HomeMy WebLinkAbout07-20-2009 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
Fred Shorett
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 20, 2009 ? 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 10-13.)
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 subject to staff?s ability to post the documents before
the meetings.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
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1
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 ? existing litigation ? pursuant to
Government Code Section 54956.9(a):
Linda Williams v. City of San Bernardino, et al. ? San Bernardino
County Superior Court Case No. CIVSS 809402;
Jennifer Walker v. City of San Bernardino, et al. ? San Bernardino
County Superior Court Case No. CIVSS 806544;
Kenneth Kilpatrick v. Carlos Quiroz, et al. ? United Status District
Court Case No. EDCV 04-00771 and United States Court of Appeals,
Ninth Circuit Case No. 07-55633;
Patricia Morano v. City of San Bernardino, et al. ? San Bernardino
County Superior Court Case No. SCVSS 137616; Fourth District Court
of Appeals Case No. E0404471;
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. ?
United States Court of Appeals for the Ninth Circuit Case No. 07-56773;
People of the State of California v. Allen, et al. ? San Bernardino
County Superior Court Case No. CIVSS 818572;
People of the State of California v. In-N-Out, et al. ? San Bernardino
County Superior Court Case No. CIVSS 818573.
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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:
Agenda Item No. 29
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants, LLC v. City of San Bernardino
C. Conference with legal counsel ? anticipated litigation ? initiation of
litigation ? pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
Vickie R. Smith
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.
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items 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
15 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: June 15, 2009 (Distributed 7/9/09)
June 29, 2009 (Distributed 7/13/09)
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated July 2, 2009, 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 July 15, 2009, 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 Attorney
9. Resolution of the Mayor and Common Council of the City Of San Bernardino
authorizing the execution of a Professional Services Agreement with Arias &
Lockwood for legal services in the claim of Sheryl Nash, et al. (See Attached)
MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement with Arias &
Lockwood for legal services in the claim of Leslie T. Johnson, Jr. et al. (See
Attached)
MOTION: That said resolution be adopted.
11. Item deleted.
12. Item deleted.
13. Item deleted.
Public Services
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and the issuance of an annual
purchase order in the amount of $95,000 with two (2) one-year extensions at the
City?s option to Alexis Oil Company for automotive, heavy truck and heavy
equipment lubricants to be utilized by the Public Services Department, Fleet
Division. (See Attached) (Cost to the City - $95,000 from the Fleet Services
Fund) All Wards
MOTION: That said resolution be adopted.
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15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order in
the amount of $48,900 to the County of San Bernardino for slurry seal treatment
to the pavements on Fifth Street, from Waterman Avenue to 0.23 mile west of
Pedley Road and on Third Street, from Waterman Avenue to Tippecanoe
Avenue. (See Attached) (Cost to the City - $48,900 from the ½ Cent Sales
and Road Tax Fund; CIP) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Ad-Hoc Committee meeting of
June 30, 2009 ? Committee Members Present: Baxter, Estrada, Johnson
Fire
16. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application for the Fiscal Year 2009
Metropolitan Medical Response System (MMRS) to the San Bernardino County
Fire Department Office of Emergency Services and authorizing the Fire
Department to administer the grant. (See Attached) (No Cost to the City ? from
MMRS Grant Funding. $321,221 Projected in Grant Revenues) All Wards
MOTION: That said resolution be adopted.
Recommended for approval at the Grants Ad-Hoc Committee meeting of
July 14, 2009 ? Committee Members Present: Baxter, Estrada, Johnson
Police
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing acceptance of a Selective Traffic Enforcement Program (STEP)
Grant from the State of California Office of Traffic Safety (OTS) in the amount
of $222,034. (See Attached) (No Cost to the City - $222,034 from STEP
Grant).) All Wards
MOTION: That said resolution be adopted.
Heard at the Special Personnel Committee meeting of July 7, 2009 ?
Committee Members Present: Estrada, Kelley, McCammack
Human Resources
18. City Manager?s Office reorganization. (See Attached) (No Net Cost to the
General Fund)
(Item Continued on Next Page)
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18. Continued.
