South Lake Tahoe City Council denies appeal of planned Verizon cell tower

SOUTH LAKE TAHOE, Calif. - A overflowing crowd was at Tuesday's City Council meeting to take part in what has become a hot topic in the South Lake Tahoe community - cell towers.

Before the Council was an appeal to the Planning Commission's June 13, 2019 approval of a Special Use permit for a Verizon Wireless Monopine planned for installation at 1360 Ski Run Boulevard on the site of Hansen's sledding hil

Owner of the neighboring property, Monica Eisenstecken, filed an appeal on June 27, stating the residential neighborhood is family-oriented and the approved tower aesthetically did not fit the area. She asked in her appeal that Verizon relocate the tower to a different area.

Because of the number of people in attendance, Mayor Jason Collin said all speakers were limited to two minutes instead of three, an unpopular decision among those wanting to speak against the Planning Commission's 2019 decision. He also asked all in the audience to be respectful, not be disruptive and not applaud or cheer for a speaker. Collin said the Council wanted everyone who wanted to speak to do so, and not worry about retribution among those present.

Because of this, audience members waved their hands instead of applause, and fingers up or down to show approval or disapproval, for the most part but several times vocal reactions were given.

Eisenstecken was represented by Paul McGavin, a vocal opponent to cell towers in neighborhoods and communities around the state. He brought large signs, a green one that said "true" and a red one that said "false." He or another man held up the signs throughout the 4+ hour hearing, whether what was being spoken by the public or Council was true or false according to him.

Verizon's attorney Paul Albritton said McGavin is an "organized opposition that follows them around." He explained to Council they looked at several other locations but those did not fit the needs of a tower at the elevation of the one on Ski Run Blvd./Needle Peak Road and didn't allow Verizon to fill the gap.

Dozens of people spoke in support of Eisenstecken. The passionate dialog expressed concern on the negative health consequences, aesthetics of the over 100-foot tower, and possible hits to property values.

The public agrees, for the most part, there are cell phone limitations in the Lake Tahoe Basin. They disagree on how improvement comes about.

People spoke of the need for improved cell service for work, safety needs and personal use. On the other side, people spoke of radiation, loss of property values, health concerns.

The Council was limited in their abilities during the appeal in their quasi-judicial role. They needed to receive evidence and not just passionate pleas. They were to deliberate on the evidence and testimony presented, and votes on whether to grant the appeal, provided they have all the necessary information. The Council couldn't vote based on implied comments, generalized statements and only proven facts. If the Council voted to push out their decision it would have required concurrence from Verizon because the shot clock tolling agreement expires on January 20, 2020.

Several other locations were suggested for the tower placement, but all in the same general area - Temple Bat Yam and Fire Station #1. Moving would satisfy those against the planned location but not those against cell towers in general. Verizon said those two suggested sites were too low in elevation to fit their need to fill in the gaps in service for the area.

The Council voted 3-2 to deny the appeal with Councilmembers Brooke Laine and Cody Bass opposing. All said this decision was a difficult one and they look forward to a new ordinance that would take care of community concerns.

The project plan is still incomplete and the Tahoe Regional Planning Agency will evaluate it now that they have the City's approval.

Approval of wireless facilities is governed by the Federal Telecommunications Act of 1996, which reduces impediments that could be imposed by local governments for the installation of wireless communication
facilities. There currently is no ordinance governing these facilities in South Lake Tahoe but the City is working on one with input from the public. There is a joint City Council-Planning Commission meeting on Thursday evening at Tahoe Beach Retreat at 6:00 p.m. to discuss this ordinance and the public is invited to participate.

Eisenstecken, who spent her summer, fall and now winter fighting the cell tower, said their fight will continue.