HomeMy WebLinkAbout09-04-01Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, SEPTEMBER 4, 2001 - 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 pages 12-15.)
CALL TO ORDER:
PRESENT:
ABSENT:
CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and the
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):
Credit Bureau of San Bernardino and Lawrence I. Winslow v.
City of San Bernardino, et al. - San Bernardino Superior
Court Case No. SCVSS 711169;
Vibhakerbhal B. Patel; Vimalabrn V. Patel v. City of San
Bernardino, et al. - United States District Court Case No.
EDCV 01-592 VAP (SGLx).
(Item Continued on Next Page)
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9/4/2001
1. Continued.
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.
Negotiator: Ed Raya, Director of Human Resources
Employee Organization: San Bernardino Public Employees'
Association - General Unit
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
1.
Property Address:
Real estate parcels bordered
by Rialto Avenue on the north,
E Street on the east, Mill
Street on the south and the
215 Freeway on the west
Negotiating Parties:
Timothy Cook on behalf of the
City of San Bernardino and
property owners of the affected
real estate parcels
Under Negotiation: Purchase terms & conditions
2.
Property Address:
1-1
Negotiating Parties:
John Magness on behalf of
Hillwood Investments and Fred
Wilson on behalf of the City of
San Bernardino
2
9/4/2001
1. Continued.
3.
Under Negotiation:
Property Address:
Negotiating Parties:
Purchase terms & conditions
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ramirez
Gerry C. Politano & Lea G. Politano
Cruz Avila & Leonor Avila
Ronnie E.Searcy & Susan Ann Searcy
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
Alta J.Moffitt
Charles L. Brown
Elisa L. Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay
Hansen
Ronald Norris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida I. Tongpo
Pedrito B. Tongpo & Perida I. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
L.L.C., A CA Limited Liability Co.
0281-081-01
0281-081-02
0281-081-03
0281-081-04
0281-081-05
0281-082-05
0281-082-06
0281-082-07
0281-082-08
0281-082-09
0281-082-10
0281-082-11
0281-082-12
0281-082-13
0281-082-14
0281-082-15
0281-082-16
0281-082-17
0281-082-26
0281-082-27
0281-082-28
0281-082-29
0281-082-30
0281-082-32
0281-082-33
0281-082-34
0281-082-35
0281-082-36
0281-082-37
0281-082-38
0281-082-39
0281-082-40
0281-082-41
0281-082-55
0281-082-57
0281-083-01
0281-083-02
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9/4/2001
1. Continued.
0281-083-04
0281-083-05
0281-083-06
0281-083-07
0281-083-08
0281-083-09
0281-083-10
0281-083-11
0281-083-12
0281-083-13
0281-083-14
0281-083-15
0281-083-16
0281-083-17
0281-083-18
0281-083-20
0281-091-39
Under Negotiation:
Jaks, L.L.C., A CA Limited Liability Co.
Henry W. Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
Leo Rittenhouse
Harold P. Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern I. Kopitzke, Trustee
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Purchase terms and conditions
END OF CLOSED SESSION
4
9/4/2001
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Animal Control Commission - James T. Hall - Council
Member Anderson. (See Attached)
MOTION: That the appointment of James T. Hall to the
Animal Control Commission, as requested by
Council Member Anderson, be approved.
3. Presentations.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 17, 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, su pplemen tal and addend urn to the
su pplemen tal agendas of the Mayor and Common
Council/Community Development Commission be
waived.
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9/4/2001
6.
Council Minutes.
(See Attached)
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:
May 21, 2001
(Distributed on 8/22/01)
7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief
Examiner dated August 29, 2001, 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
8. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of a contract for services with
the Humane Society of San Bernardino Valley, Inc. to provide
mobile spay and neuter services in the City of San Bernardino.
(Cost to the City -- $30,000 from the Animal Control Fund.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
City Administrator
9. 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's full-time employee 457
Deferred Compensation Plan and the City's part-time, seasonal,
and temporary employee (PST) 3121 Deferred Compensation Plan.
