HomeMy WebLinkAboutPROPOSED November 6, 2012 - General Muncipal Election Ballot CI(I
)95 1 ,
Council/Agency Meeting Held:_
Deferred/Continued to:
❑Approved ® Conditio ally Ap roved Den'ed Ci 's gnatur
Council Meeting Date: July 23, 2012 Department ID Number: CT 12-014
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members .
SUBMITTED BY: Jennifer McGrath, City Attorney p
PREPARED BY: Jennifer McGrath, City Attorney l,/"--
SUBJECT: PROPOSED BALLOT MEASURE FOR CHARTER AMENDMENT
RELATIVE TO FIREWORKS Resolution Nos. 2012-51, 2012-52, 2012-53
Statement of Issue: On July 16, 2012, the City Council directed the City Attorney to draft a
Charter Amendment to be placed on the November 6, 2012 General Election Ballot that
prohibits the City from restricting the sale of California State-approved Fireworks in any
manner that would be inconsistent with the City's currently approved policies and ordinances.
Financial Impact: Funds to cover the full November 6, 2012, election cost=(including this
initiative) in the amount of $195,000 have been budgeted in the FY 2012-13 City Clerk
budget 10010201.69300— Professional Services.
Recommended Action: Motion to--
1. Adopt Resolution No. 2012- 51, A Resolution Of The City Council Of The City Of
Huntington Beach Ordering Submission To The Qualified Electors Of The City A City
Measure To Amend The Charter Of The City Of Huntington Beach Related To Fireworks;
2. Adopt Resolution No. 2012- 52, A Resolution Of The City Council Of The City Of
Huntington Beach Setting Priorities For Filing Written Arguments Regarding A City Measure
To Amend The Charter Of The City Of Huntington Beach Related To Fireworks, And
Directing The City Attorney To Prepare An Impartial Analysis Of Said Measure;
3. Adopt Resolution No. 2012-S3, A Resolution Of The City Council Of The City Of
Huntington Beach Requesting The Board Of Supervisors Of The County Of Orange To
Consolidate A General Municipal Election To Be Held On Tuesday, November 6, 2012, With
The Statewide General Election To Be Held On The Date Pursuant To Section 10403 of The
Elections Code.
Altemative Action(s): Do not adopt Resolution No. 2012- 51 , Resolution No. 2012- 52
and Resolution No. 2012- 53.
REQUEST FOR COUNCIL ACTION
MEETING DATE: 7/2312012 DEPARTMENT ID NUMBER: CT 12-014
Analysis:The attached Resolutions will order the proposed Charter Amendment related to
Fireworks onto the November 6, 2012 Ballot in accordance with the direction provided by the
City Council on July 16, 2012.
A. Ballot Language
"Shall the proposed Charter Amendment, amending Section
500 of the Charter of the City of Huntington Beach by YES
adding new Section 500(g) thereto entitled Fireworks, as
set forth in the proposed measure to be approved?" NO
B. Ballot Arguments
The Elections Code permits arguments both in favor and against any Measure to be included
in the Voter Pamphlet. The first priority for submitting such arguments is given to City
Councilmembers designed to do so by the City Council. If the Council does not designate
one or more Council Members to write either of the arguments, then any other person may
submit an argument in favor or against the Measure(s) (including Council Members acting as
individual voters). If multiple arguments are submitted, the City Clerk shall then select the
arguments based upon the following priorities
- IThe individual voter, or bona fide association of citizens, or the combination of voters
and associations, who are bona fide sponsors or proponents of the Measure.
A bona fide association of citizens.
Individual voters who are eligible to vote on the Measure.
In addition, the Clerk can add her own standards to supplement these rules; most often,
Clerks give higher priority to arguments which are filed first. The last day for direct arguments
is established by the City Clerk (in consultation with the County Registrar of Voters) and the
last day for the City Attorney's Impartial Analysis to be submitted to the City Clerk is 14 days
after calling the election (Election Code Section 9286).
Environmental Status: The Planning Department has determined that this action is
categorically exempt from CEQA pursuant to Huntington Beach City Council Resolution
4501, Section 6, Subpart B(7).
