HomeMy WebLinkAboutOrdinance #3161 ORDINANCE NO. 3161
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 5 . 16 AND 5 .48 OF THE
MUNICIPAL CODE TO PROVIDE FOR AN INCREASE IN RATES
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby ordain:
SECTION 1: That Chapter 5 . 16, of the Huntington Beach
Municipal Code is hereby amended to read as follows :
5. 16.010 Rates per employees. The following rates shall
apply to business licenses :
First three employees $ 75 . 00
Next nine persons, per employee 4 .00
Next forty persons, per employee 3 . 00
All other employees in excess of forty,
per employee 2 . 00
5 .16.020 Rates per employees--Minimum license. The
minimum license in each classification shall be $75 . 00 per
year. In any case where a licensee or an applicant for a
license believes that this individual business is not
assigned to a proper classification under this chapter
because of circumstances peculiar to it, he may apply to
the finance director for reclassification. Such
application shall contain such information as the finance
director may deem necessary and require in order to
determine whether applicant ' s individual business is
properly classified . The finance director shall then
conduct an investigation, following which he shall assign
the applicant ' s individual business to the classification
shown to be proper on the basis of such investigation.
5.16.060 Advertising. The fees for advertisers shall be
as follows :
a B distributing samples or handbills, provided that this
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section shall not apply to any person, employee, agent or
representative of any person who already has a city license
as provided elsewhere in this chapter . . . . . . . . . . . . . .$75 . 00 A
(b) By sign or bill posting, sign erection or installation, or
any form of outdoor advertising as defined in Article 976
of the Huntington Beach Ordinance Code . . . . . .$112 .50 A
(c) By vehicle containing amplifier, phonograph, loudspeakers,
etc.
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for each vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$112 .50 A
Or at the option of the licensee, for each vehicle. . . . . $49 . 50 D
If any such vehicle is used by a city licensee to advertise
solely his own business and such vehicle is regularly registered ',
and licensed by the state to such licensee, then the fee for !
each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58 . 00 A
Or at the option of the licensee,
for each such vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$40 . 00 D
(d) By means of stereopticon, biograph,
moving pictures or similar device
(not moving picture theaters) used outdoors . . . . . . $225 . 00 Ais
Or, used indoors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$112 . 50 A
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5.16.070 Amusement activities. License fees are imposed for
amusement activities as follows :
(a) For any bowling alley, the first six lanes,
a minimum fee of $337 .50 per year;
for each lane over six (6) . . . . . . . . . . . . . . . . . . . . . . $58 . 00 A
is
(b) For boxing or wrestling exhibitions
per exhibition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $58 . 00
(c) Carnival, tent show or open-air show
or in hall or building constructed for
theatrical purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187. 50 D
In addition, for five concessions or less . . . . . . . . . $66 . 00 D
In addition, for each concession
in excess of five. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $39 . 00 D
(d)' For each juke box, phonograph or motion picture device
operated by insertion of coin, per machine . . . . . . .$26 . 00 A
(e) The owner of the business shall be held responsible for the
full amount of the license fee if the operator, exhibitor,
machine owner, lessee or other person has not paid the fee
when due and payable.
5_. 16.090 Bankrupt sale. For the conducting, managing or
carrying on the business of selling, offering for sale or
otherwise handling by special retail sale the stock in trade of
any bankrupt or insolvent person, the fee shall be $58 . 00 D.
5. 16. 100 Bath. For every person conducting, managing, or
carrying on the business of giving steam baths, electric light
baths , shower baths, electric tub baths, sponge baths or
operating any public bath which maintains in connection
therewith a steam room, plunge, bath or sleeping
accommodations, the fee shall be . . . . . . . . . . . . . . . . . $112 . 50 A
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5.16.110 Circus. With seating capacity under four thousand,
the fee shall be:
First day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $262 . 50 D
Each additional day . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187. 50 D
With seating capacity over four thousand, the fee shall be:
First day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $337. 50 D
Each additional day $187 . 50 D
for every sideshow
in conjunction with a circus, the fee shall be . . .$49 .50 D
For every concession
in conjunction with a circus, the fee shall be . . .$40 . 00 D -
5. 16.120 Contractors. Every person engaging in business in
this city as a contractor, as defined in subsections (e) , (f) ,
and (1) of section 5 . 04 . 010, who does not engage in such
business from a fixed place of business within this city, and
who elects to exercise the option provided for in section
5. 16 . 040, shall pay a license fee as indicated herein:
General engineering
and/or general building contractor $142. 50 A
Specialty, subcontractor, or other . . . . . . . . . . . . $90. 00 A
5. 16. 130 Dancing teacher._ Every person engaged in the
profession of dancing teacher who has no regularly established
place of business where instruction in dancing is given, shall
pay a fee of . . . , $75 . 00 A �
5. 16.140 House moving. Every person engaged in house moving
or wrecking of buildings and/or structures,
shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . $112 . 50 A
5.16. 160 Junk collector.
