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HomeMy WebLinkAbout08-04-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, AUGUST 4, 2003 -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 17 & 18.) 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 the 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 No. CV 96- 8867 & CV 96-5205 (MRP); 1 08/04/2003 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: Neighbors of San Manual Tribe v. City 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. Allan Steward and Gil Lara 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 Police Officers' Association 2. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino Police Management Association 3. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters (Item Continued on Next Page) 2 08/04/2003 1. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Arden-Guthrie Property Address: Negotiating Parties: Under Negotiation: 2. Old Towne Property Address: Negotiating Parties: Under Negotiation: 3. Meadowbrook Property Address: Negotiation Parties: Under Negotiation: 2072 N. Newcomb Street APN 1191-021-18 2095 N. Newcomb Street APN 1191-021-22 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Thomas E. and Crystal L. Williams, property owners (County of San Bernardino Tax Defaulted) Purchase price, terms & conditions 673 N. Crescent Avenue APN 0134-014-10 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Richard S. Barnes, property owner Purchase price, terms & conditions 123 N. Sierra Way APN 0135-292-35 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Carlos Donticos, property owner (County of San Bernardino Tax Defaulted) Purchase price, terms & conditions 3 08/04/2003 1. Continued. 4. 5. 6. Meadowbrook Property Address: 125 N. Sierra Way APN 0135-292-37 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Odessa Williams, property owner (County of San Bernardino Tax Defaulted) Under Negotiation: Purchase price, terms & conditions Meadowbrook Property Address: E. Rialto Avenue APN 0135-292-26 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Martha Marcarro, property owner Under Negotiation: Purchase price, terms & conditions Meadowbrook Property Address: 138 and 144 E. Rialto Avenue APN 0135-292-27 and 0135-292-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Adrian Ramirez, property owner Under Negotiation: Purchase price, terms & conditions (Item Continued on Next Page) 4 08/04/2003 1. Continued. 7. 8. 9. Meadowbrook Property Address: 120 N. Allen Street APN 0135-292-39 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Bonnie Johnson, property owner Under Negotiation: Purchase price, terms & conditions Property Address: 450 N. "F" Street APN 0134-101-09 and 0134-101-10 532 N. "D" Street APN 0134-081-22 and 0134-081-23 Negotiating Parties: Gary Van Director, on Redevelopment Robbins Osdel, Executive behalf of the Agency and Stan Under Negotiation: Purchase price, terms & conditions Property Address: HUB Properties APN 0281-081-08 through -20 and APN 0281-082-01 through -03 Negotiating Parties: Gary Van Osdel, Director, on behalf Redevelopment Agency Partners, L. L. C. Executive of the and SBT Under Negotiation: Purchase price, terms & conditions END OF CLOSED SESSION 5 08/04/2003 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Board of Building Commissioners - Kelly Gulla - Council Member Suarez. (See Attached) B. Planning Commission - Dr. Lee W. Lynch - Council Member Suarez. (See Attached) MOTION: That the appointments of Kelly Gulla to the Board of Building Commissioners and Dr. Lee W. Lynch to the Planning Commission, as recommended by Council Member Suarez, be approved. 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 27, 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, and the San Bernardino City Housing Authority\, be waived. 6 08/04/2003 6. Council Minutes. MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission, be approved as submitted in typewritten form: June 19, 2003 July 7, 2003 (Distributed on 7/24/2003) (Distributed on 7/28/2003) 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated July 30, 2003, 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 LAID OVER FROM JULY 21,2003 8. An Ordinance of the City of San Bernardino adding Section 10.24.230 to the San Bernardino Municipal Code relating to requiring registration to participate in Route 66 Cruising Events. FINAL READING (Backup material distributed on July 21,2003, Item No. 32.) MOTION: That said ordinance be adopted. LAID OVER FROM JULY 21,2003 9. An Ordinance of the City of San Bernardino adding Chapter 9.92 to the San Bernardino Municipal Code to establish an administrative citation process for Code Enforcement violations. FINAL READING (Backup material distributed on July 21,2003, Item No. 33.) MOTION: That said ordinance be adopted. City Administrator LAID OVER FROM JULY 21,2003 10. An Ordinance of the City of San Bernardino granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist, within said municipality. FINAL READING (Backup material was distributed on July 21, 2003, Item No. 28.) MOTION: That said ordinance be adopted. 