HomeMy WebLinkAboutOrdinance #4136 ORDINANCE NO. 4136
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO
WIRELESS COMMUNICATIONS FACILITIES
(ZONING TEXT AMENDMENT NO. 17-003)
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 17-003, which amends Chapter
230 of the Huntington Beach Zoning and Subdivision Ordinance relating to wireless
communication facilities; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. Section 230.96 of the Huntington Beach Zoning ar-d Subdivision
Ordinance is hereby amended to read as follows:
230.96 Wireless Communication Facilities
A. Purpose. This section of the Zoning Code is to protect public safety, general welfare,
and quality of life by regulating the location, height and physical characteristics and provide
for orderly and efficient placement of Wireless Communication Facilities in the City of
Huntington Beach.
Because of the potential negative aesthetic impacts of Wireless Communication Facilities,
including visual blight and diminution of property value, the City endeavors to locate
antennas within commercial, industrial and other non-residential zones, screen them from
view, and encourage co-location with other Wireless Communication Facilities. However,
the Federal Telecommunications Act, specifically 47 U.S.C. Section 332(c)(7), preempts
local zoning where a wireless Facility is necessary to remedy a significant gap in the
wireless provider's service. Consequently, where the City determines that the Facility does
not satisfy City planning and zoning standards, the wireless provider may then choose to
establish Federal preemption because (1) a significant gap in wireless coverage exists, and
,ii) there is a lack of feasible alternative site locations. A myriad of factors are involved in
determining if a gap is significant, such as: whether the gap affects a commuter highway;
the nature and character of the area and the number of potential users affected by the alleged
lack of service; whether the signal is weak or nonexistent and whether the gap affects a
commercial district. Consequently, the City will require scientific evidence from an expert
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in the field demonstrating the existence of a significant gap in service, and a lack of feasible
alternative sites. The applicant will be required to pay for the cost of said expert opinion.
B. Definitions. For the purpose of this section, the following definitions for the following
terms shall apply:
1. 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. City Property. Property owned by the City of Huntington Beach, excluding any
public right-of-way.
3. Co-Location or Co-Located. The location or placement of multiple Wireless
Communication Facilities 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.
4. Completely Stealth. Any Wireless Communication 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, fagade mounted antennas
treated as architectural elements to blend in with the existing building, church steeples,
fire towers, and flag poles and light standards of a typical diameter.
5. Data Collection Unit ("DCU"). A Wireless Communication Facility comprised of a
collection unit, a solar panel and whip antennas used for receiving and/or transmitting
wireless signals from distributed gas and water data collector meters, which is a stand-
alone Facility not connected via fiber optic or other physical wiring to any other
Facility. No Wireless Communication Facility operated by an electric corporation, a
telephone corporation, a personal wireless service provider, a commercial mobile
service provider or a mobile telephone service provider shall be considered a DCU.
Size: Solar panels not larger than seven square feet, whip antennas not longer than 40
inches, and collection units not larger than 1.5 cubic feet. DCUs shall be designed to
blend into the surrounding environment and minimize the visual appearance by
matching the color of the poles or buildings where the DCU is located.
6. Ground Mounted Facility. Any Wireless Antenna that is affixed to a pole, tower or
other freestanding structure that is specifically constructed for the purpose of
supporting an antenna.
7. Microwave Communication. The transmission or reception of radio communication
at frequencies of a microwave signal (generally, in the three GHz to 300 GHz
frequency spectrum).
8. Modified Facility. An existing Wireless Communication Facility where the
antennas and/or supporting structure are proposed to be altered in any way from their
existing condition, including like-for-like replacement but excluding co-location.
9. Pre-existing Wireless. Any Wireless Communication Facility for which a building
permit or conditional use permit has been properly issued prior to the effective date of
this section, including permitted Wireless Antennas that have not yet been constructed
so long as such approval is current and not expired.
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10. Public Right-of-Way. The area across, along, beneath, in, on, over, under, upon,
and within the dedicated public alleys, boulevards, courts, lanes, places, roads,
sidewalks, streets, ways, private streets with public access easements within the City's
boundaries, and City-owned properties, as they now exist or hereafter will exist.
11. 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.
12. Small Cell Site. Equipment at a node/location that transmits and/or provides
connection to a mobile communication system. Visible equipment at a small cell site
shall be no larger than four cubic feet per location/site (excluding antennae) with a
maximum of two antennas per location/site and may be affixed to an existing pole
including a light standard. In addition, to qualify as a Small Cell Site, it must comply
with public works design standards.
13. Stealth Techniques. Any Wireless Communication Facility, including any
appurtenances and equipment, which is designed to blend into the surrounding
environment. Examples of stealth technique include, but are not limited to,
monopalms/monopines.
