ORDINANCE 1320ORDINANCE NO. 1320
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, IMPLE-
MENTING THE STANDARD URBAN STORM WA-
TER MITIGATION PLAN OF THE CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
FOR THE LOS ANGELES REGION BY AMENDING
THE EL SEGUNDO MUNICIPAL CODE TO ADD
NEW CHAPTER 6.28, "STANDARD URBAN STORM
WATER MITIGATION PLAN IMPLEMENTATION"
WHEREAS, The 1972 amendments to the Federal Water Pollution Control Act
(referred to as the Clean Water Act or "CWA "), 33 U.S.C. §§ 1251 -1387, prohibit the
discharge of any Pollutant to navigable waters of the United States from a point source
unless the discharge is authorized by a permit issued pursuant to the National Pollutant
Discharge Elimination System ( "NPDES ") required by CWA § 402, 33 U.S.C. §§ 1342; and
WHEREAS, Municipal separate storm sewer systems ( "MS4") which convey
urban runoff, including, but not limited to Storm Water runoff, are within the definition of
point sources under the CWA; and
WHEREAS, Pursuant to the CWA, the United States Environmental Protection
Agency ( "US EPA ") has defined the term "Municipal separate storm sewer system" to mean
a conveyance, or system of conveyances, including roads with drainage systems, municipal
streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for
collecting Storm Water; and
WHEREAS, The US EPA, under the National Urban Runoff Program ("NURP")
has funded and guided studies of water quality from MS4s which drain residential,
commercial and light industrial sites; and
WHEREAS, NURP and other studies (cited at, among other places, 55 Fed.Reg.
47900) demonstrate the presence of Pollutants in urban runoff discharged to receiving
waters through MS4 systems; and
WHEREAS, CWA § 402(p) requires that the City obtain a permit for Storm Water
and urban discharges through the City's MS4; and
WHEREAS, Section 402(p) of the CWA further provides that NPDES permits shall
require controls to reduce the discharge (3)(B) of Pollutants to the maximum extent
practicable, including management practices and such other provisions as appropriate for the
control of Pollutants; and
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WHEREAS, the US EPA, in partial implementation of § 402(p) of the federal
Clean Water Act, 33 U.S.C. § 1344(p); has adopted final rules, known as the "Phase I and
Phase II Storm Water Regulations" at several places in Parts 9, 122, 123, and 124 of the
Code of Federal Regulations ( "CFR" ), and
WHEREAS, the State Water Resources Control Board ( "SWRCB ") has devel-
oped a plan to implement the requirements of section 402(p), § 6217 of the Coastal Zone
Act Reauthorization Amendments of 1990 ( "CZARA ") and certain parts of the California
Water Code, and
WHEREAS, in partial implementation of § 402(p) of the federal Clean Water
Act, 33 U.S.C. § 1344(p); the Phase I Storm Water Regulations, the requirements of sec-
tion 402(p), § 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 and
the California Water Code, the California Regional Regional Water Quality Control
Board — Los Angeles ( "RWQCB -LA ") issued a National Pollutant Discharge Elimination
System ( "NPDES ") permit and Waste Discharge Requirements for Municipal Storm
Water and Urban Runoff Discharges within the County of Los Angeles, Regional Board
Order No. 96 -054, NPDES No. CAS614001, on July 15, 1996 (the "Permit ") to each City
in Los Angeles County, including the City of El Segundo; and
WHEREAS, pursuant to the Permit, and in partial implementation of § 402(p) of
the federal Clean Water Act, 33 U.S.C. § 1344(p); the Phase I and Phase II Storm Water
Regulations, the requirements of section 402(p), § 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990 and the California Water Code, the RWQCB -LA
Board adopted Resolution No. R- 00 -02, approving and directing the Executive Officer of
the RWQCB -LA to issue a Standard Urban Storm Water Mitigation Plan for Municipal
Storm Water And Urban Runoff Management Programs in Los Angeles County
