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Home My WebLink About2010-07-20Minutes Special City Council/Redevelopment Agency/Public Financing Authority City of Huntington Beach Tuesday July 20 2010 7 00 PM - Council Chambers Civic Center 2000 Main Street Huntington Beach California 92648 A video recording of this meeting is on file in the Office of the City Clerk and is archived at www surfcity-hb orgkiovernment/agendas/ CALL TO ORDER - 7 07 PM ROLL CALL - (Councilmember Gil Coerper has requested permission to be absent pursuant to Resolution No 2001-54) Present Carchio Hardy Green Bohr Dwyer and Hansen Absent Coerper ANNOUNCEMENT OF LATE COMMUNICATION Pursuant to the Brown Open Meetings Act City Clerk Joan Flynn announced late communications that were received by her office following distribution of the City Council agenda A "Request for City Council Action communication submitted by Jennifer McGrath City Attorney dated July 20 2010 and entitled Adopt Resolution No 2010-53 of the City Council of the City of Huntington Beach Submitting to the Qualified Electors of the City at the November 2 2010 General Municipal Election a Measure Related to Whether Private Wireless Communication Facilities Should Be Located In City -Owned Parks Communication submitted by John J Flynn III of Nossaman LLP dated July 20 2010 entitled City -Approved Permits and Site License Agreements (Harbour View and Bolsa View Parks) Councilmember Dwyer explained why deadlines associated with the November 2 2010 General Municipal Election made it necessary to call a special meeting with only 24-hour public notice ADMINISTRATIVE ITEMS 1 Adopted Resolution No 2010-53 submitting to the qualified electors of the City an advisory measure pursuant to Section 612 of the City Charter regarding whether mobile telephone antennas and related facilities should be a permitted use in City -owned parks setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis City Attorney Jennifer McGrath explained the request and how it provides ballot language alternatives that either applies to antenna sites citywide or that are specific to the two pending projects (Harbour View and Bolsa View) CounciURDA/PFA Minutes July 20 2010 Page 2 of 4 PUBLIC COMMENTS (3 Minute Time Limit) (The number following the speakers comments reflects the approximate point in the archived audio/video file located at http Hhuntmgtonbeach granicus com/ViewPublisher php?v1ew_id=2) Jeff Busche Lowell Circle resident voiced concerns about the proposed ballot measure prohibiting future construction of cell towers in parks but not at Harbour View School He discussed his knowledge of a recent court ruling on the matter and provided support for recommendations made by legal representatives Rutan and Tucker He opined that T-Mobile was not forthcoming about all permitting facts and urged Council to take any action to prevent T-Mobile s construction of a cell tower at Harbour View School (00 04 40) Mary Busche Huntington Beach resident expressed concerns about the timing of ballot measure She stated her opinion that the request prevents future projects but will not apply to the existing or in -process projects She also voiced support for Rutan and Tucker's recommendations and praised the City Attorney for her attention and prompt action on the matter (00 07 06) Cindy Osterhout Principal Harbour View School spoke in opposed to cell tower construction by T-Mobile at Harbour View School (00 09 12) Discussion ensued between Council and staff on the following • Will an advisory vote block T-Mobile's construction? • How the proposed measure will demonstrate public opinion • Voter discontent and potential finding for denial • Recent court decision information • Case references Measure C challenges (triggering the $100 000 project cost) guidelines and federal law • A judges opinion that Federal law preempts Measure C • Overturning an approved entitlement (no revocation hearing policy in place) • Conditioning the applicant to pay for a Measure C vote • Permissive decisions • Appropriate use of parkland (permissive or prohibition?) • Negotiating for alternative sites • November 2 2010 ballot filing deadlines A motion was made by Hardy second Green to approve amended Alternative Ballot Language B Huntington Beach Private Wireless Communication Facilities Advisory Measure - In the future shall the City of Huntington Beach permit the construction of private wireless communication facilities which exceed the dollar threshold as set in Charter Section 612 such as cell towers and mobile antennas within 500 feet of school sites to be located in parks owned by the City? The motion failed by the following roll call vote AYES Bohr Green and Hardy NOES Hansen Dwyer and Carchio ABSENT Coerper Council/RDA/PFA Minutes July 20 2010 Page 3 of 4 A motion was made by Bohr second Carchio to approve an Advisory Measure Regarding Private Wireless Communication Facilities - Shall the City permit the installation of a mobile telephone antenna at Harbour View Park located at 16600 Saybrook Lane and at Bolsa View Park located at 5731 Brighton Drive The motion carried by the following roll call vote AYES Carchio Hardy Green and Bohr NOES Dwyer and Hansen ABSENT Coerper Mayor Green expressed concerns about the applicant not being truthful about construction costs and stated the City needs to establish a clear policy on projects that trigger Measure C requirements She also requested information relate to gap of coverage A motion was made by Bohr second Carchio to Adopt Resolution No 2010-53 submitting to the qualified electors of the City an advisory measure pursuant to Section 612 of the City Charter regarding whether mobile telephone antennas and related facilities should be a permitted use in City -owned parks setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis as amended to replace the proposed ballot language with Advisory Measure Regarding Private Wireless Communication Facilities - Shall the City permit the installation of a mobile telephone antenna at Harbour Views Park located at 16600 Saybrook Lane and at Bolsa View Park located at 5731 Brighton Drive' Additionally, in Section 6 of the Resolution, Council did not authorize any of its members to rile an argument eithcr in favor or against the measure Instead, they invited the public to submit written arguments by August 3, 2010 before 5 00 p m to the City Clerk Tne mote-3n carneo by the follov4 ng roll call vote AYES Carchio Hardy Green Bohr Dwyer and Hansen NOES None ABSEN f Coerper MOTION TO RECESS TO CLOSED SESSION - 9 08 PM A motion was made by Dwyer second Hansen to recess to Closed Session The motion carried by the following roll call vote AYES Hansen Dwyer Bohr Green Hardy and Carchio NOES None ABSENT Coerper CLOSED SESSION Pursuant to Government Code § 54956 9 the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit Omnipoint Communications Inc (T-Mobile) v City of Huntington Beach United States District Court Case No CV09-3777 RGK which involves T-Mobile s project to install antennas at Harbour View Park and Bolsa View Park RECONVENED SPECIAL MEETING - 9 13 PM CLOSED SESSION REPORT BY CITY ATTORNEY - None Council/RDA/PFA Minutes July 20 2010 Page 4 of 4 COUNCILMEMBER COMMENTS (Not Agendized) - None ADJOURNMENT - 9 14 PM Adjournment to the next regularly scheduled meeting of Monday, August 2, 2010 at 4 00 PM in Room B-8 Civic Center 2000 Main Street Huntington Beach California ATTEST City Clyk and ex-officio Clerk Y the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach California x Ctty Clerk-Cle Ma air