Wireless Subcommittee Meeting

MINUTES WIRELESS SUBCOMMITTEE Wednesday, October 19, 2018 1:00 PM – 5:00 PM COUNCIL CHAMBERS FEW MEMORIAL HALL OF RECORDS 580 PACIFIC STREET MONTEREY, CALIFORNIA Members Present: Hansen, Peterson, Olsen, Nine, Brassfield, Breedlove (arrived at 1:15 pm) Members Absent: Dawson Staff Members Present: Community Development Director Cole CALL TO ORDER Vice Chair Nine called the meeting to order at 1:00 p.m. PUBLIC COMMENTS Nina Beety requested to make comments early versus later during the meeting, due to scheduling conflicts and a disability. She said that she had comments regarding additions to the Ordinance and the wireless submittal checklist. Vice Chair Nine said that she had no objection to hearing Ms. Beety’s comments and asked her to proceed. Ms. Beety said that she had ideas for the Ordinance, which included:  No spec towers with unrecognized clients  Any uses of Public Right of Way (PROW) for wireless facilities as a secondary use versus a primary use  Primary use would include public sidewalks  Inclusion of language that would specify the project would not conflict with Americans with Disabilities Act (ADA)  Ability to remove wireless facilities installed without proper permitting  A severability clause  Co-located facilities must have already been subject to CEQA review  CEQA review must be included in any project review  Wireless Subcommittee Minutes Wednesday, October 19, 2018 PUBLIC APPEARANCE 1. Recommend Planning Commission Adopt the Submittal Checklist The Subcommittee held a discussion on the submittal checklist Subcommittee Member Nine questioned the difference between an eligible facilities (6409 applications) and non- eligible facilities. Ms. Cole clarified that 6409 applications include minor modifications to existing facilities. Subcommittee Member Brassfield wanted to know if both types of projects could be included on one application. Ms. Cole clarified that the proposed checklist includes both types of projects. Subcommittee Member Nine outlined that the mock- up requirements only applies to non- eligible facilities request. Subcommittee Member Brassfield inquired if the City can require information about the equipment. He wanted to know if the primary company and applicant could be required to attend the Planning Commission hearings on a project. Subcommittee Member Nine indicated that the process section of the application form raised questions. She wanted to know if the Community Development Director is sufficient to handle the workload or should “and designee” be added. Subcommittee Member Peterson clarified that the definitions section included designee. Subcommittee Member Nine mentioned the section about denying applications. Ms. Cole responded that the reason for this process was to satisfy shot clock. Subcommittee Member Hansen questioned if one application would cover one site or multiple sites. Ms. Cole responded that an application is required for each site. Subcommittee Member Nine identified the issue of process all applications associated with a wireless facility within 60 days. Ms. Cole explained the traditional sequential permit processing and why the City is proposing to change its procedures due to the new FCC rules. Subcommittee Member Nine wants to know if tolling agreements are permitted under the new FCC rules. Subcommittee Member Brassfield questioned the best way to identify the location of facilities in the public right of way. He recommended that the nearest addresses are identified in the application. Subcommittee Member Brassfield recommended GPS coordinates be included in the application form. ***OPEN PUBLIC COMMENT*** Nina Beety said that EFR applications should have a negative declaration or mitigated negative declaration. She questioned if the City is leasing structures and expressed concern regarding timelines for coastal zone applications. She said she appreciated that pre- application meetings are eliminated due to shot clocks. She also said that the new checklist should be as clear as possible. Ms. Beety said that disclosure of facility locations would be critical, especially in the instance of phased facility introduction. ***CLOSE PUBLIC COMMENT*** 2  Wireless Subcommittee Minutes Wednesday, October 19, 2018 Subcommittee Member Hansen recommended changes to the checklist format. Subcommittee Member Brassfield questioned what the City’s administrative cap would be to process applications. Subcommittee Member Nine questioned the potential leasing of poles. Ms. Cole described that the City only owns a small portion of the poles in the right of way. For example, the City owns most of the light poles but not the wood electric poles. Mr. Brassfield questioned if the leases would be market rate. Ms. Nine questioned how the City’s utility systems are managed. Ms. Cole responded that the City has several franchise agreements. Ms. Nine questioned leasing agreements. Ms. Cole indicated that the City should obtain lease revenues if the City’s poles are utilized for telecommunication facilities. Ms. Cole mentioned that some cities are identifying how these facilities should look in a particular way in their city. Subcommittee Member Nine questioned the location where the City’s coastal zone was located and how long it takes to obtain coastal permits. Ms. Cole described the general location of the coastal zone and the regular coastal permit process. Ms. Nine liked the idea that the applicant be aware of the Coastal Permit requirements. Subcommittee Member Nine questioned the City staff about meeting with applicants. Subcommittee Member Brassfield discussed due process. Subcommittee Member Nine asked what an existing encroachment permit is. Ms. Cole explained the encroachment permit process. 2. Recommend the Planning Commission Recommend Additional Changes to Municipal Code Section 38-112.4 Personal Wireless Service Facilities No discussion occurred. SUBCOMMITTEE MEMBER COMMENTS Subcommittee Members discussed and established future meeting dates. INFORMATIONAL REPORTS & STAFF COMMENTS None. ADJOURNMENT There being no further business, the meeting adjourned at 4:45 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Wireless Subcommittee 3