HomeMy WebLinkAbout2007/11/07 - Agenda Packet - SpecialAGENDA
CITY OF RANCHO CUCAMONGA
CITY COUNCIL
SPECIAL MEETING
Wednesday, November 7, 2007 ~ 4:00 p.m.
Rancho Cucamonga Civic Center-Tri Communities Room
10500 Civic Center Drive 4 Rancho Cucamonga, CA 91730
A. CALL TO ORDER
Pledge of Allegiance
2. Roll Call:
Mayor Kurth
Mayor Pro Tem Williams
Councilmembers Gutierrez, Michael and Spagnolo
B. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the City Council on any Item listed or not listed on the agenda. State law prohibits
the Council from addressing any Issue not previously included on the Agenda. The Council may receive testimony and set the matter for a
subsequent meeting.
Comments are to be limited to five minutes per Individual or less, as deemed necessary by the Chair, depending upon the number of
Individuals desiring to speak. All communications are to be addressed directly to the Council, not to the members of the audience. This is a
professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker,
making loud noises, or engaging in any activity which might 6e disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this
one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further
speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda
commences. Any other public communications which have not concluded during this one hour period may resume after the regular business
portion of the agenda has been completed.
C. ITEM(S) OF BUSINESS
DISCUSSION OF ANTI-SMOKING REGULATIONS
D. ADJOURNMENT
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate
copy of the foregoing agenda was posted on November 1, 2007, per Government Code 54954.2 at
10500 Civic Center Drive, Rancho Cucamonga, California.
STAFF REPORT _
CITY Mr1N~1GER'S OFFICE
RANCHO
Date: November 7, 2007 ~UCAMONGA
To: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
From: Mahdi Aluzri, Deputy City Manager, Communit Development/~~1 \._
Fabian Villenas, Management Analyst III ~
Subject: Discussion of Anti-Smoking Regulations
Introduction:
This report is provided to offer the City Council background information on the harmful effects of
second hand. smoking and an overview of current anti-smoking regulations in various cities in
California. Cities throughout the state have adopted varying levels of regulations in addition to
State regulations which are primarily intended to control smoking in enclosed places of
employment. Mayor Kurth has asked staff to evaluate the City's current smoking regulations and
look at options for expanding them to cover areas beyond current State law. The Mayor asked that
this issue be brought forth for discussion and consideration by the City Council.
Background:
Secondhand smoke is a mixture of the smoke given off by the burning end of a cigarette, pipe, or
cigar, and the smoke exhaled by smokers. Secondhand smoke is also called environmental
tobacco smoke (ETS) and exposure to secondhand smoke is sometimes called involuntary or
passive smoking. Secondhand smoke contains more that 4,000 substances, several of which are
known to cause cancer in humans or animals. Secondhand smoke has been classified as a Group
A carcinogen under the Environmental Protection Agency's (EPA) carcinogen assessment
guidelines. This classification is reserved for those compounds or mixtures which have been shown
to cause cancer in humans, based on studies in human populations.
The hazardous effects of secondhand smoke are now well documented. The EPA has concluded
that exposure to secondhand smoke can cause lung cancer in adults who do not smoke. EPA
estimates that exposure to secondhand smoke causes approximately 3,000 lung cancer deaths per
year in nonsmokers. Second hand smoke has also been linked to heart disease, nasal sinus
cancer, sudden infant death syndrome (SIDS), asthma, and other respiratory illnesses.
Children are particularly vulnerable to secondhand smoke because they are still developing
physically, have higher breathing rates than adults, and have little control over their environments.
Secondhand smoke exposure increases the risk of lower respiratory tract infections such as
bronchitis and pneumonia and the Environmental Protection Agency estimates that between
150,000 and 300,000 of these cases annually in infants and young children up to 18 months of age
are attributable to exposure to secondhand smoke. The EPA estimates that 200,000 to 1 million
asthmatic children have their condition worsened by exposure to secondhand smoke and is a risk
factor for new cases of asthma in children who have not previously displayed symptoms.
DISCUSSION Of AN"fl-Sh10KING REGULATIONS PAGE 2
NOVEMBEx 7, 2007
Recognizing the harmful effect of secondhand smoking, the State in 1995 enacted legislation to
prohibit smoking in enclosed places of employment. Smoking regulations have expanded over the
years to include state parks and entrances to public buildings and most recently, the Governor
signed a bill that goes into effect January 2008 which prohibits smoking in vehicles when a minor is
present.
