SR-6-C (73)
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CA:RMM:\wpfiles\laurie\urbrun.3\wp SEP 8 199Z
City Council Meeting 9-8-92 Santa Monica, California
STAFF REPORT
TO: Mayor and city Council
FROM: city Attorney
SUBJECT: Ordinance Adding Chapter 2B to Article VII
of the Santa Monica Municipal Code to
Regulate Urban Runoff Pollution
At its meeting on August 11, 1992, the City council introduced
for first reading an ordinance adding Chapter 2B to Article VII of
the Santa Monica Municipal Code to regulate urban runoff pollution.
The ordinance is now presented to the City council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance
be adopted.
PREPARED BY: Robert M. Myers, city Attorney
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~EP 8 1992
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CA:RMM:\laurie\urbrun.2\wp51
city Council Meeting 9-8-92 Santa Monica, California
ORDINANCE NUMBER 1642(CCS)
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(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADDING CHAPTER 2B TO
ARTICLE VII OF THE SANTA MONICA MUNICIPAL
CODE TO REGULATE URBAN RUNOFF POLLUTION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 2B is added to Article VII of the Santa
Monlca Munlcipal Code to read as follows:
Chapter 2B - URBAN RUNOFF POLLUTION
SECTION 7280. Findings. The City
Council finds and declares:
(a) The Clty of Santa Monica's storm and
surface water drainage system is planned,
designed and operated to handle storm water
runoff flows from public and prlvate
properties. In order to function effectively,
this system requires all private connections
to 1t to be properly constructed, maintained
and operated.
(b) storm water runoff flows from
individual properties onto the streets, then
through storm drains to the beaches. It is
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therefore in the pUblic interest to ensure
that both public and private dralnage systems
are properly maintained, in order to
facilitate the proper functioning of the
city's storm and surface water dralnage
system, and to prevent pollutants from
entering Santa Monlca Bay.
(c) The city of Santa Monica is a co-
permittee under in the Los Angeles County
National Pollutant Discharge Elimination
System (NPDES) Municipal Permit and as such is
obligated to implement Best Management
Practice ("BMP" ) procedures to prevent and
control the entry of pollutants and non-storm
water runoff into the city storm drain system.
(d) The most significant pollutants in
urban runoff come from particulates and 011
and grease.
( e) In order to better control the
quantity and quality of urban runoff
pollution, an active program requirlng
existing properties to adopt "good
housekeeping" practices is essential.
(f) In order to reduce runoff
contamination and runoff volume from prl vate
and publicly owned properties which will be
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newly developed, substantially rehabilitated
or redeveloped in the future, a program
ensuring that new developments incorporate
design elements which facilitate such control
is required.
(g) It is in the best interest of the
city to establish guidelines and procedures
for control of the quality of storm drainage
runoff from construction sites within the
city.
SECTION 7281. purpose. The purpose of
this Chapter is to permanently modify the
structural causes of urban runoff pollution.
The objectives of this Chapter include the
reduction of both runoff volume and runoff
contamination from existing residential and
non-residential properties and from future
developments. This Chapter has two main
goals. First, it aims to ensure that project
sites maximize on-site percolation of runoff
and/or have the capacity to convey or store
peak runoff from a storm and release it at a
slow rate so as to minimize the peak discharge
into storm drains. Second, this Chapter aims
to ensure that rain water is directed or
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contained so as not to become polluted by
passage through contaminating material~
SECTION 7282. Definitions. The
following words and phrases shall have the
fOllowing meanings when used in this Chapter:
(a) Area Susceptible to Runoff. Any
non-permeable surface directly exposed to
precipitation or in the path of runoff caused
by precipitation whl.ch leads dl.rectly to
neighboring properties or to the street.
(b) Best Management Practices ("BMP") .
Practl.ces princlpally applicable to
construction sites, parking lots and new
developments which reduce the toxicity
contained in, and the volume of, water which
runs into storm drains, treatment facilities
and the Santa Monlca Bay.
