HomeMy WebLinkAbout11-20-2006 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
MONDAY, NOVEMBER 20, 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 11-14.)
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.
11/20/2006
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):
Annette Mendenhall v. City of San Bernardino – San Bernardino
Superior Court Case No. SCVSS 113604;
Timothy Weisenberger, et al. v. City of San Bernardino, et al. – San
Bernardino Superior Court Case No. SCVSS 134901;
Zimmon v. City of San Bernardino - Workers’ Compensation Appeals
Board Case Nos. SBR 0329202 and SBR 0329212.
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.
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)
11/20/2006
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1. Continued.
G. Conference with real property negotiator – pursuant to Government Code
Section 54956.8:
IVDA Redevelopment Project Area
1. Property Address: 2158 McKinley Avenue
APN: 1191-021-31
Negotiating Parties: Maggie Pacheco, Executive Director on behalf
of the Redevelopment Agency, as buyer, and
Pedro M. Uriostegue, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 2105 McKinley Avenue
APN: 1191-021-56
Negotiating Parties: Maggie Pacheco, Executive Director on behalf
of the Redevelopment Agency, as buyer, and
Fidelity National Title, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 2195 McKinley Avenue
APN: 1191-021-61
Negotiating Parties: Maggie Pacheco, Executive Director on behalf
of the Redevelopment Agency, as buyer, and
Sonia Ortiz, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
4. Property Address: 2050 Arden Avenue
APN: 1191-021-38
Negotiating Parties: Maggie Pacheco, Executive Director on behalf
of the Redevelopment Agency, as buyer, and
Larry Senior and Andrea Estrada, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
11/20/2006
3
RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. John R. Lowe – Santa Ana River Trail Commission – Council Member
Derry. (See Attached)
MOTION: That the appointment of John R. Lowe to the Santa Ana
River Trail Commission, as requested by Council Member
Derry, be approved.
3. Presentations.
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A. 3 Quarter Customer Service Award.
B. 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 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
18, 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.
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6. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated November 14, 2006,
from Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated November 15, 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.
City Clerk
8. Mayor and Common Council/Community Development Commission regular
meeting dates for 2007. (See Attached)
MOTION: That the Mayor and Common Council and the Community
Development Commission approve the following dates for regular
meetings of the Mayor and Common Council/Community
Development Commission for the year 2007: January 8 (second
Monday); January 22 (fourth Monday); February 5 and 20;
March 5 and 19; April 2 and 16; May 7 and 21; June 4 and 18;
July 2 and 16; August 6 and 20; September 4 and 17; October 1
and 15; November 5 and 19; December 3 and 17.
Development Services
9. Set a joint workshop of the Mayor and Common Council and Planning
Commission related to the Redlands Passenger Rail Station Area Plans. (See
Attached)
MOTION: That the Mayor and Common Council set a joint workshop with
the Planning Commission for Monday, December 4, 2006 at 5:30
p.m. in the EDA Board Room related to the Redlands Passenger
Rail Station Area Plans.
11/20/2006
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10. Resolution of the City of San Bernardino amending Resolution 2005-341 to
increase the purchase order amount for an existing services agreement with
Albert Johnson for the provision of contract building inspection services. (See
Attached) (Cost to the City $106,000 from Professional/Contractual
Services) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 adopted budget by
transferring $106,000 from Account No. 001-191-50xx (Salaries
and Benefits) to Account No. 001-191-5502 (Professional/
Contractual Services).
Human Resources
11. Establishment of salaries for Fire Department Ranges P-5, P-6 & P-7, effective
August 1, 2006. (See Attached) (Cost to the City -- $57,600 from the General
Fund Budget Reserve.)
MOTION #1: That the salaries for Fire Department Ranges P-5 (Battalion
Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be
established, effective August 1, 2006; and
MOTION #2: That the Human Resources Department be directed to amend
Resolution No. 6429 to reflect the above action; and
MOTION #3: That the Director of Finance be authorized to amend the FY
2006/07 budget by increasing the Fire Department General Fund
budget by $57,600 for Charter 186 costs by appropriating
$57,600 from the General Fund budget reserves and make
appropriate adjustments to the various Fire grants.
