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HomeMy WebLinkAbout2008/12/03 - Agenda Packet - SpecialAGENDA CITY COUNCIL, FIRE PROTECTION DISTRICT AND REDEVELOPMENT AGENCY SPECIAL MEETING Wednesday, December 3, 2008 ~ 3:30 p.m. City Hall ~ Tri-Communities Room 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730 A. CALL TO ORDER Pledge of Allegiance 2. Roll Call: MayorlPresidentlChairman Kurth Mayor Pro TemNice PresidentNice Chairman Michael Council/Board/Agencymembers Gutierrez, Spagnolo and Williams B. COMMUNICATIONS FROM THE PUBLIC This Is the time and place for the general public to address the City Council, Fire Protection District and Redevelopment Agency on any Item listed on the agenda. State law prohibits the Council, Fire Board and Agency from addressing any Issue not previously included on the Agenda. The Council, Flre Board and Agency 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, Flre Board and Agency, nat 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 be 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 far 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 n~sume after the regular business portion of the agenda has been completed. C. I~rl~:~i c~l~ UI~c~~~~sION D. .~~I),IOURN:VIENT I, Debra L. McKay, Records Manager/Assistant City Clerk, of the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 25, 2008, per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California. STAFF REPORT QTY MANAGER'S OFFICE RANGHO Date: November 24, 2008 ~UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Fabian Villenas, Principal Management Analyst Subject: Discussion of Phase II of smoking regulations and possible amendments to Chapter 8.21 of the Rancho Cucamonga Municipal Code RECOMMENDATION: Staff is requesting direction from the City Council on the scope of applicability in implementing Phase II of the City's smoking regulation and how broad the regulations should be. This report presents information regarding various options to assist the City Council with the discussion. In addition, Staff is also seeking Council approval on the suggested community and stakeholder outreach strategy. BACKGROUND: In many communities, the presence of tobacco smoke in public places has become an increasingly contentious issue. Members of the non-smoking public express concerns that the smoke resulting from the use of tobacco products unfairly impacts the non-smoking public's use and enjoyment of public spaces, and to an undetermined extent, unfairly restricts their ability to access these spaces. Alternatively, smokers have voiced their desire to be able to smoke freely in public spaces. 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 a smoker. 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 than 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. Secondhand smoke has also been linked to heart disease, nasal sinus cancer, sudden infant death syndrome (SIDS), asthma, and other respiratory illnesses. Additionally, the U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke. In 2006, the California Air Resources Board determined ETS (secondhand smoke) to be a Toxic Air Contaminant (TAC). Children are particularly vulnerable to secondhand smoke because they are still developing physically, have higher breather rates than adults, and have little control over their environments. Secondhand smoke exposure increases the risk of lower respiratory tract infections such has DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO Q IAP"I'ER PAGE 2 8.21 OF THE RANQ-IO GUCAMONGA MilNIQPAL CODE NOVEMBER 24, 2008 bronchitis and pneumonia and the EPA 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 1,000,000 asthmatic children have their conditions worsened by exposure to secondhand smoke and is a risk factor for new cases of asthma in children who have not previously displayed symptoms. Because there is no legally protected "right" to smoke, local communities have great flexibility in adopting laws to protect the health of their residents by limiting the places where people can smoke. Local jurisdictions have the authority both to expand upon the protections provided by state law, and to restrict smoking in many areas that are not covered by state or federal law. California courts have found that "regulating the smoking of tobacco to protect the health of local residents is a valid exercise of local police power." This report provides the City Council with information on how local jurisdictions have exercised their police power when it comes to secondhand smoke. State Smoking Law Assembly Bill 13, the State Law regulating smoking in places of employment (codified in California Labor Code Section 6404.5) took effect on January 1, 1995, although portions of the law regulating smoking in bars and gaming establishments did not become effective until January 1, 1998. The purpose of the State Law was to regulate smoking in places of employment in order to reduce employees' exposure to secondhand smoke. The State Law generally provides that smoking is prohibited in enclosed spaces at places of employment, but provides for a number of exceptions. These exceptions include the following: • Places of employment with five or fewer employees where: o The smoking area is not accessible to minors o All employees who enter the smoking area consent to permit smoking, and no one is required to work in the smoking area o Air from the smoking area is exhausted directly to the outside • Employee break rooms designated for smoking when the air is exhausted directly to the outside by a fan and the rooms are in a non-work area where employees are not required to be present as part of their work other than custodial and maintenance work • 65 percent of the guest rooms in a hotel or motel • 25 percent of the lobby area of a hotel or motel (or 50 percent of the lobby area if the lobby is 2,000 square feet or less) • Meeting and banquet rooms in hotels, motels, and convention centers except while food or beverage functions are occurring (including setup and cleanup service), and corridors or waiting areas adjacent to such rooms when food or beverage functions are occurring so long as no employees are stationed in those areas • Retail or wholesale tobacco shops and private smokers lounges • Truck cabs when no non-smoking employees are present • Warehouse facilities larger than 100,000 square feet and with 20 or fewer full-time employees (but not including office areas) • Theatrical production sites when smoking is an integral part of the story • Medical research or treatment sites, if smoking is integral to the research or treatment being conducted • Patient smoking areas in long-term health care facilities • Private residences, except when used as a licensed family day care home during the hours that children are present DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO QIAPTER PAGE 3 8.21 OF THE RANQ-IO Ck7CAMONGA MLNQPAL CODE NOVEMBER 24, 2008 In addition to the workplace smoking law, other sections of California law also regulate smoking. For example, Health and Safety Code Section 104495 prohibits smoking within 25 feet of a children's playground or tot lot. Government Code Section 7597 prohibits smoking inside of, or within 20 feet of any entrance or operable window of, a building occupied by a state, county, or city government agency. State law also gives explicit authority for local jurisdictions to implement additional restrictions beyond State Law, which many cities have done so. Smoking Regulations in Rancho Cucamonga In November 2007, staff presented information to the City Council on the health hazards of secondhand smoke and provided an overview of current smoking regulations in the City, as compared to other California cities. The survey demonstrated that, while many other cities have enacted smoking regulations beyond state requirements, Rancho Cucamonga's smoking regulations. generally did