Strategic Plan Goal: Enhance economic development
Attachment(s):
®-
1 Resolution No. 2012- 51 , A Resolution Of The City Council Of
The City Of Huntington Beach Ordering Submission To The
Qualified Electors Of The City A City Measure To Amend The
REQUEST FOR COUNCIL ACTION
MEETING DATE: 7/23/2012 DEPARTMENT ID NUMBER: CT 12-014
Charter Of The City Of Huntington Beach Related To Fireworks
2 Resolution No. 2012- 52 , A Resolution Of The City Council Of
The City Of Huntington Beach Setting Priorities For Filing
Written Arguments Regarding A City Measure To Amend The
Charger Of The City Of Huntington. Beach Related To
Fireworks, And Directing The City Attorney To Prepare An
impartial.Analysis Of Said Measure
3 Resolution No. 2012= 53 , A Resolution Of The City Council Of
The City Of Huntington Beach Requesting The Board Of
Supervisors Of The County Of Orange To Consolidate A
General Municipal Election To Be Held On Tuesday, November
6, 2012, With The Statewide General Election To Be Held On
The Date Pursuant To Section 10403 of The Elections Code
ATTACHMENT # 1
RESOLUTION NO. 2012-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A
CITY MEASURE TO AMEND THE CHARTER OF THE CITY OF HUNTINGTON BEACH
RELATED TO FIREWORKS 'l
WHEREAS, a General Municipal Election on Tuesday,November 6, 2012 has been
called by City Council Resolution No. 2012-21; and
The City Council also desires to submit to the voters at the election astion relating to
a charter amendment, amending City Charter Section 500 by adding ne Section 500(g) thereto
entitled Fireworks; and
The City Council is authorized and directed b/constil tional provision and statute to
submit the proposed questions to the voters,
NOW, THEREFORE, THE CITY COUNCI . ty of Huntington Beach does
resolve, declare, determine and order as follows:
SECTION 1. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following questions:
l
"Shall the proposed Charter Amendment, amending
Section 500 of the Charter of the City of Huntington Yes
Beach by adding new Section 500(g)thereto entitled
Fireworks, as set forth in the proposed measure be
approved?" ` No
SECTION 2. That the proposed measure submitted to the voters is attached to this
resolution as Exhibit/A.
SECT10 '3. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
12-3419182142
Resolution No. 2012-51
SECTION 4. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of/Huntington Beach at a
regular meeting thereof held on 52012.
Mayor
APPROVED
/�AS TO FORM:
y AttorneyI VIEWED AND APPROVED:
Ci strator
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12-3419/82142
Resolution No. 2012-51
EXHIBIT A
ARTICLE V
ORDINANCES AND RESOLUTIONS
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Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION, PUBLICATION,
AMENDMENT, WHEN EFFECTIVE AND CODIFICATION.
(a) Enactment. In addition to such other acts of the City Council as are required by this Charter
to be taken by ordinance, every act of the City Council establishingA fine or other penalty, or
granting a franchise, shall be by ordinance. The enacting clause ofall ordinances shall be
substantially as follows: "The City Council of the City of Huntington Beach does ordain as
follows:" No order for the payment of money shall be adopted or made at other than a regular or
adjourned regular meeting. Upon introduction, an ordinance shall be read by title only. Unless a
higher vote is required by other provisions of this Char the affirmative vote of at least four of
the City Council shall be required for the enactment o2� ordinance or for the making or
approving of any order for the payment of money. All ordinances shall be signed by the Mayor
and attested by the City Clerk.
(b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular
meeting held no less than five days after its g 4troduction. In the event that any ordinance is
altered after its introduction, it shall be finally adopted only at a regular or adjourned regular
meeting held no less than five days after the date it was so altered. The correction of
typographical or clerical errors shall not/Constitute the making of an alteration within the
meaning of the foregoing sentence.
(c) Publication. The City Clerk shall cause each ordinance to be posted in three places designated
by the City Council within the City and to be published by title with a brief summary at least
once within fifteen days after its/adoption in a daily, semiweekly or weekly newspaper,
published in the County or the City and circulated in the City, which is selected by the City
Council for that purpose. Current technology shall be used to ensure the widest possible
dissemination.
