HomeMy WebLinkAbout04-18-1991 Minutes
City of San Bernardino, California
April 18, 1991
This is the time and place set for an adjourned regular
meeting of the Mayor and Common Council of the City of San
Bernardino at the adjourned regular meeting held at 10:00 a.m.,
Wednesday, April 17, 1991, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
The City Clerk has caused to be posted the Order of
Adjournment of said meeting held on April 17, 1991 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 3:30 p.m.,
Thursday, April 18, 1991, on the door of the place at which said
meeting was held.
The adjourned regular meeting
Council was called to order at 7: 00
1991, by Mayor Holcomb at the Sturges
Street, San Bernardino, California.
of the Mayor and Common
p.m., Thursday, April 18,
Auditorium, 798 North "E"
ROLL CALL
Roll call was taken by City Clerk Krasney with the following
being present: Mayor Holcomb; Council Members Maudsley, Minor,
Pope-Ludlam, Miller; City Attorney Penman, City Clerk Krasney.
Absent: Council Members Estrada, Reilly, Flores; City
Administrator Edwins.
INVOCATION
The invocation was given by Reverend Mark Lambert, Judson
Baptist Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Council Member Norine
Miller.
PUBLIC HEARING - TO DISCUSS ESTABLISHING AN OBSCENITY
FREE, GRAFFITI FREE, DRUG FREE, GANG FREE COMMUNITY
(1)
This is the time and place set for a public hearing to
discuss establishing an obscenity, graffiti, drug, and gang free
community.
Mayor Holcomb welcomed the audience and encouraged those
attending to express their thoughts and suggestions on how to
create an obscenity, graffiti, drug, and gang free community.
Mayor Holcomb opened the hearing.
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Mayor Holcomb explained that San Bernardino County District
Attorney Dennis Kottmeier prosecuted obscenity cases provided
that there was necessary evidence to make a case under current
constitutional laws.
San Bernardino County District Attorney Dennis Kottmeier,
explained the laws regarding obscene and pornographic materials.
He explained the types of pornography and obscenity cases that
can be taken to trial, and the problems inherent to these cases.
He explained the standards that relate to obscenity and
pornography trials. There are community standards that are
different from the statewide standards. The statewide standards
are the standards currently being applied in criminal court.
Therefore, when obscenity and pornography cases are tried in San
Bernardino County, there are experts from San Francisco,
Hollywood, Los Angeles and other areas who testify relative to
the statewide standards that are being applied to San Bernardino
County.
Mr. Kottmeier explained that one problem in prosecuting
obscenity cases is that no specific vocabulary exists for this
legal field; therefore, it is difficult to find common ground
relative to what constitutes obscenity and pornography.
District Attorney Kottmeier read several sections of the
Penal Code that related to pornographic materials. He explained
that it is difficult to protect minors from pornographic
materials when they are currently available at many different
locations, such as video rental stores, liquor stores, and
convenience stores.
Mr. Kottmeier expressed concern regarding the lack of
resources to effectively deal with the issues relating to
obscenity at the local level. He stated that the County and City
of San Bernardino should participate in training a law
enforcement officer who would be an expert in all aspects of
obscenity and pornography. He stated that additional funding is
needed at the local level for law enforcement experts and
prosecuting attorneys. He felt that citizens should unite to
make their elected representatives aware of their concerns
relating to obscenity and pornography in the community.
Mayor Holcomb thanked District Attorney Kottmeier and
encouraged individuals to contact their congressional
representatives to express support for providing assistance to
local governments in their efforts to establish obscenity,
graffiti, drug and gang-free cities.
Mayor Holcomb
explained that Mr.
gangs and blight in
introduced City Attorney James Penman and
Penman has worked aggressively to eradicate
San Bernardino.
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4/18/91
City Attorney Penman stated that he has personally seen the
impact of obscene and pornographic materials on the community.
