HomeMy WebLinkAboutOrd. 1464-2013ORDINANCE NO. 1464-2013
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTER 14.08 OF
THE SOUTH SAN FRANCISCO MUNICIPAL CODE
REGARDING WATER QUALITY CONTROL
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city
or county may make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City of South San Francisco ("City") is subject to federal
pretreatment regulations; and,
WHEREAS, the California Regional Water Quality Control Board mandates the
revision of the city's pretreatment ordinance to bring it in line with federal regulations; and,
WHEREAS, the City of South San Francisco Municipal Code ("Municipal Code")
regulates water quality control; and,
WHEREAS, modifications to the Municipal Code are required to comply with the
provisions of the applicable federal pretreatment regulations.
NOW THEREFORE, the City Council of the City of South San Francisco does
hereby ordain as follows:
SECTION 1. AMENDMENTS
The City Council hereby amends the following sections of Chapter 14.08 of the South San
Francisco Municipal Code to read as follows (with text in strikeout indicating deletion and
double underlined text indicating addition). Sections and subsections that are not amended
by this Ordinance are not included below, and shall remain in full force and effect.
Chapter 14.08 WATER QUALITY CONTROL
14.08.030 Definitions.
"Act" means the Federal Water Pollution Control Act, also known as the Clean
Water Act, 33 U.S.C. Section 1251 et seq., as amended.
"Amal2arn SCDarator" is a device t e
thamploys
.... .. . . ...... . . . . ploy i
or ion exchange to remove arnalgam and its metal constituents from a dental office vacuum
system—before it discharges tQ tthe sewer.
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"Amalgam waste" means and includes non contact arnalgarn (amalgam scrap, that
has not been in contact with the iiatient)'_�pqutact amalgam (including but not limited toA,
extracted teeth containing amalgam); ajnalga�mslu e ca tuz ed b chairside traps, vacuum
pump filters, screens,._ and other amalgam trap ing,,dqvices; used amalgam capsules; and
leaking or imusablqamalgan cabs less
"Authorized representative" means:
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
(b), The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that govern the
operation of the regulated facility including having the explicit or implicit duty of making
major capital investment recommendations, and initiate and direct other comprehensive
measures to assure long term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are established or actions taken to gather
complete and accurate information for individual wastewater discharge permit
requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) If the user is a partnership or sole proprietorship, a general partner or
proprietor, respectively.
(3) If the user is afederal, state, or local governmental facility: a director or highest
official appointed or designated to oversee the operation and perforriiance of the activities
of the government facility, or designee.
(4) The individuals described in subsections (b)(1) through (b)(3) may designate a
duly authorized representative if the authorization is in writing, the authorization specifies
the individual or position responsible for the overall operation of the facility from which
the discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the city.
"Best management practices" (BMP's) mean schedules of activities, prohibitions
of practices, general good housekeeping practices, pollution prevention practices,
maintenance procedures, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to waters of the United States and to
implement the discharge prohibitions set forth in Section 14.08.210. BMPs also include
treatment requirements, operating procedures, and practices to control site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material storage.
"Biochemical oxygen demand (BOO)" means the quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure, five days at
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twenty degrees centigrade expressed in terms of weight and concentration as milligrams
per liter.
"Categorical industrial user" means an industrial user subject to a categorical
pretreatment standard or categorical standard.
"Categorical pretreatment standard" or "categorical standard" means any regulation
containing pollutant discharge limits promulgated by EPA in accordance with Sections
307(b) and (c) of the Act (33 U.S.C. Section 1317) that apply to a specific category of users
and that appear in 40 CFR Chapter 1, S Libehapter N, Parts 405 through 471.
"Chemical oxygen demand (COD)" means the equivalent quantity of oxygen
utilized during oxidation of organic and inorganic matter in wastewater under the
conditions of the COD test described in standard methods, expressed in milligrams per
liter.
"City" means the city of South San Francisco.
"Contamination" means impairment of the quality of the waters of the state by
waste to a degree which creates a hazard to the public health through poisoning or through
the spread of disease.
