HomeMy WebLinkAbout09-17-2001Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, SEPTEMBER 17,2001 - 8:00 A.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters. (Community Development Commission Items
are on pages 12-16.)
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):
Jaime Alvarez, et al. v. City of San Bernardino - United
States District Court Case No. CV 00-03048 GHK;
Gloria Aldama, et al. v. Darby et al. - San Bernardino
County Superior Court Case No. SCVSS 61691.
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.
(Item Continued on Next Page)
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1. Continued.
C. Conference with legal counsel - anticipated litigation -
initiation of litigation - pursuant to subdivision (c) of
Government Code Section 54956.9.
D. Closed session - personnel - pursuant to Government Code
Section 54957.
Appointment:
Director - Parks, Recreation & Community Services
E. Closed session with Chief of Police on matters posing a
threat to the security of public buildings or threat to the
public's right of access to public services or public facilities -
pursuant to Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government
Code Section 54957.6.
Negotiator:
Ed Raya, Director of Human Resources
Employee Organization:
San Bernardino Public Employees Association - Mid-
Management Unit
G. Conference with real property negotiator - pursuant to
Government Code Section 54956.8.
1.
Property Address:
Real estate parcels bordered
by Rialto Avenue on the north,
E Street on the east, Mill
Street on the south and the
2 15 Freeway on the west
Negotiating Parties:
Timothy Cook on behalf of the
City of San Bernardino and
property owners of the
affected real estate parcels
Under Negotiation:
Purchase terms & conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcemen ts by Mayor and Common Council.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items
5 through 22, be adopted except for _, _, _,
_, _, _, _, _, and_.
5. Waive full reading of resolutions and ordinances.
MOTION: That full reading of the resolutions and ordinances on
the regular, su pplemen tal and addend urn to the
su pplemen tal agendas of the Mayor and Common
Council/Community Development Commission be
waived.
6.
Council Minutes.
(See Attached)
MOTION: That the minutes of the following meeting of the Mayor
and Common Council of the City of San Bernardino,
be approved as submitted in typewritten form:
June 14, 2001 (Distributed on 9/6/01)
3 9/17/2001
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to
issue warrants as listed on the memorandum dated
September 12, 2001 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 September 11, 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.
Council Office
9. Authorize budget transfer to pay for temporary clerical staffing.
(See Attached) (Cost to the City -- $1,800 from the General
Fund.)
MOTION: That the Director of Finance be authorized to amend
the FY 2001-2002 Council Office budget and transfer
$1,800 from Account No. 001-021-50xx (Salary and
Benefits savings) to Account No. 001-021-5505 (Other
Professional Services) to pay for temporary clerical
staff.
Development Services
10. Resolution of the City of San Bernardino approving an agreement
for Professional Services with Richard Pope & Associates to develop
a Master Plan for Enhanced Landscape/Aesthetics Treatment for
the proposed 1-215 improvement project. (See Attached) (Cost to
the City -- $75,000 from the Street Construction Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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9/17/2001
11. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor or her designee to execute
Program Supplement Agreement with the State of California for the
seismic retrofit of 6 bridges over flood control channels and the
seismic retrofit of 4 bridges at railroad grade separations. (See
Attached) (No cost to the City.) Wards 1, 2, 3 & 6
MOTION: That said resolution be adopted.
12. Approval of Development Permit (Type 1) No. 01-070 and
determination of public convenience or necessity for a Department
of Alcoholic Beverage Control Type 20 liquor license for 738 S.
Waterman Avenue. (See Attached) Ward 3
MOTION: That the Mayor and Common Council approve
Development Permit Type 1 No. 01-70 and determine
that the public convenience or necessity is served and
direct the Development Services Department to send a
letter to the Department of Alcoholic Beverage Control
for a Type 20 (off-sale beer and wine) liquor license for
a grocery store located at 738 S. Waterman Avenue.
13. Authorize execution of Contract Change Order No. One to contract
with Lambco Engineering, Inc. for removal of existing sidewalk and
installation of irrigation system and tree grates on Highland
Avenue from "E" Street to Sierra Way. (See Attached) (Cost to the
City -- $16,937.50 from the Gas Tax Fund.) Wards 2 & 7
MOTION #1:
That the Mayor and Common Council authorize
the Director of Finance to amend the FY 2000-
01 budget to increase the budget in Account No.
