HomeMy WebLinkAboutMinutes 2016-10-12 @7:00 MINUTES
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„ CITY OF SOUTH SAN FRANCISCO
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C4LIFO'01\P REGULAR MEETING
MUNICIPAL SERVICES BUILDING
COUNCIL CHAMBERS
33 ARROYO DRIVE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, OCTOBER 12, 2016
7:00 p.m.
CALL TO ORDER Time: 7:04 p.m.
ROLL CALL Present: Councilmembers Garbarino, Normandy and
Matsumoto, Vice Mayor Gupta and Mayor Addiego.
Absent: None.
PLEDGE OF ALLEGIANCE
Led by Mayor Addiego.
AGENDA REVIEW
None.
PRESENTATIONS
1. Proclamation recognizing October 16 - 22 as "Freedom from Workplace Bullies
Week” accepted by Linda Martinez and Catherine Hart of California Healthy
Workplace Advocates. (Mark Addiego, Mayor)
Councilwoman Normandy presented the Proclamation recognizing the Week of October 16, 2016 as
Freedom from Workplace Bullies Week. Ms. Hart of California Healthy Workplace Advocates
thanked Council for the recognition. She emphasized the importance of the commitment to ending
work place bullying as its impact contributes to an unhealthy work environment.
Mayor Addiego commented that whether illegal or not, no one should have to suffer through the
work day while being bullied.
Vice Mayor Gupta thanked Ms. Hart and California Healthy Workplace Advocates for their work to
bring attention to this issue. He commented that where workplace bullying exists, the corporate
culture needs to change from the top down.
2. Proclamation recognizing Cow Palace's 75th Anniversary, accepted by Lori Marshall,
CEO and Mara Kopp, President. (Mark Addiego, Mayor)
Mayor Addiego presented the Proclamation recognizing the Cow Palace's 75th Anniversary to CEO
Lori Marshall and President of the Cow Palace Board of Trustees, Mara Kopp. Mayor Addiego
commented on the History of the Cow Palace and the numerous historic events it had hosted over
the years.
President Mara Kopp thanked Council for the recognition and commented on the longevity and
versatility of the facility over the years. She further advised the facility would serve as a resource to
the community in the event of a natural disaster thanks to the size of the arena and presence of
indoor generators.
PUBLIC COMMENTS
Brian Rodgers representing the South San Francisco Elk's Lodge addressed Council. On behalf of
the Elk's membership, he queried privacy issues related to the mandatory installation of camera
systems at certain businesses under a recent City Ordinance.
City Attorney Rosenberg advised that his Office had reviewed privacy issues under the ordinance
generally and concluded that where installation was required, there was no Constitutional
expectation of privacy. With Council's consent, he could look into the issue with respect to the
Elk's facility specifically.
Mayor Addiego requested that the privacy issue as applicable to the Elk's Lodge be reviewed.
Resident Mike Harris addressed Council. He thanked City Manager Futrell and the CPTF for their
efforts to clean up the City. He then relayed instances in which he perceived he was bullied by
former City staff including Jim Steele, Kathy Mount, Jim Kirkham Susan Kennedy and Brian
McMinn. He also alleged bullying by Police Sergeant Don Olson.
COUNCIL COMMENTS/REQUESTS
Councilwoman Normandy requested an update from Interim Director of Public Works Towne
regarding the possibility of shrink wrapping signal lights as the currently painted lights are
susceptible to peeling and chipping.
Interim Director Towne agreed to look into this option and report findings to Council.
Councilman Garbarino recognized City Manager Futrell for his upcoming appearance at a Biotech
Job Growth Event sponsored by CBRE that would take place on October 28, 2016 from 7:30 p.m.
to 10:00 p.m. at the San Mateo Marriott. He further acknowledged Finance Director Lee for the
Finance Department's receipt of the Distinguished Budget Presentation Award from the
Government Finance Officers Association (GFOA). Councilman Garbarino noted it had been five
(5) years since the City received this recognition and it was the highest form of recognition in
government budgeting.
Councilwoman Matsumoto attended the SamTrans and TA meetings. She had information from the
meetings to pass on to Council and the City Manager. There is a lot of movement on the Peninsula
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that will impact the City. The Water Transit service is growing. Genentech is concerned about fair
box recovery. She further reported a possible influx of 18,000 new employees to City businesses.
