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HomeMy WebLinkAbout97-39 - Amending Chapter 5.12 of the Newport Beach Municipal Code Pertaining to Vehicles for Hire and Adding Chapter 5.17 Pertaining to Taxicabs to the Newport Beach Municipal CodeORDINANCE NO. 97 -39 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.12 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO VEHICLES FOR HIRE AND ADDING CHAPTER 5.17 PERTAINING TO TAXICABS TO THE NEWPORT BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAINS AS FOLLOWS: SECTION 1. Chapter 5.12 of the Newport Beach Municipal Code entitled "TAXICABS AND VEHICLES FOR HIRE" is hereby amended follows: Chapter 5.12 • VEHICLES FOR HIRE' Sections: 5.12.00E 5.12.010 5.12.020 5.12.025 5.12.030 5.12.040 5.12.050 5.12.060 5.12.070 5.12.080 5.12.090 5.12.100 5.12.110 5.12.120 • 5.12.130 5.12.170 Editor's note to Chapter 5.12. Definitions. Certificate Required. Pedicab Permit - -Trial Period. Application for Certificate. Investigation. Issuance of Certificates. Grounds for Denial of Application. Liability Insurance. Grounds for Revocation. Changes of Operation. Rates or Charges. Annual Vehicle Fee. Refusal to Pay Fare. Cruising Prohibited. Registered Fare -- Request for Receipt. Ord 97 -39 5.12.180 • 5.12.190 5.12.200 5.12.210 5.12.220 5.12.230 5.12.240 Standing Taxicab on Public: Street. Right of Exclusive Taxicab Use by Passenger. Direct Route Requirement. Advance Taxicab License for Fee Payment Required. Solicitation of Taxicab Passengers. Driver's Permit. Permit and Certificate Nontransferable. 5.12.010 Definitions. For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions, unless it is apparent from the context that a different meaning is intended. Certificate. The term 'certificate" shall mean a certificate of public convenience and necessity issued pursuant to this chapter. Pedicab. The term "pedicab" shall mean a device upon which a person may ride, or propelled exclusively by human power through a belt, chain or gears, and having two or more wheels, designed to carry one or more passengers for a fare. • The term "pedicab" shall include a motor - driven cycle or motorized bicycle designed to carry one or more passengers for a fare. Public Transportation Vehicle. The term 'public transportation vehicle" shall mean a motor - propelled vehicle, not otherwise defined in this section, used in the business of transporting passengers over the streets of the City for hire, whether or not the operations extend beyond the boundaries of the City. Sight- Seeing Automobile. The term "sight- seeing automobile" shall mean a motor - propelled vehicle used for the purpose of transporting passengers over the streets for sight - seeing, showing points of interest -or exhibiting lands, houses, property for other things or objects when a fee is charged or compensation is obtained from passengers or elsewhere. 5.12.020 Certificate Required. No person shall solicit or pick up passengers in the City, or engage in the business of operating any of the vehicles defined in Section • 5.12.010 within the City, without having first obtained a separate certificate of public convenience and necessity for each such business, as required by this chapter; provided, however, that no such certificate issued by the City shall be required for any operations for which a • certificate of public convenience and necessity is needed and has been granted by the Public Utilities Commission of the State of California. 5.12.025 Pedicab Permit - -Trial Period. A. No person shall engage in the business of operating a pedicab as defined in Section 5.12.010 within the City without first having obtained a separate certificate of public convenience and necessity for each such business, as required by this chapter. B. The provisions of this chapter concerning the certificate of public convenience and necessity shall apply to the operation of a pedicab business within the City; provided, however, prior to the issuance of a certificate and upon application by a proposed pedicab operator the City Council may establish a trial period of operation during which a pedicab business may operate with a temporary permit to do so, issued after public hearing by the City Council. During said trial period of operation, the City Council may designate those streets, sidewalks and other rights -of -way which may be used for the operation of pedicabs and, likewise, designate certain streets, sidewalks, and other rights -of -way upon which pedicabs may not be operated, and further may set the • permitted hours of operation of said business within the City. The City Council further shall have the authority, upon the adoption of a resolution, to delegate, during said trial period of operation, to the City Manager or his designee the authority to determine which streets, sidewalks and rights -of -way are appropriate for use and prohibition of use during the trial period for operation of pedicabs. The determination of the City Manager or his designee regarding the use of or prohibition of use of streets, sidewalks or other rights -of -way may supersede a contrary determination of the City Council regarding the use of any such street, sidewalk or other rights -of -way. Said trial period shall be for a period not to exceed four months and, upon conclusion of said trial period of operation, the City Council may determine whether or not a certificate of public convenience and necessity will be issued pursuant to the terns of this chapter. C. As a condition of any certificate under this chapter for the operation of a pedicab business, the City Council may designate those streets, sidewalks and other rights -of -way where the operation of pedicabs can be permitted, as well as the permitted hours of operation. 