HomeMy WebLinkAbout03-15-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 15, 2004 - 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 Page 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.
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 - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
People v. John Fountain - San Bernardino Superior Court Case No.
SCVSS 102357;
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03/15/2004
1. Continued.
Alice Thomas & Allean Wilson v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 098359;
Sylvia Marie Ysais v. City of San Bernardino, Kevin Emmett Savage, et
al. - Riverside Superior Court Case No. RIC 385024;
California Bio-Mass, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Coun Case No. SCVSS 083473.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
Neighbors of San Manuel Tribe v. City
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City v. San Manuel Band of Serrano Mission Indians
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
1. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
APN 0136-111-22 (a portion thereof)
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03/15/2004
1. Continued.
Negotiating Parties: Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency (owner) and Mill
Street Development, LLC (Buyer)
Under Negotiations: Purchase price, terms & conditions
2.
Property:
Negotiating Parties:
Under Negotiation:
North Arden-Guthrie
3.
Property:
Negotiating Parties:
Under Negotiation:
4.
Property:
Negotiating Parties:
Under Negotiation:
Mt. Vernon
5.
Property:
Negotiating Parties:
Under Negotiation:
APN: 0136-201-140000
Fred Wilson on behalf of the City of San
Bernardino and California Diversified
Properties on behalf of the property owners
Lease costs, terms and conditions
APN 1191-021-21
2073 N. Newcomb Street
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency and Lydia
Mayers, property owner
Purchase price, terms and conditions
APN 1191-021-48
2105 N. Dumbarton Avenue
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency and Ahonen
Petri, property owner
Purchase price, terms and conditions
APN 0138-115-06
514 N. Mt. Vernon Avenue
Gary Van asdel, Executive Director, on behalf
of Redevelopment Agency and Dan Virgilio,
property owner
Purchase price, terms & conditions
END OF CLOSED SESSION
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03/15/2004
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Appointments - Mayor Valles
Appointment - Marion Vassilakos - Board of Library Trustees - Mayor
Valles. (See Attached)
MOTION: That the appointment of Marion Vassilakos to the Board
of Library Trustees, as requested by Mayor Valles, be
approved.
B. Appointments - Council Member Estrada
Appointment - Senior Affairs Commission - Bobbie J. Johnson -
Council Member Estrada. (See Attached)
MOTION: That the appointment of Bobbie J. Johnson to the Senior
Affairs Commission, as requested by Council Member
Estrada, be approved.
C. Appointments/Re-appointments - Council Member McGinnis
Appointment - Human Relations Commission - Damon L. Alexander.
(See Attached)
Re-appointment - Doris Turner - Bureau of Franchises. (See Attached)
Re-appointment - Willie M. Brue - Community Development Citizens
Advisory Committee and Senior Affairs Commission. (See Attached)
Re-appointment - Gwen Terry - Community Television Commission.
(See Attached)
Re-appointment - Jane Messer - Fine Arts Commission. (See Attached)
Re-appointment - Howard E. Sullivan - Board of Police Commission
(See Attached)
MOTION: That the appointments/re-appointments, as requested by
Council Member McGinnis, be approved.
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03/15/2004
2. Continued.
D. Appointments/Re-appointments - Council Member Kelley
Appointment - Anthony Blacksher - Board of Building Commissioners
Appointment - Harold Hoppins - Board of Fire Commissioners
Appointment - Shari Beattie - Human Relations Commission
Appointment - Larry A. Heasley - Planning Commission
Appointment - Randy Kent - Parks & Recreation Commission
Appointment - Colleen M. Devlin-Burgraff - Board of Police
Commissioners
Appointment - Louella P. Deetz - Senior Affairs Commission
Re-appointment - Lisa Blacksher - Fine Arts Commission
Re-appointment - Dr. Louis A. Fernandez - Bureau of Franchises
MOTION: That the appointments/re-appointments, as requested by
Council Member Kelley, be approved.
