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ORDINANCE NO. 2166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORJ'\!lA, AMENDING ARTICLE Ill,
OF THE ARCADIA MUNICIPAL CODE RELATING TO
FIRE REGULATIONS AND ADOPTING BY REFERENCE
THE 2001 EDITION OF THE CALIFORNIA FIRE CODE,
INCLUDING ALL APPENDICES BASED ON THE 2000
EDITION OF THE UNIFORM FIRE CODE ADOPTED BY
THE WESTERN FlRE CHIEF'S ASSOCIA TION
THE CITY COUNCIL OF TI-IE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION I. Parts I through 9 of Article Ill, Chapter I of the Arcadia Municipal Codc
are hercby deleted in their entirety.
SECTION 2. A new Chaptcr 1, Parts 1 through 7 arc hereby added to Articlc III of the
Arcadia Municipal Code to read as follows:
ARTICLE III.
PUBLIC SAFETY
CHAPTER 1.
FIRE DEPARTMENT
PART 1.
CREATION
3110. CREATION.
There is created a City Fire Department and the position of Fire Chief as the department head thereof.
PART 2.
CALIFORNIA FIRE CODE
DIVISION 1.
ADOPTION
3121. CALIFORNIA FIRE CODE ADOPTION.
With the exception of the deletions or additions hereinafter set forth, and subject to the amend-
ments hereinafter specified, there is adopted by reference for the City of Arcadia the 200 \
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Edition of the California Fire Code, including all Appendices based on the 2000 Edition of the
Uniform Fire Code published by the Western Fire Chiefs Association, and shall constitute the
Fire Codc of the City of Arcadia.
One (I) copy of said codes are on file in the office of the City Clerk for LIse and exami-
nation by the public.
3121.1.
SAME. REFERENCE.
It shall be suftlcient in any prosecution for the violation of any provisions of said Unilorm Fire
Code to refer thereto as the California Fire Code, or to refer to any Article, Division or Section
thereof. The term "Fire Code" whenever used in this Part shall refer to the California Fire Code
and the Fire Code Standards as adopted and amended by this part.
DIVISION 2.
DEFINITIONS
3122. DEFINITIONS.
The words used in thc Fire Code shall have the meaning ascribed to them by the California Fire
Code, and in addition thereto the following words shall be understood and defined to have thc
meanings set forth in the following subseetions.
3122.1.
ADMINISTRATOR.
Shall mean the City Manager of the City of Arcadia.
3122.2.
CIIIEF OR CHIEF ENGINEER.
Whencvcr thc term "Chief' or "Chief Engineer" is used, it shall mean the Chief of the City of
Arcadia Fire Departmcnt.
3t22.3.
CHIEF OF THE FIRE PREVENTION BUREAU.
Whenever the term "Chief of the Fire Prevention Bureau" is used it shall mean the Fire Marshal
of the City of Arcadia Fire Department.
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3122.4.
CITY COUNCIL.
Shall mean the City Council of the City of Arcadia as prescribed by the Charter.
3122.5.
COUNCIL APPROVAL.
Shal!mean the affirmative vote of three members of the City Council entered upon the City
Council minutes.
3122.6.
EXECUTIVE BODY.
Shall mean the City Council of the City of Arcadia.
3122.7.
FIRE CODE.
Shall mean the Fire Code of the City of Arcadia as adopted by section 312] .
3122.8.
FIRE DEPARTMENT.
Shall mean the regularly organized fire department of the City of Arcadia.
3122.9.
FIRE MARSHAL.
Shall mean the Chief of the Fire Prevention Bureau.
3122.10.
JURISDICTION.
. Shall mean the City of Areadia, and persons duly authorized for the enforcement of this Code.
3122.11.
JURISDICTIONAL AREA.
Shall mean that area within the boundaries of the City of Arcadia.
3122.12.
LEGISLATIVE BODY.
Whenever the term "Legislative Body" is used, it shall mean the City Council of the City of
Arcadia.
3122.13.
MUNICIPALITY OR CITY.
