HomeMy WebLinkAbout10-21-2002 Jt. Reg Mtg
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, OCTOBER 21,2002 - 8:00 A.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 page 15.)
CALL TO ORDER:
PRESENT:
ABSENT:
NOTE: The meeting of the Mayor and Common Council will adjourn
until 1:30 p.m., at which time closed session matters will be
discussed. The public agenda will begin at 3:00 p.rn.
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 Seetion(s):
MOTION: That the Mayor and Common Council and the Community
Development Commission recess to closed session for the
following:
(Item Continued on Next Page)
10/21/2002
1. Continued.
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 252058;
In Re Bankruptcy of CYSA-South San Bernardino Soccer Foundation -
Case No. RS 02-18493MG;
City of San Bernardino v. CYSA-South San Bernardino Soccer
Foundation, et al. - San Bernardino Superior Court Case No. CSB
213237;
San Bernardino Redevelopment Agency v. William H. Cooper - San
Bernardino Superior Court Case No. SCVSS 67622;
Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 034774;
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 RT (V APx);
Ronnie Lewis Bunse, Jr. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 084509.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9: Cypress Inn Mobilehome Park and
VanRossum claim.
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.
(Item Continued on Next Page)
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1. Continued.
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) Fire negotiation issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
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10/21/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Bureau of Franchises - Donnie Schmidt - Council Member Derry. (See
Attached)
B. Food Policy Council - Sonia Vega - Mayor Valles. (See Attached)
C. Reappointment - Board of Water Commissioners - Judith W. Battey -
Mayor Valles.
MOTION: That the appointments and reappointment, as requested by
Council Member Derry and Mayor Valles, be approved.
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 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
20, be adopted except for _, _, _, _, _, _,
_, _, and
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10/21/2002 Revised
5. Waive full reading ofresolutions 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.
6.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated October 15, 2002, 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
7. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the adoption of a proposal by the American Lung Association to
create a Clean Vehicle Policy. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Clerk
8. Resolution of the City of San Bernardino amending Resolution 2001-345 entitled
in part, "Resolution ... amending Conflict of Interest Code ....., by amending
Appendix A to add, delete and change the titles of various positions within
Departments of the City which must file Conflict of Interest Statements
(Statements of Economic Interests. Form 700). (See Attached) (No cost to the
City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Development Services
9. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Environmental Project Services, Inc., for the road
closure of Pennsylvania Avenue atl9ili Street, per Plan No. 10523. (See
Attached) (Cost to the City -- $45,000 from CDBG funds.) (Resolution not
available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
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10/21/2002
10. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Holland-Lowe Construction, Inc., for the road closure of
44" Street at Waterman Avenue, per Plan No. 10516. (Cost to the City--
$50,000 from CDBG funds.) (Resolution not available at time of printing.)
Ward 4
MOTION: That said resolution be adopted.
II. Authorization for The Planning Center to proceed with technical tasks for the
Arrowhead Springs portion of the General Plan update. (See Attached)
MOTION: That the Mayor and Common Council authorize the City to
accept funds in the amount of $64,200 from the developer for
portions of previously approved Task 2.1 and for The Planning
Center to proceed with technical tasks (Portions of Tasks 2.2 and
2.3, and Tasks 3.2,3.3, and 3.6, as noted in the attached staff
report) for the Arrowhead Springs portion of the General Plan
update subject to the City receiving the required amount of funds
from the developer/property owner of Arrowhead Springs to pay
the consultant for the completion of each work item, task, or
phase of the Scope of Work.
Facilities Management
12. Resolution of the Mayor and Common Council of San Bernardino authorizing
the execution of a contract with and issuance of a purchase order to Advanced
Security for security guard service at the Metrolink Station in San Bernardino.
(See Attached) (Cost to the City -- $46,536.75 from the General Fund.)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
Fire
13. 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 California Charter Academy to provide emergency medical
technician (EMT) students the ability to ride along for the purpose of
observation and certification requirements. (See Attached) (No cost to the
City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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10/21/2002 Revised
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino City Fire Department (SBCFD) to enter into an
agreement with Crafton Hills College (CHC) to provide field internship for their
paramedic program for a five-year period. (See Attached) (No cost to tbe
City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Human Resources
IS. Authorize establishment of salaries for Police Department Ranges P-l. P-2, P-3
& Law Enforcement Trainee. effective August I, 2002. (See Attached) (Cost
to the City $1,407,300 from various Police Department accounts.)
