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HomeMy WebLinkAbout04-21-2008 Reg. Agenda ~" Mayor Patrick J. Morris CITY OF SAN BERNARDINO council Members: 3~~ N. "D „Street Esther Estrada Dennis J. Baxter San Bernardino, CA 92418 Tobin Bunker WebSlte: WWW.Sl7Clly.Org Neil Derry • p Chas Kelley San Bernardino Rikke Van Johnson sM Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 21, 2008 - 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 I5-17. ) 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. 1 04/21 /2008 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 - existing litigation - pursuant to Government Code Section 54956.9(a): Cora Constructors, Inc. v. City of San Bernardino Municipal Water Department -San Bernardino Superior Court Case No. CIVSS 803484; Omnipoint Communications, Inc. dba T-Mobile v. City of San Bernardino, et al. -United States District Court Case No. CV 08-01881 GAF (OPx); City of San Bernardino; and the Redevelopment Agency of the City of San Bernardino, California v. LNR San Bernardino, LLC, et al. -San Bernardino Superior Court Case No. CIVSS 700793; Lester Kulikoff v. City of San Bernardino -Workers' Compensation Case Number pending. 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. 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: Employee Contract: Code Compliance Director 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. (Item Continued on Next Page) 2 04/21 /2008 1. Continued. F. Conference with labor negotiator -pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization(s): General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association G. Conference with real property negotiator -pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area (Downtown Acquisition Program 1. Property Address: 696 W. 5`~ Street APNs: 0134-061-21, 22, 25 and 30 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and Christopher Cheng- Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju Ko, as property owners/sellers Under Negotiation: Purchase price, terms and conditions Central City South Redevelopment Project Area 2. Property Address: 1355 S. "E" Street Negotiating Parties: Jerry and Ann Atkinson, Trustees of the Atkinson Family Trust on behalf of Center Chevrolet, and Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency Under Negotiation: Purchase price, terms and conditions (Item Continued on Next Page) 3 04/21 /2008 1. Continued. Central City Redevelopment Project Area 3. Property Address: Northwest corner of 4`~ and "G" Streets APNs: 0134-093-19, 20 and 43, and 0134- 093-45 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and TELACU Housing - San Bernardino V, as buyer Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 4 04/21 /2008 RECONVENE MEETING - 3:00 P.M. PRESENT: ABSENT: 2. Appointments. 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 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 23 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 and Community Development Commission, be waived. 6. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 2, 2008, from Barbara Pachon, Director of Finance, be approved. 5 04/21 /2008 7. Personnel Actions. MOTION: That the personnel actions, as submitted by the Interim Chief Examiner, dated April 16, 2008 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 Attorney 8. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a professional services agreement between Arias & Lockwood and the City of San Bernardino to represent the City in the case of Dennis Jackson et al. v. City of San Bernardino, et al., Superior Court County of San Bernardino Case No. CIVSS 800797. (See Attached) MOTION: That said resolution be adopted. 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a professional services agreement between Arias & Lockwood and the City of San Bernardino to represent the City in the case of Garrett Warren v. City of San Bernardino, et al., United States District Court Case No. EDCV 08-0072 UAP (OPx) . (See Attached) MOTION: That said resolution be adopted. LAID OVER FROM APRIL 7, 2008 10. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing administrative civil penalties for violations of the Municipal Code. FINAL READING (Backup material was distributed on April 7, 2008, Item No. 50.) MOTION: That said ordinance be adopted. Development Services 11. Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-sale Beer & Wine) for a Fresh & Easy grocery store located at 1631 East Highland Avenue. (See Attached) (No Cost to City.) Ward 2 (Item Continued on Next Page) 6 04/21 /2008 11. Continued. MOTION: That the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC License (Off-sale Beer & Wine) for a Fresh & Easy grocery story located at 1631 East Highland Avenue. 12. Authorization to establish temporary angled public parking on "H" Street between College Drive and Huff Street. (See Attached) (No Cost to City.) Ward 3 MOTION: That the Mayor and Common Council authorize the temporary establishment of diagonal parking on "H" Street between College Drive and Huff Street. 13. Item Deleted. 14. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a lease agreement between the City of San Bernardino and Ed and Joyce Seidner and James W . Redfern 2002 Family Trust, for property located at 225 W. Orange Show Lane, in San Bernardino. (See Attached) (Cost to City - $63,408 plus utilities from Fire Department Impact Fee Fund.) Ward 3 MOTION: That the Director of Finance be authorized to amend the FY 2007/08 budget by appropriating $20,000 from Fire Development Impact Fee Funds to Account No. 262-482-5502 per the Staff Report dated April 10, 2008, from Valerie Ross, Director of Development Services; and that said resolution be adopted. 15. Item Deleted. 16. Resolutions for Amendment No. 1 to Professional Services Agreement with Transtech Engineers Inc. and Amendment No. 1 to the three-year Capital Improvement Program for FY 2007-2010. (See Attached) (Cost to City - $227,155 from 1/z Cent Sales & Road Tax.) Ward 1 (Item Continued on Next Page) 7 04/21 /2008 16. Continued. A. Resolution of the City of San Bernardino approving Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. for planning, architecture and engineering services to prepare the Santa Fe Depot District Area Plan. B. Resolution of the City of San Bernardino approving Amendment No. 1 to three-year Capital Improvement Program for FY 2007-2010 for Measure "I" local expenditures. MOTION: That the Director of Finance be authorized to amend the FY 2007-2008 Capital Improvements Budget by transferring $227,200 from Account No. 129-367-5504- 7202, (SS-B Construct Accessibility Improvements at various locations) to Account No. 129-367-5504-7178, (San Bernardino Santa Fe Depot Historic Renovation and Restoration Project), in the amount of $162,200 and to Account No. 129-367-5504-7349, (Santa Fe Depot Area Planning Project), in the amount of $65,000; and that said resolutions A&B, be adopted. Human Resources 17. Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A Resolution...establishing abasic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino." (See Attached) (No Cost to City.) MOTION: That said resolution be adopted. 18. Item Deleted. Parks, Recreation & Community Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to the Vender Service Agreement with Creative Contractors, and authorizing the Director of Finance to increase Purchase Order No. 301929 in the amount of $19, 690, pursuant to Municipal Code Section 3.04.010 B-3, for concrete work to be performed in conjunction with the installation of picnic shelters at Tom Minor Park and Colony Park. (See Attached) (Cost to the City - $11,390 from the AB 1600 Parkland Fund.) Wards 3 & 5 (Item Continued on Next Page) 8 04/21 /2008 19. Continued. MOTION: That the Director of Finance be authorized to amend the FY 2007-08 budget by transferring $4,900 from Account No. 243- 363-5504-7752 to Account No. 243-363-5504-7756; and that said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Vendor Service Agreements to Ewing in San Bernardino, California, and to Hydroscape in San Bernardino, California, and authorizing the Director of Finance to increase Purchase Order No. 208185 issued to Ewing from $24,500 to $39,500, and to increase Purchase Order No. 208188 to Hydroscape from $24,000 to $39,000 for irrigation parts and supplies. (See Attached) (Cost to City - $30,000 from General Fund.) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $30,000 from Account No. 001- 381-5502 (Professional & Contractual) to Account No. 001-382- 5111 (Materials & Supplies); and that said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Vendor Service Agreement to ICI Paints in San Bernardino, California, and the Director of Finance to increase Purchase Order No. 208189 issued to ICI Paints from $23,550 to $33,550 for paint supplies to be utilized by the Parks, Recreation and Community Services Department. (See Attached) (Cost to City - $10,000 from the General Fund.) All Wards MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and issuance of a purchase order in the amount of $58,578.00 to Morrison Hope Roofing, Inc. for the purchase and installation of metal roofs on three picnic shelters located at Wildwood, Hudson and Lytle Creek Parks, and five restrooms located at Blair, Perris Hill, Littlefield, Encanto and Horine Parks. (See Attached) (Cost to City - $67,500 from Park Construction Fund.) Wards 1, 2, 3, 5, & 7 MOTION: That said resolution be adopted. 9 04/21 /2008 Police 23. Resolution of the City of San Bernardino authorizing the execution of a services agreement and issuance of a purchase order to update the Police Department's Filenet Document Imaging System from Avrio Corporation, of El Segundo, California. (See Attached) (Cost to City - $39,000 from COPS Technology Grant Fund.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Committee Meeting of April 1, 2008 -Committee Members Present: McCammack, Baxter, & Brinker Fire 24. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the 2008 Assistance to Firefighters Grant Program on- line application to the Department of Homeland Security in the amount of $699,330. (See Attached) (No Cost to the City.) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to Contract 07-481 A-1 with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the amount of $11,051 to replace kitchen equipment at the Fifth Street Senior Center and the Perris Hill Senior Center. (See Attached) (Cost to City - $11,051 from the Senior Nutrition Program Grant Funds.) Wards 1&2 MOTION: That said resolution be adopted. Police 26. Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcoholic Beverage Control Grant Funds in accordance with the Grant Expenditure Plan. (See Attached) (No Cost to City.) All Wards MOTION: That said resolution be adopted. 10 04/21/2008 Recommended for approval at the Ways and Means Committee Meeting of April 9, 2008 -Committee Members Present: McCammack, Derry, & Johnson Development Services 27. Approval of preliminary design and location and authorization to release a Request for Proposals for preparation of plans and specifications for the Verdemont Community Center. (See Attached) (No Cost to City.) MOTION: That the Mayor and Common Council approve preliminary design and location of the proposed Verdemont Community Center; and that staff be authorized to release a Request for Proposals for detailed plans and specifications (construction drawings) for the Verdemont Community Center. Recommended for approval at the Ways and Means Committee Meeting of Apri19, 2008 -Committee Members Present: McCammack & Johnson 28. Fee waiver/refund for Norton Space & Aeronautics Academy for the establishment of a charter school at the Mill Center, located at 503 E. Central Avenue. (See Attached) (No cost to the City.) Ward 1 MOTION: That the Mayor and Common Council approve the refund and waiver of development processing, permit and inspection, and development impact fees in the amount of $10,492 (refund) and $34,773 (waiver) for the establishment of Norton Space and Aeronautics Academy and direct staff to return on June 2, 2008 with a reimbursement agreement. Fire 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a proposal to provide emergency dispatch services to the City of Rancho Cucamonga. (See Attached) (No Cost to City.)All Wards MOTION: That said resolution be adopted. Mayor's Office 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Historical and Pioneer Society for funding assistance related to the establishment of the San Bernardino Railroad Museum. (See Attached) (Cost to the City - $34,200 from Cultural Development Fee Fund.) Ward 1 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 budget as indicated in the staff report dated April 2, 2008, from D'Ann Lanning, Mayor's Office. 11 04/21/2008 CONTINUED FROM APRIL 7, 2008 Recommended for approval at the Ways and Means Committee Meeting of April 9, 2008 -Committee Members Present: McCammack, Derry & Johnson 31. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and increase to contract Purchase Order #08-070, with three single year renewal options, to Applied LNG Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of LNG fuel. (New Staff Report Attached) (Backup material was distributed on April 7, 2008, Item No. 39.) (Cost to City - $150,100 from the Fleet Services Fund.) All Wards MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Manager 32. Public hearing -Resolution establishing certain fees for services furnished by the City of San Bernardino, amending Resolution No. 96-188 and repealing Resolution No. 2006-325. (See Attached) Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, amending Resolution Nos. 89-471, 97- 148 and 96-188, and repealing Resolution No. 2006-325. (Resolution not available at time of printing.) Ordinance of the City of San Bernardino amending Section 5.04.015 of the San Bernardino Municipal Code by adding Subsection E relating to Business Registration Certificate Application processing fees. FIRST READING (Ordinance not available at time of printing.) Mayor to open the hearing . MOTION: That the hearing be closed; that said resolution be adopted and that said ordinance be laid over for final adoption. 12 04/21/2008 CONTINUED FROM APRIL 7, 2008 TO BE HEARD AT 4:00 P.M. Police 33. Public hearing -formalization of a Red Light Camera Photo Enforcement System Policy and expansion of the existing Traffic Signal Violation System. (New Staff Report Attached) (Backup material was distributed on April 7, 2008, Item No. 45.) (No Cost to City.) All Wards Resolution of the City of San Bernardino formalizing a Red Light Camera Photo Enforcement System Policy and authorizing an amendment to the Lease and Services Agreement with Nestor Traffic Systems, Inc., to expand the existing Traffic Signal Violation System. (Resolution not available at time of printing.) Mayor to open the hearing . MOTION: That the hearing be closed; that said resolution be adopted; that the Mayor and Common Council authorize the addition of the following positions in the Traffic Bureau (Account No. 001-217) for FY 2008/09: one (1) Police Officer ($79,274 - 6 mos.) and one (1) Community Service Officer Supervisor ($37,662 - 6 mos.); that the Director of Human Resources be directed to update Resolution No. 97-244 (position control) as part of adopting the FY 2008/09 General Fund budget to reflect this particular action; and that the Finance Director be authorized to adjust the FY 2008/09 court fines revenues budget as needed. END OF PUBLIC HEARINGS CONTINUED ITEMS CONTINUED FROM APRIL 7, 2008 Development Services 34. Resolution of the Mayor and Common Council making certain Findings and Determinations pursuant to Government Code Section 65402 with regard to General Plan Conformity for a proposed elementary school site (Wilson II Elementary School). (New Staff Report Attached) (No cost to the City.) (Backup material was distributed on April 7, 2008, Item No. 53.) Ward 7 MOTION: That said resolution be adopted. 