HomeMy WebLinkAboutOrd. No. 2011-1296ORDINANCE NO. 2011-1296
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING AND RESTATING CHAPTER 14.08 OF
THE LAKE ELSINORE MUNICIPAL CODE
REGARDING STORMWATER/URBAN RUNOFF
MANAGEMENT AND DISCHARGE CONTROLS
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1. That Chapter 14.08 of the Lake Elsinore Municipal Code is hereby
amended and restated in its entirety as follows:
Chapter 14.08 Stormwater/Urban Runoff Management and Discharge
Controls
Sections:
14.08.010
Title.
14.08.020
Purpose and intent.
14.08.030
Definitions.
14.08.035
Applicability
14.08.040
Responsibility for administration.
14.08.050
Regulatory consistency.
14.08.055
Ultimate responsibility of discharger.
14.08.060
Severability.
14.08.070
Reduction of pollutants in stormwater.
14.08.080
Illegal connections/discharges.
14.08.090
Non-stormwater discharges.
14.08.100
Discharges in violation of permit.
14.08.110
Requirement to remediate.
14.08.120
Requirement to monitor and analyze.
14.08.130
Notification of spills.
14.08.140
Right to Inspect.
14.08.150
Authority to sample, establish sampling devices and test.
.14.08.160
Enforcement of chapter.
14.08.170
Notice of Violation.
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14.08.180
Appeal
14.08.190
Abatement by City.
14.08.200
Charging Cost of Abatement/Liens.
14.08.210
Urgency Abatement.
14.08.220
Violations.
14.08.230
Compensatory Action.
14.08.240 Violations Deemed a Public Nuisance
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14.08.250 Acts Potentially Resulting in a Violation of the Federal Clean
Water Act and/or California Porter-Cologne Act.
14.08.010 Title.
This chapter shall be known as the "City of Lake Elsinore Stormwater/Urban
Runoff Management and Discharge Controls Ordinance" and may be so cited.
14.08.020 Purpose and intent.
The intent of this chapter is to protect and enhance the water quality of City
watercourses, water bodies, groundwater, and wetlands in a manner pursuant to
and consistent with the California Water code 13000 et seq. (Porter-Cologne
Water Quality Control Act), Title 33 U.S.C. §§1251 et seq. (Federal Clean Water.
The purpose of this chapter is to ensure the future health, safety, and general
welfare of City citizens by:
A. Reducing pollutants in stormwater discharges to the maximum extent
practicable;
B. Regulating illegal connections and discharges to the storm drain system;
and
C. Regulating non-stormwater discharges to the storm drain system.
14.08.030 Definitions.
The terms as used in this chapter shall have the following meanings:
"Best management practices (BMPs)" means any activities, prohibitions,
practices, procedures, programs, or other measures designed to prevent or
reduce the discharge of pollutants directly or indirectly into waters of the United
States. BMPs shall include, but are not limited to, those measures specified in
the California Stormwater Best Management Practice Handbooks for Municipal,
Industrial/Commercial and Construction Activity and those measures identified by
the Director of Public Works.
"City" means the City of Lake Elsinore.
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"Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C<§
1251 et seq.), and any subsequent amendments thereto.
"Commercial and Industrial Facilities" shall mean and refer to a facility or
facilities that consist of any of the following:
1. Auto-Related. Mechanical repair, maintenance, fueling or cleaning of
automobiles, airplanes, boats and equipment, body repair or painting of
automobiles and other vehicles, retail or wholesale fueling, automobile
parking lots and storage facilities.
2. Mobile-Related activities. Mobile automobile or other motor vehicle
washing; pest control services; mobile carpet, drape or furniture
cleaning; concrete mixing or cutting; masonry; painting and coating;
landscaping; pool and fountain cleaning; and portable toilet servicing.
3. Industrial. Industrial facilities as defined within the Federal Clean Water
Act, operating and closed municipal landfills, facilities subject to SARA
Title III, hazardous waste treatment, disposal, storage and recovery
facilities.
4. Others. Cemeteries, nurseries, greenhouses, golf courses, parks, other
recreational areas/facilities, eating and drinking establishments.
"Construction activity" means activities subject to NPDES Construction Permits.
These include construction projects resulting in land disturbance of 1 acre or
more or disturbances of land that is part of a larger common plan of
development. Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
"Director of Public Works" means the Director of the City of Lake Elsinore's
Public Works Department or his/her designee.
