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Ord 659 ORDINANCE NO. 659 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 8.68 OF THE POWAY MUNICIPAL CODE CONCERNING SOLID WASTE MANAGEMENT WHEREAS, Chapter 8.68 of the Poway Municipal Code, entitled Solid Waste Management, governs the procedures for the collection, storage, processing and disposal of solid waste in the City of Poway, and sets forth the terms of the City's solid waste collection franchise; and WHEREAS, the City's Storm Water Permit issued by the Regional Water Quality Control Board mandates that the City meet certain standards for cleaning up storm water pollutants; and WHEREAS, the City desires to fully fund the costs of storm water pollution prevention, and to fairly apportion those costs to persons and entities that contribute to storm water pollution; and WHEREAS, the City desires to implement a storm water pollution prevention fee based on solid waste generation and collection; and WHEREAS, it has been determined that there is a need to amend the Solid Waste Management provisions of the Municipal Code to reflect that storm water pollution prevention activities are a part of the City's solid waste management program; and WHEREAS, it has been determined that there is an additional need to amend the Solid Waste Management provisions of the Municipal Code to make other minor updates to those provisions, such as the replacement of the outdated title "Director of Public Services" with the title "Director of Public Works". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3), as it entails only a clarification of certain terms and provisions in the Solid Waste Management Ordinance, and there is no possibility that this will have a significant effect on the environment. SECTION 2: Section 8.68.010(A)(1) is amended as follows: 8.68.01 O(A)( 1). The City is responsible to protect its citizens against nuisances derived from solid waste by providing solid waste handling services including, but not limited to, source reduction, recycling, composting activities, and the collection, transfer and disposal of solid waste and litter. Ordinance No. 659 Page 2 SECTION 3: Section 8.68.010(A)(5) is amended as follows: 8.68.010(A)(5). The storage, accumulation, collection and disposal of solid waste, including, without limitation, garbage, trash, debris, litter, and other discarded materials is a matter of substantial public concern in that improper control of such matters may create a public nuisance, air pollution, fire hazard, rat and insect infestation, and other problems affecting the public health, safety and welfare. SECTION 4: Section 8.68.020 is amended by deleting the definition for "Director of Public Services", adding definitions for "Director of Public Works", "Pollutant", "Storm water" and "Storm water conveyance system", and amending the definitions of "Garbage" and "Solid waste", as follows: "Director of Public Works" means the Director of Public Works for the City of Poway or Director's designee. "Garbage" includes, but is not restricted to, all animal and vegetable refuse from kitchens and household waste that shall have been prepared for, or intended to be used as, or shall have resulted from the preparation of food; all table refuse; every accumulation of animal and vegetable refuse that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fruits or vegetables; and offal, animal excreta or the carcasses of animals, fish or fowl. "Pollutants" means and includes, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt, industrial waste, and any organic or inorganic substance defined as a pollutant under 40 C.F.R. 122.2 whose presence degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides and other biocides. A pollutant also include any contaminant which degrades the quality of the receiving waters in violation of basin plan and California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, temperature, and other narrative standards of the basin plan. 1. "Solid waste" means all putrescible and nonputrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, pollutants, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge, grit and screenings which are not hazardous, residue or nonprocessable waste from solid waste disposal facilities including material recovery, composting and transformation facilities, sod, concrete and similar materials. Ordinance No. 659 Page 3 "Storm water" means surface runoff and drainage associated with storm events and snow melt that flows across a surface to the storm water conveyance system or receiving waters. For the purposes of this chapter, storm water runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff have not been significantly altered, either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this chapter. "Storm water conveyance system" means private, natural and publicly owned facilities within the City of Poway by which storm water may be conveyed to receiving waters of the United States, including any roads with drainage systems, streets, catch basins, curbs, gutters, ditches, pipes, natural and man-made channels or storm drains. SECTION 5: Section 8.68.030(A) is amended as follows: 8.68.030(A). Mandatory Collection and Disposal of Solid Waste and Recyclable Materials. All solid waste created, produced or accumulated in or about residential premises or commercial premises in the City shall be mandatorily collected from the residential premises and commercial premises at least once per week. The San Diego County Health Department may require more frequent collections. Every residential occupant and commercial occupant shall use the services of the franchisee having the exclusive franchise for collecting solid waste, recyclables. yard waste and other compostables. The City Council may authorize the collection of solid waste to prevent its entry into the storm water conveyance system and the waters of the state through contracts for services or through the use of City forces. No residential occupant or commercial occupant shall enter into an agreement for residential solid waste collection services or commercial solid waste