HomeMy WebLinkAbout2009/10/07 - Minutes - SpecialOctober 7, 2009
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
FIRE PROTECTION DISTRICT MINUTES
REDEVELOPMENT AGENCY MINUTES
SPECIAL MEETING
A. CALL TO ORDER
A special meeting of the Rancho Cucamonga City Council/Fire Protection DistricURedevelopment Agency
was held on Wednesday, October 7, 2009, in the Tri-Communities Room in City Hall, located at 10500
Civic Center Drive, Rancho Cucamonga, California. Mayor Pro TemNice-Chairman/Vice-President L.
Dennis Michael called the meeting to order at 3:35 p.m.
Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo and
Mayor Pro TemNice PresidenWice Chairman L. Dennis Michael.
Councilmember/Boardmember/Agencymember Diane Williams arrived at 3:40 p.m. and
Mayor/PresidenUChairman Donald J. Kurth arrived at 3:45 p.m.
Also present were: Jack Lam, City Manager/Executive Director; Pamela Easter, Assistant City Manager;
Fabian Villenas, Principal Management AnalysUCMO; Erika Lewis-Huntley, Management Analyst II/CMO;
Amy Alpert, Intern/CMO; Kristen Compean, Intern/CMO; Joshua Torres, Intern/CMO; James Markman,
City Attorney; Kurt Keating, Code Enforcement Supervisor; and Shirr'I Griffin, Deputy City Clerk.
......
B. PUBLIC COMMUNICATIONS
61. Jerie Lee commented that the Council members were elected for the betterment of the City not to
manage citizen behavior. She expressed a concern with the meeting being held in the day and indicated
that she did not receive notice of the meeting. Ms. Lee said the City takes cigarette tax money but does
not want to provide places for smokers to smoke and is trying to regulate smokers in their own
apartments. She questioned how the City would enforce smoking restrictions during these economic
times and implored Council not to take away people's rights.
B2. Bill Hanlon said the meeting did not start on time, was being held when most people are at work and
that he was not given adequate notice of the meeting. He noted American Cancer Society statistics
regarding secondhand smoke comparing it to exposure from car exhaust and smog. Mr. Hanlon felt it was
not fair to ban smoking of cigarettes in the City since it might open the door to something much worse,
marijuana.
B3. Jim Moffatt stated that smoking should be left alone. He felt a ban would be hypocritical particularly in
locations where smoking is allowed near food and children. Mr. Moffatt distributed a brochure showing
photos of military personnel and asked if the City would tell them they didn't have the right to smoke in
Rancho Cucamonga. He thought it was fine to restrict smoking at City facilities but suggested having
smoking areas.
B4. Hilda Philips spoke about her volunteering experience at the Cultural Center having to inform patrons
about no smoking. She noted there is no smoking signage at the west parking (structure) area and (from
the east) on the library building but she felt that posting more signage in areas where smokers
congregate might be more beneficial. Ms. Philips asked if schools were receiving no smoking information
and whether it was being taught in schools.
85. Khalilah Durlae (DuRouse) was present representing the Apartment Association, Greater Inland
Empire and the California Apartment Association. She said the Associations' positions are to let
apartments decide when to go smoke-free as the percentage of smoke-free units is a decision best left to
each apartment community. Ms. DuRouse stated the two newest National Community Renaissance
(CORE or National CORE) will be 100% smoke-free. Lewis properties built after 2002 currently have an
18% smoke-free rate due in large part to market demand. Ms. DuRouse stated that the industry is
experiencing a 7% vacancy rate up 2 percentage points from last year due to the current economic
downturn. She recommended adoption of a resolution similar to that of the City of Sacramento which
states that any community that has a 25% or greater smoke-free rate would receive some type of
recognition (special designation). There is a smoke-free registry that could be utilized as well.
66. John Lyons felt that visitors should be informed but not cited for smoking. He noted house fire
statistics from the 1980s and remembered when restaurants allowed smoking. Mr. Lyons entertains
friends who smoke at restaurants that allow smoking outdoors, or goes to other cities whose restaurants
allow smoking. He wondered about restriction enforcement, noting that for some tenants living conditions
can be difficult as well as complex. Smokers should be considerate of other people.
