Wireless Subcommittee Meeting

MINUTES WIRELESS SUBCOMMITTEE Thursday, September 13, 2018 9:00 a.m. – 12:00 p.m. COUNCIL CHAMBERS FEW MEMORIAL HALL OF RECORDS 580 PACIFIC STREET MONTEREY, CALIFORNIA Members Present: Dawson, Nine, Breedlove, Hansen, Olsen, Peterson Members Absent: Brassfield Staff Members Present: Cole, Doherty Staff Members Absent Davi CALL TO ORDER Subcommittee Chair Dawson called the meeting to order at 9:04 a.m. PUBLIC COMMENTS Nina Beety expressed concern that the severability clause was not included in the Subcommittee proposed ordinance revision. She was concerned that the Subcommittee’s draft ordinance is not the work of the Subcommittee. She stated that meeting times are not accessible for public. She shared that the notice requirement is unchanged and does not include notice to all residents. Ms. Beety clarified that the FCC comment period ends September 17th, per FCC staff. She shared that cell facilities obstruct her access to many parts of city due to her disability. She requested that the Subcommittee add ADA protections for disabled persons. PUBLIC APPEARANCE 1. Recommend Planning Commission Adopt Amendments to Monterey City Code Chapter 38, Article 17, Section 38-112.4 Personal Wireless Service Facilities The Subcommittee reviewed the draft ordinance and discussed edits. Break from 10:30am – 10:37am The Subcommittee continued its review of the draft ordinance. Subcommittee Member Nine made a motion to add the purpose statement, severability clause, and appeals section to the list of immediate ordinance amendments to be reviewed by legal staff. Subcommittee Member Hansen seconded. Amendments included: A. Purpose. 1. This section is enacted to reasonably regulate, to the extent permitted under California and federal law, the placement, design, construction, operation, maintenance, modification, and removal of personal wireless service facilities within the City of Monterey. These regulations are  Wireless Subcommittee Minutes Thursday, September 13, 2018 designed to protect and promote public health, safety, community welfare, aesthetics, and the unique visual quality and historic setting of the city. These attributes benefit residents, attract visitors worldwide, support the local economy, and protect the City of Monterey against financial loss. 2. This section shall be read to be consistent with California or Federal law and regulations including the Americans with Disabilities Act. 5. Appeals. Any interested party may appeal an action of the approval authority in accordance with Chapter 38, Article 27. The scheduling of the preliminary Planning Commission decision must allow for public appeal to the City Council before expiration of any applicable shot clock deadline. (Note - Shorten appeal timeframe if possible) M. Severability. In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause or phrase in this section unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this section and shall not affect the validity of the remaining portions of this section. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause or phrase in this section irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses or phrases in this section might be declared unconstitutional, preempted or otherwise invalid. On Motion by Subcommittee Member Nine, seconded by Subcommittee Member Hansen and carried by the following vote, the Wireless Subcommittee voted to add the purpose statement, severability clause, and appeals section to the list of immediate ordinance amendments to be reviewed by legal staff. AYES: 6 SUBCOMMITTEE Dawson, Nine, Breedlove, Hansen, Olsen, Peterson MEMBERS: NOES: 0 SUBCOMMITTEE None MEMBERS ABSENT: 1 SUBCOMMITTEE Brassfield MEMBERS ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS 2. Discuss Comprehensive Amendments to Monterey City Code Chapter 38, Article 17, Section 38-112.4 Personal Wireless Service Facilities No discussion occurred. 3. Identify Subcommittee Information Needs from Staff No discussion occurred. 4. Discuss the Meeting Schedule and Future Agenda Items The Subcommittee discussed that the next meeting would be on Wednesday, September 19th. Staff reported that the meeting time had not yet been set. ADJOURNMENT 2 Wireless Subcommittee Minutes Thursday, September 13, 2018 There being no further business the meeting adjourned at 11:31 a.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Wireless Subcommittee 3