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HomeMy WebLinkAbout01-20-2009 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 th 4Ward - Vacant 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, JANUARY 20, 2009 ? 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 14 & 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: ___________________________________________ 01/20/2009 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): In the Matter of the Industrial Disability Retirement Application of Garrett Zimmon and the City of San Bernardino ? OAH Case No. 2007080890; San Bernardino Public Employees Association v. City of San Bernardino ? Case No. LA-CE-455-M; Frank Ingram, III; et al. v. City of San Bernardino, Dave Green ? USCA No. 07-56616, USDC No. CV-05-00925 VAP/CFE; City of San Bernardino Municipal Water Department v. The United States Department of the Army ? U.S. District Court Case Numbers: CV 96-8867 & CV 96-5205; State of California v. City of San Bernardino/George N. Voss, et al. ? San Bernardino County Superior Court Case No. CVISS 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: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) California Aviation Services, Inc. City of San Bernardino C. Conference with legal counsel ? anticipated litigation ? initiation of litigation ? pursuant to subdivision (c) of Government Code Section 54956.9: (Item Continued on Next Page) 01/20/2009 2 1. Continued. City of San Bernardino v. California State University City of San Bernardino v. American Home Mortgage, (4858 Cristy Avenue, San Bernardino, CA (APN# 262-291-17-0000)) D. Closed Session ? personnel ? pursuant to Government Code Section 54957: City Manager recruitment 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: Fire Safety Unit Police Safety Unit Police Management Unit Management/Confidential Mid-Management Unit General Unit G. Conference with real property negotiator ? pursuant to Government Code Section 54956.8: 1. Property Address: 4858 North Cristy Avenue, San Bernardino APN: 0262-291-17 Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and an authorized representative on behalf of American Home Mortgage Servicing, Inc. Under Negotiation: Purchase price, terms and conditions . END OF CLOSED SESSION 01/20/2009 3 RECONVENE MEETING ? 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Lois Kipp ? Animal Control Commission ? Council Member McCammack. (See Attached) B. Councilman Rikke Van Johnson ? Inland Valley Development Agency ? Mayor Morris. (See Attached) C. Councilman Tobin Brinker ? Inland Valley Development Agency (Alternate) ? Mayor Morris. (See Attached) D. Councilman Rikke Van Johnson ? San Bernardino International Airport Authority (Alternate) ? Mayor Morris. (See Attached) MOTION: That the appointments A-D, as requested by Council Member McCammack and Mayor Morris, be approved. 3. Presentations. A. Service Pin Awards Ceremony. B. Annual Report of the Bicentennial Ad Hoc Committee. (See Attached) All Wards MOTION: That the report be received and filed. C. Citizen of the Month 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. 01/20/2009 4 CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 27 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: December 1, 2008 (Distributed 1/8/09) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 8, 2009, 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 January 16, 2009, 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. Resolution of the City of San Bernardino amending Resolution 2008-376 entitled in part, ?Resolution ? amending conflict of interest code?,? by amending Appendix A to add, delete and change the titles of various positions within departments of the City which must file conflict of interest statements (Statements of Economic Interests, Form 700) (See Attached) MOTION: That said resolution be adopted. 01/20/2009 5 City Manager 10. Budget Amendment to fund Police helicopter services through June 30, 2009. (See Attached) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2008/2009 adopted budget by appropriating $278,000 from unallocated Measure Z funds to Account No. 001-223-5502 to provide helicopter services through June 30, 2009. Development Services 11. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison across City-owned property located at 1298 N. Pennsylvania Avenue, known as Anne Shirrells Park (APN 0143-211-11). (See Attached) (No Cost to the City) Ward 6 MOTION: That said resolution be adopted. 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 any time zone on Lincoln Drive between Highland Avenue and the terminus of Lincoln Drive approximately one-thousand two hundred feet south of Twenty-first Street. (See Attached) (Cost to the City - $2,500 from the General Fund) Ward 6 MOTION: That said resolution be adopted. 13. 