3 Ord 97 -39 • 5.12.030 Application for Certificate. An application for a certificate shall be filed with the Director of Finance upon forms provided by the City. The application must be signed by the applicant and be accompanied by a fee as established by resolution of the City Council, and shall contain or be accompanied by the following information: A. The name and address of the applicant, and, if the same be a corporation, the names of its principal officers, or, if the same be• a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each. B. A complete schedule of the rates proposed to be charged for each type of vehicle. C. A description of every vehicle which the applicant proposes to use, including trade name, motor or serial number, State license number and body style. • D. The location of the business and the place where the applicant proposes to keep such vehicles described in this Chapter while not actually engaged. • E. The distinct color scheme, name, monogram and insignia which shall be used on each vehicle. F. The name of the legal and registered owner of each such vehicle. G. The experience of the applicant in the business or businesses for which he is seeking a certificate or certificates. H. Any facts which the applicant: believes would tend to prove the public convenience and necessity requiring the granting of a certificate. I. Such further information as the Director of Finance may require. (Amended during 6 -96 supplement. 4 Ord 97 -39 Ord 97 -39 • 5.12.040 Investigation. Upon receipt of a completed application for a certificate, the City Manager shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall inspect the vehicles and equipment and may require the applicant or any person named in the application to be photographed and fingerprinted. The Chief of Police shall complete his investigation within thirty (30) days, unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings 'to the City Manager regarding the qualifications of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect to cleanliness, equipment, safety devices, brakes and light. 5.12.050 Issuance of Certificates. The City Manager may examine the application and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, and if it is found by the City • Manager that the public interest, convenience and necessity require the issuance of the certificate applied for, the City Manager may issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in Section 5.12.070, and subject to such conditions as may be imposed by the City Manager, including the minimum and maximum number of vehicles that may be used. 5.12.060 Grounds for Denial of Application. If the City Manager finds any of the following conditions to exist he or she shall deny the application: A. That the application is not in the form and does not contain the information required to be contained therein by this chapter. B. That the equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used. C. That the color scheme, name, monogram or insignia to be • used upon such vehicles or in the business resembles the color scheme, name, monogram or insignia used by another person, firm or corporation 6i in the same business in the City and therefore may tend to deceive or • defraud the public. D. That the applicant has within the past two years had an application for such a certificate denied for cause. E. That there is a sufficient number of vehicles of the type described in the application operating in the City to fully serve the public, that the granting of more certificates would unduly congest the traffic and interfere with the free use of public rights -of way by the public, or that the best interests of the public do not demand and necessity does not require the issuance of such permit. 5.12.070 Liability Insurance. Subject to all other applicable regulations and conditions under which it is issued, the certificate shall authorize the conduct of the business only during the time the certificate holder has on file with the City Clerk a document issued by an insurance company evidencing that the certificate holder is insured under a liability insurance policy providing minimum coverage in the following amounts: one million dollars ($1,000.000) death or injury of one or more persons, one hundred • thousand dollars ($100,000.00); Such document evidencing insurance shall provide that the City shall be named as additional insured and shall be given thirty (30) days' prior written notice of any cancellation, termination or change in the amount of such insurance coverage. L J 5.12.080 Grounds for Revocation. Any certificate or permit granted under the provisions of this chapter may be revoked by the City Manager, either as a whole or as to any person or vehicle described therein or as to the right to use any distinctive color, monogram or insignia, for ;any of the following reasons: A. That the document required by Section 5.12.070 has not been filed or has been withdrawn or lapsed or is not in force for any reason. B. For the nonpayment of any City business license or other fees provided by this title. C. For the breach of any rules, regulations or conditions set out in this Code or the certificate. 