Legislative Public Meetings

File #: 15-0383   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 2/9/2016
Title: Introduce an Ordinance Amending Chapter 9.28 (Regulation of Smoking) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code to Prohibit Smoking in All Outdoor Dining Areas, Near Doorways and Other Openings to Retail and Commercial Businesses, and in All Units and Common Areas of Multi-Family Residences; Finding of CEQA Exemption Pursuant to Guideline Section 15061(b)(3) (Study Issue)
Attachments: 1. Smokefree Areas Consultant Report 02-09-16.pdf, 2. Study Issue DPS 15-01, 3. Study Issue OCA 14-03(b), 4. Study Issue OCA 14-03C(b) Status Report, 5. Draft Ordinance Chapter 9.28. REGULATION OF SMOKING, 6. Presentation to Council 20160209
REPORT TO COUNCIL

SUBJECT
Title
Introduce an Ordinance Amending Chapter 9.28 (Regulation of Smoking) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code to Prohibit Smoking in All Outdoor Dining Areas, Near Doorways and Other Openings to Retail and Commercial Businesses, and in All Units and Common Areas of Multi-Family Residences; Finding of CEQA Exemption Pursuant to Guideline Section 15061(b)(3) (Study Issue)

Report
BACKGROUND
In January 2015, City Council directed staff to study options to prohibit smoking in multi-family housing common areas and in units (Study Issue DPS 15-01). This study issue was combined with a previous study issue to expand smoking regulations near entrances to businesses and in outdoor dining areas (Study Issue OCA 14-03(b)). Portion (a) of OCA 14-03 was completed on March 18, 2014, with the adoption of an ordinance amendment banning electronic cigarettes anywhere smoking is prohibited.

In Spring 2015, the City was awarded a $95,000 grant from the Santa Clara County Department of Public Health to support this study by examining ways to reduce or eliminate exposure to the harmful effects of secondhand smoke in three areas:
1. Outdoor dining;
2. Within a specified distance of business entryways; and
3. In all units and common areas of multi-family residences.

Staff selected Leslie Zellers, JD (consultant) to conduct the study based on her extensive experience with local ordinances regulating the sale, use, and marketing of tobacco products. The primary objectives of the study were to 1) review options to regulate smoking in the identified areas; 2) gather public input on proposals to increase smokefree areas through community meetings and surveys; and 3) review and compare how other California cities have regulated these issues.

To gather public input on the proposals to create smokefree areas, staff conducted two online surveys through Sunnyvale Open City Hall. More than 500 people who ...

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