(See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
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9/4/2001
City Attornev
10. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of Professional Services
Agreements between Lewis, D'Amato, Brisbois & Bisgaard and the
City of San Bernardino to represent the City in the cases of Avila
Construction, Inc. v. City of San Bernardino, et ai, and David M.
Sanborn, dba Sanborn Pipeline Contractors v. Avila Construction,
Inc., et al. (See Attached)
MOTION: That said resolution be adopted.
City Clerk
11. A Resolution of the City of San Bernardino repealing Resolution
No. 2001-250 and amending Resolution No. 1999-173 relating to
dine and dance/entertainment investigation fee. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Development Services
12. Resolution of the City of San Bernardino authorizing the initiation
of reorganization proceedings between the City of San Bernardino
and the City of Highland relative to a realignment of City
boundaries along a portion of 3rd Street, between Tippecanoe
Avenue and a point approximately 232 feet east of Shirley Avenue
and City boundaries between Del Rosa Drive and Del Rosa Avenue
north of 3rd Street. (No cost to the City.) (Resolution not
available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
13. Authorization to proceed with study evaluating the request to close
Pennsylvania Avenue south of 19th Street, and waive $1,000
administrative fee required to initiate the study. (See Attached)
(Cost to the City -- $1,000 in unrealized revenue to the
General Fund.) Ward 6
MOTION: That the Mayor and Common Council authorize the
Development Services Department to proceed with a
study relative to the request to close Pennsylvania
Avenue south of 19th Street and that the $1,000
administrative fee required to initiate this study be
waived.
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9/4/2001
Finance
14. Resolution of the City of San Bernardino authorizing the execution
of a Master Services Lease-Purchase Agreement with Sun Trust
Leasing Corporation for the provision of lease- purchasing financing
services. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Fire
LAID OVER FROM AUGUST 20, 2001
15. Ordinance of the City of San Bernardino adding Section 15.16.400
to the San Bernardino Municipal Code, designating the Building
Official as an authorized representative of the Fire Chief to enforce
building standards adopted by the California State Fire Marshal
related to new construction or alterations. FINAL READING
(Backup material was distributed on August 20, 2001, Item No.
34.)
MOTION: That said ordinance be adopted.
Parks, Recreation and Community Services
16. Resolution awarding a purchase agreement to David-Richards
Electric for the installation of park security lighting at Wildwood
Park Dog Park in accordance with bid specification F-01-65. (See
Attached) (Cost to the City -- $48,712 from the Park
Construction Fund.) Ward 1
MOTION: That said resolution be adopted.
Water
17. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a Utility Replacement and Easement
Exchange Agreement between the City of San Bernardino, the City
of San Bernardino Municipal Water Department and East Valley
Water District. (No cost to the City.) (Resolution not available
at time of printing.) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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9/4/2001
PUBLIC HEARINGS
Development Services
18. Public hearing - oral bids at 10:00 a.m. and awarding of bid - sale
of City Water Department property located at the northwest corner
of Little League Drive and the 1-215 frontage road. (See Attached)
(No cost to the City.) Ward 5
Mayor to open the hearing . . .
MOTION #1:
That the hearing be closed.
MOTION #2:
That the oral bid in the amount of
be awarded to
OR
MOTION #3:
That the Director of Development Services be
authorized to proceed with preparation of a
Tentative Tract Map and secure entitlements for
the development of this parcel.
END PUBLIC HEARINGS
STAFF REPORTS
Council Office
19. League of California Cities Legislative Task Force update.
END OF STAFF REPORTS
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9/4/2001
CONTINUED ITEMS
Development Services
CONTINUED FROM JUNE 4, 2001
20. Request to continue to December 3, 2001, the Resolution
approving Final Map for Tentative Tract No. 14112, located
northeasterly of the intersection of Foothill Drive and Sterling
Avenue. (New Staff Report Attached) (No cost to the City.)
(Backup material was distributed on May 17, 1999, Item No.
