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HomeMy WebLinkAbout10-03-2005 Reg. Agenda Mayor Judith Valles Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. “D” Street Susan Longville Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 3, 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 pages 11 & 12.) 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 10/03/2005 1 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel – existing litigation – pursuant to Government Code Section 54956.9(a). Rialto Housing Authority v. Virgil Hughes, et al. – San Bernardino Superior Court Case No. SCVSS 128201; Rialto Housing Authority v. Larry James, et al. – San Bernardino Superior Court Case No. SCVSS 128191; Rialto Housing Authority v. Yvonne McCabe, et al. – San Bernardino Superior Court Case No. SCVSS 128161; Rialto Housing Authority v. John White, et al. – San Bernardino Superior Court Case No. 128155; Rialto Housing Authority v. Sonia Zelaya, et al. – San Bernardino Superior Court Case No. 128175; In Re: Bankruptcy of Adelphia Communications Corporation – United States Bankruptcy Court, Southern District of New York Case No. 02- 41724; Melissa Malcolm v. Robert Taylor, et al. – San Bernardino Superior Court Case No. SCVSS 123431; Lakia Singleton v. City of San Bernardino, Gerald Beall – San Bernardino Superior Court Case No. SCVSS 126289; David Sanborn v. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 078410 – consolidated with SCVSS 084862 & SCVSS 091020; Mark Emoto vs. City of San Bernardino, et al. – San Bernardino Superior Court Case No. SCVSS 119904. 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. 10/03/2005 2 C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session – personnel – pursuant to Government Code Section 54957. 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. G.Conference with real property negotiator – pursuant to Government Code Section 54956.8: 1. Property: 247 West 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. Markets. James F. Penman on behalf of the City of San Bernardino Under Negotiation: Terms and conditions 10/03/2005 3 3. Property: Joint Use Multipurpose Room/Gymnasium at the Cesar Chavez Middle School, 6650 Magnolia Court, San Bernardino, California Negotiating Parties: Marianne Milligan, City Attorney’s Office and Teri Baker, City Administrator’s Office for the City of San Bernardino, licensee, Wael Elatar, Facilities Administrator, San Bernardino City Unified School District, as property owner Under Negotiation: Terms and conditions 4. Property: Community Facilities: Delman Heights Community Center 2669 N. Flores Street Fifth Street Senior Center 600 W. Fifth Street Lytle Creek Community Center 380 S. “E” Street Mill Community Center 503 S. “E” Street Nicholson Community Center 2750 W. Second Street st Perris Hill Park Senior Park 780 E. 21 Street Ruben Campos Community Center 1717 W. Fifth Street Rudy Hernandez Community Center 222 N. Lugo Norton/Galaxy Ballroom 1494 Art Townsend Drive Negotiating Parties: Marianne Milligan, City Attorney’s Office and Lemuel P. Randolph, Director Parks, Recreation and Community Services Department, for property owner; Gregory Humpal, Contract Analyst, San Bernardino City Unified School District 5. Property: Vacant land APN 0155-101-48 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as owner/seller and Denise Dee Whisler, as buyer. Under Negotiation: Purchase price, terms and conditions 6. Property:APN 0261-111-21, 23, 25, 29, 30, 33, 35 and 40; 0261-121-01, 02, 03, 13 and 14; 0261- 451-01 through 48; and 0261-461-01 through ? 66 N/S Frontage Road, 1,000 feet w/o North Little League Drive Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as 10/03/2005 4 owner/seller and Century Crowell Communities, LP, as buyer Under Negotiation: Purchase price, terms, and conditions END OF CLOSED SESSION RECONVENE MEETING – 3:00 P.M. 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 21, 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, and San Bernardino City Housing Authority, be waived. 6. Council Minutes. MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission/San 10/03/2005 5 Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: July 18, 2005 (Distributed on 9/26/05) August 15, 2005 (Distributed on 9/26/05) September 6, 2005 (Distributed on 9/26/05) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 19, 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 September 27, 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 Administrator 9. Set a workshop of the Mayor and Common Council for Monday, October 17, th 2005 at 5:00 p.m. in the MIC Room, 6 Floor City Hall, to discuss and take possible action concerning issuance of Pension Obligation Bonds. (See Attached) (No cost to the City for this action.) MOTION: That the Mayor and Common Council set a workshop for th Monday, October 17, 2005, at 5:00 p.m. in the MIC Room, 6 Floor of City Hall to discuss and take possible action concerning issuance of Pension Obligation Bonds. City Attorney 10. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney’s Office. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 10/03/2005 6 City Clerk 11. 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). MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire Development Services 12. Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Downstream Services, Inc. for cleaning sewer siphons at various locations in the City of San Bernardino (SW-D 2005/2006), per Project Plan No. 11340B. (See Attached) (Cost to the City -- $240,000 from the Sewer Line Maintenance Fund.) (Resolution not available at time of printing.) Wards 1,3&7 MOTION: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2005/06 Budget by transferring $131,615 from Sewer Line Maintenance Fund balance to Account No. 132-431-5502-7475 “SW-D Sewer Siphon Flushing at Various Locations” and transferring $23,385 from Unallocated Sewer Line Maintenance Fund balance to Account No. 132-431- 5505-7567 “SW06-03 “South “E” Street Sewer Siphon Cleaning; and 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, Inc., for street improvements on Third Street at the Historic Santa Fe Depot – Phase 1 (SS04-34), per Project Plan No. 11300. (See Attached) (Cost to the City -- $560,000 from the AB2928 Fund, the Gas Tax Fund, and the ½ Sales and Road Tax Fund.) (Resolution not available at time of printing.) Ward 1 MOTION: That the Mayor and Common Council authorize the Director of Finance to amend the FY 2004/05 budget by a) transferring $88,062 from Account No. 126-369-5504-7345 “SS04-35 rd Miscellaneous Economic Development Projects on 3 Street” to a rdnd new Account No. 126-369-5504-7319 “SS04-34 3 Street & 2 Street Improvements & Improvements at Entrance to Depot”; and b) transferring $74,500 from Account No. 129-367-5504-7202 “SS-B Construct Accessibility Improvements at Various Locations” to a new Account No. 129-367-5504-7319 “SS04-34 rdnd 3 Street & 2 Street Improvements & Improvements at Entrance to Depot; and that said resolution be adopted. 10/03/2005 7 14. Authorize the Director of Development Services to execute Change Order No. Two to Contract with Guzman Construction Company for storm drain improvements in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09) and to install Palm Avenue Catch Basin, per Plan No. 10311, and authorization for the Director of Finance to amend the FY 05/06 Budget. (See Attached) (Cost to the City -- $15,000 from the Storm Drain Construction Fund.) Ward 3 14. Continued. MOTION #1: That the Director of Finance be authorized to amend the FY 2005/2006 budget by transferring $15,000 from Account No. 248-368-5504-7316 “SD04-08 State Street Storm Drain” to Account No. 248-368-5504-7255 “Storm Drain in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09).”; and MOTION #2: That the Director of Development Services be authorized to execute Change Order No. Two in the amount of $14,398.39 to contract with Guzman Construction Company for storm drain improvements in Rialto Avenue from Rancho Avenue to Pennsylvania Avenue (SD04-09) and to install Palm Avenue Catch Basin, per Plan No. 10311. 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 14604 located at the northeast corner of Ohio and Magnolia Avenues with KB Home Greater Los Angeles Inc., with time of performance specified, and authorizing release of Richard L. Elder and Kevin R. Elder from terms of Standard Form of Agreement for Subdivision Tract No. 14604 as approved by Resolution No. 2003-129, dated June 16, 2003. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 16. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a Landscape Maintenance Assessment District located in the Irvington Avenue and Chestnut Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No 1039; preliminarily approving the Engineer’s Report and giving notice of a public 10/03/2005 8 meeting and public hearing. (See Attached) (No cost to the City -- $4,000 processing fee paid by applicant.) (Resolution not available at time of printing.) Ward 5 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Irvington Avenue and Chestnut Avenue area (Tract No. 16443), to be known as Assessment District No. 1039; and that said resolution be adopted. 17. Set adjourned regular meeting for Monday, October 24, 2005, at 5:00 p.m. in the Council Chambers for adoption of the General Plan Update and associated Specific Plans. (See Attached) (No cost to the City.) MOTION: That the Mayor and Common Council set an adjourned regular meeting for Monday, October 24, 2005 at 5:00 p.m. in the Council Chambers of City Hall for adoption of the General Plan Update and associated Specific Plans. Human Resources 18. Resolution of the City of San Bernardino adopting an updated Non- Discrimination/Workplace Harassment Policy for said City and repealing Resolution No. 95-154. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. City Attorney 19. Resolution of the City of San Bernardino amending Resolution No. 655 entitled in part, “A Resolution ... designating certain streets, or portions thereof as through highways …” and establishing a four-way stop at the intersection of Valencia Avenue and Parkdale Drive. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Telecommunications 10/03/2005 9 20. Resolution of the Mayor and Common Council of the City of San Bernardino denying the assignment of a Cable Television Franchise by Adelphia Cablevision of Inland Empire, LLC to Time Warner NY Cable LLC, an indirect subsidiary of Time Warner Cable Inc. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino denying the transfer of control of the Cable Television Franchise from Adelphia Communications Corporation to Comcast Cable Holdings, LLC thereby denying the assignment of the Cable Television Franchise by Comcast Cable Holdings, LLC to CAC Exchange I, LLC; and thereby denying a transfer of control of CAC Exchange I, LLC from Comcast Corporation to Time Warner Cable Inc. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee meeting on September 13, 2005 – Members present: McCammack and Estrada 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to apply for and administer the FY 2005 Fire Prevention and Safety Grant submitted to the Department of Homeland Security Federal Emergency Management Agency. (See Attached) (No City match required – Grant funding in the amount of $85,000.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Ways and Means Committee meeting on September 21, 2005 – Members present: Derry and Estrada 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino Police Department to enter into a lease 10/03/2005 10 agreement with “World Plaza L.L.C.” to pay $1,571.50 per month for the San Bernardino Police Department Eastern District Command office space at 1535 E. Highland Ave., Suite C, San Bernardino. (See Attached) (Back up material distributed on September 6, 2005, Item No. 30.) Ward 7 MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT CONTINUED ITEMS Development Services CONTINUED FROM SEPTEMBER 19, 2005 24. Resolution of the City of San Bernardino setting a public hearing relative to the formation of Underground Utility District No. 32, generally located along portions of Victoria Avenue. (Backup material distributed on August 1, 2005, Item No. 21; item was continued to September 19, 2005, Item No. 20.) Ward 4 MOTION: That the Director of Development Services and the City Clerk be authorized to proceed with the formation of Underground Utility District No. 32, along portions of Victoria Avenue, north of Highland, pursuant to San Bernardino Municipal Code Section 13.36; and that said resolution be adopted. END OF CONTINUED ITEMS 5:00 p.m. 25. Presentation on Taste of Downtown. COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM SEPTEMBER 19, 2005 R26. Property Owner Participation Agreement (OPA) – Meadowbrook Park Revitalization Area and Resolution rescinding Resolution No. SBHA 2005-03, Resolution of Public Interest and Necessity of Acquisition of Real Property located at the northwest corner of Allen Street and Rialto Avenue, San 10/03/2005 11 Bernardino, California. (Backup material distributed on September 19, 2005, Item No. R24.) Ward 1 (Community Development Commission) 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 2005 Property Owner Participation Agreement by and between the Redevelopment Agency of the City of San Bernardino and Bonnie S. Johnson (“Owner”) for the development of three (3) single family homes on the property located on the northwest corner of Allen Street and Rialto Avenue (APN: 0135-292-39) (“Property”) (Meadowbrook Park Revitalization Area). R26. Continued. (San Bernardino City Housing Authority) B. Resolution of the San Bernardino City Housing Authority making certain Findings with respect to the use of certain Property for residential development in the Meadowbrook Park Revitalization Area and rescinding Housing Authority Resolution No. SBHA 2005-03 adopted June 20, 2005 related to the land located at the northwest corner of Allen Street and Rialto Avenue, San Bernardino, California, APN 0135-129-39 (“Property”). MOTION: That said resolutions A and B, be adopted. CONTINUED FROM SEPTEMBER 6, 2005 R27. 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 2005 HOME Grant Agreement by and between the Agency and Ramona th Senior Complex, Inc., a non-profit corporation – 1519 West 8 Street. (Backup was distributed on August 15, 2005, Item No. R34; and item was continued to September 6, 2005, Item No. R46.) Ward 1 MOTION: That the matter be tabled. Recommended for approval at the Redevelopment Committee on September 20, 2005 – Members present: Estrada and Longville 10/03/2005 12 R28. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute a Professional Services Agreement between Shober Consulting, Inc. and the Redevelopment Agency of the City of San Bernardino for Relocation Plan and Relocation Services (Central City North – Downtown Acquisitions.) (Document and Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION ITEMS 10/03/2005 13 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, OCTOBER 3, 2005 – 6:00 P.M. PRESENT: ___________________________________________ ABSENT: ___________________________________________ PLANNING ITEMS TO BE HEARD AT 6:00 P.M. 29. Appeal hearing – Planning Commission’s approval of Conditional Use Permit No. 04-30 to construct a multi-tenant commercial center at the northwest corner th of Mt. Vernon Avenue and 11 Street in the CG-2, Commercial General land use district. (See Attached) (No cost to the City.) Ward 6 Owner: K & H Properties 28120 Peacock Ridge Road, #612 Rancho Palos Verdes, CA 90275 Applicant: Dirck Kim 3807 Wilshire Boulevard, #800 Los Angeles, CA 90010 Appellant: Robert Hampton NWPAC 2557 Pennsylvania Avenue San Bernardino, CA 92411 Request/Location: The appellant is appealing the Planning Commission approval of Conditional Use Permit (CUP) No. 04-30, an application to construct a multi-tenant commercial center located at the northwest corner of th Mt. Vernon Avenue and 11 Street in the CG-2, Commercial General land use district. Mayor to open the hearing . . . 10/03/2005 14 (Item Continued on Next Page) 29. Continued. MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit No. 04-30 based upon Findings of Fact contained in the Planning Commission Staff Report dated June 21, 2005, subject to the Conditions of Approval and Standard Requirements. TO BE HEARD AT 6:00 P.M. 30. Appeal hearing – Conditional Use Permit No. 05-07 (Appeal No. 05-16) - Appeal of Planning Commission’s denial of a request to establish retail sales of motorized scooters in an existing multi-tenant center located at 1680 S. Camino Real. (See Attached) (No cost to the City.) Ward 3 Owner: Inland Auto Investors III 1700 Adams Avenue, Suite 102 Costa Mesa, CA 92626 Applicant: Steve Buss 1680 S. Camino Real San Bernardino, CA 92408 Request/Location: The applicant filed a Conditional Use Permit (CUP) application to establish retail sales of motorized scooters at the existing “Jet-Ski – Rent Me” business. The business currently leases and sells jet skis, accessories, and motorized scooters. However, the California Department of Motor Vehicles (DMV) now requires scooter dealers to have a valid dealer’s license, which necessitated approval from the City before the DMV would issue a license. The project site is located at 1680 S. Camino Real in the CG-1, Commercial General land use district. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission’s denial of Conditional Use Permit No. 05-07. TO BE HEARD AT 6:00 P.M. 31. Appeal hearing – Tentative Parcel Map No. 17231 (Appeal No. 05-17) - Appeal of Planning Commission’s Conditions of Approval and Standard Requirements – 10/03/2005 15 project site is located on the east side of Waterman Avenue, south of Orange Show Road. (See Attached) (No cost to the City.) Ward 1 31. Continued. Applicant: Voit Development Co. James Camp 26 Corporate Plaza, Suite 260 Newport Beach, CA 92660 Owner: Edward A. Ismand & Beverly J. Hornal c/o Gresham, Savage, Nolan & Tilden 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408 Request/Location: The applicant filed a tentative parcel map application to subdivide the existing 41-acre property into two lots. The site is situated on the east side of Waterman Avenue, south of Orange Show Road. The tentative parcel map had proposed subdividing the property along the railroad right-of- way, which already divides the site physically. The site is currently in the Meadowbrook Dairy. Mayor to open the hearing . . . MOTION #1: That the hearing be closed; MOTION #2: That the Mayor and Common Council clarify Conditions of Approval Nos. 5 and 7 and Public Works Standard Requirements Nos. 4c through 4f as proposed, to state that the specified conditions apply at the time of property development; and MOTION #3: That the Mayor and Common Council deny the appeal of Public Works Standard Requirement No. 2a and uphold the Planning Commission’s condition requiring the undergrounding of utilities along both sides of Waterman Avenue according to Development Code Section 19.30.110. 32. Item deleted. END OF PLANNING ITEMS 10/03/2005 16 33. 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.) 34. 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, October 17, 2005, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 10/03/2005 17 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. 10/03/2005 18