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HomeMy WebLinkAbout01-24-2005 Reg. Agenda CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcitv.or~ Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT ADJOURNED REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 24,2005 - 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 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): 1 01/24/2005 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): Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 V AP (SGLx); Marshall v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-00272 V AP (SGLx); 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; Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et al. - United States District Court Case No. EDCV 02-142 RT (SGLx); People of the State of California, et al. v. Manta Management Corporation, et al. - San Bernardino County Superior Court Case No. SVCSS 117285; People of the State of California v. Manta Management Corporation, et al. - San Bernardino Superior Court Case No. SCV 18157; Michelle P. Arroyo v. City of San Bernardino, et al. - United States District Court Case No. CV 02-8967 ABC (SHSx) & San Bernardino Superior Court Case No. SCVSS 100619. 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: Claim of Gary Quiel Claim of Paul Krahl C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 2 01/24/2005 D. Closed Session - personnel - pursuant to Government Code Section 54957. I. 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: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: General Unit Middle Management Fire Safety Employees G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: 247 W. Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Property: 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 Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive Negotiating Parties: 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. 3 01/24/2005 1. Continued. Under Negotiation: Uptown Project Area 3. Property: Markets. James F. Penman on behalf of the City of San Bernardino Terms and conditions APN 0145-242-32, 0145-242-33 Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) San Bernardino City Unified School District (" District") Central City North Redevelopment Project Area Owner/Seller: Buyer: 4. Property # 7: Negotiating Parties: Under Negotiation: 5. Property # 8: Negotiating Parties: Under Negotiation: 6. Property # 9: Negotiating Parties: Under Negotiation: 7. Property # 11: 796 West 5th Street, San Bernardino APN 0134-054-25 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and William R. Bland, property owner(s) Purchase price, terms, and conditions 795 West 5th Street, San Bernardino APN 0134-093-41 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Tien Lee International Limited Corp., property owner(s) Purchase price, terms, and conditions 755 West 5th Street, San Bernardino APN 0134-093-40 Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Patel B. and Premila B. Dashrath, property owner(s) Purchase price, terms, and conditions 745 West 5th Street, San Bernardino APN 0134-093-05 4 01/24/2005 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Patrick A. Abitante Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions (Item Continued on Next Page) I. Continued. 8. Property # 13: 575 West 5th Street, San Bernardino APN 0134-093-07 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and International Capital Investment, Inc., property owner(s) Under Negotiation: Purchase price, terms, and conditions 9. Property # 14: 701 West 5th Street, San Bernardino APN 0134-093-08 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Faas LIP Family Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions 10. Property # 15: Vacant Land APN 0134-054-24 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Fook Sung Investment Co. Ltd., property owner(s) Under Negotiation: Purchase price, terms, and conditions II. Property # 16: 696 West 5th Street, San Bernardino APN 0134-061-30 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Christopher C. and Henry C. Ko, property owner(s) Under Negotiation: Purchase price, terms, and conditions 12. Property # 17: 795 West 5th Street, San Bernardino APN 0134-061-22 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Christopher 5 01/24/2005 1. Continued. Under Negotiation: C. and Henry C. Ko, property owner(s) Purchase price, terms, and conditions (Item Continued on Next Page) 13. Property # 18: Negotiating Parties: Under Negotiation: 14. Property # 19: Negotiating Parties: Under Negotiation: 15. Property # 23: Negotiating Parties: Under Negotiation: 16. Property # 57: Negotiating Parties: Under Negotiation: 495 North "G" Street, San Bernardino APN 0134-101-28 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Dae W. and Jeong I. Hong, property owner(s) Purchase price, terms, and conditions Vacant Land APN 0134-093-10 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Par lock Holdings, LLC, property owner(s) Purchase price, terms, and conditions 708 West 4th Street, San Bernardino APN 0134-093-45 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Chiyo Lapham, property owner(s) Purchase price, terms, and conditions Vacant Land APN 0134-101-04,0134-101-05, 0134-101-06 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Charles H. and Sarah M. Garner Trust, property owner(s) Purchase price, terms, and conditions END OF CLOSED SESSION 6 01/24/2005 RECONVENE MEETING - 3:00 P.M. PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Board of Building Commissioners - Manfred F. Gildner - Council Member Derry (See Attached) B. Board of Police Commissioners - Felix D' Amico - Council Member Derry (See Attached) C. Community Television Commission - Ron Collins - Council Member Kelley. (See Attached) MOTION: That the Mayor and Common Council approve the appointments of Manfred F. Gildner to the Board of Building Commissioners, Felix D'Amico to the Board of Police Commissioners, and Ron Collins to the Community Television Commission, as requested by Council Members Derry and Kelley. 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 nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. 7 01/24/2005 CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 17 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. 