Wireless Subcommittee Meeting

Name: Wireless Subcommittee Meeting — Monterey, CA
Start: 2018-11-30T09:00:00
End: 2018-11-30T11:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · November 30, 2018

Agenda Minutes Packet

Minutes

MINUTES WIRELESS SUBCOMMITTEE Friday, November 30, 2018 9:00 AM - 12:00 PM FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Members Present: Brassfield, Breedlove (9:12 a.m. arrival), Dawson, Hansen, Nine, Peterson Members Absent: Olsen Staff Members Present: Community Development Director Cole CALL TO ORDER Chair Dawson called the meeting to order at 9:00 a.m. CONSENT ITEMS Approval of Minutes 1. October 19, 2018 ACTION: Approved as Submitted. 2. November 9, 2018 ACTION: Approved as Submitted. 3. November 16, 2018 ACTION: Approved as Submitted On a motion by Subcommittee Member Brassfield, seconded by Subcommittee Member Nine, and carried by the following vote, the Subcommittee approved the minutes. AYES: 6 SUBCOMMITTEE Brassfield, Breedlove, Dawson, Hansen, MEMBERS: Nine, Peterson NOES: 0 SUBCOMMITTEE None MEMBERS: ABSENT: 1 SUBCOMMITTEE Olsen MEMBERS: ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS: ***End of Consent Agenda*** Wireless Subcommittee Minutes Friday, November 30, 2018 PUBLIC COMMENTS None PUBLIC APPEARANCE 4. Recommend the Planning Commission Recommend Additional Changes to Municipal Code Section 38-112.4 Personal Wireless Service Facilities Subcommittee Member Nine indicated that many City ordinances have a revocation clause. Ms. Cole described the format of the City’s Zoning Ordinance and use permits. The revocation clause is contained in the general section on use permits. Subcommittee Member Brassfield indicated that the City should keep this issue as simple as possible. Subcommittee Member Nine asked if a word could be added to make it clear that rights of way are covered. Ms. Cole indicated that this issue could be reviewed by legal staff. Subcommittee Member Nine presented some preliminary homework that she passed out to everyone. Ms. Nine read the proposed language to the Subcommittee. Subcommittee Member Dawson indicated that the proposed language might be in direct conflict with the recent changes he has seen with the FCC regarding effective prohibition. Subcommittee Member Brassfield suggested that the City Attorney’s Office review Ms. Nine’s submittal and provide further direction. Subcommittee Member Brassfield questioned if the Ordinance title should be Wireless Service versus Personal Wireless Service. Mr. Brassfield wants the ordinance to be broad enough to cover all wireless services. Subcommittee Member Breedlove indicated that anything that generates RF emissions, creates a fire hazard, or is aesthetically unpleasing should be regulated by City of Monterey. Subcommittee Member Hansen made a motion to change the ordinance title from Personal Wireless Facilities Ordinance to Wireless Communication Facilities Ordinance and Chair Dawson seconded the motion. Subcommittee Member Brassfield asked if a definition should be added to the ordinance. Subcommittee Member Lois said yes. On a motion by Subcommittee Member Hansen, seconded by Chair Dawson and carried by the following vote, the Wireless Subcommittee voted in favor changing the wording in the ordinance title from Personal Wireless Facilities Ordinance to Wireless Communication Facilities Ordinance. AYES: 6 SUBCOMMITTEE Brassfield, Breedlove, Dawson, Hansen, Nine, MEMBERS: Peterson NOES: 0 SUBCOMMITTEE None MEMBERS: ABSENT: 1 SUBCOMMITTEE Olsen MEMBERS: ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS: 2 Wireless Subcommittee Minutes Friday, November 30, 2018 Subcommittee Member Nine questioned if every application undergoes technical review to confirm the accuracy of the RF report. Ms. Nine expressed concerns that technical and legal reviews should be independent processes and not influence the technical review. Chair Dawson recessed the meeting at 10:30 for a five minute break. The Subcommittee reconvened at 10:38 am. Subcommittee Member inquired about how much the City currently charges for facilities in the public right of way. Ms. Cole indicated that the City receives some lease funds for telecommunication facilities but she is unaware of any fees. Subcommittee Breedlove said that the City should be able to shut off power in emergency situations. Subcommittee Member Nine said that the City should be able to quarantine an area if it is unsafe. Ms. Cole clarified that the City has this power for fires and safety issues; however, RF concerns should be reported to the FCC. Subcommittee Member indicated that many ordinances require liability insurance. Subcommittee Member Breedlove left the meeting at 11:47 a.m. SUBCOMMITTEE MEMBER COMMENTS Subcommittee Member Brassfield thanked Subcommittee Members Nine and Hansen for attending the Planning Commission meeting. INFORMATIONAL REPORTS & STAFF COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned at 11:57 am. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Wireless Subcommittee 3

Agenda

Subcommittee Members Public Members: Wireless Subcommittee Agenda David Breedlove Lois Hansen Susan Nine Friday, November 30, 2018 Hebard Olsen Duane Peterson Council Chambers 9:00 AM – 12:00 PM Planning Commissioners: 580 Pacific Street Mike Brassfield Monterey, California Mike Dawson MEETING PROCEDURES CALL TO ORDER CONSENT ITEMS CONSENT ITEMS allow for a review of those items recommended for approval on consent or recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Subcommittee Member may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. Approval of Minutes 1. October 19, 2018 2. November 9, 2018 3. November 16, 2018 ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Wireless Subcommittee and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Subcommittee may do so during Public Comments or by addressing a letter of explanation to the Subcommittee, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on action or informational issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. 4. Recommend the Planning Commission Recommend Additional Changes to Municipal Code Section 38-112.4 Personal Wireless Service Facilities SUBCOMMITTEE MEMBER COMMENTS SUBCOMMITTEE MEMBERS may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, a Subcommittee Member may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda. (G.C. 54954.2) INFORMATIONAL REPORTS & STAFF COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS supply information on activities or announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. ADJOURNMENT ADJOURNMENT — The general policy of the Wireless Subcommittee is that the Afternoon Session will end no later than 5:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Subcommittee. Agenda packets may be reviewed by the public in the Monterey Public Library, in the Planning Office, or on the web at http://www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Subcommittee on any Agenda items. Information distributed to the Subcommittee at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose. CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 831-646-3799 FAX: 831-646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646- 3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Wireless Subcommittee Friday, November 30, 2018 2

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