( "SUSMP ") setting forth the requirements to be implemented by all jurisdictions dis-
charging storm water under the Permit, and
WHEREAS, on March 8, 2000, the Executive Officer of the RWQCB -LA issued
a Final Approved STANDARD URBAN STORM WATER MITIGATION PLAN FOR
LOS ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY (the
"SUSMP ") setting forth the requirements to be implemented by all jurisdictions dis-
charging storm water under the Permit, and
WHEREAS, this City is a permittee under the Permit and therefore is required by
federal and state law to implement all requirements of the Permit, including the SUSMP,
and
WHEREAS, this City has authority under Article 11, section 7 of the California
Constitution to adopt ordinances needed to implement these requirements, and
WHEREAS, this City also has authority under the California Water Code to
adopt and enforce ordinances conditioning, restricting, and limiting activities that might
degrade the quality of the waters of the State of California,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SE-
GUNDO HEREBY ORDAINS THAT:
SECTION 1. The El Segundo City Council hereby finds, determines and declares as
follows:
Title 6 of the El Segundo Municipal Code is amended to add new Chapter 6.28,
"STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTA-
TION," to read in its entirety as follows:
"CHAPTER 6.28
STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTA-
TION
Sections:
6.28.010
LIMITS OF CHAPTER
6.28.020
SCOPE OF CHAPTER
6.28.030
DEFINITIONS
6.28.040
RATE OF DISCHARGE
6.28.050
SUBDIVISION DESIGN
6.28.060
BEST MANAGEMENT PRACTICES
6.28.070
CONTROL OF EROSION OF SLOPES AND CHANNELS
6.28.080
SIGNAGE OF STORM DRAINS
6.28.090
OUTDOOR STORAGE OF MATERIALS
6.28.100
OUTDOOR TRASH STORAGE AREAS
6.28.110
MAINTENANCE OF BEST MANAGEMENT PRACTICES
6.28.120
DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES
6.28.130
LOADING DOCKS
6.28.140
REPAIR AND MAINTENANCE BAYS
6.28.150
WASH AREAS
6.28.160
RESTAURANTS
6.28.170
RETAIL GASOLINE OUTLETS
6.28.190
PARKING LOTS
6.28.200
INSPECTIONS
6.28.210
FEES
6.28.220
WAIVER
§ 6.28.010 Limits of Chapter
Nothing in this Chapter shall be interpreted to:
(a) infringe any right or power guaranteed by the California Constitution, in-
cluding any vested property right; or
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PAGE NO. 3
(b) require any action inconsistent with any applicable and lawfully adopted
General Plan, Specific Plan, Plan Amendment, or Building Code that con-
forms to the laws of California and the requirements of this Chapter; or
(c) restrict otherwise lawful land use except as authorized by the laws of Cali-
fornia, subject to the limitations of this Chapter.
§ 6.28.020. Scope of Chapter
This Chapter shall apply to approval by the City of New Development or Redevelopment
(as those terms are defined in this Chapter) of.
(a) single- family residences on graded Hillside sites;
(b) Commercial Developments that make impermeable 100,000 square feet or
more of land;
(c) Automotive Repair Shops (SIC codes 5013, 5014, 5541, 7532 -7534, 7536-
7539);
(d) Retail Gasoline Outlets;
(e) Restaurants (SIC code 5812);
(f) Subdivisions of ten or more dwelling units;
(g) Development or Redevelopment of sites lying within or abutting, or dis-
charging directly an Environmentally Sensitive Area (as defined in this
Chapter); and
(h) Parking Lots, as defined in this Chapter.
§ 6.28.030. Definitions
For the purposes of this Chapter the following words and phrases shall have the
meanings respectively ascribed to them by this Chapter. Words and phrases not ascribed a
meaning by this Chapter shall have the meanings ascribed by the regulations implementing
the National Pollutant Discharge Elimination System, Clean Water Act § 402, and Divi-
sion 7 of the California Water Code, as they may be amended from time to time, if defined
therein, and if not, to the definitions in an applicable permit issued by the California Re-
gional Water Quality Control Board - Los Angeles, as such permits may be amended from
time to time.
