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10-06-2010 City Council agenda packet
AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL & WEST VALLEY COLLEGE BOARD OF TRUSTEES OCTOBER 6, 2010 SPECIAL MEETING –5:30P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER–5:30P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on September 30, 2010) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instructionto Staff regarding actions on currentOral Communications. ADJOURN TO CLOSED SESSION ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITHREAL PROPERTY NEGOTIATORS–(GovernmentCode Section54956.8) APN 503-24-016 Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works Director CONFERENCE WITHREAL PROPERTY NEGOTIATORS–(Government Code Section 54956.8) APN 389-29-007 Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works Director 1 CONFERENCE WITHREAL PROPERTY NEGOTIATORS–(GovernmentCode Section 54956.8) APN 517-32-001 and APN 503-48-014 Agency Negotiator: Dave Anderson OPEN SESSION –6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM –13777 FRUITVALE AVENUE. CALL MEETING TO ORDER –6:00 P.M. 1.Joint Meeting with West Valley College Board of Trustees Recommended Action: Informational only In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Councilby City staff in connection with this agenda are available at the office of the City Clerkat 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us.Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerkat the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Councilwas posted on September 30, 2010,at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us th Signed this 30day of September2010at Saratoga, California. Ann Sullivan, CMC City Clerk 2 èÛÚÐ× ÍÖ ùÍÎÈ×ÎÈÉ ûÕ×ÎØÛ óÎØÓÛÎ úÔÛÊÛÈÛÎÛÈÃÛÏ øÛÎÙ× ì×ÊÖÍÊÏÛÎÙ× éÈÛÖÖ ê×ÌÍÊÈ öÇÐÐ ùÓÊÙÐ× öÛÊÏ ìÊ×É×ÎÈÛÈÓÍÎ éÈÛÖÖ ê×ÌÍÊÈ ùÓÈà ùÍÇÎÙÓÐ ê×ÕÇÐÛÊ ï××ÈÓÎÕ ïÓÎÇÈ×É ¦ é×ÌÈ×ÏÚ×Ê éÈÛÖÖ ê×ÌÍÊÈ ïÓÎÇÈ×É ùÓÈà ùÍÇÎÙÓÐ ê×ÕÇÐÛÊ ï××ÈÓÎÕ ïÓÎÇÈ×É ¦ é×ÌÈ×ÏÚ×Ê éÈÛÖÖ ê×ÌÍÊÈ ïÓÎÇÈ×É ùÓÈà ùÍÇÎÙÓÐ éÛÊÛÈÍÕÛ ûÊ×Û é×ÎÓÍÊ ùÍÍÊØÓÎÛÈÓÎÕ ùÍÇÎÙÓÐ éûéùù éÈÛÖÖ ê×ÌÍÊÈ ïÓÎÇÈ×É èÊ×ÛÉÇÊ×滃 ê×ÌÍÊÈ ÖÍÊ ÈÔ× ïÍÎÈÔ ÷ÎØ×Ø òÇÐà èÊ×ÛÉÇÊ×滃 ê×ÌÍÊÈ ÖÍÊ ÈÔ× ïÍÎÈÔ ÷ÎØ×Ø òÇÐà ê×ÆÓ×Å ÍÖ ûÙÙÍÇÎÈÉ ìÛÃÛÚÐ× ùÔ×ÙÑ ê×ÕÓÉÈ×ÊÉ ùÍÇÎÙÓÐ ùÔ×ÙÑ ê×ÕÓÉÈ×Ê ùÔ×ÙÑ ê×ÕÓÉÈ×Ê ùÔ×ÙÑ ê×ÕÓÉÈ×Ê íÊØÓÎÛÎÙ× ûØÍÌÈÓÎÕ ûÊÈÓÙÐ× ÈÍ ìÊÍÔÓÚÓÈ éÏÍÑÓÎÕ íÇÈØÍÍÊÉ ÓÎ ÈÔ× ùÓÈà ÍÖ éÛÊÛÈÍÕÛ ÛÎØ ïÛÑÓÎÕ ùÍÎÖÍÊÏÓÎÕ ûÏ×ÎØÏ×ÎÈÉ ÈÍ ûÊÈÓÙÐ×É ÛÎØ ùù ÉÈÛÖÖ Ê×ÌÍÊÈ ÎÍ ÉÏÍÑÓÎÕ ùù ÍÊØÓÎÛÎÙ× ÎÍ ÉÏÍÑÓÎÕ ùù ÍÊØÓÎÛÎÙ× ÎÍ ÉÏÍÑÓÎÕ ×ÄÔÓÚÓÈ û ûÈÈÛÙÔÏ×ÎÈ ûÈÈÛÙÔÏ×ÎÈ ÎÍ ÉÏÍÑÓÎÕ öÛÉÈ öÛÙÈÉ íÎ× ã×ÛÊ ÷ÄÈ×ÎÉÓÍÎ ÍÖ çÊÕ×ÎÙà íÊØÓÎÛÎÙ× ÖÍÊ ï×ØÓÙÛÐ ïÛÊÓÒÇÛÎÛ øÓÉÌ×ÎÉÛÊÓ×É ïïø éÈÛÖÖ ê×ÌÍÊÈ ïïø ûÈÈÛÙÔÏ×ÎÈ ïïø ûÈÈÛÙÔÏ×ÎÈ ïïø ûÈÈÛÙÔÏ×ÎÈ ïïø ûÈÈÛÙÔÏ×ÎÈ öÍÊÏÛÈÓÍÎ ÍÖ ÛÎ ÷ÙÍÎÍÏÓÙ ø×Æ×ÐÍÌÏ×ÎÈ ùÍÏÏÇÎÓÈà ûØÆÓÉÍÊà ùÍÏÏÓÈÈ×× éÈÛÖÖ ê×ÌÍÊÈ ùÍÎÉÓØ×Ê ð×ÕÓÉÐÛÈÓÍÎ ÈÍ ùÍÊÊ×ÙÈ çÎØ×ÊÖÇÎØÓÎÕ ÍÖ éÈÛÈ× ìÊÍÌ×ÊÈà èÛÄ ÷ËÇÓÈà ûÐÐÍÙÛÈÓÍÎÉ è÷û ÈÍ éÛÊÛÈÍÕÛ ïÍÎÈ× é×Ê×ÎÍ ùÇÌ×ÊÈÓÎÍ ÛÎØ ðÍÉ ûÐÈÍÉ ôÓÐÐÉ è÷û éÈÛÖÖ ê×ÌÍÊÈ AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, October 6, 2010 REGULAR MEETING –7:00 P.M. –CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on September 30, 2010. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications -Council Direction toStaff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 1.Indian Bharatanatyam Dance Performance Recommended action: Enjoy the performance of three young artists dancing to Indian Bharatanatyam music. 2.Full Circle Farm Presentation Recommended action: Listen to a short presentation about organic farming given by Rebecca Jepson. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3.City Council Regular Meeting Minutes –September 1, 2010 Recommended action: Approve minutes. 4.City Council Regular Meeting Minutes –September 15, 2010 Recommended action: Approve minutes. 5.City Council & Saratoga Area Senior Coordinating Council (SASCC) Joint Meeting Minutes –September 23, 2010 Recommended action: Approve minutes. 6.Treasurer’s Report for the Month Ended July 31, 2010 Recommended action: Review and accept the Treasurer’s Report for the month ended July 31, 2010. 7.Review of Accounts Payable CheckRegisters Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: September 09, 2010 September 16, 2010 September 24, 2010 PUBLIC HEARINGS Members of the public may comment on any item for up to three minutes. Items requested for continuance are subject to Council’s approval at the Council meeting. 8.Ordinance Adopting Article 7-36 to Prohibit Smoking Outdoors in the City of Saratoga and Making Conforming Amendments to Articles 7-35 and 11-15 Recommended action: Conduct a public hearing to consider adopting a new Article 7-36 of the City Code to prohibit smoking in outdoor areas and amending Articles 7-35 and 11-15 to clarify the scope of each of those Articles in relation to the new Article. Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. 9.One Year Extension of Urgency Ordinance for Medical Marijuana Dispensaries Recommended action: Receive and approve this staff report regarding measures taken thus far to alleviate the condition that led to adoption and first extension of the November 18, 2009 urgency ordinance for medical marijuana dispensaries (MMDs) and adopt an ordinance extending the temporary moratorium on the establishment of MMDs for one year. OLD BUSINESS None NEW BUSINESS 10.Formation of an Economic Development Community Advisory Committee Recommendedaction: Review report and direct Staff accordingly. 11.Consider Legislation to Correct Underfunding of State Property Tax Equity Allocations (TEA) to Saratoga, Monte Sereno, Cupertino, and Los Altos Hills Recommended action: Authorize the Mayor to appoint a two person City Council ad hoc committee to work with Monte Sereno, Cupertino, and Los Altos Hills in a collaborative effort to support legislation that would put the cities’ TEA property tax allocations on an equal footing with comparable California cities and direct staff to prepare budget amendments authorizing funding to support the legislative effort. ADHOC & AGENCY ASSIGNMENT REPORTS MayorKathleen King ABAG HakoneFoundation Executive Committee West ValleyFlood Control Zone & Watershed Advisory Committee SCC CitiesAssociation Selection Committee West Valley Mayorsand Managers Association Vice MayorJill Hunter HakoneFoundation Board HistoricalFoundation LibraryJoint Powers Association VillageAdHoc Susie’s Garden Adhoc Tree Adhoc Councilmember Howard Miller City SchoolAd-Hoc Council FinanceCommittee Electric Vehicle Charging Stations Adhoc Highway 9Adhoc KSAR Santa Clara County Cities Association Board West Valley SolidWaste Joint Powers Authority West Valley TransportationAuthority PAC Councilmember Chuck Page City SchoolAd-Hoc Council FinanceCommittee Santa ClaraValley Water District Commission Saratoga MinisterialAssociation West Valley SanitationDistrict Councilmember Manny Cappello Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations Adhoc Highway 9 Adhoc Santa Clara County Emergency Council SASCC Sister City Liaison Village Adhoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. BrownAct, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact theCity Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on September 30, 2010,atthe City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us th Signed this 30day of September 2010at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: Toview current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2010 10/20Regular Meeting –Joint Meeting with Traffic Safety Commission 11/3Regular Meeting –Joint meeting with Saratoga Ministerial Association 11/17Regular Meeting -Joint Meeting with Hakone Foundation 11/30Council Reorganization 12/1Regular Meeting -Joint Meeting with Library Commission and Friends of the Saratoga Libraries 12/15Regular Meeting - SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: October 6, 2010 DEPARTMENT: CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan, City ClerkDave Anderson SUBJECT: Indian Bharatanatyam DancePerformance RECOMMENDED ACTION: Enjoy the performance ofthree young artists dancingto Indian Bharatanatyam music. REPORT SUMMARY: th grader at Redwood The dance performance will be demonstrated by: Meghna Chakraborty, an 8 thth Middle School; Varunika Raja, an 8grader at Stratford School; and Sharanya Balaji, a 7 grader at Stratford School. All three girls have been learning classical Indian dance called “Bharatanatyam” for more than eight years. Their teacher, Vishal Ramani, has been teaching dance in the Bay Area for more than 30 years. For more information on thisform ofclassical art, please visit www.shrikrupa.org FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on theCity’s web site in advance of the 1 meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None 2 SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: October 6, 2010 DEPARTMENT: CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan, City ClerkDave Anderson SUBJECT: FullCircle Farm Presentation RECOMMENDED ACTION: Listen to a short presentation about organic farming given by Rebecca Jepson. REPORT SUMMARY: Full Circle Farm is an 11-acre organic, educational farm located in the heart of Silicon Valley. www.fullcirclesunnyvale.org/ For more information you can visit the Full Circle Farm website at FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 1 ATTACHMENTS: None 2 SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: October6,2010 DEPARTMENT:CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan,City Clerk Dave Anderson SUBJECT:City CouncilRegularMeetingMinutes–September 1,2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the September 1,2010,City CouncilRegularMeeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in thepacket made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A –MinutesfromtheSeptember 1,2010City CouncilRegularMeeting. MINUTES SARATOGA REGULAR CITY COUNCILMEETING SEPTEMBER 1, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION – CONFERENCE WITH LEGAL COUNSELExisting Litigation–Government Code Section 54956.9 (a): (1 Case) City of Saratoga v. Sumit Dutta and Jaya Dutta, Santa Clara County Superior Court Case No. 1-10-CV-172734 PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Gov’t.Code 54957 Title: City Manager MAYOR’S REPORT ON CLOSED SESSION Mayor King announced that Council was unable to address all the items scheduled for Closed Session during the 5:30 to 6:00PM meeting and Closed Session would be continued in the Administrative Conference Room after the conclusion of the 7:00PM Regular Meeting. Mayor King called the Regular City Council meeting to order at 7:00PMand led the Pledge of Allegiance. ROLL CALL : PRESENTCouncilmembers Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill Hunter and Mayor Kathleen King ABSENT:None ALSODave Anderson, City Manager PRESENT:Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Cherbone, Public Works Director John Livingstone, Community Development Director Michael Fossati,Assistant Planner Rina Shah, Planning Technician REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on August 27, 2010. COMMUNICATIONS FROM BOARDS ANDCOMMISSIONS Joan Gomersall, Chairof theHeritage Preservation Commission(HPC), provided a short synopsis of their Joint meeting with the City Council prior to the Regular meeting. She noted the HPC completed the Heritage Inventory update, reviewed and provided historical value for nine properties, completed the certification oftheLocal Government Annual Report that is required by the State Office of HistoricPreservation, and provided assistance to City staff on the HPC website design.She added the HPC goals for the upcoming year includedapplying for a Santa Clara County Historical Heritage Commission grant for the Heritage Orchard Sign, pursuingthe preservation of the Carlson House,and completingthe form to place the Hakone Gardenson the National Register of Historic places. Bob Himel, President of Saratoga Historical Foundation,provided a brief synopsis of the Foundation’s accomplishments for the current year and plansfor the upcoming year. He noted the Foundation is a volunteer organizationand is dedicated topreserving and presenting Saratoga’s unique history.He added the Foundation would be holding a fund raiser at Garrod Ranch towards the end of Septemberand invited members of the Council to attend the event. He noted people could visit their website at www.saratogahistory.comfor more information. Family memberships are $40 annually and people can apply for memberships on line. COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Denise Goldberg thankedthe Council for funding the September 11, 2010 Movie in the Park at Wildwood Park.Shenoted food and music would be available startingat 5:00PM and the movie “National Treasure” wouldstart at 7:30PM. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Vice Mayor Jill Hunter noted the Washington Smithsonian would be displaying exhibits atHakone Gardens on September 2.In addition, she invited everyoneto participate in the th AutumnOpera at Hakoneon September 10from 6:30 to 9:30PM. Councilmember Chuck Page announced that the Los Gatos/Saratoga Assistance League th would be holding their annual fundraiser at the Saratoga Foothill Club on September 11. In addition,he noted thatSacred Heart is hostinga carnivalon the weekend of September th 25 and 26at Sacred Heart. 2 Mayor Kathleen King invited everyone to the Chamber’s annual Art & Wine Festival on September 25 and 26 from 10:00AM to 6:00PM on Big Basin Way. CEREMONIAL ITEMS COMMENDATION HONORING ANURADHA SRIDHAR 1. STAFF RECOMMENDATION: Read and present commendation. Mayor King read and presented the commendation to musician AnuradhaSridhar, who was joined on stage by members of her familyand friends.Mia, a student of Ms. Sridhar sang an Indian song. SPECIAL PRESENTATIONS 2010 US CENSUS BUREAU CERTIFICATE OF APPRECIATION 2. STAFF RECOMMENDATION: Listen to a short presentation by Vince Khanna, US Census 2010 Outreach representative and receive Certificate of Appreciation. VinceKhanna, representative of the US Census Bureau,addressed the Council regarding the 2010 Census taking and thanked the City and staff for their help in assisting with the census taking. He presented the Council witha Certificate of Appreciation. CONSENT CALENDAR CITY COUNCIL STUDY SESSION MINUTES –JUNE 24, 2010 3. STAFF RECOMMENDATION: Approve minutes. APPROVE CITY COUNCIL STUDY SESSION PAGE/MILLER MOVED TO MINUTES –JUNE 24, 2010. MOTION PASSED 5-0-0. CITY COUNCIL SPECIALMEETING MINUTES –JULY 19, 2010 4. STAFF RECOMMENDATION: Approve minutes. APPROVE CITY COUNCIL SPECIAL PAGE/MILLER MOVED TO MEETINGMINUTES –JULY 19, 2010. MOTION PASSED 5-0-0. CITY COUNCIL SPECIALMEETING MINUTES –JULY 21, 2010 5. STAFF RECOMMENDATION: 3 Approve minutes. APPROVE CITY COUNCIL SPECIAL PAGE/MILLER MOVED TO MEETINGMINUTES –JULY 21, 2010. MOTION PASSED 5-0-0. CITY COUNCIL MEETINGMINUTES –JULY 21, 2010 6. STAFF RECOMMENDATION: Approve minutes. APPROVE CITY COUNCIL MEETING PAGE/MILLER MOVED TO MINUTES –JULY 21, 2010. MOTION PASSED 5-0-0. REFUNDING THE 2001 GENERAL OBLIGATION BONDS 7. STAFF RECOMMENDATION: Review report and direct staff to issue Request for Qualifications or Request for Proposals (RFQ/RFP) for refunding the 2001 General Obligation (GO) Bonds. DIRECT STAFF TO ISSUE REQUEST FOR PAGE/MILLER MOVED TO QUALIFICATIONS OR REQUEST FOR PROPOSALS (RFQ/RFP) FOR REFUNDING THE 2001 GENERAL OBLIGATION (GO) BONDS. MOTION PASSED 5-0-0. APPROPRIATION OF MATCHING FUNDS FOR GRANT FUNDED 8. PROJECTS STAFF RECOMMENDATION: Approve Budget Resolution for Grant Funded Projects. RESOLUTION NO:10-050 APPROVE BUDGET RESOLUTION FOR PAGE/MILLER MOVED TO GRANT FUNDED PROJECTS. MOTION PASSED 5-0-0. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC 9. COMMITTEE LIAISON ASSIGNMENTS STAFF RECOMMENDATION: Adopt resolution amending Resolution 10-045 appointing Council representativesto Committees, Agencies and Adhoc Committees. RESOLUTION NO:10-051 ADOPT RESOLUTION AMENDING PAGE/MILLER MOVED TO RESOLUTION 10-045 APPOINTING COUNCIL REPRESENTATIVES TO 4 COMMITTEES, AGENCIES AND ADHOC COMMITTEES. MOTION PASSED 5-0-0. PARKER RANCH UPPER TANK TRAIL EASEMENT RELOCATION ON 10. TWO PROPERTIES STAFF RECOMMENDATION: Saratoga Country Club: 1.Accept Offer of Dedication for a Pedestrian and Equestrian Trail Easement on Saratoga Country Club property located at 21990 Prospect Road (APN 366-29-007). 2.Adopt Resolution Accepting Offer of Dedication and Abandonment of the Existing Trail Easement on the same property. Parker Ranch Open Space: 3.Accept Offer of Dedication for a Pedestrian and Equestrian Trail Easement on the Parker Ranch Open Space (Parcel D of Tract 6528). 4.Adopt Resolution Accepting Offer of Dedication and Abandonment of the Existing Trail Easement on the same property. Councilmember Manny Cappello recused himself from discussing and voting on this item due to a conflict of interest. RESOLUTION NO:10-052 Saratoga Country Club 1.ACCEPT OFFER OF DEDICATION FOR A PAGE/MILLER MOVED TO: PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENT ONSARATOGA COUNTRY CLUB PROPERTY LOCATED AT 21990 PROSPECT ROAD (APN 366-29-007); AND 2. ADOPT RESOLUTION ACCEPTING OFFER OF DEDICATION AND ABANDONMENT OF THE EXISTING TRAIL EASEMENT ON THE SAMEPROPERTY. MOTION PASSED 4-0-1WITH CAPPELLO ABSTAINING. RESOLUTION NO:10-053 Parker Ranch Open Space 3.ACCEPT OFFER OF DEDICATION FOR A PAGE/MILLER MOVED TO: PEDESTRIAN AND EQUESTRIAN TRAIL EASEMENTON THE PARKER RANCH OPEN SPACE (PARCEL D OF TRACT 6528); AND 4. ADOPT RESOLUTION ACCEPTING OFFER OF DEDICATION AND ABANDONMENT OF THE EXISTING TRAIL EASEMENT ON THE SAME PROPERTY. MOTION PASSED 4-0-1WITH CAPPELLO ABSTAINING. COOPERATIVE AGREEMENT WITH SCVWD –CALABAZAS CREEK 11. REPAIR AT PADERO COURT STAFF RECOMMENDATION: 5 1. Approve the Cooperative Agreement between the City of Saratoga and the Santa Clara Valley Water District for Stream Bank Erosion and Storm Drain Outfall Repair along Calabazas Creek at Padero Court and authorize the City Manager to execute the same. 2. Approve attached budget resolution. RESOLUTION NO:10-054 1.) APPROVE THE COOPERATIVE PAGE/MILLER MOVED TO AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SANTA CLARA VALLEY WATER DISTRICT FOR STREAM BANK EROSION AND STORM DRAIN OUTFALL REPAIR ALONGCALABAZAS CREEK AT PADERO COURT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AND 2.) APPROVE ATTACHED BUDGET RESOLUTION. MOTION PASSED 5-0-0. PUBLIC HEARINGS ZONING ORDINANCE AMENDMENT TO ARTICLE 11-15 TO PROHIBIT 12. SMOKING IN CITY OF SARATOGA PARKS STAFF RECOMMENDATION: Conduct a public hearing considering proposed amendment to adopt Article 11-15 of the City Code to prohibit smoking in City parks. Close the public hearing, introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. Community Development Director John Livingstonepresented the staff report. Mayor King opened the Public Hearing and invited public comment. The following people requested to speak on thisitem: Janet Ghanem, representative ofBreathe California,applauded the Council for agendizing this item and spoke in support of the proposed ordinance. She noted Breathe California has funding available for signage and offered to help provide signage funding for this program. Lorna Sumaraga,Health Educatorwith the Santa Clara County (SCC) Public Health Department,spoke in support of theproposed ordinance. Victoria Bourdon,representative from SCC Public Health Department,spoke in support of the proposed ordinance. Daniel Garcia, asenior at Fremont High School,spoke in support of theproposed ordinance. No one else requested to speak on this item. 6 Mayor King closed the public hearing. INTRODUCE AND WAIVE THE FIRST PAGE/MILLER MOVED TO READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COUNCIL. MOTION PASSED 5-0-0. OLD BUSINESS EXTENSION OF THE CONDITIONAL USE PERMIT (CUP) 13. REIMBURSEMENT INCENTIVE PROGRAM UP TO JUNE 30, 2011 STAFF RECOMMENDATION: Direct staff on one of the following: 1) End the CUP reimbursement incentive program and allow the three approved businesses to be reimbursed if open by June 30, 2011. 2) Extend the reimbursement incentive program to accommodate a fifth business, if open by June 30, 2011. 3) Extend the CUP reimbursement incentive program to allow conditional use permit fees to be refunded for an additional sixth business if open by June 30, 2011. Rina Shah, Planning Technician, presented the staff report. Mayor King invited public comment. No one requested to speak on this item. EXTEND THE CUP REIMBURSEMENT MILLER/PAGE MOVED TO INCENTIVE PROGRAM TO ALLOW CONDITIONAL USE PERMIT FEES TO BE REFUNDED FOR AN ADDITIONAL SIXTH BUSINESS IF OPEN BY JUNE 30, 2011. MOTION PASSED 5-0-0. DIRECTION TO STAFF: Place this item on the Council Retreat Agenda for additional discussion and to the Agenda Planner for Council discussion in May or June 2011. 8:20PM: At this time Councilmember Miller invited a Prospect High School student from the audience up on stage for recognition and confirmation of student’s attendance as required for a government class assignment. NEW BUSINESS PROPOSED CITY PARTICIPATION IN A WEST VALLEY COLLEGE 14. STUDY OF THE CARLSONHOUSE STAFF RECOMMENDATION: Direct staff accordingly Michael Fossati,Assistant Planner,presented the staff report. 