HomeMy WebLinkAbout02-20-2007 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
Tobin Brinker
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
TUESDAY, FEBRUARY 20, 2007 ? 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 13 & 14.)
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.
02/20/2007
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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):
City of San Bernardino v. United States of America, Department of the
Army ? United States District Court Case No. CV 96-5205 MRP (JGx)
CV 96-8867 MRP (JGx) (Consolidated);
Michael Desrochers; Steve Lowes v. City of San Bernardino, et al. ?
United States District Court Case No. EDCV06-1408 VAP (JCRx);
People of the State of California v. Jose Luis Lopez, Jr. et al. dba the
Club ? San Bernardino Superior Court Case No. 134051;
Pravin D. Patel v. City of San Bernardino, et al. ? United States District
Court Case No. EDCV98-298RT (VAPx).
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:
Inland Communities Corp. v. City of San Bernardino, et al. (Paradise
Hills)
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:
Employee Contract
Fire Chief
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
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public services or public facilities ? pursuant to Government Code
Section 54957.
1. Continued.
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:
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40 Street Redevelopment Project Area
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1. Property Address: 255 East 49 Street
APN: 0154-126-02
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Frank Marques, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
IVDA Redevelopment Project Area
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2. Property Address: 167 East 2 Street
APN: 0135-291-12
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Stephen Adebowale, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
Central City North Redevelopment Project Area
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3. Property Address: 708 and 720 West 4 Street
APN: 0134-093-45
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Chiyo Lapham, property
owner/seller
Under Negotiation: Purchase price, terms and conditions
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(Item Continued on Next Page)
1. Continued.
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4. Property Address: 746 West 5 Street, San Bernardino
APN: 0134-054-07, 08 and 09
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Richard P. Chalk on behalf of
The Salvation Army, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
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5. Property Address: 755 West 5 Street, San Bernardino
APN: 0134-093-40
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Premila D. Patel, Dashrath B.
Patel, Sweta S. Patel, Trustee of the Sweta
S. Patel Living Trust, property owners/
sellers
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
02/20/2007
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
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
26, 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 and Community Development
Commission, be waived.
6. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated February 2, 2007,
from Barbara Pachon, Director of Finance, be approved.
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7. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated February 14, 2007 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.
Development Services
LAID OVER FROM FEBRUARY 5, 2007
8. An Ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Sections 19.06.010 (2) (K) and 19.06.030 (2) (H) of the
San Bernardino Municipal Code (Development Code) related to drive-thru
restaurants requirements. FINAL READING. (Backup material distributed
on February 5, 2007, Item No. 30.)
MOTION: That said ordinance be laid over for final adoption.
9. Resolution of the City of San Bernardino authorizing and directing the execution
of an acknowledgement of a Lease between the Metropolitan Water District of
Southern California and Pine Trails Partners, LLC, relative to a proposed
Assessment District in the Pine Avenue and Redwood Street area, Tentative
Tract No. 17716. (See Attached) (Cost to the City -- $2,092 from Assessment
District Funds, and $233 from the General Fund.) Ward 5
MOTION: That said resolution be adopted.
10. Resolution of the City of San Bernardino authorizing and directing the execution
of a Right of Way Contract for a temporary construction easement with the State
of California for property generally located at the northeast corner of Valley
Street and Walkinshaw Street relative to the widening of the I-215 Freeway.
(See Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 3
MOTION: That said resolution be adopted.
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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 4102 North ?F? Street. (See
Attached) (No cost to the City -- $1,300 processing fee paid by applicant.)
Surrounded by Ward 5
MOTION: That the Director of Development Services be authorized to
initiate proceedings for the provision of City sewer services
outside of City boundaries for property located at 4102 North
?F? Street; and that said resolution be adopted.
