Loading...
HomeMy WebLinkAbout6.3 Muni Code Smoke Pollutionor,DU~~f~ CITY CLERK ,,, File # ^~©~-®® ~- ~ -~ 8~ ,C~l~ ~C~r r~,.,r,~1~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 SUBJECT: PUBLIC HEARING: Amendment of Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) Report Prepared by Roger Bradley, Administrative Analyst ATTACHMENTS: 1) Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. 2) "Clean" version of Ordinance Amending Chapter 5.56 without strikethrough notations. 3) Draft Minutes from the P&CS Commission Meeting of September 15, 2008. RECOMMENDATION: The proposed Ordinance reflects the previous direction provided by the City Council and does not incorporate the recommendations of the Parks and Community Services Commission. I. Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate; and 5) waive the reading and INTRODUCE the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control (Attachment 1); or II. Provide direction to Staff to further evaluate the recommendations of the Parks and Community Services Commission for inclusion in the proposed Ordinance. FINANCIAL STATEMENT: None. COPY TO: Janice Louie, ALCO Tobacco Coalition Serena Chen, American Lung Association Parks & Community Services Commission Page 1 of 3 C:\Documents and Settings\dianel\Local Settings\Temporary Internet Files\OLK94\as-Parks and Events Ist.doc ITEM NO. • /'Z / DESCRIPTION: At the City Council Meeting on December 18, 2007, the City Council directed Staff to research and present recommendations for augmenting the City's Smoking Pollution Control policies and regulations. As part of this direction, Staff was to present recommendations for an increase in the reasonable distance footage within City parks to 100 feet from areas in which people congregate. Specifically, Staff was directed to analyze the Ordinance passed by the Livermore Area Recreation and Park District as a model for a possible City Ordinance. In addition, Staff was directed by Council to research creating asmoke-free City events ordinance. At the City Council Meeting on July 15, 2008, the City Council directed Staff to prepare a Draft Ordinance addressing smoke-free parks and smoke-.free events for Council's consideration. Before presenting a Draft Ordinance to the City Council, feedback from the Parks and Community Services Commission about the Ordinance proposal was requested. The recommendations from the Parks and Community Services Commission are listed below. Current Law Smoking is prohibited in children's play areas and smoking is prohibited within a minimum of 25 feet from a playground or a tot lot sandbox area. Nonsmoking Parks Proposal As a result of the impact of the 100 foot application in Neighborhood Parks and Neighborhood Squares, the City Council directed Staff to prepare a Draft Ordinance that would prohibit smoking in totality at these locations, and to apply a 100-foot prohibition at the City's Community Parks, which includes Emerald Glen Park, Fallon Sports Park, Dublin Swim Center, Dublin Heritage Center, Dougherty. Hills Dog Park, Dublin Sports Grounds, and Shannon Park. In deriving the areas around which a 100-foot prohibition would apply within community parks, Council directed Staff to prepare a Draft Ordinance that placed a prohibition on the following park recreation areas: • Children's play areas; • Playgrounds; • Swimming pool areas; • Sports fields and courts; • Skate parks; and • Picnic areas. Smoke Free City Events Proposal In addition to the above, Staff was directed by Council to present recommendations for a prohibition of smoking at City events. The prohibition would be placed upon any events planned, coordinated, and/or financed by the City of Dublin, which are held upon City owned property. This would affect events such as Day on the Glen and the Saint Patrick's Day Festival, but would exclude events that are not held on City property such as the golf tournament. Any indoor events would be subject to other sections of the Dublin Municipal Code. As part of this Ordinance proposal, smoking areas may be designated at City events. Such areas would have to be clearly marked and be located the greatest distance practicable from areas of high pedestrian traffic and from parking areas but maybe no closer than 25 feet from them. Recommendations from the Parks and Community Services Commission At its meeting on September 15, 2008, Staff presented the Ordinance proposal to the Parks and Community Services Commission to receive feedback for presentation to the City Council. The draft minutes from the meeting are included in Attachment 3. The Commission proposed augmenting the Ordinance proposal by: Page 2 of 3 ^ Recommending that tobacco products be banned within all of the City's parks. ^ Recommending that a statement be added within the Ordinance language that smoking areas are required to be designated at the City's community parks. ^ Recommending that tobacco products be banned at all City events. ^ Recommending as part of the Ordinance verbiage that smoking areas are required to be designated at all City events instead of stating that the City may designate a smoking area. Regarding the recommendation for tobacco free parks (as opposed to smoke free parks), Staff has done some preliminary research and found that there are some cities outside of the immediate area (Amador County has three cities: Jackson, Ione, and Plymouth) that have taken this approach. If Council were to desire to pursue this option, its provision would most likely fall outside the scope of the Smoking Pollution Control section of the Dublin Municipal Code. In addition, the enforcement of a smokeless tobacco, product ban may prove problematic as the byproduct is either ingested or expectorated with minimal observance. As it may prove difficult to observe violations of a