not cover areas, with some minor exceptions, beyond what state law already regulates. In 2001, the City made some modifications to its no-smoking ordinance, to be consistent with State Law. On February 6, 2008 City Council approved Ordinance No. 786, which prohibits smoking at all City- owned property. With this action, the City of Rancho Cucamonga joined a growing movement in communities across the country to minimize the exposure of secondhand smoke for children and other nonsmokers. The new restrictions, which became effective March 7, 2008, prohibit smoking at all City-owned public locations. More specifically, smoke-free environments were created in and around all city facilities, such as City Hall, Victoria Gardens Cultural Center, Animal Center, Epicenter (except in designated smoking areas for current tenants with long term lease agreements), community centers, libraries, parks, trails, etc., including the property surrounding these facilities and its parking lots. Before the smoking restrictions on City-owned property were passed earlier this year, Rancho Cucamonga's offered little additional restrictions beyond state law. Smoking restrictions in Rancho Cucamonga that went beyond state law included: • All business owners may choose to prohibit smoking with 20 feet of the entrance. • Inside every publicly or privately owned facility with a primary purpose of providing entertainment with is open to the public (gallery, movie theaters, museums). • Public restrooms • Polling Places With the first six months of the smoking restriction gone by, city departments were asked to report their experiences with the smoking ban at their respective facilities. For the most part, all departments reported minimal problems with the smoking restriction and several reported back that patrons such as sports groups, library patrons and seniors at Central Park expressed their appreciation for the smoke-free environments provided at city facilities. On occasion, staff at the Victoria Gardens Cultural Center has had to remind smokers about the no-smoking restriction and staff does receive complaints from guests that attend social rental events as well as from smoking patrons during intermission at performances. Staff at Central Park also reported that they DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO Q-IAPTER PAGE 4 8.21 OF THE RANCHO CUCAMONGA MUNIQPAL CODE NOVEMBER 24, 2008 occasionally need to remind patrons of the no-smoking policy. Code Enforcement and the Police Department reported that no citations have been issued and no calls for service have been made for violations to the smoking restriction. This is fairly consistent with our initial enforcement strategy-and those of other cities-that the smoking restrictions would be enforced primarily through self-enforcement, and that residents and visitors will comply once they are familiar with the new requirements. At that time, staff was also given direction to bring back to the City Council information on the development of Phase II of smoking regulations minimizing the public's exposure to secondhand smoke. Phase II would consist of evaluating smoking restrictions in other parts of the City such as outdoor dining areas, shopping malls, apartment buildings, hotels, streets and sidewalks, service lines, transit stops, apartment buildings, and other similar common use spaces where the public may be exposed to secondhand smoke. Coincidentally, at the time that the no smoking ordinance was passed, the City also kicked off its Healthy RC initiative, which promotes a healthy and active lifestyle for its residents and employees through the integration of a healthy, mind, body, and Earth concept. The initial phase of the smoking restriction, and any subsequent phases, are consistent with the Healthy RC goals and is considered part of the City's overall Healthy RC efforts. Smoking Regulations in Other Cities While Pasadena, Calabasas, Burbank, Santa Monica and Loma Linda have four of the most recently adopted smoking ordinances in California and have recently received media attention, numerous other cities have smoking regulation ordinances. It is estimated that 40-45 cities have enacted some form of smoking regulations beyond state law. Attachment A summarizes the no- smoking regulations of numerous cities, including Rancho Cucamonga. Staff notes that in some cases, certain portions of these city ordinances were adopted prior to the state smoking law and were subsequently superseded by State Law. For example, some cities explicitly allow smoking in areas where smoking is now prohibited by State Law. The State smoking law allows cities to regulate smoking in environments that are not covered by the State law, but cities are superseded in cases where local smoking regulations are less restrictive. The State workplace smoking law and many of the individual city laws state that individual employers and property owners are not barred from restricting smoking on their own properties or within their own businesses to an extent greater than that specified in the law if they so choose. Attached is a summary (Attachment 8) of the approaches used by the cities of, Davis, Burbank, Calabasas, Pasadena, and Loma Linda. Personnel from each of these cities were interviewed to document the processes taken to establish the no-smoking regulations. Special attention was focused on the areas of public involvement, opposition, and enforcement of no-smoking regulations. ANALYSIS: Summary of Cities California cities have a variety of smoking restrictions to suit the individual needs of each community. Calabasas and Loma Linda appear to be the most restrictive city, prohibiting smoking in essentially all indoor and outdoor areas accessible by the public, including public streets and DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO CHAPTER PAGE 5 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE NOVEMBER 24, 2008 sidewalks, with few exceptions. Burbank has similar smoking restriction to Calabasas; however allows for flexibility and exceptions. Pasadena and Davis also prohibit smoking in a number of outdoor areas, although the restrictions are not as all-encompassing as Calabasas and Burbank. One thing that can be learned from the experience from other cities is the importance of conducting community outreach, gathering public input, and ensuring that stakeholders have an opportunity to provide their input. Options for Rancho Cucamonga While State law addressed the issue of secondhand smoke in the workplace, staff has compiled information for the Council's consideration that addresses protecting the general public from secondhand smoke and the public's right to enjoy public areas without exposure to secondhand smoke. In order to help frame the outreach efforts and in order to obtain meaningful community input, staff is seeking direction from the City Council on how broad the scope of regulations should be for the items listed in this staff report. For each category (ie., outdoor dining areas, multi-family housing, etc.), staff will be gauging the Council's interest on whether a smoking restriction should be considered a) completely, b) not at all, or c) somewhere "in between." A worksheet (Attachment C) is provided to assist the Council in evaluating each item listed below. At this time, staff is only seeking Council's general interest, if any, for each item. Details and particulars will be brought forward for Council review based on community input, input from other departments, and further research. However, this should not preclude the Council from expressing their input on a particular detail and providing staff direction, if there is strong opinion to do so. The City Council may wish to consider (additional) smoking restrictions in the following areas: Streets and sidewalks: Current State and local laws do not address smoking on streets and sidewalks. The City may consider: a. Complete smoking ban - Smoking is not allowed on all streets and sidewalks in the City of Rancho Cucamonga. b. No additional restrictions -Smoking on streets and sidewalks would continue to be allowed unless restricted by future state laws. c. Somewhere `5n between" -Calabasas prohibits smoking on streets and sidewalks except if "no non-smoker is within 20 feet and it is not reasonable to expect a non- smoker to come within 20 feet." Other cities prohibit smoking on streets and sidewalks in targeted areas (ie., Burbank's downtown, Santa Monica's Third Street Promenade, etc.). Glendale allows smoking on streets and sidewalks except within 20 feet of smoking-restricted locations. 