2012-102 stormwater_urban runoff management ORDINANCE NO. 2012-102
ESTABLISHING STORMWATER/URBAN RUNOFF MANAGEMENT
AND DISCHARGE CONTROLS
The City Council of the City of Menifee Ordains as Follows:
ARTICLE I
TITLE, PURPOSE AND GENERAL PROVISIONS
Section 1. Purpose and Intent. The purpose of this ordinance is to ensure the
future health, safety, and general welfare of City residents by:
A. Reducing pollutants in stormwater discharges to the maximum extent
practicable;
B. Regulating illicit connections and discharges to the storm drain system; and
C. Regulating non-stormwater discharges to the storm drain system.
D. The intent of this ordinance is to protect and enhance the water quality of County/City
watercourses, water bodies, ground water, and wetlands in a manner pursuant to and
consistent with applicable requirements contained in the Santa Ana Region Order No. R8-2010-
0033, NPDES No. CAS 618033 regulated by the State of California, California Regional Water
Quality Control Board, parented by the Federal Clean Water Act (Title 33 U.S.C. §§ 1251 et
seq.), Porter-Cologne Water Quality Control Act (California Water Code §§ 13000 et seq.), any
applicable state or federal regulations promulgated thereto, and any related administrative
orders or permits issued in connection therewith.
E. The City of Menifee is located within both the Sand Diego and Santa Ana Water
Boards with approximately 95% of the City located within the jurisdiction of the Santa Ana Water
Board and approximately 5% of the City within the jurisdiction of the San Diego Water Control
Board. By mutual consent, (per Water Code section 13228) the Santa Ana Water Board and the
San Diego Water Board pursuant to written agreements dated September 28, 2010, authorized
the City of Menifee to be wholly regulated by the Santa Ana Water Board.
Section 2. Section 15.01.010 of Chapter 15.01 of Title 15 of the Menifee Municipal Code
is here by amended in its entirely to read as follows:
15.01.010 Definitions.
The terms as used in this ordinance shall have the following meanings:
"Best Management Practice (BMPs)" shall mean any activities, prohibitions,
practices, procedures, programs, or other measures designed to prevent or reduce the
discharge of pollutants directly or indirectly into waters of the United States. BMPs shall
include, but are not limited to, those measures specified in the California Stormwater
Best Management Practice Handbooks for Municipal, Industrial/Commercial and
Construction Activity and those measures identified by the Director of Public Works.
City of Menifee Ordinance No.2012-102
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"City" shall mean the City of Menifee.
"Commercial and Industrial Facilities" shall mean and refer to a facility or
facilities that consist of any of the following:
Auto-Related — mechanical repair, maintenance, fueling or cleaning of
automobiles, airplanes, boats and equipment, body repair or painting of automobiles
and other vehicles, retail or wholesale fueling, automobile parking lots and storage
facilities.
Mobile-Related activities - mobile automobile or other motor vehicle
washing; pest control services; mobile carpet, drape or furniture cleaning; concrete
mixing or cutting; masonry; painting and coating; landscaping; pool and fountain
cleaning; and Port-a-Potty or other portable toilet servicing.
Others—cemeteries, nurseries, greenhouses, golf courses, parks,
other recreational areas/facilities, eating and drinking establishments.
Industrial — industrial facilities as defined within the Federal Clean
Water Act, operating and closed municipal landfills, facilities subject to SARA Title III,
hazardous waste treatment, disposal, storage and recovery facilities.
"Illicit Discharge" shall mean any discharge to the storm drain system that is
not composed entirely of stormwater runoff except discharges made pursuant to a
National Pollutant Discharge Elimination System (NPDES) permit or as otherwise
authorized by the Santa Ana Regional Water Quality Control Board.
"Illicit Connection" shall mean any physical connection to a storm drain system
which has not been permitted by Riverside County, the Riverside County Flood Control
and Water Conservation District, City of Menifee or other appropriate public agency.
"National Pollutant Discharge Elimination System (NPDES) Permit" shall mean
a stormwater discharge permit issued by the Santa Ana Regional Water Quality Control
Board or the State Water Resources Control Board in compliance with the Clean Water
Act.