(a). For every person conducting, managing or carrying on the
business of junk collector,
the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . . $187. 50 A
or at the option of the licensee . . . . . . . . . . . .$40 . 00 D
is
(b) For the purpose of this section, a "junk collector" means
any person, other than a junk dealer engaged in the
business of buying or selling, either at wholesale or
retail, rags, bottles, papers, cans, metal or other
articles of junk.
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5.16,170 Junk dealer and auto wrecking.
(a) For every person conducting, managing or carrying on the
business of junk dealer or auto wrecker,
the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . $187. 50 A
(b) For the purpose of this section an "auto wrecker" means and
includes any person who buys any motor vehicle for the
purpose of dismantling or disassembling, or who dismantles
or disassembles any such motor vehicle whether for the
purpose of dealing in the parts thereof or using the same
for the purpose of reconditioning any other vehicle, or for
the purpose of selling or otherwise dealing in the
materials of such vehicle or vehicles .
5.16.180 Music or fine arts teacher. Every person engaged in
the profession of teaching music, dramatics, art, designing,
dressmaking, mechanics or any other trade or fine art who has
no regularly established place of business where such teaching
is carried on, shall pay a fee of . . . . . . . . . . . . . . $75 . 00 A.
5. 16.190 Office building. For every person conducting,
managing or carrying on the business of operating an office
building, for each office therein
the fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $32 . 50 A
and for each unit/office . . . . . . . . . . . . . . . . . . . . . . . . .$7. 00
5. 16.210 Outdoor theaters. For every person conducting,
managing or carrying on an outdoor theater where moving or
motions pictures are exhibited the license fee shall be:
Number of Stalls Fee per Year
First 500 . . . . . . . . . . . . . . . . . . . . $337. 50
All over 500 (per stall) . . . . . . . . . . . 500
A separate license shall be obtained for snack bars, foodstands
and other concessions .
5.16.220 Pawnbroker. For the purpose of this section the term
"pawnbroker" shall include every person conducting, managing or
carrying on the business of lending money either for himself or
for any other person, upon any personal property, personal
security or purchasing personal property and reselling or
agreeing to resell such property to the vendor or other
assignee at prices previously agreed upon. Nothing in this
section shall be deemed to apply to the lending of money or
personal property or personal security by any bank authorized
to do so under the laws of the state or of the United States .
The license fee shall be . . . . . . . . . . . . . . . . . . . . . . . . . . $487. 50 A
5. 16.230 Peddler. Peddlers of flags, banners, balloons,
cones, horns, kites, noise-making instruments, toys, notions,
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souvenirs or similar o
g ods or novelties of any description
other than from a stand tent wagon or other vehicle
cle shall
pay
a fee of • . . . . . . . $17 . 00 D
orby vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $97. 50 A
Peddlers of any article or commodity not mentioned in this
section, including every person, firm or corporation conducting
the business of selling and delivering any goods for human
consumption directly to the consumer thereof, by means of a
g Y Y purpose of making
regular system of deliver vehicles for the
sales and deliveries upon a fixed route, or in the case of food
catering vehicles, from place to place, within this city shall is
pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $17 . 00 D
or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $97 . 50 A
Provided, however, that issuance of a license to any person, -
firm or corporation under this section shall not be construed
to permit violation by such person, firm or corporation of
Chapter 9 . 64 .
The license tax prescribed by this section shall cover one
person and in the case of route peddlers, one vehicle only and
an additional like fee shall be paid for each additional such
r n e so or vehicle so engaged.
ed. Prior h
P o to the issuance f
g g o any
license under this section, such applicant shall comply with
p
h r the provisions of Chapter 4 9 . 6 of the Huntington B
pto each
9
Municipal Code and with the provisions of sections 5 . 12 . 050 and
5 . 12. 060 .