Information Technology
12. Resolution of the City of San Bernardino authorizing the purchase of 29
Motorola XTS 5000 portable and 10 Motorola XTL 5000 mobile radios from
Motorola, Inc. (See Attached) (Cost to the City $128,831.40 from OTS
Grant Fund and General Fund) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
11/20/2006
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Parks, Recreation & Community Services
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Finance Director or her designee to execute a Purchase Order to
Golden State Fence Company for the installation of wrought iron fencing around
the perimeter of La Plaza Park. (See Attached) (Cost to the City -- $75,000
from the Park Construction Fund) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
Police
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to sign a lease agreement with Russell Properties
Partnership for offsite office space on behalf of the San Bernardino Police
Department. (Document and Resolution not available at time of printing.)
(Cost to the City FY06/07 $38,184; FY 07/08 $76,368)
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain Police Department records, documents and
papers pursuant to Section 34090 and 34090.6 of the Government Code of the
State of California. (See Attached) (No Cost to the City) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying submittal of a grant application for the FY 05/06 South Coast Air
Quality Management District Carl Moyer Memorial Air Quality Standards
Attainment Program to assist in the purchase of (20) new LNG refuse trucks to
be utilized by the Public Services Department, Refuse Division. (See Attached)
(No cost to the City.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
11/20/2006
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17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submittal of the application for waste tire enforcement grant funds
from the California Integrated Waste Management Board. (See Attached) (Cost
to the City -- $20,840 from Grant Funds.) (Resolution not available at time
of printing.) All Wards
MOTION: That said resolution be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Fairview Ford of San
Bernardino for the negotiated purchase of two 2007 Ford Ranger pick up trucks
to be utilized by the Code Enforcement Department. (See Attached) (Cost to the
City $27,771.74 from the Motor Vehicles Fund) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Development Services
19. Public meeting – relative to the formation of a Landscape Maintenance
Assessment District in the Ohio Avenue and Chestnut Avenue area (Tract No.
14881 – AD 1049.) (See Attached) (No cost to City – $4,000 processing fee
paid by applicant.) Ward 5
Mayor to open the public meeting . . .
MOTION: That the public meeting relative to the formation of the Ohio
Avenue and Chestnut Avenue Area Landscape Maintenance
Assessment District No. 1049 be closed; and protests and ballots,
if any, be carried over to the public hearing on December 4, 2006
at 4:00 p.m.
11/20/2006
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TO BE HEARD AT 4:00 P.M.
20. Public meeting – relative to formation of a Landscape Maintenance Assessment
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District in the 6 Street and Sterling Avenue area (Tract No. 17372 – AD
1053). (See Attached) (No cost to City -- $4,000 processing fee paid by
applicant.) Ward 1
Mayor to open the public meeting . . .
th
MOTION: That the public meeting relative to the formation of the 6 Street
and Sterling Avenue Area Landscape Maintenance Assessment
District No. 1053 be closed; and protests and ballots, if any, be
carried over to the public hearing on December 4, 2006, at 4:00
p.m.
TO BE HEARD AT 4:00 P.M.
21. Public meeting – relative to formation of Landscape Maintenance Assessment
District in the Campus Parkway and Valles Drive area (Tract No. 17699 – AD
1054). (See Attached) (No cost to City -- $4,000 processing fee paid by
applicant.) Ward 5
Mayor to open the public meeting . . .
MOTION: That the public meeting relative to the formation of the Campus
Parkway and Valles Drive Area Landscape Maintenance
Assessment District No. 1054 be closed, and protests and ballots,
if any, be carried over to the public hearing on December 4,
2006, at 4:00 p.m.
TO BE HEARD AT 4:00 P.M.