"Municipal NPDES Permit' shall mean an area-wide NPDES permit issued to
a government agency or agencies for the discharge of stormwater from a stormwater
system. Such a permit is commonly referred to as a WS4 Permit' (referring to "municipal
separate storm sewer system").
"Non-Stormwater Discharge" shall mean any discharge to the storm drain
system that is not entirely composed of stormwater.
"Person" shall mean any natural person, firm, association, club, organization,
corporation, partnership, business trust, company or other entity which is recognized by
law as the subject of rights or duties.
'Pollutant' shall mean anything which causes the deterioration of water quality
such that it impairs subsequent and/;or competing uses of the water. Pollutants may
include but are not limited to paints, oil and other automotive fluids, soil, sand, dirt,
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rubbish, trash, garbage, debris, refuse, waste, fecal coliform, fecal streptococcus,
enterococcus, other biological materials, radiological materials, suspended solids, heavy
metals, hazardous waste, chemicals, fresh concrete, yard waste from commercial
landscaping operations, animal waste, materials that result from the process of
constructing a building or structure, nauseous or offensive matter of any kind.
"Premises" shall mean any building, lot, parcel of land, land or portion of land
whether improved or unimproved.
"Storm Drain System" shall mean any facility within the City of Menifee by which
stormwater may be conveyed to waters of the United States. Storm drain system
includes but is not limited to any roads with drainage systems, streets, curbs, gutters,
catch basins, natural and artificial channels, ditches, aqueducts, storm drains, inlets,
conduit or other drainage structure.
"Stormwater Runoff' shall mean surface runoff and drainage associated with rain
storm events and snow melt.
"Suspended Solids" shall mean solid materials or particles that either float on the
surface of, or are in suspension in, stormwater, wastewater or other liquid.
"Regional Board" shall mean The San Diego Regional Water Quality Control
Board and Santa Ana Regional Water Quality Control Board.
"State Board" shall mean The State Water Resources Control Board.
Section 3. Sections 15.01.011 and 15.010.012 are added to Chapter 15.01 of Title 15 of
the Menifee Municipal Code to read as follows:
15.01.011 Responsibility for Administration. This ordinance shall be administered for
the City by the Director of Public Works, or his/her designees.
15.01.012 Renulatory Consistency. This ordinance shall be construed to assure
consistency with the requirements of the Clean Water Act, Porter-Cologne Water Quality
Control Act and acts amendatory thereof or supplementary thereto, applicable
implementing regulations, and any existing or future municipal NPDES Permits and any
amendments or revisions thereto or reissuance thereof.
Section 4. Sections 15.01.015 is hereby added to Chapter 15.01 of Title 15 of the
Menifee Municipal Code to read as follows:
15.01.015 Reduction of Pollutants in Stormwater.
(A) It is a violation of the Chapter to throw, deposit, leave, maintain, keep, or permit
to be thrown, deposited, placed, left or maintained, any pollutant in or upon any street,
alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures,
business place, or upon any public or private plot of land in the City. The only exception
being where such pollutant is temporarily placed in an appropriate container with a spill
containment system for later collection and removal. It is a violation of this ordinance to
cause or permit any dumpster, solid waste bin, or similar container to leak such that any
pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin,
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conduit or other drainage structures, business place, or upon any public or private plot of
land in the City.
(B) Any person performing construction work in the City shall comply with the
provisions of this ordinance, and shall control stormwater runoff so as to prevent any
likelihood of adversely affecting human health or the environment. Director of Public
Works shall identify the BMP's that may be implemented to prevent such deterioration
and shall identify the manner of implementation. Documentation on the effectiveness of
BMP's implemented to reduce the discharge of pollutants to the MS4 shall be required
when requested by the Director of Public Works.
Any person performing construction work in the City shall be regulated by the State
Water Resources Control Board in a manner pursuant to and consistent with applicable
requirements contained in the General Permit No. CAS000002, State Water Resources
Control Board Order Number 2009-0009-DWQ. The City may notify the State Board of
any person performing construction work that has a non-compliant construction site per
the General Permit.