(d) Amendment. The amendment of any section or subsection of an ordinance may be
accomplished solely by/Ae re-enactment of such section or subsection at length, as amended.
(e) When Effective. Every ordinance shall become effective thirty days from and after the date of
its adoption, except the following, which shall take effect upon adoption:
(1)An ordinance calling or otherwise relating to an election;
(2) An improve nt proceeding ordinance adopted under some special law or procedural
ordinance relating thereto;
� ~C
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12-3419/82142 r
k-
Resolution No. 2012-51
(3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the
rate of property taxation, or levying the annual tax upon property.
r`
(4) An emergency ordinance adopted in the manner provided in this Charter. Aj
Codification. Detailed regulations pertaining to an subject and com rehensive codifications
(� � p g Y J p/
of valid ordinances may be adopted by reference, with the same effect as an ordinance, in the
manner set forth herein; however, such regulations and codifications eed not be published in the
manner required for other ordinances,but not less than three copies thereof shall be filed for use
and examination by the public in the office of the City Clerk prior to adoption. Ordinances
codified shall be repealed as of the effective date of the codification. Amendments to the code
shall be enacted by ordinance.
(g) Fireworks. The City Council shall not ban or oth 'se restrict the non-commercial use or
possession of California State approved fireworks i the City in any manner more restrictive than
set forth in City Ordinance No. 3932, adopted on 'ebruary 6, 2012.
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12-3419/82142
ATTACHMENT #2
RESOLUTION NO. 2012-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY
MEASURE TO AMEND THE CHARTER OF THE CITY OF HUNTINGTON BEACH
RELATED TO FIREWORKS, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF SAID MEASURE./
J�
WHEREAS, a General Municipal Election is to be held in�the City of Huntington Beach,
California, on November 6, 2012, at which there will be submidited to the voters a ballot measure
relating to a charter amendment, amending City Charter Section 500 by adding new Section
500(g)thereto entitled Fireworks; and
The City Council wishes to authorize arguments in favor of and in opposition to this
measure and authorize the preparation of an impartial analysis of this measure,
NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does
hereby resolve, declare, determine and as follows:
SECTION 1. That with respect to the measure entitled: "Shall the proposed Charter
Amendment, amending Section 500 of the Charter of the City of Huntington Beach by adding
new Section 500(g)thereto entitled Fireworks, as set forth in the proposed measure be
i
approved?"
a. That the City Council authorizes
i
r
f (Councilmember In Favor/Against)
(Councilmember In Favor/Against)
f (Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
members of that body, to file a written argument regarding the Measure as specified above in
accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California
1 _ -
12-3419/82141
1
Resolution No. 2012-52
and to change the argument until and including the date fixed by the City Clerk after.,which no
arguments for or against the Measure may be submitted to the City Clerk. Said/argument to
,f
be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if
submitted on behalf of an organization, the name of the organization/ancd the printed name and
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signature of at least one of its principal officers.
b. That the City Council directs the City Clerk ito transmit a copy of the Measure to
the City Attorney, unless the organization or salaries ofthe Office of the City Attorney are
affected. The City Attorney shall prepare an impartial analysis of the Measure showing the
effect of the Measure on the existing law and th operation of the Measure. If the Measure
affects the organization or salaries of the Office of the City Attorney,the City Clerk shall prepare
the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for
the filing of primary arguments.
SECTION 2. That the Ci-,Y Clerk shall certify to the passage and adoption of this
Resolution and enter it into the/book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
i
regular meeting thereof held on the day of 2012.
r
e
r
!/ Mayor
i
INITIATED, REVIEWED AND APPROVED: APPROVED AS TO FORM:
Ci nistrator /'City Attorney
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12-3419/82141
ATTACHMENT #3
RESOLUTION NO. 2012-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON/TUESDAY,
NOVEMBER 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TJ BE HELD ON
THE DATE PURSUANT TO SECTION 10403 OF THE ELECTI NS CODE.
