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HomeMy WebLinkAbout2008/12/03 - Minutes - Special (2) December 3, 2008 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES ADJOURNED REGULAR MEETING A. CALL TO ORDER An adjourned regular meeting of the Rancho Cucamonga City Council/Fire Protection District/Redevelopment Agency was held on Wednesday, December 3, 2008, in the Tri-Communities Room in City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor/Chairman/President Donald J. Kurth, M.D. called the meeting to order at 3:41 p.m. Present were Councilmembers/Boardmembers/Agencymembers: Rex Gutierrez, Sam Spagnolo, Diane Williams (arrived at 3:42 p.m.), Mayor Pro Tem/Vice President/Vice Chairman L. Dennis Michael; and Mayor/President/Chairman Donald J. Kurth. Also present were: Jack Lam, City Manager/Executive Director; Pamela Easter, Assistant City Manager; Fabian Villenas, Principal Management Analyst/CMO; Erika Lewis-Huntley, Management Analyst II/CMO; Kristen Compean, Intern/CMO; Joshua Torres, Intern/CMO; James Markman, City Attorney/Legal Counsel (arrived at 4:15 p.m.); John Gillison, Deputy City Manager/Administrative Services; Michael Toy, Information Services Specialist I; Mandi Aluzri, Deputy City Manager/Community Development; Trang Huynh, Building & Safety Official; Kurt Keating, Code Enforcement Supervisor; Captain Joe Cusimano, Rancho Cucamonga Police Department and Shirr'I Griffin, Deputy City Clerk. Councilmember Gutierrez led the Pledge of Allegiance. B: PUBLIC COMMUNICATIONS B1. Carol A. Burton, apartment resident at Del Mar I in Rancho Cucamonga, relayed concerns regarding secondhand smoke at Del Mar I and II complexes. She submitted a detailed incident report showing smoke entering her apartment from adjacent apartments. A local physician diagnosed her with asthma and due to the smoke, her grandsons have respiratory problems. She expressed approval of the meeting because it demonstrates something is being done to try to help. Responding to Mayor Kurth, Ms. Burton stated no one is willing to do anything because there are no regulations for apartment complexes. In order to obtain an apartment in a smoke free area of the complex, her rent would increase making it financially difficult. She felt her health would be at risk under current living conditions. When the complex is renovated, smoke free apartments would be set aside; due to the current economic climate, she is not sure when that will be. Fabian Villenas, Principal Management Analyst/CMO, submitted an emailed letter for the record from apartment resident Steve Herrera who was not able to attend but wanted to express his concerns. IF- C. ITEM OF DISC[JSSION 1. DISCUSSION OF PHASE II OF SMOKING REGULATIONS AND POSSIBLE AMENDMENTS TO CHAPTER 8.21 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008- Page 1 of 6 Jack Lam, City Manager, introduced Fabian Villenas, Principal Management Analyst/CMO, who presented the staff report. Mr. Villenas stated the workshop would be conducted in two parts. The first part would provide background for issues surrounding secondhand smoke, compare current City regulations with State law and would review the experiences of other cities implementing similar ordinances. The second, interactive part of the workshop, would record general Council interest toward extending the City's No Smoking Policy to public areas. Councilmember Spagnolo left at 4:04 p.m. Mr. Villenas indicated Council directed staff to return with information for further consideration of expanding the No Smoking Policy to public areas after adopting the ordinance in February that designated all City facilities, including surrounding property, smoke-free environments. Departments reported minimal resident and guest issues. A few comments were received from the Cultural Center and Central Park where smokers complained because they were not allowed to smoke. Mr. Villenas said other cities advised smoking regulations be tailored to the individual needs of each community. Cities acknowledged that having stakeholder input and public outreach associated with the development of the ordinance were essential. Once an ordinance was adopted, education was critical to enforcement. Residents and visitors comply once they know about no smoking restrictions and self- enforce the restriction when it is unacceptable to violate it; the City has experienced success with this approach. Councilmember Spagnolo returned at 4:05 p.m. Mayor Kurth and Councilmember Gutierrez inquired about the impact on Police. Mr. Villenas responded neither Code Enforcement nor Police reported any citations or service calls related to the smoking ordinance. Regarding extending the No Smoking Policy to public areas, Mr. Villenas indicated Council direction would help frame the outreach effort dialogue with proposed stakeholders and the community. This effort would be accomplished through workshops, public surveys accessible through the City website and publicized in the Rancho Reporter. Specific stakeholders, such as the Chamber of Commerce, restaurants, the apartment community, etc., would also be assessed. Results and recommendations would be brought back to Council in summer of 2009. Mr. Villenas said information gathered about areas where the public is traditionally exposed to secondhand smoke was generally prompted by locations other cities enacted no smoking ordinances. He summarized information on hotel guest rooms and common areas, outdoor dining areas, patios at restaurants and cafes, transit stops, outdoor service lines, shopping malls and apartments units and outdoor common areas. In response to Councilmember Spagnolo, Mr. Villenas categorized outdoor service lines as lines to ATM machines, ticket lines and theater lines. Since public in line are captive to the exposure of secondhand smoke, cities restricted smoking in service lines. Mr. Villenas recommended the topic of no smoking in restaurants or