collection services with a person other than the exclusive franchisee, except as specified otherwise in this chapter. It is declared to be unlawful for the occupant of any of the above-described premises to fail or neglect to provide for the removal of solid waste, or the reasonable separation of recyclables, yard waste and other compostables as required herein. Each day's violation of this section shall be treated and considered as a separate and distinct offense. SECTION 6: Section 8.68.170 is amended as follows: 8.68.170. Commercial collection - Solid waste containers. Franchisee shall provide bins and debris boxes for storage of solid waste which shall be designed and constructed to be watertight and prevent the leakage of liquids. All containers with a capacity of one cubic yard or more shall meet applicable Federal regulations on solid waste bin safety. All containers shall be painted the franchisee's standard color and shall prominently display the name and telephone number of the franchisee in letters and numbers no less than two and one-half inches high. Similarly, the words "Serving the City of Poway" shall be displayed beneath the franchisee's name. Franchisee shall not place the City's logo on its containers. To attain certain economies, some customers may request specialized services such as compactors, Ordinance No. 659 Page 4 roll-off, or custom-built containers, etc. The sale, lease, rental of such equipment, or their provision by the customer, may be negotiated by the latter a'nd the franchisee. Information relating to any such agreements shall be forwarded to the Director of Public Works. SECTION 7: Section 8.68.170(A) is amended as follows: A. Cleaning, Painting, Maintenance. Once every 12 months franchisee shall replace, clean or repaint all commercial containers as needed so as to present a clean appearance. In addition, franchisee shall do the same upon 48 hours' oral notice by the Director of Public Works. Franchisee shall maintain all containers in a functional condition and shall remove graffiti immediately. SECTION 8: Section 8.68.185 is amended as follows: 8.68.185 Collection, transportation and disposal of solid waste. Franchisee shall be obligated to provide the lawful collection, transportation and disposal of solid waste from within the City to a permitted disposal site, consistent with the policies, goals, procedures and requirements of the Regional Solid Waste Authority JPA (the "Authority"), of which City is a member, and which controls the flow of all solid waste in the City. Solid waste collected to prevent its entry into the storm water conveyance system shall be disposed of in a manner consistent with applicable laws, permits and regulations. However, City reserves the right, upon a determination that the public interest requires a collection, transportation or disposal program different from what franchisee has established, to direct franchisee to change its collection, transportation or disposal program, including but not limited to the location of the disposal site. City shall select the most cost-effective facility, including tipping fees, operating and hauling costs, consistent with fulfilling all of franchisee's other obligations under the franchise agreement. SECTION 9: Section 8.68.195 is amended as follows: 8.68.195 Processing of solid waste. Subject to the requirements of PMC 8.68.185, franchisee, prior to disposal, may direct any or all portions of the waste collected under the franchise agreement to a landfill, material recovery, composting, transformation or any other permitted solid waste processing facility, for processing of any materials contained therein. The City reserves the right to designate such a facility or may disapprove franchisee's choice. Franchisee shall identify loads suitable for processing at material recovery, composting, transformation or any other solid waste processing facilities, and modify routes or storage and collection procedures, as directed by the Director of Public Works, to increase the quality or recoverability of materials generated by customers. SECTION 10: Section 8.68.220 is amended as follows: Ordinance No. 659 Page 5 8.68.220. AB 939 reporting requirements. To assist the City in its planning to meet the requirements of AB 939 as it presently exists and as it may be amended from time to time, franchisee shall submit to the Director of Public Works monthly reports on the amount of disposal and diversion tonnages - separated into product components - and totaled among the sources of generation; and an annual Waste Disposal and Diversion report based upon daily records to be submitted by the 31 st of January (and at other times as may be requested). These reports and other documents containing information that is required for AB 939 documentation submittals to the California Integrated Waste Management Board (CIWMB) shall be periodically reviewed for thoroughness and usefulness. All reports shall be adequate to meet the City's reporting requirements to the CIWMB, and to the County of San Diego (or other local jurisdiction) throughout the term of the franchise agreement. SECTION 11: Section 8.68.300(B) is amended as follows: B. Specifications. All vehicles used by franchisee in providing solid waste, recyclables, yard waste and other compostables collection services shall be registered with the California Department of Motor Vehicles and shall meet or exceed all legal standards. Franchisee shall maintain all of its collection vehicles in compliance with the provisions of the California Vehicle Code. Routine inspections by the California Highway Patrol shall be required annually on all vehicles, and certificates for said inspection shall be filed with the Director of Public Works. SECTION 12: Section 8.68.300(D) is amended as follows: D. Cleaning and Maintenance. Franchisee shall maintain all of its properties, facilities, and equipment used in providing servjce under the franchise agreement in a safe, neat, clean and operable condition at all times. All trucks, trailers, and other conveyances or equipment, including bins, used to collect, haul, and transport solid