In consultation with Telecom Law Firm, the following information is provided in response to one of the questions raised:

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1 ADMINISTRATIVE STAFF REPORT 7.2 TO: Mayr and Twn Cuncil May 1, 2018 SUBJECT: Update n prpsed Ordinance N , apprving Zning Text Amendment ZTA , repealing the existing Sectins f the Danville Municipal Cde related t Wireless Cmmunicatin Facilities BACKGROUND On April 17, 2018 the Twn Cuncil held a public hearing t cnsider intrductin f an rdinance amending the Twn' s Wireless Cmmunicatin Facilities Ordinance. At that meeting, the Twn Cuncil had a number f questins and cncerns regarding the prpsed rdinance. The Cuncil directed that the item return t the May 1, 2018, Twn Cuncil meeting with a list f the infrmatin requested and questins t be answered. DISCUSSION Since the April 17, 2018 meeting, the Twn has cntacted Telecm Law Firm (which has previusly wrked with the Twn n review f individual wireless applicatins) t act as a cnsultant t assist in answering the questins raised, and t help the Twn cmplete a revised draft Wireless Cmmunicatin Facilities Ordinance fr the Twn Cuncil' s cnsideratin. In cnsultatin with Telecm Law Firm, the fllwing infrmatin is prvided in respnse t ne f the questins raised: Can the Twn Impse a Mratrium n the Installatin f Wireless Facilities? The Federal law des nt prevent adptin f a mratrium. Hwever, in 2014, the Federal Cmmunicatin Cmmissin (FCC) adpted an rder prviding that a lcal mratrium des nt stp the running f the "sht clck" impsed by the FCC n the review f all wireless applicatins. This means that any prvider can file an applicatin and the Twn wuld still need t review and act n the applicatin within the same time frame. Because adptin f a mratrium wuld serve n beneficial purpse and culd create cnfusin fr residents, Twn staff strngly recmmends nt pursuing this ptin. It is anticipated that the remaining list f questins will be scheduled fr a future Twn Cuncil meeting fr further discussin and actin nce sufficient research has been cnducted t answer them cmprehensively.

2 Can the Twn limit the number and/ r prximity f small cell site installatins in residential neighbrhds r near schls? Fr example, can the rdinance include a develpment standard that requires a minimum setback fr a small cell facility frm a residence? Can the Twn limit the ttal number f small cell sites allwed t be installed n an annual basis? Can the Twn require the wireless prviders prvide the Twn with a map shwing the ultimate number and lcatins f all planned small cell facilities within the cmmunity, r at least neighbrhd by neighbrhd, prir t any initial apprvals? Can the Twn require r prhibit cllcatins n existing sites fr the small wireless sites? Can the license agreements that the. Twn must enter int with the wireless prviders prvide any additinal basis fr.the Twn' s regulatin.f wireless cmmunicatin facilities? Can the Twn create unifrm design standards s that all small cell facilities lk similar, and frce the different service prviders t design their equipment and antennas t meet these standards? Can the rdinance use strnger language, such as " prhibit" versus " strngly encurage," wherever pssible in rder t make the rdinance' s develpment standards mre definitive? Since relevant Federal and State laws regarding wireless cmmunicatin facilities generally refer t cell sites and cellular service, d the laws expressly apply t all the services, such as vide, and ther data intensive services? Is there any latitude n the way we can regulate the public right f way? Is there any latitude in requiring alternate small cell designs, such as additinal facilities, but further away frm residences, that wuld reduce the safety cncerns? What are the ptins fr neighbrhds with n abve grund utility ples? Can service prviders install their wn ples t supprt a small cell facility? Is there any develpment standard that the Twn can impse t limit the installatin f new ples? Wireless Cmmunicatin 2 May 1, 2018 Facilities Ordinance

3 RECOMMENDATION Review and cnfirm the list f questins and cncerns raised by the Twn Cuncil at the April 17, 2018 meeting. Prvide staff with additinal directin regarding the prcess ging frward fr the Twn' s review f the prpsed amendments t the Twn' s Wireless Cmmunicatin Facilities Ordinance. Prepared by: Crystal De Castr Assciate Planner by; Williams. Assistant Twn Manager Attachment: Draft Summary f Actins frm the April 17, 2018 Twn Cuncil meeting Wireless Cmmunicatin 3 May 1, 2018 Facilities Ordinance