5. 16.24 Pu
blic ublic dance hall Public dance n_ p ce and dinner dancing
place. Every person conducting, managing or operating a public
dance hall or dinner place
shall pay a fee of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$337. 50 A
Every person conducting, managing or operating a public dance
shall pay a fee of (per dance) . . . . . . . . . . . . . . . . . .$58 . 00
For the purpose of this section, certain words and phrases
shall be construed as hereinafter set forth:
(a) "Public dance hall" means a place open to the public upon
payment of admittance fee, wherein music is provided and
people are allowed to dance which is so open at regular
intervals or on regular days of the week.
(b) "Public dance" means a dance open to the public for an
admittance fee or charge, which is held on one day only.
(c) "Dinner dancing place" means a place where music is
provided and the public is permitted to dance without
payment of a fee.
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5. 16.260 Rooming house, apartment house, motel, bungalow or
auto court. For every person conducting, managing, or carrying
on the business of operating an apartment house, rooming house,
motel, bungalow court or auto court consisting of three or more
rental units, the fee shall be $32 . 00 A and $7. 00 per unit .
5.16.270 Skating rink. For every person conducting, managing
or carrying on any ice or roller skating rink, enclosure or
park, the license fee shall be $187 . 50 A. !
5.16.280 Small stands and businesses--Temporary and !
permanent. Every person, not having a regularly established
place of business in this city, who sells or offers for sale
goods or articles of any description in his p possession, or
services, at, on or from a stand upon any public street, alley
or public place, or in or from a doorway of any room or
building, or unenclosed or vacant lot or parcel of land, which
business is not otherwise licensed by the terms of this chapter
shall pay a fee of $75 ; or, at the option of the licensee,
$17 .00 D.
5. 16.290 Solicitor or canvasser. For every person conducting,
managing, carrying on or engaging in the business of telephone
solicitation or canvassing, for each such person employed or so
engaged, the fee shall be. . . . . . . . . . . . . . . . . . . . . . . . . . $49 . 00 D
Prior to the issuance of any license under this section, each
applicant shall comply with the provisions of Chapter 9 . 64 of
the Huntington Beach Municipal Code and with the provisions of
sections 5. 12 . 050 and 5 . 12 . 060 . This section shall not apply
to any person, or employee or agent or representative of any
person whose principal place of business is in and who has a
license in the city as provided elsewhere by this title, or who
takes orders only from businesses licensed under this title.
5.16.300 Soliciting on streets for hotels or dining rooms.
For every person conducting, managing or carrying on the
business of soliciting customers, or patronage upon any public
street, alley or other public place, for any hotel, inn,
rooming house, lodging house, apartment house, restaurant,
dining room or house or place where meals or board or lodging !`
are furnished for compensation, the fee shall be $112 . 50 A.
!
5. 16.310 Stockyard auction. For every person conducting, I'
managing or carrying on any stockyard, sales, stable or corral
where horses, cattle, goats, sheep, mules and other livestock
are bought, sold or exchanged at public auction, the license
fee shall be $187 . 50 A.
I'
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5.16.320 Trailer parks. For every person conducting, managing
or carrying on the business of trailer park or mobilehome park
the license fee shall be $112 . 50 annually for the first
twenty-five (25) trailer spaces and $7. 00 for each additional
trailer space.
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is
5.16.330 Transportation, trucking and hauling--Established
place of business. Every person engaged in the business, in
whole or in part, of using or operating any motor vehicle in
connection with the conduct of their business, for the
transportation of any goods, wares, merchandise, products of
any nature, raw materials, pipe or castings, tanks or machinery
or tools of any description, when said person has an
established place of business within the city, shall pay an
annual license fee in accordance with the following schedule
for each and every motor vehicle so used or operated in excess
of one vehicle:
for vehicles with a manufacturer ' s rated capacity of
underone ton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12 . 00 A
for vehicles with a manufacturer ' s rated capacity of
under three tons , but one ton or over . . . . . . . . $35 .00 A
for vehicles with a manufacturer ' s capacity of
three tons or over . . . . . . . . . . . . . . . . . . . . . . . . . . . $46 . 00 A
5. 16.340 Transportation, trucking or hauling---No business
location. Every person engaged in the business, in whole or in
part, of using or operating any motor vehicle in connection
with the conduct of their business, and who uses the public
streets or highways of this City for the purpose of such use or
operation for the delivery or transportation of any goods,
wares , merchandise, products of any nature, raw materials, Is
waste materials, pipe or casting, tanks, machinery or tools of
any description or in connection with rendering services for
fees, when said person does not have an established place of I'
business within this City, shall pay an annual license fee of
$75 for each and every vehicle so used or operated other than I,
those vehicles described in sections 5 . 16 . 330 and 5 . 16 .350 .