"Cooling water" means the water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
"Daily maximum" means the arithmetic average of all effluent samples for a
pollutant collected during a calendar day,
"Daily maximum limit" means the maximum allowable discharge limit of a
pollutant during a calendar day. Where daily maximum limits are expressed in units of
mass, the daily discharge is the total mass discharged over the course of the day. Where
daily maximum limits are expressed in teens of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
"Department of environmental services" means the San Mateo County department
of environmental services, or any successor,
"Discharge" means the direct or indirect introduction of pollutants or wastewater
into the POTW or the waters of the state,
"Domestic or residential premises" means a single-family, duplex or multiple-
family dwelling.
"Environmental Protection Agency (EPA)" means the U.S. Environmental
Protection Agency, or one of its duly authorized officials,
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"Existing source" means any source of discharge that is not a new source.
"Garbage" means solid wastes from the preparation, cooking and dispensing of
foods, and from the handling, storage and sale of produce. "Properly ground garbage" is
the waste from the preparation, cooking and dispensing of foods which have been ground
to such a degree that all particles may be carried freely under the -flow conditions normally
prevailing in public sewers.
"Grab sample" means a sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and over a period of time not to exceed
fifteen minutes.
"Grease" means greases, oils, fats, fatty acids, waxes, soaps or other matter which is
so determined in accordance with the standard methods examination for grease in polluted
waters.
"Holding tank waste" means any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
"Indirect discharge" means the discharge or the introduction of nondomestic
pollutants from any source regulated under Section 307(b), (c) or (d) of the Act, into the
POTW (including holding tank waste discharged into the system).
"Industrial user" means a source of indirect discharge.
"Industrial waste" means the gaseous, liquid and solid wastes from any producing,
manufacturing or personal service industries, or from any processing operation of whatever
nature, including the washing of vehicles, machines and equipment.
"Inflow" means water other than wastewater that enters a sewer system from
sources, such as but not limited to, roof leaders, cellar drains, yard drains, area drains,
drains from springs and swampy areas, manhole covers, cross connections between storm
sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff,
street wash waters, for drainage. Inflow does not include, and is distinguished from,
infiltration as defined in 40 CFR 35.2005,
"Instantaneous limit" means the maximum concentration of a pollutant allowed to
be discharged at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration of the sampling
event.
"Interference" means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge processes, use or disposal; and therefore, causes or threatens to
cause a violation of the POTWs NPDES pen-nit or prevents sewage sludge use or disposal
in compliance with Section 405 of the Act, the Solid Waste Disposal Act (SWDA), the
M
Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and
Sanctuaries Act.
"ISO 11143" is the International Omni
—4-ation for Stand rdiz oLCs ato f
w— -atL idaud–mr
a.malgam sqp#MtQrs.
"Local limit" means specific discharge limits developed and enforced by the city
upon industrial or commercial facilities to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(1) and (b) and Section 14.08.210.
"Mass emission rates" means pounds per day in waste or waste discharge of
designated materials.
"Medical waste" means isolation. wastes, infectious agents, hun-lan blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
"Moderate industrial user" means an industrial user who is not a significant
industrial user yet requires periodic inspection and/or monitoring to verify compliance with
current local limits.
"Monthly average" means the sum of all daily discharges measured during a
calendar month divided by the number of daily discharges measured during that month.
"Monthly average limit" means the highest allowable average of daily discharges
over a calendar month, calculated as the sum, of all daily discharges measured during a
calendar month divided by the number of daily discharges measured during that 1-not-Ith.
"National pollution discharge elimination system (NPDES) pen-tilt" means a permit
issued pursuant to Section 402 of the Act (33 U.S.C. 1.342).
"Natural outlet" means any outlet into a watercourse, pond, ditch, lake, bay, ocean
or other body of surface water, or into the groundwater.
"New source" means any building, structure, facility or installation from which
there is, or may be, a discharge of pollutants, the construction of which began after the
publication of proposed pretreatinent standards pursuant to Section 307(c) of the Act which
will be applicable to such source if such standards are promulgated, provided that:
(1) The building, structure, facility or installation is constructed at a site at which
no other source is located; or
(2) The building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source; or
(3) The production or wastewater generating processes of the building, structure,
facility or installation are substantially independent of an existing source at the same site.
