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HomeMy WebLinkAbout11-01-2004 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, NOVEMBER 1, 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 Pages 14-16.) 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): City of San Bernardino Municipal Water Department v. United States Department of the Army - United States District Court Case Nos. CV 96-8867 and CV 96-5205; 1 11/01/2004 1. Continued. City of San Bernardino, a Municipal Corporation and the Economic Development Agency for the City of San Bernardino v. Valerie Pope- Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court Case No. SCVSS 108965; Dale Evan Miley v. J. Valdivia, Officer J. Rodriguez - United States District Court Case No. EDCV 04-768 ABC (CW); Salvador Torres v. City, et al. - San Bernardino Superior Courl Case No. SCVSS 082631. 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: Potential Defendants: Fire Chief Larry Pitzer; Fire Captain Ralph Romero and Fire Engineer Kevin Bathgate C. Conference with legal counsel - anticipated litigation - ImtIatlOn of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. City of Riverside 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. 1. Property: 247 W. Third Street 2 11/01/2004 (Item Continued on Next Page) 1. Continued. Negotiating Parties: Under Negotiation: 2. Property: Negotiating Parties: Under Negotiation: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Purchase price, terms and conditions That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of Stater Bros. Markets. James F. Penman on behalf of the City of San Bernardino. Terms and conditions Meadowbrook Housin~ Project - IVDA Project Area 3 . Property: 151 East 2nd Street APN 0135-291-09 Negotiating Parties: Under Negotiation: 4. Property: Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority and Ivan Miletich, Property Owner Purchase price, terms and conditions 161 East 2nd Street APN 0135-291-11 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority and Alberto Falcon and Maria Garcia, Property Owners 3 11/01/2004 1. Continued. Under Negotiation: 5. Property: Negotiating Parties: Under Negotiation: 6. Property: Negotiating Parties: Under Negotiation: 7. Property: Negotiating Parties: Under Negotiation: CateUus Industrial Project 8. Property: Negotiating Parties: Purchase price, terms and conditions 167 East 2nd Street APN 0135-291-12 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority and Pedro Medina Jr., Property Owner Purchase price, terms and conditions 156 East King Street APN 0135-291-27 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority and Miguel Ramirez, Property Owner Purchase price, terms and conditions 253 East King Street APN 0135-302-09 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority and Victor Licon, Property Owner Purchase price, terms and conditions Warm Creek Conservation Basin - San Bernardino APN 0136-521-07; 0141-241-14 & 30; 0141- 251-07, 31 & 33; 0164-281-01, 02 & 09; 0164- 181-08 & 12 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and David H. Slaughter, Director of Real Estate Services on behalf of the County of San Bernardino, Property Owner 4 11/01/2004 Under Negotiation: Purchase price, terms and conditions (Item Continued on Next Page) 1. Continued. HUB Project 9. Property: Negotiating Parties: Under Negotiation: Uptown Project Area 10. Property: Owner/Seller: Buyer: Southwest corner of Tippecanoe and Harriman Place, formerly known as 1914 South Tippecanoe A venue Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Vibhakerbhai B. Patel and Vimalaben V. Patel, Property Owners Purchase price, terms and conditions APN 0145-242-32, 0145-242-33 Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) San Bernardino City Unified School District (" District") END OF CLOSED SESSION 5 11/01/2004 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 23, 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. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 19, 2004, from Barbara Pachon, Director of Finance, be approved. 6 11/01/2004 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated October 27, 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. City Administrator LAID OVER FROM OCTOBER 18, 2004 8. Ordinance of the City of San Bernardino repealing Chapters 2.47 (Central City Advisory Board), 2.44 (Cemetery Commission), 2.41 (Main Street Advisory Board), and 2.27 (Commission for Disabled Persons) of the San Bernardino Municipal Code, and amending Section 2.42.020 of the San Bernardino Municipal Code by adding Paragraph "I" relating to meetings of the Community Television Commission. FINAL READING. (Backup material was distributed on October 18, 2004, Item No. 23B.) MOTION: That said ordinance be adopted. City Attorney 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, Battersby, McElhaney, & Beckett and the City of San Bernardino to represent the City and its employees in the case of Ricky Jesus and James Seay v. City of San Bernardino, Officer Forsythe, Officer Sharp and Sgt. Lowes, Does 1-10, inclusive. (Document and Resolution not available at time of printing.) 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 between Arias, Lockwood and Gray and the City of San Bernardino to represent the City and its employees in the case of Qion Lamar Marshall v. City of San Bernardino, Travis E. WaZker, and Does 1-10, inclusive. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 7 11/01/2004 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias, Lockwood & Gray and the City of San Bernardino to represent the City and its employees in the case of Sequenta Lawrence, as personaZ representative of the Estate of William Lawrence, deceased, and individually, et aZ. v. City of San Bernardino, et aZ. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Clerk 12. 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 Caynon Fire. 13. Resolution of the City of San Bernardino amending Resolution 2002-328 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) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 14. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution ... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking any time zone on the south side of Lynwood Drive between Golden Avenue and four hundred twenty-five (425) feet east of Golden Avenue. (See Attached) (Cost to the City -- $800 from the General Fund.) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted. 8 11/01/2004 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Parcel Map No. 16222, located at the northwest corner of Arrowhead Avenue and Orange Show Road, accepting the public dedications as set forth on said Map; and authorizing execution of the Standard Form of Agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. Fire 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into Memorandum of Agreement (MOA) with the City of Riverside Fire Department to participate in the Federal Emergency Management Agency National Urban Search and Rescue Task Force. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Information Services 17. Resolution of the City of San Bernardino authorizing a transfer of funds from an existing purchase order for Verizon of California to SBC for frame relay service providing connectivity from City remote sites to City Hall. (See Attached) (No additional cost to the City for FY 2004/05 - there is a $2,441.85 reduction in the cost for services with this provider.) (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 authorizing the Mayor or her designee to execute a lease agreement between the City of San Bernardino and Nexte1 Communications for the lease of twelve hundred (1200) square feet of land at the San Bernardino Soccer Complex. (See Attached) (Resolution not available at time of printing.) Ward 7 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2004-05 Parks, Recreation and Community Services San Bernardino Soccer Complex budget to include revenue to Account No. 134-000-4520 (Land and 9 11/01/2004 Building Rental) and expenditure of $76,860 in Account No.134- 462-5706 (Renovations). 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with Active Network, Inc. to provide software service for registrations and reservations. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Police 20. Resolution of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order for $149,713.88 to Motorola Incorporated of San Diego, CA for the purchase of (43) Motorola XTS5000 Digital Ready 800 MHz handheld radios. (See Attached) (Cost to the City -- $149,713.88 from the Asset Forfeiture Account.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Second Amendment to the Memorandum of Understanding (MOU) with the County of San Bernardino Probation Department to administer the grant funded Juvenile Accountability Program known as Intervention and Management of Probationer Accountability and Compliance of Terms (IMPACT). (See Attached) (No direct cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Water Department 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a revised grant of easement to San Bernardino Valley Municipal Water District for a pipeline on property located at 399 Chandler Place, San Bernardino, CA (APN 0141-291-23 and 0141-311-06). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 10 11/01/2004 MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a grant of non-exclusive easement to San Bernardino Valley Municipal Water District for Baseline feeder south pipeline on property located on the north side of Dumas Street west of Washington Avenue, San Bernardino, CA (APN 0136-441-16 and 0136-441-18). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee meetin~ on October 12,2004 - Committee Members present: McCammack and Estrada 24. Resolutions authorizing the Mayor or her designee to apply for and administer two (2) State Urban Parks and Healthy Communities Grants. (See Attached) (Cost to the City -- $500,000 from the Park Construction Fund.)Wards 1&5 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a State Urban Parks and Healthy Communities Grants from the State of California Department of Parks and Recreation for the State Urban Parks and Healthy Communities Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the upgrade/renovation of the Ruben Campos Center. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer two (2) State Urban Parks and Healthy Communities Grants from the State of California Department of Parks and Recreation for the State Urban Parks and Healthy Communities Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for two (2) new baseball fields at A1 Guhin Park (Resolution not available at time of printing.) 11 11/01/2004 MOTION: That said resolutions A & B, be adopted. Recommended for approval at the Grants Committee meetin~ on October 12,2004 - Committee Members present: McCammack and Estrada 25. Resolutions authorizing the Mayor or her designee to apply for and administer two (2) youth soccer and recreation development grants. (See Attached) (No cost to the City.) Wards 1&7 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a Youth Soccer and Recreation Development Grant from the State of California Department of Parks and Recreation for the Youth Soccer and Recreation Development Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 for the Soccer Complex to convert two (2) grass fields to synthetic fields. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a Youth Soccer and Recreation Development Grant from the State of California Department of Parks and Recreation for the Youth Soccer and Recreation Development Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 for the Nunez Soccer Field to convert one dirt field to synthetic turf. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS Police TO BE HEARD AT 4:00 P.M. 26. Public hearing -- proposed expenditure of monies allocated from the FY 200412005 Local Law Enforcement Block Grant (LLEBG). (Document not available at time of printing.) MOTION: That the hearing be continued to November 15, 2004. 12 11/01/2004 TO BE HEARD AT 4:00 P.M. 27. Public hearing -- proposed expenditures of monies allocated from the FY 200412005 Citizen's Option for Public Safety (COPS). (See Attached) (Grant funding in the amount of $288,220; Cost to the City - not to exceed $152,818 from the General Fund.) 