7 Paul Conrado, Heritage Preservation Commissioner, was present to answer questions askedby Council.He noted the Saratoga Rotary would like to be a participant in the exploratory study concerning the future of the Carlson House. Mayor King invited public comment. No one requested tospeak on this item. TO ALLOCATE UP TO $16K FROMCOUNCIL’S PAGE/MILLERMOVED DISCRETIONARY FUND TO PARTICIPATE IN ANEXPLORATORY STUDY CONCERNING THEFUTURE OF THE CARLSON HOUSE CONTINGENT ON THE OTHERSTAKE HOLDERS COMMITMENT. MOTION PASSED 5-0-0. DIRECTION TO STAFF: Schedule a site visit for the City Council prior tobringingthisitem backfor additional Council discussion. Invite Paul Conrado to join the Council at the site visit. ADHOC & AGENCY ASSIGNMENT REPORTS MayorKathleen King –reported: SCC Cities Association Selection Committee–Executive Committee met earlier today. She noted the Committeewill be reviewing the VTA LicenseInitiative at the next meeting as well as addressingsuicide prevention in Palo Alto. She added they are also accepting nominations for three positions on the board that will be available at the end of 2010. West Valley Mayors and Managers Association–She noted members of the Association were very impressed with the Saratoga restaurants that theyvisited and dinedinthis year. Vice MayorJill Hunter –reported: Tree Adhoc-She and Councilmember Cappellohave been meeting with City Arborist Kate Bear regarding saving Heritage Trees. Councilmember Howard Miller–reported: Council Finance Committee –met earlierthis evening and they discussed Item No. 7 on this evening’s agenda –2001 General Obligation Bonds. Councilmember Chuck Page–reported: West Valley SanitationDistrict–that he attended the last meeting.Henoted at the next meeting they will be discussingthe stipend that the Sanitation Commissionreceives. Councilmember Manny Cappello–reported: Chamber of Commerce–is organizing aforum to discussMeasure Qscheduledon September 29. Santa Clara County Emergency Council–The Emergency Council has been doing a significant amount of emergency preparednessbetween the cities in the County.Citizens can go to www.alertscc.comfor more informationonthis topic and to sign up for notification of emergencies inthe County or in specific cities within the County. 8 Councilmember Cappello announced that the family of Susie Nagpalis conducting a 5K and 10K run/walk fundraiser in honor of Susie Nagpal on Saturday, September 18, 2010. The monies raised will be donated to the Bonnie J. Addario Lung Cancer Foundation. th Interested participants thatsign up before the 10of September will be given a free t- shirt. CITY COUNCIL ITEMS Councilmember Millerrecommended agendizing for discussion CUP funding and business descriptions at the January 2011 City Council Retreat. Mayor King noted she would like to schedule theFull Circle Farms representativefor a . presentation at a future Council meeting CITY MANAGER’S REPORT None ADJOURNMENT Mayor King announced there was no additional business for the Regular Meeting and stated Council and City Manager Dave Anderson would be proceeding to the Administrative Conference Room immediately after the Regular meeting to continue with scheduled Closed Session items. There being no additional business, Mayor King asked for a motion to adjournthe Regular Meeting. ADJOURN THE REGULAR MEETING AT 9:00PM PAGE/MILLERMOVED TO AND PROCEED TO THE ADMINISTRATIVE CONFERENCE ROOM TO CONTINUE DISCUSSION OF CLOSED SESSION ITEMS. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 9 SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: October6,2010 DEPARTMENT:CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan,City Clerk Dave Anderson SUBJECT:City CouncilRegularMeetingMinutes–September 15,2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the September 15,2010,City CouncilRegularMeeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A –MinutesfromtheSeptember 15,2010City CouncilRegularMeeting. MINUTES SARATOGA REGULAR CITY COUNCILMEETING SEPTEMBER 15, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION CONFERENCE -REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN 503-24-016] Agency Negotiator: Dave Anderson, City Manager. CONFERENCE -REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN389-29-007] Agency Negotiator: Dave Anderson, City Manager. MAYOR’S REPORT ON CLOSED SESSION Mayor King stated there was no reportable information from theClosed Session. The City Council held a Joint Meeting with Assemblymember Jim Beall in the Administrative Conference Room at 6:00 p.m. Mayor King called the Regular City Council meeting to order at 7:00 p.m.and stated this evening’s meeting would be dedicated to the memory of Public Works Director John Cherbone’s mother, who passed away on September 9, 2010. Mayor King asked Jim Beallto lead the Pledge of Allegiance. ROLL CALL : PRESENTCouncilmembers Manny Cappello, Howard Miller, Vice Mayor Jill Hunter and Mayor Kathleen King ABSENT:Chuck Page ALSODave Anderson, City Manager PRESENT:Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Iveta Harvancik,ActingPublic Works Director John Livingstone, Community Development Director Cynthia McCormick, Assistant Planner REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ann Sullivanreported that pursuant to Government Code 54954.2, the agenda for themeeting of September 15, 2010 was properly posted on September 10, 2010. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Council met with Assemblymember Jim Beallin a Joint Meeting at 6:00 p.m. prior to the Regular meeting. Mr. Beall provided a short synopsis of his meeting with the City Council.Mr. Beall spoke about the Tax Equity Allocation (TEA) funds, notingthat Saratoga is one of only four cities in the State of California that receivesless than 7 percentof the property tax collected in the City. He added he is working on a Legislative solution that would help increase the collected property taxes to be equal to all the other cities in the State. Mayor King thanked Assembly memberBeall forallthat he has done forthe City of Saratoga while he was a member of the Santa Clara County Board of Supervisors and now as the community’selected Assembly member. COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS LindaRodgers,Saratogaresident,and member of the El Camino Hospital Foundation Board, provided the Council with an update on the newly opened El Camino Hospital in Los Gatos.She noted the hospitalrecently opened the RehabilitationCenteron Dardanelli Lane located near the main hospital. She invited the Council and the public to an open housereception at the Center on Wednesday, September 22, 2010from5:30 to 7:30 p.m. Emily Lo addressed the Councilregardingthe Chamber-sponsored two day Art and Wine Festival onSeptember 25 and 26, 2010from 10:00 a.m. to 6:00 p.m. and invited everyone to participate in the festivities. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Cappello invited everyone to participate in the“Stride for Susie Nagpal” 5 or 10K walk/run fund raiser event on Sunday, September 19, 2010. The event starts at 8:00 a.m. with a celebration from 10:00 to 11:00 a.m. in downtown Saratoga. All monies raised will go towards cancer research. Councilmember Miller noted that due to a prior commitment he would be leaving early this evening. Vice Mayor Hunter noted the Saratoga Historic Foundation is having their annual fundraiser dinner at the GarrodRanchon September 19, 2010at 4:00 p.m. She noted there will be a fantastic silent auction and all proceeds will go totheHistoric Museum. CEREMONIAL ITEMS 1.RECOGNITION OF MOVE-IT SARATOGA PARTICIPANTS 2 STAFF RECOMMENDATION: Recognize MOVE-IT Saratoga participants and present them with certificates of completion. SPECIAL PRESENTATIONS None CONSENT CALENDAR REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS 2. STAFF RECOMMENDATION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: July 15, 2010; July 23, 2010; August 5, 2010; August 13, 2010; August 16, 2010; August 19, 2010; August 31, 2010 and September 1, 2010 TO ACCEPT THE CHECK REGISTERS FOR MILLER/HUNTER MOVED THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: JULY 15, 2010; JULY 23, 2010; AUGUST 5, 2010; AUGUST 13, 2010; AUGUST 16, 2010; AUGUST 19, 2010; AUGUST31, 2010 AND SEPTEMBER 1, 2010. MOTION PASSED 4-0-1 WITH COUNCILMEMBERPAGE ABSENT. TREASURER'S REPORT FOR THE MONTH ENDED JUNE 30, 2010 3. STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended June 30, 2010. ACCEPT THE TREASURER’S REPORT FOR MILLER/HUNTER MOVED TO THE MONTH ENDED JUNE30, 2010. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. ADOPT RESOLUTION AMENDING THE CITY OF SARATOGA’S 4. CONFLICT OF INTERESTCODE . STAFF RECOMMENDATION: Accept report and adopt attached Resolution. RESOLUTION NO.10-055 ADOPT RESOLUTIONAMENDING THE MILLER/HUNTER MOVED TO CITY OF SARATOGA’S CONFLICT OF INTEREST CODE. MOTION PASSED 4-0-1 WITH COUNCILMEMBERPAGE ABSENT. ADOPT ZONING ORDINANCE AMENDMENT TO ARTICLE 11-15 TO 5. PROHIBIT SMOKING IN CITY OF SARATOGA PARKS STAFF RECOMMENDATION: 3 Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Smoking in City of Saratoga Parks. ORDINANCE NO.280 TO WAIVE THE SECOND READING AND MILLER/HUNTER MOVED ADOPT THE ORDINANCE AMENDING THE ZONING REGULATIONS RELATED TO SMOKING IN CITY OF SARATOGA PARKS. MOTION PASSED 4-0-1 WITH COUNCILMEMBERPAGE ABSENT. FY 2010 –2011CDBG COUNTY/CITY CONTRACT 6. STAFF RECOMMENDATION: Adopt a Resolution authorizing the City Manager to execute a $485,874.22 contract with Santa Clara County for the FY 2010-2011 CDBG Program. Mayor King removed this item for clarification. Sheraised the issue regarding the Carry-Over (Unused Funds) Projects from Prior Years and recommended Council look at this item to see if they should reconsider how they use this funding or find a way to carry the unused funds forward. Cynthia McCormick noted the majority of the unused funds arein the ADA Projects and those funds areexpected to be spentby the end of this year. With regard to the two SHARP funds, the County recommended the Citytransfer thesefunds to the County. Ms McCormick stated Saratoga residents wouldcontinue tohave access to these funds and the unincorporated areas in Saratoga would alsohave access to these funds.She added if Council agreed with the County’s recommendation to transfer the funds to the County, her recommendation would be that Council authorizethe City Manager to senda letter to the Santa Clara County Board of Supervisors authorizing the transfer of funds from the two SHARP programsto the County. RESOLUTION NO.10-056 1) ADOPT A RESOLUTION AUTHORIZING KING/HUNTER MOVEDTO THE CITY MANAGER TO EXECUTE A $485,874.22 CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2010-2011 CDBG PROGRAM; AND 2) AUTHORIZE THE CITY MANAGER TO SEND A LETTER TO THE SANTA CLARA COUNTY BOARD OF SUPERVISORS OFFERING THE TRANSFER OF FUNDS FROM THE TWO SHARP PROGRAMS (2004 AND 2005) TO THE COUNTY. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. RELEASE OF DEFERRED IMPROVEMENT AGREEMENT 7. STAFF RECOMMENDATION: Move to adopt the Resolution of Satisfaction and Release of Deferred Improvement Agreement between the City of Saratoga and Dr. Gregory T. Fox and Sisters of Notre Dame De Namur, California Province, Incorporated. RESOLUTION NO.10-057 4 ADOPT THE RESOLUTIONOF KING/HUNTER MOVED TO SATISFACTION AND RELEASE OF DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITYOF SARATOGA AND DR. GREGORY T. FOX AND SISTERS OF NOTRE DAME DE NAMUR, CALIFORNIA PROVINCE, INCORPORATED. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. PROPOSITION 116 CERTIFICATION 8. STAFF RECOMMENDATION: Move to adopt the Resolution certifying that no additional state funding shall be requested associated with hazardous waste removal as part of construction of the Highway 9 Safety Improvement Project, Phase III. RESOLUTION NO.10-058 Mayor King removed thisitem for clarification. ADOPT THE RESOLUTIONCERTIFYING KING/MILLERMOVED TO THAT NO ADDITIONAL STATE FUNDING SHALL BE REQUESTED ASSOCIATED WITH HAZARDOUS WASTE REMOVAL AS PART OF CONSTRUCTION OF THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT, PHASE III. MOTION PASSED 4-0-1 WITH COUNCILMEMBER PAGE ABSENT. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS None At 7:25p.m.Mayor King invited 10high school students up on stage to be recognized for their high school classroom assignment. ADHOC & AGENCY ASSIGNMENT REPORTS MayorKathleen King –reported: Hakone Foundation Executive Committee–The Smithsonian Institute and Autumn Opera events were a great success. Executive Director Lon Saavedra was present and thanked the Mayorand Councilfor theirsupportofthe Hakone Foundation.He also noted the September Executive Board meeting has been moved to October due to the unavailability of severalof theBoard members in September. SCC Cities Association Selection Committee–She attended the last meeting and Marty Fenstersheib addressed the group regardingthe $6.9 million dollar tobacco grant the County received. This grant can only be usedfor creating policiesand programsto 5 reduce the use of tobacco. Each city in the County would be allocated funds from this grant to implement no smoking programs and adopt ordinances restricting the use of tobacco. West Valley Mayors and Managers Association–A representative from Santa Clara County will be attending the next scheduled meetingto speak to the group regarding the $6.9 million anti-tobacco grant the County received and the allocation of funds to cities for implementingno smoking policies in their respective communities. Vice MayorJill Hunter –reported: Historical Foundation–Attended the meeting last week and they discussed the annual fundraiser dinner and silent auction scheduled on September 19, 2010at 4:00 p.m.at the GarrodRanch. The Foundation Board membersare also making plans for the grand opening of theirnewly landscapedpark on October 3, 2010. Councilmember Howard Miller–noted that he would provide committee reports at the next Council meeting. Councilmember Chuck Page–Absent Councilmember Manny Cappello–reported: Chamber of Commerce–Met last week and they discussed new memberships, the Chamber’s financial status, and a possible 2010 Council Candidate Forum to discuss Measure Q. Sister City Liaison–Attended the last meeting and had nothing to report. CITY COUNCIL ITEMS None CITY MANAGER’S REPORT City Manager Dave Anderson noted he will be on vacation from Thursday,September th 16through September 26, 2010and Barbara Powell will be Acting City Manager during his absence. ADJOURNMENT There being no additional business, Mayor Kingasked for a motion to adjourn. MOVED TO ADJOURN THE REGULAR MEETING AT CAPPELLO/HUNTER 7:35PM. MOTION PASSED 3-1-1WITH COUNCILMEMBERS MILLERAND PAGE ABSENT.[Councilmember Millerleft the Dais at 7:30PM.] Respectfully submitted, 6 Ann Sullivan, CMC City Clerk 7 SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: October6,2010 DEPARTMENT:CITY MANAGER: City Manager’s OfficeDave Anderson PREPARED BY:DIRECTOR: Ann Sullivan,City Clerk Dave Anderson SUBJECT:City Council& Saratoga Area Senior Coordinating Council (SASCC) JointMeetingMinutes–September 23,2010 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the September 23,2010,Joint Meeting with City Counciland Saratoga AreaSenior Coordinating Council. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A –MinutesfromtheSeptember 23,2010JointMeeting. MINUTES CITY COUNCIL/SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) JOINT MEETING SEPTEMBER 23, 2010 Mayor Kingcalled the Joint meeting with Saratoga Area Senior Coordinating Council toorder at12:00 Noon. ROLL CALL PRESENT:Councilmembers: Manny Cappello, Howard Miller, Chuck Page, Vice Mayor Jill Hunter,and Mayor Kathleen King SASCC Board Members: Dick Angus, Ann Waltonsmith, Marcia Hansen, Ashima Sharkay, Katherine Schwda, Steve Wong, and Susan Huff, SASCC Executive Director ALSO Barbara Powell,ActingCity Manager PRESENT:Michael Taylor, Recreation and Facilities Director Ann Sullivan,City Clerk REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 23, 2010 Ann Sullivan,City Clerk, reported thatpursuant to Government Code Section 54954.2, the agenda for the meeting ofSeptember 23, 2010, was properly posted onSeptember 16, 2010. ORAL COMMUNICATIONS FROM PUBLIC No one requested to speak at this meeting. COUNCIL DIRECTION TO STAFF None JOINT MEETINGAGENDAITEM: 1.Joint Meeting with Saratoga Area Senior Coordinating Council (SASCC). Recommended Action: Informational only. Members of the Saratoga Area Senior Coordinating Council (SASCC) met with the City Council to discuss SASCC’s annual budget and their projected income for the next Fiscal Year. Councilmembers have expressed concerns regarding SASCC’s financial stability. Members of the SASCC Board presented their financial report.Theyspoke about their efforts to acquire available grants, implement fund raisers, and increase their membership.They added if Council were to give them another matching grant, they would possibly break evennext year.They concluded by noting they were doing all they could to increase their revenuenumbers. Councilmembers expressed theirdisappointment that theGrants, Donations, Fees line in the Revenue column of the financial report did not reflect the $30,000 matching grant funds that SASCC received from Council in May 2010. COUNCIL DISCUSSION: Council members noted SASCC is experiencing financial difficulties and must find a way to live on their proceeds as opposed to using the principal from their endowmentto sustain their programs. Mayor King: Concerned that SASCC may end up depleting their endowment in order to make ends meet. o City would have to consider resuming the programs offered by SASCC. o Councilmember Cappello: Would like to see a proposed budget for next year(2011/12) that outlinesspecific cuts and/or o programson the expense side in orderto deliver a balanced budget. Balance the budget without the assumption of a grantfrom the City. o Don’t assume income from other grantsor businesses. o Look at this endeavor in terms ofa “business”. o Councilmember Miller: Agrees with everything Councilmember Cappello noted and recommended SASCC work with o projectednumbers for each service provided and the necessary steps to reach a balanced budget. Look at what theyare doing that is working for themnow and see what theyhave to do in other o areas to break even. Councilmember Page: Double your efforts to generate more revenue. o Seriously consider programs that you can discontinue. o Outline the services SASCC is going to provide, determine how you will provide those services o and how much it will cost, determine the needs of the community, and create a balanced budget based on those concepts. 2 Vice Mayor Hunter: The community is there to provide services for the children in the community. o The community should be there to provide services for their senior citizens. o Noted she appreciates the services SASCC provides to the community. o Mayor King noted she would have to leave the Joint Meeting at 1:15 p.m. due to a prior commitment and noted Vice Mayor Hunter would be conducting the remainder of the Joint Meeting. DIRECTION TO SASCC: Revisit the programs offered in the Senior Center and Adult Care Center,create a sustainable program, andprovide the Councilwith a balanced budgetfor 2011/12that does not include funding from potential grants, including a challenge grant from the City Council. Council noted they would continue to be supportive of SASCC and if Council agreed to matching grants in the future they would be more definitive on what they expect from SASCC regarding those grant dollars. There being no additional business, Vice Mayor Hunter asked for a motion to adjourn. ADJOURN THE JOINT MEETING AT 1:25PM. PAGE/MILLER MOVED TO MOTION PASSED 4-0-1 WITH MAYOR KING ABSENT AT 1:15PM. Respectfully submitted by: Ann Sullivan, CMC City Clerk 3 SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: October 6, 2010 DEPARTMENT: CITY MANAGER: Finance & Administrative Services Dave Anderson PREPARED BY:DEPT HEAD: Ann Xu, AccountantMary Furey SUBJECT: Treasurer’s Report for the Month Ended July 31, 2010 RECOMMENDED ACTION Review and accept the Treasurer’s Report for the month ended July 31, 2010. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004 . Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from st the State Treasurer’s Office of Quarterly LAIF rates from the 1 Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of July 31, 2010, the City had $260,763 in cash deposit at Comerica bank, and $14,719,194 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of July 31, 2010 is $14,979,957 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank260,763$ Deposit with LAIF14,719,194$ Total Unrestricted Cash14,979,957$ The Fund Balance schedule presented on the following page represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash14,979,957$ Plus: Assets403,735 Less: Liabilities (1,200,713) Ending Fund Balance14,$ 182,979 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Change in Total Fund Balances by Fund B – Change in Total Fund Balances by CIP Project C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates ATTACHMENT A CHANGES IN TOTAL FUND BALANCE Fund Increase/ Fund Balance (Decrease) Current Current Balance Fund Description7/1/10 Jul Revenue Expenditure Transfers 7/31/10 General Undesignated Unreserved Balance1,411,349 - 347,475 918,235 - 840,589 Reserved Fund Balance: Petty Cash Reserve1,300 - - - - 1,300 Designated Fund Balances: Designated for Operations 2,889,077 - - - - 2,889,077 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 632,380 - - - - 632,380 Designated for Environmental 563,182 - - - - 563,182 Designated for Uncollected Deposits44,791 - - - - 44,791 Designated for Hillside Reserve300,000 - - - - 300,000 Designated for CIP Matching Grant600,000 - - - - 600,000 Designated for Carryforward68,600 - - - - 68,600 Special Revenue Landscape/Lighting Districts440,391 - - 40,481 - 399,910 CDBG Federal Grants(9,621) - - - - (9,621) SHARP Loan210,034 - - - - 210,034 Capital Project Street Projects2,169,661 - 33,270 12,035 - 2,190,895 Park and Trail Projects653,881 - - - - 653,881 Facility Improvement Projects525,256 - 5,290 - - 530,546 Administrative Projects224,773 - - - - 224,773 Tree Fine Fund16,985 - - - - 16,985 CIP Grant Fund - Street Repair(136,390) - - - - (136,390) CIP Grant Fund - Park & Trail(46,013) - - - - (46,013) Gas Tax Fund279,470 - 24,978 - - 304,448 Debt Service Library Bond 892,593 - - 686,828 205,765 Internal Service Fund Liability/Risk Management244,562 - 50,000 3,254 - 291,307 Workers Compensation198,592 - 53,750 1,400 - 250,942 Office Stores Fund26,830 - 7,500 1,423 - 32,907 Information Technology Services 213,940 - 100,000 45,245 - 268,695 Equipment Maintenance54,258 - 50,000 15,677 - 88,581 Building Maintenance202,570 - 181,437 40,207 - 343,799 Equipment Replacement236,229 - 25,000 - - 261,229 12,500 - - 199,186 Technology Replacement186,686 - Trust/Agency Library Fund351,360 - - - - 351,360 KSAR - Community Access TV109,842 - - - - 109,842 Total City15,056,567 - 891,200 1,764,786 - 14,182,979 ATTACHMENT B FUND BALANCES BY CIP PROJECT Fund Increase/ Fund Balance (Decrease) Current Current Balance CIP Funds/Projects6/30/10 Jul Revenue Expenditure Transfers 7/31/10 Street Projects Traffic Safety168,497 - - - 168,497 Highway 9 Safety Project50,008 - - - 50,008 Annual Street Resurfacing Project529,434 - 33,270 12,035 550,668 Sidewalks Annual Project87,092 - - - 87,092 Saratoga Sunnyvale Road Resurfacing99,011 - - - 99,011 Traffic Signal @ Verde Vista Lane90,000 - - - 90,000 Fourth Street Bridge100,000 - - - 100,000 Quito Road Bridge Replacement Design9,730 - - - 9,730 Quito Road Bridge Construction214,470 - - - 214,470 Village Façade Program978 - - - 978 Solar Power Radar Feedback Signs24,158 - - - 24,158 El Quito Area Curb Replacement37,553 - - - 37,553 Sobey Road Culvert Repair50,000 - - - 50,000 Annual Storm Drain Upgrade53,883 - - - 53,883 Village Trees & Lights at Sidestreets25,336 - - - 25,336 Prospect Road Median51,663 - - - 51,663 City Entrance Sign/Monument23,788 - - - 23,788 Village-Streetscape Impv 549,952 - - - 549,952 Saratoga-Sunnyvale/Gateway Sidewalk4,107 - - - 4,107 Total Street Projects2,169,661 - 33,270 12,035 - 2,190,895 Parks & Trails Hakone Garden Koi Pond15,600 - - - 15,600 EL Quito Park Improvements27,571 - - - 27,571 Historical Park Landscape50,588 - - - 50,588 Hakone Garden Retaining Wall & D/W142,829 - - - 142,829 Hakone Garden Upper Moon House 125,000 - - - 125,000 West Valley Soccer Field(8,201) - - - (8,201) Park/Trail Repairs23,762 - - - 23,762 Tank Trail Repair26,731 - - - 26,731 Mid Pen O/S Land Purchase250,000 - - - 250,000 Total Parks & Trails653,881 - - - - 653,881 Facility Improvements Facility Projects88,644 - - - 88,644 Civic Center Improvement19 - - - 19 Theater Improvement71,474 - 5,290 - 76,764 North Campus Improvements3,920 - - - 3,920 HVAC System Upgrade117,949 - - - 117,949 Corp Yard Solar Project93,250 - - - 93,250 Vehicle Structure Solar125,000 - - - 125,000 Library - EXT Improvement15,000 - - - 15,000 McWilliams House Improvement10,000 - - - 10,000 Total Facility Improvements525,256 - 5,290 - - 530,546 Administrative Projects Financial System Upgrade3,534 - - - 3,534 Document Imaging Project85,183 - - - 85,183 CDD Document Imaging Project40,876 - - - 40,876 Telecommunication System55,000 - - - 55,000 IT Emergency Power Back40,180 - - - 40,180 Total Administrative Projects224,773 - - - - 224,773 Tree Fine Fund Tree Fine Fund16,985 - - - 16,985 CIP Fund - Street Repair CIP Grant Fund(136,390) - - - (136,390) CIP Fund - Park & Trail CIP Grant Fund(46,013) - - - (46,013) Gax Fund Gas Tax Fund279,470 - 24,978 - 304,448 Total CIP Funds3,687,624 - 63,538 12,035 - 3,739,123 ATTACHMENT C SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: October 6, 2010 DEPARTMENT:CITY MANAGER: Finance & Administrative ServicesDave Anderson PREPARED BY:DEPT. DIRECTOR: Melanie WhittakerMary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: September 9, 2010 September 16, 2010 September 24, 2010 REPORT SUMMARY: Attached are the Check Registers for: Prior Check Register Starting Ending Check Total Checks Ending DateCheck No. Type of ChecksDateCheck No.No.ChecksAmountReleased Accounts Payable 09/09/10116069116132631,197,985.0909/09/1009/01/10116068 Accounts Payable 09/16/1011613311620471267,408.5509/16/1009/09/10116132 Accounts Payable 09/24/1011620511624136412,213.7009/24/1009/16/10116204 The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure: AP DateCheck No. Issued toFundDept.PurposeAmount Facilities 09/09/10116073CIM Air, IncCIP - Facility ProjectHVAC Upgrade 118,029.20 Public Works 09/09/10116081Duran & VenablesCIP - Streets ProjectStreet Resurfacing 80,340.00 SCC - Office of the Law Enforcement - Public Safety 09/09/10116110SheriffGeneralJuly & August 2010 708,858.00 Public Works 09/09/10116112O'Grady PavingCIP Streets - Grant FundSaratoga Ave - Overlay 138,067.63 Saratoga Ave - Public Works 09/16/10116155G Bortolotto & CoCIP Streets - Grant FundResurfacing Project 134,062.54 Public Works 09/16/10116199WV Sanitation DeptGeneralClean Water Program 28,918.18 SCC - Office of the Law Enforcement - Public Safety 09/24/10116226SheriffGeneralSeptember 2010 354,429.00 The following are Accounts Payable checks that were voided or manually issued: AP DateCheck No. Issued toDescriptionAmount 09/09/10n/a- 09/16/10n/a- 09/24/10116148Columbia ElectricVoid - Reissue (4,995.00) The following is a list of cash reduction by fund: Fund #Fund DescriptionAP 09/09AP 09/16AP 09/24Total 111General 808,806.41 91,000.25 373,261.63 1,273,068.29 241Arroyo de Saratoga Landscape 85.00 85.00 242Bonnet Way Landscape 135.00 135.00 243Carnelian Glen 135.00 135.00 244Cunningham/Glasgow Landscape 150.00 150.00 245Fredericksburg Landscape 132.00 132.00 246Greenbriar Landscape 406.00 376.75 175.00 957.75 247Kerwin Ranch Landscape 311.00 311.00 248Leutar Court Landscape 85.00 85.00 249Manor Drive Landscape 160.00 160.00 251McCartysville Landscape 180.00 180.00 252Prides Crossing Landscape 448.00 1,255.00 1,703.00 253Saratoga Legends Landscape 158.00 164.21 322.21 254Sunland Park Landscape 203.00 2,280.00 2,483.00 255Tricia Woods Landscape 45.00 45.00 271Beauchamps Landscape 85.00 85.00 272Bellgrove Landscape 1,598.00 49.94 2,400.00 4,047.94 273Gateway Landscape 203.00 203.00 274Horseshoe Landscape/Lighting 640.00 640.00 275Quito Lighting 165.00 165.00 276Tollgate LLD 90.00 90.00 277Village Commercial Landscape 2,648.00 2,648.00 411CIP Street Projects 103,016.43 9,033.96 7,344.66 119,395.05 413CIP Facility Projects 130,995.78 1,874.51 7,565.13 140,435.42 414CIP Admin Projects 354.12 354.12 431Grant Fund - CIP Streets 139,067.63 138,565.53 3,285.75 280,918.91 432Grant Fund - Parks & Trails 1,000.00 1,000.00 611Liability/Risk Mgt 8,632.02 200.00 8,832.02 612Workers' Comp 136.34 926.61 141.99 1,204.94 621Office Stores Fund 1,413.00 76.24 1,700.90 3,190.14 622Information Technology 7,657.06 6,452.67 14,109.73 623Vehicle & Equipment Maint 3,507.51 3,686.51 7,194.02 624Building Maintenance 2,979.99 2,965.11 4,890.39 10,835.49 632IT Equipment Replacement 144.85 2,161.46 2,306.31 TOTAL 1,197,985.09 267,408.55 412,213.70 1,877,607.34 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: October 6, 2010 DEPARTMENT: CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: John Livingstone, AICPJohn Livingstone, AICP SUBJECT:Ordinance AdoptingArticle 7-36to Prohibit Smoking Outdoors in the City of Saratogaand Making Conforming Amendments to Articles 7-35 and 11-15 RECOMMENDED ACTION: Conducta public hearing to consider adopting a newArticle 7-36of the City Code to prohibit smoking in outdoor areasand amending Articles 7-35 and 11-15 to clarify the scope of each of those Articlesin relation to the new Article.Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. REPORT SUMMARY: The City of Saratoga Mayor Kathleen King hasrequested thisitem be placed on the City Council agenda to prohibit smoking in outdoor areas of the City of Saratoga. DISCUSSION: The City of Saratoga currently regulates tobacco in several ways. In the mid-nineties, the City adopted Article 7-35 of the Code of Ordinances, whichprohibits smoking in specified enclosed areas. Last year, the City addedsection 15-80.130to the zoning code to require use permits for tobacco retailers.In September, 2010 the Council adopted Article 11-15 to prohibit smoking and tobacco use in publicly owned recreational areas, including City-owned parks. Existing state law(Health & Safety Code §104495)prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions. State law alsoprohibits smoking within 20 feet of entryways and operable windows of government buildings (Govt. Code §7597).The state smoke-free workplace law prohibits smoking of tobacco products in enclosed places of employment, with some limited exceptions. (Labor Code § 6404.5.) The proposed ordinance would not overlap with this law because it would apply only to unenclosed places, including, for example, outdoor dining areas. The reasonable distance requirement of the proposed ordinance would further increase the protections afforded to employees, by prohibiting smoking 1 within 25 feet of any doorway, window, opening, crack, or vent of an enclosed place of employment in which smoking is prohibited. The proposed ordinance(Attachment 1)would expand these restrictions to include outdoor areas not covered by State law or Articles 7-35 and 11-15of the City’s Code of Ordinances, including privately-owned recreational areas, service areas(such as outdoor ATMs), dining areas, places of employment, common areasin multi-unit residences, and other public places, including streets and sidewalks. Tosimplify drafting, staff has not attemptedto integrate the proposed ordinance with existing Articles 7-35 and 11-15.Instead, the proposed ordinanceincludes minor conforming amendments to clarify the scope of coverage of each ordinance. The City intends that the definitions included in the proposed ordinance shall apply to this ordinance only, and not to Articles 7-35 or 11-15, or to any other Article in the Code of Ordinances. Public Health Law & Policy (“PHLP”)has prepared a model ordinance restricting smoking in outdoor areas for use by jurisdictions that wish to prohibit smoking that is not covered by Stateregulations.The proposed ordinance is based on the PHLP model. The PHLP full model ordinance in included as Attachment 2and includesannotations explaining the findings and policy options included in the ordinance. In general, staff has included all of the options proposed by the PHLP model ordinance, with the following exceptions: With respect to common areasof multi-unit residences,staff has not included the alternate definition of “common area,” which would include enclosed areas as well as unenclosed areas. As explained by PHLP, smoking in many of these enclosed common areas may already be prohibited by the state smokefree workplace law. With respect to other public places,the proposed ordinance prohibits smoking in all unenclosed areas of public places at all times, including on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares. With respect to enforcement, based on prior Council direction on the Tobacco Retailer Ordinance, staff chose not to create a private right of enforcement thus limiting enforcement methods to the traditional methods used to enforce the Tobacco Retailer Ordinance and the No Smoking in Parks Ordinance, including criminal enforcement as an infraction and civil and administrative actions brought by the City. The proposed ordinance authorizes a person with legal control over a common area of a multi-unit residence to establish a designated smoking area in an unenclosed area if certain conditions are met. As explained by PHLP, this allows residents to have a place to go where they will not expose their family members or other residents to smoke. 2 Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). FISCAL IMPACTS: The ordinance requires the Community Development Department to provide education to explain and clarify the ordinance and to provide guidance regarding enforcement. Staff is applying for a grant that may assist with some of thesecosts; however, if funds are not available, staff will propose a budgetfor these activities. In addition, signs willneed to be placed in City-owned unenclosed areas covered by the ordinance. The Public Works Department has funding available for signs already in their budget. ALTERNATIVES: Provide staff with alternative direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Smoking in outdoor areaswould be allowedto the extent consistent with existing State andlocal law. FOLLOW UP ACTION: Place the ordinance on the consent calendar for adoption at the October 20, 2010 meeting of the City Council. Recommend the Administrative Services Director incorporate the new policy and associated citation fees into the budget and fees schedule. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: 1.Proposed Ordinanceto Prohibit Smoking in Outdoor Areas in Saratoga 2.Public Health Law & Policy, Smokefree Outdoor Areas Ordinance, A Model California Ordinance Regulating Smoking in Outdoor Areas (with Annotations) (June 2009) 3.Fast Facts Handout from the Center of Disease Control 3 ORDINANCE __________ An Ordinance To Regulate Smoking and Tobacco Product Use in Outdoor Places Findings WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: Tobacco-relatedillness is the leading cause of preventable death in the United States, accounting for about 443,000 deaths each year; and Scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, and mouth; and Some of the most common types of cancers includingstomach, liver, uterine cervix, and kidneyare related to tobacco use; and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke; and The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive andindustrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure; and The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm; and Whereasexposure to secondhand smoke causes death and disease,as evidenced by the following: Secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers each year in the United States; and Exposure to secondhand smoke increases the risk of coronary heart disease by approximately thirty percent; and Secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under the age of 18 months each year; and exacerbates childhood asthma; and WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following: Smokeless tobacco use causes leukoplakia, a disease causing white patches to form in the user’s mouth that can become cancerous; smokeless tobacco products are known to cause lung, larynx, esophageal, and oral cancer and the regular use of snuff doubles the user’s risk of cardiovascular disease and death; and Prolonged use of snus, a form of smokeless tobacco, contributes to high blood pressure, a factor of cardiovascular disease,and to a higher likelihood of suffering a fatal stroke;and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following: The total annual economic burden of smoking in the United States is $193 billion; and From 2001-2004, the average annual health care expenditures attributable to smoking were approximately $96 billion;and The medical and other costs to nonsmokers due to exposure to secondhand smoke were estimated at over $10 billion per year in the United States in 2005; and The total annual cost of smoking in California was estimated at $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and California’s Tobacco Control Program saved the state and its residents $86 billion in health care expenditures between the year of its inception, 1989, and 2004, with savings growing yearly; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the following: Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers; and Irritation from secondhand smoke begins at levels as low as4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from the burning cigarette; and To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two lane road; and Studies on a cruise ship have found that even while cruising at 20 knots and with unlimited air volume, outdoor smoking areas contained carcinogens in nearly the same amounts as inside the ship’s casino where smoking was allowed; and WHEREAS, cigarette butts pose a health threat to young children, as evidenced by the following: In 2004, American poison control centers received nearly 8,000 reports of children poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products; and Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and gagging; and WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following: It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year;and Cigarette butts are often cast onto sidewalksand streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons and ultimately the ocean; and Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to decompose; and WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs, as evidenced by the following: Cities with smokefree laws see an appreciable reduction in hospital admittances for heart attacks in the months and years after such laws are passed; and Smoking bans help people reduce the number of cigarettes they smoke or quit altogether; and Strong smoking regulations for restaurants decrease the number of children who transition from experimenting with smoking to becoming actual smokers; and WHEREAS, creating smokefree areas helps protect the health of the 86.7% of Californians who are nonsmokers; and WHEREAS, society is becoming less tolerant and less accepting of cigarette smoking, as evidenced by the following, A 2008 survey of California voters found that 75% thought that secondhand smoke is harmful, 64% were bothered by secondhand smoke, and 73% support laws restricting smoking in outdoor public places; and People living in cities with strong smokefree air laws are more likely to believe smoking is not acceptable and that smokers should attempt to quit smoking; and As of 2008, there are 187 California cities and counties with local laws restricting smoking in at least one outdoor area; and WHEREAS, state law prohibits smoking within25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions; and state law prohibits smoking within 20 feet of entryways and operable windows of government buildings; and WHEREAS, there is no Constitutional right to smoke; and WHEREAS, the City Council of the City of Saratoga held a duly noticed public hearing on October 6, 2010 and after considering all testimony and written materials provided in connection with that hearing introduced this ordinanceand subsequently adopted this ordinanceon October 20, 2010. NOW THEREFORE, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco usearound non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking and tobacco usewith a healthy lifestyle; and by affirming and promoting a healthy environment in and around the City’s outdoor places. Therefore, the City Council hereby ordains as follows: Section 1. Adoption . A.Article 7-36of the Saratoga City Code is hereby adoptedwith the text shown in Exhibit A. B.Article 7-35 of the Saratoga City Code is hereby amended as follows (text shown in bold example underline () is added and text shown in strikeout (example) is deleted): 7-35.010-Findings and purposes of Article. The City Council finds and determines that there is an overwhelming body of evidenceindicating the adverse effects of tobacco smoke on the health and physical comfort of people.The purposes of this Article are to protect the public enclosed health and welfare by prohibiting orregulating smoking in certain placesand to strike a reasonable balance between theneeds of persons who smoke and the needs of nonsmokers to breathe smoke-free air, andto recognize that where these needs conflict, the need to breathe smoke-free air shall have This Article shall apply only to smoking in enclosed places as priority. defined in this Article. Smoking in outdoor places is regulated by Article 7- 36 and 11-15 of this Code. C.Article 11-15 of the Saratoga City Code is hereby amended as follows (text shown in example bold underline () is added and text shown in strikeout (example) is deleted): Sec. 11-15.20 SMOKING AND TOBACCO USE PROHIBITED (a) Smoking or using a Tobacco Product is prohibited anywhere in a Recreational Area or in any Parking Area. (b) Nothing in this article shall be construed to prohibit Smoking or Tobacco Product use in any area in which such Smoking or Tobacco Product use is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. (c) This Article shall apply only to smoking in a Recreational Area as defined by this Article. Smoking in other outdooror unenclosedareas is regulated by Article 7-36 of this Code. Smoking in enclosed places is regulated by Article 7-35 of this Code. Section 2. Severance Clause. It is the intent of the City Council of the City of Saratoga to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinanceshall be construed consistently with that intention. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment). Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and first reading waived at the regular meeting of the City Council of the City of Saratoga held on October 6, 2010, and was adopted by the following vote following a secondreading on October 20, 2010: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: ______________________________________________________________ Kathleen King,Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY Exhibit A ARTICLE 7-35-SMOKING AND TOBACCO PRODUCT USE IN OUTDOOR PLACES Sec. 7-36.010.DEFINITIONS. The following words and phrases, whenever used in this article shall have the meanings defined in this section unless the context clearly requires otherwise: (a)“Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes. (b) “Common Area” means every Unenclosed Area of a Multi-Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas. (c)“Dining Area” means any area, including streets and sidewalks, which is available to or customarily used by the general public or an Employee, and which is designed, established, or regularly used for consuming food or drink. (d)“Employee” means any Person who is employed or retained as an independent contractor by any Employer or Nonprofit Entity in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer or Nonprofit Entity. (e) “Employer” means any Business or Nonprofit Entity thatretains the service of one or more Employees. (f)“Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: (1)any type of overhead cover whether or not that cover includes vents or other openings and at least three (3)walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or (2)four (4)walls or other vertical boundaries that exceed six (6)feet in height whether or not those boundaries include vents or other openings. (g) “Multi-Unit Residence” means property containing two (2)or more Units,except the following specifically excluded types of housing: (1) a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2); (2) a single-family home; and (3) a single-family home with a detached or attached in-law or second unit when permitted pursuant to California Government Code sections 65852.1, 65852.150, 1 65852.2 or an ordinance of the City of Saratoga adopted pursuant to those sections. (h)“Nonprofit Entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity withinthe meaning of this Article. (i)“Person” means any natural person, Business, cooperative association, Nonprofit Entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies. (j)“Place of Employment” means any area under the legal or de facto control of an Employer, that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation. (k)“Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. (l)“Reasonable Distance” means a distance of twenty-five (25)feet . (m)“Recreational Area” means any area, including streets and sidewalks,that is privately ownedand open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller-and ice-skating rinks, skateboard parks,andamusement parks. (n)“Service Area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “Service Area” includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands. (o) “Smoke” means the gases and particlesreleased into the air by combustion when the apparent or usual purpose of the combustion is human inhalation of the resulting combustion products, such as, for example, tobacco smoke, marijuana smoke, and crack cocaine smoke, except when the combusting material contains no tobacco andthe purpose of inhalation is solely olfactory,such as, for example, smoke from incense. (p)“Smoking” means engaging in an act that generates Smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; orlighting a pipe, a hookah pipe, a cigar, or a cigarette of any kind. 2 (q)“Tobacco Product” means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. (r)“Unenclosed Area” means any area that is not an Enclosed Area. (s) “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a townhouse; a room in a long- term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. Sec. 7-36.020.PROHIBITION OF SMOKING AND TOBACCO PRODUCT USEIN UNENCLOSED AREAS (a)Smoking and the use of Tobacco Productsis prohibited in the Unenclosed Areas of the following places within the City of Saratoga, except places where Smoking or the use of Tobacco Productsis already prohibited by state or federallaw, in which case those laws apply: (1) Recreational Areas; (2) Service Areas; (3) Dining Areas; (4)Places of Employment; (5) Common Areas, provided that a Person with legal control over a Common Area may designate a portion of the Unenclosed Area of the Common Area as a designated Smoking area if the area meets all of the following criteria: (a) the area must be located at least a Reasonable Distance from any Unit or Enclosed Area where Smoking is prohibited by this Article or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a Person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the Person designating the Smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A designated Smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established. 3 (b) the area must not include, and must be at least a Reasonable Distance from, Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes; (c) the area must be no more thanten percent (10%)of the total Unenclosed Area of the Multi-Unit Residence for which it is designated; (d) the area must have a clearly marked perimeter; (e) the area must be identified by conspicuous signs; (f) the area must be completely within an Unenclosed Area; and (g) the area must not overlap with any Enclosed or Unenclosed Area in which Smoking is otherwise prohibited by thisArticle or other provisions of this Code, state law, or federal law; and (6) Other Public Places. (b) Nothing in this Articleprohibits any Person, Employer,or Nonprofit Entity with legal control over any property from prohibiting Smoking and Tobacco Product useonany part of such property, even if Smoking or the use of Tobacco Productsis not otherwise prohibited in that area. (c) The Director ofthe Community Development Department or the Director’sdesignee shall engage in an ongoingeducational program to explain and clarify the purposes and requirements of thisArticle, as well as providing guidance to Persons, Employers, and Nonprofit Entities about compliance. However, lack of such education shall not be a defense to a violation of this Article. Sec. 7-36.030.REASONABLE SMOKING DISTANCE REQUIRED (a)Smoking in all Unenclosed Areas isprohibited within a Reasonable Distance from any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking is prohibited, except while actively passing on the way to another destination and provided Smoke does not enter any Enclosed Area in which Smoking is so prohibited. (b)Smoking in Unenclosed Areas isprohibited within a Reasonable Distance from any Unenclosed Areas in which Smoking is prohibited , except while actively passing on the way to another destination and provided Smoke does not enter any Unenclosed Area in which Smoking is so prohibited. (c) The prohibitions in subdivisions (a) and (b) shall not apply to Unenclosed Areas of private residential properties that are not Multi-Unit Residences. 4 Sec. 7-36.040.OTHER REQUIREMENTS AND PROHIBITIONS (a)No Person, Employer, or Nonprofit Entity shall knowingly permit Smoking or the use of Tobacco Productsin an area which is under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking or the use of Tobacco Products is prohibited by law, unless otherwise required by state or federal law. (b)No Person, Employer, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking or the use of Tobacco Productsis prohibited by law, including, without limitation, within a Reasonable Distance required by this article from any area in which Smoking or the use of Tobacco Productsis prohibited. Notwithstanding the foregoing, the presence ofash receptacles in violation of this subsection shall not be a defense to a charge of Smoking or the use of Tobacco Productsin violation of any provision of this article. (c)No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking is prohibited, including inside the perimeter of any Reasonable Distance required by this article. (d)A Person, Employer, or Nonprofit Entity that has legal or de facto control of an Unenclosed Area in which Smoking or the use of Tobacco Productsis prohibited by this articleshall post a clear, conspicuous and unambiguous “No Use of Tobacco Products”or “Tobacco-Free”sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the Reasonable Distance requirement set forth in Sec. 7-36.030.At least one sign with theCity phone number where complaints can be directed must be conspicuously posted in each place in which Smoking is prohibited.For purposes of this section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by theCity. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of Smokingor the use of Tobacco Productsin violation of any other provision of this Article. (e) No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with thisarticle. (f) Each instance of Smoking or Tobacco Product usein violation of this article shall constitute a separate violation. For violations other than for Smoking, each day of a continuing violation of this article shall constitute a separate violation. 5 Sec. 7-36.050. PENALTIES AND ENFORCEMENT. (a) The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity.Enforcement of this Article shall be the responsibility of the CityManager. In addition, any peace officer or any enforcement officer designated by the City Manager also may enforce this Article. (b) Violations of this Article are subject to criminal enforcement as an infractionbrought by the City of Saratoga, punishable in accordance with Article 3-05 of this Code. (c) Violations of this Article are subject to civil action or administrative citation brought by the City of Saratoga in accordance with Articles 3-10 and 3-30 of this Code, as applicable. (d) Causing, permitting, aiding, abetting or concealing a violation of any provision of this Article shall also constitute a violation of the article. (e) Except as otherwise provided, enforcement of thisArticleis at the sole discretion of theCity Council of the City of Saratoga.Nothing in thisarticle shall create a right of action in any Person against theCity or its agents to compel public enforcement of this article against any private party. 6 Smokefree Outdoor Areas Ordinance AModel California Ordinance Regulating Smoking in Outdoor Areas (with Annotations) June 2009 Developed by the Technical Assistance Legal Center (TALC), a project of Public Health Law & Policy. This material was made possible by funds received from the California Department of Public Health, under contract #04-35336. Public Health Law & Policy is a nonprofit organization that provides legal information on matters relating to public health. The legalinformation provided in this document does not constitute legal advice or legal representation. For legal advice, readers should consult a lawyer in their state. www.phlpnet.org•talc@phlpnet.org•(510) 302-3380 INTRODUCTION The Technical Assistance Legal Center (TALC) developed this Model Ordinance to help California cities and counties limit tobacco useand unwantedexposure to secondhand smokein outdoor areas.As the dangers of tobacco use and secondhand smoke become increasingly well documented, one of the most important steps a community can taketo protect and improve its residents’ health is to create more smokefree or tobacco-free spaces. By addressing outdoor tobacco use, this Model Ordinance also helps limit tobacco-related litter. To assist cities and counties create smokefree and tobacco-free outdoor areas, this Model Ordinance includes: Extensive findings based on the latest scientific information documenting the health risksassociated with tobacco use and exposure to secondhand tobacco smoke; Prohibitions on smoking in outdoor placesincludingparks and other recreational areas, restaurant patios, bus stops, public event sites, and common areas of multi-unit housing; Optional language that can be included to prohibit alltobacco use in outdoor places; Requirements for posting No Smoking signs; and Robust enforcement mechanisms including the option for private individuals and organizations to enforce the no-smoking provisions of this ordinance. The Model Ordinance offersa variety of options. In some instances, blanks (e.g., [____]) prompt you to customize the language to fit your community’s needs. In other cases, the ordinance offers you a choice of options (e.g., [ choice one/choice two] ). Some of the ordinance options are followed by a comment that describes the legal provisions in more detail. Some degree of customization is always necessary in order to make sure that the ordinance is consistent with a community’s existing laws. Your city attorney or county counsel will likely be the best person to check this for you. The Model Ordinance is very broad and covers every conceivable outdoor space, but it can be customized to fit the specific needs of your community. Some of the comments in the Model Ordinance describe how to narrow the scope of the smoking restrictions, should that be necessary. In addition, optional language is available to broaden the scope of the ordinance to restrict not only smoking but all tobacco use. TALC has also developed a separate ordinance to create smokefree multi-unit housing by limiting smokinginside units and common areas, as well as other ordinances specifically designed to create smokefree recreational areas and beaches. Some of the areas covered by those ordinances are also included in this Model Ordinance. If you would like to adopt a comprehensive or more customized approach, some aspects of other TALC ordinances can be combined with this ordinance. If you have questions about how to adapt this ordinance for your community, please contact TALC for assistance at (510) 302-3380or via e-mailat talc@phlpnet.org. Model California Ordinance Regulating Smoking in Outdoor Areas—page 2 Technical Assistance Legal Center—June 2009 AN ORDINANCE OF THE [CITY/COUNTY] OF[ ____] AMENDING THE [____] MUNICIPAL CODE TO REGULATE SMOKING [ AND TOBACCO PRODUCT USE] IN OUTDOOR PLACES ____ The [City Council of the City/Board of Supervisors of the County] of []does ordain as follows: : èÔÓÉ ÓÉ ÓÎÈÊÍØÇÙÈÍÊà ÚÍÓÐ×ÊÌÐÛÈ× ÐÛÎÕÇÛÕ× ÈÔÛÈ ÉÔÍÇÐØ Ú× COMMENT ÛØÛÌÈ×Ø ÈÍ ÈÔ× ÙÍÎÆ×ÎÈÓÍÎÛÐ ÖÍÊÏ ÇÉ×Ø ÓÎ ÈÔ× ÒÇÊÓÉØÓÙÈÓÍÎ SECTION I. FINDINGS. ____ The [City Council of the City/Board of Supervisors of the County] of []hereby finds and declares as follows: WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: 1 Tobacco-related illness is the leading cause of preventable death in the UnitedStates, 2 accounting for about 443,000 deaths each year;and Scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, 3 esophagus, and mouth;and Some of the most common types of cancers includingstomach, liver, uterine cervix, 4 and kidneyare related to tobacco use;and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: The U.S. Surgeon General concluded that there is no risk-free level of exposure to 5 secondhand smoke;and 1 Targeting Tobacco US Department of Health and Human Services, Centers for Disease Control and Prevention. Use: The Nation’s Leading Cause of Preventable Death . 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 2 US Department of Health and Human Services, Centers for Disease Control and Prevention. “Smoking-Attributable Morbidity and Mortality, Years of Potential Life Lost, and Productivity Losses —United States, 2000-2004.” Mortality Weekly Report, 57(45): 1226-1228, 2008. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a3.htm. 3 Targeting Tobacco US Department of Health and Human Services, Centers for Disease Control and Prevention. Use: The Nation’s Leading Cause of Preventable Death . 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 4 Leistikow B, Zubair K, et al. “Male Tobacco Smoke Load and Non-Lung Cancer Mortality Associations in BMC Cancer, Massachusetts.” 8:341, 2008. Available at: www.biomedcentral.com/1471-2407/8/341. 5 The Health Consequences of USDepartmentof Health and Human Services, Office of the Surgeon General. Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General . 2007. Report highlights available at: www.surgeongeneral.gov/library/secondhandsmoke/factsheets/factsheet7.html. Model California Ordinance Regulating Smoking in Outdoor Areas—page 3 Technical Assistance Legal Center—June 2009 The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic 6 air contaminant for which there is no safe level of exposure;and The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth 7 defects, and other reproductive harm;and Whereasexposure to secondhand smoke causes death and disease,as evidenced by the following: Secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers 8 each year in the United States;and Exposure to secondhandsmoke increases the risk of coronary heart disease by 9 approximately thirty percent;and Secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis in as many as 300,000 children in the United States under 1011 the age of 18 months each year;and exacerbates childhood asthma;and [Include the following findings about smokeless tobacco if your community will be incorporating the optional language to create completely tobacco-free outdoor spaces.] WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following: Smokeless tobacco use causes leukoplakia, a disease causing white patches to form in 12 the user’s mouth that can become cancerous;smokeless tobacco products are known 6 Resolution 06-01, Cal. Air Resources Bd. (2006) at 5. Available at: www.arb.ca.gov/regact/ets2006/res0601.pdf; SeeNews Release, California Identifies California Environmental Protection Agency, Air Resources Board. Secondhand Smoke as a “Toxic Air Contaminant.” Jan. 26, 2006. Available at: www.arb.ca.gov/newsrel/nr012606.htm. 7 Chemicals California Environmental Protection Agency, Office of Environmental Health Hazard Assessment. Known to the State to Cause Cancer or Reproductive Toxicity .2006, p. 8 & 17. Available at: www.oehha.ca.gov/prop65/prop65_list/files/P65single081106.pdf. 8 Fact Sheet – US Department of Health and Human Services, Centers forDisease Control and Prevention. Secondhand Smoke .2006. Available at: www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm. 9 Circulation Barnoya J and Glantz S. “Cardiovascular Effects of Secondhand Smoke: Nearly as Large as Smoking.” , 111: 2684-2698, 2005. Available at: www.circ.ahajournals.org/cgi/content/full/111/20/2684. 10 Targeting Tobacco US Department of Health and Human Services, Centers for Disease Control and Prevention. Use: The Nation’s Leading Cause of Preventable Death . 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 11 Fact Sheet – US Department of Health and Human Services, Centers for Disease Control and Prevention. Secondhand Smoke .2006. Available at: www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm. 12 Smokeless Tobacco and Cancer: Questions and Answers. National Cancer Institute. 2003, p. 2. Available at: www.smokefree.gov/Docs2/SmokelessTobacco_Q&A.pdf. Model California Ordinance Regulating Smoking in Outdoor Areas—page 4 Technical Assistance Legal Center—June 2009 13 to cause lung, larynx, esophageal, and oral cancer;and the regular use of snuff 14 doubles the user’s risk of cardiovascular disease and death;and Prolonged use of snus, a form of smokeless tobacco, contributes to high blood pressure, a factor of cardiovascular disease,and to a higher likelihood of suffering a 15 fatal stroke;and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following: 16 The total annual economic burden of smoking in the United States is $193 billion; and From 2001-2004, the average annual health care expenditures attributable to smoking 17 were approximately $96 billion;and The medical and other costs to nonsmokers due to exposureto secondhand smoke 18 were estimated at over $10 billion per year in the United States in 2005;and The total annual cost of smoking in California was estimated at $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs 19 in 1999 alone;and California’s Tobacco Control Program saved the state and its residents $86 billion in health care expenditures between the year of its inception, 1989, and 2004, with 20 savings growing yearly;and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the following: 13 Targeting Tobacco US Department of Health and Human Services, Centers for Disease Control and Prevention. Use: The Nation’s Leading Cause of Preventable Death . 2008, p. 2. Available at: www.cdc.gov/nccdphp/publications/aag/pdf/osh.pdf. 14 Nicotine and Hatsukami DK and Severson HH. “Oral Spit Tobacco: Addiction, Prevention, and Treatment.” Tobacco Research, 1(1): 21-44,1999. 15 Karolinska Institutet. “Prolonged Use of Swedish Moist Snuff Increases Risk of Fatal Cardiovascular Disease and Medical News Today, Stroke.” November 15, 2007. Available at: www.medicalnewstoday.com/articles/88868.php. 16 News Release, Slightly Lower Adult Smoking Rates. Centers for Disease Control and Prevention. 2008. Available at: www.cdc.gov/media/pressrel/2008/r081113.htm. 17 News Release, Slightly Lower Adult Smoking Rates. Centers for Disease Control and Prevention. 2008. Available at: www.cdc.gov/media/pressrel/2008/r081113.htm. 18 Economic Effects of Environmental Tobacco Smoke Behan DF, Eriksen MP and Lin, Y. . Schaumburg, IL: Society of Actuaries, 2005, p. 2. Available at: www.soa.org/files/pdf/ETSReportFinalDraft(Final%203).pdf. 19 The Cost of Smoking in California, 1999 Max W, Rice DP, Zhang X, et al. . Sacramento, CA: Tobacco Control Section, California Department of Health Services, 2002, p. 74. Available at: http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1026&context=ctcre. 20 Lightwood JM, Dinno A and Glantz SA. “Effect of the California Tobacco Control Program on Personal Health PLoS Med, Care Expenditures.” 