HomeMy WebLinkAboutStaff Report 3847
City of Palo Alto (ID # 3847)
City Council Staff Report
Report Type: Action Items Meeting Date: 8/12/2013
City of Palo Alto Page 1
Summary Title: Amendment to Smoking Ordinance
Title: Adoption of an Ordinance Amending Chapter 9.14 (Smoking
Regulations) of the Municipal Code to Either Ban Smoking in All City Parks, or
Ban Smoking in City Parks Except the Municipal Golf Course and a Designated
Area at Mitchell, Greer and Rinconada Parks; Increase No-Smoking Buffer
Zones; and Make Findings
From: City Manager
Lead Department: Community Services
Recommendation:
Pursuant to direction from the Council at the May 13, 2013 regular meeting, staff
recommends that the Council adopt an ordinance as follows:
1. Amend Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto
Municipal Code, by adding Section 9.14.005 (Purpose);
2. Select between two alternatives for new Section 9.14.035 (Smoking Prohibited –
Public Parks) (Attachments A and B); and
3. Amend Section 9.14.010 (Definitions) to increase the no-smoking buffer zone
near public building entrances from 20 to 25 feet for consistency with LEED
standards..
Background:
On March 19, 2013, at the urging of downtown and California Avenue merchants, the
Policy & Services Committee reviewed a draft municipal ordinance revision that would
have banned smoking at two downtown small parks (Lytton and Cogswell Plazas) and
one small park in the California Avenue Business District (Sarah Wallis Park) (Staff
Report #3528 to Policy & Services March 19, 2013).
During the Committee’s discussion of the revised ordinance for smoking in public
places, the Committee enthusiastically endorsed the concept of a ban on smoking in
City of Palo Alto Page 2
City parks, plazas and open space areas, but asked staff to return to the Council with
an ordinance that would ban smoking in all City parks and open space areas under five-
acres in size. This ban would have affected twenty-four parks and plazas. Larger
parks, such as the Baylands Nature Preserve, Greer Park and Mitchell Park would not
have been affected by the proposed change in the Municipal Ordinance.
On May 13, 2013, a draft ordinance for the ban of smoking at 24 City parks and plazas
under five acres in size was discussed by the full Council as an action item (Attachment
C - Staff Report #3716 to Council May 13, 2013).
At the suggestion of the Mayor, and citing the importance of protecting public health,
reducing associated littering and reducing fire danger, the Council ultimately passed a
motion (moved by Kniss and seconded by Klein) to direct staff to return to the Council
with an ordinance (Attachment A) that would ban smoking in all City parks, plazas and
open space preserves. Vice Mayor Nancy Shepherd offered a friendly amendment to the
motion, asking staff to seek input from the Parks and Recreation Commission on
whether some designated smoking areas should be created in certain large parks for
the convenience of smokers. Staff was encouraged to consider this idea before the final
revision to the municipal ordinance was returned to the Council for adoption. The
motion passed on a 7-1 vote, with Councilmember Burt voting no.
Discussion:
Subsequent to the May 13, 2013 Council meeting, staff met with the Parks and
Recreation Commission at its May 28, 2013 regular meeting to consider the creation of
designated smoking areas at certain large City parks or open space areas.
In preparation for the Parks and Recreation Commission meeting, staff contacted
management at the Sunnyvale, Cupertino and San Jose municipal golf courses to
determine if designated smoking areas or exemptions had been created for these
unique and large sports facilities. All three agencies, which similarly have banned
smoking at City parks and facilities, have provided exemptions or designated and
posted smoking areas at their golf courses. According to their representatives, these
exceptions were created in consideration of the large area of the golf course, because
of the accommodation of regular golfers and their preferences, and in order to avoid
discouraging business at their golf courses. Staff recommended designing an
appropriately situated designated smoking area in the vicinity of the clubhouse to
comfortably accommodate smokers instead of a golf course-wide exemption to the
smoking restriction.
City of Palo Alto Page 3
After discussion, the Commission voted on the following two recommendations to the
Council the amendment of the draft ordinance as follows:
1. Motion by Hetterly, seconded by Markevitch, that there should not be designated
smoking areas in open space preserves (Foothills, Baylands, Clark Preserve and
Pearson-Arastradero Preserve), and that smoking should be permitted at to the
Palo Alto Municipal Golf Course except in areas specifically posted, within
buildings or within 25-feet of entrances to buildings (Approved 5-0; Lauing and
Ashlund absent)
2. Motion by Hetterly, seconded by Markevitch, that a specifically designated
smoking area should be provided at Mitchell, Greer and Rinconada parks
(Approved: Hetterly, Markevitch, Reckdahl voting yes; Crommie and Knopper
voting no; Lauing and Ashlund absent).
The recommendations of the Parks and recreation Commission have been incorporated
into the alternate draft ordinance, Attachment B.
If the Council approves the first reading of one of the two attached ordinance
revisions, staff will return for a second reading on September 9, 2013. The revised
ordinance will take effect 30 days after the passage of the second reading.
In order to educate park users and visitors about the new ordinance and the reasons
behind the development of this revised ordinance, staff will develop information on the
City’s webpages and will utilize an information flyer similar to one developed by the City
of Sunnyvale (Attachment D).