MOTION #1:
MOTION #2:
MOTION #3:
That the salaries for Police Department Ranges P-I
(Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant)
and Law Enforcement Trainee be established, effective
August 1, 2002, as outlined in tbe attached staffreport
dated October 21, 2002, from Ed Raya, Director of
Human Resources; and
That the Human Resources Department prepare an
amendment to Resolution 6429; and
That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 200212003
budget to transfer $1,407,300 from the General
Government Budget (001-092-S011) to the Police
Department Budget in the General Fund and make the
appropriate adjustments to the various Police grants.
16. Authorize establishment of salaries for Police Department Ranges P-4, P-S, P-6
& P-7, effective August I, 2002. (See Attached) (Cost to tbe City -- $119,600
from various Police Department accounts.)
MOTION #1:
That the salaries for Police Department Ranges P-4
(Police Lieutenant), P-S (Police Captain), P-6 (Assistant
Chief of Police) and P-7 (Chief of Police) be established,
effective August 1, 2002, as outlined in the attached staff
report dated October 21, 2002, from Ed Raya, Director of
Human Resources; and
(Item Continued on Next Page)
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16. Continued.
MOTION #2:
That the Human Resources Department prepare an
amendment to Resolution No. 6429; and
MOTION #3:
That the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 2002/2003
budget to transfer $119,600 from the General Government
Budget (001-092-5011) to the Police Department Budget
in the General Fund.
Mayor's Office
17. Resolution of the Mayor and Common Council of the City of San Bernardino
approving Amendment NO.1 to that certain Loan Agreement by and among the
City of San Bernardino, the San Bernardino Valley Municipal Water District,
and the San Bernardino Regional Water Resources Authority. (See Attached)
(Cost to the City -- $250,000 from the General Fund.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino to
ratify the execution of a three week contract between the City of San Bernardino
and Penny's Creative Concessions for Concession Services at the San
Bernardino Soccer Complex. (See Attached) (Resolution not available at time
of printing.) Ward 7
MOTION: That said resolution be adopted.
Police
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19. Resolution of the City of San Bernardino authorizing the execution of an
agreement with the Bureau of Alcohol, Tobacco, and Firearms and the San
Bernardino Police Department regarding the Southern California Regional
Crime Gun Center. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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10/21/2002
Public Services
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Pacific Utility Equipment
Company for the furnishing and delivery of one (1) Ford chassis, flatbed body
and aerial tree trimming device for the Public Services Tree Crew. (See
Attached) (Cost to the City -- $77,529.36 from the Motor Pool Fund.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at Ways and Means Committee on October 9, 2002 - Committee
Members present: McCammack and Derry
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of an agreement between the City of San Bernardino and
the San Bernardino City Unified School District for financial assistance in the
amount of $5,000 from Asset Forfeiture funds in support of the Junior Police
Academy at Lytle Creek Elementary School. (See Attached) (Cost to the City
-- $5,000 from the Asset Forfeiture - Drug/Gang Education fund.)
(Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
Heard at Ways and Means Committee on October 9, 2002 - Committee
Members present: McCammack, McGinnis and Derry
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an agreement between the City of San Bernardino and "Friends of
the San Bernardino City Parks" for Civic and Promotion funding from the FY
02/03 budget to assist in the conduct of their 2"' Annual Jazz Festival. (See
Attached) (Cost to the City -- $3,356 from the General Fund.) (Resolution
not available at time of printing.) Ward 2
MOTION: That said resolution be adopted.
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10/21/2002 Revised
Heard at Legislative Review Committee on October 10, 2002 - Committee
Members present: McGinnis and Derry
23. Resolution of the Mayor and Common Council of the City of San Bernardino in
support of Proposition 46 - the Housing and Emergency Shelter Trust Fund
Act. (See Attached) (No cost to the City.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
24. An Ordinance of the City of San Bernardino amending Section 10.16.180 of the
San Bernardino Municipal Code to increase the number of Preferential Parking
Permits issued per dwelling from two to a maximum of four, in areas where
Preferential Parking Permit Programs are in effect. FIRST READING (See
Attached) (Ordinance not available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Heard at the Personnel Committee meeting on October 14, 2002 -
Committee Members Present: McGinnis, Suarez and McCammack
25. Reclassify the position of Budget Manager to Deputy Director/Budget Manager
in the Finance Department. (See Attached) (No additional cost to the Finance
Budget.)
