HomeMy WebLinkAboutOrdinance #3568 ORDINANCE NO. 3568
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY
RELATING TO WIRELESS COMMUNICATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. In Section 203.06 of Chapter 203 of the Huntington Beach Municipal
Code,the definition of Antenna, Communication is amended to read as follows:
203.06 Definitions
Antenna, Communication. All types of receiving and transmitting antenna, except satellite
dish antenna, including but not limited to cable television antenna, wireless communication
antenna, FM digital communication antenna, microwave telephone communication antenna,
amateur radio antenna, and short-wave communication antenna and other similar antenna.
SECTION 2. Section 204.10 of Chapter 204 of the Huntington Beach Municipal Code,
subpart I entitled "Communication Facilities,"is amended to read as follows:
I. Communications Facilities. Broadcasting,recording, and other communication services
accomplished through electronic or telephonic mechanisms, but excluding Utilities
(Major). This classification includes radio, television, or recording studios; telephone
switching centers; telegraph offices; and wireless communication facilities.
SECTION 3. In Section 210.04 of Chapter 210, of the Huntington Beach Municipal
Code, the list of land uses is amended to add "Communication Facilities" as a permitted use,
subject to the new land use control description of L-5, as follows:
RL RM RMH RMP Additional
RH Provisions
Communication Facilities. L-5 L-5 L-5 L-5
L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless
Communication Facilities.
SECTION 4. In Section 211.04 of Chapter 211 of the Huntington Beach Municipal
Code,the land use control designation for Communication Facilities is amended from "P" to the
new designation of"L-13",as follows:
CO CG CV Additional Provisions
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CO CG CV Additional Provisions
Communication Facilities. L-13 L-13 L-13
L-13 For wireless communication facilities see Section 230.96 Wireless
Communication Facilities. All other communication facilities permitted.
SECTION 5. In Section 212.04 of Chapter 212 of the Huntington Beach Municipal
Code, the land use control designation is amended from "P"to the new description of"L-12" as
follows:
IG IL Additional
Provisions
Communication Facilities L-12 L-12
L-12 For wireless communication facilities see section 230.96 Wireless Communication
Facilities. All other communication facilities permitted.
SECTION 6. In Section 213.06 of Chapter 213 of the Huntington Beach Municipal
Code, the list of land uses is amended to add "Communication Facilities" as a permitted use,
subject to the new land use control designation of L-4, as follows:
OS-PR OS-S OS-WR Additional
Provisions
Communication Facilities L-4
L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless
Communication Facilities.
SECTION 7. In Section 214.06 of Chapter 214 of the Huntington Beach Municipal
Code, the list of land uses is amended to add "Communication Facilities" as a permitted use,
subject to the new land use control description of L-4, as follows:
Additional
PS Provisions
Communication Facilities L-4
L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless
Communication Facilities.
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SECTION 8. Section 230.72 of Chapter 230 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
230.72 Exceptions to Height Limits
Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls
not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless
communication facilities); radio and television antennas (except satellite dish antennae); and
similar structures and necessary mechanical appurtenances (except wind-driven generators)
may exceed the maximum permitted height in the district in which the site is located by no
more than. 10 feet. The Zoning Administrator may approve greater height with a conditional
use permit. Within ,the coastal zone exceptions to height limits may be granted only when
public visual resources are preserved and enhanced where feasible.
SECTION 4. Section 230.80 of Chapter 230 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
230.80 Antennae
A. Purpose. The following provisions are established to regulate installation of antennae to
protect the health, safety, and welfare of persons living and working in the City and to
preserve the aesthetic value and scenic quality of the City without imposing unreasonable
limitations on, prevent the reception of signals, or imposing excessive costs on the users of
the antennae.
B. Permit Required. Approval by the Director shall be required for the installation of an
antenna or satellite antenna to ensure compliance with the locational criteria. Construction
shall be subject to the provisions of the Uniform Building Code and National Electrical
Code, as adopted by the City. Within the coastal zone, approval of a coastal development
permit shall be required for installation of any antenna that meets the definition of
development in Section 245.04 unless it is exempt pursuant to Section 245.08.(3334)
C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any
zoning district if it complies with the following criteria:
1. Number: Only one satellite antenna may be permitted on a residential lot.
2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be
required in interior side and rear setback areas if the antenna or satellite antenna does not
exceed 6 feet in height. No antenna or satellite antenna shall be located in a required
front yard. When roof-mounted, the antenna or satellite antenna shall be located on the
rear one-half of the roof.
