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HomeMy WebLinkAbout05-21-2001Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MAY 21, 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 15 & 16.) 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): Highland Hills Homeowners Association v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 241464; Soliman v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 66744; Alvarez & Associates, et al. v. City of San Bernardino, et al. - Riverside Superior Court Case No. RIC 346536; (Item Continued on Next Page) 1 5/21/2001 1. Continued. City of San Bernardino v. Knight Transportation, Inc. - San Bernardino Superior Court Case No. SCVSS 69834. 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. Avila Construction 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, Redevelopment Agency of the City of San Bernardino, Economic Development Agency v. Jaime Alvarez, Marisela Alvarez Labistida, Eunice Alvarez, Elena Alvarez Labistida, Gina Alvarez Bosch, Adrienne Christine Holes, Hector Labistida, Jason Omar Bosch, Does 1-50. City of San Bernardino v. Omnitrans 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, Human Resources Director Employee Organization: San Bernardino Public Employees Association - General Unit (Item Continued on Next Page) 2 5/21/2001 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: APN 141-262-03 & 15; 141- 281-01 Negotiating Parties: David H. Clark, Clark Management & Development, LLC; and Gary Van Osdel on behalf of the Economic Developmen t Agency Under Negotiations: Purchase Terms & Conditions 2. Property Addresses: Parcel No. 0281-081-01 0281-081-02 0281-081-03 0281-081-04 0281-081-05 0281-082-17 0281-082-16 0281-082-15 0281-082-14 0281-082-13 0281-082-12 0281-082-11 0281-082-10 0281-082-09 0281-082-08 0281-082-07 0281-082-06 0281-082-05 0281-082-41 0281-082-40 0281-082-39 0281-082-38 0281-082-37 0281-082-36 0281-082-35 0281-082-34 0281-082-33 0281-082-32 0281-082-31 0281-082-30 Vestine: Cecilia Moreno Robert C. Newman II & Mary A. Newman Robert C. Newman II & Mary A. Newman Janice S. Casey Gina Ramirez Enrique Villapando & Mary Villapando Chia- Ping Hwang & Mei Fan Hwang Juan P. Trujillo & Consuelo Y. Trujillo Elisa L. Gurrola & Evangelina L. Montez Chalres L. Brown Alta J. Moffitt Angelina Rodriguez Coeur Anthony Grgec & Gloria E Grgec Anthony Grgec & Gloria E. Grgec Jose T. Castaneda & Brenda Castaneda Ronnie E. Searcy & Susan Ann Searcy Cruz Avila & Leonor Avila Gerry C. Politano & Lea G. Politano Choon Sik Lim & Inogi Lim Choon Sik Lim & Inogi Lim George R. Hallock & Janet Knickerbocker Henry W. Shelton & Betty J. Shelton Pedrito B. Tongpo & Perida Tongpo Pedrito B. Tongpo & Perida Tongpo Ro berto Betancourt & Rita Betancourt Juan P. Trujillo & Consuelo Y. Trujillo David V. Kon & Phoebe L. Kon David V. Kon & Phoebe L. Kon Ronald Norris & Phillis Norris Isable Serrano, Trustee 3 5/21/2001 1. Continued. Parcel No. 0281-082-29 0281-082-28 0281-082-27 0281-082-26 0281-082-55 0281-083-18 0281-083-20 0281-083-17 0281-083-16 0281-083-15 0281-083-14 0281-083-13 0281-083-12 0281-083-11 0281-083-10 0281-083-09 0281-083-08 0281-083-07 0281-083-06 0281-083-05 0281-083-04 0281-083-03 0281-083-02 0281-083-01 0281-091-39 Vestine: Neil C. Hansen, Jr. & Sandra K. Hansen Kreten Jakobsen & Rebecca G. Jakobsen Kreten Jakobsen & Rebecca G. Jakobsen West End Investments Henry W. Shelton & Betty J. Shelton 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. Fern I. Kopitzke, Trustee Victor M. Castillo Henry W. Shelton & Betty J. Shelton J. C. Hancock & Lorean Hancock Harold P. Luke & Chintana V. Luke Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton Henry W. Shelton & Betty J. Shelton 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. Alfred Anthony Simental Jaks, L.L.c., A CA Limited Liability Co. Negotiating Parties: Gary Van Osdel on behalf of the Economic Developmen t Agency Under Negotiations: Purchase Terms & Conditions END OF CLOSED SESSION 4 5/21/2001 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. A. Service Pin Awards Ceremony B. First Quarter 2001 Customer Service Employee Awards 4. Announcemen ts by Mayor and Common Council. 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, su pplemen tal and addend um to the su pplemen tal agendas of the Mayor and Common Council/ Community Developmen t Commission, be waived. 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: March 26, 2001 (Distributed on 5/15/01) 5 5/21/2001 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated May 15, 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. City Administrator 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of Su pplemen tal Settlement Agreement between the City of San Bernardino and the County of San Bernardino relating to criminal justice administrative fees. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Development Services 9. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Anthony Marmolejo Construction Company, Inc. for modifications to the Seccombe Lake Activity Center, located at the Parks and Recreation Department main office annex, to meet Americans with Disability Act (ADA) standards. (See Attached) (Cost to the City -- $102,000 from the Park Construction Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2000-2001 budget to transfer $37,700 from Account No. 243-363- 5504-3405 (Unappropriated Park Construction Fund) to Account No. 243-363-5504-7107 (Seccombe Lake Activity Center); and that said resolution be adopted. 10. Resolution of the City of San Bernardino supporting the State of California, Department of Transportation, and San Bernardino Association of Governments Strategic Plan to expend State funds for full right-of-way acquisition for construction of improvements to the 1-215 Freeway between 1-10 Freeway and SR 210 (30) Freeways, and to accelerate acquisition of certain parcels located within City boundaries. (See Attached) (No cost to the City.) Wards 1, 2 & 3 MOTION: That said resolution be adopted. 6 5/21/2001 11. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 5700 Shelter Way (San Bernardino County Animal Shelter). (See Attached) (No cost to the City -- $1,000 processing fee paid by applicant.) Ward 6 MOTION: That said resolution be adopted. 12. Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of 3rd Street, west of Kendall Avenue, east of "K" Street. (See Attached) (Cost to the City $1,000 from the General Fund.) Ward 1 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino approving a servIce agreement with Transtech Engineers, Inc. for construction management, plan review and inspection services for the renovation of the City's Historic Depot Project. (See Attached) (Cost to the City -- $975,000 from Federal and State Program Fund.) Ward 1 MOTION: That said resolution be adopted. Facilities Manae:ement 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of purchase orders with David Richards Electric and Lon's Electric to provide labor services in the amount of $10,000 each; issuance of a purchase order with Shook Building Systems for $10,500; issuance of a contract to Inland Acoustics, Inc., for $27,215 for energy conservation projects on the third and sixth floors of City Hall; and authorization transferring $57,715 within the Facilities Management budget to complete energy saving projects throughout the City of San Bernardino. (See Attached) (Cost to the City -- $57,715 from the Utility Fund.) (Resolution not available at time of printing.) (Item Continued on Next Page) 7 5/21/2001 14. Continued. MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2000-2001 Facilities Management Budget and transfer $30,500 from Account No. 001-324-5011 (Custodial Maintenance Salary Savings) and $27,215 from Account No. 001-325-5011 (Building Maintenance Salary Savings) to 631-331-5507 (Facilities Services), in the total amount of $57,715, to fund energy saving upgrades to City Hall lighting systems, and to fund energy savings projects throughout the City, as discussed in the attached staff report. Human Resources 15. An ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the con tract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System (3% @ 55 Benefit) and repealing Ordinance No. MC-I096. (Safety Employees) FINAL READING (Backup material was distributed on May 7, 2001, Item No. S1.) MOTION: That said ordinance be adopted. Parks, Recreation & Community Services 16. Resolution of the City of San Bernardino authorizing the execution of an amended agreement with the County of San Bernardino relating to the joint use of the Mill Community Center until December 31, 2008. (See Attached) (No additional cost to the City.) Ward 1 MOTION: That said resolution be adopted. 17. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with San Bernardino City Unified School District to continue youth mentoring services through the Juvenile Mentoring Program (JUMP) grant. (See Attached) (Cost to the City -- $39,706 from Federal and State Programs Fund; no General Funds required.) MOTION: That said resolution be adopted. 8 5/21/2001 18. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an application for grant funds from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (Proposition 12). (See Attached) (Cost to the City -- $232,589 from the Park Construction Fund over the next six years [$38,765 annually].) MOTION: That said resolution be adopted. 19. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a grant in the amount of $500,000 from the United States Department of the Interior for the administration of an Urban Park and Recreation Recovery (UPARR) grant to replace the present hydraulic irrigation systems at Nicholson, Encanto and Mt. View sites with electrical mechanical; resurface/stripe parking lots at seven park sites; paint exterior /interior areas for eight community centers; refurbish wading pools at Lytle Creek and Perris Hill; and re-plaster pools at Mill Center, Hernandez Center and Delmann Heights. (See Attached) (Grant is for $500,000; $150,000 required local match to be funded by the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 [Proposition 12].) All Wards MOTION: That said resolution be adopted. 