MOTION #1:
That the Mayor and Common Council reclassify the
position of Budget Manager, Range 4498 ($5,321-
$6,468/month), in the Finance Department to Deputy
Director/Budget Manager, Range 4505 ($5,510-
$6,697/month); and
MOTION #2:
That the Director of Human Resources be authorized to
amend Resolution 6413 and Resolution 97-244 as needed.
26. Implement two new Crime Prevention Programs in the Police Department and
change Part-time position of Administrative Clerk 11 to full-time. (See
Attached) (Cost to the City -- $8,164 [50% from funds allocated to the Local
Law Enforcement Block Grant and the other 50% from the General Fund.)
(Item Continued on Next Page)
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26. Continued.
MOTION #1:
MOTION #2:
That the Mayor and Conunon Council change the part-
time position of Administrative Clerk II in the Police
Department to a full-time position at Range 1312 ($2,002-
$2,433 per month; and
That the Director of Finance be authorized to amend the
FY 2002/03 Crime Free Rental Housing budget in the
Police Department budget to reflect 50 % of the added
costs coming from the Local Law Enforcement Block
Grant (LLEBG) and 50% costs being paid from the
existing Police Department General Fund budget.
27. Reassigmnent of the Technology Librarian from General Unit Bargaining Group
to the Mid-Management Bargaining Group. (See Attached)
MOTION#I:
MOTION #2:
MOTION #3:
That the Mayor and Conunon Council reassign the
Technology Librarian from the General Unit to the Mid-
Management Unit; and
That the Director of Human Resources be directed to
reassign the Technology Librarian from the General Unit
to the Mid-Management Unit; and
That the Director of Finance be directed to transfer
$1,700 from Account No. 105-471-5014 (Salaries-
Temporary/Part-time) to Account No. 105-471-5027
(Health Benefits).
Heard at the Grants Committee meeting on October 1, 2002 - Committee
Members present: McCammack, Estrada and Anderson
28. Resolution of the Mayor and Conunon Council of the City of San Bernardino
authorizing the submittal of four project applications for FY 2004/2005 Hazard
Elimination Safety (HES) Program Funding. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
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10/21/2002
PUBLIC HEARINGS
Development Services
CONTINUED FROM OCTOBER 7,2002
TO BE HEARD AT 4:00 P.M.
29. Public hearing -- Ohio and Walnut Landscape Maintenance Assessment District
No. 1028 - Tract No. 14193. (Backup material was originally distributed on
August 19, 2002, Item No. 24, item was continued from September 9, 2002,
Item No. 25; item was continued from October 7, 2002, Item No. 26.)
Ward 5
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots representing at least fifty percent
(50%) affirmative votes for the proposed assessment have been received and that
the public convenience and necessity require the maintenance of landscaping in
the area of Ohio A venue and Walnut A venue, approving the final Engineer's
Report, creating an assessment district to cover the costs of said maintenance,
known as Assessment District No. 1028, ordering the work, confirming the
2003-2004 Assessment Roll, and determining that the Special Assessment,
Investigation and Limitation Act of 1931 shall not apply. (Resolution not
available at time of printing.)
Tbe hearing remains open. . .
MOTION: That the public hearing relative to the formation of Assessment
District No. 1028, be closed; and that said resolution be adopted.
CONTINUED FROM OCTOBER 11, 2002
TO BE HEARD AT 4:00 P.M.
30. Public hearing - resolution ordering vacation of portions of Rosewood Drive,
between Orchard Drive and Tippecanoe A venue and Orchard Drive, south of
Rosewood Drive. (Backup material was distributed on October 7, 2002,
Item No. 29; item was continued from October 11, 2002, Item No.2,) (No
cost to the City.) Ward 3
Resolution of the City of San Bernardino ordering the vacation of portions of
Rosewood Drive, between Orchard Drive and Tippecanoe A venue and Orchard
Drive, south of Rosewood Drive (Plan No. 10503). (Resolution not available
at time of printing.)
