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CITY CLERK
File # ^Q b^^-^$ ^(~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 19, 2009
SUBJECT: An Ordinance Adding a New Chapter 5.94 (Social Host Ordinance)
to the Dublin Municipal Code relating to Underage Drinking,
Report Prepared by Sergeant Ellis Craft, Dublin Police Services
ATTACHMENTS: 1. Urgency Ordinance adding Chapter 5.94 (Social Host
Ordinance) to the Dublin Municipal Code relating to
Underage Drinking.
2. Ordinance adding Chapter 5.94 (Social Host Ordinance) to
the Dublin Municipal Code relating to Underage Drinking.
RECOMMENDATION: 1. Receive Staff presentation;
2. Open public hearing;
3. Close public hearing and deliberate;
~~ 4. Waive reading and ADOPT the Urgency Ordinance, adding
Chapter 5.94 (Social Host Ordinance) to the Dublin
Municipal Code relating to Underage Drinking
(Attachment 1); and
5. Waive reading and INTRODUCE the Ordinance adding
Chapter 5.94 to the Dublin Municipal Code relating to
Underage Drinking (Attachment 2).
FINANCIAL STATEMENT: None.
DESCRIPTION:
At its June 26, 2008 Goals and Objectives meeting, the City Council reviewed and approved with high
priority the adoption of a "social host" ordinance intended to address the problem of underage drinking in
the City. Dublin Police Services Staff has worked with the City Attorney's Office to draft an ordinance
that is responsive to the City Council's direction. This Ordinance does not supersede state or local
criminal statutes, but serves as an additional local law enforcement option in response to gatherings at
which minors illegally consume alcohol.
COPY TO:
Page 1 of 4
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ITEM NO.
r.
Regular ordinance must, by state law, be introduced and adopted at separate meetings of city councils.
Moreover, such ordinances may not take effect sooner than thirty days after their adoption. Because the
end of the school year is near and many students will be graduating, an increase in the incidences of
underage drinking is expected.
For this reason, Staff has prepared both an urgency ordinance for adoption at tonight's City Council
meeting, and a regular ordinance for introduction at tonight's meeting. Although Staff believes that
sufficient grounds exist for an urgency ordinance, Staff prepared anon-urgency ordinance out of an
abundance of caution. The urgency ordinance would be effective immediately. The non-urgency
ordinance would be adopted at a subsequent regular meeting (anticipated to be June 2, 2008) and effective
30 days thereafter. The non-urgency ordinance will supersede the urgency ordinance when it goes into
effect. The mechanics of this "dual ordinance" procedure will ensure that only those charged with
violating the ordinance during the time between the effective date of the urgency ordinance and the non-
urgency ordinance could challenge the urgency findings.
ANALYSIS:
Proposed Ordinance
The proposed ordinance is intended to promote the reduction of underage drinking by imposing a penalty
on persons responsible for loud or unruly gatherings where alcohol is consumed by minors. In preparing
the draft ordinance, Staff analyzed social host ordinances adopted in other jurisdictions (cities of
Pleasanton and San Ramon and the County of Alameda -Livermore does not have a Social Host
Ordinance) and also considered what mechanisms would be most effective in reducing the incidence of
underage drinking while also ensuring that persons associated with parties at which underage drinking
occurs will not be deterred from contacting the police department in the event of a medical or other
emergency.
The ordinance defines a loud or unruly gathering as a party or gathering at a residence or other private
property at which loud or unruly conduct occurs and at which alcohol is consumed by minors. The
ordinance provides that it is unlawful for any person to permit, allow, or host a loud or unruly gathering at
his or her place of residence, or on other private property or rented public property, if such person either
knows or reasonably should have known that a minor has consumed an alcoholic beverage. The
ordinance is drafted in a manner that a person need not be present at the gathering in order to be deemed
in violation of its provisions. Thus, for example, if a parent permits a party to occur at his or her
residence, but is not present at the time of the party, he or she may still be liable if underage drinking
occurs.
Violation of the ordinance is an infraction. Pursuant to Dublin Municipal Code Section 1.04.030,
infractions are punishable by a fine of $100 for a first violation, a fine of $200 for a second violation, and
a fine of $500 for each additional violation within one year of the first violation. In the review of similar
jurisdictions, all three jurisdictions (Pleasanton, San Ramon, and the County of Alameda) have cost
recovery components. When cities impose these kinds of cost recovery and civil penalties, state law
requires that they adopt procedures governing the imposition, enforcement and collection of the penalties
and fines. Cities must also provide a mechanism for the conduct of administrative proceedings to
hear any appeals of the imposition of such penalties. Finally, such appeal hearings can themselves be
appealed to the Superior Court with jurisdiction over the city in question. (Govt. Code § 53069.4.) The
County of Alameda has indicated that, in practice, they do not seek cost recovery, San Ramon has a cost
Page 2 of 4
recovery not to exceed $500, and the City of Pleasanton has a cost recovery of $250 plus expenses related
to injured officers and damage to city equipment and/or property.