In deten-nining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the new
facility is engaged in the same general type of activity as the existing source, should be
considered.
Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new building,
structure, facility or installation meeting the criteria of subsection (2) or (3) but otherwise
alters,, replaces, or adds to existing process or production, equipment.
Construction of a new source as defined under this paragraph has commenced if the
owner or operator has:
(1) Begun, or caused to begin, as part of a continuous onsite construction program:
(A) any placement, assembly or installation of facilities or equipment; or (B) significant
site preparation work including clearing, excavation, or removal of existing buildings,
structures or facilities which is necessary for the placement, assembly, or installation of
new source facilities or equipment; or
(2) Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time. Options
to purchase or contracts which can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not constitute a contractual
obligation under this subsection.
"Noncoritact cooling water" means water used for cooling that does not come into
direct contact with any raw rnatenal, intermediate product, waste product, or finished
product.
"Pass through" means discharge through the POTW to waters of the United States
which, alone or in conjunction with discharges from other sources, causes or threatens to
cause a violation of the POTW's NPDES pen-nit.
"Person" means any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust estate, governinental entity or any other
legal entity, or their legal representatives, agents or assigns.
"pH" means the logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in grams per liter of solution.
"Pollutant" means any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, inedical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt, industrial wastes, municipal wastes or agricultural wastes discharged into
water.
"Pollution" means the man lade or man-induced alteration of the chemical,
physical, biological or radiological integrity of water.
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"Pretreatment" or "treatment" means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into
the POTW. The reduction or alteration can be obtained by physical, chemical or biological
processes, or process changes or by other means, except as prohibited by 40 CPR Section
403.6(d).
"Pretreatment program" means a program to protect the POTW, its workers and the
environment from adverse impacts that may occur when hazardous or toxic wastes are
discharged into the POTW.
"Pretreatment requirements" means any substantive or procedural requirement
related to pretreatment, other than a pretreatment standard imposed on an industrial user.
"Pretreatment standards" includes categorical pretreatment standards, prohibited
discharge standards, and local limits.
"Prohibited discharge standards" or "prohibited discharges" means absolute
prohibitions against the discharge of certain substances which are set forth in Section
14.08,210.
"Publicly owned treatment work (POTW)" means a treatment works as defined by
Section 212 of the Act (33 U.S.C. 1292) which is owned by the cities of South San
Francisco and San Bruno, This definition includes any devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a
liquid nature and any sewers, pipes and other conveyances that convey wastewater to a
treatment plant. For the purposes of this chapter, POTW shall also include any sewers that
convey wastewaters to the plant From persons outside the city, who are, by contract or
agreement with the city, users of the city's POTW.
"Sanitary sewage" means domestic or domestic-like sewage.
"Sewage" (see wastewater) means water-carried and liquid wastes from residences,
business buildings, institutions and industrial establishments, together with such
groundwaters, surface waters, and storinwaters as may be present, or any combination of
such wastes and waters,
"Sewer" means a pipe or conduit for carrying water, sewage andJor wastewater; and
the following:
(1) "Building sewer" means a sewer conveying wastewater from the premises of a
user to a public sewer.
agency.
(2) "Public sewer" means a sewer which is controlled by the city or other public
(3) "Sanitary sewer" means a sewer for domestic, commercial and industrial waste
to which stormwaters, surface waters and groundwaters are not intentionally admitted.
(4) "Side sewer" means a sewer conveying the wastewater of a discharge from a
residence, building or other structure to a public sewer, including direct connections where
permitted.
(5) "Storm sewer" means a sewer which carries storm and surface waters but from
which sewage and polluted industrial, commercial and institutional wastes are required to
be excluded.