"Hazardous materials" refers to any material, including any substance, waste,
or combination thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed (California Health and Safety Code §25117).
"Illegal connection" means any physical connection to a storm drain system
which has not been permitted by the City of Lake Elsinore, the Riverside County
Flood Control and Water Conservation District, or other appropriate public
agency.
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"Illegal discharge" means any discharge to the storm drain system that is not
composed entirely of stormwater runoff except discharges made pursuant to a
National Pollutant Discharge Elimination System (NPDES) permit or as otherwise
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authorized by the Santa Ana, San Diego, or Colorado River Basin Regional
Water Quality Control Board.
"Industrial activity" refers to activities subject to NPDES Industrial Permits as
defined in 40 CFR, Section 122.26(b)(14).
"Municipal NPDES permit" means an area wide NPDES permit issued to a
government agency or agencies for the discharge of stormwater from a
stormwater system.
"National Pollutant Discharge Elimination System (NPDES) permit" means a
stormwater discharge permit issued by the Santa Ana, San Diego, or Colorado
River Basin Regional Water Quality Control Board or the State Water Resources
Control Board in compliance with the Clean Water Act.
"Non-stormwater discharge" means any discharge to the storm drain system
that is not entirely composed of stormwater.
"Person" means any natural person, firm, association, club, organization,
corporation, partnership, business trust, company or other entity which is
recognized by law as the subject of rights or duties.
"Pollutant" means anything which causes the deterioration of water quality
such that it impairs subsequent and/or competing uses of the water. Pollutants
may include but are not limited to paints, oil and other automotive fluids, soil,
rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus,
enterococcus, heavy metals, hazardous waste, chemicals, fresh concrete, yard
waste from commercial landscaping operations, animal waste, materials that
result from the process of constructing a building or structure, nauseous or
offensive matter of any kind.
"Pollution" means the human-made or human-induced alteration of the quality
of waters by waste to a degree which unreasonably affects, or has the potential
to unreasonably affect, either the waters for beneficial uses or the facilities which
serve these beneficial uses (California Water Code § 13050).
"Porter-Cologne Act" refers to the Porter-Cologne Water Quality Control Act
and as amended (California Water Code § 13000 et seq.).
"Premises" means any building, lot, parcel of land, land or portion of land
whether improved or unimproved.
"Storm drain system" means any facility within the incorporated areas of the
City by which stormwater may be conveyed to waters of the United States. Storm
drain system includes but is not limited to any roads with drainage systems,
streets, curbs, gutters, catch basins, natural and artificial channels, ditches,
aqueducts, storm drains, inlets, conduit or other drainage structure.
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"Stormwater runoff' means surface runoff and drainage associated with rain
storm events and snow melt.
"Suspended Solids" shall mean solid materials or particles that either float on
the surface of, or are in suspension in, stormwater, wastewater or other liquid.
14.08.035 Applicability
This chapter shall apply to all water entering the storm drain system generated
on any developed and undeveloped lands lying within the City of Lake Elsinore
including any amendments or revisions thereto.
14.08.040 Responsibility for administration.
This chapter shall be administered for the City by the Director of Public Works.
14.08.050 Regulatory consistency.
This chapter shall be construed to assure consistency with the requirements of
the Clean Water Act and acts amendatory thereof or supplementary thereto,
applicable implementing regulations, and any existing or future municipal NPDES
permits and any amendments or revisions thereto or reissuance thereof.
14.08.055 Ultimate responsibility of discharger.
The standards set forth herein and promulgated pursuant to this Chapter are
minimum standards; therefore this chapter does not intend nor imply that
compliance by any person will ensure that there will be no contamination,
pollution, nor unauthorized discharge of pollutants into waters of the United
States caused by such person. This chapter shall not create liability on the part
of the City of Lake Elsinore, or any agent or employee thereof for any damages
that result from any dischargers' reliance on this chapter or any administrative
action lawfully made thereunder.
14.08.060 Severability.
If any provision, clause, sentence, or paragraph of this chapter or the
application thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or application of this
chapter which can be given effect without the invalid provision or application and,
to this end, the provisions of this chapter are hereby declared to be severable.