Policy Implications:
The adoption of the ordinance would further Policy N-1 of the Natural Environment
element of the Comprehensive Plan which states, “Manage exisisting public open space
areas … in a manner that meets public safety concerns…”; as well as Comprehensive
Plan policies N-5: Clean, healthful air for Palo Alto, and Policy N-6: An environment free
of damaging effects of biological and chemical hazardous materials.
Resource Impact:
The adoption of the proposed ordinance will have minimal impact on ongoing City staff
time and financial resources depending on the level of enforcement and on-going public
information required by its implementation. It is anticipated that Police Officers, Code
Enforcement Officers or Park Rangers will respond to complaints of violations of the
ordinance. Staff anticipate providing public outreach to educate residents and
City of Palo Alto Page 4
businesses of the revised ordinance through a cooperative program with the Tobacco
Prevention Task Force of the Santa Clara County Public Health Department.
The 55 customized signs that will be posted at various entrances to City parks and open
space areas and they will cost $1,375 through a subsidized program of the Santa Clara
County Public Health Department. Signs will be mounted on existing poles within the
parks.
The cost of creating a designated smoking area with benches, signage and fire-proof
waste receptacles at Greer, Rinconanda and Mitchell parks is estimated to cost a total of
$13,500, subject to the design of the smoking area at each of these three community
parks.
Timeline:
This action is the first reading of the Ordinance. The required second reading of the
ordinance will be placed on the Consent Calendar for September 9, 2013, and will go
into effect thirty days after the second reading.
New signs advising the public of the ordinance will be posted in parks and open space
areas in October.
Environmental Review:
Provisions of this ordinance do not constitute a project under the Environmental Quality
Act because it can be seen with certainty that no significant environmental impact will
occur as a result of the amended ordinance.
Attachments:
Attachment A - 0140093 Ordinance Banning Smoking In All Parks (DOC)
Attachment B - Ordinance Banning Smoking in Parks with permitted zones in large parks
(DOC)
Attachment C - City Council Staff Report (PDF)
Attachment D - Flyer -No Smoking in Sunnyvale Parks (PDF)
Attachment E: 05-13-13 CC Item 15 Smoking EXCERPT (DOC)
** NOT YET APPROVED **
130514 sh 0140093 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 All Parks;
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 Palo Alto parks 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 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.
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** NOT YET APPROVED **
130514 sh 0140093 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
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
** NOT YET APPROVED **
130514 sh 0140093 3
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.
//
//
//
** NOT YET APPROVED **
130514 sh 0140093 4
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in all parks.
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
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** NOT YET APPROVED **
130514 sh 0140093 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 All Parks,
with Exceptions for the Municipal Golf Course and Designated Smoking
Zones at Greer, Rinconada and Mitchell Parks; 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 Palo Alto parks 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 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 **
130514 sh 0140093 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 **
130514 sh 0140093 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.
//
//
** NOT YET APPROVED **
130514 sh 0140093 4
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in all parks, except that smoking is permitted: (a) at the
Municipal Golf Course except where otherwise prohibited by state or local law; and (b) within
designated and clearly-marked smoking zones at Greer Park, Mitchell Park and Rinconada Park.
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
City of Palo Alto (ID # 3716)
City Council Staff Report
Report Type: Action Items Meeting Date: 5/13/2013
City of Palo Alto Page 1
Summary Title: Restriction of Smoking in City Parks
Title: Transmittal of Policy and Services Committee Recommendation To
Council For The Adoption of An Ordinance Amending Chapter 9.14 (Smoking
And Tobacco Regulations) of the Palo Alto Municipal Code to Establish New
Smoking Restrictions for Parks Under Five Acres; 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 In City Parks
From: City Manager
Lead Department: Community Services
Recommendation
The Policy and Services Committee recommends that Council:
1) Adopt an ordinance to amend Chapter 9.14 (Smoking And Tobacco Regulations)
of the Palo Alto Municipal Code, by adding Sections 9.14.005 and 9.14.035 and
amending Section 9.14.010, that would establish new smoking restrictions for
City parks and plazas under five acres in size; increase the no-smoking buffer
zones near public building entrances from 20 to 25 feet for consistency with
LEED standards; and make findings regarding the purpose of no-smoking
regulations (Attachment A); and
2) Refer the further investigation of the expansion of the new smoking restrictions
for City parks and open space areas five acres in size or larger to the Parks and
Recreation Commission, and direct the Commission to make recommendations to
the Policy & Services Committee for further consideration and action.
Background
At a presentation to the Policy and Services Committee on March 19, 2013 (Attachment
B; Staff Report 3528), staff informed the Committee that according to the United States
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 second-hand smoke.
City of Palo Alto Page 2
Also, numerous studies show that an overwhelming majority of people want more
restrictions on smoking in public places, parks and places of employment. 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 second-hand smoke.
In 2008, the Santa Clara County Clean Air Task Force developed a grant to financially
assist municipalities with the adoption and implementation of ordinances and rules that
prohibit smoking. Since then, several Bay Area cities including San Jose, Campbell,
Cupertino, Mountain View, Saratoga, and Los Gatos have adopted ordinances that
prohibit smoking in certain public areas and parks.
