HomeMy WebLinkAboutOrdinance 56731
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Ordinance No. 5673
Ordinance of the Council of the City of Palo Alto Amending Title 16 of
the Palo Alto Municipal Code to Add a New Chapter 16.66 (Hauled
Liquid Waste) to Regulate the Discharge of Hauled Liquid Waste at the
Palo Alto Regional Water Quality Control Plant (RWQCP)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A.The Palo Alto Regional Water Quality Control Plant (RWQCP) accepts certain hauled liquid
wastes from transporters that operate within the areas served by the RWQCP.
B.Hauled liquid waste can cause adverse impacts to wastewater treatment plants because it
is typically more concentrated than domestic wastewater and may not be equalized when
discharged.
C.Adverse impacts may include pass through, interference, sludge contamination, and
hazards to personnel at the RWQCP.
D.To prevent adverse impacts associated with hauled liquid wastes, the City of Palo Alto needs
to adequately control the discharge of hauled liquid waste at the RWQCP.
E.This ordinance revises the hauled liquid waste program by adding new requirements and
clarifying existing requirements for the discharge of hauled liquid waste to the RWQCP,
including suggested requirements from the 2007 Environmental Protection Agency Model
Pretreatment Ordinance.
SECTION 2. A new Chapter 16.66 (Hauled Liquid Waste) is hereby added to Title 16 of the
Palo Alto Municipal Code to read as follows:
Chapter 16.66 Hauled Liquid Waste
SECTIONS:
16.66.010 Purpose
16.66.020 Definitions
16.66.030 Responsibility of the Director
16.66.040 Discharge of Hauled Liquid Waste
16.66.050 Hauled Liquid Waste Discharge Permit Required
16.66.060 Hauled Liquid Waste Discharge Permit Application Procedure
16.66.070 Approved Vehicles
16.66.080 Waste Monitoring
16.66.090 Reporting Requirements for Waste Haulers
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16.66.100 Retention of Records
16.66.110 Insurance
16.66.120 Hauled Liquid Waste Discharge Permit Modification
16.66.130 Hauled Liquid Waste Discharge Permit Suspension or Revocation
16.66.140 Hauled Liquid Waste Discharge Permit Denial, Suspension, or Revocation Hearing
16.66.150 Personnel Orientation
16.66.160 Enforcement and Penalties
16.66.170 Charges and Fees
16.66.180 Closure of Receiving Station
16.66.010 Purpose
The purpose of this Chapter is to regulate the discharge of hauled liquid waste at the Palo
Alto Regional Water Quality Control Plant (RWQCP).
16.66.020 Definitions
The following terms and phrases, whenever used in this Chapter, shall be as defined herein.
(a)“Chemical toilet waste” means human excrement and deodorizers collected from a
portable chemical toilet.
(b)“Cesspool” means a lined or partially lined underground pit into which raw sanitary
sewage is discharged.
(c)“City” means the City of Palo Alto located in the State of California.
(d)“Director” means the City’s director of public works, his or her designee, or such other
person as may be designated by the city manager.
(e)“Hauled liquid waste” means sewage collected from a septic tank, seepage pit, cesspool,
chemical toilet, or other similar device.
(f)“Hauled liquid waste discharge permit” means a permit issued by the director, used as
a control mechanism, which grants revocable permission and authorization to discharge
hauled liquid waste to the receiving station.
(g)“Hazardous material” means any material so designated by Title 17 of this code.
(h)“Hazardous waste” means a material designated as a hazardous waste by Federal, State,
or local regulations.
(i)“Industrial waste” means any waste so designated by Chapter 16.09 of this code.
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(j)“NPDES permit” means National Pollutant Discharge Elimination System Permit and
controls water pollution by regulating point sources that discharge pollutants into
waters of the United States.
(k)“Person” means any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents, or assigns. This definition includes all
Federal, State, and local government entities.
(l)“Publicly Owned Treatment Works” or “POTW” means a treatment works, as defined by
Section 212 of the Clean Water Act (33 U.S.C. Section 1292), which is owned by the City.
This definition includes any devices or systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature
and any conveyances, which convey wastewater to a treatment plant.
(m) “Receiving station” means the location that has been identified by the director as the
authorized discharge point for hauled liquid wastes.
