HomeMy WebLinkAboutMinutes 2020-08-26 @7:00�zH SAN? MINUTES
REGULAR MEETING
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CITY COUNCIL
cgLIFO RNP CITY OF SOUTH SAN FRANCISCO
WEDNESDAY, AUGUST 26, 2020
7:00 p.m.
Teleconference via Zoom
City Council conducted this meeting in accordance with
California Governor Newsom's Executive Orders N-25-20 and
N-29-20 and COVID-19 pandemic protocols.
CALL TO ORDER Mayor Garbarino called the meeting to order at 7:03 p.m.
ROLL CALL Present: Councilmembers Matsumoto, Nagales, and Nicolas,
Vice Mayor Addiego, and Mayor Garbarino.
AGENDA REVIEW
No changes.
ANNOUNCEMENTS FROM STAFF
City Manager Futrell invited the public to attend the virtual Town Hall event on Monday, August
31, 2020 at 6 p.m. additional details posted to the website.
PRESENTATIONS
1. Recitation of a proclamation recognizing September as National Childhood Cancer
Awareness Month in South San Francisco. (Richard Garbarino, Mayor)
Mayor Garbarino read into the record a proclamation recognizing September as National Childhood
Cancer Awareness Month. Mr. Jesus Pena, a resident of South San Francisco, thanked the Council
for their yearly recognition in memory of his daughter Juliana Pena. He encouraged the community
to wear gold in support of Childhood Cancer.
2. Report regarding the progress of the Utah Ave Overcrossing Project (tr1404). (Matthew
Ruble, Principal Engineer, and Ramsey Hissen, AECOM)
Principal Engineer Ruble presented Ramsey Hissen with AECOM. Mr. Hissen presented the report
to Council. He indicated that Caltrans is the NEPA and CEQA lead agency for the project. The City
is the project sponsor and implementing agency. San Mateo County Transportation Authority is the
funding agency. The build alternative features overcrossing over US 101, Intersections
improvements, bike and pedestrian ADA compliant facilities, accommodates future US 101
Managed Lanes project, and accommodates future ramp improvements. The city hosted community
meeting to solicit business and property owner's feedback. Public input was captured and
influenced revisions to the project. He provided an overview of the project estimated costs with the
project major milestones schedule, fully designed project by March 2024.
3. REMOTE PUBLIC COMMENTS Members of the public wishing to participate were
encouraged to submit public comments in writing in advance of the meeting to all-
cc@ssfnet by 4: 00 p. m. on Wednesday, August 26, 2020.
Public comments received live by the following individuals:
• Eddy expressed support of City Council agenda items 413 and #I5.
• Elle expressed concern with expansion of Caltrain Project and funding.
• Russell expressed support of proclamation recognizing September as National Childhood
Cancer Awareness month.
• Liliana Rivera expressed concern with several agenda items and requested that the Council
allocate funds to help community members. Supports renaming Columbus Day as
Indigenous Day.
• Aristel Delacruz expressed support of City Council agenda items #13 and #15.
COUNCIL COMMENTS/REQUESTS
Councilmember Matsumoto acknowledged the 100th Anniversary of the 19th amendment Women's
Right to Vote. She requested that the Council set a date -specific in September to conduct Board and
Commission interviews in-person or teleconference.
Councilmember Nicolas encouraged women to participate in local government and shared her
experience in serving the community. She extended her sympathies for those affected by the recent
fire, including two members of the South San Francisco family. Families affected by COVID-19
may solicit various services through the YMCA. She requested to adjourn the meeting in honor of a
longtime community member, Roy Bava.
Vice Mayor Addiego requested to adjourn the meeting in honor of a longtime community member,
Tony Khorozian. He acknowledged the importance of the 19th amendment celebration and the
contributions of women leaders. He thanked the South San Francisco Police Officers for keeping
residents safe, shared a recent crime, and acknowledged Detective Amador for his diligent work,
leading to a prompt arrest.