2. Hotels: The issue of smoking restrictions in hotels is twofold: a) restricting smoking in guest rooms and b) restricting smoking in common areas (both indoor and outdoor). For guest rooms, State Law currently allows smoking in up to 65 percent of guest rooms. For indoor common areas, smoking is generally not allowed except that 25 percent of a hotel lobby (or 50 percent if lobby is less than 2,000 square feet) can be designated as a smoking area. Outdoor common areas are not currently regulated by state or local laws in Rancho Cucamonga. Guest rooms: a. Complete smoking ban -Smoking would not be allowed in 100 percent of guest rooms DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMEN'T'S TO Q-IAPTER PAGE 6 8.21 OF THE RANC[-IO CUGAMONGA MUNIQPAL CODE NOVEMBER 24, 2008 b. No additional restrictions -State Law allowing smoking in 65 percent of guest rooms would continue ' c. Somewhere `in between" -Some cities such as Glendale, Livermore and Watsonville have decreased the number of smoking rooms allowed beyond what state law allows (Example: from 65 percent down to 20 - 25 percent). Common areas: a. Complete smoking ban -Smoking would not be allowed in any indoor or outdoor common areas such as pools, outdoor hallways, gardens, etc. b. No additional restrictions - Current state law would continue to prohibit smoking in enclosed areas (except for 25 percent of hotel lobby or 50 percent if lobby is less than 2,000 square feet) and no restrictions would continue for outdoor common areas. c. Somewhere "in between" -Loma Linda leaves it up to each hotel owner/operator to prohibit smoking throughout the property. Others prohibit smoking only in outdoor common areas with restricted air flow. 3. Outdoor dining areas: While State Law prohibits smoking in enclosed dining areas at food establishments, there are currently no smoking restrictions in outdoor dining areas and patios. a. Complete smoking ban - No smoking would be allowed in any portion of all outdoor dining areas and patios. b. No additional restrictions -Per State Law, smoking would continue to be allowed in all outdoor dining areas and patios. c. Somewhere "in between"- Some cities allow for portions of the outdoor dining areas to be designated smoking areas so long as certain conditions are met. 4. Transit stops: State and local laws do not address smoking at transit (bus) stops and train platforms, and thus smoking is permitted at transit stops and train platforms in Rancho Cucamonga. a. Complete smoking ban -Smoking would not be allowed at all transit stops/train platforms or within a certain distance of such. b. No additional restrictions -Smoking would continue to be allowed at all transit stops/train platforms. c. Somewhere 'Sn between" -Smoking prohibited in ticket, boarding and waiting areas for public transit except for areas posted "smoking permitted." 5. Service lines: Outdoor service lines, where people may be captive to the exposure of secondhand smoke, such as lines for ATMs, theatres, food and beverage service, ticket lines, etc., are not regulated by state and local laws. Rancho Cucamonga Municipal Code 8.21.080 currently prohibits smoking in all indoor service lines. a. Complete smoking ban -Smoking would not be allowed at all outdoor service lines or within a certain distance of such. b. No additional restrictions -Smoking would continue to be allowed at all outdoor service lines. Smoking would continue to be prohibited in indoor service lines c. Somewhere `5n between" -Not available. 6. Shopping malls: Except for existing smoking prohibitions in specific locations (such as no smoking in Victoria Garden's Imagination Courtyard, or within 20 feet of a retail entrance if a business owner chooses to), smoking is allowed in shopping malls. Shopping malls are DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO C1-IAI''['ER PAGE 7 8.21 OF THE RANCHO CUCAMONGA MUNIC[PAL CODE NOVEMBER 24, 2008 generally defined as any parcel of land zoned and used for retail sales by more than one retailer that is jointly operated or which includes shared parking facilities. a. Complete smoking ban -Smoking would not be allowed in any portion of a shopping mall. b. No additional restrictions -Except for specific existing restrictions, smoking would continue to be allowed at shopping malls. c. Somewhere "in between -Some cities allow for designated smoking areas in shopping malls with certain restrictions and conditions. Additionally, because state law exempts tobacco shops and cigar lounges, some cities have also followed suit. 7. Apartment Communities: The issue of smoking restrictions in multi-family housing is twofold: a) restricting smoking in apartment units and b) restricting smoking in outdoor common areas. Except for State Law restricting smoking in indoor common areas such as laundry rooms, indoor hallways, and clubhouses, state and local laws do not regulate smoking in Rancho Cucamonga apartment communities. Apartment units: a. Complete smoking ban -Smoking would not be allowed in 100 percent of apartment units (existing smokers would be grandfathered in until unit vacated). b. No additional restrictions -State and local laws would continue to allow smoking in 100 percent of apartment units c. Somewhere "in between" -Some cities such as Calabasas and Loma Linda have required that a certain percentage (usually 80 percent) of apartment units be smoke-free by requiring provisions in lease agreement prohibiting smoking (violations subject to eviction). Additionally, cities could create "smoke-free buffer zones" by prohibiting smoking on balconies, porches and patios of anon-smoking unit. Common areas: a. Complete smoking ban -Smoking would not be allowed in any outdoor common areas such as pools, outdoor hallways, gardens, etc. b. No additional restrictions -Current State and local law would continue to allow smoking in common areas of apartment communities. c. Somewhere "in between" -Designated smoking areas could be allowed with certain conditions met. Additional Provisions Some cities have general provisions and exceptions in addition to specified requirements. These are additional options for City Council consideration: • Prohibit smoking within a "reasonable" distance (most cities use 20 feet) of any unenclosed area where smoking is prohibited or any opening to an enclosed area where smoking is prohibited, even if smoking would otherwise be permitted there. • Allow smoking in any unenclosed area where no non-smoker is present or within a specified distance and it is reasonable to assume that anon-smoker will not arrive. • Allow smoking in any unenclosed area by people that are passing through the area on their way from one destination to another. • Allow smoking in unenclosed areas where smoking would otherwise be prohibited through City approval and regulation of "designated smoking areas" subject to meeting certain criteria. • Allow smoking in areas where smoking would otherwise be prohibited through an appeal process, subject to the decision of the City Manager. DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO CHAPTER PAGE 8 8.21 OF THE RANQ-IO CUGAMONGA MUNIQPAL CODE NOVEMBER 24, 2008 • Declare secondhand smoke a public nuisance, allowing for civil litigation