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HomeMy WebLinkAbout07-05-2005 Reg. Agenda CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kellev 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, JULY 5,2005 - 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 12.) CALL TO ORDER. PRESENT ABSENT PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-mmute InmtatlOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. No member of the publIc shall be pefIllltted to "share" ills/her three mmutes wIth any other member of the publIc CLOSED SESSION I Pursuant to Government Code SectlOn(s) 1 07/05/2005 MOTION: That the Mayor and Common CouncIl and Commumty Development COIllIll1SSlOn recess to closed seSSlOn for the followmg A Conference wIth legal counsel - eXIstmg lItIgatlOn - pursuant to Government Code SectlOn 54956 9(a) Mohammed FawzI Hassan, et al v CIty of San Bernardmo, et al - Umted States DIstnct Court Case No EDCV 05-328 (V AP) SGLx, Abdullah, et al v CIty of San Bernardmo and San Bernardmo Valley MumCIpal Water DIstnct - San Bernardmo Supenor Court Case No SCVSS 126706, Adams v CIty of San Bernardmo and San Bernardmo Valley MumCIpal Water DIstnct - San Bernardmo Supenor Court Case No SCVSS 126708 B Conference wIth legal counsel - antIcIpated lItlgatlOn - sIgmficant exposure to lItlgatlOn - pursuant to subdIvIslOn (b) (1), (2), (3) (A-F) of Government Code SectlOn 54956 9 C Conference wIth legal counsel - antIcIpated lItlgatlOn - ImtIatlOn of lItlgatlOn - pursuant to subdIvIslOn (c) of Government Code SectlOn 54956 9 City of San Bernardino v. Joe Ivan Espinoza City of San Bernardino v. Gregory Alan Goodwin, Jr. D Closed SesslOn - personnel - pursuant to Government Code SectlOn 54957 E Closed seSSlOn wIth Cillef of PolIce on matters posmg a threat to the secunty of publIc bUIldmgs or threat to the publIc's nght of access to publIc servIces or publIc facIlItIes - pursuant to Government Code SectlOn 54957 F Conference wIth labor negotiator - pursuant to Government Code SectlOn 54957 6 N egotIatof" Fred Wilson, CIty AdmmIstrator (Item Continued on Next Page) 2 07/05/2005 I Contmued. Employee OrgamzatlOn. San Bernardmo ConfidentIal Management ASSOCIatlOn and UnclassIfied Employees N egotIatof" Linn LIvmgston, DIrector of Human Resources Employee OrgamzatlOn. San Bernardmo CIty ProfesslOnal Firefighters G Conference wIth real property negotiator - pursuant to Government Code SectlOn 54956 8 1 Property Negotiating Parties Under Negotiation. 2 Property Negotiating Parties Under Negotiation. 24 7 West Third Street 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 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 Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, 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 Central City North Redevelopment Project Area 3 Property Negotiating Parties 745 W 5th Street APN 0134-093-05 and APN 0134-093-06 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Patrick A 3 07/05/2005 I Contmued. 4 5 Abitante Trust, property owner(s) (Item Continued on Next Page) Under Negotiation. Property Negotiating Parties Under Negotiation. Property Negotiating Parties Under Negotiation. Purchase price, terms, and conditions Vacant Land APN 0134-054-24 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Fook Sung Investment Co Ltd, property owner(s) Purchase price, terms, and conditions 740 W 4th Street APN 0134-093-43 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Penhun Ltd /Expo Ltd , property owner(s) Purchase price, terms, and conditions END OF CLOSED SESSION 4 07/05/2005 RECONVENE MEETING - 3:00 P.M. PRESENT ABSENT INVOCATION PLEDGE 2 Appomtments A CIVIl ServIce Board - Margaret HIll - Mayor Valles (See Attached) MOTION: That the appomtment of Margaret HIll to the CIvil ServIce Board, as requested by Mayor Valles, be approved. 3 PresentatlOns 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 motlOns mdIcated by consent calendar Items 5 through 20, be adopted except for _, _, _, _, and _ 5 WaIve full readmg of resolutlOns and ordmances MOTION: That full readmg of the resolutlOns and ordmances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn, be waIved. 