6 Ord 97 -39 D. For the violation of any of the laws of the State of California • or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate. E. For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule or rates and fares set forth in the application. F. For any cause which the City Council finds makes it contrary to the public health, interest, convenience, necessity or general welfare for the certificate or permit to be continued. In any such case, the certificate or permit holder shall have the right to appeal to the City Council in a time and manner set forth in this section. When the City Manager concludes that the grounds for revocation of a certificate or permit exists, the City Manager shall serve the certificate or permit holder, either personally or by certified mail • addressed to the business address of the certificate or permit holder, with a notice of revocation of the certificate or permit. The notice shall state the reasons for the revocation, the effective date of revocation if no appeal is filed by the certificate or permit holder, and the right of the certificate or permit holder to appeal to the City Council and the decision to revoke the certificate or permit. • If an applicant is aggrieved by any action of the City Manager in revoking any certificate or permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City Manager. The City Clerk shall notify the applicant in writing of the time and place set forth the hearing on his or her appeal. The right to appeal to the City Council from the revocation of any certificate or permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Manager and of his or her right to appeal such action to the City Council. 7 Ord 97 -39 Ord 97 -39 The City Council of the City of Newport Beach may preside over • the revocation hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach. The City Council of the City of Newport Beach shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed within forty -five (45) days on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. 5.12.090 Changes of Operation. In the event any certificate holder desires to change the color scheme or any monogram or insignia used on a vehicle, or to substitute any vehicle for a vehicle described in the application, or to increase or decrease the number of vehicles used, application to the City Manager shall be made for permission to do so, and the City Manager shall grant such permission if the City Manager deems the public interest, convenience and necessity will be served by the change, and if the certificate holder has complied with all the provisions of this chapter. • If application is made to increase the number of vehicles, payment of the annual vehicle fee for each additional vehicle requested shall be made at the time of application. Fees tendered for additional vehicles which the City Manager does not permit shall be refunded. No refund of the annual vehicle fees paid shall be made when the City Manager grants permission to reduce the number of vehicles. 5.12.100 Rates or Charges. Each person holding a certificate of public convenience and necessity for the operation of vehicles other than taxicabs shall file a proposed schedule of rates with the City Clerk. The schedule of rates shall be submitted to the City Council for approval and no change shall be made in any rates approved by the City Council without prior approval by the City Council. No person shall charge rates other than those so approved. No hearing is necessary for the approval of these rates or changes therein. 5.12.110 Annual Vehicle Fee. Each holder of a certificate issued hereunder shall pay, for each • vehicle operated, an annual fee as established by resolution of the City Council. 9 • Ord 97 -39 5.12.120 Refusal to Pay Fare. No person shall refuse to pay the legal fare for the hire of any vehicle described in this Chapter, after having hired the same. No person shall hire any vehicle described in this chapter with the intent to defraud the person from whom it is hired of the charges or fare. 5.12.130 Cruising Prohibited. No driver of a vehicle defined in Section 5.12.010, shall cruise' in search of passengers. 5.12.170 Registered Fare -- Request for Receipt. No driver shall charge any fare or fee other than approved or fail or refuse to give a receipt for the amount charged upon the request of the person paying the fare. 5.12.180 Standing Vehicle on Public Rights -of -way. • No person shall cause or permit a vehicle described in this Chapter to remain standing upon any portion of any public right -of -way within the City, except for loading and unloading passengers, and then not for a period of more than five minutes, excepting at such stands as may be designated by the City Council. This subsection shall not apply to any vehicle described in this Chapter while the same is engaged by and being paid for by a passenger. 