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HomeMy WebLinkAbout4.01 Draft Minutes 11-22-1993 ,'\ . . REGULAR MEETING - November 22. 1993 A regular meeting of the city Council of the City of Dublin was held on Monday, November 22, 1993, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:30 p.m., by Mayor Snyder. . * * * ROLL CALL PRESENT: Councilmembers Burton, Houston, Howard, Moffatt and Mayor Snyder. ABSENT: None. . * * * PLEDGE OF ALLEGIANCE Mayor Snyder led the Council, Staff and those present in the pledge of allegiance to the flag. . * * * CUSTOMER SERVICE AWARD FOR DECEMBER (150-90) city Manager Ambrose presented the December Customer Service Award to Donna Arnold, Recreation Department Preschool Instructor. * * * * CONSENT CALENDAR On motion of Cm. Moffatt, seconded by Cm. Burton, and by unanimous vote, the Council took the fallowing actions: Approved Minutes of Regular Meeting of November 8, 1993; Adopted RESOLUTION NO. 124 - 93 AUTHORIZING THE EXECUTION OF A CUSTODY AGREEMENT WITH THE BANK OF CALIFORNIA, N.A. FOR SAFEKEEPING SERVICES FOR PORTFOLIO INVESTMENTS-Federal Treasury Notes , Debentures (600-30) Approved an RFP for the renovation of the original Murray Schoolhouse and the old st. RaYmond's Church and authorized Staff to advertise for consultants (600-30); em. Burton commented that this is a big move and a great moment for all who have been working toward this. Adopted RESOLUTION NO. 125 - 93 RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1993, DECLARING TBE RESULTS TBEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW (630-30) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 416 Reqular Meeting' November 22, 1993 '''''~~' fJ /11 t COPIES TO: . . Received the Financial Report (330-50) for Period Ending october 31, 1993 and adopted RESOLUTION NO. 126 - 93 AMENDING RESOLUTION NO. 80-93 AND DESIGNATING A SPECIAL RESERVE FOR THE MANAGEMENT AND ACCOUNTING OF CEMETERY ENDOWMENT FUNDS TRANSFERRED TO THE CITY OF DUBLIN BY DUBLIN CEMETERY, INC. Approved Warrant Register in the amount of $947,333.18 (300-40). . * . * PUBLIC HEARING - BJ DUBLIN COMMERCIAL GENERAL PLAN AMENDMENT/ PLANNED DEVELOPMENT REZONE/TENTATIVE MAP PA 93-052 (420-30) Cm. Houston announced that he would abstain from participation in the discussions of this issue due to a conflict of interest. Mayor Snyder opened the public hearing. Associate Planner Choy presented the Staff report and advised that this request is for a General Plan Amendment for 5 parcels located near the corner of Dougherty Road and Dublin Boulevard, a Planned Development Rezoning to establish General provisions and Development Regulations for the existing 7.066 acre parcel, and a Tentative Map to divide the existing parcel into 9 separate lots. The property owner, BJ Dublin Commercial, acquired the site in 1988 and at that time, the property was approved for division into 6 separate lots, each averaging 2 acres, with access provided off of the then unbuilt Sierra Lane cul-de-sac. Upon learning of the city's intention to extend Dublin Boulevard to the east of Dougherty Road, Tentative Tract Map 5900 was processed to consolidate the 6 lots into 1 parcel. Primary access and orientation to the newly formed parcel was proposed off of the Dublin Boulevard extension. Mr. Choy advised that PA 93-017 was approved by the Planning Commission on May 25, 1993, allowing the lit acre parcel to be split in two, accommOdating a self-storage project on the northern 4 acre parcel and creating a 7t acre parcel for future retail/service commercial development. The current General Plan Land Use Designation for the site is Business Park/Industrial: outdoor Storage which does not allow retail as a permitted land use. The Applicant is requesting to amend the General Plan Land Use Designation for the property to the Retail/Office and Automotive designation. Mr. Choy explained that Staff and the planning Commission do not feel that the existing designation is appropriate for this area because the parcels are located at one of the major intersections in the city. The Dublin Boulevard extension will not only serve as the major east- west link between the central portion of Dublin and the eastern planning area, but will also serve as one of the primary access routes to the future BART station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 417 Reqular Meeting November 22, 1993 . . Mr. Choy stated the Applicant is requesting approval of a Planned Development (PD) Rezoning to establish the General provisions and Development Regulations for the existing 7.066 acre parcel. Three of the 4 additional properties included within the GPA study are currently zoned C-2 General Commercial, while the fourth parcel, owned by the city of DUblin, is zoned M-l Light Industrial. The city will need to consider rezoning the M-l parcel at the time of sale, to be consistent with adjacent properties and to be consistent with the new GP Land Use Designation. Mr. Choy advised that Staff and the planning commission recommend the establishment of a minimum parcel size of 20,000 square feet. This will preserve adequate building sites for future development, as well as prevent the site from being subdivided into parcels too small to be effectively developed. Lot 2 does not comply with the requirements for effective lot frontage and the Applicant has proposed that the PD District permit an irrevocable Common Access Easement to guarantee vehicular ingress and egress for Lot 2 in lieu of the effective lot frontage requirement. An Irrevocable Common Access and Public utility Easement across Lots 1 and 3 to provide vehicular ingress and egress for Lot 2 would require recordation. The Applicant is requesting approval of Tentative Map Tract 6644 to divide the existing 7.066 acre parcel into 9 separate lots. The western half of the site, comprised of Lots 1-3, is