Regarding the free South San Francisco Shuttle, she noted that many people still don't realize it
exists as was expressed at a Citizens' Academy session the previous evening. Finally, she
announced she would be putting an event together consisting of a free ferry ride from South San
Francisco to the Ferry Building around the Holiday time. Passengers could enjoy the Holiday
offerings at the Ferry Building and return to South San Francisco around 2:00 p.m.
Vice Mayor Gupta commented on the successful Citizens' Academy Program. He was pleased to
see the energy and enthusiasm coming from the group.
LEGISLATIVE BUSINESS
3. Report regarding an Ordinance Repealing and Replacing Chapters 15.06, 15.08, 15.12,
15.14, 15.16, 15.20, 15.22, 15.24, 15.26, repealing Chapter 15.60 of the South San
Francisco Municipal Code, and adding Chapters 15.32, 15.34, and 15.36, Adopting by
Reference and Amending the 2016 Editions of the California Administrative, Building,
Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire,
Green Building Standards, Existing Building, and Referenced Standards Codes. (Alex
Greenwood, Economic and Community Development Director)
3a. An Ordinance Repealing and Replacing Chapters 15.06 (California Administrative
Code), 15.08 (California Building Code), 15.12 (California Plumbing Code), 15.14
(California Residential Code), 15.16 (California Mechanical Code), 15.20 (California
Electrical Code), 15.22 (California Green Building Standards Code), 15.24 (California Fire
Code), 15.26 (California Energy Code), and Repealing Chapter 15.60 (Recycling and
Diversion of Debris from Construction and Demolition) of the South San Francisco
Municipal Code; and Adding Chapters 15.32 (California Historical Building Code), 15.34
(California Existing Building Code) and 15.36 (California Referenced Standards Code) to
the South San Francisco Municipal Code in order to adopt by Reference and Amend
provisions of the 2016 Edition of the California Building Standards Code, California Code
of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12.
Building Inspector Perry presented the staff report recommending that Council introduce the 2016
edition of the California Building and Fire Code with local amendments and set a public hearing for
adoption on November 9, 2016.
Councilwoman Matsumoto noted support for the proposal. She queried whether there has
historically been an ordinance for heavy construction East of 101 and for the Downtown. She noted
that with the bump to local construction many buildings would be torn down and she wanted to
make sure tarping and other precautionary measures were required.
Inspector Perry confirmed such precautionary measures were required.
In response to an inquiry from Councilman Garbarino, Inspector Perry confirmed the update to the
Code would bring the City into parody with the new California Building Code. Every three (3)
years since 1928, this Code was updated and adopted.
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Councilwoman Normandy queried whether the hours for new construction were the same as those
for residential construction under the amendment.
Inspector Perry so confirmed.
In response to a question from Councilwoman Normandy, Inspector Perry highlighted the following
proposed areas of amendment to the 2016 Code: green energy and clean building, waste diversion
and reduction and photovoltaic charging infrastructure requirements. He further advised Building
Division Personnel is continuously trained on Building and Fire Code updates, including fulfillment
of state mandated training obligations.
Motion—Councilman Garbarino/Second—Vice Mayor Gupta: to waive reading and introduce an
Ordinance Repealing and Replacing Chapters 15.06 (California Administrative Code), 15.08
(California Building Code), 15.12 (California Plumbing Code), 15.14 (California Residential
Code), 15.16 (California Mechanical Code), 15.20 (California Electrical Code), 15.22 (California
Green Building Standards Code), 15.24 (California Fire Code), 15.26 (California Energy Code),
and Repealing Chapter 15.60 (Recycling and Diversion of Debris from Construction and
Demolition) of the South San Francisco Municipal Code; and Adding Chapters 15.32 (California
Historical Building Code), 15.34 (California Existing Building Code) and 15.36 (California
Referenced Standards Code) to the South San Francisco Municipal Code in order to adopt by
Reference and Amend provisions of the 2016 Edition of the California Building Standards Code,
California Code of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12.
Unanimously approved by roll call vote.
