HomeMy WebLinkAbout07-21-2003 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, JULY 21,2003 - 1:30 P.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters.
CALL TO ORDER:
PRESENT:
ABSENT:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to "share" his/her three minutes with any other
member of the public.
CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and the Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
San Bernardino Residents for Responsible Development v. City of San
Bernardino - San Bernardino Superior Court Case No. SCVSS 080404;
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-107 RT (RNBx).
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07/21/2003
1. Continued.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9
Neighbors of San Manuel Tribe v. City
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. Allan Steward and Gil Lara
City v. San Manuel Band of Serrano Mission Indians
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
1. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Officers' Association
2. Ne!:otiator:
Linn Livingston, Human Resources Director
Employee Or!:anization:
San Bernardino City Professional Firefighters
(Item Continued on Next Page)
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07/21/2003
1. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1. Property Address: Water Department Parcel No. 0155-361-25
(136.4 acres) and Redevelopment Agency
Parcel No. 0155-381-45 (8.12 acres)
Negotiating Parties: Bernie Kersey on behalf of the Water
Department, Gary Van Osdel on behalf
of the Redevelopment Agency and James
R. Watson on behalf of Watson &
Associates
Under Negotiation: Purchase price, terms & conditions
END OF CLOSED SESSION
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07/21/2003
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its nonnal
sequence on the agenda. Infonnation concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
24, be adopted except for _, _, _, _, and _.
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council/Community Development
Commission be waived.
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07/21/2003
6. Council Minutes.
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission, be
approved as submitted in typewritten form:
June 26,2003
June 30, 2003
(Distributed on 7/8/03)
(Distributed on 7/8/03)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated July 14, 2003, from
Barbara Pachon, Director of Finance, be approved.
8.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated July 15, 2003, in accordance with Civil Service rules and
Personnel policies adopted by the Mayor and Common Council of
the City of San Bernardino, be approved and ratified.
City Administrator
9. Set a public hearing to consider a resolution adjusting various fees. (Documents
not available at time of printing.)
MOTION: That the Mayor and Common Council set a public hearing for
Monday, August 4, 2003, at 4:00 p.m. in the City Hall Council
Chambers to consider adjusting various fees.
City Clerk
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Clerk to enter into a professional services agreement,
software license agreement and software maintenance agreement with
Progressive Solutions, Inc. to install Licensetrack1M and Ca$hierCentral1M
software to replace the Business Registration Division's licensing system and to
provide revenue enhancement services. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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07/21/2003
City Treasurer
11. Resolution of the Mayor and Common Council of the City of San Bernardino
acknowledging the receipt and filing of the annual Statement of Investment
Policy for the period July 1, 2003 through June 30, 2004. (See Attached) (No
cost to the City.)
MOTION: That said resolution be adopted.
Code Compliance
12. Resolution of the City of San Bernardino authorizing extension of the existing
purchase orders to Larry Jacinto Farming and Scott Tractor Service for a
maximum of $130,000 in the aggregate to perform weed abatement services for
Fiscal Year 200312004. (See Attached) (Cost to the City -- $130,000 from the
General Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
13. Resolution of the City of San Bernardino objecting to the August 2003 tax sale
of properties with City Assessments. (See Attached) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted.
Development Services
14. Authorization to proceed, approval of plan, and resolution of the City of San
Bernardino declaring its intention to order the vacation of portions of
Laurelwood Drive, east of Orchard Drive and Orchard Drive, north and south
of Laurelwood Drive. (See Attached) (No cost to the City.) Ward 3
Resolution of the City of San Bernardino declaring its intention to order the
vacation of portions of Laurelwood Drive, east of Orchard Drive and Orchard
Drive, north and south of Laurelwood Drive. (Resolution not available at
time of printing.)
MOTION: That the Director of Development Services be authorized to
proceed with the proposed vacation of portions of Laurelwood
Drive, east of Orchard Drive and Orchard Drive, north and south
of Laurelwood Drive and that Plan No. 10755, depicting the
proposed vacation be approved; and that said resolution be
adopted.
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07/21/2003
15. Resolution of the City of San Bernardino authorizing the Mayor to execute
Amendment No. 5 to Agreement with Architect Milford Wayne Donaldson,
FAIA, Inc., for bidding assistance/construction observation for the renovation
and retrofit of the San Bernardino Santa Fe Depot. (Documents not available
at time of printing. (Cost to the City -- $100,000 from the Federal and
State Programs Fund.) Ward 1
MOTION: That said resolution be adopted.