(C) New development or redevelopment projects shall control stormwater runoff so
as to prevent any deterioration of water quality that would impair subsequent or
competing uses of the water. The Director of Public Works shall identify the BMP's that
may be implemented to prevent such deterioration and shall identify the manner of
implementation. Documentation on the effectiveness of BMP's implemented to reduce
9 the discharge of pollutants to the MS4 shall be required when requested by the Director
of Public Works.
The BMPs may include, but are not limited to, the following and may, among other
things, require new developments or redevelopments to do any of the following:
(1) Increase permeable areas by leaving highly porous soil and low lying
areas undisturbed; by incorporating landscaping, green roofs and open space into the
project design; by using porous materials for or near driveways, drive aisles, parking
stalls and low volume roads and walkways; and by incorporating detention ponds and
infiltration pits into the project design.
(2) Direct runoff to permeable areas by orienting it away from impermeable
areas to swales, berms, green strip filters, gravel beds, rain gardens, pervious pavement
or other approved green infrastructure and French drains; by installing rain-gutters
oriented towards permeable areas; by modifying the grade of the property to divert flow
to permeable areas and minimize the amount of stormwater runoff leaving the property;
and by designing curbs, berms or other structures such that they do not isolate
permeable or landscaped areas.
(3) Maximize stormwater storage for reuse by using retention structures,
subsurface areas, cisterns, or other structures to store stormwater runoff for reuse or
slow release.
(4) Rain gardens may be proposed in-lieu of a water quality basin when
applicable and approved by the city engineer.
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(D) Existing development shall control stormwater runoff so as to prevent any
deterioration of water quality that would impair subsequent or competing use of the
water.
The Director of Public Works shall identify the BMP's that may be implemented to
prevent such
deterioration and shall identify the manner of implementation.
(E) Any person or entity that owns or operates a commercial and/or industrial
facility(s) shall comply with the provisions of this Chapter. All such facilities shall be
subject to a regular program of inspection as required by this ordinance, Riverside
County Ordinance Nos. 457 and 857,any NPDES permit issued by the State Water
Resource Control Board, Santa Ana Regional Water Quality Control Board, California
Water Code §§ 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33
U.S.C. §§ 1251 et seq. (Clean Water Act), any applicable state or federal regulations
promulgated thereto, and any related administrative orders or permits issued in
connection therewith.
Section 5. Sections 15.01.020, 15.010.030, 15.010.040, 15.010.050 and
15.010.060 of Chapter 15.01 of Title 15 of the Menifee Municipal Code are here by
amended in their entirety to read as follows:
15.01.020 Non-Stormwater Discharges Requirements.
The discharge of non-stormwater into the storm drain system is a violation of this
Chapter except as specified below.
(A) The discharge prohibition shall not apply to any discharge regulated under an
NDPES Permit or Waiver issued to the discharger and administered by the State of
' California under the authority of the EPA, provided that the discharger is in full
compliance with all requirements of the permit or waiver and other applicable laws or
i regulations.
(B) Discharges from the following activities will not be considered a violation of this
ordinance when properly managed:
(1) Discharges composed entirely of storm water;
(2) Air conditioning condensate;
(3) Irrigation water from agricultural sources
(4) Discharges covered by a NPDES Permit, WDRs, or waivers issued by the
Regional Board or State Board.
(5) Discharges from landscape irrigation, lawn/garden watering and other
irrigation waters. These shall be minimized through public education and water
conservation efforts, as prescribed under this Order Section XI.E. Residential Program.