4. Report regarding an Ordinance Amending Chapter 8.50 of the South San Francisco
Municipal Code to ban smoking throughout multi-unit residences (Jason Rosenberg,
City Attorney)
4a. Ordinance Amending Chapter 8.50 of the South San Francisco Municipal Code to ban
smoking throughout multi-unit residences.
Karen Licavoli of the San Mateo County Tobacco Education Coalition addressed Council. She
stated the group had reviewed the proposed Ordinance and was pleased with the language, but
hoped Council would consider including e-cigarettes in its definition of"Smoking." She stated that
the same toxins found in regular cigarettes are present in e-cigarettes. She further requested that the
separate ventilated area exception be removed from the Ordinance, as in any event, it was clear to
City staff that option was not feasible for most complexes.
Atila Lambino of Asian American Recovery Services addressed Council. He stated that since 2009,
the entity had coordinated its substance abuse prevention services with the Tobacco Education
Coalition of San Mateo County. Mr. Lambino echoed Ms. Licavoli's sentiments. He thanked
Council for its work in this area.
Mayor Addiego thanked the speakers for their comments and observed correspondence received
from Ms. Antonio of the California Apartment Association. He noted the Association's request that
Council consider a longer phase-in of the Ordinance as well as consistency of signage and posting
requirements.
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Councilman Garbarino stated his opinion that e-cigarettes and vaping should be included in the
definition of"Smoking" under the Ordinance.
City Attorney Rosenberg advised the proposed Ordinance could be amended to include e-cigarettes
and any other changes Council desired before introduction this evening.
Council requested the City Attorney's input regarding the point raised by the California Apartment
Association concerning the Property Owner's potential liability for a tenant's breach of the
Ordinance.
City Attorney Rosenberg advised the Property Owner would specifically be liable under the
Ordinance if the required signage was not posted. Further, while not expressly codified in the
Ordinance, an argument could be made that a property owner would be liable if he or she was aware
of smoking in the common areas.
Councilwoman Matsumoto advised she wanted to resolve introduction of the Ordinance this
evening.
Vice Mayor Gupta stated he was in favor of the currently stated phase-in period. He further believed
that if the property owner placed proper signage, any violation should be the responsibility of the
smoker, not the property owner, even if in a common area. Finally, he strongly supported the
inclusion of e-cigarettes in the Ordinance.
Mayor Addiego queried enforcement of the Ordinance and invited Chief of Police Azzopardi to
address this topic.
Chief of Police Azzopardi advised enforcement of the Ordinance would be complaint driven. He
had discussed enforcement with Chiefs from local cities adopting similar Ordinances and noted the
Chiefs did not report a substantial amount of enforcement calls.
Council directed the City Attorney to make the following revisions to the Ordinance during the
course of the evening: 1) A clarification establishing that the property owner's obligation to post
signs does not extend to inside the residential units; 2) Language confirming the property owner is
not responsible for the smoking of persons on the property if the owner is in compliance with the
Ordinance's sign posting requirements; and 3) The inclusion of e-cigarettes in the Ordinance's
definition of"Smoking." Council would move on in the Agenda and introduce the Ordinance once
the changes had been made.
ADMINISTRATIVE BUSINESS
5. Report regarding the Sister Cities Program Guidelines for review and discussion by the
City Council. (Mike Futrell, City Manager)
City Manager Futrell presented the staff report recommending that the City Council review and
discuss the Sister City Program Guidelines. In 1996, the City Council adopted a resolution
establishing program policies and protocols for the City's then existing Sister City relationships
with Lucca, Italy, Atotonilco el Alto, Mexico, Kishiwada, Japan, and Pasig City, Philippines. The
guidelines provided consistency in planning exchanges over the years. On October 28, 2009, the
City Council adopted a resolution establishing a Sister City relationship with the Basque City of
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Donibane Garazi. At that time, a City Council Sub-Committee for Sister Cities, consisting of
Councilmembers Gonzalez and Garbarino took the opportunity to review the Sister City Policy and
made changes. Since that time and based on recent Sister Cities events, Councilmembers have
requested to revisit the policies. Councilmembers should discuss the policies and the shared
responsibilities between the Sister Cities Committee and the City.