by private parties as means to "abate" the nuisance. Enforcement All the cities surveyed reported few issues regarding enforcement of their respective secondhand smoke ordinances. Similar to Rancho Cucamonga's experience with its no-smoking law at all City- owned facilities passed earlier this year, cities' enforcement strategies relied on the self- enforcement axiom that residents and visitors will comply once they are familiar with the new requirements. Therefore, should the City Council adopt an ordinance, the enforcement strategy would be "front-loaded" with outreach material and appropriate signage requirements regarding Rancho Cucamonga's smoke-free effort. For most cities, a violation of their no-smoking ordinance is an infraction, and subject to an administrative citation (usually $100) issued by their law enforcement or code enforcement personnel. In a couple of cities, their ordinance declared a violation as a misdemeanor and was prosecuted as such. Staff from these cities' advised against doing so, as it created unnecessary paperwork and the courts were generally reluctant to prosecute a relatively minor offense as a criminal misdemeanor. Additionally, the ordinances of some cities such as Calabasas and Loma Linda included a provision that declared secondhand smoke a public nuisance, allowing for civil suits between private parties. And lastly, staff will be looking further into whether business and restaurant owners should also be held liable for no-smoking violations on their premises. Some cities do hold them liable, while others do not. Staff will work closely with the Police Department and Code Enforcement Division to further examine enforcement strategies, which would be incorporated into the draft ordinance that is ultimately presented for City Council review. Community Outreach Strategy In order to draft an ordinance reflective of the community's needs, staff has developed a proposed outreach strategy. Once Council has provided direction regarding the scope of regulation they are interested in, staff would conduct community outreach and solicit stakeholder input based upon Council's interests. As demonstrated by many of cities surveyed, this is a crucial step towards developing a secondhand smoke ordinance. The strategy includes potential methods of publicizing the City's intent to regulate smoking such as through the Grapevine/Reporter, RCTV-3, flyers, and press releases. The strategy also identifies methods of obtaining input and participation from both the general public as well as stakeholders, either through surveys or community workshops, and working with the Chamber of Commerce among other methods. The workshops will allow attendees to learn more about secondhand smoke, the Council's interest in regulating smoking, and provide an opportunity to collect their input. Lastly, the strategy identifies the stakeholders which the City should make efforts to communicate with. The outreach strategy includes: Community Input/Publicity • Community workshops • Community surveys through the City websites and at public counters in all city facilities • Articles in Rancho Reporter and the Grapevine soliciting input • Post messages on RCTV-3 • Limited and/or citywide mailing • Press releases to local media • Chamber meetings and mailings DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMEATIS TO CHAPTER PAGE 9 8.21 OF THE RANQ-IO GUCAMONGA MUTIIQPAL CODE NOVEMBER 24, 2008 Stakeholder Input • Chamber of Commerce • Food establishments and regional and State restaurant associations • Apartment owners/managers and associations • Schools • No smoking advocacy groups • Other government agencies • Commercial property managers and owners such as Forrest City or Lewis Company • Nonprofit agencies • Hotel operators and hotel professional associations • Other key individuals as identified CONCLUSION: This report provides information regarding the implementation of a secondhand smoke ordinance in public places such as outdoor dining/patio areas, hotels, apartments, transit stops, streets and .sidewalks, shopping malls, and outdoor service lines, in addition to the smoking restrictions at city facilities and property adopted earlier this year. Other communities have implemented ordinances to address the issue of secondhand smoke and their approach shows that ordinances can be tailored for the needs of each individual community and that community and stakeholder involvement and input is absolutely essential to the process. In order to move forward, staff is seeking Council direction on how broad, if at all, the regulations should be for the aforementioned locations. Should the City Council express an interest in considering additional smoking restrictions, community commentary and input would be used to develop a proposed set of regulations which would be crafted into a draft ordinance. Based on input received, Staff would produce a report summarizing its findings along with the draft ordinance reflecting the primary recommendations for City Council consideration and adoption. Staff may also provide a series of alternative options reflective of the broader community input obtained through the outreach process. Should the Council provide direction to move forward, it is estimated that expenses for the outreach effort would be approximately $2,500. These expenses would include promotion; meeting supplies and the community survey. Previously budgeted funds would be utilized for these outreach costs. Staff would be prepared to launch the outreach strategy at the beginning of 2009 and it is estimated that the outreach efforts would take 4-6 months to complete. Staff would bring back its findings to the City Council in Summer 2009. Respectfully Submitted, ~`~-~ ~ 1 Fabian A. Villenas Principal Management Analyst City Manager's Office Attachments: A. Summary Chart of Smoking Regulations in other cities DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO CHAPTER PAGE 10 8.21 OF'IT IE RANQ-IO C<7CAMONGA MUNIQPAL CODE NOVEMBER 24, 2008 B. Narrative Summary of Secondhand Smoking Regulations and Approaches from Other Cities C. 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From the early 1970's to the early 1990's the City Council passed and enacted several non-smoking ordinances. In addition to the areas of no-smoking set forth by the State of California in AB 13 and other legislative statutes, the City's municipal code makes it a civic offense to smoke on any City property, including buildings and parks. Furthermore, the City of Davis bans smoking in a percentage of hotel/motel rooms and outdoor dining facilities. In addition, indoor/outdoor multifamily common areas, outdoor areas of shopping centers and other certain identified pedestrian areas or gathering locations are also areas which are designated as non-smoking. According to the City, opposition to the non-smoking rules and regulations is rare, if not non- existent. The City was quick to point out, some of the no-smoking rules and regulations have been around for 30 years and everybody is aware of them. Enforcement of the municipal code sections are handled by Code Enforcement and the Police through administrative fines. Calabasas Arguably the most comprehensive no-smoking regulations of any city surveyed belongs to the City of Calabasas. Smoking is prohibited in the following locations: • Any public place or private place open to the general public including but not limited to streets, sidewalks, plazas, parks, buildings, taxis, and buses • Any place of employment, including private residences used for child care or health care facilities during the time that employees, children, or patients are present • Common areas of multifamily residential projects, including halls, lobbies, laundry rooms, outdoor areas, and swimming pools • Enclosed and unenclosed areas of restaurants, bars, hotels, and other businesses Smoking is expressly permitted in