good for the community and for property values, and requested that the tower be denied.
Grace Maeda voiced concern about the radiation from the cell towers, and that there were many children that would be affected. She added that a natural disaster could cause the tower to fall on people and property, and that the tower was not aesthetically congruent with the community. She argued that it should be placed in industrial areas.
A member of the public stated the dangers of the tower to children and their families.
Marie stated that Crown Castle was negligent from the beginning. She elaborated that the report should be generated that shows what happened with the cell tower fire. She continued that Crown Castle should follow the ordinance and look at other sites.
Gary Walnut stated that Crown Castle has not tried to work with the public. He added that their word is no better than the community's, and that the property values are going down. He added that the homeless people by the tower have caused problems for his property.
Bertha voiced concern that her views would be harmed, and that the tower has not been proven to be safe.
The appellant Ms. Gomes stated that the proponent stating the 911 services being harmed without the tower was a fear tactic. She continued that fires on cell towers are not rare and can even collapse. She stated that the lease topic was not a private matter due to Section Code
92.39020(d). She stated that looking at 5 alternative sites needs to be different than the same parcel. She continued that different types of towers should be investigated to comply with code and the community. She stated that the applicant did not do proper outreach to the community.
Aleksander Alderete
Minutes Secretary 8
City Council
September 26, 2023
Councilmember Kalani inquired if the temporary tower is operational, to which Planning and Environmental Manager Martinez confirmed that it was and stated that Cheryl Dow Trust owns the property that the tower is on. She inquired if tower tree would take up parking spaces.
Planning and Environmental Manager Martinez responded that it would not take up any parking spaces and added that the design and location was a decision between the lesser and the leasing.
She questioned the proximity of the old and new towers. Planning and Environmental Manager Martinez responded that the previous damaged tower was closer to the residents whereas the new one is further away from the residents. They discussed the existing equipment, possible upgrades, and location.
Councilmember Kaji inquired about different types of towers. Planning and Environmental Manager Martinez answered that there are applications regarding similar towers in the city.
Technical Advisor Jonathan Kramer stated that as towers upgrade signal, they change frequencies and add equipment, so it constantly changes, and that there are applications to upgrade other towers similar to how the proponent is advocating. He continued that height can be dictated by various factors. Hillside sites tend to be lower but have multiple sites.
Councilmember Kaji inquired if the location could be anywhere approximate to the location. Mr.
Kramer explained that the ring is used to determine the most optimal location, and outside that would diminish the value . He added that the tower could be located at any of the three other corners to provide similar coverage.
Councilmember Sheikh and Mr. Kramer discussed the legal parameters of height, including the branches option. Mr. Kramer added that legal versus technical issues are involved with tower placement, amounts, etc. Councilmember Sheikh inquired about if another tower could be constructed. Planning and Environmental Manager Martinez responded that it would have to go through the proper process. Mr. Kramer added that the FCC does not regulate the number of towers at a location but focuses on safety. City Manager Chaparyan interjected that costs are a big part of why a tower or multiple towers may be built in a location. City Attorney Sullivan stated that it should not be contemplated on possibilities, only what is presented during the hearing.
Councilmember Sheikh inquired about how this tower fits the design of the neighborhood.
Community Development Director Michelle Ramirez recounted the history of how the tower came to be in this location.
Mayor Chen inquired about the safety issues regarding radiation . Mr. Kramer explained that these are not x-rays or gamma rays. They are more like radio-waves. He continued that the FCC standard is that the maximum the public can be exposed to without knowing they are being exposed, is only two percent of the level where one can actually measure a change from the radio-wave. He added that there was essentially a 50-time safety margin built in. He listed some of the other safety measures and reassured that the courts have investigated this and made their decisions. He added that there is no DNA breaking.
The City Council went to recess at 9:40 p.m. The City Council returned from recess at 9:56 p.m.
Mayor Chen and Mr. Kramer discussed the differences between each iteration of frequencies, and the level of power correlated to that.
Aleksander Alderete
Minutes Secretary 9
City Council
September 26, 2023
Councilmember Kalani and Community Development Director Ramirez discussed how long the original tower had been there. Councilmember Kalani inquired if a lower monopole would provide the same coverage. Mr. Shanafelt responded that lowering it would cause a diminished signal.
Councilmember Sheikh inquired if the applicant has done health risk assessments. Mr.