(6) Passive foundation drains;
(7) Passive footing drains;
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City of Menifee Ordinance No. 2012-102
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(8) Water from crawl space pumps;
(9) Non-commercial vehicle washing,(e.g. residential car washing (excluding
engine
degreasing) and car washing fundraisers by non-profit organization);
(10) Dechlorinated swimming pool discharges (cleaning wastewater and filter
backwash shall not be discharged into the MS4 or to Waters of the US)
(11) Diverted stream flows;
(12) Rising ground waters and natural springs;
(13) Uncontaminated ground water infiltration as defined in 40 CFR 35.2005
(20) and
uncontaminated pumped groundwater (as defined in Appendix 4, glossary),
(14) Flows from riparian habitats and wetlands;
(15) Emergency fire fighting flows (i.e., flows necessary for the protection of
life and
property do not require BMPs and need not be prohibited. However, appropriate
BMPs to reduce the discharge of Pollutants to the MEP must be implemented when they
do not interfere with health and safety issues [see also Appendix K of the DAMP]).
(16) Waters not otherwise containing Wastes as defined in California Water
Code
Section 13050 (d), and
(17) Other types of discharges identified and recommended by the Permittees
and
approved by the Regional Board.
15.01.030 Illicit Connections/Discharges.
It is a violation of this Chapter to establish, use, maintain, or continue illicit connections
to the storm drain system, or to commence or continue any illicit discharges to the storm
drain system. This prohibition against illicit connections and discharges is expressly
retroactive and applies to connections and discharges made in the past, regardless of
whether permissible under the law or practices applicable or prevailing at the time of the
connection or discharge.
15.01.040 Prohibited Discharges
(A) Any discharge that would result in or contribute to
a violation of an existing or future Municipal NPDES Permit(s) or any amendment or
revision thereto or reissuance thereof, either separately considered or when combined
with other discharges, is a violation of this ordinance and is prohibited. Liability for any
such discharge shall be the responsibility of the person(s) causing or responsible for the
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discharge, and such persons shall defend, indemnify and hold harmless the City in any
administrative or judicial enforcement action relating to such discharge.
(B) Any
industrial discharger, discharger associated with construction activity, or other discharger
subject to any NPDES permit issued by the United States Environmental Protection
Agency, the State Water Resources Control Board, the Santa Ana Regional Water
Quality Control Board shall comply with all requirements of such permit. Such
dischargers shall specifically comply with the following permits: the Industrial Stormwater
General Permit, the Construction Activity Stormwater General Permit, and the
Dewatering General Permit. Proof of compliance with said NPDES General Permits may
be required in a form acceptable to the Director prior to issuance of any City grading,
building, or occupancy permits.
15.01.050 Inspections
(A) An inspector, code enforcement officer or peace officer employed by the City may
enter free of charge, at any time, any premises, grounds, facilities or structures for which
compliance is required by this ordinance and inspect the premises, grounds, facilities
and structures located therein for compliance with water quality requirements imposed
by this ordinance, California Water Code §§ 13000 et seq. (Porter-Cologne Water
Quality Control Act), Title 33 U.S.C. §§ 1251 et seq. (Clean Water Act) and any
applicable state or federal regulations promulgated thereto, and any related
administrative orders or permits issued in connection therewith, and gather evidence
(pictures, videos, samples documents, etc).
(B) An inspector, code enforcement officer or peace officer employed by the City may
enter free of charge, at any time, any place of business for which a business license is
required by this ordinance and inspect the premises, grounds, facilities and structures
located therein for compliance with water quality requirements imposed by California
Water Code §§ 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33
U.S.C. §§ 1251 et seq. (Clean Water Act) and any applicable state or federal regulations
promulgated thereto, and any related administrative orders or permits issued in
connection therewith, and gather evidence (pictures, videos, samples documents, etc).
Failure to maintain the business premises, grounds, facilities and structures located
therein in compliance with water quality requirements is a violation of this ordinance. The
City may initiate enforcement actions against business license holders whose business
premises are found upon inspection to be in violation of water quality requirements. The
business license holder shall be liable to the County for an additional license inspection
and enforcement fee based on the hourly rates provided in this ordinance.
(C) The city council may establish a fee by resolution to recover the cost of inspection,
sampling, metering and monitoring by the Director of Public Works.