intended to accommodate two large retailers and a small pad lot along the Dougherty Road frontage. The eastern half of the site, comprised of Lots 4-9 will be reserved for 6 smaller lots which will be sold individually to accommodate the development of owner/user, or service commercial type uses. Cm. Burton questioned why the property in front hadn't already been put out to bid so it would open up the front of their property. Mr. Choy advised that in the month of December, the property will be offered to the adjacent property owners in a closed bid first. Cm. Burton commented that he thought this was a nice project. Mr. Ambrose advised that the city had sent a communication to the corner property owner requesting their interest in access through our parcel for access to their property. We are waiting to hear from them before we go out and go through the bid procedure. Chevron previously had an approved plan on this property. Cm. Burton questioned the type of use that will develop on the corner parcel. Mr. Ambrose explained that the Chevron permit had expired. Regardless of the use however, it would be difficult for the corner property to have a driveway directly onto Dublin Boulevard because of its proximity to the intersection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 418 Regular Meeting November 22, 1993 . . em. Burton commented that this is a Planned Development so in order to change it, it would have to go through a rezoning process. He would like to see this corner all under the same theme. John Moore, representing the Applicant stated Mr. Choy had done an excellent job of giving an overview of the project. He commended Staff on their thoroughness and attention to detail. They are in favor of the conditions placed upon them. The conditions are to both parties' benefit. The surplus property on the corner is a concern of theirs. He assured the city council that they will submit a bid. If they successfully buy the 2 parcels, they will readjust the lots. Cm. Burton pointed out that it wasn't very long ago that they came before the council to get this project started. staff has fast- tracked it and he was happy to see this. Mr. Moore requested that the council move forward and approve the project this evening. Cm. Burton commented that Dublin could use all the automobile dealerships he could bring in. Dr. Nagel, Dublin veterinary Hospital, stated he is interested in locating their clinic on this property and would like approval for housing for the veterinary night staff. Mayor Snyder questioned if this had gone through staff with any particular comments. Mr. Choy stated staff had looked at this as an ancillary type of nightkeeper of animals, but we have to be careful as it specificallY states that residential uses are not permitted. This would cause a problem with the GP designation. Cm. Moffatt stated he thought we could allow residential within the commercial category. Mr. Choy stated it doesn't fall within automotive commercial. Cm. Burton questioned his understanding that an apartment would be involved and a person would live there and be on staff at night. Mr. Tong advised that staff needed some clarification. There were some previous general discussions and at that time, they were talking conceptually about a residence as opposed to a caretaker only. An outright residence would raise some GP issues. A caretaker, however, could possibly be folded into the planned Development. Mayor Snyder questioned how this would be different from the residence at the self-storage facility. Mr. Tong advised that if the storage facility use, the caretaker goes away, whereas in this . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 419 changes to a different development, there are . . . . . . . . . . . . Regular Meeting November 22, 1993 . . multiple uses that would occur in the same PD, so you could get situations where residential could be right next to an inappropriate use. staff needs to look at the issues to determine what might be allowed under the PD. Mayor Snyder requested that Dr. Nagel sit down with staff to work out the details. Cm. Burton asked for clarification. He asked if a caretaker would be allowed under what is being proposed. Mr. Tong stated we might be able to modify the PD. Under the current proposal, it is not addressed as permitted or not permitted. Our existing ordinance does not provide for caretakers at the veterinary hospitals, so we would need to specifically discuss this with this PD. This discussion has not occurred. Mr. Tong felt it might be better to work out the clarifications with the general provisions and continue the matter until these details are worked out. Ms. silver stated another possibility would be for the Council to take action on the Negative Declaration which sets the 30 days into motion. Mayor Snyder closed the public hearing. Mr. Tong questioned whether this would need to go back to the planning commission. If not, it could come back at the next city council meeting. Mayor Snyder asked if this would be satisfactory to Mr. Moore. In all likelihood, if the Ordinance is introduced at the December 13th meeting, it probably wouldn't be adopted until mid-January and then not become effective for 30 days. This would put him near early to mid-February. Mr. Moore stated he did not have a problem with the City Council taking action on the Negative Declaration tonight and the zoning issue coming back in the interim. He would have a problem if it has to go back to the Planning commission, though. Ms. Silver stated she did not feel the changes are significant enough that it would have to go back to the Planning Commission. A caretaker could be an ancillary use. On motion of Cm. Burton, seconded by em. Howard, and by unanimous vote (Cm. Houston abstained), the Council adopted RESOLUTION NO. 127 - 93 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANeE FOR PA 93-052 BJ DUBLIN COMMERCIAL GENERAL PLAN AMENDMENT PLANNED DEVELOPMENT RBZONING/TENTATIVE MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 420 November 22, 1993 Regular Meeting . . and RESOLUTION NO. 128 - 93 ADOPTING PA 93-052 BJ DUBLIN COMMERCIAL GENERAL PLAN AMENDMENT On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote (Cm. Houston abstained), the Council continued the introduction of the Planned Development Rezone Ordinance to the Council meeting of December 13, 1993. . * * . PUBLIC HEARING - SMOKING POLLUTION CONTROL ORDINANCE (560-90) Mayor Snyder opened the public hearing. Management Assistant Barker presented the staff Report and advised that the Tri-Valley Council, comprised of representatives from the Cities of Dublin, Danville, San Ramon, Pleasanton and Livermore is attempting to create a uniform smoking pollution control ordinance for all cities in the Tri-Valley area. This action came about primarily from health issues as a result of the determination that secondhand smoke is a Class A carcinogen for which there is no safe exposure level. A model ordinance prepared by the American Lung Association would prohibit smOking in all restaurants, bars and all places of emplOYment (including bingo halls, amusement arcades, bowling alleys, movie theater lobbies and common areas of condominium and apartment complexes). It would also ban cigarette vending machines. Mr. Barker discussed the issue of liability under the Americans with Disabilities Act and stated it would be difficult for an individual to bring legal action against the city under this Act as all city owned and operated facilities are designated as smoke free. Mr. Barker referenced the differences between the City's existing ordinance and the proposed ordinance and advised that the City council has the ability to amend the model ordinance as it deems appropriate. One of the central concerns about the strictness of the model ordinance deals with exempting bars which don't have a restaurant attached. Mr. Barker discussed the recent smoking ordinance survey which was sent out via the Chamber of Commerce newsletter and then subsequently with the City's business license renewal certificates. Based on the number of responses to each question, the survey showed: 34% were Dublin residents - 66% were not; 99% work in Dublin - 1% do not; 69% support a stronger ordinance - 31% do not; 77% support smoke free work places - 23% do not; 75% support smoke free restaurants - 25% do not; 48% support smoke free bars - 52% do not; 65% support a ban of vending machines - 35% do not. with regard to bingo in a school facility, it would not be regulated under the city's Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 421 Regular Keeting November 22, 1993 . . Ms. Silver discussed the doctrine of intergovernmental immunity. The city cannot adopt regulations related to other entities of the state. It is up to the School Board to determine whether smoking is to be allowed at bingo games held at school facilities. Mr. Rankin advised that section 5.56.110 of the city's ordinance discusses this. The city has asked the School District to voluntarily comply. When the city gets complaints, we have to send them to the School District. Cm. Moffatt asked if private clubs and churches would be covered. Ms. Silver stated the Ordinance applies to all public places in the City. A church is a public place. They are subject to the Zoning ordinance and the city's other regulations. She saw no reason why they would not be covered. A private club which is not open to the pUblic might be different. Cm. Burton asked if the surveys which came back identified who completed them. Mr. Barker responded yes, the name of the person was on the survey. Mayor Snyder advised that speaker slips had been provided and he would call on everyone who requested to speak. Comments would be limited to 3 minutes per speaker. Karen Seals, 7068 prince Drive, Dublin, stated she is the mother of 3 children. She thanked the city Council for considering this issue. There is over 4,000 substances contained in tobacco, with 43 of them known to cause cancer. She reminded everyone what we went through with the asbestos issue and also with benzene found in bottled perrier water. There is a lot more benzene in one cigarette than in all the water that was recalled. Twice the population of Dublin dies every year from secondhand smoke. This is not a civil rights issue; it's a health issue. We need to think about how this affects our children. vapors are still in the air when Dublin High School students have lunch in their cafeteria the day following a bingo game. One of her daughters suffers from asthma and she recently had a bad bout after going to the bowling alley when a man next to her lit up a cigar. She had to take her daughter to the hospital. In summary, she requested that the city council think of the children. Tom McCormick, 7170 Emerald Avenue, Dublin, stated he supports the American Lung Association Model Ordinance. This law really started in England in the 1600's when many people became addicted. The first American effort was shortly after World War I, and we all know what happened to that. In the 1970'S, Arizona and Minnesota felt there should be another tact taken, so they passed rather restrictive laws related to the workplace which have withstood court challenges. Individuals would be able to claim compensation for damage done to their health. Forty-four states now have passed laws restricting smOking and well over 500 cities currently restrict tobacco and secondhand smoke in public .places. It is not really true that cities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 422 Reqular Meeting November 22, 1993 . . have no liability under the ADA. There was a raging discussion at the League of CA cities related to this. He doesn't