6 CouncIl Mmutes MOTION: That the mmutes of the followmg meetmg of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn of the 5 07/05/2005 CIty of San Bernardmo be approved as subrmtted m typewntten form. June 6, 2005 (Distributed on 6/28/05) 7 ClaIms and Payroll. (See Attached) MOTION: That the claIms and payroll and the authonzatlOn to Issue warrants as lIsted on the memorandum dated June 28,2005, from Barbara Pachon, DIrector of Finance, be approved. 8 Personnel ActlOns (See Attached) MOTION: That the personnel actlOns, as subrmtted by the Cillef EXaIlliner, dated June 28, 2005 m accordance wIth CIVIl ServIce rules and Personnel polIcIes adopted by the Mayor and Common CouncIl of the CIty of San Bernardmo, be approved and ratIfied. City Administrator 9 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor to execute a Master ServIces Memorandum of Understandmg wIth the Water Department for provIslOn of CIty servIces for Fiscal Year 200512006 (Document and ResolutlOn not aVaIlable at tune of pnntmg) (Reimbursement will be made to various City funds.) MOTION: That saId resolutlOn be adopted. City Attorney 10 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardmo approvmg the destructlOn of certaIn records no longer reqUIred to be maIntaIned by the San Bernardmo CIty Attorney's Office (See Attached) (No cost to the City.) MOTION: That saId resolutlOn be adopted. City Clerk II RevIew and take actlOn regardmg the need for contmumg m effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code SectlOn 8630 (c)( I) MOTION: That the Mayor and Common CouncIl confirm the need for contmumg ill effect the local emergency caused by the Old Waterman Canyon Fire 6 07/05/2005 12 Item Deleted. Development Services LAID OVER FROM JUNE 20, 2005 13 An Ordillance of the CIty of San Bernardillo modIfYillg Chapter 1906 (CommercIal DIstncts), SectlOn 19 06 030 (2) (G) (4) of the San Bernardillo MumCIpal Code (Development Code) related to 10catlOnal reqUIrements for servIce statlOns WIth ancIllary convemence stores FINAL READING (Backup material distributed on JWle 20,2005, Item No. 50.) MOTION: That saId ordillance be adopted. LAID OVER FROM JUNE 20, 2005 14 An Ordillance of the City of San Bernardillo amendillg Chapter 1922 (SIgn RegulatlOns) to add SectlOn 19 22 080(7) related to off-sIte electromc message center sIgns FINAL READING (Backup material distributed on JWle 20, 2005, Item No. 51.) MOTION: That saId ordillance be adopted. 15 ResolutlOn of the CIty of San Bernardillo amendillg ResolutlOn No 655 entItled, ill part, "A ResolutlOn. desIgnatillg certaIn streets, or portIons thereof as through illghways "and establIsillng a four-way stop at the illtersectlOn of Little League Dnve and Belmont Avenue (See Attached) (Cost to the City -- $1,000 from the General Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That saId resolutlOn be adopted. 16 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardillo authonzillg executlOn of a ReImbursement Agreement wIth the CIty of RiversIde for street Improvements to Waterman A venue (Document and Resolution not available at time of printing.) MOTION: That saId resolutlOn be adopted. Human Resources 17 ResolutlOn of the CIty of San Bernardillo approvillg a SIde Letter to ResolutlOn No 2001-94, establIsillng a compensatlOn and benefits plan for the Management, ConfidentIal and UnclassIfied Employees, amendillg SectlOn 2 I - PERS and addillg a new sectlOn to SectlOn 2, X- HolIdays for PolIce Safety Management employees (See Attached) (Cost to the City -- $56,660 from 7 07/05/2005 various Police Salary/Benefits accounts.) (Resolution not available at time of printing.) (Item Continued on Next Page) 17 Contillued. MOTION: That saId resolutlOn be adopted, and that the DIrector of Finance be authonzed to amend the FY 2005-06 budget and transfer funds from Account No 001-092-5011 to varlOUS PolIce DIvIslOn salary /benefit accounts Mayor's Office 18 ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardillo authonzillg the Mayor to execute a grant agreement wIth the County of San Bernardillo concermng the use of IndIan Gmng SpecIal DIstributlOn funds for the San Bernardillo PolIce Department. (See Attached) (Resolution not available at time of printing.) MOTION: That saId resolutlOn be adopted, and that the DIrector of Finance be authonzed to amend the FY 2005-06 budget for the PolIce Department by illcreasillg the revenue budget ill Account No 001-213-501115029 by $698,800 and ill Account No 001-213- 5111 by $1,200 and illcreasillg the expendIture budget ill Account No 001-213-501115029 by $698,800 for SIX (6) polIce officers (P-l's), one (1) polIce sergeant (P-3), and illcreasillg the expendIture budget ill Account No 001-213-5111 by $1,200 for grant reqUIred sIgns Police 19 ResolutlOn of the CIty of San Bernardillo ratIfYillg the subrmttal of a grant applIcatlOn and authonzillg the PolIce Department to adrmmster the FY 2005 Juvemle AccountabIlIty Block Grant (JAB G) funds ill accordance wIth the Grant ExpendIture Plan. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That saId resolutlOn be adopted. Water Department 20 A ResolutlOn of the Mayor and Common CouncIl of the CIty of San Bernardillo, successor to the South San Bernardillo County Water DIstnct, assessillg propertIes wItmn the prevlOus DIstnct boundarIes ill the amount of $16,587 50 for the Fiscal Year 200512006 (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 8 07/05/2005 MOTION: That saId resolutlOn be adopted. END OF CONSENT CALENDAR 9 07/05/2005 PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. 21 Oral bIds and award of bId - sale of CIty Water Department property located at the southeast corner of Mac Kay Dnve and "D" Street. (See Attached) (No cost to the City. ) Ward 3 Mayor to open the hearing . . . MOTION #1: That the hearillg acceptillg oral bIds for the sale of CIty Water Department property, as per BId SpecIficatlOn No 15 05-241, be closed, and MOTION #2: That the bId amount of $160,000 (One Hundred SIxty Thousand Dollars) be awarded to Mapco/DavId E MlynarskI, (APN 0141-311-21), or MOTION #3: That the oral bId amount of $ be awarded to for tills parcel (APN 0141-311-21) TO BE HEARD AT 4:00 P.M. 22 Oral bIds and award of bId - sale of CIty Water Department Property located at the northeast corner of Pille & Belmont Avenues & southeast corner of Oillo & Pille Avenues (See Attached) (No cost to the City.) Ward 5 Mayor to open the hearing . . . MOTION #1: That the hearillg acceptillg oral bIds for the sale of CIty and Water Department property, as per BId SpecIficatlOn No 15 05-242, be closed, and MOTION #2: That the bId amount of $1,000,000 (One MIllIon Dollars) be awarded to J R. Watson & Associates Development Company for parcels I and 2, (APN 0261-101-15, 16 & 17), or MOTION #3: That the oral bId amount of $ be awarded to for parcels I and 2 (APN 0261-101-15, 16 & 17) 10 07/05/2005 TO BE HEARD AT 4:00 P.M. 23 PublIc hearillg - resolutlOn ordenng vacatlOn - proposed vacatlOn of the east/west street lYillg between "D" Street and Stoddard Avenue (See Attached) (Cost to the City -- $1,200 from the General FWld.) Ward 7 ResolutlOn of the CIty of San Bernardillo ordenng the vacatlOn of the east/west street lYillg between "D" Street and Stoddard Avenue (Plan No 11416A) (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearillg be closed, that the Findillgs of Fact, as set forth ill the staff report dated June 14, 2005, from James Funk, DIrector of Development ServIces, as to why portIons of the east/west street lYillg between "D" Street and Stoddard Avenue, IS no longer necessary for publIc street purposes, be adopted, and that saId resolutlOn be adopted. TO BE HEARD AT 4:00 P.M. 24 PublIc hearillg - resolutlOn ordenng vacatlOn - proposed vacatlOn of portIons of 19th Street, McKillley Street and varlOUS alleys south of 20th Street, east of GuthrIe Street. (See Attached) (No cost to the City -- $1,200 fee paid by applicant.) Ward 7 ResolutlOn of the CIty of San Bernardillo ordenng the vacatlOn of portIons of 19th Street, McKillley Street and varlOUS alleys south of 20th Street, east of GuthrIe Street (Plan No 11409) (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearillg be closed, that the Findillgs of Fact as set forth ill the staff report dated June 14, 2005, from James Funk, DIrector of Development ServIces, as to why portIons of 19th Street, McKillley Street and varlOUS alleys south of 20th Street, east of GuthrIe Street, are no longer necessary for publIc street purposes, be adopted, and that saId resolutlOn be adopted. TO BE HEARD AT 4:00 P.M. CONTINUED FROM JUNE 20, 2005 25 Appeal hearillg regardillg the tefIlllnatlOn of the Tow ServIces Agreement between the CIty of San Bernardillo and Wilson TOWillg (Backup material distributed on JWle 20,2005, Item No. 41.) 