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HomeMy WebLinkAboutStaff Report 4257 City of Palo Alto (ID # 4257) City Council Staff Report Report Type: Action Items Meeting Date: 11/18/2013 City of Palo Alto Page 1 Summary Title: Colleague's Memo Title: Colleague's Memo from Mayor Scharff, Vice Mayor Shepherd, Council Member Holman and Council Member Price, Regarding Expanding Smoking Ban in Downtown and California Avenue Business Districts From: City Manager Lead Department: City Manager Recommendation The City Council direct staff to: 1. Proceed to the Policy & Services Committee for policy discussion and recommendation to the full Council to expand the City’s outdoor smoking ban in the Downtown and California Avenue Business Districts. 2. Conduct outreach to downtown and California Avenue residents, businesses and property owners for input on expanding the City’s current ban on outdoor smoking in certain areas, including California Ave and University Ave and possibly other streets in the downtown cores. 3. Benchmark other jurisdictions’ outdoor smoking ban ordinances in downtown cores. Background In August 2013 the City Council approved a ban on smoking in all public parks and open space nature preserves, including the City golf course, and increased the no-smoking buffer zone near public building entrances from 20 to 25 feet. The smoking ban went into effect on October 9, 2013. Attached are two GIS area maps of University Avenue and California Avenue with 25 foot radiuses or “buffer zones” drawn around each structure on lots fronting University Ave and City of Palo Alto Page 2 California Avenue. The maps are designed to give a sense of the extent to which the City's current smoking ban applies on these streets but are not an exact applications as the ban applies only to 25 feet of doorways and entrances of enclosed public spaces. There are slight variations between the buffer zones of the current ban and the GIS maps that leave pockets between entrances, on street corners, walkways and plazas where smoking is not prohibited and difficult to enforce. Studies have confirmed that exposure to second-hand smoke can cause serious health impacts. Banning smoking in the public right away prevents smoking in front of or near businesses. Smokers tend to congregate in front of entrances, causing ingress and egress issues. Smoke filters into buildings; and cigarette butts litter the sidewalks, planters and other visible public areas. Business owners with outdoor dining areas are also affected as secondhand smoke drifts to outdoor eating areas, negatively affecting their customers’ dining experience and potentially creating negative health impacts. We propose that the City Council consider restricting further the City’s current smoking ban in the Downtown and California Avenue Business Districts, to both University Avenue and California Avenue and possibly other streets in the downtown cores to provide clarity on the City’s current ban and make enforcement simpler. When looking at the attached Maps it is clear that except for certain small pockets smoking is prohibited on most of California Avenue and University Avenue. Expanding the City’s current ban will also further enhance these areas as community gathering places, improve commerce in the Districts and foster a healthy quality of life for downtown residents and visitors. Discussion There are a variety of options to further restrict smoking in the Downtown and California Avenue Business districts. In preparation for a policy discussion we recommend that staff:  Research other jurisdictions’ approaches to banning smoking in downtown corridors including but not limited to evaluating ordinances, geographic scope, exemptions, signage, enforcement approaches, and lessons learned.  