Economic Development A~ency
16. 303 West Third Street - HUD 108 Loan Agreement. (See Attached) Ward 1
MOTION: That the Mayor be authorized to modify the 20-Year Loan
Commitment Schedule for the 303 West Third Street HUD 108
Loan by adding one additional year of interest only payments.
Facilities Mana~ement
17. Resolution of the Mayor and Common Council of San Bernardino authorizing
the issuance of a purchase order to SCR Group, Inc. dba Southern California
Roofing Company for reroofing and roofing repairs to Delmann Heights
Community Center and Galaxy Gymnasium, and authorizing the issuance of a
purchase order to Reycrest Roofing and Waterproofing Company for reroofing
and roof repairs to Hernandez Community Center and Galaxy Community
Center. (See Attached) (Cost to the City -- $550,000 from the Park
Construction Fund) (Resolution not available at time of printing.)
Wards 1&6
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to appropriate $550,000 from the Park
Construction Fund for FY 2003/04 as outlined in the staff report.
18. Approval of plans and design for Fire Station No. 232, to be built in the
Verdemont area, and authorization for the City Engineer to solicit bids for
construction. (See Attached) (Cost to the City -- $2,000,000 from a
California Infrastructure Bank Loan. ) Ward 5
MOTION: That the plans and design for the Verdemont Fire Station No. 232
be approved, and that the City Engineer be authorized to solicit
bids for construction.
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07/21/2003
Finance
19. Resolution of the Mayor and Common Council of the City of San Bernardino to
enter into a Lease-Purchase Agreement with Sun Trust Leasing to refinance the
existing Lease-Purchase Agreements with Banc One, GE Capital, and
Commercial Leasing for all outstanding fire apparatus leases and refuse truck
leases and authorize execution of appropriate documents. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Human Resources
20. Resolution of the City of San Bernardino approving an agreement with Liebert
Cassidy Whitmore for labor relations training services. (See Attached) (Cost to
the City -- $1,925 from the General Fund.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
21. Resolution awarding a purchase order in the amount of $96,989.56 to California
Structural Contractors for purchase and installation of one Litchfield 36 foot
Rainbow Band Shelter at Anne Shirrells Park in accordance with attached
description and drawings. (See Attached) (Cost to the City -- $96,989.56 from
the Park Construction Fund.) (Resolution not available at time of printing.)
Ward 6
MOTION: That said resolution be adopted.
Police
22. Authorize execution of subpoena for production of telephone records relative to
a Police Internal Affairs Investigation. (See Attached) (No cost to the City.)
MOTION: That the Mayor be authorized to execute, and the City Clerk to
attest, the attached subpoena for the telephone records of Verizon
California, Inc.
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07/21/2003
23. Resolution of the City of San Bernardino authorizing the transfer of two (2)
older model Police vehicles to the Inland Valley Development Agency
(I. V.D.A.)/San Bernardino International Airport Authority (S.B.I.A.A.), for the
use by the Airport Security Force. (See Attached) (Cost to the City -- $5,000
to $6,000 in unrealized revenue to the General Fund.)
MOTION: That said resolution be adopted.
Water Department
24. A Resolution of the Mayor and Common Council of the City of San Bernardino,
successor to the South San Bernardino County Water District, assessing
properties within the previous District boundaries in the amount of $12,362.50
for the Fiscal Year 200312004. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Ways and Means Committee on July 9,
2003 - Committee Members present: McCammack, McGinnis and Derry
25. Request for waiver of fees by The Gents Organization for the 2003 "Fiesta
Route 66" at Nunez Park on September 13, 2003. (See Attached) (Cost to the
City -- $9,243 from the General Fund.) Ward 1
MOTION: That indirect funding in the amount of $9,243 be transferred from
the FY 2003/04 Civic and Promotion Fund to various City
departmental accounts as listed in the staff report; and that a
waiver of fees and use of City personnel and equipment be
authorized to assist in the 2003 "Fiesta Route 66" event
scheduled for September 13, 2003.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an agreement with the City of San Bernardino and the Little League
Baseball, Inc., Western Regional Headquarters for financial assistance from the
Civic and Promotion Fund for FY 2003/04. (See Attached) (Cost to the City --
$5,000 in direct funding, and $33,416 in indirect funding from the General
Fund.) Ward 5
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07/21/2003
26. Continued.
MOTION: That said resolution be adopted; that direct funding in the amount
of $5,000 from the FY 2003/04 Civic and Promotion Fund be
approved; that indirect funding in the amount of $33,416 be
transferred from the FY 2003/04 Civic and Promotion Fund to
various City departmental accounts as listed in the staff report;
and that a waiver of fees and use of city personnel and equipment
be authorized to support Little League Baseball, Inc., Western
Regional Headquarters, in the conduct of their 2003 tournament
season.