15.01.060 Enforcement.
(A) Any person in violation of this Chapter is subject to the procedures and penalties
set forth below. In addition, to the extent that the City makes any provision of this
Chapter or identified BMP a condition of approval to the issuance of a permit, any
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person in violation of such condition is subject to the permit revocation and/or
suspension procedures set forth in the provisions governing permit issuance.
The following procedures shall govern the imposition, enforcement, collection and
administrative review of administrative citations and penalties. There remedies shall are
non-exclusive and are in addition to any other enforcement powers available under this
Code or applicable law.
(B) Administrative Violations. In addition to the general enforcement powers and
procedures of this Code, an enforcement official may utilize the following administrative
remedies as may be desirable to enforce this Chapter:
(1) Cease and Desist Orders. When the enforcement official finds that a
discharge has taken place or is likely to take place in violation of this chapter or any
NPDES Permit, the enforcement official may issue an Order to Cease and Desist such
discharge, practice, or operation likely to cause such discharge and direct that those
persons not complying shall1. Comply with the applicable provisions and policies of this
chapter or any NPDES Permit; 2. Comply with a time schedule for compliance 3. Take
appropriate remedial or preventive action to prevent the violation from recurring.
(2) Notice to Clean, Test and/or Abate. Whenever the enforcement official finds
any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any
other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of
land, or upon any parcel of land or grounds, which may result in an increase in pollutants
entering the City's Stormwater Conveyance System or a non-stormwater discharge into
the City's Stormwater Conveyance System, the enforcement official may issue orders
and give written notice to remove same in any reasonable manner. The recipient of such
notice shall undertake the activities as described in the notice.
(3) Stop Work Orders. Whenever any work is being done contrary to the
provisions of this chapter, the enforcement official may order the work stopped by giving
written notice to any person engaged in performing or causing such work to be done,
and any such person shall immediately stop such work until authorized by the
enforcement official to proceed with the work.
(4) Permit or License Suspension, Denial or Revocation. Violations of this
chapter may be grounds for permit or license suspension or revocation.
(5) Injunction/Abatement of Public Nuisance. Whenever a discharge into the
Stormwater Conveyance System occurs in violation of the provisions of this chapter or
otherwise threatens to cause a condition of contamination, pollution, or nuisance, the
enforcement official may also cause the City to seek a petition to the Superior Court for
the issuance of a preliminary or permanent injunction, or both, or an action to abate a
public nuisance, as may be appropriate to restraining the continuance of the discharge.
(C) Civil Violations. Any person who violates any of the provisions of this chapter or who
fails to implement a stormwater monitoring plan, violates any cease and desist order or
notice to clean and abate, or fails to adopt or implement a SWPPP or WQMP as directed
by the enforcement official, may be liable for a civil penalty not to exceed two thousand
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five hundred ($2,500) dollars for each day that such a violation exists. Moreover, the
violator may be charged for the full costs of any investigation, inspection, or monitoring
survey which led to the detection of any such violation, for abatement costs, and for the
reasonable costs of preparing and bringing legal action under this Subsection. The
violator may also be liable for compensatory damages for impairment, loss or destruction
to water quality, wildlife, fish and aquatic life.
The enforcement official may take all appropriate legal steps to collect these obligations,
including referral to the city attorney for commencement of a civil action to recover said
funds. If collected as a lien, the enforcement official shall cause a notice of lien to be
filed with the county recorder, inform the county auditor and county recorder of the
amount of the obligation, a description of the real property upon which the lien is to be
recovered, and the name of the agency to which the obligation is to be paid. Upon
payment in full, the enforcement official shall file a release of lien with the county
recorder.
(D) Enforcement; Penalties, Remedies.
(1) Any violation of this Chapter is a misdemeanor and shall be punishsable as
set forth in Section 1.01.125 of this Code..
(2) As a part of any sentence or other penalty imposed or the award of any
damage, the Court may also order that restitution be paid to the City or any injured
[ person by any person violating this Chapter, or, in the case of a violator who is a minor,
by the minor's parent or lawfully designated guardian or custodian. Restitution may
include the amount of any reward.