( c) Good Housekeeping Requirements
("GHR") . stormwater pollutlon control
practices applicable to existing properties
which have been demonstrated to significantly
reduce and control stormwater urban runoff
pollution which runs into storm drains,
treatment facilitl.es and the Santa Monlca Bay.
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( d) New Development. For purposes of
this Chapter, new development shall be defined
as an increase of fifty percent (50%) or
greater in the size of a single family home,
addition of one or more dwelling units in a
multi-family structure, or lmprovements to a
non-residential property which are valued at
fifty percent (50%) or more of the value of
the existlng improvements on the Slte.
(e) Projected Runoff. A numerical
projection based on the fOllowing formula:
Precipitation multiplied by Parcel
size multiplied by Imperviousness Factor
Precipitation shall be presumed 1n all cases
to be one inch of rainfall falling within a 24
hour perlod. Parcel size shall be the total
square footage of the lot being developed. An
imperviousness factor represents the amount of
average stormwater drainage from the average
of all parcels zoned for a particular land
use.
This numerlcal projection shall be used
as a starting point in measuring compliance
with the 20% urban runoff reduction required
by this Chapter.
The table below contains imperviousness
factors for different land use types. This
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table is derived from a more extensive list of
imperviousness factors utilized by the Los
Angeles county Department of Public Works -
Stormwater Management Divlsion, for benefit
assessment districts for flood control.
lMPER-
VIClJS-
NESS
LAND USE AREA BREAKDOWN FACTOR
RESIDENTIAL
single Up to 0.3257 Acre 0.4176
Area in Excess of 0.3257 Acre 0.0190
Condominium, Up to 0.3257 Acre 0.8194
Condominium Area in Excess of 0.3257 Acre 0.0190
conversion
Planned Up to 0.3257 Acre 0.4176
Residential Area in Excess af 0.3257 Acre 0.0190
Development
Cooperative Up to 0.3257 Acre 0.8194
Area in Excess of 0.3257 Acre 0.0190
Double, Duplex Up to .6514 Acre 0.4176
Or Two Unit Area in Excess of .6514 Acre 0.0190
Three-unit Up to 0.9771 Acre 0.6815
(Any Comblna- Area in Excess of 0.9771 Acre 0.0190
tion)
Four-unit Up to 1.3028 Acre 0.8194
(Any Cambina- Area in Excess of 1.3028 Acre 0.0190
tion)
Five or More All Lot Areas 0.8553
Units or
Apartments
Modular Homes Up to 0.3257 Acre 0.4176
Area in Excess of 0.3257 Acre 0.0190
Mobile Homes Up to 0.3257 Acre 0.4176
Area in Excess of 0.3257 Acre 0.0190
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Rooming Houses All Lot Areas 0.6815
Mobile Home All Lot Areas 0.8194
Parks
COMMERCIAL
stores All Lot Areas 0.9086
store All Lot Areas 0.9086
Combinations
Department All Lot Areas 0.9850
stores
Supermarkets All Lot Areas 0.9762
Shopplng All Lot Areas 0.9578
Centers
(Neighborhood)
Shopping All Lot Areas 0.9461
Centers
(Reg~onal)
Office All Lot Areas 0.9086
Buildings
Hotels and All Lot Areas 0.9578
Motels
Professional All Lot Areas 0.9578
Buildings
Restaurants All Lot Areas 0.9461
and Cocktail
Lounges
Wholesale and All Lot Areas 0.9086
MFG Outlets
Banks and All Lots Areas 0.9578
Savings &
Loans
Service Shops All Lot Areas 0.9461
Service All Lot Areas 0.9578
stations
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Auto, Recrea- All Lot Areas 0.9461
tion &
construction
Equipment Sales
and SerVlce
Parking Lots All Lot Areas 0.9461
Animal Kennels All Lot Areas 0.9578
Nurseries or Up to 0.4136 Acre 0.4733
Greenhouses Area in Excess of 0.4136 Acre 0.0190
INDUSTRIAL
Light Mfg All Lot Areas 0.9086
Heavy Mfg All Lot Areas 0.9086
Warehousing All Lot Areas 0.9086
Distribution
and storage
Food Process- All Lot Areas 0.9578
ing Plants
Motion Picture All Lot Areas 0.8194
& Radio/TV
Industries