Outreach to residents, businesses and property owners, including the Downtown Business and Professional Association, the California Avenue Area Business Association and surrounding resident associations for input on expanding the City’s outdoor smoking ban. We further recommend that staff conduct the benchmarking of other jurisdictions and the community outreach, and to bring the findings and staff recommendations to the Policy & Services Committee for a policy discussion and recommendation to the full Council. City of Palo Alto Page 3 Staff Impact Staff reports that the staff impact to benchmark other jurisdictions and to conduct community outreach is minimal. Staff estimates the data collection and outreach can be completed and the findings and recommendations brought to the Policy & Services Committee in early 2014. Attachments:  Attachment A. University Avenue 25 ft Buffer (PDF)  Attachment B. California Avenue 25 ft Buffer (PDF)  Attachment C: August 12, 2013 CCM EXCERPT Item 4 Smoking (DOC) 120-27-011 120-31-009 120-14-016 120-26-095 120-26-099 120-16-099 University Avenue Train Station Lytton Station FireStation # 1 TowerWell LyttonSquare Senior Center LanningChateau Do w n t o w n L i b r a r y City Hall Williams Property St TAquin All SaintsEpiscopal Church Chase Bank DowningHouse Calif State Auto Assn Waverley SurgeryCenter Select Physical Therapy Post Office94301 Cedar TerracCondominiu CowperInn Rose Lane Apts. Professsion Dental Center Everett Manor 7-11 EverettHouse First UnitedMethodist Church Lytton Gardens Healthcare Ctr. Webster House Alain Pinel Realtor Lytton Gardens CPADev. Ctr Lytton Gardens Senior Residence Casa Olga Old Pro HamiltonBuildingNola The North Face AT&T Gym Lot RParking GarageCity of Palo Alto Private Bank of the Peninsula Comerica BankCornish & Carey Pizza My Heart PeninsulaCreamery Ma c ' s S m o k e s h o p Wasson Building Garden CourtHotel Prolific Oven Palo Alto Sport Shop EMERSON STREET HA W T H O R N E A V E N U E RAMONA STREET EMERSON STREET HA W T H O R N E A V E N U E HIGH STREET EVERETT AVENUE EVERETT AVENUE HIGH STREET ALMA STREET ALMA STREET LYTTON AVENUE ALMA STREET EMERSON STREET RAMONA STREET LYTTON AVENUE UNIVERSITY AVENUE RAMONA STREET BRYANT STREET HIGH STREET EMERSON STREET ALMA STREET EMERSON STREET HIGH STREET HIGH STREET HAMILTON AVENUE HAMILTON AVENUE EMERSON STREET HAMILTON AVENUE GILMAN STREET WAVERLEY STREET BRYANT STREET FOREST AVENUE FOREST AVENUE BRYANT STREET RAMONA STREET RAMONA STREET BRYANT STREET FLORENCE STREET KIPLING STREET LYTTON AVENUE WAVERLEY STREETWAVERLEY STREET EVERETT AVENUE EVERETT AVENUE BRYANT STREET WAVERLEY STREET HAWTHORNE AVENUE RAMONA STREET BRYANT STREET LYTTON AVENUE UNIVERSITY AVENUE COWPER STREET KIPLING STREET UNIVERSITY AVENUE UNIVERSITY AVENUE COWPER STREET WAVERLEY STREET HAMILTON AVENUE HAWTHORNE AVENUE COWPER STREET HAWTHORNE AVENUE HAWTHORNE AVENUE KIPLING STREET EVERETT AVENUE COWPER STREET WEBSTER STREET BYRON STREET EV MIDDLEFIELD ROAD MIDDLEFIELD ROAD EVERETT AVENUE WEBSTER STREET WEBSTER STREET LYTTON AVENUE BYRON STREET TASSO STREET HAMILTON AVENUE COWPER STREET FOREST AVENUE FOREST AVENUE WAVERLEY STREET WEBSTER STREET WEBSTER STREET COWPER STREET LYTTON AVENUE UNIVERSITY AVENUE BYRON STREET MIDDLEFIELD ROADMIDDLEFIELD ROAD LYTTON AVENUE WEBSTER STREET MIDDLEFIELD ROAD HAMIL HAMILTON AVENUE FOREST AVENUE FOREST AV MIDDLEFIELD ROAD E R S I T Y C I EVERETT COU RT LANE 39 LANE 7 EASTLANE 5 EAST LANE 6 EAST LANE 20 EAST LAN E 30 LANE 20 WEST LANE 21 LANE 15 EAST BRYANT COURT PAULSEN LANE LANE 12 WEST LANE 11 WEST CENTENNIAL WALK DOWNING LANE PENINSULA CORRIDOR JOINT POWERS BOARDD HIGH STREET ALMA STREET ALMA STREET FOREST AVENUE URBAN LANE LANE 7 WEST Lot A Lot D Lot G Lot H Lot F Lot O Lot P Lot Q Lot T Lot C Lot K Lot WC Cogswell Plaza Lot B Lot K Lot E Johnson Park LyttonPlaza Civic Center Plaza Bryant / Lytton Parking Garage