Shanafelt responded that they have done that and even brought and consulted with a UC Davis expert on the health risks. UC Davis Professor of Radiology and Radiation Oncology Gerald Bushberg elaborated that much research has been done on radio-waves and confirmed that maximum ground level exposure from the tower is more than 100 times lower than the limit for continuous public exposure. He displayed more information about the effects of radio-waves using slides.
Councilmember Sheikh and Dr. Bushberg discussed the science of radio-waves further.
Dr. Bushberg elaborated that much research has been done in this field.
Councilmember Sheikh inquired about fire concerns. Dr. Kramer responded that cell towers by themselves do not cause fire issues.
Councilmember Kaji and Mr. Shanafelt discussed how the proximity of the tower would affect passerby and residential users.
Councilmember Sheikh inquired about the dangers in the provided document to the appellant Alvin Takamori. Mr. Takamori explained that what was provided were peer reviewed studies that non-ionizing radiation can still have effects on biological entities. He added that the court decision stated that the FCC regulations are arbitrary.
Councilmember Sheikh and staff discussed the CEQA exemptions and analyses.
MOTION: Councilmember Kalani moved to close the public hearing. Councilmember Kaji seconded the motion. The motion carried by a vote of 6-0 with Councilmember Mattucci absent.
Councilmember Griffiths and City Attorney Sullivan discussed the legal situation on the claim that a fully new permit is needed. City Attorney Sullivan stated they disagreed with the claim and that they followed all the correct procedures.
Councilmember Kaji recounted his experience in real estate and explained the process of commercial transactions and other real estate activities. Councilmember Kaji commended the efforts of those trying to make compromise, He added that it did not appear to him that Crown Castle did not have proper vetting of the Target location for the cell tower. He stated that the local residents should have protection, but that Crown Castle could make contact with the City of Gardena on a location. He concluded that he would uphold the appeal.
The City Council debated the process of how to move forward with the decision and if there could be compromise, and the legal parameters.
MOTION: Councilmember Sheikh moved to uphold the appeal and deny the project.
Councilmember Kaji seconded the motion.
Aleksander Alderete
Minutes Secretary 10
City Council
September 26, 2023
MOTION: Councilmember Lewis made a substitute motion to reopen the public hearing to ask Crown Castle their intent. Councilmember Griffiths seconded the motion. The motion carried by a vote of 5-1 with Councilmember Kaji voting no and Councilmember Mattucci absent.
Councilmember Griffiths inquired if the appeal was upheld, would the existing temporary site need to be removed. Community Development Director Ramirez responded that the current site would be removed in working with the applicant.
Mr. Shonafelt voiced concern that the opponents do not want a facility at all. He stated that a continuance would be futile. He continued that it was concerning that the City Council was kicking the ball into another jurisdiction, and City Councils cannot move it in that way. He added that a different city would be pure speculation. He stated that moving this to Target would move the tower outside the search ring. He cited code regarding other jurisdictions and so a continuance would be infeasible, and that they would take a denial.
Councilmember Lewis clarified that the question was about if Gardena has been approached about any location within that radius of where that cell tower is now. Mr. Shonafelt responded that the lease, outreach, and CUP was in Torrance, and that Gardena has not been contacted about a tower. He continued that rebuilding was a goal, but that a radio frequency ring that needs to be serviced, and that they have a property right. He stated that Crown Castle made efforts to move the site to fix concerns, but that many complaints have been made that the site should not be there at all.
City Attorney Sullivan advised to go into closed session over significant exposure to litigation.
The City Council returned to closed session at 10:56 p.m. The City Council returned from closed session at 11:14 p.m.
Councilmember Lewis and Mr. Kramer discussed the potential of going into a litigation phase in the scenario of denying the appeal, and if that would change where the site was located.
MOTION: Councilmember Griffiths moved to close the public hearing. Councilmember Lewis seconded the motion. The motion carried by a vote of 6-0 with Councilmember Mattucci absent.
MOTION: Councilmember Kaji moved to uphold the appeal and deny the application. The motion failed due to a lack of a second.
City Attorney Sullivan explained that the reason for closed session was for significant exposure to litigation which is allowed under the Brown Act.
MOTION: Council member Lewis moved to deny the appeal and issue the permit for Crown Castle. Councilmember Kalani seconded the motion. The motion carried by a vote of 5-1, with Councilmember Kaji voting no and Councilmember Mattucci absent.
Councilmember Griffiths explained his vote that the cell tower was approved and in place for many years, and to deny the tower that was advantageous for the residents did not make sense.
Aleksander Alderete
Minutes Secretary 11
City Council
September 26, 2023