HomeMy WebLinkAbout09-05-2006 Reg. Agenda
Mayor Patrick J. Morris
CITY OF SAN BERNARDINO
Council Members:
Esther Estrada
300 N. “D” Street
Dennis J. Baxter
San Bernardino, CA 92418
Vacant
Neil Derry
Website: www.sbcity.org
Chas Kelley
Rikke Van Johnson
Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, SEPTEMBER 5, 2006 – 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. (Community Development Commission Items
are on pages 14 & 15.)
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.
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1
CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel – existing litigation – pursuant to
Government Code Section 54956.9(a).
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:
Claim filed by City of Riverside/Gage Canal Company
C. Conference with legal counsel – anticipated litigation – initiation of
litigation – pursuant to subdivision (c) of Government Code Section
54956.9.
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.
(Item Continued on Next Page)
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1. Continued.
G. Conference with real property negotiator – pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1. Property Address: 396 North “E” Street, San Bernardino
APN: 0134-221-45 and 46
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Central City Commerce Center;
Nick Coussoulis and wife; Dr. Jerome T.
Taurek and wife; Marie Jay, property
owners/sellers
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
09/05/2006
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RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
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 normal
sequence on the agenda. Information concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
35, 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 and Community Development
Commission, be waived.
6. Council Minutes.
MOTION: That the minutes of the following meeting(s) of the Mayor and
Common Council/Community Development Commission be
approved as submitted in typewritten form:
July 10, 2006 (Distributed on 8/30/06)
July 24, 2006 (Distributed on 8/29/06)
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated August 10, 2006,
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 August 30, 2006 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.
LAID OVER FROM AUGUST 21, 2006
City Manager
9. An Ordinance of the City of San Bernardino amending Chapter 3.44 of the San
Bernardino Municipal Code concerning reduction in the Service User’s Tax
(Utility Tax) rate. FINAL READING (Backup material distributed on
August 21, 2006, Item No. 29.)
MOTION: That said ordinance be adopted.
City Manager
10. Resolution of the Mayor and Common Council of the City of San Bernardino,
California, consenting to the designation of the San Bernardino Regional Water
Resources Authority as the non-federal sponsor for the study project to be
undertaken by the U.S. Army Corps of Engineers. (See Attached) (Cost to
the City – none for this action.) All Wards
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of Amendment Number 4 to the Cooperative
Agreement between the City of San Bernardino and the San Bernardino
Associated Governments (SANBAG) for the San Bernardino Santa Fe Depot
Rehabilitation Project, Contract No. 04-040. (See Attached) (No cost to the
City -- $8,063,775 in funding will become available from SANBAG to be
used toward the construction of the Metrolink Parking Structure if
Amendment No. 4 is approved.) (Resolution not available at time of
printing.) Ward 1
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MOTION: That said resolution be adopted.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Mandel
E. Himelstein and the City of San Bernardino for hearing officer and/or
administrative law officer services. (See Attached) (Cost to the City --
$18,000 annually from the General Fund.) (Resolution not available at time
of printing.) All Wards
MOTION: That the Mayor and Common Council appoint Mandel E.
Himelstein as an Administrative Law Officer until August 31,
2008 pursuant to Chapter 9.92 of the Municipal Code; and that
said resolution be adopted.
13. Item Deleted.
14. Item Deleted.
Development Services
15. Resolution of the City of San Bernardino preliminarily determining that the
public convenience and necessity require the formation of a landscape
maintenance assessment district located in the Ohio Avenue and Pine Avenue
area without compliance with the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931; declaring its intention to proceed to order
work within the district, to be known as Assessment District No. 1047;
preliminarily approving the Engineer’s Report and giving notice of a public
meeting and public hearing. (See Attached) (No cost to the City -- $4,000
processing fee paid by applicant.) (Resolution not available at time of
printing.) Ward 5
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under SBMC 12.90, with the establishment
of a Landscape Maintenance Assessment District in the Ohio
Avenue and Pine Avenue area (Tract No. 16547), to be known as
Assessment District No. 1047; and that said resolution be
adopted.
16. Resolution of the City of San Bernardino amending Resolution No. 655 entitled,
in part, “A resolution… designating certain streets, or portions thereof as
through highways…” and establishing a four-way stop at the intersection of
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Grant Avenue and “J” Street. (See Attached) (Cost to the City -- $1,500
from the General Fund.) (Resolution not available at time of printing.)
Ward 3
MOTION: That said resolution be adopted.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute all Program Supplemental Agreements,
Fund Exchange Agreements, Fund Transfer Agreements and any amendments
thereto with the California Department of Transportation. (See Attached) (No
cost to the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Finance
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of Vendor Services Agreements for the provision of
photocopier equipment, supplies and maintenance with the following vendors:
Advanced Copy Systems; Canon Business Solutions; Burtronics Business
Systems; Ikon Office Solutions; Toshiba America Business Solutions; Konica-
Minolta Business Solutions and Xerox Corporation. (See Attached) (Costs for
these services have been budgeted in the adopted FY 06/07 Budget.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Fire
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to enter into an
Agreement with the County of San Bernardino to provide fire protection and
paramedic services to County unincorporated areas within the City of San
Bernardino’s sphere of influence from July 1, 2006, through June 30, 2011.
