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HomeMy WebLinkAbout2010/02/03 - Minutes - SpecialFebruary 3, 2010 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, February 3, 2010, in the Tri-Communities Room in City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor/Chairman/President Donald J. Kurth called the meeting to order at 3.32 p.m. Present were Councilmembers/Boardmembers/Agencymembers: Sam Spagnolo, Diane Williams (arrived at 3:38 p m.), Mayor Pro TemNice PresidenWice Chairman L. Dennis Michael and Mayor/PresidenUChairman Donald J. Kurth. Councilmember/Boardmember/Agencymember Rex Gutierrez was absent. Also present were. Jack Lam, City Manager/Executive Director; James Markman, City Attorney; John Gillison, Assistant City Manager, Linda Daniels, Deputy City Manager/Economic and Community Development; Fabian Villenas, Principal Management AnalysUCMO; Erika Lewis-Huntley, Management Analyst II/CMO; Kurt Keating, Code Enforcement Supervisor; and Debra McKay, Assistant City Clerk/Records Manager. B. PUBLIC COMMUNICATIONS B1. Ralph Hernandez Jr. stated that he lived in the City, was a cancer survivor and a businessman. He noted that second hand smoke contains 4,000 chemicals, 69 of which cause cancer. Mr. Hernandez indicated that the American Cancer Society is a strong supporter of a smoke-free outdoor policy. He supported regulations restricting second hand smoke. B2. David Madsen noted that he lives in the City and serves as a volunteer for the American Lung Association. He supported prohibiting second hand smoke as 392,000 people die each year from tobacco-caused diseases and 50,000 people die each year from exposure to second hand smoke. Mr. Madsen indicated that there is no risk-free level of exposure to second hand smoke. 63. Shawn Huber, from Buffalo Wild Wings Grill and Bar, pointed out that the smoking ban in Santa Monica has resulted in smokers loitering in front of restaurants, causing patrons to walk through clouds of smoke. In addition, smokers drop trash and cigarette butts along the sides of the street. Mr. Huber stated that the bar or restaurant owner should decide whether or not to restrict smoking in their establishment. He stated that 12% of his sales come from patio seating at his restaurant B4 Patricia Meyer stated that second hand smoke is a serious health danger. She noted that she is < Legislative Ambassador for the American Cancer Society and supported second hand smoke restrictions. B5. Patricia Gonzales read a letter from Carlos Carrio, Health Educator/Wellness Coordinator from California State University, San Bernardino. Mr Carrio supported regulations reducing the amount of second hand smoke in the City. Ms. Gonzales referenced the community survey and pointed out that a majority of those surveyed supported a City policy prohibiting smoking in outdoor dining areas. She supported a no smoking policy as well. B6. Dr. Sunil Saini, stated that he specializes in pediatrics, allergy & immunology at San Antonio Hospital. Dr. Saini indicated that exposure to second hand smoke diminishes the lung capacity in children. It also has been linked to heart attacks. 67. Jim Moffatt did not agree that second hand smoke was harmful outside where the smoke tends to be less concentrated. He expressed a concern that businesses were asked to put in patios for smokers and now the City is proposing to keep smokers from using the patios. Mr. Moffatt stated that he banned smoking in his restaurant in 1983 and indicated that this matter is a decision for each business B8. Bill Hanlon stated that he lives in the City as well. He stressed that he had the right to die from cancer. Mr. Hanlon noted that a previous survey had indicated that most people were dubious about any additional regulations. He asked that the Council drop the matter. C. ITEM OF DISCUSSION DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Jack Lam, City Manager, introduced Fabian Villenas, Principal Management Analyst/CMO, who presented the staff report. Mr. Villenas gave an overview outlining and reviewing topics for the discussion He stated that on October 7, 2009 the City Council directed staff to prepare an ordinance prohibiting smoking within 20 feet of transit stops and train platforms and within 20 feet of outdoor service lines; asked staff to solicit input from restaurant owners/managers regarding no smoking policies at outdoor dining areas; requested that a recognition program be developed to encourage smoke-free apartments, hotels and other businesses; requested further information on how other cities have restricted smoking on streets and sidewalks; and meet with Victoria Gardens management to discuss voluntarily implementing smoke-free areas at the center. Mr. Villenas indicated that an ordinance prohibiting smoking within 20 feet from transit stops and outdoor service lines was