5(8): e178, 2008. Available at: www.plosmedicine.org/article/info:doi/10.1371/journal.pmed.0050178. Model California Ordinance Regulating Smoking in Outdoor Areas—page 5 Technical Assistance Legal Center—June 2009 Levels of secondhand smoke exposure outdoors can reach levels attained indoors 21 depending ondirection and amount of wind and number and proximity of smokers; and Irritation from secondhand smoke begins at levels as low as 4 micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet 22 from the burning cigarette;and To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the 23 width of a two lane road;and Studies on a cruise ship have found that even while cruising at 20 knots and with unlimited air volume, outdoor smoking areas contained carcinogens in nearly the 24 same amounts as inside the ship’s casino where smoking was allowed;and WHEREAS, cigarette butts pose a health threat to young children,as evidenced by the following: In 2004, American poison control centers received nearly 8,000 reports of children 25 poisoned by the ingestion of cigarettes, cigarette butts, and other tobacco products; and Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and 26 gagging;and 21 Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Klepeis NE, Ott WR, and Switzer P. Concentrations: A Pilot Study. San Francisco: University of California, San Francisco and Stanford University, See also 2004, p. 34, 80. Available at: http://exposurescience.org/pub/reports/Outdoor_ETS_Final.pdf;Klepeis Journal of Air and NE, Ott WR and Switzer P. “Real-Time Measurement of Outdoor Tobacco Smoke Particles.” Waste Management Association, 57: 522-534, 2007. Available at: www.ashaust.org.au/pdfs/OutdoorSHS0705.pdf. 22 Junker MH, Danuser B, Monn C, et al. “Acute Sensory Responses of Nonsmokers at Very Low Environmental Environmental Health Perspectives, Tobacco Smoke Concentrations in Controlled Laboratory Settings.” 109(10): 1046-1052, 2001. Available at: www.pubmedcentral.nih.gov/picrender.fcgi?artid=1242082&blobtype=pdf; Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and William Mitchell Law Review, in Motor Vehicles.” 34(4): 1621-1638, 2008. Available at: http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 23 Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses,Parks, Patios, and William Mitchell Law Review, in Motor Vehicles.” 34(4): 1621-1638, 2008. Available at: http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 24 Repace JL. “Benefits of Smoke-Free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in William Mitchell Law Review, Motor Vehicles.” 34(4): 1621-1638, 2008.Available at: http://tobacco.health.usyd.edu.au/site/supersite/contact/pdfs/WilliamMitchellRepace.pdf. 25 2004 Annual Report of the American Association of Poison American Association of Poison Control Centers. Control Centers Toxic Exposure Surveillance System . Elsevier Inc., 2004, p. 645. Available at: www.poison.org/prevent/documents/TESS%20Annual%20Report%202004.pdf. 26 US Department of Health and Human Services, Centers for Disease Control and Prevention. “Ingestion of Morbidity and Mortality Cigarettes and Cigarette Butts by Children –Rhode Island, January 1994-July 1996.” Weekly Report ,46(06):125-128, 1997. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/00046181.htm. Model California Ordinance Regulating Smoking in Outdoor Areas—page 6 Technical Assistance Legal Center—June 2009 WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following: It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts 27 every year;and Cigarette butts are often cast onto sidewalksand streets, and frequently end up in 28 storm drains that flow into streams, rivers, bays, lagoons and ultimately the ocean; and Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to 29 decompose;and WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs, as evidenced by the following: Cities with smokefree laws see an appreciable reduction in hospital admittances for 30 heart attacks in the months and years after such laws are passed;and Smoking bans help people reduce the number of cigarettes they smoke or quit 31 altogether;and Strong smoking regulations for restaurants decrease the number of children who 32 transition from experimenting with smoking to becoming actual smokers;and WHEREAS, creating smokefree areas helps protect the health of the 86.7% of Californians 33 who are nonsmokers;and WHEREAS, society is becoming less tolerant and less accepting of cigarette smoking, as evidenced by the following, A 2008 survey of California voters found that 75% thought that secondhand smoke is harmful, 64% were bothered by secondhand smoke, and 73% support laws restricting 27 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 28 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 29 Surfrider Foundation, San Diego Chapter, Hold on to Your Butt, www.surfridersd.org/hotyb.php. 30 US Department of Health and Human Services, Centers for Disease Control and Prevention. “Reduced Hospitalizations for Acute Myorcardial Infarction After Implementation of a Smoke-Free Ordinance –City of Morbidity and Mortality Weekly Report, Pueblo, Colorado, 2002 –2006.” 57(51&52): 1373-1377,2009. Available at: www.cdc.gov/mmwr/preview/mmwrhtml/mm5751a1.htm; Glantz SA. “Meta-Analysis of the Effects Preventive Medicine, of Smokefree Laws on Acute Myocardial Infarction: An Update.” 47(4): 452-453, 2008. 31 National Public Radio, Neighmond P. “Smoking Bans Help People Quit, Research Shows.” October 25, 2007. Available at: www.npr.org/templates/story/story.php?storyId=15610995. 32 Siegel M, Albers AB, Cheng DM, et al. “Local Restaurant Smoking Regulations and theAdolescent Smoking Archives of Initiation Process: Results of a Multilevel Contexual Analysis Among Massachusetts Youth.” Pediatrics and Adolescent Medicine, 162(5): 477-483, 2008. Available at: http://archpedi.ama- assn.org/cgi/reprint/162/5/477.pdf. 33 Tobacco Control in California 2003-2007: Missed Opportunities Hong M, Barnes RL and Glantz SA. . San Francisco: Center for Tobacco Control Research and Education, 2007, p. 9. Available at: http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1074&context=ctcre. Model California Ordinance Regulating Smoking in Outdoor Areas—page 7 Technical Assistance Legal Center—June 2009 34 smoking in outdoor public places;and People living in cities with strong smokefree air laws are more likely to believe 35 smoking is not acceptable and that smokers should attempt to quit smoking;and As of 2008, there are 187 California cities and counties with local laws restricting 36 smoking in at least one outdoor area;and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and 37 expressly authorizes local communities to enact additional restrictions;and state law prohibits 38 smoking within 20 feet of entryways and operable windows of government buildings;and 39 WHEREAS, there is no Constitutional right to smoke; NOW THEREFORE, it is the intent of the [City Council/County Board of Supervisors], in enacting this ordinance, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking [ and tobacco use] around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking [ and tobacco use] with a healthy lifestyle; and by affirming and promoting a healthy environment in and around the [City’s/County’s] outdoor places. SECTION II.____ [Article/Chapter] of the [] Municipal Code is hereby amended to read as follows: Sec. [____(*1)].DEFINITIONS. The following words and phrases, whenever used in this [article/chapter] shall have the meanings defined in this section unless the context clearly requires otherwise: (a)“Business” means any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profit-making purposes. (b) “Common Area” means every Unenclosed Area of a Multi-Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and picnic areas. 34 Study of California Voters’ Attitudes About Secondhand Smoke Exposure. Goodwin Simon Victoria Research. Sacramento: Center for Tobacco Policy & Organizing, 2008, p. 1-3. Available at: www.center4tobaccopolicy.org/_files/_files/Results%20of%20SHS%20Poll%20November%202008.pdf. 35 News Release, Indiana University Research at American Public Health Association Meeting Indiana University. . October 27, 2008. Available at: http://newsinfo.iu.edu/tips/page/normal/9085.html#3. 36 California Clean Air Project, California Secondhand Smoke Policy Database, http://ccap.etr.org/index.cfm?fuseaction=policydb.home. 37 Cal. Health & Safety Code § 104495 (West 2008). 38 Cal. Gov’t Code § 7597 (West 2008). 39 There Is No Constitutional Right to Smoke Public Health Law & Policy, Technical Assistance Legal Center. . 2005. Available at:http://talc.phlaw.org/pdf_files/0051.pdf. Model California Ordinance Regulating Smoking in Outdoor Areas—page 8 Technical Assistance Legal Center—June 2009 [“Common Area” means every EnclosedAreaor Unenclosed Areaof a Multi-Unit Residencethat residents of more than one Unit of thatMulti-Unit Residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.] : óÖ ÃÍÇ ÅÍÇÐØ ÐÓÑ× ÈÍ ÌÊÍÔÓÚÓÈ éÏÍÑÓÎÕ ÓÎ all COMMENT ùÍÏÏÍÎ ûÊ×ÛÉ ÍÖ ïÇÐÈÓçÎÓÈ ê×ÉÓØ×ÎÙ×É ÓÎØÍÍÊÉ ÛÎØ ÍÇÈ ÃÍÇ ÙÛÎ ÇÉ× ÈÔ× ÚÊÛÙÑ×È×Ø ÛÐÈ×ÊÎÛÈÓÆ× ÐÛÎÕÇÛÕ× ÖÍÊ ÈÔÓÉ Ø×ÖÓÎÓÈÓÍÎ óÖ ÃÍÇ ÙÔÍÍÉ× ÈÔÓÉ ÍÌÈÓÍÎ ÌÐ×ÛÉ× ÙÍÎÈÛÙÈ èûðù ÖÍÊ ÛÉÉÓÉÈÛÎÙ× ÓÎ ×ØÓÈÓÎÕ é×ÙÈÓÍÎ áÝÝÝÝÝ ß ÍÖ ÈÔÓÉ ÍÊØÓÎÛÎÙ× ÖÍÊ ÓÎÈ×ÊÎÛÐ ÙÍÎÉÓÉÈ×ÎÙà Ó× ×ÎÉÇÊÓÎÕ ÈÔÛÈ ÈÔ× ÈÓÈÐ× ÛÎØ Ê×Ð×ÆÛÎÈ ÉÇÚÉ×ÙÈÓÍÎÉ ÛÌÌÊÍÌÊÓÛÈ×Ðà Ê×Ö×Ê×ÎÙ× ÷ÎÙÐÍÉ×Ø ÛÎØ ÍÊ çÎ×ÎÙÐÍÉ×Ø ûÊ×ÛÉ îÍÈ× ÈÔÛÈ ùÛÐÓÖÍÊÎÓÛ ðÛÚÍÊ ùÍØ× É×ÙÈÓÍÎ ÈÔ× ÉÈÛÈ× ÉÏÍÑ×ÖÊ×× ÅÍÊÑÌÐÛÙ× ÐÛÅ ÏÛà ÛÐÊ×ÛØà ÌÊÍÔÓÚÓÈ éÏÍÑÓÎÕ ÓÎ ÓÎØÍÍÊ ùÍÏÏÍÎ ûÊ×ÛÉ ÓÖ ÈÔ× ïÇÐÈÓçÎÓÈ ê×ÉÓØ×ÎÙ× ÔÛÉ ÷ÏÌÐÍÃ××É ÉÇÙÔ ÛÉ ÏÛÓÎÈ×ÎÛÎÙ× ÅÍÊÑ×ÊÉ ÌÊÍÌ×ÊÈà ÏÛÎÛÕ×ÊÉ ÍÊ ÍÈÔ×ÊÉ ÅÔÍ ÅÍÊÑ ÍÎÉÓÈ× èÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ ùÍÏÏÍÎ ûÊ×Û ØÍ×É ÎÍÈ ÓÎÙÐÇØ× ÚÛÐÙÍÎÓ×ÉÌÛÈÓÍÉ ÍÊ Ø×ÙÑÉ ÍÖ ÓÎØÓÆÓØÇÛÐ çÎÓÈÉ Ú×ÙÛÇÉ× ÈÔ×É× ÛÊ× ÎÍÈ ÉÔÛÊ×Ø ÛÊ×ÛÉ (c)“Dining Area” means any area, including streets and sidewalks, which is available to or customarily used by the general public or an Employee, and which is designed, established, or regularly used for consuming food or drink. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÙÍÆ×ÊÉ ÛÐÐ øÓÎÓÎÕûÊ×ÛÉ ÓÎØÍÍÊÉ COMMENT ÛÎØ ÍÇÈ ÚÇÈ é×ÙÈÓÍÎ áÝÝÝÝ Ûß ÍÖ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× ÌÊÍÔÓÚÓÈÉ éÏÍÑÓÎÕ ÍÎÐà ÓÎ ÍÇÈØÍÍÊ øÓÎÓÎÕ ûÊ×ÛÉéÏÍÑÓÎÕ ÓÎ ÓÎØÍÍÊ øÓÎÓÎÕ ûÊ×ÛÉ ÓÉ ÛÐÊ×ÛØà ÌÊÍÔÓÚÓÈ×Ø Úà ÉÈÛÈ× ÐÛÅ ðÛÚÍÊ ùÍØ× É×ÙÈÓÍÎ ÛÎØ ÌÍÉÉÓÚÐà Úà ÃÍÇÊ ÙÍÏÏÇÎÓÈÃªÉ ÐÍÙÛÐ ÍÊØÓÎÛÎÙ×É (d)“Employee” means any Person who is employed or retained as an independent contractor by any Employer or Nonprofit Entity in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer or Nonprofit Entity. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÏÛÑ×É ÙÐ×ÛÊ ÈÔÛÈ ÆÍÐÇÎÈ××ÊÉ COMMENT ÛÎØ ÓÎØ×Ì×ÎØ×ÎÈ ÙÍÎÈÊÛÙÈÍÊÉ ÛÊ× ÷ÏÌÐÍÃ××É ÖÍÊ ÌÇÊÌÍÉ×É ÍÖ ÈÔÓÉ É×ÙÈÓÍÎ (e) “Employer” means any Business or Nonprofit Entity thatretains the service of one or more Employees. (f)“Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: Model California Ordinance Regulating Smoking in Outdoor Areas—page 9 Technical Assistance Legal Center—June 2009 (1)any type of overhead cover whether or not that cover includes vents or other openings and at least [ three (3)] walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or (2)[four (4)] walls or other vertical boundaries that exceed [ six (6)] feet in height whether or not those boundaries include vents or other openings. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ Ø×ÉÙÊÓÚ×É ©×ÎÙÐÍÉ×ب ÌÐÛÙ×É COMMENT ÈÔÛÈ ÛÊ× ÎÍÈ ÙÍÆ×Ê×Ø Úà ÈÔ× ÌÊÍÔÓÚÓÈÓÍÎÉ ÓÎ ÈÔÓÉ ÍÊØÓÎÛÎÙ× èÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ çÎ×ÎÙÐÍÉ×Ø ûÊ×Û ÓÎÙÐÇØ×É ÛÐÐ ÛÊ×ÛÉ ÈÔÛÈ ÛÊ× ÎÍÈ ÷ÎÙÐÍÉ×Ø ûÊ×ÛÉèÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÎÛÊÊÍÅ ÉÍ ÈÔÛÈ ÏÍÉÈ ÛÊ×ÛÉ ÅÓÐÐ Ú× ÙÍÎÉÓØ×Ê×Ø çÎ×ÎÙÐÍÉ×Ø ûÊ×ÛÉ ÛÎØ ÈÔ×Ê×ÖÍÊ× ÉÇÚÒ×ÙÈ ÈÍ ÈÔÓÉ ÍÊØÓÎÛÎÙ× èÔ× ÎÇÏÚ×Ê ÍÖ ÅÛÐÐÉ ÛÎØ ÈÔ× Ô×ÓÕÔÈ ÈÔÊ×ÉÔÍÐØ ÙÛÎ Ú× ÙÇÉÈÍÏÓÂ×Ø ÈÍ Ï××È ÈÔ× Î××ØÉ ÍÖ ÃÍÇÊ ÙÍÏÏÇÎÓÈà ÛÎØ ÙÔÛÎÕÓÎÕ ÈÔ×É× ÎÇÏÚ×ÊÉ ÅÓÐÐ ÛÖÖ×ÙÈ ÈÔ× ÉÙÍÌ× ÍÖ ÈÔ× ÍÊØÓÎÛÎÙ×ê×ØÇÙÓÎÕ ÈÔ× ÎÇÏÚ×Ê ÍÖ ÅÛÐÐÉ ÓÎ ÈÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÅÍÇÐØ ÚÊÍÛØ×Î ÈÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ ÷ÎÙÐÍÉ×Ø ûÊ×Û ÅÔÓÙÔ ÅÍÇÐØ Ê×ÉÇÐÈ ÓÎ ÎÛÊÊÍÅÓÎÕ ÈÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ çÎ×ÎÙÐÍÉ×Ø ûÊ×Û ÈÔ×Ê×Úà ÐÓÏÓÈÓÎÕ ÈÔ× ÉÙÍÌ× ÍÖ ÈÔ× ÍÇÈØÍÍÊ éÏÍÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎÉ ÓÎ ÈÔÓÉ ÍÊØÓÎÛÎÙ× ûÎ ÛÊ×Û ÈÔÛÈ ÓÉ ÌÛÊÈÓÛÐÐà ÙÍÆ×Ê×Ø Úà ÛÎÃÈÔÓÎÕ ÅÍÇÐØ Ú× ÛÎÛÐÃÂ×Ø ÇÎØ×Ê ÉÇÚÌÛÊÛÕÊÛÌÔ ÅÔ×Ê×ÛÉ ÍÎÐà ÛÊ×ÛÉ ÈÔÛÈ ÛÊ× ÈÍÈÛÐÐà ÇÎÙÍÆ×Ê×Ø ÅÍÇÐØ Ú×ÛÎÛÐÃÂ×Ø ÇÎØ×Ê ÉÇÚÌÛÊÛÕÊÛÌÔ óÈ ÙÛÎ Ú× ØÓÖÖÓÙÇÐÈ ÈÍ ÛÌÌÐà ðÛÚÍÊ ùÍØ× É×ÙÈÓÍÎ ÈÍ ÛÊ×ÛÉ ÈÔÛÈ ÛÊ× ÉÇÊÊÍÇÎØ×ØÚà ÐÛÈÈÓÙ× Ô×ØÕ×ÉÛÎØ ÍÈÔ×Ê ÎÍÎÉÍÐÓØ ÉÈÊÇÙÈÇÊ×É öÍÊ ÌÇÊÌÍÉ×É ÍÖ ÈÔÓÉ ÍÊØÓÎÛÎÙ× ÛÎÃÆ×ÊÈÓÙÛÐ ÚÍÇÎØÛÊà Ê×ÕÛÊØÐ×ÉÉ ÍÖ ÙÍÏÌÍÉÓÈÓÍÎ ÙÍÎÉÈÓÈÇÈ×ÉÛÎ ©ÍÈÔ×Ê Æ×ÊÈÓÙÛÐ ÚÍÇÎØÛÊè ÖÍÊ ÛÌÌÐÓÙÛÈÓÍÎ ÍÖ ÈÔÓÉ Ø×ÖÓÎÓÈÓÍÎ îíè÷óÖ ÈÔ× ïÇÎÓÙÓÌÛÐ ùÍØ× ÛÐÊ×ÛØà ÔÛÉ éÏÍÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎÉ ÓÈ ÏÛà ÙÍÎÈÛÓÎÛ Ø×ÖÓÎÓÈÓÍÎ ÍÖ ©×ÎÙÐÍÉ×ب ê×ÆÓ×Å ÈÔ× ùÍØ× ÛÎØ ÏÛÑ× ÛÎà Î×Ù×ÉÉÛÊà ÏÍØÓÖÓÙÛÈÓÍÎ ÈÍ ×ÄÓÉÈÓÎÕ Ø×ÖÓÎÓÈÓÍÎÉ ÛÎØ ÍÊ ÍÌ×ÊÛÈÓÆ× ÌÊÍÆÓÉÓÍÎÉ ÈÍ ×ÎÉÇÊ× ÙÍÎÉÓÉÈ×ÎÙà ÅÓÈÔ ÈÔ× Î×Å Ø×ÖÓÎÓÈÓÍÎ (g) “Multi-Unit Residence” means property containing two (2)or more Units [,except the following specifically excluded types of housing: (1) a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2); (2) a mobile home park; (3) a campground; (4) a marina orport; (5) asingle-familyhome; (6) asingle-familyhome with a detached or attached in-law or second unitwhen permitted pursuant to California Government Code sections 65852.1, 65852.150, 65852.2 or an ordinance of the[City/County]adopted pursuant to those sections; and ____ (7)]. Model California Ordinance Regulating Smoking in Outdoor Areas—page 10 Technical Assistance Legal Center—June 2009 : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÓÎÈ×ÎØ×Ø ÈÍ Ú× ÇÉ×Ø ÓÎ COMMENT ÙÍÎÒÇÎÙÈÓÍÎ ÅÓÈÔ ÈÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ çÎÓÈ ÓÎ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× ÅÔÓÙÔ ÏÛÑ×É ÙÐ×ÛÊ ÈÔÛÈ ÈÔÓÉ È×ÊÏ ÓÉ ÐÓÏÓÈ×Ø ÈÍ ØÅ×ÐÐÓÎÕ ÉÌÛÙ×É ú×ÙÛÇÉ× ÈÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ çÎÓÈ ÓÉ ÉÍ ÚÊÍÛØ ÛÎØ ÓÎÙÐÇØ×É ÛÐÐ ÈÃÌ×É ÍÖ ØÅ×ÐÐÓÎÕ ÌÐÛÙ×É¥ÖÊÍÏ ÊÍÍÏÉ ÓÎ Û ÔÍÈ×Ð ÈÍ È×ÎÈÉ ÛÈ Û ÙÛÏÌÕÊÍÇÎØ¥Û ÙÍÏÏÇÎÓÈà ÏÛà ÅÛÎÈ ÈÍ ÐÓÏÓÈ ÈÔ× ÈÃÌ×É ÍÖ ØÅ×ÐÐÓÎÕ ÌÐÛÙ×É ÙÍÆ×Ê×Ø Úà ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× èÔ× ÍÌÈÓÍÎÛÐ ÐÛÎÕÇÛÕ× ÌÊÍÆÓØ×É ×ÄÛÏÌÐ×É ÍÖ ÈÔ× ÈÃÌ×É ÍÖ ×ÄÙ×ÌÈÓÍÎÉ ÈÔÛÈ ÙÍÏÏÇÎÓÈÓ×É ÛÊ× ÐÓÑ×Ðà ÈÍ ÙÍÎÉÓØ×Ê îÍÈ× ÈÔÛÈ ÈÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ ïÇÐÈÓçÎÓÈ ê×ÉÓØ×ÎÙ× ÅÓÈÔÍÇÈ ÛÎà ×Ä×ÏÌÈÓÍÎÉ ÅÍÇÐØ ÓÎÙÐÇØ× ÈÔ× ÖÍÐÐÍÅÓÎÕ ÈÃÌ×É ÍÖ ØÅ×ÐÐÓÎÕ ÌÐÛÙ×É ÛÌÛÊÈÏ×ÎÈÉ ÙÍÎØÍÏÓÎÓÇÏÉ ÈÍÅÎÔÍÏ×É ÙÍÍÌÉ ÛÎØ ÙÍÔÍÇÉÓÎÕ ÛÖÖÍÊØÛÚÐ× ÔÍÇÉÓÎÕ ÖÍÊ É×ÎÓÍÊÉ ÖÍÊ ØÓÉÛÚÐ×Ø È×ÎÛÎÈÉ ÖÍÊ é×ÙÈÓÍÎ ×ÈÙ ÐÍÎÕÈ×ÊÏ Ô×ÛÐÈÔ ÙÛÊ× ÖÛÙÓÐÓÈÓ×É ÛÉÉÓÉÈ×Ø ÐÓÆÓÎÕ ÖÛÙÓÐÓÈÓ×É ÔÍÉÌÓÈÛÐÉ ÛÎØ ÖÛÏÓÐà ÉÇÌÌÍÊÈ ÖÛÙÓÐÓÈÓ×É ÔÍÈ×ÐÉ ÏÍÈ×ÐÉ ÉÓÎÕÐ× ÊÍÍÏ ÍÙÙÇÌÛÎÙà ©éêí¨ ÖÛÙÓÐÓÈÓ×É ØÍÊÏÓÈÍÊÓ×É ÛÎØ ÔÍÏ×Ð×ÉÉ ÉÔ×ÐÈ×ÊÉ ÏÍÚÓÐ× ÔÍÏ× ÌÛÊÑÉ ÙÛÏÌÕÊÍÇÎØÉ ÏÛÊÓÎÛÉ ÛÎØ ÌÍÊÈÉ ÉÓÎÕÐ×ÖÛÏÓÐà ÔÍÏ×É ÛÎØ ÉÓÎÕÐ×ÖÛÏÓÐà ÔÍÏ×É ÅÓÈÔ ÛÎ ÓÎÐÛÅ ÇÎÓÈ (h)“Nonprofit Entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entityand not to private gain. A government agency is not a Nonprofit Entity within the meaning of this [article/chapter]. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÚÊÍÛØ×Ê ÈÔÛÎ ÈÔ× óêé COMMENT Ø×ÉÓÕÎÛÈÓÍÎ ÍÖ Û ÎÍÎÌÊÍÖÓÈ ÍÊÕÛÎÓÂÛÈÓÍÎ ÓÎ ÍÊØ×Ê ÈÍ ÙÍÆ×Ê ÏÍÊ× ÓÎÖÍÊÏÛÐ ÕÊÍÇÌÉ ÛÎØ ÛÉÉÍÙÓÛÈÓÍÎÉ (i)“Person” means any natural person, Business, cooperative association, Nonprofit Entity, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies. : èÔ× ïÇÎÓÙÓÌÛÐ ùÍØ× ÏÛà ÙÍÎÈÛÓÎ Û Ø×ÖÓÎÓÈÓÍÎ COMMENT ÍÖ ©Ì×ÊÉÍΨ Ê×ÆÓ×Å ÛÎà ×ÄÓÉÈÓÎÕ Ø×ÖÓÎÓÈÓÍÎ ÍÖ ©Ì×ÊÉÍΨ ÓÎ ÈÔ× ïÇÎÓÙÓÌÛÐ ùÍØ× ÈÍ Ø×È×ÊÏÓÎ× ÅÔ×ÈÔ×Ê ÈÍ ÓÎÙÐÇØ× ÈÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎ ÃÍÇÊ ÍÊØÓÎÛÎÙ× èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÍÊÌÍÊÛÈ×É ÛÐÐ ×ÎÈÓÈÓ×É Ø×ÖÓÎ×Ø ÛÉ Û úÇÉÓÎ×ÉÉ ÓÎ ÈÔÓÉ ÍÊØÓÎÛÎÙ× óÎ ÛØØÓÈÓÍÎ ÓÈ ÓÎÙÐÇØ×É ÈÔ× ùÓÈà ÛÎØ ùÍÇÎÈà (j)“Place of Employment” means any area under the legal or de facto control of an Employer, that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hoursof operation. Model California Ordinance Regulating Smoking in Outdoor Areas—page 11 Technical Assistance Legal Center—June 2009 : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÚÊÍÛØ ×ÎÍÇÕÔ ÈÍ ÙÍÆ×Ê ÛÐÐ COMMENT ÛÊ×ÛÉ ÍÖ Û ÅÍÊÑÌÐÛÙ× ÓÎØÍÍÊÉ ÛÎØ ÍÇÈ é×ÙÈÓÍÎ á ÝÝÝÝ Ûß ÍÖ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× ÌÊÍÔÓÚÓÈÉ éÏÍÑÓÎÕ ÍÎÐà ÓÎ ÈÔ× çÎ×ÎÙÐÍÉ×Ø ûÊ×ÛÉ ÍÖ ÅÍÊÑÌÐÛÙ×É ÓÖ ÃÍÇÊ ÙÍÏÏÇÎÓÈà ÛÐÉÍ ÅÛÎÈÉ ÈÍ Ê×ÉÈÊÓÙÈ éÏÍÑÓÎÕ ÓÎ ÓÎØÍÍÊ ÅÍÊÑÌÐÛÙ×É ×Ä×ÏÌÈ×Ø Úà ÈÔ× ÉÈÛÈ× ÉÏÍÑ×ÖÊ×× ÅÍÊÑÌÐÛÙ× ÐÛÅ ×Õ Ê×ÈÛÓÐ ÈÍÚÛÙÙÍ ÉÔÍÌÉ ÅÛÊ×ÔÍÇÉ×É ÔÍÈ×Ð ÐÍÚÚÓ×É ×ÈÙ ÌÐ×ÛÉ× ÙÍÎÈÛÙÈ èûðù ÖÍÊ ÛÉÉÓÉÈÛÎÙ× (k)“Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. : èÔÓÉ ÓÉ Û Æ×Êà ÚÊÍÛØ Ø×ÖÓÎÓÈÓÍÎ ÛÎØ ÓÉ ÓÎÈ×ÎØ×Ø COMMENT ÛÉ Û ©ÙÛÈÙÔÛÐШ ÈÍ ÓÎÙÐÇØ× ÛÐÐ ÌÇÚÐÓÙ ÛÊ×ÛÉ ÈÔÛÈ ØÍ ÎÍÈ ÖÛÐÐ ÅÓÈÔÓÎ ÛÎà ÍÈÔ×Ê Ø×ÖÓÎÓÈÓÍÎ ÓÎ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÐÇØ×É ÛÐÐ ìÇÚÐÓÙ ìÐÛÙ×É ÓÎØÍÍÊÉ ÛÎØ ÍÇÈ ÚÇÈ é×ÙÈÓÍÎ áÝÝÝÝ Ûß ÍÖ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× ÌÊÍÔÓÚÓÈÉ éÏÍÑÓÎÕ ÍÎÐà ÓÎ ÍÇÈØÍÍÊ ìÇÚÐÓÙ ìÐÛÙ×É èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÛÐÉÍ ÚÊÍÛØ ×ÎÍÇÕÔ ÈÍ ÓÎÙÐÇØ× ÛÐÐ ÉÈÊ××ÈÉ ÛÎØ ÉÓØ×ÅÛÐÑÉ ×Æ×Î ÅÔ×Î ÈÔ×à ÛÊ× ÎÍÈ Ú×ÓÎÕ ÇÉ×Ø ÛÉ ÛÎ ×Æ×ÎÈ ÉÓÈ× ÍÊ ÈÍ ÌÊÍÆÓØ× Û É×ÊÆÓÙ× ÈÍ ÈÔ× ÌÇÚÐÓÙ é×ÙÈÓÍÎ áÝÝÝÝ Ûß ÙÍÎÈÛÓÎÉ ÍÌÈÓÍÎÛÐ ÐÛÎÕÇÛÕ× ÈÔÛÈ ÙÛÎ Ú× ÇÉ×Ø ÈÍ ×ÄÙÐÇØ× ÉÈÊ××ÈÉ ÛÎØ ÉÓØ×ÅÛÐÑÉ ÖÊÍÏ ÏÍÉÈ éÏÍÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎÉ (l)“Reasonable Distance” means a distance of [ twenty-five(25) ]feet in any direction from an area in which Smoking is prohibited. : èÔ× ÎÇÏÚ×Ê ÍÖ Ö××È ÙÍÎÉÈÓÈÇÈÓÎÕ ê×ÛÉÍÎÛÚÐ× COMMENT øÓÉÈÛÎÙ× ÙÛÎ Ú× ÙÔÛÎÕ×Ø ÈÍ ×ÎÉÇÊ× Û ÉÇÖÖÓÙÓ×ÎÈ ÚÇÖÖ×Ê ÖÊÍÏ ØÊÓÖÈÓÎÕ éÏÍÑ× (m)“Recreational Area” means any area [ , including streets and sidewalks,] that is [ publicly or privately owned/owned or operated by the[City/County of______]] and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes butis not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller-and ice-skating rinks, skateboard parks, amusement parks, and beaches. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÙÛÎ ÛÌÌÐà ÈÍ ÛÐÐ Ê×ÙÊ×ÛÈÓÍÎÛÐ COMMENT ÛÊ×ÛÉ ÈÔÛÈ ÛÊ× ÍÌ×Î ÈÍ ÈÔ× Õ×Î×ÊÛÐ ÌÇÚÐÓÙ ÅÔ×ÈÔ×Ê ÍÎ ÌÇÚÐÓÙ ÍÊ ÌÊÓÆÛÈ× ÐÛÎØ óÖ ÈÔ× ÙÍÏÏÇÎÓÈà ÅÛÎÈÉ ÈÍ ÐÓÏÓÈ ÈÔ× Ê×ÛÙÔ ÍÖ ÈÔ× ÍÊØÓÎÛÎÙ× ÈÍ ÍÎÐà ÓÎÙÐÇØ× ÌÇÚÐÓÙÐà ÍÅÎ×Ø ÍÊ ÍÌ×ÊÛÈ×Ø Ê×ÙÊ×ÛÈÓÍÎÛÐ ÖÛÙÓÐÓÈÓ×É ÈÔ×Î É×Ð×ÙÈ ÈÔ× ÌÔÊÛÉ× ____ ©owned or operated by the City / County of ”. èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÙÛÎ ÛÐÉÍ Ú× ×ÄÌÛÎØ×Ø ÈÍ ×ÎÙÍÏÌÛÉÉ ÉÈÊ××ÈÉ ÛÎØ ÉÓØ×ÅÛÐÑÉ ÈÔÛÈ ÛÊ× ÇÉ×Ø ÛÉ ê×ÙÊ×ÛÈÓÍÎÛÐ ûÊ×ÛÉ Úà ÛØØÓÎÕ ÈÔ× ÍÌÈÓÍÎÛÐ ÚÊÛÙÑ×È×Ø ÐÛÎÕÇÛÕ× Model California Ordinance Regulating Smoking in Outdoor Areas—page 12 Technical Assistance Legal Center—June 2009 ©including streets and sidewalks¨ èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÐÇØ×É ÛÐÐ ê×ÙÊ×ÛÈÓÍÎÛÐ ûÊ×ÛÉ ÓÎØÍÍÊÉ ÛÎØ ÍÇÈ ÚÇÈ é×ÙÈÓÍÎ áÝÝÝÝ Ûß ÍÖ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× ÌÊÍÔÓÚÓÈÉ éÏÍÑÓÎÕ ÍÎÐà ÓÎ ÍÇÈØÍÍÊ ê×ÙÊ×ÛÈÓÍÎÛÐ ûÊ×ÛÉ èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÐÇØ×É Ú×ÛÙÔ×É ÅÔÓÙÔ ÓÉ ÎÍÈ Ø×ÖÓÎ×Ø ÓÎ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× óÖ ÃÍÇ ÅÍÇÐØ ÐÓÑ× ÈÍ ÓÎÙÐÇØ× Û É×ÌÛÊÛÈ× ÏÍÊ× ÉÌ×ÙÓÖÓÙ Ø×ÖÓÎÓÈÓÍÎ ÍÖ ÈÔ× È×ÊÏ ©Ú×ÛÙÔ¨ ÌÐ×ÛÉ× É×× ÈÔ× Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÐÇØ×Ø ÓÎ èûðùªÉ ©ïÍØ×Ð ùÛÐÓÖÍÊÎÓÛ íÊØÓÎÛÎÙ× ê×ÕÇÐÛÈÓÎÕ éÏÍÑÓÎÕ ÛÎØ èÍÚÛÙÙÍ çÉ× ÍÎ ú×ÛÙÔ×ɨ ÛÆÛÓÐÛÚÐ× ÍÎ èûðùªÉ Å×ÚÉÓÈ× ÛÈ www.phlpnet.org (n)“Service Area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to receive a service, wait to receive a service or to make a transaction, whether ornot such service or transaction includes the exchange of money. The term “Service Area” includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands. èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÐÇØ×É ÛÐÐ é×ÊÆÓÙ× ûÊ×ÛÉ COMMENT ÓÎØÍÍÊÉ ÛÎØ ÍÇÈ ÚÇÈ é×ÙÈÓÍÎ áÝÝÝÝ Ûß ÍÖ ÈÔÓÉ ïÍØ×Ð íÊØÓÎÛÎÙ× ÌÊÍÔÓÚÓÈÉ éÏÍÑÓÎÕ ÍÎÐà ÓÎ ÍÇÈØÍÍÊ é×ÊÆÓÙ× ûÊ×ÛÉ (o) “Smoke” means the gases and particlesreleased into the air by combustion when the apparent or usual purpose of the combustion is human inhalation of the resulting combustion products, such as, for example, tobacco smoke, marijuana smoke, and crack cocaine smoke, except when the combusting material contains no tobacco andthe purpose of inhalation is solely olfactory,such as, for example, smoke from incense. : èÔÓÉ ÓÉ Û ÉÌ×ÙÓÛÐ Ø×ÖÓÎÓÈÓÍÎ ÈÔÛÈ ÓÉ ÏÍÊ× ÐÓÏÓÈ×Ø COMMENT ÈÔÛÎ ÈÔ× ÙÍÏÏÍÎ ÇÎØ×ÊÉÈÛÎØÓÎÕ ÍÖ ÅÔÛÈ ©ÉÏÍÑר ÓÉ öÍÊ ×ÄÛÏÌÐ× ÉÏÍÑ× ÖÊÍÏ Û ÖÓÊ×ÌÐÛÙ× ÍÊ Û ÚÛÊÚ×ËÇ× ÕÊÓÐÐ ÓÉ ÎÍÈ ©éÏÍÑר ÖÍÊ ÈÔ×ÌÇÊÌÍÉ×É ÍÖ ÈÔÓÉ ÍÊØÓÎÛÎÙ× Ú×ÙÛÇÉ× ÈÔ× ÉÏÍÑ× Õ×Î×ÊÛÈ×Ø Úà ÈÔÍÉ× ÛÙÈÓÆÓÈÓ×É ÓÉ ÎÍÈ ÌÊÍØÇÙ×Ø ÖÍÊ ÈÔ× ÌÇÊÌÍÉ× ÍÖ ÓÎÔÛÐÓÎÕ ÓÈ èÔ× ÐÓÏÓÈÛÈÓÍÎ ÌÐÛÙ×Ø ÍÎ ©éÏÍÑר Úà ÈÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÓÏÌÍÊÈÛÎÈ ÈÍ ÛÆÍÓØ ÇÎÓÎÈ×ÎØ×Ø ÙÍÎÉ×ËÇ×ÎÙ×É ÉÇÙÔ ÛÉ ÓÎÛØÆ×ÊÈ×ÎÈÐà ÌÊÍÔÓÚÓÈÓÎÕÈÔ× ÚÇÊÎÓÎÕ ÍÖ ÓÎÙ×ÎÉ× èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÐÇØ×É ÏÛÊÓÒÇÛÎÛ ÚÇÈ éÏÍÑÓÎÕ ÏÛÊÓÒÇÛÎÛ ÖÍÊ Ï×ØÓÙÛÐ ÌÇÊÌÍÉ×É ÙÛÎ Ú× ×ÄÙÐÇØ×Ø ÖÊÍÏ ÈÔ× ÌÊÍÔÓÚÓÈÓÍÎÉ ÍÖ ÈÔÓÉ ÍÊØÓÎÛÎÙ× ÉÔÍÇÐØ Û ÙÍÏÏÇÎÓÈà Ø×ÙÓØ× ÈÍ ØÍ ÉÍ ìÐ×ÛÉ× ÙÍÎÈÛÙÈ èûðù ÖÍÊ ÛÉÉÓÉÈÛÎÙ× ÓÎ ØÊÛÖÈÓÎÕ Û Ï×ØÓÙÛÐ ÏÛÊÓÒÇÛÎÛ ×ÄÙ×ÌÈÓÍÎ (p)“Smoking” means engaging in an act that generates Smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; orlighting a pipe, a hookah pipe, a cigar, or acigarette of any kind. Model California Ordinance Regulating Smoking in Outdoor Areas—page 13 Technical Assistance Legal Center—June 2009 : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÎÙÐÇØ×É ÏÛÊÓÒÇÛÎÛ ÚÇÈ COMMENT éÏÍÑÓÎÕ ÏÛÊÓÒÇÛÎÛ ÖÍÊ Ï×ØÓÙÛÐ ÌÇÊÌÍÉ×É ÙÛÎ Ú× ×ÄÙÐÇØ×Ø ÖÊÍÏ ÈÔ× ÌÊÍÔÓÚÓÈÓÍÎÉ ÍÖ ÈÔÓÉ ÍÊØÓÎÛÎÙ× ÓÎ ÉÍÏ× ÙÓÊÙÇÏÉÈÛÎÙ×É ÌÐ×ÛÉ× ÙÍÎÈÛÙÈ èûðù ÖÍÊ ÛÉÉÓÉÈÛÎÙ× (q)“Tobacco Product” means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter willbe introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÅÊÓÈÈ×Î ÚÊÍÛØÐà ÈÍ ÓÎÙÐÇØ× COMMENT ÎÍÎÈÊÛØÓÈÓÍÎÛÐ ÈÍÚÛÙÙÍ ÛÎØ ÎÓÙÍÈÓÎ× ÌÊÍØÇÙÈÉ ÉÇÙÔ ÛÉ ÎÓÙÍÈÓÎ× ÅÛÈ×Ê ÛÎØ ÎÓÙÍÈÓÎ× ÐÍÐÐÓÌÍÌÉ ÚÇÈ ÅÓÈÔÍÇÈ ÓÎÈ×ÊÖ×ÊÓÎÕ ÅÓÈÔ ÈÔ× öøûªÉ ÏÓÉÉÓÍÎ ÍÖ ÛÌÌÊÍÆÓÎÕ ÌÊÍØÇÙÈÉ ÓÎÈ×ÎØ×Ø ÈÍ Ú×Î×ÖÓÈ ÌÇÚÐÓÙ Ô×ÛÐÈÔ ÉÇÙÔ ÛÉ ÎÓÙÍÈÓÎ× ÌÛÈÙÔ×É ÛÎØ ÍÈÔ×Ê ÎÓÙÍÈÓÎ× Ù×ÉÉÛÈÓÍÎ ÌÊÍØÇÙÈÉ (r)“Unenclosed Area” means any area that is not an Enclosed Area. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ×ÉÈÛÚÐÓÉÔ×É ÈÔ× ÉÙÍÌ× ÍÖ ÈÔ× COMMENT ÍÊØÓÎÛÎÙ× Æ×Êà ÚÊÍÛØÐà ÛÎØ ÓÎÙÐÇØ×É ÛÐÐ ÛÊ×ÛÉ ÈÔÛÈ ÛÊ× ÎÍÈ Ø×ÖÓÎ×Ø ÛÉ ÷ÎÙÐÍÉ×Ø ûÊ×ÛÉ (s) “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a townhouse; a room in a long- term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. : èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÓÉ ÓÎÈ×ÎÈÓÍÎÛÐÐà ×ÄÈÊ×Ï×Ðà ÚÊÍÛØ COMMENT óÈ ÓÉ Ø×ÉÓÕÎ×Ø ÈÍ ÙÛÌÈÇÊ× ÛÐÐ ÙÍÎÙ×ÓÆÛÚÐ× ©ØÅ×ÐÐÓÎÕ ÉÌÛÙ×ɨ ÛÉ ÈÔ× ×ÄÛÏÌÐ×É ÓÐÐÇÉÈÊÛÈ× ôÍÅ×Æ×Ê Ú×ÙÛÇÉ× ÍÖ ÈÔ× ÅÛà ÈÔÛÈ ÈÔÓÉ ÏÍØ×Ð ÍÊØÓÎÛÎÙ× ÓÉ Ø×ÉÓÕÎ×Ø ÛÎà ÐÓÏÓÈÛÈÓÍÎÉ ÍÎ ÈÔ× ÈÃÌ×É ÍÖ ÔÍÇÉÓÎÕ ÙÍÆ×Ê×Ø Úà ÈÔ× ÍÊØÓÎÛÎÙ× ÉÔÍÇÐØ Ú× ÛØØ×Ø ÈÍ ÈÔ× Ø×ÖÓÎ×Ø È×ÊÏ ©ïÇÐÈÓ çÎÓÈ ê×ÉÓØ×ÎÙר ÛÎØ not Ô×Ê× öÍÊ ×ÄÛÏÌÐ× ÉÍÏ× ©ÏÍÚÓÐ× ÔÍÏ×ɨ ÓÎ ÏÍÚÓÐ× ÔÍÏ× ÌÛÊÑÉ ÏÛà Ú× ÓÎÙÐÇØ×Ø ÓÎ ÈÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÛÎØ ×Æ×Î ÙÓÈ×Ø ÓÎ ÈÔ× ×ÄÛÏÌÐ×É ÚÇÈ Î×Æ×ÊÈÔ×Ð×ÉÉ ©ÏÍÚÓÐ× ÔÍÏ×ɨ ÙÛÎ Ú× ÉÌ×ÙÓÖÓÙÛÐÐà ×ÄÙÐÇØ×Ø ÖÊÍÏ ÈÔ× ÍÊØÓÎÛÎÙ× ÇÎØ×Ê ÈÔ× Ø×ÖÓÎÓÈÓÍÎ ÍÖ ©ïÇÐÈÓçÎÓÈ ê×ÉÓØ×ÎÙר Sec. [____(*2)].PROHIBITION OF SMOKING [ AND TOBACCO PRODUCT USE] IN UNENCLOSED AREAS : óÖ Û ÙÍÏÏÇÎÓÈà ÅÛÎÈÉ ÈÍ ÌÊÍÔÓÚÓÈ ÈÔ× ÇÉ× ÍÖ ÛÐÐ COMMENT èÍÚÛÙÙÍ ìÊÍØÇÙÈÉ ÓÎ ÛØØÓÈÓÍÎ ÈÍ éÏÍÑÓÎÕ ÈÔ×Î ÓÎÙÐÇØ× ÈÔ× ÍÌÈÓÍÎÛÐ ÚÊÛÙÑ×È×Ø È×ÄÈ Ê×Ö×ÊÊÓÎÕ ÈÍ ÈÔ× ÇÉ× ÍÖ Model California Ordinance Regulating Smoking in Outdoor Areas—page 14 Technical Assistance Legal Center—June 2009 èÍÚÛÙÙÍ ìÊÍØÇÙÈÉ ×ÛÙÔ ÈÓÏ× ÓÈ ÓÉ Ê×Ö×Ê×ÎÙ×Ø ÓÎ ÈÔ× ÍÊØÓÎÛÎÙ× (a)Smoking [ andthe use of TobaccoProducts] is prohibited in the Unenclosed Areas of ____ the following places within the [City/County of], except places where Smoking [ or the use of Tobacco Products] is already prohibited by state or federal law, in which case those laws apply: : èÔ× ©except places where·¨ ÐÛÎÕÇÛÕ× COMMENT ÛÆÍÓØÉ ÌÍÈ×ÎÈÓÛÐ ÌÊ××ÏÌÈÓÍÎ ÓÉÉÇ×É Úà ÏÛÑÓÎÕ ÙÐ×ÛÊ ÈÔÛÈ ÈÔ× ÐÍÙÛÐ ÍÊØÓÎÛÎÙ× ÓÉ ÎÍÈ ØÇÌÐÓÙÛÈÓÆ× ÍÖ ×ÄÓÉÈÓÎÕ ÐÛÅ ÚÇÈ ÊÛÈÔ×Ê ©ÖÓÐÐÉ ÓΨ ÕÛÌÉ ÓÎ ×ÄÓÉÈÓÎÕ ÉÈÛÈ× ÍÊ Ö×Ø×ÊÛÐ ÐÛÅ (1) Recreational Areas; (2) Service Areas; (3) Dining Areas; (4)Places of Employment; (5) Common Areas [ , provided that aPerson with legal controlover a Common Area maydesignate a portion of the Unenclosed Area of the Common Area as a designated Smoking area if the area meets all of the following criteria: : èÔ× ÚÊÛÙÑ×È×Ø ÍÌÈÓÍÎÛÐ ÐÛÎÕÇÛÕ× ÅÍÇÐØ Ì×ÊÏÓÈ COMMENT ÐÛÎØÐÍÊØÉ ÍÊ ÌÊÍÌ×ÊÈà ÏÛÎÛÕ×ÊÉ ÖÍÊ ×ÄÛÏÌÐ× ÈÍ ÐÍÙÛÈ× Û Ø×ÉÓÕÎÛÈ×Ø éÏÍÑÓÎÕ ÛÊ×Û ÓÎ ÈÔ× ÍÇÈØÍÍÊ ÌÍÊÈÓÍÎ ÍÖ ÈÔ× ùÍÏÏÍÎ ûÊ×Û ÍÖ Û ïÇÐÈÓçÎÓÈ ê×ÉÓØ×ÎÙ× úà ÛÐÐÍÅÓÎÕ ÖÍÊ ÛÎ ÍÇÈØÍÍÊ éÏÍÑÓÎÕ ÛÊ×Û Ê×ÉÓØ×ÎÈÉ ÅÓÐÐ ÔÛÆ× Û ÌÐÛÙ× ÈÍ ÕÍ ÅÔ×Ê× ÈÔ×à ÅÓÐÐ ÎÍÈ ×ÄÌÍÉ× ÈÔ×ÓÊ ÖÛÏÓÐà Ï×ÏÚ×ÊÉ ÍÊ ÍÈÔ×Ê Ê×ÉÓØ×ÎÈÉ ÈÍ éÏÍÑ× (a)the area must be located a Reasonable Distance from any Unit or Enclosed Area where Smoking is prohibited by this [article / chapter] or other law;by binding agreement relating to the ownership, occupancy, or use of real property;or by designation ofa Person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the Person designating the Smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A designated Smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established. : èÔÓÉ ÙÐÛÇÉ× ÐÓÏÓÈÉ ÅÔ×Ê× Û éÏÍÑÓÎÕ ÛÊ×Û ÙÛÎ COMMENT Ú× ÐÍÙÛÈ×Ø ÓÎ ÍÊØ×Ê ÈÍ ÌÊ×Æ×ÎÈ ØÊÓÖÈÓÎÕ éÏÍÑ× ÖÊÍÏ ×ÎÈ×ÊÓÎÕ ÉÏÍÑ×ÖÊ×× ÛÊ×ÛÉ ûÉ ÅÊÓÈÈ×Î ÓÈ ÓÎÙÐÇØ×É ÛÊ×ÛÉ ÍÎ Î×ÓÕÔÚÍÊÓÎÕ ÌÊÍÌ×ÊÈà ÈÔÛÈ ÛÊ× Ø×ÉÓÕÎÛÈ×Ø ÛÉ ÎÍÎÉÏÍÑÓÎÕ Úà ÙÍÎÈÊÛÙÈ ×Õ Û ÉÏÍÑ×ÖÊ×× Ð×ÛÉ× È×ÊÏ ÖÍÊ Û Ê×ÎÈÛÐ ÇÎÓÈ Î×ÄÈ ÈÍ ÚÇÈ ÎÍÈ Û ÌÛÊÈ ÍÖ ÈÔ× ïÇÐÈÓçÎÓÈ ê×ÉÓØ×ÎÙ× ÛÎØ ÛÊ×ÛÉ ÍÎ Î×ÓÕÔÚÍÊÓÎÕ ÌÊÍÌ×ÊÈà Model California Ordinance Regulating Smoking in Outdoor Areas—page 15 Technical Assistance Legal Center—June 2009 Ø×ÉÓÕÎÛÈ×Ø ÚÃ Û ÌÊÍÌ×ÊÈà ÍÅÎ×Ê ÍÊ Ð×ÉÉ×× ÛÉ ÎÍÎÉÏÍÑÓÎÕ ×ÕÛ Î×ÓÕÔÚÍÊÓÎÕ ÚÇÉÓÎ×ÉÉ (b)the area must not include, and must be a Reasonable Distance from, Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes; (c)the area must be no more than[ten percent (10%)]of the total Unenclosed Area of the Multi-Unit Residence for which it is designated; (d)the area must have a clearly marked perimeter; (e)the area must be identified by conspicuous signs; (f) the area must be completely within an Unenclosed Area; and (g)the area must not overlap with any Enclosed or Unenclosed Area in which Smoking is otherwise prohibited by this[article/chapter]or other provisions of this Code, state law, or federal law]; and (6) Other Public Places [,when being used for a public event, including a farmers’ market, parade, craft fair, festival, or any other event which may be attended by the general public/, provided that Smoking is permitted on streets and sidewalks beingused in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this [ article / chapter ] or other law]. : èÔÓÉ ÓÉ Û Æ×Êà ÚÊÍÛØ Ê×ÉÈÊÓÙÈÓÍÎ ÅÔÓÙÔ ÙÛÎ COMMENT ÙÛÌÈÇÊ× ÛÐÐ ìÇÚÐÓÙ ìÐÛÙ×É ÈÔÛÈ ÛÊ× ÎÍÈ ÍÈÔ×ÊÅÓÉ× ÉÌ×ÙÓÖÓÙÛÐÐà Ø×ÖÓÎ×Ø ÓÎ ÈÔ× ÍÊØÓÎÛÎÙ× óÖ ÃÍÇÊ ÙÍÏÏÇÎÓÈà ÅÍÇÐØ ÐÓÑ× ÈÍ ÐÓÏÓÈ ÈÔ× éÏÍÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎÉ ÈÍ ìÇÚÐÓÙ ìÐÛÙ×É ÈÔÛÈ ÛÊ× Ú×ÓÎÕ ÇÉ×Ø ÛÉ Û ÌÇÚÐÓÙ ×Æ×ÎÈ ÉÓÈ× ÓÎÙÐÇØ× ÈÔ× ÉÓÎÕÐ×ÇÎØ×ÊÐÓÎ×ØÍÌÈÓÍÎÛÐ ÐÛÎÕÇÛÕ× ãÍÇÊ ÙÍÏÏÇÎÓÈà ÏÛà ÅÓÉÔ ÈÍ ÈÛÓÐÍÊ ÈÔ× ÌÇÚÐÓÙ ×Æ×ÎÈ Ø×ÉÙÊÓÌÈÓÍÎ ÓÎ ÈÔÓÉ É×ÙÈÓÍÎ ÈÍ ÓÎÙÐÇØ× ÛÎØ ÍÊ ÙÊÍÉÉÊ×Ö×Ê×ÎÙ× ÛÎà ×ÄÓÉÈÓÎÕ ÐÍÙÛÐ Ì×ÊÏÓÈ ÍÊØÓÎÛÎÙ× Ê×ËÇÓÊ×Ï×ÎÈÉ èÔÓÉ Ø×ÖÓÎÓÈÓÍÎ ÍÖ ìÇÚÐÓÙ ìÐÛÙ× ÓÉ ÛÐÉÍ ÚÊÍÛØ ×ÎÍÇÕÔ ÈÍ ÙÍÆ×Ê ÉÈÊ××ÈÉ ÛÎØ ÉÓØ×ÅÛÐÑÉ ×Æ×Î ÅÔ×Î ÈÔÍÉ× ÛÊ×ÛÉ ÛÊ× ÎÍÈ ÇÉ×Ø ÛÉ ÛÎ ×Æ×ÎÈ ÉÓÈ× ÍÊ ÈÍ ÌÊÍÆÓØ× Û É×ÊÆÓÙ× ÈÍ ÈÔ× ÌÇÚÐÓÙ óÖ ÃÍÇÊ ÙÍÏÏÇÎÓÈà ØÍ×É ÅÛÎÈ ÉÇÙÔ Û ÚÊÍÛØ Ê×ÉÈÊÓÙÈÓÍÎ ÓÎÙÐÇØ× ÈÔ× ØÍÇÚÐ×ÇÎØ×ÊÐÓÎ×ØÍÌÈÓÍÎÛÐ ÐÛÎÕÇÛÕ× ê×ÕÛÊØÐ×ÉÉ ÍÖ ÅÔÓÙÔ ÍÌÈÓÍÎ ÃÍÇ ÓÎÙÐÇØ× ÓÎ ÃÍÇÊ ÍÊØÓÎÛÎÙ× éÏÍÑÓÎÕ ÍÎ ÉÍÏ× ÉÈÊ××ÈÉ ÛÎØ ÉÓØ×ÅÛÐÑÉ ÅÓÐÐ Ú× Ê×ÉÈÊÓÙÈ×Ø Úà ÈÔ× ÍÊØÓÎÛÎÙ× ÓÖ ÈÔ×à ÛÊ× ÅÓÈÔÓÎ ÈÔ× ê×ÛÉÍÎÛÚÐ× øÓÉÈÛÎÙ× Ê×ËÇÓÊ×Ï×ÎÈ ÍÊ ÉÇÚÒ×ÙÈ ÈÍ ÛÎÍÈÔ×Ê ÎÍÎÉÏÍÑÓÎÕ ÐÛÅ óÖ ÃÍÇ ÅÍÇÐØ ÐÓÑ× ÈÍ ÖÇÊÈÔ×Ê ÙÇÉÈÍÏÓÂ× ÈÔ× éÏÍÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎÉ ÓÎ ÃÍÇÊ ÙÍÏÏÇÎÓÈà ÉÇÙÔ ÛÉ Ê×ÉÈÊÓÙÈÓÎÕ éÏÍÑÓÎÕ ÓÎ Ù×ÊÈÛÓÎ ÙÍÏÏ×ÊÙÓÛÐ ØÓÉÈÊÓÙÈÉ ÍÊ ×ÉÈÛÚÐÓÉÔÓÎÕ ©ÉÏÍÑ×Êɪ ÛÊ×Ûɨ ÛÌÌÊÍÌÊÓÛÈ× ÐÛÎÕÇÛÕ× ÙÛÎ Ú× ÓÎÙÐÇØ×Ø Model California Ordinance Regulating Smoking in Outdoor Areas—page 16 Technical Assistance Legal Center—June 2009 ÓÎ ÈÔÓÉ ÉÇÚÉ×ÙÈÓÍÎ ìÐ×ÛÉ× ÙÍÎÈÛÙÈ èûðù ÖÍÊ ÛÉÉÓÉÈÛÎÙ× ÓÎ ØÊÛÖÈÓÎÕ ÐÛÎÕÇÛÕ× ÈÍ ÖÓÈ ÈÔ× Î××ØÉ ÍÖ ÃÍÇÊ ÙÍÏÏÇÎÓÈà (b) Nothing in this [article/chapter] prohibits any Person, Employer,or Nonprofit Entity with legal control over any property from prohibiting Smoking [andTobacco Product use]onany part of such property, even if Smoking [ or the use of Tobacco Products] is not otherwise prohibited in that area. [(c)The Directorof[]or his/herdesigneeshall engage in an ongoingeducational program to explain and clarify the purposes and requirements of this[article/chapter], as well as providing guidanceto Persons,Employers, and Nonprofit Entitiesaboutcompliance. However, lack of such education shallnotbe adefense to a violation of this[article/chapter ].] : èÔÓÉ ÍÌÈÓÍÎÛÐ ÌÊÍÆÓÉÓÍÎ ÅÍÇÐØ Ê×ËÇÓÊ× ÈÔÛÈ ÈÔ× COMMENT ÙÓÈà ÍÊ ÙÍÇÎÈà ÌÊÍÆÓØ× ×ØÇÙÛÈÓÍÎ ÈÍ ÈÔÍÉ× ÛÖÖ×ÙÈ×Ø Úà ÈÔÓÉ ÍÊØÓÎÛÎÙ× ãÍÇ ÉÔÍÇÐØ ÓØ×ÎÈÓÖà ÅÔÓÙÔ ÕÍÆ×ÊÎÏ×ÎÈ ÍÖÖÓÙÓÛÐ ÉÔÍÇÐØ Ú× ÓÎ ÙÔÛÊÕ× ÍÖ ÈÔÓÉ ÌÊÍÕÊÛÏ Sec. [____(*3)].REASONABLE SMOKING DISTANCE REQUIRED (a)Smoking in all Unenclosed Areas shall be prohibited within a Reasonable Distance from any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking is prohibited, except while actively passing on the way to another destination and provided Smoke does not enter any Enclosed Area in which Smoking is prohibited. : èÔÓÉ ÙÊ×ÛÈ×É Û ÚÇÖÖ×Ê ÂÍÎ× ÛÊÍÇÎØ ÷ÎÙÐÍÉ×Ø COMMENT ÉÏÍÑ×ÖÊ×× ÛÊ×ÛÉ ÛÐÐÍÅÓÎÕ éÏÍÑÓÎÕ ÍÎÐà ÓÖ ÌÛÉÉÓÎÕ ÈÔÊÍÇÕÔ ÈÔ× ÂÍÎ× (b)Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance from any Unenclosed Areas in which Smoking isprohibited under Sec. [____(*2)]of this [article/chapter], except while actively passing on the way to another destination and provided Smoke does not enter any Unenclosed Area in which Smoking is prohibited. [(c)The prohibitions in subdivisions (a) and (b)shall not apply to Unenclosed Areas of private residential properties that are not Multi-Unit Residences.] : éÇÚÉ×ÙÈÓÍÎ Ù ÓÉ ÍÌÈÓÍÎÛÐ ÓÎÙÐÇØ× ÓÈ ÓÖ ÃÍÇ COMMENT ÅÛÎÈ ÈÍ ÛÐÐÍÅ éÏÍÑÓÎÕ ÍÎ ÌÊÓÆÛÈ× Ê×ÉÓØ×ÎÈÓÛÐ ÌÊÍÌ×ÊÈà ÈÔÛÈ ÓÉ ÐÍÙÛÈ×Ø ÅÓÈÔÓÎ ÈÔ× ê×ÛÉÍÎÛÚÐ× øÓÉÈÛÎÙ× ÌÛÊÛÏ×È×ÊÉ ûÉ ÅÊÓÈÈ×Î ÉÇÚÉ×ÙÈÓÍÎÉ Û ÛÎØ Ú ÅÍÇÐØ ÌÊÍÔÓÚÓÈ éÏÍÑÓÎÕ ÍÎ ÌÊÓÆÛÈ× Ê×ÉÓØ×ÎÈÓÛÐ ÌÊÍÌ×ÊÈà ÍÈÔ×Ê ÈÔÛÎ ÏÇÐÈÓ ÇÎÓÈ ÔÍÇÉÓÎÕ ÅÓÈÔÓÎ ÈÅ×ÎÈÃÖÓÆ× Ö××È ÍÖ ÛÎ ÛÊ×Û ÓÎ ÅÔÓÙÔ éÏÍÑÓÎÕ ÓÉ ÌÊÍÔÓÚÓÈ×Ø öÍÊ ×ÄÛÏÌÐ× ÓÖ Û ÚÛÙÑÃÛÊØ ÍÖ Û ÌÊÓÆÛÈ× ÔÍÏ× ÛÚÇÈÈ×Ø ÛÎ ÛÊ×Û ÅÔ×Ê× éÏÍÑÓÎÕ ÓÉ ÌÊÍÔÓÚÓÈ×Ø ÉÇÚ×ÙÈÓÍÎÉ Û ÛÎØ Ú ÅÓÐÐ ÌÊÍÔÓÚÓÈ éÏÍÑÓÎÕ ÓÎ ÈÔÛÈ ÌÊÓÆÛÈ× ÚÛÙÑÃÛÊØ Model California Ordinance Regulating Smoking in Outdoor Areas—page 17 Technical Assistance Legal Center—June 2009 Sec. [____(*4)].OTHER REQUIREMENTS AND PROHIBITIONS (a)No Person, Employer, or Nonprofit Entity shall knowingly permit Smoking [ or the use of Tobacco Products] in an area which is under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking [ or the use of Tobacco Products] is prohibited by law, unless otherwise required by state or federal law. : èÔÓÉ ÌÊÍÆÓÉÓÍÎ ÏÛÑ×É ÛÎÃÍÎ× ÅÔÍ ÓÉ ÓÎ ÙÍÎÈÊÍÐ COMMENT ÍÖ ÛÎ ÛÊ×Û Ê×ÉÌÍÎÉÓÚÐ× ÖÍÊ ÛÎà éÏÍÑÓÎÕ ØÍÎ× ÓÎ ÆÓÍÐÛÈÓÍÎ ÍÖ ÈÔÓÉ ÛÎØ ÍÈÔ×Ê ÎÍÉÏÍÑÓÎÕ ÐÛÅÉ èÔÇÉ ×ÎÖÍÊÙ×Ï×ÎÈ ÛÙÈÓÍÎÉ ÙÛÎ Ú× ÈÛÑ×Î ÛÕÛÓÎÉÈ Û úÇÉÓÎ×ÉÉ ÐÛÎØÐÍÊØ ÷ÏÌÐÍÃ×Ê ÍÊ îÍÎÌÊÍÖÓÈ ÷ÎÈÓÈà ÓÎ ÛØØÓÈÓÍÎ ÈÍ ÈÔ× ÓÎØÓÆÓØÇÛÐ ÈÍÚÛÙÙÍ ÇÉ×Ê ÓÖ ÈÔ×à ÑÎÍÅÓÎÕÐà ÚÊ×ÛÑ ÈÔ× ÐÛÅ (b)No Person, Employer, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the Person, Employer or Nonprofit Entity and in which Smoking [ or the use of Tobacco Products] is prohibited by law, including, without limitation, within a Reasonable Distance required by this [article/chapter] from any area in which Smoking [ or the use of Tobacco Products] is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of Smoking [ or theuse of Tobacco Products] in violation of any provision of this [article/chapter]. (c)No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking is prohibited, including inside the perimeter ofany Reasonable Distance required by this [article/chapter]. (d)A Person, Employer, or Nonprofit Entity that has legal or de facto control of an Unenclosed Area in which Smoking [or the use of Tobacco Products]is prohibited by this [article/chapter]shall post a clear, conspicuous and unambiguous “No Smoking” [or No Use of Tobacco Products]or “Smokefree” [ or “Tobacco-Free”] sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the Reasonable Distance requirement set forth in Sec. [ ___ (*3) ]. [At least one sign with the[City/County]phone number where complaints can be directed must be conspicuously posted in each place in which Smoking is prohibited.] For purposes of this section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the [City /County]. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of Smoking [ or the use of Tobacco Products] in violation of any other provision of this [article/chapter]. : ùÍÏÏÇÎÓÈÓ×É ÙÍÎÙ×ÊÎ×Ø ÛÚÍÇÈ ×ÎÖÍÊÙ×Ï×ÎÈ COMMENT ÛÎØ ÅÓÈÔ ÈÔ× ÖÇÎØÉ ÈÍ ÌÊÓÎÈ ÐÍÙÛÐ ÉÓÕÎÉ ÏÛà ÅÓÉÔ ÈÍ ÓÎÙÐÇØ× ÈÔ× ÚÊÛÙÑ×È×Ø É×ÎÈ×ÎÙ× ÅÔÓÙÔ Ê×ËÇÓÊ×É ÉÓÕÎÉ ÈÍ Model California Ordinance Regulating Smoking in Outdoor Areas—page 18 Technical Assistance Legal Center—June 2009 ÔÛÆ× ÈÔ× ÌÔÍÎ× ÎÇÏÚ×Ê ÖÍÊ ÙÍÏÌÐÛÓÎÈÉ îÍÈ× ÈÔÛÈ ÈÔÓÉ ÅÓÐÐ Ú× ÏÍÊ× ×ÄÌ×ÎÉÓÆ× ÈÔÛÎ ÇÉÓÎÕ ÉÈÛÎØÛÊØ ÉÓÕÎÉ (e) No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with this [article/chapter]. (f) Each instance of Smoking [or Tobacco Product use] in violation of this [article/ chapter] shall constitute a separate violation. For violations other than for Smoking, each day of a continuing violation of this [article/chapter] shall constitute a separate violation. Sec. [____(*5)]. PENALTIES AND ENFORCEMENT. (a) The remedies provided by this [article/chapter] are cumulative and in addition to any other remedies available at law or in equity. : èÔ× ÖÍÐÐÍÅÓÎÕ ÌÊÍÆÓÉÓÍÎÉ ÛÊ× Ø×ÉÓÕÎ×Ø ÈÍ ÍÖÖ×Ê COMMENT Û ÆÛÊÓ×Èà ÍÖ ÍÌÈÓÍÎÉ ÈÍ ÈÔ× ØÊÛÖÈ×Ê ÛÎØ ÈÍ ÈÔ× ×ÎÖÍÊÙÓÎÕ ÛÕ×ÎÙà øÊÛÖÈ×ÊÉ ÏÛà ÙÔÍÍÉ× ÈÍ ÓÎÙÐÇØ× ÉÍÏ× ÍÊ ÛÐÐ ÍÖ ÈÔ×É× ÍÌÈÓÍÎÉ íÎÙ× ÈÔ× ÍÊØÓÎÛÎÙ× ÓÉ ×ÎÛÙÈ×Ø ÈÔ× ×ÎÖÍÊÙÓÎÕ ÛÕ×ÎÙà ÅÓÐÐ ÔÛÆ× ÈÔ× ØÓÉÙÊ×ÈÓÍÎ ÈÍ ÙÔÍÍÉ× ÅÔÓÙÔ ×ÎÖÍÊÙ×Ï×ÎÈ ÈÍÍÐÉ ÈÍ ÇÉ× ûÉ Û ÌÊÛÙÈÓÙÛÐ ÏÛÈÈ×Ê ÈÔ×É× ×ÎÖÍÊÙ×Ï×ÎÈ ÍÌÈÓÍÎÉ ÅÍÇÐØ ÎÍÈ Ú× ÛÌÌÐÓ×Ø ÉÓÏÇÐÈÛÎ×ÍÇÉÐà ÛÐÈÔÍÇÕÔ ÏÇÐÈÓÌÐ× Ê×Ï×ØÓ×É ÏÓÕÔÈ Ú× ÇÉ×Ø ÛÕÛÓÎÉÈ Û ÌÛÊÈÓÙÇÐÛÊÐà ×ÕÊ×ÕÓÍÇÉ ÆÓÍÐÛÈÍÊ ÍÆ×Ê ÈÓÏ× (b) Each incident of Smoking [ or use of TobaccoProducts] in violation of this [article/ chapter] is an infraction subject to a [one hundred dollar ($100)] fine [ or otherwise punishable pursuant to section ___ of this code]. Other violations of this [article/chapter] may, in the discretion of the [City Prosecutor/District Attorney], be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this ____ chapter shall be the responsibility of []. In addition, any peace officer or code enforcement official also may enforce this chapter. : èÔ× ÖÓÊÉÈ É×ÎÈ×ÎÙ× ×ÉÈÛÚÐÓÉÔ×É ÈÔ× Ì×ÎÛÐÈà ÖÍÊ COMMENT ÈÔ× ÙÍÊ× ÈÃÌ× ÍÖ ÆÓÍÐÛÈÓÍÎ éÏÍÑÓÎÕ ÅÔ×Ê× ÓÈ ÓÉ ÌÊÍÔÓÚÓÈ×Ø èÔ× ÖÓÎ× ÛÏÍÇÎÈ ÙÛÎ Ú× ÏÍØÓÖÓ×Ø ÚÇÈ ÙÛÎÎÍÈ ×ÄÙ××Ø ÖÍÊ Û ÖÓÊÉÈ ÓÎÖÊÛÙÈÓÍÎ óÈ ÓÉ É×ÌÛÊÛÈ×Ø ÖÊÍÏ ÈÔ× ÏÛÓÎ ×ÎÖÍÊÙ×Ï×ÎÈ ÌÊÍÆÓÉÓÍÎ ÈÔÛÈ ÖÍÐÐÍÅÉ ÉÍ ÈÔÛÈ ÐÛÅ ×ÎÖÍÊÙ×Ï×ÎÈ ÍÖÖÓÙ×ÊÉ ÙÛÎ ÉÓÏÌÐà ÅÊÓÈ× Û ÈÓÙÑ×È ÖÍÊ ÓÐÐ×ÕÛÐ éÏÍÑÓÎÕ èÔ× É×ÙÍÎØ É×ÎÈ×ÎÙ× ÉÍÏ×ÈÓÏ×É ÙÛÐÐ×Ø Û ©ÅÍÚÚÐ×ʨ ÛÖÖÍÊØÉ ÈÔ× ÌÊÍÉ×ÙÇÈÓÎÕ ÛÈÈÍÊÎ×à ØÓÉÙÊ×ÈÓÍÎ ÅÔ×ÈÔ×Ê ÈÍ ÌÇÊÉÇ× Û ÆÓÍÐÛÈÓÍÎ ÛÉ ÛÎ ÓÎÖÊÛÙÈÓÍÎ ÐÓÑ× Û ÌÛÊÑÓÎÕ ÈÓÙÑ×È ÍÊ Û ÏÓÉØ×Ï×ÛÎÍÊ Û ÙÊÓÏ× ÌÇÎÓÉÔÛÚÐ× Úà ÇÌ ÈÍ Û ÖÓÎ× ÛÎØ ÍÊ ÉÓÄÏÍÎÈÔÉ ÓÎ ùÍÇÎÈà òÛÓÐ ûÐÈ×ÊÎÛÈÓÆ×Ðà ÆÓÍÐÛÈÓÍÎÉ ÙÛÎ Ú× É×È ÛÉ either ÛÎ ÓÎÖÊÛÙÈÓÍÎ ÍÊ Û ÏÓÉØ×Ï×ÛÎÍÊ ÓÎ ÛÐÐ ÙÓÊÙÇÏÉÈÛÎÙ×É ïÓÉØ×Ï×ÛÎÍÊÉ ÛÊ× ÏÍÊ× É×ÊÓÍÇÉ ÙÊÓÏ×É ÖÍÊ ÅÔÓÙÔ Û ÒÇÊà ÈÊÓÛÐ ÓÉ ÛÆÛÓÐÛÚÐ× ÈÍ Ø×Ö×ÎØÛÎÈÉ öÓÎ×É ÛÎØ ÍÈÔ×Ê ÙÊÓÏÓÎÛÐ Ì×ÎÛÐÈÓ×É ÛÊ× ×ÉÈÛÚÐÓÉÔ×Ø Úà ÈÔ× ì×ÎÛÐ ùÍØ× ÛÎØ ÛÊ× ÈÃÌÓÙÛÐÐà Ê×ÖÐ×ÙÈ×Ø ÓÎ ÈÔ× Õ×Î×ÊÛÐ ÌÇÎÓÉÔÏ×ÎÈÉ ÌÊÍÆÓÉÓÍÎ ÍÖ Û ÐÍÙÛÐ ÙÍØ× Model California Ordinance Regulating Smoking in Outdoor Areas—page 19 Technical Assistance Legal Center—June 2009 èÔÓÉ ÌÊÍÆÓÉÓÍÎ ÛÐÉÍ Ø×ÉÓÕÎÛÈ×É Û ÌÊÓÏÛÊà ×ÎÖÍÊÙ×Ï×ÎÈ ÛÕ×ÎÙà ÅÔÓÙÔ ÓÉ Ê×ÙÍÏÏ×ÎØ×Ø ÚÇÈ Ê×ÏÛÓÎÉ ÖÐ×ÄÓÚÐ× Úà Ì×ÊÏÓÈÈÓÎÕ ÛÎà ×ÎÖÍÊÙ×Ï×ÎÈ ÛÕ×ÎÙà ÈÍ ×ÎÖÍÊÙ× ÈÔ× ÐÛÅ (c) Violations of this [article/chapter] are subject to a civil action brought by the [City ____ of ], punishable by a civil fine not less than [two hundred fifty dollars ($250)] /County and not exceeding [one thousand dollars ($1,000)] per violation. : èÔÓÉ ÌÊÍÆÓÉÓÍÎ ÌÊÍÆÓØ×É ÙÓÆÓÐ ÖÓÎ×É ÖÍÊ ÆÓÍÐÛÈÓÎÕ COMMENT ÈÔ× ÍÊØÓÎÛÎÙ× óÈ Ê×ËÇÓÊ×É ÈÔÛÈ Û ÈÊÛØÓÈÓÍÎÛÐ ÙÓÆÓÐ ÉÇÓÈ Ú× ÖÓÐ×Ø Úà ÈÔ× ÙÓÈà ÍÊ ÙÍÇÎÈà ÌÍÉÉÓÚÐà ÓÎ ÉÏÛÐÐ ÙÐÛÓÏÉ ÙÍÇÊÈ èÔ× ÖÓÎ× ÛÏÍÇÎÈÉ ÙÛÎ Ú× ÛØÒÇÉÈ×Ø ÚÇÈ ÙÛÎÎÍÈ ×ÄÙ××Ø Ì×Ê ÆÓÍÐÛÈÓÍÎ é×× ùÛÐÓÖÍÊÎÓÛ õÍÆ×ÊÎÏ×ÎÈ ùÍØ× É×ÙÈÓÍÎ (d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this [article/chapter] shall also constitute a violation of this [article/chapter]. : èÔÓÉ ÓÉ ÉÈÛÎØÛÊØ ÐÛÎÕÇÛÕ× ÈÔÛÈ ÓÉ ÈÃÌÓÙÛÐÐà COMMENT ÓÎÙÐÇØ×Ø ÓÎ Û ÙÓÈà ÍÊ ÙÍÇÎÈà ÙÍØ× ÛÎØ ÏÛà Ú× ÍÏÓÈÈ×Ø ÓÖ ØÇÌÐÓÙÛÈÓÆ× ÍÖ ×ÄÓÉÈÓÎÕ ÙÍØ× ÌÊÍÆÓÉÓÍÎÉ (e) Any violation of this [article/chapter] is hereby declared to be a nuisance. : úà ×ÄÌÊ×ÉÉÐà Ø×ÙÐÛÊÓÎÕ ÈÔÛÈ Û ÆÓÍÐÛÈÓÍÎ ÍÖ ÈÔÓÉ COMMENT ÍÊØÓÎÛÎÙ× ÓÉ Û ÎÇÓÉÛÎÙ× ÈÔÓÉ ÌÊÍÆÓÉÓÍÎ ÛÐÐÍÅÉ ×ÎÖÍÊÙ×Ï×ÎÈ ÍÖ ÈÔ× ÍÊØÓÎÛÎÙ× Úà ÈÔ× ÙÓÈà ÍÊ ÙÍÇÎÈà ÆÓÛ ÈÔ× ÛØÏÓÎÓÉÈÊÛÈÓÆ× ÎÇÓÉÛÎÙ× ÛÚÛÈ×Ï×ÎÈ ÌÊÍÙ×ØÇÊ×É ÙÍÏÏÍÎÐà ÖÍÇÎØ ÓÎ ÏÇÎÓÙÓÌÛÐ ÙÍØ×É îÍÈ× ÈÔÛÈ ÈÔÓÉ Ø×ÙÐÛÊÛÈÓÍÎ Ï×Ê×Ðà ÉÛÃÉ ÈÔÛÈ violating ÈÔ× ÍÊØÓÎÛÎÙ× ËÇÛÐÓÖÓ×É ÛÉ Û ÎÇÓÉÛÎÙ× ×Õ ÅÔ×Î éÏÍÑÓÎÕ ÓÎ Û ê×ÙÊ×ÛÈÓÍÎÛÐ ûÊ×Û ÈÔ× violation ÓÉ ÈÔ× ÎÇÓÉÛÎÙ× ÎÍÈ ÈÔ× Smoke óÈ ÓÉ ÎÍÈ ÈÔ× ÉÛÏ× ÈÔÓÎÕ ÛÉ Û ÐÍÙÛÐ ÍÊØÓÎÛÎÙ× Ø×ÙÐÛÊÓÎÕ éÏÍÑ× Û ÎÇÓÉÛÎÙ× ìÐ×ÛÉ× ÙÍÎÈÛÙÈ èûðù ÖÍÊ ÏÍÊ× ÓÎÖÍÊÏÛÈÓÍÎ ÍÎ ÔÍÅ Û ÐÍÙÛÐ ÍÊØÓÎÛÎÙ× ÙÛÎ Ø×ÙÐÛÊ× ÈÔÛÈ ÛÐÐ ÎÍÎÙÍÎÉ×ÎÉÇÛÐ ×ÄÌÍÉÇÊ× ÈÍ É×ÙÍÎØÔÛÎØ ÉÏÍÑ× ÓÉ Û ÎÇÓÉÛÎÙ× (f) In addition to other remedies provided by this [article/chapter] or by other law, any violation of this [article/chapter] may be remedied by a civil action brought by the [City Attorney/County Counsel], including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. : óÈ ÓÉ ÙÍÏÏÍÎ ÈÍ ÌÊÍÆÓØ× ÈÔÛÈ ÈÔ× ÐÍÙÛÐ COMMENT ÕÍÆ×ÊÎÏ×ÎÈ’É ÐÛÅÃ×ÊÉ ÏÛà ÕÍ ÈÍ ÙÍÇÊÈ ÈÍ É××Ñ ÓÎÒÇÎÙÈÓÍÎÉ ÛÎØ ÍÈÔ×Ê Ì×ÎÛÐÈÓ×É ÓÎ ÛØØÓÈÓÍÎ ÈÍ ÖÓÎ×É èÔ× ×ÄÌÊ×ÉÉ ÌÊÍÆÓÉÓÍÎ ÖÍÊ ÓÎÒÇÎÙÈÓÆ× Ê×ÐÓ×Ö ÐÍÅ×ÊÉ ÈÔ× ÉÔÍÅÓÎÕ Ê×ËÇÓÊ×Ø ÈÍ ÍÚÈÛÓÎ Û ÌÊ×ÐÓÏÓÎÛÊà ÍÊ Ì×ÊÏÛÎ×ÎÈ ÓÎÒÇÎÙÈÓÍÎ ÛÉ Ø×ÉÙÊÓÚ×Ø ÓÎ IT Corp. v. County of Imperial ùÛÐ Ø Model California Ordinance Regulating Smoking in Outdoor Areas—page 20 Technical Assistance Legal Center—June 2009 û ÌÇÚÐÓÙ ÛÕ×ÎÙà ÉÔÍÇÐØ ÈÔÓÎÑ ÙÛÊ×ÖÇÐÐà ÛÚÍÇÈ ÈÔ× ÎÇÓÉÛÎÙ× ÛÚÛÈ×Ï×ÎÈ ÌÊÍÙ×ØÇÊ× ÓÈ ÙÔÍÍÉ×É ÓÎ ×ÎÖÍÊÙÓÎÕ ÈÔÓÉ ÍÊØÓÎÛÎÙ× ÛÖÈ×Ê ÓÈ ÓÉ ÛØÍÌÈ×Ø û ÐÍÙÛÐ ÕÍÆ×ÊÎÏ×ÎÈ ÏÛà ÌÊÍÆÓØ× ÖÍÊ ÈÊ×ÚÐ× ØÛÏÛÕ×É ÖÍÊ ÈÔ× É×ÙÍÎØ ÍÊ ÉÇÚÉ×ËÇ×ÎÈ ÎÇÓÉÛÎÙ× ÛÚÛÈ×Ï×ÎÈ ÒÇØÕÏ×ÎÈ ÅÓÈÔÓÎ Û ÈÅÍ Ã×ÛÊ Ì×ÊÓÍØ ÛÉ ÐÍÎÕ ÛÉ ÈÔ× ÍÊØÓÎÛÎÙ× ÓÉ ×ÎÛÙÈ×Ø ÌÇÊÉÇÛÎÈ ÈÍ õÍÆ×ÊÎÏ×ÎÈ ùÍØ× É×ÙÈÓÍÎ é×× õÍÆ×ÊÎÏ×ÎÈ ùÍØ× É×ÙÈÓÍÎ èÊ×ÚÐ× ØÛÏÛÕ×É ÛÊ× ÎÍÈ ÛÆÛÓÐÛÚÐ× ÔÍÅ×Æ×Ê ÇÎØ×Ê ÈÔ× ÛÐÈ×ÊÎÛÈÓÆ× ÎÇÓÉÛÎÙ× ÛÚÛÈ×Ï×ÎÈ ÌÊÍÙ×ØÇÊ×É ÓÎ õÍÆ×ÊÎÏ×ÎÈ ùÍØ× É×ÙÈÓÍÎ ÎÇÓÉÛÎÙ× ÛÚÛÈ×Ï×ÎÈ ÐÓ×ÎÉ ÛÎØ ô×ÛÐÈÔ éÛÖ×Èà ùÍØ× É×ÙÈÓÍÎ ÛÚÛÈ×Ï×ÎÈ ÍÖ ÉÇÚÉÈÛÎØÛÊØ ÚÇÓÐØÓÎÕÉ õÍÆ×ÊÎÏ×ÎÈ ùÍØ× É×ÙÈÓÍÎ ÛÇÈÔÍÊÓÂÓÎÕ ÈÊ×ÚÐ× ØÛÏÛÕ×É ×ÉÈÛÚÐÓÉÔ×ÉÛ ÌÊÍÙ×ØÇÊ× ÖÍÊ ÎÇÓÉÛÎÙ× ÛÚÛÈ×Ï×ÎÈ ÅÔ×Ê× ÈÔ× ÙÍÉÈ ÍÖ ÈÔ× ÛÚÛÈ×Ï×ÎÈ ÙÛÎ Ú× ÙÍÐÐ×ÙÈ×Ø ÆÓÛ ÈÔ× ÌÊÍÌ×ÊÈà ÈÛÄ ÊÍÐÐ ÛÉ Û ÉÌ×ÙÓÛÐ ÛÉÉ×ÉÉÏ×ÎÈ ÛÕÛÓÎÉÈ ÈÔ× ÌÊÍÌ×ÊÈà ÍÎ ÅÔÓÙÔ ÈÔ× ÆÓÍÐÛÈÓÍÎ ÍÙÙÇÊÉ [(g)Except as otherwise provided, enforcement of this[article/chapter]is at the sole discretion of the[City/County].Nothing in this[article/chapter]shall create a right of action in any Person against the[City/County]or its agents to compel public enforcement of this[article/chapter]against private parties.] : èÔÓÉ ÓÉ ÛÎ ÍÌÈÓÍÎÛÐ ÌÊÍÆÓÉÓÍÎ ÅÔÓÙÔ ÏÛÑ×É COMMENT ÙÐ×ÛÊ ÈÔÛÈ Û ùÓÈà ÍÊ ùÍÇÎÈà ÙÛÎÎÍÈ Ú× ÐÓÛÚÐ× ÈÍ ÛÎà ì×ÊÉÍÎ ÖÍÊ ÖÛÓÐÇÊ× ÈÍ ×ÎÖÍÊÙ× ÈÔ× éÏÍÑÓÎÕ Ê×ÉÈÊÓÙÈÓÍÎÉ ÓÎ ÈÔÓÉ ÍÊØÓÎÛÎÙ× (h) Any Person acting for the interests of itself, its members, or the general public may bring a civil action to enjoin a violation of this [article/chapter] by a landlord, Employer, Business, or Nonprofit Entity or to enjoin repeat violations of this [article/chapter] by an individual. : èÔÓÉ ÌÊÍÆÓÉÓÍÎ ×ÎÛÚÐ×É ÌÊÓÆÛÈ× ÙÓÈÓÂ×ÎÉ ÈÍ ÕÍ ÈÍ COMMENT ÙÍÇÊÈ ÈÍ É××Ñ compliance ÅÓÈÔ ÈÔ× ÍÊØÓÎÛÎÙ× ÈÔÊÍÇÕÔ ÛÎ ÓÎÒÇÎÙÈÓÍÎ Û ÙÍÇÊÈ ÍÊØ×Ê ÈÍ ØÍ ÍÊ ÎÍÈ ØÍ ÉÍÏ×ÈÔÓÎÕ ïÍÎ×à ØÛÏÛÕ×É ÛÊ× ÎÍÈ ÛÎ ÛÆÛÓÐÛÚÐ× Ê×Ï×Øà ú×ÙÛÇÉ× ÛÎ ÓÎÒÇÎÙÈÓÍÎ ÓÉ ÈÔ× ÍÎÐà Ê×Ï×Øà ÛÆÛÓÐÛÚÐ× ÉÏÛÐÐ ÙÐÛÓÏÉ ÙÍÇÊÈ ÓÉ ÎÍÈ ÛÎ ÛÌÌÊÍÌÊÓÛÈ× Æ×ÎÇ× ÖÍÊ ÖÓÐÓÎÕ Û ÐÛÅÉÇÓÈ ÇÎØ×Ê ÈÔÓÉ ÌÊÍÆÓÉÓÍÎ îÍÈ× ÈÔÛÈ ÅÔÓÐ× Û ÐÛÎØÐÍÊØ ÷ÏÌÐÍÃ×Ê úÇÉÓÎ×ÉÉ ÍÊ îÍÎÌÊÍÖÓÈ ÷ÎÈÓÈà ÏÛà Ú× ÉÇ×Ø ÖÍÊ ÍÎ× ÆÓÍÐÛÈÓÍÎ ÍÖ ÈÔÓÉ ÍÊØÓÎÛÎÙ× ÛÎ ÓÎØÓÆÓØÇÛÐ ÙÛÎ Ú× ÉÇ×Ø ÍÎÐà ÖÍÊ Ê×Ì×ÛÈ ÆÓÍÐÛÈÓÍÎÉ èÔÓÉ ÐÓÏÓÈÛÈÓÍÎ ÓÉ ÓÎÈ×ÎØ×Ø ÈÍ ÛØØÊ×ÉÉ ÙÍÎÙ×ÊÎÉ ÛÚÍÇÈ ÈÔ× ÌÍÈ×ÎÈÓÛÐ ÖÍÊ ÛÚÇÉÓÆ× ÐÛÅÉÇÓÈÉ SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY. It is the intent of the [City Council/Board of Supervisors] of the [City/County] of [____] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or Model California Ordinance Regulating Smoking in Outdoor Areas—page 21 Technical Assistance Legal Center—June 2009 circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences,clauses or phrases of this ordinance, or its application to any other person or circumstance. The [City Council/Board of Supervisors] of the [City/County] of [____] hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. : èÔÓÉ ÓÉ ÉÈÛÎØÛÊØ ÐÛÎÕÇÛÕ× COMMENT Model California Ordinance Regulating Smoking in Outdoor Areas—page 22 Technical Assistance Legal Center—June 2009 SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: October 6, 2010 DEPARTMENT:CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: John F. Livingstone, AICPJohn F. Livingstone, AICP SUBJECT:One Year Extension of Urgency Ordinance for Medical Marijuana Dispensaries RECOMMENDED ACTION: Receive and approvethis staff report regarding measures taken thus far to alleviate the condition that led to adoption and first extension of the November 18, 2009 urgency ordinance for medical marijuana dispensaries(MMDs) and adopt an ordinance extending the temporary moratorium on the establishment of MMDsfor one year. BACKGROUND: As reported in the November 18, 2009 Staff Report, the City of Saratoga has received several inquiries from prospective MMD operators. The City of Saratoga’s Code does not specifically address the regulation or location of medical marijuana dispensaries or list MMDs as a permitted use or conditionally permitted use in any zoning district. At the public hearing on November 18, 2009, the City Council heard testimony from the Community DevelopmentDirector and Captain Calderone ofthe Santa Clara County Sheriff’s Officeregarding adverse impacts associated with MMDs experienced bysome local jurisdictions, including increases in loitering, burglaries and robberies, and the resultingincreases in service calls to law enforcement.The City Council also heard testimony from interested citizens in favor and opposed to the establishment of MMDs in the City. After the public hearing, the Council approved an urgency ordinance adopting a 45-day moratorium on the establishment of MMDs,in order to protect the public health, safety and welfare and to provide the City time to determine whether to adopt an ordinance regulating the location or operation of MMDs. On December 16, 2009,a second public hearing was conducted extending the moratorium for ten months and 15 daysto November 17, 2010. DISCUSSION: The City may extend the interim moratorium on MMDs for an additional year, if the City follows the procedures of Government Code § 65858(a) and (c),which require: Notice pursuant to Government Code § 65090. A public hearing to address the proposed extension. Approval of the extension by a four-fifths vote. Findings “that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivision, use permits, variances, building permits, or any other applicable entitlement for usewhich is required in order to comply with the zoning ordinance would result in that threat to public health, safety, or welfare.” In accordance with Government Code § 65090,notice of the public hearing to consider the extension of the moratorium was published in the Saratoga NewsonSeptember 21, 2010. Since adoption of the urgency ordinance, staff has begun evaluating the