The hearing remains open. . .
(Item Continued on Next Page)
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30. Continued.
MOTION: That the public hearing be closed and the Findings of Fact as set
forth in the Staff Report dated October II, 2002, from James
Funk, Director of Development Services, as to why portions of
Rosewood Drive, between Orchard Drive and Tippecanoe
A venue and Orchard Drive, south of Rosewood Drive, are no
longer necessary for public street purposes, be adopted; and that
said resolution be adopted.
Police
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TO BE HEARD AT 4:00 P.M.
31. Public hearing - proposed expenditures of monies allocated from the FY 02/03
Local Law Enforcement Block Grant (LLEBG). (See Attached) (Cost to the
City -- $52,222 from the Federal and State Programs Fund; Grant amount
from LLEBG is $469,999.) All Wards
Mayor to open the hearing. . .
Resolution of the City of San Bernardino authorizing the Mayor and Common
Council to obligate and expend the awarded FY 02/03 Local Law Enforcement
Block Grant (LLEBG) funds for law enforcement support expenditures.
MOTION: That the matter be continued to November 4,2002.
TO BE HEARD AT 4:00 P.M.
32. Public hearing - proposed expenditures of monies allocated from the FY
2002/03 Citizen's Option for Public Safety (COPS) monies. (See Attached)
(No cost to the City -- $377,001 in COPS Option grant funds.)
Mayor to open the hearing. . .
Resolution of the City of San Bernardino authorizing the obligation and
expenditure of the allocated Citizens Option for Public Safety (COPS Option)
monies for FY 02/03 to supplement front-line law enforcement support services.
MOTION: That the matter be continued to November 4, 2002.
END OF PUBLIC HEARINGS
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CONTINUED ITEMS
Parks, Recreation & Community Services
CONTINUED FROM OCTOBER 7,2002
33. Resolution of the City of San Bernardino authorizing the Mayor of the City of
San Bernardino or her designee to execute a contract with the County of San
Bernardino to provide youth mentoring services as part of the County FOCUS
Project grant for the period of August 1, 2002 through June 30, 2003. (Backup
material was distributed on September 23, 2002, Item No. 17; Item was
continued to October 7, 2002, Item No. 31.)
MOTION: That said resolution be adopted.
Council Office
CONTINUED FROM OCTOBER 7, 2002
34. Legislative Task Force update. (Item continued from October 7, 2002, Item
No. 34.)
END OF CONTINUED ITEMS
STAFF REPORTS
35. Joint Mayor and Common Council/Planning Commission Workshop - General
Plan update program - October 21,2002 at 5:00 p.m. in the Economic
Development Agency boardroom.
END OF STAFF REPORTS
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10/21 /2002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, OCTOBER 21,2002 - 7:00 P.M.
PRESENT:
ABSENT:
R36. Proposed Plan Amendments to Uptown and Central City North Redevelopment
Project Areas.
A. Resolution of the Mayor and Common Council making certain findings,
determinations, and modifications to the adopted July 1, 2002 Project
Area Committee (PAC) Procedures for the Uptown Redevelopment
Project Area. (Resolution not available at time of printing,)
B. Resolution of the Mayor and Common Council of the City of San
Bernardino modifying the scope of the proposed Plan Amendments to
reinstate eminent domain for all properties located within the Uptown
and Central City North Redevelopment Project Areas. (Resolution not
available at time of printing,)
C. Resolution of the Mayor and Common Council of the City of San
Bernardino adopting procedures for the formation and election of a
Project Area Committee (PAC) and calling for formation of a PAC for
the proposed Plan Amendment to the Central City North Redevelopment
Project Area. (Resolution not available at time of printing.)
MOTION: That said resolutions A-C, be adopted.
37. 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.)
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10/21/2002
38. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday,
November 4, 2002, in the Council Chambers of City Hall, 300 North "D"
Street; however, the Mayor and Common Council will adjourn until 1 :30 p.m.
at which time closed session matters will be discussed. The public portion of
the meeting will begin at 3: 00 p. m.
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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