HomeMy WebLinkAbout09-03-2019 Item 09 - 2nd Reading of Ordinance related to Maintenance Inspection of Private Sewer Laterals
Department Name: Utilities
Cost Center: 6002
For Agenda of: September 3, 2019
Placement: Consent Item
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: David Hix, Utilities Deputy Director, Wastewater
Jeremy Gearhart, Wastewater Collection Supervisor
Jennifer Metz, Utilities Projects Manager
SUBJECT: SECOND READING OF ORDINANCE NO. 1665 (2019 SERIES) RELATED
TO MAINTENANCE AND INSPECTION OF PRIVATE SEWER LATERALS
AND WASTEWATER FLOW OFFSET REQUIREMENTS
RECOMMENDATION
Adopt Ordinance No. 1665 (2019 Series) entitled “An Ordinance of the City Council of the City
of San Luis Obispo, California, amending Chapter 13.08 of the Municipal Code related to
Maintenance and Inspection of Private Sewer Laterals and Wastewater Flow Offset
Requirements”
DISCUSSION
On August 20, 2019, the City Council voted 5:0 to introduce Ordinance No. 1665 (2019 Series)
(Attachment A) amending Section 13.08.390 and adding sections 13.08.395 and 13.08.396 to the
City’s Municipal Code related to private sewer laterals and wastewater flow offsets. The
amendments to Section 13.08.390 and the addition of Section 13.08.395 to the Municipal Code
provide detailed criteria on private sewer lateral maintenance and events triggering private sewer
lateral inspections. The addition of Section 13.08.396 to the Municipal Code describes the
wastewater flow offset requirements in capacity constrained areas of the City’s wastewater
collection system.
As described in Ordinance No. 1665, inspection requirement related to change in ownership will
be effective on January 1, 2020.
Previous Council or Advisory Body Actions
• August 20, 2019 Council Introduction of Ordinance No. 1665 (2019 Series) amending
Section 13.08.390 of the City’s Municipal Code related to Private Sewer Laterals.
• May 7, 2019 the City Council approved the 2019 Sewer System Management Plan.
• May 15, 2018 the City Council approved an update to the Water and Wastewater
Management Element of the General Plan, which included identification of capacity
constrained areas in the wastewater collection system.
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Policy Context
As the owner of the public sanitary sewer system, the City is required to comply with statewide
requirements described in the Sewer System Management Plan (SSMP), including providing
capacity assurance.
Public Outreach
Staff has made presentations on the proposed Private Sewer Lateral Program to Residents for
Quality Neighborhoods (RQN), the Developers Roundtable, various realtor groups, home
inspectors, residential property managers, commercial property managers, and environmental
group representatives. Outreach will continue through the 2019-20 fiscal year.
The City maintains a copy of the SSMP at the City’s Utilities Department website. Outreach is
also performed through various City programs including the Environmental Compliance
(Pretreatment) Program and Capital Improvement Program.
CONCURRENCES
Utilities Department staff has met with staff from Finance, Community Development, and Public
Works Departments on the proposed Private Sewer Lateral Program and those departments
concur with the recommendations in this report.
ENVIRONMENTAL REVIEW
The proposed Private Sewer Lateral Program (ordinance) is exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to the statute (Public Resources Code
Section 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), under
sections 15302 (Replacement or reconstruction of existing structures), 15307 and 15308 (actions
to protect natural resources and the environment of the CEQA Guidelines).
FISCAL IMPACT
Budgeted: N/A Budget Year: On-going
Funding Identified: N/A
Fiscal Analysis:
Funding Sources Current FY Cost Annualized
On-going Cost Total Project Cost
General Fund
State
Federal
Fees
Other: Sewer Fund N/A * N/A
* No increase in operating costs are proposed to support the program.
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Staff responsible for the implementation of Ordinance No. 1665 are in the Wastewater Division
of the Utilities Department with assistance from staff in Utilities Administration and the
Engineering Development Review and Building Divisions of the Community Development
Department.
ALTERNATIVES
Continue consideration of this item. The City Council may continue consideration of the
recommendation if more information is needed to make a decision. Direction should be provided
to staff regarding the additional analysis or data needed for the Council to conclude the item,
including conveying that additional subsections need to be added, removed, or amended.