Facilities Management
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement for Services with and issuance of a
Purchase Order to Letner Roofing Co. for the Norton North Community Center
roof replacement in the City of San Bernardino per RFQ F-07-23. (See
Attached) (Cost to the City -- $88,900 from San Bernardino County
Community Development Block Grant Funds.) (Resolution not available at
time of printing.) Ward 2
MOTION: That said resolution be adopted.
City Attorney?s Office
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias
& Lockwood and the City of San Bernardino in the case of People v. Lopez and
Cardenas, et al. (See Attached)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute Amendment No. 7 to the Agreement with the
San Bernardino City Unified School District to provide contractual services for
seventeen (17) Creative Before & After School Programs for Success (CAPS),
at school district sites for the period July 1, 2006 through June 30, 2007 and
ratifying all action taken between July 1, 2006 and the approval of the
resolution. (See Attached) (No cost to the City -- $7,000 increased funding
for staff funding.) All Wards
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MOTION: That said resolution be adopted.
15.Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Professional Services Agreement with RJM
Design Group, Inc., in the amount of $200,000.00 for the purpose of
developing a Park, Recreation, Trails and Open Space Facilities Master Plan.
(See Attached) (Cost to the City -- $200,000 from the Development Impact
Fees Fund.) All Wards
MOTION: That said resolution be adopted.
16. Resolution authorizing the Mayor to execute Amendment No. 3 to the services
agreement between the City of San Bernardino and New Hope Missionary
Baptist Church to provide community services at the New Hope Family Life
Center and ratifying all action taken between February 1, 2007 and the approval
of the resolution. (See Attached) (Cost to the City -- $45,800 from the
General Fund.) (Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
Police
17. Resolution of the City of San Bernardino authorizing the Chief of the San
Bernardino Police Department to execute a Memorandum of Understanding with
the California State University San Bernardino Police Department. (See
Attached) (No cost to the City.) Ward 5
MOTION: That said resolution be adopted.
18. Resolution of the City of San Bernardino authorizing the Chief of Police to
execute a Memorandum of Agreement and Understanding with the State of
California to participate in the California Counter Drug Procurement 1033
Excess Property Program. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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Public Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and an increase to annual Purchase
Order Number 207154 in the amount of $27,000.00 to Consolidated Electric
Distributors for the purchase of a variety of parts needed to repair the street
light systems and signalized intersections. (See Attached) (Cost to the City --
$27,000.00 from the General Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and Purchase Order in the amount of
$57,242.18 between the City of San Bernardino and Iteris pursuant to Section
3.04.010 B-3 of the Municipal Code for the purchase of upgraded video
detection systems utilized by the Public Services Department, Street Division.
(See Attached) (Cost to the City -- $57,242.18 from the Traffic Systems
Construction Fund.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order in the amount of
$320,000.00 between the City of San Bernardino and American Asphalt South,
Inc. pursuant to 3.04.010 B.3 for completion of the Fiscal Year 2006-2007
Slurry Seal Program and exempting such purchase from the formal contract
procedures of Section 3.04.010 of the Municipal Code pursuant to Section
3.04.010, Subdivision B.2. of said code. (See Attached) (Cost to the City --
$320,000.00 from the Gas Tax Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and purchase order in the amount of
$85,228.10 between the City of San Bernardino and Wastequip for the purchase
of 3 and 4-yard commercial and residential dumpsters utilized by the Public
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Services Refuse Division. (See Attached) (Cost to the City -- $85,228.10
from the Refuse Fund.) All Wards
MOTION: That said resolution be adopted.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and purchase order in the amount of
$95,457.88 between the City of San Bernardino and Wastequip for the purchase
of commercial and residential roll-off refuse bins utilized by the Public Services
Department, Refuse Division. (See Attached) (Cost to the City -- $95,457.88
from the Refuse Fund.) All Wards
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 agreement and an increase to annual purchase
Order Number 207425 in the amount of $112,526.00 to Rehrig Pacific
Company for the purchase of automated carts for residential refuse services
throughout the City of San Bernardino. (See Attached) (Cost to the City --
$112,526.00 from the Refuse Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
25. Resolution authorizing the execution of a purchase order to Fairview Ford of
San Bernardino for the negotiated purchase to refurbish six (6) frontloader
refuse trucks, complete with new F.F. Gomez Inc. refuse bodies, to be utilized
by the Public Services Department Refuse Division. (See Attached) (Cost to
the City -- $305,900.00 from the Refuse Fund.) All Wards
MOTION #1: That said resolution be adopted; and
MOTION #2: That the Director of Finance be authorized to amend the FY
2006/07 adopted budget and appropriate $305,900 from the
unappropriated Refuse Fund balance into Account No. 527-413-
5601, (Refuse garage charges) and amend the Fleet budget
(Revenues and Expenditures) in a like amount.