smokeless tobacco ban, Staff would expect that its inclusion within the Ordinance would most closely serve as a policy statement, wherein the City Council would be explicating the deleterious effects of such products. An alternative option would be to pass a Resolution creating "Tobacco-free Zones", and asking the public to respect these areas, instead of making it a law. Regarding the recommendation to ban tobacco products in all of the City's parks, including community parks, instead of only within 100 feet of park recreation areas at community parks, the Commission felt that the 100 foot ban around these areas was unrealistic as most people would not be able to distinguish a distance of 100 feet. Additionally, they believed that there would be confusion as to where smoking was permitted and that signage could not effectively address the prohibition. As an alternative, the Commission recommends that smoking areas be designated at community parks. Enforcement of Proposed Ordinance Dublin Police Services is responsible for enforcing the provisions of the smoking ordinance. Typically, enforcement occurs when the City receives notice that a specific violation or a repeat violation has occurred. Fines maybe given when necessary, particularly for repeat offenses. A fine not exceeding $100 may be issued for any single violation within a given year, followed by a fine of $200 for a second violation, and a fine of $500 for all subsequent violations within the same year. RECOMMENDATION: The proposed Ordinance reflects the previous direction provided by the City Council and does not incorporate the recommendations of the Parks and Community Services Commission. Staff recommends that the City Council take the following action: I. Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate; and 5) waive the reading and INTRODUCE the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control (Attachment 1); or II. Provide direction to Staff to further evaluate the recommendations of the Parks and Community Services Commission for inclusion in the proposed Ordinance. Page 3 of 3 ~ ~ i~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOHING POLLUTION CONTROL WHEREAS, smoking has been shown to pose health risks to smokers; and WHEREAS, secondhand smoke and its residual contaminants have been shown to pose health risks to both smokers and nonsmokers; and WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the health of it residents by reducing the possibility of exposure to secondhand smoke and its contaminates by increasing the buffer zone around areas in which smoking is prohibited. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Sections 5.56.040, 5.56.050 and 5.56.070 of the Dublin Municipal Code are amended as follows, with additions indicated by underline and deletions by strikethrough: 5.56.040 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the service of food is incidental to the consumption of beverages and in which persons younger than twenty-one (21) years of age are at all times excluded. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including private residences that are licensed to provide child care, adult care, and other health care related services, retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "Dining area" means any area containing a counter or table upon which meals are served or any area designed, established, or regularly used for consuming meals. "City sponsored event" means an event which. the City of :Dublin plans, administers, coordinates, and finances, and which is held upon property owned by the City of Dublin. "Community Park" means Dougherty Hills Doi Park, Dublin Heritage Center, Dublin Historic Park, Dublin Sports Grounds, Dublin Swim Center, Emerald Glen Park, Fallon Sports Park, Shannon Park, and any new park constructed after the effective date of this Ordinance that is greater than eight (8) acres its size. "Employee" means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. "Employer" means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons. Attachment 1 a~~a "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section. "Park recreation. area" means any and all children's play areas, playgrounds, swimmin 7 a worts fields, sports courts, skate parks, and. picnic areas. "Place of employment" means any area under the control of a public or private employer that employees may have cause to enter during the normal course of employment, including, but not limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways, except that a private residence is not a place of employment unless it is used as a child care or a health care facility. "Public place" means any area in which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, theaters and waiting rooms. "Reasonable distance" means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. Except as otherwise provided in this Chapter, this distance shall be a minimum of twenty (20) feet unless the application of the twenty (20) foot minimum would place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a location closer than twenty feet which does not place the smoker in a potentially unsafe location. ~zeasen~lz urea "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons, members or employees. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. "Secondhand smoke" means the tobacco smoke created by burning or carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in smoking. "Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. "Smoking" means the consumption of tobacco by inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind. ~s 2 Attachment 1 3 ~ is "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Vending machine" means any electronic or mechanical device or appliance the operation of which depends upon insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases tobacco products and/or tobacco accessories. 