14. Utility Mounted. Any Wireless Antenna mounted to an existing aboveground
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 but not traffic
signals, recreational facility lighting, or any other utility which meets the purpose and
intent of this definition.
15. 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.
16. Wireless Communication Facility or Facility or Wireless Antenna. Any antenna,
structure, or device any way named and any appurtenant facilities or equipment that
transmits electronic waves or is used for the transmission or receipt of waves or signals
that are used in connection with the provision of wireless communication service,
including, but not limited to, Small Cell Sites, digital, cellular and radio service.
C. Applicability. This section shall apply to all Wireless Communication Facilities which
are erected, located, placed or modified within the City of Huntington Beach.
D. Exceptions. Tile following Wireless Communication Facilities shall be exempt from this
section.
1. Any Facility, which is subject to a previously approved and valid entitlement,
may be modified within the scope of the applicable permit without complying with
these regulations. However, modifications outside the scope of a valid entitlement or
any modification to an existing Facility that has not been approved or entitled is
subject to the requirements of the City's existing wireless ordinance.
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2. Any antenna structure that is one meter (39.37 inches) cr less in diameter that 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, and any interpretive
decisions thereof.
3. 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.
4. 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 feet above the
principle building on the same lot.
5. Any antenna structure used by authorized amateur radio stations licensed by the
FCC.
6. Any data collection unit (DCU) on existing poles, or on any new poles within the
public right-of-way or on City property. DCUs shall comply with setback and height
requirements for the zone in which they are located. In addition, all DCUs must
comply with all City Municipal Code requirements, including, but not limited to,
Chapter 12.38 regarding encroachments and Chapter 17.64 regarding undergrounding
of utilities. DCUs shall be at least 500 feet from another DCU within the same
network.
E. Process to Install and Operate Wireless Communication Facilities. No Facility shall
be installed anywhere in the City without first securing either a wireless permit or a
conditional use permit as required below.
1. Wireless Permit Application. The applicant shall initially apply to the Community
Development Department or the Public Works Department for a wireless permit.
If the request is to install a Wireless Communication Facility on a City owned facility
including the public right-of-way, the applicant shall submit a completed wireless
permit application ("application") and pay all required fees to the Public Works
Department. All other wireless permit applications shall be submitted to the
Community Development Department. The application shall be in the form approved
by the Community Development Director or the Public Works Director, and at a
minimum shall provide the following information:
a. Precise location of the Facility.
b. Evidence that the Facility is compatible with the surrounding environment
or that the Facility is architecturally integrated into a structure.
C. Evidence that the Facility is screened or carnouflaged by existing or
proposed topography, vegetation, buildings or other structures as measured from
beyond the boundaries of the site at eye level (six feet).
d. Evidence that the massing and location of the proposed Facility are
consistent with surrounding structures and zoning districts.
e. Evidence that no portion of the Facility will encroach over property lines.
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f. Property owner authorization or evidence of fee ownership of property
where the Facility will be installed. In the case of City-owned property or any
public right-of-way, the applicant shall provide a license, lease, franchise, or other
similar agreement from the City to place any Facility over, within, on, or beneath
City property or right-of-way.
g. Locations of all other Wireless Antennas within 1,000 feet of a proposed
ground mounted Facility. Co-location of ground mounted facilities shall be
required where feasible whenever such a Facility is proposed within 1,000 feet of
any existing Wireless Antenna.
h. Any other relevant information as required by the Director of Community
Development or the Director of Public Works.
The Community Development Department or Public Works Department will initially
review and determine if the application is complete. The City may deem the application
incomplete and require re-submittal if any of the above information is not provided.
2. Director Approval. Following submittal of a complete application, the City will
determine whether the Facility may be approved by the Community Development
Director or Public Works Director or whether a conditional use permit or other
entitlement is required. Wireless permit applications will be processed based upon the
location and type and size of antennas defined in herein. Although said classifications
are assigned at project intake, a re-evaluation of antenna classifications may occur at
any point in the process including at the time of review by the Director, Zoning
Administrator, Planning Commission or City Council.
A Facility not subject to any other discretionary approval may be administratively
approved by the Director by issuing a wireless permit if it is:
a. Co-located on an existing approved wireless Facility, does not exceed the
existing Wireless Facility heights, and employs stealth techniques such that the
co-located wireless Facility is compatible with surrounding buildings and land
uses; or
b. A modified Facility that complies with the base district height limit plus
up to an additional 10 feet of height as permitted in Section 230.72 and
compatible with surrounding buildings and land uses by incorporating stealth
techniques; or
C. A Facility that complies with the base district height limit plus up to an
additional 10 feet of height as permitted in Section 230.72, is completely stealth
and is not ground or utility mounted; or
d. A Small Cell Site.