Dublin Police Services Staff and the City Attorney's Office explored the possibility of providing that
violations of the social host ordinance would constitute a misdemeanor. However, Police Services learned
that when Alameda County adopted a similar ordinance with misdemeanor provisions, the District
Attorney refused to press the misdemeanor charges. Dublin Police Services understands that violations of
the County social host ordinance are now charged as infractions.
The ordinance provides that a person will be deemed to have knowledge that a minor has consumed
alcoholic beverages if the person has not taken reasonable steps to prevent the consumption of alcoholic
beverages by minors. It further establishes a rebuttable legal presumption that any person who is present
at the premises at the time that minors have consumed alcoholic beverages had knowledge that such
activities were taking place.
The ordinance also describes the sorts of activities that will be considered reasonable steps to prevent the
consumption of alcoholic beverages. These steps include, but are not limited to controlling access to
alcoholic beverages, controlling the quantity of alcohol beverages at the gathering, verifying the age of
persons attending the gathering, and monitoring the activities of minors at the gathering.
In certain situations, the ordinance provides that a host of a loud or unruly gathering may contact law
enforcement without risk of being cited for violation of the ordinance. These situations are where: 1) he
or she seeks assistance from the Police Department or other law enforcement agency to remove any person
who refuses to abide by the host's exercise of reasonable steps to prevent minors from drinking at the
gathering or wishes to terminate the gathering because he or she has been unable to prevent minors from
consuming alcoholic beverages, so long as the request for assistance is made before any other person
makes a complaint about the gathering; and 2) where any person seeks emergency assistance to respond to
any medical emergency occurring on the premises. The intent of both of these provisions is to reduce the
risk that a person will not notify the police of a situation at a party that poses a medical or other
emergency for fear that he or she will be cited for violation of the ordinance.
Difference between Urgency Ordinance and Regular Ordinance
As noted above, Staff is presenting the City Council with two ordinances: one urgency ordinance which
will take immediate effect and one regular ordinance which will become effective thirty days after it is
adopted. As required by law, the proposed Urgency Ordinance contains a declaration stating the facts
constituting the urgency. In order to be effective, the Urgency Ordinance must be passed by a four-fifths
vote of the City Council. The regular Ordinance must be passed by a three-fifths vote of the City
Council.
Dublin Police Services Staff consulted with the City Attorney's Office in drafting this ordinance, and have
endeavored to strike a balance between addressing the problem of underage drinking while ensuring, to
the greatest extent possible, that emergency services will be provided in situations constituting a medical
or other emergency.
Page 3 of 4
RECOMMENDATION
Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive
public testimony; 4) close public hearing and deliberate; 5) waive reading and ADOPT the Urgency
Ordinance Adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to
Underage Drinking (Attachment 1); and 6) waive reading and INTRODUCE the non-urgency Ordinance
Adding Chapter 5.94 (Social Host Ordinance) to the Dublin Municipal Code relating to Underage
Drinking (Attachment 2).
1218012.4
Page 4 of 4
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ORDINANCE NO._
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING CHAPTER 5.94 TO THE DUBLIN MUNICIPAL CODE
RELATING TO UNDERAGE DRINHING
WHEREAS, unsupervised parties on private property where alcohol is consumed
by minors are harmful to the minors themselves and to the communities where such
parties are held; and
WHEREAS, police ability to abate gatherings where alcohol is consumed by
minors on private property will result in a decrease in abuse of alcohol by minors,
physical altercations and injuries, neighborhood vandalism, and excessive noise
disturbance, thereby improving public safety; and
WHEREAS, problems associated with such gatherings are difficult to resolve
unless the Police Department has the legal authority to direct the host to disperse the
group; and
WHEREAS, control of large parties, gatherings or events on private property
where minors are consuming alcohol is necessary when such activity is determined to be
a threat to the peace, health, safety, or general welfare of the public; and
WHEREAS, when police officers are required to make calls to a location of a
party, gathering, or even in order to disperse uncooperative participants, it results in a
drain of police officer time and resources; and in some cases, may result in other areas of
the City receiving inadequate police protection
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 5.94 shall be added to the Dublin Municipal Code to read as
follows:
Chapter 5.94
SOCIAL HOST ORDINANCE
Sections:
5.94.010 Purpose.
5.94.020 Definitions.
5.94.030 Hosting, permitting, or allowing a loud or unruly gathering.
5.94.040 Exceptions.
5.94.050 Reasonable steps to prevent consumption of alcohol; self-
reporting.