President of the Sister Cities Committee Frank McAuley addressed Council and provided an update
on the Committee's activities. He noted that the Committee was interested in reinvigorating its
activities and working with the City to come up with policies to assist the Sister Cities process.
Councilwoman Matsumoto thanked Mr. McAuley for his work on the Committee. She commented
on the importance of the Sister Cities Program over the years noting a time when she and former
Mayor and Councilman Joe Fernekes and others brought wheelchairs to the people of Atotonilco el
Alto, Mexico. She noted that from the City's standpoint, there needs to be equity in treatment of
Sister City relationships. She recommended that the Mayor appoint two (2) members to an Ad Hoc
Committee of the City Council to work on defining current policies.
Mayor Addiego agreed the formation of an Ad Hoc Committee to study the issue would be helpful.
He commented on the importance of the program and its ability to bring people of different cultures
and worldwide communities together.
Vice Mayor Gupta commented on the hospitality extended by the people of the City's Sister Cities.
He hoped the City could return this hospitality and felt it was important to review the City's policies
in this regard.
Councilwoman Normandy stated support for formation of the Ad Hoc Committee. She thought the
program required more frequent policy review.
Mayor Addiego appointed Vice Mayor Gupta and Councilwoman Normandy to the Ad Hoc
Committee.
6. Report regarding a resolution approving a third amendment to an existing Consulting
Services Agreement with Townsend Public Affairs in an amount not to exceed
$60,000, extending the contract 12 months from June 2016 to June 2017 and
authorizing the City Manager to execute said amendment. (Marian Lee, Assistant City
Manager)
6a. Resolution approving the third amendment to the consulting services agreement with
Townsend Public Affairs for grant consulting services in the amount not to exceed $60,000
for an additional 12 months from June 2016 to June 2017 and authorizing the City Manager
to execute said amendment.
Assistant City Manager Lee presented the staff report recommending that the City Council approve
a Resolution authorizing a third amendment to a Consulting Agreement with Townsend Public
Affairs for grant consulting services in an amount not to exceed $60,000 for an additional 12
months from June 2016 to June 2017 and authorizing the City Manager to execute the amendment.
Niccolo De Lucca, Senior Director at Townsend Public Affairs addressed Council. He advised
Townsend had over 20 years' experience of specializing in grant writing and traditional advocacy
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and lobbying work. He advised the City could consider the Company as an extension of its staff
with a presence in Sacramento and Washington DC. He noted that in coordination with City staff,
the Company had great success securing grants for the City and looked forward to future successes
in ongoing work with the City.
Councilwoman Matsumoto stated she would agree to this amendment, but no more. She was
unhappy with the process, which included approval for certain work that had already been
performed and monies that were already owed.
Assistant City Manager Lee advised the first agreement was for $60,000 for work in 2015. In early
2015, the first amendment for $15,000 was approved, authorizing work for three (3) additional
months. The second amendment authorized work through the end of the Fiscal Year at $12,500.
Since the contract expired in June of 2016, the third amendment would be for 12 months at $60,000.
City Manager Futrell advised that according to the City's business practices, a new RFP would be
issued in January so that the process could be completed and a contract in place at the end of the
fiscal year.
Councilwoman Normandy noted an error in the calculation of the total contract price including all
amendments in section B3 of the amendment. She requested that these calculations be reviewed
before approval at this this meeting.
Assistant City Manager Lee agreed to revisit the calculations during the course of the meeting.
Accordingly, Council moved on to consideration of the City Attorney's revisions to the proposed
Ordinance amending Chapter 8.50 of the Municipal Code banning smoking throughout multi-unit
residences.
4a. Ordinance Amending Chapter 8.50 of the South San Francisco Municipal Code to ban
smoking throughout multi-unit residences.
City Attorney Rosenberg presented the changes he had made to the proposed Ordinance at
Council's earlier request. He presented the revisions to Council in writing and all changes were
highlighted in red text. The changes included the following: 1) A clarification establishing that the
property owner's obligation to post signs does not extend to inside the residential units; 2)
Language confirming the property owner is not responsible for the smoking of persons on the
property if the owner is in compliance with the Ordinance's sign posting requirements; and 3) The
inclusion of e-cigarettes in the Ordinance's definition of"Smoking."
