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HomeMy WebLinkAbout09-02-2008 Reg. Agenda Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. ?D? Street Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker 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 OF THE CITY OF SAN BERNARDINO TUESDAY, SEPTEMBER 2, 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 page 15.) Any writings or documents provided to a majority of the City Council/Commission regarding any item on the agenda will be made available for public inspection at the nd City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during normal business hours. In addition, such writings and documents will be posted on the City?s website at www.sbcity.org. CALL TO ORDER: ___________________________________________ PRESENT: ___________________________________________ ABSENT: ___________________________________________ 09/02/2008 1 PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to ?share? his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel ? existing litigation ? pursuant to Government Code Section 54956.9(a): Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (Opx); San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. CIVSS 807685; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 708367; Barbara Enriquez v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 709187; San Bernardino City Firefighter Michael Koster v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 811048. 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: Inland Communities Corp. v. City of San Bernardino (Paradise Hills); Baude v. James Penman, Fred Wilson and City of San Bernardino; Two (2) cases 09/02/2008 2 1. Continued. C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University People v. Jane Does 1 & 2 D. Closed Session ? personnel ? pursuant to Government Code Section 54957: Interim City Manager Director of Code Enforcement 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 Address: 1208 North ?H? Street, San Bernardino Negotiating Parties: Don Gee, Deputy Director of the Redevelopment Agency of the City of San Bernardino, on behalf of the City of San Bernardino, and Keith Williams on behalf of Caltrans Under Negotiation: Purchase price, terms and conditions for acquisition by Caltrans Central City South Redevelopment Project Area 2. Property Address: 225 Orange Show Lane, San Bernardino 09/02/2008 3 1. Continued. Negotiating Parties: Don Gee, Deputy Director of the Redevelopment Agency of the City of San Bernardino, on behalf of the City of San Bernardino, and Ed and Joyce Seidner and James W. Redfern 2002 Family Trust, as owners of said property Under Negotiation: Purchase price, terms and conditions for acquisition by the City of San Bernardino END OF CLOSED SESSION 09/02/2008 4 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 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 30 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. Council Minutes. MOTION: That the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: July 16, 2008 (Distributed 8/19/08) July 21, 2008 (Distributed 8/26/08) August 4, 2008 (Distributed 8/26/08) August 6, 2008 (Distributed 8/26/08) 09/02/2008 5 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 27, 2008 from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions, as submitted by the Interim Chief Examiner, dated August 27, 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 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 for legal services in the case of Zakyia Watson, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSS 807970. (See Attached) MOTION: That said resolution be adopted. City Clerk 10. Designation of Voting Delegate for the League of California Cities Annual Conference to be held September 24?27, 2008 in Long Beach, California. (See Attached) MOTION: That Council Member Derry be designated as the City of San Bernardino?s voting delegate for the League of California Cities Annual Conference to be held September 24-27, 2008 in Long Beach, California. 09/02/2008 6 City Manager 11. Resolution of the Mayor and Common Council authorizing the City Manager to execute a Master Services Agreement of the City of San Bernardino by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2008/2009. (See Attached) (No Cost to the City - $153,530 in revenue) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino to ratify the City Manager?s execution of Amendment 1 to the existing License and Indemnification Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA (See Attached) (No Cost to the City) Ward 1 MOTION: That said resolution be adopted. Code Enforcement 13. Resolution of the City of San Bernardino authorizing the execution of two (2) agreements and issuance of purchase orders with three (3) one-year extensions at the City?s option to Larry Jacinto Farming and Scott Tractor Service relating to discing and mowing of vacant properties for weed abatement services. (See Attached) (Cost to the City - $130,000 from General Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Development Services 14. Deferral of Regional Circulation Development Impact Fee. (See Attached) (No Cost to the City) All Wards MOTION: That the Mayor and Common Council defer the Regional Circulation System Fee update until SANBAG adopts the updated Development Mitigation Nexus Study. 