want to see his city sued. There has been some talk about people saying the marketplace will take care of itself. Just talk to parents who have children sUffering from secondhand smoke. Government does have a responsi- bility to regulate things that cannot be regulated in other ways. Michelle Barron, 1051 Beach Park Boulevard #214, Foster city, stated she is a member of Bar and Restaurant Employees Against Tobacco Hazards (BREATH). As an employee who has worked as a Bartender for 23 years in an environment of smokers, she requested that the city Council pass an ordinance making the City totally smoke free. Her life has been miserable and it's like working in a 2-car garage with the doors and windows closed and 100 people smoking. At one time, they had no smoking for 6 weeks in the bar and her tips did not go down, and they did not lose any money, so this part of the issue should be taken out. She urged the city council to think of the employees who are being subjected to secondhand smoke. They should include bars and bingo parlors. Ron Rivers, Owner of the Hayward Fishery, questioned if outdoor dining would be considered under the same rules as inside. He had no qualms with smoke free restaurants, but would object to having it include a bar. He had also spoken to representatives from Frankie, Johnnie & Luigi's and El Toritos who were in agreement. Mr. Barker stated he believed there are certain outside areas that must be designated as non-smoking. The model ordinance addresses reasonable distance. Ms. silver stated there is currently a provlslon that specifically applies to outdoor dining areas; smoking is prohibited in outdoor dining areas. Jim Gallagher, Jr., 7122 Galindo Court, Dublin, stated he wished to discuss the issue of freestanding bars. You have to be 21 years old to enter a bar. The numbers and statistics that were quoted earlier by Karen Seals show that more people die from alcohol. People know the risks they take when they go into a bar. He requested that the city consider leaving bars the way they are. craig Amack R.P.T., 7657 Amador Valley Boulevard, Dublin, stated he has a business in Amador Plaza and spoke regarding the issues of choice and personal rights. In his office building, what they have going on is people are smoking in individual suites and then they open their doors and smoke travels into the hallways. The ventilation system does not stop it. We need to get real. This is like trying to stop a fly with a cattle gate. He has worked for 2 1/2 years to get a smoke free environment in this building. This is a real problem for his employees. He strongly disagrees with the issue of personal rights. He is a non-smoker who has been forced to breath smoke for 2 1/2 years. He is not trying to get anyone to stop smoking. He is asking smokers to take a degree of responsibility and not smoke until they are outside and a distance away from someone who might be exposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 423 Reqular Meeting' November 22, 1993 . . to secondhand smoke. Let's have separate ventilation systems to get the clean air away from smoke. This is a really important issue. Ted Hoffman, Jr., Earl Anthony Dublin Bowl, stated he had been here for other meetings and had also met with each Councilmember individually on this issue. He has the only bowling centers in Dublin and Danville and he is aware that we are trying to create a 5-city ordinance. He felt people have come a long way in the non-smoking area. People are trying to quit, and changing times are here. People here in Dublin have to deal with the issues in Dublin in our community. They have a 40,000 square foot facility and he has petitioned the city to allow a smoking area. His concern is for Earl Anthony Bowling Center. In asking for his lounge area and bar to be the only smoking area in the building, he is able to cater to his customers; 30,000 square feet will be non-smoking. People should have a choice. In the definition of free-standing bar, he would like to include bowling center bars. They were in the category of sports arena. He hoped the city council would have an open mind and consider his feelings. Lee Carpenter, 2929 MacArthur, Tracy, stated he is the Director of the Dublin High School Band. The band has represented the city throughout California, in other states and in Ireland. The music program is known and has been written about in many places. They are supported by bingo. Most bingo players smoke. Those games that have been required to go smoke free have closed and lost money. Soon, all schools will be required to go smoke free. Why jeopardize a program that has done so much for Dublin youth? Kathi Schultz, present on behalf of the Chamber of Commerce Board of Directors stated a letter was recently sent from Chamber president sergio Meza. At their recent planning session, they spent quite a bit of time discussing this issue and it was felt that because they represent a wide range of businesses, they urged the city council to keep an open mind and remember that we need to work with the business community. James Ladner, 8603 Galindo Drive, Dublin, stated he had mixed feelings on this. He is a non-smoker. His father died of emphysema. He is President of the Band Boosters. He hoped the ordinance will be fair to all businesses. Jack A. Hensley, 7649 Peppertree Road, Dublin, stated he is an ex- smoker who smoked for 18 years. He has had friends die. It is a struggle. His wife was also able to overcome this habit. It is more addictive than many things. It is appalling to watch people die of cancer and the other diseases caused by this. He would like to keep an open mind to those who can't kick the habit, but keep in mind that it is killing their children, their neighbors, their friends, etc. Try to quit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 424 November 22, 1993 Reqular