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HomeMy WebLinkAbout10-01-2007 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 MONDAY, OCTOBER 1, 2007 ? 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 14.) 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. 10/01/2007 1 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): Ollie Dean Harris v. City of San Bernardino ? San Bernardino Superior Court Case No. 143684; Michael Negrete v. City of San Bernardino ? United States District Court Case No. EDCV 06-01047 VAP (OPx); Kimberly Smith v. City of San Bernardino ? San Bernardino Superior Court Case No. SCVSS 139188. 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: James Black ? Disability Evaluation Unit Rating No. SBR G25129 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. (Item Continued on Next Page) 10/01/2007 2 1. Continued. F.Conference with labor negotiator ? pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: Fire Fighters Association Local No. 891 San Bernardino Confidential Management Association Mid-Management Unit General Unit G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 10/01/2007 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Re-appointment ? Jerry A. Moya ? Board of Fire Commissioners ? Council Member Brinker. (See Attached) B. Re-appointment ? Jane Messer ? Fine Arts Commission ? Council Member Brinker. (See Attached) C. Re-appointment ? Willie M. Brue ? Senior Affairs Commission ? Council Member Brinker. (See Attached) D. Re-appointment ? James J. Eble ? Board of Building Commissioners ? Council Member Brinker. (See Attached) E. Appointment ? Suzie Earp ? Historical Preservation Commission ? Mayor Morris. (See Attached) F. Appointment ? Cherstin M. Lyon ? Historical Preservation Commission ? Mayor Morris. (See Attached) MOTION: That the re-appointments and appointments A-F, be approved. 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 22 be adopted except for ____, ____, ____, ____, and ____. 10/01/2007 4 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, 2007 (Distributed on 9/25/07) August 13, 2007 (Distributed on 9/24/07) 7. Claims and Payroll. MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 13, 2007, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. MOTION: That the personnel actions, as submitted by the Chief Examiner, dated September 26, 2007 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 Manager 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a lease agreement between the City of San Bernardino and Omnipoint Communications Inc. for the lease of three hundred ten (310) square feet of land at Colony Park located at the intersection of E. Harwick Drive and Weir Road. (See Attached) Ward 3 MOTION #1: That said resolution be adopted; and (Item Continued on Next Page) 10/01/2007 5 9. Continued. MOTION #2: That the Director of Finance be authorized to amend the FY 2007/08 adopted budget and increase General Fund revenues by $12,000 (Account No. 001-000-4520 ?Land & Building Rental?) and also increase the Parks and Recreation expenditure budget in a corresponding amount of $12,000 (Account No. 001-382-5706- 7756 ?Colony Park Picnic Shelter PR08-11?). Development Services 10. Resolution of the City of San Bernardino authorizing execution of a Cooperative Agreement with the San Bernardino County Flood Control District and the City of Colton for construction of Randall Basin (SD08-03). (See Attached) (Cost to City -- $150,000 from Storm Drain Construction Fund.) Ward 3 MOTION: That said resolution be adopted. 11. Resolution of the City of San Bernardino adopting the Three-Year Capital Improvement Program (2007-2010) for Measure I Local Expenditures. (See Attached) (No Cost to City.) All Wards MOTION #1: That said resolution be adopted with Exhibits A & B; and MOTION #2: That said resolution be adopted with Exhibit C. 12. Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 1 to Agreement with GFR Enterprises, Inc. for the dedication and improvement of a 4-acre park at the southwest corner of Irvington Avenue and Chestnut Avenue. (See Attached) (Cost to City -- $230,000 from Park Construction Fund.) Ward 5 MOTION: That said resolution be adopted. 13. Authorization to proceed and approval of Plan No. 12291 ? proposed vacation of a portion of Crescent Avenue between Huff Street and College Drive. (See Attached) (No Cost to City ? $2,000 in fees paid by applicant.) Ward 3 10/01/2007 6 (Item Continued on Next Page) 13. Continued. MOTION #1: That the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of Crescent Avenue between Huff Street and College Drive; and MOTION #2: That Plan No. 12291 showing the proposed vacation of a portion of Crescent Avenue between Huff Street and College Drive, be approved. 