Lumber Yards All Lot Areas 0.9578
Mineral All Lot Areas 0.4733
Processing
Parking Lots All Lot Areas 0.9086
open storage All Lot Areas 0.6551
RECREATION AND ENTERTAINMENT
Theaters All Lot Areas 0.9086
Bowling Alleys All Lot Areas 0.9850
Clubs, Lodge All Lot Areas 0.9086
Halls, Frater-
nal Organlzations
Athletic and All Lot Areas 0.6551
Amusement
Facilities
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Skating Rinks All Lot Areas 0.4733
INSTITUTIONAL
Churches All Lot Areas 0.8194
Schools All Lot Areas 0.8194
Colleges and All Lot Areas 0.4733
Universities
Hospitals All Lot Areas 0.7435
Homes for Aged All Lot Areas 0.6815
and Others
Cemeteries All Lot Areas 0.0000
VACANT
All Lot Areas 0.0190
(f) Reduced Runoff. A numerical
projection based on the following formula:
Projected Runoff
MUltiplied by .80
This projection represents the maximum amount
of stormwater drainage expected to occur at a
particular site upon implementation of an
approved Urban Runoff Mitigation Plan.
(g) Urban Runoff or Urban Runoff
Pollution. Water and suspended or dissolved
materials deposited on surfaces and washed by
storms or other sources of flowing water,
through the flood control system to the ocean.
Research studies have shown that urban runoff
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contributes many pollutants to receiving
waters. contamination includes bacteria and
viruses, solid waste, and toxics such as heavy
metals and petroleum-based compounds.
(h) Urban Runoff Mitigation Plan. A
plan which shall be required to be approved in
connection with any new development. Any such
plan shall achieve 20% reduction of the
projected runoff for the site.
SECTION 7283. Good Housekeeping
Requirements for Reduction of Urban Runoff at
Existing properties. The following good
housekeeping requirements shall be adhered to
by all persons within the city of Santa
Monica.
( a) COllection, storage and Minimization
of Runoff.
(1) Water used for lrrlgation
purposes shall not be allowed to run off of a
site. In addition, washing down of paved
areas shall be prohibited unless necessary for
health or safety purposes and not in violation
of any other provlslon of this Code.
(2) The uncovered outdoor storage
of unsealed contal.ners of building materials
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containing hazardous substances is prohibited
in areas susceptible to runoff.
(b) Maintenance of Equipment.
(1) objects such as vehicle motor
parts containing grease, oil, or other
hazardous substances, and unsealed receptacles
containing hazardous materials, shall not be
stored in areas susceptible to runoff.
(2) Any machine which is to be
repaired or maintalned in an uncovered outdoor
area shall be placed on a pad of absorbent
material to contain leaks, spills or small
discharges.
(3) Machinery and equipment,
including motor vehicles, which are leaking
significant amounts of oll or fluid must be
repaired.
(c) Removal of Debris and Residue.
(1) All parking lots susceptible to
runoff used for motor vehicle parking shall be
swept, at minimum, on a monthly basis to
remove debris. Lots with more than ten (10)
parking spaces and all pUblic parking
faCl1ities shall be vacuum swept, at minimum,
on a quarterly basis, to remove chemical
residue. However, lots are not required to be
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vacuum swept for one month following a day
when precipitat~on of one-half inch or more
occurs.
(2) Fuel and chemical residue or
other types of potentially harmful material,
such as animal waste, garbage or batteries,
which 15 located in an area susceptible to
runoff, shall be removed immediately and
disposed of properly. Household hazardous
waste may be disposed of at the city's
household hazardous waste collection facility
or at any other appropriate disposal site and
shall not be placed in a trash container.