5.56.050 Prohibition of smoking in public places and places of employment. A. Smoking shall be prohibited in any enclosed public place, business, restaurant, or place of employment within the city of Dublin except in the enclosed places identified in California Labor Code Section 6404.5(d), or its successor. B. Smoking shall be prohibited in the following enclosed places: 1. Common areas of multi-unit, multi- residence, or multi-family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes; and 2. Areas that have a common or shared air space with other enclosed areas in which smoking is prohibited such as, without limitation, air conditioning systems, heating systems, ventilation systems, entries, doorways, hallways, and stairways. C. Smoking shall be prohibited in the following unenclosed places: 1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place; 2. r'~~'a-°r'~ ,..~.,., ~r°~~ Any City park except for a community park; 3. An~park recreation area within any Cit~park or community parks and within one- hundred (100) feet of a park. recreation area in a community park except while activel py _ assing on the way to another destination and without cnterin~ or crossing any area in which. smoking_is prohibited; 4. Any place where people are using or waiting for a service, entry, or a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands..-2 5. Andy sponsored event, except in any area designated by the City as a smoking area. Cit~ponsored events may have one but no more than three designated smoking areas of an appropriate size, provided the area is prominently marked with suns and is located the rre~test distance practicable from all areas of high pedestrian traffic, any parking lots and any area where smoking is prohibited by other provisions of this Code, state law or fedora law. In no case shall a designated srnokin~ area be placed. less than 2~ feet from such areas D. No person shall provide or place ash receptacles such as, without limitation, ashtrays or ash cans, within an area in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter. 3 Attachment 1 ~ ~ ~a E. Notwithstanding the exception in subsection A of this section for enclosed places identified in California Labor Code Section 6404.5(d) or its successor, "place of employment" shall include retail or wholesale tobacco shops and private smokers' lounges, as such terms are defined in California Labor Code Section 6404.5(d)(4), as well as private residences licensed as family day care homes regardless of their hours of operation. 5.56.070 Reasonable smoking distance required. A. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section 5.56.040, from any entrance, exit, operable window, vent, or other opening into an enclosed area in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited. B. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section 5.56.040, from any unenclosed area in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited. ~a~~ o Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses,. sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2008. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor 4 Attachment 1 ~~ ~a ATTEST: Caroline Soto, City Clerk Attachment 1 ~~ la ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOHING POLLUTION CONTROL WHEREAS, smoking has been shown to pose health risks to smokers; and WHEREAS, secondhand smoke and its residual contaminants have been shown to pose health risks to both smokers and nonsmokers; and WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the health of it residents by reducing the possibility of exposure to secondhand smoke and its contaminates by increasing the buffer zone around areas in which smoking is prohibited. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Sections 5.56.040, 5.56.050 and 5.56.070 of the Dublin Municipal Code are amended as follows, with additions indicated by underline and deletions by strikethrough: 5.56.040 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the service of food is incidental to the consumption of beverages and in which persons younger than twenty-one (21) years of age are at all times excluded. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including private residences that are licensed to provide child care, adult care, and other health care related services, retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "Dining area" means any area containing a counter or table upon which meals are served or any area designed, established, or regularly used for consuming meals. "City sponsored event" means an event which the City of Dublin plans, administers, coordinates, and finances, and which is held upon property owned by the City of Dublin. "Community Park" means Dougherty Hills Dog Park, Dublin Heritage Center, Dublin Historic Park, Dublin Sports Grounds, Dublin Swim Center, Emerald Glen Park, Fallon Sports Park, Shannon Park, and any new park constructed after the effective date of this Ordinance that is greater than eight (8) acres in size. "Employee" means any person who is employed by any employer or hired as an independent contractor in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. "Employer" means any person, partnership, corporation or nonprofit entity, including a municipal corporation, who employs the services of one or more persons. Attachment 2 7~ la "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the meaning of this section. "Park recreation area" means any and all children's play areas, playgrounds, swimming areas, sports fields, sports courts, skate parks, and picnic areas. "Place of employment" means any area under the control of a public or private employer that employees may have cause to enter during the normal