WHEREAS, the City Council of the City of Huntington/Beach is submitting to the
voters a question relating to a charter amendment, amending S dtion 500 of the Huntington
Beach Charter by adding new Section 500(g) thereto entitled Fire orks; and
It is desirable that the General Municipal electio e consolidated with the Statewide
General election to be held on November 6, 2012, and that within the City of Huntington Beach
the precincts, polling places and election officers of the
/xwo elections be the same, and that the
County election department of the County of Orange canvass the returns of the General
Municipal Election and that the election be held in al respects as if there were only one election;
NOW, THEREFORE, the City Council of e City of Huntington Beach does hereby
resolve as follows:
1. That pursuant to the require ents of Section 10403 of the Elections Code, the
Board of Supervisors of the County of O ange is hereby requested to consent and agree to the
consolidation of a General Municipal E17tion with the Statewide General election on Tuesday,
November 6, 2012, for the purpose of almeasure which is to appear on the ballot as follows:
"Shall the proposed�Charter Amendment, amending YES
Section 500 of the/Charter of the City of Huntington
Beach by adding/new Section 500(g) thereto entitled
Fireworks, as set forth in the proposed measure be NO
approved?"
J
2. That the County of Orange election department is authorized to canvass the
returns of the General Municipal Election. The election shall be held in all respects as if there
were only one election, and only one form of ballot shall be used.
3. Th the Board of Supervisors is requested to issue instructions to the County of
Orange election epartment.to take any and all steps necessary for the holding of the
consolidated el ction.
4. That the City of Huntington Beach recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for
any costs.
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12-3419/82140
Resolution No. 2012-53
5. That the City Clerk is hereby directed to file a certified copy of this resolution
with the Board of Supervisors and the County election department of the County of Orange.
6. That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of/Huntington Beach at a
regular meeting thereof held on the day of , 20
Mayor
ACitg;er
VIEWED AND APPROVED:
APPROVED. AS TO FORM:
City Attorney
{
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12-3419/82140
a
.� CITY OF HUNTINGTON BEACH
City Council interoffice Communication
To: Honorable City Council Members
From: Don Hansen, Mayor
Date. July 11, 2012
Subject: CITY COUNCIL MEMBER ITEM FOR TIME JULY 16, 2012, CITY
COUNCIL MEETING— CHARTER AMENDMENT FOR SALE OF
CALIFORNIA STATE-APPROVED FIREWORKS
STATEMENT OF ISSUE:
This past 4t' of July has validated the fact that our community can use California-
approved fireworks appropriately to celebrate our nation's independence. I have
received significant feedback from many of our residents expressing their solid approval
of our prior decision to rescind the ban.
In an effort to further validate the community's support and to protect this decision from
being used for political theater in the future, I propose that we place the final decision of
this policy in the hands of the voters of Huntington Beach.
RECOMMENDED ACTION:
Direct the City Attorney to draft a Charter Amendment to be placed on the November
2012 Ballot that prohibits the City of Huntington Beach from restricting the sale of
California State-Approved Fireworks in any manner that would be inconsistent with our
currently approved policies and ordinances.
xc: Fred Wilson, City Manager
Paul Emery, Deputy City Manager
Bob Hall, Deputy City Manager
Jennifer McGrath, City Attorney
Joan Flynn, City Clerk
Esparza, Patty
From: Surf City Pipeline [nore I ovoutreach.com]
Sent: Monday, July 16, 201 3:59 PM
To: CITY COUNCIL; agendaa a s@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 11723 from the Government Outreach System has been assigned to Johanna Stephenson.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Linda Moon
Description: I am strongly opposed to the mayor's proposal to amend the city charter to prohibit
restriction of fireworks. This proposal disregards the safety of Huntington Beach .
residents and is contrary to the recommendations of the Police and Fire Chiefs, the
Orange County Grand Jury, the National Association of Pediatrics and the National Fire
Protection Association. I experienced many illegal fireworks in my neighborhood as
well as illegally ignited legal fireworks. Neighborhood pets were traumatized. Only
humid weather, the mid-week calendar position and weak public awareness of the
legalization of fireworks in HB saved us from major disasters. Our police and fire
resources were over burdened. We were assured that the 2 year "test" period would be
followed by thorough analysis of the impacts before further action would be taken.
