Novato Needs a Protective Wireless Ordinance - Hire the Best!

Dear Novato City Councilmembers, Planning Division, Community Development Department, Legal Department, City Clerk and City Manager:

It is well-established that Wireless Transmission Facilities (WTFs) - including small cells - whether 5G/ 4G or any G, are health hazards and public nuisances. They lower property values, are serious fire risks, are completely unsustainable energy consumers, and no insurance company will insure them. Contrary to telecom industry propaganda, wireless broadband is an inefficient, outdated technology that will not solve the digital divide.

On May 13, 2022, the National Telecommunications & Information Agency (NTIA) announced its prioritization of fiberoptics as the solution to the digital divide. This unambiguous preference for fiberoptic projects that deliver high-speed internet directly to end users (instead of using outdated wireless technology to deliver the "last mile") is based on the clear superiority of fiberoptic systems in terms of security, scalability, safety, long-term cost, consumer preference, and health concerns.

The City of Novato has a temporary “urgency” ordinance #1654, approved in 2019, which establishes standards that applicants must use before installing these facilities. Many cities in our area have passed permanent, more protective wireless ordinances. Those cities include Sebastopol, Fairfax, San Anselmo, Mill Valley, Petaluma, and Sonoma.

Comparatively, Novato’s ordinance is weak. A permanent ordinance should include:
• 500m/1,640ft setback of WTFs from schools and homes
• sWTFs prohibited in all residential zones
• 500m distance required between WTFs
• Must demonstrate with substantive evidence a significant gap in coverage
• Prohibition of excessive RF emissions and requirement of random RF testing
• Requirement of public notice and input upon receipt of WTF permit application
• All WTF permits should have a maximum 10-year expiration date
• An accurate application checklist for planning must be approved as part of the ordinance

The process of creating the new ordinance must include ample input from the public because of the profound impact WTFs have on residents’ property values, safety, health, and environment.

The 2019 Planning Division Staff Report, which outlined a process for creating a permanent wireless ordinance contains outdated timelines and fiscal impacts as well as background, analysis, components, and strategic plans that are out of step with current scientific and legal evidence. It needs to be updated to accurately reflect the current legal constraints of the wireless industry, court rulings, and strategies that communities are using to protect themselves. An updated report must be completed with public input before a plan for creating the permanent ordinance is laid out.

Very few lawyers are qualified to write an ordinance that is protective for residents, does not violate any laws, and will prevent potentially expensive litigation. A nationally renowned attorney, Andrew Campanelli, has written numerous excellent wireless ordinances for localities and won thousands of cases. More information about him can be found at www.campanellipc.com.

Novato city attorneys do not possess the same specialized expertise. We ask that the city hire Mr. Campanelli for this critical task of writing our local wireless ordinance. The ordinance will impact the future of our city profoundly and is not to be taken lightly.

To summarize, we implore the City of Novato to:
• Include important elements into the new wireless ordinance.
• Solicit public comment on the process for developing the ordinance (Staff Report), before the Sept. 13, 2022 City Council meeting.
• Hire attorney Andrew Campanelli as lead ordinance attorney prior to the September 13 City Council meeting.

Sincerely,
Wire Novato
www.wirenovato.org