HomeMy WebLinkAboutStaff Report 3528
City of Palo Alto (ID # 3528)
Policy and Services Committee Staff Report
Report Type: Meeting Date: 3/19/2013
City of Palo Alto Page 1
Summary Title: Prohibition of Smoking in 3 Parks
Title: Consideration of a Recommendation to Council to Adopt an Ordinance
Prohibiting Smoking in 3 Public Parks
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Policy and Services Committee review Chapter 9.14 (Smoking and
Tobacco Regulations) of the Palo Alto Municipal Code and consider recommending that Council
adopt an ordinance (Attachment 1) amending section 9.14 to establish new smoking
restrictions for three parks in the Downtown and California Avenue commercial areas (Cogswell
Plaza, Lytton Plaza, and Sarah Wallis Park); increase no-smoking buffer zones from 20 to 25 feet
for consistency with Leadership in Energy and Environmental Design (LEED) standards; and
make findings regarding the purpose of no-smoking regulations.
Further, staff recommends that the Policy and Services Committee recommend to Council that
the Council direct the Parks and Recreation Commission to consider and make
recommendations regarding expanding a no-smoking regulation possibly to include other City
parks and open space areas.
Background
According to the US Department of Health and Human Services, Centers for Disease Control
and Prevention, there are 443,000 deaths in the United States attributable to tobacco each year
and an estimated 49,000 of these deaths are attributed to exposure to secondhand smoke.
Also, numerous studies show that an overwhelming majority of people want more restrictions
on smoking in public places and places of employment. More information can be found at
http://www.cdc.gov/tobacco/.
City of Palo Alto Page 2
For these reasons, more and more cities and counties in the United States and in California
particularly, are adopting bans on smoking in outdoor public areas in an effort to reduce
exposure to the known hazardous and unwanted effects of secondhand smoke.
This activity by local governments has also been prompted by the increasing recognition that
secondhand smoke is extremely toxic. In 2006, the California Air Resources Board officially
declared tobacco smoke a Toxic Air Contaminant. Also, the United States Surgeon General
(2006) issued a landmark report: The Health Consequences of Involuntary Exposure to Tobacco
Smoke concluding that “There is no safe level of exposure to secondhand smoke. Breathing
even a little secondhand smoke can be harmful to your health.”
In 2008, the Santa Clara County Clean Air Task Force developed a grant to assist municipalities
with the adoption of ordinances and rules that prohibit Smoking. Since then, several Bay Area
cities including Campbell, Cupertino, Mountain View, Saratoga, and Los Gatos have adopted
ordinances that prohibit smoking in certain public areas. Although the funding for grants
sunsets in early March, 2013, there may be available resources from the County for signage or
other assistance
In October 2008, the Parks and Recreation Commission voted 5:2 to take no action on the
banning of smoking in City Parks and Facilities, citing their general satisfaction with local, state,
and regulation-level ordinances (Excerpt minutes is Attachment 2). Since that time, we have
had numerous complaints from residents and businesses regarding a high level of smoking
activity particularly in our small urban parks such as Lytton Plaza and Cogswell Plaza. The
complaints mainly involved environmental quality, litter, fire safety, or a combination thereof.
In response to the complaints, staff met with the City Attorney and reviewed our current
ordinance and regulations regarding smoking in public areas.
Discussion
Given the small size and urban context of Lytton Plaza, Cogswell Plaza, and Sarah Wallis Park,
staff recommends that a ban on smoking be implemented to protect the public health from
exposure to second-hand smoke. Such a ban is also expected to reduce litter, and enhance the
enjoyment of the park facilities for shoppers, visitors, and residents of the Downtown and
California Avenue commercial areas. There will also be a lessened risk of fire by un-
extinguished cigarettes/ cigars.
Staff also recommends that the Council direct the Parks and Recreation Commission to review
the current ordinance as well as Council rules and regulations regarding smoking and to make a
City of Palo Alto Page 3
recommendation to the Council regarding potential enhancements up to and including a ban on
smoking in all public parks and open spaces areas.
Lastly, staff recommends a minor change to the “buffer zones” required by Chapter 9.14,
section 3(j)(3-4) to increase the distance that smoking is prohibited from twenty to twenty-five
feet from publicly accessible entrances/exits, or areas in other dedicated parks that are play
structures, backstops, or bleachers. This change will provide consistency between the city
ordinance and other environmental guidelines, such as LEED. This policy has been discussed
and approved by the Downtown Business and Professional Association.
Timeline
If an ordinance takes effect, staff can produce and install signage in a matter of a few weeks for
the small downtown parks.
