HomeMy WebLinkAbout101-CC Staff Report no smoking in parks.pdf1
SARATOGA CITY COUNCIL
MEETING DATE: September 15, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John Livingstone, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Adopt Zoning Ordinance Amendment to Article 11-15 to prohibit
smoking in City of Saratoga Parks
RECOMMENDED ACTION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance
amending the Zoning Regulations related to Smoking in City of Saratoga Parks.
REPORT SUMMARY:
On September 1, 2010, the City Council conducted a public hearing and introduced and
approved the ordinance and directed staff to place the matter on the consent calendar at
the next Council meeting. The proposed ordinance is attached.
DISSCUSSION:
The Public Health Institute has prepared a model ordinance restricting smoking and use
of smokeless tobacco products in recreation areas for use by jurisdictions that wish to
prohibit smoking in parks or portions of parks that are not covered by the State law or
that wish to also prohibit smokeless tobacco products. The proposed ordinance is based
on the Public Health Institute model and would prohibit smoking and use of tobacco
products in all City parks.
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:
Preparation of the staff report and ordinance is partially funded through the advance
planning fund. Signs may need to be placed in the parks prohibiting smoking. The
Public Works Department has funding available for signs already in their budget.
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ALTERNATIVES:
Provide staff with alternative direction.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Smoking in public parks would be allowed to the extent consistent with State law.
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 15 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 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:
Proposed Ordinance