Water
26. Annual audit of the Water Department?s Water and Sewer Utilities for the fiscal
year ending June 30, 2006. (See Attached)
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MOTION: That the Mayor and Common Council receive and file the Annual
Audit of the Water Department?s Water and Sewer Utilities for the
fiscal year ending June 30, 2006.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at Grants Committee Meeting on January 30,
2007 ? Committee Members present: Estrada and Baxter
27. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of the Indian Gaming Local Community Grants in the
amount of $1,537,287.60 and $1,082,700 respectively, and authorizing the
expenditure of said grants for street improvements and designated law
enforcement purposes as outlined in the grant budgets. (See Attached)
MOTION: That said resolution be adopted.
Recommended for approval at Grants Committee Meeting on January 16,
2007 ? Committee Members present: Estrada and Baxter
28. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application to the California Department of
Corrections and Rehabilitation, Division of Community Partnerships authorizing
the Mayor to execute the grant contract, and authorizing the Mayor?s Office to
administer the inter-governmental partnership Prison Reentry Planning Grant.
(See Attached) (No cost to the City -- $100,000 in grant revenue to the City.)
All Wards
MOTION: That said resolution be adopted.
Recommended for approval at Grants Committee Meeting on January 30,
2007 ? Committee Members present: McCammack, Estrada and Baxter
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing submittal of the application for Waste Tire Cleanup and Amnesty
Event Grant funds from the California Integrated Waste Management Board.
(See Attached) (Cost to the City -- $50,945 from the Federal and State
Programs Fund.) All Wards
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MOTION: That said resolution be adopted.
Recommended for approval at the Legislative Review Committee meeting
on February 6, 2007 ? Committee Members present: Kelley, Derry and
Baxter
30. An Ordinance of the Mayor and Common Council of the City of San Bernardino
amending in its entirety Title 14, Chapter 14.08 of the City of San Bernardino
Municipal Code regulating Cable, Video, and Telecommunications Service
Providers. FIRST READING (See Attached) (No cost to the City.) All Wards
MOTION: That said ordinance be laid over for final adoption.
31. An Ordinance of the City of San Bernardino amending Section 6.01.020 and
adding new Sections 6.01.160, 6.01.170, 6.01.180 and 6.01.190 to Title 6 of
the San Bernardino Municipal Code requiring mandatory spay/neuter of dogs.
(See Attached) FIRST READING (No direct cost to the City.) (Ordinance
not available at time of printing.) All Wards
MOTION: That said ordinance be laid over for final adoption.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Parks, Recreation & Community Services
CONTINUED FROM FEBRUARY 5, 2007
32. Resolution of the Mayor and Common Council authorizing the Mayor to execute
an Agreement between the City of San Bernardino and the Public Safety
Academy for use of the Norton Recreation Center Gymnasium for the period of
January 1, 2007 through December 31, 2007 and ratifying all action taken
between January 1, 2007 and the approval of the Resolution. (Backup material
distributed on January 22, 2007, Item No. 21; Item continued to February
5, 2007, Item No. 25.) (Resolution still not available at time of printing.)