B7. Donna Newton, Project Director for In the Zone, Tobacco-FREE-Project, said staff from the Project
conducted an "on the street" survey at Victoria Gardens, Albertsons and Wal-Mart last spring. A large
sample of cigarette butts was collected from the children's play area and near the theater at Victoria
Gardens. Ms. Newton quoted statistics from their survey.
B8. Patricia Gonzalez with the American Lung Association shared data on the health risk of breathing
secondhand smoke. She said they are asking for designated smoking areas in public spaces such as
Victoria Gardens. Ms. Gonzalez noted that the Lung Association receives a significant amount of phone
calls from people who live in apartment complexes where shared walls and ventilation systems allow
them to be exposed to secondhand smoke and indicated that their health is being affected.
69. Beverly Jones-Wright, Coordinator for the Public Health Department TURN Program (Tobacco Use
Reduction Now), said their mission is to reduce exposure to secondhand smoke. She supported the City's
opportunity to enact measures to help ensure the best possible environment for all citizens.
C. ITEM OF DISCUSSION
~.
Jack Lam, City Manager, introduced Fabian Villenas, Principal Management AnalysUCMO, who
presented the staff report. Mr. Villenas gave an overview outlining and reviewing topics for the discussion.
He stated that the findings of the Environmental Protection Agency (EPA) declare secondhand smoke a
Group A carcinogen. Group A carcinogens are linked to a number of diseases and conditions including
cancer and heart disease. The U.S. Surgeon General has concluded there is no risk free level of
exposure to secondhand smoke and the California Air Resources Board has determined it to be a Toxic
Air Contaminate (TAC) equivalent to vehicle exhaust.
Mr. Villenas reported that a comprehensive State law adopted in the mid-1990's restricted smoking in
places of employment. He summarized current laws regulating smoking and indicated that State law
explicitly allows cities to enact local laws above and beyond State restrictions.
Mr. Villenas stated that in 2007 and 2008 the City began looking at its own smoking restrictions compared
to other cities and State law. The City Council passed an initial ordinance designating all City facilities and
Special Joint Meeting Minutes of the Rancho Cucamonga
City Council/Fire Protection DistricURedevelopment Agency
October 7, 2009 -- Page 2 of 7
the surrounding properties smoke-free environments for residents to enjoy and directed staff to bring back
information regarding no smoking policies in non-City owned public areas (streets and sidewalks; hotel
guest rooms and common areas, outdoor dining, transits stops, outdoor service lines, outdoor shopping
centers and apartment units and common areas). Staff returned with information related to what other
cities had done to prohibit smoking in these public areas. The City Council then completed an exercise
expressing their interests regarding a no smoking policy in these public areas and determined that public
input was needed before moving forward.
Before obtaining public input, Mr. Villenas reported that the Council interests were categorized into three
options: 1) complete restriction, 2) no additional restriction beyond State law, or 3) somewhere "in-
between." He addressed the outreach campaign, including press releases, flyers, posters, postings on
RC-TV3 and sending out letters in spring (2009). The campaign consisted of three approaches: 1) a
community survey meant to generally gauge whether the community felt smoking regulations were a
good or bad idea; 2) facilitated public workshop discussions which allowed those interested in the issue
and stakeholders to give specific input and suggestions (which yielded valuable information); and 3)
specific outreach to stakeholders to insure the City received their input.
Mr. Villenas indicated that an informal survey was presented two ways: 1) online through a quick and
anonymous survey from the City's homepage where 85% of the participates completed the survey; and 2)
hardcopies of the survey were available at all City public counters providing 15% of the participates who
completed the survey. He stated that efforts were made to avoid mass duplication. 773 surveys were
collected.
