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HomeMy WebLinkAboutCC Ord 1428 1998-01-26 ORDINANCE NO. /f,zB AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF SEAL BEACH RELATING TO REGULATIONS FOR MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDAINS AS FOLLOWS: section 1. section 12-6(a) of Chapter 12 of the Code of the I City of Seal Beach is hereby amended to read as follows: "(a) Any person desiring to obtain a permit to operate a massage establishment shall complete an application as provided herein under penalty of perjury to the Chief of Police or his or her authorized representative. Prior to submitting such application, the prospective applicant shall pay to the City Finance Officer a non- refundable application fee, in an amount established by Resolution of the city Council, to defray, in part, the costs of the investigation and report required by this Chapter. The applicant shall include a copy of the receipt for this fee with the application." Section 2. section 12-7(a) (5) of the Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "(5) The applicant has' not: (i) within five (5) years immediately preceding the date of filing of the application in question, been convicted in a court of competent jurisdiction of, or entered a plea of guilty or nolo contendere to: aa. Any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage practitioner; or, I bb. Any felony the commission of which occurred on the premises of a massage establishment; or, (ii) Within five (5) years immediately preceding the date of the filing of the application in question, had any massage establishment, operator, technician, 'practitioner, or trainee license or permit issued by the State of California, or any county or city revoked; or, (Hi) within five (5) years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of, or entered a plea of guilty or nolo contendere to: aa. Any violation of California Penal Code I Sections 266(h), 266(I), 314, 315, 316, 318, or sections 647(a), (b) or (h), or any lesser included offense thereof or any other state law involving a crime of moral turpitude; or, bb. Conspiracy or attempt to commit any such offense; or, cc. Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or, I I I Ordinance Number I'~ dd. Any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; or, ee. Been found guilty of or pleaded guilty or nolo contendere to any lesser-included offense of the above; or, (iv) Been required to register under the provisions of California Penal Code Section 290; or, (v) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California." Section 3. The following subsections are hereby added to section 12-7(a) of Chapter 12 of the Code of th~ city of Seal Beach: " (10) The applicant possesses the requisite background and qualifications to conduct a bona fide massage establishment. (11) The applicant has not violated any provision of this Chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments. (12) The premises sought to be licensed have been inspected by the Orange County Health Department and found to be in compliance with all applicable health laws and regulations." section 4. section 12-7(c) of the Code of the city of Seal ,Beach is hereby amended by replacing the words "City Council" therein with the words "City Manager." Section 5. section 12-9(c) of Chapter 12 of the Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "(c) Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each massage establishment. All letters and numbers shall be printed not .less than one inch (1") in height. No services shall be performed and no sums shall be charged or collected for such services other than those posted. All arrangements for services to be performed shall be made in a room in the massage establishment which is not used for administration of massages, baths, or health treatments, unless no other such room exists in the establishment. No massage practitioner shall, after the commencement of any service for any patron, advise, suggest, or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether such patron desires any additional service to be performed. No massage practitioner shall perform any service for any patron which was not ordered by such patron prior to the commencement of performance of any service rendered." Section 6. Subsections (k) through (u), inclusive, of Section 12-9 of Chapter 12 of the Code of the City of Seal Beach are hereby renumbered as (1) through (v), respectively. New Ordinance Number lite Subsection (k) is hereby added to the same section, to read as follows: "(k) There shall be no full or partial nudity permitted by employees of the massage establishment and employees shall not reveal Specified Anatomical Areas, as defined in Chapter ll-E of this Code, in the presence of any customer or patron.'" Section 7. Subsection (w) is hereby added to section 12-9 of Chapter 12 of the Code of the City of Seal Beach, to read as follows: I "(w) No person licensed to operate a massage establishment shall operate under any name or conduct business under any name or business designation not specified in the license." Section 8. The initial paragraph of Section 12-10(a) of Chapter 12 of the Code of the city of Seal Beach is hereby amended in its entirety to read