3. Maximum Height:
a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the
ground or the maximum building height for the district in which the satellite antenna
is located, if roof-mounted.
b. The maximum height of an antenna shall not exceed the maximum building height for
the district in which the antenna is located.
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4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10
feet in all districts with the exception that the diameter may be increased in
non-residential districts if a conditional use permit is approved by the Zoning
Administrator.
5. Screening: The structural base of an antenna or satellite antenna, including all bracing
and appurtenances, but excluding the antenna or dish itself, shall be screened from public
view and adjoining properties by walls, fences, buildings, landscape, or combinations
thereof not less than 7 feet high so that the base and support structure are not visible from
beyond the boundaries of the site at a height-of-eye 6 feet or below.
6. Undergrounding: All wires and/or cables necessary for operation of the antenna or
satellite antenna or reception of the signal shall be placed underground, except for wires
or cables attached flush with the surface of a building or the structure of the antenna or
satellite antenna.
7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall
be permitted.
8. Exception: Requests for installation of an antenna or satellite antennae on sites that are
incapable of receiving signals when installed pursuant to the locationai criteria may be
permitted subject to conditional use permit approval by the Zoning Administrator. The
applicant shall submit documentation that installation at a height greater than permitted,
or in another yard area, is necessary for the reception of usable antenna or satellite
signals. .Applications shall be.approved upon finding that the aesthetic value and scenic
quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed,
and upon the findings contained in Chapter 241.
SECTION 10. Chapter 230 of the Huntington Beach Municipal Code is hereby amended
by adding new Section 230.96 thereto, to read as follows:
230.96 Wireless Communication Facilities
A. Purpose. All wireless communication facilities shall comply with these requirements and
guidelines in order to regulate the location and design of wireless facilities for the
protection of public safety, general welfare, and quality of life in the City of Huntington
Beach.
B. Permit Required.
1. Administrative approval by the Director may be granted for proposed wireless
communication facilities (including but not limited to ground mounted, co-
located, wall, roof, or utility mounted)that are:
a. Co-located to approved facilities at existing heights or complies with the
base district height limit for modified facilities, and compatible with
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surrounding buildings and land uses by incorporating stealth techniques;
or
b. Completely stealth facilities and complies with the base district height
limit; or
C. Facilities in non-residential districts and in compliance with the maximum
building height permitted within the zoning district; and
1. Screened from view and not visible from beyond the boundaries of
the site at eye level (six feet); or
2. Substantially integrated with the architecture of the existing
building or structure to which it is to be mounted; or
3. Designed to be architecturally compatible with surrounding
buildings and land uses by incorporating stealth techniques.
2. Conditional use permit approval by the Zoning Administrator shall be required for
all proposed wireless communication facilities (including but not limited to
ground mounted, co-located, wall, roof or utility mounted) that are:
a. Exceeding the maximum building height permitted within the zoning
district; or
b. Visible from beyond the boundaries of the site at eye level (six feet); or
C. Not substantially integrated with the architecture of the existing building
or structure to which it is to be mounted; or
d. Not designed to be architecturally compatible with surrounding buildings
and land uses; or
e. Facilities in residential districts that do not meet B.La or B.Lb.
3. Design review shall be required for wireless communication facilities located in
redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas
subject to specific plans, on or within 300 feet of a residential district, and in areas
designated by the City Council. Design review is not required for wireless
communication facilities that comply with section B.1.
C. Definitions. For the purpose of this section, the following definitions for the following
terms shall apply:
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L Accessory Structure. Any structure or equipment that is to be located ancillary to
an antenna or antennas in the establishment and operation of a wireless
communication facility.
2. Co-Location or Co-Located. The location of multiple antennas which are either
owned or operated by more than one service provider at a single location and
mounted to a common supporting structure,wall or building.
3. Completely Stealth Facili Any stealth facility that has been designed to
completely screen all aspects of the facility including appurtenances and
equipment from public view. Examples of completely stealth facilities may
include,but are not limited to architecturally screened roof-mounted antennas,
facade mounted antennas treated as architectural elements to blend with the
existing building,flagpoles, church steeples, fire towers, and light standards.
4. Ground Mounted_Facility. Any wireless antenna that are affixed to a pole, tower
or other freestanding structure that is specifically constructed for the purpose of
supporting an antenna.
