HomeMy WebLinkAbout12-01-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 1, 2003 - 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 page 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.
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):
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV98-1990 GAF (CTx);
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I. Continued.
Wholesale Electricity Antitrust Cases I & II - JCCP Case Nos. 4202-
0005 and 4202-00006;
Fernando Velardez; Armando Velardez v. City of San Bernardino, et al.
- San Bernardino Superior Court Case No. SCVSS 097365.
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:
Neighbors of San Manuel Tribe v. City
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. Allan Steward and Gil Lara
City v. San Manuel Band of Serrano Mission Indians
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:
I. Negotiator:
Fred Wilson, City Administrator
Employee Organization:
San Bernardino Confidential Management Association (to include
Unclassified employees)
2. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
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I. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property:
APN 0281-083-02; 0281-083-03; 0281-083-04;
0281-083-013; 0281-083-014; 0281-083-015;
0281-083-016; 0281-083-017; 0281-083-018;
0281-083-019; 0281-083-020; and 0281-091-39
Negotiating Parties:
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency and JAKS, LLC,
property owner
Under Negotiation:
Purchase price, terms & conditions
(San Bernardino City Housing Authority)
1.
Property:
123 North Sierra Way
APN 0135-292-35
Negotiating Parties:
Gary Van asdel, Executive Director on behalf
of the San Bernardino City Housing Authority
and Carlos Dorticos, property owner
Under Negotiation:
Purchase price, terms & conditions
2.
Property:
125 North Sierra Way
APN 0135-292-37
Negotiating Parties: Gary Van asdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Odessa Williams, property owner
Under Negotiation Purchase price, terms & conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
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
27, 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.
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6.
Council Minutes.
(See Attached)
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form:
October 20,2003
November 3, 2003
(Distributed on 11/21/03)
(Distributed on 11/20/03)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated November 25,2003,
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 November 25, 2003, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
City Administrator
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Greer
Stroud and the City of San Bernardino for hearing officer and/or administrative
law officer services. (See Attached) (Cost to the City -- $28,800 from the
General Fund.)
MOTION: That said resolution be adopted; and that the Mayor and Common
Council appoint William Holt and Greer Stroud as Administrative
Law Officers pursuant to Chapter 9.92 of the Municipal Code.
City Clerk
10. Resolution of the Mayor and Common Council of the City of San Bernardino,
California, reciting the facts of the Primary Municipal Election held on the 4th
day of November 2003, declaring the results thereof and setting forth such other
matters as are allowed by law. (See Attached) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
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Code Compliance/Public Services
II. Resolution of the City of San Bernardino authorizing execution of a new
services agreement with Los Padrinos, Youth Services Inc. a non-profit
organization, and rescinding Resolution No. 2003-137. (See Attached) (Cost to
the City -- $342,993 from the General Fund.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2003-04 adopted budget for the
Sewer Fund, Code Compliance Department, and Public Services
Department as outlined in the staff report from Glenn Baude,
Code Compliance Director, dated November 24,2003.
Development Services
12. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, "A Resolution.. .prohibiting parking upon certain designated
streets, alleys, or portions thereof..." to establish a no parking any time zone on
both sides of Sixth Street between Sierra Way and the end of Sixth Street east of
Sierra Way. (See Attached) (Cost to the City -- $1,000 from the General
Fund.) Ward 1
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Hillcrest Contracting, Incorporated for Waterman
Avenue, Washington Street and Barton Road signals upgrade per Plan No.
10496. (See Attached) (Cost to the City -- $185,200 [Up to $106,000 to be
reimbursed by CMAQ Grant; balance of $79,200 from Traffic Systems
Construction Fund. ]) Ward 3
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino approving a services agreement with
Myra L. Frank & Associates, Inc. for provision of Professional Environmental
Services for the design of the Mt. V ernon Avenue Viaduct over the BNSF
Railroad. (See Attached) (Cost to the City -- $123,524 from the Mt. Vernon
Grade Separation at BNSF.) Wards 1 & 3
MOTION: That said resolution be adopted.
