Wireless Subcommittee Meeting

MINUTES WIRELESS SUBCOMMITTEE Friday, November 9, 2018 1:30 PM – 5:00 PM COUNCIL CHAMBERS FEW MEMORIAL HALL OF RECORDS 580 PACIFIC STREET MONTEREY, CALIFORNIA Members Present: Dawson, Nine (arrived at 1:32 p.m.), Breedlove, Brassfield, Hansen, Peterson Members Absent: Olsen Staff Members Present: City Attorney Davi, Recording Secretary Doherty CALL TO ORDER Chair Dawson called the meeting to order at 1:30 p.m. CONSENT ITEMS Approval of Minutes 1. September 12, 2018 ACTION: Continued to November 16, 2018. 2. September 19, 2018 ACTION: Continued to November 16, 2018. 3. October 1, 2018 ACTION: Continued to November 16, 2018. 4. October 19, 2018 ACTION: Continued to November 16, 2018. 5. October 26, 2018 ACTION: Continued to November 16, 2018. 6. October 29, 2018 ACTION: Continued to November 16, 2018. Subcommittee Member Breedlove made a motion to approve the minutes (items 1 through 6 of the Consent Agenda). Subcommittee Member Brassfield seconded the motion. On a motion by Subcommittee Member Breedlove, seconded by Subcommittee Member Brassfield, and carried by the following vote, the Subcommittee approved the minutes (items 1 through 6 of the Consent Agenda): Commented [d1]: Not final vote-- remove this from minutes? AYES: 4 SUBCOMMITTEE Dawson, Brassfield, Breedlove, Peterson MEMBERS: NOES: 1 SUBCOMMITTEE Hansen MEMBERS: ABSENT: 2 SUBCOMMITTEE Olsen, Nine MEMBERS: ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS: Subcommittee Member Hansen said that she is not in favor of approving the minutes at this meeting because she would like the Subcommittee go back through the minutes as a reminder of what has been accomplished and to review for anything that still needs to be done. Vice Chair Nine arrived at 1:32 p.m. Vice Chair Nine expressed concern that the minutes for one meeting in particular were more generalized than she expected. She said would like to see more description of what was discussed. Chair Dawson suggested that instead of approving the minutes (items 1 through 6 of the Consent Agenda) that they be continued to the next meeting for additional review by the Subcommittee. The Subcommittee concurred. Subcommittee Member Peterson made a motion to continue the minutes (items 1 through 6 of the Consent Agenda) to November 16, 2018. Subcommittee Member Hansen seconded the vote. On a motion by Member Peterson, seconded by Member Hansen, and carried by the following vote, the Subcommittee continue the minutes (items 1 through 6 of the Consent Agenda) to November 16, 2018: AYES: 6 SUBCOMMITTEE Dawson, Nine, Brassfield, Breedlove, Hansen, MEMBERS: Peterson NOES: 0 SUBCOMMITTEE None MEMBERS: ABSENT: 1 SUBCOMMITTEE Olsen MEMBERS: ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS: PUBLIC COMMENT None. PUBLIC APPEARANCE 7. Recommend Planning Commission Adopt the Submittal Checklist Subcommittee Comments The Subcommittee reviewed the proposed submittal checklist. Attorneys Joseph Van Eaton and Tyler Brown were present via telephone and video conference. Mr. Van Eaton suggested rewording “Process” section, paragraph 2, “If the application is found to be complete, the Community Development Director will refer the application to the Planning Commission, and may conduct further review of the application and submit further recommendations to the Planning Commission.” Vice Chair Nine recommended changing the words “permissions” and “permits” to “applications.” Mr. Van Eaton suggested rewording the following sentence to read, “Without such an agreement, any application submitted without the Ancillary Applications and fees will be deemed incomplete or may be denied…” Subcommittee Member Breedlove commented that permits are applied for, not submitted (referencing a sentence in paragraph 3). Mr. Van Eaton suggested rewording it to, “If the applicant agrees that there are no additional permits that must be acted upon by the same date (or sooner) than the City must act upon the application for a wireless permit, the applicant may file for other required authorizations, agreements, and permits later.” Subcommittee Member Brassfield suggested changing “address” to “street address” for section “A. Project Location”; removing “a.” from questions E.2.