Police
Recommended for approval at the Grant Committee meeting on October
31, 2006 – Committee Members present: McCammack and Estrada
22. Public hearing – relative to the obligation and expenditure of the allocated
Citizen’s Option for Public Safety (COPS) monies for FY 2006/07. (See
Attached)
Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the allocated Citizen’s Option for Public Safety (COPS Option)
monies for FY 06/07 to supplement front-line law enforcement support services.
(Resolution not available at time of printing.)
11/20/2006
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Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
City Clerk
23. Public hearing – resolution imposing liens on property located within the City
for uncollected business registration fees. (See Attached)
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. (Resolution not available at time of printing.)
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.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM NOVEMBER 6, 2006
Public Services
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order between the City
of San Bernardino and NPG Corporation for miscellaneous street repairs as
detailed in Bid Specification No. RFQ F-07-14. (Backup material distributed
on November 6, 2006, Item No. 35.)
MOTION: That the matter be continued to December 4, 2006.
END OF CONTINUED ITEMS
STAFF REPORTS
TO BE HEARD AT 5:00 P.M.
11/20/2006
10
th
25. Workshop with State Senator Bob Dutton – 5:00 p.m. in the MIC Room, 6
Floor of City Hall.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM NOVEMBER 6, 2006
TO BE HEARD AT 4:30 P.M.
R26. Joint public hearing – Disposition and Development Agreement (DDA) for
nd
development of a shopping center – La Placita on 2 Street – Uptown
Redevelopment Project Area. (Item continued from October 16, 2006, Item
No. R34; Item continued to November 6, 2006, Item No. R50.)
The hearing remains open . . .
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the sale of certain Property as identified in the
2006 Disposition and Development Agreement (“DDA”) by and between
the Redevelopment Agency of the City of San Bernardino (“Agency”)
nd
and La Placita at 2 Street, a California Limited Liability Corporation
(“Developer”) and accepting the Community Development
Commission’s certain environmental findings related to the development
of the proposed project. (Resolution not available at time of printing.)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to
execute the 2006 Disposition and Development Agreement (“DDA”) by
nd
and between the Agency and La Placita at 2 Street, a California
Limited Liability Corporation (“Developer”) and making certain
environmental findings thereto related to the development of the project.
(Resolution not available at time of printing.)
MOTION: That the hearing be closed; and that said resolutions A&B,
be adopted.
TO BE HEARD AT 4:30 P.M.
R27. Joint Public Hearing - 2006 HOME Community Housing Development
Organization (CHDO) Capacity Building Agreement with Arroyo Valley
11/20/2006
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Community Economic Development Corporation, a non-profit corporation.
(Document not available at time of printing.)
(Item Continued on Next Page)
11/20/2006
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R27. Continued.
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and amending the 2005-2010 Consolidated Plan
and the 2006-2007 Annual Action Plan to allocate $50,000 in HOME
Capacity Building Funds to Arroyo Valley Community Economic
Development Corporation, a non-profit corporation. (Resolution not
available at time of printing.)
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to
execute the 2006 HOME CHDO Capacity Building Agreement between
the Agency and Arroyo Valley Community Economic Development
Corporation, a non-profit corporation. (Resolution not available at
time of printing.)
Mayor to open the hearing . . .
MOTION: That public hearing be closed; and that said resolutions
A&B, be adopted.
TO BE HEARD AT 4:30 P.M.
R28. Joint Public Hearing - 2006 Affordable Single-Family Disposition and
Development Agreement (HOME Funds-Four Agency Lots) – Arroyo Valley
Community Economic Development Corporation and Inland Empire Concerned
African American Churches. (Document not available at time of printing.)
