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HomeMy WebLinkAboutOmnipoint Communications, Inc. a T-Mobile USA, Inc. Subsidia (2) Page I of I Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Friday, August 21, 2009 10:57 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 1621 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Question Request area: City Council - Comment on Agenda Items Citizen name: Peggy Tracy Description: Dear Attorney McGrath, It has been a while but I wanted to check in with you regarding the status of T- Mobile and a cell tower'in Bolsa View Park. Our sewage construction project is wrapping up and they will be repaving the street next week. We are all looking forward to getting our road and park back (although I have enjoyed being on a culdesac). I read the letter Attorney McGrath sent to T-Mobile. I am wondering if there is any change in status on the project?Are we safe from having a cell tower installed without notice? What has been T-Mobile's response? Is the Federal suit going forward? As we have stated before, if we do have to have a tower installed, we would like to add our input into what it will look like and where it will be as there are more reasonable alternatives. Thank you for any update you have to offer. Sincerely, Peggy Tracy Expected Close Date: 08/24/2009 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 monitored and will be ignored. 8/21/2009 �949 ; Zia �CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council hers From: Joe Carchio, City Council Mem er Date: April 27, 2009 Subject: CITY COUNCIL ITEM FOR MA 4 09, CITY COUNCIL MEETING— AMEND HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE, SECTION 230.96— WIRELESS COMMUNICATION FACILITIES STATEMENT OF ISSUE: I attended a community meeting on Thursday, April 23, 2009, regarding the construction of a cell phone tower at Harbour View Park immediately adjacent to the Harbour View Elementary School. The surrounding residents expressed concerns regarding the location of the cell phone tower, the possible exposure of the school children to radio waves from the cell phone tower, and the lack of public notification about the installation of the cell phone tower. Also, we heard several speakers express additional concerns regarding such wireless communication facilities at our special Council meeting on Monday, April 27. We voted that evening to direct staff to amend the HB Zoning and Subdivision Ordinance to require a public hearing and notification to property owners within 500 ft. for wireless communication facilities. In addition to the above motion, I ask the City Council to consider directing staff to amend the zoning ordinance regarding wireless communication facilities to address the following issues: 1. Prohibit wireless communication facilities on City-owned park land that is adjacent to an elementary school. 2. Require all future cell site locations to have City Council approval. RECOMMENDED ACTION: Direct staff to process a zoning text amendment to amend the Huntington Beach Zoning and Subdivision Ordinance Section 230.96, Wireless Communication Facilities, to address the issues identified above. xc: Fred A. Wilson, City Administrator Bob Hall, Deputy City Administrator Jennifer McGrath, City Attorney Scott Hess, Planning Directo 774o Print Request Request: 783 Entered on: 05/04/2009 09:11 AM By: Pat Dapkus Customer Information Name:Peggy Tracy Phone:714 330 8630 Address:17831 Whitford Lane Alt. Phone: Huntington Beach, CA 92649 Email:pegsgq@verizon.net Request Classification Topic:City Council-Comment on Agenda Items Request type:Comment Status:Closed Priority:Normal Assigned to:Johanna Stephenson Entered Via:Phone Description Dear Mayor and City Council Members, I cannot believe you are still considering going ahead with installing the T-Mobile cell phone tower in Bolsa View Park. 1. No residents within 500 feet have been notified of this as you noted should have happened in your last meeting when the Harbor View Park cell phone tower was discussed.Again,just as with Harbor View,the plan was made with no input from the residents. This is unacceptable. 2.According to 230.96 site standards if our own City Ordinance, 'The purpose of this Section is to encourage and facilitate wireless communications throughout the City,while preventing visual clutter by locating wireless communication facilities outside of residential zones and where they are invisible to pedestrians, and co-located with other facilities.All wireless communication facilities shall comply with these regulations with regard to their location, placement, construction, modification and design to protect the public safety, general welfare, and quality of life in the City of HB. Bolsa View Park is a very narrow park.Wherever the tower is planned to be located, it will be within only 50-200 feet of some of the homes surrounding it.We cannot accept being subjected to the electromagnetic radiation (EMR)this tower will emit. Placement of this tower is in direct conflict with our own city ordinance.A cell phone tower is an eyesore to the community. Bolsa View Park is frequented by dozens of residents every day, including children who are especially vulnerable to EMR emitted by cell phone towers. The residents will not sit still for this. If you think Harbor View was a difficult situation that you would like to avoid in the future, you can rest assured that you will face the same fight from residents surrounding Bolsa View Park. My suggestion is that the cell towers be placed on top of commercial buildings, near commercial areas or near freeways. Also, as we can all assume that the oil pumps on the Bolsa Chica will