waste, recyclables, yard waste and other compostables shall at all times be kept clean, in good repair, and well and uniformly painted, to the satisfaction of the Director of Public Works. SECTION 13: Section 8.68.305(F) is amended as follows: F. Employees' Appearance and Conduct. All employees, while engaged in the collection or gathering of solid waste, recyclables, yard waste, and other compostables within the City, shall be attired in suitable and acceptable uniforms which are subject to approval by the Director of Public Works. Franchisee shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Franchisee shall regularly train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct collection crews to be perform the work as quietly as possible. If any employee is found not to be courteous or Ordinance No. 659 Page 6 not to be performing services in the manner required by this chapter, franchisee shall take all appropriate corrective measures. SECTION 14: Section 8.68.310(8) is amended as follows: B. Noise. All solid waste, recyclables, yard waste, and other compostables collection operations shall be conducted as quietly as possible and shall conform to applicable Federal, State, County and City noise level regulations. The City may conduct random checks of noise emission levels to ensure such compliance. Franchisee will promptly resolve any complaints of noise to the satisfaction of the Director of Public Works. SECTION 15: Section 8.68.31 O(C) is amended as follows: C. Record of Noncollection. When any solid waste, recyclable, yard waste or other compostable material deposited for collection is not collected by the franchisee because it fails to meet the requirements of the Poway Municipal Code or the franchise agreement, franchisee shall leave a bilingual Spanish/English red tag (provided at franchisee's cost) at least three inches by six inches in size, on which franchisee shall indicate the reasons for refusal to collect the solid waste, recyclables, yard waste, or other compostables, giving reference to the section of the Municipal Code or to the section of the franchise agreement which has been violated, and which gives grounds for franchisee's refusal as well as the franchisee's address, phone number and business hours. This information shall either be in writing or by means of a checklist system. Contractor shall tag those containers where recyclables are not routinely separated and notify the City who will take further action. In addition thereto, franchisee shall maintain, at the franchisee's place of business, a log book listing all complaints and taggings. Said log book shall contain the names and addresses of parties involved, date of such complaint or tagging, nature of same and date and manner of disposition of each case. Such log shall be kept so that it may conveniently be inspected by the Director of Public Works upon request. Such log shall be retained for at least two years after the last entry. The Director of Public Works may request this log at any time. SECTION 16: Section 8.68.315(A)(2) is amended as follows: 2. Office Hours. Franchisee's office shall be open to the public from 8:00 a.m. to 5:00 p.m. Monday through Friday. The office may be closed on Saturdays and Sundays and those holidays recognized by the franchisee. The franchisee shall notify the Director of Public Works of the holidays recognized by the franchisee. SECTION 17: Section 8.68.315(A)(4) is amended as follows: 4. Telephone. Franchisee shall maintain a toll-free telephone system in operation at its office at all times. Franchisee shall install telephone equipment, and have Ordinance No. 659 Page 7 available service representatives sufficient to handle the volume of calls typically experienced on the busiest days. Telephone service shall be provided from 8:00 a.m. to 5:00 p.m. Franchisee shall also maintain an after-hours telephone number for use during other than normal business hours. Franchisee shall have a representative or voice mail available at said after-hours toll-free telephone number during all hours other than normal office hours. If customers are unable with reasonable effort to reach franchisee's office by phone, or are subject to waiting time "on hold" of more than two minutes prior to reaching a customer service representative, the Director of Public Works may require that franchisee install additional telephone lines or hire additional customer service representatives. The Director of Public Works and Director of Safety Services shall be provided with an emergency phone number. SECTION 18: Section 8.68.315(A)(5) is amended as follows: 5. Consumer Information. The City Manager may direct franchisee to prepare bilingual information cards containing information about the amounts of solid waste which will be collected, times for special collection events, curbside recycling and household hazardous waste drop-off programs, collection schedules, rates and complaint procedures. Franchisee shall distribute such information cards to the occupants of all residential and commercial premises. Information cards shall be revised and distributed if there is any material change in the information and, in any event, whenever a new customer is first billed. Information cards shall also be mailed to City residents upon request and shall be provided to the Poway Chamber of Commerce in quantities required by the Poway Chamber of Commerce. Franchisee shall submit printer's proofs of the information cards to the Director of Public Works prior to distribution and will incorporate City's comments in the final version distributed to the public. SECTION 19: Section 8.68.320 is amended as follows: 8.68.320 Service complaints. Franchisee shall maintain a written log of all oral and written service complaints registered with the franchisee from customers within the City. Franchisee shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all customer complaints. Franchisee shall record in a separate log all written and oral complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, and nature and date of resolution. This complaint log shall be retained by the franchisee for at