(n)“RWQCP service area” means the cities of Los Altos, Mountain View, and Palo Alto; the
town of Los Altos Hills; the East Palo Alto Sanitary District; and the unincorporated area
of the County of Santa Clara where the Stanford University campus is located.
(o)“Seepage pit” means a device comprised of one or more pits extending into porous
strata, lined with open-jointed masonry or similar walls, capped and provided with a
means of access such as a manhole cover and into which wastewater disposal system
effluent is discharged.
(p)“Sewage” means any material so designated by Chapter 16.09 of this code.
(q)“Waste hauler” means any person engaged in the collection and transport of waste.
16.66.030 Responsibility of the Director
Except as otherwise provided herein, the director shall administer, implement and enforce the
provisions of this Chapter. The director shall be responsible for promulgating such orders, rules,
regulations and requirements as are necessary to accomplish the purpose of this Chapter. Any
powers granted to or duties imposed upon the director may be delegated by the director to a
duly authorized City employee.
16.66.040 Discharge of Hauled Liquid Waste
(a)Hauled liquid waste may only be discharged at the receiving station.
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(b)No waste hauler shall introduce or cause to be introduced into the receiving station the
following pollutants, substances, or wastewater:
(1)Commercial or industrial process wastewater, industrial waste, hazardous
materials, or hazardous waste;
(2)Stormwater, groundwater, or artesian well water, unless authorized by the director;
(3)Wastes from soil boring or construction operations;
(4)Sludge, biosolids, or any other solid materials from sewage or water treatment plants;
(5)Grease, oil, or waste collected from grease control devices as defined by Chapter 16.13 of
this code;
(6)Any waste prohibited by Section 16.09.040 of this code; or
(7)Any waste collected from any property or location outside the RWQCP service area,
unless authorized by the director.
16.66.050 Hauled Liquid Waste Discharge Permit Required
(a)No person shall deliver or discharge hauled liquid wastes at the receiving station without
first obtaining a hauled liquid waste discharge permit from the director.
(b)Any violation of the terms and conditions of a hauled liquid waste discharge permit shall
be deemed a violation of this Chapter and shall subject the permittee to the enforcement
provisions set forth in this Chapter. Obtaining a hauled liquid waste discharge permit from
the City does not relieve a permittee of its obligation to comply with all Federal, State, or
county waste hauling requirements or with any other applicable provisions of Federal,
State, and local law.
(c)No hauled liquid waste discharge permit is transferable without prior written consent of
the director. A change of ownership (including a transfer of the majority of shares in a
corporate discharger) requires submittal of a new hauled liquid waste discharge permit
application and payment of any applicable fees.
(d)The director may impose terms and conditions or other provisions in hauled liquid waste
discharge permits which the director deems reasonable or necessary to carry out the
purpose of this Chapter.
(e)Issuance of a hauled liquid waste discharge permit establishes a conditional privilege to
discharge. Issuance of a hauled liquid waste discharge permit does not create property
rights, nor does it create a vested irrevocable right or privilege. The director has the right
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to refuse any hauled liquid waste load.
16.66.060 Hauled Liquid Waste Discharge Permit Application Procedure
(a)An applicant for a hauled liquid waste discharge permit shall complete and submit a
hauled liquid waste discharge permit application established by the director. The director
may require information in addition to that required on the hauled liquid waste discharge
permit application form as deemed reasonable or necessary to evaluate the hauled liquid
discharge permit application.
(b)Completed hauled liquid waste discharge permit applications shall be filed by the
discharger not less than ten (10) calendar days in advance of commencing or
recommencing discharge. The discharger shall not commence or recommence discharge
prior to obtaining a hauled liquid waste discharge permit without specific, interim
approval from the director to discharge during the permitting process.
(c)The director may deny any application for a hauled liquid waste discharge permit for good
cause, including, but not limited to, the following reasons:
(1)The application contains false or misleading information;
(2)The application is not accompanied by the required fee(s);
(3)The issuance of the hauled liquid waste discharge permit would result in the
discharge of wastes of such quantity or strength that the public health, safety, or
public or private property are endangered;
(4)The issuance of the hauled liquid waste discharge permit would cause the City to
violate any NPDES permit conditions, or any Federal, State, or local laws or
regulations;
(5)The applicant has not provided adequate information to establish that its
discharge will comply with all requirements of this Chapter and with such other
terms and conditions as the director may deem necessary to include in the
applicant's hauled liquid waste discharge permit;
(6)The applicant has failed to pay or has outstanding fees, fines, or penalties owed
to the City related to activities governed by this Chapter.