(See Attached) (Revenue to the City -- $487,000 for FY 06/07.) All Wards
MOTION #1: That said resolution be adopted.
MOTION #2: That the Mayor and Common Council reclassify three (3)
Firefighter P-1 positions ($4,824-$6,102) to Paramedic/
Firefighter P-2 ($5,572-$6,973); and
MOTION #3: That the Mayor and Common Council approve three (3)
Paramedic/Firefighter P-2 positions, to begin employment on
January 3, 2007, ($5,572-$6,973); and
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MOTION #4: That the Human Resources Department be directed to update
Resolution No. 6429, Section Three, to reflect this action; and
(Item Continued on Next Page)
19. Continued.
MOTION #5: That the Director of Finance be authorized to amend the FY
2006/2007 adopted budget and transfer $335,900 from the
General Government budget (Account No. 001-092-5502) to
various Fire Department personnel and operating accounts as
outlined in the staff report dated August 17, 2006, from Michael
J. Conrad, Deputy Fire Chief.
Human Resources
20. Resolution implementing a Memorandum of Understanding between the City of
San Bernardino and the employees in the Middle-Management Bargaining Unit
and a resolution for salary adjustments. (See Attached)
A. Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
Middle Management bargaining unit of the City of San Bernardino
represented by San Bernardino Public Employees’ Association.
(Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino amending Resolution No.
6413, Sections Ten, Eleven, Twelve & Fourteen, entitled in part “A
Resolution … establishing a basic compensation plan …”; by updating
information codifying prior Council actions (General, Mid-Management,
and Confidential & Management). (Cost to the City -- $173,100 in FY
2006/2007.) (Resolution not available at time of printing.)
MOTION: That the matter be continued to September 18, 2006.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to Purchase Order No. 206413 to Sucaba Company, Inc.
for a total purchase order amount not to exceed $35,400.00. (See Attached)
(Cost to the City -- $42,000 [$13,000 from the Liability Insurance Fund and
$29,000 from the Workers Compensation Fund].) (Resolution not available
at time of printing.)
09/05/2006
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MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to pay Sucaba approximately $10,400 from
available funds in FY 2005/06 Professional/Contractual Services,
Account No. 678-452-5502.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to Purchase Order No. 999362 to Insurance Overload
Staffing for a total purchase order amount not to exceed $32,400.00. (See
Attached) (Cost to the City -- $7,400 from the Workers Compensation
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to pay Insurance Overload Staffing approximately
$7,400 from available funds in FY 2005/06 Professional/
Contractual Services, Account No. 678-452-5502.
23. Resolution approving a Side Letter to Resolution No. 2006-291, Amendment to
Article VI, Section 5, of the Memorandum of Understanding between the City
of San Bernardino and employees in the Police Safety Employees’ bargaining
unit represented by the San Bernardino Police Officers’ Association (SBPOA).
(See Attached) (No cost to the General Fund.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Agreement between the City of San
Bernardino, the County of San Bernardino Department of Community
Development and Housing, and the Authority for the Handicapped to provide
facility improvements at the Center for Individual Development (C.I.D.) main
building, annex, and the north Norton Center using County CDBG funds. (See
Attached) (No cost to the City -- $181,500 from County CDBG funds.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/2007 adopted budget and
increase Account No. 001-325-5706 by $181,500 and the
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offsetting revenue Account No. 001-000-4901 by $181,500 to
reflect the County CDBG reimbursement to be received.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of a grant application for administration of the Retired
Senior Volunteer Program (RSVP) for the period October 1, 2006 through
September 30, 2007. (See Attached) (Grant revenue in the amount of
$58,436; cost to the City $41,300 in match funds and $17,492 in in-kind
services.) All Wards
MOTION: That said resolution be adopted.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of Parks, Recreation and Community Services
Department to execute Amendment No. 2 to the Agreement for Consultant
Services for the CAPS Program between the City and the San Bernardino
Unified School District. (See Attached) (Additional CAPS grant funding in
the amount of $2,500.) All Wards
MOTION: That said resolution be adopted.
27. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of the Parks, Recreation and Community Services
Department to execute Amendment No. 4 to the Agreement for consultant
services for the CAPS Program between the City and the San Bernardino
Unified School District. (See Attached) (Additional CAPS grant funding in
the amount of $11,500.) All Wards
MOTION: That said resolution be adopted.
28. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of the Parks, Recreation and Community Services
Department to execute Amendment No. 5 to the Agreement with the San
Bernardino City Unified School District, to provide contractual services for
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seventeen (17) CAPS Before & After-School Recreation Programs at school
district sites for the period October 1, 2006 through June 30, 2007. (See
Attached) (Grant funding in the amount of $348,601.) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
29. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of Amendment No. 4 of the Senior Nutrition Contract
through the County of San Bernardino Department of Aging and Adult Services
(DAAS) for senior nutrition services for the period of July 1, 2006 through June
30, 2007. (See Attached) (No cost to the City -- $214,771 in grant funding
to the City.) All Wards
MOTION: That said resolution be adopted.