Councilmember Nagales thanked our first responders for their work in battling the fires in Northern
California. He provided an update on the 2020 Census self -reporting rates and indicated that the
South San Francisco response was 77.4% compared to the 2010 Census response of 75.1%. He
informed the community that the Census deadline changed to September 30, 2020. Lastly, he
invited the community to attend the Free Masks, Free Books, & Everyone Counts event on
Saturday, September 19, 2020, from 10 a.m. to 1 p.m. at the Boys and Girls Club Parking Lot at 201
West Orange. For more information, contact Census Manager Kathy Blandon at (650) 677-6499.
Mayor Garbarino acknowledged South San Francisco's first responders and extended his
appreciation for their dedication. He requested to adjourn in memory of Peter de Pascua.
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CONSENT CALENDAR
4. Motion to approve the Minutes for the meetings of July 21, 2020 and July 22, 2020.
5. Report regarding a motion to accept the construction improvements of the Bike Lane
Gap Closure Project (TRI 903 & TRI 907) as complete in accordance with plans and
specifications (Total Construction Cost $397,250.50). (Jeffrey Chou, Associate
Engineer)
6. Report regarding a motion to accept the construction improvements of the North
Access Road Bike & Pedestrian Improvement Project (Project No. STI 806) as
complete in accordance with plans and specifications (Total Construction Cost
$597,262.77) (Jason Hallare, Senior Engineer).
7. Report regarding a motion to accept the construction improvements of the Gateway
Monument Signs and Median Improvements (Project No. st1805) as complete in
accordance with plans and specifications (Total Construction Cost $540,393.94).
(Jeffrey Chou, Associate Engineer and Peter Vorametsanti, Swinerton Management &
Consulting)
8. Report regarding a resolution authorizing the appointment of Deputy City
Treasurer(s). (Frank Risso, City Treasurer and Janet Salisbury, Director of Finance)
Item not heard – continued
9. Report regarding a resolution approving the City's Investment Policy for Fiscal Year 2020-
21. (Frank Risso, City Treasurer and Janet Salisbury, Director of Finance)
Item not heard – continued
10. Report regarding Resolution No. 103-2020 resolution approving and authorizing the City
Manager to execute a Memorandum of Understanding between the City of South San
Francisco and the City and County of San Francisco (SFO) for the southerly segment of
South Airport Boulevard (Eunejune Kim, Director of Public Works)
Motion— Councilmember Nicolas/Second – Vice Mayor Addiego: to approve Consent Calendar
items 4, 5, 6, 7, and 10 by roll call vote: AYES: Councilmembers Matsumoto, Nicolas, and Nagales,
Vice Mayor Addiego and Mayor Garbarino; NAYS: None; ABSENT: None; ABSTAIN: None.
LEGISLATIVE BUSINESS
11. Report regarding Urgency Ordinance No. 1603-2020 establishing a temporary cap on
commissions charged by third party delivery services on local restaurants during the
COVID-19 pandemic. (Mike Lappen, Economic Development Coordinator and Nell
Selander, Deputy Director, Economic & Community Development Department)
Economic Development Coordinator Lappen presented the report and provided an overview of the
proposed ordinance. He indicated that According to the City's Business License database, South
San Francisco is home to approximately 200 eating and drinking establishments. Since
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implementation of the Shelter -In -Place (SIP) order in March 2020, restauranteurs have not been
able to operate in a traditional fashion (indoor dining, banquets and catering) and have lost
significant revenues. For many restaurants in South San Francisco, catering services amounts to 60
to 70% of their revenues during normal times. They cater events, meetings, and meals for corporate
clients East of 101, as well as community events like festivals, weddings, and family reunions. Even
when the SIP order is lifted, many of the City's restaurants will not see an immediate return to
normalcy if employees do not return to their offices east of 101.
Since the beginning of the pandemic, City staff and the South San Francisco Chamber of Commerce
have been surveying businesses to find out how the City can help them survive the uncertainty
presented by COVID-19. Some of the businesses, such as Denny's and Gunther's, are able to
capitalize on private outdoor space adjoining their restaurants (namely, parking lots) to offer
outdoor dining, in accordance with the County's regulations. However, many businesses do not
have access to this resource and are relying on delivery and pickup to generate revenue. Most of
these restaurants use third -party delivery services to receive and process orders because doing so
provides a nearly immediate ability to receive orders online and fulfill them using the third -party
services' fleet of delivery drivers.