as follows: "(a) No person shall operate or permit any person to operate a massage establishment, or employ or permit any person to act as a massage technician, in any premises unless each and all of the following conditions are met:.. Section 9. Subsection (al (10) of Section 12-10 of Chapter 12 of the Code of the City of Seal Beach is hereby renumbered as (a) (11), and new subsection (a) (10) is hereby added to the same section, to read as follows: .. (10) Each room or area of a massage establishment in which a massage is performed shall be equipped with a table designed and manufactured for medical or massage uses. In no case shall any room or area of a massage establishment in which a massage is performe~ be furnished with a mattress or bed." I section 10. Existing Section 12-11 of the Code of the City of Seal Beach is hereby renumbered as Section 12-11(a), and subsection (b) is hereby added to the same Section, to read as follows: "(b) Whenever any authorized inspector makes an inspection of a massage establishment and finds that'any provision of this Chapter has been violated, the Chief of Police or Orange County Health Inspector shall cause notice of such violation to be given to the permittee by means of an inspection report or other written notice. Any such notification shall: (1) Set forth the specific violation or violations found; (2) Establish a specific and reasonable period of time for the correction of the violation or violations. If the Chief of Police or Health Inspector determines that the violation or violations are minor in nature or not continuing violations, that person may issue a warning to the permittee that any further violation of this Chapter may result in the revocation or suspension of the permtt; I . (3) State that failure to comply with any notice issued in accordance with the provisions of this Chapter may result in revocation or suspension of the permit." I I I Ordinance Numberl'~ Section 11. Section 12-13 of the Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "Section 12-13. Massaqe Establishments: Notice of violations and Permit Suspension or Revocation. (a) After an investigation, and upon determining that grounds for revocation or suspension exist, as set forth in Sections 12-7 and/or 12.17 the Chief of Police shall furnish written notice of the proposed revocation or suspension to the permittee. 'Such notice shall summarize the reasons for the proposed revocation or suspension; shall state that the permittee may request a hearing within ten (10) days of the date on the notice; and shall be delivered both by posting the notice at the location of the massage establishment and by sending the notice by certified mail and regular mail, postage prepaid, addressed to the permittee as that name and address appear on the permit. within ten (10) days after the mailing or posting of the notice, the permittee may file a written request for hearing with the Chief of Police. If no request for a hearing is received by the Chief of Police in that time period, no hearing shall be required to be held. (b) After notice to the permittee and a hearing, if requested, any permit issued for a massage technician may be revoked or suspended for a defined period of time by the Chief of Police where any of the following is found: (1) The permittee has violated any provision of this Chapter on two (2) or more occasions within any twelve (12) calendar month period, and the permittee has been given prior notice of the first such violation; or, (2) The permittee has engaged in any conduct described in Section 12-7(a) (5); or, (3) The permittee has engaged in fraud, misrepresentation, or false statement in operating the massage establishment; or, (4) The permittee has continued to operate the massage establishment after the permit has been suspended. (c) The hearing required by this Section shall be conducted by the Chief of Police. The permittee shall be permitted to present evidence, both written and oral, examine witnesses, if any, and present such argument to the Chief of Police as the permittee deems necessary. The permittee may be represented by counsel at the permittee's expense at such a hearing. The hearing shall be informal in procedure, and the rules of evidence shall not apply, except that hearsay evidence shall not be tpe sole basis for any decision to suspend or revoke the permit. (d) The decision and action of the Chief of Police shall be communicated in writing to the permittee within seven (7) calendar days of the date of the hearing, and shall be appealable to the City Manager in accordance with section 12-21 of this Chapter. (e) Whenever a permit has been revoked under the terms of this Chapter, neither the former permittee nor any affiliated person or entity, whether an individual, partnerShip, corporation, shall be granted a new permit for a period of at least one (1) year from the date of the revocation." Ordinance Number /~~ Section 12. Section 12-16(a) of Chapter 12 of the Code of the City of Seal Beach is hereby amended to read as follows: "(a) Each applicant for a massage technician permit shall complete an application as provided herein under penalty of perjury to the Chief of Police or his or her authorized representative. Prior to submitting such application, the