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MACKENZIE & ALBRITTON LLP
220 SANSOME STREET,14TH FLOOR
SAN FRANCISCO,CALIFORNIA 94104
TELEPHONE 415/288-4000
FACSIMILE 415/288-4010
May 5,2016
•
VIA EMAIL
Stephen Deitsch, Esq.
City Attorney, City of Arcadia
Best Best&Kreiger
2855 East Guasti Road
Suite 400
Ontario, California 91761
Re: Verizon Wireless Application CUP 15-03,ADR 15-06,W 15-01
Wireless Telecommunications Facility, 1881 South First Avenue
Request for Waiver of Arcadia Municipal Code § 9295.16(B) and
Agreement to Establish August 16,2016 as the Earliest Date to
Commence Applicable 30 Day Limitations Period Under
47 USC § 332(c)(7)(B)(v)
Dear Stephen:
We write to you on behalf of our client Los Angeles SMSA Limited Partnership,
d/b/a Verizon Wireless ("Verizon Wireless") with respect to the above-referenced
application for a wireless telecommunication facility (the"Application"). On March 29,
2016,Verizon Wireless appealed the Planning Commission denial of the Application. In
order to accommodate an appeal hearing before the City Council on July 19,2016,
Verizon Wireless requests that the City of Arcadia (the"City") waive the requirement of
Arcadia Municipal Code § 9295.16(B) that an appeal hearing be scheduled not more than
40 calendar days after filing of the appeal. Verizon Wireless also desires to enter into
agreement with the City to establish the earliest date to commence the applicable 30 day
limitations period for any action brought by Verizon Wireless under 47 USC §
332(c)(7)(B)(v).
In order to allow the City to act on Verizon Wireless' appeal of the Application
without either party risking the loss of important rights,the parties agree to waive the
requirement of Arcadia Municipal Code § 9295.16(B) and establish by mutual agreement
July 19,2016 as the date to hold an appeal hearing before the City Council,and August
16,2016 as the earliest date to commence the applicable 30 day limitations period for any
action brought by Verizon Wireless under 47 USC § 332(c)(7)(B)(v). Verizon Wireless
acknowledges that these time periods may need to be further extended if the Application.
is substantially revised in a manner that warrants further review by the Planning
Commission.
Stephen Deitsch, Esq.
City of Arcadia
May 5,2016
Page 2 of 2
This letter agreement shall not be construed as an admission by the City that it
has failed to act on the Application within a reasonable period of time in accordance
with the time periods and procedures established by In re Petition for Declaratory
Ruling,24 FCC Rcd. 13994 (2009) and In the Matter of Acceleration of Broadband
Deployment by Improving Wireless Facilities Siting Policies,Report and Order, 29
FCC Rcd. 12865 (2014) ("Applicable FCC Decisions"),that City Council action on the
appeal of the Application is required by August 16,2016,or that the City has otherwise
violated the Telecommunications Act,nor shall it be construed to waive or otherwise
impair the rights of either party with respect to any such claim. In addition,this letter
agreement shall not be construed to waive any claims by the City regarding the validity
or applicability of the requirements and deadlines established by the Applicable FCC
Decisions in general or in respect of the Application. Similarly,this letter agreement is
not intended to imply or assure any particular outcome of the City Council's review of
the Application.
If you agree,this letter agreement may be executed in counterparts,and scanned
or facsimile signatures shall be deemed equivalent to original signatures. I will
appreciate your returning a countersigned copy to me at your earliest convenience.
Sincerely,
eaGe-e
Paul B.Albritton
cc: Jim Kasama
Jeff Hamilton
ACCEPTED AND AGREED TO:
City of Arcadia
By:
Printed name: Dominic Lazzaretto
Title: City Manager