Staff reported to the Committee that staff continues to receive numerous complaints
from residents and businesses regarding high levels of smoking activity, particularly in
urban parks such as Lytton Plaza and Cogswell Plaza. The complaints mainly concern
environmental quality, litter, fire safety, or a combination thereof. In response to the
complaints, staff met with the City Attorney, representatives of Community Services
Department and the Police Department, and devised an initial recommendation for the
adoption of an ordinance to ban smoking at three City parks (Lytton, Cogswell and
Wallis), as well as to increase the no-smoking buffer zone near public building
entrances for consistency with LEED (Leadership in Energy and Environmental Design)
certification standards.
Discussion
After making the staff presentation to the Policy and Services Committee, Committee
Chair Liz Kniss proposed adding Johnson Park to the list of the three parks proposed in
the draft ordinance because of Johnson Park’s size, proximity to Cogswell and Lytton
Parks, and because of the picnic, volleyball, playground and community garden
amenities in the park. Following that proposal, Council Member Karen Holman proposed
also adding Scott Park because of its size, basketball court and children’s playground.
Council Member Price then suggested that Briones Park on Arastradero Road also be
added to the list of parks because of its popularity with families.
The Committee listened to comments during oral communications from two members of
the business community who supported the enactment of the proposed smoking ban.
There was no disagreement from the Committee members about the dangers of
second-hand smoke to public health, the impacts to park cleanliness from smoking
materials, and the potential dangers from fire caused by smoking materials. The
City of Palo Alto Page 3
Committee also agreed with the rationale of increasing the no-smoking buffer zone near
public building entrances to comply with the certification standards of the LEED
program. A discussion amongst the Committee members ensued about the appropriate
criteria for determining which parks should be included under the ordinance. After some
discussion and a review of the relative size of the City’s parks, plazas and open space
areas, the Committee decided to recommend to Council the immediate ban of smoking
of all City parks under five acres in size because of the relative high user density of
these parks.
MOTION: Council Member Klein moved, seconded by Council Member Price to
recommend the City Council: 1) adopt an Ordinance amending and adding new
sections to Chapter 9.14 to establish new smoking restrictions in all parks that are 5
acres or less in size; 2) increase no-smoking buffer zones from 20 to 25 feet for
consistency with Leadership in Energy and Environmental Design (LEED) standards; and
3) direct the Parks and Recreation Commission to consider and make recommendations
regarding expanding a no-smoking regulation to possibly include other City parks and
open space areas within two to three months. (Passed 4-0-0)
The Committee unanimously passed the motion to recommend to Council to ban
smoking at the following twenty-four parks and plazas and to direct the Parks and
Recreation Commission to make further recommendations to the Committee for
smoking restrictions at parks or open space areas five acres in size or larger
(Attachment C; Minutes of the Committee Meeting, March 19, 2013).
John Boulware Park
Jerry Bowden Park
Juana Briones Park
Donaldina Cameron Park
Elinor Cogswell Plaza
El Palo Alto Park
Heritage Park
Herbert Hoover Park
Edith Eugenie Johnson Park
Kellogg Park
King Plaza
Lawn Bowling Green
City of Palo Alto Page 4
Lytton Plaza Park
Mayfield Park
Monroe Park
Alexander Peers Park
Don Jesus Ramos Park
Don Secundino Robles Park
Scott Park
Henry Seale Park
Sarah Wallis Park
Weisshaar Park
Werry Park
Anna Zschokke Plaza
Although the Motion to recommend to Council the adoption of an ordinance to prohibit
smoking at the twenty-four parks was unanimously adopted, since the Policy and
Services Committee public notice of the proposed ban on smoking only referred to three
specific parks, the City Attorney recommends that the action to adopt the proposed
ordinance be placed on the Council agenda as an Action Item in order to allow further
comment or discussion by Council members and the public.
Policy Implications
The adoption of the proposed ordinance would further Policy N-1, of the Natural
Environment element of the Comprehensive Plan which states, “manage existing public
open space areas …in a manner that meets… public safety concerns…”; as well as
Comprehensive Plan polices: Policy N-5: Clean, Healthful Air for Palo Alto; and Policy N-
6: An Environment Free of the Damaging Effects of Biological and Chemical Hazardous
Materials.
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. It is anticipated that Police Officers, Code Enforcement
Officers or Park Rangers will respond to violations of the ordinance on a complaint
basis. Staff anticipates providing public outreach to educate residents and businesses of
the newly adopted policies.
City of Palo Alto Page 5
Educational materials and park signage costs, estimated at approximately $5000, could
be eligible for grant funding from the Santa Clara County Public Health Department and
other public and private agencies. If staff is not successful in securing grant funds, the
signage cost can be absorbed in the Open Space, Parks & Golf operating budget.
Timeline
If adopted by Council, the ordinace would require a second reading within thirty days.
The ordinance would go into effect thirty days after the passage of the second reading
of the ordinance.
If Council approves the recommendation to refer the investigation of the expansion of
the ordinance to other City parks and open space areas to the Parks and Recreation
Commission, the Commission would return to the Policy and Services Committee with
its findings and recommendations by September 2013.
Environmental Review
Provisions of this ordinance do not constitute a project under the Environmental Quality
Act because it can be seen with certainty that no significant environmental impact will
occur as a result of the amended ordinance.