hotels as a community-wide survey, and assured Councilmember Spagnolo the survey would be tailored to accommodate apartment tenants, owners and managers. Councilmember Spagnolo raised the question of whether a ban exists with Mayor Kurth stating for indoor restaurants smoking is not allowed. Mr. Villenas agreed but said there is no ban currently for patios. He stated hotels, restaurants and shopping malls have corporate policies regarding smoking. Councilmember Gutierrez indicated businesses might see this as restricting their ability to do business. Councilmember Williams noted smokers gather in hotel doorways and considered many new hotels in the City would be establishing their own policy. She said now is a good time to enact policy. Mr. Villenas focused on the Phase II Secondhand Smoke Regulations Worksheet (Attachment C) and explained that the areas were broken down into three options. The first column (or option) is a)"Complete Restriction"; Council may express an interest in banning smoking in the designated area. The second is Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008- Page 2 of 6 b) "No Additional Restrictions"; Council may feel the current restriction is adequate. The third, c) called "Somewhere `In-between"'; may reflect Council interest in limited regulation. This is not a complete restriction, but varying regulation in one of the areas. Staff member Villenas presented the first issue: Streets and Sidewalks. Mayor Pro Tem Michael stated this would not restrict people from smoking in their cars while Mayor Kurth clarified, except for when a minor is present. Mr. Villenas stated that this generally applied to pedestrians. Noting the City of Calabasas, Mr. Villenas illustrated somewhere in-between prohibits smoking unless no non-smoker is within 20 feet and it is reasonable to assume no non-smoker will appear. Councilmember Spagnolo wanted to know how the somewhere in-between option would be enforced. Mayor Kurth said it would be self-enforced but pointed out what happens in a crowded area. Councilmember Spagnolo noted City Employees now have to go out to the sidewalk to smoke. Mayor Kurth thought there might be passive encouragement for people to quit smoking and they would take advantage of City programs to help stop smoking. Councilmember Williams proposed the City conduct forums with shopping center owners to get feedback on smoking regulation and obtain their enforcement preferences. In response to Mayor Pro Tem Michael, Mr. Villenas confirmed that the public right-of-way in Terra Vista is privately owned and recommended the outreach include everyone because of the potential to impact property owners. Mayor Kurth offered a graduated method for bringing about non-smoking compliance. For instance he said, with apartments or hotels, by a certain time 25% will be non-smoking, by this year 50%, and by this year 100%. Mayor Pro Tem Michael stated the objective is to try to reduce the impact of secondhand smoke on those who chose not to smoke. He suggested somewhere in-between gives smokers an understanding that we are serous and are concerned about a healthy community. Councilmember Gutierrez said he agreed with somewhere in-between for public right-of way, but would not approve anything until businesses were notified and could give Council their input. Staff member Villenas presented the second issue, twofold in organization: Smoking Restrictions in Hotels. He addressed the subject of Hotel Guest Rooms first and indicated in response to Councilmember Spagnolo that hotels currently abide by State law and corporate policy. Councilmember Williams noted hotels might designate less smoking rooms due to customer demands for more non- smoking rooms. She urged contacting hotels in the City to determine the existing percentage of rooms. Mayor Kurth said the State regards the situation differently since it benefits from cigarette taxes. He noted how hard and expensive it is for hotels to change a smoking room back. He sensed such laws strengthen businesses by accepting the burden of responsibility and regulating the number of required non-smoking rooms. Mayor Pro Tem Michael cautioned being too restrictive; if there are too few smoking rooms, smokers might smoke in a non-smoking room anyway. Noting Councilmember Williams' earlier comments, staff member Villenas continued to the second part of Smoking Restrictions in Hotels, Hotel Common Areas, which primarily deals with outdoor common areas. Councilmember Williams supported designating smoking areas and gave suggestions. Council discussed points regarding outdoor common areas expressing their interest in designated smoking areas. Councilmember Williams left at 4:33 p.m. Staff member Villenas presented the third issue, Outdoor Dining Areas;patios at restaurants and cafes. Councilmember Spagnolo indicated interest in how business is doing in these areas. He felt restaurants might want no smoking indoor and outdoor. He favored a complete smoking ban for outdoor dining and patio areas. Councilmember Williams returned at 4:34 p.m. Mr. Villenas said other cities agreed this issue has been the most controversial. Restaurants generally come out and are vocal in opposition. Councilmember Spagnolo acknowledged it would be controversial, but noted the potential concerns of non-smoking diners. Mr. Villenas reiterated that Council interest would direct the type of conversation portrayed when contacting restaurant owner/operators to get their input Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008-Page 3 of 6 through the outreach surveys. Council discussed the perspective of restaurant businesses deciding tentatively on somewhere in-between. Mayor Pro Tem Michael considered screening, awnings and temporary coverings in outdoor patio areas. Mandi Aluzri, Deputy City Manager/Community Development said that there is ongoing discussion about outdoor patio areas that are enclosed during inclement weather