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Economic Development A~ency
LAID OVER FROM NOVEMBER 17, 2003
15. Elimination of debt limits for nine (9) Redevelopment Agency of the City of San
Bernardino Redevelopment Project Areas. (Backup material was distributed
on November 17, 2003, Item No. R37.)
State Colle~e
A. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the State College
Redevelopment Project Area. FINAL READING
Central City North
B. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the Central City
North Redevelopment Project Area. FINAL READING
Central City West
C. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the Central City
West Redevelopment Project Area. FINAL READING
Southeast Industrial Park
D. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the Southeast
Industrial Park Redevelopment Project Area. FINAL READING
Northwest
E. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the Northwest
Redevelopment Project Area. FINAL READING
Tri-City
F. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the Tri-City
Redevelopment Project Area. FINAL READING
South Valle
G. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the South Valle
Redevelopment Project Area. FINAL READING
(Item Continued on Next Page)
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15. Continued.
Mt. Vernon
H. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the Mt. Vernon
Redevelopment Project Area. FINAL READING
Uptown
I. An Ordinance of the City of San Bernardino eliminating the debt
incurrence deadline for the Redevelopment Plan for the Uptown
Redevelopment Project Area. FINAL READING
MOTION: That said ordinances A-I, be adopted.
Fire
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to enter into an
agreement with Loma Linda University Health Care for Medical Director
services. (See Attached) (Cost to the City -- $1,500 from the General Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Human Resources
17. 2003-2004 Holiday Closure. (See Attached)
MOTION #1: That the Mayor and Common Council require affected employees
to take off Friday, December 26, 2003, using their own accrued
leave; and
MOTION #2: That the Mayor and Common Council require affected employees
to take off Friday, January 2, 2004, using their own accrued
leave.
18. Resolution amending Resolution No. 6413, Sections Twelve and Fourteen,
establishing a basic compensation plan and a resolution amending Resolution
No. 2001-94, Management, Confidential and Unclassified Employee
Compensation and Benefits Plan. (See Attached)
(Item Continued on Next Page)
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12/01/2003
18. Continued.
A. Resolution of the City of San Bernardino amending Resolution No.
6413, Sections Twelve and Fourteen, entitled in part, "A resolution . . .
establishing a basic compensation plan . . ." by updating information
codifying prior Council action (Management/Confidential and
Unclassified). (Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino amending Resolution No.
2001-94, establishing a Compensation and Benefits Plan for the
Management/Confidential and Unclassified employees, amending Section
2, Subsection L, administrative leave. (Resolution not available at
time of printing.)
MOTION: That said resolutions A & B, be adopted.
19. Establishment of salaries for Fire Department, Ranges P-l, P-2, P-3, and P-4,
effective August I, 2003. (See Attached)
MOTION #1: That the salaries for Fire Department Ranges P-l, (Firefighter),
P-2 (Firefighter/Paramedic), P-3, (Fire Engineer), P-4 (Fire
Investigator and Captain) be established, effective August I,
2003, as outlined in the attached staff report from Linn
Livingston, Director of Human Resources, dated November 20,
2003; and
MOTION #2: That the Mayor and Common Council authorize the Director of
Finance to amend the Fiscal Year 2003-04 budget to transfer
$911,300 from the General Government Budget (001-092-5011)
to the Fire Department Budget in the General Fund.
20. Establishment of salaries for Fire Department, Ranges P-5, P-6, P-7, Fire
Marshal and Training Officer, effective August I, 2003. (See Attached)
MOTION #1: That the salaries for Fire Department Ranges P-5, (Battalion
Chief), P-6, (Deputy Fire Chief), P-7 (Fire Chief), Fire Marshal
and Training Officer be established, effective August I, 2003, as
outlined in the attached staff report from Linn Livingston,
Director of Human Resources, dated November 20,2003; and
MOTION #2: That the Mayor and Common Council authorize the Director of
Finance to amend the Fiscal Year 2003-04 Budget to transfer
$99,400 from the General Government Budget (001-092-5011) to
the Fire Department Budget in the General Fund.