Recommended for approval
MOTION 1: That a salary adjustment be authorized for the position of
Assistant City Manager, from Range 4650, $11,356 - $13,804, to
Range 4685, $13,522 - $16,436 per month;
Recommended for approval
MOTION 2: That a salary adjustment be authorized for the position of Senior
Administrative Analyst, from Range 4490, $5,113 - $6,215, to
Range 4520, $5,938 - $7,218 per month;
Not recommended for approval
MOTION 3: That the position of Manager of Communications be established,
Range 4600, $8,850 - $10,757 per month;
Not recommended for approval
MOTION 4: That the job description for the position of Manager of
Communications be approved;
Recommended for approval
MOTION 5: That the Human Resources Department be authorized to update
Resolutions 97-244 and 2008-033; and
Recommended for approval
MOTION 6: That the Director of Finance be authorized to incorporate these
changes into the FY 2009-2010 adopted budget.
Heard at the Personnel Committee meeting of July 14, 2009 ? Committee
Members Present: Estrada, Kelley, McCammack
Human Resources
19. Fire Department Reorganization (See Attached)
Personnel Committee Recommendation
MOTION 1: That the Fire Department?s Management staff be kept as is; and
that the Fire Department be directed to generate additional
revenue of $254,200 (FY 09/10) through compliance enforcement
and the additional revenue be used to reinstate Firefighter
positions.
OR
(Item Continued on Next Page)
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19. Continued.
Staff Recommendation
MOTION 2: That the Fire Department Reorganization Plan be implemented as
outlined in Attachment A and the savings be used to balance the
FY 09/10 budget as proposed in the budget workshops.
Heard at the Personnel Committee meeting of July 14, 2009 ? Committee
Members Present: Estrada, Kelley, McCammack
Council Office
19A. Council Office Reorganization (See Attached)
MOTION: That funding be restored for the position of Council
Administrative Supervisor, Salary Range 3480, for FY 09/10;
and that the Finance Department be authorized to transfer
$71,852 from the General Fund Reserve or any other funding
source to the Council Office Budget Account No. 001-021-5011-
0000.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Attorney?s Office
20. Public Hearing - An Urgency Ordinance extending a temporary moratorium on
the establishment and operation of new Parolee/Probationer Group Homes,
Registered Sex Offender Group Homes and Unlicensed Group Homes. (See
Attached) All Wards
An Urgency Ordinance of the City of San Bernardino extending a temporary
moratorium on the establishment and operation of new Parolee/Probationer
Group Homes, Registered Sex Offender Group Homes and Unlicensed Group
Homes, declaring the urgency thereof, and taking effect immediately.
URGENCY
Mayor to open the hearing?
MOTION: That the hearing be closed; and that said urgency ordinance be
adopted.
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TO BE HEARD AT 4:30 P.M.
Development Services
21. Public Hearing - Resolution ordering the vacation of Romo Road, north of Sixth
Street, west of Del Rosa Drive. (See Attached) (No Cost to the City) Ward 1
Resolution of the City of San Bernardino ordering the vacation of Romo Road,
north of Sixth Street, west of Del Rosa Drive.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Findings of Fact, as set forth
in the staff report from the Director of Development Services
dated June 16, 2009, as to why the portion of Romo Road, north
of Sixth Street, west of Del Rosa Drive is no longer necessary for
public street purposes, be adopted; and that said resolution be
adopted.
TO BE HEARD AT 4:30 P.M.
Development Services
22. Public Hearing ? An Urgency Ordinance adding Area 6 to the areas designated
within the Emergency Shelter Overlay District as provided in Development
Code Section 19.10-E.020. (See Attached) All Wards
A. An Urgency Ordinance adding Area 6 to the areas designated within the
Emergency Shelter Overlay District as provided in Development Code
Section 19.10-E.020, declaring the urgency thereof, and taking effect
immediately. URGENCY
B. Ordinance adding Area 6 to the areas designated within the Emergency
Shelter Overlay District as provided in Development Code Section
19.10-E.020. FIRST READING
Mayor to open the hearing?