(d)If the director denies the issuance of a hauled liquid waste discharge permit, any
application fees paid shall not be returned to the applicant unless the director has
ascertained that a hauled liquid waste discharge permit is not required to discharge the
waste for which the hauled liquid waste discharge permit application is made.
(e)Incomplete or inaccurate hauled liquid waste discharge permit applications will not be
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processed.
16.66.070 Approved Vehicles
Access to and use of the receiving station shall be granted only to vehicles possessing a valid permit
issued by the Santa Clara County Department of Environmental Health in addition to a hauled liquid
waste discharge permit approved by the director.
16.66.080 Waste Monitoring
(a)The director may conduct all inspection, surveillance, sampling, and monitoring necessary
to assure compliance with applicable Federal, State, and local regulations including this
Chapter.
(b)The City shall have the right by and through its officers, employees, or other persons
engaged by the City to do so, to take such samples of hauled liquid waste delivered by
any person to the receiving station as the City in its sole discretion may deem appropriate
to obtain a representative sample of each delivery's contents. Such samples may be taken
prior to, during, or after any such delivery or discharge. Without being limited thereto,
results of analyses made of such samples at an accredited laboratory may be used to
determine a permittee's compliance with the provisions of this Chapter.
(c)The director may require a waste hauler to provide representative sample and/or a
representative waste analysis of any load prior to discharge.
16.66.090 Reporting Requirements for Waste Haulers
(a)The director may require holders of hauled liquid waste discharge permits to submit
reports to demonstrate or document compliance with this Chapter.
(b)The director may require information on a waste hauler’s operations in addition to that
required in the hauled liquid waste discharge permit application or other reports to
evaluate waste hauler compliance with the provisions of this Chapter.
(c)The director may establish an electronic submittal program for submission of reports,
documents and data and require use thereof by holders of hauled liquid waste discharge
permits.
(d)Waste haulers that send electronic (digital) documents to the director to satisfy the
requirements of this Section must meet all Federal, State, and local electronic signature
requirements. Electronic data shall be in a format required by the director. The director
may require reporting in both digital and traditional format.
(e)Nothing in an electronic submittal program established by the director limits the use of
the electronically submitted reports, documents, or data or any information contained
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therein as evidence in enforcement proceedings.
(f)Waste haulers shall comply with all reporting requirements established by the director. A
waste hauler’s failure to submit required reports, documents or data as required or by
the specified submission deadline shall constitute a violation of the provisions of this
Chapter. The director may allow submission of required reports, documents and/or data
on the following business day in instances where the due date falls on a weekend or legal
holiday.
16.66.100 Retention of Records
Waste haulers subject to the reporting requirements of this Chapter shall retain, and make
available for inspection and copying without unreasonable delay, all records of information
obtained pursuant to this Chapter including, but not limited to, any required monitoring activities,
any additional records of information obtained pursuant to monitoring activities undertaken by
the discharger independent of such requirements, and documentation associated with best
management practices. This includes electronic data and information records maintained and/or
submitted in accordance with Section 16.66.090 of this Chapter. All records required to be
maintained by this Chapter shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any pending investigation or enforcement of
NPDES Permit conditions or where the discharger has been specifically notified of a longer
retention period by the director.
16.66.110 Insurance
No person shall deliver or discharge hauled liquid wastes at the receiving station unless such
person, at his or her sole cost and expense, has and maintains in full force and effect the insurance
policies, endorsements, certificates and/or binders required by the City.
16.66.120 Hauled Liquid Waste Discharge Permit Modification
The director may modify any hauled liquid waste discharge permit for good cause, including, but
not limited to, the following reasons:
(a)To incorporate any new or revised Federal, State, or local requirements;
(b)A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(c)Information indicating that the permitted discharge poses a threat to the POTW, City
personnel, or the receiving waters;
(d)Violation of any terms or conditions of the hauled liquid waste discharge permit;
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(e)Misrepresentations or failure to fully disclose all relevant facts in the hauled liquid waste
discharge permit application or in any required reporting;
(f)To correct typographical or other errors in the hauled liquid waste discharge permit;
(g)To reflect a transfer of the facility ownership or operation to a new owner or operator; or
(h)To implement programs or policies required or requested of the City by appropriate
Federal, State, or local regulatory agencies.