126-369-5504-5040 by $16,937.50 and reflect
the associated reduction in unappropriated fund
balance; and
MOTION #2:
That the Mayor and Common Council authorize
the execution of Change Order No. One in the
amount of $16,937.50 to contract with Lambco
Engineering, Inc. for removal of existing
sidewalk and installation of irrigation system
and tree grates on Highland Avenue from "E"
Street to Sierra Way.
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9/17/2001
14. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an agreement for
professional transportation modeling services with Srinivasa Bhat.
(See Attached) (Cost to the City -- $24,000 from the General
Fund.)
MOTION:
That said resolution be adopted; and that the
Finance Director be authorized to amend the FY
200 1-02 Development Services budget and
transfer $24,000 from salary savings (001-185-
5011 - $9,640, 001-183-5011 - $14,360) to
professional contractual services (001-181-5502
to fund the Professional Transportation Modeling
Services.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with John
Egan & Associates, Inc. for Civil Engineering Services for the
realignment of Laurelwood Drive from Tippecanoe Avenue to
Orchard Drive. (See Attached) (Cost to the City -- $73,650 from
the Gas Tax Fund.) (Resolution not available at time of
printing.) Wards 1 & 3
MOTION: That said resolution be adopted.
EDA
LAID OVER FROM SEPTEMBER 4, 2001
16. An Ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and
Common Council and adopting the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Central City South
Redevelopment Project and certifying an Addendum to the 1976
Environmental Impact Report. FINAL READING (Backup
material was distributed on September 4, 2001, Item No. R25.)
Wards 1 & 3
MOTION: That said ordinance be adopted.
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Mavor's Office
17. Funding approval of Fine Arts and Cultural Agreements for Fiscal
Year 2001-2002. (See Attached)
A. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Inland Empire Symphony Association for the
promotion of arts and culture. (Cost to the City -- $70,000
from the General Fund.)
B. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Canto Bello Master Chorale for the promotion of
arts and culture. (Cost to the City -- $14,000 from the
General Fund.)
C. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Inland Dance Theatres, Inc. for the promotion of
arts and culture. (Cost to the City -- $10,000 from the
General Fund.)
D. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Junior University of San Bernardino, Inc. for the
promotion of arts and culture. (Cost to the City -- $7,500
from the General Fund.)
E. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the San Bernardino-Riverside Counties District
Metropolitan Opera auditions for the promotion of arts and
culture. (Cost to the City -- $3,000 from the General
Fund.)
F. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Prime Time Choraliers for the promotion of arts and
culture. (Cost to the City -- $1,000 from the General
Fund.)
G. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the San Bernardino Valley Community Concert
Association for the promotion of arts and culture. (Cost to
the City -- $11,000 from the General Fund.)
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9/17/2001
17. Continued.
H. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Sinfonia Mexicana for the promotion of arts and
culture. (Cost to the City -- $22,000 from the General
Fund.)
I. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the Sturges Family Playhouse for the promotion of arts
and culture. (Cost to the City -- $8,000 from the General
Fund.)
J. Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement
with the CSUSB Foundation, Coyote Conservatory for the
Arts for the promotion of arts and culture. (Cost to the City
-- $3,000 from the General Fund.)
MOTION: That said resolutions A-J, be adopted.
Parks, Recreation & Community Services
18. Resolution of the City of San Bernardino authorizing the Mayor of
the City of San Bernardino or her designee to execute an
agreement with the San Bernardino City Unified School District to
provide contractual services for after-school recreation programs at
school district sites. (See Attached) (Cost to the City --
$113,000 from the Federal and State Programs Fund.)
All Wards
MOTION: That said resolution be adopted.
19. Resolution authorizing the Mayor of the City of San Bernardino or
her designee to apply for and administer a grant in the amount of
$50,000 from San Bernardino County Emergency Food & Shelter
Program Local Board FEMA XIX for the administration of Food and
Shelter program for at risk families through the Westside
Community Center. (See Attached) (No cost to the City --
$50,000 grant amount from the Federal and State Programs
Fund.) All Wards
MOTION: That said resolution be adopted.