Whencver the term "Municipality" or "City" is used, it shall refer to the City of Arcadia.
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3122.14.
OTHER OFFICERS.
If any tcrm used in the Codc shall refer to an officer, agency, board, or body not set up by or
within the City of Arcadia, the term shall be deemed to refer to such officer, agency, board or
body as shall in fact be charged with the responsibility of performing the duty intended to be per-
formed by said officer, agency, board or body.
DIVISION 3.
VIOLATIONS
3123.
VIOLATIONS.
1.
Any person who shall violate any of the provisions of Sections 102, 103, 104 or
105 of the Fire Code or who shall build in violation of any detailed statement of specilications or
plans submitted and approved under the provisions of this Code or Standards adopted, or any
certificate or permit issued thereunder, and from which no appeal has been taken, or who shall
fail to comply with such an order as at1inned or modified by the City Councilor by a court of
competent jurisdiction, with the time fixed herein, shall severally for eaeh and every such
violation, be guilty of a misdemeanor or an infraction, punishable pursuant to Section 1200 of
the Arcadia Munieipal Code.
2. Any person who shall violate any other section of the Fire Code shall be guilty of
an infraction, punishable by tine as listed in Fire Code Appendix VI-D-5 as amended by the
Arcadia Municipal Code.
3. The imposition of one penalty for any violation shall not excuse the violation or
permit it to continue; and all such persons shall be required to eorrect or remedy such violations
or defect in a timely manner as specified by the Chief or his authorized representative.
4. The application of the above penalties shall not be held to prevent the enforced
removal of prohibited conditions.
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DIVISION 4.
AMENDMENTS AND ADDITIONS
3124. AMENDMENT.
Section 1003.1.1 of the California Fire Code IS amended to read as follows due to local
geographic and climatic conditions:
1003.1.] Fire-extinguishing systems shall comply with the following standards:
1. NFP A 13 (1999) shall be used for all commercial occupancies.
2. NFPA 13R (1999) shall be used for all multi-family structures consisting of live (5)
or more attached units with the following additions:
A) Atties containing forced air units shall have one or more intermediate
temperature sprinkler heads adjaeent to each unit.
B) Garages shall have a design density of an Ordinary Hazard Group 1
occupancy and a minimum design area covering 4 heads.
C) Quick-response intermediate temperature heads shall be used for the
garage area.
3. NFPA 13D (1999) shall be uscd for single and multi-family structures consisting of
four (4) or less attached units with thc following additions:
A) Attics containing forced air units shall have onc or morc intermediate
tcmperature sprinkler heads adjacent to each unit.
B) Detachcd garages over 1000 square feet and all attached garages shall be
sprinklered. Garages shall have a design density of an Ordinary Hazard Group 1 occupancy and
a minimum design area covering four (4) hcads.
C) Structures over 5000 square feet in total area shall have a design area of
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the four (4) most remote sprinkler heads. Structures under 5000 square feet in total area shall
havc a design arca of the two (2) most rcmote sprinkler heads.
D) Quiek-response intermediate temperature heads shall be used for the
garage area.
3124.1.
AMENDMENT.
Section 1003.2.2 of the California Fire Code is amended to read as follows due to local
geographic and climatic conditions:
1003.2.2.
An automatic sprinkler system shall be installed:
I. In all ncw buildings regardlcss of the type of construction or occupancy.
EXCEPTION: Detached Group U occupancies, providing the floor arca does not cxceed 1000
square feet and othcr minor buildings and/or occupancies as approved by the fire chicf.
2. In existing buildings as required by other sections of the Fire Code.
3124.2. ADDITION.
Seetion 1003.2.10 is added to Article 10 of the California Fire Code to read as follows due to
local geographic and climatic conditions:
1003.2.10.
RETROFIT OF FIRE SPRINKLERS.
An approved automatic fire
sprinkler system shall be installed in existing buildings, including any additions thereto, in the
occupancics and buildings as set forth in this section.
I. In all commcrcial and industrial buildings greatcr than 5,000 square feet in area when
enlarged by an addition to the cxisting structure or as required by thc Fire Chief.