"Significant industrial user" means:
(1) All categorical industrial users;
(2) Any noncategorical industrial user that: (A) discharges an average of twenty-
five thousand gallons or more per day of process wastewater to the POTW; or (B)
contributes a process wastestream which makes up five percent or more of the average dry
weather hydraulic or organic capacity of the POTW treatment plant; or (C) has a
reasonable potential, in the opinion of the city, to adversely affect the P'OTW's operation
(i.e., inhibition, pass through of pollutants, sludge containination, or endangerment of
POTW and collection system workers) or for violating any pretreatment standard or
requirement.
(3) The city may determine that an industrial user subject to categorical
pretreatment standards is a nonsignificant categorical industrial user rather than a SIU on a
finding that the industrial user never discharges more than one hundred gallons per day
(gpd) of total categorical wastewater to the POTW (excluding sanitary, noncontact cooling
and boiler blowdown wastewater, unless specifically included in the pretreatment standard)
and the following conditions are met:
(1) The industrial user, prior to the city's finding, has consistently complied with
all applicable categorical pretreatment standards and requirements-,
(2) The industrial user annually submits the certification statement required in
Section 14.08.200(e)(2), together with any additional information necessary to support the
certification statement; and
(3) The industrial user never discharges any untreated concentrated wastewater.
"Slug load" or "slug discharge" means ally discharge at a flow rate or
concentration, which could cause a violation of the prohibited discharge standards in
Section 14.08.210 of this chapter. A slug discharge is any discharge of a nonroutine,
episodic nature, including, but not limited to, an accidental spill or a noncustomary batch
discharge, which has a reasonable potential to cause interference or pass through, or in any
other way violate the POTW's regulations, local limits or permit conditions.
"Standard industrial classification (SIC)" means a classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of the President,
Office of Management and Budget, 1972, or any successor.
"Standard methods" means the latest EPA-approved edition of "Standard Methods
for the Examination of Water and Wastewater" prepared and published jointly by
American Public Health Association, American Water Works Association, and the Water
Pollution Control Federation on methods deemed equivalent by the superintendent and the
Regional Water Quality Control. Board, San Francisco Bay Region, herein referred to for
definitions, laboratory procedures of analysis, tests (including test samples) and
measurements.
"Stormwater" means any flow occurring during or following any form of natural
precipitation and resulting therefrom.
"Superintendent" means the superintendent of the POTW who is charged with
certain duties and responsibilities by this chapter, or the superintendent's authorized
representative.
"Total suspended solids" or "suspended solids" means the total suspended matter
that floats on the surface of, or is suspended in, water, wastewater or other liquids, and
which is removable by laboratory filtering.
"Toxic pollutant" means any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the EPA under the provision of Section 307(a) of the Act (33
U.S.C. 1317) or other acts.
"Upset" means an incident in which one or more pollutants cause the removal
efficiency for a treatment process at the POTW to be dramatically reduced.
"User" means any person who discharges, causes or pen-nits the discharge of
wastewater into the POTW, including, but not limited to, industrial users.
"Waste" means all waste substances, liquid, solid, gaseous or radioactive,
associated with human habitation, or of human or animal origin, or from any producing,
manufacturing, personal service industry, or processing operation of whatever nature.
"Wastewater" means the liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities, and institutions, whether treated
or untreated, which is contributed into or permitted to enter the POTW.
"Wastewater discharge permit" or "permit" mcans an SIIJ permit, a moderate
industrial user permit or other permit issued to a user pursuant to this chapter,
"Water quality control plant" means that portion of the PO*IV which is designed to
provide treatment of wastewater,
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"Waters of the state" or. "watercourse" means all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems .and all other bodies or accurnulations of water, surface or underground, natural or
artificial, public or private, which are contained within, flow through, or border upon the
state or any portion thereof.
14.08.210 General discharge regulations-Fats, Oils and Grease.
(c) Fats, Oils and Grease.
(1) It is unlawful for any person to dispose of any grease, or cause any grease to be
disposed, by discharge into any drainage piping, by discharge into any public or private
sanitary sewer, by discharge into any storm drainage system, or by discharge to any land,
street, public way, river, stream or other water-way.