"100,000 square foot Commercial Development" means "any Commercial De-
velopment that creates at least 100,000 square feet of impermeable area, including, but
not limited to parking areas. (See "Commercial Development" as defined below.)
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"Automotive Repair Shop" means a facility that is categorized in any one of the
following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532 -7534 or
7536 -7539.
"Best Management Practice" ("BMP ") means "any schedule of activities, pro-
hibition of practices, maintenance procedure, program, technology, process, siting crite-
ria, operational methods of measures, or other management practices or engineered sys-
tems, which when implemented prevent, control, remove, or reduce pollution.
"Commercial Development" means any development on private land that is not
residential or a site of an industrial activity, as defined in 40 C.F.R. § 122.26(b)(14).
"Commercial Development" includes, but is not limited to, hospitals, laboratories and
other medical facilities, educational institutions, recreational facilities, plant nurseries,
multi - apartment buildings, car wash facilities, mini -malls and other business complexes,
shopping malls, hotels, office buildings, public warehouses and other light industrial
complexes not within the scope of 40 C.F.R. § 122.26(b)(14)
"Directly Connected Impervious Area" ( "DCIA ") means a land area made im-
permeable to water from which runoff may enter a storm drainage system without first
flowing across a permeable land area.
"Environmentally Sensitive Area" means any area that is designated as: an
"Area of Special Biological Significance" by the California Water Resources Control
Board (Water Quality Control Plan, Los Angeles Region,: Basin Plan for the Coastal
Watersheds of Los Angeles and Ventura Counties [1994], as it may be amended) or an
"Area of Ecological Significance" by the County of Los Angeles (Los Angeles County
Significant Areas Study, Los Angeles County Department of Regional Planning [1976] as
it may be amended) or a "Significant Natural Area" by the California Resources Agency.
See Table 3 of the SUSMP, issued March 8, 2000.
"Greater Than Nine Unit Home Subdivision" means any subdivision where at
least ten (10) single - family or multi - family dwelling units are to be developed.
"Hillside" means a parcel in an area with known erosive soil conditions, where
the development will require grading on any natural slope which is twenty -five per cent
(25 %) or greater.
"New Development" means the subdivision of land, or the construction of either
structures or impervious surfaces.
"Parking Lot" means an area or facility for the temporary parking or storage of
motor vehicles used personally or for business or commerce, which contains 5,000 square
feet, or more, or twenty -five (25) or more parking spaces, and which is exposed to storm
water.
"Redevelopment" means, on an already developed site, the creation or addition
of at least 5,000 square feet of impervious surfaces or the creation or addition of fifty
percent or more of impervious surfaces or the making of improvements to fifty percent or
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more of the existing structure.' Redevelopment includes, but is not limited to: the ex-
pansion of a building footprint or addition or replacement of a structure; structural devel-
opment including an increase in gross floor area and/or exterior construction or remodel-
ing; replacement of impervious surface that is not part of a routine maintenance activity;
and land disturbing activities related with structural or impervious surfaces.
"Restaurant" means a stand -alone facility where prepared food and drinks are
sold for consumption, including stationary lunch counters and refreshments stands selling
prepared food and drinks for immediate consumption. (See SIC Code 5812). "Restau-
rant" does not include co- located stalls or food counters in general purpose establish-
ments such as markets and grocery stores.
"Retail Gasoline Outlet" means any facility where gasoline and lubricating oils
are sold.
"Source Control BMP" means any schedules of activities, prohibitions of prac-
tices, maintenance procedures, managerial practices or operational practices that aim to
prevent storm water pollution by reducing the potential for contamination at the source of
pollution.
"Storm Event" means a rainfall event that produces more than 0.1 inch of pre-
cipitation separated from the previous storm event by at least 72 hours of dry weather.
"Structural Control BMP" means any structural facility designed and con-
structed to mitigate the adverse impacts of urban runoff pollution (e.g., a canopy, struc-
tural enclosure). This category may include both Treatment Control BMPs and Source
Control BMPs.