prepared and provided to the City Council for their consideration. This ordinance prohibits smoking within 20 feet from transit stops, train platforms and outdoor service lines; requires the posting of no smoking signs wherever smoking is prohibited; and designates violations as infractions punishable by a fine not exceeding $100 for the first violation. Discussion was held on the outreach to Rancho Cucamonga restaurant owners/managers. Mr. Villenas stated that 20 restaurants with outdoor dining areas were randomly selected. Staff was able to interview 16 of them He outlined the results of some of the questions that were asked. In response to Mayor Kurth, Mr. Villenas confirmed that 8 restaurant owners/managers were supportive of the development of a city policy that would prohibit smoking in outdoor dining areas. Mr. Villenas addressed the workshop that was held with restaurant owners and managers. Six individuals attended the workshop None of the workshop participants supported a no smoking ordinance in any form. Councilmember Williams inquired if an employee could protest working a patio that was designated for smoking. Also discussed were the results of the restaurant survey that was sent out in November, 2009 Mr. Villenas noted that the return address on the return envelope was in the wrong spot Many respondents copied the address to the right location. He discussed the results of the 80 surveys that were returned. Mayor Pro Tem Michael inquired about the statement, "Support a policy that prohibits smoking in outdoor dining patios?" and wondered why some restaurants would agree with that statement In response to Mayor Pro Tem Michael, Mayor Kurth expected that they are in favor of a City-wide policy to ensure that Special Joint Meeting Minutes of the Rancho Cucamonga City Council/Fire Protection DistricURedevelopment Agency February 3, 2010 -- Page 2 of 4 all businesses are treated the same. In response to Councilmember Spagnolo, Mr. Villenas stated that of the 80 respondents, 41 percent have outdoor patios. Mayor Kurth noted that the one-on-one survey was done solely with restaurants that had patios. Mr. Villenas stated that staff contacted the California Restaurant Association (CRA) and was told that they oppose no smoking policies. However, if the City chose to move forward with such a policy, the CRA would be interested in working with the City to create an ordinance. In October, 2009 the Council did not make a policy decision on whether to prohibit smoking on streets and sidewalks and requested further information. Mr. Villenas reported that the approaches taken by the cities that prohibit smoking on streets and sidewalks fall into two methods: geographic (prohibited within a specific location/area) and proximity (some prohibit smoking within 20 feet of an area where smoking is restricted). In response to Mayor Pro Tem Michael, Mr. Villenas noted that staff spoke with the City of Loma Linda about enforcement. Their ordinance is very strict but the City felt that most are complying with the law. Mayor Kurth noted that many of these approaches were enacted to be self-enforcing Mr. Villenas stated that direction would be needed if the Council wished to pursue this policy decision. Mr. Villenas outlined the basic framework for a recognition program that identifies those businesses who have voluntarily taken steps to create asmoke-free environment. This Smoke-Free Recognition Program would be incorporated into the City's overall Healthy RC initiative and could include recognition at City Council meetings, information in publications, window stickers, etc. He also addressed the results of a meeting with the Victoria Gardens management to discuss voluntary smoke-free zones. They expressed an initial interest in doing so and two locations that were discussed include Guasti Gardens and the Orchard. In closing, Mr. Villenas stated that direction is needed on the restriction of smoking on streets and sidewalks and outdoor dining areas, the ordinance restricting smoking at transit stops and outdoor service lines, and the Smoke Free Recognition Program Lastly, he reported that the Chamber of Commerce had called earlier in the day reporting that several businesses had expressed concern about smoking restrictions. In response to Mayor Pro Tem Michael, Mr. Lam stated that direction was needed on the ordinance Councilmember Williams indicated that she concurred with the City of Glendale's approach to smoking on streets and sidewalks. Discussion was held regarding the difference between the ordinance that was prepared to restrict smoking at transit stops and outdoor service lines and smoking restrictions on streets and sidewalks. Mayor Kurth suggested that the City Council discuss the ordinance that was prepared to restrict smoking at transit stops and outdoor service lines. Mayor Pro Tem Michael