2. In all commercial and industrial buildings less than 5,000 square feet in area, when
cnlarged by an addition to the existing structure, excecds 5,000 squarc feet or as required
by thc Firc Chicf.
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3. In all Group R-l Occupancies when an addition results in additional guestrooms or
dwclling units.
4. In all Group R-3 Occupancies when the existing living area is enlarged by tifty (50)
percent or more due to an addition, or when an addition, in combination with a remodel
affects tiny (50%) percent or more of the existing living area.
3124.3.
AMENDMENT.
Section 1003.3.2 of the California Fire Code is amended to read as follows duc to local
geographic and climatic conditions:
1003.3.2.
An approved audible sprinkler flow alarm shall be provided on the
exterior of the building in an approved location. Approved audible sprinkler flow alarms shall be
provided in the interior of the building at locations required by the Chief
3124.4.
ADDITION.
Section 7802.3.1 is added to Article 78 of the California Fire Code to read as follows due to local
climatic conditions:
7802.3.1. FIREWORKS PROHIBITED. No person shall sell, display for sale, possess,
store. or manufacture, use, light, fire, discharge, explode or set off any fireworks, including so-
called "Safe and Sane" fireworks anywhere within the City, except as provided herein.
3124.5. ADDITION.
Section 105.3.1 is added to the Uniform Fire Code to read as follows:
When the application for a permit under this section is filed, a non-refundable fee shall be paid
for the purpose of defraying the eost incidental to the proceedings.
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DIVISION 5.
APPEALS AND PERMITS
3125. APPEALS.
Whencver thc Chief disapproves an application or refuses to grant a permit, the applicant may
appeal from the decision of the Chicfto the City of Arcadia Building/Fire Code Appeals Board
within thirty (30) days Ii-om the date ofthc decision being appealed.
3125.1.
APPEALS PROCEDURE.
The City of Arcadia Building/Fire Code Appeals Board shall not consider any such appeal unlcss
the matter has comc to the attention of the Chief and he has rcndered a decision in writing. Any
appeal to thc board shall be made by the affected person or his agent in writing in the form and
manner as prescribed by the Chief and as specilied in Arcadia Municipal Code section 8130.2.
PART 3.
FIRE ZONES
3130.
CREATION.
The City shall be divided into zones relative to exposure to identitied fire hazards.
3t30.1.
ZONES.
Said Fire Zones shall comprise two (2) zones designated as Fire Zone No.1 and Fire Zone No.2
3130.2.
FIRE ZONE NO.1.
Fire Zone No.1 shall include all real property in the City which has known or potential exposure
to wildland interface. Fire Zone No.1 shall also constitute propertics in the areas north of
Sycamore A vcnue and east of Santa Anita A venue.
3130.3.
FIRE ZONE NO.2.
Fire Zone No.2 shall include all real property in the City which has limited or no exposure (0 the
wildland interface.
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PART 4.
SPECIAL REGULATIONS
DIVISION I.
FLAMMABLE AND EXPLOSIVE MATERIAL
3141. STORAGE OF FLAMMABLE LIQUIDS.
Storage oftlammable liquids in outside aboveground tanks is prohibited within the boundaries of
the City as the same now exist or as the same may at any time hereaftcr exist. Aboveground
tanks may be permitted on a case by case basis with approval of the Chief.
3141.1.
NEW BULK PLANTS PROHIBITED.
The limits in which new bulk storage of liquefied petroleum gas is restrieted are established as
the boundaries of the City.
3141.2.
SAME.
All real property which has been or may hereafter be classified as, changed to or placed in Zoncs
R-M, R-O, R-I, R-2 or R-3 shall be limited to the storage of a maximum of the equivalent to ten
(10) gallons of water eapacity outdoors and five (5) gallons of water capacity in either free stand-
ing or attached accessory structures.
3t41.3.
SAME. EXCEPTION.
The City Council may, upon written application, and after receipt of the report and recommenda-
tion of the Chief, after finding upon the evidenee received that the public health, safety and
welfare will not be jeopardized, alter the limits fixed by any of the preceding section.