5.12.190 Right of Exclusive Vehicle Use by Passenger. No operator or owner of any vehicle described in this Chapter shall solicit or carry any additional passenger after such vehicle has been engaged, or while in use by a passenger, without the consent of the passenger first engaging the same having first been obtained. A passenger or passengers engaging such vehicle shall have the exclusive right to full and unimpaired use of the passenger compartment and the whole thereof, if he desires the same. 5.12.210 Advance Vehicle License for Fee Payment Required. • V Ord 97 -39 No person shall operate any vehicle described in this Chapter • without prepaying any license fee required) by the City for the transaction of any such business. 5.12.220 Solicitation of Passengers. No driver of a vehicle described in this Chapter shall leave the side of his vehicle to solicit passengers or solicit passengers in a louder tone of voice than that used in ordinary conversation. 5.12.230 Driver's Permit. A. Application. No person shall drive or operate any vehicle described in this chapter in the city without first obtaining a permit in writing so to do from the Chief of Police. Any person desiring to obtain such driver's permit shall make a written application therefor to the Chief of Police accompanied by a fee as established by the City Council. No permit shall be issued to any person under the age of eighteen (18) years, who does not have a validly issued, active license to drive from the California Department of Motor Vehicles. No permit shall be issued to any person who has been convicted of a felony, or within two years • immediately preceding such application has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or who has been convicted of violating any provisions of the Alcoholic Beverage Control Act of the State of California, unless such person shows to the satisfaction of the Chief of Police that issuing a driver's permit to him would not in any way be contrary to the public interest, welfare or safety. Persons operating , emergency or public safety vehicles must be able to speak the English language. Any falsification on the application for said permit will be grounds for refusal of the permit. B. Personal Appearance. Before a permit is granted to any applicant, the applicant shall be photographed or furnish an acceptable photograph, and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the Police Department. C. Temporary Permit. Pending the completion of the investigation of an applicant, the Chief of Police may grant a temporary permit to a person who has made application for a driver's permit and appears to be qualified for such permit. • The temporary permit shall automatically expire sixty (60) days from the date it was issued or upon issuance of a regular driver's permit. 10 Ord 97 -39 The Chief of Police shall summarily revoke any temporary permit when he determines not to issue a driver's permit to the applicant. D. Identification Card. Upon obtaining the regular permit, the driver or operator shall at all times keep posted in full view in the vehicle operated by him an identification card furnished by the Chief of Police, which shall have plainly printed thereon the name of the driver or operator, his business address and telephone number, his permit number and his photograph. E. Term -- Renewal. All driver's permit shall expire on the last day of the twelfth month following its issuance. Applications for renewal shall be made with the License Supervisor on or before the first day of the month in which the permit expires. The fee for renewal made within the prescribed period shall be as established by resolution of the City Council. F. Revocation. The Chief of Police may revoke or suspend any such driver's permits so issued for any violation of the provisions of this chapter by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time application was • made for such permit or came into existence thereafter. G. Appeal. In the event of a refusal, revocation or suspension of any driver's permit by the Chief of Police, the applicant or permittee may appeal from the decision to the City Council, which may in its discretion affirm, reverse or modify the decision made by the Chief of Police. 5.12.240 Permit and Certificate Nontransferable. No certificate or permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the City Council having been first obtained. SECTION 2. Chapter 5.17 of the Newport Beach Municipal Code entitled "Taxicabs" is hereby added as follows: CHAPTER 5.17 • TAXICABS 5.17.010 Purpose and intent 11 5.17.020 • 5.17.030 5.17.040 5.17.050 5.17.060 5.17.070 5.17.080 5.17.090 5.17.100 5.17.110 5.17.120 5.17.130 5.17.140 5.17.150 5.17.160 5.17.010 Definitions. City authorization required. Drivers permit required. Taxicab vehicle permit required. Taxicab business permit required. Application for permits. Testing for controlled substances and alcohol Insurance required. Nontransferability. Equipment. Mechanical condition. Operational requirements. Rates and charges. Separate from business licensing. Penalty. Purpose and intent. Ord 97 -39 To provide a uniform and comprehensive process for approval of taxicab operations. • 5.17.020 Definitions. For the purposes of this Chapter, the words and phrases herein defined shall be construed in accordance with the following definitions: "City" means the City of Newport Beach "City authorization" means City authorization to operate a taxicab business in the City. "Driver" means a person who drives or controls the movements of a taxicab. "Driver's Permit" means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab. " OCTAP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. "Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the City. 12 Ord 97 -39 "Owner" means the registered owner or lessor of a taxicab. • "Person" includes natural person, firm, association, organization, partnership, business, trust, corporation or public entity. "Taxicab" means a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any state agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. "Taxicab Business Permit" means a valid permit issued by OCTAP authorizing a person to operate a taxicab business. "Taxicab Vehicle Permit" means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab. 5.17.030 City Authorization Required. No person shall operate a taxicab or taxicab business in the City • without compliance with this Chapter. 