Attachments:
a - Ordinance No. 1665 (2019 Series)
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ORDINANCE NO 1665 (2019 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 13.08 OF THE SAN LUIS
OBISPO MUNICIPAL CODE CREATING A SEWER LATERAL
INSPECTION AND OFFSET PROGRAM
WHEREAS, the City must provide capacity assurance consistent with its adopted Sewer
System Management Plan and Statewide General Waste Discharge Requirements; and
WHEREAS, the City completed a Sanitary Sewer Flow Monitoring and Inflow/Infiltration
Study in March 2012 that included sanitary sewer flow monitoring, rainfall monitoring, and inflow
and infiltration analysis; and
WHEREAS, the City adopted the Wastewater Collection System Infrastructure Renewal
Strategy on January 19, 2016 which identified areas with capacity constraints and surcharging in
the wastewater collection system during peak wet weather events; and
WHEREAS, the City has experienced sanitary sewer overflows which are identified as a
major threat to public health and water quality because of the pathogens, pollutants and nutrients
they contain and have been a focus of State Water Quality Regulators over the past several years;
and
WHEREAS, the City owns, operates, and maintains a sanitary sewer system with over 145
miles of pipeline and provides wastewater collection services to properties within the City limits
as well as Cal Poly and San Luis Obispo County Airport; and
WHEREAS, a system of private sewer laterals, estimated to equal an additional 191 miles
of pipeline, is owned and maintained by property owners; and
WHEREAS, private sewer laterals contribute significant inflow and infiltration
contributing to capacity constraints, surcharging, and overflows in the wastewater collection
system during peak wet weather events; and
WHEREAS, the City’s General Plan supports development and redevelopment of sites
that will accommodate the community’s future growth in areas with capacity constraints in the
wastewater collection system; and
WHEREAS, replacement of private sewer laterals will reduce inflow and infiltration and
provide feasible mitigation to project impacts associated with increased wastewater flow.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1: Environmental Review. The proposed ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA), pursuant to the statute (Public
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Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 Cal. Code Regs. 15000 et
seq.), including without limitation under sections 15307 and 15308 of the CEQA Guidelines
(actions to protect natural resources and the environment) and because it can be seen with certainty
that there is no possibility the adoption of this Ordinance may have a significant effect on the
environment (CEQA Guidelines § 15061(b)(3)).
SECTION 2: Section 13.08.390 of the San Luis Obispo Municipal Code is hereby
amended to read as follows:
Chapter 13.08 Sewers
Article IX. Sewer Connection
13.08.390. Drainage below curb and below main sewer level.
D. Maintenance of House Sewer Connections. Maintenance of House Sewer Connections shall
comply with Section 13.08.395.B. The property owner will be responsible for all construction,
maintenance, improvements and repairs of the sewer lateral including all house connections,
industrial sewers, private sewage disposal systems and appurtenances thereto, now existing or
hereafter constructed. Laterals shall be maintained by the owner of the property in a safe and
sanitary condition; and all devices or safeguards which are required for the operation thereof shall
be maintained in a good working order. If a property owner fails to maintain the abovementioned
wastewater facilities in a safe and sanitary condition, the director may order and require
termination of water service to the parcel and all structures connected to the sewer outlet subject
to these conditions. The water service shall not be reinstated until the maintenance or installation
of appropriate wastewater disposal facilities has been approved by the director. (Ord. 1598 § 1
(part), 2014)
SECTION 3: Section 13.08.395 and Section 13.08.396 of the San Luis Obispo Municipal
Code are hereby added as set forth below.
13.08.395. Private Sewer Laterals
A. Purpose.
Inflow and infiltration (I/I) is a serious problem for the city in that during wet weather events, a
significant amount of water is introduced into the city’s wastewater collection system from
breaches in the public and private sewer pipeline system. Studies have shown that private sewer
laterals are a significant source of I/I for the city. The city has determined that it is in the interest
of the public’s health, safety, and welfare to address I/I contributed by private sewer laterals and,
as such, it is a city priority to require the inspection of private sewer laterals.
B. Ownership, Maintenance, and Repair.
1. The entire lateral, from the building connection up to and including the “wye” connection
or other-tie-in to the city-owned sewer main, shall fall within the owner’s responsibility for
installation, maintenance, repair, and replacement.
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2. Each property owner shall be responsible for maintenance and repair of their private sewer
lateral in compliance with this section in a safe and sanitary condition, including:
a. Private sewer laterals shall be free of displaced joints, breaks, offsets, structural defects,
damage, open joints, missing portions of pipe, root intrusion, cracks, leaks, sediment
deposits or any other similar conditions, defects or obstructions likely to cause or
contribute to blockage of the private sewer lateral or the public sewer.
b. Private sewer laterals shall be equipped with cleanouts.
c. Private sewer laterals shall not be constructed, either in whole or in part, of
“Orangeburg pipe.”
d. As described in section 13.08.030.A, it is unlawful for any individual to connect the
following to a private sewer lateral: storm drains, roof drains, yard drains, surface or
subsurface drainage, groundwater, or other non-sewage pipes or drains.