(2) The owner of every newly constructed, remodeled, or converted commercial or
industrial facility with one or more grease generating activities, including food service
facilities with new or replacement kitchens, for which a building pen-tilt application is
submitted on or after January 1, 2010, shall install or cause to be installed a grease
interceptor for each grease generating activity, of a size equal to or greater than the
minimum size meeting the definition of "grease interceptor," as defined in the currently
adopted edition of the Uniform Plumbing Code. In no case shall any grease interceptor
flow less than twenty gallons per minute (gpm). The installation of new garbage disposals
in any commercial or industrial facility is prohibited.
(3) The owner of every commercial or industrial generator of grease, including
food service facilities, serviced by a sewer collection line found to have a grease blockage,
a history of grease blockage, or accelerated line maintenance resulting from grease
disposal, shall install or cause to be installed a grease removal device upon notification by
the superintendent. If heavy solids accumulate causing a sewer blockage or accelerated line
maintenance, the commercial or industrial generator shall remove any garbage disposal
upon notification by the superintendent.
(4) All grease removal devices shall be installed on the premises where grease is
used or generated and shall be sized in conformance with the then currently adopted edition
of the 'Uniform Plumbing Code. The contents of all grease removal devices shall be
removed periodically as necessary to prevent violations of this chapter. At a minimum, the
contents shall be removed every six months. All grease removal devices shall be kept in
good repair, and shall be maintained in continuous operation. A log of all grease removal
activities shall be maintained at the facility showing the date of removal, the amount
removed and the disposition of the removed contents. The log shall be retained for a period
of three years, and shall be available for inspection by city inspectors upon request.
(5) Grease emulsifiers or enzymes are prohibited for use in grease interceptors or
traps. Qrems�L ive in any D,h I --state
(solid, viscous, I' Lq or combination thetpp o aid in the eradication b ak
Ad
W _as re
decommaitLion iiatiogn tber_ n—onmechanical meal-is of
decay. removal or transfon ==,=by
=An
�y
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are_prohibited for use in interceptors,
device Qval removal reAuctioii elimination, ejection, ZRu siQn,,-- r discharge Mechanical cleaningda—th(L oi3jy-al lowed means of grease removpj,_,c��on and or
reduction., roval
from the
.
install 14.08.570 Dental amalgam separators.
La
J— wal Am I�e)arawr
U Dental facilities that dischar c t sewer shall
Later dition TSO 11143 certi figid am I ;i e arator dcviec for each dental vacuum SUCItion
se
s or before Jujya1,-2-0U==Ajl de—n—tal facilities that are nqWly,constructed on and
after the March 1, 2013 shall install an ISO 11143 certified airialvam seDarator device, to
the—dental yag���tem before the facility can_pp��r conduct business. The installed
de,yice must be ISO 11143 certified-as-capable of removing a minim-am of 95 percent-Qf
al,ggm-s tem shall be certified at flow rates comparable tQ_the
flow rate of the actual vacuum suction system operation. Neither the aratxr device nor
garator that exceeds the
mac jqqLca faeLlitles that reguire an
the related plumbing shall include an automatic-flow bypass. For non-certified seDarator will be aCCeDtqd,=Xovided th-at"'-smaller units from .. the same
manufacturer and of the same tecbnolo v are ISO-certified—A.Itemattye materials and
certified amalgam separator to the Superintendent is noLp�p 0 install or use said
acity of ISO 11143 test methodologL,a
Orthodontics; provided that removal or placement of amalgam filling&Sj�i���no more than.
2 days per r 1)
equipment
separators
(2) n accordance with the
instructions of the recycler or hauler of such materials.
recommendations. InstallatiOD certifiba-itga, and maintenance records shall be available for
normal business hours.
(4) Only pre-capsulated dental anialgan-i is permitted.
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(5) All dental facilities shall use current an P
-d oper BMPs while handling
C and other
chlorine-containing disinfectants shall not be used to
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disinfe.o.-the vacuum lines ygern.,
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen, (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 9'1' day of January, 2013.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 23 d day of January, 2013 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Mark Addie2o, Richard Garbarino, and Pradeep Gujota,
Mayor Pro Tem Matsumoto and Mayor Pedro Gonzalez
Pedro Gonzalez, May
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