14; item was continued to August 16, 1999, Item No. 31; item
was continued to December 6, 1999, Item No. 33; item was
continued to March 6, 2000, Item No 29; item was continued
to June 5, 2000, Item No. 26; item was continued to
September 5, 2000, Item No. 33; item was continued to
December 4, 2000, Item No. 20; item was continued to March
5, 2001, Item No. 14; and item was continued to June 4, 2001,
Item No. 34.) Ward 4
MOTION: That the Final Map for Tentative Tract No. 14112 be
continued to the Council meeting of December 3,
2001.
Police
CONTINUED FROM AUGUST 20, 2001
21. Resolution of the City of San Bernardino authorizing the Mayor of
San Bernardino to execute a services agreement with the San
Bernardino City Unified School District for the operation of the
School Crossing Guards Program by the Police Department. (Cost
to the City for Program $288,400 - Agreement obligates San
Bernardino City School District to pay for one-half of cost, not
to exceed $144,200 for FY 2001/2002.) (Backup material was
distributed on July 23, 2001, Item No. 20, and item was
continued to August 20, 2001, Item No. 35.)
MOTION: That said resolution be adopted.
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9/4/2001
PLANNING ITEMS
22.
TO BE HEARD AT 11:00 A.M.
Public Hearing - Development Code Amendment
expand the permitted uses at the Carousel Mall.
(No cost to the City.)
No. 01-05 - to
(See Attached)
An ordinance of the City of San Bernardino amending Section
19.06.020 of the San Bernardino Municipal Code (Development
Code) to add permitted uses in the CR-1, Commercial Regional-
Malls land use district. FIRST READING (Ordinance not
available at time of printing.) Wards 1&3
Applicant: Sam Catalano
Central City Company
295 Carousel Mall
San Bernardino, CA 92403
909.884.0106
Request/Location: A request to amend the Development Code to
expand the range of permitted uses in the CR-1, Commercial
Regional-Malls land use district. The CR-1 district includes both
Carousel Mall and Inland Center Mall. Although not specifically
requested by Inland Center Mall, this amendment would allow the
same uses at that location.
Mayor to open the hearing . . .
MOTION: That the hearing be continued until October 1,2001.
23. Public hearing - Development Code Amendment No. 00-01 - to
establish Social Service Uses/Centers as conditionally permitted
uses and Conditional Use Permit No. 00-11 - to establish a facility
for Central City Lutheran Mission at the southwest corner of
Virginia and "G" Streets. (See Attached) (No cost to the City.)
An ordinance of the City of San Bernardino amending Chapter
19.02 (Definitions) and Chapter 19.04 (Residential Districts) and
Chapter 19.06 (Commercial Districts) of the San Bernardino
Municipal Code (Development Code) to add text related to
definitions, requirements and standards for social services
uses/ centers. FIRST READING (Ordinance not available at time
of printing.) Ward 2
(Item Continued on Next Page)
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9/4/2001
23. Continued.
DCA Applicant: City of San Bernardino
CUP Applicant: Pastor David Kalke
Central City Lutheran Mission
1354 N. "G" Street
San Bernardino, CA 92405
909.381.6921
Request/Location: The Development Code Amendment will
establish Social Service/Uses/Centers as conditionally permitted
uses in the multi-family land use districts. It includes a definition
of Social Service Uses/Centers that may include a mix of
community serving uses including food service, childcare facilities,
job training and after school programs, medical clinics, recovery
facilities, and related residential components, operated by
nonprofit agencies.
The Conditional Use Permit is to allow the Central City Lutheran
Mission to establish a social service facility at the southwest corner
of "G" Street and Virginia Street, in conjunction with their existing
facility. The new uses include a clinic, dormitory facility for
interns, classrooms, and a multi-purpose facility.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; the Negative Declaration be
adopted; the first reading be waived and the ordinance
be laid over for final adoption; and Conditional Use
Permit No. 00-11 be approved, based on the Findings
of Fact, subject to the Conditions of Approval and
Standard Requirements.