E. Appointments/Re-appointments - Council Member Johnson
Appointment - Ricky Harris - Parks & Recreation Commission
Appointment - Dolores Armstead - Planning Commission
Appointment - Draymond Crawford II - Board of Police Commissioners
Re-appointment - Linda Hart - Fine Arts Commission
Re-appointment - Sylvia Arias - Board of Fire Commissioners
Re-appointment - Maxine Barnett - Human Relations Commission
Re-appointment - Precious Wesley - Senior Affairs Commission
MOTION: That the appointments/re-appointments, as requested by
Council Member Johnson, be approved.
3. Presentations.
A. 2003 Employee Awards Presentation.
B. Service Pin A ward Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its nonnal
sequence on the agenda. Infonnation concerning Consent Calendar items is
available for public review.
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03/15/2004
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
28, be adopted except for _, _, _, _, and _.
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on the regular,
supplemental and addendum to the supplemental agendas of the
Mayor and Common Council/Community Development
Commission, be waived.
6. Council Minutes.
MOTION: That the minutes of the following meeting of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form: February 17, 2004 (Distributed on 3/5/04)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated March 2, 2004,
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 March 10, 2004 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 an increase to an annual purchase order to Professional
Communications Network (PCN) for telephone answering services provided to
the Animal Control Department. (See Attached) (Cost to the City -- $8,000
from the Animal Control Fund.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
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03/15/2004
City Administrator
10. Request for waiver of Temporary Use Permit - Inland Behavioral and Health
Services, Inc. (See Attached) (Cost to the City -- $361.75 from the General
Fund.) Ward 6
MOTION: That the request by Inland Behavioral and Health Services for a
waiver of the temporary use permit in the amount of $361. 75 in
connection with their 4th Annual Health Fair to be held on June
26, 2004, at the Whitney Young Family Health Clinic, be
approved.
11. Request for waiver of fees - Our Lady of Assumption Church Family Fun Fair
- May 16, 2004. (See Attached) (Cost to the City -- $891 from the General
Fund.) Ward 4
MOTION: That the request by Our Lady of Assumption Church for a waiver
of City fees in the amount of $891 in connection with their
Family Fun Fair at Our Lady of Assumption Church on May 16,
2004, be approved.
Development Services
LAID OVER FROM MARCH 1, 2004
12. An Ordinance amending Chapter 8.80 of the San Bernardino Municipal Code
pertaining to the protection and regulation of the City's storm water drainage
system. FINAL READING (Backup material distributed on March 1, 2004,
Item No. 27.)
MOTION: That said ordinance be adopted.
LAID OVER FROM MARCH 1, 2004
13. An Ordinance of the City of San Bernardino modifying Chapter 19.22 (Sign
Regulations) of the San Bernardino Municipal Code (Development Code) related
to electronic sign requirements for auto dealerships. FINAL READING
(Backup distributed on February 17, 2004, Item No. 31; item continued to
March 1, 2004, Item No. 28.)
MOTION: That said ordinance be adopted.
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03/15/2004
14. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Eberhardt Construction Inc., for construction of
Verdemont Fire Station No. 232 (GB04-02), per Plan No. 10808A. (See
Attached) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
Council Office
15. Resolution of the Mayor and Common Council of the City of San Bernardino
naming the Verdemont Fire Station in memory of former Councilman Jerry M.
Devlin. (See Attached) (Resolution not available at time of printing.)
Ward 5
MOTION: That said resolution be adopted.
Development Services
16. Resolution of the City of San Bernardino authorizing the execution of First
Amendment to Cooperative Agreement between the City of San Bernardino and
the San Bernardino Associated Governments (SANBAG) for the San Bernardino
Metrolink Commuter Rail Station and the San Bernardino Santa Fe Depot
Rehabilitation Project, Contract No. 04-040. (See Attached) (Resolution not
available at time of printing.) Ward 1
MOTION #1: That said resolution be adopted;
MOTION #2: That the Director of Finance be authorized to amend the FY
2003-04 budget to increase the project budget Account No. (123-
558-5504-7178) by $160,000 and to reflect revenue
reimbursement for Santa Fe Depot Rehabilitation by the same
amount as reflected in the "First Amendment to Cooperative
Agreement 04-040" with SANBAG; and
MOTION #3: That the Director of Development Services be authorized to
execute Change Order No. Six in the amount of $143,983 to
contract with Solpac, Inc., d. b. a. Soltek Pacific for the San
Bernardino Historic Santa Fe Depot Renovation and Restoration
Project, per Plan No. 10446.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to International Pavement Solutions, Inc. for the landscape
medians/Phase I on "E" Street between 2nd Street and 4th Street (SS04-36) per
Plan No. 10454B. (See Attached) (Cost to the City -- $144,222 from various
funds) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
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03/15/2004
18. Resolution of the City of San Bernardino approving a Services Agreement with
Transtech Engineering, Inc. for design of new signals, modified signals and
signal interconnect systems (City funded project). (See Attached) (Cost to the
City -- $89,705 from various 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 2003/04 CIP budget by
transferring $20,000 from Account No. 250-370-5504-7336
"TC04-11 Highland Avenue and Guthrie Street Traffic Signal" to
Account No. 250-370-5504-XXXX "TC04-25 Arden Avenue and
20th Street Traffic Signal."
