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HomeMy WebLinkAbout10-15-2007 MinutesCITY OF SAN BERNARDINO 300 N. "D " Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Moms Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 15, 2007 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:35 p.m., Monday October 15, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 3 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Michael Desrochers, Steve Lowes v. City of San Bernardino, et al. - United States District Court Case No. EDCV 06-1408 VAP (JCRx); People of the State of California, acting by and through the Department of Transportation, et al. v. Brian C. Crane, et al. - San Bernardino Superior Court Case No. CIVSS 703144; Kimberly J. Smith v. Omnitrans, et al. - San Bernardino Superior Court Case No. SCVSS 139188; Danuta Tuszynska v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 705138. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. 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: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: General Unit Mid -Management Unit San Bernardino Confidential Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 10/15/2007 Assistant City Attorney Easland announced that the following additional case would be discussed in closed session under Agenda Item No. 1B, Significant Exposure to Litigation: Frank R. Cortez v. City of San Bernardino. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor Morris extended condolences to the family and requested a moment of silence in memory of Koula Helene Litras, longtime resident of the City of San Bernardino who for many years operated the National Orange Show Restaurant with her husband, Jimmy; and William "Bill" Cozzo, who was best known for his role as an emcee at many community events, roasts, and fundraisers and served his community as a member of the Board of Directors for St. Bernardine Medical Center Foundation, American Red Cross, Footprinters, and the National Orange Show. Invocation/Pledge of Allegiance The invocation was given by Sister Mary Frances Coleman of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Hannah Vermillion, a fifth grade student at Ramona Alessandro School, and Patsy Shordon, a student at Inghram School. 2. Appointments • Steven Campbell - Board of Building Commissioners - Council Member Baxter • Jane Sneddon - Alternate - Bicentennial Ad Hoc Committee - Mayor Morris • Arthur Guerrero - Bicentennial Ad Hoc Committee - Council Member Estrada • Jazmyne Bell - Youth Advisory Commission - Council Member Brinker • Jessica Hurst - Board of Library Trustees - Mayor Morris Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the appointments of Steven Campbell, Jane Sneddon, Arthur Guerrero, Jazmyne Bell, and Jessica Hurst, as requested by Council Member Baxter, Mayor Morris, and Council Members Estrada, and Brinker, be approved. 3 10/15/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Presentations & Proclamations Councilman Rikke Van Johnson presented the Citizen of the Month award to Lucy Evans, who collects, packages and delivers personal items to the homeless. Mayor Morris presented a proclamation designating Saturday, October 27, 2007, as "Make a Difference Day" to Luisa Ross, Rehabilitation/Redevelopment Program Specialist with Neighborhood Housing Services of the Inland Empire. Councilwoman Wendy McCammack recognized Carol Donnelly for her efforts in hosting the "Make a Difference Day" "Attitude of Gratitude" luncheon in honor of local police officers and firefighters to be held on Saturday, October 27, 2007, at Fire Station No. 12, from 11 a.m. to 4 p.m. American Legion Representative Gary Cherms presented a POW/MIA flag to Mayor Morris and requested that it be flown daily in honor of the 91,000 men and women of the Armed Forces who never made it home from World War II, Korea and Vietnam and the POWs who have made it home. Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Lori McElroy Benjamin Alexander James (Mat) Fratus Thomas Hannemann Isaac Horn Linda Puetz Andrea Zuniga Dodie Alsop Lt. Brian Boom Lt. Diane Holmes Vincent Kilbride Rick Moyer Michael Vasilis Department Development Services Fire Fire Fire Fire Library Library Police Police Police Police Police Police Years of Service 5 15 20 15 15 5 5 35 25 25 30 30 25 4 10/15/2007 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, 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: August 20, 2007; and September 4, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll A. Jason Porrino, P.O. Box 86610, Los Angeles, CA, spoke about a personal employment issue with Stater Bros. Markets. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 2, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 10/15/2007 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated October 11, 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. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. Set luncheon workshop for 12:00 p.m. on December 3, 2007 to discuss legislative issues with Senator Robert Dutton Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that a luncheon workshop be set for December 3, 2007, at 12:00 p.m. in the Economic Development Agency Boardroom to discuss legislative issues with Senator Robert Dutton. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. ORD. MC-1258 — 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. FINAL READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1258 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2007-417 — A Resolution of the Mayor and Common Council of the City of San Bernardino declaring its intention to authorize the annexation of territory (Annexation No. 3) to Community Facilities District No. 1033, and adopting an annexation map showing the territory of Annexation No. 3. 6 10/15/2007 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033 Annexation No. 3 to include APN 0266- 041-52 & 53 (DP II No. 04-21) and APN 0266-041-80 (DP II No. 04-38); and that said resolution be adopted. The motion carried and Resolution No. 2007-417 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-418 - Resolution of the City of San Bernardino authorizing and directing the execution of a grant of easement to Southern California Edison across City water department property located on the south side of Industrial Road, east of Waterman Avenue (APN 0141-342-04). Council Member/Commissioner Derry stated that he would abstain from voting on this matter due to the fact that he is employed by Southern California Edison. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-418 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 13. RES. 2007-419 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the final map for Parcel Map No. 17235, located on the southeast corner of Tippecanoe Avenue and Harry Sheppard Boulevard in the OIP, Office Industrial Park land use district, and accepting the public dedications as set forth on said map. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-419 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 10/15/2007 14. RES. 2007-420 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Repipe - California, Inc. for sewer line rehabilitation by cured -in -place (CIPP) method, two locations in Sierra Way and one location in Northpark Boulevard (SW-E, SW07-04, SW07-05), per Project Plan No. 12148. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-420 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-421 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of 17 Motorola XTS 2500 portable radios from Motorola, Inc. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-421 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2007-427 - 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. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-427 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2007-422 - Resolution of the Mayor and Common Council authorizing the City Manager to execute the Third Amendment to Pahn Field Agreement relating to use of Palm Field for recreational purposes, and ratifying any action taken between February 1, 2007, and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 8 10/15/2007 Resolution No. 2007-422 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-423 - Resolution of the Mayor and Common Council authorizing the City Manager to execute a lease agreement between the City of San Bernardino and the Authority for the Handicapped of San Bernardino County for the lease of property known as 8088 Palm Lane on behalf of the City of San Bernardino Parks and Recreation Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-423 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007424 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a vendor service agreement and the issuance of a purchase order to Service Scape for the landscape maintenance of Assessment District No. 1042 - Shandin Hills Drive and Shady Creek Drive; and ratifying any action taken between October 1, 2007, and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-424 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2007-425 - A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $150,299.72 to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for three (3) 2008 Chevrolet 250OHD Extended -cab chassis and one (1) 2008 250OHD Std-cab chassis to be utilized by the Animal Control and Police Departments. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-425 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 10/15/2007 21. RES. 2007-426 — 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 $36,550.00 with two (2) one-year extensions at the City's option between the City of San Bernardino and Smithson Electric, Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for loop replacement services, labor, and materials utilized by the Public Services Department, Streets Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-426 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Public hearing for adoption of the Development Impact Fee Calculation and Nexus Report for the Updated Regional Circulation System Master Facilities Plan and approval of Amendment No. 1 to Resolution No. 2006-97 setting the new amount of the Regional Circulation System Development Impact Fees Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Carlos Rodriguez, Deputy Executive Officer for the Building Industry Association, Baldy View Chapter, 8711 Monroe Ct., Rancho Cucamonga, CA, commended the Council and staff for remaining proactive in identifying the needs with respect to infrastructure. He requested an opportunity to meet with staff as he has done in the past in order to clarify any questions relative to the rationale of the fee increase. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of November 5, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. 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) (Continued from October 1, 2007) 10 10/15/2007 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 Landscape Maintenance Assessment District). (23A) 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. (23B) Note: No resolutions were distributed with the backup materials. The hearing remained open. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of November 19, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. 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 (Continued from October 1, 2007) 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). (24A) 11 10/15/2007 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 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. (24B) Note: No resolutions were distributed with the backup materials. The hearing remained open. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of November 5, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2007-428 - 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. (Continued from October 1, 2007) Council Member/Commissioner McCammack stated that she was concerned about the potential of a duplication of services between MuniServices and Progressive. She stated that Progressive, the company the City Clerk's Office uses, is able to identify sellers that are not in compliance with the City's business license ordinances, which is what the City Clerk's Office currently does, and it also identifies unregistered sellers in the City who should be reporting sales tax. Council Member/Commissioner McCammack stated that the contract the City entered into with Progressive back in 2003 gives them the ability to check the gross receipts remitted to the State Board of Equalization, then the City Clerk's software has the ability to put the two together, and there is an immediate ability to audit business registration. She stated that this opened up a discussion as to how they could ensure that the Business Registration issue is fair and that there is 12 10/15/2007 an ability to make sure that the companies that are required to pay a certain amount of business registration fee are in