Attachments:
Attachment A - Draft Ordinance (PDF)
Attachment B - Staff Report 3528 (PDF)
Attachment C - 03-19-13 P&S Excerpt Item 1 Smoking in Parks (DOC)
03-19-13 P&S Excerpt Item 1 Smoking in Parks (DOC)
** NOT YET APPROVED **
130326 sh 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 Parks
Under Five Acres; 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 Palo Alto parks under five acres 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 **
130326 sh 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
other health care facilities of any kind (including clinics, dental, chiropractic, or physical therapy
** NOT YET APPROVED **
130326 sh 0140078 3
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.
//
//
//
** NOT YET APPROVED **
130326 sh 0140078 4
SECTION 4. Chapter 9.14 of the Palo Alto Municipal Code is hereby amended
to add Section 9.14.035 Smoking Prohibited – Public Parks:
9.14.035 Smoking Prohibited – Public Parks.
Smoking is prohibited in all parks of less than 5 acres in area. These parks
include but are not necessarily limited to:
(a) John Boulware Park
(b) Jerry Bowden Park
(c) Juana Briones Park
(d) Donaldina Cameron Park
(e) Elinor Cogswell Plaza
(f) El Palo Alto Park
(g) Heritage Park
(h) Herbert Hoover Park
(i) Edith Eugenie Johnson Park
(j) Kellogg Park
(k) King Plaza
(l) Lawn Bowling Green
(m) Lytton Plaza Park
(n) Mayfield Park
(o) Monroe Park
(p) Alexander Peers Park
(q) Don Jesus Ramos Park
(r) Don Secundino Robles Park
(s) Scott Park
(t) Henry Seale Park
(u) Sarah Wallis Park
(v) Weisshaar Park
(w) Werry Park
(x) Anna Zschokke Plaza
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.
//
//
//
** NOT YET APPROVED **
130326 sh 0140078 5
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
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)
POLICY AND SERVICES COMMITTEE
EXCERPT
Policy & Services Meeting
March 19, 2013
Page 1 of 5
Regular Meeting
Tuesday, March 19, 2013
1. Consideration of a Recommendation to Council to Adopt an Ordinance
Prohibiting Smoking in Three Public Parks.
Chair Kniss wished to include Johnson Park, a small park used by many
children.
Council Member Holman suggested including Scott Park.
Chair Kniss inquired about the size of Johnson Park.
Greg Betts, Director of Community Services reported Johnson Park was
about 2.2 acres.
Council Member Klein noted Johnson Park was named after the first female
obstetrics/gynecology doctor in the Palo Alto area.
Chair Kniss stated two parks were added to the original three parks
proposed for a smoking ban.
Council Member Price suggested including Juana Briones Park, and asked if
the proposal would return to the Parks and Recreation Commission (P&RC)
for discussion.
Chair Kniss felt limiting the number of parks to six would not require P&RC
involvement.
Council Member Price proposed Juana Briones Park, because it was used by
all ages.
Chair Kniss believed few people opposed a smoking ban in parks.
Council Member Klein indicated the Policy and Services Committee
(Committee) was establishing a rule for parks.
Chair Kniss noted the City had 36 parks.
Excerpt
Page 2 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Council Member Klein recommended the Committee list all the parks that a
smoking ban did not apply to so that parks similar to the named parks were
not omitted. He inquired about the number of parks containing less than 10
acres.
Council Member Holman reported all parks in College Terrace contained less
than 10 acres.
Council Member Klein asked why the Committee wanted to distinguish
among similar parks.
Chair Kniss felt including that many parks required a discussion with the
P&RC. She was willing to double the number of parks included in a smoking
ban.
Council Member Klein suggested including all parks containing less than five
acres.
Chair Kniss inquired about the number of parks within the City that
contained less than five acres. She felt additional Staff work was needed to
phrase a recommendation in that manner. She inquired about the size of
Scott Park.
Council Member Holman felt it was probably 1/3 acre.
Council Member Price requested the number of parks containing five acres or
less.
Mr. Betts named off parks and preserves in Palo Alto: Mitchell Park,
Rinconada Park, Seale Park, Bayland’s Athletic Center, Esther Clark Nature
Preserve, Arastradero Preserve, Baylands Nature Preserve, and Foothills
Park.
James Keene, City Manager wondered why smoking was allowed in Foothills
Park when the City staffed a fire station in that area during fire season.
Council Member Price agreed with Council Member Klein's suggestion to
broaden the scope of a recommendation.
Chair Kniss wanted more information before moving in that direction, but
estimated between 20 and 25 of the 36 parks contained less than five acres.
Council Member Holman noted the Agenda Item was noticed for only three
parks, and expressed concern that the public objected because it was not
Excerpt
Page 3 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
given an opportunity to provide input.
Mr. Keene indicated the Committee had two concerns: 1) broadening the
scope of the recommendation from three parks to many parks and 2) a
policy interpretation.
Molly Stump, City Attorney reported the Committee could make a
recommendation. There was a full hearing at the Council on the first
reading, and then a second reading was required but said the Committee
could direct Staff to broaden the Ordinance.
Chair Kniss noted another question was whether the Committee should
include all parks under a certain size. She noted Council Member Holman's
concern regarding public reaction, and inquired about the size of Juana
Briones Park.