4 5. 1 DANVILLE TOWN COUNCIL APRIL 17, DRAFT 1. CALL TO ORDER The regular meeting f the Danville Twn Cuncil was called t rder by Mayr Arnerich at 7:30 p.m., in the Twn Meeting Hall, 201 Frnt Street, Danville, CA. Present: Newell Arnerich, Mayr Rbert Strer, Vice Mayr Lisa Blackwell, Cuncilmember Renee Mrgan, Cuncilmember Karen Stepper, Cuncilmember 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge f allegiance t the flag was led by Fire Chief Paige Meyer, San Ramn Valley Fire Prtectin District. 3. CHANGES TO THE ORDER OF THE AGENDA; There were n changes t the rder f the agenda. 4. FOR THE GOOD OF THE TOWN Paige Meyer, Fire Chief, San Ramn Valley Fire Prtectin District, intrduced Fire District persnnel in attendance and presented an update n District activity. Clelan Tanner, Danville, presented a slide shw and vide f cars traveling n Danville rads. 5. PRESENTATIONS AND PROCLAMATIONS 5. 1 Presentatin f a prclamatin t Patty Hyt, Alchl Plicy Crdinatr, Discvery Cunseling Center, prclaiming April 2018 as Alchl Awareness Mnth Mayr Arnerich presented the prclamatin.

5 APRIL 17, Presentatin f the Cntra Csta Senir Plicy Platfrm 2020, by Jim Dnnelly and Fran Smith, representing the Cntra Csta Cunty Advisry Cuncil n Aging Jim Dnnelly and Lrna Akeren presented the Cntra Csta Senir Plicy Platfrm and encuraged the Twn t adpt the plicy. 6. CONSENT CALENDAR Agenda item 6. 5 remved item 6.7 fr a separate vte. was remved fr public cmment; Cuncilmember Mrgan 6. 1 Cnsider apprval f the Summary f Actins frm the regular Twn Cuncil meeting f April Cnsider apprval f the Register f Demands 6. 3 Cnsider acceptance f the February 2018 Mnth End Treasurer' s Reprt 6. 4 Cnsider adptin f Ordinance N , amending Sectin f the Twn f Danville Municipal Cde prhibiting the cnsumptin f alchlic beverages r cannabis by juveniles n private prperty 6. 5 Cnsider adptin f Reslutin N , amending the Danville Twn Cuncil Rules f Prcedure REMOVED FOR COMMENT 6. 6 Cnsider adptin f Reslutin N , authrizing a 2 -hur Parking, 7 a.m. t 6 p.m. time zne, alng the frntage f 931 Hartz Way 6. 7 Cnsider adptin f Reslutin N , authrizing parking restrictins at tw lcatins n Messian Place REMOVED FOR SEPARATE VOTE 6. 8 Cnsider adptin f Reslutin N , apprving a Ntice f Cmpletin fr Phase III f the Dwntwn LED Street Light Replacement Prject, CIP N. A Cnsider adptin f Reslutin N , authrizing a Prfessinal Services Agreement fr design f the Park and Ride Expansin Prject, CIP N. C-598 4

6 APRIL 1.7, Cnsider adptin f Reslutin N , awarding a cnstructin cntract and apprpriating additinal funding fr the Danville Varius Streets and Rads Preservatin Prject, CIP N. C Cnsider adptin f Reslutin N , apprving the fiscal year 2018/ 19 prject list funded by Senate Bill 1: the Rad Repair and Accuntability Act f 2017 MOTION BY VICE MAYOR STORER, SECOND BY COUNCILMEMBER STEPPER TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 6. 5 AN 6. 7 MOTION CARRIED Cnsider adbtin f Reslutin N , amending the Danville Twn Cuncil Rules f Prcedure REMOVED FOR COMMENT Mayr Arnerich pened the item t public cmment. Clelan Tanner, Danville, addressed the Twn Cuncil regarding presentatins at Twn Cuncil meetings. Mayr Arnerich clsed the item t public cmment. Mayr Arnerich stated that the dcument was being updated t reflect current practices. MOTION BY VICE MAYOR STORER, SECOND BY COUNCILMEMBER MORGAN, TO ADOPT RESOLUTION NO , AMENDING THE DANVILLE TOWN COUNCIL RULES OF PROCEDURE MOTION CARRIED Cnsider adptin f Reslutin N , authrizing parking restrictins at tw lcatins n Messian Place REMOVED FOR SEPARATE VOTE Cuncilmember Mrgan stated that she will abstain frm vting n the item due t the prximity f her persnal residence t the prject site. Mayr Arnerich pened the item t public cmment. There were n speakers. 91