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9/17/2001
Police
20. Set public hearing for the proposed expenditures of monies
allocated from the FY 2001/02 Local Law Enforcement Block
Grant (LLEBG). (See Attached) (No cost to the City.) All Wards
MOTION: That the Mayor and Common Council set a public
hearing for 10:00 a.m., Monday, October 1, 2001, to
ratify the expenditure of the awarded Local Law
Enforcement Block Grant (LLEBG) funding for FY
2001/02.
Public Services
21. Resolution of the City of San Bernardino authorizing the execution
of a purchase order with two single year renewal options, to
Consolidated Fabricators Corporation for the purchase of
commercial/residential front load and roll-off refuse bins. (See
Attached) (Cost to the City -- $164,000 from the Refuse Fund.)
All Wards
MOTION: That said resolution be adopted.
22. Resolution of the City of San Bernardino authorizing the execution
of a piggyback purchase between the City of San Bernardino and
Crest Chevrolet for the purchase of two (2) one-ton extended cab
and chassis trucks for the Animal Control Department. (See
Attached) (Cost to the City -- $49,781.38 from the Motor Pool
Fund.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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9/17/2001
COMMITTEE CONSENT
Recommended for approval by the Ways and Means Committee
on September 5, 2001 - Council Members present: Schnetz,
McGinnis and McCammack
23. Request for funding - 1st Annual San Bernardino Jazz Festival -
Sunday, September 23, 2001 - Roosevelt Bowl in Perris Hill Park.
(See Attached) (Cost to the City -- $2,000 from the General
Fund.) Ward 2
MOTION: That the Mayor and Common Council authorize
payment of $2,000 in Civic and Promotion funding
payable to the Friends of the San Bernardino City
Parks in support of the 1st Annual San Bernardino
Jazz Festival to be held on September 23, 2001 at
Perris Hill Park.
END OF COMMITTEE CONSENT
PLANNING ITEMS
TO BE HEARD AT 11:00 A.M.
CONTINUED FROM SEPTEMBER 4, 2001
24. Public hearing - Development Code Amendment No. 00-01 - to
establish Social Service Uses/Centers as a conditionally permitted
uses and Conditional Use Permit No. 00-11 - to establish a facility
for Central City Lutheran Mission at the southwest corner of
Virginia and "G" Streets. (Backup material was distributed on
September 4, 2001, Item No. 23.) (No cost to the City.)
Ward 2
An ordinance of the City of San Bernardino modifying Chapter
19.02 (Definitions) and Chapter 19.04 (Residential Districts) and
Chapter 19.06 (Commercial Districts) of the San Bernardino
Municipal Code (Development Code) to modify text related to
definitions, requirements and standards for social services
uses/centers. FIRST READING
DCA Applicant: City of San Bernardino
CUP Applicant: Pastor David Kalke
Central City Lutheran Mission
1354 N. "G" Street
San Bernardino, CA 92405
909.381.6921
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9/17/2001
24. Continued.
Request/Location: The Development Code Amendment will
establish Social Service/Uses/Centers as conditionally permitted
uses in the multi-family land use districts. It includes a definition
of Social Service Uses/Centers that may include a mix of
community serving uses including food service, childcare facilities,
job training and after school programs, medical clinics, recovery
facilities, and related residential components, operated by
nonprofit agencies.
The Conditional Use Permit is to allow the Central City Lutheran
Mission to establish a social service facility at the southwest corner
of "G" Street and Virginia Street, in conjunction with their existing
facility. The new uses include a clinic, dormitory facility for
interns, classrooms, and a multi-purpose facility.
Mayor to open the hearing . . .
MOTION: That the hearing be closed relative to Development
Code Amendment No. 00-11; the Negative Declaration
be adopted; the first reading be waived and the
ordinance be laid over for final adoption; and that the
public hearing for Conditional Use Permit No. 00-11 be
continued to October 1,2001.
END OF PLANNING ITEMS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
COMMUNITY DEVELOPMENT COMMISSION
MONDAY, SEPTEMBER 17, 2001 - 2:00 P.M.
PRESENT:
ABSENT:
TO BE HEARD AT 2:00 P.M.