Clearly this was an insincere promise.
Expected Close Date: 07/17/2012
Click here to access the request
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monitored and will be ignored.
SUPPLEMENTAL
COMMUNICATION
Nee:rLla�
Agenda Item No.���
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, July 16, 20 2:58 PM SUPPLEMENTAL
To: Esparza, Patty COMMUNICATION
I N
Subject: FW: Fireworks
Importance: High ,t
Mft*V Date: 6
Agenda Item
From: Vince Masslon [mailto:vincemasslon@socal.rr.com]
Sent: Friday, July 13, 2012 2:25 PM
To: CITY COUNCIL
Subject: RE: Fireworks
Importance: High
I understand that Mayor Don Hanson now wants to put the legalization of fireworks on the November ballot to amend
the city charter legalize the use of safe and sane fireworks going forward.
I can assure you my neighbors and I will work to insure the Mayor and any city council person supporting the
legalization are not re-elected to city government.
The legalization of safe and sane fireworks make it impossible for the police and fire department to curtain the
indiscriminate use of dangerous illegal fireworks in the city. Not only during the days leading up to the holiday but
during the week following the 4th. Fireworks are STILL going off nightly in the neighborhood at 10-11 PM
isn't the parade and wonderful fireworks display at the pier enough??
Vince & Marta Masslon
From: Vince Masslon [mailto:vincemasslon@socal.rr.com]
Sent: Thursday, July 05, 2012 2:06 PM
To: 'city.counciI@surfcity-hb.org'
Subject: FW: Fireworks
Importance: High
My wife and I are 22 year residents of Hunting Beach and this past 41h of July was the worst experience we have had
since moving to this wonderful city.
I attribute the legalization and sale of safe and sane fireworks to the massive indiscriminate use of dangerous illegal
fireworks throughout the city.
Our house was hit several times with bottle rockets last night and we were continuously bombarded with aerial rockets
from around 7:30 PM to past midnight. People were throwing M80's and our windows were shaking.
I witnessed a police helicopter warn someone over the loud speaker regarding the firing of commercial grade rocket
into the sky. In my opinion they should have been arrested but I realize the police had their hands full all day& night.
I realize the city voted for a 2 year test in the sale and use of safe and sane fireworks but I implore each of you to please
reinstate the fireworks ban in Huntington Beach as soon as possible. The legalization of some fireworks opens the door
for the mass and indiscriminate use of the dangerous illegal variety while making it impossible for the police to
effectively do their job in protecting innocent bystanders.
Vince & Marta Masslon
1501 Backbay Circle
Huntington Beach,' CA 92648
2
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, July 16, 201 6:32 PM
To: Connie Boardman, Devlin er; Joe Shaw; Keith Bohr; Matthew Harper
Cc: Esparza, Patty
Subject: FW: Resident opposing fireworks sales/supporting strict enforcement of firework law
-----Original Message-----
From: John Cassady [mailto:jfc118@surfside.net]
Sent: Monday, July 16, 2012 5:31 PM
To: Hansen, Don; Dwyer, Devin; Boardman, Connie; Bohr, Keith; Carchio, Joe; Harper, Matthew;
Shaw, Joe
Cc: Fikes, Cathy
Subject: Resident opposing fireworks sales/supporting strict enforcement of firework law
Dear Huntington Beach City Council
I would like Huntington Beach to raise the bar on neighborhood firework restrictions.
Additionally, I would very much like Huntington Beach to strictly enforce the law(s) which relate to
fireworks use by my fellow citizens. (I'm talking revenue streams just in my neighborhood.) A 100%
ban works for me. Related heavy fines also work.
It's my opinion that legal sales are the gateway to illegal usage. I don't like the jolting explosions,
sulfuric smoke, and ashed and liter in the streets - draining to the ocean.
I don't embrace celebrating America in this fashion. As I talk to my neighbors the majority are anti-
firework sales. I admit there are a few who shared that it's their "right as Americans"
to celebrate in this fashion .... "it's only for one day." Well, the "celebrations" and disruptions are not
just for one day.