DIVISION 2.
HAZARDOUS MATERIALS ABATEMENT
3142. HAZARDOUS MATERIALS ABATEMENT.
Clean up or Abatement; liability for eost.
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3142.1.
SAME.
The fire department is authorized to abate or cause to be cleaned up the etfects of any hazardous
material deposited upon or into any property or facilities in the City; and any such person or
persons responsible for such property or who intentionally, negligently or otherwise caused such
deposit shall be liable for the payment of all such cost incurred by the Fire Department as a result
of such cleanup or abatement aetivity. The remedy provided by this part shall be in addition to
any other remedies provided by law.
3142.2.
SAME.
For thc purposes of this part, "Hazardous Materials" shall bc defincd as any substancc or materi-
als in a quantity or form which, in the determination of the Fire Chief or his authorized
representative, poses an unreasonable and imminent risk to the life, health or safety of persons or
property or to the ecological balance of the environment, and shall include, but not be limited to,
such substances as explosives, radioactive materials, unstable or toxic materials, petroleum or
petroleum products or gases, poisons, etiologic (biologic) agents, pesticides, flammables and
corrosIves.
3142.3.
SAME.
For purposes of this part, cost incurred by the Fire Department shall include, but shall not neces-
sarily be limited to the following: actual labor costs of City personnel, including workers com-
pensation benefits, fringe benefits, administrative overhead, cost of equipment operations, cost of
materials obtained directly by the City and cost of any contract labor, equipment and materials as
necessary to clean up and abate the hazard.
3142.4.
SAM E.
The authority to recover eosts under this part shall not include aetual tire suppression services
which are normally or usually provided by the Fire Department.
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PART 5.
MISCELLANEOUS
3150. FlRE DEPARTMENT BADGE.
No pcrson shall wear, display or have in his possession any badge or shield of the same design as
adopted as the official badge or shicld of the City of Arcadia Fire Department, unless such
person shall be a duly appointed member of said Fire Department, and such badge has been
issued or authorized in writing by the Chief The provisions of this Section shall not apply to any
member of said Fire Department who has been honorably retired, and who may have in his
possession a facsimile of the ofticial badge or shield presented to him by the City, provided that
the same shall plainly indicate the fact that such former member is no longer in the active service
of the Fire Dcpartment.
PART 6.
ENFORCEMENT AND ARREST CITATIONS
3160. ENFORCEMENT.
The Chief and his authorized rcpresentative shall have the powers of a Police Officer in per-
forming their duties and shall be authorized to issue arrest citations as may be necessary for the
enforccment of any City or State code applicable to tire and life safety.
3160.1.
ARREST CITATIONS.
The Fire Chief and those authorized by him, may pursuant to Penal Code Scction 853.5 and
subject to the provisions hereof, arrest a person without a warrant whenever any such officer or
employee has reasonable cause to believe that the person to be arrested has committed a misde-
meanor in the officer's or employee's presence and to issue a notice to appear and to release such
person on his or her written promise to appear in court, pursuant to Penal Code Section 853.6.
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The authority to aet as set forth herein shall apply to those Fire Department members whose
primary duty is fire prevention and fire suppression.
PART 7.
VOLUNTARY EMERGENCY MEDICAL SUBSCRIPTION PROGRAM
3170. PURPOSE.
It is the intent of this Section to reduce life loss and disability by implementing a program which
provides funding for paramedic training, equipment repair, replacement and maintenance, and
other additional expenses necessary to maintain and enhance the current level of service, while
continuing to maintain or improve response time standards. A fee for service and Voluntary Sub-
scription Program is recommcnded to meet these goals by offering a mechanism for both Arcadia
residents and businesses to cap their paramedic and ambulance transportation costs, while
supporting the continued expansion and improvement of equipment and service the City's
paramedic program provides.
3170.1.
DEFINITiONS.