13 04/21/2008 LAID OVER FROM APRIL 7, 2008 Fire 35. An Ordinance of the City of San Bernardino adding Chapter 8.61, repealing Section 8.60.140, and amending Section 8.60.150 of the San Bernardino Municipal Code regarding fireworks. FINAL READING (Backup material was distributed on April 7, 2008, Item No. 49.) MOTION: That said ordinance be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 36. Ordinance amending San Bernardino Municipal Code Chapter 9.92 regarding the Administrative Citation Process. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That the matter be continued to May 5, 2008. City Manager 37. Report from the Measure Z Oversight Committee on Uses of Measure Z Funds - April 1, 2007 -June 30, 2007. (See Attached) MOTION: That the report from the Measure Z Oversight Committee on use of Measure Z funds from April 1, 2007 through June 30, 2007, be received and filed. END OF STAFF REPORTS 14 04/21/2008 COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee on March 20, 2008 -Committee Members Present: Estrada & Baxter TO BE HEARD AT 4:30 P.M. R38. Public hearing - recommended allocations of 2008-2009 Community Development Block Grant, Emergency Shelter, and HOME Federal Grant Program Funds. (See Attached) All Wards Resolution of the Mayor and Common Council of the City of San Bernardino: (1) approving the 2008-2009 Community Development Block Grant (CDBG) appropriations in Attachment I as recommended by the Community Development Citizen Advisory Committee; (2) approving the 2008-2009 HOME and Emergency Shelter Grant (ESG) appropriations noted in Attachments III and IV; (3) approving the 2007-2008 CDBG reallocation of Program Income Funds; and (4) authorizing the Mayor to execute and submit to HUD such documents as requested by HUD and that the City Manager be authorized to take all necessary actions for the execution of any contracts and/or ancillary documents to effectuate these recommendations. Mayor to open the hearing.. . MOTION: That said resolution be adopted. R39. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the 2006 Professional Services Agreement by and between the Agency and California Property Specialists, Inc. (IVDA Redevelopment Project). (See Attached) MOTION: That said resolution be adopted R40. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Purchase Option Agreement by and between the Agency and TELACU Housing -San Bernardino V, Inc., a California non profit public benefit corporation ("Developer") (Central City North Redevelopment Project Area). (See Attached) Ward 1 MOTION: That said resolution be adopted 15 04/21/2008 R41. Submission of aTransit-Oriented Development ("TOD") Loan Application to the State of California Department of Housing and Community Development for Property Acquisition - 555 North "E" Street (Central City North Redevelopment Project Area). (See Attached) Ward 1 MOTION: That the Community Development Commission of the City of San Bernardino ratify the submission of an application to the State of California, Department of Housing and Community Development in the amount of $800,000 for the purchase of the property located at 555 North "E" Street for sbX Corridor Project. R42. Item Deleted. R43. Consent and approval of the 2008 Real Property Acquisition Agreement for disposition of property at 247 West 3rd Street to the State of California (Central City East Redevelopment Project Area). Ward 1 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of property located at 247 West 3rd Street, San Bernardino (APN: 0135-221-22) to the State of California pursuant to the 2008 Real Property Acquisition Agreement (Central City East Redevelopment Project Area). (Resolution not available at time of printing.) (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 Real Property Acquisition Agreement by and between the Agency and the State of California (Central City East Redevelopment Project Area). (Resolution not available at time of printing.) MOTION: That said resolutions A&B, be adopted. 16 04/21/2008 R44. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Loan Guarantee Agreement to Arrowhead Credit Union and to accept the Loan Guarantee from Center Chevrolet and its principals to the Agency (Central City South Redevelopment Project Area). (Document and Resolution not available at time of printing.) Ward 3 MOTION: That the matter be continued to May 5, 2008. END OF COMMUNITY DEVELOPMENT COMMISSION 45. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: Athree-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.) 46. 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, May 5, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 17 04/21/2008 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 04/21/2008