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HomeMy WebLinkAbout10-26-1987 Minutes City of San Bernardino, California October 26, 1987 This the time and place set for an Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino at their Regular Meeting held at 9:06 a.m., on Monday, October 19, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. The City Clerk has caused to be posted the Notice of Adjournment of said meeting held at 9:06 a.m., Monday, October 19, 1987, and has on file in the Office of the City Clerk an Affidavit of said posting together with a copy of said Order which was posted at 9:30 a.m., Tuesday, October 20, 1987, in a conspicuous place on the door of the place at which the meeting of October 19, 1987, was held. The Adjourned Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Pro Tempore Flores at 9:07 a.m., Monday, October 26, 1987, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. INVOCATION The Invocation was given by Richard Bennecke, Execu- tive Assistant to the Mayor. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Maudsley. ROLL CALL Roll Call was taken by the Ci ty Clerk with the fol- lowing being present: Mayor Pro Tempore Flores, Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope- Ludlam, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Mayor wilcox. BRIEF COMMENTS BY GENERAL PUBLIC There were no comments by the General Public. (A) PUBLIC HEARING - REGULATION OF SMOKING IN PUBLIC PLACES OF EMPLOYMENT This is the time and place set for to consider the regulation of smoking in employment. a public hearing public places of (1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REGULATING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT. (Two versions of the ordinance were presented - one a model ordinance prepared by the San Bernardino County Clean Indoor Air Coalition for Non Smoking, and a draft of an ordinance prepared by the City Attorney's Office) Mayor Pro Tempore Flores opened the hear ing and re- quested that comments be limited to approximately three minutes. Tom Davis, Vice President of the American Lung Asso- ciation for Inyo, Mono and San Bernardino Counties, a mem- ber of the Board of Directors, and a partner of the law firm of Wilson, Borror, Dunn and Scott, stated he was a smoker, but would yield his rights to non-smokers where there was a confl ict wi th the health or safety of non- 1 10/26/87 smokers. It was his opinion that the proposed Model Ordi- nance was self enforcing. He urged that the Council pass the most comprehensive ordinance possible. Dr. Thomas Timmreck, Professor at California State University, San Bernardino, Department of Health Science, and a resident of the Fifth Ward, stated he was in favor of the more comprehensive Model Ordinance. He stated that the main issue would be the enforcement of the ordinance, as there are no doubts about the health benefits to be de- rived from a no smoking ordinance. He stated that the enforcement issue could be handled by signs and other communication in a self-policing manner and that people would be willing to comply. Marcia Lentz, a Registered Nurse, and President of California Nurses Association, Region Four, stated that the Association had voted to support the Model Ordinance and urged the Council to adopt said ordinance. Renee Hills, a Registered Nurse, and President of the American Lung Association of Inyo, Mono and San Bernardino Counties, cited the dangers of smoking and breathing of slip stream smoke by non-smokers, and urged the Council to enact the Model Ordinance. Anthony Trozera, owner of the Mug Restaurant for 38 years, stated there is more health risk from automobile emissions than from smoking, and recommended that the fairer version of the ordinance drafted by the City At- torney be considered. Howard Littlefield, a 25 year resident of San Bernar- dino, spoke in favor of the Model Ordinance. As a former San Bernardino County employee, he had worked with this same question. He explained that an important issue that was considered in the County's adoption of a non-smoking ordinance was the threat of lawsuits that could be filed if a smoke free environment were not provided. It was his opinion that the Model Ordinance does work and strongly urged the Council to adopt it. MAYOR WILCOX ARRIVED At 9:25 a.m., Mayor wilcox arrived at the Council Meeting. Larry Sharp, Vice President of Governmental Affairs, San Bernardino Area Chamber of Commerce, stated that the Chamber of Commerce agreed that smoking is a significant heal th problem, but that enforcement and compl iance is directed toward government and business. Many businesses are already complying because they recognize the need. The Chamber of Commerce would prefer not to have an ordinance, but is supporting the ordinance that was written by the City Attorney's Office. Mr. Sharp stated that many small businesses would be negatively impacted by the proposed ord inance and recommended tha t bus inesses wi th four or five employees or less, be exempted. Ed O'Neal, a resident of Grand Terrace, recommended the adoption of the Model Ordinance. He spoke of a simi- lar ordinance that was adopted in Riverside County and Grand Terrace, and stated there had been no enforcement costs. As a Field Representative for Supervisor Riordon, he was familiar with the non-smoking ordinance recently adopted by the County of San Bernardino, and again, there were no problems with enforcement or implementation. 