not be going anywhere as long as there is oil to be pumped,why not locate a cell tower in that area?Camouflaged cell towers are much less of an eyesore than the oil pumps and will not be a hazard to residents. I appreciate your consideration and will be seeing you tonight. Peggy Tracy 17831 Whitford Lane HB, CA 92649 pegsgq@verizon.net 714 330 8630 Reason Closed Thank you for your comments on this item.Your comments have been forwarded to city council for their consideration.A copy of your comments will also be forwarded to the City Clerk to be included in the record on this item.Again,thank you for taking the time to make your views known. Date Expect Closed: 05/05/2009 Date Closed: 05/04/2009 09:11 AM By: Pat Dapkus Enter Field (Votes Below Notes: http://user.govoutreach.com/surfcity/printrequest.php?curid=243797&type=0 5/4/2009 Esparza, Pattry From: Surf City Pipeline [surfcity@user.govoutreach.com] Sent: Monday, May 04, 2009 3:10 PM To: Esparza, Patty Subject: Surf City Pipeline: Message About Request#: 786 [99439099439] ---Enter your reply above this line--- Message from employee: Patty)Esparza sent you this message about Request# 786 Reply to this email to send any comments or message back to the sender. Message: add to lc Request Information Request type: Comment Request area: City Council - Comment on Agenda Items Requestor name: Peggy Tracy Assigned To: Johanna Stephenson Description' : I agree 100%1!! Please reconsider the use of Bolsa View park for a cell ' phone tower. I'm sure there is another location better suited...like the wetlands. Ed & Terry Cadden ---- ----- Original Message ----- From: "Peggy Tracy" <pegsgq@verizon.net> '`,,To: <city.council@surfcity-hb.org> Cc:\<pegsgq@verizon.net> Senf:.Monday, May 04, 2009 8:49 AM Subject:.,�NO CELL TOWER IN BOLSA VIEW PARK!!! > Dear Maybr,and City Council Members, , >I cannot belie&you are still considering going ahead with installing the > T-Mobile cell phone tower in Bolsa View Park. 1.No residents within 50©.feet have been notified of this as you noted > should have happened in your last meeting when the Harbor View Park cell >phone tower was discussed.`Again,just as with Harbor View, the plan was >made with no input from the residents. This is unacceptable. > 2. According to 230.96 site standards},if our own City Ordinance, "The >purpose of this Section is to encourage-and facilitate wireless > communications throughout the City, while preventing visual clutter by > locating wireless communication facilities outside of residential zones > and >where they are invisible to pedestrians, and co-located with other > facilities. All wireless c mmu ication facilities shallcomply with these 5/4/2009 < � ✓''I' Ross, Rebecca From: Flynn, Joan Sent: Friday, April 24, 2009 1:26 PM To: Ross, Rebecca Subject: Fw: Surf City Pipeline: Comment on an Agenda Item (notification) Joan L. Flynn, CIVIC Huntington Beach City Clerk From: Surf City Pipeline <noreply@user.govoutreach.com> To: CITY COUNCIL; agendaalerts@surfcity-hb.org Sent: Wed Apr 22 17:05:32 2009 Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#673 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Question Request area: City Council - Comment on Agenda Items Citizen name: Jeff Windle Description: From: ffwinman@aol.com [mailto:ffwinman@aol.com] Sent: Wednesday, April 22, 2009 8:40 AM To: CITY COUNCIL Subject: Fwd: cell phone tower Dear Mayor and City Council Members, I would like to know who made the decision to install a Cell Tower at Harbour View Elementary School. Was an Environmental Impact Study done? There are a lot of parents concerned about the health of their children and are asking legitimate questions. I would hope if the City Council made the decision to let a private for Profit Company install this equipment, that you did some research. I've attached some links that raise legitimate concerns about long term exposure to Non Ionizing Radiation and the effects on children in the most important developmental stages of their lives. In a world that children are exposed to so many things that can have a negative impact on their lives. I would hope, that schools are still one place that they can count on to be safe. Thank You, Jeff Windle http://www.epa.gov/radtown/wireless-tech.html 4- 17- O q http://deainfo.nci.nih.gov/advisory/pcp/pcp0109/summary.pdf http://www.buergerwelle.de/pdf/critics fight to restrict cell towers.htm �� / a 1 ah ft- htD://www.pps. kl2.or.us/news-c/faq/cell_phone.php http://www.gilroydispatch.com/-printer/article.asp?c=61540 Expected Close Date: 04/23/2009 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 monitored and will be ignored. z Ross, Rebecca From: Flynn, Joan Sent: Friday, April 24, 2009 1:25 PM To: Ross, Rebecca Subject: Fw: Surf City Pipeline: Comment on an Agenda Item (notification) Joan L. Flynn, CIVIC Huntington Beach City Clerk From: Sun`City Pipeline <noreply@user.govoutreach.com> To: CITY COUNCIL; agendaalerts@surfcity-hb.org Sent: Fri Apr 24 13:23:03 2009 Subject: Sun`City Pipeline: Comment on an Agenda Item (notification) Request#693 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Nolann Blokdyk Description: From: Nolannl9@aol.com<Nolannl9@aol.com> To: CITY COUNCIL Sent: Fri Apr 24 12:52:11 2009 Subject: Cell Tower near Harbour View School Good Afternoon, As I am sure you have all become aware there is great concern about the cell tower being built by T-Mobile that is within feet of Harbour View Elementary School. At the Town Hall meeting last night parents and concerned community members provided Keith Bohr and the representative from T-Mobile with plenty of information as to why this project should have never began, and