least one year after the last entry. The Director of Public Works may review the log at any reasonable time. Franchisee shall respond to all complaints from customers within two hours and correct deficiencies within 24 hours, weekends and holidays excluded. In particular, if a complaint involves a failure to collect solid waste, recyclables, yard waste, and other compostables from a premises, required by the franchise agreement, franchisee shall Ordinance No. 659 Page 8 collect the solid waste, recyclables, yard waste and other compostables in question within such 24-hour period, provided it has been delivered for collection in accordance with this chapter. SECTION 20: Section 8.68.325 is amended as follows: 8.68.325 Review of performance and quality of service and industry changes. At the City Council's sole option, with 60 days written notification to the franchisee, it may conduct a public hearing at which the franchisee shall be present and shall participate, to review the franchisee's performance and quality of service and to provide for technological and regulatory changes. The reports required by this chapter and the franchise agreement regarding customer complaints shall be utilized as one basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Such hearings may be scheduled by the City Council at its discretion throughout the term of the franchise, but not more often than annually. Within 30 days after the conclusion of the public hearing, the City Council shall issue a report with respect to the matters raised at the hearings. If any noncompliance with the franchise is found, the Director of Public Works may direct the franchisee to correct the inadequacies in accordance with the terms of this chapter and the franchise agreement. Any change in scope of services or equipment shall be reflected in an amendment to the franchise agreement. SECTION 21: Section 8.68.330(A) is amended as follows: A. Except as specified herein, no person shall collect or transport solid waste, recyclables, yard or other compostables within the boundaries of the City unless such person has been granted a franchise therefor or a permit pursuant to PMC 8.68.510, or the waste or material is excluded pursuant to PMC 8.68.400, or an exemption has been granted pursuant to PMC 8.68.030(B). SECTION 22: Section 8.68.345(A) is amended as follows: B. Franchisee shall undertake to pay City the amount, as determined by the Director of Public Works, of its reasonable direct and indirect administrative expenses, including but not limited to consultant costs and attorney's fees, investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; Ordinance No. 659 Page 9 SECTION 23: Section 8.68.345(B) is amended as follows: B. Franchisee shall furnish Director of Public Works with audited financial statements of the proposed assignee's operations for the immediately preceding three operating years. SECTION 24: Section 8.68.345(C) is amended as follows: C. Franchisee shall furnish Director of Public Works with satisfactory proof: 1. That the proposed assignee has at least five years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by franchisee under the franchise agreement; 2. That in the last five years, the proposed assignee has not suffered any . citations or other censure from any Federal, State or local agency having jurisdiction over its waste management operations due to any significant failure to comply with State, Federal, or local waste management laws and that the assignee has provided the Director of Public Works with a complete list of such citations and censures; 3. That the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; 4. That the proposed assignee conducts its solid waste management practices in accordance with sound waste management practices in full compliance with all Federal, State and local laws regulating the collection and disposal of waste, including hazardous waste as identified in Title 22 of the California Code of Regulations; and 5. Of any other information required by the Director of Public Works to ensure the proposed assignee can fulfill the terms of the franchise agreement in a timely, safe and effective manner. Any application for a franchise transfer shall be governed by the following conditions: Any application for a franchise transfer shall be made in a manner prescribed by the Director of Public Works. The application shall include a deposit in an amount determined by the Director of Public Works sufficient to meet the costs identified above. Additional bills in excess of the amount deposited shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within 30 days of receipt. Any such amounts are over and above any franchise fee specified in the franchise agreement. SECTION 25: Section 8.68.350 is amended as follows: Ordinance No. 659 Page 10 8.68.350 Subcontracting. Franchisee shall not engage any subcontractors for collection of solid waste, recyclables, yard waste, or other compostables without the prior written consent of the Director of Public Works. Subcontracted collections shall require complete documentation of services provided including materials collected and disposal site, and shall specify that the City of Poway shall suffer no liabilities for said collections and disposals. Said liabilities shall be fully the responsibility of the generator (customer of industrial or commercial firm) and the licensed collector/disposer of the materials. All of the requirements of PMC 8.68.600 and 8.68.620 shall apply to subcontractors. SECTION 26: Section 8.68.370 is amended as follows: 8.68.370 Rates. The City Council may, 'by resolution, establish rates, including AB 939 fees, to be charged to residential occupants and to commercial occupants for the collection of solid waste, recyclables, yard waste, other compostables and State-mandated AB 939 solid waste diversion requirements. The City Council may also include under the rates and charges recovered by the franchisee those costs incurred by the City for the removal of solid waste and pollutants from storm water and other water runoff to prevent the further pollution of the waters of the state. Every