3. If a property owner fails to maintain the abovementioned wastewater facilities in a safe and
sanitary condition, the director may order and require termination of water service to the
parcel and all structures connected to the sewer outlet subject to these conditions. The water
service shall not be reinstated until the maintenance or installation of appropriate
wastewater disposal facilities has been approved by the director.
C. Inspection of Existing Private Sewer Laterals.
1. Except as set forth in Section 13.08.395.C.2, after January 1, 2020, all private sewer
laterals connected to the city’s sewer system shall be inspected per Section 13.08.395.F
at the property owner's sole expense , when any of the following events occur:
a. Whenever the city has issued a notice of violation following a sanitary sewer overflow
event from a property’s private sewer lateral.
b. Upon submittal of a building permit for the addition of a bedroom, bathroom, or kitchen
in a residential structure or the addition of non-residential space or an additional
plumbing fixture unit in non-residential structures.
c. A change of the use of the structure from: (1) residential to nonresidential use; (2) to a
nonresidential use that will result in a higher flow than the previous nonresidential use;
or (3) to a nonresidential use where the structure served has been vacant or unoccupied
for more than three (3) years.
d. Increase in size of the domestic water meter serving the property or adding a new
domestic water meter.
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e. Whenever property located in the city and containing one or more structures which are
served by a private sewer lateral or laterals is subdivided. The inspection shall occur
prior to recordation of the final map.
f. Within thirty (30) days of notification by the city that “smoke testing” or closed-circuit
television (CCTV) sewer main inspection indicates the presence of inflow or
infiltration from private property that impacts the operation of the public wastewater
collection system.
g. Upon any change in ownership of real property within the city, which shall be
implemented as follows:
i. “Change in ownership” shall have the meaning set forth in Revenue and Taxation
Code sections 60 and 61. A change in ownership shall not include those transactions
as set forth in Revenue and Taxation Code section 62.
ii. Before close of escrow for any change in ownership of real property within the city,
the seller(s) of such property shall disclose to the buyer(s) the results of the private
sewer lateral inspection as set forth in Section 13.08.395.F.
h. For events identified in 13.08.395.C.1 a through f, repair or replacement shall be made
pursuant to Section 13.08.395.G.
2. Exceptions. An inspection required pursuant to Sections 13.08.395.C.1 shall not be
required in the following circumstances:
a. New Construction or Prior Replacement of Lateral. If the owner(s) (or the owner’s
predecessor-in-interest) has originally installed or has replaced the private sewer lateral
within the twenty (20) years prior to the date the inspection would otherwise be
required.
b. Prior Inspection of a Lateral. If the owner(s) (or the owner’s predecessor-in-interest)
has either completed an inspection of the sewer lateral in accordance with the
inspection requirements of Section 13.08.395.F within the past five years.
c. The private sewer lateral is located within a common interest development which is
regulated under Section 13.08.395.D and serves more than two separate units or
properties within the common interest development.
The owner shall bear the burden of proving that the inspection requirements of Sections
13.08.395.C.1 do not apply. The owner shall provide proof of any prior replacement, inspection
or repair of a private sewer lateral in the form of a validly issued permit or other documentation
that ensures such prior replacement, repair or inspection of a private sewer lateral occurred
pursuant to the exceptions above. The form and content of the document or proof must be
deemed sufficient by the city’s Utilities Director.
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D. Private Sewer Laterals within Common Interest Developments.
1. For purposes of this Section 13.08.395, the term “common interest development” shall
include any community apartment project, condominium project, planned development, or
stock cooperative.
2. Private sewer laterals located within a common interest development shall be inspected
pursuant to the requirements of Section 13.08.395.F as follows:
a. By January 1, 2030, and once every twenty (20) years thereafter.
b. Whenever the city has issued a notice of violation following a sanitary sewer overflow
event from a common interest development’s private sewer lateral.
c. Increase in size of the water meter serving the common interest development.
3. Exceptions. An inspection required pursuant to Sections 13.08.395.D.1 shall not be
required in the following circumstances:
a. Prior Replacement of Lateral. If the private sewer lateral serving the common interest
development in its entirety was installed or replaced within the twenty (20) years prior
to the date the inspection would otherwise be required.
b. Prior Inspection or Repair of a Lateral. If the private sewer lateral serving the common
interest development in its entirety was inspected in accordance with the inspection
requirements of Section 13.08.395.F within the five (5) years prior to the date the
inspection would otherwise be required.
E. Inspection of Shared Private Sewer Laterals.
Each property owner served by a shared private sewer lateral shall be responsible for compliance
with Section 13.08.395.B and shall be subject to the inspection requirements identified in
13.08.395.C. For purposes of this Section 13.08.395.E, a “shared private sewer lateral” shall mean
laterals serving more than one property that are not part of a common interest development.
F. Inspection Requirements.
1. Property owners must submit documentation of the sewer lateral inspection to the City
prior to the close of escrow. Testing may be accomplished by either a water ex-filtration
test, an air test, or closed-circuit video recording observation. Installation of clean outs and
removal of existing p-traps may be necessary to accomplish the video inspection. If a
closed-circuit video recording observation is selected as the method of inspection, then the
video shall meet the following requirements:
a. Shall be in digital format.
b. Shall be in color (black and white or otherwise unclear video will not be accepted).
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c. Shall show the address of the lateral.
d. Shall show the date the video was taken.
e. Shall inspect the entire lateral from the house connection to the city-owned sewer main.
f. Shall have a running foot or time marker clearly visible on the screen.
g. Where joints are present, shall briefly stop the camera at each to clearly indicate their
integrity.
h. Shall have the telephone number for the point of contact for the company providing the
inspection.
i. A map shall be provided with the video inspection to clearly show the lateral location
including the cleanout or access point at the house connection used to insert the camera
into the lateral and the wye connection to the city-owned sewer main.
2. The lateral inspection and lateral inspection report shall be prepared and signed by a
licensed plumber or contractor with a current state license who shall declare that the report
is true and correct. At a minimum, the inspection report shall include the information in
Exhibit A:
EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Property Address (or Addresses):
Inspection Date: Inspection Method:
Company Name/Point of Contact:
Phone Number/Email Address:
Lateral Length (in feet): Lateral Material:
Installation date (if known): Lateral Age:
Describe deficiencies (if any):
Plumber/Contractor Signature:
License # of Plumber/Contractor:
Property Owner Signature:
Property Owner interest in participating in city Wastewater Flow Offset Program: * YES NO
* If Property Owner indicates “Yes”, city would include address on eligibility list for Wastewater Flow
Offset Mitigation requirement.
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3. A licensed plumber or contractor who prepares a false lateral inspection report shall be
subject to punishment under Article XII of this Chapter in addition to any other legal
remedies or punishment provided by law.
4. Verification. The city reserves the right to verify the sewer lateral inspection results prior
to being accepted.
G. Sewer Lateral Repair or Replacement Requirements.
Upon receipt of the private sewer lateral inspection report pursuant to this Chapter, within seven
(7) business days, the city shall review the private sewer lateral inspection and lateral inspection
report to verify the plumber/contractor findings and provide the owner with a determination on
whether the lateral meets the criteria described in Section 13.08.395.B. If the private sewer lateral
is not in compliance with Section 13.08.395.B, then it shall be repaired or replaced to conform to
such standards.
H. Punishment for Violation of this Chapter.
Failure to comply with the requirements of this Article shall be punishable pursuant to the remedies
identified in Article XII of this Chapter. No building permits or other discretionary approvals shall
be issued for a property with a private sewer lateral that is determined to be not in compliance with
Section 13.08.395.B until the private sewer lateral is brought into compliance with city standards.
I. Rebate Programs.
The city may establish by resolution one or more programs to assist owners with the replacement
of private sewer laterals.
J. Fees.
The City Council may from time to time establish, by resolution, fees for issuing permits,
reviewing inspection reports and other activities of the city performed pursuant to this chapter.
13.08.396. Wastewater Flow Offset
A. Purpose.
The city experiences surcharging in the wastewater collection system and sanitary sewer overflows
during wet weather events due to inflow and infiltration. The purpose of these regulations is to
establish a methodology whereby new or intensified development in capacity constrained areas as
established by the City Council, could offset new wastewater flow to mitigate capacity constraints
in the existing wastewater collection system to accommodate the project’s additional demand.
Without a reduction in inflow and infiltration in these areas, the city will not be able to serve new
or intensified development until a significant number of private sewer laterals are replaced or
public sewer mains are upsized.
B. Application.
The provisions of this article shall apply to new or intensified development in capacity constrained
areas of the wastewater collection system as established by the City Council.
C. Calculating the Wastewater Flow Offset.
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An applicant shall calculate a development’s Wastewater Flow Offset (Exhibit B) using the
domestic sewage generation factors and peaking factor identified in the Uniform Design Criteria,
found in the city’s adopted Engineering Standards.
D. Wastewater Flow Offset through Private Lateral Replacement.
The city determined that replacement of a private sewer lateral serving an existing single-family
residence (one equivalent dwelling unit) would create a wastewater flow offset of 390 gallons
per day. This is equal to the wastewater generation rate of a single-family residence (150 gpd), at
a peaking factor of 2.6.
EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
Residential Development:
Studio Units:
Multi-Family Units:
Single-Family Units:
Residential Wastewater Flow:
Studio Units:
Multi-Family Units:
Single-Family Units:
RESIDENTIAL FLOW TOTAL (gallons per day):
Non-Residential Development:
Commercial Square Footage:
Industrial Square Footage:
Manufacturing Square Footage:
Business Park Square Footage:
Hotel/Motel Rooms:
Non-Residential Wastewater Flow:
Commercial:
Industrial:
Manufacturing:
Business Park:
Hotel/Motel:
NON-RESIDENTIAL FLOW TOTAL (gallons per day):
(Proposed Residential Flow + Proposed Non-Residential Flow) x Peaking Factor =
Total Wastewater Flow Offset
TOTAL WASTEWATER FLOW OFFSET (gallons per day):
* Replacement of a private sewer lateral serving an existing single -family residence (one equivalent dwelling unit )
would offset 390 gallons per day of additional wastewater flow ).
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SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or en forcement of the
remaining portions of this ordinance, or any other provisions of the city' s rules and regulations. It
is the City' s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 5. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes shall be published at least five days prior to its final passage in the New Times,
a newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage. A copy of the full text of this ordinance shall be on file in the
Office of the City Clerk on and after the date following introduction and passage to print and shall
be available to any member of the public.
INTRODUCED on the 20th day of August, 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 3rd day of September, 2019, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, 2019.
______________________________
Teresa Purrington
City Clerk
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RECEIVED
SEP 0 3 2019
SLO CITY CLERK
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 • FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Times, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of sail newspaper and not in
any supplement thereofonthe following dates,
to -wit: r
in the year 2019. [!
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated aat-,S� Luis Obisp . Califo . 1, this
day of ^ O_(f_% 2019.
II. I �
T_il�. -Zk
Patricia Horton, New Times Legals
Ad,nin & Pcn U•NTA1G Ad,.6,VNTMG Offt&B 1SINESSiTAk Nodl fPlunr of INb
Proof of Publication of
0
ORDINANCE NO. 1665 (2019 SERIES)
PRIVATE SEWER LATERAL ORDINANCE
NOTICE IS HEREBY GIVEN that tho City Cdtlnr;ll of the City of
San Luis Obispo, California, at its Regular Meeting of Auqunt 20.
2019, rntroducad the about,, tilled oldinance upon a mOlicA by Vice
Mayor Nose. second by Council Membor Gomay orad on the
lollowrng roll call vase:
AYtS Council Member Christianson, Gomez, Stewart, Vice Mayor
RGaaa, and Mayor Harmon
NOES: None
Urtl10ehC9,190.160 I20I9 Sideal -This is a City Ordinance that
Addy detail on prvdla saww lateral rrtaintenance ragwromento,
wants requiring prwale sewer latera! In$pyCtlolls, hlooding
in8paction upon sale of a property, and uvastw titer flow olfaat
raqurromenls applicable to new davelopnloni m capacity
camlraingU areas of lho CitVt waslewater colloolion sysinrn.
A full and complete copy of the aforementioned Ordinance is
a 44hle for ma{raction and coir,• In the City Clerk's Office, located
Jt 990 palm Street, San Lyrs Obispo, California, or you may call
K5) 7$1-7100 for mole Irlforntatlon.
NOVICE IS HEREBY FUATNER GIV&q allot the City Council of aha
Ctryof San LtdsOWapowill consider adoplinp the aforemlentionad
Oid"noe at its Regular MpoNng of September 3, 2019 al 6:00
pm,, which will Ira held in the Council Chamber. Iduted at 990
Pdtin Street San Lure Obl"m Caklornia.
TBf Purrington, City Clerk
August 29, 2019