16.66.130 Hauled Liquid Waste Discharge Permit Suspension or Revocation
(a)The director may deny or suspend the use of the receiving station to any person who fails
to comply with the orders, rules, regulations, and requirements adopted by the director
or the terms and conditions contained in a hauled liquid waste discharge permit.
(b)The director may suspend or revoke a hauled liquid waste discharge permit indefinitely
for good cause, including, but not limited to, the following reasons:
(1)Failure to complete a hauled liquid waste discharge permit application;
(2)Misrepresentation or failure to fully disclose all relevant facts in the hauled liquid
waste discharge permit application;
(3)Knowingly or negligently providing false information on any hauled liquid waste
discharge permit application, manifest, document, or other record submitted to
the RWQCP;
(4)Falsifying reports and certification statements;
(5)Failure to accurately complete reports or other paperwork required by the
director;
(6)Failure to provide a representative sample upon request;
(7)Tampering with monitoring equipment;
(8)Disposal of wastes originating outside the RWQCP service area without prior
approval from the director;
(9)Disposal of wastes at the receiving station in a manner which causes or threatens
to cause undue mess to the receiving station;
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(10) Disposal of wastes at any location other than the receiving station;
(11) Failure to pay fees, fines, or penalties;
(12) Failure to maintain a valid Environmental Health permit through the Santa Clara
County Department of Environmental Health;
(13) Failure to provide advance notice of the transfer of business ownership;
(14) Violation of any term or condition of the hauled liquid waste discharge permit or
any provision of this Chapter; or
(15) Failure of the waste hauler to comply with the waste handling, disposal, and
reporting requirements of the Santa Clara County Department of Environmental
Health.
(c)All hauled liquid waste discharge permits issued to a discharger are void upon the
issuance of a new hauled liquid waste discharge permit to that discharger.
16.66.140 Hauled Liquid Waste Discharge Permit Denial, Suspension, or Revocation
Hearing
(a)An applicant or permit holder shall have at its request, a hearing before the city manager,
or his or her designee, to appeal a decision by the director to deny the applicant’s
discharge permit application, suspend, or revoke a discharger’s discharge permit.
(b)The director shall give the applicant or permit holder written notice of intent to deny the
applicant’s discharge permit application, suspend, or revoke a discharger’s discharge
permit. The notice shall set forth specifically the grounds for the director’s intention to
deny the applicant’s discharge permit application, suspend, or revoke a discharger’s
discharge permit and shall inform the applicant or permit holder that they have ten (10)
calendar days from the date of receipt of the notice to file a written request for a hearing
with the director. The application shall be denied or the permit shall be revoked, or
suspended if a hearing request is not received by the director within the ten (10) day
period.
(c)If the applicant, permit holder, or interested party or parties file(s) a timely hearing
request, the city manager, or his or her designee, shall within ten (10) calendar days from
the receipt of the request, set a time and place for the hearing. All parties involved shall
have the right to offer testimonial, documentary, and tangible evidence bearing on the
issues and to be represented by counsel. The decision of the city manager, or designee,
whether to deny the applicant’s discharge permit application or to modify, make subject
to additional terms, suspend, or revoke the discharger’s discharge permit shall be final.
16.66.150 Personnel Orientation
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(a)Waste haulers shall attend orientation provided by the City prior to initial discharge but
after permit issuance. All waste haulers are responsible for ensuring new drivers know
where the receiving station is and how to use it, or to arrange for a City-provided
orientation prior to discharge.
16.66.160 Enforcement and Penalties
(a)Warning. When the director finds that a user has violated, or continues to violate, any
provision of this Chapter or a hauled liquid waste discharge permit, the director may issue
verbal or written warnings in response to minor violations of this Chapter. Compliance
with warnings does not limit further enforcement action by the City.
(b)Notice of violation. When the director finds that a user has violated, or continues to
violate, any provision of this Chapter, a hauled liquid waste discharge permit, or order
issued hereunder, the director may serve upon that discharger a written notice of
violation (NOV). The NOV may include a deadline for the discharger to respond with an
explanation of the violation and a plan for the satisfactory correction and prevention
thereof. Submission of such a plan in no way relieves the discharger of liability for any
violations occurring before or after receipt of the NOV. Nothing in this Section shall limit the
authority of the director to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
(c)Administrative citation. When the director finds that a user has violated, or continues to
violate, any provision of this Chapter or a hauled liquid waste discharge permit, the
director may issue an administrative citation in accordance with the provisions contained
in Chapter 1.12 of this code. Issuance of an administrative citation shall not be a bar
against, or a prerequisite for, taking any other action against the person.