should not continue. I am asking you to make a conscientious vote on Monday at the emergency meeting. Our future - our children - are counting on you. Sincerely, Yn Nolann Blokd Yk � Parent of 3 Harbour View students 4. �7y o -J Expected Close Date: 04/27/2009 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 monitored and will be ignored. / � 6 P� 0 M a&f' i Xq Ross, Rebecca From: Flynn, Joan Sent: Friday, April 24, 2009 1:33 PM To: Ross, Rebecca Subject: Fw: Surf City Pipeline: Comment on an Agenda Item (notification) Joan L. Flynn, CIVIC Huntington Beach City Clerk From: Surf City Pipeline <noreply@user.govoutreach.com> To: CITY COUNCIL; agendaalerts@surfcity-hb.org Sent: Fri Apr 24 13:28:23 2009 Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 694 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Charlene Bauer Description: From: ralph<rbauerl022@verizon.net> To: CITY COUNCIL Sent: Fri Apr 24 12:48:43 2009 Subject: tower The cable tower in Harbour View park is commercial and costly an may have required a Measure C vote. Your vote was taken on a concent calendar without discussion or informing the surrounding area including the Harbour View School. Charlene Bauer Expected Close Date: 04/27/2009 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 monitored and will be ignored. 4 ��� Ross, Rebecca From: Flynn, Joan Sent: Friday, April 24, 2009 2:09 PM To: Ross, Rebecca Subject: Fw: Surf City Pipeline: Comment on an Agenda Item (notification) Joan L. Flynn, CMC Huntington Beach City Clerk From: Surf City Pipeline <noreply@user.govoutreach.com> To: CITY COUNCIL; agendaalerts@surfcity-hb.org Sent: Fri Apr 24 14:05:39 2009 Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#695 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Bruce Fieser Description: Mr. Rieser phoned in his concern about the cell tower being installed at Harbour View Park. He does not understand why the city allowed this to go next to a park and grade school. Why was there no notification to residents? He wants to go on record as being opposed to the cell tower. Expected Close Date: 04/27/2009 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 monitored and will be ignored. .t ul q a Ross, Rebecca From: Stephenson, Johanna Sent: Friday, April 24, 2009 2:16 PM To: Wilson, Fred; Hall, Bob; Emery, Paul; CITY COUNCIL Cc: Ross, Rebecca Subject: FW: DOCS1-#1008410-v2- Letter_Mayor_Bohr_re_Wireless_Communication_Facility_in_Harbor_View_Park Attachments: DOCS1-#1008410-v2- Letter Mayor_Bohr re_Wireless_Communication_Facility_in_Harbor_View_Park.pdf I will print copies for Council and Fred. Bob or Paul just let me know if you would like a copy too. Johanna Stephenson I Admin. Assistant City Administration I City of Huntington Beach 1 0:714.536-5575 F:714.533.5233 I johanna.stephenson(a)surfcity-hb.org From: Munoz, Patrick [mailto:pmunoz@rutan.com] Sent: Friday, April 24, 2009 2:13 PM To: Stephenson, Johanna Cc: Worthington, Glen Subject: DOCS1-#1008410-v2-Letter_Mayor_Bohr_re_Wireless_Communication_Facility_in_Harbor_View_Park Dear Johanna,thank you for agreeing to distribute the attached correspondence to the Council and City Administrator. A hard copy will follow by mail. Please confirm your receipt of this email. Thank you. Patrick Munoz 4 IT 0 RUTAN A.Patrick Munoz A' I't VIYS \V I A' Direct Dial:(714)662-4628 April 24, 2009 VIA ELECTRONIC MAIL AND FIRST CLASS MAIL Mayor Keith Bohr Council Member Joe Carchio 2000 Main Street Huntington Beach, CA 92648 Re: Wireless Communication Facility in Harbor View Park Dear Mayor Bohr and Council Member Carchio: On behalf of our clients, we thank you for attending yesterday evening's community meeting regarding the proposed installation of a 55-foot-tall cell phone tower (the "T-Mobile tower") mere steps from Harbor View School. We are very pleased with your decision to set a special meeting Monday, April 25th, to allow the City Council to reconsider the T-Mobile tower project, as well as your commitment to advocate the view unanimously expressed by the community. We are providing this letter to assist you in advocating our clients' position, and to advise the Council that it has both the opportunity and legal justification to terminate the Site License Agreement (the "License") between the City and Omnipoint Communications, Inc., a T-Mobile subsidiary (hereafter "T-Mobile"), and to void Wireless Permit No. 07-042 (the "Wireless Permit"). T-Mobile's License states: "Licensee [T-Mobile] shall, at Licensee's sole cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state and county and municipal, required by Licensee's use and occupancy of the Property." (License, § 10.04, emphasis added.) As set forth in detail below, the Wireless Permit issued to T-Mobile does not comply with the City's Wireless Communications Facilities ordinance (the "Wireless Ordinance"). Additionally, T-Mobile has not complied with the California Environmental Quality Act ("CEQA") and the California Coastal Act. As a result of these defects, T-Mobile has not complied with all statutes, ordinances, etc. required for its proposed use and occupancy of the tower site. Consequently, the City may terminate the License for cause, since T-Mobile is in default under License section 10.04. (See License, § 6.02(a).) The City's Wireless Ordinance sets forth a precise framework for the approval of a wireless communication facility. The City, and consequently T-Mobile, failed to comply with various mandatory provisions of that ordinance as noted below: Rutan & Tucker, LLP 1 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 1 714-641-5100 1 Fax 714-546-9035 2287/099999-0090 Orange County I Palo Alto I www.rutan.com 