19. Resolution of the City of San Bernardino approving a Services Agreement with
Lim & Nascimento Engineering Corporation for project management of the Mt.
V ernon Avenue Viaduct over the BNSF Railroad. (See Attached) (Cost to the
City -- $49,000 [80% of the cost is grant funded; 20% local match
anticipated from % Cent Sales and Road Tax and State Infrastructure Bank
Loan.) (Resolution not available at time of printing.) Wards 1&3
MOTION: That said resolution be adopted.
20. Authorize execution of Change Order No. Two to contract with Dalaj
International Corp. for bridge seismic retrofit at four locations and replacement
of rail barrier at Rialto Avenue per Plan No. 10309. (See Attached) (Cost to
the City -- $99,542.41 [$20,653.45 eligible for federal reimbursement; staff
is seeking additional federal funding for $77,888.96 balance].) Wards 1,3&6
MOTION: That the Director of Development Services be authorized to
execute Change Order No. Two to contract with Dalaj
International Corporation in the amount of $99,542.41 for bridge
seismic retrofit at four locations and replacement of rail barrier at
Rialto Avenue per Plan No. 10309.
21. Authorization to proceed - proposed vacation of a portion of Mountain View
Avenue, north of San Bernardino Avenue, south of Riverview Drive and plan
approval. (See Attached) (No cost to the City -- $1,000 fee paid by
applicant.) Ward 3
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03/15/2004
21. Continued.
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed vacation of a portion of
Mountain View Avenue, north of San Bernardino Avenue, south
of Riverview Drive; and that Plan No. 11001 be approved.
22. Resolution of the City of San Bernardino authorizing and directing the execution
of an Acquisition Agreement with the San Bernardino County Flood Control
District and an Acquisition Agreement and Right of Entry with BBC Properties,
LLC, for certain easements relative to the State Street storm drain project
generally in the vicinity of the southerly extension of State Street at Base Line
Street. (See Attached) (No cost to the City.) (Resolution not available at
time of printing.) Ward 6
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an agreement with Tom Dodson & Associates
to perform Planning and Environmental Consulting Services. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Facilities Mana~ement
24. Resolution of the Mayor and Common Council of San Bernardino authorizing
the issuance of a purchase order to Construction Testing & Engineering, Inc. to
perform professional materials testing and inspection services for the Verdemont
Fire Station #232. (See Attached) (Cost to the City -- $32,850 in CIEDB
Funding) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2003/04 budget to add the $2.5
million CIEDB loan to fund 211 (Fire Capital & Infrastructure
Costs).
25. Resolution of the Mayor and Common Council of San Bernardino authorizing
the Mayor to execute a contract with the County of San Bernardino and the Boys
& Girls Club of San Bernardino to provide restroom improvements at the Boys
& Girls Club using County CDBG funds. (See Attached) (Resolution not
available at time of printing.) Ward 6
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03/15/2004
25. Continued.
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2003/04 adopted budget and
increase Account No. 001-321-5706 by $60,000 and the
offsetting revenue account by $60,000 to reflect the County
CDBG reimbursement to be received.