City’s options for regulating MMDs, as directed by the Council. Specifically, staff has commenced the following measures to alleviate the conditions that led to the adoption of the interim ordinance: Consultingwith the City Attorney regarding relevant state and federal case law on medical marijuana dispensaries and legally appropriate rules and regulations addressing medical marijuana dispensaries in the City; Reviewingsecondary sources on medical marijuana dispensaries, including, but not limited to, the California Attorney General’s August 2008 “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use;” Collectingand reviewingmedical marijuana dispensary ordinances from other California municipalities; Researchinglaws and enactments in other states regarding medical marijuana; Researchingoperation of existing medical marijuana dispensaries in other municipalities and counties;and Researchingoptionsof adopting a regulatory ordinance permitting the operation of medical marijuana dispensariesor prohibiting the use. Staff expects to continue these activities during the extension of the moratorium. In addition, staff expects to prepare recommendations and related ordinances, staff reports and other documentation, as necessary, for consideration by the City Council. The City Attorney continues to monitor developments regarding legal issues that will help the city understand the framework for legally appropriate regulation. In August, 2010, the Court of Appeal for the Fourth Districtissued an opinion inQualified Patients Ass’n v. City of Anaheim, Case No. G040077.Qualified Patients involves a challenge by a medical marijuana dispensary to a ban enacted by the City of Anaheim.The court of appealheld that the federal Controlled Substances Act, 21 U.S.C. §801et seq..does not preempt California state law decriminalizing marijuana for medical purposes. However, the court declined to decide whether state law preempts the City of Anaheim's ban on medical marijuana dispensaries,because it found the issue was not directlypresented by the appeal.In additionto Qualified Patients, severalother cases relevant to the issue of the scope of cities’ authority to regulate MMDsare making their way through the state and federal courts.Accordingly, considerablelegal uncertainty regarding local regulation of medical marijuana still exists, and may be resolved during the extension of the City’s moratorium. In staff’s view, the current and immediate threat to the public health, safety and welfare described in the November 18, 2009 staff report and by the Community DevelopmentDirector and Captain Calderoneat the November 18, 2009 public hearing continue to exist. The City’s zoning code does not contain regulations specifically addressed to MMDs, and without such regulations, any approval of an MMD could conflict with the requirements of the General Plan, zoning ordinance, forthcoming City regulations or state law, and result in irreversible land use incompatibility and adverse impacts to City residents, patients and businesses. The currentmoratorium will expire on November17, 2010, unless the City Council adopts the proposed ordinance extending the moratorium.Based upon the ongoing uncertainty regarding the legal statusof MMDsand their regulation by local governments, as well as evidence of the continued threat to the public health, safety and welfareof unregulated establishment of MMDs in the City, staff recommends that the City extend the temporary moratorium as authorized by Government Code 65858. ENVIRONMENTAL ASSESSMENT: The proposed moratorium ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planningstudy be undertaken. FISCAL IMPACT: Instituting a study of medical marijuana dispensaries will require a significant commitment of staff time. While funding this staff time will not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. The City Attorney has estimated legal fees to advise staff during the studyat approximately $7,000.00.Failure to adopt a moratorium could require the commitment of additional police resources to deal with any criminal issues associated with MMDs. Subsequent adoption of a licensing requirement could increase staffing costs which could be offset by license fees. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site inadvance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.Notice of this meeting was published in the Saratoga News on September 21, 2010. ATTACHMENTS: 1.November 18, 2009 Staff Report re: Adoption of Urgency Ordinance for Medical Marijuana Dispensaries 2.December 16, 2009 Staff Report re: Extension of Urgency Ordinance for Medical Marijuana Dispensaries 3.Urgency Ordinance Adopted November 18, 2009and December 16, 2009 4.Proposed Urgency Ordinance Extension SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: November 18, 2009 DEPARTMENT:CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: John F. Livingstone, AICPJohn F. Livingstone, AICP SUBJECT:Urgency Ordinance for Medical Marijuana Dispensaries RECOMMENDED ACTION: Adopt the proposed interim urgency ordinance placing a 45 day moratorium on the establishment of medical marijuana dispensaries in order to provide the City of Saratoga with timeto determine whether to adopt an ordinance regulating the location or operation of medical marijuana dispensaries. BACKGROUND: The City of Saratoga has received several inquiries from prospective medical marijuana dispensary operators. The City of Saratoga’s Code does not specifically address the regulation or location of medical marijuana dispensaries or list medical marijuana dispensaries as a permitted use or conditionally permitted use in any zoning district. InCalifornia, somecities that have permitted the establishment of medical marijuana dispensarieshave reported adverse impacts on public health, safety, and welfare, including an increase in crimes such as loitering, illegal drug activity, burglaries, robberies and other criminal activity within and around dispensaries, as well as increased pedestrian and vehicular traffic, noise and parking violations. Some local jurisdictions also report that medical marijuana dispensaries increasedemands for police response, as well as maintenance of public streets and sidewalks. Therefore, staff is proposing the adoption of an interim urgency ordinance imposing a moratorium on the approval, commencement, establishment of medical marijuana dispensaries until such time staff is able to study the issue andpresent recommendations to the City Council. DISCUSSION: In November 1996, California voters enacted “The Compassionate Use Act of 1996,” also known as Proposition 215, codified at Health and Safety Code Section 11362.5 etseq. Proposition 215 allows a person to cultivate and possess marijuana for medical purposes with a doctor’s recommendation without violating certain state criminal laws regarding possession or cultivation of marijuana. Page 1of 4 In October 2003, the State Legislature adopted Senate Bill 420, the Medical Marijuana Program Act, which, among other things, exempts from certain state criminal sanctions individuals engaged in collective and cooperative cultivation of medical marijuana. The Medical Marijuana Program Act went into effect on January 1, 2004. In 2008, the California Attorney General issued guidelines regarding lawful operation of cooperatives and collectives, including organizing under appropriate business forms, generating no profits and complying with state tax law and local business license requirements. The Attorney General advised that only dispensaries that comply with the recommendations in its guidelines would be protected from criminal liability under existing state law. The manufacture, distribution, or possession of marijuana is a federal criminal offense pursuant to the federal Controlled Substances Act, 21 U.S.C. § 801 et seq. The Controlled Substances Act may be enforced by federal authorities against persons possessing or using marijuana, regardless of the protections offered by the Compassionate Use Act and Medical Marijuana Program Act. However, earlier this year, the United States Attorney General announced his intention to ease enforcement of the Controlled Substances Act against medical marijuana dispensaries, and the United States Department of Justice recently issued a memorandum stating that federal resources should not be focused on prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for medical use of marijuana. The Compassionate Use Act, the Medical Marijuana Program Act and the recent pronouncements from federal prosecutors, have fostered interest in the establishment of medical marijuana dispensaries, including within the City of Saratoga andsurrounding cities. Medical marijuana dispensaries have been established throughout California and the Bay Area, including in San Francisco, Oakland, and Santa Cruz. As a result of the presence of medical marijuana dispensaries, some local agencies havereported increases in illegal drug activity, illegal drug sales, robberies of persons leaving the dispensaries, loitering around dispensaries, falsely obtained identification cards, and other criminal activity. Some local agencies also report increased demands for police response, as well as maintenance of public streets and sidewalks, in areas surrounding medical marijuana dispensaries. The City of Saratoga currently does not have regulations regarding licensing for persons seeking to establish a medical marijuana dispensary. Further, the City of Saratoga Municipal Code does not specifically address the regulation or location of medical marijuana dispensaries, and a medical marijuana dispensary is not a type of use which is specifically defined in theCity of Saratoga’s zoning code regulations. Based upon the experiences of other local jurisdictions and the rapidly evolving law governing medical marijuana, staff recommends that the City adopt a moratorium on medical marijuana dispensaries until staff has the opportunity to further study the issue and advise the City Council regarding options for legally appropriate and effective regulation. The scope of the study resulting from the moratorium may include, but not limited to, the following: 1.Review processes used by other cities and counties when considering applications from persons seeking to open and operate a medical marijuana dispensary; Page 2of 4 2.Determine whether to establish licensing and criminal background check processes for proposed operators and employees of a medical marijuana dispensary; 3.Decide if licensing needs to be regularly renewed; 4.Determine in which zoning districts, if any, medical marijuana dispensaries might be allowed to operate; 5.Decide whether to prohibit medical marijuana dispensaries from locating near schools or other sensitive uses; 6.Decide whether medical marijuana dispensaries should be located a minimum distance from other medical marijuana dispensaries; 7.Potential regulations regarding the operation, hours, security features, and other conditions for the operation of medical marijuana dispensaries; and 9.Other related issues. The adoption of a moratorium will give staff sufficient time to study this issue and prevent medical marijuana dispensaries from locating in the City of Saratoga until proper procedures and regulations are established. Government Code Section 65858 allows a jurisdiction to adopt a zoning ordinance that prohibits any uses that conflict with a contemplated zoning proposal that the City Council, Planning Commission, or Planning Division is considering or studying or intends to study within a reasonable time to protect the public safety, health, and welfare. The urgency ordinance requires a four-fifths vote of the City Council for adoption and shall be effective for no more than 45 days. The City Council may further extend the urgency ordinance for 10 months and 15 days after a noticed public hearing, and may subsequently extend the urgency ordinance for one additional year. Ten days prior to the expiration of the ordinance, the City must issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. Staff estimates that it will take 12 to 18 months to study issues related to medical marijuana dispensaries; therefore, it is likely that staff will return to the City Council with a request for a extension of the ordinance. ENVIRONMENTAL ASSESSMENT: The proposed moratorium ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. FISCAL IMPACT: Page 3of 4 Instituting a study of medical marijuana dispensaries will require a significant commitment of staff time. While funding this staff time will not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. Failure to adopt a moratorium could require the commitment of additional staff and police resources to deal with any criminal issues associated with medical marijuana dispensaries. Subsequent adoption of a licensing requirement could increase staffing costs which could be offset by license fees. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1.Proposed Urgency Ordinance Page 4of 4 SARATOGA CITY COUNCIL MEETING DATE:AGENDA ITEM: December 16, 2009 DEPARTMENT:CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: John F. Livingstone, AICPJohn F. Livingstone, AICP SUBJECT:Extension ofUrgency Ordinance for Medical Marijuana Dispensaries RECOMMENDED ACTION: Receive and approvethis staff report regarding measures taken thus far to alleviate the condition that led to adoption of the November 18, 2009 urgency ordinance for medical marijuana dispensaries(MMDs) and adopt an ordinance extending for ten months and 15 days the temporary moratorium on the establishment of MMDs. BACKGROUND: As reported in the November 18, 2009 Staff Report, the City of Saratoga has received several inquiries from prospective MMD operators. The City of Saratoga’s Code does not specifically address the regulation or location of medical marijuana dispensaries or list MMDs as a permitted use or conditionally permitted use in any zoning district. At the public hearing on November 18, 2009, the City Council heard testimony from the Community DevelopmentDirector and Captain Calderone ofthe Santa Clara County Sheriff’s Officeregarding adverse impacts associated with MMDs experienced by some local jurisdictions, including increases in loitering, burglaries and robberies, and attendant increases in service calls to law enforcement.The City Council also heard testimony from interested citizens in favor and opposed to the establishment of MMDs in the City. After the public hearing, the Council approved an urgency ordinance adopting a 45-day moratorium on the establishment of MMDs,in order to protect the public health, safety and welfare and to provide the City time to determine whether to adopt an ordinance regulating the location or operation of MMDs. The November 18, 2009 City Council Staff Report is attached as Attachment 1, and the ordinanceis attached as Attachment 2. DISCUSSION: The City may extend the interim moratorium on MMDs for ten months and 15 days, and subsequently for an additional year, if the City follows the procedures of Government Code § 65858(a) and (c),which require: Page 1of 4 Notice pursuant to Government Code § 65090. A public hearing to address the proposed extension. Approval of the extension by a four-fifths vote. Findings “that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivision, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with the zoning ordinance would result in that threat to public health, safety, or welfare.” In accordance with Government Code § 65090notice of the public hearing to consider the extension of the moratorium was published in the Saratoga NewsonDecember 1, 2009. Since adoption of the urgency ordinance, staff has begun evaluating the City’s options for regulating MMDs, as directed by the Council. Specifically, staff has commenced the following measures to alleviate the conditions that led to the adoption of the interim ordinance: Consultingwith the City Attorney regarding relevant state and federal case law on medical marijuana dispensaries and legally appropriate rules and regulations addressing medical marijuana dispensaries in the City; Reviewingsecondary sources on medical marijuana dispensaries, including, but not limited to, the California Attorney General’s August 2008 “Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use;” and Collectingand reviewingmedical marijuana dispensary ordinances from other California municipalities. City staff anticipates adding the following measures during the remaining period of the moratorium: Research laws and enactments in other states regarding medical marijuana; Research operation of existing medical marijuana dispensaries in other municipalities and counties; Research optionsof adopting a regulatory ordinance permitting the operation of medical marijuana dispensariesor prohibiting the use; and Prepare recommendations and related ordinances, staff reports and other documentation, as necessary, for consideration by the City Council. The City Attorney is still in the process of evaluating the relevant legal issues and developing guidance for legally appropriate regulation.The federal Department of Justice recently issued a memorandum encouragingU.S. attorneys in California not tospend resources enforcingthe federal Controlled Substances Act against individuals who are in compliance withstate medical marijuana laws; however, there is currently considerable uncertainty regarding the legal statusof dispensaries and the scope of federal and state preemption with respect to local regulation of medical marijuana. A case currently pending before the Court of Appeal for the Fourth District, Qualified Patients Ass’n v. City of Anaheim, Case No. G040077, may resolve at least some of the legalissues.Qualified Patients involves a challenge by a medical marijuana dispensary to a ban enacted by the City of Anaheim.A decision in that case is expected in December 2009.In addition, the California Supreme Court recently heard oral argument in a case that invalidated portions of the Medical Marijuana Program Act(MMPA)dealing with amount limits on Page 2of 4 possession of marijuana on the grounds that it unconstitutionally amends the Compassionate Use Act, and several cases relevant to the issue of the scope of cities’ authority to regulate MMDsare making their way through the state courts.Accordingly, some of the legal uncertainty regarding local regulation of medical marijuana may be resolved during the extension of the City’s moratorium. In staff’s view, the current and immediate threat to the public health, safety and welfare described in the November 18, 2009 staff report and by the Community DevelopmentDirector and Captain Calderoneat the November 18, 2009 public hearing continue to exist. The City’s zoning code does not contain regulations specifically addressed to MMDs, and without such regulations, any approval of an MMD could conflict with the requirements of the General Plan, zoning ordinance, forthcoming City regulations or state law, and result in irreversible land use incompatibility and adverse impacts to City residents, patients and businesses. The 45-day moratorium will expire on January 2, 2010, unless the City Council adopts the proposed ordinance extending the moratorium (Attachment 3).Based upon the ongoing uncertainty regarding the legal statusof MMDsand their regulation by local governments, as well as evidence of the continued threat to the public health, safety and welfare of unregulated establishment of MMDsin the City, staff recommends that the City extend the temporary moratorium as authorized by Government Code65858. Staff estimates that it will take 12 to 18 months to study issues related to MMDs; therefore, it is likely that staff will return to the CityCouncil with a request for anothermoratorium extension. ENVIRONMENTAL ASSESSMENT: The proposed moratorium ordinance is exempt from review under the California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal will not result in a direct or reasonably foreseeable indirect physical change in the environment, and only directs that a planning study be undertaken. FISCAL IMPACT: Instituting a study of medical marijuana dispensaries will require a significant commitment of staff time. While funding this staff time will not require an additional appropriation, it will require staff to adjust its priorities in working on other issues. The City Attorney has estimated legal fees to advise staff during the studyat approximately $7,000.00.Failure to adopt a moratorium could require the commitment of additional police resources to deal with any criminal issues associated with MMDs. Subsequent adoption of a licensing requirement could increase staffing costs which could be offset by license fees. FOLLOW UP ACTION: As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Page 3of 4 Notice of the public hearing was published in the Saratoga Newson December 1, 2009 and notice of this meeting was properly posted. ATTACHMENTS: 1.November 18, 2009 Staff Report re: Adoption of Urgency Ordinance for Medical Marijuana Dispensaries 2.Urgency Ordinance Adopted November 18, 2009 3.Proposed Urgency Ordinance Extension Page 4of 4 AN INTERIM URGENCY ORDINANCE CREATING A TEMPORY MORATORIUM RESTRICTING MEDICAL MARIJUANA DISPENSARIES FROM BEING LOCATED IN THE CITY OF SARATOGA, TO TAKE EFFECT IMMEDIATELY BEFORE THE CITY COUNCIL OF THE CITY OF SARATOGA THE CITY COUNCIL OF THE CITY OF SARATOGA FINDS AND DECLARES AS FOLLOWS: WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5, et seq., and entitled “The Compassionate Use Act of 1996” (“the Act”); and WHEREAS, the intent of the Act was to enable seriously ill persons to obtain, use