course of employment, including, but not limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and classrooms, cafeterias and hallways, except that a private residence is not a place of employment unless it is used as a child care or a health care facility. "Public place" means any area in which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail stores, theaters and waiting rooms. "Reasonable distance" means a distance that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. Except as otherwise provided in this Chapter, this distance shall be a minimum of twenty (20) feet unless the application of the twenty (20) foot minimum would place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a location closer than twenty feet which does not place the smoker in a potentially unsafe location. "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boardinghouse or guest house, which gives or offers food for sale to the public, guests, patrons, members or employees. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. "Secondhand smoke" means the tobacco smoke created by burning or carrying any lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in smoking. "Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. "Smoking" means the consumption of tobacco by inhaling, exhaling, burning or carrying any lighted pipe, cigar or cigarette of any kind. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia. "Tobacco 2 Attachment 2 ~~ra retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Vending machine" means any electronic or mechanical device or appliance the operation of which depends upon insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases tobacco products and/or tobacco accessories. 5.56.050 Prohibition of smoking in public places and places of employment. A. Smoking shall be prohibited in any enclosed public place, business, restaurant, or place of employment within the city of Dublin except in the enclosed places identified in California Labor Code Section 6404.5(d), or its successor. B. Smoking shall be prohibited in the following enclosed places: 1. Common areas of multi-unit, multi- residence, or multi-family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes; and 2. Areas that have a common or shared air space with other enclosed areas in which smoking is prohibited such as, without limitation, air conditioning systems, heating systems, ventilation systems, entries, doorways, hallways, and stairways. C. Smoking shall be prohibited in the following unenclosed places: 1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place; 2. Any City park except for a community parki 3. Any park recreation area within any City park or community parks and within one- hundred (100) feet of a park recreation area in a community park, except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited; 4. Any place where people are using or waiting for a service, entry, or a transaction whether or not such service includes the exchange of money including, but not limited to, ATMs, bank teller windows, telephones, ticket lines, bus stops and cab stands; 5. Any City sponsored event, except in any area designated by the City as a smoking area. City sponsored events may have one but no more than three designated smoking areas of an appropriate size, provided the area is prominently marked with signs and is located the greatest distance practicable from all areas of high pedestrian traffic, any parking lots, and any area where smoking is prohibited by other provisions of this Code, state law, or federal law. In no case shall a designated smoking area be placed less than 25 feet from such areas. D. No person shall provide or place ash receptacles such as, without limitation, ashtrays or ash cans, within an area in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable smoking distance required by this chapter. E. Notwithstanding the exception in subsection A of this section for enclosed places identified in California Labor Code Section 6404.5(d) or its successor, "place of employment" shall include retail or wholesale tobacco shops and private smokers' lounges, as such terms are defined in California Labor Code Section 6404.5(d)(4), as well as private residences licensed as family day care homes regardless of their hours of operation. 5.56.070 Reasonable smoking distance required. A. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section 5.56.040, from any entrance, exit, operable window, vent, or other opening into an enclosed area 3 Attachment 2 ~~ i~ in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited. B. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section 5.56.040, from any unenclosed area in which smoking is prohibited except while actively passing on the way to another destination and without entering or crossing any area in which smoking is prohibited. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2008. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Caroline Soto, City Clerk 4 Attachment 2 PARKS AND COMMUNITY SERVICES COMMISSION Minutes CITY OF DUBLIN September 15, 2008 The September 15, 2008 meeting of the Parks & Community Services Commission was called to order 7:00 p.m. at the Dublin Civic Center, Dublin, California, by Chair Flores. PLEDGE OF ALLEGIANCE Chair Flores led the Pledge of Allegiance. ROLL CALL Commissioners Present: Flores, Jones, Guarienti, Muetterties, Van Loon Commissioners Absent: Elias ORAL COMMUNICATIONS 3.1 2007 - 2008 Youth Advisory Committee Presentation Youth Advisory Committee Members Alex Rogers and Justin Minor presented an overview of the Youth Advisory Committee's activities during 2007-2008. 