14.08.070 Reduction of pollutants in stormwater.
A. General. It; is a violation of this chapter to throw, deposit, leave, maintain,
keep, or permit to be thrown, deposited, placed, left or maintained, any pollutant
in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or
other drainage structures, business place, or upon any public or private plot of
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land in the City. The only exception being where such pollutant is temporar+ly
placed in an appropriate container with a spill containment system for later
collection and removal. It is a violation of this chapter to cause or permit any
dumpster, solid waste bin, or similar container to leak such that any pollutant is
discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit
or other drainage structures, business place, or upon any public or private plot of
land in the City. It is a violation of this chapter to discharge urban runoff
containing pollutants, including trash and debris, into the City's municipal
separate storm sewer system (MS4) or other facility that drains into receiving
water.
B. Construction Sites. Any person performing construction work in the City
shall comply with the provisions of this chapter, and Chapters 15.72 and 16.60..
C. New Development and Redevelopment. New development or
redevelopment projects shall control the volume, rate, and potential pollutant load
of stormwater runoff so as to minimize the generation, transport and discharge of
pollutants to prevent any deterioration of water quality that would impair
subsequent or competing uses of the water. The Director of Public Works shall
incorporate such BMP requirements in any land use entitlement and construction
or building-related permit to be issued relative to such development or
redevelopment. The owner and developer shall comply with the terms,
provisions, and conditions of such land use entitlements and building permits as
required in this chapter. The BMPs may, among other things, require new
developments or redevelopments to do any of the following:
1. Increase permeable areas, by leaving highly porous soil and low lying
areas undisturbed; by incorporating landscaping and open space into the project
design; by using porous materials for or near driveways and walkways; and by
incorporating detention ponds and infiltration pits into the project design.
2. Direct runoff to permeable areas, by orienting it away from
impermeable areas to swales, berms, green strip filters, gravel beds, and french
drains; by installing rain gutters oriented towards permeable areas; by modifying
the grade of the property to divert flow to permeable areas and minimize the
amount of stormwater runoff leaving the property; and by designing curbs, berms
or other structures such that they do not isolate permeable or landscaped areas.
3. Maximize stormwater storage for reuse, by using retention structures,
subsurface areas, cisterns, or other structures to store stormwater runoff for
reuse or slow release.
D. Existing Development. Existing development shall control stormwater runoff
so as to prevent any deterioration of water quality that would impair subsequent
or competing uses of the water. The Director of Public Works shall identify the
BMPs that may be implemented to prevent such deterioration and shall identify
the manner of implementation.
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E. Commercial and Industrial Facilities. Any person or entity that owns or
operates a commercial and/or industrial facility(s) shall comply with the
provisions of this chapter. All such facilities shall be subject to a regular program
of inspection as required by this chapter, California Water Code 13000 et seq.
(Porter-Cologne Water Quality Control Act), Title 33 U.S.C. §§1251 et seq.
(Clean Water Act), any applicable state or federal regulations promulgated
thereto, and any related administrative orders or permits issued in connection
therewith.
F. Responsibility to implement Best Management Practices (BMP's).
Notwithstanding the presence or absence of requirements promulgated pursuant
to subsections (a), (b), (c), (d), or (e), any person engaged in activities or
operations, or owning facilities or property which will or may result in pollutants
entering stormwater, the storm drain system, or waters of the United States shall
implement BMP's to the extent they are technologically achievable to prevent
and reduce such pollutants. The owner or operator of a commercial or industrial
establishment shall provide reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal storm drain system or
watercourses. Facilities to prevent accidental discharge of prohibited materials
or other wastes shall be provided and maintained at the owner or operator's
expense.
14.08.080 Illegal connections/discharges.
It is a violation of this chapter to establish, use, maintain, or continue illegal
connections to the storm drain system, or to commence or continue any illegal
discharges to the storm drain system. This prohibition against illegal connections
and discharges is expressly retroactive and applies to connections and
discharges made in the past, regardless of whether permissible under the law or
practices applicable or prevailing at the time of the connection or discharge.
The Director of Public Works may require by verbal or written notice that a
person responsible for an illegal discharge immediately, or by a specified date,
discontinue the discharge and, if necessary, take measures to eliminate the
source of the discharge to prevent the occurrence of future illegal discharges.
The Director of Public Works may require by verbal or written notice that a
person responsible for an illicit connection to the storm drain system comply with
the requirements of this chapter to eliminate or secure approval for the
connections by as specified date, regardless or whether or not the connection or
discharges to it had been established or approved prior to the effective date of
this chapter.
If, subsequent to eliminating a connection found to be in violation of this
chapter, the responsible person can demonstrate that an illegal discharge will no
longer occur, such person may request City approval to reconnect. The
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reconnections or reinstallation of the connection shall be at the responsible
person's expense.
14.08.090 Non-stormwater discharges.
The discharge of non-stormwater into the storm drain system is a violation of
this chapter except as specified below.
A. The discharge prohibition shall not apply to any discharge regulated under a
NPDES permit or waiver issued to the discharger and administered by the State
of California under the authority of the Environmental Protection Agency;
provided, that the discharger is in full compliance with all requirements of the
permit or waiver and other applicable laws or regulations.
B. Discharges from the following activities shall not be considered a violation of
this chapter when properly managed to ensure that no potential pollutants are
present, and therefore they shall not be considered illegal discharges unless
determined to cause a violation of the provisions of the Porter-Cologne Act,
Clean Water Act, or this chapter: irrigation from agricultural sources,
uncontaminated water from foundation drains, footing drains, pumped from crawl
spaces, line flushing and other discharges from potable water sources,
landscape, garden and lawn irrigation, diverted stream flows, rising groundwater
and natural springs, infiltration to separate storm drains, uncontaminated pumped
groundwater, air conditioning condensation, individual residential car washing
and non-profit car washing fundraisers, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, street wash waters, and flows from fire
fighting.
14.08.100 Discharges in violation of permit.
A. Municipal NPDES Permit. Any discharge that would result in or contribute to
a violation of an existing or future municipal NPDES permit(s) or any amendment
or revision thereto or reissuance thereof, either separately considered or when
combined with other discharges, is a violation of this chapter and is prohibited.
Liability for any such discharge shall be the responsibility of the person(s)
causing or responsible for the discharge, and such persons shall defend,
indemnify and hold harmless the City in any administrative or judicial
enforcement action relating to such discharge.
B. NPDES Permit for Industrial/Commercial and Construction Activity. Any
industrial discharger, discharger associated with construction activity, or other
discharger subject to any NPDES permit shall comply with all requirements of
such permit. Such dischargers shall specifically comply with the following
permits: the industrial stormwater general permit, the construction activity
stormwater general permit, and the dewatering general permit. Proof of
compliance with such NPDES permits may be required in a form acceptable to
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the Director of Public Works prior to issuance of any City grading, building, or
occupancy permits.
14.08.110 Requirement to remediate.
Whenever the Director of Public Works finds that a discharge of pollutants is
taking place or has occurred which will result in or has resulted in pollution of
storm water, the storm drain system, or water of the United States, he/she may
require by verbal or written notice to the owner of the property and/or the
responsible person that the pollution be remediated and the affected property
restored within a specified time.
14.08.120 Requirement to monitor and analyze.
The Director of Public Works may require by verbal or written notice of
requirement that any person engaged in any activity and/or owning or operating
any facility which may cause or contribute to stormwater pollution, illegal
discharges, and/or non-stormwater discharges to the storm drain system or
waters of the United States, to undertake at such person's expense such
monitoring and analyses and furnish such reports to the City of Lake Elsinore as
deemed necessary to determine compliance with this chapter.
14.08.130 Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into
stormwater, the storm drain system, or water of the United States from such
facility, such person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such release of a
hazardous material such person shall immediately notify emergency response
officials of the occurrence via emergency dispatch services (911). In the event of
a release of non-hazardous materials, such person shall notify the City's Director
of Public Works in person or by phone or facsimile no later than 5:00 p.m. of the
next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the City's Director of Public Works within
three business days of the phone notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner or operator
of such establishment shall also retain an on-site written record of the discharge
and the actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
14.08.140 Right to Inspect.
To the extent allowed by Law, the Director of Public Works may enter a
commercial and industrial facility free of charge at any time, any premises,
grounds, facilities or structures for which compliance with this chapter
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14.08.150 Authority to sample, establish sampling devices and test. t
During any inspection as provided herein, the Director of Public Works may
take any samples and perform any testing deemed necessary to aid in the
pursuit of the inquiry or to record site activities.
14.08.160 Enforcement of chapter.
Any person in violation of any provision of this chapter, or any provision of any
requirement issued pursuant to this chapter, shall be subject to the procedures
and penalties set forth in this chapter in addition to Chapter 1.16. To the extent
that the City makes any provision of this chapter or identified BMP a condition of
approval to the issuance of a permit, any person in violation of such condition is
subject to the permit revocation procedures set forth in the chapter governing
permit issuance.
14.08.170 Notice of Violation.
Whenever the Director of Public Works finds that a person has violated a
prohibition or failed to meet a requirement of this chapter, the Director of Public
Works may order compliance by verbal or written notice of violation to the
responsible person. Such notice may require without limitation:
a) The performance of monitoring, analyses, and reporting;
b) The elimination of illicit connections or discharges;
c) That violating discharges, practices, or operations shall cease and desist;
d) The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property; and
e) Payment of a fine to cover administrative and remediation costs; and
f) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Such notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by the
City or a contractor designated by the Director of Public Works and the expense
thereof shall be charged to the violator pursuant to Section 14.08.200 below.
14.08.180 Appeal
Notwithstanding the provisions of 14.08.210 below, any person receiving a
Notice of Violation under 14.08.170 above may appeal the determination. The
notice of appeal must be received by the City Clerk within five (5) days from the
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date of the Notice of Violation. Hearing on the appeal before a hearing officer
shall take place within fifteen (15) days from the date of the City's receipt of the
notice of appeal. The decision of the hearing officer shall be final.
14.08.190 Abatement by City.
If the violation has not been corrected pursuant to the requirements set forth in
the Notice of Violation or, in the event of an appeal under 14.08.180 above,
within ten (10) days of the decision of the hearing officer upholding the decision
of the Director of Public Works, the City shall to the extent allowed by law, enter
upon the subject private property and is authorized to take any and all measures
necessary to abate the violation and/or restore the property. It shall be unlawful
for any person, owner, agent or person in possession of any premises to refuse
to allow the City or designated contractor to enter upon the premises for the
purposes set forth above.
14.08.200 Charging Cost of Abatement/Liens.
Within thirty (30) days after abatement of the nuisance by City, the Director of
Public Works shall notify the owner of the property of the cost of abatement,
including administrative costs. The property owner may file a written protest
objecting to the amount of the assessment with the City Clerk within fifteen (15)
days. The City Clerk shall set the matter for a hearing by the City Council. The
decision of the City Council shall be set forth by resolution and shall be final.
If the amount due is not paid within ten (10) days of the decision of the City
Council or the expiration of the time in which to file an appeal under this Section,
the charges shall become a special assessment against the property and shall
constitute a lien on the property for the amount of the assessment. A copy of the
resolution shall be turned over to the County Auditor so that the auditor may
enter the amounts of the assessment against the parcel as it appears on the
current assessment roll, and the tax collector shall include the amount of the
assessment on the bill for taxes levied against the parcel of land.
14.08.210 Urgency Abatement.
The Director of Public Works is authorized to require immediate abatement of
any violation of this chapter that constitutes an immediate threat to the health,
safety or well-being of the public. If any such violation is not abated immediately
as directed by the Director of Public Works, the City is authorized to enter onto
private property and to take any and all measures required to remediate the
violation. Any expense related to such remediation undertaken by the City of
Lake Elsinore shall be fully reimbursed by the property owner and/or responsible
party. Any relief obtained under this section shall not prevent City from seeking
other and further relief authorized under this chapter.
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14.08.220 Violations.
t
It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this chapter. A violation of or failure to comply with
any of the requirements of this chapter shall constitute a misdemeanor and shall
be punished as set forth in Chapter 1.16.
14.08.230 Compensatory Action.
The Director of Public Works may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at compliance
workshops, creek cleanup, etc.
14.08.240 Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties hereinbefore provided,
any condition caused or permitted to exist in violation of any of the provisions of
this chapter is a threat to public health, safety, and welfare, and is declared and
deemed a nuisance, and may be abated pursuant to Chapter 8.18.
14.08.250 Acts Potentially Resulting in a Violation of the Federal Clean
Water Act and/or California Porter-Cologne Act.
Any person who violates any provision of this chapter or any provision of any
requirement issued pursuant to this chapter may also be in violation of the Clean
Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of
those acts including civil and criminal penalties. Any enforcement action
authorized under this chapter shall also include written notice to the violator of
such potential liability.
INTRODUCED UPON FIRST READING this 13th day of December 2011.
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
10th day of January, 2012.
Brian ' dale, Mayor
TT ST:
A/ J
Virgini Boom ity Clerk
APP VEDA~S T FOR
VV ' 9
Ba ra Leibold, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
f
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2011-1296 was introduced at the regular City Council
meeting of December 13, 2011 and adopted at the regular meeting of the 10th
day of January 2012, by the following roll call vote:
AYES: Council Member Weber, Mayor Pro Tern Hickman, Council Member
Melendez, Council Member Magee, and Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
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irgi i J. I of , CMC
City C erk
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