Mr. Betts reported Juana Briones Park contained 4.1 acres.
Chair Kniss believed Juana Briones Park was the largest of the parks noted
for inclusion.
Ms. Stump stated the Committee could ban smoking in all parks or could
name selected parks. She suggested that Staff could draft reasonable and
supportable findings to ban smoking in all parks below five acres.
Chair Kniss felt incremental increases worked better politically.
Council Member Holman agreed with banning smoking in all parks; however,
banning smoking in Foothills and Arastradero Parks was logical because of
the fire hazard. She questioned the ability of the Planning and
Transportation Commission (P&TC) to expand an Agenda Item without
providing additional notice.
Ms. Stump explained P&TC was distinct from all other Commissions. The
Council was able to determine how to use its Commissions. Not all policy
matters were reviewed by Commissions. She said a policy item could be
handled by the Council, or by a Committee and then the Council. Under the
Brown Act, a full hearing was required with proper notice.
Council Member Holman inquired whether the P&TC was able to expand the
scope of an Agenda Item to be as broad as the Committee was asking.
Ms. Stump stated much of P&TC's work was quasi-adjudicative, which was
different. P&TC's work was governed by provisions of the Municipal Code,
and that did not apply to this discussion.
Excerpt
Page 4 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Mr. Keene stated Council policy allowed Council Members to place a
recommendation on the Council Agenda through a Colleagues Memo. A
Committee recommendation was not very different from a Colleagues Memo
regarding process and notice requirements.
Ms. Stump believed a smoking ban was in effect for Foothills Park.
Mr. Betts reported a smoking ban was placed on trails in Foothills Park, but
not on the meadow or in the picnic areas.
Chair Kniss suggested expanding the smoking ban for Foothills Park. She
viewed a smoking ban as a public health issue, and the Council was a
guardian of community health.
Mr. Betts reported Sarah Wallis Park contained 0.3 acres; Cogswell Plaza 0.5
acres; Lytton Plaza 0.5 acres; El Camino Park 12.2 acres; Eleanor Pardee
Park 9.6 acres; El Palo Alto Park 0.5 acres; Mayfield Park 1.1 acres; Mitchell
Park 21.4 acres; Monroe Park 0.55 acres; Rinconada Park 19 acres;
Cameron Park 1.1 acres; Boulware Park 1.5 acres; Bowden Park 2 acres;
Bowling Green Park 2 acres; Juana Briones Park 4.1 acres; Peers Park 4.7
acres; Ramos Park 4.4 acres; Bol Park 13.8 acres; Greer Park 22 acres;
Heritage Park 2.01 acres; Hoover Park 4.2 acres; Hopkins Creekside Park
12.4 acres; Edith Johnson Park 2.5 acres; Foothills Park 1,400 acres; Esther
Clark Preserve 22 acres; Pearson Arastradero Park 622 acres.
Chair Kniss estimated between 10 and 14 parks contained less than five
acres.
MOTION: Council Member Klein moved, seconded by Council Member Price
to recommend the City Council: 1) adopt an Ordinance amending Section
9.14 to establish new smoking restrictions in all parks that are 5 acres or
less in size; 2) increase no-smoking buffer zones from 20 to 25 feet for
consistency with Leadership in Energy and Environmental Design (LEED)
standards; and 3) direct the Parks and Recreation Commission to consider
and make recommendations regarding expanding a no-smoking regulation
to possibly include other City parks and open space areas within two to
three months.
Mr. Betts indicated 17 parks contained less than five acres of a total of 34
urban parks and four open space preserves.
Chair Kniss stated almost half the number of parks contained less than five
acres, but only a small percentage of total acreage.
Excerpt
Page 5 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Russ Cohen, Executive Director of Palo Alto Downtown Business and
Professional Association supported a smoking prohibition in the three parks
originally proposed for inclusion.
Herb Borock reported Hoover Park contained approximately 6.4 acres after
acquiring land from Hoover School. He noted that under the Brown Act, the
Committee could only act on the three parks noticed. The P&RC had to
make policy recommendations for parks. He suggested the Committee refer
the item to the P&RC.
Chair Kniss was comfortable with the City Attorney's statement that the
Committee could recommend more than three parks.
Mr. Betts revised his previous count to a total of 22 parks containing less
than five acres.
Council Member Holman requested Staff respond to Mr. Borock's comment
that Hoover Park was larger than reported.
Mr. Betts reported records indicated Hoover Park contained 4.2 acres.
Mr. Keene indicated the acreage of Hoover Park would be clarified prior to
the Ordinance being written.
Ms. Stump noted the Ordinance would enumerate the parks being affected
by the smoking ban.
MOTION PASSED: 4-0
POLICY AND SERVICES COMMITTEE
EXCERPT
Policy & Services Meeting
March 19, 2013
Page 1 of 5
Regular Meeting
Tuesday, March 19, 2013
1. Consideration of a Recommendation to Council to Adopt an Ordinance
Prohibiting Smoking in Three Public Parks.
Chair Kniss wished to include Johnson Park, a small park used by many
children.
Council Member Holman suggested including Scott Park.
Chair Kniss inquired about the size of Johnson Park.