(3) Any person violating the provisions of this Chapter shall reimburse the City of
any and all costs incurred in responding to, investigation, assessing, monitoring, treating,
removing, or remediating any Pollutant to the Storm Drain System; rectifying any illegal
connection; or remediating any violation of the Chapter. Such costs to be paid to the city
include all inspections, administrative expenses and all legal expenses, including costs
and attorney's fee. The costs to be recovered shall be recoverable from any and all
Persons creating, causing or committing or maintaining the violation of the Chapter, or
participating, in the same.
(4) In the event any violation of this Chapter constitutes an imminent danger to
public health, safety, or the environment, the City Manager orPublic Works Director,
Building Official, or any authorized agent thereof, may enter upon the premises from
which the violation emanates, abate the violation and danger created to the public safety
or the environment, and restore any premises affected by the alleged violation, without
notice to or consent from the owner or occupant of the premises. An imminent danger
shall include but is not limited to exigent circumstances created by the discharge of
pollutants, where such discharge presents significant and immediate threat to the public
health or safety, or the environment.
(5) Violations of this Chapter may further be deemed to be a public nuisance
which may be abated by administrative or civil or criminal action in accordance with the
terms and provisions of this Code and State law. reimburse the City for any and all costs
incurred in responding to, investigating, assessing, monitoring, treating, removing, or
remediating any pollutant to the storm drain system; rectifying any illegal connection; or
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remediating any violation of this Chapter. Such costs to be paid to the City include all
administrative expenses and all legal expenses, including costs and attorneys' fees. The
costs to be recovered in this Section 15.01.050 shall be
(6) All costs and fees incurred by the City as a result of any violation of this
Chapter which constitute a nuisance, including all administrative fees and expenses and
legal fees and expenses, shall become a lien against the subject premises from which
the nuisance emanated and a personal obligation against the owner, in accordance with
Government Code Sections 38773.1 and 38773.5. The owner of record of the premises
subject to any lien shall receive notice of the lien prior to recording, as required by
Government Code Section 38773.1. The City Attorney is authorized to collect nuisance
abatement costs or enforce a nuisance lien in an action brought for money judgment, or
by delivery to the County Assessor of a special assessment against the premises in
accordance with the conditions and requirements of Government Code Section 38773.5.
(7) Any person acting in violation of this Chapter may also be acting in violation
of the Clean Water Act or the California Porter-Cologne Act (California Water Code
Sections 13000 et seq.) and the regulations thereunder, and other laws and regulations,
and may be subject to damages, fines and penalties, including civil liability under such
other laws. The City Attorney is authorized to file a citizen's suit pursuant to the Clean
Water Act, seeking penalties, damages and orders compelling compliance and
appropriate relief.
(8) The City Attorney is authorized to file in a court of competent jurisdiction a
civil action seeking an injunction against any violation or threatened or continuing
violation of this Chapter. Any temporary, preliminary or permanent injunction issued
pursuant hereto may include an order for reimbursement to the City for all costs incurred
in enforcing this Chapter, including costs of inspection, investigation, monitoring,
treatment, abatement, removal or remediation undertaken by or at the expense of the
City, and may include all legal expenses and fees and any and all costs incurred relating
to the restoration or remediation of the environment.
(9) The City may utilize any and all other remedies as otherwise provided by law.
Section 5. If any provision, clause, sentence, or paragraph of this ordinance or the
application thereof to any person, establishment, or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or application of this ordinance which can be given
effect without the invalid provision or application, and to this end, the provisions of this
ordinance are hereby declared to be severable.
Section 6. This ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 19`h day of June, 2012
V
J)KI16 V. Denver, Mayor
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ATTEST: APPROVED AS TO FORM:
Kathy Bennett, City Clerk Jo Fletcher, ity Attorney
E
11
John V.Denver
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
Thomas Fuhrman CITY OF MENIFEE )
Mayor Pro Tem
Wallace W.Edgerton I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Ordinance No. 2012-102 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 1g1 day of June, 2012 by the
i DarcyKuenzi following vote:
Councilmember
Sue Kristjansson Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi,
Councilmember Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.c1tyofrnen1fee.us