(3) Intentional disposal of
landscape debris 1nto a storm drain is
prohibited. Section 5403 of the Santa Monica
Municlpal Code prohibits discharge of other
types of pOllutants into the storm drain.
(d) Prohibition on Use of Pesticides and
Funqicides Banned from Manufacture. Use of
any pesticide, herbicide, or fungicide, the
manufacture of which has been either
voluntarily discontinued or prohibited by the
Envlronmental Protection Agency, lS
prohibited. Those substances include any
contained on the list below:
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Banned Substances
Aldrin
BHC
Biothional
Captafol
Carbon Tetrachloride
Chloranil
Chlordane
Chlordimeform
Copper Arsenate (Basic)
cyhexatin
DBCP
DDO (TOE)
ODT
Oieldrin
Dinoseb
EDBC's
Zineb, Wabam
Endrin
EPN
Fluoroacetam1de
Heptachlor
Monocrotophos
OMPA
Phenarazine Chloride
PCB's
PCT's
Safrole
Silvex/ 2, 4, 5-T
Sodlum Monofluoracetate
Strobane
2, 4, 5-TCP and 1ts salts
Thallium Sulfate
TOK
Toxaphene
TBT
Lead Arsenate
Calcium Arsenate
Pentachlorophenal
Creosote
SECTION 7284. penalties for Failure to
comply with Good Housekeeping Requirements.
(a) The Director of the Department of
General Services, or his or her designee, is
authorized to enforce Section 7282 as follows:
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( 1) For the first failure to comply
with any provision of Section 7282, the
Department of General Services shall issue to
the affected person a written notice which
includes the following information:
(i) A statement specifying the
violation commltted.
( ii) A specified time period
within which the affected person must correct
the failure or flle a written notice disputing
the notice of- fal1ure to comply.
( iii) A statement of the
penalty for continued noncompliance.
(2) For each subsequent failure to
comply with any provision of section 7282
following written notice pursuant to this
Section, the Director of the Department of
General services may levy a penalty of one
hundred dollars ($100.00). Any statement
informing a violator of a citation shall
include a notice setting forth the hearlng
rights provided in subdlvislon (a)(3) below.
(3) Any person assessed a penalty
pursuant to subdivlsion (a) (2) may dispute the
penalty by requestlng a hearing on a form
provided by the City within the time and
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manner set forth in Municipal Code section
6072, provided that no hearing request shall
be deemed timely filed and no hearing shall be
held unless, within the time period to request
a hearing, the person deposits with the city
Treasurer money in the amount of any unpaid
penalty due under this Section. If as a
result of the hearing it is determined that
the penalty was wrongly assessed, the City
shall refund any money deposited to the
person. The decislon of the Hearlng Examiner
shall be final except for judicial review and
shall not be appealable to the city Council.
(4) It shall not be a defense to
the assessment of any penalty or to any other
civil enforcement action provided for under
this Section for a person to assert that any
violation of Section 7282 was caused by the
actl.ons of a person other than the person
assessed except if the violation was caused by
the criminal or negligent action of a person
who was not an agent, servant, employee, or
family member of the person.
(5) Any penalty collected hereunder
shall be deposlted in the Urban Runoff Fund to
be used as reimbursement for the Department of
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General Services' costs and expenses of
administration and enforcement of this
Chapter.
(b) The violation of this Chapter shall
constitute an infraction punishable by a fine
of One Hundred Dollars ($100.00). Each day
that a violation occurs shall constitute a
separate offense.
( c) A violation of any provision of this
Chapter is declared to be a public nuisance
and the City Attorney is authorized to abate
such violatlon(s) by means of a civil action.
(d) The penalties and remedies
established by this Chapter shall be
cumulative.
SECTION 7285. Ur):)an Runoff Reduction
Requirements for New Development. The
following urban runoff reduction requirements
shall apply to all persons submitting
applications for new development within the
city of Santa Monica.