(d)Emergency suspension. The director may immediately suspend any discharge, after
informal notice to the user, whenever such suspension is necessary to stop an actual or
threatened discharge, which reasonably appears to present, or cause an imminent or
substantial endangerment to the health, safety, or welfare of persons. The director may
also immediately suspend a discharger’s discharge that threatens to interfere with the
operation of the POTW, or which presents, or may present, an endangerment to the
environment. Any discharger notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a discharger’s failure to immediately
comply voluntarily with the suspension order, the director may take such steps as deemed
necessary to prevent or minimize damage to the POTW or endangerment to any persons.
The director may allow the discharger to recommence its discharge when the discharger
has demonstrated to the satisfaction of the director that the period of endangerment has
passed.
(e)Civil penalties.
(1)Any person who has violated, or continues to violate any provision of this Chapter
or a hauled liquid waste discharge permit shall be liable to the City for a maximum
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civil penalty of up to twenty-five thousand dollars ($25,000) per day for each day
in which such violation occurs.
(2)The City may petition the Superior Court of California pursuant to Government
Code Section 54740 to recover the sums in subsection (e)(1) of this Section as well
as reasonable attorneys’ fees, court costs, and other expenses associated
with enforcement activities, including sampling and monitoring expenses, and
the cost of any actual damages incurred by the City.
(3)Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking
any other action against a discharger.
(f)Criminal penalties. As provided in Chapter 1.08 of this code, violations of the provisions
of this Chapter shall be subject to criminal penalties.
(g)Remedies nonexclusive. The remedies provided for in this Chapter are cumulative and not
exclusive, and shall be in addition to the provisions of Chapters 1.08, 1.12, and 1.16 of this
code, and all other remedies available to the City under Federal, State, or local law. The
director may take any, all, or any combination of these actions against a noncompliant
discharger. The director is empowered to take more than one enforcement action against
any noncompliant discharger. Enforcement actions may be taken concurrently.
16.66.170 Charges and Fees
(a)The City may adopt reasonable fees for reimbursement of costs of setting up and
operating the City’s hauled liquid waste program, which may include:
(1)Fees for treatment and discharge of hauled liquid waste;
(2)Fees for hauled liquid waste discharge permit applications including the cost of
processing such applications;
(3)Fees for monitoring, inspection, and surveillance procedures including the cost of
collection and analyzing a waste hauler’s discharge, and reviewing monitoring
reports and certification statements submitted by waste haulers;
(4)Fees for filing appeals;
(5)Fees to recover administrative and other costs (not included in subsection (a)(2)
of this Section) associated with the enforcement activity taken by the director to
address discharger noncompliance; and
(6)Other fees as the City may deem necessary to carry out the requirements of this
Chapter.
16.66.180 Closure of Receiving Station
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The director may suspend discharge of hauled liquid waste at the receiving station for a
period of time deemed reasonable or necessary, for good cause including, but not limited
to: RWQCP operational issues, concerns, or violations; emergencies; natural disasters;
power failures; RWQCP maintenance or repair; excess flow entering the RWQCP; and
weather conditions. Hauled liquid waste discharge permit holders shall have no recourse
against the City for any reason including, but not limited to, economic loss incurred as a
result of receiving station closure.
SECTION 3. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of the
Ordinance. The Council hereby declares that it should have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15308 of the CEQA Guidelines, because it
is an action taken by the City as a regulatory agency to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process involves procedures
for protection of the environment.
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SECTION 5. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney or Designee City Manager
____________________________
Director of Public Works
SEPTEMBER 15, 2025
SEPTEMBER 29, 2025
BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
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Certificate Of Completion
Envelope Id: 5F2908A4-F218-4AA2-A656-15819033D741 Status: Completed
Subject: ORD 5673 - Discharge of Hauled Liquid Waste at Regional Water Quality Control Plant
Source Envelope:
Document Pages: 13 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
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Madeleine Salah
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Deputy City Attorney
City of Palo Alto
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Brad Eggleston
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Director of Public Works
City of Palo Alto
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Ed Lauing
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Mahealani Ah Yun
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City Clerk
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