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12/01/2003
Parks, Recreation & Community Services
21. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the execution of Amendment No.2 to the Concessionaire Contractual
Agreement between the City of San Bernardino and Diamond Creations, Inc. to
extend concession services at the San Bernardino Soccer Complex through
November 19, 2004. (See Attached) Ward 7
MOTION: That said resolution be adopted.
22. A Resolution of the City of San Bernardino authorizing the Mayor of the City of
San Bernardino or her designee to apply for grant funds under the provisions of
the 2002 Resources Bond Act (Proposition 40) for the Roberti-Z'Berg-Harris
Urban Open Space and Recreation Program, and repealing Resolution No.
2003-296. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Public Services
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to the purchase order to Matich Corporation for the
rental of paving equipment including operators for roadway pavement
rehabilitation. (See Attached) (Cost to the City -- $112,200 from various
funds.) All Wards
MOTION: That said resolution be adopted.
24. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing and increase to purchase orders to Matich Corporation and/or
Vulcan Materials/Cal Mat Division to supply materials for roadway pavement
rehabilitation for use by the Public Services Department. (See Attached) (Cost
to the City -- $1,206,550 from various funds.) All Wards
MOTION: That said resolution be adopted.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase of a purchase order to Precision Cold Planing Company
to supply cold milling services for roadway pavement rehabilitation for use by
the Public Services Department. (See Attached) (Cost to the City -- $103,050
from various funds.) All Wards
MOTION: That said resolution be adopted.
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12/01/2003
26. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to the purchase order between the City of San
Bernardino and Guzman Construction Co., for repair of sidewalks, curbs,
gutters, and driveways at various CIP project locations throughout the City of
San Bernardino. (See Attached) (Cost to the City -- $103,500 [$71,000 from
the Gas Tax Fund and $32,500 from the % Cent Sales and Road Tax
Fund.]) All Wards
MOTION: That said resolution be adopted.
Water Department
27. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a grant of easement to Mountainview Power Company LLC, a
Delaware Limited Liability Company, for the construction, maintenance,
operation and repair of a wastewater discharge line in the City of San
Bernardino, located at 1494 South Waterman Avenue, and approving a three
party agreement between Mountainview Power Company LLC, the San
Bernardino Golf Club and the City of San Bernardino regarding said wastewater
discharge line. (See Attached) (No cost to the City.) Ward 3
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at Le~islative Review Committee on November
18, 2003 Council Members present: McGinnis, Lon~ville and Derry
28. Ordinances amending Chapter 15.10 of the San Bernardino Municipal Code and
adopting Section 15.10.090, to include the Fire Threat Zone Building and
Landscaping Standards. (See Attached)
A. Urgency Ordinance of the City of San Bernardino amending Chapter
15.10 of the San Bernardino Municipal Code to include the fire threat
zone building and landscaping standards. URGENCY (Ordinance not
available at time of printing.)
MOTION: That said urgency ordinance be adopted.
(Item Continued on Next Page)
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12/01/2003
28. Continued.
B. Ordinance of the City of San Bernardino amending Chapter 15.10 of the
San Bernardino Municipal Code to include the Fire Threat Zone Building
and Landscaping Standards. FIRST READING (Ordinance not
available at time of printing.)
MOTION: That said ordinance be laid over for final adoption.
Heard at Grants Committee on November 18, 2003 - Council Members
present: Estrada and McCammack
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor of the City of San Bernardino or her designee to apply
for and administer a grant from the Murray Hayden Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002 to renovate the Norton Gymnasium Facility. (See
Attached)
MOTION: That said resolution be adopted.
Heard at Ways and Means Committee on November 19, 2003 - Council
Members Present: McCammack, McGinnis and Derry
30. Resolutions concerning cooperative agreements between the City, EDA and San
Bernardino Associated Governments (SANBAG) regarding the Metrolink
Commuter Rail Station and the Santa Fe Depot. (See Attached) (Cost to the
City - To be determined. ) Ward 1
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of Cooperative Agreement 04-040
between San Bernardino Associated Governments (SANBAG) and the
City of San Bernardino concerning the Metrolink Commuter Rail Station
and the Santa Fe Depot.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of the Second Amendment to
Cooperative Agreement 93-066 among San Bernardino Associated
Governments (SANBAG), the Economic Development Agency of the
City of San Bernardino, and the City of San Bernardino relative to the
conveyance of title and termination of Cooperative Agreement 93-066
concerning the Metrolink Commuter Rail Station and the Santa Fe
Depot.