2 10/26/87 Terry Reynolds, M.D., Past President of the San Ber- nardino County Medical Society, and Past Chairman of the State-Wide Cancer-Tobacco Task Force of the American Can- cer Society of the State of California, stated that the California Medical Society urged that by the year 2000 there be a tobacco free society. He stated that the im- portant issue being faced is the heal th of the ci ti zens, and it is appropr ia te to pass an ord inance that protects the health of the people in this City. He explained that the vast majority of smokers would like to give up smok- ing, so by creating fewer places in which to smoke, the City would be assisting them as well as non-smokers. Hy Weitzman, representing the California Restaurant Association, stated that smoking is a personal choice, and urged the Council to endorse the more moderate ordinance as written by the City Attorney's Office, which doesn't call for a 50-50 smoking, non-smoking split in restaurants as the other ordinance does. He recommended that there be no smoki ng in publ ic places, such as Ci ty Hall and tha t employers should have a smoking policy. As a Member of the Chamber of Commerce U. S. Governmental Affairs Commit- tee, he urged the Council to endorse the Ordinance written by the City Attorney. Laveda Drvol, explained that as a former student at California State University of San Bernardino, she was part of a group that was able to change a pOlicy that allowed smoking in halls on Campus which had caused great distress to many non-smokers. Over 1,000 signatures were easily obtained from those who wished to change the pol- icy. She felt that smoking invades everyone's environment and is a dangerous pollutant. Dr. Cindy Paxton, Department of Health Science, Cali- fornia State University, San Bernardino, spoke in support of the rights of the majority of citizens who do not smoke. She stated that the enforcement of the no smoking pol icy in halls on campus was easy. Students were asked to put out their cigarettes, and generally they would cooperate. She strongly supported the passing of the Model Ordinance. Walt Bilofsky, President, Americans for Non-Smokers' Rights, stated he would like to emphasize that the object of this ordinance is not to prevent smokers from harming themselves, but to prevent smokers from harming non- smokers nearby. It was his opinion that smoking is not a ma tter of personal cho ice, as eveyone in a closed area with a smoker is affected. Mr. Bilofsky stated that the Model Ordinance is well tested, as there are over 125 ordinances in the State of California which restrict smoking. Mr. Bilofsky answered questions regarding his exper- tise in the field of smoking. City Attorney Penman spoke regarding the manner in which the City Ordinance would be enforced - vigorously, by the City Attorney's Office. Mr. Bi lofsky repl ied to Mr. Penman's remarks on en- forcement. Mr. Burton Wilcke, San Bernardino County Department of Public Health, stated that people spend 90% of their time indoors and there are 300,000 tobacco related deaths each year. He spoke in favor of the Model Ordinance. 3 10/26/87 Diane Garlock, owner of Love's Restaurant, explained why she is opposed to the Model Ordinance. It would be impossible to change her restaurant without major rebuild- ing, in order to accommodate non-smokers. She stated she had installed a very expensive air filter for the conven- ience of all the customers and employees. Mr. Caywood Borror, Attorney in the firm of Wilson, Borror, Dunn and Scott, stated he felt that the Ordinance written by the City Attorney provided for non-smoking in private offices. He felt that since he pays the rent, he should be allowed to smoke in his own offices. He objected to the requirement of posting a non-smoking sign wherever smoking is controlled by the ordinance. It was his inter- pretation that the ordinance applies to all businesses, and therefore is very intrusive. City Attorney Penman answered questions, stating he was directed to prepare this ordinance, but in his opinion it is almost unenforceable, and there would probably be a number of challenges. However, if enacted, he would aggressively enforce it. He stated he did not agree with Mr. Borror's interpretation that smoking was prohibited in private offices. In talking to City Attorneys in other cities having such an ordinance, Mr. Penman explained that the consensus is that they are undesirable and difficult to enforce. Mr. Borror answered questions, stating that whatever the hazards, he didn't think it was justifiable to over- ride the long established rights of employers to dictate in private business. Dr. Lawrence Raphael, President of the San Bernardino Chapter of The American Heart Association, explained var- ious sections of the Model Ordinance and stated that pri- vate residences are exempted. He spoke of other cities that have passed similar ordinances and felt that enforce- ment would not be a problem, because of a change of public attitude regarding smoking. Dr. Lawrence Raphael answered questions. Anthony Trozera, owner of the Mug Restaurant, 1588 W. Highland Avenue, objected to others who have not made a financial investment in business, telling him what to do in his