Mr. Villenas introduced Amy Alpert, Intern/CMO, who discussed the survey results. Ms. Alpert stated that
the survey results were approximations, and survey participant demographics were comparable to the
City population. The survey results listed in the staff report were discussed. As part of the outreach
campaign, workshops were held at Central Park on April 30'" and May 27~". Over 400 invitations were
sent to restaurants, hotels and apartment managers in the City and to advocacy groups like the American
Lung Association and In the Zone. The workshops were also advertised. Mr. Villenas reported that staff
facilitated discussion of the 20-25 individuals at each meeting. He indicated that the workshop
participants felt that any restriction should: 1) Be a business decision not mandated by government; 2)
Not be about restricting smoker's rights, but separating smokers from non-smokers, particularly where
non-smokers are captive, such as transit stops and service lines. Other areas such as outdoor dining
areas may also make non-smokers captive when a neighboring diner is a smoker, or for someone in an
apartment as well. Conversely, no restriction may be needed for momentary or passing exposure to
secondhand smoke such as on streets and sidewalks. 3) Let the free market decide whether to prohibit
smoking in hotels and apartments; and 4) Balance no smoking policies between smokers and non-
smokers for outdoor shopping centers.
Mr. Villenas addressed the final outreach effort targeting specific stakeholders. Staff presented a report to
the Chamber of Commerce and offered them the opportunity to take a formal position to support, oppose
or remain neutral not taking a position. The Chamber surveyed its members but response was low and
results unclear, so the Chamber decided not to take a position. Staff met with Victoria Gardens
management who expressed concerns about the impact of enforcing smoking restriction on their security
staff whose primary duty is public safety and crime prevention. Although management was not generally
interested in a no smoking policy, they expressed a willingness to take small steps and suggested
examples for designated smoke-free areas. Also, staff made an effort to reach out to apartments through
the Apartment Association of the Greater Inland Empire and attended one of their regional meetings.
While the Association did not take a formal position, they expressed their opinion that regulations
regarding smoking should be a business decision. Mr. Villenas noted that a representative was present at
today's meeting to reiterate their opinion.
In conclusion, Mr. Villenas indicated that the workshop was scheduled today to determine the appropriate
next steps. If the Council wishes to enact an Ordinance above and beyond State restrictions, direction is
needed regarding what specific regulations are desired in the Ordinance. If at the end of the workshop the
Council decides not to pursue additional local regulations, no further action would be required.
Special Joint Meeting Minutes of the Rancho Cucamonga
City Council/Fire Protection District/Redevelopment Agency
October 7, 2009 -- Page 3 of 7
In response to Councilmember Gutierrez, Mr. Villenas clarified that approximately 80% of survey
participants were City residents. As these are tough economic times, Mayor Pro Tem Michael supported a
fair solution with apartment owners and businesses. He recommended restricted smoking areas where
large numbers of people congregate and children are present. Rather than adding general comments, he
suggested Council review the chart item-by-item. Councilmember Spagnolo stated that hotels make
market-driven decisions and noted that as a former rental property owner it was easier to rent property
where no smoking was allowed. He proposed tying in an element of Healthy RC to hotels through
recognition incentives related to the percentage of smoke-free rooms and supported improved signage at
City facilities and parks. Councilmember Gutierrez commented that apartments and businesses know
what's best for their businesses and indicated that there already is a problem with excessive government
regulation. He stressed that a stronger financial commitment would be needed from the City in order to
enforce any regulations.
In response to Mayor Kurth, City Attorney James Markman reported that the City could not ban the sale
of cigarettes (tobacco products) due to the United States Constitution Interstate Commerce clause, and
clarified that there is no Constitutional right to smoke.
Councilmember Williams said there may be solutions through a signage method as well as working with
businesses. She stated she did not want Rancho Cucamonga to be known for over regulation and agrees
with Councilmember Gutierrez about adopting regulations without providing for enforcement resources.
She concurs with complete restriction for outdoor dining and in children's play areas. Councilmember
Williams indicated that the City should offer more low-cost smoking cessation opportunities to residents
through Community Services and felt that multi-family units will be self-regulated based on resident
needs.
Mayor Kurth believed that the rights of smoking and non-smoking citizens needed to be protected but felt
that it was important to protect the health of children and the public. He noted that self-enforced restriction
works.
Mayor Pro Tem Michael stated that the Council adopted the Phase I Ordinance that designated City
facilities smoke-free in part to demonstrate consideration for the issue regardless of enforcement. He
noted that particularly for areas where Council does not reach a consensus some type of incentives
and/or recognition for healthy dining and smoke-free hotels and apartments should be advertised. Also,
the information be available online.