20. Request to rename the Perris Hill Senior Center Dining Room, the Jack and Fay Rodgers Dining Room, in honor of Jack and Fay Rodgers. (See Attached) (No cost to the City.) Ward 2 MOTION: That the Perris Hill Senior Center Dining Room be officially named the Jack and Fay Rodgers Dining Room. Public Services 2 1. A resolution authorizing the execution of a purchase order between the City of San Bernardino and Holland-Lowe Construction, Inc. for pavement repairs on Waterman Avenue between Ninth Street and Baseline Street; pavement resurfacing on portions of Lynwood Way, Pacific Avenue and Perris Hill Road. (See Attached) (Cost to the City -- $173,362.29 from the General Fund.) All Wards MOTION: That said resolution be adopted. 9 5/21/2001 22. Resolution of the City of San Bernardino ratifying the Mayor's action authorizing the City to donate three (3) Heil/Peterbilt side loading refuse trucks from the surplus vehicle fleet to the City of Mexicali, Mexico. (See Attached) (Cost to the City -- $21,000 - $24,000 in unrealized revenue.) MOTION: That said resolution be adopted. Water 23. A resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $13, 137.50 for the Fiscal Year 2001/2002. (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval by the Lee:islative Review Committee on May 10, 2001 - Committee Members present: Lien, McGinnis and Schnetz 24. Approve draft Administrative Policy for stop sign warrants. (See Attached) MOTION: That the Mayor and Common Council approve the draft Administrative Policy for stop sign warrants. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 10:00 A.M. 25. Public hearing - resolution creating Assessment District No. 1027- Waterman Avenue and Washington Street Area Landscape Maintenance Assessment District. (See Attached) ($4,000 processing fee paid by applicant; $3,297.35 general benefit portion of costs to be paid from the General Fund.) Ward 3 (Item Continue on Next Page) 10 5/21/2001 25. Continued. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of Waterman Avenue and Washington Street, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1027, ordering the work, confirming the 2001-2002 Assessment Roll, and determining that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. Mayor to open the hearing . . . MOTION #1: That the hearing be closed, that a determination of assessment ballots and / or protests filed be made; and MOTION #2: That said resolution be adopted. (4/5ths vote required.) END OF PUBLIC HEARINGS CONTINUED ITEMS City Attorney's Office CONTINUED FROM MAY 7,2001 26. Final report by the City Attorney on the case of The People of the State of California; State of California; and California Department of Fish and Game, v. Warner W. HodGdon; Rancho San Andreas Compan1j, Inc. a California Corporation; and Does I throuGh XXX, Case No. SCV 01030. (Item was continued from May, 7, 2001, Item No. 40.) 11 5/21/2001 Development Services CONTINUED FROM APRIL 16,2001 27. 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 Universal Avenue a through highway at its intersection with Varsity Avenue and declaring Varsity Avenue a through highway from College Avenue to Universal Avenue and establishing a three way stop at the intersection of Grand Avenue and Varsity Avenue. (Backup material was distributed on February 20, 2001, Item No. 14; item was continued to March 19, 2001, Item No. 28, and item was continued to April 16, 2001, Item No. 31.) Ward 5 MOTION: That said resolution be adopted. Development Services CONTINUED FROM MAY 7,2001 28. Cancellation of the contract with Avila Construction for street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport per Plan No. 9479, authorization to pay approximately $30,300 to Avila Construction for work completed and authorization for direct purchase of the 12" and 16" water line pipe and fittings currently stored at the site for an estimated amount of $125,000 subject to verification of actual vendor invoice and reasonable handling costs. (New Staff Report Attached) (Backup material was distributed on March 26, 2001, Item No.2; item was continued to April 2, 2001, Item No. 18; item was continued to April 16, 2001, Item No. 30; and item was continued to May 7, 2001, Item No. 35.) MOTION #1: That the Mayor and Common Council cancel the contract with Avila Construction for street improvements of Art Townsend Drive and Otto Gericke Drive at the San Bernardino International Airport per Plan No. 9479, under the provisions of Section 6-4 "Default by Contractor" of the Standard Specifications; and (Item Continued on Next Page) 12 5/21/2001 28. Continued. MOTION #2: MOTION #3: That the Mayor and Common Council authorize payment of approximately $30,300 to Avila Construction for work completed and authorize direct purchase of the 12" and 16" water line pipe and fittings currently stored at the site for an estimated amount of $125,000 subject to verification of actual vendor invoice and reasonable handling costs; authorize staff to accept and process additional claims for valid costs and damages as allowed by the contract, if any, from Avila Construction, and authorize staff to rebid the project per revised Plan No. 9497; and That the Mayor and Common Council authorize staff to submit to binding arbitration with Avila Construction, Inc. and Sanborn Pipeline to resolve extra work and