Greg Betts, Director of Community Services reported Johnson Park was
about 2.2 acres.
Council Member Klein noted Johnson Park was named after the first female
obstetrics/gynecology doctor in the Palo Alto area.
Chair Kniss stated two parks were added to the original three parks
proposed for a smoking ban.
Council Member Price suggested including Juana Briones Park, and asked if
the proposal would return to the Parks and Recreation Commission (P&RC)
for discussion.
Chair Kniss felt limiting the number of parks to six would not require P&RC
involvement.
Council Member Price proposed Juana Briones Park, because it was used by
all ages.
Chair Kniss believed few people opposed a smoking ban in parks.
Council Member Klein indicated the Policy and Services Committee
(Committee) was establishing a rule for parks.
Chair Kniss noted the City had 36 parks.
Excerpt
Page 2 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Council Member Klein recommended the Committee list all the parks that a
smoking ban did not apply to so that parks similar to the named parks were
not omitted. He inquired about the number of parks containing less than 10
acres.
Council Member Holman reported all parks in College Terrace contained less
than 10 acres.
Council Member Klein asked why the Committee wanted to distinguish
among similar parks.
Chair Kniss felt including that many parks required a discussion with the
P&RC. She was willing to double the number of parks included in a smoking
ban.
Council Member Klein suggested including all parks containing less than five
acres.
Chair Kniss inquired about the number of parks within the City that
contained less than five acres. She felt additional Staff work was needed to
phrase a recommendation in that manner. She inquired about the size of
Scott Park.
Council Member Holman felt it was probably 1/3 acre.
Council Member Price requested the number of parks containing five acres or
less.
Mr. Betts named off parks and preserves in Palo Alto: Mitchell Park,
Rinconada Park, Seale Park, Bayland’s Athletic Center, Esther Clark Nature
Preserve, Arastradero Preserve, Baylands Nature Preserve, and Foothills
Park.
James Keene, City Manager wondered why smoking was allowed in Foothills
Park when the City staffed a fire station in that area during fire season.
Council Member Price agreed with Council Member Klein's suggestion to
broaden the scope of a recommendation.
Chair Kniss wanted more information before moving in that direction, but
estimated between 20 and 25 of the 36 parks contained less than five acres.
Council Member Holman noted the Agenda Item was noticed for only three
parks, and expressed concern that the public objected because it was not
Excerpt
Page 3 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
given an opportunity to provide input.
Mr. Keene indicated the Committee had two concerns: 1) broadening the
scope of the recommendation from three parks to many parks and 2) a
policy interpretation.
Molly Stump, City Attorney reported the Committee could make a
recommendation. There was a full hearing at the Council on the first
reading, and then a second reading was required but said the Committee
could direct Staff to broaden the Ordinance.
Chair Kniss noted another question was whether the Committee should
include all parks under a certain size. She noted Council Member Holman's
concern regarding public reaction, and inquired about the size of Juana
Briones Park.
Mr. Betts reported Juana Briones Park contained 4.1 acres.
Chair Kniss believed Juana Briones Park was the largest of the parks noted
for inclusion.
Ms. Stump stated the Committee could ban smoking in all parks or could
name selected parks. She suggested that Staff could draft reasonable and
supportable findings to ban smoking in all parks below five acres.
Chair Kniss felt incremental increases worked better politically.
Council Member Holman agreed with banning smoking in all parks; however,
banning smoking in Foothills and Arastradero Parks was logical because of
the fire hazard. She questioned the ability of the Planning and
Transportation Commission (P&TC) to expand an Agenda Item without
providing additional notice.
Ms. Stump explained P&TC was distinct from all other Commissions. The
Council was able to determine how to use its Commissions. Not all policy
matters were reviewed by Commissions. She said a policy item could be
handled by the Council, or by a Committee and then the Council. Under the
Brown Act, a full hearing was required with proper notice.
Council Member Holman inquired whether the P&TC was able to expand the
scope of an Agenda Item to be as broad as the Committee was asking.
Ms. Stump stated much of P&TC's work was quasi-adjudicative, which was
different. P&TC's work was governed by provisions of the Municipal Code,
and that did not apply to this discussion.
Excerpt
Page 4 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Mr. Keene stated Council policy allowed Council Members to place a
recommendation on the Council Agenda through a Colleagues Memo. A
Committee recommendation was not very different from a Colleagues Memo
regarding process and notice requirements.
Ms. Stump believed a smoking ban was in effect for Foothills Park.
Mr. Betts reported a smoking ban was placed on trails in Foothills Park, but
not on the meadow or in the picnic areas.
Chair Kniss suggested expanding the smoking ban for Foothills Park. She
viewed a smoking ban as a public health issue, and the Council was a
guardian of community health.