Mayor Kurth proposed putting forth a motion to move forward with a Phase II Ordinance. Council
determined to first revise the related information to determine whether codifying a new Ordnance was
warranted. Mr. Lam clarified the meaning and use of the "in-between" designation. After some discussion
Council again determined somewhere "in-between" for streets and sidewalks, and asked staff to return
with further information from other cities that have adopted regulations for comparison.
Staff member Villenas presented Hotels -Guest Rooms. Taking into account the recommendation for
hotel guest rooms, Mayor Kurth agreed with no additional restrictions and giving special recognition to
hotels that have at least 75% of their rooms designated smoke-free. He proposed that the City work with
hotels to develop afive-year, voluntary plan to further minimize smoking at their establishments.
Councilmember Williams noted that corporate policy is already doing a good job with restrictions. She
concurred that the City should acknowledge, reward and encourage businesses. Council determined to
move the designation from somewhere "in-between" to no additional restrictions and recognize hotels
with a certain percent of smoke-free rooms. Mr. Villenas indicated most hotels in Rancho Cucamonga
already exceed 75% as most have between 90% - 95% smoke-free guest rooms.
Staff member Villenas presented Hotels -Common Areas. Council addressed hotel common areas and
determined the decision was best left to the businesses. Councilmember Williams recommended
recognition and distinguishing hotels that have at least 90% smoke-free common areas as part of the
Special Joint Meeting Minutes of the Rancho Cucamonga
City Council/Fire Protection District/Redevelopment Agency
October 7, 2009 -- Page 4 of 7
Healthy RC program. Council changed the designation from somewhere "in-between" to no additional
restrictions.
Staff member Villenas presented Outdoor Dining areas. Mayor Kurth proposed that each restaurant
designate anon-smoking outdoor area. Councilmembers Spagnolo and Williams concurred and felt
business should ultimately make the decision to designate anon-smoking outdoor area based on market
conditions. Council discussed possible alternatives available to restaurants as restaurants desiring to
have an outdoor smoking area would have to meet certain conditions such as having two separate patios.
Mayor Kurth said that the survey results conveyed that 75% of the participants wanted an ordinance
prohibiting smoking. He felt that the State is behind since it receives cigarette/tobacco tax money and
noted that the City is going above and beyond State restrictions and much more than other cities tc
protect residents. Mayor Kurth noted that when the State passed the indoor dining smoking restriction
restaurants were feartul, but it has increased business to the industry's advantage. He felt that in this
same way it would attract people to Rancho Cucamonga and increase business at restaurants. In
response to Councilmember Gutierrez, Mr. Villenas noted that other cities enacting a no smoking policy
rely on community education, proper signage and self-enforcement of restrictions. In response to Mayor
Pro Tem Michael, Kristen Compean, Intern/CMO, noted that her parents are restaurant owners and
members of the California Restaurant Association (CRA) which would be a resource for providing further
information.
Mr. Villenas recommend that staff return with more information for the City Council from CRA and
restaurant businesses. Councilmember Gutierrez pointed out that additional conditions would create more
red tape for businesses.
MOTION: Moved by Williams, seconded by Kurth, to look at an ordinance that would continue the
complete restriction on outdoor dining areas allowing restaurants to apply for a separate smoking outdoor
dining area away from non-smoking diners. Motion failed 2-3, with Gutierrez, Michael and Spagnolo
voting no.
Council addressed the topic of outdoor dining areas for further for clarification.
MOTION: Moved by Michael, seconded by Gutierrez, to change the outdoor dining designation from
complete restriction to somewhere "in-between" pending further information and data. Motion carried, 5-0.
Staff member Villenas presented Transit Stops. Mr. Villenas explained that transit stops are privately
owned structures in a public right-of-way such as bus stops and train platforms, with a complete
restriction of no smoking within 20 feet. He clarified for Councilmember Williams that specific conditions of
policy would be worked out prior to the adoption of the Ordinance and that staff would bring back
recommendations. Councilmember Spagnolo recommended changing the designation from somewhere
"in-between" to a complete restriction. Council concurred.
Staff member Villenas presented Service Lines. Council agreed to maintain the designation as a
complete restriction.