He stated that several years ago as Director of the Home of
Neighborly Services on Mt. Vernon Avenue, he confronted a
prostitution problem in the area of the Home of Neighborly
Services. He explained that at the time his strategy was to have
a staff member photograph and write down the license plate number
of the vehicle, each time a vehicle would stop one of the
prostitutes. The staff member would inform the person in the
vehicle that a letter would be sent to the registered owner of
the vehicle, outlining the date, time, and that the individual
in the vehicle was picking up a prostitute. He stated that in
time the prostitutes left the area surrounding the settlement
house. Mr. Penman stressed that he was not advocating that this
strategy be used today.
Mr. Penman explained that the City of San Bernardino has a
strong zoning ordinance relative to adult bookstores and
theaters. He stated that the City no longer has the large number
of adult businesses that it had many years ago. He explained the
outcome of a recent lawsuit that the City won against the
operator of a topless bar for operating a business without the
proper permits and licenses.
City Attorney Penman stated that the City of San Bernardino
was taking steps to create a drug, gang, graffiti, and obscenity
free community. He stated that an important key to success is to
have a greater understanding of the problem with our elected
representatives in Sacramento and Washington D.C. He stated that
there needs to be laws that are clear and enforceable, and more
prosecutors to handle the cases.
City Attorney Penman explained that the City attempts to
close down motels and apartment complexes where gang and drug
activities are found. He stated that the City does everything
legally possible to rid the City of gangs and drugs.
Mr. Penman stated that the City recently adopted a new
Development Code which reduced, to two, the land use zones where
an adult business can operate. He felt that progress has been
made with this zoning action; however, there was still much work
to be done in this area.
Mr. Penman thanked those in attendance for their support,
and encouraged their continued efforts to create a drug, gang,
graffiti, and obscenity-free community.
Mayor Holcomb introduced Chief Daniel Robbins, San
Bernardino Police Department, and explained that Chief Robbins is
both a dedicated citizen and volunteer to many worthwhile causes
in the community.
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4/18/91
Chief Robbins explained the actions that the San Bernardino
Police Department has taken since 1975 to close adult theaters.
He explained that in the mid-1970's the Police Department
utilized community standards to deal with obscenity; however, the
department must now operate under the statewide standards. The
statewide standards make it more difficult for law enforcement
agencies to take an aggressive stand against adult businesses.
He explained that the additional funding is needed for more
aggressive law enforcement against adult businesses. Chief
Robbins explained that agencies such as the Police Department,
District Attorney's Office, City Attorney's Office and Mayor and
Common Council cannot eradicate obscenity and pornography alone.
He stated that to be successful in eradicating obscenity,
pornography, gangs and drugs all of these agencies and the
citizens must form an active partnership to complement and
coordinate law enforcement in dealing with the problems created
by drugs, gangs and pornography. Chief Robbins introduced Lt.
Dave Snell, the officer in charge of the Vice/Narcotics unit of
the San Bernardino Police Department.
Lt. Dave Snell, San Bernardino Police Department, gave an
overview of the vice unit and its efforts in eliminating
pornography. He stated that the Vice Unit handles crimes
relating to prostitution, pornography, gambling, escort services,
and violations in live entertainment establishments. He stated
that the Vice Unit makes periodic inspections of the one adult
theater, and three adult bookstores in the City of San
Bernardino. The officers check for lewd conduct which may occur
in the establishment, or in the parking area of these businesses.
Lt. Snell explained that the San Bernardino Police
Department recently surveyed thirty-two businesses located in the
city. These businesses were primarily convenience stores, liquor
stores and newsstand type stores. He explained that in
seventeen of those stores only the normal magazines were present;
however, at six locations material was confiscated for evaluation
by the Police Department and the District Attorney's Office.
Lt. Snell explained that the City of San Bernardino has a
blinder rack ordinance which stipulates that "any person who
knowingly displays material which is harmful to minors, in a
public place, other than a public place for which minors are
excluded, shall place devices commonly known as blinder racks in
front of the material, so that the lower two-thirds of the
material is not exposed to view." He encouraged citizens to
report any vice violations to the Vice Unit of the San
Bernardino Police Department.