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 any time zone on the west side of Sierra Way between Base Line Street and three hundred twenty- five feet north of Base Line Street. (See Attached) (Cost to the City - $750 from the General Fund) Ward 2 MOTION: That said resolution be adopted. 14. 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 any time zone on the north side of Cooley Avenue between two hundred thirty feet west of Sunnyside Avenue and five hundred forty five feet west of Sunnyside Avenue. (See Attached) (Cost to the City - $500 from the General Fund) Ward 3 MOTION: That said resolution be adopted. 01/20/2009 6 15. Determination of Public Convenience or Necessity for a Type 20 Alcoholic Beverage Control (ABC) license (Off-sale Beer & Wine) for the 3,020 square foot service station and convenience store proposed at the northeast corner of Palm Avenue and Kendall Drive. (See Attached) (No Cost to the City) Ward 5 MOTION: That the Mayor and Common Council determine that the public convenience or necessity will be 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 for a 3,020 square foot service station and convenience store proposed at the northeast corner of Palm Avenue and Kendall Drive. Facilities 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a parking agreement with the Consulate of Mexico for two parking spaces. (See Attached) (No Net Cost to the City - $600 Annual Revenue) Ward 1 MOTION: That said resolution be adopted 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for services and issuance of a purchase order to Texsun Construction for Fire Station 224, Lath and Plaster Construction per Plans and Special Provisions No. 12551. (See Attached) (Cost to the City - $140,000 from Fire Development Impact Fee Fund) Ward 7 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/2009 budget by appropriating an additional $140,000 from the Fire Development Impact Fee Funds in Fiscal Year 2008/2009 to Account No. 262- 482-5504-7805, in accordance with the staff report from Jim Sharer, Director of Facilities Management, dated December 29, 2008. 18. Item deleted. 01/20/2009 7 Parks, Recreation and Community Services 19. Authorize the Director of Finance to amend the Parks, Recreation and Community Services FY 2008/09 budget and transfer $80,000 from landscape contracts (Account No. 001-382-5506) to materials and supplies (Account No. 001-382-5111); reduce landscape contracts (Account No. 001-382-5506) by $100,000 and reduce EDA revenue reimbursement (Account No. 001-000-4670) by $100,000, with no net impact to the City?s budget. (See Attached) All Wards MOTION: That the Director of Finance be authorized to amend the Parks, Recreation and Community Services FY 2008/09 budget and transfer $80,000 from landscape contracts (Account No. 001-382- 5506) to materials and supplies (Account No. 001-382-5111), with no net impact to the City?s budget; and that the Director of Finance be authorized to amend the Parks, Recreation and Community Services FY 2008/09 budget and reduce landscape contracts (Account No. 001-382-5506) by $100,000, and to also reduce EDA revenue reimbursement (Account No. 001-000- 4670) in a like amount of $100,000, with no net impact to the City?s budget. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute Amendment No. 1 to the vendor service agreement with Service Scape, and the Director of Finance to increase the following contracts in an amount not to exceed $64,000 in the aggregate: Contract Nos. 09-050 (Area ?A? - $12,500); 09-051 (Area ?B? - $34,500); 09-054 (Area ?E? - $6,700); and 09-055 (Area ?C? - $10,300) issued to Service Scape to cover the costs of supplemental work in Landscape Maintenance Districts Areas ?A?, ?B?, ?C?, and ?E?. (See Attached) (Cost to the City - $64,000 from Various Assessment District Funds) Wards 1, 3, 4, 5, & 6 MOTION: That said resolution be adopted. Police 21. Resolution of the Mayor and Common Council authorizing the execution of a services agreement with Paramount Protective Services, Inc. to provide jail staffing for FY 2008-09. (Cost to the City - $230,000 from the General Fund) All Wards MOTION: That said resolution be adopted. 01/20/2009 8 22. Resolution of the City of San Bernardino authorizing an amendment to the lease and services agreement with Nestor Traffic Systems, Incorporated. (See Attached) (No Cost to the City) All Wards MOTION: That said resolution be adopted. Public Services 23. Request to set a public hearing on March 2, 2009 at 4:00 p.m., for the placement of liens on delinquent refuse collection accounts. (See Attached) (No Cost to the City ? Projected Revenue of $691,439.34) All Wards MOTION: That the Mayor and Common Council set a public hearing for March 2, 2009 at 4:00 p.m., for the placement of liens on delinquent refuse collection accounts. 