prospective applicant shall pay to the City Finance Officer a non-refundable application fee, in an amount established by Resolution of the city Council, to defray, in part, the costs of the I investigation and report required by this Chapter. The applicant shall include a copy of the receipt for this fee with the application." Section 13. Section 12-16(d) (2) of Chapter 12 of the Code of the city of Seal Beach is hereby amended in its entirety to read as follows: "(2) A diploma or certificate of graduation from a Recognized School of Massage. In the event that the applicant has completed at least three (3) years of work experience as a massage technician, such applicant shall be required to have completed a resident'course of study consisting of not less than three hundred (300) hours of instruction, notwithstanding the provisions of section 12-1(f) of this Chapter. In the event that the applicant has completed at least fifteen (15) years of work experience as a massage technician, such applicant shall be required to have completed a resident course of study consisting of not less than two hundred (200) hours of instruction, notwithstanding the provisions of Section 12-1(f) of this Chapter." I Section 14. section 12-17(b) (3) of Chapter 12 of the Code pf the city of Seal Beach is hereby amended in its entirety to read as follows: "(3) The applicant has furnished a diploma or certificate of graduation that complies with the requirements of this Chapter from a Recognized School of Massage. In the event that the applicant has completed at least three (3) years of work experience as a massage technician, such applicant shall be required to have completed a resident course of study consisting of not less than three hundred (300) hours of instruction, notwithstanding the provisions of Section 12-1(f) of this Chapter. In t~e event that the applicant has completed at least fifteen (15) years of work experience as a massage technician, such applicant shall be required to have completed a resident course of study consisting of not less than two hundred (200) hours of instruction, notwithstanding the provisions of section 12-1(f) of this Chapter." Section 15. section 12-17(b) (6) of the Code of the city of Seal Beach is hereby amended in its entirety to' read as follows: I "(6) The applicant has not: (i) Within five (5) years immediately preceding the date of filing of the application in question, been convicted in a court of competent jurisdiction of, or entered a plea of guilty or nolo contendere to: I I I Ordinance Number ~~ aa. Any misdemeanor or felony offense which relates directly to the operation of a massage establishment, whether as a massage establishment owner or operator, or as a massage technician; or, bb. Any felony the commission of which occurred on the premises of a massage establishment; or, (ii) within five (5) years immediately preceding the date of the filing of the application in question, had any massage establishment, operator, technician, practitioner, or trainee license or permit issued by the state of California, or any county or city revoked; or, (iii) within five (5) years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of, or entered a plea of guilty or nolo contendere to: aa. Any violation of California Penal Code sections 266(h), 266(1), 314, 315, 316, 318, or Section 647(a), (b) or (h), or any lesser included offense thereof or any other state law involving a crime of moral turpitude; or, bb. Conspiracy or attempt to commit any such offense; or, cc. Any offense in a jurisdiction outside the state of California which is the equivalent of any of the aforesaid offenses; or, dd. Any felony offense inVOlving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; or, ee. Been convicted of or pleaded guilty or nolo contendere to any lesser-included offense of the above; or, (iv) Been required to register under the provisions of California Penal Code Section 290; or, (v) Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California. Section 16. Section 12-17(d) of the Code of the City of Seal Beach is hereby amended by replacing the words "City Council" therein with the words "city Manager." Section 17. Sec~ion 12-19 of the Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "Section 12-19. Massaqe Technician: Notice of violations and Permit Suspension or Revocation. (a) After an investigation, and upon determining that grounds for revocation or suspension exist, as set forth in Sections 12-7 and/or 12.17 the Chief of Police shall furnish written notice of the proposed revocation or suspension to the permittee. Such notice shall summarize the reasons for the proposed revocation or suspension; shall state that the permittee may request a hearing within ten (10) days of the date on the Ordinance Number /~~~ notice; and shall be delivered both by posting the notice at the location of the massage establishment and by sending the notice by certified mail and regular mail, postage prepaid, addressed to the permittee as that name and address appear on the permit. within ten (10) days after the mailing or posting of the notice, the permittee may file a written request for hearing with the Chief of Police. If no request for a hearing is received by the Chief of Police in that time