claims for alleged delay costs not resolved in Item 2 above. END OF CONTINUED ITEMS PLANNING ITEMS TO BE HEARD AT 2:00 P.M. 29. Public hearing - Final Environmental Impact Report, General Plan Amendment No. 01-01 and Development Code Amendment No. 01- 03 for the HUB Project at the northwest corner of Tippecanoe Avenue and Interstate 10. (See Attached) (No cost to the City.) (See Related Item No. R31.) Ward 3 Resolution of the City of San Bernardino certifying the Environmental Impact Report; adopting the Mitigation Monitoring Plan; and adopting General Plan Amendment No. 01-01 for the HUB Project. Resolution of the City of San Bernardino certifying the Traffic Impact Analysis Report for the HUB Project pursuant to the Congestion Management Plan. (Item Continued on Next Page) 13 5/21/2001 29. Continued. An ordinance of the City of San Bernardino modifying Chapter 19.06 (Commercial Districts) of the San Bernardino Municipal Code (Development Code) to add text allowing drive-thru restaurants in the CR-3 land use district. FIRST READING Mayor to open the hearing . . . MOTION: That the hearing be closed; that the Mayor and Common Council adopt the resolutions that certify the Environmental Impact Report and Mitigation Monitoring and Reporting Program; adopt the Statements of Overriding Consideration; certify the Traffic Impact Analysis; adopt General Plan Amendment No. 01-01, based on the Findings of Fact in the Planning Commission staff report; and that said ordinance be laid over for final adoption which approves Development Code Amendment No. 01-03, based on the Findings of Fact in the Planning Commission staff report. END OF PLANNING ITEMS STAFF REPORTS City Attorney's Office 30. Discuss and take possible action on the proposed Charter Amendment. A. Resolution of the City of San Bernardino proposing an amendment to the Charter of said City relating to Restrictions on Officers. (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino submitting to the electors a proposed Charter Amendment relating to Restrictions on Officers; Transmission of the proposed Charter Amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF STAFF REPORTS 14 5/21/2001 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING COMMUNITY DEVELOPMENT COMMISSION MONDAY, MAY 21, 2001 - 2:00 P.M. PRESENT: ABSENT: R31. TO BE HEARD AT 2:00 P.M. Public hearing - Tippecanoe Retail Project - Disposition and Development Agreement - HUB Attached) SBT Partners Project. (See Ward 3 (Community Development Commission) A. Resolution of the Community Development Commission 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 a Disposition and Development Agreement between the Redevelopment Agency of the City of San Bernardino and SBT Partners, LLC , and approving other actions in connection therewith (HUB Project). (Resolution not available at time of printing.) (Mayor and Common Council) B. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging receipt of a report prepared pursuant to Health and Safety Code Section 33433, and making certain findings and determinations in connection with the consideration by the Community Development Commission of the City of San Bernardino and approving the execution of a certain Disposition and Development Agreement by the Redevelopment Agency of the City of San Bernardino and SBT Partners, LLC (HUB Project). (Resolution not available at time of printing.) (Item Continued on Next Page) 15 5/21/2001 R31. Continued. (Mayor and Common Council) C. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submission of the application to the California Infrastructure and Economic Development Bank for financing of the Harriman Place Improvement Project and approving certain other matters in connection therewith. (Resolution not available at time of printing.) (Mayor and Common Council) D. A Resolution of declaration of official intent of the Mayor and Common Council of the City of San Bernardino to reimburse certain expenditures for the Harriman Place Improvement Project from proceeds of indebtedness. (Resolution not available at time of printing.) (Community Development Commission) E. Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations and approving the form of and authorizing the execution of the Harriman Place Improvement Project Acquisition, Construction and Financing Agreement and requesting the Mayor and Common Council to approve said Agreement (Harriman Place Improvement Project). (Resolution not available at time of printing.) (Mayor and Common Council) F. Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations and approving the form of and authorizing the execution of the Harriman Place Improvement Project Acquisition, Construction and Financing Agreement and requesting the Mayor and Common Council to approve said Agreement (Harriman Place Improvement Project). MOTION: That the hearing be closed; and that said resolutions A-F, be adopted. 16 5/21/2001 32. 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.) 33. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday, June 4, 2001, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 5/21/2001 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. 18 5/21/2001