14. Set public hearing for adoption of Master Facilities Plan Regional Circulation System Update to adjust the Regional Traffic Systems Fee and Amendment to Resolution No. 2006-97. (See Attached) (No cost to City.) All Wards MOTION: That the Mayor and Common Council set a public hearing for October 15, 2007, at 4:00 p.m. to adopt the updated Master Facilities Plan Regional Circulation System and set the new amount of the Regional Circulation System Development Impact Fee. 15. Reject all bids for Sewer Improvements in Industrial Parkway (SW05-05), Tippecanoe Avenue (SW05-06) and ?I? Street (SW04-36) & Pavement Rehabilitation of Tippecanoe Avenue (SW05-06), ?I? Street (SW04-36) and Sterling Avenue (SS06-56), per Plan No. 11923. (See Attached) (No cost to City.) Wards 1, 6 & 7 MOTION: That the Mayor and Common Council reject all bids for sewer improvements in Industrial Parkway (SW05-05), Tippecanoe Avenue (SW05-06) and ?I? Street (SW04-36) & Pavement Rehabilitation on Tippecanoe Avenue (SW05-06), ?I? Street (SW04-36) and Sterling Avenue (SS06-56), per Plan No. 11923. Finance 16. Resolution authorizing an agreement with MuniServices, LLC to provide analysis and audit services for the Transactions and Use Tax collected by the State Board of Equalization and a resolution authorizing a designated representative to receive the Transactions and Use Tax records from the State Board of Equalization and rescinding Resolution No. 87-130. (See Attached) (Cost to City -- $9,000 + 25% of audit findings from General Fund.) 10/01/2007 7 (Item Continued on Next Page) 16. Continued. A. Resolution of the City of San Bernardino authorizing the execution of an agreement with MuniServices, LLC to provide analysis and audit services for the City of San Bernardino?s Transactions and Use Tax collected by the State Board of Equalization. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino designating MuniServices, LLC as the authorized City representative to examine transactions (sales) and use tax records, and designating the City Manager, the Director of Finance and the Deputy Director of Finance as the City Officers authorized to receive information contained in, or derived from, the transactions (sales) and use tax records. (Resolution not available at time of printing.) MOTION: That said resolutions A&B, be adopted. Human Resources 17. Establishment of salaries for Police Department ranges for P-1, P-2, P-3, and Law Enforcement Trainee, effective August 1, 2007. (See Attached) (Cost to City - $923,700 from General Fund.) All Wards MOTION #1: That the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 2007; and MOTION #2: That the Human Resources Department be authorized to amend Resolution No. 6429, to reflect the above action; and MOTION #3: That the Director of Finance be authorized to amend the FY 2007/08 budget by increasing the Police Department General Fund budget for Charter 186 costs by transferring $923,700 from the General Government budget into Account No. 001-092-5011 and also make the appropriate adjustments to the various Police Grants as allowed by the Grants for the Charter 186 costs. 10/01/2007 8 Parks, Recreation & Community Services 18. Resolution authorizing the issuance of annual purchase orders in an amount not to exceed $108,889 in the aggregate to purchase food from Sysco Foods, Merit Day, Ross Swiss and Second Harvest Food Bank for the Senior Nutrition Program for FY 2008-08 through FY 2009/10. (See Attached) (Cost to City - $108,889 from grant funds.) All Wards MOTION: That said resolution be adopted. 19. Item Deleted. Public Services 20. Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $61,482.57 to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of (3) three 2008 Ford F-250 pick up trucks with liftgates, to be utilized by the Parks and Police Departments. (See Attached) (Cost to City ? $61,482.57 from Fleet Fund.) All Wards MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order in the amount of $245,300.00 by exercising its first year option with Pavement Recycling Systems, Inc., pursuant to Section 3.04.010 B-3 of the Municipal Code for cold planing services, labor and equipment rental for City street repairs and ratifying action taken from the July 1, 2007 through approval by the Mayor and Common Council. (See Attached) (Cost to city - $245,300 from Gas Tax Fund and other various funds.) All Wards MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order in the amount of $1,586,560.00 by exercising its final contract option between the City of San Bernardino and Matich Corporation pursuant to Section 3.04.010 B-3 of the Municipal Code for street paving services utilized by the Public Services Department, Streets 10/01/2007 9 Division. (See Attached) (Cost to city - $1,586,560 from Gas Tax Fund and other various funds.