Mayor Holcomb thanked everyone instrumental in organizing
this meeting, and encouraged citizens to get involved in efforts
to create a drug, gang, graffiti, and obscenity free city.
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Mayor Holcomb introduced Pastor Richard Elwell, University
Park Christian & Missionary Alliance Church. Pastor Elwell
stated that several individuals were present to speak about the
various aspects of creating obscenity-free communities.
Pastor Elwell encouraged people to act on an individual and
corporate basis to eliminate obscenity and pornography in our
communi ty. He suggested that when a store sells pornographic
materials, that you tell the store owner/manager that you will
not patronize their store because they sell pornographic
materials. He encouraged individuals to communicate their
opposition to the sale of obscene and pornographic materials to
their elected representatives. He stated that Senator Ayala was
currently co-sponsoring an Assembly Bill that would fight
pornography, and he encouraged everyone to support Senator
Ayala's efforts.
Pastor Elwell played a videotape from the Attorney General's
Office in Washington D.C. explaining what the federal government
was currently doing in the area of obscenity prosecution.
Bob Spitz, Executive Director, American Freedom Coalition,
stated that he has been working for approximately four years
researching the legal and social issues of obscenity and
pornography. He supported the City of San Bernardino's efforts
to have a drug, gang, graffiti, and obscenity-free city. He
explained several legal issues relating to obscenity and
pornography, and the First Amendment. He stated that obscenity
was not protected under the First Amendment.
Mr. Spitz stated that the right to freedom of speech for
legitimate media outlets, such as publications, radio stations,
and newspapers, would not be threatened if action was taken to
reduce obscenity and pornography. He stated that the American
Freedom Coalition focuses strictly on adult businesses dealing in
materials that are legally obscene, and illegal under the First
Amendment.
Mr. Spitz stated that the City of San Bernardino has one of
the best zoning laws in the country. He explained that if a City
is serious about regulating adult businesses, there are three
areas in which they can begin to act: 1) zoning, 2) licensing
and regulatory laws, and 3) active law enforcement. He stated
that San Bernardino has regulations, but not the maximum allowed
by recent Supreme Court decisions.
Mr. Spitz recommended the following seven ways to discourage
adult businesses from locating within the City of San Bernardino,
and requested that the Mayor and Common Council consider these
suggestions:
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1) That adult businesses located in zones other than the two
permitted by the City's zoning ordinance, be given a
specific period of time in which to relocate to one of the
two zones permitted;
2) When adult businesses are clustered together crime
increases in the area. The Supreme Court allows cities to
enact special regulations over adult businesses in order to
alleviate the impact of criminal activity. Therefore, we
recommend that the City, in the proper zoning, stipulate
that an adult business can sell only one type of
pornographic material. For example, if the business sells
video tapes it could not sell books or magazines.
3) Enact a regulatory plan similar to the City of Dallas,
Texas. The plan would make it economically unfeasible for
adult businesses to operate in the City. The plan
stipulates that if a business commits a specific number of
misdemeanors within a specific period of time, that the
City can revoke the businesses license for a one-year
period. And that if the Police identify misdemeanors over a
specific period of time, violations which may include drug
sales, sexual activity, prostitution, solicitation, and
other related criminal activity, taking place on the
premises, that the business license would be revoked and the
business could no longer operate.
4)
Allocate city police resources to train
to work on investigations, and be
enforcement of violations occurring with
a full-time officer
aggressive in law
adult businesses.
5) The County and City of San Bernardino should adopt parallel
regulations relating to adult businesses. There should be
cooperation and communication between the City and County in
their efforts to eliminate adult businesses. Mr. Spitz
recommended that the City adopt a resolution requesting that
the County enact a parallel set of regulations as the
City's.
6) To the extent possible, no minor should have access to
pornographic or obscene material. Pornographic materials
should be sold only when supervised by an adult. There
should be an ordinance to prohibit minors from having access
to pornographic materials.
7) Establish a commission or task force to gather information
relating to the harmful effect that adult businesses have on
the community, to effectively regulate them. The Mayor and
Common Council, Police Department, and residents should
develop a relationship to monitor the impact adult
businesses have on the community.