Meeting . . Valerie Barnes, 7366 lone Court, Dublin, President of the Women's Club of Dublin stated at their general meeting on November 18, a majority of the members present and voting endorsed the city's proposed ordinance on banning smoking in public buildings and restaurants. Shawn Hensley, 7649 Peppertree Road, DUblin, stated he is 34 years old and has lived in various countries, including Italy, Australia and France and worked as a fashion model. He found that he spent a great deal of time airing out his clothes. He could site no benefits whatsoever to smoking. He looked forward to coming back to Dublin, California. He has frequented Gallagher's Pub and other bars and has no problem with smokers, but there is nothing wrong with them going outside to smoke. He has had 30 or 40 girlfriends who were smokers and he always asked them to go outside to spark up. There is no way for a person smoking in an enclosed environment to keep from stinking the place up. He also worked as a bartender at Maestro's and when you are in a smoking section, you are going to suffer. He could smell the smokers as they came into the meeting this evening. Dr. Ted Woy, 11381 Rampart Drive, Dublin, stated he has lived in Dublin for 30+ years. He heartily endorsed many of the things said tonight. Second hand smoke as well as primary smoke causes many diseases in the human body. The average person exposed to smoke lives 10 years less than people who don't smoke. Controlling your cholesterol level may increase your life expectancy by 6 months. This is a big difference. Tobacco is the number one risk factor in heart disease, cancer, prostate cancer and strokes. We are not talking about individual rights here; we are talking about significant health risks. If a person backed their car into a room and filled the room with carbon monoxide, we would not like this. There is no difference. Secondhand smoke is a toxic substance. Allen Guiles, 7000 utica Court, DUblin, stated he was not here to defend anyone's rights. He is a 3 1/2 pack a day man who quit 5 years ago. He owned and operated neighborhood type taverns, but is out of the business now. There are 3 owners of local bars who do not smoke. They are interested in their patron's rights to choose. Don't put this straw on the people's backs. He is afraid of snakes. If he knew a room was full of rattlesnakes, he would not go into that room. Jim Gallagher, 7851 Amador Valley Boulevard, Dublin, felt the survey and the numbers speak for themselves. Is the city going to penalize the 52% who want smoking in bars and they will have no place to go? People have a right to smoke somewhere. If you are against it, don't go there. He felt smoking is a right. Richard Flores, 1531 Merritt Lane, Livermore, Chairman of the Smoke Free Tri-Valley Coalition, stated they have joined together to try to create a level playing field for businesses. They performed a survey on behalf of the Dublin Chamber of Commerce and found 85% of the restaurant owners or managers responding want the city to ban smoking in restaurants. There is a concern, however, that if we pass it, people will go next door to another city. Their approach was to ask the Tri-Valley Council to look at all 5 communities in the area. He . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 425 Regular Meeting November 22, 1993 . . is also a member of the California Restaurant Association. They supported AB 13 but unfortunately, the tobacco lobbyists are very strong and he doesn't see much hope in having Sacramento pass a statewide ban. He was a restaurant owner in 1986 and he opposed Dublin's ordinance then because he felt he knew what was best for his customers. However, evidence heard tonight has been absolutely overwhelming. There is just no way to provide any kind of smoke free environment in an enclosed space. There is certainly agreement that intoxicated drivers pose a danger when they get behind the wheel of an automobile, so this issue is also one of the community's rights to pUblic safety. Don't be mislead, it is simply a public health issue. The dangers are overwhelming. The surgeon General says the best way to protect people is to ban smoking in the work place and in all public places. Phyllis R. Hucke sutton, 680 Moraga Road, Moraga, and owner and manager of commercial property in DUblin, felt there could be a possible exemption for free standing bars. This was her main concern. She does not mind going to a restaurant that doesn't allow smoking, but when it is a free standing bar, there should be an exemption for smoking. Bruce Fiedler, 6589 Hemlock Street, Dublin, stated he was sorry he would not be a voice of reason. Each Councilmember knows the facts. cigarette smoke is addictive and a Class A carcinogen. Some of the discussion has been about pervasive government intrusion. One has to have a valid driver's license to drive a car. You must obey traffic rules. We have a lot of regulations. When he was growing up in a rural area, he didn't remember these kind of regulations. Now that he lives in a city, however, regulations regarding driving as well as smoking make sense. People's rights need to be safeguarded. He believes he has an equal right to enter businesses without being forced to be a smoker. As an employer, he would not be able to expose employees to sexual harassment, so it follows that employers should not be able to expose employees to this kind of health danger. He requested the city council of Dublin to please support this ordinance as Pleasanton has. Mike Barbour, owner of Dublin Corral, stated he had no objection to banning smoking in the restaurant, but hoped if free standing bars are exempt, bars in restaurants should also be exempt. They would be out of business as a bar. They may have to make some structural changes and they would be willing to make those changes. The more restrictions that are placed on the citizens of Dublin, the more likely they are to be driven away. He felt his customers would go to Castro Valley, Hayward, Pleasant Hill and concord. Times are tough now. He urged the city Council to exempt bars and bars with restaurants. Cheryl Thomas, 7472 Bedford Court, an American Cancer Society representative, stated she helps people stop smoking. She compared involuntary smoking to exposure to asbestos. It's all about personal choices. People who choose to smoke know what risk they are taking, however, ones who drink and- drive, the government steps in. She . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 426 November 22, 1993 Regular Meeting . . supports government regulation when it is necessary. Government regulation is necessary because of another's choice to smoke. In the last year, there were only 15 deaths caused by asbestos, but there have been more than 3,000 attributed to smoking. The only way to eliminate tobacco use in the workplace is to ban it and implement smoke cessation programs. No one is immune from smoke. The survey has shown that 75% - 77% of the citizens choose smoke free restaurants and workplaces. Adrienne Roberts, 4130 Alvarado street, Pleasanton, stated she believes there should be a ban, but feels this one is way too strict. Everyone has a right to choose what they want to do. The money businesses would have to spend they should be able to decide whether they want to be smoke free or put up a sign saying this is a smoking place. They should have time to separate by Plexiglass or whatever will separate the smoke. Business people pay their taxes and they haven't got a chance. Smoke free people and smokers all take their chances. We are all paying taxes. Everyone pays for the same reason; freedom and to make life better. We are losing freedoms bit by bit, not just the smoking issue. Dennis Parrish, 6841 Hyde Court, Dublin, representing Evie's Place, stated they permit smoking in their establishment and they would like to see it continue this way. He is a non-smoker, and knows it is part of the hazards of this industry. He believes in free enterprise. This would be an ideal time to open a new business that has a smoke free environment. It is not fair to the existing businesses to stop something that they have lived with all their lives. Cigarettes are a legal product that can be bought. If they are really this bad for people, we need to just not sell cigarettes. until that day comes about, all consumers should have a right on whether to enter an establishment. As it is posted with alcohol, it should be posted with cigarettes. People then make a choice on whether to go into the establishment. Mayor Snyder asked if there was anyone else who wished to speak and when no one responded, he announced that several other people had indicated on the speaker slip forms that they support or oppose changes to the city's ordinance. These will be included in the record. Those indicating opposition include: Earl Anthony, 2664 N. W. Dairy Circle Road, Corvalis, Oregon. Art Garner, 21 Inverness court, San Ramon, "It should be my rights to smoke if I want to." Judith Garner, 21 Inverness Court, San Ramon, "It's hard enough for a small bar businesses to make a go of it without limiting the customers from smOking. There is a non-smoking bar in DUblin for those who wish that." Dolores Power, 7000 utica Court, DUblin, "Equal rights for smokers" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 427 Regular Meeting November 22, 1993 . . April Gallagher, 7614 Donohue Drive, Dublin, "I disagree with city government having yet another way in which to impose their will on my rights as a citizen" Joanne Gallagher, 6970 Mansfield Avenue, Dublin. Erick Tsom, 7851 Amador Valley Boulevard, Dublin, "In a free market economy, it is up to the businesses and clients to determine the smoking pOlicy, not city government." Kenneth Power, 7000 utica Court, Dublin. steve wilcox, 8420 Galindo Drive, Dublin. Karen Kellstaat, 8042 South Lake Drive #D, Dublin. Keith B. Maness, 6572 King way, Dublin. Georgia C. Kipkot, 8118 North Lake Drive #F, Dublin. Those indicating support include: Helen Jacintho, 6172 corte Padre, Pleasanton, "Plays bingo every week and belive smoking is bad for our health and I belive their is more none smoker's and have no choice to seat next to smoker's cause their is not enough none smokers tables." Kristine Addiego, 10069 El Dorado Drive, San Ramon, "I am a non smoker who attends bingo at Dublin H.S. I am appalled at the second hand smoke I am forced to breathe because of all the smokers. The smoke is still there to breathe for students the next day. Please have some say in school regulations that would (as has been stated) governed by the school board! Attendance in the Pleasanton bingo parlors has ~ dropped off because of the non-smoking ordinances." Winifred Silva, 2537 Twin Creeks Drive, San Ramon, "I attend Dublin High bingo - The smoke is terrible - Non smokers have been forced to inhale - It is not a pleasant experience - Please put bingo halls and especially school cafeterias on the ordinance - Thank you " Audrey M. Kissell, 6824 York Drive, Dublin, "I wish to see Dublin High a smoke free place to enjoy playing bingo. I'm 63 years old and have not smoked all my life. But it seems I'm already a smoker from second hand smoke." Rose Machado, 7759 Gardella Drive, DUblin, "I play bingo Dublin High School every week and enjoy it. It gets so smokey it makes you sick. other bingo places stopped smoking they go outside, so I don't see why Dublin can't do the same." Mickey Denhartog, 7508 Hillrose, Dublin. Mrs. Jack A. Hensley, 7649 Peppertree Road, Dublin, "I personally feel smoking is detrimental to other people" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 428 Reqular Meeting November 22, 1993 . . Mayor Snyder closed the