Thank you for reading my message and I sincerely hope our City Council will stop this craziness by
banning firework sales and strongly endorse fines for illegal usage.
Kind regards,
John Cassady
752 Sandglass Dr. SUPPLEMENTAL
HB, CA. 92648 COMMUNICATION
Date:_, C�
Agonds 1*n No.
i
Esparza, Patty
From: Surf City Pi line jnoreply@ ovoutreach.com]
Sent: Tuesday, July 17, 2012 9:07 AM
To: CITY COU agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 11736 from the Government Outreach System has been assigned to Johanna Stephenson.
Request type: Compliment SUPPLEMENTAL
Request area: City Council - Agenda& Public Hearing Comments COMMUNICATION
Citizen name: Walter Fernandez
Description: �k► ft Dater
From: Fernandez, Walter I.
Sent: Tuesday, July 17, 2012 8:41 AM Agenda To: connie.boardman@surfcity-hb.org item �'-.
Cc: bevsrabbits@msn.com; Chepeka@aol.com; kmn@ix.netcom.com;
joesha@yahoo.com
Subject: Fireworks
Dear Connie,
You are a woman of great strength to be able to sit at the table with most of these guys.
I admire you for that. I do not know how you do it. I also greatly appreciate Mr. Shaw's
statements. However, this council has proven itself to be the political policy arm of the
big commercial interests and the mob that nourishes their profits. They are not even
willing to use a small fraction of the profits for necessary revenues. Clearly the
necessities of public safety do not concern this gentlemen. Last night I saw a great
display of callousness, claims that complaints were ideologically motivated fabrications,
recognition and acceptance of the Mayor's "personal" emails as evidence, rejection of
the fire and police service leaders recommendations/experiences, and hiding behind the
democratic front of the referendum and the "wisdom" or general will of the people -the
people's pleasure. I am reminded that gladiatorial games, races, and days of revelry were
paid for by oligarchical political candidates and demagogs, not that I am saying that the
current ordinance is the same as the previous two forms of ancient mass diversion. The
Mayor's hug of the proletarian who many times gives our city its stereotypical image
was the most honest act I beheld. Quite clearly most of the those on the council believe
that the suffering of a minority of residents plus the trash and delinquency on the 4th is a
tolerable, acceptable,and necessary cost outweighed by the profits generated to local
businesses, the campaign contributions, and the popular vote. The tyranny of the
minority of animal lovers and fireworks haters was denounced against the defenders of
popular democracy. The people, that mass of busy individuals with their families and
personal interests, are easily led and manipulated by those with the money and ability to
spin information into a favorable impression based, of course, upon a foundation of well
accepted mythological distortions. The "people" know best?No, sir, not always. Last
night finally pushed me in th e direction of aristocracy and enlightened despotism.
Thank you, Councilmembers Boardman and Shaw for fighting the good fight yesterday.
Attentively,
i
Walter Fernandez,
Resident
PS: No, we did not say we supported legal fireworks. Perhaps we should have said that
we prefer to have two years in which to prepare to unseat some of the councilmembers
and overturn the ordinance. Ordinances can be overturned by vote of the council, but the
plebiscite changing the charter firmly plants legalized fireworks in our city. But for me
there will be no next time visit to the council.
Expected Close Date: 07/18/2012
Click here to access the:xequest
Note:This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
2
ESparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Thursday, July 12, 2012 1:24 PM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 11676 from the Government Outreach System has been assigned to Johanna Stephenson.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Elaine Parker
Description: I have never been in HB on the 4th- am always in Garden Grove with family having a
barbecue and fireworks. This year, still went to Garden Grove but I did have the pleasure
of buying fireworks here in HB and helped to support the Marina Football/Wrestling
Club - buying here in HB is always a good thing for our community. When we got
home, did not see HB burning as I was led to believe. I like and enjoy fireworks and
hope that the city council continues to allow them here at HB. My neighbors said that
everything was quiet about 9pm and no problems. We were glad to hear that. As for the
illegals, well we will always have that problem but for us countless of families that have
grown up with fireworks for the 4th, it was great fun for three generations of our family
Expected Close Date: 07/13/2012
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
unonitored and will be ignored.