15. Item deleted. 09/02/2008 7 16. Resolutions approving Project Baseline Agreement No. C09021 with SANBAG and Funding Agreement with the San Bernardino County Transportation Authority for a Grade Separation at Palm Avenue over the BNSF Railroad (CIP Project No. SS04-53). (See Attached) (Cost to the City - $250,000 from the Regional Traffic Circulation Fee Fund) Wards 5 & 6 A. Resolution of the City of San Bernardino approving project Baseline agreement for Palm Avenue/BNSF grade separation with the California Transportation Commission (CTC), the California Department of Transportation (CALTRANS) and the San Bernardino Associated Governments (SANBAG). (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino approving funding agreement for Palm Avenue/BNSF grade separation with the San Bernardino County Transportation Authority. (Resolution not available at time of printing.) MOTION: That said resolutions A and B be adopted; and that the Director of Finance be authorized to amend the FY 2008/09 budget to transfer $250,000 from the Regional Traffic Circulation Fee Fund (264) to CIP Project No. SS04-53 (Account No. 264-183-0000- 7325). 17. Resolution of the Mayor and Common Council of the City of San Bernardino approving the final map for Tract Map No. 16595, located on the west side of Eureka Avenue between Chestnut Avenue and Oak Street in the RS, Residential Suburban Land Use District, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino terminating Landscape Maintenance th Assessment District No. 1065, 48 Street and Little Mountain Drive area, and releasing of liens. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 09/02/2008 8 19. Resolution of the City of San Bernardino establishing right of way boundaries for public right of way purposes for Orange Show Road across City owned property located between the Gage Canal and Tippecanoe Avenue. (See Attached) (No Cost to the City) Ward 3 MOTION: That said resolution be adopted. Fire 20. Authorization for the Fire Chief to proceed with the remodel of Fire Station 224 and approve a budget amendment for the project. (See Attached) (Cost to the City - $116,900 from General Fund) Ward 7 MOTION: That the Fire Chief be authorized to proceed with the remodel of Fire Station 224; and that the Director of Finance be authorized to appropriate $183,100 from the Fire Development Impact Fee Funds in FY 2008/09 to appropriate accounts, in accordance with the staff report dated August 19, 2008 from Michael J. Conrad, Fire Chief. Development Services 21. Resolution of the City of San Bernardino establishing a fair market value and sales price of $1,430,000 and declaring the intention of the City to sell City owned property located at the Northwest corner of Base Line Street and "H" Street to the State of California Department of transportation relative to the widening of the I-215 freeway and setting a public hearing for September 15, 2008 at 4:00 p.m. to consider said sale. (See Attached) (Resolution not available at time of printing.) Ward 2 MOTION: That the Director of Development Services be authorized to proceed with sale of City owned real property located at the northwest corner of Base Line Street and ?H? Street (APN 0145- 221-09); that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 08-09 budget to add $630,000 into revenue account 001-000-4926 and then to increase the General Fund reserve by $630,000. 09/02/2008 9 Mayor?s Office 22. Resolution of the Mayor and Common Council of the City of San Bernardino approving an agreement with the American Institutes for Research (AIR) for the strategic planning and facilitation of the Pre-K Promise planning project, the preschool for all planning effort funded by the David and Lucille Packard Foundation. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 3 to contract 05/06- 747-0056 RD for the Creative Before and After School Program for Success (CAPS) with the San Bernardino City Unified School District for Fiscal Year 2008/09. (See Attached) (No Cost to the City ? Revenue in the amount of $32,431.00) MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 18 to the agreement between the City and Casa Ramona, Inc. relating to the operation of a drop-in th center located at 1524 West 7 Street, San Bernardino, California, to extend the term of the agreement for an additional one year period and ratifying all action taken between July 1, 2008 and the approval of the resolution. (See Attached) (Cost to the City - $50,800 from General Fund) Ward 1 MOTION: That said resolution be adopted. Police 25. Resolution of the Mayor and Common Council of the City of San Bernardino establishing tow carrier franchise fees and amending Resolutions 1999-86 and 2005-286, amending City?s agreements for tow services with six tow carriers and authorizing the execution of amendments to agreements for tow services with six tow carriers.