24. A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $47,556.47 to Neff Rental Company of San Bernardino pursuant to Section 3.04-010-B3 of the Municipal Code for a SRECO-trailer mounted sewer rodder to be utilized by the Public Services Department Street Division Sewer Maintenance Crew. (See Attached) (Cost to the City - $47,556.47 from Sewer Fund) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/2009 budget by transferring $47,600 from Account No. 132-431-5704 (Miscellaneous Equipment) to Account No. 132-431-5701 (Motor Vehicles). 25. 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 $29,100 to All American Truck & Auto Body in order to repair refuse unit 191. (See Attached) (Cost to the City - $29,100 from Refuse Funding) All Wards MOTION: That the Director of Finance be authorized to amend the FY 2008/09 adopted budget and transfer $29,100 from Account No. 527-412-5179 (Dump/Waste Fees) to Account No. 527-413-5172 (Equipment Maintenance). 01/20/2009 9 26. A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $77,760.44 to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code ?Purchases Approved by the Mayor and Common Council? for the purchase of (4) four 2009 Ford F- 250 pick up trucks, to be utilized by the new Public Services Department Graffiti Abatement Crew. (See Attached) (Cost to the City - $77,760.44 from the General Fund) All Wards MOTION: That said resolution be adopted. 27. Resolution authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of twelve (12) refuse trucks complete with refuse bodies and LNG conversion to be utilized by the IWM Division; and authorizing the purchasing manager to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. (See Attached) (Cost to the City - $3,639,137.64 from the Refuse Fund).) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Grants Ad-Hoc Committee Meeting of December 11, 2008 ? Committee Members Present: McCammack, Brinker, Baxter 28. Ratification of the submittal of a grant application to the International City/County Management Association (ICMA) for a Public Library Innovation Grant. (See Attached) (No Cost to the City - $56,850 in potential grant revenue) All Wards MOTION: That the Mayor and Common Council ratify the submittal of a grant application to the International City/County Management Association (ICMA) for a Public Library Innovation Grant and authorize the City Manager to expend the grant funds if awarded. 01/20/2009 10 Recommended for approval at the Legislative Review Committee Meeting of December 16, 2008 ? Committee Members Present: Kelley, Brinker, Baxter 29. An Ordinance of the City of San Bernardino amending Chapter 15.24 of the San Bernardino Municipal Code relating to property maintenance requirements. (See Attached) All Wards MOTION: That said ordinance be laid over for final adoption. END OF COMMITTEE CONSENT PUBLIC HEARINGS TO BE HEARD AT 4:00 P.M. City Clerk 30. Public hearing - imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. (No Cost to the City) All Wards Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. Mayor to open hearing? MOTION: That the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A to staff report from Rachel Clark, City Clerk, dated December 29, 2008 which have been paid prior to the hearing; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. Development Services 31. Public hearing - Resolutions approving the annexation, calling a special election and certifying the results of an election relative to CFD 1033 Annexation No. 7 for property consisting of a commercial development located on the southwesterly side of Belmont Avenue, southeasterly of Palm Avenue (CUP No. 07-31, First Assembly of God Church). (See Attached) (No Cost to the City) Ward 5 (Item Continued on Next Page) 01/20/2009 11 31. Continued. A. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory generally located between Palm Avenue and Olive Avenue southwesterly of Belmont Avenue (Annexation No. 7) to Community Facilities District No. 1033 and authorizing the Levy of Special Tax and submitting the levy of tax to the qualified electors. B. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 7 of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of special taxes within Annexation No. 7 and the establishment of an appropriations limit. C. A Resolution of the Mayor and Common Council of the City of San Bernardino, California, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No. 7. Mayor to open hearing? MOTION 1: That the public hearing relative to Annexation No. 7 to Community Facilities District No. 1033 be closed; and that said resolutions A and B be adopted. MOTION 2: That said resolution C be adopted. TO BE HEARD AT 4:00 P.M. Development Services 32. Public hearing - Development Code Amendment No. 08-03, an ordinance amending Sections 19.06.025 and 19.06.030 of the Development Code to modify restrictions on the location of convenience stores and off-site ABC licenses in the City of San Bernardino. (See Attached) FIRST READING (No Cost to the City) All Wards An Ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts) Sections 19.06.025 and 19.06.030 of the