period, no hearing shall be required to be held. (bl After notice to the permittee and a hearing, if requested, any permit issued for a massage technician may be revoked or suspended for a defined period of time by the Chief of Police where any of the following is found: (1) The permittee has violated any provision of this Chapter on two (2) or more occasions within any twelve (12) calendar month period, and the permittee has been given prior notice of the first such violation; or, (2) The permittee has engaged in any conduct described in Section 12-17(b) (6); or, (3) The permittee has engaged in fraud, misrepresentation, or false statement in operating the massage establishment; or, (4) The permittee has continued to act as a massage technician after the permit has been suspended. (c) The hearing required by this Section shall be conducted by the Chief of Police. The permittee shall be permitted to present evidence, both written and oral, examine witnesses, if any, and present such argument to the Chief of Police as the permittee deems necessary. The permittee may be represented by counsel at the permittee's expense at such a hearing. The hearing shall be informal in procedure, and the rules of evidence shall not apply, except that hearsay evidence shall not be the sole basis for any decision to suspend or revoke the permit. (d) The decision and action of the Chief of Police shall be communicated in writing to the permittee within seven (7) calendar days of the date of the hearing, and shall be appealable to the city Manager in accordance with Section 12-21 of this Chapter. (e) Whenever a permit has been revoked under the terms of this Chapter, the former permittee shall not be granted a new permit for a period of at least one (1) year from the date of the revocation." I I Section 18. Section 12-21 of Chapter 12 of the Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "Section 12-21. Request for Hearinq on Revocation or Suspension I of Massaqe Establishment Permit. Massaqe Technician Permit. (a) Whenever a permittee or an applicant for a permit under this Chapter is entitled to appeal an adverse determination of the Chief of Police to the City Manager, the appeal shall be filed in writing with the City Clerk not later than fifteen (15) calendar days following the date of the notice of the adverse determination. The appeal shall specify the basis for the appeal, the action requested, and the name and address of the permittee. I I I Ordinance Number /4e . (b) If a timely written appeal is filed, the City Manager shall set a hearing date and instruct the City Clerk to give such notice of the hearing as may be required by law. (c) If no such appeal is timely filed, the decision of the Chief of Police shall be final. (d) The City Manager shall act as the Hearing Officer or he or she may, in his or her discretion, appoint a Hearing Officer, who shall be a retired municipal or superior court judge, or person of similar experience and qualifications, to hear and decide upon the appeal." Section 19. Section 12-22 of Chapter 12 of the Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "section 12-22. Procedure for Hearinq on Appeal. (a) The Hearing Officer shall conduct the hearing, receive oral testimony and other evidence, and prepare findings of fact. The Hearing Officer shall commence the hearing within twenty five (25) days of the filing of such request by the Licensee. Notice of time and place of the hearing shall be given to the Licensee by personal service or via certified mail and regular mail, postage prepaid, at least fifteen (15) days in advance of the date set for the hearing. At the hearing, the permittee and the Chief of Police shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The Hearing Officer shall receive such evidence as would be relied upon by persons in the conduct of serious affairs. The Hearing Officer shall not be ~pun~/~y th7~statuto~~ rules of eviden~e in the conduct · o,tf1hea~rng,.except that hearsay eV1dence may not be 'rtMe~s~.~~b!~is.fPr'-a decision to revoke or suspend a ~:t,.iJ.~r ." l":-~ II' ..,". J '. . - perm~t.. ..''\} 'Y"-.(" . (0) Such appeal htarin~ shall be held de novo, and the burden~of proof shall be on the Chief of Police to shoW~by a preponderance of the evidence, that grounds fo;~~~vocatio~~QF\sUSpension under this Chapter exist. [&./. . .-?,) \ (c) WifM~ fgte~n \\l:-l,!~P days of the conclusion of the hearing~_the. Hearing Officer shall determine, based up~~~~q~.evfdenceJpresented in the recor~ of the hearil:ng}'.'lwhether}the grounds for revocat1on or susp)!n~&oR.