business, even though he has made the investment in time and money. Dr. Thomas Timmreck, Professor at California State University, San Bernardino, spoke against the City Attor- ney's Draft Ordinance, and his remarks on enforcement problems. He suggested that a strong ordinance is needed to improve San Bernardino's image. City Attorney Penman explained that the proposed ordinance had been drafted by Deputy City Attorney Wilson and he had reviewed it this morning, and defended the City's image. Mayor Wilcox also defended the City's image and stated that tax revenues indicate that restaurants are doing well in this City. Council Member Minor Counc il Member Pope-Ludlam public hearing be closed. made a motion, seconded by unanimously carried, that the City Attorney Penman answered questions regarding enforcement of the proposed ordinance, and the number of 4 10/26/87 ordinances on the books that are unenforceable. He sug- gested that these laws be reviewed by the Mayor and Council with the hope that some of them can be rescinded. The Mayor and Council discussed the proposed draft ordinance, and the possibility of prioritizing various ordinances already on the books in view of enforcement. Council Member Pope-Ludlam made a motion, seconded by Council Member Estrada and unanimously carried, that the proposed ordinance regarding non-smoking regulations be referred to the Legislative Review Committee, with a report back at the meeting of December 21, 1987, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECESS MEETING - CLOSED SESSION At 11:15 a.m., Council Member Estrada made a motion, seconded by Council Member Flores and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council recess to a Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney re- garding pending litigation to which the City is a party as follows: (2) Saldecke, et al vs. City of San Bernardino, et al -San Bernardino Superior Court Case No. 236836; City of San Management, Inc. Case No. 238755; Bernardino vs. California Construction et al San Bernardino Superior Court Cable Lakes Common Council et No. 238714; Associates vs. City of San Bernardino al - San Bernardino Superior Court Case DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 214093; DeTinne vs. City of San Bernardino - San Bernardino Superior Court Case No. 222068; Kaplan vs. City of San Bernardino, et al - San Ber- nardino Superior Court Case No. 225490; Wales vs. City of San Bernardino, et al - San Ber- nardino Superior Court Case No. 220344; Rush vs. Haight, et al Court Case No. 232660; San Bernardino Superior San Bernardino Valley Municipal Water District vs. All Interested in South Valle - San Bernardino Superior Court Case No. 224322; San Bernardino Municipal Water District vs. RDA and City - San Bernardino Court Case No. 223718; San Bernardino Municipal Water District vs. Tri-City Project - San Bernardino Superior Court Case No. 219711; Barry Malleck vs. City of San Bernardino, et al Federal District Court Case No. 87-1615 AWT (BX); Barrett, Inc., vs. City of San Bernardino, et al - San Bernardino Superior Court Case No. 239913; Walker vs. City of San Bernardino - San Bernardino Superior Court Case No. 237618; 5 10/26/87 City of San Bernardino, et al vs. the San Manuel Band of Mission Indians, et al - Case No. CV-85-6899 WJR. CLOSED SESSION At 11:15 a.m., the Closed Session was called to order by Mayor Wilcox in the Conference Room of the Council Chambers of City Hall, 300 North "D" Street, San Bernar- dino, California. (2) ROLL CALL Roll Call was taken with the following being present: Mayor Wilcox; Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney Pen- man, City Administrator Schweitzer. Absent: City Clerk Clark. Also present: Attorney Richard Terzian. COUNCIL MEMBER POPE-LUDLAM EXCUSED At 12: 05 p.m., Council Member Pope-Ludlam left the Closed Session. ATTORNEY TERZIAN At 12:13 p.m., Session. EXCUSED Attorney Terzian left the Closed COUNCIL MEMBER ESTRADA EXCUSED At 12:20 p.m., Council Member Estrada left the Closed Session. ADJOURN CLOSED SESSION At 12:40 p.m., the Closed Session adjourned to the Adjourned Regular Meeting of the Mayor and Common Council in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RECONVENE ADJOURNED REGULAR MEETING At 12:40 p.m., the Adjourned Regular Meeting of the Mayor and Common Council reconvened in the Council Cham- bers of City Hall, 300 North "D" Street, San Bernardino, California. ROLL CALL Roll Call was taken by the Ci ty Clerk wi th the fol- lowing being present: Mayor Wilcox; Council Members Reilly, Flores, Maudsley, Minor, Miller; City Attorney Penman, City Clerk Clark, City Administrator Schweitzer. Absent: Council Members Estrada, Pope-Ludlam. AMBER HILLS PROJECT - HIRING OF CONSULTANT Council Member Minor made a motion, seconded by Council Member Miller and unanimously carried, to approve the hiring of an engineering consultant on the Amber Hills Project relating to the case entitled City of San Bernar- dino vs. California Construction Management, Inc. et al - San Bernardino Superior Court Case No. 238755. ADJOURNMENT At 12: 45 p.m., Council Member Reilly made a motion, seconded by Council Member Minor and unanimously carried, that the Adjourned Regular Meeting of the Mayor and Common Council be adjourned. ~.0?a.-~&,/ / City Clerk No. of hrs.: 3~ No. of items: 3 6 10/26/87