7 APRIL Mayr Arnerich clsed the item t public cmment. MOTION BY VICE MAYOR STORER, SECOND BY COUNCILMEMBER BLACKWELL, TO ADOPT RESOLUTION NO , AUTHORIZING PARKING RESTRICTIONS AT TWO LOCATIONS ON MESSIAN PLACE MOTION CARRIED ; COUNCILMEMBER MORGAN ABSTAINED 7. TOWN MANAGER' S REPORT Tai Williams, Assistant Twn Manager, prvided an update n the status f the EIR fr the Tassajara Parks prject lcatedutside f the Twn bundaries, in unincrprated Cntra Csta Cunty. 8. COMMUNICATIONS 8. 1 Develpment Services Department Reprt by Assistant Twn Manager Tai Williams Tai Williams, Assistant Twn Manager, reprted n activities including Planning, Cde Enfrcement, Building Permit Activity, Building Inspectin Activity, Permit Center Activity, Engineering, Encrachment Permit Activity, Pavement Management and Transprtatin. 9. PUBLIC HEARINGS 9. 1 Cnsider intrductin f Ordinance N , apprving Zning Text Amendment ZTA , repealing the existing Sectin f the Danville Municipal Cde related t the Wireless Cmmunicatin Facilities Ordinance Crystal DeCastr, Assciate Planner, presented the staff reprt. City Attrney Rb Ewing and Principal Planner David Crmptn respnded t questins frm the Twn Cuncil. Mayr Arnerich pened the item t public cmment. The fllwing individuals expressed ppsitin t the rdinance as prpsed: Sarah Reilly, Danville

8 APRIL 17, 2018 David Hleman, Danville Barbara Gaye, Danville Brett Hlbrk, Danville Lu Plummer, Alam, Danville Llyd Mrgan, Berkeley Carle Ryan, Alam The fllwing individuals submitted speaker cards in ppsitin f the rdinance as prpsed, but chse nt t speak. Lisa Capritti, Danville Jhn Stump, Danville Laurie Wallis, Danville Mayr Arnerich clsed the item t public cmment. Mr. Ewing addressed questins and cmments made by the public. He respnded t questins frm the Twn Cuncil regarding right-f-way, state and federal laws, timelines and review f cell applicatins. The Twn Cuncil questined whether the Twn can prhibit cell prviders frm erecting a ple where ne des nt currently exist; questined whether the reference t cell sites in the law cvers all scpe f services; questined if there is anything else the Twn can d t regulate hw the systems can expand in the Twn; questined ptential health ramificatins and whether r nt the Twn can use health studies t impact the rdinance; and, questined whether all small cell sites can be required t c -lcate. The Twn Cuncil wuld like t see a map f all f the prpsed small cell lcatins; expressed cncern regarding neighbrhd aesthetics; wuld like t limit the number f cell sites in Danville; wuld like t standardize the lk f the small cell facilities; wuld like t see phts f small cell facilities; and, knw if the Twn has the right t limit the number f facilities and the lcatins that they are placed. Mr. Crmptn respnded t questins regarding the lcatin f ples and stated that maps have nt been prvided t the Twn shwing prpsed lcatins. 5

9 APRIL 17, 2018 The Twn Cuncil expressed interest in creating a mratrium n small cell sites until the Twn can research the answers t questins raised during this public hearing, slw the prcess dwn, and understand wh the service prviders are and where they are prpsing t place sites. Mr. Ewing stated that he will research the ability t impse a mratrium and determine if it wuld be in cnflict with federal law. He added that the Twn currently has a number f applicatins pending fr small cell sites. MOTION BY COUNCILMEMBER MORGAN, SECOND BY COUNCILMEMBER STEPPER, TO DIRECT STAFF TO REPORT TO THE TOWN COUNCIL AT THE MAY 1 MEETING TO FOLLOW UP ON QUESTIONS INCLUDING THE OPTION TO IMPOSE A MORATORIUM MOTION CARRIED TOWN COUNCIL REPORTS Mayr Arnerich reprted n attendance at a meeting f the League f Wmen Vters. 11. ADJOURNMENT The regular meeting f the Danville Twn Cuncil was adjurned at 10:15 p.m. Newell Arnerich, Mayr Marie Sunseri, City Clerk n