Wireless Subcommittee Meeting

DRAFT M I N U T E S WIRELESS SUBCOMMITTEE Thursday, August 23, 2018 2:00 p.m. – 5:00 p.m. COUNCIL CHAMBERS FEW MEMORIAL HALL OF RECORDS 580 PACIFIC STREET MONTEREY, CALIFORNIA Members Present: Dawson, Nine, Breedlove, Brassfield, Hansen, Olsen, Peterson Members Absent: None Staff Members Present: Cole, Caraker, Davi, Leinen, Klein CALL TO ORDER Elizabeth Caraker called the meeting to order at 2:00 p.m. ROLL CALL All subcommittee members were present, identified themselves and gave brief introductions. City staff gave brief introductions. Consultant Joseph Van Eaton of Best Best & Kreiger was present and gave a brief introduction. PUBLIC COMMENTS Hans Jannasch, Monterey Vista Neighborhood Association (MVNA) President, gave an overview of how the Wireless Subcommittee came about and asked the Subcommittee to create the strongest Wireless Ordinance possible. Jean Rasch, MVNA Board member, spoke about the direction given to the Subcommittee by the Mayor and City Council. Nina Beety identified herself as a wireless radiation risks educator, gave a history of ExteNet applications in the City, and asked that the Subcommittee use the draft ordinance of the Monterey Vista Neighborhood residents to create the strongest ordinance possible. Sandra Collingwood said she would like the subcommittee to re-write wireless ordinance with the strongest possible language. Steven Lucas showed a website he created called Microwaved Injured Veterans Network and requested that the City make it absolutely impossible to install wireless systems within its limits. Rudy Fischer, Pacific Grove City Councilmember, said he is present to observe the Subcommittee's process so he can formulate a recommendation for City of Pacific Grove’s City Council and that hopes to develop a regional policy or one similar to the City of Monterey. Paula White asked staff to support the Monterey Vista Neighborhood draft ordinance and urged the Planning Commission and City Council to consider stronger regulations. Jeanie Ferrara, MVNA, urged the Subcommittee to consider the draft ordinance created by the residents in its entirety.  Wireless Subcommittee Minutes Thursday, August 23, 2018 PUBLIC APPEARANCE 1. Oath of Office Acting City Clerk Klein administered the California Oath of Office to Subcommittee Members Brassfield, Dawson, Breedlove, Hansen, Nine, Olsen, Peterson. Ms. Caraker reminded the Subcommittee members of the Form 700 requirement. 2. Receive Training on Brown Act, Conflicts of Interest, and Public Records Act City Attorney Davi administered training on Brown Act, Fair Political Practice Act, and Public Records Act to Subcommittee Members Brassfield, Dawson, Breedlove, Hansen, Nine, Olsen, Peterson. Ms. Davi informed the Subcommittee of the City Attorney Office’s open office hours on Wednesdays from 8:00 a.m. to 11:00 a.m. Staff opened public comment and seeing none closed public comment. 3. Appoint Chair Subcommittee Member Nine and Subcommittee Member Dawson were nominated for the position of Chair. By a vote of 4-3 Subcommittee Member Dawson was appointed as Chair. Subcommittee Member Dawson appointed Subcommittee Member Nine as Vice Chair. 4. Discuss the Draft Ordinance Amendment and Develop Recommendations for Planning Commission Mr. Van Eaton gave an overview of his recommendation and reasoning behind it. He said the first action should be to cure defects in the current Wireless Ordinance and the subsequent action should be to create a shortened ordinance with lengthened regulations that give the City more control. Mr. Van Eaton answered questions of the Subcommittee Members. The Subcommittee discussed Mr. Van Eaton’s recommendations, difficulties and concerns faced by the residents with the ExteNet Applications, samples ordinances from other communities, the City’s ability under FCC rules to address health effects, the sail factor on utility poles, the possibility of area-specific design standards, hazard zones within the City, public notice requirements, “shot clock” requirements, application fees, prohibition of wireless facilities in certain areas, and the risks of litigation. Ms. Davi said she will look into the issue of small cell sites versus cell towers in relation to disclosure requirements and the California Association of Realtors. The Subcommittee called for a brief recess at 3:54 p.m. The Subcommittee reconvened at 4:03 pm. Mr. Van Eaton discussed each page of the proposed Ordinance and answered questions of the Subcommittee. Ms. Davi and Ms. Cole provided additional information. Mr. Van Eaton suggested that provisions be included requiring wireless applicants to provide models, requiring relocation or removal in certain instances as a condition of permits issued, and that the contact information for wireless facilities be kept on file by the Planning Department. Under public comment, Nina Beety expressed opposition to the sample ordinances from other communities that were provided, use of an out of state attorney, wireless facilities incommoding her use of public access, and notification methods. 2  Wireless Subcommittee Minutes Thursday, August 23, 2018 5. Receive Consultant Presentation on Approaches to Further Regulating Personal Wireless Facilities, Hold a Discussion, and Provide Direction to Consultant No discussion occurred. 6. Discuss Meeting Schedule The Subcommittee discussed a schedule of upcoming meetings and the anticipated duration of the subcommittee. Mr. Van Eaton gave his input on urgency of the Subcommittee’s work. Subcommittee Member Brassfield made a motion to adopt a two prong approach wherein the Subcommittee first addresses the draft ordinances proposed by the citizens and Mr. Van Eaton be allowed to reply to new laws and applications that would catch us surprised today and subsequently address creating a shortened Wireless Ordinance with lengthened regulations. Subcommittee Member Dawson seconded the motion. On a motion by Subcommittee Member Brassfield, seconded by Subcommittee Member Dawson and carried by the following vote, the Wireless Subcommittee adopted a two prong approach wherein the Subcommittee first addresses the draft ordinances proposed by the citizens and Mr. Van Eaton be allowed to reply to new laws and applications that would catch us surprised today and subsequently address creating a shortened Wireless Ordinance with lengthened regulations: AYES: 7 SUBCOMMITTEE Dawson, Nine, Breedlove, Brassfield, Hansen, MEMBERS: Olsen, Peterson NOES: 0 SUBCOMMITTEE None MEMBERS: ABSENT: 0 SUBCOMMITTEE None MEMBERS: ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS: City staff, the Subcommittee, and Mr. Van Eaton discussed possible dates for upcoming meetings. The agenda was discussed and it was determined that a standing agenda would be suitable due to the broad nature of the agenda items. The subcommittee discussed ideas brought forward at a prior Planning Commission meeting. ADJOURNMENT There being no further business the meeting adjourned at 6:05 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Wireless Subcommittee 3 Wireless Subcommittee Minutes Thursday, August 23, 2018 4