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Discussed by Ways and Means Committee on September 19, 2007 - Committee Members Present: Neil Derry and Rikke Van Johnson Mayor?s Office 23. Request for Civic and Promotional funding for the Fiesta de la Familia at Arrowhead Credit Union Park. (See Attached) MOTION: That the request for a waiver of fees in the amount of $12,580.74 th for department personnel costs associated with the 10 Annual Fiesta de la Familia scheduled for October 20-21, 2007, be approved; and that $12,580.74 be transferred from the civic and promotional fund into the Police Department account to recover their costs incurred for the Fiesta de la Familia event. END OF COMMITTEE CONSENT PUBLIC HEARINGS CONTINUED FROM SEPTEMBER 17, 2007 TO BE HEARD AT 4:00 P.M Development Services 24. Public hearing - Resolution authorizing the execution of an Agreement and Resolution Ordering Work relative to proposed Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District No. 1057 (Parcel Map No. 17375). (Cost to City -- $4,000 processing fee ? paid by applicant; $4,464 ? estimated annual General Benefit amount Assessment District Deposits/General Fund.) (Backup material was distributed on August 20, 2007, Item No. 45; continued to September 17, 2007, Item No. 32.) Ward 6 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment District No. 1057 (Cajon Boulevard and University Parkway Area 10/01/2007 10 Landscape Maintenance Assessment District). (Resolution not available at time of printing.) (Item Continued on Next Page) 24. Continued. B. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Cajon Boulevard and University Parkway area, approving the final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1057, ordering the work, confirming the 2008- 2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) The hearing remains open . . MOTION: That the matter be continued to October 15, 2007. TO BE HEARD AT 4:00 P.M. 25. Public hearing ? resolution authorizing the execution of an agreement and resolution ordering work relative to the proposed Central Avenue and Lena Road Area Landscape Maintenance Assessment District No. 1063 ? Parcel Map No. 17721. (See Attached) (Cost to City -- $5,900 processing fee paid by the applicant; 1,380.13 ? estimated annual General Benefit amount Assessment District Deposits/General Fund.) Ward 1 A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment District No. 1063 (Central Avenue and Lena Road Area Landscape Maintenance Assessment District). (Resolution not available at time of printing.) B. Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the 10/01/2007 11 assessment and that the public convenience and necessity require the maintenance of landscaping in the Central Avenue and Lena Road Area, approving the final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1063, ordering the work, confirming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (Resolution not available at time of printing.) 25. Continued. Mayor to open the hearing . . . MOTION: That the matter be continued to October 15, 2007. TO BE HEARD AT 4:00 P.M. th 26. Public hearing ? resolution ordering work ? 48 Street and Little Mountain Drive Area Landscape Maintenance Assessment District No. 1065. (See Attached) (Cost to City -- $5,900 processing fee paid by applicant; $776.65 estimated annual General Benefit amount Assessment District Deposits/General Fund.) Ward 5 Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public th convenience and necessity require the maintenance of landscaping in the 48 Street and Little Mountain Drive Area, approving the final Engineer?s Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1065, ordering the work, confirming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority protest Act of 1931 shall not apply. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. (4/5 vote required) END OF PUBLIC HEARINGS CONTINUED ITEMS City Attorney 10/01/2007 12 LAID OVER FROM SEPTEMBER 17, 2007 27. An Ordinance of the City of San Bernardino establishing a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes. FINAL READING (Backup material was distributed on September 17, 2007, Item No. 41.) MOTION: That said ordinance be adopted. CONTINUED FROM SEPTEMBER 17, 2007 28. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the retention of Atkinson, Andelson, Loya, Rudd & Romo for legal services provided in the case of Evlyn Wilcox v. Kari Verjil (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, Case No. CIVSS 705111. (Backup material was distributed on September 4, 2007, Item No. 11; continued to September 17, 2007, Item No. 34.) MOTION: That said resolution be adopted. CONTINUED FROM SEPTEMBER 17, 2007 29. An Ordinance of the City of San Bernardino amending Section 3.44.030 of the San Bernardino Municipal Code Chapter 3.44, Telephone User?s Tax to clarify original intent. FIRST READING (Backup material was distributed on September 4, 2007, Item No. 22; was continued to September 17, 2007, Item No. 33.) MOTION: That the matter be tabled. END OF CONTINUED ITEMS STAFF REPORTS City Manager 30. Discussion regarding Utility User?s Tax. (See Attached) MOTION: That the Mayor and Common Council consider and provide direction concerning possible UUT ordinance options, and direct the City Attorney?s Office to prepare a draft revision of the UUT ordinance, along with other necessary documents, in order to place the matter on the February 2008 ballot. 