"Treatment" means the use of physical, chemical, or biological processes to re-
move pollutants. Such processes include, but are not limited to filtration, gravity settling,
media absorption, biodegradation, biological uptake, chemical oxidation and UV radia-
tion.
"Treatment Control BMP" means any engineered system designed to remove
pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake,
media adsorption or any other physical, biological, or chemical process.
1 Redevelopment projects which create or add 5,000 square feet or more will be required to comply with
SUSMP for the newly created area only. Redevelopment projects in the categories subject to this Chapter,
as listed in Section XXX.020, which create or add 5,000 square feet or more will be required to comply
with SUSMP for both the existing area and the newly created area. Redevelopment projects in the catego-
ries subject to this Chapter, as listed in Section XXX.020, which do not add 5,000 square feet of impervi-
ous surface, or create or add fifty percent or more of the existing structure are exempt from the require-
ments of this Chapter.
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§ 6.28.040. Rate of Discharge
No New Development shall increase the peak rate of discharge of storm water from the
developed site if this increase would make downstream erosion more probable.
§ 6.28.050. Subdivision Design
Unless inconsistent with vested rights, the site design for all subdivisions subject to this
Chapter, to the greatest extent practicable, shall:
(a) Concentrate or cluster New Development on portions of the site while
leaving the remaining land in a natural undisturbed condition;
(b) Limit clearing and grading of native vegetation to the minimum, consis-
tent with the construction of lots, and to allow access and provide fire
protection;
(c) preserve riparian areas and wetlands.
§ 6.28.060. Best Management Practices (BMP)
(a) On the date this Chapter takes effect, those Best Management Practices
which are listed in Tables 1 and 2 of the "STANDARD URBAN STORM
WATER MITIGATION PLANT FOR LOS ANGELES COUNTY AND
CITIES IN LOS ANGELES COUNTY" approved by the Executive Offi-
cer of the California Regional Water Quality Control Board for the Los
Angeles Region, on March 8, 2000, shall be deemed to be incorporated by
reference and adopted by this City and shall remain in effect until the City
Council shall adopt by resolution a guidebook prepared or recommended
by the Director of Public Works (the "Director"), categorizing develop-
ment and Best Management Practices for each category.
(b) The Director may from time to time revise the guidebook, and the City
Council may adopt these revisions by resolution.
(c) No Best Management Practice other than a Structural or Treatment Con-
trol Best Management Practice shall be used in any development regulated
under this Chapter, unless the guidebook recommends that practice.
(d) No Structural or Treatment Control Best Management Practice may be
used in any development regulated under this Chapter unless the guide-
book recommends that practice.
§ 6.28.070. Control of Erosion of Slopes and Channels
Best Management Practices used on slopes or channels in New Development or Redevel-
opment subject to this Chapter shall:
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(a) convey runoff from tops of slopes;
(b) eliminate or reduce flow to natural drainage systems, and for flows which
cannot be eliminated, utilize natural drainage systems, rather than artificial
drainage systems, to the maximum extent practicable;
(c) stabilize soil at permanent channel crossings;
(d) vegetate slopes with native or drought tolerant species known to control
erosion; and
(e) dissipate concentrated flows before they enter unlined channels.
§ 6.28.080. Signage of Storm Drains
In the project area of New Development or Redevelopment subject to this Chapter, a no-
tice that dumping in storm drains and catch basins is illegal shall be:
(a) stenciled in paint or other permanent means at all storm drain inlets and
catch basins within the project area;
(b) posted at all known public accesses to natural or artificial drainage chan-
nels within the project area; and
(c) maintained to preserve the sign.
§ 6.28.090. Outdoor Storage of Materials
(a) All materials stored outdoors in New Development or Redevelopment
subject to this Chapter which, if exposed to storm water, may reasonably
be expected to add pollutants to it, shall be thoroughly isolated from con-
tact:
(1) with storm water, by enclosure in a structure; or
(2) with storm water, by a surrounding curb or other containment
structure.