Motion—Councilwoman Matsumoto/Second—Vice Mayor Gupta: To waive reading and introduce
an Ordinance amending Chapter 8.50 of the South San Francisco Municipal Code to ban smoking
throughout multi-unit residences. Approved by the following roll call vote: Ayes: Councilmember
Normandy, Matsumoto and Garbarino and Vice Mayor Gupta; NAYS: Mayor Addiego; ABSENT:
None; ABSTAIN: None.
CONSENT CALENDAR
7. Motion to approve the minutes from the meetings of September 7, 2016, September21,
2016 and September 28, 2016.
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8. Motion confirming payment registers for October 12, 2016. (Richard Lee, Finance
Director)
9. Report regarding a resolution awarding the construction contract to Golden Bay
Construction, Inc. of Hayward, California for the 2016 ADA Ramps Project in an
amount not to exceed $599,613 and authorizing a total construction budget of
$725,237. (Sam Bautista, Principal Engineer)
9a. Resolution No. 119-2016 awarding the construction contract to Golden Bay
Construction, Inc. of Hayward, California for the 2016 ADA Ramps Project in an amount
not to exceed $599,613 and authorizing a total construction budget of$725,237.
10. Motion to accept the Permit Center Upgrades Project as complete in accordance with
the plans and specifications (Total Construction Cost $206,697.37). (Patrick Caylao,
Associate Civil Engineer)
11. Report regarding a resolution approving commitment of$300,000 of Fiscal Year
2015-16 General Fund Operating Surplus to the Gateway Assessment Improvement
Project Budget, amending the existing construction contract with Bortolussi & Watkin,
Inc. for additional work, and amending the FY 2016-17 Adopted Budget. (Sam
Bautista, Principal Engineer)
11a. Resolution No. 120-2016 approving commitment of $300,000 of Fiscal Year (FY)
2015-16 General Fund Operating Surplus to the Gateway Assessment Improvement Project
Budget, amending the existing construction contract with Bortolussi & Watkin, Inc. for
additional work and amending the FY 2016-17 Adopted Budget.
12. Report regarding a resolution authorizing the acceptance of$15,500 in donations for
the September 24, 2016 Concert in the Park event and amending the Parks and
Recreation Department operating budget for Fiscal Year 2016/17. (Sharon Ranals,
Parks and Recreation Director)
12a. Resolution No. 121-2016 approving the acceptance of $15,500 in donations for the
September 24, 2016 Concert in the Park event and amending the Parks and Recreation
Department operating budget for Fiscal Year 2016/17.
13. Report regarding adoption of an Ordinance repealing Section 11.40.240 of the South
San Francisco Municipal Code, pertaining to the parking of vehicles for sale. (Michael
Rudis, Master Sergeant)
13a. Ordinance No. 1525-2016 repealing Section 11.40.240 of the South San Francisco
Municipal Code, pertaining to the parking of vehicles for sale.
14. Report regarding adoption of an Ordinance amending the South San Francisco Zoning
Map and Zoning Ordinance to rezone three vacant parcels (APN 015-114-420, APN
015-114-480, and APN 015-114-490) from the Freeway Commercial to the Mixed
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Industrial zoning district to allow the expansion of a vehicle rental facility at 1440 San
Mateo Avenue in accordance with Title 20 of the South San Francisco Municipal
Code. (Tony Rozzi, Senior Planner)
14a. Ordinance No. 1526-2016 amending the South San Francisco Zoning Map and Zoning
Ordinance to rezone three vacant parcels (APN 015-114-420, APN 015-114-480, and APN
015-114-490) from the Freeway Commercial to the Mixed Industrial zoning district to allow
the expansion of a vehicle rental facility at 1440 San Mateo Avenue.
15. Motion to cancel the regular meeting of the City Council on October 26, 2016. (Mike
Futrell, City Manager)
The Consent Calendar was duly read by the City Clerk, after which discussion was had on specific
items as follows:
Item No. 8: Councilwoman Normandy inquired as to consortium fees paid to Redwood City.