the following locations, except if within 20 feet of any entrance, opening, or vent into an enclosed area where smoking is prohibited: • Private residential property • Up to 20 percent of the guest rooms in a hotel or motel, so long as the rooms are segregated from non-smoking rooms • Designated unenclosed areas in common areas of shopping malls provided that the area does not exceed the lesser of 40 square feet or one square feet for every 20,000 square feet of rentable space at the shopping mall, meets various criteria, and is approved by the City • Any outdoor area in which no non-smoker is within 20 feet and it is not reasonable to expect a non-smoker to come within 20 feet. Staff at the City of Calabasas indicated that the most important step in instituting their no-smoking restrictions was public involvement. City staff set up numerous meetings with business associations, housing associations, the Chamber of Commerce, and other groups as needed to explain what the proposed regulations meant to them. The City also forged relationships with the American Lung Association and other non-smoking interest groups, which provided the City additional resources and a support network. DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENT'S TO CHAPTER PAGE 13 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE NOVEMBER 24, 2008 Opposition to the non-smoking regulations was a small but vocal group and tended to be small business owners. Calabasas staff handled each situation on a case-by-case basis. Staff from the City of Calabasas also indicated that City Council meetings were often attended by media, opponents and proponents of the non-smoking regulations. Enforcement of the no-smoking regulations is mostly handled by the Code Enforcement and Police Departments. During the initial rollout of the program, warnings were issued for infractions by citizens and visitors. Burbank Besides Pasadena, the City of Burbank was one of the more recent large cities to pass no-smoking legislation in the State of California. The City prohibits smoking in the following locations: • All City parks and facilities and all areas within 20 feet • Within 20 feet of all entrances, exits and open windows of buildings open to the public. • All sidewalks and pedestrian areas in Downtown Burbank and all areas within five feet • Chandler Bikeway and all public areas • Outdoor waiting lines and service areas and all areas within 20 feet • Outdoor gathering places and event areas and all areas within 20 feet • City transit vehicles and station platforms and all areas within 20 feet of station platforms • All elevators • Pedestrian areas at outdoor shopping areas and centers and all areas within 20 feet • Any area designated as non-smoking by the property owner of a business • Indoor common areas of multifamily residential projects and outdoor common areas within five feet of entrances, exits, walkways and hallways. • Percentage (no less than 60%) of outdoor dining areas Smoking is expressly permitted in the following locations, notwithstanding the above prohibitions: • Private residences • Private vehicles • Designated smoking areas in public places. Allowances for designated smoking areas include: City facilities and parks, Downtown Burbank, outdoor dining areas/bars, city vehicles and transit platforms outdoor gathering event/shopping areas, and common residential areas. • Tobacco shops The City of Burbank passed their no-smoking regulations in 2007 without a comprehensive public involvement plan. Due to the short time constraints given to staff, the City of Burbank sent out a letter to every address in the City, explaining the proposed non-smoking ordinance. The City did not hold private meetings with associations or groups prior to the letter being sent to every address. Instead, all questions and public comments were addressed during a Council Meeting. The most outspoken opposition was from small restaurant and business owners, who felt the restrictions would hurt their business and infringe on their personal rights. Staff held meetings with these groups, and in the end, the approved ordinance included a section allowing the City Manager to exempt certain businesses from the no-smoking ordinance on a rase-by-case basis. DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO Q-IAPTER PAGE 14 8.21 OF THE RANQ-IO GUGAMONGA MUNIQPAL CODE NOVEMBER 24, 2008 Enforcement of the no-smoking rules and regulations are handled by Code Enforcement and the Police Department. Staff noted, as the program is still in its infancy, more warnings than citations are currently being issued. Staff also explained that many visitors of the City are not aware of the newly passed laws and have complained accordingly. The City continues to periodically received complaints about the smoking restrictions. An important lesson from Burbank relates to the penalties for the infractions. Currently, it is a misdemeanor if a person is caught violating the City's no-smoking ordinance, which must be handled through the courts and has created a lot of additional work for staff. Abetter alternative might have been administrative fines assessed for infractions of the non-smoking ordinance. Pasadena Smoking is prohibited in the following locations: • Outdoor malls, shopping areas/centers (including Old Town Pasadena). • Outdoor dining areas. • Within 20 feet of business entrances, doorways, windows, or openings except if moving from one destination to another. • Public service waiting lines (e.g. movie theatre lines, ATM lines, bus stops). • Public outdoor gathering events/special events/parades/fairs (including the Rose Parade). Smoking is expressly permitted in the following locations, notwithstanding the above prohibitions: • Fully enclosed rooms in hotels, motels, or convention centers being used for private functions and not accessible to the general public, except for functions involving food or beverage service or exhibits • Up to 65 percent of guest rooms in a hotel or motel • Private residences when not used for child care • Cigar lounges and tobacco stores that sell primarily tobacco products and accessories From August 2007 to March 2008 the City of Pasadena's Public Health Department assessed support for smoke-free policies and views on secondhand smoke among Pasadena's daytime populations. A brief community intercept survey was completed by 900 people in various locations throughout the City. Analysis of the survey data indicated that the majority of the respondents (61%) believe that secondhand smoke causes a great deal of health problems. Overall, one-fourth of respondents (29%) state that they are often or always exposed to second hand smoke in outdoor areas. Survey respondents generally indicated they would support a policy prohibiting smoking in all public places (76%) and all outdoor dining (81%). Staff at the City of Pasadena developed an information sheet to provide local businesses with background information on the proposed policies. The information was also available on their City's website and each business was encouraged to visit the website and leave their comments. Staff also arranged meetings with the three major business districts to discuss the proposed policies in detail and to address any concerns regarding implementation and enforcement of the expectations of the proposed policies. City staff indicated the best way to address any public "outcry" is to educate the people that are directly affected, including citizens. As part of its implementation, Pasadena has planned a comprehensive public education campaign. DISCL6SION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO Q3APTER PAGE 15 8.21 OF'I'HE RANQ-IO CUCAMONGA MUNIQPAL CODE NOVEMBER 24, 2008 Enforcement of the non-smoking polices are driven by a complaint process. A telephone number and website link are available for the public to register complaints. Warning will be issued for the