1008410.02a04/24/09 RIUTAN Mayor Keith Bohr Council Member Joe Carchio April 24, 2009 Page 2 • Zoning Code section 230.96(F)(9) states that "Any wireless communication facility to be placed over, within, on, or beneath City property shall obtain a lease or franchise from the City prior to applying for a Wireless Permit and an administrative or conditional use permit." (Emphasis added.) In violation of the Wireless Ordinance, T-Mobile obtained a license, not a lease or franchise for the placement of the tower on City property. Additionally, in violation of the Wireless Ordinance, T-Mobile applied for its Wireless Permit in August 2007, nearly a year and a half before it obtained its License, rather than doing so after a lease or franchise is obtained as required by the City's Zoning Code. • Zoning Code section 230.96(E)(2) requires a conditional use permit("CUP") if either: (1) a wireless communication facility exceeds the "maximum building height permitted within the zoning district" or (2) is "[v]isible from beyond the boundaries of the site at eye level." The "Maximum Height of Structures" in the OS-PR zone is clearly listed as 45 feet (Zoning Code, § 213.08) and hence the proposed 55-foot-tall tower requires a CUP. Staff incorrectly indicated last evening that Zoning Code section 230.72, which provides a 10-foot exception to the maximum permitted height for transmission antennae, obviated the need for a CUP. This is wrong for two reasons. First, the exception which allows an additional 10 feet does not obviate the fact a CUP is required for any structure exceeding the stated maximum height of 45 feet. In addition, it does not obviate the fact a CUP is needed because the T-Mobile tower will be visible at eye level beyond the park site—namely a few feet away at the Harbour View Elementary School. In violation of the Wireless Ordinance, T-Mobile failed to obtain a CUP. • Zoning Code section 230.96(E)(3) requires design review for any wireless communication facility located in the OS-PR zone or within 300 feet of a residential district if a CUP is required. The exception to the CUP requirement listed in Zoning Code section 230.96(E)(3) is inapposite because, as stated in the foregoing bullet point, the T-Mobile tower requires a CUP. Thus, in violation of the Wireless Ordinance, T-Mobile failed to obtain design review. • The Zoning Code, independent of the Wireless Ordinance, states that discretionary review shall be required by the Design Review Board of all projects within the OS-PR zone or within 500 feet of a PS district. (Zoning Code, § 213.10.) The T-Mobile tower meets both criteria. In violation of the OS-PR zoning, T-Mobile failed to obtain this required design review. • CEQA requires environmental review of all discretionary projects. CEQA defines a project to include "the issuance to a person of a lease,permit, license, certificate, or 2287/099999-0090 1008410.02 a04/24/09 RUTAN Mayor Keith Bohr Council Member Joe Carchio April 24, 2009 Page 3 other entitlement for use by one or more public agencies." (Pub. Resources Code, § 21065(c), emphasis added.) In dereliction of CEQA, no environmental review was performed with respect to either the License or the Wireless Permit. In addition, CEQA review would be required in connection with both the CUP and Design Review required for this project. The only reference to environmental review with respect to the T-Mobile tower is found in the City staff report accompanying the License. Staff incorrectly stated "Not applicable" under the heading "Environmental Status." When a project fails to comply with CEQA, a peremptory writ of mandate will issue mandating that the public agency's "decision be voided." (Id., § 21168.9(a)(1).) In violation of CEQA, the City, and consequently T-Mobile, failed to conduct any environmental review of this project. Lastly, T-Mobile failed to comply with the conditions imposed in its own Wireless Permit. Attachment No. 1 to the August 2007 Wireless Permit states: "Wireless Permit No. 07-042 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date." (Emphasis added.) We are unaware of any such request or extension, and our review of the City's file did not reveal the existence of such an extension. T-Mobile did not obtain a license to use the Harbor View Park site until January 20, 2009—one year and five months after obtaining its Wireless Permit, and did not commence construction until several months following that date. Consequently, T-Mobile's Wireless Permit was neither timely exercised nor extended, and hence is null and void.' Accordingly, T-Mobile is constructing a wireless communications facility in violation of Zoning Code section 230.96(D)'s wireless permit requirement. Each of the foregoing failures, individually and collectively, is sufficient grounds to terminate the License. Furthermore, each of the foregoing failures, individually and collectively, precludes the construction and operation of the T-Mobile tower until such time as T-Mobile complies with all applicable ordinances and statutes. We urge you to consider this letter in closed session and to discuss its contents with the City Attorney. We are confident that you will find sufficient legal grounds to terminate T-Mobile's License and to void its Wireless Permit (or determine that it already is void). We are hopeful that you and the other members of the City Council vote to do so. If not, it is our intention to immediately seek a writ of mandate to compel the City and T-Mobile to comply with the above-noted legal requirements. As part of such relief, we will seek to recover attorneys' fees as allowed by various applicable statutes. I The brief"tolling"period created by the City's moratorium on this subject does not change this conclusion. 