fact doing so. Council Member/Commissioner McCammack stated that she hoped that Ways and Means would have an opportunity to meet with MuniServices, the Finance Director, the City Clerk, and the City Manager to make sure the City is getting the best bang for its buck on the Progressive side of the software. City Clerk Clark stated that Progressive Solutions provides information that shows if a business is paying tax to the State Board of Equalization, but is not registered in the City, enabling staff to follow up and register them and visa versa. She stated that if staff determines that an account is not paying tax, then they would follow up with that account as well. City Clerk Clark stated that Progressive has done some audits and last year over $100,000 was recouped from businesses that were reporting a different set of gross receipt figures to the State Board of Equalization. Council Member/Commissioner Brinker stated that he wanted to get more information on this topic and he questioned whether they should have a study session at some point to in more detail talk about how this process works. Mayor/Chairman Morris recommended that Council Member/Commissioner Brinker speak to staff first and then, if necessary, they could schedule a workshop. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-428 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. UUT Ballot Measure Note: No backup materials were distributed. Mayor/Chairman Morris stated that this item was not ready to move forward. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of November 5, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13 10/15/2007 27. Public Comments Anthony Garacci, 966 W. Crescent Avenue, San Bernardino, CA, has done some research and has found out that within the last 20 years the City Attorney has spent $1.5 million going after parolees. He stated that he is trying to figure out where this money is coming from and why the City is so broke that they can't fix the roads. He asked why the spending by the City Attorney and the City Manager is not being audited. Jaime Alvarez, 1245 Knoll Avenue, Redlands, CA, stated that on September 14, 2007, all the criminal charges against his family were dropped by the County District Attorney's Office and that the criminal case is closed. He stated that they have a civil case that's now pending that will become active. He provided the Council Members with an information packet and a documentary DVD and requested that they look at the evidence because he believes people were misled about his family's conduct. Tom Kanavos, 1962 Turrill Avenue, San Bernardino, CA, stated that according to Mr. Penman's last debate he made reference to parolee housing, stating that there were laws on the books that were applicable to sober living facilities that house parolees; however, there could be nothing further from the truth. He stated that Mr. Penman has misled the City Council and the Police Chief as to the application of the Residential Care Facilities State Law Act. He has applied Health and Safety Code 1501, which only mentions mentally ill, developmentally ill, or children and the elderly, which would require personal care services. He has applied this to parolees in the manner of saying that they can only have six per address, and if you exceed that six per address, you must have a permit. This information was given to the Police Department and was used to close down sober living homes where there are no State or local mandates to do so. He stated that AB724, which regulates sober living homes, is still in committee, and there are no other laws governing sober living homes for parolees or addicts. Mr. Kanavos stated that Mr. Penman has subjected the City to major legal liability using these laws knowing that they don't apply to parolees or to recovering addicts. He noted that Mr. Penman had also stated that Los Angeles County parolees are being dumped in San Bernardino by the Parole Department, which is ridiculous, as there is a State law that prohibits this. No parolee can be placed in another county unless he has a residence, a job, or family members in the community, and even then the Parole Department could still deny the transfer application. Kerry Peterson, P.O. Box 6613, San Bernardino, CA, stated that he came to the meeting to orally apply for a position as poet laureate, so he brought some of his pieces, which are on display in museums throughout the nation. 14 10/15/2007 Reverend Reginald Beamon, 1730 W. Gilbert Street, San Bernardino, CA, Co- founder of Mynisha's Circle, spoke about HR 1069 (Mynisha's Law), a gang prevention bill sponsored by Congressman Joe Baca in the House and by Senator Barbara Boxer in the Senate, which was incorporated into a larger gang bill sponsored by Senator Diane Feinstein (Senate Bill 456), which passed the Senate on September 21, 2007. Mynisha's Law would allow the Attorney General to establish a Federal Gang Task Force, which would create a comprehensive national gang prevention strategy that would focus on all aspects of the fight against gangs from at -risk youth to intervention and literacy, employment and community policing. Dr. Dean Hunt, Sumner College of Health Sciences, 1668 Plum Lane, Redlands, CA, announced that the school, which is scheduled to open in February, is a stand-alone graduate degree granting program in nurse anesthesia. He stated that because they are interested in getting at -risk high school students interested in the health care professions, they will be opening up a free clinic in the City of San Bernardino that will be run by at -risk high school students. Rinea Lucia, P.O. Box 864, Yucca Valley, CA, asked for a new animal shelter to replace the current one which is 50 years old and because it is so old it can no longer be sanitized, the animals are overcrowded, and there is no veterinarian on staff. James Smith, 1156 E. 24th Street, San Bernardino, CA, stated that the Bicentennial Ad Hoc Committee and the Historical Preservation Commission have held their first meetings. He invited the public to attend the next meeting of the Bicentennial Ad Hoc Committee, which will be held on October 24, 2007, and the next meeting of the Historical Preservation Commission, which will be held on October 29, 2007. 28. Adjournment At 5:15 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 5, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 28 No. of Hours: 3.7 RACHEL G. CLARK City Clerk By Linda Sutherland Deputy City Clerk 15 10/15/2007