first warning with administrative fines to follow. At its October 20, 2008 meeting, the Pasadena City Council approved the ordinance. The no- smoking law recently went into effect November 20, 2008. Loma Linda More locally, the City of Loma Linda recently passed a comprehensive smoking ban in June 2008 which, similar to Calabasas' far-reaching restrictions, virtually banned smoking throughout the whole city. Smoking is prohibited in the following locations: • Any public place or private place open to the general public including streets and sidewalks. • Any place of employment, including private residences used for child care or health care facilities during the time that employees, children, or patients are present. • Eighty percent of apartment units • Common areas of multifamily residential projects, including halls, lobbies, laundry rooms, outdoor areas, and swimming pools • Enclosed and unenclosed areas of restaurants, bars, hotels, and other businesses • Within reasonable distance from any entrance, opening, crack, or vent into an Enclosed Area in which smoking is prohibited. • Balconies, porches, and patios in multi-unit residences Smoking is expressly permitted in the following locations: • Private residential property other than those used for child care or health care facilities when children, patients, or employees are present. • Up to 20 percent of the guest rooms in a hotel or motel, so long as the rooms are segregated from non-smoking rooms Designated unenclosed areas in common areas of shopping malls provided that the area does not exceed the lesser of 40 square feet or one square foot for every 20,000 square feet of rentable space at the shopping mall, meets various criteria, and is approved by the City Any privately-owned outdoor area in which no non-smoker is within 20 feet and it is not reasonable to expect anon-smoker to come within 20 feet. Inside a private vehicle when no minor child is present. ~, ', Phase II Secondhand Smoke Regulations Worksheet This worksheet is provided to assist you in evaluating the scope of regulations desired for each item listed below. RANCxo C,UCAMONGA Complete No Additional Somewhere Restriction Restrictions "In-between" Streets and Sidewalks Hotels-Guest Rooms Hotels-Common Areas Outdoor Dining Areas Transit Stops Service Lines Shopping Malls Multi-Family Units Multi-Family Common Areas Attachment C Date Time ~ 8/16 9 05pm_ 8/17 7:58am 8:14am } 8/18 i . _- - 8:05am DRIFTING SMOKE LOG Drifting Smoke Location ~'; .ivmg Room and Bedroom I Kitchen Ktchen _ __. t.. _ .__ _.__ . _. -- -_-a_ Kitchen and Livino Room and Living Room__ Standing @ Bottom of Stairs Kitchen ving Room ~ Balcony _ _ . 8/20 ..._ 8.OOam _ ___- __ _ - E Kitchen Living_Room _ ~ _.__..._. _ No person seen -Residual of p 8 36 m , Kitchen ~ smoke and smell i Bedroom and Living Room (very 8/21 7:44am strong) From Balcony i Stairwell Below Apt. and Up __ 2:35pm_ . ;...-------._.__ Stairs.__--------__~_-_ . _. __ _ _ -_. _.__ ___~._~__Front of_apt _.._-.----- ._. _ _.._. 8/22 8 16am L ~ Llwng Room_ ; No person Residual 8/24 7 47pm i Kitchen and Living room _ ~ Standing @ Bottom of Stairs Aroma frm Balcony as well as fn `. 8/26 _ 7 10am ~ Living Room and Kitchen ; - - _-._.._r of apt. - _ _ . 8/27 7:03am j Kitchen , No person seen -Residual 9/2 9/3 7: 917 12: 2:; Bedroom Kitchen Carole A. Burton - Del Mar I Apts. Living Room (very strong) _.. _ - _. _-._ _~_ Balcony ___ __ _--i - - ,.Kitchen Two Tenants - In Front of Apt...,. Dressing/Bathroom Area ~ Frm Floor and Air Vents Kitchen and Front Door ' ~ Standing @ Bottom of Stairs v_ _ Living Room _ . _ _Opened door to place trash _ Kitchen ~ Standing @ Bottom of Stairs Living Room_ ~ Balcony 1 Standing _@ Bottom of Stairs_ _ _.__~-Balcon~`~~T~rv _._ ---- y----------- operson- Was coming thru AC ventCa~ front door DRIFTING SMOKE LOG 1 j Date Time ^~ Drifting Smoke Location ~~ Comments ~~ _ _, _ ~__._~ _ i 9/8 _ 1 7 13am _ _ Kitchen No person, .Residual ~ __ _ y __.... _~ _ 9/9 _ ~ 8 47pm ~_ Kitchen Standing @ Bottom of Stairs i 9 20pm ~ Kitchen & Living Room____ Standing @_Bottom of Stairs _.. i ~ ..~ . _-. ---_ _ ..., ,. F.. - - _~___ .. ._ -._... y _ , 9/10 5 57am ~ Bedroom and Living Room _ ~__ Balcony _ 8 32pm ~ Kitchen No person Residual __~-t ---.-i-.-_._. ~ ______'_7 9/13 ~ 6:57am _~___i_ Bedroom Standing_@_BottomofStairs~ Standing @ Bottom of Stairs - Kitchen & Living Room Sean breathing problems from 7:15am cold ~ i 9/14 ~ 6:50am Bedroom and Living Room Balcony ___~ ~~ ~ Strong - 9:21 am Bedroom Frm Floor and Air Vents __ ~~:OOpm i Bedroom & Living Room Balcony~____ --- + -~ ' From Bottom of Stairs - '; ____9_/_1___5___ j 7:10am ~ _ _Trough AC Vent _ __ No_Person - Residual _ _ ' ~AKitchen & Living Room From bottom of stairs - ~ No i person -Residual -- someone on I, ` 9/16 7 02am ~ __ Balcony at the same time ~I .----~ __- ----i------- ----------- - -- _ I 12:05pm~_ Bedroom Frm Floor and Air Vents ' '~ _ 2:02pm ~ Bedroom Frm Floor and Air Vents Very Strong - In Bathroom Area ' 7 29pm Bedroom Frm Floor and Air Vents !Y_____ 7:51 pm I Bedroom Frm Floor and Air Vents --r~-_. __ -- - - ~_ 9/20, __ i_ 7.36am_ Bedroom and Bathroom Area Frm Floor and Air Vents ^~~ Ve Stron _ ~ 7 58am ~ Bedroom Frm Floor and Air Vents __ 9/21 6 11 m Bedroom and Livin Room Frm Floor and Air Vents__ _ '' _...a __.P.- -~- - --g---- _ _' 6.25pm ~__ Kitchen No person - Residual_ ____ - I _ 7. 0.0_pm _ ; Bedroom and Living Room _ Frm Floor an_d Air Vents _ ~ ~ Balcony -- So Strong Grandson 9 21 _m I Bedroom had to Leave Bedroom .~ _1 p- -- - ___ _____ ____ _ ___ ___ __ y .. _. _... _ ~_._._._. .__. ... -_ .. . _..._ _._ 9/22_ _ ~ 10 23pm _ Living Room Frm Floor and Av Vents --'- - - _ Could Not Determine _ 9/25_ ~ 4:53pm _~ _____ Living Room ~ Balcony or Below____- 7 41 pm _ ~ _ Living Room ~ Balcony _ _.. _... i 9/26 + 5 34am ~ Lrving_Room _ _____ __ _Frm Floor and Air Vents I 7:38pm Bedroom Frm Floor and Air Vents L- -._ _..___. Carole A. Burton - Del Mar I Apts. 2 DRIFTING SMOKE LOG Date i Time 1 Drifting Smoke Location T Comments ~ - ~ _.9/27_ i__ 8_42am ~ Bathro om Area Into Bedroom , Frm Floor and Air Vents i _ _ ---- ~ I ~ From Bottom of Stairs - ____ __~ _ 8:40pm _~_ __ -Living Room No Person_Residual __ _ Y 9/29 ~ 1 33pm I_ _ Bedroom and Living Room _ Frm Floor and Air Vents _ i __ __ .a __ 8.58pm ~ Bedroom and Living Room _ -- - - - _ Balcony _____ _ 9/30 I - ---- I 6 58am _ _._ _ Bedroom and Living Room _-. .- _ - _._ . -- --- --- - .. -- Balcony j - --. . --- - - __ I Very Strong - I 6 Bedroo athroom ~ B - 10/02 { 47pm edroom Frm Floor and Air Vents `; _ 10/03 { 7;17am I _ --Dressing Area ... Frm Floor and Au Vents -~ ~ 8 32pm__~ Living Room I Balcony ' i 10:27pm i -v .- - Bedroom and Living Room ~_ „_ _ _ Frm Floor and Air Vents _ _ _ I- ----' - _ ------=- ---=- _ - __ -- --- ---- 10/04 I 7:43am I Bedroom Frm Floor and Air Vents ~ i 832pm , Bedroom Balcony ___ ._._._.._____. - _ __ -i----------- _--------- ---- - _______ ---------------- -_...---.. j 10/05 i 8:11 am i Bedroom Frm Floor and Air Vents , ~! i- ------ --------- ------- - -- - ~ 1.02pm ~ Bedroom Frm Floor and Air Vents _ _ __ _ ~ Very Strong - I i- 9 13pm_ ~_ __ _. ____ _ Dressing Area_ ___ __Frm Floor and_Air Vents __ __~ ~ I 10/06 i ~ 6:35pm I Living Room BalconyuHad to close Patio Door) _ , ~ __ _ ~_ I __ ____ _ ` L 7 45pm ~ Bedroom Frm Floor and Air Vents _.._____._ _ _ -- _____ ---- I F a 8 26 m P Livin Room 9 -._.-- - Frm Floor and A,r Vents ---..___, __ __ _ ' 10/07 ~ 6 52am ( Living Room Balcony . _ ...__, _. I 1. 10/08 ! ___ -._._- 6:50am ~__W -__Livingroom ~_- - _ _ - _._ Balcony.- ~__ j 9 25pm Bedroom and Living. Room _ Frm Floor and Air Vents i 10/09 i 5 33am Bathroom ~ Frm Floor and A,r Vents ,, t _... 7 OOpm _~_ r --~--- __~ - Bedroom and Living Room -- -- .- _ ~--- _.. i _~ Balcony _- i - 10/10._. ~ 9 26am ~ Bedroom - -_ .. Frm Floor and Air Vents _-- I I i i Very Strong - _-- 10/11 ~ 10:14am I Bedroom -Near Bathroom ~ Frm Floor and Air Vents I .