5. Microwave Communication. The transmission or reception of radio
communication at frequencies of a microwave signal (generally, in the 3 GHz to
300 GHz frequency spectrum).
6. Pre-existing Wireless Facility. Any wireless communication facility for which:a
building permit or conditional use permit has been properly issued prior to the
effective date of this ordinance,including permitted facilities that have not yet
been constructed so long as such approval is current and not expired.
7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an
existing building,water tank,tower or structure other than a telecommunications
tower.
8. ,Stealth Facilitv or Techniques. Any wireless communication facility, which is
designed to blend into the surrounding environment,typically, one that is
architecturally integrated into a building or other concealing structure. See also
definition of completely stealth facility.
9. Telecommunication Facility A wireless communication facility that is either
wall mounted, utility mounted, or roof mounted.
l0. Utility Mounted. Any wireless antenna mounted to an existing above-ground
structure specifically designed and originally installed to support utilities such as
but not limited to electrical power lines, cable television lines,telephone lines,
non-commercial wireless service antennas, radio antennas, street lighting,
recreational facility lighting,traffic signal equipment or any other utility which
meets the purpose and intent of this definition.
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11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical
surface of a building or other existing structure that is not specifically constructed
for the purpose of supporting an antenna(including the exterior walls of a
building, an existing parapet,the side of a water tank, the face of a church steeple,
or the side of a freestanding sign) such that the highest point of the antenna
structure is at an elevation equal to or lower than the highest point of the surface
on which it is mounted.
12. Wireless Communication Facility or Facility. An antenna structure and any
appurtenant facilities or equipment that are used in connection with the provision
of wireless communication service, including, but not limited to digital, cellular
and radio service.
D. Applicability.
1. All wireless communication facilities which are erected, located, or modified
within the City of Huntington Beach on or following the effective date of section
230.96 shall comply with these guidelines, subject to the categorical exemptions
under subparagraph (3) of this section, provided that:
a. All facilities, for which applications were determined complete by the
Planning Department prior to the effective date of this section, shall be
exempt from these regulations and guidelines.
b. All facilities for which Building and Safety issued building permits prior
to the effective date of section 23096 shall be exempt from these
regulations and guidelines, unless and until such time as subparagraph (2)
of this section applies.
C. Any facility, which is subject to a previously approved and valid
conditional use permit, may be modified within the scope of the
applicable permit without complying with these regulations and
guidelines.
2. All facilities for which building permits and any extension thereof have expired
shall comply with the provisions of section 230.96.
3. The following uses shall be exempt from the provisions of section 230.96 until
pertinent federal regulations are amended or eliminated. See Section 230.80
(Antennae) for additional requirements.
a. Any antenna structure that is one meter(39.37 inches) or less in diameter and
is designed to receive direct broadcast satellite service, including direct-to-
home satellite service for television purposes,.as defined by Section 207 of the
Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations,
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and any.interpretive decisions thereof issued by the Federal Communications
Commission(FCC).
b. Any antenna structure that is two meters (78.74 inches) or less in diameter
located in commercial or industrial zones and is designed to transmit or
receive radio communication by satellite antenna.
c. Any antenna structure that is one meter (39.37 inches) or less in diameter or
diagonal measurement and is designed to receive Multipoint Distribution
Service, provided that no part of the antenna structure extends more than five
(S) feet above the principle building on the same lot.
d. Any antenna structure that is designed to receive radio broadcast transmission.
e. Any antenna structure used by authorized amateur radio stations licensed by
the FCC.
E. Facility Standards.
1 Aesthetics:
a. Facility: All screening used in conjunction with a wall or roof mounted
facility shall be compatible with the architecture of the building or other
structure to which it is mounted, including color, texture and materials.
All ground mounted facilities shall be designed to blend into the
surrounding environment, or architecturally integrated into a building or
other concealing structure.
b. Equipment/Accessory Structures: All equipment associated with the
operation of the facility, including but not limited to transmission cables,
shall be screened in a manner that complies with the development
standards of the zoning district in which such equipment is located.
Screening materials and support structures housing equipment shall be
architecturally compatible with surrounding structures by duplicating
materials and design in a manner as practical as possible. If chain link is
used, then it must be vinyl coated and not include barbed wire.
C. General Provisions: All Wireless Communication Facilities shall comply
with the Huntington Beach Urban Design Guidelines.
2. Building Codes: To ensure the structural integrity of wireless communication
facilities,the owners of a facility shall ensure that it is maintained in compliance
with standards contained in applicable state or local building codes and the
applicable standards for facilities that are published by the Electronic Industries
Association, as amended from time to time.