MOTION 1: That the hearing be closed; and that said urgency ordinance A be
adopted; or
MOTION 2: That the hearing be closed; and that said ordinance B be laid over
for final adoption; or
MOTION 3: That the hearing be closed; that the matter be continued to August
3, 2009; and that staff be directed to prepare an amendment to the
Urgency Ordinance (MC-1290) to include the OIP, Office
Industrial Land Use District and the area included in Option 2.
END OF PUBLIC HEARINGS
07/20/2009
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CONTINUED ITEMS
CONTINUED FROM JULY 6, 2009
Development Services
23. Resolution of the City of San Bernardino approving License Agreement No. 09-
37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance
of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th
Street (BR#54C0066). (No Cost to the City) (Backup distributed on April 6,
2009, Item No. 16; item continued to April 20, 2009, Item No. 34; item
continued to May 4, 2009, Item No. 27; item continued to May 18, 2009,
Item No. 22; item continued to June 1, 2009, Item No. 26; item continued to
June 15, 2009, Item No. 40; item continued to July 6, 2009, Item No. 51.)
(Resolution not available at time of printing.) Wards 1 & 3
MOTION: That the matter be continued to August 3, 2009.
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:30 P.M.
Recommended for approval at the Redevelopment Committee meeting on
June 18, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R24. Joint Public Hearing ? Meta Housing, Inc., Magnolia Highland, L.P.,
Disposition and Development Residual Receipts Loan Agreement (The Magnolia
at Highland Project ? Northwest Redevelopment Project Area) (Staff Report
not available at time of printing.) Ward 6
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the disposition of the Redevelopment Agency
of the City of San Bernardino?s properties located on the southwest
corner of Highland Avenue and Medical Center Drive (APN?s: 0143-
191-38, 46 and 63) to Meta Housing, Inc. ? Magnolia Highland, L.P.,
for the development of 79 units of affordable senior citizen rental
housing (Northwest Redevelopment Project Area). (Resolution not
available at time of printing.)
(Item Continued on Next Page)
07/20/2009
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R24. Continued.
Community Development Commission
B. 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 the 2009 Affordable Senior Citizen Rental
Housing Acquisition, Disposition and Development Agreement (?DDA?)
by and between the Agency and Meta Housing, Inc. ? Magnolia
Highland, L.P. (Northwest Redevelopment Project Area). (Resolution
not available at time of printing.)
MOTION: That the matter be continued to August 3, 2009.
CONTINUED FROM JULY 6, 2009
Recommended for approval at the Redevelopment Committee meeting on
June 4, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R25. Mary Erickson Community Housing, Inc. (?MECH?) ? Delegation and
authorization for the implementation of the Neighborhood Stabilization Program
(?NSP?) and approval of a certain Master Agreement between the Agency and
MECH (Backup distributed on June 15, 2009, Item No. R45; item continued
to July 6, 2009, Item No. R55.) Ward 7
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the expenditure of certain
Neighborhood Stabilization Program (?NSP?) funds pursuant to the
Housing and Economic Recovery Act of 2008 (?HERA?) in accordance
with NSP Grant Number B-08-MN-06-0520 in the principal amount
equal to $8,408,558. (Resolution not available at time of printing.)
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino accepting the delegation of administration and
management for the use of the City of San Bernardino Neighborhood
Stabilization Program (?NSP?) Funds in accordance with the Housing
and Economic Recovery Act of 2008.
(Item Continued on Next Page)
07/20/2009
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R25. Continued.
C. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the use of Low and Moderate
Income Housing funds and Neighborhood Stabilization Program (?NSP?)
funds through a certain Master Agreement by and between the
Redevelopment Agency of the City of San Bernardino (?Agency?) and
Mary Erickson Community Housing, Inc. (?MECH?), pursuant to the
Neighborhood Stabilization Program.
MOTION: That said resolutions A ? C, be adopted.