The Director may require conditions of approval of the Wireless Communication
Facility in order to minimize adverse health, safety and welfare impacts (including
aesthetic impacts)to the community.
A decision of the Director to grant a wireless permit shall become final 10 days
following the date of the decision unless an appeal to the Planning Commission is filed
as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO).
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The Director shall issue findings of approval that the Facility meets the above criteria
and is not a detriment to the health, safety and welfare of the community.
3. Zoning Administrator Approval. In the event the Director determines that the
applicant does not meet the requirements for Director approval of a wireless permit,
then the applicant must apply for a conditional use permit (CUP) to the Zoning
Administrator pursuant to Chapter 241 of the HBZSO.
Notwithstanding any other provisions of the HBZSO, any new ground or utility
mounted wireless facilities shall be required to obtain a CUP.
The Zoning Administrator may require as a condition of approval that the applicant
minimize adverse impacts to the community including aesthetic visual impacts by
incorporating one or more of the following into project design and construction:
a. Completely stealth installations;
b. Stealth techniques;
C. Co-location and locating facilities within existing building envelopes,
d. Colorization or landscaping to minimize visual prominence; and/or
e. Removal or replacement of facilities that are obsolete.
Further conditions of approval of a CUP may be imposed as provided in Chapter 241
of the HBZSO. The Zoning Administrator's decision may be appealed to the Planning
Commission in accordance with Chapter 248 of the HBZSO.
4. Design Review. Design review shall be required for any Wireless Communication
Facilities pursuant to the HBZSO. In addition, Wireless Communication Facilities
located on public rights-of-way and on or within 300 feet of a residential district or use
in the City shall be required to obtain design review approval.
Notwithstanding any other provisions of the HBZSO, design review is not required for
wireless communication facilities (including Small Cell Sites) that may be approved by
the Director pursuant to Subsection E.2 (Director Approval) above and have all
appurtenant facilities and equipment located underground or within an existing
building or existing enclosure.
F. Applicant May Assert Federal Preemption at Time of Appeal to Planning
Commission.
1. If the decision on the wireless permit or conditional use permit is appealed (either
by applicant or an aggrieved party) to the Planning Commission, the applicant may
assert that Federal law preempts the City from denying the application because denial
would effectively prohibit wireless service. The applicant shall pay a Denial of
Effective Service appeal fee in an amount to be established by City Council resolution,
which amount shall be the estimated cost for the City to retain an independent,
qualified consultant to evaluate any technical aspect of a proposed Wireless
Communication Facility, including, but not limited to, issues involving whether a
significant gap in coverage exists. A Denial of Effective Service appeal must be
submitted prior to the expiration of the appeal period for a wireless permit or
conditional use permit.
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2. The Director shall establish the form of the Denial of Effective Service appeal. At
a minimum, the applicant shall provide the following information as part of the appeal:
In order to prevail in establishing a significant gap in coverage claim the applicant
shall establish at minimum the following based upon substantial evidence:
a. Evidence demonstrating the existence and nature of a significant gap in
service in the vicinity of the proposed Facility, including, but not limited to,
whether the gap pertains to residential in-building, commercial in-building
coverage, in-vehicle coverage, and/or outdoor coverage.
b. Evidence demonstrating that the applicant has pursued other feasible sites
for locating the Facility, but that they are unavailable on commercially practicable
terms.
C. Evidence demonstrating the radio frequency signal strength transmission
requirements and objectives that the applicant has established for the Southern
California region, and for the City of Huntington Beach.
d. Radio frequency propagation maps demonstrating actual transmission
levels in the vicinity of the proposed Facility site, and any alternative sites
considered.
e. Radio frequency drive tests demonstrating actual transmission levels in the
vicinity of the proposed Facility site, and any alternative sites considered.
f. Reports regarding the applicant's monthly volume of mobile telephone
calls completed, not completed, dropped, handed-off, not handed-off, originated
and not originated for the signal area to be covered by the proposed Facility.
g. Any proprietary information disclosed to the City or the consultant is
deemed not to be a public record, and shall remain confidential and not be
disclosed to any third party without the express consent of the applicant, unless
otherwise required by law. In the event the applicant does not provide this
information, the City may conclusively presume that no Denial of Effective
Service exists.
All of the information noted above shall be submitted to the City within 30 days of the
filing of the Denial of Effective Service appeal unless an extension is granted by the
Director.
3. The Denial of Effective Service appeal shall be considered concurrently with the
wireless permit or CUP appeal hearing before the Planning Commission. Prior to the
scheduling of the public hearing on the wireless permit cr CUP appeal, the City
Attorney shall be authorized to issue administrative subpoenas to compel production of
such documents, testimony and other evidence relevant to the applicant's Denial of
Effective Service claims.