Parking PKG PKG Whole F M Williams Park PAMF CLARK BUILDING CVS Pharmacy Union Bank Miyake E-Trade Stanford Books Lot S Lot CC Lot N Lot R City of Palo Alto GIS This map is a product of the This document is a graphic representation only of best available sources. Legend City Parking City Parks/Plazas (Non-Smoking Area) 25 ft buffer around Building Roof Outlines (Non-Smoking Area*) abc Building Roof Outline Curb Lip Sidewalk Edge Pavement Edge Transportation Stations 0' 120'240' Smoking Ban on University Avenue Area Map CITY OF PALO ALTOINCORPORATE D CAL I FORN IA P a l o A l t o T h e C i t y o f APR I L 1 6 1 89 4 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2013 City of Palo Alto rrivera, 2013-09-12 14:35:59, Smoking Ban 25ft UniversityAve 02 (\\cc-maps\gis$\gis\admin\Personal\rrivera.mdb) 124-33-064 F Molly Stone's Market County Courthouse and Jail North County Me ntal Health Center Bldg 5Bldg 3 Bldg 4 Bldg 6 Lot C-5 Parking Lot Bank of the West Bldg 2 Bldg 1 Bldg 8 Bldg 7 California Station Country Sun K J H G E BDC A GE AV E N UE RIDGE AVENUE AV E N UE GRAN T AV E N UE EL CAMINO REAL EL CAMINO REAL EL CAMINO REAL SHERMAN AVENUE SHERMAN AVENUE JACARANDA LANE ASH STREET NEW MAYFIELD LANE NEW MAYFIELD LANE EL CAMINO REAL EL CAMINO REAL CAL IFORNIA AV E N UE CALIFORNIA AVENUE PERAL LANE MIMOSA LANE SEDRO LANE CAMBRIDGE AVENUE COLLEG E AV E N UE BIRCH STREET NEW MAYFIELD LANE CAMBRIDGE AVENUE BIRCH STREET COLLEGE AVENUE COLLEGE AVENUE PARK BOULEVARD CALIFORNIA AVENUE PARK BOULEVARD SHERMAN AVENUE JAC AR AN DA LAN E PARK BOUL OULEVARD ORE GON EXP GRANT AVENUE SHERMAN AVENUE ASH S BIRCH STREET BIRCH STR GRAN T AV E N UE NOGAL LANE JACARANDA LANE CORRIDOR JOINT POWERS BOARD PENINSULA CORRIDOR JOINT POWERS BOARD EL CAMINO REAL WallisPark Lot C -6 Lot C-7 Lo t C - 8 Lot C-9 Train Station, California Avenue SC County Courthouse and Jail Lot C-2 Lot C-1 Lot C-3 Parking Garage Lot C-4 Lot C-5 Garage Parking City of Palo Alto GIS This map is a product of the This document is a graphic representation only of best available sources. Legend City Parking City Parks/Plazas (Non-Smoking Area) 25 ft buffer around Building Roof Outlines (Non-Smoking Area*) abc Building Roof Outline Curb Lip Sidewalk Edge Pavement Edge Transportation Stations 0' 70'140' Smoking Ban on California Avenue Area Map CITY OF PALO ALTOINCORPORATE D CAL I FORN IA P a l o A l t o T h e C i t y o f APR I L 1 6 1 89 4 The City of Palo Alto assumes no responsibility for any errors. ©1989 to 2013 City of Palo Alto rrivera, 2013-09-12 14:47:13, Smoking Ban 25ft CaliforniaAve 02 (\\cc-maps\gis$\gis\admin\Personal\rrivera.mdb) CITY OF PALO ALTO CITY COUNCIL EXCERPT Page 1 of 3 Special Meeting August 12, 2013 4. 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 Gregory Betts, Director of Community Services, reported merchants of Downtown requested Staff consider a smoking ban in Downtown Plaza, Cogswell Plaza, and a small park off California Avenue. Staff presented the matter to the Policy and Services Committee on March 19, 2013. The Policy and Services Committee requested Staff present the Council with a draft Ordinance for parks under 5 acres. Upon presentation to the Council, Council Members supported a smoking ban for all parks and open space areas in Palo Alto. Vice Mayor Shepherd moved that the Parks and Recreation Commission (PARC) consider exemptions for larger City parks. On May 28, 2013, PARC recommended that the Ordinance apply to all open space areas, and future non-smoking areas could be designated in high- traffic areas of the Golf Course. PARC also recommended that smoking areas in Rinconada, Greer, and Mitchell parks be considered. Staff provided two options, both of which banned smoking in open-space areas and increased no-smoking zones around buildings from 20 feet to 25 feet. Alternative A banned smoking