commercial occupant and residential occupant shall pay the rates established from time to time by the City Council for collection services rendered pursuant to this chapter and in the manner set forth in PMC 8.68.375. Following City Council approval of a rate adjustment, the franchisee shall provide immediate written notice to customers of rate changes, which notice may be provided with, or as part of regular billing. SECTION 27: Section 8.68.375(A) is amended as follows: 8.68.375 Billing and collection of rates, fees and charges. A. The billing and collection of the rates, fees and charges authorized by the City Council for residential and commercial solid waste, recyclables, yard waste and other compostables collection services, and costs incurred by the City for the removal of solid waste from storm water, shall be the responsibility of the franchisee. The franchisee shall neither charge nor collect any sum or sums in excess of, or in addition to, the amounts specified by resolution or in the franchise agreement for any solid waste, recyclables, yard waste and other compostables collection services. The City shall be under no obligation to collect or enforce collection of any sums due to the franchisee for services rendered under the franchise agreement except as may be specifically provided in the franchise agreement or in this chapter, and franchisee shall release the City from any and all liability for the payment of any sum or sums which may become due to the franchisee for the collection or removal of solid waste, recyclables, yard waste, or other compostables under the terms of the franchise agreement. SECTION 28: Section 8.68.380 is amended as follows: Ordinance No. 659 Page 11 8.68.380 Failure or refusal to pay. Should a residential customer or commercial custorner fail or refuse to pay the rates, fees and charges established in accordance with the provisions of the franchise agreement and this chapter, then the franchisee shall, after 45 days delinquency, notify the customer of its intent to terminate service for reason of nonpayment. A copy of the notification shall be provided to the Director of Public Works. Should payment remain delinquent after 60 days, a second notification, with copy to the Director of Public Works, shall be issued to the customer specifying the exact date that service will be discontinued. Services terminated due to nonpayment of collection fees may be reinstated with the payment of the delinquent amount(s) plus a reinstatement charge as specified in the franchise agreement. Customers may, on an individual basis, request annual or monthly payment schedules, and the franchisee shall work in good faith with individual customs to reasonably satisfy such requests. If the City Council determines and declares that the noncollection of solid waste, recyclables, yard waste and other compostables from a residential premises or a commercial premises may be a threat to the public health, safety and welfare, and which condition is declared to be, if permitted to exist, a public nuisance, the City Manager shall direct the franchisee to make collection, and the City shall utilize remedies available to obtain compliance and recover the expenses and charges of collection, including penalties. The franchisee shall continue to collect solid waste, recyclables, yard waste and other compostables when directed to do so by the City Manager even though there be nonpayment. SECTION 29: Section 8.68.400 is amended by adding as subsection (F) as follows: F. Solid waste collected to prevent its entry into the storm water conveyance system and the waters of the state, through contracts for services or through the use of City forces. SECTION 30: Section 8.68.420 is amended as follows: 8.68.420 Franchisee's inability to provide service. If, at any time during the effective period of an exclusive franchise agreement, a customer of the franchisee requests from the franchisee a collection service that is not defined in the franchise agreement as a special pickup service which the franchisee cannot render within two full working days from the date of the customer's initial request for service, the Director of Public Works reserves the right to direct such customer to seek such service from another provider who can provide such collection service pursuant to a special permit issued by the City for such collection services. SECTION 31: Section 8.68.430 is amended as follows: 8.68.430 Commercial collection - Franchisee's inability to provide specialized service. If, at any time during the effective period of an exclusive franchise agreement, Ordinance No. 659 Page 12 a commercial customer of the franchisee requests a specialized collection and recycling service that the franchisee is not equipped or licensed to provide, or for which the franchisee has not subcontracted to provide, the Director of Public Works reserves the right to allow another provider to provide such collection service pursuant to special permit issued by the City for such collection services, until such time as the franchisee is equipped and licensed to provide such service, or until such time as the franchisee has subcontracted with a suitably licensed provider to provide such service. SECTION 32: Section 8.68.510 is amended as follows: 8.68.510 Application. Application for a special permit shall be made in writing to and on the form provided by the Director of Public Works. The application shall be subject to the approval of the City Manager. The terms of a permit shall be for one year. Renewals of the permit shall be for periods of one year. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of this passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the 'City Council of the City of Poway held this 4th day of September 2007, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 2nd day of October 2007, by the following roll call vote. ATTEST: ~fhL€ ne Shea, City Clerk Ordinance No. 659 Page 13 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 659, was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of October 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE