HomeMy WebLinkAbout1980-06-17; City Council; 6277; Ordiance Amendment lifting Planning Moratorium. ._ _. . .. - '. L- . .L._ i. , . ,
. CITY OF CARLSBAD
INITIAL
AGENDA BILL RO. 6277 Dept. Hd.JC#
DATE : June 17, 1980 C ty . At t y . /s/vFB
DEPARTMENT: Planning Cty. Mgr.
0RDI"E LIFING PLANNING M3FXIORIUM IN
ENCINA SEF;IER SEENICE TEZRITORY
CASE NO.: ZCA-126
. 3UGJECT:
TTATEMENIT"0F THE MATTER
The attached ordinance would amend Title 21, Chapter 21.49, of the Carlsbad Municipal Code by adhing Section 21.49.025 to lift the Planning Moratorium and
to allow the processing of developwnt approvals Within the Encina Service
Territory and portions of Palm Airport service area as indicated on the
service area map attached to the Sewer Cannittee's report dated May 6, 1980.
Those portions of Palm Airport are indicated by cross hatches on the service
area map.
Through staff review and Planning Catmission hearing, all issues on this matter
have been satisfactorily resolved. ..
EXHIBITS
1. Ordinance No. 9556
2. Resolution No. 1642, dated 5/28/80
3. M=.n-o frm City Attorney to Planning Director and Planning Carmission,
dated 5/16/80
4. Exkibit "A" (Ordinance 9539) dated 5/16/80 5. Memo frm Sewer Conmittee dated 5/6/80
-TION
Both the Planning Conmission and planning staff reccarrnend that the City Council
introduce Ordinance No. 9556.
Council Action
6-17-80: Council introduced Ordinance 9556
7-1-80 Council adopted Ordinance 9556,
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ORDINANCE N0.9556
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21, CHAPTER 21.49, OF THE CARLSBAD
MUNICIPAL CODE, BY THE ADDITION OF
SECTION 21.49.025 TO LIFT THE MORATORIUM
AND TO ALLOW THE PROCESSING OF DEVELOP-
MENTAL APPROVALS WITHIN THE ENCINA SEWER
SERVICE TERRITORY.
The City Council of the City of Carlsbad, California, does
nereby ordain as follows:
SECTION 1: That Title 21, Chapter 21.49 of the Carlsbad
qunicipal Code is amended by the addition of Section 21.49.025
to read as follows:
"21.49.025 Exception for Encina Sewer Service Territory.
The provisions of Section 21.49.020 shall not apply to land
within the Encina Sewer Service Territory or the area designated
"Temporary Encina Sewer Service", all as shown on the map
entitled Sewer Service Areas on file with the City Clerk and incorporated by reference herein. This section shall be
effective when the City Council determines that the capacity
from the rerating of the Encina plant is available."
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 17th day of June I
1980 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 1st day of July , 1980 by the
following vote, to wit:
AYES :
NOES : None
Counci 1 Members Packard, Cas1 er, Anear, Lewi s and Kul chin
ABSENT: None
ATTEST:
( SEAL)
2.
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Y. . ,
PLANNING COMMISSION RESOLUTION NO. 1642 -
A RESOLUTION OF THE PLANNING COME4ISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER 21.49 OF THE CARLSBAD MUNICIPAL
CODE BY THE AMENDMENT OF SECTION 21.49.020 TO ALLOW THE PROCESSING OF DEVELOPMENTAL APPROVALS
SUBJECT TO CERTAIN CONDITIONS IF THE CITY COUNCIL FINDS THAT SEWER SERVICE WILL BE AVAILABLE CON- CURRENT WITH NEED. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-126
WHEREAS, the Planning Commission did, on the 28th day of May
1980, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be
heard, said Commission considered all factors relating to the Zone
Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Com-
mission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-126, according to
Exhibit "A" dated 5/16/80, attached hereto and made a part
hereof, based on the following findings:
Findings :
The proposed zone code amendment will permit the planning pro- cess to proceed in areas where it is reasonable to assume that sewer will be available concurrent with need, thereby providinc better guidance for future land use decisions.
There is evidence that sewer service will be available in the near future and therefore some processing can and should pro- ceed.
The project will not result in any significant environmental impacts since all projects proposed pursuant to this amend- ment will be required to be processed through the Carlsbad
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Environmental Protection Ordinance, where potentially signif- icant environmental impacts can be addressed on a project-by- project basis. nature.
PASSED, APPROVED AND ADOPTED at a regular meeting of the’
This amendment is entirely administrative in
?lanning Commission of the City of Carlsbad, California, held on
khe 28th day of May, 1980, by the following vote, to wit:
AYES: Schick, Larson, Friestedt, Marcus, Leeds, Rombotis, Jose NOES: None
ABSENT: None
ABSTAIN : None
LAk L
EDWIN S. S
n:.
CARLSBAD PLANNING C
4TTEST :
~~SBAD PLANPIINGYMMISSION /
ec RESO #1642
MEMORANDUM Flu COPY -
DATE : May 16, 1980
TO : Planning Director Planning Commission
FROM: City Attorney
SUBJECT: ORDINANCE AMENDMENT LIFTING PLANNING MORATORIUM
IN ENCINA SEWER SERVICE TERRITORY (ZCA-126)
On May 6, 1980 the City Council's Sewer Committee made a comprehensive report on the potential availability of sewer capacity within the City's service territories.
that report is attached. The City Council adopted the report and its recommendations as official policy.
A coqy of
As a part of their action, the City Council considered and approved a memorandum from the City Engineer, dated April 30, 1980, establishing sewer service areas for the City of Carlsbad. The Engineer's report, and the map showing the service areas, are attached. Two of the service areas--San Marcos County Water District and Leucadia County Water District have already been established by law. The Lake Calavera Hills drainage basin was created as a part of the contract between the City and Lake Calavera Hills for construction of a satellite plant
to serve that basin. The City Council's action on May 6, 1980 designated the balance of the City: that is, all those areas
that are not within the four service areas as the Encina sewer service area to be served by the Encina waste water facility.
Based on the facts setout in the May 6, 1980 Committee Report, -- the City Council directed my office to prepare an ordinance amendment lifting the planning moratorium within the newly created Encina sewer service area. The Council also directed that the matter be set for public hearing before the Planning Commission as soon as possible. The ordinance has been prepared and it is attached.
Based on the City Manager's recommendation, the City Council was satisfied that the rerating of Encina would make approximately 2,285 EDU'S of sewer capacity available to the Encina sewer service
territory in the near future. The Council was satisfied that the rerating capacity, together with the Phase I11 capacity expected bbe on line in 1983, would be adequate to meet the need in that service
territory for the foreseeable future. The City Council has asked
the Planning Commission to consider the Committee Report of May 6, 1980 and to make a recommendation on the attached ordinance.
. B ,v I
' P'ianning Director/ Planning Commission -2- May 16, 1980
In October of 1979, the City Council, by the adoption of
Ordinance No, 9539, established a procedure for lifting the planning moratorium in the Lake Calavera Hills, Palomar
Airport, San Marcos and Leucadia sewer service areas. A copy is attached. Under the ordinance, developmental approvals may be processed in the San Marcos and Leucadia sewer service territories if the responsible district submits a getter indicating that sewer service will be available. It is contemplated that the Lake Calavera Hills and Palomar sewer service territories will be served by individual satellite sewage treatment plants. Developmental approvals in those territories may be processed as soon as the City Council has approved the construction of the satellite facility and we have secured initial approval from the Regional Water Quality
Control Board. The approvals are almost complete in the Lake Calavera Hills basin. In approving the Committee Report, the City Council voted to apply the policies adopted for the Lake Calavera Hills Plant to the Palomar Airport basin plant and that process is now underway. In the meantime, the moratorium ordinance allows the processing of general plan amendments and revisions to existing master plans in the Lake Calavera Hills and Palomar sewer service territories.
The City Council indicated their intention to make a temporary exception to the designation of sewer service territories.
While the Palomar Industrial Park, the Airport and the lands around the Beckman plant are to be included in the Palomar
basin, these industrial properties, which are already partially developed, were to be sewered on a temporary basis by Encina. Since the City Council is willing to commit Encina capacity for these properties, they asked the Planning Commission to consider lifting the planning moratorium for them as well, The ordinance which we have prepared contains an exception for these properties which have been crosshatched on the City
Engineer's service territory map.
The City Council's willingness to lift the planning moratorium
for the Encina basin is premised upon the approval of rerating.
The ordinance lifting the planning moratorium provides that it
will not be effective until the City Council finds that the
rerating capacity is available.
This memorandum, and its attachments, have attempted to summarize all the matters considered by the Council. I suggest that you ask the Planning Commission to review the materials prior to the day
of the hearing on the ordinance and let us know if they have any questions or need any additional information,
VFB/mla
Attachment
I i VINCENT F. BIONDO, JR. \ ' City Attorney ii V
f' EXHIBIT "A" *t
The City Council of the City of Carlsbad, California dccs
hereby ordain as follows;. .
SECTION 1: That Ti"itle 21, Chapter 21.49, Section 21:49.020
Subsection (1) to add tho f0120~7ing:
"Such ap2lications may also be zcceptcd md procsssed
provided thc applicanC submits a- letter froin such District iiidicn king that sewer service viI.1 ?le. av:i-il&lc to serve i:hc
c?evclopment nr,d PKOV~C?C~ farther tha~ khc City Council finds
that it is reasonable to expect that sever service will be available to serve the dcvclopxcnt . concurrent with need-
The approval for any projcct processed pursuant hereto shall. be suhjcct to a conditj-on th2-t final nEtps may not be
approved nor building permits issued until the City Council
finds that sewer capacity is in fact available and valid sewer coiincction PZIiilitS haw been ~SSUC~ 'I
SECTION 2: That Title 21, Chapter 21.49, Section 21.49.020
of the Carlsbad Muni'cipal Code is amended by the ncfdition of
Subsection (13.) to read 3s foll-ows:
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the Cit; Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 16th day of Octaer 8
1979 and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 6th day of November , 1979 by the
following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman tas'ler
,. NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST :
(SEAL)
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DATE:
TO:
FROM:
SUBJECT :
May 6, 1980
city Council.
MEMORANDUM
Sewer Committee
SEWER MORATORIUM
,
The Sewer Committee reviewed the potential availability of sewer
.capacity within the City's service territories, The xerating of Encina \?.Jill make additional sewer capacity available to Carlsbad in
July. 1980 (1840 EDU'S; 2285 less 19.28, or 439, to Grove per settle- ment). The Lake Calavera Hills Waste cqater Reclszrration Plant will provide 1.2 MGD of capacity (4800 EDU'S) within the Calavera Hills
basin. The Phase.111 expansion of Encina will provide an additional
4593 EDU'S in 1983. 'The proposed Palomar Airport plant, if approved,
could provide from 1 to' 5 MGD of capacity to serve that drainage basin. The Sewer Committee' thinks that adequate capacity will exist to enable the City to substantially modify the Building Permit and
I. Planning moratoria. +..
Service Territory
The City Engineer has prepared a map showing the previously approved
service territory for the Lake Calavera Sewer plant, All property within this area will be served by the Calavera plant, The map also shows those areas to be served by the San Narcos and Leucadia districts. The Connitte recommends that an additional service territory be establish& as shown on the map for the proposed
Palomar plant. boundxies of this territory. The balance of the City (those parts of the City not ir, the Lake Calavera basin, Palomar territory or
. The City Engineer has prepared a report on the
. the territory of Szrr Xzzzos and Leucadia) would be served by Encina,
Lake Calavera Rills 1.2 MGD -- 4806 EDU'S
fie Lake Calavera Hills 3lant is under construction in accordance with an agreement bet-#-'.s,en the City and developer. It is expected
that the Lake Calavera 3ills plant will be approved by the Regional
i:'ater Pollution Control Board in May, 1980. The Planning Moratorium
Ordinance already provides (Section 21.49.020 (11) 1 that such
approval, with a City Council finding that sewer trill be available, - autzmatically lifts the Planning Morqtorium for the Lake Calavera
Hills basin.
and subdivision approvals for development in the Lake Calavera
Hills drainage basin.
At that time it will be possible to process zoning
City Council
c' -_ C
-2- ' Nay 6, 1980
When the Council is satisfied that sewer capacity is available at'
the Lake Calavera Hills plant, it will be possible to issue building permits for development in that basin. &t that time there will be no moratorium for the substantial portion of the City within the Lake Calavera Hills drainage basin. to switch 650 houses now flowing to Encina to the Lake Calavera
Hills' plant. This Will, in effect, provide an additional 650 EDU'S of capacity at Encina.
r. The City may wish .
Encina -- 2285 EDU'S
It appears the rerating of Encika will be approved and the City"s share of-the additional capacity will be ayailable shortly.
Under the terms of the court order, the City must allocate to Hosp Grove 19.2% of any sewer capacity which becomes available at Encina.
Since 2285 EDU's will rssult from rerating Encina, therefore Council must allocate' 19.2%, .or-439, of those EDU'S to Hosp Grove. The re- maining 1846 units will ba available for use within an area to be designated as the Encinz service'basin. -The Palomar and Lake
Calavera Hills plants have the potential to provide sewer capacity to most of the availzblk undeveloped land ir the City. The renain- ing area within the Ezcina service area includes Old Town Carlsbad
and the area between the Agua Hedionda and Batiquitos Lagoons', .Most of this area is within the coastal zone and cannot be developed
without a coastal zons, permit,
Staff reports that the Phase I11 expansion will be on line in 1983, The additional capacity from the expansion could then be used
(2308 EDU). The Comtittss thinks that the facts can support a
finding that sewer service will be available concurrent with necd, satisfying the re@.rmezts of the public facilities element of the general ylan and justifying a lifting of the Planning moratorium
. within the Encina szrvFce area. If the Council. concurs, an ordinance amendrexk should bs ?,-messed through the Planning Commission as soon as possible, The zxendrnent would allow landowners to file
applicszions for zoniz~g, tract maps, specific plans, and the like.
It is possible that sxsh action would lead to a rush to City Hall
to get plans okayed for development. If this does happen, the City
1,:anager indicates we nay have to hire additional staff, slowdown
processing times, or contract work out. His estimate is that we can handle the work load. We don't think there will be a rush to
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- build right now because:
-- financing is difficult to obtain.
-- most of the lands lie within the coastal zone and
can't get Coastal Commission permits.
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- City Council -3- May 6, 1980
The 1846 EDU'S available due to rerating'will be adequate*_to meet the nee& for building permits until Phase I11 is on line, but the
Committee is not prepared to totally lift the building permit moratorium. However; with one exception, the Committee recommends
allocating 1800 EDU'S on a "business as usual", first come, first
served basis. This third phase allocation system would allow building permit applications within the Encina area to be accepted
without restriction. Sewer permits will be issued when the building permit is pulled and normal City time limits of the Building Code
will apply. The City Manager will monitor the applications and if the demand exceeds the available sewer, the Council can reassess its policy at that time.
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Redevelopment Area
The exception is for projects within the proposed redevelopment project area--Old Town Carlsbad. The Committee recommends the
issuance of permits in thhe area but only if the projects are consistent with the City's plans to revitalize downtown. The third phase allocation systex wotlld provide that such projects would have to be consistent with the draft design manual.
b
The Housing and Redevelopment Committee could decide on consistency- .. ".
Leucadia and San Marcos
Substantial portions of the City are within the territoriqs of the
Leucadia and San Marcos Districts. They will benefit from rerating
and are actively pursuing satellite plants, provides for an autormtic lifting of the Planning moratorium if the Council 2nd the Districts certify that sewer will be available.
Issuance of a sewer pernit by the District eliminates the building
permit moratorium for tkt project. The moratorium is or will saon be of little or no effect in those portions of the City within the Leucadia or San Marcos ssrvice areas.
The code already
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.' Palomar 5 MGD
.. The prosos& plant 25 2slornar Airport is designed for 5 MGD in the City's Easter plen report. caF=.city by March, 19E2. The Committee's recommendation is to
fcj.10~~ the policy adopta.5 for Lake Calavera Hills and to establish a basin to be served by thne Palomar plant and. consider Koll's request in light of the needs of that basin. It is possible that other
developers within the Palomar basin will subscribe to build additional
capacity simultaneously with the Koll project. There arc a number
Koll Company has offered to build 1 MGD
- of engineering, financing, managerial 'and legal judgments that
May 6, 1980 City Council -4-
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must be made before this matter will be resolved. The plant, if built, could be adequate to meet the needs of the basin for some
time. to this plant. After City approval and initial state approvals
the planning moratorium would be automatically lifted. The code also currently allows processing of revised master plans in the
area and Council will consider an amendment to allow general plan - amendments at your next meeting. The status of the proposed Palomar plant should be resolved before specific zone changes or .
subdivision approvals Iiicve forward in that basin.
The Palomar Industrial Park, the Airport, and lands around the
Beckmansplant are proposed for inclusion in the Pclornar basin. We are recom.ending that these industrial properties be sewered on a
temporary basis by Encina if they wish to develop noti but that ultimately they be switc'nsd to Palomar. not approved or if arrancjernents cannot be made to build a plant of sufficient si'ze to meet-the City's needs for the entire basin, the
Council will need to reevaluate the sewer situation as it applies to the Encina and the Palomar basins. The third phase allocation system will need to provide a special fee for sewer permits to be . -
I issued within the industrial area. This fee will be in an -mount sufficient to cover the project's.estinated share of the proposed
Palomar plant. If the plant is not approved, the City would refund
the difference between the Encina fee and the estimated Palomar fee. If the Palomar plant is built, any excess of the fee over the actual cost would also be refunded.