5 16 360 Transportation. trucking or hauling--Dump and tank
trucks. Every person engaged in the business, in whole or in
part, of using or operating motor vehicles for the
transportation, hauling or delivery or removal of crude oil,
petroleum products or petroleum byproducts in any form, rotary
mud, sand, dirt fill, asphalt, water, machinery of any
description, or any other articles or commodity not otherwise
classified in sections 5 . 16 . 330 and 5 . 16 . 340 who uses the
1' r public streets o highways of this city for the purpose f such
py p o
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use or operation, who is not required to a the license or
P q pay i�
fee.s as set forth in sections 5 . 16 .330 and 5 . 16 . 340, shall pay
an annual license fee based upon each motor vehicle so used or
operated, of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75 . 00
for each vehicle with single rear axle . . . . . . . . $49 . 00 A
for each vehicle with dual rear axle . . . . . . . . . . $49 . 00 A
r
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b Tank Truck or Tank Wagon semi-tractor an front trailer
( ) g ( d o t t a�.ler as
one tank truck or tank
wagon) .
for each tank truck or tank wagon . . . . . . . . . $97 . 50 A
for each additional
tank truck, wagon or trailer. . . . . . . . . . . . . . . $23 . 00 A
5.1 .370 Truck rental or leasing.
(a) Every person conducting, managing or carrying on the
business of renting or leasing the use of any truck or
motor-
Pro ell d vehicle for the transportation of
materials, commodities or products, or the transportation
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of any other object, to be driven by the person or
employees or other representative of the person hiring the
same at rates per mile, per trip, per hour, per day, per
week, per month, per year or any greater period of time,
and the truck or vehicle is under the directional control
of the person hiring the same, shall pay an annual license
fee of $75 . 00 plus $23 . 00 for each truck or vehicle over
one used in the business .
(b) In the case of persons operating trucks or vehicles in this
city, within the meaning of sections 5 . 16 .330 through
5 . 16 .350, when such truck or vehicle has been rented from a
truck rental business or agency, the person having rented
or hired such truck or vehicle shall pay the license fee
prescribed in sections 5 . 16 .330 through 5 . 16 .350, whichever
is applicable, and the person in the business of renting or
leasing such truck or vehicle to the renter or lessee shall is
I
not be required to pay an additional fee for each such is
truck or vehicle so rented or leased over one used in the
business .
5. 16.380 Passenger vehicle rental or leasing._ Every person
conducting, managing or carrying on the business of renting or
leasing the use of any motor-propelled vehicle for the
transportation of persons to be driven by the person or
employee or other representative of the person hiring, renting
or leasing the same at rates per mile, per trip, per hour, per
month, per year or any greater period of time, and where such
vehicle is under the directional control of the person hiring h
the same, shall pay an annual license fee of $75 plus $11. 50
for each vehicle over one used in the business . Provided that
where a person conducts, manages or carries on the rental or
leasing of both trucks and passenger vehicles as one and the
same business, from the same place of business, the payment of
only one annual license fee of $75 will be required in addition
to the prescribed fees for each vehicle over one used in the
business .
5.16.390 Trailer rentals. Every person conducting, managing
or carrying on the business of renting the use of trailers
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designed to be attached to motor-propelled vehicles shall pay
an annual license fee of $75 . 00 plus $2 . 00 per wheel for all
trailers used in the business .
5. 16.400 Transportation--Water. Every person engaged in the
business, in whole or in part, of using or operating any boat
or barge in connection with the conduct of their business for
the transportation or accommodation of passengers, whether fee
for such transportation or accommodation is paid directly or
indirectly, or for the transportation of any goods, wares,
merchandise, products of any nature, raw materials, waste
materials, pipe or Castings, tanks or machinery or tools of any
description, shall pay an annual license fee in accordance with
the following schedule:
for the first vessel . . . . . . . . . . . . . . . . . . . $75. 00 A
for each and ever vessel so used or operated in excess of one
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vessel :
less than sixteen feet in length . . . $40 . 00 A
Sixteen feet or over but less than
twenty-six feet in length. . . . . . . . . . .$49 .00 A
Twenty-six feet or over
but less than forty feet in length. . $58 . 00 A
Forty feet or over in length . . . . . . . $66 . 00 A
5. 16.410 Vending, bulk--vending and amusement Machines.