30.Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Services Agreement between the City of San
Bernardino and Coast Soccer League to provide management services at the San
Bernardino Soccer Complex. (Document and Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
Police
31. Resolution of the Mayor and Common Council authorizing a Service Agreement
with Wackenhut Corporation to provide jail staffing per Bid F-07-03 in an
amount not to exceed $362,200 for FY 2006-07 with three optional renewal
years. (See Attached) (Cost to the City -- $362,200 from the General Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
32. Resolution of the City of San Bernardino authorizing the execution of a purchase
order to Chaparral Motorsports for the purchase of nine 2005 Honda ST1300P
police motorcycles, to be utilized by the Police Department. (See Attached)
(Cost to the City -- $136,918.98 [$76,066.10 from grant funding, and
$60,852.88 from the Motor Pool Fund].)
MOTION: That said resolution be adopted.
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33. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Memorandum of Understanding (MOU) for the
San Bernardino Police Department to continue participation as a member of the
United States Department of Justice, Drug Enforcement Administration (DEA)
Task Force. (See Attached) (No additional cost to the City.)
MOTION: That said resolution be adopted.
34. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of an application by the Police Department for a Driving
Under the Influence (DUI) mini grant from the State of California Office of
Traffic Safety in the amount of $25,460.32. (See Attached) (No cost to the
City -- $25,460.32 in grant funding.) All Wards
MOTION: That said resolution be adopted.
35. Item Deleted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee meeting
on August 22, 2006 – Members Present: Kelley, Baxter and Derry
36. Resolution of the Mayor and Common Council requiring all City contractors to
comply with the requirements of the Immigration Reform and Control Act of
1986, Title 8 U.S.C. Sections 1324a and 1324b, prohibiting the hiring of
unauthorized aliens, as a condition of all City Public Works and professional
services contracts, and all other City contracts for goods and services. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
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37. Public hearing – resolution authorizing execution of a Right of Way Contract,
grant deed and easement deed for City property located northeasterly of Scenic
Drive, easterly of Valley View Drive and approving the sale to the State of
California. (See Attached) (No cost to the City.) Ward 3
(Item Continued on Next Page)
37. Continued.
Resolution of the City of San Bernardino directing and authorizing the execution
of a Right of Way Contract, grant deed and easement deed and approving the
sale of City property generally located northeasterly of Scenic Drive and
easterly of Valley View Drive, in the City of San Bernardino, to the State of
California. (Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
CONTINUED FROM AUGUST 21, 2006
City Manager
TO BE HEARD AT 4:00 P.M.
38. Public hearing – resolution setting various City fees. (New Staff Report
Attached) (Item continued from August 21, 2006, Item No. 27.)
A Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino; amending Resolution 89-471 and
Resolution 91-148; and repealing Resolution No. 2005-147, Resolution 2006-
147, Resolution 93-171, Resolution 91-469, Resolution 92-344, and Resolution
No. 90-154. (Resolution not available at time of printing.)
The hearing remains open . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM AUGUST 21, 2006
09/05/2006
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Development Services
39. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a Cooperative Agreement with the County of San
Bernardino and the San Bernardino City Unified School District for the
installation of a flashing yellow beacon device, signing and markings for a
crosswalk located on Lynwood Drive at Merito Avenue, adjacent to Del Vallejo
Middle School. (Backup material distributed on August 21, 2006, Item No.
13.)
MOTION: That said resolution be adopted.
Parks, Recreation and Community Services
40. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an agreement between the City of San
Bernardino and Major League Softball, Inc. for adult baseball and adult softball
services for a three year period of September 1, 2006 through August 31, 2009.
(Backup material distributed on August 21, 2006, Item No. 19.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
41. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to American Asphalt South, Inc.
for completion of the Fiscal Year 2006-07 Slurry Seal Program. (Backup
material distributed on August 21, 2006, Item No. 23.)
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
STAFF REPORTS
Development Services
42. Resolution of the City of San Bernardino adopting the four-year Capital
Improvement Program (2006-2010) for Measure “I” local expenditures. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
09/05/2006
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COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
R43. Public hearing – resolution of public interest and necessity for acquisition of real
nd
property at 1108 West 2 Street – Belichefsky. (Document not available at time
of printing.) Ward 1
(Item Continued on Next Page)
R43. Continued.
Resolution of the Community Development Commission of the City of San
Bernardino declaring the public interest and necessity of acquisition of real
property by the Redevelopment Agency of the City of San Bernardino for
community redevelopment purposes over the property located at 1108 West 2nd
Street, San Bernardino, California (Belichefsky – APN: 0138-301-07) in the
Uptown Redevelopment Project Area. (Resolution not available at time of
printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
44. 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.)
45. Adjournment.
MOTION: That the meeting be adjourned.
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NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, September 18, 2006, in the Council Chambers of City Hall, 300 North
“D” Street, San Bernardino, California.
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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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