Many consumers are eager to support local restaurants and are using third -party delivery services to
place orders with those restaurants. These third -party delivery services have experienced an uptick
in the use of their services during the COVID-19 emergency. DoorDash, Uber Eats, and Grubhub
are the primary service providers for South San Francisco restaurants and each own smaller
subsidiary companies the public may be familiar with (such as Caviar, Seamless, and Postmates).
Each service offers a different model, fee structure, commission package, and programs to help
restaurants reach their customers through online ordering with pick-up and delivery options.
Adopting an urgency ordinance imposing a commission cap of 15% of the order subtotal for
deliveries and 10% of the order subtotal for pick-up orders. The delivery services may provide their
services at a lower rate - particularly for pick-up orders - to compete for business amongst
themselves. These caps apply to the provision of the three services described above: 1) listing and
processing; 2) delivery (if applicable); and 3) marketing. Additionally, it was recommended that the
commission cap expire six (6) months after the resumption of in -restaurant dining in San Mateo
County. Relatedly, the ordinance also prohibits the food delivery service provide to reduce the
compensation, including any tip or gratuity, paid to any of their workers as a result of these caps
imposed.
The proposed legislation furthers the significant and legitimate public purpose of easing the
financial burden on struggling restaurants during this public health emergency, reducing the
commission they pay from roughly 25% or 30% down to 15%, while not unduly burdening third -
party delivery services. The proportion of commission to order total allows for a reasonable return
for the restaurant. Restaurants and delivery service providers alike acknowledge that the
commission rate of 25% to 30% may have been sustainable when a restaurant was operating at full
capacity prior to COVID and delivery made up a small portion of their overall sales, but that during
today's climate, it may not be.
If a restaurant or food delivery service worker alleges that a delivery service provider has violated
the caps imposed under the urgency ordinance, the individual or restaurant would have the ability to
file a civil action in court to seek damages or injunctive relief to stop the violation from continuing
to occur. The ordinance does require that a notice of alleged violation be first given to the food
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delivery service provider, who will have seven business days to cure any alleged violations (such as
issuing a refund or adjusting their mobile applications for ordering), before a civil action may be
filed.
Public comment in support received from Liza Normandy, Chief Executive Officer, South San
Francisco Chamber of Commerce.
Councilmember Matsumoto requested bilingual outreach.
Councilmember Nicolas expressed her support of the proposed ordinance and inquired about the
negotiated 10% fee. Economic Development Coordinator Lappen indicated that businesses agreed
with 10%. Economic and Community Development Deputy Director Selander provided an
overview of the current prices and the negotiated 10% cap in fees.
Councilmember Nagales expressed his support in helping small businesses and requested
clarification on the 6 -month sunset and cap.
City Attorney Woodruff provided an overview of the proposed urgency, including the sunset date
tied to the current emergency event. He indicated that the Council could re-evaluate the ordinance at
a future date and extend as deemed appropriate by amending the language in Section 4: Effective
Date and Term.
Mayor Garbarino supports the amendment to include language allowing the Council to extend time
and review as needed. The Council supports the proposed amendment.
Motion— Councilmember Matsumoto/Second – Councilmember Nicolas: to approve Urgency
Ordinance 1603-2020 establishing a temporary cap on commissions charged by third party delivery
services on local restaurants during the COVID-19 pandemic, with minor amendments, by roll call
vote: AYES: Councilmembers Matsumoto, Nicolas, and Nagales, Vice Mayor Addiego and Mayor
Garbarino; NAYS: None; ABSENT: None; ABSTAIN: None.
ADMINISTRATIVE BUSINESS
12. Staff report regarding Resolution No. 104-2020 approving a Grant of Easements for a public
ingress and egress easement and a no -build easement through the Caltrain Station Plaza (296
Airport Boulevard) to allow the development of 200 Airport Boulevard and a Maintenance
and Encroachment Agreement and authorizing the City Manager to execute the Grants of
Easements, the Maintenance and Encroachment Agreement, and all related documents.
(Jason Hallare, Senior Civil Engineer)
Senior Civil Engineer Hallare presented the report and provided an overview of the grant of
easements. He indicated that the Fairfield Residential is constructing a new mixed-use building at
200 Airport Boulevard adjacent to the City owned parcel at 296 Airport Boulevard which is being
reconstructed into the Caltrain Station west plaza. The Developer requires two easements over the
City's parcel, and in return, will be providing a payment, construction, and maintenance.