conditions. Most cities' approach is that an outdoor patio area be a substantial structure in order to implement no smoking restrictions. A plastic cover or awning is still considered outdoor at this point. Mayor Pro Tem Michael said King's Fish House at Victoria Gardens has a permanent roof over the patio area. Mr. Aluzri's response was that smoking is permitted there. Staff member Villenas presented the fourth issue, Transit Stops. Mr. Villenas prefaced the topic by saying that some cities are considering prohibiting smoking at bus stops and train stations because waiting public at these locations is captive to secondhand smoke. Mayor Pro Tem Michael suggested somewhere in-between, restricted to within 20 feet of the transit stop the same as it is for streets and sidewalks. Mayor Kurth confirmed smoking is prohibited inside buses and trains noting that there are no smoking restrictions at the MetroLink station. Council discussed the somewhere in-between option and if 20 feet would be sufficient. Mr. Villenas said most cities require 20 feet. Staff member Villenas presented the fifth issue, (Outdoor) Service Lines. Councilmember Williams and Councilmember Spagnolo considered whether the AMC theater at Victoria Gardens is on public or private property. Mr. Alzuri said the current ordinance covering the Victoria Gardens Cultural Center theater, does not allow smoking. Council discussed a complete smoking ban. Councilmember Spagnolo thought talking to mall owners would be important in considering a complete smoking ban. Staff member Villenas presented the sixth issue, Shopping Malls. Councilmember Williams asked if there is State law on enclosed malls. Mayor Pro Tem Michael asked what determines the difference in a mall and the Terra Vista shopping center. Mr. Villenas responded State law prohibits smoking in (private) closed malls. Other cities have done a complete smoking ban, did not address it or did somewhere in- between designating smoking areas. For example, for every forty-thousand square feet of mall, there is a designated smoking area; that area must be away from the walkways. Councilmember Spagnolo clarified that malls are like outdoor shopping centers. He suggested somewhere in-between. Staff member Villenas presented the seventh issue, Multi-Family Units and Common Areas. Mayor Pro Tem Michael and Councilmember Williams suggested designating smoking units by a percentage and working with the apartment community to determine what that percentage might be. Mr. Villenas mentioned that some cities decided non-smoking and smoking units not share walls or a ventilation system. Councilmember Gutierrez suggested the somewhere in-between option and recommended a certification program regarding Healthy Cities (Healthy Rancho Cucamonga). He felt certification would provide an incentive for the apartment community improving their image as a certified life-style community. Mayor Kurth noted certified smoke-free communities would raise the City of Rancho Cucamonga's image as a Healthy City. Jack Lam, City Manager advised proper separation of non- smoking and smoking units. Regarding multi-family common areas, Mayor Pro Tem Michael suggested this option was similar to hotels outdoor areas and that City regulation should be consistent. Councilmember Spagnolo suggested exploring this issue as it regards condominiums. Mayor Kurth asked whether other cities have considered banning the sale of cigarettes (smoking products) at locations where medications are sold. James Markman, City Attorney/Legal Counsel said it was a question of interstate commerce. Mayor Kurth requested further information on the topic. In closing, Mr. Villenas said Council may direct staff to move forward with the recommended draft strategy. Results and recommendations would be brought back for Council consideration in summer of 2009. MOTION: Moved by Kurth, seconded by Williams to approve the proposed strategy recommended by staff. Motion carried unanimously. Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008- Page 4 of 6 ACTION: Report received and filed. *A completed Phase HSecondhand Smoke Regulations Worksheet(Attachment Q is attached for reference. Mayor Pro Tem Michael remarked on the dangers of secondhand smoke on youth in the community. He stressed maintaining 'Healthy Rancho Cucamonga' by sustaining a green community and by providing opportunities for residents who chose a healthier life-style. Councilmember Williams recommended the outreach efforts inform business owner/operators of information about City programs which they could forward to community members who want healthier life- styles. She said information, access and affordability to these programs is important, and said the City needs to continue an active presence through its publications, such as the GrapeVine, and in Community centers. She encouraged staff to identify non-profit organizations to help fund healthy life-style services and programs. Jack Lam, City Manager, said services are available through the City to anyone who wants help. He said the City could add more programs. ****** IF-- D ADJOURNMENT The meeting adjourned at 5:00 p.m. Respectfully submitted, Shirr'I Griffin Deputy City Clerk Approved: October 7, 2009 Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008- Page 5 of 6 Phase II Secondhand Smoke Regulations Worksheet I,pk �\, This worksheet is provided to assist you in evaluating the scope of regulations desired for each item listed below. RANCHO Complete No Additional Somewhere UcIOcA Restriction Restrictions "In-between" Streets and X Sidewalks Hotels-Guest X Rooms Hotels-Common X Areas w/designated smoking areas Outdoor Dining X Areas Transit Stops X Service Lines X Shopping Malls X w/designated smoking areas Multi-Family X Units Multi-Family X Common Areas Attachment C Adjourned Regular Redevelopment Agency, Fire Protection District and City Council Minutes December 3, 2008- Page 6 of 6