6. Council Minutes (See Attached) MOTION: That the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 6, 2005 (Distributed on 1/19/2005) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated January 18, 2005, 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 January 19, 2005 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 Clerk 9. 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). MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the old Waterman Canyon Fire. 8 01/24/2005 CATV 10. Resolution of the Mayor and Common Council of the City of San Bernardino granting an extension of the Cable Franchises with Adelphia Communications, Charter Communications, and Mountain Shadows Cable. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Human Resources 11. Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A Resolution ... establishing a basic compensation plan for Officers and/or Employees of the Police and Fire Departments of the City of San Bernardino." (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 12. 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. (See Attached) (Cost to the City - - $88,450 in FY 2004/05) (Resolution not available at time of printing.) MOTION: That said resolution be adopted; that the Director of Finance be authorized to transfer $88,450 from General Government Non- Department fund to departments with Mid-Management general fund employees; and that the Director of Finance be authorized to amend non-general fund budgets. 13. Resolution of the City of San Bernardino amending Resolution No. 6413, Section Eleven, entitled in part, "A Resolution . . . establishing a basic compensation plan ..."; by codifying prior Council actions (Middle-Management Unit). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 9 01/24/2005 Mayor's Office 14. Approve recommendations of the Fine Arts Commission. (See Attached) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Canto Bello Master Chorale for the promotion of arts and culture. (Cost to the City -- $5,887.50 from the General Fund.) (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Inland Dance Theatres, Inc. for the promotion of arts and culture. (Cost to the City -- $15,887.50 from the General Fund.) (Resolution not available at time of printing.) C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Inland Empire Symphonic Choir for the promotion of arts and culture. (Cost to the City -- $4,687.50 from the General Fund.) (Resolution not available at time of printing.) D. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Junior University of San Bernardino, Inc. for the promotion of arts and culture. (Cost to the City -- $8,687.50 from the General Fund.) (Resolution not available at time of printing.) E. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Prime Time Choraliers for the promotion of arts and culture. (Cost to the City -- $3,087.50 from the General Fund.) (Resolution not available at time of printing.) F. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. (Cost to the City -- $12,687.50 from the General Fund.) (Resolution not available at time of printing.) G. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Sinfonia Mexicana for the promotion of arts and culture. (Cost to the City -- 10 01/24/2005 $60,687.50 from the General Fund.) (Resolution not available at time of printing.) 14. Continued. H. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Sturges Family Playhouse & Academy for the promotion of arts and culture. (Cost to the City -- $21,887.50 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolutions A-H, be adopted. Parks, Recreation and Community Services 15. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order in the amount of $93,096.25 to Coast Recreation, Inc. for the purchase and installation of one (1) gazebo at Meadowbrook Park and four (4) picnic shelters: (1) at Meadowbrook Park; (1) at Littlefield/Shultis Park; and (2) at Anne Shirrells Park. (See Attached) (Cost to the City -- $93,096.25 from the Park Construction Fund.) Wards 1,6&7 MOTION: That said resolution be adopted. 16. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order in the amount of $44,650.00 to Inland Acoustics, Inc. for the purchase and installation of three metal roofs: two (2) metal roofs on restrooms located at Anne Shirrells Park and Speicher Park and one (I) metal roof on picnic shelter located a Nicholson Park. (See Attached) (Cost to the City -- $44,650 from the Park Construction Fund.) Wards 6&7 MOTION: That said resolution be adopted. Water 17. A Resolution of the Mayor and Common Council of the City of San Bernardino accepting a Grant Deed from Edward C. Adams for property located at APN s 0148-022-02; 0148-022-03; 0148-022-05; 0268-232-02; 0268-232-03; 0268- 232-12, located adjacent to the Water Department's Scott Labs Reservoir property, and commonly known as 2782 Cajon Boulevard, San Bernardino, California and dedicating the property for Water Department use. (See Attached) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. 11 01/24/2005 END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee Meetin~ on January 4, 2005 - Committee Members present: McCammack, Lon~ville and Estrada Animal Control 18. Resolution of 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 Meacham Foundation for the Animal Shelter's Cat Building renovation project. (See Attached) (No cost to the City -- $4,000 in grant revenue.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Committee Meetin~ on January 4, 2005 - Committee Members present: McCammack, Lon~ville and Estrada Fire 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to submit the 2006 Grant Application to the State of California Business, Transportation and Housing Agency, Office of Traffic Safety (OTS) in the amount of $78,500. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Grants Committee Meetin~ on January 4, 2005 - Committee Members present: McCammack, Lon~ville and Estrada Parks, Recreation and Community Services 20. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a $7,500 grant application to the GoGirlGo! Grant Program and authorizing the Director of Parks, Recreation and Community Services to administer the grant for the period of April I, 2005 through April I, 2006. (See Attached) (Resolution not available at time of printing.) Ward 6 12 01/24/2005 MOTION: That said resolution be adopted. Recommended for approval at the Grants Committee Meetin~ on January 18, 2005 - Committee Members present: McCammack, Estrada and Lon~ville Police 21. Resolution of the City of San Bernardino authorizing the Police Department to apply for a California Office of Traffic Safety Enhancement to San Bernardino Traffic Enforcement Program II (Step-II) grant and, if awarded, authorizing the expenditure of funds in accordance with the Grant Expenditure Plan. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 22. Resolution of the City of San Bernardino authorizing the Police Department to apply for an Indian Gaming Local Community Benefit Grant in the amount of $936,060, and authorizing the expenditure of said grant funds for designated law enforcement purposes. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Ways and Means Committee Meetin~ on January 12, 2005 - Committee Members present: McCammack, Estrada and Derry City Administrator's Office 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the City of San Bernardino and the San Bernardino Black Culture Foundation for financial assistance from the Civic and Promotion fund for FY 2004/05. (See Attached) (Cost to the City -- $18,050 [$4,500 in-direct funding from the General Fund and $13,550 in indirect funding from various funds].) (Resolution not available at time of printing.) Ward 1 MOTION: That the Mayor and Common Council approve direct funding in the amount of $4,500; that indirect funding in the amount of $13,550 be transferred from the 2004/05 Civic and Promotion fund to various City departmental accounts as listed in the staff 13 01/24/2005 report dated December 10, 2004, from Fred Wilson, City Administrator; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2005 Black History Parade scheduled for February 5, 2005; and that said resolution be adopted. Recommended for approval at the Ways and Means Committee Meetin~ on January 12, 2005 - Committee Members present: McCammack, Estrada and Derry City Administrator's Office 24. Discuss and take possible action on the VLF Gap Loan Financing Program. (See Attached) MOTION: That the City's partIcIpation in the California Statewide Communities Development Authority Vehicle License Fee Gap Loan Financing Program be approved in concept, and that staff be directed to bring back the necessary documents for final approval at the February 7, 2005 Council Meeting. END OF COMMITTEE CONSENT PUBLIC HEARINGS Development Services TO BE HEARD AT 4:00 P.M. 25. Public meeting - formation of a landscape maintenance assessment district in the Belmont Avenue and Magnolia Avenue area (AD 1037 - Tract No. 13630). (See Attached) Ward 5 Mayor to open the public meeting . . . MOTION: That the public meeting be closed; and protests and ballots, if any, be carried over to the public hearing on February 7, 2005, at 4:00 p.m. TO BE HEARD AT 4:00 P.M. 26. Public meeting - formation of a landscape maintenance assessment district in the Orange Show Road and Arrowhead Avenue area (AD 1038 - Parcel Map No. 16222). (See Attached) Ward 5 Mayor to open the public meeting . . . 14 01/24/2005 MOTION: That the public meeting be closed; and protests and ballots, if any, be carried over to the public hearing on February 7, 2005, at 4:00 p.m. END OF PUBLIC HEARINGS CONTINUED ITEMS Human Resources CONTINUED FROM OCTOBER 18, 2004 27. 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 participating members. (No backup material was distributed on July 6, 2004, Item No. 28; item was continued to July 19, 2004, Item No. 37; item was continued to August 2, 2004, Item No. 22; continued to August 16, 2004, Item No. 33; continued to September 20, 2004, Item No. 36; and item was continued to October 18, 2004, No. 22.) MOTION: That the matter be tabled. END OF CONTINUED ITEMS STAFF REPORTS City Administrator 28. Resolution of the Mayor and Common Council of the City of San Bernardino confirming the existence of a local emergency and ratifying the Mayor's issuance of a proclamation declaring the existence of a local emergency. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 29. Resolution of the City of San Bernardino amending Resolution No. 2005-2, entitled in part to read "Resolution ... preliminarily determining that the public convenience and necessity require the formation of a maintenance assessment district located in the Northpark Boulevard and Campus Parkway Area... to be known as Assessment District No. 1036 ..." and changing the public meeting 15 01/24/2005 date from February 21, 2005 to February 22, 2005. (Resolution not available at time of printing.) (See Attached) Ward 5 MOTION: That said resolution be adopted. 30. Workshop - 5:30 p.m. - MIC Room - presentation by Chuck Bader of Strategic Education Services regarding state legislative issues. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee on September 7, 2004 - Committee Members Present: Estrada, Lon~ville, and McGinnis TO BE HEARD AT 5:00 P.M. CONTINUED FROM JANUARY 10, 2005 R31. Joint public hearing - Disposition and Development Agreement with the Redevelopment Agency of the City of San Bernardino and Senior Housing Advocate Corporation (194 E. II th Street - Affordable Housing Project.) (Item continued from January 10, 2005, Item No. R24; however, no backup material was distributed on January 10, 2005.) Mayor to open the hearing . . . A. A Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 Affordable Single Family Housing Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Senior Housing Advocate Corporation - (194 E. 11th Street - Affordable Housing Project in the IVDA Redevelopment Project Area). (Resolution not available at time of printing.) B. A Resolution of the Community Development Commission of the City of San Bernardino approving the 2005 Affordable Single Family Housing Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Senior Housing Advocate Corporation - (194 E. 11th Street - Affordable Housing Project in the IVDA Redevelopment Project Area). (Resolution not available at time of printing.) 16 01/24/2005 MOTION: That said resolutions, A and B, be adopted. 32. 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.) 33. 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, February 7, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 01/24/2005 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. 18 01/24/2005