7 08/04/2003 11. Authorization to proceed with the preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Station on new development only. (Document not available at time of printing.) MOTION: That staff be authorized to proceed with the preparation of documents and appropriate Municipal Code amendments to impose a special tax district for the operation and maintenance of the proposed Verdemont Fire Station on new development only. City Treasurer 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing investment of City of San Bernardino monies in Local Agency Investment Fund. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Development Services 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Memorandum of Understanding extending the term and effect of a 1998 Memorandum of Understanding between the City of San Bernardino and the San Bernardino International Airport Authority (SBIAA) for certain Airport Improvement Projects. (See Attached) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Guzman Construction Company for street improvements on Terrace Road between 6th Street and Maple Street and on 9th Street between Pennsylvania A venue and Flores Street and sidewalk and ADA access at Highland Avenue and Ramona Avenue per Plan No. 10620. (See Attached) (Cost to the City -- $222,000 from the % Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Wards 1&6 MOTION: That said resolution be adopted. 8 08/04/2003 15. Authorization to proceed - formation of a Landscape Maintenance Assessment District in the Irvington Avenue and Olive Avenue area (Tract No. 15407). (See Attached) (No cost to the City -- $4,000 processing fees to be paid by applicant.) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Irvington Avenue and Olive Avenue area (Tract No. 15407), to be known as Assessment District No. 1031. 16. Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Grant Deed for the sale of City-owned property generally located at the southeast corner of Orange Show Road and Amos Avenue in the City of San Bernardino. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and declaring Thirty-Sixth Street a through highway at its intersections with "F" Street and Acacia Avenue. (See Attached) (Cost to the City -- $800 from the General Fund.) (Resolution not available at time of printing.) Wards 5&7 MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and declaring "J' Street a through highway at its intersections with Belleview Street and Congress Street. (See Attached) (Cost to the City -- $800 from the General Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 9 08/04/2003 19. Determination of Public Convenience or Necessity for a Type 20 Liquor License for Wal-Mart at 4001 N. Hallmark Parkway. (See Attached) (No cost to the City.) Ward 6 MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served and direct the Planning Division to send a letter to the Department of Alcoholic Beverage Control for a Type 20 (off-site beer and wine) liquor license for Wal-Mart at 4001 N. Hallmark Parkway, subject to the Conditions of Approval (Exhibit 4). Human Resources 20. Resolution of the Mayor and Common Council of the City of San Bernardino appointing specific Directors to the BIG Independent Cities Excess Pool (BICEP) Joint Powers Authority. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Information Services 21. Reject all bids submitted in response to Bid No. F-03-007, for flat screen monitors for police and fire dispatch; and authorize the Purchasing Manager to re-advertise for bids for these monitors. (See Attached) (No cost to the City.) MOTION: That the Mayor and Common Council approve a motion authorizing the rejection of all bids received in response to Bid No. F-03-007; and authorize the Purchasing Manager to re- advertise for bids for these services. Police 22. Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 10 08/04/2003 Public Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an annual purchase order, with two single year renewal options, to "Y" Tires of Los Angeles for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division. (See Attached) (Cost to the City -- $265,000 from the Motor Pool Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an annual purchase order, with three single year renewal options, to Fourth Street Rock for the disposal of street sweeping materials. (See Attached) (Cost to the City -- $46,800 from the Refuse Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Matich Corporation for the rental of paving equipment including operators for roadway pavement rehabilitation. (See Attached) (Cost to the City -- $60,000 from the Various Funds.) (Resolution not available at time of printing.) Various Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to appropriate $21,000 from the State Gasoline Tax Fund (Account 126), $27,000 from the Half-Cent Sales Tax - Local Funds (Measure I) (Account 129), $9,000 from the AB- 2928 Traffic Congestion Relief Fund (Account 135) and $3,000 from the Street Construction Fund (Account 242). 