Director of Finance Lee advised the Consortium of San Mateo County Cities is managed through
Redwood City. By pooling funds, the Consortium is able to obtain and offer training to employees
of Consortium member cities at great economies of scale.
Councilwoman Normandy further inquired about a hotel charge of $455.23 related to a hotel stay
for the former Public Works Director. City Manager Futrell advised that the policy which paid for
hotel rooms for late working City Executives was abolished and that such charges would not
reappear.
Councilwoman Matsumoto queried a food related expense payable to Specialties Bakery. Human
Resources Director Bellow advised the food fed 80 employees attending a Succession Development
Training over a meal hour. The Councilwoman was comfortable with the amount given the number
of employees concerned and suggested that including the number of meeting participants in the
subject line of the warrant may better assist Council's understanding of the expense.
The Councilwoman next questioned a payment of $444 to Ng's cooking for a Public Works
Department Meeting. Mayor Addiego noted that meetings held over a meal hour enhance
camaraderie and team building amongst employees. With regard to questions about these charges he
suggested that Councilmembers might provide Department Heads with the questions in advance so
that they could research the charges.
Councilwomen Normandy and Matsumoto advised they were not trying to confuse staff and were
simply trying to understand the charges they were being asked to approve. Accordingly, they would
consider his suggestion, but operate according to how they saw fit.
Item No. 9: Councilman Garbarino raised concerns about the large discrepancy between the bid
selected and the alternate bid. He stated that such a large disparity might be indicative of potential
change orders in the future.
Principal Engineer Bautista advised that this was a low point in the construction season for
Bortolussi & Watkin, Inc. Further, since the work was concentrated and the Company understood
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the required ramps were not located all over town, it believed it could be more efficient as was
reflected in the price.
Item No. 12: Councilmembers thanked Director Ranals for her work on Concert in the Park.
Director Ranals thanked Council and praised the work of her staff and Recreation and Community
Services Manager Mediati.
Councilwoman Matsumoto queried whether the costs for the event included Police Officers' time.
Director Ranals advised the cost to the Police Department was modest as on duty staff was used to
patrol the event.
Motion–Councilman Garbarino/Second—Councilwoman Normandy: to approve the Consent
Calendar. Unanimously approved by roll call vote.
6a. Resolution No. 118-2016 approving the third amendment to the consulting services
agreement with Townsend Public Affairs for grant consulting services in the amount
not to exceed $60,000 for an additional 12 months from June 2016 to June 2017 and
authorizing the City Manager to execute said amendment.
Assistant City Manager Lee advised the language in Section B3 of the third amendment should be
revised to state that the sum was not to exceed $60,000 from July 1, 2016 through June 30, 2017,
consistent with the approved Fiscal 2016/2017 Budget.
Councilwoman Normandy queried how this impacted the total amount of$135,000 reflected in item
B3. She believed the total amount that should be reflected was $147,500.
Director of Finance Lee advised that the entire authorized contract amounts were not spent, which
contributed to the noted discrepancy.
Motion—Vice Mayor Gupta/Second—Councilman Garbarino: to adopt Resolution No. 118-2016.
Approved by the following roll call vote: AYES: Councilmembers Garbarino, Gupta and Addiego;
NAYS: Councilwomen Normandy and Matsumoto; ABSENT: None; ABSTAIN: None.
ITEMS FROM COUNCIL - COMMITTEE REPORTS AND ANNOUNCEMENTS
Mayor Addiego reminded the public of the Grand Opening of the Grand Avenue Library, which
would take place on Saturday, October 15, 016 at 10:00 a.m.
CLOSED SESSION
16. Closed Session: Conference with Labor Negotiators (Pursuant to Government Code
Section 54957.6) Agency designated representatives: Mike Futrell, City Manager
Unrepresented employee: City Attorney.
Closed Session Opened: 9:28 p.m.
Meeting Resumed: 10:00 p.m.
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MINUTES PAGE 10
Report out of Closed Session by Mayor Addiego: Direction given.
ADJOURNMENT
Being no further business, Mayor Addiego adjourned the meeting at 10:00 p.m.
Submitted by: Approved by:
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ista a , City • erk Mark • ddiego, Mayor
City of t = San Franc.- o City of South San Francisco
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