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3. Conditions of Approval. Acceptance of conditions by the applicant and property
owner shall be ensured by recordation of the conditions on the property title.
4. Federal Re uirements: All Wireless Communication Facilities must meet or
exceed current standards and regulations of the FCC, and any other agency of the
state or federal government with the authority to regulate wireless communication
facilities.
5. Interference: To eliminate interference the following provisions shall be required
for all wireless communication facilities regardless of size:
a. Prior to issuance of a building permit, the applicant must submit the
following information to the Police Department for review:
1. All transmit and receive frequencies;
2. Effective Radiated Power (ERP);
3. Antenna height above ground; and
4. Antenna pattern, both horizontal and vertical (E Plane and H Plane).
b. At all times, other than during the 24-hour cure period, the applicant shall
comply with all FCC standards and regulations regarding interference and
the assignment of the use of the radio frequency spectrum. The applicant
shall not prevent the City of Huntington Beach or the countywide system
from having adequate spectrum capacity on the City's 800 MHz voice and
data radio frequency systems. The applicant shall cease operation of any
facility causing interference with the City's facilities immediately upon
the expiration of the 24-hour cure period until the cause of the interference
is eliminated.
C. Before activating its facility, the applicant shall submit to the Police and
Fire Departments a post-installation test to confirm that the facility does
not interfere with the City of Huntington Beach Public Safety radio
equipment. The Communications Division of the Orange County Sheriff's
Department or Division-approved contractor at the expense of the
applicant shall conduct this test. This post-installation testing process
shall be repeated for every proposed frequency addition and/or change to
confirm the intent of the "frequency planning"process has been met.
d. The applicant shall provide to the Planning Department a single point of
contact (including name and telephone number) in its Engineering and
Maintenance Departments to whom all interference problems may be
reported to insure continuity on all interference issues. The contact person
shall resolve all interference complaints within 24 hours of being notified.
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e. The applicant shall insure that lessee or other user(s) shall comply with the
terms and conditions of this permit, and shall be responsible for the failure
of any lessee or other users under the control of the applicant to comply.
6. Lighting: All outside lighting shall be directed to prevent "spillage" onto
adjacent properties_, unless required by the FAA or other applicable authority, and
shall be shown on the site plan and elevations.
7. Maintenance: All facilities and appurtenant equipment shall be maintained to
remain consistent with the original appearance of the facility. Ground mounted
facilities shall be covered with anti-graffiti coating.
8. Monitoring: For all wireless communication facilities, the applicant shall provide
a copy of the lease agreement between the property owner and the applicant prior
to the issuance of a building permit.
9. Signs: The facility shall not bear any signs or advertising devices other than
certification, warning, or other required seals of signage.
F. Site Selection. For all wireless communication facilities, the applicant shall provide
documentation that demonstrates the following:
1. Compatibility with the surrounding environment or architecturally integrated into
a structure.
2. Screened or camouflaged by existing or proposed topography, vegetation,
buildings or other structures as measured from beyond the boundaries of the site
at eye level (six feet).
3. Massing and location of the proposed facility are consistent with surrounding
structures and zoning districts.
4. No portion of a wireless communication facility shall project over property lines.
G. Facilities in the Public Ri hg to€Way. Any wireless communication facility to be placed
over, on or beneath the public right-of-way shall comply with the following standards:
l. Any wireless communication facilities to be constructed on or beneath the public
right-of-way must have a franchise agreement with the City or the owner that has
a wireless franchise agreement with the City, or the applicant must provide
documentation demonstrating that the applicant is a state-franchised telephone
corporation exempt from local franchise requirements.
2. All equipment associated with the operation of a facility, including but not limited
to transmission cables, shall be placed underground in those portions of the street,
sidewalks and public rights-of-way where cable television, telephone or electric
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lines are underground. At no time shall equipment be placed underground
without appropriate conduit.
3. The City Engineer shall approve the location and method of construction of all
facilities located within public rights-of-way.
4. All wireless communication facilities shall be subject to applicable City permit
and inspection fees, including, but not limited to, those pertaining to
encroachment permits and all applicable fees.
]. Any wireless communication facility installed, used or maintained within the
public rights-of-way shall be removed or relocated when made necessary by any
"project." For purposes of this section, project shall mean any lawful change of
grade, alignment or width of any public right-of-way, including but not limited to,
the construction of any subway or viaduct that the City may initiate either through
itself, or any redevelopment agency, community facility district, assessment
district, area of benefit, reimbursement agreement or generally applicable impact
fee program.
