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Carmel-by-the-Sea City Council
February 28, 2022

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Minutes
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February 28, 2022
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Carmel-by-the-Sea City Council
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Text extracted from the city's file for reading and search. Open the original on carmelbytheseaca.api.civicclerk.com. That file is the official record.

City Council Meeting Minutes
Febtuary 28,2022

SPECIAL MEETING
Monday, February 28,2022

OPEN SESSION
3:00 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 3:00 PM.

Present: Council Members: Baron, Ferlito, Theis, Mayor Pro Tem Richards, Mayor Potter; Planning Commissioners: Bolton, Delves, Vice Chair Lehman, Chair LePage

Absent: Planning Commissioner Locke

ORDERS OF BUSINESS
Item 1 : Resolution 2022-018 of the City Council of the City of Carmel- by-the-Sea Proclaiming the Continuing Need To Meet By Teleconference Pursuant To Govemment Code Section 54953(e)
City Attomey Brian Pierik provided the stafi report.

Public Comment - None
On a motion by Council Member Theis and seconded by Council Member Ferlito, the City Council adopted Resolution 2O22-O18 proclaiming the continuing need to meet by teleconference pursuant to Govemment Code Sec-tion 54953(e) by the following roll call vote:

AYES: BARON, FERLITO, THEIS, RICHARDS, POTTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Item 2: Urgency Ordinance Adopting Rules of Conduct for City Facilities City Attorney Brian Pierik provided the staff report and responded to Council's questions.

Public Comment - None
Council discussion followed.

On a motion by Mayor Pro Tem Richards and seconded by Council Member Theis, the City Council approved the reading of the title of the Urgency Ordinance, waived further reading and adopted an Urgency Ordinance of the City Council of the City of Carmel-by-th+.Sea adopting Rules of Conduct at City Facilities, with the modification to allow 27 people to attend the Council meeting in the Council Chamber, by the following roll call vote:

February 28,2022 City Council Special Meeting Minutes

Page 2 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

BARON, FERLITO, THEIS, RICHARDS, POTTER
NONE
NONE
NONE

PUBLIC APPEARANCES
None

EXTRAORDINARY BUSINESS
Item A: Receive a report and presentation from lhe City's outside legal counsel regarding telecommunications codes and to conduct an early public workshop related to draflrng a ciVwide Wireless Telecommunications Ordinance
City Administrator Rerig provided the background of this item. City Attorney Pierik introduced the speakers, the City's outside legal counsel. Tripp May and Gail Karish conducled a workshop and responded to the questions by the Planning Commissioners and Council Members, and discussion followed.

The following members of the public spoke on this item:

Jeannie Branham
Cristy Hollenbeck
The City Council authorized stafi to work with outside legal counsel to prepare proposed updates to Chapter 17.46 that rellect the changes in the law since 20M, clarifo the procedures and standards for each regulatory classification of wireless facility and provide the City with more effective tools to process and decide applications, Staff was directed to take to the Planning Commission for discussion the following:

B Preferred versus discouraged locations
1 . Existing poles versus new poles in potentially more advantageous location?

2. Collocation on the same pole or dispersed across poles in the same vicinity?

3. Ranking of zones/locations/support structures?

4. Discouraged zones/locations/support structures that require exception for preemption?
C. Prefened versus discouraged designs/configurations

1. Should all new facilities in all locations always be held to a stealth standard?

2. Preference for taller/nanower facilities or shorter^/vider facilities?

3. Pole-mounted versus ground-mounted equipment?

4. Backup power at all sites or only some?
Stafi should provide information on these topics so that the Planning Commission can make its recommendations and give direction to attomeys to draft an ordinance and design guidelines, to have the most conservative approach as far as preserving Carmel's community character.

Febtuary 28,2022 City Council Special Meeting Minutes

Page 3 ends

The draft of the design guidelines and updated ordinance will then be brought to the Planning Commission for review, and then on to the City Council. ln addition to other topics covered, the City Council will determine the following:

A. Develop rules/procedures tailored to each regulatory category of facility?

1. Codified ordinances versus policies adopted by Council resolution

2. Delegate authority to Community Development to develop detailed applications?

3. For EFR, SWF and A.B.2421, initial administrative decision, plus available appeal?

4. For appeals, direct to City Council?

CLOSED SESSION
City Attomey Pierik announced the closed session items. hem A: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION lnitiation of litigation pursuant to Govemment Code Section 54956.9(dX4) (One potential case) Item B: CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT coDE sEcTtoN 54957.6
Agency designated representatives: City Administrator Chip Rerig, Katy Suttorp (Burke, Williams & Sorensen), Brian Uhler, lnterim Public Safety Director, Brandon Swanson, Community Planning Building Director
Employee organization: General Employees Unit, an Afiiliated Unit of L|UNA; Management Employees Unit, an Affiliated Unit of LiUNA; Police Officers Association (POA); Carmel Fire Ambulance Association
Public Comment - None

ADJOURNMENT
The City Council adjoumed to Close Session at 5:30 PM.

APPROVED: ATTEST:
0 //\
Dave Potter, Mayor Yashin Abbas, lnterim City Clerk
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