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4/18/91
Dr. Gloria Cowan, Professor of psychology, California State
University, San Bernardino, stated that she researches the area
of obscenity, and spoke regarding how obscenity affects a
community. She explained that the right of free speech contains
a responsibility to others, since there is no freedom without
responsibility. She presented statistics on sexual crimes toward
women in our society. She stated that pornography creates a
callous, disrespectful attitude toward women, and was degrading
and dehumanizing. She stated that viewing pornography leads to
aggressive behaviors, and desensitizes people to acts of
violence, and interpersonal violence.
Dr. Cowan stated that the Attorney General's Commission
found that in geographic areas where the laws against
pornography are weak or not enforced, the pornographic materials
found in businesses were more extreme and graphic in its
depictions of torture, masochism, defecations and simulated child
pornography. She stated that in geographic areas where law
enforcement is more aggressive toward adult businesses the
material is less graphic.
Mayor Holcomb stated that he
recommendations made this evening,
County Board of Supervisors to adopt
strong as the City of San Bernardino's
would follow up on all
including requesting the
an obscenity ordinance as
ordinance.
Mayor Holcomb requested that Pastor Elwell form a community
ad hoc commission and recruit members to serve in the capacity as
recommended by Mr. Spitz.
Lou Yeager, San Bernardino Unified School District Board
Member, stated that the School Board supports the City's efforts
to educate children, and support moral values in the family and
community.
The following persons spoke in support of a drug, gang,
graffiti and obscenity-free community:
James M.
California.
Bennett,
5045 Sierra Road,
San Bernardino,
Tom WaIner, a resident of San Bernardino, California.
John B. Henley, Sr., 2680 E. Highland Avenue, #423,
Highland, California.
Jerry Williamson, a resident of San Bernardino, California.
Donna Walker, 812 North Road, San Bernardino, California.
Bill Shibley, Deputy Sheriff, County of San Bernardino,
California.
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4/18/91
Pastor Earl Gentner, Assembly of God, 1460 Marshall St.,
Redlands, California.
Sonja Nowack,
California.
444 W.
18th St.,
#4,
San Bernardino,
Pamela Franks, 2371 Mentone Boulevard, Mentone, California.
Dan Hazelton, representing the City of Ontario, California.
Bob Caddel, 1423 Morgan Road, San Bernardino, California.
Cathy Jones, of Redlands, California.
Bobby Huddleston, 17645 Dorsey Street, Fontana, California.
Virginia Hessler and Chris Ross, residence unknown.
Bill McCloud, Administrator, 9th Street Christian School,
Upland, California.
George Robbins, felt that individuals should request that
the County establish regulations restricting adult businesses and
attempt to close them down.
Pastor Allan Rosenberg, recommended that a
established to fund a full time trained police officer
year to work on the problems involving pornography, and
with the ad hoc commission. He offered a contribution
toward the fund.
fund be
for one
to work
of $200
Marianne Napoles, 3933 Bayberry Dr., Chino Hills, CA, stated
that she is a Co-Founder of the Chino Hills Chapter of the
American Family Association. She explained that she has been
active for approximately two years educating civic groups, City
councils, church groups and other organizations on the harms of
pornography. She stated that on Monday, April 29, 1991, at 9:00
a.m., Larry Walker, Chairman of the County Board of Supervisors,
would be issuing a proclamation relating to Pornography Week at
the request of a coalition of cities. The proclamation will be
issued in the Board of Supervisors Chambers in San Bernardino,
and she encouraged everyone to attend to show community unity
against pornography.
Mayor Holcomb closed the hearing.
There was no action taken on this item during this meeting.
CLOSED SESSION
The Mayor and Common Council did not recess
session during this meeting.
(2)
to closed
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ADJOURNMENT ( 3)
At 9:46 p.m., Mayor Holcomb adjourned the adjourned regular
meeting to 1:00 p.m., Monday, April 22, 1991 in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL KRASNEY
City Clerk
C(~ IJ~_
No. of Items: 3
No. of Hours: 2.5
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