5.17.040 Driver's Permit Required. No person shall operate a taxicab in the City unless that person possesses a Driver's Permit. Owner's shall only allow driver's with Driver's Permits to operate a taxicab owned) by the owner. 5.17.050 Taxicab Vehicle Permit Required. No person shall operate a taxicab in the City unless the vehicle has a Taxicab Vehicle Permit. No owner shall allow a taxicab owned by the owner to be operated in the City without a Taxicab Vehicle Permit. 5.17.060 Taxicab Business Permit Required. No person shall operate a taxicab business in the City unless the person possesses a Taxicab Business Permit. 5.17.070 Application for Permits. • Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit shall be made to OCTAP, upon a form provided by 13 �IYASZ OCTAP, and shall be accompanied by an application fee sufficient to • cover the administrative costs of processing said application as established by the Orange County Transportation Authority. 5.17.080 Testing for Controlled Substances and Alcohol. A driver shall test negative for controlled substances and alcohol as required by applicable state statutes. 5.17.090 Insurance Required. A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP . and adopted by separate resolution of the City Council. Proof of insurance must clearly identify the vehicle covered. 5.17.100 Nontransferability. No permit issued under this ordinance shall be assigned to, or • used by, any person or vehicle other than the person or vehicle named in such permit. 5.17.110 Equipment. A taxicab operated under the authority of this Chapter shall be equipped according to the standards established by OCTAP and adopted by resolution of the City Council. 5.17.120 Mechanical Condition. A taxicab operated under the authority of this Chapter shall be maintained according to the standards established by OCTAP and adopted by resolution of the City Council. 5.17.130 Operational Requirements. A. A driver shall only carry a passenger to his/her destination by the most direct and accessible route. • B. A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by resolution of the City Council. 14 Ord 97 -39 • C. A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by separate resolution of the City Council: 1. A schedule of rates and charges for the hire of said taxicab; 2. The driver's name and address; 3. The owner's name, address, and telephone number; 4. The taxicab identification number; 5. The Driver's Permit issued pursuant to this Chapter; 6. The Taxicab Vehicle Permit issued pursuant to this Chapter; and 7. Any other information required by the City. • D. A driver shall give a receipt for the amount charged upon the request of the person paying the fare. E. . A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. F. A driver shall not leave his taxicab to solicit passengers. G. The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by resolution of the City Council. 5.17.140 Rates and Charges. No driver shall charge rates and charges other than those established by OCTAP and adopted by resolution of the City Council. 3.44.150 Separate from Business Licensing. The requirements of this Chapter are separate and independent • from the business licensing and any other provisions under this Code. 15 Ord 97 -39 • Compliance with the provisions of this ordinance may be secured under the provisions of Chapter 1.04 of this Code.. Each day a violation exists constitutes a separate offense. SECTION 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one to more sections, subsections, sentences, clauses and phrases be declared unconstitutional SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day Of November 1997, and adopted on the 8th day of • December 1997, by the following vote, to-wit: AYES, COUNCILMEMBERS THOMSON, DEBAY, O'NEIL, HEDGES, GLOVER, NOYES, MAYOR EDWARDS NOES, COUNCILMEMBERS NONE ABSENT, COUNCILMEMBERS NONE MAYOR O ATTEST: dU � CITY CLERK • F:1 catldalOrdinancelTaxicab1120197 .doc i61 • 0 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 97 -39 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of December, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, and Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of December, 1997. (Seal) oiR 4aa, -,. /7 , 4X.4-7 City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA I COUNTY OF ORANGE 1 ss. CITY OF NEWPORT BEACH I I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -39 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: December 13, 1997. In witness whereof, I have hereunto subscribed my name this fy'6t day of / 199_ 7 City Clerk of the City of Newport Beach, California