The 200 Airport Boulevard development will have retail frontages facing the Plaza and requires a
public access easement of approximately 1,000 square feet in order for patrons to access them
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through the Plaza. The Plaza was redesigned to accommodate these retail frontages with a
hardscaped patio area and surrounding landscaping. The public access easement area will include a
patio area.
To comply with building codes and fire codes, the development requires building clearances along
the perimeter which include area over the City's parcel. A no -build easement of approximately
5,190 square feet is required to ensure these clearances will be provided in perpetuity. The no -build
easement area will be provided along the border of 200 Airport Boulevard and the City's parcel.
To compensate the City for these easements, the Developer agreed to provide payment, construct a
portion of the Plaza, and perform ongoing maintenance for a portion of the Plaza. The Developer
has agreed to provide an additional $120,000 payment to partially offset the City's costs for
constructing and maintaining the Plaza as part of the separate Community Benefits Agreement. The
Developer agreed to install the hardscape patio area on the City's behalf to ensure the new
hardscape patio conforms to the development's building. Additionally, the Developer agreed to
expand the maintenance obligations that they previously agreed to in a prior version of the
Maintenance and Encroachment Agreement. The prior version of the agreement was approved by
the City Council on May 13, 2020. The expanded maintenance obligations include maintenance of
the hardscape patio area and the landscape surrounding it. These expanded maintenance obligations
have been memorialized in an updated Maintenance and Encroachment Agreement.
Councilmember Matsumoto requested clarification on attachment 4 referencing crosswalks and
pedestrian safety. Senior Civil Engineer Hallare indicated that the area would be a No Parking red
zone.
Vice Mayor Addiego inquired about the additional $120k for construction and on-going
maintenance. Senior Civil Engineer Hallare clarified that the $120k would be towards the cost of
construction or maintenance. Vice Mayor Addiego thanked the staff for their efforts in negotiating
benefits for the community.
Public comment received from Ed McCoy, Senior Vice President, Fairfield Residential
Development.
Motion— Vice Mayor Addiego/Second – Councilmember Nicolas: to approve Resolution No. 104-
2020 approving a Grant of Easements for a public ingress and egress easement and a no -build
easement through the Caltrain Station Plaza (296 Airport Boulevard) to allow the development of
200 Airport Boulevard and a Maintenance and Encroachment Agreement and authorizing the City
Manager to execute the Grants of Easements, the Maintenance and Encroachment Agreement, and
all related documents, by roll call vote: AYES: Councilmembers Matsumoto, Nicolas, and Nagales,
Vice Mayor Addiego and Mayor Garbarino; NAYS: None; ABSENT: None; ABSTAIN: None.
13. Report regarding Resolution No. 105-2020 on Social and Racial Equity in South San
Francisco, declaring racism as a public health crisis. (Ashley Crociani, Intern -City
Manager's Office)
Ms. Crociani presented the report and indicated that City Council met on August 12, 2020 and
discussed creating a resolution to address systemic racism. Mayor Rich Garbarino appointed
Councilmembers Nagales and Nicolas to an ad hoc committee to develop a resolution to reaffirm
the City of South San Francisco's support for racial and social justice.
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The subcommittee met and collaboratively developed this resolution on racial and social equity with
research from various cities in California. When creating this resolution, the subcommittee
referenced the resolutions from Change SSF, as well as the cities of Coachella, Los Angeles, San
Mateo, Redwood City, Menlo Park, and San Bernardino.
Public comment in support received from Aristel Delacruz, Russell, and Liliana Rivera.
The Council expressed their support of the proposed resolution and their solidarity in advancing
social and racial equity. Minor amendment to the second declaration to read, "We commit".
Motion— Councilmember Nicolas/Second – Councilmember Nagales: to approve Resolution No.
105-2020 on Social and Racial Equity in South San Francisco, declaring racism as a public health
crisis, with amendment to second declaration, by roll call vote: AYES: Councilmembers
Matsumoto, Nicolas, and Nagales, Vice Mayor Addiego and Mayor Garbarino; NAYS: None;
ABSENT: None; ABSTAIN: None.
