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HomeMy WebLinkAbout07-06-2004 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TUESDAY, JULY 6, 2004 - 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 15 & 16.) CALL TO ORDER: PRESENT: ABSENT: PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel - eXIstmg litigation - pursuant to Government Code Section 54956.9(a): The People of the State of California v. Highland Delmann Heights Quality Water Supply Authority - San Bernardino Superior Court Case No. SCVSS 104542; (Item Continued on Next Page) 1 07/06/2004 1. Continued. City of San Bernardino, a Municipal Corporation and the Economic Development Agency for the City of San Bernardino v. Valerie Pope- Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court Case No. SCVSS 108965; City of San Bernardino Municipal Water Department v. the United States Department of The Army - United States District Court Case Nos. CV 96-8867 & CV 96-5205; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 V AP (SGLx). 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: NMCP v. City of San Bernardino MALDEF v. City of San Bernardino Linda Van Den Brink 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 v. Jose A. Segovia City of San Bernardino v. Guadalupe Valdez Sauceda City of San Bernardino v. Hope Hilacia Molina City of San Bernardino v. Henry Edward Barber City of San Bernardino v. Protea Hotel, Inc. 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: (Item Continued on Next Page) 2 07/06/2004 1. Continued. Negotiator: Linn Livingston, Human Resources Director Employee Organizations: General Unit Mid- Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: Negotiating Parties: Under Negotiation: 2. Property: Negotiating Parties: Under Negotiation: 3. Property: Negotiating Parties: Under Negotiation: 24 7 West Third Street James F. Penman, General Counsel, on behalf of the Redevelopment Agency, property owners; and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Purchase price, terms and conditions That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Blvd., Del Rosa Drive, Paul Villasenor Blvd., and Memorial Drive Don Rogers on behalf of the Inland Valley Development Agency; David Newsom on behalf of Hillwood/San Bernardino LLC.; Bruce Varner on behalf of Stater Bros. Markets; James F. Penman on behalf of the City of San Bernardino. Terms and conditions APN 0266-362-12 5055 Hallmark Parkway Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Stan Robbins and Jim Robbins, purchasers Purchase price, terms and conditions 3 07/06/2004 END OF CLOSED SESSION 4 07/06/2004 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Animal Control Commission - Misti Fillhart - Council Member Kelley. MOTION: That the appointment of Misti Fillhart to the Animal Control Commission, as requested by Council Member Kelley, be approved. 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 25, be adopted except for _, _, _, _, and _. 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. 5 07/06/2004 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated June 29,2004, from Barbara Pachon, Director of Finance, be approved. 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated June 29, 2004 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 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Animal Control Services Agreement by and between the City of San Bernardino and the City of Fontana from July 1, 2004 through June 30, 2005. (See Attached) (Revenue to the City of $604,800 for FY 2004/05.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Administrator 9. Resolution of the Mayor and Common Council of the City of San Bernardino in support of the Local Government Budget Package. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Clerk 10. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)( 1). 6 07/06/2004 MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. Code Compliance 11. Resolution of the City of San Bernardino authorizing execution of a new Services Agreement with Los Padrinos, Youth Services Inc. a non-profit organization. (See Attached) ($588,000 is fully funded by Community Development Block Grant Funds.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Development Services 12. Request for authorization of budget amendment omitted at the September 2, 2003, meeting of the Mayor and Common Council (Item No.9) - SANBAG reimbursement funding. (See Attached) MOTION: That the Director of Finance be authorized to amend the FY 2003/04 Capital Improvement Program (CIP) budget to reflect $16,600 in revenue reimbursement in the Transportation Development Act Fund (122-000-4605), and the transfer of $7,100 of the funds to the Traffic Congestion Fund, and $9,500 to the Gas Tax Fund to reimburse these funds for project costs incurred. 13. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Nikola Corporation for the sewer improvements on Base Line Street and Wilson Street (SW 04-04), "I" Street (SW 04-30) and 35th Street (SW 04-31) per Plan No. 10890. (See Attached) (Cost to the City -- $420,000 from the Sewer Line Construction Fund.) (Resolution not available at time of printing.) Wards 5,6&7 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2003/04 budget to transfer $9,315 from Account No. 245-365-5504-7317, "Base Line Street and Wilson Street - Replace Sewer Main (SW04-04)" to Account No. 245-365-5504-7428, "35th Street - Replace/Parallel Sewer Main (SW04-31)" . 14. Resolution of the City of San Bernardino approving Amendment No. 1 to Services Agreement with Lim & Nascimento Engineering Corporation for 7 07/06/2004 Project Management of the Mt. V ernon Avenue viaduct over the BNSF Railroad. (See Attached) (Cost to the City -- $74,918. From the Street Construction Fund.) (Resolution not available at time of printing.) Wards 1&3 (Item Continued on Next Page) 14. Continued. MOTION: That said resolution be adopted 15. Authorization for the Director of Development Services to execute Change Order No. One to Contract with Bonadiman-McCain, Inc. for Timber Creek improvements from East Twin Creek to 4,016.93 feet east, per Plan No. 10069. (See Attached) (Cost to the City -- $60,761.24 from the Storm Drain Construction Fund. ) Ward 1 MOTION: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One to contract with Bonadiman-McCain, Inc. for Timber Creek improvements from East Twin Creek to 4,016.93 feet east, per Plan No. 10069. 16. Authorization for the Director of Development Services to execute Change Order No. One to contract with Repipe-California, Inc. (dba PPR) for the Sewer Rehabilitation by Cured-In-Place Pipe (CIPP) Method on "E" Street between 2nd Street and 5th Street (SW04-06), per Plan No. 10540. (See Attached) (Cost to the City - $35,000.00 from the Sewer Line Construction Fund). Ward 1 MOTION: That the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One to contract with Repipe-California, Inc. for the Sewer Rehabilitation by Cured-In-Place Pipe (CIPP) Method on "E" Street between 2nd Street and 5th Street (SW04-06), per Plan No. 10540. Facilities Mana~ement 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract and issuance of an annual purchase order with two one-year options to Nexus IS Inc., for the provision of repairs and maintenance to the City's NEC Telephone Systems for the Facilities 8 07/06/2004 Management Department in the amount of $42,343.00. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Information Services 18. Resolution of the City of San Bernardino authorizing the purchase of 140 Panasonic laptop based mobile data computers (MDC) for Police and Fire vehicles. (See Attached) (Cost to the City -- $1,406,310.25 (Lease Purchase) from the Information Services Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 19. Resolution of the City of San Bernardino authorizing a contract for 800 MHz radio time-air services between the City and Patton State Hospital. (See Attached) (Projected annual income to the City -- $600 to the Information Services Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to issue a purchase order to R. P. Landscape and Irrigation for landscape maintenance service for the cemetery, for a period of twelve (12) months in accordance with Bid Specification F-04- 048 with an option of two additional single year renewals. (See Attached) (Cost to the City -- $47,088.00 from the Cemetery Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Police 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino to execute an Agreement 9 07/06/2004 with the California State University, San Bernardino allowing the University to use the City of San Bernardino Police Department's firing range. (See Attached) (Revenue increase of approximately $1,200 for twelve-month period.) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolution be adopted. Public Services 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an increase to an annual purchase order, with three (3) single year renewal options, to Labrie Equipment for the purchase of specific Labrie equipment parts and supplies utilized by the Public Services Fleet Division. (See Attached) (Cost to the City -- $40,000 from the Motor Pool Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of combined annual purchase orders, with two single year renewal options, for general automotive repair and machine shop support to Southwestern Motors and Pride; for medium/heavy equipment and truck repair to McCray Enterprises; and for radiator repair to Automart and Southwestern Motors.) (See Attached) (Cost to the City -- $54,000 from the Motor Pool Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of combined annual purchase orders, with two single year renewal options, to Fleet Pride and McCray Enterprises for heavy duty vehicle brake and gear work, including purchase of various related parts. (See Attached) (Cost to the City -- $82,000 from the Motor Pool Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 25. Item Deleted. 