Wireless Subcommittee Meeting

MINUTES WIRELESS SUBCOMMITTEE Friday, December 7, 2018 9:00 AM - 12:00 PM FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Members Present: Brassfield, Breedlove, Dawson, Hansen, Nine, Olsen, Peterson Members Absent: Staff Members Present: Community Development Director Cole, Recording Secretary Doherty CALL TO ORDER Chair Dawson called the meeting to order at 9:00 a.m. CONSENT ITEMS Subcommittee Member Brassfield made a motion to approve the consent items with amendments to the minutes of November 30, 2018. Subcommittee Member Breedlove seconded the motion. On a motion by Subcommittee Member Brassfield, seconded by Subcommittee Member Breedlove, and carried by the following vote, the Subcommittee approved consent items with amendments to the November 30, 2018 minutes: AYES: 7 SUBCOMMITTEE Brassfield, Breedlove, Dawson, Hansen, Nine, MEMBERS: Olsen, Peterson NOES: 0 SUBCOMMITTEE None MEMBERS:: ABSENT: 0 SUBCOMMITTEE None MEMBERS: ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS: Approval of Minutes 1. November 19, 2018 ACTION: Approved as Submitted. 2. November 30, 2018 ACTION: Approved as amended. Subcommittee Member Hansen stated that she does not recall saying “the existing city code should not be modified,” as written on the last page and proposed this sentence be deleted. The Subcommittee agreed to this amendment. ***End of Consent Agenda*** PUBLIC COMMENTS  Wireless Subcommittee Minutes Friday, November 30, 2018 None. PUBLIC APPEARANCE 3. Recommend the Planning Commission Recommend Additional Changes to Municipal Code Section 38-112.4 Personal Wireless Service Facilities Subcommittee Member Hansen said she would like to see a final draft of the proposed ordinance after it has gone through legal review, rather than a rough draft. Ms. Cole indicated the version presented is a final draft. Ms. Cole explained the approximate timeline for the ordinance becoming law. She said she estimates this could be sometime during the first quarter of 2019, possibly by April 1. Subcommittee Member Hansen said the subcommittee still has the issue of whether to include the checklist in the ordinance or to leave it separate. She recommended leaving the checklist out of ordinance for now to allow staff to see how it works, but ultimately would like to see it included in the ordinance. Subcommittee Member Nine said checklists are not usually incorporated into ordinances and recommends keeping the checklist separate. Subcommittee Member Nine mentioned the title of the ordinance was changed to Wireless Communications Facilities Ordinance and that this should be reflected in the current draft. Subcommittee Member Brassfield reminded the subcommittee that it needs to be careful the ordinance does not only encompass wireless facilities, but that it includes all devices. Ms. Cole mentioned she anticipates the title change will require significant legal discussion and is not optimistic the word “personal” can be removed. Subcommittee Member Nine pointed out grammatical errors in Section A.3. and recommended a title change for Section B. Ms. Cole recorded the changes. Subcommittee Member Nine suggested creating a separate section of the ordinance devoted to 6409’s due to all the different requirements involved. She said this would add clarity and avoid confusion for the average person. Chair Dawson indicated the checklist clearly separates out 6409’s. Subcommittee Member Nine indicated she has a draft available to show how this could work. Ms. Cole asked Subcommittee Member Nine to provide her draft after the meeting. Subcommittee Member Nine made a motion to create a separate section to encapsulate all 6409 requirements. Subcommittee Member Hansen seconded the motion. Subcommittee Member Brassfield asked if the motion should be amended to include the language, “to support the application process.” Subcommittee Members Nine and Hansen agreed to the amendment. On a motion by Subcommittee Member Nine, seconded by Subcommittee Member Hansen and carried by the following vote, the Subcommittee approved creation of a separate section to encapsulate all 6409 requirements to support the application process: AYES: 7 SUBCOMMITTEE Brassfield, Breedlove, Dawson, Hansen, Nine, MEMBERS: Olsen, Peterson NOES: 0 SUBCOMMITTEE None MEMBERS: ABSENT: 0 SUBCOMMITTEE None MEMBERS: ABSTAIN: 0 SUBCOMMITTEE None MEMBERS: RECUSED: 0 SUBCOMMITTEE None MEMBERS: 2 Wireless Subcommittee Minutes Friday, November 30, 2018 Subcommittee Member Nine questioned whether carriers have