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(b) The storage area must be completely covered:
(1) by impermeable paving and
(2) any structure by an overhead covering that adequately diverts pre-
cipitation away from the ground between the material and the sur-
rounding containment structure.
§ 6.28.100. Outdoor Trash Storage Areas
Except where they serve only single - family residences, solid waste containers in New
Development or Redevelopment subject to this Chapter shall be stored in areas that:
(a) are isolated from contact with storm water originating outside the storage
area and
(b) are surrounded with a barrier sufficient to prevent all trash from being
transported out of the storage area, except during collection.
§ 6.28.110. Maintenance of Best Management Practices
(a) Every person applying to the City for approval of any New Development
or Redevelopment subject to this Chapter, as part of that application, in a
signed writing, shall agree to maintain any Structural or Treatment Control
Best Management Practice to be implemented in that development through
means such as a covenant running with the land (such as covenants, con-
ditions and restriction, commonly known as CC &Rs), CEQA mitigation
measures, Conditional Use Permit or other legal agreement (collectively
"Agreement ").
(b) The Agreement described in subsection (a) of this section shall remain in
force until ownership of the developed property has been entirely trans-
ferred, and upon transfer, shall be binding on the new owner(s).
§ 6.28.120. Design Standards for Best Management Practices
Except as this Chapter may specifically exempt, every Structural or Treatment Control
Best Management Practice implemented under pursuant to this Chapter in New Devel-
opment or Redevelopment subject to this Chapter, for the area contributing to that prac-
tice:
(a) shall be adequate to protect from flooding those parts of the contributing
area adjacent to drainage channels, according to design criteria the (City
Public Works or Engineering Agency) may establish;
(b) shall be adequate
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(1) for the volume of storm water that, as determined by the formula
recommended in "ASCE Manual of Practice No.87 (1998)," may
be collected from the contributing area during a 24 -hour period in
which the total storm water runoff exceeds 85 % of all runoff vol-
umes that have been measured for 24 -hour periods for that same
area; or
(2) to treat, by the method recommended in "California Storm Water
Best Management Practices Handbook — Industrial /Commercial
(1993)," and as determined there, 80 % or more volume treatment
of the annual volume of storm water runoff from the contributing
area or
(3) for the volume of storm water runoff from the contributing area
produced by a storm event of 0.75 inches.
(c) Subsection (b) of this section shall not apply to any land area of less than
5,000 square feet being developed or redeveloped for use by any Restau-
rant.
§ 6.28.130. Loading Docks
In any 100,000 square foot Commercial Development or in any Automotive Repair Shop,
the design of any outdoor loading dock area in New Development or Redevelopment
subject to this Chapter shall:
(a) use an overhead covering that prevents the entry of storm water or
(b) prevent the entry of storm water by diverting it away and
(c) not conduct storm water from any truck well directly into a storm drain
system.
§ 6.28.140. Repair and Maintenance Bays
In any 100,000 square foot Commercial Development or in any Automotive Repair Shop,
in New Development or Redevelopment subject to this Chapter the design of any repair
or maintenance bay shall:
(a) prevent the entry of storm water by diverting it away or by locating such
bays indoors and
(b) use a drainage system that collects all water from washing and from leaks
or spills and stores it in a sump for disposal and
(c) does not conduct storm water from the bay directly to a storm drain sys-
tem.
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§ 6.28.150. Wash Areas
The design of any wash area for motor vehicles or equipment in New Development or
Redevelopment subject to this Chapter shall use:
(a) an adequate overhead covering and
(b) a device that clarifies or otherwise pretreats all wash water and
(c) a drain conducting all treated wash water to a sanitary sewer.
§ 6.28.160. Restaurants
The design of any Restaurant subject to this Chapter shall include an area for the washing
or cleaning of equipment, which:
(a) if indoors, shall
(1) be self - contained
(2) use a grease trap and
(3) use a drain conducting all waste water to a sanitary sewer; and
(b) if outdoors, shall
(1) use an overhead covering adequate to prevent contact with storm
water;
(2) be covered with impermeable paving;
(3) be surrounded by a curb or other containment; and
(4) use a drain conducting all waste water to a sanitary sewer.