and cultivate marijuana for medical use under limited, specified circumstances; and WHEREAS, on January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (“MMPA”), became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with the MMPA and the Act; and WHEREAS, as a result of the Act and the MMPA, individuals have established medical marijuana dispensaries in various cities in California, and WHEREAS, on June 6, 2005, the United States Supreme Court found in Gonzales v. Raich, 125 S. Ct. 2195 (2005) there to be no legally recognizable medical necessity exception under the Federal Controlled Substances Act to the prohibition of possession, use, manufacture, or distribution of marijuana under federal law, and WHEREAS, in February 2009 the U.S. Attorney General stated that federal law enforcement official would ease enforcement at medicalmarijuana dispensaries, and in October 2009, the U.S. Department of Justice issued a memorandum stating that federal resources should not be focused on prosecution of individuals whose actions are in clear and unambiguous compliance with existing state laws providing for medical use of marijuana, and WHEREAS, while the experiences in the regulation and policing of medical marijuana dispensaries have varied from city to city, several California cities have reported an increase in crime, such as burglary, robbery, odor, loitering around the dispensaries, an increase in vehicular traffic and noise in the vicinity of dispensaries, and the sale of illegal drugs, including the illegal resale of marijuana from dispensaries, in the areas immediately surrounding such medical marijuana dispensaries, and WHEREAS, The City of Saratoga has not adopted rules and regulations specifically applicable to the establishment and operation of medical marijuana dispensaries and the 1 lack of such controls may lead to an establishment of dispensaries and the inability for the City to regulate these establishments in a manner that will protect the general public, homes and businesses adjacent and near such businesses, and the patients or clients of such establishments, and WHEREAS, based on the lack of any consistent experience of cities statewide and in the absence of any regulatory program in the City regarding the review of the establishment and operation of medical dispensaries, the City should consider whether negative effects on the public health, safety, and welfare may occur in the City of Saratoga as a result of the operation of medical marijuana dispensaries and the lack of appropriate regulations governing the establishment and operation of such facilities, and WHEREAS, City staff requires time to evaluate the relevant issues and develop guidance for legally appropriate regulation, and WHEREAS, the establishment of, or the issuance or approval of any permit, certificate of occupancy, or other entitlement for the legal establishment of a medical marijuana dispensary in the City of Saratoga will result in a current and immediate threat to public health, safety and welfare in that the Saratoga Municipal Code does not currently regulate the location and operation of medical marijuana dispensaries and does not have a regulatory program in effect that will appropriately regulate the location, establishment, and operation of medical dispensaries in the City, and WHEREAS, there is no feasible alternative to satisfactorily study thepotential impact identified above as well or better than the adoption of this interim urgency moratorium ordinance. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Saratoga as follows: SECTION 1.For purposes of this ordinance, “medicalmarijuana dispensary” means any for profit or not-for-profit facility or location, whether permanent or temporary, where the owner(s) or operator(s) intends to or does possess and distribute marijuana for any purpose. SECTION 2.For the period of this ordinance, or any extension thereof, a medical marijuana dispensary shall be considered a prohibited use in any zoning district of the City, even if located within an otherwise permitted use. No permits or authorizations for a medical marijuana dispensary shall issue while this ordinance is in effect. SECTION 3.The City Manager or his designees shall: (1) review and consider options for the regulation of medical marijuana dispensaries in the City, including, but not limited to, the development of appropriate rules and regulations governing the location and operation of such establishments in the City; (2) meet with medical patients, advocates, law enforcement representatives, and other interested parties; 2 and (3) provide to the City Council a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance. SECTION 4.The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant toCEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated Municipal Code review. SECTION 5.This interimurgency ordinance is adopted pursuant to Section 65858 of the California Government Code. SECTION 6.This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 7.If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word in this Ordinance or any part hereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction such decision shall not affect the validity of effectiveness of the remaining portions of the Ordinance or any part hereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared unconstitutional. SECTION 8.This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [Continued next page.] 3 The foregoingordinance was introduced and read at the regular meeting of the City th Council of the City of Saratoga held on the 18day of November, 2009, and was adopted by at least a four-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ CHUCK PAGE MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 4 CITY OF SARATOGA ORDINANCE NO ___ AN INTERIM URGENCY ORDINANCE EXTENDING THETEMPORARY MORATORIUM RESTRICTINGMEDICAL MARIJUANA DISPENSARIES FROM BEING LOCATED IN THE CITY OF SARATOGA,TO TAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF THE CITY OF SARATOGA FINDS AND DECLARES AS FOLLOWS: WHEREAS, the possession, cultivation, possession for sale, transportation, distribution, furnishing, and giving away of marijuana is generally unlawful under Californialaw; and WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5et seq.,and entitled “The Compassionate Use Act of 1996” (“the Act”); and WHEREAS, the intent of the Act was to enable seriously ill persons to obtain, use and cultivate marijuana for medical use under limited, specified circumstances; and WHEREAS, on January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (“MMPA”), codified at Health and Safety Code Section 11362.7 et seq.,became effective to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with the MMPA and the Act; and WHEREAS,the MMPAestablishes alimiteddefense to criminal prosecution for qualified patients, persons with valid identification cards and primary caregivers as those terms are defined in the statute who collectively or cooperatively cultivate medical marijuana; and WHEREAS, as a result of the Act and the MMPA, individuals have established medical marijuana dispensaries in various cities in California;and WHEREAS, there is considerable uncertainty regarding the legal status ofmedical marijuana dispensaries and local government authority to regulate them underexisting state law; and WHEREAS, in August 2010, the Court of Appeal for the Fourth District issued an opinion inQualified Patients Ass’n v. City of Anaheim, Case No. G040077,holding that the federal Controlled Substances Act, codified at21 USC section 801 et seq.,does not preempt state law decriminalizing marijuana for medical purposes, but declining to reach the question of whether the City of Anaheim’s ban on medical marijuana dispensaries is preempted by state law;and WHEREAS, litigation currently pending in the Californiaand federalcourtsmay resolve or clarify some of the legal issues regarding regulation of medical marijuana dispensaries;and WHEREAS, while the experiences in the regulation and policing of medical marijuana dispensaries have varied from city to city, several California citieshave reported an increase in crime, such as burglary, robbery, odor, loitering around the dispensaries, an increase in vehicular traffic and noise in the vicinity of dispensaries, and the sale of illegal drugs, including the illegal resale of marijuana from dispensaries, in the areas immediately surrounding suchmedical marijuana dispensaries;and WHEREAS, there are no medical marijuana dispensaries currently operating in the City, but City staff has received inquiries from several persons regarding whether such a use is permitted by the City; WHEREAS, a current and immediate threat to the public health, safety and welfare exists because the City has not adopted rules and regulations specifically applicable to the establishment and operation of MMDs and the lackof such controls may lead to the establishment of MMDsand the inability for the City to regulate these establishments in a manner that will protect the general public, homes and businesses adjacent and near such businesses, and the patients orclients of such establishments;and WHEREAS, based on the lack of any consistent experience of cities statewide and in the absence of any regulatory program in the City regarding the review of the establishment and operation of medical dispensaries,the Cityshould consider options for regulating MMDs;and WHEREAS, on November 18, 2009, the City Council adopted by a unanimous vote an interim ordinance imposing as an urgency measure a moratorium on granting approvals and entitlements for use for medical marijuana dispensaries; and WHEREAS, on December 16, 2009, the City Council adopted by a unanimous vote anextension of thatinterim ordinance for a period of ten months and fifteen days; and WHEREAS, pursuant to Government Code section 65858, the interim ordinance willexpire on November17, 2010, unless extended by the Council for an additional period of one year; and WHEREAS, City staff requiresadditionaltime to evaluate the relevant issues and develop guidance for legally appropriate regulation, and WHEREAS, the establishment of, or the issuance or approval of any permit, certificate of occupancy, or other entitlement for the legal establishment of a medical marijuana dispensary in the City of Saratoga would result in a current andimmediate threat to public health, safety and welfare in that the Saratoga CityCode does not currently regulate the location and operation of medical marijuana dispensaries and does not have a regulatory program in effect that will appropriately regulate the location, establishment, and operation of medical dispensaries in the City, and WHEREAS, this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)3 (there is no possibility that the activity in question may have a significant effect on the environment) and 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated City Code review; and WHEREAS, there is no feasible alternative to satisfactorily study the potential impact identified above as well or better than the adoption of this interim urgency moratorium ordinance, in accordance with Government Code section 65858, extending the ordinance adopted December 16, 2009 until November 17, 2011,or such additional period as may subsequently be authorized by the City Council in accordance with applicable laws. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Saratoga asfollows: SECTION 1. Section 6 of the interim urgency ordinance adopted by the Saratoga City Council on November 18, 2009 is hereby amended to state the following: SECTION 6. This interim urgency ordinance shall continue ineffect until November 17,2011and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 2. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. SECTION 3. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City th Council of the City of Saratoga held on the 6day of October 2010, and was adopted by at least a four-fifths (4/5) vote of the City Council as follows: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ KATHLEEN KING MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: October 6, 2010 DEPARTMENT: CITY MANAGER: Community DevelopmentDave Anderson PREPARED BY:DIRECTOR: John F. Livingstone, AICPJohn F. Livingstone, AICP SUBJECT:Formation of anEconomic Development Community Advisory Committee RECOMMENDED ACTION: Review report and direct Staff accordingly. REPORT SUMMARY: st City Council meeting during Oral Communications on Non-Agenda Items a At the July21 resident asked theCity Council to create a committee to promote new retail establishments in the Village. Councilmember Chuck Pageexpressed interest in appointingavolunteer citizen committee to advisethe Council onthe issue.The City Council requested that staff agendize the item for formal discussion at a City Council meeting. DISCUSSION: The City Council may direct staff on the formation and goals of the committee. FISCAL IMPACTS: The formation of a Community Advisory Committee would require minimal staff time. ACity Council member or staff could attend the meetings in an advisory capacity. Work generated from the committee would be implemented as part of the staff work program. The Brown Act would apply to an advisory committeerequiring some noticing. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no Committee to work onissues related to Economic Development in the City. ALTERNATIVE ACTION: Continue to rely upon the existing Economic Development programs and activities. FOLLOW UPACTION: Page 1of 2 As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s web site in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.Notice of this meeting was published in the Saratoga Newspaper on April 20th. ATTACHMENTS: None Page 2of 2 SARATOGA CITY COUNCIL MEETING DATE: AGENDA ITEM: October 6, 2010 DEPARTMENT: CITY MANAGER: City ManagerDave Anderson PREPARED BY:DIRECTOR: Richard Taylor, City AttorneyDave Anderson SUBJECT:Consider Legislation to Correct Underfunding of State Property Tax Equity Allocations (TEA) to Saratoga, Monte Sereno, Cupertino, and Los Altos Hills RECOMMENDED ACTION: Authorize the Mayor to appoint a two person City Council ad hoccommittee to work with Monte Sereno, Cupertino, and Los Altos Hills in a collaborative effort to support legislationthat would put the cities’TEA property tax allocationson an equal footing with comparableCalifornia citiesand direct staff to prepare budget amendments authorizing funding to support the legislative effort. REPORT SUMMARY: During the City Council’s September 15, 2010 meeting with Assemblymember Jim Beall, he indicated that the legislature may be receptive to considering legislation that would ultimately place Saratoga, Monte Sereno, Cupertino, and Los Altos Hills on an equal footing with comparable California citieswith respect to TEA property tax allocations. The recommended action would allow the City to begin working to build support for such legislation. DISCUSSION: Saratoga, Monte Sereno, Cupertino, and Los Altos Hills receive a substantially smaller share of Tax Equity Allocation (TEA) funds than all other comparable cities in California. This is due to decisions made in response to the passage of Proposition 13 in 1978. The shortfall was partially reduced by Assembly Bill 117 in 2006. Known as the TEA Legislation, the bill assured the affected cities a higher percentage of property tax revenues. In 2007 this increased funding to the City by roughly $830,000.Assembly Member Cohn sponsored the bill which resulted from a joint effort of the City of Saratoga, Santa Clara County,Cupertino, Monte Sereno and Los Altos Hills. While the TEA legislation brought greater equity to the TEA allocations, it required the cities toshare with the State (through the ERAF) a greater portion of their property tax revenues than other jurisdictions. Assemblymember Beall is considering legislation what would remove this special requirementso that Saratoga and the other affected cities 1 would be treated the same over time as all other cities that receive TEA funding. At least one other affected city has already expressed interest in this issue. On September 21, 2010 the Cupertino City Council considered a report from its Fiscal Strategic Plan Committee as a result of the Hewlett Packard relocation to Palo Alto. One of the recommendations approved by Cupertino was direction to its City Manager to explore legislation to address this issue. Assembly Bill 117 was passed largely as a resultof a strong and coordinated effort of the fouraffected cities working with the legislative affairs firm of Joe Gonsalves and Son in Sacramento and Greg Sellers to coordinate efforts at the local level.If Council wishes to support new TEA legislation staff recommends that the City consider using a similar approach. This would involve creating an ad hoc committee of two Council members to work with other affected cities. The City would alsoretainGreg Sellers and the Gonsalves firmto leverage their expertise in this area from the AB 117 effort in assisting the cities in supporting new legislation. The City would consult with Santa Clara County as well but theCounty’sinvolvement will not be as significant as in the AB 117 legislative effort because, unlike AB 117, the proposed legislationwould have no effect on County revenues. FISCAL IMPACTS: If the City of Saratoga chooses to move forward with an effort to fully restore the TEA funding base using the same four city approach used in 2005-06 the costs are anticipated to be similar.Costs among the Cities were apportioned by the proportion of TEA Funds received by each City: Cupertino 52.78% Saratoga 29.75% Los Altos Hills 9.72% Monte Sereno 7.75% Costs for the legislative consultant in Sacramento was $3,000/mo, engaged in the fall preceding the legislative session through the end of the next legislative session.Costs for the local legislative consultant was $4,000/mo, engaged in the fall preceding the legislative session through the end of the next legislative session.The Local legislative consultant also received a success fee upon the passage of the legislation and signature by the Governor to be paid from the increased revenue stream. ALTERNATIVES: Provide staff with alternative direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City’s TEA allocations will remain unchanged. 2 FOLLOW UP ACTION: Mayor to appoint ad hoc committee and staff to place budget amendments on next consent calendar. The adhoc will work with Cupertino, Monte Sereno and Los Altos Hills and staff will work to retain the Gonsalves firm and Greg Sellars (if available). ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City’s website in advance of the meeting.A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-lineby opting in at www.saratoga.ca.us. Notice of this meeting was properly posted at City Hall and published in the Saratoga News. ATTACHMENTS: 1.TEA Fact Sheet 3 Tax Equity Allocation(TEA) Santa Clara County/Los Altos Hills, Monte Sereno, Saratoga, Cupertino Fact Sheet ÐÎÑÞÔÛÓ THIS REQUEST When Proposition 13 passed in 1978, it froze The ERAF rate that the County was remitting was property taxes at their current levels. This action 47.7%, compared to the rate for the four separate created significant problems for cities that at the cities, which ranged from 7.53% to 17.37%. Due to time had low property tax rates, because they this difference, approximately $2.592 million in couldn’t raise those rates to meet their community property tax dollars is still not vesting to these cities. needs. In Santa Clara County, four cities were ̸»§ ¿®» ¾»·²¹ ¬®»¿¬»¼ ¼·ºº»®»²¬´§ ¬¸¿² ¬¸» ±¬¸»® significantly below the average rate: Los Altos Hills, ÌÛß ½·¬·» ¿¼¶«¬»¼ ©·¬¸ Í»½¬·±² çè ±º ¬¸» Cupertino, Saratoga and Monte Sereno. Ý¿´·º±®²·¿ 못²«» ¿²¼ Ì¿¨ ݱ¼»ò SUMMARY Í»½¬·±² çè ±º ¬¸» Ý¿´·º±®²·¿ 못²«» ¿²¼ Ì¿¨¿¬·±² Legislative reallocation of scarce property tax ݱ¼» ©¿ °¿»¼ ¬± ½±®®»½¬ ¬¸· ·¬«¿¬·±²ô ¹·ª·²¹ dollars frequently leads to bitter local controversies. ¯«¿´·º·»¼ ½·¬·» ©¸¿¬ · ®»º»®®»¼ ¬± ¿ Ì¿¨ Û¯«·¬§ By repealing Santa Clara County's unique 55% limit ß´´±½¿¬·±² øÌÛß÷ò ׺ ¬¸» ݱ«²¬§ ¿½½»°¬»¼ ¬®·¿´ on TEA funding, AB 117 eliminated a long-standing ½±«®¬ º«²¼·²¹ô ·¬ ¿´± ¸¿¼ ¬± °®±ª·¼» ¿¬ ´»¿¬ éû ±º source of contention between the County and ¬¸» °®±°»®¬§ ¬¿¨ ¬± ·¬ ½·¬·»ò ׳°¿½¬ ¬± ÛÎßÚ its four-no/low cities. ½®»¿¬»¼ ¾§ ¬¸» ¸·º¬ ©»®» ¾¿½µº·´´»¼ ¾§ ¬¸» ¬¿¬»ò Í¿²¬¿ Ý´¿®¿ ݱ«²¬§ ¬±´¼ ·¬ ÌÛß ½·¬·» ¬¸¿¬ ¬¸» ¿³±«²¬ ±º ®»ª»²«» ¬¸» ݱ«²¬§ ©±«´¼ ®»½»·ª» The inconsistency of ERAF requirements for all º®±³ ¬®·¿´ ½±«®¬ º«²¼·²¹ ©±«´¼ ²±¬ ±ºº»¬ ¬¸» TEA cities however still exists. Impacts to ¿³±«²¬ ·¬ ©±«´¼ ´±» ¾§ ¾®·²¹·²¹ ·¬ ÌÛß ½·¬·» «° ERAF as a result of the shift in property tax ¬± éûò should be automatically backfilled by thestate for these last four effected cities per current law, Consequently, legislation was enacted which limited the four TEA cities in Santa Clarato just 55% of like every other county and city in California. The what other TEA cities in the state received. four TEA cities in the Santa Clara County were the only cities in the state disadvantaged by this legislation. ͬ¿ºº ݱ²¬¿½¬æ Ý¿®±´ ߬©±±¼ øìðè÷ éééóíîîê In 2006, Assembly Bill 117 repealed the 55% limit in the County of Santa Clara on Tax Equity Ü¿¬»æ Ò±ª»³¾»® îðô îððé Allocation (TEA) funding for the county's four The State, however, no/low-property-tax cities. P:\SARATOGA\City Manager\TEA Issues\CC TEA Staff Repo 10-6-10 (Draft 09-29-10).doc required the cities to continue to remit the County’s ERAF rate on these funds so that the bill would have no effect on the State budget and would avoid the Appropriations Committee. 4