These reconmendations =llow the existing industrial areas to continue to build on t3e sa~e basis as the rest of the City within
the Encins. basin ant?. aLlows the major landowners to continue to
The provisions of the code for City satellite plants apply
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If the Palomar plant is
process their mastez ~1=zs of deveioprnent while working with the City to resolve the se-ier problem for the qrea.
Conclxding Phase 11 AlLocation
The CoTnittee cGrsikze2 a number of matters involved with the - Phase rI allocation sq-s=em. The Commlttee's recomnizndations in
'Lns~ A.. regard are conta54 on a separate agenda bill. They suggest retention of allocatioF-a for several projects while enforcing the t;-m--. limits of the Phase I1 system which results in the return to
tkaz City of approximately 92 EDU'S. The Committee also suggests assigning 16 of these EDU'S to the Contingency Reserve to cover the - allocation made to Pea Soup Andersen and Sunset Pacific, There is
no need to deal with the Covington and Papayayo sewer requests,
since they will be allowed to pull permits on a first come, first
served basis, along with the rest of the Encina service territory.
The various requests €or sewer in the redevc1op:ncnt area, from the .
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city Council -5- May 6, 1980
Discretionary category and the Random Drawing category are also unnecessary to deal with in detail, If the Council adopts these ~
recommendations, a substantial amount of sewer will be available on
a first come, first served basis in the first part of July, 1980.
The allocations of the small amount of the sewer left available
under the Phase I1 system could probably not be made before the
rerating capacity is available, The Committee, therefore, recorn-
mends that the remaining units, approximately 280 EDU'S and any
excess from the rerating over 1800, be placed in a reserve to be allocated as the City Council may decide in the future, separate agenda bill the Committee does recommend that three small
*.I requests for allocations from the Community Facilities category be approved
On another
Connection Fees
Staff reported to the Cormittee that they have been restudying ths
connection fees for Encina. Preliminary results of that study
indicate that the current $1,000 per EDU fee nray not cover the
City's cost for the Phase 1x1 expansion. The Cormittee recommends
that the City Manager prepare a report analyzing the connection
Encina expansion, The Council may then deci.de to increase--the fees as necessary.
fees, sewer service charges and cash flow needs to fund the ..
Summary
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As a result of the City Council's action to authorize the Lake Calavera Hills Sewer plat, to rerate and expand Encina, and to
cooperate with our spsciai districts in construction of satellite
plants in their areas, the sewer and buFl2ir-g Tamit moratoria. The existing provisions of the Municipal Code essentially lift those moratoria if certain requireTints are rz~t fcr the Lake Calavera Hills service territory
;and those portio_n_s of tk City within the San Marcos and Leucadia ;districts. It is thz Cmaittee recornendation that:
it is now possible to substantially modify
1. h ordinance ar;l2z&.!ent be processed lifting the Planning . noratorim witfib 2he Encina Service Area.
3- third phase allDtation system be adopted to allocate 1800 EDU'S fron the Encina rerating when that rerating is approved
Projects within the redevelopment area must be consistent with
the proposed xevitalization plan. Temporary service will be
allowed to the industrial area &round the Airport within the
Palomar basin subject to the payment of a special fee.
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. on a first cone, first served, business as usual, basis.
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city ,Council -6- May 6, 1980 .'
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I I Calzvera Hills plant.
:The staff continue to work as directed by the City Council on .the Palomar plant to meet the needs of that basin within the I policy and parameters previously established for the Lake
Staff return with a report analyzing cash flow needs and
considering an increase in the sewer connection fee and
sewer user charges, -
1
If the City Council concurs with these xecommendations, you should
.direct the City Attorney to draw an ordinance liftkg the Planning moratorim within the Encina service territory and direct that it
be set-to hearing before the Planning Commission.
should also direct the City Attorney to return with the documents- '
'necessary to adopt a third phase sewer allocation system consistent
with the recommendations in this report for consideration by the
During the next 90 days the City's growth management consultant .
will be developing recornendations, If the Council is concerned
that these recommendations rnay'result in more growth than the City can readily accomc-date, itewould be approariate for the Council to consider growth nanzcjement tactics for inclusion within the
City's growth management program.
The Council
.- City Council.
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Exhibits: City Enqke~r report on sewer service area map. Ordinanc9 ?io, 9518, as amended by Ordinance
Nos. $539 ZZC! 9542-