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HomeMy WebLinkAbout07-07-2008 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 Tobin Brinker 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, JULY 7, 2008 ? 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 15-16.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during normal business hours. In addition, such writings and documents will be posted on the City?s website at www.sbcity.org. 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. 107/07/2008 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): San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. ? San Bernardino Superior Court Case No. CIVSS 807685; Richard ?Scott? Moss, et al. v. City of San Bernardino, et al. ? United States District Court Case No. CV 07-01027 SGL (OPx); Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. ? San Bernardino Court Case No. CIVSS 708367; Kimberly Hearns v. City of San Bernardino, et al. ? United States th District Court Case No. EDCV 03-01434 SJO (SGL); 9 Circuit Court of Appeals Nos. 05-56214, 05-56272, and 05-56306 and 05-56324; Kimberly Hearns v. City of San Bernardino, et al. ? United States District Court Case No. EDCV 05-04524 SJO (SGL). 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. (Item Continued on Next Page) 207/07/2008 1. Continued. F.Conference with labor negotiator ? pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization(s): General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8: 1. Property Address: 1208 N. ?H? Street APN: 0145-221-09 Negotiating Parties: Keith Williams, Acquisition Agent, on behalf of Caltrans, as buyer and Fred Wilson, City Manager, on behalf of the City of San Bernardino Under Negotiation: Purchase, price, terms and conditions 2. Property Address: Vacant Lot APN: 0147-191-12 Negotiating Parties: Fred Wilson, City Manager, on behalf of the City of San Bernardino, and Gerald Crowther on behalf of Grand Council Enterprises, Inc., property owners/ corporation Under Negotiation: Purchase price, terms and conditions (Item Continued on Next Page) 307/07/2008 1. Continued. IVDA Redevelopment Project Area 3. Property Address: 1350 South ?E? Street APN: 0140-143-51 Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and Randy Van Gelder, General Manager on behalf of the San Bernardino Valley Municipal Water District Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 407/07/2008 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 30 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 of the City of San Bernardino be approved as submitted in typewritten form: May 19, 2008 (Distributed on 6/20/2008) June 2, 2008 (Distributed on 6/30/2008) June 18, 2008 (Distributed on 6/30/2008) 507/07/2008 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 19, 2008, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Interim Chief Examiner, dated July 1, 2008, 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. Animal Control 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Animal Control Services Agreement by and between the City of San Bernardino and the City of Loma Linda for the period July 1, 2008 through June 30, 2011, and ratifying any action taken between July 1, 2008 and the date that this resolution is adopted. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. City Attorney 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odlum & Haws in the case of San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, San Bernardino Fire Department, et al. (See Attached) MOTION: That said resolution be adopted. Development Services 11. Authorize the Director of Development Services to execute Contract Change Order No. One to the contract with Nikola Corporation for Sewer thth Improvements on Sierra Way from 16 Street to 19 Street, per Project Plan No. 12187. (See Attached) (Cost to the City - $77,217.54 from Sewer Line Maintenance Fund) Ward 2 (Item Continued on Next Page) 607/07/2008 11. Continued. MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One in the amount of $77,217.54 to the contract with Nikola Corporation for sewer thth improvements on Sierra Way from 16 Street to 19 Street, per Project Plan No. 12187. 12. Authorization to proceed and approval of Plan No. 12456 ? Proposed vacation of a portion of ?H? Street, between Huff Street and College Drive. (See Attached) (No Cost to the City) Ward 3 MOTION #1: That the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of ?H? Street between Huff Street and College Drive; and MOTION #2: That Plan No. 12456 showing the proposed vacation of a portion of ?H? Street, between Huff Street and College Drive, be approved. 13. Authorize the Director of Development Services to execute Contract Changes Order No. One with RePipe ? California Inc. for Sewer Line Rehabilitation by Cured-in-Place Pipe (CIPP) method at two locations in Sierra Way and one location in Northpark Boulevard (SW-E, SW07-04, SW07-05), per Project Plan No. 12148. (See Attached) (Cost to the City - $8,000 from Sewer Line Maintenance Fund) Wards 4, 5, & 7 MOTION: That the Director of Development Services be authorized to execute Contract Change Order No. One with RePipe-California, Inc. for sewer line rehabilitation by Cured-in-Place Pipe (CIPP) method, two locations in Sierra Way and one location in Northpark Boulevard (SW-E, SW07-04, SW07-05), per Project Plan No. 12148. 