ATTAC~111 f
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5.94.060 Violation -Penalty.
5.94.070 No mandatory duty of care.
5.94.080 Preemption.
5.94.010 Purpose.
A. To protect the public health, safety and general welfare; and
B. To promote the reduction of underage drinking by imposing penalties on persons
responsible for loud or unruly gatherings where alcohol is consumed by, served to or in
the possession of minors; thereby enhancing the enforcement of laws prohibiting the
consumption of alcohol by minors and reducing the costs of providing police services to
parties, gatherings, or events by requiring hosts to ensure minors are not consuming
alcoholic beverages.
5.94.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
"Alcohol" shall have the meaning of the definition of "alcohol" in Section 23003 of the
California Business and Professions Code, as that section maybe amended from time to
time. As of the introduction of this chapter, Section 23003 defines "alcohol" to mean
"ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by
whatever process produced."
"Alcoholic beverage" shall have the meaning of the definition of "alcoholic beverage" in
Section 23004 of the California Business and Professions Code, as that section maybe
amended from time to time. As of the introduction of this chapter, Section 23004 defines
"alcoholic beverage" to include "alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent
or more of alcohol by volume and which is fit for beverage purposes either alone or when
diluted, mixed, or combined with other substances."
"Loud or unruly gathering" means a party or gathering of two or more persons at a
residence or on other private property or rented public property upon which loud or
unruly conduct occurs and at which alcohol is consumed by minors. Such loud or unruly
gatherings include but are not limited to gatherings resulting in:
1. Excessive noise;
2. Excessive traffic;
3. Obstruction of public streets and/or the presence of unruly crowds that have
spilled into public streets;
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4. Public drunkenness or unlawful public consumption of alcohol or alcoholic
beverages;
5. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
6. Vandalism;
7. Litter; or
8. Any other conduct which constitutes a threat to the public health, safety, or
quiet enjoyment of residential property or the general welfare.
"Minor" means any person less than twenty-one (21) years of age.
"Social Host" means any person any person who permits, allows, or hosts a gathering at
his or her place of residence or other private property, public place, or any other premises
under his or her control where alcoholic beverages have been consumed by a minor who
permits, allows, or hosts a gathering hosting a gathering at
5.94.030 Hosting, permitting, or allowing a loud or unruly gathering.
The following shall apply to the permitting, allowing, or hosting a loud or unruly
gathering where alcoholic beverages have been consumed by a minor:
A. Except as permitted by Article 1, Section 4, of the California Constitution, it is
unlawful for any person to permit, allow, or host a loud or unruly gathering at his or her
place of residence, or on other private property or rented public property, if such person
either knows or reasonably should have known that a minor has consumed an alcoholic
beverage.
B. A person who permits, allows, or hosts a loud or unruly gathering shall be deemed
to have actual or constructive knowledge that a minor has consumed alcoholic beverages
if the person has not taken all reasonable steps to prevent the consumption of alcoholic
beverages by minors as set forth in Section 5.94.050(A) below.
C. Any person who permits, allows, or hosts a loud or unruly gathering shall be
rebuttably presumed to have actual or constructive knowledge that minors have
consumed alcoholic beverages if such person is present at the premises of the gathering at
the time any minor consumes an alcoholic beverage.
5.94.040 Exception.
This Chapter shall not apply to any location or place regulated by the California
Department of Alcohol and Beverage Control.
~ ~~ ~,
5.94.050 Reasonable steps to prevent consumption of alcohol; self-reporting.
A. It is the duty of any person who permits, allows or hosts a loud or unruly
gathering at his or her place of residence or other private property, public place, or any
other premises under his or her control, to take all reasonable steps to prevent the
consumption of alcoholic beverages by any minor at the gathering. Reasonable steps
include, but are not limited to, the following: controlling access to alcoholic beverages at
the gathering; controlling the quantity of alcohol beverages at the gathering; verifying the
age of persons attending the gathering by inspecting drivers' licenses or other
government-issued identification cards to ensure that minors do not consume alcoholic
beverages at the gathering; and monitoring the activities of minors at the gathering.