- ---t- --- --- - --- - ' 1 9:31pm ~ Bedroom I Frm FI oor a ndA ir V en ts '. L __ __ _ _ _ _ __ _ _ _ _ ... .. .-._J I 10/12 ( 7:09am ~ Livin Room Frm Floor and Air Vents I ~ y__ ~ __ __-__.__.__ ____..__.___. a r _ _ _ ~ ' w I ` i 8:33pm Bedroom nd Living Room Frm Floo and Air Vents I -._ ..__.-. __ __ _ _ _ _ _ - _ _ __ _ Through Window -Residual - No ' ._ ..___: ~ 8.59pm . -----_-.~ Living Room :_W ._ _ --------- ~ __ person ' -- --- --- -- Carole A. Burton - Del Mar I Apts. DRIFTING SMOKE LOG Date Time ~ Drifting Smoke Location j - Comments ~ ,10/13 _ ~_ 6~59am __ ,_ Living Room Balcony_ Windy Day _ _ _ I ~ ! 11:58pm Bedroom ( Frm Floor and Air Vents ( I ; Very Strong - _ ~ 2:OOpm I . Bedroom and Living Room ' Frm Floor and Air Vents ( -- t __ -- -- --_..._. _.___ 8 45pm ( Bedroom ~ Strong=galcony 10/15 7:07am i Bathroom ! Frm Floor and Air Vents 1 --- --- r-- - - _ I 7:18am Bedroom and Living room ( Frm Floor and Air Vents ' -` 10/16 -_-' ` 6:43am ~ _ Bedroom ( -_ -' Balcony .- ._ _ ' _10_/17 - - -- .-~.-_._ ! 7:12am - ~- .-.._ ~ I Living Room ~ a y Balcony ~ ' --- - - ~ I - i 10/18 i 7 24am ! .,_ Bedroom and Living Room I~ _~ Balcony and Below ' 8.01 am . r . - - a ---- Livin Room -._ ... - -----g -__ -- --I- Frm Floor and Air Vents _ _ _ _ . . - _) t 8 35am ~ Bedroom and Living Room j Balcony _ -- --- -- 10/19 f 7 04am _Living_Room_ j Frm Floor and Air Vents j I 7:24am ~ Bedroom and Living_Room_ 1 Very Strong m Bedroom Balcony ~ 9 OSam ~ Bedroom and Living Room ~ Frm Floor and Air Vents _.~ _ _ 4 53pm ._ Living Room ~ __ ~_ __ _ Balcon Y _ 7 59pm ~ Bathroom ' _ _ _ ~. _.._ _.. Frm Floor and Air Vents 10!20 # 7 56pm . 7 ~ Bedroom 1 -- - - Balcon Y - ..! -_ -- __. -- __ _' __-.__ -- --- -"'-ryi~ _ _ _ FromBottom of Stair Area 10/24 I 7 33am Livin Room ! --- Residuah ~ . , - -( _-- _ ~ `^__ - ~---~-- -~-`-_ I 10/27 - 3.36am - _; ..._ _--__----1 -- Living Room ----- -- ~ Balcony __~_____ j ' ! 7:33am I 9 12 tJ __ Living Room __ I Frm Floor and_Air_V_ents ____! : am Bedroom Frm Floor and Air Vents I ~i --10/31- --~__ $ ~~pm - ---- -----Living Room ---?- -------Balcony.-------- - ---{ ' _ ! _ 9_55pm-__ a _- ____ Living Room _ i From Front I - - -- - --- _ . ----r- - -- - , -- - _- _ 11/01 7 19am _Bathroom _~__ ___! Frm Floor and Air Vents ___ - _ 7:34am I _ Living Room ~~_ - Balcony___~ i i Stronger in Bedroom - '• 8_32pm ~ Bedroom and Living Room ~ Frm Floor and Air Vents __ -_ ,____ -_ _ __ _ - ___ ~ 9.07pm G Bedroom and Living Room ~ Frm Floor and Air Vents 10:02pm~ _ Bedroom and Living Room j Frm Floor and Air Vents Carole A. Burton - Del Mar I Apts. DRIFTING SMOKE LOG Date Time i i Drifting Smoke Location - L ---------__._______._ Comments ._.._. ._ _,.. ~ .._._ __- r -- -_...._ 11/02 ~ 7 55am i Bathroom Frm Floor and Air Vents , 8 38am Dressing Area Frm Floor and Air Vents ~ ' ~ I Balcony - 9:34am _ Living Room _._ Had to Close Patio Door r _..._._._._ . 6:52pm i __ ___ Living_Room_v ~ i Frm Floor and Air Vents ~ 9 20pm ~ ~ Bedroom Frm Floor and Air Vents f ._ . ___._ _ ,_._-. . __~ _ ., _....._~____ 11/03 6 29am i _ Bedroom and Living Room _.__ Very Strong in Bedroom ' { ; ~ Stronger in Bedroom- _,11/04 620am i Living Room & Bedroom Frm Floor and Air Vents ~ _ _ _ _ --~--~~~~~ Very Strong - 10:20a Bedroom Frm Floor and Air Vents Very Strong ' 7 59pm Bedroom Frm Floor and Air Vents ._. 11/05 _ ! _~_ -r- 6 47am _ ~ . ___-~. Lroing Room_ ~ --- -- -- Balcony 2 12pm ~ _ Bedroom _ _ Slight Frm Floor and Air Vents j ___ 7:13pm •. _ ~ Bathroom Frm Floor and Air Vents __, _ _ ___ 7Y56pm - _ - Living Room ___._~_ --- f r Frm Floor and Air Vents__ - _----..__. 8 39pm ~ _ Living Room_ f ' Balcony _ _„ _ 11/06 ~ 6 34am ~ Livin Room g Frm Floor and Air Vents _ -+ -- --- -- -- --- - -- --- - - 9 18 m I Bathroom ~ Frm Floor and Air Vents ` 11/07 .. .__ 6 51am ~ .. " _... ... __.. - _ Lroin Room ... ... _. ...j F Fl d A V -- _ 740am ~ _ _ g _ Livin R _ rm oor an ir ents _ _ __ ~__ g oom ~ Balcony_________~ ~ ' 6 57pm " ~, ~ Living and Patio --- ~ _ _ Balcony _____ , ~, ~ 11/08 r ----- 5 51am ^ -- i ~ Living Room Balcon ._Y ._.J -_ _ _. 7 OOam s _ Bathroom Frm Floor and Air Vents ___ - -- ------ ----------+ I Living Room - ~ Very Strong - i _ _ _ _ t 8~07p Bedroom ; Frm Floor and Air Vents ~ ` 11/09 6:58am Living Room ~ Frm Floor and Air Vents ,~ _ -Very Strong in Bedroom - I 7:12am Livin Room and Bedroom -I --- Frm Floor and Air Vents ---- ---- --------...-.- - ~ 8:09am ~ Bedroom Frm Floor and Air Vents _~__ _ " __ _~ ~ 8:23am ~ ' 8:24 m ! ~ p ( -- Living Room Livin Room 9 Frm Floor and Air Vents Frm Floor and Air Vents ----- _..- - - -------- - ~-- -- -- --- --- ------------- --- --~ . t----- i _ __1.1/10 _ i _ 6:56am Living Room Frm Floor and Air Vents _ __ ____ i ___ ? 7 31am + Living Room into Bedroom __ Frm Floor and Air Vents _ 12 44pm _ _; ~ Living Room and Bedroom _ - ~ Frm Floor and Air Vents --~ Carole A. Burton - Del Mar I Apts. Date Time ~ ~ 11/11 ~ 6.01am 6.39am 7:45am DRIFTING SMOKE LOG ~g Smoke Location __. i Bathroom Comments Balcony _„_._ _. „Balcony __ __ ~_'~ Frm Floor and Air Vents Frm Floor and Air Vents ' 12:58pm ._.__._.___ _. __..... ; _ Living. Room into Bedroom ! Frm Floor and Air Vents _ _.._ _.,~, _,___._~ _w~___--- .w.__.~.___..._---i ___, 5:51 pm _ I __~_ Living Room ~ I Very Strong_ Balcony j _ ~ _ _ _ 6 12pm .Living Room ~ Balcony I 7:37pm ~___ Living Room__ ____ __L____ __ Balcony ____.__ ___.._~ ~. Living Room, Bedroom & i Frm Floor and Air Vents -Are they _ _. _..__ 7:55 m ___R Bathroom ~ _._.___.~_~_ _.A.._~...____._____ I Li htm and_leavmg to burn? ': _~ _..~. _._._9__ _g ---- 9:02pm ~ ___ Living Room _ ___ I _Frm Floor and Air Vents --- -__ _r ___ ~_ __ __ _ ____ .__~_____. ~_ ._ . ~ _ 11/12 6.51 am ! Bathroom _ ; Frm Floor and Air Vents Frm Floor and Air Vents 7 40pm Lroing Room and Bathroom ~ Sean had cold _ 11113 , , 6 09am I Living Room _ ~_ Balcony ~ _ _ 6:51 am Bedroom '. Frm Floor and Air Vents _ 2:14pm vj Tenants returned - We left until 9:OOpm^Sean Still Had Cold '; ', 1.1/14 _~ .... ._ 7 09am _.___..__..... Lrvmg Room . . _... __.~._~....... _ _ j Balcony y ~~ µ . _ .. ~~ _ _._._ ___.~ I i Very Strong - _ 11 19pm j_ _ Bedroom __ _ ~" _Frm Floor and Air Vents !. an Still _ .. __ We Left Se,. _ ~ -- Had Cold) returned 920pm _ ! 11/15 6~06am I Bedroom ~ Frm Floor and Alr Vents _ . ..____ ..__ .. .. 6 54am Bedroom i ~ Frm Floor and Air Vents j We Out of Apartment until 9:30pm _... _._ _ Very Strong - 11/16 _ 6;38am Bathroom ~ Frm Floor and Air Vents I ~ Stronger in Bedroom - 7:06am Bedroom and Living Room _ j _ _ _Frm Floor and Air Vents , We Out of Apartment until 9 O5pm _ ~w_~._ , _.,_ ___. ~~ _ -- ~~~ -~ 11/17 5 56am ~ Bedroom _ -- --- - ', k Frm Floor an tl Air Vents I _ _ 6 40am Bathroom ~ Frm Floor and Air Vents '~ __ __, _ . .____. _._._. _.~_____ ._,~ __r__, ~---._.. _.____.. ---_______._. . _ 7:20am ______ Bathroom ._J_________ _----__..__ __ + Frm Floor and Air Vents _ _ .m ___, _ _ ____ 11/19 6:58am ~ Living Room and Bedroom Balcony a I , _ - ~~ 7 24am ;_ Bedroom Balcony i _ 11/21 ~ 6 21 am ~_ Kitchen _ 1 Under Steps__ Residual? _ 6 34am E Living Room ~ Balcony _ Carole A. Burton - ~el Mar I Apts. 6 DRIFTING SMOKE LOG Date Time Drifting Smoke Location Comments ' 11/22 7:21am Living Room ~ Balcony __ ____ 5:1 Opm ~ Living .Room __ __ t Frm Floor and Air Vents ....___.__ __.-- ---__ _._. ' S 36pm __ ___. Bedroom ~ Frm Floor and Air Vents 9 26pm i Living Room i Balcony , 11/23 , ' S 54am ' Living Room_ _ ( Balcony Very Strong - 7:14am Bathroom Frm Floor and Air Vents Balcony Raising Smoke Could __ 7:14am Living Room _ _ i 1._......_. ___._~._ -.~ Be Seen ' 7:46am ' Living Room ~ Frm Floor and Air Vents _ ___ -~_____ - i 7 54am -- Living. _Room_ .__-._. __-__._~. Balcony .____~. ______..__ ___.._._._.__w_ 8 58am Bedroom Frm Floor and Air Vents 9 29am Bedroom ; Frm Floor and Air Vents ': 6 30pm Living Room and Bedroom I Balcon Y _... ._- - --___a- -__~~. ~_.._ _ __~ .