14. Report regarding Resolution No. 106-2020 awarding a construction contract to Graham
Contractors, Inc of San Jose, California for the 2020 Surface Seal Project (Project No.
st2103) in an amount not to exceed $2,145,317.45 and authorizing a total construction
budget of $2,510,317.45 (Angel Torres, Senior Civil Engineer)
Senior Civil Engineer Torres presented the report and provided an overview of the project.
Councilmember Matsumoto expressed her support of the project and inquired about the staffs
determination of project locations. She suggested creating an online database for residents to view
and obtain the status of future repairs. Senior Civil Engineer Torres explained the process and rating
criteria. He indicated that staff was working to develop a program that would allow the public to
view their streets' status on future rehabilitation projects.
Councilmember Nagales inquired about Paradise Valley speed pillows and the outreach to the
neighborhood. He supports the placement of resurfacing information for the public to view. City
Manager Futrell provided an overview of the Paradise Valley community meetings and noted the
residents' desire to install speed pillows to address speeding in the area.
Motion— Councilmember Nicolas/Second – Councilmember Nagales: to approve Resolution No.
Resolution No. 106-2020 awarding a construction contract to Graham Contractors, Inc of San Jose,
California for the 2020 Surface Seal Project (Project No. st2103) in an amount not to exceed
$2,145,317.45 and authorizing a total construction budget of $2,510,317.45, by roll call vote:
AYES: Councilmembers Matsumoto, Nicolas, and Nagales, Vice Mayor Addiego and Mayor
Garbarino; NAYS: None; ABSENT: None; ABSTAIN: None.
15. Report regarding Resolution No. 107-2020 renaming Columbus Day in the City of South
San Francisco. (Ashley Crociani, Intern -City Manager's Office)
Ms. Crociani presented the report and indicated that Columbus Day was one of ten federal holidays
recognized in the United States, celebrated every second Monday of October. It is observed by the
City of South San Francisco, and is included as a paid holiday in the existing Memorandums of
Understanding of represented employee groups. Traditionally the holiday commemorates the arrival
of Christopher Columbus in the Americas, although for many people it has come to represent the
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contributions of Italian Americans. In recent years the history of the Columbus expedition has been
interpreted within the context of the enslavement and decimation of local populations, and the path that was
opened for European colonization of lands inhabited by native people.
The observance of Columbus Day was agendized for discussion at a City Council Study Session on July 21,
2020. Councilmembers acknowledged the many important contributions of Italian Americans, but also noted
that the history of native peoples has not been accurately represented nor fully recognized. Consideration was
also given to celebrating the ethnic diversity of South San Francisco, as well as its rich history as the
"Industrial City." Several names were suggested as alternatives to honoring Columbus as a hero, including
the following: Indigenous People's Day, Native American Day, Ethnic Diversity Day, Ethnic Heritage Day,
and Industrial City Day. Changing the name of this holiday will not have any material impact on the City's
Memorandum of Understanding (MOU) agreements with employee bargaining groups. Employee groups
were notified of the proposed change and invited to share any input or concerns; those that responded were
supportive.
Public comment in support received from Aristel Delacruz, Monique Ray, Russell, and Eddy
Holman.
The Council thanked Vice Mayor Addiego for bringing forward this change and expressed their
support for renaming it "Indigenous People's Day."
Motion— Vice Mayor Addiego/Second – Mayor Garbarino: to approve Resolution No. 107-2020
renaming Columbus Day in the City of South San Francisco to Indigenous People's Day, by roll
call vote: AYES: Councilmembers Matsumoto, Nicolas, and Nagales, Vice Mayor Addiego and
Mayor Garbarino; NAYS: None; ABSENT: None; ABSTAIN: None.