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 04/05 to supplement front-line law enforcement support services. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. 28. Public meeting - 4:00 p.m. - formation of a landscape maintenance assessment district in the Palm Avenue and Verdemont Drive area (AD 1032 - Tract No. 14352.) (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 Mayor to open the public meeting . . . MOTION: That the public meeting relative to the formation of the Palm A venue and Verdemont Drive area Landscape Maintenance Assessment District No. 1032 be closed, and protests and ballots, if any, be carried over to the public hearing on November 15, 2004, at 4:00 p.m. TO BE HEARD AT 4:00 P.M. 29. Public meeting - 4:00 p.m. - formation of a landscape maintenance assessment district in the Palm Avenue and Meyers Road area (AD 1035 - Tract Nos. 13572 and 15538.) (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5 Mayor to open the public meeting . . . MOTION: That the public meeting relative to the formation of the Palm Avenue and Meyers Road area Landscape Maintenance Assessment District No. 1035 be closed, and protests and ballots, 13 11/01/2004 if any, be carried over to the public hearing on November 15, 2004, at 4:00 p.m. END OF PUBLIC HEARINGS STAFF REPORTS Development Services 30. An Urgency Ordinance of the City of San Bernardino amending Chapter 19.20 (Property Development Standards) of the San Bernardino Municipal Code (Development Code) related to heights of fencing for schools. URGENCY (Ordinance not available at time of printing.) MOTION: That said urgency ordinance be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee on September 21,2004 - Committee Members Present: Estrada, Lon~ville and McGinnis CONTINUED FROM OCTOBER 18, 2004 R31. A Resolution of the Community Development Commission of the City of San Bernardino approving and adopting the Redevelopment Agency of the City of San Bernardino Replacement Housing Plan for Meadowbrook Single-family Housing Project. (Backup material was distributed on October 4, 2004, Item No. R37; item was continued to October 18, 2004, Item No. R27.) MOTION: That said resolution be adopted. R32. Arrowhead Avenue Street Improvements. (Document not available at time of printing.) Ward 3 A. A Resolution of the Mayor and Common Council of the City of San Bernardino approving (1) a certain County Agreement and (2) the Cooperation Agreement with the Redevelopment Agency of the City of San Bernardino for costs invoicing relative to the National Orange Show Events Center/Arrowhead Avenue Improvements Project. (Resolution not available at time of printing.) B. Resolution of the Community Development Commission of the City of San Bernardino approving the Cooperation Agreement for costs invoicing relative to the National Orange Show Events Center/ 14 11/01/2004 Arrowhead A venue Improvements Project. (Resolution not available at time of printing.) (Item Continued on Next Page) R32. Continued. C. Resolution of the Community Development Commission of the City of San Bernardino approving the Redevelopment Grant Agreement with the National Orange Show Events Center for the Arrowhead Avenue Improvements Project. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. Recommended for approval at the Redevelopment Committee on October 19,2004 - Committee Members Present: Estrada, Lon~ville and McGinnis R33. Resolution of the Community Development Commission of the City of San Bernardino, California, designating check signers and countersigners for the City of San Bernardino Redevelopment Agency/Economic Development Agency checks and wire transfers, and repealing Resolution No. CDC 2001-45. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. R34. Set a joint public hearing for Monday, December 6, 2004, to consider the Meadowbrook single family residential development agreement with ANR Industries, Incorporated. (See Attached) MOTION: That the Mayor and Common Council and the Community Development Commission set a joint public hearing for December 6, 2004 to consider the sale of certain parcels in accordance with a proposed Development Agreement by and between ANR Industries, Inc. and the Redevelopment Agency. R35. Proposal to provide a CDBG Limited Loan Guarantee to the Totally Kids, Inc. Project. (See Attached) Ward 3 MOTION: That the Mayor and Common Council of the City of San Bernardino (1) authorize a $1 million limited loan guarantee from the City's Community Development Block Grant (CDBG) ($250,000 per year for 4 years, commencing 200512006, and (2) 15 11/01/2004 authorize the preparation for consideration by the Mayor and Common Council a limited guarantee agreement and corresponding documents, by and between Grow San Bernardino Fund, Totally Kids, Inc., and the City - Totally Kids, Inc. Pediatric Subacute Care Facility. R36. Resolution of the Community Development Commission of the City of San Bernardino, on behalf of the Economic Development Agency of the City of San Bernardino, amending Resolution No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDCI2000-44, and CDCI2001- 51) entitled, in part, "Resolution ... adopting a Conflict of Interest Code...," by amending Appendix A to add, delete and change the titles of various positions within the Economic Development Agency of the City of San Bernardino which must file Conflict of Interest Statements. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. R37. Resolution of the Community Development Commission of the City of San Bernardino authorizing the Chairperson of the Redevelopment Agency of the City of San Bernardino to execute a Partial and Limited Release from Declaration of Restrictions in favor of California State University San Bernardino. (Document and Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 38. 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.) 39. Adjournment. MOTION: That the meeting be adjourned. 16 11/01/2004 NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 15, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 11/01/2004 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. 18 11/01/2004