2287/099999-0090 1008410.02 a04/24/09 RUTAN 11-1-NE1-..,, i..(\, Mayor Keith Bohr Council Member Joe Carchio April 24, 2009 Page 4 If you have any questions,please do not hesitate to contact me at your convenience. Sincerely, RUTAN &TUCKER, LLP A. Patrick Munoz APM:gdw cc: City Council City Administrator Clients 2287/099999-0090 1008410.02 a04/24/09 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:16 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 708 from the Government Outreach System has been assigned to Johanna Stephenson by Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Johanna Stephenson Description: OPPOSED TO CELL TOWER AT HARBOUR VIEW SCHOOL. Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:20 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 710 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen naive: Heather Lenore Description: Dear Members of City Council, I respectfully ask that you please vote to stop the building of a cell tower adjacent to Harbour View Elementary! There are documented public health concerns and scientific evidence for risks from EMF exposure from cell phones and cell phone towers. International researchers have urged quick precautionary action to address a possible epidemic of brain tumors and many other health risks. Health researchers from six countries give findings in an independent report titled The BioInitiative Report. There are fifteen(15) chapters covering health risks to humans and wildlife from electromagnetic fields and radiofrequency radiation. In consideration in stopping the building of a cell tower adjacent to Harbour View Elementary,please take some time today to review this report at http://www.bioinitiative.org/report/index.htm Our children's (and our own) health are at stake. Thank you, Heather Lenore 16821 Phelps Lane Huntington Beach, CA 92649 Expected Close Date: 04/28/2009 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 monitored and will be ignored. 7 160 � 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.coml Sent: Monday, April 27, 2009 9:22 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#712 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Lisa Vallefucoc Bayley Description: I'm an HB resident and i oppose the location for the cell tower. Im sure you can find a different location that will not affect the future health of our children. We have vacant lots in the wetlands that can accommodate a cell tower or put it next to the power plant. Why would you endanger the lives of our future residents. please use your head and stop thinking of money that the city can bring in. im sure there are other ways to make money. lisa vallefuoco bayley please respond to this email so I know my opinion has been heard. Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:24 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 713 from the Government Outreach System has been assigned to Johanna Stephenson by Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Cindy & Jeff Busche Description: Dear City Council Member, Thank you for scheduling an emergency meeting for tomorrow night. My husband has been an HB resident for nearly 40 years - he grew up here and attended Harbour View School himself. We were extremely disappointed in your decision to have this cell tower installed so close to our childrens' school. The fact that so little is known about the effects of continual exposure to this radiation leads us to believe caution should be used in choosing locations for these cell towers. The Class Action Lawyer identified several "loopholes" which would make it possible for the city to renegotiate a new and safer location for T- Mobile's cell tower. We urge you to reconsider and do what is right for these children at Harbour View and for those of us who have entrusted you to do what's best for Huntington Beach and its residents. Thank you for your support in this matter. Cindy Busche Cindy & Jeff Busche 17041 Lowell Circle Huntington Beach, CA 92649 Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:28 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 714 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Suzie Slope Description: Dear Members of the City Council, Thank you for having a special emergency meeting on Monday evening. As a parent of two children, I am extremely unhappy about the proposed tower being erected at Harbour View School. I have been a resident of Huntington Beach for 31 years. I grew up here and attended Harbour View School myself. My husband and I (along with hundreds of others) are dumbfounded as to why the City of Huntington Beach would have thought that putting this type of structure alongside a children's playground was a good idea. The presumed risk alone affects our property values and our peace of mind and this should have been considered before your decision to grant this contract. I hope you will take some time before your closed door session to research the health and legal aspects regarding this issue. We hope the attached flyer will provide you with some insight. We urge you to rescind this contract with T- Mobile and relocate the tower to a more suitable location. Suzie Slope 17042 Lowell Circle Huntington Beach, CA 92649 Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 10:09 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 726 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Suzie Slope Description: Dear City Council Members, Here is an interesting article about cell towers near schools...from The Idaho Observer. I hope you will take some time to read this before you meeting today.... http://www.rense.com/general76/nix.htm Sincerely, Suzie Slope 17042 Lowell Circle Huntington Beach, CA 92647 Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:29 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 715 from the Government Outreach System has been assigned to .Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Kevin Veal Description: I urge you to do everything in your power to block the installation of a cell phone tower directly over the Huntington Beach School. How this ever got this far is absolutely ridiculous. Any city council man or woman that approves this should be ashamed. What is more important- cell phone signals or our children? Kevin Veal Huntington Harbour Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:31 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 716 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Lisa Veal Description: Dear Mayor and council members, Please,please do NOT allow t-mobile to place a dangerous cell tower inches away from our future. To put our children at risk for the sake of money is insane. I live in the harbor and as a mother of a 1 year old and a 3 year old I would never send my children to a school that houses a tower. I will need to move or send my children to private school. I really can not believe anyone would even consider this!!! This would be such a disservice to everyone living in the harbor-not just the school children. Our cell service is fine here. If t- mobile needs better reception they could buy off of the tower on springdale and warner. Please do not hurt the community you are here to serve. If you really thought this was a good idea and would not hurt anyone you would have told the school and residents of your plans to put up the tower. It is NOT to late to the make decision. Please do not allow this tower to go up! Thank you, Lisa Veal 3716 Montego Drive HB 92649 aricolisa@hotmail.com Expected Close Date: 04/28/2009 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 monitored and will be ignored. �// 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:34 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 717 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Barbara Hamilton Howard Description: Dear ELECTED Officials, As a long time resident, property owner in Huntington Beach and a grand parent of children at Harbour View Elementary School I write to protest the installation of the telephone transmitter next to this school. The students and faculty at Harbour View Elementary School should not be exposed to transmissions from this tower. The seeming "necessities" of today does not offset the possibilities of hazards and future problems. Our children and their teachers will not have a random exposure to transmissions they will have constant exposure. Children attending Harbour View from Pre-K to fifth grade will be exposed SIX years of their young lives, six years of brain development! The faculty of this school give so much to our children, we can not ask them to risk their health due to possible problems in the future. I urge you to reconsider the placement of this transmitter and weigh the health and well being of our children against monetary issues. Voting to cancel the contract for this transmission tower is the safe and right thing to do for our children. Sincerely yours, Barbara Hamilton Howard Property Owner of 19785 Coastline Lane 92672 949 233-1099 Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 co,;;7�'� Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:38 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 718 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Jennifer& Ron Johnsen Description: As the parent of a 8 year old, 7 year old and a 4 year old that all attend Harbour View Elementary School, I am very disappointed by your January vote to support the erection of the T Mobile cell cite so close to where our children go to school and play every day. I don't know if this tower unsafe or not...it seems like no one does, but lets error on the side of safety. Both Joe Carchio and our Mayor Keith Bohr have made the commitment to VOTE TO TERMINATE THE CITY'S CONTRACT WITH T-MOBILE BUILDING A CELL TOWER AT HARBOUR VIEW PARK on Monday night. Please join them in this vote to correct your mistake. Ron and Jeri Johnsen 16292 Mandalay Circle HB (714) 222-2594 Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Pafty From: Sun`City Pipeline[noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:39 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 719 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Mary Ellen Houseal Description: Stop the dangerous TOWER at Harbour View School. Mary Ellen Houseal Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:41 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#721 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Todd &Deborah Rosenlof Description: My name is Deborah Rosenlof, my children are students at Harbour View. I am extremely concerned with the city's choice of location for this cell tower. We all know there is no long term evidence stating whether these cell phone towers cause cancer or other illnesses BUT we do know it does emit some form of radiation AND is the city of Huntington Beach willing to risk it's children's health for 2500.00 dollars a month. I would hope not. I would like this cell tower to NOT be built right next to our children's school and that you as the City Council STOP this from happening. Thank you, Todd and Deborah Rosenlof Huntington Beach residents Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 9 f Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 9:59 