-4.; and adding checkboxes for each of the statements following. Subcommittee Member Breedlove recommended changing the listing of permits in question E.5 to checkboxes. Member Brassfield would like the word “other” changed to “others” (other permits). For question 7., Subcommittee Member Brassfield pointed out that the statements do not flow properly and suggested moving paragraph “c”, underneath the checkbox item, “If the facility is being installed on a structure that applicant contends is, or will be, under the jurisdiction of General Order (“GO”) 95 (“GO 95”), or GO 165, or GO 166.” Also, paragraph “d” should be moved underneath the checkbox item, “The facility is NOT being installed on a structure that applicant contends is, or will be, under the jurisdiction of General Order (“GO”) 95 (“GO 95”), or GO 165, or GO 166.” Additionally, Member Brassfield suggested changing “qualified experts” to “licensed professional engineer” in both clauses. Mr. Van Eaton recommended adding the following footnote regarding question 8, “Eligible Facilities Requests” due to the FCC renumbering their regulations: “References to regulations include such regulations as may be amended from time to time.” Vice Chair Nine suggested that the “Eligible Facilities Requests” section be more specific to include 6409’s. The paragraph sentence was rewritten as, “Applicant asserts that the application qualifies as a Section 6409 “eligible facilities request” (as defined in 47 CFR § 1.40001(b)(3)) and, in addition to the materials required above, submits the information required in Attachment A.” Vice Chair Nine mentioned that at a past meeting, during public comment, it was mentioned that the scope of facilities may not be broad enough to cover things such as public Wi-Fi, smart meters, and air gig type devices on wires, and asked why these do not constitute wireless facilities and  any legal definition of the term. Mr. Van Eaton explained that the ordinance that was developed was focused on personal wireless facilities, and the City may, at some point, need to decide if these are devices it wants to regulate. Break 3:31 p.m. to 3:40 p.m. The Subcommittee continued with review of the proposed submittal checklist. On “Attachment A”, section B.3., Subcommittee Member Brassfield pointed out a typo and recommended deleting the extra “the.” Mr. Van Eaton suggested changes to “Attachment A,” paragraph C.1., regarding RF exposure. Subcommittee Member Breedlove recommended rewording item D.3. to require that all illustrations are legible. The sentence was rewritten as “Electronic copy of plans in PDF form with all details legible.” Mr. Van Eaton expressed concern over specifying GO 95, GO 165, and GO 166 safety standards in section G.3., as these may not be required for other types of applications. Mr. Van Eaton suggested revising it to be more general and leave it as “…comply with applicable safety standards”. Regarding “Attachment B,” Subcommittee Member Brassfield expressed concern of wind shear and suggested editing the section to specify square footage of surface area. Mr. Van Eaton revised requirement B, “A project description letter containing:”, to include wind loading calculations and square footage of surface area (new number 4). Mr. Van Eaton stated that section “C” in both Attachments A and B should match. Mr. Van Eaton also recommended removing the words “Noise Report” from requirement E, as pointed out by Subcommittee Member Brassfield, to be more consistent with other parts of the checklist. The Subcommittee ended review of the checklist at “Mock-up Standards,” which is to be continued at the next meeting. 8. Recommend the Planning Commission Recommend Additional Changes to Municipal Code Section 38-112.4 Personal Wireless Service Facilities Not discussed. 9. Discuss Urgency Ordinance Not discussed. SUBCOMMITTEE MEMBER COMMENTS Chair Dawson reminded the Subcommittee that there will not be a meeting on Monday, November 12, due to the Veterans Day holiday. The next meeting is scheduled for Friday, November 16, 2018 from 9:00 a.m. to 12 p.m. Mr. Van Eaton shared that he will be in town on November 28, 2018 for a Pacific Grove City Council meeting that evening and can be available during the day to meet. Staff will look into scheduling with Mr. Van Eaton. INFORMATIONAL REPORTS & STAFF COMMENTS None. ADJOURNMENT There being no further business, the meeting adjourned at 5:03 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Wireless Subcommittee