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HomeMy WebLinkAbout11-17-2008 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 MONDAY, NOVEMBER 17, 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 12-16.) 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: ___________________________________________ 11/17/2008 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): Manta Management v. City of San Bernardino, U.S. Supreme Court Docket No. 08-325; People v. City of San Bernardino/George N. Voss, et al. ? San Bernardino Superior Court Case No. CIVSS 811831. 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: Public Counsel Law Center/Human Potential Community LLC v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino California State University contract for Police Consultant 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 D. Closed Session ? personnel ? pursuant to Government Code Section 54957. (Item Continued on Next Page) 11/17/2008 2 1. Continued. 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: 450 North ?E? Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Scott Bailey on behalf of CinemaStar Luxury Theaters, Inc. Under Negotiation: Terms and conditions of possible lease amendment and assignment of lease. 2. Property Address: 450 North ?E? Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza, CEO and Founder, on behalf of Maya Cinemas. Under Negotiation: Purchase price, terms and conditions. th 3. Property Address: 2695 West 5 Street, San Bernardino APN: 0142-522-08 (Item Continued on next Page) 11/17/2008 3 1. Continued. Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Colleen Choisnet on behalf of Deutsche Bank National Trust Co. 2006 Under Negotiation: Purchase price, terms and conditions. th 4. Property Address: 2639 West 5 Street, San Bernardino APN: 0142-522-35 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Brad Jennings on behalf of Carrington Mortgage Series 2006-Nc3 Under Negotiation: Purchase price, terms and conditions. th 5. Property Address: 2633 West 5 Street, San Bernardino APN: 0142-522-36 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Michael Novak-Smith on behalf of Fremont Investment & Loan Under Negotiation: Purchase price, terms and conditions. (Item Continued on next Page) 11/17/2008 4 1. Continued. th 6. Property Address: 2625 West 5 Street, San Bernardino APN: 0142-522-37 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Gary Tatar on behalf of GMAC Mortgage, LLC Under Negotiation: Purchase price, terms and conditions. th 7. Property Address: 2682 West 5 Street, San Bernardino APN: 0142-522-16 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Pete Nyiri on behalf of Deutsche Bank Trust Co. Americas Under Negotiation: Purchase price, terms and conditions. END OF CLOSED SESSION 11/17/2008 5 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Armando James Gonzales ? Board of Building Commissioners ? Council Member Brinker (See Attached) MOTION: That the appointment of Armando James Gonzales to the Board of Building Commissioners, as requested by Council Member Brinker, be approved. 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 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 and Community Development Commission, be waived. 11/17/2008 6 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: October 20, 2008 (Distributed 11/5/08) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 16, 2008, 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 November 13, 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 Clerk 9. Approve Local Appointments List per Maddy Act. (See Attached) (No Cost to the City) MOTION: That the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct that the City Clerk send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. City Manager 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Tolling Agreement between the City of San Bernardino and the County of San Bernardino concerning property tax administration fees, and rescinding Resolution 2008-396. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 11/17/2008 7 Code Enforcement 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order to Government Outreach for the subscription to the Citizen Relationship Management Software Service. (See Attached) (Cost to the City - $24,300 from Information Technology Fund) All Wards MOTION: That said resolution be adopted. Development Services 12. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, ?A Resolution? prohibiting parking upon certain designated streets, alleys, or portions thereof?? to establish a no parking except by permit at any time zone on the east side of Loma Avenue between Citrus Street and one-hundred sixty five feet south of Lynwood Drive. (See Attached) (Cost to the City - $1,000 from the General Fund - Street Maintenance) Ward 7 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino approving Amendment No. 2 to correct three-year Capital Improvement Program for FY 2007-2010 for Measure ?I? local expenditures. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. 14. Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to a Cooperative Agreement (County Contract No. 07-451) between the City of San Bernardino and the County of San Bernardino for pavement rehabilitation on Cajon Boulevard from 0.22 miles northwest of Palm Avenue to 0.05 miles northwest of Rex Cole Road (SS07-06). (See Attached) (Cost to the City - $176,700 from Special Gas Tax Fund) Ward 6 MOTION: That said resolution be adopted. Human Resources 15. Resolution of the Mayor and Common Council of the City of San Bernardino recognizing the San Bernardino Police Management Association as the majority representative for the Police Management Unit. (See Attached) (No Cost to the City) MOTION: That said resolution be adopted. 16. Item deleted. 11/17/2008 8 Information Technology 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of Crimeview Community web-based crime mapping services from the Omega Group of San Diego, California. (See Attached) (Cost to the City - $37,500 from the 2007 US DOJ COPS Technology Grant Funds) All Wards MOTION: That said resolution be adopted 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of an automated license plate reader system for the San Bernardino Police Department from PIPS Technology of Knoxville, Tennessee. (See Attached) (Cost to the City - $115,519.40 from the 2006 & 2007 US DOJ COPS Technology Grants Fund - $61,500 from 2006 and $54,019.40 from 2007) All Wards MOTION: That said resolution be adopted. Parks, Recreation and Community Services 19. Salary increase for the position of Food Service Supervisor II in the Senior Nutrition Program. (See Attached) (Cost to the City - $13,200 from Grant Funds - Senior Nutrition) All Wards MOTION: That the Mayor and Common Council authorize an increase for the salary for the Senior Nutrition Food Service Supervisor II from a flat rate of $19.56 per hour to $24.56 per hour effective 07/01/08; and authorize the Human Resources Department to update Resolution 2008-20 reflect said changes. City Manager 20. Budget amendment to fund Police helicopter services through December 31, 2008. (See Attached) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2008-09 adopted budget by appropriating $92,650 from unallocated Measure Z funds to Account No. 001-223-5502 to provide helicopter services through December 31, 2008. Public Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application for Waste Tire Enforcement Grant Funds from the California Integrated Waste Management Board. (See Attached) (Cost to the City - $49,032.45 from Grant Funds) All Wards (Item Continued on Next Page) 11/17/2008 9 21. Continued. MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT 22. Item deleted. Recommended for approval at the Grants Ad Hoc Committee Meeting of November 12, 2008 ? Committee Members Present: McCammack, Baxter, Brinker Mayor?s Office 23. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to apply for the California Gang Reduction, Intervention and Prevention (CALGRIP) Grant. (See Attached) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Personnel Committee Meeting of November 12, 2008 ? Committee Members Present: McCammack, Brinker Human Resources 24. Reclassification of Disaster Management Coordinator to Emergency Services Manager. (See Attached) MOTION: That the Disaster Management Coordinator (U), Range 4510, $5,649-$6,867, be reclassified to Emergency Services Manager (U), Range 4550, $6,896-$8,383; and that the Human Resources Department be authorized to update Resolution No. 6429 to reflect this action. Recommended for approval at the Ways & Means Committee Meeting of November 5, 2008 ? Committee Members Present: McCammack, Johnson Finance 25. Approval of the FY 2007-2008 Continuing Appropriations and Encumbrance Carryovers into FY 2008-2009 (See Attached) All Wards MOTION: That the FY 2007-2008 Continuing Appropriations and Encumbrance Carryovers into FY 2008-2009 be approved. 11/17/2008 10 Recommended for approval at the Ways & Means Committee Meeting of November 5, 2008 ? Committee Members Present: McCammack, Johnson Finance 26. Receive and file the FY 2007-2008 Year End Report and the FY 2008-2009 First Quarter Budget Report (See Attached) All Wards MOTION: That the FY 2007-2008 Year End Report and the FY 2008-2009 First Quarter Budget Report be received and filed. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. Public Services 27. Public Hearing - Resolution of the Mayor and Common Council of the City of San Bernardino establishing the fees and rates to be charged for the collection of refuse, green wastes and recyclables, and repealing Resolution 2004-239. (See Attached) (No Cost to the City ? Projected Revenue of $1,354,600).) All Wards Resolution of the Mayor and Common Council of the City of San Bernardino establishing the fees and rates to be charged for the collection of refuse, green wastes and recyclables, and repealing Resolution 2004-239. Mayor to open the hearing? MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. Water 28. Public Hearing - Review Sewer Rate Study 2008 and Adopt Resolution. (See Attached) (No Cost to the City ? Property Assessment) All Wards Resolution of the City of San Bernardino fixing and establishing charges for services and facilities furnished by the City sewerage collection and treatment system located within and outside the incorporated territory of the City, and repealing Resolution 2004-124. Mayor to open the hearing? MOTION: That the hearing be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS 11/17/2008 11 CONTINUED ITEMS CONTINUED FROM OCTOBER 20, 2008 City Clerk 29. Discussion and possible action concerning calling a special election to fill a vacancy that will occur in the 4th Ward Council seat. (Backup material distributed on October 20, 2008, Item No. 26) (Cost to the City - $39,000 from the General Fund) Ward 4 MOTION: That the City Clerk and City Attorney?s Office proceed with preparing the required resolution(s) to call for a special election th to be held in the 4 Ward on Tuesday, March 17, 2009, and that such election be conducted by all mail ballot; and that the appropriate resolution(s) be placed on the December 1, 2008 agenda of the Mayor and Common Council. CONTINUED FROM MAY 19, 2008 Development Services 30. Request for continuance for Tentative Tract No. 14112 ? located northeasterly of the intersection of Foothill Drive and Sterling Avenue. (Backup material distributed on May 19, 2008; Item No. 34) (No cost to City.) Ward 4 MOTION: That the matter be tabled due to the approval of the Final Map for Tentative Tract No. 14112 at the October 20, 2008 meeting of the Mayor and Common Council. END OF CONTINUED ITEMS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM NOVEMBER 3, 2008 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee Meeting on October 9, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R31. Joint Public Hearing ? Waterman Holdings, LLC- Amendment No. 4 to the 2004 Disposition and Development Agreement (Central City East Redevelopment Project Area). (Backup material distributed on November 3, 2008, Item No. R31) Ward 1 (Item Continued on Next Page) 11/17/2008 12 R31. Continued. (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to th Waterman Holdings, LLC (4 and Waterman Avenue ? APN: 0135-191- 17) (Central City East Redevelopment Project Area). (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to Waterman Holdings, LLC, and authorizing the Interim Executive Director of the Agency to execute Amendment No. 4 to the 2004 Disposition and Development Agreement, as amended, between the th Agency and Waterman Holdings, LLC (4 Street and Waterman Avenue ? APN: 0135-191-17) (Central City East Redevelopment Project Area). The hearing remains open. . . MOTION: That the matter be continued to December 15, 2008. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee Meeting on November 6, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R32. Public Hearing ? Consenting to the approval of the issuance of Health Care Revenue Bonds for financing the Acquisition of licensed health care facilities by Mountain Shadows Support Group, Inc. (See Attached) Wards 2, 4, & 7 Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of health care revenue bonds for the purpose of financing the acquisition of licensed health care facilities by Mountain Shadows Support Group, Inc. (Resolution not available at time of printing) Mayor to open hearing? MOTION: That the hearing be closed; and that said resolution be adopted. 11/17/2008 13 TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee Meeting on November 6, 2008 - Committee Members Present: Estrada, Baxter and Johnson R33. Joint Public hearing - Maya Cinemas North America, Inc. ? 2008 Disposition and Development Agreement (Central City North Redevelopment Project Area) (See Attached) 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 certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to Maya Cinemas North America, Inc. (?Developer?) (450 North ?E? Street ? APN: 0134-131-24, 25, 26, 27 and 28) (Central City North 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 the sale of certain real property by the Redevelopment Agency of the City of San Bernardino (?Agency?) to Maya Cinemas North America, Inc. (?Developer?), and authorizing the Interim Executive Director of the Agency to execute the 2008 Disposition and Development Agreement by and between the Agency and the Developer (450 North ?E? Street ? APN: 0134-131-24, 25, 26, 27 and 28) (Central City North Redevelopment Project Area). (Resolution not available at time of printing) Mayor to open hearing? MOTION: That the hearing be closed; and that said resolutions A and B be adopted. TO BE HEARD AT 4:30 P.M. Recommended for approval at the Redevelopment Committee Meeting on October 28, 2008 - Committee Members Present: Estrada, Baxter and Johnson R34. Public hearing ? to Amend the Consolidated Annual Action Plan for Fiscal Year 2008-2009 to Effectuate a Supplemental Appropriation under the Neighborhood Stabilization Program authorized under the Housing and Economic Recovery Act of 2008 (See Attached) All Wards (Item Continued on Next Page) 11/17/2008 14 R34. Continued. Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving a Substantial Amendment to the Consolidated Annual Action Plan for Fiscal Year 2008-2009; and authorizing the City Manager or his designee to execute, on behalf of the City, such documents as requested by the United States Department of Housing and Urban Development to effectuate the Supplemental Appropriation. (Resolution not available at time of printing.) Mayor to open hearing? MOTION: That the hearing be closed; and that said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on November 6, 2008 - Committee Members Present: Estrada, Baxter and Johnson R35. Willdan Engineering ? Professional Services Agreement for design and construction management services for the relocation of the sewer line at the new rd County court house located at 247 West 3 Street, San Bernardino (Central City East Redevelopment Project Area) (See Attached) Ward 1 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency (?Agency?) to execute a Professional Services Agreement with Willdan Engineering (Central City East Redevelopment Project Area) MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on November 6, 2008 - Committee Members Present: Estrada, Baxter and Johnson R36. Memorandum of Understanding with the California State Department of Housing and Community Development to receive final designation for the San Bernardino Valley Enterprise Zone (See Attached) Wards 1, 2, 3, & 6 (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor to execute a Memorandum of Understanding with the California State Department of Housing and Community Development for final designation of the San Bernardino Valley Enterprise Zone (Resolution not available at time of printing) (Item Continued on Next Page) 11/17/2008 15 R36. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino consenting to the commitment of staffing and financial resources of the Redevelopment Agency of the City of San Bernardino (?Agency?) in furtherance of a Memorandum of Understanding with the California State Department of Housing and Community Development for final designation of the San Bernardino Valley Enterprise Zone (Resolution not available at time of printing) MOTION: That said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION STAFF REPORTS Parks, Recreation and Community Services 37. Workshop - 5:00 p.m. in the Economic Development Agency Boardroom for a presentation of the Parks, Recreation, Trails and Open Space Master Plan. (No Cost to the City) (Backup material distributed on November 3, 2008, Item No. 16) END OF STAFF REPORTS PLANNING TO BE HEARD AT 4:30 P.M. Development Services 38. Public Hearing ? University Hills Specific Plan, SP No. 07-01; General Plan Amendment No. 08-03; Tentative Parcel Map No. 18969; Tentative Tract Map No. 18696; Tentative Tract Map No. 18140; Development Agreement No. 08- 02 ? A Plan for 980 dwelling units on 404.3 acres located north of the terminus of Campus Parkway. (See Attached) Ward 5 (Item Continued on Next Page) 11/17/2008 16 R38. Continued. Resolution of the City of San Bernardino adopting the facts, findings and statement of overriding considerations, certifying the final subsequent environmental impact report, adopting the mitigation monitoring and reporting plan, amending the General Plan and the University District Specific Plan, adopting the University Hills Specific Plan and approving Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140. (Resolution not available at time of printing.) An Ordinance of the City of San Bernardino amending Chapter 19.10 (Special Purpose Districts) of the San Bernardino Municipal Code (Development Code) related to the University Hills Specific Plan. (Ordinance not available at time of printing.) Mayor to open hearing? MOTION: That the hearing be closed; that said resolution be adopted; that said ordinance be laid over for final adoption; and that consideration of the Development Agreement be brought back at a later date for consideration. END OF PLANNING City Attorney 39. Discuss amendments and an extension to Ordinance No. MC-1288, an Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter Overlay District, to permit emergency shelters with approval of a building permit within areas of the IL, rd Industrial Light, Land Use District lying south of 3 Street, east of Waterman Avenue and north of Central Avenue, declaring the urgency thereof, and taking effect immediately. (See Attached) Ward 1 MOTION: That the matter be discussed and direction provided to Staff. 40. 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.) 11/17/2008 17 41. 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, December 1, 2008, 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. 11/17/2008 18