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administratively or issue administrative citations, fines for violation of the ordinance. He believes the ordinance is clear enough as it exists but if the City Council wants to clarify it further they could bring it back to the next meeting for another second reading. In response to Councilmember Testa, City Attorney Sodergren explained if the restaurant wants to stay at the 15% cap, but the contractor wants to charge a higher amount, the restaurant would have to give the food delivery service notice of the ordinance and notice of the 15% cap it wants in place. If the food delivery services do not comply the restaurants could bring a civil action and cite the ordinance as a cause of action. In response to Councilmember Narum, City Attorney Sodergren confirmed a restaurant could choose not to use a particular delivery service. Councilmember Balch noted the second element is the time frame of one year versus six months. He expressed concern that City Council cannot predict 2022 and have an ordinance go that far. Councilmember Balch moved to amend that Section 1 of the ordinance now read "except that if the requirements of Section 3, Subsection 1 of urgency ordinance number 2211 do not apply to a third -party food delivery service that offers any covered establishment the option to obtain delivery services for a total fee including the delivery fee and any other fees not to exceed 15% of the purchase price of the online order' and that the ordinance is amended to be a six months continuance from the date of adoption. Councilmember Arkin seconded the motion. MOTION: It was m/s by Balch/Arkin to approve Item 5 on the Consent Calendar as recommended and as noted. Motion passed by the following vote: Ayes: Councilmembers Arkin, Balch, Testa Noes: Councilmembers Narum, Mayor Brown Absent: None City Attorney Sodergren clarified the item will be on the Consent Calendar at the City Council meeting of September 211 as amended. MEETING OPEN TO THE PUBLIC 13. Presentation of Commendation recognizing the community's support in the search for Philip Kreycik Mayor Brown reported the help and support from the community was tremendous including hundreds of residents, the Pleasanton Police Department (PPD), the East Bay Regional Park District Officers, and Alameda County Sheriffs Department as well as restaurants and businesses that supported the family and those involved in the search. Councilmember Arkin read the commendation. Sandy Schneider noted she was honored to be accepting the commendation on behalf of the hundreds of volunteers from the Bay Area and thanked the City Council for the commendation and also the different agencies that were responsible for the formal effort of finding Phil Kreycik. Jen Yao noted she was grateful for the Pleasanton community and every individual who came to help. She thanked everyone who contributed and cared. City Council Minutes Page 4 of 16 September 7, 2021