Smoking Regulations:
State regulations are primarily focused on enclosed places of employment. Smoking is prohibited in
virtually all indoor places of employment reflecting the state policy to protect against the dangers of
exposure to secondhand smoke. In addition, State law:
• Prohibits public school students from smoking or using tobacco products while on campus.
• Prohibits public school students from smoking or using tobacco products while attending
school-sponsored activities, or while under the supervision or control of school district
employees.
• Prohibits smoking within twenty-five feet of playgrounds and tot lots and within twenty feet of
the main entrances and exits of public buildings.
• Expressly authorizes local communities to enact additional restrictions
Currently, City Ordinances regulating smoking reflect state law with no additional local provisions. In
response to Mayor Kurth's request, staff conducted a survey of California cities' anti-smoking and
tobacco use regulations and the survey revealed a wide spectrum of restrictions running the gamut
from cutting-edge proposals of complete ban to more moderate public health protection regulations.
The attached chart summarizes the range of regulations which aim to limit tobacco use in enclosed
and un-enclosed places in all areas except for private residential units, certain rooms in hotels, and
retail stores that deal exclusively in the sale of tobacco products and tobacco paraphernalia.
A common theme for most of the surveyed cities is regulations that prohibit smoking in open
assembly places where a large number of people and children can' be present such as stadiums,
ticket lines, beaches, and parks. Rancho Cucamonga however, does not have any such regulations
in place although smoking is banned at places like the Epicenter as a matter of policy. Some cities
extended smoking ban to private property such as restaurant outdoor dining areas.
Examples of smoking bans that other jurisdictions have enacted for City Council consideration
include:
• Parks and recreation areas
• Sports arenas/stadiums
• Skateboard parks
• Beaches/piers (not applicable)
• Outdoor shopping centers, plazas, and public evens areas (such as Victoria Gardens)
• Outdoor lines/ticket waiting areas
• Personal elevators, escalators, and walkways
• Private property: outdoor patios and dining areas at restaurants and bars
DISCUSSION OI~ AN"r]-SbIGKING RBGULA'170NS
NOVG~IBL'R 7, 2007
Enforcement:
PAGIS 3
The two primary areas of enforcement are that for sale and consumption. On the sale side, the
Police Department enforcement focuses on referrals and active enforcement of the Penal Code
308.3, in which it is unlawful for any person, firm, or corporation to sell, give, or in any way furnish to
a minor any tobacco product or paraphernalia. Alcohol Beverage Control (ABC) Enforcement and
the Stop Tobacco Access to Kids Enforcement (STAKE)-State Program, as well as San Bernardino
County assist to varying degrees with monitoring the illegal sale of tobacco to minors. Some cities,
such as Glendale, have enacted additional regulations regarding the sales of tobacco and is an
option that the staff can further evaluate, if the City Council desires.
In 2004, the Police Department, City Manager's Office, and the Code Enforcement Division began
collaborating with the San Bernardino County Department of Public Health's Tobacco Use
Reduction Now (TURN) Program, which aimed at reducing the sale of tobacco to minors. A
cooperative City-County campaign was developed, utilizing television commercials on cable
television, articles in the City newsletter, use of the local RCTV-3 government channel, and
presentations to business leaders, tobacco retailers, educators, and youth. This campaign,
according to a survey completed by the County Public Health Department, led to a significant
reduction in illegal tobacco sales to minors.
On the consumption side, Code Enforcement response coordinates the enforcement of workplace
anti-smoking laws. Typically, on a complaint basis, Code Enforcement notifies owners and
managers of enclosed places of employment in writing of reported violations with letters outlining
the regulations and requiring compliance. Continued violators are subject to administrative fines or
prosecution. The Police Department takes the lead for enforcement during off hours.
Enforcement in the surveyed cities varied depending on the type of area regulated. In addition to
code Enforcement and Police, in some cities, park rangers, community service officials, as well as
city attorneys take the lead for enforcement of smoking regulations. Other cities where regulations
also cover private property other than public places, enforcement is largely the responsibility of the
property owner or they rely on self regulations (ie., pressure from citizens prevents smokers from
violating smoking restrictions).
