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CITY OF PLEASANTON CITY COUNCIL MEETING MINUTES March 11, 2019 Vice Mayor Brown called the special meeting to order at the hour of 6:30 p.m. and led the Pledge of Allegiance. ROLL CALL Present: Councilmembers Narum, Pentin, Testa, Vice Mayor Brown Absent: Mayor Thorne PUBLIC COMMENT— None PUBLIC HEARING 1. Adopt, or Introduce, an ordinance amending Chapter 18.110 of the Pleasanton Municipal Code (Personal Wireless Service Facilities)to add a new Section 18.110.010B(Special Provisions for Small Wireless Facilities); adopt a resolution approving a new council policy (Small Wireless Facilities) for the purpose of regulating the permitting, design, and location of such facilities citywide; and approve the use of a pole license agreement Assistant City Attorney Julie Harryman introduced Tripp May, Outside Counsel with Telecom Law Firm, and deferred to him for a report. Tripp May, Attorney, Telecom Law Firm, provided a report and displayed a PowerPoint presentation addressing the types of small cells, placement, the purpose of small cells, network densification and Het-Nets, other purposes, the proposed number of nodes, legal framework overview, the FCC's 2018 Small Cell Order, definition of a small cell and small cell sizes. In reply to Vice Mayor Brown's inquiry, Mr. May addressed heights and capabilities of small cells and location of equipment enclosures, antennas, effective prohibitions, FCC and State regulations, New Shot Clock Rules, Small Cell Order and a Summary of Amendments. He discussed ROW location preferences, Planning Commission review and recommendations and staff recommended changes. Councilmember Narum asked if different carriers can be co-located on the same structures and Mr. May reported they may, depending on the size of the poles. She asked about vandalism to poles and equipment and Mr. May indicated the City has a 48-hour requirement for cleaning up graffiti and standard conditions of approval would be attached to a permit, adding further requirements which make it clear it would be the carrier's responsibility to address. Councilmember Narum referenced letters from AT&T and Verizon in opposition to limiting the number of batches to five and Mr. May explained the requirement will help the City keep track of how many applications come in and addressed the application procedure. In response to Councilmember Narum's question regarding prohibiting ground-mounted equipment, Mr. May reported the letters state it is illegal for the City to prohibit ground-mounted equipment but noted that is not the case. He added it is illegal for the City to prohibit their deployment. Councilmember Testa asked about health and safety regulations and Mr. May reported one of the requirements is for potential carriers to provide an independent compliance report showing they will comply with FCC rules in addition to other requirements. Congress determined that only the FCC can set the standards for what is and is not safe. Mr. May noted the City can set requirements in terms of staying away from particular uses, so long as there is an aesthetic basis for doing so.