10/01/2007 13 City Attorney 31. An Ordinance of the City of San Bernardino Municipal Code adding Chapter 9.93 to the San Bernardino Municipal Code and establishing Administrative Civil Penalties for violations of the Municipal Code. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That the matter be referred to the Legislative Review Committee. Council Office 32. Request for the purchase and installation of banner poles on University Parkway. (See Attached) MOTION: That the Community Development Commission authorize the request for $76,000 for the purchase and installation of banner posts on University Parkway. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee meeting on September 6, 2007 ? Committee Members Present: Estrada, Baxter and Johnson R33. 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 (1) a Redevelopment Cooperation Agreement by and between the Agency and the Inland Valley Development Agency (?IVDA?) and (2) a Single Family Inclusionary Housing Owner Participation Agreement (?OPA?) by and between the Agency and GFC Enterprises, LLC, for the development of Lynwood Housing Development (IVDA Redevelopment Project Area). (See Attached) Ward 7 MOTION: That said resolution be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING TO BE HEARD AT 4:30 P.M. 34. Public hearing ? an ordinance amending Chapter 19.08 of the Development Code to permit social service centers as a conditional use in the IL, Industrial 10/01/2007 14 Light land use district and Conditional Use Permit No. 07-03 to construct a 2- story, 34,833 square foot men?s rehabilitation center on the east side of Doolittle Road approximately 400 feet north of Mill Street. (See Attached) (No Cost to City.) Owner: Captain Steven Sutter Salvation Army 363 S. Doolittle Road San Bernardino, CA 92407 (Item Continued on Next Page) 34. Continued. Applicant: Gary Miller GMID 1177 Idaho Street, Suite 200 Redlands, CA 92374 Request/Location: The applicant requests approval of Development Code Amendment No. 07-01 to modify Section 19.08.020, Table 08.01 of the Development Code to allow social service centers in the IL, Industrial Light land use district subject to approval of a conditional use permit. Also requested is a conditional use permit to construct a 2-story, 34,833 square foot men?s shelter facility and rehabilitation center on approximately 8.8 acres of land, located on the east side of Doolittle Road and the west side of Lena Road, approximately 400 feet north of Mill Street. An Ordinance of the City of San Bernardino amending Chapter 19.08 (Industrial Districts), Section 19.08.020, Table 08.01 (34) of the San Bernardino Municipal Code (Development Code) related to social service centers. FIRST READING Mayor to open the hearing . . . MOTION: That the hearing be closed; that said ordinance be laid over for final adoption; and that the Mayor and Common Council independently review, analyze and exercise independent judgment in consideration of the initial study and in making a determination, and adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan and approve Conditional Use Permit No. 07-03 based upon the Findings of Fact contained in the Planning Commission Staff Report subject to the Conditions of Approval and Standard Requirements (Exhibit 2). TO BE HEARD AT 4:30 P.M. 10/01/2007 15 35. Appeal Hearing ? Appeal of the Planning Commission?s denial of Conditional Use Permit No. 05-17 (Amendment to Conditions No. 07-03) to convert 12 three-story live/work units into mixed-use units. The project site is located on the north side of 3rd Street, approximately 240 feet east of Sierra Way in the CG-2, Commercial General land use district. (See Attached) (No cost to City.) Ward 1 Owner/Appellant: George Jordan ANR Homes, Inc. 10702 Hathaway Drive, No. 1 Santa Fe Springs, CA 90670 (Item Continued on Next Page) 35. Continued. Request/Location: The appellant is appealing the Planning Commission?s denial of Conditional Use Permit No. 05-17 to convert 12 three-story live/work units rd into mixed-use units. The project site is located on the north side of 3 Street, approximately 240 feet east of Sierra Way in the CG-2, Commercial General land use district. Mayor to open the hearing . . . MOTION #1: That the hearing be closed; and that the Mayor and Common Council deny Appeal No. 07-05 and uphold the Planning Commission?s denial of Conditional Use Permit No. 05-17 (Amendment to Conditions No. 07-03); or MOTION #2: That the hearing be closed; and that the Mayor and Common Council grant Appeal No. 07-05 and approve Conditional Use Permit No. 05-17 (Amendment to Conditions No. 07-03) based on the previously adopted Findings of Fact and Revised Conditions of Approval (Exhibit 3). END OF PLANNING ITEMS 36. 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.) 10/01/2007 16 37. 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 15, 2007, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 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. 10/01/2007 17