§ 6.28.170. Retail Gasoline Outlets
All fuel dispensing areas in any Retail Gasoline Outlet subject to this Chapter shall:
(a) be covered by a structure that
(1) extends outward at least as far as the grade break at all points and
(2) diverts all storm water away from the fueling area.
(b) be paved with a material, other than asphaltic concrete, that is imperme-
able to water and has a smooth surface with a slope of not less than two
ORDINANCE NO. 1320
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PAGE NO. 11
per cent (2 %) but not more than four percent (4 %)
(c) be separated from the rest of the site by a grade break that, to the maxi-
mum extent practical, prevents storm water from entering the fueling area;
(d) extend outward at least six and one -half feet (6.5') from the outermost
corner of any fuel dispenser, or a distance one foot (1') greater than the
combined length of the dispensing hose and nozzle, whichever distance is
less;
§ 6.28.180. Parking Lots
To the maximum extent practical, all Parking Lots subject to this chapter shall minimize
offsite transport of pollutants by using the following design criteria and BMPs:
(a) minimizing impervious land coverage;
(b) providing for effective treatment or infiltration of storm water before it is
discharged into storm drains; and
(c) Use of operational and maintenance measures to remove heavy metals, oil
and grease and polycyclic aromatic hydrocarbons.
§ 6.28.190. Violations
(a) Violation of any provision of this Chapter shall be both a misdemeanor
and a public nuisance.
(b) The remedies specified in this Chapter shall not exclude any other legal
remedy that may be available to the City.
§ 6.28.200. Inspections
(a) The Director of Public Works and such officers as the Director may desig-
nate shall enforce the provisions of this Chapter.
(b) As necessary, these officers may, at a reasonable time and in a manner
authorized by the laws of California, enter and make inspections on any
property regulated under this Chapter.
§ 6.28.210. Fees
The City Council may establish and fix the amount of fees for services provided un-
der this Chapter, as authorized under sections 66016 and 66018 of the California
Government Code.
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§ 6.28.220. Waiver
(a) Any person required under this Chapter to implement a Structural or
Treatment Control Best Management Practice may petition to the City
Council to waive that requirement as impractical, provided the petitioner
has in good faith considered and rejected as not feasible all such practices
available.
(b) The City Council may waive a Structural or Treatment Control Best Man-
agement Practice as impractical if
(1) inadequate space for treatment exists on a redevelopment project
or
(2) soil conditions strongly disfavor the use of infiltration or
(3) the natural land surface where the BMP would be located lies:
(A) above a known unconfined aquifer or
(B) less than ten (10) feet above an existing or potential source
of drinking water.
(c) If a waiver is granted under subsection (b), above, the waiver shall be
conditioned on the petitioner's transfer of the savings in cost to a storm
water mitigation fund to be used to promote alternative solutions for storm
water pollution.
(d) Any petition for waiver not falling within the foregoing categories shall be
forwarded to the Regional Board for consideration.
SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdiction, such decision shall not af-
fect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each section, subsection, subdivi-
sion, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof
be declared invalid or unconstitutional.
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SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED this
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO
5th day of September 2000.
-q9kA' hleo��—
MIKE GORDON, MAYOR
SS
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do
hereby certify that the whole number of members of the City Council of said City
is five; that the foregoing Ordinance No. 1320 was duly introduced by said City
Council at a regular meeting held on the 15th day of August, 2000, and was duly
passed and adopted by said City Council, approved and signed by the Mayor,
and attested to by the City Clerk, all at a regular meeting of said Council held on
the 5th day of September, 2000, and the same was so passed and adopted by
the following vote:
AYES: Gordon, Jacobs, Gaines, McDowell
NOES: None
ABSENT: Wernick
ABSTAIN: None
NOT PARTICIPATING: None
C' dy Mo s n,'Ofty Clerk
APPROVED AS TO FORM:
ark D. He torney
ORDINANCE NO. 1320
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PAGE NO. 14