11 07/05/2005 (Item Continued on Next Page) 25 Contillued. The hearing remains open . . . MOTION #1: That the hearillg be closed, and that the Mayor and Common CouncIl uphold the tefIlllnatlOn by the PolIce Department, based upon the back-up illformatlOn subrmtted and any addItlOnal eVIdence presented at the hearillg, and dIrect the CIty Attorney to prepare findillgs and concluslOns, or MOTION #2: That the hearillg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIslOn of the PolIce Department, or MOTION #3: That the hearillg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant, ill part, based upon the back-up illformatlOn subrmtted and any addItlOnal eVIdence presented at the hearillg, and dIrect the CIty Attorney's Office to prepare findillgs and concluslOns consIstent WIth ItS decIslOn. TO BE HEARD AT 4:00 P.M. CONTINUED FROM JUNE 20, 2005 26 Appeal hearillg regardillg the tefIlllnatlOn of the Tow ServIces Agreement between the CIty of San Bernardillo and BIg Z TOWillg Company (Backup material distributed on June 20, 2005, Item No. 42.) The hearing remains open . . . MOTION #1: That the hearillg be closed, and that the Mayor and Common CouncIl uphold the tefIlllnatlOn by the PolIce Department, based upon the back-up illformatlOn subrmtted and any addItlOnal eVIdence presented at the hearillg, and dIrect the CIty Attorney to prepare findillgs and concluslOns, or MOTION #2: That the hearillg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant and reverse the decIslOn of the PolIce Department, or MOTION #3: That the hearillg be closed, and that the Mayor and Common CouncIl uphold the appeal of the applIcant, ill part, based upon the back-up illformatlOn subrmtted and any addItlOnal eVIdence presented at the hearillg and illrect the CIty Attorney's Office to prepare findillgs and concluslOns consIstent WIth ItS decIslOn. 12 07/05/2005 END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM JUNE 23, 2005 27 Set a workshop for the CapItal Improvement Program (CIP) - to reVIew the Five Year CapItal Improvement Program - Fiscal Years 200512006- 200912010 (Item was continued from June 23,2005, Item No.1, no backup material was available.) (Document not available at time of printing.) MOTION: That a CIP Workshop be set for Monday, July 18, 2005 at 5 00 P m. ill the Econormc Development Agency Boardroom to reVIew the Five Year CapItal Improvement Program for Fiscal Years 200512006-2009120 I 0 END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee on June 21, 2005 - Committee Members present: Lon~ville and Johnson R28 ResolutlOn of the Commumty Development COIllIll1SSlOn of the CIty of San Bernardillo approvillg and authonzillg the ExecutIve DIrector of the Redevelopment Agency of the CIty of San Bernardillo ("Agency") (1) to execute the Redevelopment Project Study and Redevelopment AssIstance Agreement wIth Street-Manchester, LLC ("Developer"), (2) to ImtIate a General Plan Amendment changillg the land use from CR-l to CR-2 wItmn the Central CIty Projects Redevelopment Project Area to accommodate redevelopment of the sIte known as the Carousel Mall (Document and Resolution not available at time of printing.) Ward 1 MOTION: That saId resolutlOn be adopted. END OF CONTINUED ITEMS 13 07/05/2005 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING TUESDAY, JULY 5,2005 - 6:00 P.M. PRESENT ABSENT PLANNING ITEMS TO BE HEARD AT 6:00 P.M. 29 Appeal of Planmng COIllIll1SSlOn CondItlOns of Approval for CondItlOnal Use PefIlllt (CUP) No 04-33 regardillg use restnctlOns (See Attached) Ward 3 ApplIcant/ Appellant. All Yasill 22975 Orangewood Ct. Grand Terrace, CA 92313 Request/LocatlOn. The appellant IS appealillg the Planmng COIllIll1SSlOn' S CondItlOns of Approval for CondItlOnal Use PefIlllt (CUP) No 04-33 regardillg use restnctlOns CUP No 04-33 was approved to construct a 7,500 square foot retaIl ShOppillg center CondItlOn of Approval No 22 prohibItS those land uses that were already prohibIted on an illtenm basIs by Ordillance No MC-1188 The appellant's argument IS that the condItlOn IS redundant and should not be applIed due to the eXIstence of the Urgency Ordillance No MC-1188 The proJect sIte IS located on the northwest corner of MIll Street and Rancho Avenue Mayor to open the hearing . . . MOTION: That the hearillg be closed, that the Mayor and Common Council deny the appeal and uphold the Planmng COIllIll1SSlOn'S approval of CondItlOnal Use PefIlllt No 04-33, based upon the Findillgs of Fact contaIned ill the Planmng COIllIll1SSlOn staff report (dated Apnl 19, 2005), subJect to the ConmtlOns of Approval (as adopted) and Standard ReqUIrements 14 07/05/2005 TO BE HEARD AT 6:00 P.M. 30 Appeal of Planmng COIllIll1SSlOn demal of a request to subdIvIde 0 55 acre illtO two lots (See Attached) (No cost to the City.) Ward 4 Owner/ApplIcant. SanJeet NIJJar 4900 Santa Amta Avenue, #2C El Monte, CA 91731 Appellant. J esse Corral 2286 N Leroy Street, Ste 8 San Bernardillo, CA 92404 Request/LocatlOn. The appellant IS appealillg the Planmng COIllIll1SSlOn' S demal of TentatIve Parcel Map No 16880, a request to subdIvIde 0 55-acre illtO two lots wIth lot SIzes of 11,790 square feet and 12,400 square feet. The subdIvIslOn applIcatlOn dId not illclude a proposal to construct houses The property IS a vacant parcel located at the northwest corner of Yucca and Camellia Dnves ill the RS, ResIdentIal Suburban land use dIstnct. Mayor to open the hearing . . . MOTION #1: That the hearillg be closed, and that the Mayor and Common CouncIl deny the appeal and uphold the Planmng COIllIll1SSlOn'S demal of TentatIve Parcel Map No 16880, based upon the Apnl 13, 2005 memorandum to the Planmng COIllIll1SSlOn, or MOTION #2: That the hearillg be closed, and that the Mayor and Common CouncIl uphold the appeal and approve TentatIve Parcel Map No 16880, based upon the Findillgs of Fact contaIned ill the Apnl 5, 2005 staff report to the Planmng COIllIll1SSlOn, subJect to the CondItlOns of Approval and Standard ReqUIrements 31 Set a JOillt workshop of the Mayor and Common CouncIl and Planmng COIllIll1SSlOn related to the General Plan Update Program. (Document not available at time of printing.) MOTION: That the Mayor and Common CouncIl set a JOillt workshop wIth the Planmng COIllIll1SSlOn for Monday, July 25, 2005, at 3 00 p m., ill the Econormc Development Agency Boardroom, to dISCUSS the General Plan Update Program. 15 07/05/2005 END OF PLANNING ITEMS 32 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute lIrmtatlOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn on a matter not on the agenda. No member of the publIc shall be pefIllltted to "share" ills/her three rmnutes wIth any other member of the publIc (Usually any Items heard under tills headillg are referred to staff for further study, research, completlOn and/or future CouncillCoIllIll1SSlOn actlOn.) 33 AdJournment. MOTION: That the meetillg be adJourned. NOTE: The next JOillt regular meetillg of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn IS scheduled for 1:30 p.m., Monday, July 18, 2005, ill the CouncIl Chambers of CIty Hall, 300 North "D" Street, San Bernardillo, CalIforma. 16 07/05/2005 NOTICE: Any member of the publIc may address tills meetillg of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn on any Item appearillg on the agenda by approacillng the rmcrophone ill the CouncIl Chambers when the Item about willch the member desIres to speak IS called and by askillg to be recogmzed. Any member of the publIc deslflng to speak to the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn concermng any matter not on the agenda but willch IS wItmn the subJect matter JunsdIctlOn of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn, may address the body at the end of the meetillg, dunng the penod reserved for publIc comments SaId total penod for publIc comments shall not exceed forty-five (45) rmnutes, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. A three rmnute lIrmtatlOn shall apply to each member of the publIc, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. No member of the publIc shall be pefIllltted to "share" ills/her three rmnutes wIth any other member of the publIc The Mayor and Common CouncIlICommumty Development COIllIll1SSlOn may refer any Item raIsed by the publIc to staff, or to any COIllIll1SSlOn, board, bureau, or COIllIll1ttee for appropnate actlOn or have the Item placed on the next agenda of the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn. However, no other actlOn shall be taken nor dIscusslOn held by the Mayor and Common CouncIlICommumty Development COIllIll1SSlOn on any Item willch does not appear on the agenda unless the actlOn IS otherwIse authonzed ill accordance wIth the provIslOns of subdIvIslOn (b) of SectlOn 54954 2 of the Government Code PublIc comments wIll not be receIved on any Item on the agenda when a publIc hearillg has been conducted and closed. 17 07/05/2005