Conclusion:
Should the City Council decide to expand the City's smoking regulations, staff suggests a phased
approach for implementation. To begin with, smoking prohibition could be expanded to cover public
open assembly areas where large crowds and children can be present such as parks, stadiums,
and other similar public events areas. Should the City Council wish to pursue an even more
comprehensive smoking ban, as a second phase, smoking prohibitions in open areas on private
property could be considered after completion of a study on any impacts to the City's enforcement
resources and the potential for economic disadvantage such prohibition may cause.
Below is a summary chart of fhe more innovative cities from our recent survey (additional informational and
ordinance sample are available as well for reference). This summary notes cities that include all provisions
of .State law, and in addition, provide regulations and/or are. consideriirg providing regulnlions.be~d. State
provisions.
I
Et ~~~,'~c yvf~
~~_'y'
~ i~V~~r~
,4tr r
Cay~.-~~
, ~ r,
i r 1
"~~~ t
Anaheim .(j...
~ '2`?''31.
~w xc
Parlgalq.
ty~
fbv
~~,,
Areal,~~#~,~#~~Y1
5~~N»M oLLI~DO[
pLfiofl q
ReatavarW
Bar Am[ o
r ,a.%a
Privates
~
man L t~k~{ ~,
~~ Ij ~
,
~~~
S rta
.e-..sue'
~•~
.
St,adit>m>f
~li~"~35;
X 1cb~~,,Y,,.~
~ 4^LT!1` ~i
has
p u Y„'",
~„•a
~Slmteboord
~
6~eP~arla '
~~['a
~~5~~.'~ ~ .~~':
3'.
t4. ~[r3D,I~Ild002:~
_
Sho
PPS
Floral
Yeador'/ d
~'
Pub
AronEk {~~
~
Oafdoor
~
~
eiet
Wdtlu~
a~ F',7$ ~ ~
~1;~
1+
~P(1pail~.
•-~
I EleruGOnl~
~cccr
Fitalaton/E
n
F6m~~ +/~ 4~
N4- 3 r't
~ v ~_ ~ ,y~
~,-r
i~~
' ...~
Mlaeellaveoaa
s" -
r ?""
t[3~~~ r v 't ti'
' r p
~v f ~
Complde
~
PmhIDltlov
~A'~
with mimrq
e[eeptbd
rx~ B'ia's
Belmom X
Bcvcrl HiILs X
Burbank X
Calabasas X X X X
Claremont X
Cohon X
Corona X
Davis X X X X X X
Fontana \ X
Gmnd Tcrtacc X
liunlington
Brach
X
X
Irvine X
Laguna Dnch X
La una Hills k X X
La una Niel - X
Laguna }Voods X \ X
Lake Forest X
Los Alamitos X
Los An eks X X
Montclair X
Moreno Valley X
Newport Deach X X
Ontario X X
Palo Alto X X X
Pasadrna X X
Pomona X
Redlands X X X X
Riverside
San Demardino
County
~
X
San Clemente X
San Dicga X X
San Francisco X X
San Luis
Obis o ` .\
Santa Clarila
SantaManica X X X X X
Seal Dcach X ~ ~ X'
Sunn aIc X X X X
Tcm«ula X X' X
Thousand Oaks X X
}'ucai a X'
Rancho
Cucamonga
To"tnl:li:~~wE:
,.i~_i:•21
':l~s:r-t:~;59
~s::~t~",~i8
'u"~~:~'1
i~$>Pd"3:7
°-s'Fis~i`!'F'-7,
i.'i~~i
i?C'~:I9
C<j.*s`r`ts°+'r3'?:+s5
Ea"~:.rf"+•"r~.'z2
~ .~
x7~
z~°
~~~
C~ ~
~~
,_.
,,
~'
~'
._
t
~~
~~
O~ ~~--
Oil
N''
~~
1~ '; '~--~. _
i ~~ ~ ~ ,~~
~J'
r'
,~~ '~~
O
Z'
Q
Vz
xpz
iU jo
:z
C
~~
~/
~'
~'
0
~~,~Ai
V•
3
V'
~.
~'~'
~I~
L
T,
V O_
~ }~
~
~ _
^` ~
i L
L ~
~_ _
•~
~ O U
~ ~ O
C
.
~ U C
O ~
~
~ U
L
~ -~'
U
0
~
c a~
~ L
n ^
'
~!J
O fn }+
~ O V~
~~ ^
'
W L
O
U N L O
O ~ ~ C ~-
m~ U w O
D ~ ~ D
C7
x7~
z ~o
~ ¢ :~
~~
~1
~!