(a) At the time of submittal of an
application for the first planning approval
for a new development project, an applicant
shall be required to submit an Urban Runoff
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Mitigation Plan to the Department of General
Services.
(b) In developing an Urban Runoff
Mitigation Plan, a developer shall reduce
projected runoff for a project by at least 20%
through incorporation of design elements or
principles which address each of the goals
set forth below as subdivision a, b, and c.
The design elements utilized by a developer
may, but are not required to, include those
prov~ded on the list below, wlth the exceptlon
of subdivis~on (b) (3) (i) WhlCh is required
where applicable. Although design elements
are set forth as if they address only one
goa 1, in many cases, they address more than
one and can be used to address multiple goals
in achieving the reduced runoff to be achieved
by the mitigatlon plan.
(1) Increase permeable areas.
(i) Maximize the percentage of
permeable surfaces and green space to allow
more percolation of runoff into the ground.
The use of porous materials for or near
walkways will increase the amount of runoff
seepage lnto the ground.
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( ii) Use natural drainage,
detention ponds, or infiltration pits so that
runoff may collect and seep into the ground
and reduce or prevent off-site flows.
( iii) Divert and catch runoff
through the use of swales, berms, green strip
filters, gravel beds, and french drains.
(iv) Construct driveways and
walkways from porous materials to allow
lncreased percolation of runoff into the
ground.
(2) Minim~ze the amount of runoff
directed to impermeable areas and/or maximlze
storm water storage for reuse.
( i) Install rain gutters and
orient them towards permeable surfaces rather
than driveways or non-permeable surfaces so
that runoff will penetrate lnto the ground
instead of flowlng off-slte.
( ii) Modify grades of property
to divert flow to permeable areas and to
minimlze the amount of stormwater leaving the
property.
( iii) Use sediment traps to
intercept runoff from drainage areas and hold
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or slowly release the runoff, with sediments
held in the trap for later removal.
(iv) Use retention structures
or design rooftops to store runoff. utilize
subsurface areas for storm runoff either for
reuse or to enable release of runoff at
predetermined times or rates to mlnimize the
peak discharge into storm drains. Cisterns
are also a possible storage mechanism for
reuse.
(v) Deslgn curbs, berms, or
the like so as to avoid isolation of permeable
or landscaped areas.
(3) Reduce parking lot pollution.
( i) All parking lots are
required to have the capability to conta1n one
inch of precipitation in a 24 hour period.
options to meet this requ1rement include use
of green strip filters and porous pavement to
capture and percolate runoff where possible,
and use of oil and water separators or
clarifiers to remove petroleum-based
contaminants and other pollutants which are
likely to accumulate.
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(ii) Direct runoff toward
permeable areas and away from pollutant laden
areas such as parking lots.
(iii) Construct parking lots
from porous materials.
( c) The City's evaluation of each Urban
Runoff Mitigatlon Plan will ascertain how well
the proposed plan meets the combined
objectives set forth in subdivision (b) above.
Each plan will be evaluated on 1ts own merits
according to the particular characteristics of
the project and the site to be developed.
(d) The Director of the Department of
General Services shall approve or disapprove
the plan within fourteen calendar days of
submittal. If the plan 15 disapproved, the
reasons for disapproval shall be given ln
writing to the developer. Any plan
disapproved by the Director of General
Services or his or her designee must be
revised by the developer and resubmitted for
approval. A resubmitted plan will be approved
or disapproved within fourteen calendar days
of submi tta 1. No building permit shall be
lssued until an Urban Runoff Mitigation Plan
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has been approved by the Department of General
Services.
( e) Full or partial waivers of
compliance with this Section may be obtained
by persons who apply on forms supplied by the
city and show that incorporation of design
elements that address the objectives set forth
in subdivision (2 ) above is an economic and
physical impossibility due to the particular
configuration of the site or to irreconcilable
conflicts with other City requirements.