Resource Impact
This ordinance will have a minimal impact on ongoing City staff time and financial resources
depending on the level of enforcement and/or ongoing public information required by its
implementation. Staff anticipates public outreach to educate residents and businesses of the
newly adopted policies. Signage costs, expected to be around $500, could be eligible for grant
funding from the Santa Clara County Public Health Department.
Policy Implications
This ordinance is in line with Comprehensive Plan Policy N-1, which states, “manage existing
public open space areas …in a manner that meets… public safety concerns…” as well as polices:
N-5: Clean, Healthful Air for Palo Alto and
N-6: An Environment Free of the Damaging Effects of Biological and Chemical Hazardous
Materials
N-7 Reduce Volumes of Solid Waste; Solid Waste Disposed in an Environmentally Safe, Efficient,
Manner.
N-10 Protection of Life and Property From…Fire.
Environmental Review (If Applicable)
This is not considered a project under CEQA.
Attachments:
Attachement 1: Ord banning smoking in 3 parks (PDF)
City of Palo Alto Page 4
Excerpt from P&R Oct08 Minutes (DOC)
** NOT YET APPROVED **
130123 sm 0140078 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto
Amending Chapter 9.14 (Smoking And Tobacco Regulations) of the Palo
Alto Municipal Code to Establish New Smoking Restrictions for Cogswell
Plaza, Lytton Plaza and Sarah Wallis Park; Increase No-Smoking Buffer
Zones from 20 to 25 feet for Consistency with LEED Standards; and Make
Findings Regarding the Purpose of No-Smoking Regulations
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
follows:
(a) That the adoption of this Ordinance is necessary to protect the public
health, safety and welfare for each of the reasons set forth in amended section 9.14.005. The
purposes of this Ordinance are to ban smoking in three parks in the Downtown and California
Avenue commercial areas (1) Cogswell Plaza, (2) Lytton Plaza and (3) Sarah Wallis Park in order
to protect visitors from the risks of second hand smoke, reduce litter and enhance enjoyment
of park facilities; increase no-smoking buffer zones from 20 to 25 feet, consistent with
Leadership in Energy and Environmental Design (LEED) standards; and make findings regarding
the purpose of no-smoking regulations.
SECTION 2. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.005 Purpose:
9.14.005 Purpose.
The purpose of this Chapter is to:
(a) Protect the public health, safety and general welfare by prohibiting
smoking in certain public parks, public places, service locations, city pool cars, child day care
facilities, and some unenclosed eating establishments.
(b) Ensure a cleaner and more hygienic environment within the city, reduce
litter, and protect the City’s natural resources, including creeks and streams.
(c) Enhance the welfare of residents, workers, and visitors by reducing
exposure to second hand smoke, which studies confirm can cause negative health effects in
non-smokers.
(d) Balance the needs of persons who smoke with the needs of nonsmokers,
including children and youth, to be free from the discomforts and health threats created by
exposure to second-hand smoke.
** NOT YET APPROVED **
130123 sm 0140078 2
SECTION 3. Section 9.14.010 of Chapter 9.14 of the Palo Alto Municipal Code
is hereby amended to read as follows:
9.14.010 Definitions.
The following words and phrases, whenever used in this chapter shall be
construed as defined in this section:
(a) "Bar" means an area which is devoted to serving alcoholic beverages and
in which serving food is only incidental to the consumption of such beverages. "Bar" shall
include bar areas within eating establishments which are devoted to serving alcoholic
beverages and in which serving food is only incidental to the consumption of such beverages.
(b) "City pool car" means any truck, van or automobile owned by the city and
operated by a city employee. City pool car does not include vehicles operated by the police
department.
(c) "Eating establishment" means a coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich shop, soda fountain, restaurant, or other establishment serving food to
members of the public.
(d) "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
(e) "Employee eating place" means any place serving as an employee
cafeteria, lunchrooms, lounge, or like place.
(f) "Employer" means any person who employs the services of an individual
person or persons.
(g) "Enclosed" means either closed in by a roof and four walls with
appropriate openings for ingress and egress or not open to the sky due to a cover or shelter
consisting of a tarpaulin, tent structure or other impermeable or semi-permeable materials or
fabric.
(h) "Motion picture theater" means any theater engaged in the business of
exhibiting motion pictures.