Recommended for approval at the Grants Committee on July 15, 2003 -
Committee Members present - McCammack and Estrada
27. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying submittal an application and accept the FY 03/04 Enhancement of
Community Policing Grant from the U.S. Department of Justice. (See Attached)
(No cost to the City -- $250,000 in grant funding requested.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
City Administrator
TO BE HEARD AT 4:00 P.M.
28. Public hearing - An Ordinance granting to Southern California Gas Company, a
corporation, its successors and assigns, the right, privilege and franchise to lay
and use pipes and appurtenances for transmitting and distributing gas within said
municipality. (See Attached) (No cost to the City - additional revenue of
$140,000 - $400,000 to the General Fund) All Wards
An Ordinance of the City of San Bernardino granting to Southern California Gas
Company, a corporation, its successors and assigns, the right, privilege and
franchise to lay and use pipes and appurtenances for transmitting and
distributing gas for any and all purposes under, along, across or upon the public
streets, ways, alleys and places, as the same now or may hereafter exist, within
said municipality. FIRST READING (Ordinance not available at time of
printing.)
(Item Continued on Next Page)
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07/21/2003
28. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said ordinance be laid over
for final adoption.
City Clerk
TO BE HEARD AT 4:00 P.M.
29. Public hearing - Resolution of the City of San Bernardino imposing liens on real
property located within the City of San Bernardino for uncollected business
registration fees. (See Attached) (No cost to the City.)
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties from Exhibit A, which
have been paid prior to the hearing; and that said resolution be
adopted.
Development Services
TO BE HEARD AT 4:00 P.M.
30. Public hearing - Resolution of the City of San Bernardino changing the name of
a portion of State Street to Norm Johnson Way, south of Highland Avenue to 5th
Street in the City of San Bernardino. (See Attached) (No cost to the City.)
Ward 6
Resolution of the City of San Bernardino changing the name of a portion of
State Street to Norm Johnson Way, south of Highland Avenue to 5th Street in the
City of San Bernardino. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing relative to the street name change of a portion of
State Street to Norm Johnson Way, south of Highland Avenue to
5th Street, be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
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07/21/2003
STAFF REPORTS
City Administrator
31. Resolution authorizing the City of San Bernardino to establish 2003-2004
expenditures for the month of August only, at one-twelfth the proposed levels
contained in the Preliminary Detail Budget for the 2003-2004 Fiscal Year, or as
needed to pay the authorize costs incurred for the month of August, 2003 only,
pending final approval of the 2003-2004 Budget. (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Le~islative Review Committee on July 8,
2003 - Committee Members present: Lon~ville and McGinnis
32. An Ordinance of the City of San Bernardino adding Section 10.24.230 to the
San Bernardino Municipal Code relating to requiring registration to participate
in Route 66 Cruising Events. FIRST READING (See Attached) (No cost to
the City.)
MOTION: That said ordinance be laid over for final adoption.
Recommended for approval at the Le~islative Review Committee on July 8,
2003 - Committee Members present: Lon~ville and McGinnis
33. An Ordinance of the City of San Bernardino adding Chapter 9.92 to the San
Bernardino Municipal Code to establish an administrative citation process for
Code Enforcement violations. FIRST READING (See Attached)
MOTION: That said ordinance be laid over for final adoption.
Library
34. Resolutions submitting to the qualified electors of said City a ballot measure
relating to a special tax for ten years to help fund the City's Libraries and
calling a special municipal election be consolidated with the November 4, 2003
consolidated election conducted by the County of San Bernardino. (Documents
not available at time of printing.)
(Item Continued on Next Page)
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07/21/2003
34. Continued.
A. Resolution of the City of San Bernardino submitting to the qualified
electors of said City for their approval a ballot measure relating to a
special tax for ten years to help fund the City's Libraries; transmission of
the proposed ballot measure to the Office of the City Attorney for
purposes of preparation of an impartial analysis. (Resolution not
available at time of printing.)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Municipal Election on a ballot measure
relating to a special tax for ten years to help fund the City's Libraries
and requesting that said City of San Bernardino's Special Municipal
Election be consolidated with the November 4, 2003 Consolidated
Election conducted by the County of San Bernardino. (Resolution not
available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
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07/21/2003
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, JULY 21,2003 - 7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
35. Conditional Use Permit No. 03-01 - Appeal of Planning Commission's
approval to establish a supper club/nightclub at 911 S. "E" Street in the CG-l,
Commercial General, land use district. (Documents not available at time of
printing.) Ward 3
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council deny the appeal and uphold the Planning Commission's
approval of Conditional Use Permit No. 03-01, based on the
Findings of Fact in the Planning Commission staff report, subject
to the Conditions of Approval and Standard Requirements; or
MOTION #2: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal and deny Conditional Use Permit No.
