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COUNCIL MEMBER ESTRADA RETURNED
Council Member Estrada returned to the Council Meet-
Ing and took her place at the Council Table.
ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING CHAPTER 8.72 OF THE SAN BERNARDINO
MUNICIPAL CODE, REGULATING SMOKING IN PUB-
LIC PLACES AND PLACES OF EMPLOYMENT. (33)
City Clerk Clark read the title of the ordinance.
Council Member Flores made a motion, seconded by
Council Member Maudsley and unanimously carried, that
further reading of said ordinance be waived.
The Mayor and Council discussed the provisions in the
proposed ordinance, particularly those contained in Sec-
tion 8.72.030 C. which pertains to City Hall, and specify
that smoking is prohibited in all areas of City Hall. It
was pointed out that those who wished to smoke would
either go outside to smoke, thus littering the area with
butts and ashes, or would smoke illegally in rest rooms or
other locations.
City Attorney Penman answered questions and made
suggestions as to how the ordinance could be amended to
allow smoking in certain areas in City Hall
Council Member Pope-Ludlam made a motion, seconded by
Council Member Miller, that said ordinance be referred to
the Legislative Review Committee for refinement. (See
vote, page 26)
Mayor Wilcox stated that a public hearing had been
held and it had been agreed to bring Ordinance No. 1 back
for adoption, as there had been sufficient discussion
regarding the ordinance. She felt that action should be
taken today to put the ordinance into effect.
The Council discussed the ordinance further and the
difficulties of enforcement in City Hall where certain
other fire safety regulations are not being enforced.
City Attorney Penman answered questions regarding
smoking regulations in nonprofit entities such as the
Boys' Club, where separate areas for smoking can be estab-
lished.
The motion to refer the ordinance to the Legislative
Review Committee failed by the following vote: Ayes:
Council Members Estrada, Pope-Ludlam, Miller. Noes:
Council Members Reilly, Flores, Maudsley. Absent: Council
Member Minor.
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City Attorney Penman answered questions regarding
amending the ordinance by interdelineation to provide
certain areas in City Hall in which smoking would be
allowed.
Council Member Estrada made a motion, seconded by
Council Member Reilly and unanimously carried, that said
ordinance be brought back to the meeting of the Mayor and
Common Council on April 4,1988, in the Council Chambers
of City Hall, 300 North "0" Street, San Bernardino, Cali-
fornia, with changes made by the City Attorney.
PROTEST HEARING - UNDERGROUND UTILITY DISTRICT
NO. 13 - DOWNTOWN, FROM THIRD STREET TO FIFTH
STREET AND 1-215 TO WATERMAN AVENUE - CONFIRMA-
TION OF ASSESSMENTS - CONTINUED FROM EARLIER IN
THE MEETING
This is the time and place continued to for a hearing
to consider protests regarding Underground Utility Dis-
trict No. 13 located in the downtown area, from Third
Street to Fifth Street and 1-215 Freeway to Waterman Ave-
nue, and to confirm assessments. (See page 10) (15)
Earlier in the meeting Ken Henderson, Director of
Community Development Department, agreed to meet with Mrs.
Louise Bailey and her granddaughter, Peggy Marinello, to
determine whether or not Mrs. Bailey would be eligible for
assistance in paying her assessment on her property lo-
cated at 143 E. Fifth Street.
Mr. Henderson reported that Mrs. Bailey was eligible
for assistance, and that the necessary documents to pay
the $1,433 assessment would be executed on March 28, 1988.
City Attorney Penman requested that the protest by
Mr. Saldecke be continued to the meeting of April 4, 1988.
City Clerk Clark raised the question of whether or
not all protests should be in writing, and suggested that
in the futurethe protest hearing be kept separate from the
adoption of the resolution.
City Attorney Penman agreed to research the question.
Council Member Flores made a motion, seconded by
Council Member Reilly and unanimously carried, that the
hearing be continued to Monday, April 4, 1988, at 10:00
a.m., in the Council Chambers of City Hall, 300 North "0"
Street, San Bernardino, California, to further consider
the protest filed by Chris Saldecke, 355 North Sierra Way.
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