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SUPPLEMENTAL IVIATIEHiAL. MACKENZIE& ALBRITTON LLP Provided to the City Council 220 SANSOME STREET,14TH FLOOR After Distribution of Packet SAN FRANCISCO,CALIFORNIA 94104 Date , �9 ZDL3 TELEPHONE 415/288-4000 FACSIMILE 415/288-4010 December 9, 2013 VIA EMAIL Mayor Jerry Thorne Vice Mayor Cheryl Cook-Kallio Council Members Karla Brown, Kathy Narum and Jerry Pentin Pleasanton City Council City Hall 200 Old Bernal Avenue Pleasanton, California 94566 Re: Proposed Amendments to Personal Wireless Service Facilities Code City Council Agenda, December 17, 2013 Dear Mayor Thorne, Vice Mayor Cook-Kallio and Council Members: We write to you on behalf of our client Verizon Wireless regarding the proposed amendments to Chapter 18.110 of the Pleasanton Municipal Code, titled Personal Wireless Service Facilities (the "Proposed Amendments")reviewed by the Planning Commission on November 13, 2013. Again, we commend the City for recognizing that the code needs to be amended, and for the modest revisions recommended. However, as indicated in our letter to the Planning Commission of November 13, 2013, there has been inadequate opportunity for stakeholder comment and inadequate notice of the Proposed Amendments, and, as a result, the Proposed Amendments fall far short of the revisions needed to bring the code into compliance with federal and state law. Since adoption of the wireless provisions of the Pleasanton Municipal Code, the prohibited zones and setbacks have served as a thinly-veiled regulation of wireless facilities based upon perceived environmental effects of radio frequency emissions. City staff and counsel have worked with wireless carriers in efforts to avoid direct legal challenge to the code. However, this legal infirmity must be addressed if Pleasanton seeks to avoid future legal challenges. We urge the City Council to address the issues listed in our late letter to the Planning Commission' which we attach to this letter for your reference. ' As noted in our letter,we only became aware of the Proposed Amendments two days before the Planning Commission hearing.