ability to turn up the RF frequency on facilities and if it constitutes a modification which requires City review. Ms. Cole indicated that based on current requirements, and because there is no visible change, she does not think it would be considered a substantial change. Subcommittee Member Breedlove expressed concern with not knowing if or when a carrier increases the frequency of a facility. Ms. Cole noted the issue and will ask the City’s legal counsel if carriers can increase facility frequency with resulting changes in RF emissions without a 6409 application, or they are required by law to submit a 6409 application. Ms. Cole mentioned while processing a recent 6409 application, it was noticed that there is no pre-application notice requirement in the checklist. Ms. Cole asked the Subcommittee if this was its original intent. The Subcommittee was in agreement that it should be required and would be appreciated by members of the public. Ms. Cole suggested the proposed ordinance may not be broad enough as far as some of the submittal requirements. She explained that this creates an issue of the checklist and ordinance not being the same which can open the door for challenge by applicants. Subcommittee Member Brassfield recommended cross-referencing the ordinance and the checklist. Subcommittee Member Nine offered to provide a new draft with shortened language before the next meeting for review of the Subcommittee and staff. Subcommittee Member Breedlove asked that the applications on the City website be easy to find. Ms. Cole offered to show the Subcommittee where the applications are located at the end of the meeting and welcomed feedback. Subcommittee Member Brassfield expressed concern regarding RF levels of rooftop-mounted devices reaching the ground floor and the health effects this may have. Subcommittee Member Nine and Ms. Cole pointed out that the RF report required in the submittal process outlines what measurements are required. The Subcommittee agreed to remove the additional mentions of “co-location preferred” in Section F, as it’s mentioned earlier in the section. Ms. Cole recorded the changes. The Subcommittee discussed potentially including public-rights-of-way adjacent to open spaces which are not parks, as preferred locations. Ms. Cole suggested possible revisions to section 2. Preferred Locations. Ms. Cole explained that some places which are zoned open space, such as San Carlos Beach, McAbee Beach, and Window on the Bay, may not be ideal locations and said the topic will need to be looked into more. Ms. Cole offered to provide a map of open space zoning to go over at the next meeting. She indicated this would likely require discussion with the Parks and Recreation Director and the Parks and Recreation Commission. Regarding Section 6, Public Rights of Way Facilities, Ms. Cole introduced the idea of removing the bulk of this section to another part of the code because there is an existing code section which addresses utilities and public rights of ways. Subcommittee Member Nine recommended adding language allowing the public’s right to regulate and to be accessed in such a way as to not incommode the public. Subcommittee Member Nine suggested including certain guidelines for neighborhoods that may not have utility poles. Ms. Cole indicated that she is in the process of getting a cost from a consultant to prepare specific design guidelines for each neighborhood. Subcommittee Member Nine expressed interest in requiring all new facilities to be undergrounded. Ms. Cole indicated that this creates issues with utility agencies and Public 3 Wireless Subcommittee Minutes Friday, November 30, 2018 Works maintenance. The Subcommittee suggested revisions regarding concealment. Ms. Cole recorded these changes. SUBCOMMITTEE MEMBER COMMENTS Subcommittee Member Hansen recommended keeping the scheduled meeting for Monday evening. The rest of the Subcommittee Members agreed. Ms. Cole showed the Subcommittee where the current wireless facility applications are located on the City website. Subcommittee Member Breedlove asked where past applications could be found. Ms. Cole showed the Subcommittee a map of existing facilities and with past and current applications that staff is currently working on and explained the map should be ready to put online in a couple of months. INFORMATIONAL REPORTS & STAFF COMMENTS None. ADJOURNMENT There being no further business, the meeting adjourned at 11:56 AM. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Wireless Subcommittee 4