Unless a different meaning is apparent from the context or is specified elsewhere in these guide-
lines, the following detinitions shall be used:
(a) "Advanced life support (AlS)" means any AlS medical treatment performed by
paramedics (EMT-P) outside of a hospital.
(b) "Ambulance" means the Arcadia Fire Department Rescue units and/or designated
ambulance companies contracted for service.
(c) "Basic life support (BlS)" means any BLS treatment which is authorized by the
Statc of California Department of hcalth to be performed by emergency medical technicians I
(EMT-I) and/or paramedics (EMT-P) at the scene of a medical emergency.
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(d) "Emergeney medical subscription program" means a voluntary membership plan
where its members shall prepay, at a tixed price, the uninsured portion of emergency medical
and ambulance services provided by the Arcadia Fire Department.
(e) "Member" means residents of Arcadia households, eommercial residents and their
employees who have registered with the City and prepaid the voluntary membership fee.
3170.2.
ADMINISTRATION.
The Fire Chief or designee shall be responsible for the implementation and administration of the
V oluntary Emergency Medical Subscription Program. The Fire Chief shall report on a yearly
basis to the City Manager and City Council on the status of the Voluntary Emergency ivledical
Subscription Program. The report shall include a financial statement which sets forth the
Program's financial status.
3170.3.
ELIGIBILITY.
The Voluntary Emergency Medical Subscription Program is open to all residents and commer-
cial residents (businesses) located in the City of Arcadia. Payment of the voluntary subscription
fee by households shall entitle membership to permanent residents of that household, related or
not. Subscription fees paid by businesses entitle membership to employees only. Guest and
visitor coverage is provided for residential memberships at an additional fee as set by resolution
of the City Council. Guests, customers, patrons, visitors or others using the facilities of business
memberships shall be charged directly for paramedic and ambulanee services.
3170.4.
ENROLLMENT.
Each resident and commercial resident of the City has the opportunity to enroll in thc Program
anytime during the calendar year.
(1) Residents receiving a utility billing from the City will have the option of
automatic enrollment in the Emergency Medical Subscription Program if they signify approval
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on the City water billing. Membership may be terminated at any time by notifying the City in
writing.
(2) Households and businesses not receiving an Arcadia utility bill may enroll by
completing and submitting an enrollment foml at any time during the year. Each of these groups
will reecive enrollment forms via the mail or can obtain one at various City facilities.
Households not receiving a utility bill and businesses have the option of paying the subscription
fee one time annually or bimonthly.
(3) Residents and businesses declining membership are eligible to enroll in the
Program anytime during the calendar year. Coverage under the Subscription Program shall not
predate the actual enrollment date.
(4) Residents and businesses who leave the City prior to the end of the subscription
year, shall not be eligible for a refund of any portion of the total fee.
(5) Existing members who move within the City limits during the subscription year,
will not be required to pay an additional fee, but must submit a change of address to the Fire
Department to insure coverage.
(6) An owner of an apartment, retirement home, or other multifamily complex, has
the option to pay the subseription fee for the tenants.
3170.5.
SUBSCRIBER BENEFITS.
Subscribers shall receive the following benefits by enrolling in the Voluntary Emergency
Medical Subscription Program:
(l) Prepayment of the uninsured portion of:
a. BLS paramedic charges;
b. ALS paramedic charges;
c. Emergency ambulanee transportation;
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d. Additional member benefits may be added at the Fire Chiefs discretion,
subject to City Manager approval.
The Voluntary Emergeney Medieal Subscription Program only applies to emergencies
that occur within City limits. Employees of businesses that are subscribers are covered for emer-
gencies at any location within the City or Arcadia.
3170.6.
AUTHORIZATION OF FEES.
Basic and advanced life support paramedic service fees to nonresidents, advanced lire support
paramedie serviee fee to residents, and basic and advanced life support ambulance transportation
rees are authorized and shall be charged in connection with emergeney medical eare and ambu-
lance services provided by the Arcadia Fire Department. The amount of such fees shall be set
periodically by resolution or the City Council.