at all parks and open space areas. Joel R. Betts supported Alternative B. The opposing interests of smokers and non-smokers should be studied further. Banning smoking in open space areas was sensible, because of the fire hazard. MOTION: Vice Mayor Shepherd moved, seconded by Council Member Price to: 1) amend Chapter 9.14 (Smoking and Tobacco Regulations) of the Palo Alto Municipal Code, by adding Section 9.14.005 (Purpose), 2) approve a new Section 9.14.035 (Smoking Prohibited – Public Parks) (Attachment A), 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. EXCERPT Page 2 of 3 City Council Meeting EXCERPT: August 12, 2013 Vice Mayor Shepherd originally moved for smoking zones in open space areas; however, smoking zones in open space areas would not be wise. Smoking did not appear to be a problem in City parks. The policy should be consistent; therefore, she preferred smoking be banned in all parks. Council Member Price felt smoking should be prohibited in order to protect public health, welfare, and safety in public parks. Banning smoking would reduce litter and fire hazards. Council Member Kniss felt designated smoking areas would be worse than at-large smoking in City parks. The Council's responsibility was to protect the public. Council Member Schmid requested Ms. Hetterley provide PARC comments regarding the Golf Course. Jennifer Hetterley, Park and Recreation Commission Chair, reported PARC felt the Golf Course was a different setting in that people on the Golf Course were spread out over a large area, children were not playing nearby, and for many golfers a cigar was part of the golf experience. PARC did not want to risk turning away clientele when the City was attempting to build a clientele for the redesigned Golf Course. Once the Golf Course reopened, the issue could be reconsidered. AMENDMENT: Council Member Schmid moved, seconded by Council Member Berman to except smoking on the Palo Alto Municipal Golf Course. Council Member Schmid noted PARC held a long discussion and excepted the Golf Course. Because of the City's investment in the redesigned Golf Course, it should be an exception to the smoking ban. Council Member Berman would not want smoking allowed in areas at the Golf Course where people congregated. Health concerns were less for smoking on the Golf Course because people were spread over the course. Council Member Burt agreed with restricting smoking in parks to the extent it impacted park users. There was a delicate balance between legislating behavior and restricting impact on others. PARC's recommendation, Attachment B, was more appropriate. He had a reservation about prohibiting smokers from using parks because they were smokers. SUBSTITUTE MOTION: Council Member Burt moved, seconded by Council Member XXX to approve Attachment B; 1) “to Establish New Smoking EXCERPT Page 3 of 3 City Council Meeting EXCERPT: August 12, 2013 Restrictions for All Parks, with Exceptions for the Municipal Golf Course and Designated Smoking Zones at Greer, Rinconada and Mitchell Parks, 2) Increase No-Smoking Buffer Zones from 20 to 25 feet for Consistency with LEED Standards and, 3) Make Findings Regarding the Purpose of No- Smoking Regulations” per the majority recommendation from the Parks and Recreation Commission. SUBSTITUTE MOTION FAILED DUE TO LACK OF A SECOND Council Member Klein did not support the Amendment. Golfers encouraged young people to play golf to continue the sport, and he did not want to encourage young people to smoke while playing golf. Council Member Holman did not believe smoking should be allowed on the Golf Course. The City should be consistent in supporting good health practices. If golfers did not play the course because of the ban, then the Council could reconsider the issue. AMENDMENT FAILED: 3-6 Berman, Burt, Schmid yes MOTION PASSED: 8-1 Burt no