B. A person who hosts a loud or unruly gathering shall not be in violation of this
Chapter if he or she seeks assistance from the Police Department or other law
enforcement agency to remove any person who refuses to abide by the host's
performance of the duties imposed by this Chapter, or terminates the gathering because
the host has been unable to prevent minors from consuming alcoholic beverages despite
having taken all reasonable steps to do so, as long as such request is made before any
other person makes a complaint about the gathering.
C. A person who hosts a loud or unruly gathering shall not be in violation of this
Chapter if any person at the gathering seeks emergency assistance to respond to any
medical emergency occurring on the premises.
5.94.060 Violation -Penalty.
A. Violation of this Chapter shall be an infraction.
B. Nothing in this Chapter in any way limits any other remedy that maybe available
to the City, or any penalty that maybe imposed by the City, for violations of this Chapter.
5.94.070 No mandatory duty of care.
This ordinance is not intended to impose, and shall not be construed or given effect in a
manner that imposes upon the City, or any officer, employee, agent, or representative of
the City, a mandatory duty of care toward persons or property within and without the City
limits, so as to provide a basis of civil liability for damages, except as may otherwise be
imposed by law.
5.94.080 Preemption.
This chapter shall not be interpreted in any manner that conflicts with the laws or
constitutions of the United States or the state of California.
5~ it
Section 2. Severability. The provisions of this Ordinance are severable and if
any provision, clause, sentence, word or part thereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, sections, words or parts thereof of the
Ordinance or their applicability to other persons or circumstances.
Section 3. Urgency Findings and Declaration. The City Council finds and
declares that this Ordinance must be adopted as an urgency matter because it is necessary
for the immediate preservation of the public peace, health and safety. The following facts
and circumstances support such necessity. The consumption of alcohol by minors
presents a health risk to those minors and also may result in an increased incidence of
drunk driving, thus posing a safety risk to the general public. National Highway Traffic
Safety Administration (NHTSA) statistics show a marked increase in the incidence of
underage, alcohol-related fatalities around the time that schools close for the summer and
during graduation season. Therefore, heightened focus on fighting underage drinking,
particularly at graduation time, is critical to preserving the health and safety of all
residents of the City of Dublin. This Ordinance seeks to promote the reduction of
underage drinking by imposing penalties on persons responsible for loud or unruly
gatherings where alcohol is consumed by, served to or in the possession of minors
Therefore, it is necessary that this Ordinance should go into effect immediately so
as to ensure its effectiveness during the upcoming school graduation season.
Based on these findings, the City Council finds that this Ordinance should be
adopted as an urgency ordinance for the immediate preservation of the public peace,
health and safety.
Section 4. Effective Date. This Ordinance shall become effective immediately
upon adoption by at least afour-fifths vote of the City Council.
Section 5. Posting. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this day of , 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
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Tim Sbranti, Mayor
ATTEST:
Caroline Soto, City Clerk
1193024.6
°~~ ~~
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING CHAPTER 5.94 TO THE DUBLIN MUNICIPAL CODE
RELATING TO UNDERAGE DRINHING
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 5.94 shall be added to the Dublin Municipal Code to read as
follows:
Chapter 5.94
SOCIAL HOST ORDINANCE
Sections:
5.94.010 Purpose.
5.94.020 Definitions.
5.94.030 Hosting, permitting, or allowing a loud or unruly gathering.
5.94.040 Exceptions.
5.94.050 Reasonable steps to prevent consumption of alcohol; self-
reporting.
5.94.060 Violation -Penalty.
5.94.070 No mandatory duty of care.
5.94.080 Preemption.
5.94.010 Purpose.
A. To protect the public health, safety and general welfare; and
B. To promote the reduction of underage drinking by imposing penalties on persons
responsible for loud or unruly gatherings where alcohol is consumed by, served to or in
the possession of minors; thereby enhancing the enforcement of laws prohibiting the
consumption of alcohol by minors and reducing the costs of providing police services to
parties, gatherings, or events by requiring hosts to ensure minors are not consuming
alcoholic beverages.
5.94.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
"Alcohol" shall have the meaning of the definition of "alcohol" in Section 23003 of the
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California Business and Professions Code, as that section maybe amended from time to
time. As of the introduction of this chapter, Section 23003 defines "alcohol" to mean
"ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by
whatever process produced."
"Alcoholic beverage" shall have the meaning of the definition of "alcoholic beverage" in
Section 23004 of the California Business and Professions Code, as that section maybe
amended from time to time. As of the introduction of this chapter, Section 23004 defines
"alcoholic beverage" to include "alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent
or more of alcohol by volume and which is fit for beverage purposes either alone or when
diluted, mixed, or combined with other substances."
