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Smart Voter
Orange County, CA November 2, 2010 Election
Measure Q
Private Wireless Communication Facilities
City of Huntington Beach

Advisory Vote Only

Fail: 27,674 / 43.6% Yes votes ...... 35,834 / 56.4% No votes

See Also: Index of all Measures

Results as of Jan 6 2:58pm, 100.0% of Precincts Reporting (152/152)
55.4% Voter Turnout (898,205/1,621,934)
Information shown below: Impartial Analysis |
Impartial Analysis from JENNIFER MCGRATH
City Attorney
Section 612(b) of the Huntington Beach City Charter provides that no structure costing more than $100,000 for construction may be built in any City park or beach without voter approval.

This Measure asks the voters whether the City should permit the construction of a mobile telephone antenna at Harbour View Park located at 16600 Saybrook Lane and at Bolsa View Park located at 5741 Brighton Drive. The antenna at Harbour View is approximately 55 feet tall and designed to resemble a palm tree. The antenna at Bolsa View is approximately 57 feet tall and designed to resemble a broadleaf tree.

In September 2007, the City approved zoning permits for both antennas. In January 2009, the City Council approved 10-year license agreements with T-Mobile, a mobile telephone company, to locate mobile telephone antennas at Harbour View Park and Bolsa View Park. When the City learned in April 2009 that the cost of construction exceeded $100,000, the City suspended the zoning permits and required that T-Mobile obtain voter approval.

In response, T-Mobile sued the City, and in a July 9, 2010 preliminary ruling, the Federal District Court determined that voter approval requirement violated the Federal Telecommunications Act to the extent that it impedes the City from acting on antenna applications "within a reasonable period of time." At the same time, the Court allowed the City to conduct an "advisory" election on antennas. The Court then gave the City Council until September 7, 2010 to either grant or deny the antenna permits. If the City Council denies the antennas, the Court may overrule the Council at a hearing prior to trial, or may conduct a trial beginning on November 9, 2010, after the November 2, 2010 election, to review the Council's decision.

In response to the Court's ruling, the City Council decided to reconsider the antenna permits on August 30, 2010, and submit to the voters the question of whether the antennas should be permitted in the two Parks.

Because of the lawsuit, the impact of this Measure cannot be definitively stated. If the lawsuit proceeds to trial in November 2010, the election will inform the City Council and the Court whether the voters approve of constructing antennas at the two Parks. Further, the City Attorney disagrees with the conclusion of the Federal Court that Section 612 violates the Federal Telecommunications Act. By conducting an election now, the results will be available to be considered by the Ninth Circuit should the City appeal the District Court's ruling.

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Created: January 6, 2011 14:58 PST
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