Mr. Betts reported Sarah Wallis Park contained 0.3 acres; Cogswell Plaza 0.5
acres; Lytton Plaza 0.5 acres; El Camino Park 12.2 acres; Eleanor Pardee
Park 9.6 acres; El Palo Alto Park 0.5 acres; Mayfield Park 1.1 acres; Mitchell
Park 21.4 acres; Monroe Park 0.55 acres; Rinconada Park 19 acres;
Cameron Park 1.1 acres; Boulware Park 1.5 acres; Bowden Park 2 acres;
Bowling Green Park 2 acres; Juana Briones Park 4.1 acres; Peers Park 4.7
acres; Ramos Park 4.4 acres; Bol Park 13.8 acres; Greer Park 22 acres;
Heritage Park 2.01 acres; Hoover Park 4.2 acres; Hopkins Creekside Park
12.4 acres; Edith Johnson Park 2.5 acres; Foothills Park 1,400 acres; Esther
Clark Preserve 22 acres; Pearson Arastradero Park 622 acres.
Chair Kniss estimated between 10 and 14 parks contained less than five
acres.
MOTION: Council Member Klein moved, seconded by Council Member Price
to recommend the City Council: 1) adopt an Ordinance amending Section
9.14 to establish new smoking restrictions in all parks that are 5 acres or
less in size; 2) increase no-smoking buffer zones from 20 to 25 feet for
consistency with Leadership in Energy and Environmental Design (LEED)
standards; and 3) direct the Parks and Recreation Commission to consider
and make recommendations regarding expanding a no-smoking regulation
to possibly include other City parks and open space areas within two to
three months.
Mr. Betts indicated 17 parks contained less than five acres of a total of 34
urban parks and four open space preserves.
Chair Kniss stated almost half the number of parks contained less than five
acres, but only a small percentage of total acreage.
Excerpt
Page 5 of 5
Policy and Services Committee Regular Meeting
Excerpt 3/19/2013
Russ Cohen, Executive Director of Palo Alto Downtown Business and
Professional Association supported a smoking prohibition in the three parks
originally proposed for inclusion.
Herb Borock reported Hoover Park contained approximately 6.4 acres after
acquiring land from Hoover School. He noted that under the Brown Act, the
Committee could only act on the three parks noticed. The P&RC had to
make policy recommendations for parks. He suggested the Committee refer
the item to the P&RC.
Chair Kniss was comfortable with the City Attorney's statement that the
Committee could recommend more than three parks.
Mr. Betts revised his previous count to a total of 22 parks containing less
than five acres.
Council Member Holman requested Staff respond to Mr. Borock's comment
that Hoover Park was larger than reported.
Mr. Betts reported records indicated Hoover Park contained 4.2 acres.
Mr. Keene indicated the acreage of Hoover Park would be clarified prior to
the Ordinance being written.
Ms. Stump noted the Ordinance would enumerate the parks being affected
by the smoking ban.
MOTION PASSED: 4-0
P-26 1 SM:ig 5/7/12
City of Sunnyvale
Department of Public Works
Parks Division
INFORMATIONAL BULLETIN
NO SMOKING IN SUNNYVALE PARKS
Sunnyvale Adopts Smoking Ban
Effective May 3, 2012
California was the first state to implement a smoke-free restaurant law in 1995 and a smoke-
free bar law in 1998. In 2004, California banned smoking near entrances, exits, covered
parking lots and operable windows (GC 7596-7598, Assembly Bill 846). Meanwhile in 2002,
California banned smoking within 25 feet of tot-lots and playgrounds. Since that time,
approximately 300 municipalities in California have adopted more restrictive smoking bans in
recreational areas beyond state law.
The City of Sunnyvale has joined the many cities and counties that have enacted bans on
smoking in public places. On April 3, 2012, the City Council approved a ban on smoking in
public parks, with the exception of golf courses, and allowed the City Manager to designate
City property as non-smoking.
Q: Why did the Sunnyvale City Council adopt a more restrictive smoking ban?
A: A ban on smoking in public areas would reduce the public’s exposure to the negative
effects of secondhand smoke, particularly within more sensitive populations including
children and older adults. It may also have other positive effects including:
• Increased park usage.
• Reduction in tobacco-related litter.
• Reduced fire risk from discarded cigarette butts.
• Preventing discarded cigarette butts from being picked up from children, pets and
wildlife.
Q: What recent changes were made to the ordinance?
A: Per Municipal Code (SMC) Chapter 9.28 – Regulation of Smoking: smoking is
prohibited in the following locations in the city:
• Public parks, except that smoking shall be permitted on golf courses where not
otherwise prohibited by law. Public parks is defined by SMC 9.62.010(3) as “park,
reservation, playground, swimming pool, recreation center or any other area in the
city, owned or used by the city and devoted to active or passive recreation.”
• Any location on city property, other than public streets and sidewalks, where
smoking is not otherwise prohibited by law may be designated by the city manager
as a “no smoking” area. Such areas shall be posted with appropriate signage.
Q: When did the new smoking ban go into effect?
A: May 3, 2012. Since that time, staff has posted no smoking signage in city parks,
removed ash trays, posted information regarding the smoking ban on the city’s website
and on Twitter.
P-26 2 SM:ig 5/7/12
Q: Where can I smoke at parks and public facilities that are now non-smoking?
A: You can not smoke anywhere within those areas including pathways, parking lots etc.
However, you may smoke in the public right-of-way including sidewalks that are
immediately adjacent to those areas as there is no requirement to be a certain number
of feet away from the park or facility.
Q: What public outreach is being conducted to educate residents and businesses
of the newly adopted policies?
A: Staff posted information about the newly adopted smoking ban on the City’s website,
on Twitter, on Facebook, in an article included in 2012 summer Quarterly Report
article, and though a press release.