San Bernardino Municipal Code (Development Code) related to convenience stores and off-site ABC licenses. (Item Continued on Next Page) 01/20/2009 12 32. Continued. Mayor to open hearing? MOTION: That the hearing be closed; and that the item be referred to the Legislative Review Committee. TO BE HEARD AT 4:00 P.M. Development Services 33. Public Hearing - Development Code Amendment No. 08-04, an ordinance amending Section 19.06.025 of the Development Code to provide for exceptions to the prohibition of single-price overstock/discount stores in the City of San Bernardino. (See Attached) FIRST READING (No Cost to the City) All Wards An Ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Section 19.06.025 of the San Bernardino Municipal Code (Development Code) related to single-price overstock/discount stores. Mayor to open hearing? MOTION: That the hearing be closed; and that the item be referred to the Legislative Review Committee. END OF PUBLIC HEARINGS STAFF REPORTS TO BE HEARD AT 5:00 P.M. Council Office 34. A Workshop on Community Facilities Districts. (See Attached) 35. This item will be covered under presentations. END OF STAFF REPORTS 01/20/2009 13 COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee Meeting on January 8, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R36. Resolution of the Community Development Commission of the City of San Bernardino, California, approving an Agreement with June Durr, Marketing and Public Relations Consultant, and authorizing execution thereof, providing for professional marketing and public relations consultant services. (See Attached) All Wards MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on January 8, 2009 ? Committee Members Present: Johnson, Baxter, Brinker R37. Purchase of a diesel powered commercial riding lawn mower for use by the Community Beautification Services and Blight Abatement Program Team (Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South Valle Redevelopment Project Areas) (See Attached) Wards 1, 2, 3, & 6 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?), or his designee, to purchase a diesel powered commercial lawn mower for use by the Community Beautification Services and Blight Abatement Program Team. MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meeting on December 18, 2008 ? Committee Member Present: Baxter and Johnson R38. 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 2005 Disposition and Development Agreement by and between the Agency and Watson-Westridge, LLC (?Developer?) (144.52-acre residential development located north of Foothill Drive and East of Sterling Avenue). (See Attached) Ward 4 MOTION: That said resolution be adopted. 01/20/2009 14 Recommended for approval at the Redevelopment Committee Meeting on November 20, 2008 ? Committee Members Present: Estrada, Baxter, Johnson R39. Recommend transfer of personnel and certain assets of the City to the Agency related to the CATV Division (Staff Report not available at time of printing) All Wards (Mayor and Common Council) Resolution of the Mayor and Common Council of the City of San Bernardino approving the transfer of personnel and certain assets of the City related to the CATV Division and the restructuring thereof within the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino concurring with the Mayor and Common Council resolution approving the transfer of personnel and certain assets of the City related to the CATV Division and the restructuring thereof within the Redevelopment Agency of the City of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS TO BE HEARD AT 4:30 P.M. 40. Appeal Hearing - Conditional Use Permit No. 08-09 (Appeal No. 08-05) ? An appeal of the Planning Commission?s approval of a telecommunications facility and associated equipment at an existing church site located at 2898 North ?G? Street, in the RS, Residential Suburban land use district. (See Attached) (No Cost to the City) Ward 7 Owner: Faith Bible Church of San Bernardino 2898 North ?G? Street San Bernardino, CA 92405 Applicant: John Beke, for Royal Street Communications of CA, LLC 2913 El Camino Real, #561 Tustin, CA 92405 (Item Continued on Next Page) 01/20/2009 15 40. Continued. Appellant: Mario Galicia, Concerned Neighbors Committee th 636 West 29 Street San Bernardino, CA 92405 Mayor to open hearing? MOTION: That the hearing be closed and that the Mayor & Common Council deny Appeal No. 08-05 and uphold the Planning Commission?s approval of Conditional Use Permit No. 08-09, based on the Findings of Fact contained in the Planning Commission Staff Report dated September 16, 2008. END OF PLANNING ITEMS 41. 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.) 42. 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, February 2, 2009, in the Council Chambers of City Hall, 300 North ?D? Street, San Bernardino, California. 01/20/2009 16 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. 01/20/2009 17