supported the ordinance as long as it didn't restrict smoking on streets and sidewalks. MOTION: Moved by Michael, seconded by Spagnolo, to direct staff to schedule this ordinance for first reading at a regular City Council meeting. Motion carried 4-0; Councilmember Gutierrez was absent. In response to Councilmember Williams, Mr. Villenas stated that the ordinance would be self-regulated. He noted that there would be a cost for the City to install signs at bus stops and transit stations. Businesses would be required to put up signs at their own expense. Discussion was held regarding whether or not to regulate smoking in outdoor dining areas. Councilmember Williams stated that every restaurant should have a choice when regulating smoking, especially in these economic times. She noted that eventually patrons will expect establishments to be completely smoke-free but noted that this should be a business decision. Councilmember Williams stated her interest for a regulation similar to what has been done in the City of Glendale, allowing smoking on streets and sidewalks except within 20 feet of an entrance, exit, or open window of a building. Mayor Kurth spoke in support of regulation of outdoor dining areas. He stated that a majority of those restaurants surveyed supported a regulation. Mayor Kurth considered second hand smoke to be a public safety issue, which was the Council's number one priority. Discussion was held. Special Joint Meeting Minutes of the Rancho Cucamonga City Council/Fire Protection District/Redevelopment Agency February 3, 2010 -- Page 3 of 4 Councilmember Spagnolo did not support imposing restrictions on outdoor dining areas and did not want to impose financial restrictions on businesses in this economy. In response to Mayor Kurth, Councilmember Spagnolo stated that he would not support an ordinance that would be effective in three years or so, after the economy recovers. Councilmember Spagnolo indicated that he supported the proposed Smoke-Free Recognition Program without any restrictions. He stated that a business should have the right to revert back and allow smoking if the need arises. Councilmember Williams concurred. Mayor Pro Tem Michael indicated the need to take progressive steps to accomplish the goal. He pointed out that the City Council has banned smoking in public parks and buildings and will be regulating smoking in transit and service lines. The Council will be establishing a formal recognition program encouraging businesses to be smoke-free. Mayor Kurth stated the need to make the City a safer place. As public safety was the Council's top priority, he asked for the courage to restrict second hand smoking in outdoor dining areas. No action was taken or direction given to restrict smoking in restaurant outdoor dining areas. In response to Councilmember Williams, Mr. Villenas addressed the regulation of smoking on streets and sidewalks. The City of Glendale allows smoking on streets and sidewalks except within 20 feet of an entrance, exit or open window. Discussion was held regarding how this restriction would work in the City. While some locations had a distance between the door and the sidewalk (thus allowing smoking nearby), it was noted that this regulation would restrict smoking for most of Victoria Gardens. Councilmember Williams noted the need to talk with retailers about this issue. In general, the Council favored further discussion regarding an ordinance that would prohibit smoking adtacent to any building entrance that was open to the public. The City Council members also specifically discussed smoking prohibitions on streets and sidewalks. With these regulations, Mayor Pro Tem Michael inquired where people would smoke if smoking were already restricted in different places such as the Civic Center, parks, etc. He welcomed further discussion on restricting smoking within 20 feet of a building. Mayor Kurth suggested a regulation similar to the City of Calabasas, which allows smoking only if no nonsmoker is present. It was requested that staff bring back further information regarding no smoking policies on streets and sidewalks and within 20 feet of building entrances. In summary, Mr. Villenas noted that the direction was to take no action on outdoor dining, to schedule the ordinance for consideration restricting smoking at transit, bus stops and service lines and to obtain further information on regulating smoking within 20 feet of buildings as well as on streets and sidewalks. City Councl concurred with the summary of direction given. D. ADJOURNMENT Mayor Kurth adjourned the meeting at 5:28 p.m. Res'~ectfu llyrsu~bmitted, fem. `~ N` r'~~ Debra McKay, MMC Assistant City Clerk/Records Manager Approved: February 17, 2010 Speaal Joint Meeting Minutes of the Rancho Cucamonga City Council/Fire Protection DistricURedevelopment Agency February 3, 2010 -- Page 4 of 4