16. Report regarding Resolution No. 108-2020 awarding a consulting services agreement to
WSP of San Francisco, California for Phase 1 advisory services in forming a public private
partnership for a new Downtown parking garage in an amount not to exceed $366,325 and
authorizing the City Manager to proceed with amending the scope and approving additional
budget for a potential Phase 2 of the project including procurement. (Heather Ruiz,
Management Analyst I)
Management Analyst Ruiz presented the report and provided an overview of the project. In 2016, a
parking study was conducted by CDM Smith to review the existing parking conditions and parking
forecast demands in the downtown area. The parking study found that by 2026 an additional 228
parking spaces would be needed in Downtown South San Francisco during the lunch hour (12:00 to
1:00 p.m.) and dinner rush (6:00 to 8:00 p.m.). These findings were validated by Kimley-Horn in
November 2017. That 2017 study also found that parking occupancy rates in the Downtown will
generally continue to increase. To accommodate this parking demand, Kimley-Horn recommended
constructing a second public parking garage south of Grand Avenue.
Kimley-Horn and City staff first explored possible sites along Baden Avenue, specifically, the Old
Firehouse (201 Baden) and Parking Lots 5 and 12 (on the 300 block of Baden). Both sites, however,
were deemed infeasible due to inefficient dimensions to construct a garage and high costs
associated with land acquisition, respectively. Staff then began looking at other City -owned
properties in and around the Downtown that might be big enough to accommodate a new, efficient,
and cost effective garage. It was at this time that the City Hall parking lot was identified. Although
not a preferred site due to its proximity to Miller Parking Garage, it has the most potential to add
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additional parking because the City already owns the property, and it is large enough to support an
efficient design.
In May 2019, staff commissioned Watry Design, Inc. to provide five conceptual designs,
construction cost estimates, and a parking pricing analysis for the City Hall parking lot site. At their
October 22, 2019 study session, the City Council gave staff direction to advance two conceptual
design options. Based on the comprehensive proposal, interview, response to the scope and price
exercise, and overall understanding of the project and the City's needs, WSP demonstrated they
have the capacity, staffing availability, and expertise to best provide the P3 advisory services.
Therefore, staff recommended Council award the contract to WSP.
Management Analyst Ruiz indicated that selection of consulting services is not based on the lowest
bidder, but on the firm's expertise, experience, and references. Once the most qualified firm is
determined, staff negotiates a fee proposal and any changes deemed necessary to obtain a
reasonable cost for the scope of work. Because these projects are locally funded, there are no
Disadvantaged Business Enterprise (DBE) requirements.
Councilmember Matsumoto inquired about repurposing the garage for long term parking and the
current parking for short term due to the distance from the downtown corridor. City Manager Futrell
provided an overview of the proposed project and indicated that the firm would re-evaluate the
staff s recommendation.
Councilmember Nicolas shared her concerns with parking in the downtown corridor and expressed
her support for the project.
Public comment received from Elle and Russell.
City Manager Futrell indicated that the staff continued to explore parking concerns. Councilmember
Matsumoto expressed her support of public, private partnerships. City Manager Futrell stated that
the City would partner with a private developer.
Councilmember Nagales inquired about funding and the use of general fund dollars. City Manager
Futrell clarified funding and stated that the project would use no city funds for the initial phase.
Councilmember Nicolas inquired about the use of parking fees and their use. City Manager Futrell
provided an overview of funds and restrictions.
Vice Mayor Addiego shared his concern with the project due to local businesses impacted by the
pandemic and expressed his desire to wait one year before moving forward with the project.
Motion— Councilmember Nicolas/Second – Councilmember Matsumoto: to approve Resolution
No. 108-2020 awarding a consulting services agreement to WSP of San Francisco, California for
Phase 1 advisory services in forming a public private partnership for a new Downtown parking
garage in an amount not to exceed $366,325 and authorizing the City Manager to proceed with
amending the scope and approving additional budget for a potential Phase 2 of the project including
procurement, by roll call vote: AYES: Councilmembers Matsumoto, Nicolas, and Nagales, Vice
Mayor Addiego and Mayor Garbarino; NAYS: None; ABSENT: None; ABSTAIN: None.
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ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMNTS
None
ADJOURNMENT
Being no further business, Mayor Garbarino adjourned the meeting in memory of Roy Bava, Tony
Khorozian, and Peter de Pascua, at 9:43 p.m.
Respectfully submitted by:
/osa Govea Acosta, CMC, CPMC
City Clerk
Approved by:
Richard Garbarino
Mayor
Approved by the City Council: /y / AF / °Z0"?,0
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