MOTION: That the matter be continued to March 5, 2007.
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33. Budget amendment and approving the remainder of the Measure Z Expenditure
Plan for FY 2006/07 and adopting Measure Z Oversight Committee roles and
responsibilities and Measure Z Expenditure Policy. (New Staff Report Attached)
(Backup material distributed on January 22, 2007, Item No. 21; Item
continued to February 5, 2007, Item No. 26.)
(Item Continued on Next Page)
33. Continued.
MOTION #1: That the Director of Finance be authorized to amend the FY
2006/07 Adopted Budget to include expenditures related to the
Police Activities League in the amount of $75,000; and
MOTION #2: That the Measure Z Oversight Committee Roles and
Responsibilities (Attachment A) and Measure Z Expenditure
Policy (Attachment B) be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
34. Workshop ? 5:00 p.m. in the Council Chambers - report on Operation Phoenix
activities from the City of San Bernardino, the County of San Bernardino and
California State University San Bernardino.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meeting on
January 25, 2007 ? Committee Members present: Estrada, Johnson and
Baxter
R35. 2007 Property Owner Participation Agreement (OPA) ? Inland Behavioral and
Health Services, Inc., at 655 North ?D? Street, San Bernardino (Central City
North Redevelopment Project Area). (See Attached) Ward 1
(Mayor and Common Council)
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A. Resolution of the Mayor and Common Council of the City of San
Bernardino making certain findings and determinations and consenting to
payment for public improvements by the Redevelopment Agency of the
City of San Bernardino (?Agency?) related to the property at 655 N.
?D? Street (?Site?) pursuant to the 2007 Property Owner Participation
Agreement by and between the Agency and Inland Behavioral and Health
Services, Inc., (Central City North Redevelopment Project Area).
R35. Continued.
(Community Development Commission)
B. Resolution of the Community Development Commission of the City of
San Bernardino (1) approving and authorizing the Executive Director of
the Redevelopment Agency of the City of San Bernardino (?Agency?) to
execute a 2007 Property Owner Participation Agreement by and between
the Agency and Inland Behavioral and Health Services, Inc., for the
development of the property at 655 North ?D? Street (?Property?) and
(2) making certain findings and determinations thereto related to the
development of the project (Central City North Redevelopment Project
Area).
MOTION: That said resolutions A&B, be adopted.
R36. 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 a
2007 Property Owner Participation Agreement by and between the Agency and
Alton C. Green and Kenneth L. Owens (?Property Owners?) for the
development of 3 single-family homes on the property located at 100, 114 and
122 North Allen Street (?Property?) (Meadowbrook Park Revitalization Area ?
IVDA Redevelopment Project Area). (See Attached)
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
PLANNING
CONTINUED FROM JANUARY 22, 2007
TO BE HEARD AT 4:30 P.M.
37. Appeal Hearing - Planning Commission?s approval of Tentative Parcel Map No.
17052 and Development Permit II No. 04-54 to request elimination of a
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mitigation measure requiring a fair-share contribution to the long-term operation
and maintenance of the Verdemont Fire Station ? project site is located on the
south side of Industrial Parkway between Cable Creek and Devil Creek in the
IH, Industrial Heavy, land use district. (Backup material distributed on
December 4, 2006, Item No. 36; item continued to January 22, 2007, Item No.
40.) Ward 6
MOTION: That the matter be tabled.
END OF PLANNING ITEMS
38. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute
limitation shall apply to each member of the public who wishes to address the
Mayor and Common Council/Community Development Commission on a matter
not on the agenda. No member of the public shall be permitted to ?share?
his/her three minutes with any other member of the public. (Usually any items
heard under this heading are referred to staff for further study, research,
completion and/or future Council/Commission action.)
39. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30
p.m., Monday, March 5, 2007, in the Council Chambers of City
Hall, 300 North ?D? Street, San Bernardino, California.
02/20/2007
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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.
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