~ ~~
0'
N
(~
~L
~~
O
\°
0
O
N
C
ca
N
O ~
~ ~
L '~
O ' ~
U
~ ~
-~
~
~ ~
\_
`~\~,_; O
~~, ~„
-_~~ -.
:-, i
-+--'
C
O;
~ti0
.~
~-
r
.~
O
•/
.~
'~
V J
N
C
(Cf
~~~~ ~~-
,~
~~ "~ /
~ N
,~ i- \
-~
-
,p
~`
W L
Q ~ U
L
~ O~-~ ^~,
Q W
~ L U
C +-' ~
~ N ~
~
N O
~ ~ ~
(Cf
i
r
i
~,
~:
O
tl
O
Y/
. ~~
Q
C7 ¢
xpx
iz~o
~¢~
4
~;~~
Q
- Q
a--~
~,~ C~
~~_. -~~
i~ N
~.. _ Q L (6
L -.
~H ~ ~ ~ ~~
O ~ ~
(n
W
~
~ ~
/~~~
/ ~ ~//
~ Y ~ ° ~ ~ o
~ c~ w O ~
L ~
~
O O
O ~
O i
O ~ U
~
~
U
~
~
L
U
X ~ ~ U O L ~
(n N ~ cn Q U (~ U
C7 <
x Oa
U jo
,~~/ U
w ~(~
O
~ ~
O ~ C
~ N 'O~
~ •~
- C ~
~ ~ .-
~~ .~ .tn O
'L\ ~ ~ ~
''
^
W , ~ ~
\~ ~ ~ ~ _
'
O \ L
~ U ~
_,--~
,\ /
O,
~
~~
~ - ,.
~ ~
~ ~
~ U ~
1
,
L ~~,
~\
O ~ / ~
~ 0 0~ U ~C
C O O ~ ~ O
O O - to ~
~ M M ~ ~ ~
L ~ ~ (~
,~ ~ ~
Y
O
L
U ~ ~ ~ ~ O
W w w ~ U O
c
n
~ ~
n ~ ~
~ /
/- ~~ ~.
U.
O
N m
~ ~ U
+-~ C ~N
~ ~ ~.
~ ,
L
,
O
-
~
r^
V J ^
I..L
. .
1
i~
V+\
O
~'~
~\
~~
~~.
~,
~'
~I
Q
C7 <
xOx
izzo
Q
~~
A
N
C ~
N
9
~~
a r
t
~~
a a
w ~
~o
Y O~
o a
E 1O
~I U
9 ~
r O
w 9
O
~
a
C ~
~ d O
m ~
f¢
5
w m
N
~ ~ ~
~- ~ $ }~
~
o °" X
a o ^'
t r
0 0
y
N
O
^~
W
U
~L
!A 6I4 r ~ V/
~
'^
V/ O
~ O
N ~ _ ~U
C
\ L
/
f
A~
~
+_ ~--~ •
~
T
~~ ~ ~ <
__
. i++
~
~ ~
~
_
- /~
~.
/~ ~ ~. ~~
Q
~
~/ ~ ~
Q
~ _ Q
Q ~\ •N
~ ~ •~
Q ~
-
O~ N O Q
L U N
.~
~ ~ ~ ~
~ ~
~
~
O
~ ~ ~
~
~ C ~ ~
~ ~ C
~ ~ ~ ~ N
t ~ '' LL
> ~ >
> ~
i i i i
r-
,\ ~
~
. ;
`~ ~
_
~ _~
~ :~ C
-
~
\ \ ~
"
-f~
__ ~
- C
~
i Q
,L
~ ~~
L~~
^,
W ~,
2 0
J
O _
w
(~
~ N >
~
O >+
N ~ ~
~ U N
_U
~[ ~ C
~ ~ L
Q. a_~
.O
f6
C
N
U
L
(a
C
C6 ~ ~~
~ ~ ~
~-,~
~U
N _. ,U ~~
,
_
4-- ~
L
~~ ~
;O
O :*_'
N ~
U
r ~
~~~
~ ~ ~, ~_ ~
_,
~~.~~~ _1
~ ~
~_ .0
•-
0
c7 s
xpz
rU jo
m
~U¢
`./~
,~ O
~.; \ Q
~ ~~_
~_,
'-
\~ ~ _'
~/
~ ~ l
-:
V~(~ ~
~- O
U
,.