Staff member Villenas presented Shopping Centers. Mayor Kurth suggested a percentage, such as 10%,
for smoking areas in shopping centers. He felt businesses needed to have parameters but could decide
where the designated areas would be. Councilmember Spagnolo thought that partnering-up with Victoria
Gardens and the suggested management plan was good. He believed that Victoria Gardens already
included smoking parameters. Although the Council considered changing the designation from
somewhere "in-between" to no additional restrictions, Mayor Kurth questioned whether no additional
restrictions allocated a practical environment at shopping centers for the public who are affected by
smoke. He expressed that he was in favor of maintaining the designation of somewhere "in-between."
MOTION: Moved by Spagnolo, seconded by Williams, to have no additional restrictions on outdoor
shopping centers. Motion carried 4-1, Kurth voting no. (This motion effectively changed the designation
from somewhere "in-between" to no additional restrictions.)
Special Joint Meeting Minutes of the Rancho Cucamonga
City Council/Fire Protection District/Redevelopment Agency
October 7, 2009 -- Page 5 of 7
Staff member Villenas presented Apartments -Multi-Family Units. Mr. Villenas said apartment mangers
would be required to include in apartment lease agreements that no smoking is allowed. Implementation
would be done in percentages over time. Councilmember Spagnolo said the City should make a
connection with the apartment owners, recognizing the apartments that are already moving in the right
direction and partnering-up rather than imposing restrictions. Mayor Kurth concurred with Councilmember
Spagnolo and suggested that the ordinance put in place guidelines for the smoke-free registry and
recognition of apartment complexes with at least 75% smoke-free units. Councilmember Williams agreed
although she was concerned with outdoor patio areas, noting the impact of smoke on anyone with their
windows open.
MOTION: Moved by Spagnolo, seconded by Kurth, to have no additional restrictions for Multi-Family
Units. Motion carried 5-0.
Staff member Villenas presented Multi-Family Common Areas. Councilmember Spagnolo suggested
moving multi-family common areas from somewhere "in-between" to nc additional restrictions in order to
be consistent with prior designations. He proposed apartment complexes partner-up with the City on a
voluntary basis and those with no smoking amenities be promoted. Mayor Pro Tem Michael
recommended encouraging apartment owners to partner-up under the Healthy RC program designating
specific common areas for smoking. Mayor Kurth advised monitoring the topic by working with the
Apartment Association. Councilmember Williams stated that the City Council has declared their goal to
protect citizens from secondhand smoke. No additional restrictions would permit flexibility, and if
necessary, the City Council could revisit the subject of multi-family common areas.
MOTION: Moved by Spagnolo, seconded by Williams, to have no additional restrictions for Multi-Family
Common Areas and to include the proposed City Council guidelines and recommendations. Motion
carried 5-0.
xxx~x•
D. ADJOURNMENT
MOTION: Moved by Gutierrez, seconded by Williams, to adjourn the Meeting. Motion carried 5-0.
Mayor Kurth adjourned the meeting at 5:50 p.m.
Respectfully
Shirr'I Griffis
Deputy City
Approved: November 18, 2009
Special Joint Meeting Minutes of the Rancho Cucamonga
City Council/Fire Protection DistricURedevelopment Agency
October 7, 2009 -- Page 6 of 7
Phase II Secondhand Smoke Regulations Worksheet
t ~ ~ This worksheet Is provided to assist you in evaluating the scope of regulations tlesiretl for each Item listed below.
1- ~ ~ The arrows reflect changes in designation during fire Pbase II
' 1-~ -'~ Specie/ Meeting Workshop held at 3:30 p.m. Wednesday, October 7, 2009.
_J No changes in designation were nrnde jor Streets and Sidewalks or Service Lines.
_X~,
Ci
ZANCHO
JcAMOrrcn Complete No Additional Somewhere
Restriction Restrictions "In-between"
Streets and
X
Sidewalks
Hotels-Guest X
Rooms
Hotels-Common X
Areas
Outdoor Dining
Areas X
X
Transit Stops
Service Lines X
Shopping Malls X
Multi-Family X
Units
Multi-Family X
Common Areas }
Special Joint Meeting Minutes of the Rancho Cucamonga
City Council/Fire Protection District/Redevelopment Agency
October 7, 2009 -- Page 7 of 7