public hearing. Cm. Burton stated he felt like Solomon. Good people are standing for what they believe in. He did a tally and the number of people who spoke were 11 opposed and 12 supporting. He was not making a judgement on who made the best presentations. He felt it is a matter of principle and that individuals should resist a public agency getting involved in private habits and rights. Where the public has a choice of facilities, the business management of those facilities should provide space for both smokers and non-smokers, depending on who the management wants to serve. He felt a prominent sign should be installed. with regard to employee/employer relations if there is a problem, our ordinance states that non-smokers rights prevail. The city should not take over the responsibility for changing individual habits. It should be a management decision. The person who pays the overhead and employee salaries should be the ones to decide. Cm. Moffatt stated he had been trying to bring this to everyone's attention in order to make an informed decision. He wanted to see whether there was support to follow the model ordinance. He wanted to preserve the form of it and have the other 4 cities involved so that we could go right down the line. He thought most of the other cities will be going with the less stringent ordinance. cigarette smoke is primarily a heath issue and an economic issue. He would be more and more for businesses related to the economic issues, but violations of the Americans with Disabilities Act -in turn, will cause some lawsuits and perhaps much more expense than making any modifications. people over 21 certainly have a right to do what they want within a framework with the understanding that there are hazards to be in business and lots of them which are coming down rather heavy and strong are being mandated by federal and state government. He stated he was interested in finding out if a majority of the Council was interested in passing the American Lung Association ordinance. Cm. Houston stated he would rather make adjustments to our ordinance. We can make some adjustments that will accommodate the majority of the people. Cm. Burton felt that private enterprise will dictate this. People will wake up to the fact that there is a market out there. It should be a decision of the business. We need to keep the ordinance we have in place and watch how the economy evolves. Cm. Houston stated we should amend the city's ordinance by saying signs should be posted at the doors of all businesses. We could do away with vending machines. Staff indicated there had only been 54 complaints since 1986. Individual employees can designate their area as a non-smoking area. He felt businesses should designate an area for smokers if they so choose. Also, it would be prudent to review this in 2 years or whenever appropriate to see where we may need to strengthen it. Cm. Burton questioned if they open this up do we start going into the process of having Staff writing a new ordinance. If a couple of items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 429 Regular Meeting November 22, 1993 . . are added to our ordinance, he questioned if the ordinance could be introduced tonight. He questioned the process. Ms. silver stated this could be done tonight. staff could draft some language and then the Council could introduce the ordinance. Cm. Houston felt the signs should be at the main entrance of the business. He doesn't like the international sign; he would rather see words. Mr. Ambrose questioned how multi-tenant spaces would be handled. em. Houston felt each office would need to be identified and that anyone who goes into the space should be able to know the policy. Cm. Houston made a motion to amend the city's ordinance: 1) signs would be required; 2) tobacco vending machines are banned; 3) passing out samples is prohibited; 4) businesses will designate smoking area and individual employees can not do this; 5) review pOlicy in 2 years. em. Burton seconded this motion. The motion was amended to add: 6) there shall be a 2-year phasing for restaurants with dining areas. Cm. Moffatt felt the Council should put some credence in the survey results. Restaurants should be non-smoking. He was rather astonished at the position the school board has taken with regard to allowing smoking at the bingo games at school facilities and thereby endangering the lives of the kids. There is only one other area that has a bingo game. The whole idea was to level the playing ground. By 1996 they won't be able to have smoking at school facilities. Under the penalty section, perhaps a $100 fine for a first offense would not necessarily be appropriate, but perhaps a course in non-smoking might be appropriate. He could agree to exempt bars in restaurants if there were separate ventilation systems. Cm. Burton pointed out that right now it is 50/50, half the area is for smokers and half for non-smokers. In 2 years, business people will make adjustments in accordance with the market they are serving. em. Moffatt advised that smoke drifts over to the non-smoking section. Restaurants that serve food to children should be encouraged to not allow any smoking. Cm. Howard asked what was wrong with having our ordinance say non- smoking in eating areas and give them time to educate their clients. We could put in a time span that could say as of January 1995, this will be totally non-smoking. Cm. Houston felt that people will start doing whatever they can to implement these things. em. Howard felt we should give people time. em. Burton suggested we let the market adjust as best it can in the 2 year time frame. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 430 Reqular Meeting November 22, 1993 . . Cm. Houston stated businesses are on notice and they are doing what they can. He felt other businesses will make an effort and that 2 years is reasonable. An unidentified audience member stated it was unclear about the impact on a building with more than one office. em. Moffatt said if there is a non-smoker in the building then they can register a complaint and the building owner should do something about it. A landlord should make a decision on whether it is going to be a smoking or non-smoking building. Cm. Howard stated she has a problem banning all restaurants. Some have banquet rooms that they rent out for private parties. em. Moffatt stated this would be no problem as long as they have a separate ventilation system. Cm. Howard stated she would like to see a clause put in giving restaurants one year. Mayor Snyder pointed out that in general, restaurants are not in disfavor of not allowing smoking. Bars feel strongly that they should be able to have smoking. In the workplace, when you have mixed businesses, there is no way to avoid mixed air passing throughout the building. Ted Hoffman has said he is willing to make changes at the bowling alley. He agreed with Cm. Houston that signs should be placed everywhere smoking is allowed. They should be prominent, and the letters should be at least 3" or 4". The international sYmbol is very common and can be understood by everyone. with regard to restaurants that have bars in them, there is a problem in some cases that may need to be reviewed. It would help our city to have all restaurant areas non-smoking and then Staff would not have to count square footage and get into this. em. Houston stated he would be willing to add to his motion that all eating areas will be non-smoking by January 1996. Cm. Howard asked him to consider January 1995. Cm. Moffatt made a motion to amend the motion for no smoking in restaurants and have it kick in in 1 year. This motion was seconded by Cm. Howard. Cm. Houston stated he would amend his own motion to state smoking is precluded in restaurants after one year. em. Burton agreed to amend the second to the motion. em. Houston discussed the portion of the motion which stated an employee could designate a smoking area if he wants one. He was willing to withdraw his motion on this if this problem cannot be overcome. a _ . . . . . . . . . . . . . . . _ . . _ . _ . . . . . _ . . . . . . CM - VOL 12 - 431 Reqular Meeting November 22, 1993 Mayor Snyder stated with the City's current ordinance, all businesses are presumed to be non-smoking. Cm. Houston clarified that individual rights of a non-smoker would still prevail. He would not change that portion. On motion of Cm. Houston, seconded by em. Burton, and by majority vote, the Council waived the reading and introduced an ordinance amending Ordinance No. 13-86 with the following changes: 1) Signs must be posted outside the entrances of all businesses indicating whether it is a smoking or non-smoking building. The signs shall contain letters not less than 3" high. 2) Vending machines shall be prohibited. 3) Distribution of free samples of cigarettes and other tobacco products shall be prohibited. 4) There shall be a 1-year phase in period for restaurant eating areas to become totally smoke free. 5) Bar areas in restaurants and free-standing bars will be left alone. 6) Outdoor eating areas are exempt from these rules. All other provisions of the City's current Ordinance shall remain the same. Mayor Snyder and Cm. Moffatt voted against this motion. * * * * LEAGUE OF CALIFORNIA CITIES PROPOSED 1994 DUES (140-20) City Manager Ambrose advised that the Board of Directors of the League of California Cities is recommending a 3% increase in dues for 1993-94 to balance the League's budget. This would increase the city of Dublin's annual dues from $3,953 to $4,072. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council directed the city's representative (Cm. Moffatt) to the East Bay Division to indicate that the city of Dublin will pay the increase in dues. * * * * OTHER BUSINESS Second December Council Meetinq Cancelled (610-05) City Clerk Kay Keck asked the Council what they wished to do related to the second December Council meeting which falls on December 27th. On motion of Cm. Burton, seconded by Cm. Houston, and by unanimous vote, the Council determined that the second December Council meeting would be cancelled. The next regular meeting will be on January 10, 1994. * * * * Regular Heeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CM - VOL 12 - 432 November 22, 1993 . . Hospice Tree Liahtinq (950-40) Cm. Howard reminded everyone that the Hospice Tree Lighting ceremony is being held on December 3, 1993 at the Lucky headquarters office building. * * * * ABAG Consideration "Making Government Make Sense" (140-10) Cm. Moffatt advised that the resolution that the Council directed him to vote against at the ABAG General Assembly meeting was modified. ABAG will be forming a committee to deal with it at the policy level. The issue was the reinventing government proposal. This was a significant change and puts it back into the hands of the cities. * * * * Potential Adjustments to Budqet (330-20) Cm. Houston questioned if the budget adjustment report would be on the next Council meeting. Mr. Ambrose advised that the report will be presented at the December 13th meeting. We are starting to get funding requests and these requests will be included as part of the budget report. * * . . eLOSEO SESSION At 10:20 p.m., the Council recessed to a closed session to discuss Pending Litigation (640-30) in accordance with Government Code section 54956.9(a): 1) city of Dublin vs. city of Pleasanton; 2) Butler vs. city of Dublin; 3) Pleasanton VB. Dublin; and 4) siegertsz VB. city of Dublin. * * * . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:58 p.m. * * * * Mayor ATTEST: City Clerk * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . eM - VOL 12 - 433 Regular Keeting November 22, 1993