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HomeMy WebLinkAbout09-18-2006 Reg. Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. “D” Street Dennis J. Baxter San Bernardino, CA 92418 Vacant Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CITY HOUSING AUTHORITY MONDAY, SEPTEMBER 18, 2006 – 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 12-15.) 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. 09/18/2006 1 CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel – existing litigation – pursuant to Government Code Section 54956.9(a): The People of the State of California, acting by and through the Department of Transportation vs. the Redevelopment Agency of the City of San Bernardino et al. - San Bernardino Superior Court Case No. SCVSS 141024; Kenneth Brown v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 107526. 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: Stewart Cumming vs. Northwest Project Area Committee and Redevelopment Agency Claim filed by City of Riverside/Gage Canal Company Utility Users Tax Hiring Outside Counsel to review Cable/Telecommunications Ordinance C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9: Redevelopment Agency/San Bernardino City Housing Authority vs. Bonnie S. Johnson D. Closed Session – personnel – pursuant to Government Code Section 54957. 09/18/2006 2 (Item Continued on Next Page) 1. Continued. 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: Central City North Redevelopment Project Area 1. Property Address: 396 North “E” Street, San Bernardino APN: 0134-221-45 and 46 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Central City Commerce Center; Nick Coussoulis and wife; Dr. Jerome T. Taurek and wife; Marie Jay, property owners/sellers Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 09/18/2006 3 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Re-appointment – Carl Clemons – Board of Police Commissioners – Mayor Morris. B. Re-appointment – Benjamin Gonzales – Alternate – Board Police Commissioners – Mayor Morris. C. Appointment – Robert Vincent – Alternate – Board of Police Commissioners – Mayor Morris. D. Appointment – Shirley Harlan – Community Television Commission – Council Member Derry. E. Appointment –Shirley Harlan – Senior Affairs Commission – Council Member Derry. MOTION: That the re-appointments and appointments A-E, as requested by Mayor Morris and Council Member Derry, be approved. 3. Presentations. A. Service Pin Awards Ceremony. 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 22, be adopted except for ____, ____, ____, ____, and ____. 09/18/2006 4 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. 6. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: August 2, 2006 (Distributed on 9/8/06) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 30, 2006, 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 12, 2006 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. Animal Control 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Animal Housing Services Agreement by and between the City of San Bernardino and the City of Grand Terrace from July 1, 2006 through June 30, 2007. (See Attached) (Anticipated revenue to the City -- $6,374 in FY 06/07.) MOTION: That said resolution be adopted. 09/18/2006 5 City Manager 10. Resolution of the Mayor and Common Council of the City of San Bernardino approving a license agreement regarding off-site electronic message center freeway sign for Arrowhead Credit Union Park and accepting a deed for a parcel of land from Arrowhead Central Credit Union. (See Attached) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. Development Services 11. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Eucalyptus Avenue and Randall Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1048; preliminarily approving the Engineer’s Report and giving notice of a public meeting and public hearing. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) Ward 3 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 Eucalyptus Avenue and Randall Avenue area (Tract No. 17273), to be known as Assessment District No. 1048; and that said resolution be adopted. 12. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Magnolia Avenue and Ohio Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1041; preliminarily approving the Engineer’s Report and giving notice of a public meeting and public hearing. (See Attached) (No cost to the City -- $4,000 processing fee 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 Magnolia Avenue and Ohio Avenue area (Tract No. 15228), to be known as Assessment District No. 1041; and that said resolution be adopted. 09/18/2006 6 13. 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 establishing a four-way stop at the intersection of Palm Avenue and Irvington Avenue. (See Attached) (Cost to the City -- $1,500 from the General Fund.) Ward 5 MOTION: That said resolution be adopted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with Pine Trails Partners, LLC, a California Limited Liability Company, for Pine Avenue improvements. (See Attached) (Cost to the City -- $140,000 from the ½ Cent Sales and Road Tax Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino approving a Services Agreement with Convert-A-Doc for the provision of document imaging services. (See Attached) (Cost to the City -- $107,300 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Attorney 16. Resolution of the Mayor and Common Council of the City of San Bernardino approving a Professional Services Agreement with Rutan & Tucker, LLP for legal services regarding a claim for utility user tax refund by the City of Riverside. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Fire 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a purchase order to L. N. Curtis & Sons in the amount of $52,012.92 for small talk plus systems and self-contained breathing apparatus. (See Attached) (Cost to the City -- $52,012.92 from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. 09/18/2006 7 18. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the National Incident Management System as part of the City’s Emergency Management System. (See Attached) (No cost to the City -- $2,500 cost funded by the 2004 Metropolitan Medical Response System Grant.) All Wards MOTION: That said resolution be adopted. Human Resources 19. Establishment of salaries for Police Department Ranges P-1, P-2, P-3 & Law Enforcement Trainee effective August 1, 2006. (See Attached) (Cost to the City -- $2,192,300 from the General Fund.) MOTION #1: That the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 2006; and MOTION #2: That the Director of Human Resources be authorized to amend Resolution No. 6429 to reflect this action; and MOTION #3: That the Director of Finance be authorized to amend the FY 2006/2007 budget by increasing the Police Department General Fund budget by $2,192,300 for Charter 186 costs by appropriating $877,300 from the General Fund Budget Reserve and transferring $1,315,000 from the General Government Budget in Account No. 001-092-5011 and also make the appropriate adjustments to the various Police Grants as allowed by the Grants for the Charter 186 costs. Information Technology 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of a SAN (Storage Area Network) Enterprise Backup System for the City’s computer servers from CDW Government, Inc. (See Attached) (Cost to the City -- $53,869.41 from the Information Technology Fund.) MOTION: That said resolution be adopted. 09/18/2006 8 Public Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Purchase Order No. 999384 to Ranch Rock Products for removal of debris from the City owned Chestnut Debris Basin located in the Verdemont area north of Palm Avenue in the City of San Bernardino. (See Attached) Ward 5 MOTION: That said resolution be adopted. 21A. Resolution of the Mayor and Common Council authorizing the City Manager to execute an agreement between the City of Los Angeles and the City of San Bernardino for Los Angeles to loan four refuse collection vehicles to the City of San Bernardino. (See Attached) MOTION: That said resolution be adopted. Water Department 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a grant of perpetual, non-exclusive easement to Waterman BP, LLC for landscape and utilities on property located on Waterman Avenue and Steele Street, San Bernardino, CA (APN 0141-342-04-0000). (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee meeting on August 22, 2006 – Committee Members present: Kelly, Baxter and Derry Public Services 23. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 8.21; repealing and replacing Chapter 8.24 of the San Bernardino Municipal code regarding garbage and rubbish and repealing and replacing Chapter 8.25 regarding scavenging of recyclable materials. FIRST READING (No cost to the City.) All Wards 09/18/2006 9 MOTION: That said ordinance be laid over for final adoption. 23A. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California amending Chapter 9.90 of the San Bernardino Municipal Code regarding authority to arrest-citations. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. 23B. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California amending Section 8.39.020 of the San Bernardino Municipal Code regarding nuisance vehicles. FIRST READING (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Legislative Review Committee meeting on September 6, 2006 – Committee Members present: Kelley, Baxter & Derry 24. An Ordinance of the City of San Bernardino amending Section 5.04.525(D) of the San Bernardino Municipal Code and adding Section 5.04.525(H) to the San Bernardino Municipal Code relating to Business Registration fees based on gross receipts. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 25. Public hearing – resolution ordering vacation of the north-south alley, west of th Mount Vernon Avenue, north of 5 Street. (See Attached) (No cost to the City -- $1,200 processing fee paid by applicant.) Ward 1 Resolution of the City of San Bernardino ordering the vacation of the north- th south alley, west of Mount Vernon Avenue, north of 5 Street (Plan No. 11664). 09/18/2006 10 (Item Continued on Next Page) 25. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why the north-south alley, west of Mount Vernon Avenue, th north of 5 Street is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM SEPTEMBER 5, 2006 Development Services 26. Resolution of the City of San Bernardino adopting the Four-Year Capital Improvement Program (2006-2010) for Measure “I” Local Expenditures including Attachments “A” through “D”; Attachments “C” and “D” representing potential conflicts of interest for various council members. (Backup material distributed on September 5, 2006, Item No. 42.) (New resolution attached) MOTION: That said resolution be adopted. CONTINUED FROM SEPTEMBER 5, 2006 Human Resources 27. Resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management Bargaining Unit and a resolution for salary adjustments. (Backup material distributed on September 5, 2006, Item No. 20.) A. Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management bargaining unit of the City of San Bernardino represented by San Bernardino Public Employees’ Association. B. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten, Eleven, Twelve & Fourteen, entitled in part "A 09/18/2006 11 Resolution codifying prior Council actions (General, Mid-Management, and Confidential & Management). MOTION: That the matter be continued to October 2, 2006. STAFF REPORTS TO BE HEARD AT 6:00 P.M. 28. Workshop – role of the City Manager – Management Information Center Room, Sixth Floor. City Attorney 29. Resolution of the City of San Bernardino authorizing a Professional Services Agreement between the City of San Bernardino and the law firm of Richards, Watson & Gershon to represent the City of San Bernardino regarding Cable/Telecommunications Franchises and adoption of a new cable/telecommunications ordinance. (See Attached) MOTION: That said resolution be adopted. Mayor’s Office 30. Resolution of the Mayor and Common Council of the City of San Bernardino designating September 11 as a day of service, charity and compassion. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on August 24, 2006 – Committee Members present: Estrada, Johnson & Baxter R31. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute Amendment No. 2 to the December 6, 1999, as subsequently amended, Grant Agreement by and between the Agency and Casa Ramona, Inc., a California non-profit corporation. (See Attached) (Funding for this Grant Agreement 09/18/2006 12 has been carried over from 1999 budget appropriation to the 2006-2007 EDA approved Housing Fund Budget.) Ward 1 MOTION: That said resolution be adopted. R32. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the Redevelopment Project Study and Exclusive Right to Negotiate Agreement (“Agreement”) with Home Depot, Inc. (“Developer”) – IVDA Redevelopment Project Area. (See Attached) (No cost to the City.) Ward 7 MOTION: That said resolution be adopted. R33. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the 2006 Property Owner Participation Agreement by and between the Agency and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju th Ko (“Property Owners”) for the development of the property. (696 W. 5 Street) (See Attached) Ward 1 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meeting on August 8, 2006 – Committee Members present: Estrada, Johnson & Baxter TO BE HEARD AT 4:30 P.M. R34. Public hearing – 2006 HOME Funds Development Agreement for development of four (4) single-family in-fill homes – Arroyo Valley Community Economic Development Corporation (Arroyo), a non-profit corporation. (See Attached) Ward 6 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the 2005/2010 Consolidated Plan and the 2006/2007 Annual Plan and consenting to the disposition of th certain property located on 16 and Harris Streets (APN: 0144-131-21) th and 17 and “J” Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino (“Agency”) pursuant to the terms of the 2006 HOME Funds 09/18/2006 13 Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation (“Arroyo”) and Inland Empire Concerned African American Churches (“Churches”) (collectively referred to as “Developer”) – Inland Valley Development Agency (IVDA) Redevelopment Project Area. R34. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving the disposition of certain property located on thth 16 and Harris Streets (APN: 0144-131-21) and 17 and “J” Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino (“Agency”) and authorizing the Executive Director of the Agency to execute the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation (“Arroyo”) and Inland Empire Concerned African American Churches (“Churches”) (collectively referred to as “Developer”) - Inland Valley Development Agency (IVDA) Redevelopment Project Area. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolutions A&B, be adopted. Recommended for approval at the Redevelopment Committee meeting on September 7, 2006 – Committee Members present: Estrada Johnson & Baxter TO BE HEARD AT 4:30 P.M. R35. Public hearing – Certification of an EIR related to the project and 2006 Disposition and Development Agreement by and between the Agency and Hillwood (State College Redevelopment Project Area). (See Attached) (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino certifying that the Environmental Impact Report (“EIR”) prepared for the Hillwood Warehouse/Distribution Facility (Tentative Parcel Map No. 17375 – “Project”) is recognized as adequate and complete; recognizing the overriding considerations to certain adverse impacts and, recognizing the significant environmental effects which cannot be avoided, but can be reasonably mitigated, if the proposed 09/18/2006 14 project is implemented. (Item Continued on Next Page) R35. Continued. B. Resolution of the Community Development Commission of the City of San Bernardino (1) approving the 2006 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and HSB I-215, a California Limited Partnership and SE I-215, a California Limited Partnership (collectively referred to as “Hillwood”); (2) authorizing the Executive Director of the Agency to execute said DDA relating to the transfer of the Agency Property located south of the Hillwood Property and west of the I-215 Freeway – (10.53 acres in the City of San Bernardino) (“Agency Property”); (3) acceptance by the Agency of the adjacent Exchange Tract; and (4) making certain findings thereto related to the development of the project. (Mayor and Common Council) C. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the sale of the Agency Property as identified in the 2006 Disposition and Development Agreement (“DDA”) by and between the Redevelopment Agency of the City of San Bernardino (“Agency”) and HSB I-215, a California Limited Partnership and SE I- 215, a California Limited Partnership (collectively referred to as “Hillwood”) (Agency Property located south of the Hillwood Property and west of the I-215 Freeway - 10.53 acres in the City of San Bernardino) (“Agency Property”) and accepting the Community Development Commission’s certain findings related to the development of the proposed project. Mayor to open the hearing . . . MOTION: That the hearing be closed and that said resolutions A-C, be adopted. 09/18/2006 15 END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS TO BE HEARD AT 5:30 P.M. 36. Appeal – Conditional Use Permit No. 05-23 (Appeal No. 06-06) – an appeal of the Planning Commission approval to construct a 75’ 0” monopalm telecommunications tower and equipment shelter at 3630 North “E” Street in the RM, Residential Medium land use district. (See Attached) (No cost to the City.) Ward 5 Appellant: Marty Caputo 2691 Dow Avenue, #C Tustin, CA 92780 Request/Location: The subject of this appeal is the Planning Commission’s approval of Conditional Use Permit No. 05-23 to construct a 75’0” monopalm telecommunications tower and equipment shelter at the Uptown Church of Christ, located at 3630 North “E” Street. The appellant filed Appeal No. 06-06 on May 15, 2006, seeking to overturn the Planning Commission’s decision. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny Appeal No.06-06 and uphold the Planning Commission’s approval of Conditional Use Permit No. 05-23. END OF PLANNING ITEMS 37. 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.) 09/18/2006 16 38. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 2, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 09/18/2006 17