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of purchase orders to Matich Corporation and/or Vulcan Materials/Cal Mat Division to supply materials for roadway pavement rehabilitation for use by the Public Services Department. (See Attached) (Cost to the City -- $717,000 from the % Cent Sales and Road Tax Fund and the AB 2928 Funds) (Resolution not available at time of printing.) Various Wards (Item Continued on Next Page) 11 08/04/2003 26. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to appropriate $241,000 from the State Gasoline Tax Fund (Account 126), $378,000 from the Half-Cent Sales Tax - Local Funds (Measure I) (Account 129), $60,000 from the AB- 2928 Traffic Congestion Relief Fund (Account 135) and $38,000 from the Street Construction Fund (Account 242). 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Precision Cold Planing Company to supply cold milling services for roadway pavement rehabilitation for use by the Public Services Department. (See Attached) (Cost to the City -- $62,000 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 appropriate $21,500 from the State Gasoline Tax Fund (Account 126), $28,500 from the Half-Cent Sales Tax - Local Funds (Measure I) (Account 129), $9,000 from the AB- 2928 Traffic Congestion Relief Fund (Account 135) and $3,000 from the Street Construction Fund (Account 242). END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Personnel Committee on July 28,2003 - Committee Members Present: McGinnis and McCammack 28. Implementation of the proposed Records Reorganization in the Police Department for Fiscal Year 2003-04. (See Attached) MOTION #1: That the Mayor and Common Council approve the Records reorganization proposal to establish a full-time position of Police Transcriber, Range 1321, ($2,201-$2,675/month; and MOTION #2: That the Human Resources Department be directed to update Resolution No. 97-244 (Position Control) and Resolution No. 6413, to reflect this particular action; and (Item Continued on Next Page) 12 08/04/2003 28. Continued. MOTION #3: That the Director of Finance be authorized to amend the Police Department's FY 2003/04 budget to reflect the proposed salary increases for the above positions, along with the reductions of funds to the appropriate accounts. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Administrator TO BE HEARD AT 4:00 P.M. 29. Public hearing to consider a resolution adjusting various fees. (See Attached) A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution No. 80-522, Resolution No. 96-195, Resolution No. 98-257, Resolution No. 99-173, Resolution No. 99-246, Resolution No. 2001-273, and Resolution No. 2002- 241, and amending Resolution No. 89-471, Resolution No. 90-154, Resolution No. 91-148, and Resolution No. 97-271. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS STAFF REPORTS City Administrator 30. Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino's Final Budget for Fiscal Year 2003-2004 and establishing the City's Appropriation Limit as required by Article XIII of the California State Constitution. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 13 08/04/2003 Heard at the Personnel Committee on July 28, 2003 -- Committee Members Present: McGinnis and McCammack 31. Resolutions electing to discontinue CalPERS Contract providing health insurance benefits for the City of San Bernardino Employees in the General, Middle-Management, Management/Confidential, Police and Fire Safety Units, Elected Officials and Water Department General and Mid-Management Units. (See Attached) A. Resolution of the City of San Bernardino electing to cease to be subject to the Public Employees' Medical and Hospital Care Act for the City of San Bernardino Employees in the General Unit. (Resolution not available at time of printing.) B. Resolution of City of San Bernardino electing to cease to be subject to the Public Employees' Medical and Hospital Care Act for the City of San Bernardino Employees in the Middle-Management Unit. (Resolution not available at time of printing.) C. Resolution of City of San Bernardino electing to cease to be subject to the Public Employees' Medical and Hospital Care Act for the City of San Bernardino Employees in the Management-Confidential Unit. (Resolution not available at time of printing.) D. Resolution of City of San Bernardino electing to cease to be subject to the Public Employees' Medical and Hospital Care Act for the City of San Bernardino Employees in the Fire Safety Unit. (Resolution not available at time of printing.) E. Resolution of City of San Bernardino electing to cease to be subject to the Public Employees' Medical and Hospital Care