6. Wireless communication facilities may be installed on existing utility poles,
conduits and other facilities of a public utility, with the approval of the City
Engineer,provided a franchise agreement exists allowing wireless installation.
7. Prior to the approval of any required building permits or entitlements (Conditional
Use Permits, Variances, etc.) the applicant shall have a franchise agreement
approved by the City Council.
H. Facilities on Public Property. Any wireless communication facility to be placed over, on
or beneath public property shall comply with the following standards:
1. Wireless communication facilities shall be installed in accordance with all
applicable City codes and ordinances, including, but not limited to, standards for
paving in the event that any undergrounding of utilities is required.
2. Any wireless communication facilities to be constructed on or beneath public
property must have a lease agreement with the city.
I. Additional Requirements.
1. Landscaping: Landscape planting, irrigation and hardscape improvements may be
imposed depending on the location, the projected vehicular traffic,the impact on
existing facilities and landscape areas, and the visibility of the proposed facility.
Submittal of complete landscape and architectural plans for review and approval
by the Directors of Public Works and Planning may be required. Public Works
inspectors may require additional improvements during installation based on
facility impacts.
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2. Utility Agreement: If the proposed facility will require electrical power or any.
other utility services to the site,the applicant will be required to furnish the City's
Real Estate Services Manager, either a drafted utility franchise agreement
between the City of Huntington Beach and the applicant to place those lines in the
public right-of-way, or a written statement from the utility company who will be
suppiying.the power or other services;that.they accept all responsibility for those
lines in the public right-of way.
J. Facility Removal.
1. Cessation of Operation: Within thirty(30) days of cessation of operations of any
wireless communication facility approved under this section,the operator shall
notify the Planning Department in writing. The facility shall be deemed
abandoned pursuant to the following sections unless:
a. The City has determined that the operator has resumed operation of the
wireless communication facility within six(6)months of the notice; or
b. The City has received written notification of a transfer of wireless
communication operators.
2. Abandonment: A facility that is inoperative or unused for a period of six (6)
continuous months shall be deemed abandoned. Written notice of the.City's
determination of abandonment shall be provided to the operator of the facility and
the owner(s) of the premises upon which the facility is located. Such notice may
be delivered in person,or mailed to the address(es)stated on the facility permit
application, and shall be deemed abandoned at the time delivered or placed in the
mail_
3. Removal of Abandoned Facility: The operator of the facility and the owner(s) of
the property on which it is located, shall within thirty(30) days after notice of
abandonment is given either(1)remove the facility and restore the premises,or
(2)provide the Planning Department with written,objection to the City's
determination of abandonment. Any such objection shall include evidence that
the facility was in use during the relevant six-(6)month period and that it is
presently operational. The Director shall review all evidence, determine whether.
or not the facility was properly deemed abandoned, and provide the operator
notice of its determination.
4. Removal by City: At any time after thirty-one (31)days following the notice of
abandonment, or immediately following a notice of determination by the Director,
if applicable,the City may remove the abandoned facility and/or repair any and
all damage to the premises as necessary to be in compliance with applicable
codes. The City may,but shall not be required to, store the removed facility(or
any part thereof). The owner of the premises upon which the abandoned facility
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was located, and all prior operators of the facility, shall be jointly liable for the
entire cost of such removal, repair, restoration and/or storage, and shall remit
payment to the City promptly after demand thereof is made. The City may, in
lieu of storing the removed facility, convert it to the City's use, sell it, or dispose
of it in any manner deemed appropriate by the City.
SECTION 11. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of August 2002.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
zty Attorney
REVIEWED AND APPROVED: 7
INIT 4ectoiKf
ND APPROVED: ��v
City A inistrator
Dir Planning
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. ........ ...... ...
Ord. No. 3568
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 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 thereof held on the 5th day of August, 2002, and was again read to
said City Council at a regular meeting thereof held on the 19th day of August, 2002,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Dettloff,Boardman, Cook,Houchen, Winchell, Bauer
NOES: None
ABSENT: Green(out of room)
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on
„. ............ I, Q gu? 2002
In accordance with the City Charter of said City City Clerk and ex-off cio Clerk
/ Connie Brockway, Qy Clerk of the City Council of the City
7 deputy City Clerk of Huntington Beach, California