10 07/06/2004 END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee meetin~ on June 23, 2004 - Committee Members present: McCammack, Estrada and Derry 26. An Ordinance of the City of San Bernardino amending Chapter 3.13 of the San Bernardino Municipal Code relating to waiver or refund of fees for Charitable Organizations. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Recommended for approval by Le~islative Review Committee meetin~ on June 23,2004 - Committee Members present: Derry, Kelley and Johnson 27. An Ordinance amending Sections 15.04.080, 15.04.081, 15.16.070 and 15.57.030 of the San Bernardino Municipal Code waiving certain City fees for the first reconstruction of commercial structures voluntarily demolished after Code Compliance has issued a Notice of Violation/Abatement. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Ways and Means Committee meetin~ on June 9, 2004 - Committee Members present: McCammack, Estrada and Derry Human Resources 28. Resolution of the Mayor and Common Council of the City of San Bernardino approving the San Bernardino City Professional Firefighters Welfare Benefit Plan authorizing payroll deductions by the City of San Bernardino for 11 07/06/2004 participating members. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 12 07/06/2004 Recommended for approval at the Grants Committee meetin~ on June 29, 2004 - Committee Members present: McCammack, Estrada and Lon~ville Police 29. Resolution of the City of San Bernardino accepting the COPS 2004 Technology Grant and authorizing the expenditure of the awarded grant funds in accordance to the Grant Expenditure Plan. (See Attached) (No cost to the City - $247,369 from Federal and State Programs Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Grants Committee meetin~ on June 15, 2004 - Committee Members present: Lon~ville, McCammack and Estrada Parks, Recreation & Community Services 30. Resolution ratifying the submittal of a grant application by the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a grant from the Mervyn's 2004 Community Giving Program in the amount of $2,487.04 to assist with youth mentoring services for FY 2004-05. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS CONTINUED FROM JUNE 21, 2004 Recommended for approval at the Ways and Means Committee meetin~ on June 9, 2004 - Committee Members present: McCammack, Estrada and Derry Public Services TO BE HEARD AT 4:00 P.M. 31. Public hearing - resolution establishing the fees and rates to be charged for the collection of refuse, green wastes and recyclables and repealing Resolution No. 98-228 and amendments thereto. (See Attached) (Item Continued on Page) 13 07/06/2004 31. Continued. Resolution of the Mayor and Common Council of the City of San Bernardino establishing the fees and rates to be charged for the collection of refuse, green wastes and recyclables, and repealing Resolution 98-228, and amendments thereto. (Resolution not available at time of printing.) The hearing remains open . . . MOTION: That the hearing be continued to July 19, 2004. END OF PUBLIC HEARINGS CONTINUED ITEMS Police CONTINUED FROM JUNE 21, 2004 32. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a School Resource Officer at Rialto High School. (Backup material distributed on June 7, 2004, Item No. 21; and item continued to June 21, 2004, Item No. 37.) MOTION: That said resolution be adopted. Recommended for approval at the Le~islative Review Committee meetin~ on June 23,2004 - Committee Members present: Derry, Kelley & Johnson Fire CONTINUED FROM JUNE 21, 2004 33. Ordinance of the City of San Bernardino amending Chapter 15.25 of the San Bernardino Municipal Code to include the Multi-family Rental Housing Fire Inspection Program. FIRST READING (Backup material distributed on June 7, 2004, Item No. 29; item was continued to June 21, 2004, Item No. 38.) MOTION #1: That said ordinance be laid over for final adoption; and MOTION #2: That the Mayor and Common Council establish a full time classification of Public Education Officer (Range 1412, $3,465- $4,212) and Fire Prevention Technician (Range 1386, $3,044- $3,700); and 14 07/06/2004 (Item Continued on Next Page) 33. Continued. MOTION #3: That the Mayor and Common Council authorize the addition of two (2) Code Compliance Officers II, three (3) Fire Prevention Technicians; one (1) Fire Prevention Officer, one (1) Public Education Officer; and one (1) Administrative Clerk I position; and MOTION #4: That the Director of Human Resources be directed to update Resolution No. 6413, Section Ten to reflect this action; and MOTION #5: That the Director of Finance be authorized to incorporate the revenues and expenditures associated with this program into the FY 2004-05 Final budget, in accordance with this staff report and attachments. END OF CONTINUED ITEMS STAFF REPORTS Fire 34. Study