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving an amendment to the 2005-2010 Consolidated Plan
and the 2006-2007 Annual Action Plan and consenting to the disposition
th
of certain properties located in the City of San Bernardino on 16 and
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Harris Streets (APN: 0144-131-21) and 17 and “J” Streets (APN: 0144-
131-36, 0144-123-03 and 46) (“Agency Lots”), by the Redevelopment
Agency of the City of San Bernardino (“Agency”) pursuant to the terms
of the 2006 Affordable Single-Family Disposition and Development
Agreement (HOME Funds-Four Agency Lots), by and between the
Agency, Arroyo Valley Community Economic Development Corporation
and Inland Empire Concerned African American Churches - IVDA
Redevelopment Project Area.
(Item Continued on Next Page)
11/20/2006
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R28. Continued.
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving the disposition of certain properties located in
th
the City of San Bernardino on 16 and Harris Streets (APN: 0144-131-
th
21) and 17 and “J” Streets (APN: 0144-131-36, 0144-123-03 and 46)
(“Agency Lots”), by the Redevelopment Agency of the City of San
Bernardino (“Agency”) and authorizing the Executive Director of the
Agency to execute the 2006 Affordable Single-Family Disposition and
Development Agreement (HOME Funds-Four Agency Lots), by and
between the Agency, Arroyo Valley Community Economic Development
Corporation and Inland Empire Concerned African American Churches -
IVDA Redevelopment Project Area
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A&B,
be adopted.
CONTINUED FROM NOVEMBER 6, 2006
R29. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute
the Redevelopment Project Study and Exclusive Right to Negotiate Agreement
(“Agreement”) with Home Depot, Inc. (North Arden Guthrie - IVDA
Redevelopment Project Area). (Backup material distributed on September
18, Item No. R32; Item continued to October 16, 2006, Item No. R29; item
continued to November 6, 2006, Item No. R49.)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee on November
9, 2006 – Committee Members Present: Estrada, Johnson and Baxter
R30. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute a
Professional Services Agreement by and between the Agency and California
Property Specialists, Inc., for relocation services (Central City North
Redevelopment Project Area – Downtown Acquisitions). (Document and
resolution not available at time of printing.)
11/20/2006
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MOTION: That said resolution be adopted.
R31. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute a
Professional Services Agreement by and between the Agency and California
Property Specialists, Inc., for acquisition and relocation services (IVDA
Redevelopment Project Area – Arden Guthrie Acquisitions). (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee on October
19, 2006 – Committee Members Present: Estrada, Johnson & Baxter
R32. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute
Amendment No. 1 to the Contractor Services Agreement Minor Grant Repair
Program (Elderly/Special Needs) between the Oldtimers Foundation and the
Agency, reinstating said Agreement and authorizing the amount of one hundred
thousand dollars ($100,000) annually, for a three (3) year term commencing in
2007, subject to annual funding availability. (Document and Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
R33. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute
the Redevelopment Project Study and Exclusive Right to Negotiate Agreement
with Hoprock 2 Verdemont, LLC (“Developer”) – Verdemont Area.
(Document and Resolution not available at time of printing.) (No cost to the
City.) Ward 5
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
11/20/2006
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Parks, Recreation & Community Services
34. Authorizing the Director of Finance to amend the FY 2006/07 Adopted budget
to reflect costs associated with Operation Phoenix Programs in the Parks and
Recreation Department and to also reflect the corresponding revenue
reimbursement from County NIP Funds. (See Attached)
MOTION: That the Director of Finance be authorized to amend the FY
2006/07 Adopted budget to reflect costs associated with
Operation Phoenix programs in the Parks & Recreation
Department and to also reflect the corresponding revenue
reimbursement form County NIP funds, as outlined in the staff
report dated November7, 2006, from Lemuel Randolph, Director
of Parks, Recreation and Community Services.
Facilities Management
35. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute Amendment No. One to the Securitas Security
Services USA, Inc. Agreement, dated November 6, 2006, for security guard
services at the San Bernardino Metrolink Station. (Document and Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
36. 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.)
37. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
11/20/2006
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p.m., Monday, December 4, 2006, in the Council Chambers of City
Hall, 300 North “D” Street, San Bernardino, California.
11/20/2006
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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.
11/20/2006
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