"Loud or unruly gathering" means a party or gathering of two or more persons at a
residence or on other private property or rented public property upon which loud or
unruly conduct occurs and at which alcohol is consumed by minors. Such loud or unruly
gatherings include but are not limited to gatherings resulting in:
1. Excessive noise;
2. Excessive traffic;
3. Obstruction of public streets and/or the presence of unruly crowds that have
spilled into public streets;
4. Public drunkenness or unlawful public consumption of alcohol or alcoholic
beverages;
5. Assaults, batteries, fights, domestic violence or other disturbances of the peace;
6. Vandalism;
7. Litter; or
8. Any other conduct which constitutes a threat to the public health, safety, or
quiet enjoyment of residential property or the general welfare.
"Minor" means any person less than twenty-one (21) years of age.
"Social Host" means any person any person who permits, allows, or hosts a gathering at
his or her place of residence or other private property, public place, or any other premises
under his or her control where alcoholic beverages have been consumed by a minor who
permits, allows, or hosts a gathering hosting a gathering at
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5.94.030 Hosting, permitting, or allowing a loud or unruly gathering.
The following shall apply to the permitting, allowing, or hosting a loud or unruly
gathering where alcoholic beverages have been consumed by a minor:
A. Except as permitted by Article 1, Section 4, of the California Constitution, it is
unlawful for any person to permit, allow, or host a loud or unruly gathering at his or her
place of residence, or on other private property or rented public property, if such person
either knows or reasonably should have known that a minor has consumed an alcoholic
beverage.
B. A person who permits, allows, or hosts a loud or unruly gathering shall be deemed
to have actual or constructive knowledge that a minor has consumed alcoholic beverages
if the person has not taken all reasonable steps to prevent the consumption of alcoholic
beverages by minors as set forth in Section 5.94.050(A) below.
C. Any person who permits, allows, or hosts a loud or unruly gathering shall be
rebuttably presumed to have actual or constructive knowledge that minors have
consumed alcoholic beverages if such person is present at the premises of the gathering at
the time any minor consumes an alcoholic beverage.
5.94.040 Exception.
This Chapter shall not apply to any location or place regulated by the California
Department of Alcohol and Beverage Control.
5.94.050 Reasonable steps to prevent consumption of alcohol; self-reporting.
A. It is the duty of any person who permits, allows or hosts a loud or unruly
gathering at his or her place of residence or other private property, public place, or any
other premises under his or her control, to take all reasonable steps to prevent the
consumption of alcoholic beverages by any minor at the gathering. Reasonable steps
include, but are not limited to, the following: controlling access to alcoholic beverages at
the gathering; controlling the quantity of alcohol beverages at the gathering; verifying the
age of persons attending the gathering by inspecting drivers' licenses or other
government-issued identification cards to ensure that minors do not consume alcoholic
beverages at the gathering; and monitoring the activities of minors at the gathering.
B. A person who hosts a loud or unruly gathering shall not be in violation of this
Chapter if he or she seeks assistance from the Police Department or other law
enforcement agency to remove any person who refuses to abide by the host's
performance of the duties imposed by this Chapter, or terminates the gathering because
the host has been unable to prevent minors from consuming alcoholic beverages despite
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having taken all reasonable steps to do so, as long as such request is made before any
other person makes a complaint about the gathering.
C. A person who hosts a loud or unruly gathering shall not be in violation of this
Chapter if any person at the gathering seeks emergency assistance to respond to any
medical emergency occurring on the premises.
5.94.060 Violation -Penalty.
A. Violation of this Chapter shall be an infraction.
B. Nothing in this Chapter in any way limits any other remedy that maybe available
to the City, or any penalty that maybe imposed by the City, for violations of this Chapter.
5.94.070 No mandatory duty of care.
This ordinance is not intended to impose, and shall not be construed or given effect in a
manner that imposes upon the City, or any officer, employee, agent, or representative of
the City, a mandatory duty of care toward persons or property within and without the City
limits, so as to provide a basis of civil liability for damages, except as may otherwise be
imposed by law.
5.94.080 Preemption.
This chapter shall not be interpreted in any manner that conflicts with the laws or
constitutions of the United States or the state of California.
Section 2. Severability. The provisions of this Ordinance are severable and if
any provision, clause, sentence, word or part thereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, sections, words or parts thereof of the
Ordinance or their applicability to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this day of , 2009.
AYES:
-~ ~ n
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Caroline Soto, City Clerk
Tim Sbranti, Mayor
1193024.5