R25. Public hearing - Disposition and Development Agreement - Public
Enterprise Center. (See Attached) Ward 6
(Community Development Commission)
A Resolution of the Community Development Commission of the
City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino approving
that certain Disposition and Development Agreement by and
between the Redevelopment Agency of the City of San Bernardino
and Fallbrook Capital, LLC, on the terms set forth in such
agreement.
(Mayor and Common Council)
A Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging receipt of a report relating to that
certain Disposition and Development Agreement by and between
the Redevelopment Agency of the City of San Bernardino and
Fallbrook Capital, LLC.
Mayor to open the hearing . . .
MOTION: That the public hearing be closed; and that said
resolutions be adopted.
CONTINUED FROM SEPTEMBER 4, 2001
R26. Amendment to extend eminent domain power on non-residential
property in the Mt. Vernon Corridor Redevelopment Project. (See
Attached New Mayor and Common Council Resolution) (Backup
material was distributed on September 4, 2001, Item No. R24.)
Wards 1, 3 & 6
(Item Continued on Next Page)
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9/17/2001
R26. Continued.
(Mavor and Common Council)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving and adopting a response to oral objections
received prior to or at the September 4,2001, Joint Public Hearing
concerning the proposed 2001 Eminent Domain Amendment to the
Redevelopment Plan for the Mt. Vernon Corridor Redevelopment
Project.
(Communitv Development Commission)
Resolution of the Community Development Commission of the City
of San Bernardino making a finding that conditions of blight
burden the Redevelopment Project Area of the Mt. Vernon Corridor
Redevelopment Project, approving the Section 33352 Report to the
Mayor and Common Council on the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project, and recommending the Certification of the
Addendum to the 1990 Environmental Impact Report.
(Mavor and Common Council)
An ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and
Common Council and adopting the 2001 Eminent Domain
Amendment to the Redevelopment Plan for the Mt. Vernon Corridor
Redevelopment Project and certifying an Addendum to the 1990
Environmental Impact Report. FIRST READING
MOTION: That said resolutions be adopted; and that said
ordinance be laid over for final adoption.
TO BE HEARD AT 2:00 P.M.
CONTINUED FROM SEPTEMBER 4, 2001
R27. Joint Public Hearing - Tippecanoe Retail Project - In-N-Out Owner
Participation Agreement. (Backup material was distributed on
August 20, 2001, Item No. R37; item was continued to
September 4, 2001, Item No. R26.) Ward 3
Mayor to open the hearing . . .
(Item Continued on Next Page)
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9/17/2001
R27. Continued.
(Communitv Development Commission)
A Resolution of the Community Development Commission of the
City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino, making
certain findings and determinations pursuant to Health and Safety
Code Section 33433, making other findings and determinations in
accordance with the California Environmental Quality Act and
approving that certain owner participation agreement by and
between the Redevelopment Agency of the City of San Bernardino
and In-N-Out Burgers on the terms set forth in such agreement.
(Mavor and Common Council)
A Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging receipt of a report relating to that
certain Owner Participation Agreement by and between the
Redevelopment Agency of the City of San Bernardino and In-N-Out
Burgers.
MOTION: That the hearing be closed; and that said resolutions
be adopted.
R28. A Resolution of the Community Development Commission of the
City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino, approving
that certain exclusive right to negotiate for property acquisition
and redevelopment assistance (New Century Entertainment, Inc.)
by and between the Redevelopment Agency of the City of San
Bernardino and New Century Entertainment, Inc., on the terms set
forth in such agreement. (See Attached) (No cost to the Agency.)
Ward 1
MOTION: That said resolution be adopted.