G. Wireless Communication Facility Standards. The following standards shall apply to
all Wireless Communication Facilities:
1. Screening. All screening used in conjunction with a wall or roof mounted
Wireless Antenna shall be compatible with the architecture of the building or other
structure to which it is mountea, including color, texture and materials. All ground or
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utility mounted facilities shall be designed to blend into the surrounding environment,
or architecturally integrated into a building or other concealing structure.
2. Equipment/Accessory Structures. All equipment associated with the operation of
the Wireless Antenna, 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 and Section 230.76. 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. Chain link fencing and barbed wire are prohibited.
3. General Provisions. All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines.
4. 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.
5. Co-Location. Co-location of ground mounted facilities shall be required where
feasible whenever such a Facility is proposed within 1,000 feet of any existing
Wireless Antenna.
6. Federal and State Requirements. All Wireless Communication Facilities must
meet or exceed current federal and state laws, standards and regulations of the FCC,
and any other agency of the federal or state government with the authority to regulate
Wireless Communication Facilities.
7. Interference. To eliminate interference, 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 Wireless Antenna
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.
8. 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.
9. Maintenance. All facilities and appurtenant equipment including landscaping shall
be maintained to remain consistent with the original appearance of the Wireless
Antenna. Ground mounted facilities shall be covered with anti-graffiti coating.
10. Monitoring. 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.
11. Signs. The Wireless Antenna shall not bear any signs or advertising devices other
than owner identification, certification, warning, or other required seals of signage.
12. Landscaping. Landscape planting, irrigation and hardscape improvements may be
imposed depending on the location, the projected vehicular traffic, the impact on
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existing facilities and landscape areas, and the visibility of the proposed. Wireless
Antenna. Submittal of complete landscape and architectural plans for review and
approval by the Directors of Public Works and Planning and Building Departments
may be required.
13. 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 that will be supplying the power or
other services, that they accept all responsibility for those lines in the public right-of-
way.
H. Facilities in the Public Right-of-Way and City Owned Facilities. Any Wireless
Communication Facility to be placed over, within, on or beneath the public right-of-way
including on/within City owned facilities shall comply with all City Municipal Code
requirements, including, but not limited to, the Zoning and Subdivision Ordinance section
230.96 (above); Chapter 12.38 regarding encroachments; and Chapter 17.64 regarding
undergrounding of utilities. All Facilities proposed to be located on City owned
property/facilities (including those located in the public right-of-way) must also execute a
License Agreement with the City.
I. Facility Removal. Wireless Communication Facilities affecting the public view and/or
located in areas designated Water Recreation, Conservation, Parks and Shoreline, and
Public Rights-of-Way shall be removed in its entirety within six months of termination of
use and the site restored to its natural state.
J. Cessation of Operation.
1. Abandonment. Within 30 calendar days of cessation of operations of any Wireless
Communication Facility approved under this section, the operator shall notify the
Director in writing. The Wireless Antenna 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 months of the notice; or
b. -The City has received written notification of a transfer of the Wireless
Communication Facility.
2. City Initiated Abandonment. A Wireless Antenna that is inoperative or unused for
a period of six continuous months shall be deemed abandoned. Written notice of the
City's determination of abandonment shall be provided to the operator of the Wireless
Antenna and the owner(s) of the premises upon which the antenna is located. Such
notice may be delivered in person, or mailed to the address(es) stated on the permit
application, and shall be deemed abandoned at the time delivered or placed in the mail.
3. Removal of Abandoned Wireless Antenna. The operator of the Wireless Antenna
and the owner(s) of the property on which it is located, shall within 30 calendar days
after notice of abandonment is given either (1) remove the Wireless Antenna in its
entirety and restore the premises, or (2) provide the Director with written objection to
the City's determination of abandonment.
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a. Any such objection shall include evidence that the Wireless Antenna was
in use during the relevant six-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.
b. At any time after 31 calendar days following the notice of abandonment,
or immediately following a notice of determination by the Director, if applicable,
the City may remove the abandoned Wireless Antenna 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 antenna (or any part
thereof). The owner of the premises upon which the abandoned antenna was
located, and all prior operators of the antenna, 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 Wireless Antenna, convert it to the City's use, sell it, or
dispose of it in any manner deemed appropriate by the City.
SECTION 2. 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 21 day of August , 2017.
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ATTEST: APPROVED AS TO FORM:
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. City Clerk Nj,,V City ,,kttorney
REVIEW. APPROVED: INITIATEI'�A APP. CVED:
ity Manager Director oCommunity Development
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Ord. No. 4136
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 August 7,2017, and was again read to said City
Council at a Regular meeting thereof held on August 21, 2017, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
1,Robin Estanislau,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 Wave on August 31,2017.
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy city Clerk of the City Council of the City
of Huntington Beach, California