There shall be two categories offees as follows:
1. The "ree for services" shall be a user fee designed to recover costs associated with
the delivery of emergency medieal care and ambulance transportation services. Such fees shall
be based on:
(a)
(b)
(c)
2. A.
Emergencies requiring basic lire support services (BLS); and
Emergencies requiring advanced life support scrvices (ALS); and
Emergencies requiring ALS and BLS ambulance transportation.
The "Voluntary Emergency Medical Subscription Program" fee is a
membership program offered to Arcadia residents and businesses, protecting permanent
houschold members (related or not) and employees. Fees paid by businesses entitle membership
to employees only. Unless residential members select to purehase visitor coverage at an
additional nominal fee, guests, customers, patrons, and visitors or others using the facilities of
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such households and businesses shall be charged directly for paramedic and ambulance
transportation services.
B. The visitor coverage fee is an optional benetit to provide coverage for
visitors of a member in good standing at an additional nominal fee as set by resolution of the
City Council.
3170.7.
THIRD PARTY REIMBURSEMENT.
The City reserves the right to seek from a members' insurer, health maintenance organization, or
health care plan, reimbursement for emergency paramedic and ambulanee transportation
services; provided, however, that a member in good standing would not incur or be held respon-
sible for any fees resulting from the services rendered to the members or others covered under
their subscription.
3170.8.
IMPLEMENTATION.
Implementation of user fees for paramedic services and the Voluntary Emergency Medical
Subscription Program shall begin August 19, 1994. The Fire Chief or designee shall be autho-
rized to administer the Voluntary Emergency /vledical Subscription Fee Program beginning thirty
(30) days after the adoption of this Part.
3170.9.
EXEMPTION AND REDUCTION OF CHARGES
Dctermination for an exemption or reduction of fees for services or the voluntary subscription
fee by individuals claiming a hardship shall be based on guidelines establishcd by resolution of
the City Council.
3170.10.
DUTY TO RESPOND.
Under no circumstances will the delivery of emergency medical service and ambulance trans-
portation be delayed or refused on the basis of whether the injured party is a member of the
Voluntary Subscription Program, or on the basis of perception of or actual ability to pay.
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Ivlembership in the program does not create a guarantee or duty to respond, or create
performance requirements that differ or in any way alter the usual and eustomary emergency
response funetion and duties of the City.
3t 70.11.
ABUSE OF MEMBERSHIP.
Where a member of a person covered under the subscription program persistently utilizes, or at-
tempts to utilize, the Voluntary Emergeney iVledical Subscription Program in an inappropriate
manner, as deemed by the Fire Chief, the City retains the right to refund to the member the
equivalent ofa one (I) year membership fee, or the paid portion ofa one (I) year membership
fee, and to declare the members' membership in the program eanceled. In cases of a dispute, the
Fire Chiers judgment would be binding on all parties to such a dispute.
3170.12.
PROGRAM TERMINATION,
The Voluntary Emergency Medical Subscription Program may be canceled by a majority vote of
the Arcadia City Council. If the Council ehooses to terminate the program prior to the new pro-
gram year, the City may, at its option, refund the subscription fees back to the Voluntary
Emergency Medical Subscription Program members on a prorated basis. The City shall be
obligated to provide thirty (30) days written notice to all members prior to program termination.
SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause a copy of the same to be publishcd in the official ncwspaper of said City within fil1een (15)
days after its adoption.
[SIGNATURE ON THE NEXT PAGE]
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Passed, approved and adopted this 5th day of November
,2002.
ATTEST:
Mayor of the City of Arcadia
/T'roTem
o
/ .
City-Clerk
APPROVED AS TO FOIV\1:
~p~
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2166 was passed and adopted by the City Council of the City
of Arcadia, signed by the Mayor ProT em and attested to by the City Clerk at a regular
meeting of said Council held on the 5th day of November, 2002 and that said Ordinance
was adopted by the following vote, to wit:
AYES:
Councilmembers Chang, Kovacic, Segal, and Wuo
NOES:
None
ABSENT: Mayor Marshall
O~U- A\} cle.l",C;Z
gi(y Clerk oft~City M Arcadia
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