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9/17/2001
R29. A Resolution of the Community Development Commission of the
City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino, approving
the sale of Silverwood Apartments Project to San Bernardino
328/ AF XXX, LLC; approving and authorizing execution of certain
amendmen ts to the Indenture and Loan Agreement relating to
$7,000,000 Redevelopment Agency of the City of San Bernardino
Variable Rate Demand Multifamily Housing Revenue Bonds
(Silverwood Apartments Project) Series 1996; approving and
authorizing execution of an Assumption Agreement in connection
with the sale of Silverwood Apartments Project; appointing Bond
Counsel in connection with the sale of Silverwood Apartments
Project and amendments to the Indenture and Loan Agreement;
and authorizing distribution of a Supplement to the Placement
Memorandum relating to $7,000,000 Redevelopment Agency of the
City of San Bernardino Variable Rate Demand Multifamily Housing
Revenue Bonds (Silverwood Apartments Project) Series 1996. (See
Attached) (No cost to the Agency -- $7,000,000 Bonds are not a
liability or debt of Agency or City.) Ward 4
MOTION: That said resolution be adopted.
R30. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing (1) the Executive
Director of the Agency to execute a HOME Program Community
Housing Development Organization (CHDO) Agreement (Fiscal
Year 2000-2001) by and between Neighborhood Housing Services
of the Inland Empire, Inc., (NHS) the and Redevelopment Agency of
the City of San Bernardino (11 units multi-family housing
acquisition and rehabilitation) and (2) making certain findings of
environmental exemption. (See Attached) (Cost to the Agency --
$147,000 from HOME/CHDO Funds.)
MOTION: That said resolution be adopted.
R31. Resolution of the Community Development Commission of the City
of San Bernardino approving and authorizing (1) the Executive
Director of the Agency to execute a HOME Program Community
Housing Development Organization (CHDO) agreement (Fiscal Year
2000-2001) by and between Habitat for Humanity, San Bernardino
area and Redevelopment Agency of the City of San Bernardino
(Development of three [3] single family homes) and (2) making
certain findings of environmental exemption. (See Attached) (Cost
to the Agency -- $60,000 from HOME/CHDO Funds.) Ward 6
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9/17/2001
R31. Continued.
MOTION: That said resolution be adopted.
R32. Resolution of the Mayor and Common Council of the City of San
Bernardino approving certain fee deferrals in connection with
Kohl's Development Project to be located on the former Norton Air
Force Base within the City of San Bernardino. (Resolution not
available at time of printing.) Ward 1
MOTION #1:
That the Mayor and Common Council approve
the summary of a Pass- Through Agreement
between the City and the Economic Development
Agency in connection with certain redevelopment
assistance (Kohl's Development Project) as
presen ted to this meeting and authorize the
preparation of said Pass-Through Agreement;
and that said resolution be adopted; and
MOTION #2:
That the Community Development Commission
approve the deal point summary of a Property
Tax Increment Incentive Agreement with Kohl's
Corporation as presented to this meeting and
authorize preparation of Incentive Agreement.
33. 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.)
34. Adjournment.
MOTION: That the meeting be adjourned.
Note: The next joint regular meeting is scheduled for 8:00 a.m.,
Monday, October 1, 2001, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
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9/17/2001
NOTICE: Any member of the public may address this meeting of
the Mayor and Common Council/Community Development
Commission on any item appearing on the agenda by approaching
the microphone in the Council Chambers when the item about
which the member desires to speak is called and by asking to be
recognized.
Any member of the public desiring to speak to the Mayor and
Common Council/ Community Developmen t Commission
concerning any matter not on the agenda but which is within the
subject matter jurisdiction of the Mayor and Common
Council/Community Development Commission, may address the
body at the end of the meeting, during the period reserved for
public comments. Said total period for public comments shall not
exceed forty-five (45) minutes, unless such time limit is extended
by the Mayor and Common Council/Community Development
Commission. A three minute limitation shall apply to each
member of the public, unless such time limit is extended by the
Mayor and Common Council/Community Development
Commission. No member of the public shall be permitted to
"share" his/her three minutes with any other member of the
pu blic.
The Mayor and Common Council/Community Development
Commission may refer any item raised by the public to staff, or to
any commission, board, bureau, or committee for appropriate
action or have the item placed on the next agenda of the Mayor
and Common Council/Community Development Commission.
However, no other action shall be taken nor discussion held by the
Mayor and Common Council/Community Development
Commission on any item which does not appear on the agenda
unless the action is otherwise authorized in accordance with the
provisions of subdivision (b) of Section 54954.2 of the Government
Code.
Public comments will not be received on any item on the agenda
when a public hearing has been conducted and closed.
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