26. Resolution of the Mayor and Common Council of San Bernardino authorizing
the Mayor to enter into a contract with the Central City Company, LLC, to
allow use of City owned restroom facilities at Carousel Mall. (See Attached)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
Human Resources
27. Resolution of the City of San Bernardino approving a side letter to Resolution
1999-154, resolution implementing a Memorandum of Understanding between
the City of San Bernardino and employees in the Fire Safety unit represented by
the San Bernardino City Professional Firefighters, Local 891. (See Attached)
(Cost to the City -- $4,688,100 from the General Fund.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
28. Reject all bids submitted in response to Bid No. F-04-043, Landscape Service at
Pioneer Memorial Cemetery; and authorize the Purchasing Manager to re-
advertise for bids. (See Attached) (No cost to the City.) Ward 1
MOTION: That the Mayor and Common Council reject all bids received in
response to Bid No. F-04-043 (landscaping service at Pioneer
Cemetery); and authorize the Purchasing Manager to re-advertise
for bids for this service.
END OF CONSENT CALENDAR
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03/15/2004
COMMITTEE CONSENT
Recommended for approval at the Grants Ad Hoc Committee held on
March 9,2004 - Members Present: McCammack, Estrada and Lon~ville
Parks, Recreation & Community Services
29. Resolution of the City of San Bernardino authorizing the Mayor of the City of
San Bernardino or her designee to apply for and administer a grant from San
Bernardino County Department of Aging and Adult Services for senior
supportive services from the period of July 1, 2004 through June 30, 2005. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Grants Ad Hoc Committee held on
February 24, 2004 - Members Present: McCammack and Anderson
Police
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Police Department to apply for and accept a California Seat Belt
Compliance Campaign mini grant extension from the State of California Office
of Traffic Safety in the amount of $67,944. (See Attached) (No cost to the
City.) All Wards
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
31. Public hearing to receive oral bids and award of bid - sale of City property
located at the northwest corner of Little League Drive and the 1-215 frontage
road. (See Attached) (No cost to the City - Revenue from sale $95,000, less
closing costs.) Ward 5
Mayor to open the hearing . . .
MOTION: That the public hearing be opened and to continued to April 5,
2004.
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03/15/2004
TO BE HEARD AT 4:00 P.M.
32. Public hearing - vacation of a portion that certain east/west alley south of Base
Line Street, between Lugo Avenue and Sepulveda Avenue. (Document not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the matter be continued to April 5,2004.
END OF PUBLIC HEARINGS
STAFF REPORTS
City Clerk
33. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)( 1).
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
Development Services
34. Approve form of Mitigation Agreement with perspective developers in the
Verdemont Fire Station Service Area - and execution of final form of
Mitigation Agreement with participating developers. (Document not available
at time of printing.)
MOTION: That the Mayor and Common Council approve the form of
Mitigation Agreement with perspective developers in the
Verdemont Fire Station Service Area and authorize execution of
the final form of Mitigation Agreement with participating
developers.
END OF STAFF REPORTS
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03/15/2004
COMMUNITY DEVELOPMENT COMMISSION
R35. Public works improvements to the southeasterly and southwesterly corners of
Baseline Street and Mt. Vernon Avenue. (Document and Resolution not
available at time of printing.) Wards 1 & 6
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino, California (1) consenting to the payment of certain street
improvements ("Improvements") within the Northwest and Mt. Vernon
Corridor Redevelopment Project Areas by the Redevelopment Agency of
the City of San Bernardino ("Agency"), (2) making certain findings with
respect to said Improvements, and (3) authorizing the Mayor to execute a
Street Improvement Agreement by and between the City of San
Bernardino ("City") and the Agency. (Resolution not available at time
of printing.)
(Community Development Commission)
B. A Resolution of the Community Development Commission of the City of
San Bernardino, California authorizing the Executive Director of the
Agency to execute the Street Improvement Agreement by and between
the City of San Bernardino ("City") and the Agency for the payment and
provision of certain street improvements within the Northwest and Mt.
Vernon Corridor Redevelopment Project Areas. (Resolution not
available at time of printing.)
MOTION: That said resolutions A & B, 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 to 10:00 a.m., Tuesday, March
30, 2004, in the Management Information Center (MIC), 6th
Floor, City Hall, for a budget workshop.
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03/15/2004
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, April 5, 2004, 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.
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