(Item Continued on Next Page)
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30. Continued.
C. Resolution of the Community Development Commission of the City of
San Bernardino authorizing the execution of the Second Amendment to
Cooperative Agreement 93-066 among San Bernardino Associated
Governments (SANBAG), the Economic Development Agency of the
City of San Bernardino, and the City of San Bernardino relative to the
conveyance of title and termination of Cooperative Agreement 93-066
concerning the Metrolink Commuter Rail Station and the Santa Fe
Depot.
MOTION: That said resolutions A-C, be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
31. Public hearing - resolution ordering work - Irvington Avenue and Olive Avenue
Area Landscape Maintenance Assessment District No. 1031. (See Attached)
(No cost to the City -- $4,000 processing fee paid by applicant.) Ward 5
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots representing at least fifty percent
(50%) affirmative votes for the proposed assessment have been received and that
the public convenience and necessity require the maintenance of landscaping in
the area of Irvington and Olive Avenue, approving the Final Engineer's Report,
creating an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1031, ordering the work, confirming the 2003-2004
Assessment Roll, determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply and terminating
Assessment District No. 969.
Mayor to open the hearing . . .
MOTION: That the public hearing relative to the formation of Irvington
A venue and Olive A venue Area Landscape Maintenance
Assessment District No. 1031, be closed; and that said resolution
be adopted. (4/5ths vote required.)
END OF PUBLIC HEARINGS
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CONTINUED ITEMS
Development Services
CONTINUED FROM NOVEMBER 17, 2003
32. Resolution of the City of San Bernardino authorizing the execution of a land
lease agreement with Verizon Wireless for use of a portion of Al Guhin Park,
located at 3652 West Little League Drive (San Bernardino Blast). (Backup
material distributed on November 17, 2003, Item No. 10.)
MOTION: That the matter be continued to December 15, 2003.
END OF CONTINUED ITEMS
STAFF REPORTS
City Clerk
33. 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)( I).
Development Services
34. Tentative Tract No. 14112 - Foothill and Sterling - project status report. (See
Attached) Ward 4
MOTION: That the Mayor and Common Council receive and file the status
report.
Water Department
35. Authorization to write off adjustment for approximately $11,450 in refuse,
sewer, storm drain and East Valley Water District final sewer billings for
victims of Old Fire 2003. (See Attached) (Cost to the City - write off
adjustments in the amount of $11,450 [$4,750 - Refuse; $3,800 - Sewer;
and $300 in storm drain services.) Wards 4,5&7
MOTION: That the Mayor and Common Council approve a write off
adjustment approximating $8,850 of combined refuse, sewer, and
storm drain services for the victims of the 2003 Old Fire, as well
as approximately $2,600 in East Valley Water District final sewer
billings.
END OF STAFF REPORTS
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COMMUNITY DEVELOPMENT COMMISSION
AND
SAN BERNARDINO CITY HOUSING AUTHORITY
Recommended for approval by Redevelopment Committee on November 20,
2003 - Committee Members Present: Anderson, Suarez and Estrada
R36. Appropriation of Low/Mod Housing Funds from the Redevelopment Agency to
the San Bernardino City Housing Authority. (See Attached) (Cost to the
Agency - $150,000 from the Low/Moderate Income Housing Fund.)
(Community Development Commission)
MOTION #1: That the Community Development Commission of the City of
San Bernardino appropriate $150,000 from the Redevelopment
Agency Low/Mod Housing Funds to the San Bernardino City
Housing Authority for acquisition and administrative costs.
(San Bernardino City Housing Authority)
MOTION #2: That the San Bernardino City Housing Authority ("Authority")
accept the $150,000 Low/Mod Housing Fund appropriation from
the Redevelopment Agency for acquisition and administrative
costs.
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.)
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, December 15, 2003, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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12/01/2003
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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