SUPPLEMENTAL
COMMUNICATION
Acting Date:
Agenda Item No.
1
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Saturday, July 14, 2012 12:26 PM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 11701 from the Government Outreach System has been assigned to Johanna Stephenson.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Mary Jo Baretich
Description: Dear Council members
Please vote NO on July 16, 2012 City Council Agenda Item Number 22. This an item
submitted by Mayor Don Hansen regarding a change to the City Charter which would
"prohibit the City of Huntington Beach from restricting the sale of California State-
Approved Fireworks in any manner that would be inconsistent with our currently
approved policies and ordinances."
The City Council majority had previously voted to have a trial period of only two years
for the allowance of the use of so-called "safe and sane" fireworks, against the outcry of
the citizens of Huntington Beach. The experiment during the pre-July 4th through the
post-July 4th activities failed in the eyes of a significant number of Huntington Beach
residents.
The lifting of the 1987 ban on"safe and sane" fireworks went against the citizens
wishes, the recommendations from the Chief of Police,the Fire Chief, the Director of
Public Works, and the three Grand Jury reports of 1987, 1989 and 2008.
With no ban on"safe and sane"fireworks this year, the use of illegal fireworks
escalated, and the city police and fire services were overwhelmed with dangers to the
health and safety of our community.
The future prospect of escalating physical damages, noise annoyances, animal stress,
especially in our wetlands, and fire danger are not what we citizens consider
"acceptable" conditions for living in Huntington Beach. As they become aware of the
lifting of the ban on these "safe and sane" fireworks, every year will being more visitors
armed with more dangerous illegal fireworks. The beach this year was a mad house of
explosions. Are we projecting a"Wild West" atmosphere in our city? Please bring
respect back to our city.
Again, please vote against Item 22 for the safety of our citizens in Huntington Beach.
Thank you, SUPPLEMENTAL
Mary Jo Baretich 'COMMUNICATION
21752 Pacific Coast Hwy #23A
Huntington Beach, CA 92646 Mwft Date: TZ
i
Apsnda Item No. C
(714) 960-9507
Expected Close Date: 07/16/2012
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2
Esparza, Patty
From: Fikes, Cathy
Sent: Monday, July 16, 2012 10:37 AM
To: Esparza, Patty
Subject: FW: charter amendment regarding fireworks ordinance
From: Dave Rollins [mailto:droII13@verizon.net]
Sent: Monday, July 16, 2012 8:52 AM
To: Hansen, Don; Dwyer, Devin; Boardman, Connie; Bohr, Keith; Carchio, Joe; Harper, Matthew; Shaw, Joe
Cc: Fikes, Cathy
Subject: charter amendment regarding fireworks ordinance
I just sent the following to all council members using the online form on the city website. Unfortunately, a pop-
up window said it won't be addressed until 7/30. That's too late, so I'm repeating the text of my comment
(slightly edited to correct typos and for clarification) here:
The fireworks ordinance was quietly passed as a 2-year trial- ignoring the recommendations of the Fire Chief
and Police Chief, and without bothering to poll city residents for their wishes. I understand that there's an
agenda item for the 711612012 meeting to sneakily scrap the 2-year trial aspect, making fireworks sales & use
permanently legal unless the voters overturn it in the future. And we all know that the fireworks companies will
buy the outcome of any vote.
Do NOT support this proposed amendment. At the very least, wait for an assessment of the results of the first
year's consequences. How many fireworks-related calls? How many calls responded to vs those you couldn't get
to because of the backlog? How many citations?Any injuries or property damage? How much did the five 3-
person teams cost the city?
Legalizing fireworks in HB creates situations that encourage loudparties and alcohol use, and then adds
fireworks to the mix. A very bad combination - common sense predicts that.
Do we really want our city to become another Garden Grove (associated with liquor stores on every corner,
massage parlors across the street, and fireworks stands)? I'd like to think that HB has a little more class than
that.
(Please respond via email-I get so many unsolicited phone calls that I answer only if I recognize the caller.)
Thank you.