session - 5:00 p.m. - in the Economic Development Agency Conference Room - presentation on emergency call volume management and review of apparatus replacement schedule. END OF STAFF REPORTS 15 07/06/2004 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING TUESDAY, JULY 6, 2004 - 7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 35. Public hearing - approval of Development Code Amendment No. 03-05; Tentative Tract Map No. 16757; and Development Permit III No. 03-52. (See Attached) (No cost to the City.) Ward 3 An Ordinance of the City of San Bernardino amending Chapter 19.04 (Residential Districts), Section 19.04.030 (2) (N) of the San Bernardino Municipal Code (Development Code) related to planned residential development requirements. FIRST READING (Ordinance not available at time of printing.) Owner: Garo & Aroussiak Dekimenojian 8116 Lankershim Boulevard North Hollywood, CA 91605-1611 Applicant: Ivano Stamegna Fidelity Family Holding 1381 Warner Avenue, No. B Tustin, CA 92780 Request/Location: The applicant is requesting Development Code Amendment No. 03-05 to modify Chapter 19.04, Section 19.04.030 (2) (N), to allow 15% open space in lieu of the required 30 % if single family detached units are built instead of multi-family units. Also requested for approval are Tentative Tract Map No. 16757 to create a one-lot condominium subdivision and Development Permit III No. 03-52 to construct 54 detached single family condominium units with a minimum unit size of 1,872 square feet. The project site is located on the southeast corner of Meridian and Rialto Avenues in the RU-1, Residential Urban land use district. (Item Continued on Next Page) 16 07/06/2004 35. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; that said ordinance be laid over for final adoption; and that Tentative Tract Map No. 16757 and Development Permit III No. 03-52 be approved based upon the Findings of Fact contained in the Planning Commission staff report, subject to the Conditions of Approval and Standard Requirements (Exhibit 2, Attachment D-2). END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JUNE 21, 2004 R36. A 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 Memorandum of Understanding ("MOU") with Century Crowell Communities, L.P. ("Century") relative to the acquisition and development of the site located in the North Verdemont Area (100 acre Bice property and 5 acre City property on Little League Drive and Frontage Rd.). (Backup material distributed on June 21,2004, Item No. R41.) Ward 5 MOTION: That said resolution be adopted. R37. A Resolution of the Community Development Commission of the City of San Bernardino reinstating and amending the Property Owner Redevelopment Agreement by and between the Redevelopment Agency of the City of San Bernardino and BP California, A California Corporation and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino to execute said agreement (Northeast corner of Waterman Avenue and Vanderbilt Way - Tri-City Redevelopment Project Area). (Document and Resolution not available at time of printing.) 17 07/06/2004 MOTION: That said resolution be adopted. Recommended for approval by the Redevelopment Committee on April 6, 2004 - Committee Members Present: Estrada, Lon~ville and McGinnis R38. Termination Agreement between Agency and Neighborhood Housing Services (NHS) and Assumption and Loan Agreement between Agency and Frazee Community Center. (Document not available at time of printing.) A. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Agency to execute the Termination Agreement to the 2001 HOME Program Community Housing Development Organization (CHDO) Loan Agreement by and between Neighborhood Housing Services of the Inland Empire, Inc. (NHS) and the Redevelopment Agency of the City of San Bernardino (Agency). (Resolution not available at time of printing.) B. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Agency to execute the (1) HOME Assumption Agreement by and between NHS, Frazee Community Center, Inc. (Frazee) and the Agency; and (2) the 2004 HOME Program CHDO Loan Agreement by and between Frazee and the Agency. (Cost to the Agency -- $527,885 in HOME/CHDO Funds.) (Resolution not available at time of printing.) Ward 2 MOTION: That said resolutions A & B, be adopted. Recommended for approval by the Redevelopment Committee on July 6, 2004 - Committee Members Present: Estrada, Lon~ville and McGinnis R39. A 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 Agreement and Redevelopment Assistance with Mill Street Development LLC ("Developer") - Central City South Redevelopment Project Area. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 18 07/06/2004 40. 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.) 41. 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, July 19, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 19 07/06/2004 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. 20 07/06/2004