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 723 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Parkin Description: City Council Members: As my husband and I are long-time harbour residents (over 25 years collectively), we are appalled and furious over the sneaky way this cell phone tower was handled by our city members that we VOTED in. We have children at Harbour View Elementary and utilize that playground on weekends as well, and demand to have this dangerous, carcinogenic piece of equipment removed from that area. We feel completely let down by you and can not believe you could possibly have thought it would have been O.K. with these residents to put something like that in this area. Not only will my children be dosed with radiation on a continuous basis while at school, but they will be at home, as well, as these towers omit the radiation into a 2.5 mile radius. As our attorney told the Mayor at our assembly Thursday night, we will not hesitate to bring about litigation over this. We certainly hope it will not result in this. Thank you for your immediate attention to this absolute potential nightmare, The Parkin Family )Expected Close Date: 04/28/2009 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 monitored and will be ignored. Z/ 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 10:06 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 724 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Drew Kovacs Description: Honorable Mayor and Council Members I am a resident of Huntington Harbour and live 1.25 miles from this potential site for the cell tower and personally do not feel opposed or for the tower aside from the looks of them. I also have been an Electro-Mechanical Engineer for 30 years, and know that the jury is still out on arguments for and against exposure to these microwaves as it has been on microwave ovens and other devices. My concern and issue is more the precedent that this is setting for location within the city and the snowball effect. It appears that you are creating an albatross that has and will stir nimby mentality as it has with the desalinization plant. If it is not acceptable at the proposed site then where would be acceptable?All citizens would be at risk would they not and would they not have a valid argument against one in their neighborhood or proximity? What are the city planning, building codes etc. that dictate this as allowable and where? What council members past or present approved this and what was their basis of supporting data from city staff to say this location is OK? A lot of unanswered questions. I applaud Mayor Bohr and Councilman Carchio for their response to the citizens but it will take more than just an emergency meeting to quell this and at what cost to the city for all the "studies" by outside consultants to find an appropriate location. Why wasn't the "homework" done before?It is ironic that the city has such a difficult time getting construction projects completed without controversy ( Sports Complex, Warner Sewer Project) and now this....I cannot wait to see what demons lurk in Pacific City and the Senior Center. I wish you luck Drew Kovacs Huntington Harbour Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [no reply @user.govoutreach.com] Sent: Monday, April 27, 2009 10:07 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 725 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Lisa Rudy Description: I urge you to vote to terminate the City's contract with T-Mobile regarding the cell phone tower that is planned for Harbour View Park, a mere 20 feet away from the classrooms at Harbour View Elementary school and in the middle of a park where our children play every day. Further more, as a HB homeowner who lives approximately 600 ft from these tower, I am OUTRAGED that the city did not notify me or the Ocean View School District that this tower was going to be built. As a voter, I entrusted you seven to be reasonable, common-sense people. Just one quick drive by the construction site at Harbour View will tell you that you should have NEVER voted on this. If you had seen how close it is to the school, right in the middle of a busy park, I know you would never have voted to this. Now it is your responsibility to admit your mistake and take the necessary steps to fix it. VOTE TO TERMINATE THE CITY'S CONTRACT WITH T- MOBILE BUILDING A CELL TOWER AT HARBOUR VIEW PARK on Monday night. Lisa& Tony Rudy 4152 Calhoun Drive HB 92649 Parents of 6 and 9 year old students at Harbour View Elementary school Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday,April 27, 2009 10:11 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request#727 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: JoAnne Flory Description: Thank you so much Mr. Mayor and Council for letting us address our concerns. My husband and I grew up in Huntington Beach and love living and raising our family here. My grandparents went to Huntinton Beach High School, as did we. We have two children at Harbour View Elementary and one more to enter in 2010. I speak more from a point of moderation here. I am not convinced that cell phone towers cause any great harm. I understand radiation is all around us. I understand that the tower levels are considered safe. BUT, I also know that we as a society have been wrong before many times, ie; smoking, drinking while pregnant, drugs that caused birth defects and miscarriage, etc., all deemed safe at one time by people who meant to protect us with good intentions. I feel that since the data is relatively new and incomplete,how can we take a chance on these little intelligent, growing minds who have no