Dave Rollins
5711 Marshall Drive, HB 92649 SUPPLEMENTAL
COMMUNICATION
Agenda JtM No. �
I
Esparza, Patty
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, July 16, 2012 1:45 PM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 11720 from the Government Outreach System has been assigned to Johanna Stephenson.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Ellen Vander Kallen
Description: To HB Council,
I am a resident located at 21851 Newland St, in the "Huntington By The Sea Mobile
Home Park". What was witnessed on July 4th was really appalling and unbelievable.
There were numerous neighbors shooting off illegal and legal fireworks! One party
along the Wetlands was shooting off rockets toward the people as they were leaving the
beach after viewing the fireworks off the pier. These dangerous objects traveled higher
than the telephone poles reaching out more then 200 feet. After a long delay security
showed up at the scene.
It is important that the council reverses its decision allowing the sale and use of safe
fireworks in HB. You are promoting all fireworks at the detriment of our lives and
property. Remember that our homes are spaced only 5 feet apart, our construction is
lighter then permanent structures, and it takes only a few minutes to destroy what we
cherish the most!
Sincerely
Francis VanderKallen
(retired fire captain)
Expected Close Date: 07/17/2012
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monitored and will be ignored.
SUPPLEMENTAL
COMMUNICATION
Date: 7 -/6 /vim
44we Item No. 4 -
Esparza, Patty
From: Surf City Pipeline[noreply@user.govoutreach.com]
Sent: Monday, July 16, 2012 2:17 PM
To: CITY COUNCIL; agendaalerts@surfcity-hb.org
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 11721 from the Government Outreach System has been assigned to Johanna Stephenson.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Maria Young
Description: I am writing to oppose the City Council Agenda Item Number 22. I witnessed residents
in my community shooting fireworks across Newland barely missing a car and a
pedestrian and then finally hitting the AAA Animal Hospital. I called 911 and reported it
and as of this date have not received a response. With the current limitations of fire and
police in our city, I feel the sale of fireworks is and was a bad idea. This was supposed to
be a trial and I feel this trial period failed. Please don't make money a deciding factor
when making your decisions. You can't put a dollar amount on someone who loses their
home by someones ignorance, or a dollar amount on someone losing their eyesight
because some people think it's "fun" to shoot fireworks at people. The pier fireworks
have been wonderful and I have enjoyed them from the beach in front of my house for
14 years. PI ease don't ruin something that has worked for many many years. Please say
No, to allowing fireworks in the City of Huntington Beach
Expected Close Date: 07/17/2012
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monitored and will be ignored.
SUPPLEMENTAL
COMMUNICATION
MSO*V Date: : -!
Ageride Item No.�
HUNMGT ON BAY
10199 Hnlburn Drive
Huntington Beach,CA 92646
(714)962-2951
The board of directors for the Huntington. Bay Homeowners
Association met July 2, 2012. One of the items on the agenda was
how to deal with legalization of safe and sane fireworks in the City
of Huntington Beach. The consensus of the board was, "Let's see
what happens." The corollary was, "Hopefully we are wrong
about what we think will happen."
Unfortunately we-were right. There were bottle rockets,
skyrockets, roman candles, and some very loud fireworks. As
volunteer HOA board members, we are neither educated nor
experienced in distinguishing safe and sane fireworks (so-called)
from illegal fireworks. However, it was evident some of the
fireworks set off in Huntington Bay were beyond the scope of safe
or sane.
It is notable the city council continued to ban safe and sane
fireworks at the beach and public parks, yet legalized them in high
density residential developments. In Huntington. Bay we have a
fair share of scofflaws, folks who resist city laws and HOA rules.
Some of us cannot pick up after our dogs although it's a city law
and an HOA rule. If we cannot pick up poop, how can we be
trusted to play with fire? The question is rhetorical, of course.
Where do we draw the line between liberty and personal
responsibility? I for one ask that the city council reconsider
legalization of safe and sane fireworks. And please let's not go
near dog poop — Let's leave that one on the books.
RECEIVED FRCO4M� f SzS�
Paul Haussler AS PUBLIC RECORD FOR UK 9-E
Huntington Bay Homeowners CITY CLERK OFFICE %
JOAN L FLYNN,CITY CLERK