__ 11/24 7 07am Llvrng Room mto Kitchen I Frm Floor and Air Vents I 7 28am _ _ ~ ,Bedroom i __ ___ __...f Frm Floor and Air Vents _ __ 8 18am Bedroom and Bathroom i Frm Floor and Air Vents 5 02pm _ Living Room and_Bedroom ~ _ Balcony _ _.. 6:33pm _ _ Living Room __~__..__ _:._ . ___Frm Floor and Air Vents 7 14pm ~ Bedroom and Bathroom j Frm Floor and Air Vents 7 52pm ~ Bedroom and Bathroom l Frm Floor and Air Vents _ , ___a-__9.24pm ~ _ Living Room _~~ ~ ^ Frm Floor and Air Vents 11/25 527am __._ _ LivingROOm_~~W__~ _ ___ _ _ _____ Balcony ,_-_____ ___. ', 5:47am , - _ Living Room _-_; _ _ ~ _Balcony __ ' 7 04am , Bedroom ~ Frm Floor and Air Vents `: 11/26 6 01am Living Room ~ Balcony 6 36am Living Room_ i Balcony ' i 7 34am i Bedroom/Dressing Area I Frm Floor and Air Vents ._ _ . .. ___ _ {~__- _e_____~ 8.11am ': Bathroom ~ Frm Floor and Air Vents 9 57am _ Living Room ~ Not Sure Balcony or Frm Floor 11 52am Bathroom _ _~ , ,Frm Floor and Air Vents ' I Very Strong - 10.40pm I _ Bathroom__ ~ Frm Floor and Air Vents Carole A. Burton - Del Mar I Apls. 7 DRIFTING SMOKE LOG Date Time ~ Drifting Smoke Location Comments ! '...._,1-1/27 ____6:49am {__ ~_ Living Room-_ ~ ~- Balc_ony_i_A - --- - _..__ _ 8:13am ------ ~ _ Living Room -- - I --~ __ Balcony r _ --- 9:55am ~ Bedroom and Bathroom _ ! Frm Floor and Air Vent: j 10;34am Bedroom and Bathroom Frm Floor and Air Venn 12 56pm ~ __ Bedroom and Bathroom _.__. ! Frm Floor and AIr Vent: Very Strong -Bedroom _ 1-1/28 _!_ 7 12am J _ _ __ .Bedroom and Bathroom ____ - { - - Frm Floor and Air Ven_t_s -- __ T ~ 7:21am ~ - Living Room -- I Balcony ! ,_ _ __ ____ 11:05 m t-------- ---- --- - Bedroom and Bathroom -- __----- Stronger in Bathroom - 7 --- - - ---- __ _ --- ___ 11/29 6:17am I I ivinn Rnnm ct~i,..,..,, _ ! ti:3aam ! Bathroom I Frm Floor and Air Vents '- ------ I 7:19am ! Livin Room ( Balcon ~_..-- --- ---- - - ----------- ----- ----_ g--.-------------- ---y---- 7:19am ~ Bedroom ____~_ Very Strong -From Floor ___ F---- - ---~;---------- ------- 8:02am _Bedroom and Bathroom __~ Frm Floor and Air Vents i---------~----._. ~ Very Strong - 9:04am ! Bedroom _ I Frm Floor and Air Vents Under Stairs @ Apartment Door - i 11:O5am ! Kitchen _ Residual -.-.- ---- -,------- ------1-_ _ _ _. __ ._ -._._. _ .--- ---- ~ 5 55pm _ ~ Living Room and Bedroom ' Balcony _ 11/30_ ~ 7 09am _~W Living Room ~ Balcony rn` _T_ ! N 7.34am Living Room ~ Frm Floor and A!r Vents ___ ! 7 57am~ ~ Living Room I Frm Floor and Air Vents Very Strong - 8 22am Bedroom ~ Frm Floor and Air Vents ! 8 29am ~ Living Room_ Balcony 9 53am __ Bedroom ~~ _ Frm Floor and AIr Vents 10.45am 1 Bedroom and Bathroom ~ Frm Floor and AIr Vents _ L._-_...._ _.....-._ Very Strong - I: 12 21 pm Bedroom i Frm Floor and Air Vents _ ~ 1 51 pm ~ Living Room ~ Balcony .. .. ~ _ ._. __._.._ _._.._ ._ ___._ _ --_ .. g I No Person -Residual of Leavin __- 221prn _ I___~Kitchen _~ Apartment_Smoking? _~ _._-_1..____.. .. `-~ Very Strong - i~ ___ __ 9 18pm jT Bedroom j Frm Floor and Air Vents 12/1_ 7 16am _ Kitchen ~~ _Under Stairs_ _ _ ___-__.~-L___5:24pm j __ Living Room ___ _ Balcony_ _' i 6:01 m i Livin Room is --- -- -+ ---- -p----= - 9------- Balcony----------- --- -- - ------------ I 6:41pm __ __ Living. Room and Bedroom Balcony __ _ __ __ I 7:42pm Living Room Ralrnnv ! Stronger in Bathroom - ',-.___ _. i 8.37PM Bathroom and Bedroom Frm Floor and Air Venn Carole A. Burton - Del Mar I Apts. 8 d N L a d .~C O C r 'a C O V ._ V C~ ..~ 0 0 N ., L . ~ C~• U ~ O _ ~ ~ ~ ~ O .V 0 0 ~ c~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~' ~ U ° o ~ ~ '~ ~ ~ ~ ~ _ U ~ ~ ~_ o ~_ U ~ o ~ ~ ~ ~ ~ _ ~ ~ ~ ~[ N ~ }' U ~ O U ([3 ~ ~ ~ ~ ~ ~ ~ O ~ m ~ U ~ U O D D D D D D C O i C Y V m c~ a~ ~ U ~ ~ ~ O .~.~ U ~ to •--~ ~ U ~ ~ ~ ~ ~ .~ ~ ~ L U_ ~ ~ ~ Q 4) ~~ ~ O o `~ ~~ ~ ~ ~~ o ~ ~ ~ ~ o ~ ~ ~ ~ 0 a~ .~ a~ .~ .V O O 0 u~ a~ 0 N U (6 Q U _~ 0 0 a~ c~ a~ L ~ O O °~ ~ ~ ~~ ~ O O O ~ ~ ~ O O ~~ ~ o }, ~ ~~ o c ~ •~ L ~ ~w o_ v ~U ~ ~ o° •~ .~ w ~ .~~ Q~ NN a--~ L.L ~ ~ ~. ~ -~ . c~ ~ ~ ~ ~~~ ~ . 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O A ~ d N ~ _O fq C m ~ i R M E w t C O m ~ ~ O .C ~ O V 3 ea J ~~ ~ ~ U ~ -Y C ~ O ~ ~ ~ ~ ~~ ~ ~ ~~~ °o ~ °00 ~ ~ ~~ c~ Q c °o ~ N _V ~ ~ ~ C ~ - -~ 0~ ~ O -~'''' ~ ~ Q ~ ~ . . ~--~ a--+ ~_ 0 Q ~_ N ~r ;[ O ~ ~ ~ J i~ o ~~ +.~ ~ ~ ~ ~ L ~~ L U ~ ~ ~ ~ O L - ~ ~ ~ O o ~~ ~o a, ~, L• ~ c~ O ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~> Cn ~ N .~ .~ O~ ~ O U O~ ~ ~ ~ U U ~ ~ ~ ~ O >~ ~~ ~ O ~ ~ ~'-_+ ~ U ~ ~ U t~ ~ ~ ~ ^ Q .~ (~ O U L N -~ ~U ~ ~ Q~ ~ ~ ~ ~ ~ •~ ~ ~ (~ ~U > ~ ~ c~c~~c~ ~ U oo ~ ~ ~ ~ O ^ ~ -~ J J ~ ~ ±-+ O U ~?~ ~ ~ O ~~ O ~ ~ ~ ~ ~ (~ O - O .~ _U L ~ ~ ~ ~~ ~ ~ ~ ~ .~ ~ O ~ N ~ rl^~ . 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H O C • V ,~' ~ O O Q ~ N ~.~ o ~ cv ~ ~ QU .~ ~ a ~ ~ O ~ cn ~ ~ ~ ~ .~ ~ C ~ ~ .~ .c cv p ~ ~ .ca m N ~ U_ ~ Q ~ ~ N ~ p ~ ~ ~ O ~ O ~ }, ~ ~ ~ ~ a~ ~ cv o ~ ~ ~ ~ O O p L >+ ~ L O Q O O +r ~yUU~~~ YU~QUZO .~ ~ ~ ~ ^ ^ m~ m~ N c r m ~ c 0 v xt Q ~ o ~ 2 m c ~ .Sd O ffi U~ c H " Y c~~ h ~' c E ~ ~ c ~ ~ ~ ~ ~ ~ a ~ ~ 2~ ' ~ 2~ Q m v7 v1 s m E =~ m~ ~ a y 0¢ c ~ . i a a u 4 w ~~ ~ E ¢ t n 1 ~U i d J+ U ~ ~ ~~ _ ~~ ~ ~ m ~~ ._ ~~Y ~ ~ ~ ~•L cNn~ c~~o ~,~~~ mho C N ~ O ~ ~ v ~ ~ ~ ~ N = ~ ~ N ~ ~ ~ O •~ ~ N ~ ~ ~ ~ ~ N a ~n~ ~~~~N 3°~~~ Q ~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ ~°a~i~ aO~o~ ~ ~a~- o ~ ~- o ~ -~ _ }. V U) c''"n o Z (n 'v, ~ ,~ ~ W can ~ N O O .~ W ~ O c~ d as V ~ ~ O ~ o ~ ~' Cn V1 ~ N ~ ~ -~ ~ ~ ~ N ~ .~ V ~ ~ ~ ~ ,~' ~ Z ,~ ~ 0 ~ ~ ~ - co ~ _ (n ~ ~ ~ ~ ~ N ~ o ~ L a ~ ~ v ~ ~ fY1 ~ ~ s 3 ~ to p L ~ ~ = ~/ ~ ~ a, W 0 ~ 0 _ r^ V+ a ° ~ can ~ ~ `~ 0 ~ ~ ~a ~ 3 . O c~ C O N ~ '~ O O t~ N ~ ~ ~ O ~ ~ ~ N ~ L ~ U ~ (a ~ L v ~ O O ~ N ~ ~ m O O O ~ ._ ~ ~ ~ ~ ~_ S O N .~ O cn C 0~ ~ O ~ N ~ ~ (~ C O ~ ~ ~ ~ ~ ~ ~ Y ~ U O~~ ~ L (a ~ C m~ O -p N _ c~ ~ ~ O ~ v1 -p ~ O ~ O ~ ~ O ~ O O O ~ ~ .~ Q ~ ~ ~ ~ ~ O ~ 3 ~ O ~ •~ ~ ~ O N O ai ~ N d~~°-vi~~o~o~~~~ ~_ O cn ~, ~ ~ ~ O }, O ?~ cn O ~~ U C C U ~"' p ~ ~ C vt~.~vs zU~a ~o cn°wo ~~ ^~ ~ O ~ N ~ - ~ .. ~ m ~ ~ .V ~ "a ~ ? ~ U ~ p p L N p ~ (0 ,~.+ ~ ~ (0 ~ ~ ~ ~ ~ ~ m ~ ~ .~.~ ~ ~ O ~ ~ O ~ ~ ~ ~ _ p p ~"'~ ~ ?~ p ~ ~ ~ O p c (~ O J p _c ~ N d . o ~ ~ 3 ~ ~~ ~ ~ ~ ~ ~ L o N p ~ a ~ ° ° a ° w t z ~ ~ z .. ° o c n Q ° ~, C V/ O y -~ ~ L O O _ ~ ~ ~ j = ~ a O d~ m O ~ .V ~ ~ X ~ .Q _ .(~ L •.+ ~--' _~ .ir G1 Q~ C ~C ~ ~ Q ~ U (a C ~= ~ O ~ O _ ~ L ~ ~ V) O ~ O O 3 ~./ • ~ ~ O ~ O +~ wL w ~ ~ }, w -v ~ 3 c ~.. ~ ~ c ~ L ~ c a .~., f-+ O ~ Q O ~ ~ ~" O CO ~ ~ ~ Q ~ O ~ Q ~ L • • V ~/ ~ n ~ (~ Z ~ _ (~ Q ~/ ~ w ~/ ~ n C~ ~- ~ O U ~ N N ~ ~ ~ w _0 ~ ~• ~ ^ o O ~', ~ ~ O ~ w _ t0 ~ C C U V A ~ N to C ~ ~ ~ ~ C ~ 'L ~ ~ C ~ C O •V j N ~ ~ ~ O - ~ p ~ C - ~ p •- ~ V X 0 0 O -~ o ~ ~ N ~ ~ ~ c ~ ~ O c~ ~ ~ c_ ~ ~ ~ c ~ ~ U 3 ~ c~ > o o ~ ~ ~~ ~ a o o ~ ~ ° ~ c ~ ~ o 0 v cn ca ~ z cn ca - ~ cn z i -o ~ a~ 0 ~ N O ~ TT ~ w w ~ L ~ TZ1 ._ ~V ~ ,n V / }+ O m ~ O ~ O .` .X ~ ~ ~ O ~ = O N ~ N ~ N V ~ ~ ~ O ~ m ~ ~ ~ C O ~C O C ~ _ O ~ _ ~ ~ ~ ~ _ ~ ~ ~ _ ~ U ~ ~ O O ~ ~ O N ~ O ~ ~ i ~ ~ ~ ~ +-~ ~ ~ ,~ }' ._ L O (n C O ~ ' ~ .~ to ~ ' N C as ~ Q ~ ~ o U ~ ~ . 3 Q Q o p C Q N L ' C -1~ Q ~ O '~ O E O O ~ O X ~ ~ U (n c ._ Z W ~ v cn ~ W ._ ~ Il ~`1 ~~ ~/# }/ O ~~ ~ w l.~ ^ O ~ ~ ^` 0 ~ ~ ~ ~i ~ O ~ ~ YI ~ ~ ~ O ~ _ III ~ as ~ c ~ am- ~ ~ ~ ~ v L t 3 ~ a~ c °' ~ o o~ a ~ ~ ~ °' ~ ~ O ~ ~ ~= O c~ c o G X ca N V (n .~ ~ Z (n v ° V~ W cv ~ N L Q c 0 E E 0 v 0 0 3 0 ~ ~ y o o ~ Ri m (6 ~ 0 ~ ~-+ ~ ~ N N ~ ~ ~ U ~ 0 ~ 'L U 0 t~ ~ ~ L o 0 ~ ~ o ~ ~ ~ ~ ~ ~ ~ o -~ ~ O ~ ~ ~ = N ~ O O v ~ ~ V1 0 0 0 0 ~ ~ U U L -~ ~ ~ ~ ~ ~ O ~ ~ = mo ~ o U ° O ~ ~ ~ a~ Q ~ O ~ ~ O ~ ~ ~ tII O ~ O O Q O N O V (n .~ cn .~ Z U ~ .~ co to ~ v r L ~--+ ~ ~ -f--+ ~ ~ O ~ ~ L ~ ~ ~ U O V ! ~ O ~ N ~ U ~ U O _~ ~~ U~ ~ (~ +~ ~ O ~ ~_ ~ ~O ~ Cl~~~ ~~ '~ ..~' ~ O f~CN '~ V ~ ~~~ ~~ ~ ~ .V .~ ~ ~~ ~~~ ~~ O~ ~~. 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