14. Authorize the Director of Finance to amend FY 2007/08 Budget; and authorize the Director of Development Services to execute Contract Change Order No. One to Oak Engineering, Inc. for the installation of a traffic signal & street improvements at Mill Street and Macy Street (TC04-01), per Project Plan No. 10486. (See Attached) (Cost to the City - $8,000 from Traffic System Construction Fund) Ward 3 (Item Continued on Next Page) 707/07/2008 14. Continued. MOTION #1: That the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $8,000 from Account No. 250- 370-5504-7338 ?City Wide Traffic Signal Improvements? (TC- A) to Account No. 250-370-5504-1710 ?Traffic Signal & Street Improvements at Mill Street and Macy Street? (TC04-01); and MOTION: #2: That the Director of Development Services be authorized to execute Contract Change Order No. One to Oak Engineering, Inc. for the installation of a traffic signal & street improvements at Mill Street and Macy Street (TC04-01), per Project Plan No. 10486. 15. Resolution of the City of San Bernardino authorizing the execution of a license agreement with the San Bernardino Valley Municipal Water District, for the construction of a monitoring well on City property located at Nicholson Park. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 3 to the Agreement for Professional Traffic Modeling Services with Srinivasa S. Bhat. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino approving and accepting the transfer of ownership and operation and maintenance responsibilities of the abandoned Birch Street Well Building, located in Lytle Creek Park, from the San Bernardino Municipal Water Department. (See Attached) (Cost to the City ? Not to exceed $4,000 from Park Construction Fund) Ward 3 MOTION: That said resolution be adopted. 807/07/2008 18. Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to Agreement for services with Hilltop Geotechnical, Inc. for geotechnical investigations and construction material testing. (See Attached) (Cost to the City - $40,000 from Various CIP Projects) All Wards 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 to enter into a new standard agreement with the Department of Mental Health-Patton State Hospital. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or her designee to issue purchase orders to vendors selected under Bid Specification F-08-18 for fire equipment. (See Attached) (Cost to the City - $346,820.29; $5,995.81 from San Manuel Band of Mission Indians Funding and $340,824.48 from CDBG Funds) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino amending the City?s Master Fee schedule, Resolution Number 2008-149 adjusting the Emergency Medical Services (EMS) User Fees. (See Attached) (Revenue - $430,000 to General Fund) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/09 budget and increase General Fund revenue Account No. 001-000-4880 (EMS User Fees) by $200,000 from $230,000 to a new total of $430,000. 907/07/2008 Human Resources 22. Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of an agreement with Fox Occupational Medical Center for the provision of pre-employment physicals and workers? compensation occupational injury services for the City of San Bernardino employees, pursuant to Section 3.4.010B3 of the Municipal Code. (See Attached) (Cost to the City - $160,000 from Worker?s Compensation Fund) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Director of Finance to issue a purchase order in the amount of $46,416 to Golden West Landscape Contractor for the landscape and irrigation maintenance services for downtown facilities, parking lots, north site facilities, south site facilities, central facilities, Carousel Mall, medians, Arrowhead Credit Union Park and library facilities for the period July 1, 2008 through September 30, 2008, pursuant to Section 3.04.010 B-3 of the Municipal Code, and ratifying any action taken between July 1, 2008 and the date that this resolution is adopted. (See Attached) (Cost to the City -- $46,416 from General Fund) All Wards MOTION: That said resolution be adopted. Police 24. Resolution of the City of San Bernardino ratifying the submission of the FY 2008-09 Juvenile Accountability Block Grant (JABG) application to the California Department of Corrections and Rehabilitation by the Police Department. (See Attached) (Cost to the City ? $12,108; $10,897 from JABG Grant Funds and $1,211 from Asset Forfeiture Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 10 07/07/2008 25. Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2008/09 Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino. (See Attached) (Cost to the City - $297,506; $84,139 from BJA Justice Assistance Grant Funds and $213,367 from the General Fund) All Wards MOTION: That said resolution be adopted. Public Services 26. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. (See Attached) (No Cost to the City ? Grant Revenue of $53,781) All Wards MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application for the FY06/07 South Coast Air Quality Management District Mobile Source Reduction Committee Funding for Natural Gas Refuse Trucks Program to assist in the purchase of (15) new LNG refuse trucks to be utilized by the Public Services Department, IWM Division and authorizing the City Manager to execute a contract accepting the grant. (See Attached) (No Cost to the City - Grant Revenue of $480,000) All Wards MOTION: That said resolution be adopted. 28. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application for the FY06/07 Mobile Source Reduction Committee funding for Maintenance Facility Modifications Program to assist in the modifications needed in order to service and maintain LNG and CNG powered vehicles indoors at the Public Services Department Fleet Division and authorizing the City Manager to execute a contract accepting the grant. (See Attached) (No Cost to the City - Grant Revenue of $350,000) All Wards MOTION: That said resolution be adopted. 