(See Attached)(Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 09/02/2008 10 Public Services 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing Amendment No. 1 to the Vendor Service Agreement with Pavement Recycling Systems Incorporated for cold planning services, labor and equipment rental for City street repairs and authorizing exercise of the second year option and issuance of a Purchase Order in the amount of $460,494. (See Attached) (Cost to the City - $460,494 from Capital Improvement Program Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $138,900 with three (3) one-year extensions at the City?s option between the City of San Bernardino and Tree Elements Incorporated for tree- trimming services throughout the City of San Bernardino. (See Attached) (Cost to the City - $138,900; $100,000 from General Fund and $38,900 from Refuse Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and issuance of a contract purchase order in the amount of $90,730 by exercising its first year option with Smithson Electric Incorporated for loop replacement services, labor, and materials utilized by the Public Services Department. (See Attached) (Cost to the City - $90,730 from Capital Improvement Program Fund) (Resolution not available at time of printing.) Wards 1, 2, 3, 5, 6 & 7 MOTION: That said resolution be adopted. 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order in the amount of $2,523,180 with three (3) one-year extensions at the City?s option between the City of San Bernardino and Matich Corporation for street paving services utilized by the Public Services Department. (See Attached) (Cost to the City - $2,523,180 from Capital Improvement Program Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 30. Item deleted. END OF CONSENT CALENDAR 09/02/2008 11 COMMITTEE CONSENT Recommended for approval at Legislative Review Committee Meeting on August 19, 2008 - Committee Members Present: Kelly, Baxter, Brinker 31. Initiation of a Development Code Amendment related to Single-Price Overstock/Discount Stores. (See Attached) (Cost to the City - $5,000 from General Fund) All Wards MOTION: That Planning staff be directed to initiate an amendment to the Development Code to modify the provisions to allow consideration of single-price overstock/discount stores. END OF COMMITTEE CONSENT CONTINUED ITEMS CONTINUED FROM AUGUST 4, 2008 City Attorney 32. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Municipal Code regarding scrap metal recycling. FIRST READING (No backup material was distributed on June 2, 2008, Item No. 31; item continued to June 16, 2008, Item No. 30; item continued to July 7, 2008, Item No. 38; item continued to August 4, 2008, Item No. 37.) (Staff Report and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. CONTINUED FROM AUGUST 18, 2008 Recommended for approval at Legislative Review Committee Meeting on July 23, 2008 - Committee Members Present: Kelley, Baxter, Brinker City Manager 33. Ordinance of the City of San Bernardino amending Chapter 2.19 of Title 2 of the San Bernardino Municipal Code establishing a Youth Advisory Commission. FIRST READING (New Staff Report Attached) (No Cost to the City) (Backup material distributed on August 18, 2008, Item No. 38.) (Ordinance not available at time of printing.) All Wards MOTION: That said ordinance be laid over for final adoption. 09/02/2008 12 CONTINUED FROM AUGUST 6, 2008 Council Office 34. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Facility Use Agreement by and between the American Sports University and the City of San Bernardino allowing for the University?s use of Meadowbrook Park and the Rudy C. Hernandez Recreation Center. (New Staff Report Attached) (No backup material was distributed on August 4, 2008, Item No. 11; item continued and backup material distributed on August 6, 2008, Item No. NB1.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 18, 2008 35. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement with the patrons of the Roosevelt Bowl for the provision of support services for Market Night at Perris Hill Park, and ratifying any action taken between April 17, 2008 and the date that this resolution is adopted. (See Attached) (Backup material distributed on August 18, 2008, Item No. 10.) Ward 2 MOTION: That the matter be continued to September 15, 2008. CONTINUED FROM AUGUST 18, 2008 Development Services 36. Resolution of the City of San Bernardino authorizing the City Manager to execute agreements for services with Joseph E. Bonadiman & Associates, Inc., Guida Surveying, Inc. and Associated Engineers, Inc. for on-call surveying and map checking support. (See Attached) (Cost to the City - $130,000 from CIP Accounts and Plan Check Trust) (Backup material distributed on August 18, 2008, Item No. 19.) All Wards MOTION: That said resolution be adopted. CONTINUED FROM AUGUST 18, 2008 Finance 37. Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino?s final budget for Fiscal Year 2008-2009 and establishing the City?s appropriation limit as required by Article XXIII B of the California State Constitution. (See Attached) (Backup material distributed on August 18, 2008, Item No. 23.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 09/02/2008 13 CONTINUED FROM AUGUST 18, 2008 Parks, Recreation & Community Services 38. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Use of Facilities Agreement between the City of San Bernardino and California State University, San Bernardino providing for the University?s use of Fiscalini Field (See Attached) (Revenue to the City - $17,500) (Backup material distributed on August 18, 2008, Item No. 26.) Ward 2 MOTION: That the matter be continued to September 15, 2008. END OF CONTINUED ITEMS STAFF REPORTS Council Office 39. Issuing of Subpoenas to City Employees (See Attached). MOTION: Discuss and take action on issuing subpoenas to the following persons to appear before the City Council in Executive Session to answer questions and provide information on the illegal activities at Operation Phoenix and other Parks, Recreation and Community Service Centers: 1) Former Operation Phoenix Director, Glenn Baude; 2) Chief of Police, Mike Billdt; 3) Parks, Recreation and Community Services Director, Kevin Hawkins; 4) Parks, Recreation and Community Center Staff, Curtis Brown; 5) Parks, Recreation and Community Center Supervisor, Glenda Robinson. 40. Reports regarding Operation Phoenix Expenditures (See Attached). MOTION: Review, discuss and take action on matters pertaining to reports from Barbara Pachon, Director of Finance, and Barbara Lindseth, Economic Development Agency Director of Administrative Services, regarding all expenditures and checks written directly, or indirectly, in support of Operation Phoenix. END OF STAFF REPORTS 09/02/2008 14 COMMUNITY DEVELOPMENT COMMISSION R41. Recommended for approval at the Redevelopment Committee Meeting on August 7, 2008 ? Committee Members Present: Estrada and Johnson 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 1) an Assignment of the 1996 Multi-Plex Theater Lease from CinemaStar Luxury Theaters, Inc., to Maya Cinemas and 2) an Amendment No. 3 to the Multi-Plex Theater Lease (Central City North Redevelopment Project Area). (See Attached) Ward 1 MOTION: That the matter be continued to September 15, 2008. Recommended for approval at the Redevelopment Committee Meeting on July 24, 2008 ? Committee Members Present: Estrada, Baxter and McCammack as an alternate for Johnson R42. 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 an Agreement for Professional Services by and between the Agency and Vanir Construction Management, Inc., for engineering, design, and construction management services for a fire suppression system at the California Theatre of the Performing Arts (Central City North Redevelopment Project area). (See Attached) Ward 1 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING CONTINUED FROM AUGUST 4, 2008 TO BE HEARD AT 4:30 P.M. 43. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08-02) - An appeal of the Planning Commission Denial of CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane. (No Cost to the City) (Backup materials distributed on July 21, 2008, Item No. 39; item continued to August 4, 2008, Item No. 43.) (Item Continued on Next Page) 09/02/2008 15 43. Continued. Appellant: Manta Management Corp. c/o Roger Jon Diamond 2115 Main Street Santa Monica, CA 90405 Owner: CMGH LLC c/o Lawrence Wessel 740 S. Bunting Ct. Anaheim, CA 92808 Request/Location: This is an appeal of the Planning Commission Denial of CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane. The hearing remains open. . . MOTION: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission denial of Conditional Use Permit No. 08-03, a request to obtain a new Type 48 ABC license at 100 West Hospitality Lane. END OF PLANNING City Attorney 44. Urgency ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 10.24.190(a) to prohibit all commercial vehicles except for commercial pickup trucks, vans, and passenger cars on Mt. Vernon Avenue thnd between 5 Street and 2 Street (Mt. Vernon Avenue bridge). (Staff Report and Ordinance not available at time of printing) MOTION: That said urgency ordinance be adopted. 09/02/2008 16 Development Services 45. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Fiscal Year 2008/2009 through 2012/2013 Capital Improvement Program. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted with separate votes on Exhibits ?A?, ?B? and ?C?; and that the Director of Finance be authorized to amend the FY 2008/09 Budget to incorporate the completed FY 2008/09 Capital Improvement Program (CIP) into the Final FY 2008/09 Budget. 46. 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.) 47. 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, September 15, 2008, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 09/02/2008 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. 09/02/2008 18