3.2 BRIEF INFORMATIONAL ONLY` REPORTS FROM SENIOR CENTER AND YOUTH ADVISORY COMMITTEES Senior Center Advisory Committee -None Youth Advisory Committee -None 3.3 'PUBLIC COMMENTS -None APPROVAL OF MINUTES- August 18, 2008 On a motionby Cm. Muetterties seconded by Cm. Van Loon and by a vote of 4-0-1 with Cm. Elias absent, the Commission voted to approve the minutes of August 18, 2008 as presented. Cm. Jones abstained from the vote due to his absence during the August' 18, 2008 meeting. WRITTEN COMMUNICATIONS -None PUBLIC HEARING -None UNFINISHED BUSINESS -None NEW BUSINESS 8.1 NONSMOKING PARKS AND SMOKE-FREE EVENTS Mr. Roger Bradley, Administrative Analyst, presented the specifics of the item as outlined in the Staff Report. Attachment 3 P&CSC Meeting Minutes DRAFT -September 15, 2008 l' j~ Page 2 of 3 ~ ~'` Cm. Muetterties asked how the smoking ban would be enforced. Mr. Bradley explained that peer pressure is expected to be the largest enforcer; however, the ordinance would include provisions whereby violations could be punishable by fines. Cm. Guarienti asked about the quantity and locations of the proposed signs that would prohibit smoking. Mr. Bradley stated that neighborhood parks would have a sign at the entrance stating that smoking is prohibited within the park, and community parks would have a sign at the entrance listing the areas in the park in which smoking would be prohibited. Ms. Diane Lowart, Parks & Community Services Director, clarified that the current signs at the park entrances would be augmented with language that prohibits smoking. She stated that Staff would continually gage whether it would be necessary to add more signs in the future. Cm. Guarienti asked how the signs would specify the non-smoking areas. Ms. Lo~~ art stated that the signs could describe the areas of the park in which smoking would be prohibited, such as the play areas. Cm. Van Loon asked if only the two neighborhood parks discussed in the Staff Report. would have a smoking ban. Mr. Bradley stated that all neighborhood parks and squares would have a smoking ban. Cm. Jones stated that he would like all tobacco products to be banned from the parks, except in;the associated parking lots. He further stated that tobacco products should also be banned from City events, with the exception of a designated smoking section at the event. Chair Flores asked where designated smoking areas would be located during City events at parks if the event is located in an area that is normally a designated smoking area. Mr. Bradley explained that the ordinance would not require the City to provide a designated smoking area. but would provide the option to designate a smoking area. Cm. Guarienti stated that he is not in favor of the 100-foot smoking ban because it may be too difficult for the public to gauge the distance of such a boundary. He stated that it would he easier to understand and enforce either a 25-foot smoking ban or to ban' moking in all parks, with a designated smoking area for each park. The Commissioners discussed the issue' further and agreed that it would be more suitable to ban smoking from all parks, with a designated smoking area for the community parks. On a motion by Cm. Jones. seconded by Cm. Guarienti, and by a vote of 5-0-0 with Cm. Elias absent, the Commission voted to recommend to the City Council to make all Dublin parks tobacco free with the larger community parks to include a small designated smoking section. On a emotion by Cm. Jones, seconded by Cm. Muetterties, and by a vote of 5-0-0 with Cm. Elias absent, the Commission voted to recommend to the City Council to make all City events tobacco free except for small designated smoking areas. 8.2 PROPOSED EXTENSION OF EAST BAY REGIONAL PARK DISTRICT REGIONAL OPEN SPACE, WILDLIFE, SHORELINE AND PARKS BOND Ms. Diane Lowart, Parks.& Community Services Director, presented the specifics of the item as outlined in the Staff Report. Cm. Muetterties asked about the length of time on the Bond. Cm. Guarienti stated that the length of the Bond is twenty years. Cm. Muetterties asked how the funds would be dispersed. Ms. Lowart stated that previously, the funds were dispersed in two grants to the City. Cm. Guarienti stated that this was plan for the future funds as well. P&CSC Meeting Minutes DRAFT -September 15, 2008 Page 3 of 3 la~i~ Cm. Muetterties asked how the funding amount is determined. Ms. Lowart explained that the funding amount is based on population of the City. Cm. Muetterties asked from where the funding would come for the projects listed on the Staff Report. Ms. Lowart explained that those projects would be funded by the East Bay Regional Park District's 75% share of the bond proceeds. OTHER BUSINESS 9.1 BRIEF INFORMATION ONLY REPORTS FROM PARKS & COMMUNITY SERVICES COMMISSIONERS AND/OR STAFF Cm. Guarienti reported that he went to the Day on the Glen Festival Planning Committee meeting. He expressed appreciation for the Tri-Valley Commissioners Dinner hosted by the City of San Ramon. Cm. Jones also expressed appreciation for the Tri-Valley Commissioners Dinner hosted by the City of San Ramon. He reported that he attended the Emerald Glen Recreation and Aquatic Complex architect selection interviews. Cm. Muetterties expressed appreciation for the Tri-Valley Commissioners Dinner hosted by the City of San Ramon. Chair Flores also expressed appreciation for the. Tri-Valley Commissioners Dinner hosted by the City of San Ramon. Ms. Lowart reminded the Commission of the Day on the Glen Festival being held this weekend, September 20 & 21, 2008; and the grand openings and dedications of Devan~ Square and Piazza Sorrento parks on October 4, 2008. She provided status updates for the Shannon Community Center, Passatempo Park, Emerald Glen Recreation and Aquatic Complex, and Dublin Historic Park construction. ADJOURNMENT Being no further business, the meeting adjourned at 7:50 p.m. Respectfully submitted, Rhonda Franklin Administrative Technician APPROVED: Chairperson