say. Since,we are not 100% sure of the tower's safety, it is a risk too great. We have to err on the side of caution. I am hoping in 20 years no one will remember this event. But maybe, in 20 years the evidence will be proven harmful and we will remember the day the Council voted to protect our kids, and where ever we are we will celebrate. The other alternative, finding out that placement is dangerous, knowing you had the chance to the right the wrong, knowing you did nothing, knowing you put innocent children in jeopardy...is far too grave to consider. Please, give us peace of mind. JoAnne Flory 17122 Friml Lane Huntington Beach, CA 92649 714-377-0311 Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 C —% � Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 10:13 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item(notification) Request# 728 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Ana Youngsma Description: My name is Ana Youngsma and my son who is in First Grade attends Harbour View Elementary School. My younger son will also be attending Harbour View in the Fall. I attended the meeting last night at Harbour View and was extremely disappointed to hear that all 7 council members voted in favor of the T-Mobile Cell Tower to be constructed adjacent to Harbor View right next to the school playground and located at the park where all of the children play after school. To me it is common sense not to construct a cell phone tower at this location. As a parent I am concerned about the health effects that could be caused by the cell phone tower. It would be a shame to put a cell phone tower in our beautiful park. Many of the children climb the trees in the park and I'm afraid and know without a doubt that the children would also climb the cell phone tower that will look like a palm tree. I 'm sure there is a much better location for the cell tower available in Huntington Harbour that is far from the school, parks and homes. Another issue to consider is the adverse affect that the cell phone tower could have on enrollment at Harbour View School. Parents have options and can choose not to send their children to Harbour Vlew. I think this would cause a problem if there is a significant increase of children who want to attend the neighboring Ocean View School District schools or private schools. On Monday night at the city council meeting, I hope and pray that you do the right thing and vote to stop the construction of the cell phone tower next to Harbour View Elementary School. Thank you, Ana Youngsma 17152 Berlin Lane Huntington Beach, CA 92649 714-840-3129 ]Expected Close Date: 04/28/2009 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 monitored and will be ignored. Z� T e 4/27/2009 CU+✓ Page 1 of 1 Esparza, Pafty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 2:19 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 732 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Diana Rovano Description: From: diana rovano [mailto:theldydiana@yahoo.com] Sent: Monday, April 27, 2009 1:52 PM To: CITY COUNCIL Subject: Cell Tower To all City Counsil Members, I am one of many concerned parents here at Harbour View Elementary School with regards to the placement of a cell tower right outside the school gates and in our children's playground. We do not want it here! The health risks alone should be reason enough not to place it where young children attend school and play. For that alone we ask that you as our representatives do what it takes to keep that from happening. Thank you, Diana Rovano Expected Close Date: 04/28/2009 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 monitored and will be ignored. 4/27/2009 Page 1 of 1 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, April 27, 2009 2:21 PM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 733 from the Government Outreach System has been assigned to Johanna Stephenson by Johanna Stephenson. Request type: Comment Request area: City Council - Comment on Agenda Items Citizen name: Joan Smith Description: Would like to go on record as opposed to the cell tower at Harbour View school. Expected Close Date: 04/28/2009 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 monitored and will be ignored. 27ZIC-A 7 4/27/2009 Page lofl Van Dorn, Kay From: Daphus. Pot Sent: Monday, April 27. 2OUO2:44PK4 To: Stephenson, Johanna,- Van Donn, Kay Subject: FVV: Against Cell Tower Location at Harbour View Elementary From: Linda FiUet [mai|toJfiUet@vehzon.ne] Sent: MonUny, April 37, 2OO91:24 PM To: CITY COUNCIL Subject: Against Cell Tower Locab natHadbourViewBementary Dear Members of the Huntington Beach City Council: Please be advised that we are against the placement of the T-Mobile cell tower at Harbour View Elementary School. We are disappointed in the lack of disclosure to people in the community, including the Principal of Harbour View Elementary, prior to construction. There is enough information available through more than 600 documents that there is a connection between certain types of cancers and microwaves. We have contacted a prominent Neurosurgeon in the Los Angeles area for his interpretation of the risks associated with this tnpio, and in his opinion, the risks are real. He further stated that he would not want one near his home. |tim incumbent upon you todo the right thing and not risk the health of your fellow citizens and children in the placement of this tower, or any others in the future. | urge you to NOT pursue this project at the current proposed |ocntion, and tovote against it tonight at the emergency meeting. Sincerely, Dan and Linda Fillet Huntington Beach, CA 92648 ^_'~.' . 47 Or V des fl e- JA4 VI/V, 4�A AJ