Act for the City of San Bernardino Employees in the Police Safety Unit. (Resolution not available at time of printing.) F. Resolution of City of San Bernardino electing to cease to be subject to the Public Employees' Medical and Hospital Care Act for the City of San Bernardino Elected Officials. (Resolution not available at time of printing.) MOTION #1: That said resolutions A-F, be adopted; and (Item Continued on Next Page) 14 08/04/2003 31. Continued. MOTION #2: That the Mayor and Common Council reclassify the position of Personnel Analyst, Range 3434, $3,867- $4,700/month, to the new position of Human Resources Supervisor, Range 3454, $4,272-$5, 1 93/month; and MOTION #3: That the Director of Human Resources be directed to update Resolution No. 97-244 (Position Control) to reflect this action. END OF STAFF REPORTS 15 08/04/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, AUGUST 4, 2003 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 32. Public hearing - General Plan Amendment No. 02-11, Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940; a request to change the land use district from RE, Residential Estate to RL, Residential Low for two sites. (See Attached) (No cost to the City.) Ward 5 Owner/Applicant: CDI - San Bernardino 22365 Barton Road, Suite 110 Grand Terrace, CA 92313 Request/Location: The applicant requested a General Plan Amendment No. 02- 11, Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940 to prepare two sites at the northwest and northeast corners of Palm and Irvington Avenues for development. General Plan Amendment No. 02-11 would change 4.33 acres of land from RE, Residential Estate, to RL, Residential Low, at the northwest corner of Palm and Irvington Avenues, and would change 5.65 acres of a 10.35 acre parcel of land from RE, Residential Estate, to RL, Residential Low, at the northeast corner of Palm and Irvington Avenues. Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-11 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RE, Residential Estate, to RL, Residential Low, for 4.33 acres located at the northwest corner of Palm and Irvington Avenues and for the easterly 5.65 acres of a 10.35 acre parcel located at the northeast corner of Palm and Irvington Avenues. Mayor to open the hearing . . . (Item Continued on Next Page) 16 08/04/2003 32. Continued. MOTION #1: That the hearing be closed; that said resolution be adopted, that the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program be adopted; and Tentative Tract Map No. 16457, and Tentative Tract Map No. 15940 be approved based on the Findings of Fact in the Planning Commission staff report, subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D); or MOTION #2: That the hearing be closed; and that General Plan Amendment No. 02-11 and Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940 be denied as per the Planning Commission's recommendation and continue for two weeks for Development Services to bring Findings of Fact to the Council. CONTINUED FROM JULY 21, 2003 33. Findings of Fact concerning denial of Conditional Use Permit No. 03-01 - supperclub/nightclub at 911 S. "E" Street in the CG-l Commercial General, land use district. (Backup material distributed on July 21, 2003, Item No. 35.) Ward 3 MOTION: That the Mayor and Common Council adopt the Findings of Fact contained in the Staff Report, uphold the appeal and deny Conditional Use Penn it No. 03-01. END OF PLANNING ITEMS COMMNUNITY DEVELOPMENT COMMISSION ITEMS TO BE HEARD AT 7:00 P.M. R34. Public hearing - reallocation of 200312004 Community Development Block Grant (CDBG) Funds. (See Attached) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council of the City of San Bernardino approve the reallocation of 200312004 Community Development Block Grant (CDBG) funds to San Bernardino Convention and Visitors Bureau (CVB) in the amount of $120,000 and City of San Bernardino Code Compliance Department in the amount of $75,000. 17 08/04/2003 R35. 303 West Third Street - Amendment to Owner Participation and EDI Loan Agreement. (Document not available at time of printing.) A. A Resolution of the Community Development Commission of the City of San Bernardino approving an amendment to the 2000 Owner Participation and EDI Loan Agreement, dated as of September 18, 2000 by and between 303, L. L. c., and the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) B. A Resolution of the Mayor and Common Council of the City of San Bernardino approving an amendment to the 2000 Community Development Block Grant Program Section 108 Project Development Loan Agreement, dated as of September 18, 2000 by and between 303, L.L.c., and the City of San Bernardino. (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. NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday, August 18, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 18 08/04/2003 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. 19 08/04/2003