03-01 and continue for two weeks for Development Services to
bring Findings of Fact to the Council.
TO BE HEARD AT 7:00 P.M.
36. Appeal hearing - Appeal No. 03-05 - request to overturn the Planning
Commission's denial of Tentative Parcel Map No. 15893, to subdivide 6.64
acres into four parcels with a minimum lot size of 1.0 acre - property is located
at 7585 N. Martin Ranch Road - northwest corner of Meyers Road and Martin
Ranch Road. (See Attached) Ward 5
(Item Continued on Next Page)
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07/21/2003
36. Continued.
Appellant/ Owners:
Dennis & Monica Soares
7575 Martin Ranch Road
San Bernardino, CA 92407
Request/Location: The appellant is appealing the Planning Commission's denial
of Tentative Tract Map No. 15893, a request to subdivide a 6.64-acre lot into
four parcels with a minimum lot size of 1.0 acre, and no construction of houses
proposed with the subdivision request. The property is located at 7585 N.
Martin Ranch Road, at the northwest corner of Meyers Road and Martin Ranch
Road, in the RE, Residential Estate, land use district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Planning Commission's
denial of Tentative Tract Map No. 15893 (Subdivision No. 02-
04), be upheld.
TO BE HEARD AT 7:00 P.M.
CONTINUED FROM JUNE 16, 2003
37. Public hearing - reconsideration of Conditional Use Permit No. 02-10 and
Variance No. 02-07 - including a reduction of the required number of parking
spaces by two for the proposed Wendy's Restaurant at the southeast corner of
Rosewood and Tippecanoe Avenues. (See Attached) Ward 3
MOTION: That the hearing be closed; and that the Mayor and Common
Council approve Conditional Use Permit No. 02-10 and Variance
No. 02-07, including a reduction of the required number of
parking spaces by two and excluding Condition No. 12 of the
Conditions of Approval which references a reciprocal parking
agreement for the proposed Wendy's Restaurant at the southeast
corner of Rosewood and Tippecanoe Avenues in the CG-l,
Commercial General, land use district based upon the Revised
Findings of Fact contained in the Mayor and Common Council
Staff Report dated December 2, 2002.
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07/21/2003
TO BE HEARD AT 7:00 P.M.
38. Public hearing - Development Permit III No. 03-05 & Variance No. 03-04, to
allow the construction of the Verdemont Fire Station on the east side of Palm
Avenue, north of Kendall Drive. (See Attached) (No cost to the City.)
Ward 5
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council adopt the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program and approve Development Permit
III No. 03-05 and Variance No. 03-04 based on the Findings of
Fact contained in the staff report, subject to the Conditions of
Approval (Exhibit 3) and Standard Requirements (Exhibit 4).
END OF PLANNING ITEMS
39. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute
limitation shall apply to each member of the public who wishes to address the
Mayor and Common Council/Community Development Commission on a matter
not on the agenda. No member of the public shall be permitted to "share"
his/her three minutes with any other member of the public. (Usually any items
heard under this heading are referred to staff for further study, research,
completion and/or future Council/Commission action.)
40. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday,
August 4, 2003, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
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07/21/2003
NOTICE: Any member of the public may address this meeting of the Mayor
and Common Council/Community Development Commission on any
item appearing on the agenda by approaching the microphone in the Council
Chambers when the item about which the member desires to speak is called and
by asking to be recognized.
Any member of the public desiring to speak to the Mayor and Common
Council/Community Development Commission concerning any matter not on
the agenda but which is within the subject matter jurisdiction of the Mayor and
Common Council/Community Development Commission, may address the body
at the end of the meeting, during the period reserved for public comments.
Said total period for public comments shall not exceed forty-five (45) minutes,
unless such time limit is extended by the Mayor and Common
Council/Community Development Commission. A three minute limitation
shall apply to each member of the public, unless such time limit is extended by
the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to "share" his/her three minutes with
any other member of the public.
The Mayor and Common Council/Community Development Commission may
refer any item raised by the public to staff, or to any commission, board,
bureau, or committee for appropriate action or have the item placed on the next
agenda of the Mayor and Common Council/Community Development
Commission. However, no other action shall be taken nor discussion held by
the Mayor and Common Council/Community Development Commission on any
item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section
54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public
hearing has been conducted and closed.
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