END OF PLANNING ITEMS
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9/4/2001
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY, SEPTEMBER 4,2001 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
CONTINUED FROM AUGUST 20, 2001
R24. Joint Public Hearing - amendment to extend eminent domain
power on non-residential property in the Mt. Vernon Corridor
Redevelopment Project. (Backup material was distributed on
August 20, 2001, Item No. R38.) Wards 1, 3 & 6
The hearing remains open . . .
(Community Development Commission)
Resolution of the Community Development Commission of the City
of San Bernardino making a finding that conditions of blight
burden the Redevelopment Project Area of the Mt. Vernon Corridor
Redevelopment Project, approving the Section 33352 Report to the
Mayor and Common Council on the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project, and recommending the Certification of the
Addendum to the 1990 Environmental Impact Report.
(Mayor and Common Council)
An ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and
Common Council and adopting the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project and certifying an Addendum to the 1990
Environmental Impact Report. FIRST READING
(Item Continued on Next Page)
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9/4/2001
R24. Continued.
MOTION: That the Community Development Commission and
Mayor and Common Council close the joint public
hearing and consider written objections to the 2001
Eminen t Domain Amendment and direct preparation
of written findings in response thereto as applicable;
that said resolution be adopted; and that said
ordinance be laid over for final adoption.
CONTINUED FROM AUGUST 20, 2001
R25. Joint public hearing - amendment to re-establish eminent domain
power on non-residential property in the Central City South
Redevelopment Project. (Backup material was distributed on
August 20, 2001, Item No. R39.) Wards 1 & 3
The hearing has been closed . . .
(Community Development Commission)
Resolution of the Community Development Commission of the City
of San Bernardino, making a finding that conditions of blight
burden the Redevelopment Project Area of the Central City South
Redevelopment Project Area, approving the Section 33352 Report
to the Mayor and Common Council on the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Central City South
Redevelopment, approving the 2001 Eminent Domain Amendment
to the Redevelopment Plan and recommending the certification of
the Addendum to the 1976 Environmental Impact Report.
(Mayor and Common Council)
A Resolution of the Mayor and Common Council of the City of San
Bernardino approving and adopting a response to written and oral
objections received prior to or at the August 20,2001, joint public
hearing concerning the proposed 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Central City South
Redevelopment Project.
(Item Continued on Next Page)
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9/4/2001
R25. Continued.
(Mayor and Common Council)
An Ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and
Common Council and adopting the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Central City South
Redevelopment Project and certifying an Addendum to the 1976
Environmental Impact Report. FIRST READING (Ordinance not
available at time of printing.)
MOTION: That said resolutions be adopted; and that said
ordinance be laid over for final adoption.
CONTINUED FROM AUGUST 20, 2001
R26. Joint Public Hearing - Tippecanoe Retail Project - In-N-Out Owner
Participation Agreement. (See Attached) (Cost to the Agency
$1,019,262 from the tax increment.) Ward 3
Mayor to open the hearing . . .
(Community Development Commission)
A Resolution of the Community Development Commission of the
City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino, making
certain findings and determinations pursuant to Health and Safety
Code Section 33433, making other findings and determinations in
accordance with the California Environmental Quality Act and
approving that certain owner participation agreement by and
between the Redevelopment Agency of the City of San Bernardino
and In-N-Out Burgers on the terms set forth in such agreement.
(Resolution not available at time of printing.)
(Mayor and Common Council)
A Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging receipt of a report relating to that
certain Owner Participation Agreement by and between the
Redevelopment Agency of the City of San Bernardino and In-N-Out
Burgers. (Resolution not available at time of printing.)
MOTION: That the hearing be closed; and that said resolutions
be adopted.
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9/4/2001
R27. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and approving Contract Change Order No.
1 in the amount of $30,000 to T.Y. Lin for additional engineering
and inspection services of the Agency's five-level parking structure.
(See Attached) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
28. 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
Developmen t 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.)
29. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, September 17, 2001, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
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9/4/2001
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 Developmen t 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
pu blic.
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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9/4/2001