Requests for wa1vers shall be granted or
denied, in writing, by a three-member board
comprlsed of one representative each from the
city's Planning Oivlslon, General Services
Department, and city Manager's Office.
(f) Compliance wlth an approved Urban
Runoff Mitigation Plan shall be a condition of
any required planning approval.
SECTION 7286. Urban Runoff Requirements
for Projects Under Construction. The
following Best Management Practices which
address the problem of urban runoff shall
apply to all projects undergoing constructlon
l.n the city. The Best Management Practices
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list set forth below is required by the city.
The requirements set forth below shall apply
at the time of demolition of an eXlsting
structure or commencement of construction and
until receipt of a certificate of occupancy:
(a) Runoff, sediment, and construction
waste from construction sites and parking
areas shall not leave the site.
(b) Any sediments or other materlals
which are tracked off the site shall be
removed the same day as they are tracked off
the site. Where determlned necessary by the
Building Officlal or his or her designated
representative, a temporary sediment barrier
shall be installed.
(e) On an emergency basis only, plastic
covering may be utl1ized to prevent erosion of
an otherwise unprotected area, along with
runoff devices to intercept and safely convey
the runoff.
(d) Excavated soil shall be located on
the slte in a manner that eliminates the
pOSS~bllity of sediments running into the
street or adjoining properties. soil plIes
shall be covered until the soil is either used
or removed.
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(e) No washing of construction or other
industrial vehicles shall be allowed adjacent
to a construction slte. No runoff from
washing vehicles on a construction site is
allowed to leave the slte.
(f) Drainage controls shall be utilized
as needed, depending on the extent of proposed
grading and topography of the slte, including
but not limited to the following:
(1) Detentlon ponds, sediment
ponds, or lnfiltratlon pits.
(2) Dikes, filter berms or ditches.
(3 ) Downdrains, chutes or flumes.
SECTION 7287. Citywide Urban Runoff
Pollution Education Program. The Department
of General Services, along with other City
Departments, shall conduct an informational
program to educate the public about the
dangers of urban runoff pollution and the
means of controlling such pollution. The
program shall educate residents and business
persons who operate wlthin the City about the
contents of this chapter prior to its
effective date.
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SECTION 7288. Annual Evaluation and
Revision of Good Housekeepinq Requirements,
Best Management Practices and construction
Requirements. In recognltion of the newness
of regulation in the area of urban runoff
pollution, the effectiveness of this Chapter
shall be evaluated in writing by the General
SerVlces Department not later than one year
from the effective date, and no less
frequently than once every two years
thereafter. The written evaluatlon should
address the necessity for revisions of the
process established by this Chapter for
achievlng urban _runoff reduction and the
necessity for revisions to good housekeeplng
requirements, best management practices and
construction requ1rements, if any.
SECTION 7289. Effective Date of this
Chapter. The provisions of Sections 7283,
7284, 7285, and 7286 shall not take effect
until sixty (60) days after the effective date
of this Chapter.
SECTION 2. Any provision of the Santa Monica Munlcipal Code
or appendices thereto inconslstent with the provisions of this
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.
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
lnvalid or unconstitutional without regard to whether any portlon
of the Ordinance would be subsequently declared invalid or
unconstitut~onal.
SECTION 4. The Mayor shall sign and the city Clerk shall
attest to the passage of thlS Ordinance. The city Clerk shall
cause the same to be publlshed once in the offlcial newspaper
within 15 days after its adoption. This Ordlnance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS tJ
city Attorney
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Adopted and approved this 8th day of September, 1992.
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I hereby certify that the foregoing ordinance No. 1642 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 11th day of August 1992: that the said Ordinance
was thereafter duly adopted at a meeting of the city council on
the 8th day of September 1992 by the following council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Zane
Noes: Councilrnembers: None
Abstain: Councilmembers: None
Absent: councilmembers: Vazquez
ATTEST:
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Itsor. Ci~ Clerk-