11 07/07/2008 29. Resolutions authorizing a new Contract Purchase Order Number in the amount of $368,031 to Matich Corporation and Contract Purchase Order in the amount of $44,000 to Pavement Recycling Systems, Inc. (See Attached) (Cost to the City - $412,031 from CIP funding) Wards 2, 4, & 5 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a new Contract Purchase Order in the amount of $368,031 to Matich Corporation pursuant to Section 3.04.010 B-3 of the Municipal Code for street paving services. B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a new Contract Purchase Order in the amount of $44,000 to Pavement Recycling Systems, Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for cold planing services, labor and equipment rental for city street repairs. MOTION: That said resolutions A&B, be adopted. 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase to Purchase Order Number 208280 by $2,600 to Crafco Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of additional asphalt materials. (See Attached) (Cost to the City - $2,600 from General Fund) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at Legislative Review Committee meeting on June 17, 2008 -- Committee Members Present: Kelley, Brinker, Baxter 31. An Ordinance of the City of San Bernardino amending Sections 12.92.040 and 12.93.010 regarding the duty to maintain and repair sidewalks and curbs and the participation of the City. FIRST READING MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT 12 07/07/2008 PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 32. Public hearing ? Resolution imposing liens on property located within the City for uncollected business registration fees. (See Attached) (No Cost to the City) All Wards 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. CONTINUED FROM JUNE 16, 2008 TO BE HEARD AT 4:00 P.M. Development Services 33. Public hearing to consider a resolution adopting updated building permit and plan review fees. (New Staff Report Attached) (Backup material distributed on June 16, 2008, Item No. 27) (No Cost to the City) All Wards A Resolution of the City of San Bernardino adopting updated building permit and plan review fees. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS STAFF REPORTS Development Services 34. An Ordinance of the City of San Bernardino amending Section 15.04.080A of the San Bernardino Municipal Code relating to building permit and plan review fees. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. 13 07/07/2008 City Clerk?s Office 35. An Ordinance of the City of San Bernardino repealing Sections 3.44.030 and 3.44.040 of Chapter 3.44-Service User?s Tax- of the San Bernardino Municipal Code and amending Section 3.44.065 of said Code. FIRST READING (See Attached) (No Cost to the City) All Wards MOTION: That said ordinance be laid over for final adoption. City Council 36. Presentation and Demonstration of Diesel, the ?Arson Canine?. (Staff Report not available at time of printing.) City Manager 37A. Budget deliberations ? Fiscal Year 2008/09 ? discuss and take possible action. 37B. Discuss and take possible action regarding potential ballot measures for the November 2008 ballot. END OF STAFF REPORTS CONTINUED ITEMS CONTINUED FROM JUNE 16, 2008 City Attorney 38. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Municipal Code regarding scrap metal recycling. FIRST READING (No Backup material distributed on June 16, 2008, Item No. 30 ? Only copy of Ordinance) (Staff Report and Ordinance not available at time of printing.) MOTION: That the matter be continued to August 4, 2008. CONTINUED FROM JUNE 16, 2008 Council Office 39. Presentation from Inland Communities. (Backup material distributed on June 2, 2008, Item No. 38; item continued to June 16, 2008, Item No. 32.) 14 07/07/2008 CONTINUED FROM JUNE 16, 2008 Finance 40. Resolution of the City of San Bernardino authorizing the execution of an agreement with Nationwide Retirement Solutions, Inc. for services as administrator of the City of San Bernardino Deferred Compensation Plan. (Backup material distributed on June 16, 2008, Item No. 13.) (No Cost to the City) All Wards MOTION: That said resolution be adopted. CONTINUED FROM JUNE 25, 2008 Mayor?s Office 41. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a License and Indemnification Agreement by and between the County of San Bernardino, the City of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA. (New Staff Report Attached) (This item was heard on June 2, 2008, Item No. 15, and was continued to August 4, 2008; heard on June 25, 2008, Item No. 2; and was continued to July 7, 2008.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on June 19, 2008 -- Committee Members Present: Johnson, Baxter & McCammack as an alternate for Estrada R42. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (?Agency?) to execute Amendment No. 1 to the 2006 Affordable Single-Family Disposition and Development Agreement (HOME Funds - Four Agency Lots), by and among the Agency, Arroyo Valley Community Economic Development Corporation, and Inland Empire Concerned African American Churches (IVDA Redevelopment Project Area). Ward 1 MOTION: That said resolution be adopted. 15 07/07/2008 R43. Budget Adoption Fiscal Year 2008-2009. (Item considered at June 30, 2008, Item No. R4, but no action was taken on these resolutions.) (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency?s (?Agency?) budget for the Fiscal Year 2008-2009, except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. B. Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency?s (?Agency?) budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2008-2009. C. Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making findings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (Mayor and Common Council) D. Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making findings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (Resolution not available at time of printing.) MOTION: That said Resolutions A-D, 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.) 16 07/07/2008 45. 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 p.m., Monday, July 21, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 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. 17 07/07/2008