(i) "Public places" means enclosed areas within publicly and privately owned
buildings, structures, facilities, or complexes that are open to, used by, or accessible to the
general public. Public places include, but are not limited to, stores, banks, eating
establishments, bars, hotels, motels, depots and transit terminals, theaters and auditoriums,
enclosed sports arenas, convention centers, museums, galleries, polling places, hospitals and
** NOT YET APPROVED **
130123 sm 0140078 3
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
facilities), automotive service centers, general business offices, nonprofit entity offices and
libraries. Public places further include, but are not limited to, hallways, restrooms, stairways,
escalators, elevators, lobbies, reception areas, waiting rooms, indoor service lines, checkout
stations, counters and other pay stations, classrooms, meeting or conference rooms, lecture
rooms, buses, or other enclosed places that are open to, used by, or accessible to the general
public.
(j) "Service locations" means those enclosed or unenclosed areas open to,
used by, or accessible to the general public that are listed below:
(1) Bus, train and taxi shelters;
(2) Service waiting areas including, but not limited to, ticket or service lines,
public transportation waiting areas, and public telephones;
(3) Areas within twenty-five feet of the entrance or exit to an enclosed public
place, except when the public place is closed, between ten p.m. and six a.m., or when the
entrance or exit is for the exclusive use of employees and not accessible to the general public;
(4) Areas in dedicated parks or other publicly accessible areas that are within
twenty-five feet of bleachers, backstops, or play structures.
(k) "Smoking" means the combustion of any cigar, cigarette, tobacco or any
similar article.
(l) "Tobacco product" means any substance containing tobacco leaf,
including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco.
(m) "Tobacco store" means a retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is incidental.
(n) "Tobacco vending machine" means any electronic or mechanical device
or appliance the operation of which depends upon the insertion of money, whether coin or
paper bill, or other thing representative of value, which dispenses or releases a tobacco product
and/or tobacco accessories.
(o) "Workplace" means any enclosed area of a structure or portion thereof
used as a place of employment.
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
** NOT YET APPROVED **
130123 sm 0140078 4
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in:
(a) Cogswell Plaza – Bounded by Bryant Street, Ramona Street and Lytton
Avenue.
(b) Lytton Plaza – Bounded by University Avenue, Emerson Street and
Parking Lot P.
(c) Sarah Wallis Park – Bounded by Ash Street and Grant Avenue.
SECTION 5. The Council finds that the provisions of this Ordinance do not
constitute a project under the California Environmental Quality Act because it can be seen with
certainty that no significant environmental impact will occur as a result of the amended
Ordinance.
SECTION 6. This ordinance shall be effective on the thirty-first day after the
date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
____________________________
Director of Administrative
Services
APPROVED
October 28, 2008 Draft Minutes 1
MINUTES
PARKS & RECREATION COMMISSION
October 28, 2008
City Hall
250 Hamilton Ave
Commissioners Present: Deirdre Crommie, Carl King, Paul Losch, Pat Markevitch, Alex
Panelli, Daria Walsh ,Joel Davidson
Commissioners Absent:
Others Present: Council Liaison Jack Morton
Staff Present: Catherine Bourquin, Rob de Geus, Donald Piana
4. Review of Banning Smoking in City Parks and Facilities - Commissioner Walsh began
the discussion with asking for direction on how to proceed with this item. Staff de Geus
reminded the commissioners of their discussion from the last meeting. He said that the
commissioners were generally satisfied with the local, state and regulation level
ordinances. Staff Piana also provided feedback on what is enforceable at the parks. The
current ordinance covers the Foothill park trails only and there is no smoking at the
reserved picnic areas at parks. The ordinance allows for some flexibility during fire
seasons to prohibit smoking in additional locations by posting signage in designated
areas. Commissioner Losch requested from his fellow commissioners a better
understanding of where they stood on this issue. Chair Markevitch requested the
commissioners choose one of three alternatives A – Do nothing (satisfied with the
existing ordinances) B – Add the preserves to the existing ordinance or C – Ban smoking
at all parks. The commissioners voted as follows:
a. Do nothing - 4 (Commissioners Walsh, King, Losch, and Markevitch)
b. Add Preserves to the ordinance – 1 (Commissioner Panelli)
c. Ban smoking at all parks– 2 (Commissioners Davidson and Crommie)
Commissioner Walsh asked if there were any oral communications on this item. There
was not.
APPROVED
October 28, 2008 Draft Minutes 2
Council Liaison Morton commented on the fact that Arastradero was not included in the
current smoking ordinance because the preserve was added after the policy was in place.
He recommended that staff make a request to council to add the preserve to the policy.
After some further discussion on the topic a motion was made.
Motion: To take no action on the banning of smoking in City Parks and Facilities.
Approved 5:2 (Commissioners Crommie and Davidson)