CONTINUED FROM JULY 6, 2009
Recommended for approval at the Redevelopment Committee meeting on
April 23, 2009 ? Committee Members Present: Johnson, Baxter, Brinker
R26. Recommended Intermediary Services in support of the Neighborhood
Stabilization Program (?NSP?) Request for Proposal (?RFP?) (Backup
material distributed on July 6, 2009, Item No. R59.) All Wards
Community Development Commission
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 enter into
a Master Agreement with each of the selected Intermediaries identified through
the Neighborhood Stabilization Program (?NSP?) Intermediary Services RFP
procurement process for the purpose of rehabilitating and selling Agency
identified and approved foreclosed and/or abandoned single-family residences
within the City of San Bernardino.
MOTION: That said resolution be adopted.
CONTINUED FROM JULY 6, 2009
Recommended for approval at the Redevelopment Committee meeting on
May 7, 2009 ? Committee Members Present: Johnson, Brinker
R27. City of San Bernardino and the Redevelopment Agency of the City of San
Bernardino ? Adoption of a Policy regarding the distribution of tickets or passes
pursuant to the requirements of Fair Political Practices Commission Regulation
18944.1. (Backup distributed on July 6, 2009, Item No. R58.) All Wards
(Item Continued on Next Page)
07/20/2009
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R27. Continued.
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino adopting a Joint Policy with the Redevelopment Agency of
the City of San Bernardino regarding the distribution of tickets or passes
pursuant to the requirements of Fair Political Practices Commission
Regulation 18944.1. (Resolution not available at time of printing.)
Community Development Commission
B. Resolution of the Community Development Commission of the City of
San Bernardino adopting a Joint Policy with the City of San Bernardino
regarding the distribution of tickets or passes pursuant to the
requirements of Fair Political Practices Commission Regulation 18944.1.
MOTION: That said resolutions A and B, be adopted.
R28. Delegation of administration and management for the use of the City of San
Bernardino Neighborhood Stabilization Program (?NSP?) funds in accordance
with the Housing and Economic Recovery Act of 2008. (See Attached)
All Wards
Mayor and Common Council
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the expenditure of certain
Neighborhood Stabilization Program (?NSP?) funds to be utilized for
acquisition, demolition, rehabilitation and resale activities pursuant to the
Housing and Economic Recovery Act of 2008 (?HERA?) in accordance
with NSP Grant Number B-08-MN-06-0520.
Community Development Commission
B. Resolution of the Community Development Commission of the City of
San Bernardino accepting the Delegation of Administration and
Management for the use of the City of San Bernardino Neighborhood
Stabilization Program (?NSP?) funds to be utilized for acquisition,
demolition, rehabilitation and resale activities in accordance with the
Housing and Economic Recovery Act of 2008.
MOTION: That said resolutions A and B, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
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PLANNING ITEMS
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM JULY 6, 2009
Development Services
29. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) ?
Appeal of the Planning Commission?s denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed homeless
shelter with related support facilities and office space located at 840 North
Sierra Way in the RM, Residential Medium, land use district. (Backup
distributed on March 16, 2009, Item No. 24; item continued to April 6,
2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item
continued to May 18, 2009, Item No. 28; item continued to June 1, 2009,
Item No. 38; item continued to June 15, 2009, Item No. 46; item continued
to July 6, 2009, Item No. 64.) Ward 1
Owner: Faith Temple AP Ministries
840 North Sierra Way
San Bernardino, CA 92401
Appellant: Dr. Garnett Newcombe
Human Potential Consultants, LLC
500 East Carson Plaza Dr. No. 127
Carson, CA 90746
The hearing was closed.
MOTION: That the matter be continued to August 3, 2009.
END OF PLANNING ITEMS
30. 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.)
07/20/2009
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31. Adjournment.
MOTION: That the meeting be adjourned to 4 p.m., Tuesday, July 28,
2009, in the Economic Development Agency Boardroom to
consider the Fiscal Year 2009/10 City and Economic
Development Agency budgets.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, August 3, 2009, 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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