Q: How will the smoking ban be enforced?
A: Most jurisdictions that have passed more restrictive smoking bans do not intend for
staff to proactively patrol areas in search of people smoking in prohibited areas.
Sunnyvale, consistent with most jurisdictions, would rely on self-enforcement.
Smokers who are in violation could be cited by a Public Safety staff.
Q: What should I do if I see someone smoking in a park or recreation area?
A: If you notice someone violating any of the park rules, you may politely direct them to
the attention of the rules, if you feel comfortable doing so. Or, you may ask any
member of the park or recreation staff to remind the violator of the rules. If a person
refuses to comply, you may report the incident to Public Safety by calling Dispatch at
(408) 730-7181. Public Safety will respond based upon priority and availability.
Q: Where can I obtain additional information about the newly adopted smoking
ban?
A: Contact Christy Gunvalsen, Neighborhood Preservation Manager, at (408) 730-7255
or by email at cgunvalsen@ci.sunnyvale.ca.us.
For additional information on Sunnyvale parks, call (408) 730-7506.
CITY OF PALO ALTO CITY COUNCIL
EXCERPT MINUTES
Page 1 of 3
Special Meeting
May 13, 2013
Transmittal of Policy and Services Committee Recommendation To Council
For The Adoption of An Ordinance Amending Chapter 9.14 (Smoking And
Tobacco Regulations) of the Palo Alto Municipal Code to Establish New
Smoking Restrictions for Parks Under Five Acres; 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 In City
Parks
Greg Betts, Director of Community Services, reported members of the
business community contacted Staff regarding smoking restrictions at Lytton
Plaza, Cogswell Plaza and Sarah Wallis Park. With support from the
Chamber of Commerce, the Downtown Business Association and Santa Clara
County Health, Staff presented the issue to the Policy and Services
Committee on March 19, 2013. At that meeting, Staff proposed a smoking
ban at the three parks and to change the distance from buildings where
smoking was allowed. Under the current Ordinance, smoking was banned
within 20 feet of the entrance to a public building. The Policy and Services
Committee wished to expand the smoking ban to 24 parks and plazas
containing 5 acres or less. Smoking was banned currently in portions of the
larger parks. The Policy and Services Committee voted unanimously to
support the ban of smoking in the 24 parks. Because the item was
agendized for only three parks, the City Attorney's Office recommended that
Staff present the matter to the Council as an Action Item for proper notice
and discussion.
Janet Ghanem, Breathe California, worked with Palo Alto neighborhood and
community groups regarding smoke-free parks. She supported the banning
of smoking in parks, and hoped larger parks would be included in the future.
Stephanie Munoz suggested an area within parks be designated for smoking.
Perhaps the City could provide stop-smoking programs.
MOTION: Council Member Kniss moved, seconded by Council Member Klein
to: 1) Adopt an ordinance to amend Chapter 9.14 (Smoking And Tobacco
Regulations) of the Palo Alto Municipal Code, by adding Sections 9.14.005
and 9.14.035 and amending Section 9.14.010, that would establish new
EXCERPT MINUTES
Page 2 of 3
City Council Meeting
Excerpt Minutes: 5/13/13
smoking restrictions for City parks and plazas under five acres in size;
increase the no-smoking buffer zones near public building entrances from 20
to 25 feet for consistency with LEED standards; and make findings regarding
the purpose of no-smoking regulations (Attachment A); and 2) Refer the
further investigation of the expansion of the new smoking restrictions for
City parks and open space areas five acres in size or larger to the Parks and
Recreation Commission, and direct the Commission to make
recommendations to the Policy & Services Committee for further
consideration and action.
Council Member Kniss felt the Motion was a positive action for the Council,
and suggested future action include a ban in all City parks.
Council Member Price concurred with comments regarding public health.
Council Member Burt asked why the Policy and Services Committee did not
include larger parks.
Council Member Kniss indicated the Policy and Services Committee would
consider extending the ban. The Policy and Services Committee did not
discuss policies or procedures for enforcing the ban, but could ask Staff to
propose language for enforcement. Perhaps the Council could consider a
smoking ban for the entire City.
Mayor Scharff felt the Council should extend the smoking ban to all parks
without referring it to the Parks and Recreation Commission (PARC).
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to extend the smoking ban, request Staff return
to Council with ordinance on the Consent Calendar with an amendment, and
refer designated smoking areas in large parks to the Parks and Recreation
Commission.
Council Member Kniss supported extending the smoking ban to all parks,
and inquired whether the ban could be enforced.
Mr. Keene believed having a uniform smoking ban was easier to enforce
than a selective ban.
Vice Mayor Shepherd questioned whether the largest parks should have
designated smoking areas, so that park users would not have to leave the
park and activities to smoke.
Mayor Scharff suggested referring the issue of designated smoking areas to
EXCERPT MINUTES
Page 3 of 3
City Council Meeting
Excerpt Minutes: 5/13/13
the PARC.
Council Member Burt supported the concept of extending the ban; however,
the Council may not have contemplated all issues of a smoking ban. The
usual review process would allow that consideration.
MOTION AS AMENDED PASSED: 7-1, Burt no, Holman absent