cn . ~,
,
_Y
~
J
\~
11 J~ / ~
~ _ /
~/ /
~_/ \\
/ ./
1
/
O
U ^'
~
O O
a. U
Q
C7 s
~zz
xox
~z~o
~ a .~
~~
C lj
a~
~ ~
~ ~ ~
L
O ~ ~ 0 V
j ~ O ~
(t3
Q
~ . N ~
'
--v~ cn o a~
~'m ~~ .'-
L ~"
~~ ~ Y
~' ~~ ~ _ ~ Q
___~_o U ~
^ ~ `J +--~
w- (a O~ ~
~, ~-n_~" v, w
m o ~
~~ o ~ ~ Y
.~ N N
O
V O N m ~
L~
N L = N
~, U ~O O N
' V U
~ ~ Q Q
W~ o 0
~, E ~,
• ~~~ O c~
~ ~; ~ -~.c
N
~ ~ O
O
. ~ ~ p-~ v
~1 v . ~
1 °O (a ~~~
O,-~Q
_,
L
~ ~
c~ ~ c
~ = a~
~ ~ E
m .~
~ U
~ ~ _O
~ O ~
~ ~ O
~_ 'O
~ ~ U
O
-°Q
N
C
0
U,
a
R
L
c
i
r
~~ ~
C7 s
~7~
~- ~ ~ o
~~~
~~
I ~ ~'
^ ~~ ~'
~! ^,
O ~,
~' ~,
_~~
.~ _
O
~^~+' >+
~Y
^~~
*.~' ii
~,,~++- ~~AA
V' V/
~' O
~ ~',
~' ~'
~.
~~,
~/~ W
III L
N f~ lf') ~
N .V
U ~ ~
~,
~ ~
0 ~
~
~ O
~_ C
~- ~
L ~
L N
~ O I..L
~ ~ Q ~ (6 ~ O O fB
E O
O
O
O
Q
~
~
~ O
~ Q O U
S ~'
~
U
~
~
W
~
~ W
W W
O ~
~
~ N ~ ~
~ L Q~ L
O MM MM
\W ~ W
(6
~ O
~ I..L
~ ^^~
1 i-~ L
O fn Y ~
~ N (Q ` ~ L (~
O p
O C O L
(n ~ ~ Q ~ .r N ~
~ ~ ~ ~
~ ~
j O ~ Q
Q ( ~
C~ .
7 ~
~
x
~ O
~z °o ~ ~ ~
W~(~ ~ C Lp L
L « Q
~ O W ~
O
}~ _
}~
~
~ \ Q
o /
~ ~
~~
°
U
m
~ -~ ~ ~ ~
~
~~
~
O
N`
'
(~
1
_
~
U `. N ~" ~ ~ Q !~~ ~~
~ O N N
L
N
-
-~ N
~ i
~~ ~ U
J
~ a~ E ~~ a c o
~ U I, ~~ ~ '
~ U
C N , ~ ~ p`! _
~ _
U
~,
U C U N ~ ~ (~ N
~ ~ .«
~ C
~ (6
- L N ~
~ _
U ~
},
~ ~
~ ~ o ~ c cv a~ ~ ~
c
w= ~ ... ~ ~ ~ U U ~ ~
~ ° U ~ o ~ ` ° ~ ~
~ o c
n
N ~ i ~
(n ~ , Q v
i W (A Q-
^ L ^ ~ ^ ~ ^ ~. ^ ~
~-+
C
U
Q
L
V
A'~A' A
L
.~
U
O
~ ~
„p ~ N
O ~ L'
Q ~
~ O ~
Y ~ ~ ~
O
~
~
~ ~ ~
~ ~ ~ ~
L
~, U
~ ~
a~
~.
0 0
~ ~
+~ U
>_ Q
L
Q .~
(~^)
i
O
V
.~
O
U
o
ca ~
~ U
~ ~
Q ~
O
N V
~--~
i
O O
~
L
O L
~
+
O
•~
~
U
>
~
~ O
~ ~
O
~ ~
U N ~
C~ s
xpz
zz°
~]`
~~
Al ~\/y
~' ~ I~~ _,
\ ~I
\ ~ _\ __-~
`~~ ~~ ~ 1
'~.
.,
%~
~ ~~` _
' '~ _~
v~' ~~ ~ \~
~ f
/ ti~
~' ~ ~.~
v ~~
. ~.
;/
`;