(a) Every person owning, conducting , transacting, managing,
operating or carrying on the business of providing,
furnishing, letting the use of, distributing or maintaining
any vending machine, bulk-vending machine and/or amusement
machine, as defined in this title, and not prohibited by
law, shall pay an annual license fee in accordance with the r
following schedule: i.
(1) Vending Machines :
Service machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.50 A
and for each machine
charging 1¢ to and including 4¢ . . . . . . . . . . . . . . . . . $2 . 50 A
for each machine
la
charging 5¢ to and including 9¢ . . . . . . . . . . . . . . . . . $7 . 00 A
for each machine i
charging 100 and over . . . . . . . . . . . . . . . . . . . . . . . . . . . $14 .00 A h
for each cigarette vending machine . . . . . . . . . . . . . . . $29 . 00 A
Stamp-vending machines dispensing United States postage stamps
for mailing purposes are hereby exempt from the terms and
provisions hereof .
(2) Bulk-vending Machines : . . . . . . . . . . . . . . . . . . $11 . 50 A
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for each machine
charging 1¢ to and including 40 . . . . . . . . . . . . . . . $2 . 50 A
for each machine
charging 50 to and including 90 . . . . . . . . . . . . . . . $4 . 50 A
for each machine
charging 100 or over . . . . . . . . . . . . . . . . . . . . . . . . . . $7 . 00 A
(3) Amusement Machines :
is
for each pinball machine . . . . . . . . . . . . . . . . . . . . . $50 . 00 A
for each pool/billiard machine . . . . . . . . . . . . . . . $50 . 00 A
for all other amusement machines . . . . . . . . . . . . . $50 . 00 A
(b) In the event any license fee provided by this section on
any vending or bulk-vending machine is not paid when due
and payable, the owner of the business on whose business
premises such vending or bulk-vending machine is located,
shall be jointly and severally liable to pay the full
amount of such license fee,
(c) A person having a business license in connection with a
fixed place of business in this city is not exempt from
payment of license fees otherwise imposed by this chapter.
(d) A minimum annual license fee of $337.50 shall be paid by
each game arcade, amusement center room, business or parlor
containing an aggregate of four or more pool tables,
billiard tables, pinball machines, electronic video screen
game machines, and/or other amusement devices . The fees
levied under this section shall be credited toward such
minimum.
5.16.420 Water companies. An annual fee of $32 . 00 and 850
per customer for the maximum number of customers at one
time during the preceding calendar year.
SECTION 2 : That Chapter 5 .48 of the Huntington Beach
Municipal Code, pertaining to Taxicabs--Vehicles for Hire is
hereby amended to read as follows :
5.48. 120 Annual vehicle fee. Each holder of a certificate
issued hereunder shall pay an annual fee for each fiscal
year or portion of a fiscal year for each vehicle operated
in accordance with the following schedule:
For one taxicab. . . . . . . . . . . . . . . . . . . . . .$110
For each additional taxicab. . . . . . . . . . 30
For one vehicle other than taxicab,
defined in section 5 .48 . 010 . . . . . . . . . $ 25
For each additional vehicle other
than taxicab so defined. . . . . . . . . . . . . $ 10
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SECTION 3 . This ordinance shall take effect thirty (30)
days after aoption.
PASSED AND ADOPTED by the City Council of the City of
Huntin.gton' Beach at a regular meeting thereof held on the 6th
day of July 1992.
' l
Mayor
ATT APPROVED AS TO FORM:
City Clerk 6 ty tto ycz,� G—)�12
REVIEWED AND APPROVED: AT OVED:
City Ad inistrator i e or of Financ
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Ord. No. 3161
STATE OF CALIFORNIA }
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 15th day of June
19 92 and was again read to said City Council at a regular
meeting therof held on the 6th day of july 19 92 and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AY
ES: Councilmembers:
Robitaille Mo t -F t 1 v
NOES: Councilmembers:
ABSENT: Councilmembers:
None
t, Connie €1rvavr,-, C!TY CLERK of the City of
Huntington Pw:ach;_;;d•_x cfficio Clerk of the Gity •fir
COUT'di, do tie;F;Oy cei tixy that a synopsis of this City Clerk and ex-officio Tlerk
ordir� r�,. ce i'ra5 Lseer,punished in the Daily Pilot on of the City Council of the City
�� tg of Huntington Beach, California
In accordance with the City Charter of said City.
Connie Brockwa
City Cerk
pu,iy City Clerk