~tid~rthis Chapter exist. The Hearing ff' "'oJ1JlId'" ,;i". , I h 11 b' , t . d h 11 o 1cer~s_ eC1S1on s a e 1n wr1 1ng an s a contain written findings of fact and his or her conclusions. The Hearing Officer's decision on the revocation or suspension of the permit shall be served upon the permittee by personal service or via certified mail and regular mail, postage prepaid, at the address of the permittee contained in the license. The Hearing Officer's decision shall be effective upon personal service or, if service is by mail, then two (2) business days following deposit with the U. S. Postal service. The decision shall be final and conclusive and shall not be appealable to the City Council." Section.20. section 12-23 of Chapter 12 of the Code of the city of Seal Beach is hereby amended in its entirety to read as follows: "Section 12-23. No Refund of Fee. No refund or rebate of any permit fee shall be allowed by the reason of the fact that the permittee discontinues an activity for which a permit is required pursuant to this Chapter, or that the permit is suspended or revoked." Ordinance Number /;/,;tfJ Section 21. Section 12-24 of Chapter 12 of th~ Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "Section 12-24. Return of Permit. In the event that a permit is canceled, suspended, revoked, or invalidated, the permittee shall forward it to the officer who issued it not later than the end of the third (3rd) business day after notification of the cancellation, suspension, revocation or invalidation." Section 22. section 12-1(f) of the Code of the City of Seal Beach is hereby amended by changing the words "five hundred (500) hours" in subparagraph (1) therein to read "six hundred (600) hours". I Section 23. The city Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 24. of this Ordinance required by law. The City Clerk shall certify to the adoption and shall cause the same to be posted as PASSED, APPROVED AND ADDOPTED by the Ci~~c~ncil 0 Beach at a meeting thereof held on the -day of 1998. I STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF SEAL BEACH I, Joanne M. Yeo, City Clerk of the City of Seal Beach California, do hereby certify tha~.~e,toregoing ordinance is the original copy of nance Number ~ on file in the offi~ of the City erk, introduced at' a meeting held on the /.2.- day of and passed, approved, and adopted by the of Seal Beach at a meeting thereof held on 1998 b the following vote: I AYES: NOES: ABSENT: ABSTAIN: Councilmember and do hereby certify that Ordinance Number ~~~ published pursuant to the Seal Beach City Charter and inber 2836. has been Resolution Ordinance Number I'~~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, CountY' of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States I and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am 'the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly,in the City of Seal Beach, County of Orange and which newspaper has Been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of I said newspaper and not in any supplement thereof on the follpwing dates, to-wit: \ /~~A9.. I all in the year 1998. Proof of Publication of ............................................... ............................................... I .." ",.~ .;. ..: . ~ ~~- ~ .., ",: SUMMARY ~.:" . ORDINANCE NUMBER 1428 ,"MASSAGE REGULATION , AMENDMENTS . O'dl~. Number 1428 of the CItv ,of Seal Beach amends the Code 01 the City of Seal Seach relating to , AOg\.lalkinsfcr_-- snit massage practroners W\thln the CIty the amendments relate pr~ Ioilolddiioiioi~~~ =tc:.usp.enslon or'revDcatl~ . heanngs arm BppealS. and addlttO operanng requirements Ordinance Numbe, '428 was Introduced and. adopted at the regular City Council meeting of January 12th: '998 and f.rst reading was approved by the IoIl000ng_' '. ' " AYES' Brown;,eampbell, Forsythe,. .Fullon. Hastings,' od 'NOES None,.' MotIOn carn . '.. OrdinanCe Nu"'mbBr 1428 Will rerodcs7:', S8sond reading and be cansde I.adoptlon at Ule January 26th, 1998, : City Council meetmg. cOP~~~..ol . Ordlnance Number 1428 are BYIIIII2LI e , from.the offl~e of the City Clerk, City I Hall" 211 _ 8th Street. Seal Beach; , leIephone (582) '.43'.2527. " ~ oATEDThIS14thdayofJanuary,1~ . Joanne M 'Yeo, City Clerk .'r "-' . I Cl\YofSealB:;'!Ch .- Pubhshed In the Seal Beach Sun 1122/98 ... .' r~ . .: .; ': . . . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this ,)..'l... day of r-' ,1998. I Signah,1I t:l .- PUBLICATION PROCESS THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (714) 759-7726 Ordinance Number /~t9 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has Been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 0- all in the year 1998. Proof of Publication of I ............................................... ............................................... , SUMMARY <. _ , I ORDINANCE'NUMBER'l~ , . MASSAGE REGULATION ' . AMENDMENTS,' ; Ordmance Number 1428 of the City Of Seal Beach amends the Code oflhe 9<yolSoal Beachnol_"'~' t for massage establiShments and massage ~ractloners Within the Clly" I'he amendments relale primarily to -addlhonal application crderla. reSident : , .coLl'S8of stUdy reQlIr8ments, VIOIabons. . - pennI,,-"''-'' heMngs , and appeals, and adddlonal operating raqul/'8menls, Ordinance Numfler 1428 . received second reading and was adopted at the regular City CounCIl : meeting of January 26th, 1998 by the . follOWing vote '. . AYES Blown. Campbell. Forsythe. . . - Fulton' .,.:,... . . NOES None . ABSENT Hastings Motion eamed Copies 0; Ordinance Number 1428 are avartable rrom the offlcfi of the Cdv .Clerk,CIty Hal, 211 E~hIhStreet, SlHiI Beach. telephone (562) 431-2527. , OATEOThls 27th day of January, 1~. Joanne M, Yeo CIty Clerk CdVofSeal~each, . '....... '; Published In the Seal Beach Sun. 02105198 ' I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this \ () day of \F~. ,1998., ~'JA"c.)~ LQ.o.c-a Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (714) 759-7726 I