City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council discuss smoking prohibition options and direct
staff to begin the process of evaluating the expansion of specified smoke free areas,
if desired.
BACKGROUND:
On November 27, 2006, then-Mayor Gary Silbiger requested support and received
consensus to agendize a discussion regarding “smoke-free outdoor areas” policies
and to find out what other cities are doing in this regard. The Council has previously
adopted an ordinance prohibiting smoking in public parks. That ordinance,
consistent with state law, reflects the dangers posed by the inhalation of second-
hand smoke, the risk of children ingesting discarded cigarette butts and other
smoking materials, and the degradation to aesthetics caused by improper disposal
of smoking waste.
Many Culver City restaurants have open areas that allow patrons an indoor-outdoor
dining experience permitted under current State law. Because current state law
allows persons to smoke in outdoor dining areas, in those cities which have not
determined to enact more stringent regulations on smoking, patrons may be
impacted by secondhand smoke while sitting in a designated smoke-free area.
Other individuals who may be impacted by second hand smoke include those who
wait in line outdoors for services, or those who are participating in events, and
individuals in a common area of a multi family dwelling unit complex.
Meeting Date: 12/10/07 Item Number: A-5
AGENDA ITEM: Discussion of Smoking Prohibition Options and Direction to
Staff to Begin the Process of Evaluating the Expansion of Specified Smoke Free
Areas if Desired.
Contact Person/Dept.: Shelly Wolfberg Phone Number: (310) 253-6008
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Culver City Chamber of Commerce, Downtown Business Association, County of Los
Angeles Department of Health Services, and Master Notification List (12/05/07).
Department Approval:
Martin R. Cole (12/04/07)
City Attorney Approval:
Carol Schwab (by H. Iker) (12/03/07)
Fiscal Impact Review:
Marlee Chang (12/04/07)
City Manager Approval:
Jerry B. Fulwood (12/05/07) City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
Staff has reviewed Culver City’s existing ordinance (Attachment 1) and conducted
research of various cities’ ordinances which are found in Attachments 2-5. As to
smoking ban measures in general, several cities have adopted a variety of
measures. For instance, Davis, Calabasas, Burbank, Berkeley, Beverly Hills, Santa
Barbara, Los Gatos, Laguna Hills, Palo Alto and San Ramon prohibit smoking in
outdoor dining areas where food is served. Additionally, Davis, Berkeley and others
prohibit smoking in waiting areas, and within 20 feet of doors and windows of
businesses and public facilities, unless the smoker is just passing by.
Should the City Council determine it wishes to pursue additional smoking
regulations, the following list outlines a variety of components that could become a
part of implementing expanded outdoor smoking prohibitions:
1. Prohibition of smoking in all outdoor dining areas
2. Prohibition of smoking in outdoor service areas-such as ATM machine lines,
waiting to purchase theatre tickets, etc.
3. Prohibition of smoking at outdoor events
4. Prohibition of smoking in common areas of multi-unit residential buildings
If the City Council wishes to move forward on any type of expanded smoke free
areas in Culver City, then staff recommends the following process:
1. Determine which outdoor areas staff should direct its efforts for expanded
smoking prohibitions.
2. Direct the Community Development Department staff to work with the Culver
City Chamber of Commerce, Downtown Business Association or other user
groups to discuss smoking prohibitions as part of a public outreach effort.
3. Direct City staff to meet and discuss the enforcement program associated
with implementing new smoking prohibitions in Culver City.
4. Direct the City Attorney to Draft a Smoking Prohibition Ordinance and return
to City Council to Introduce the Ordinance.
5. If an ordinance is adopted, direct staff to develop a public outreach campaign
to educate the public of the new law. This outreach would include publicity
on the City’s website, Channel 35, Culver City Living and other City prepared
documents.
FISCAL ANALYSIS:
There would be some costs associated with the community outreach process that
could be absorbed through staff time and existing budget resources. Any costs that City of Culver City, California
City Council Agenda Item Report
could not be absorbed in the FY 07-08 Budget would be brought back to City
Council for consideration and approval of a budget amendment.
ATTACHMENTS:
1. Culver City Municipal Code Chapter 9.11: Smoking Regulations
2. Smoking Prohibition Ordinance-Beverly Hills
3. Smoking Prohibition Ordinance-Burbank
4. Smoking Prohibition Ordinance-Calabasas
5. Smoking Prohibition Ordinance-Santa Monica
MOTION:
That the City Council:
1. Discuss smoking prohibition options and direct staff to begin the process of
evaluating the expansion of specified smoke free areas if desired;
If the City Council does desire to move forward with additional regulation of smoking,
then
2. Determine which outdoor areas staff should direct its efforts for expanded
smoking prohibitions; and,
3. Direct the Community Development Department staff to work with the Culver
City Chamber of Commerce, Downtown Business Association or other user
groups to discuss smoking prohibitions as part of a public outreach effort;
and,
4. Direct City staff to meet and discuss the enforcement program associated
with implementing new smoking prohibitions in Culver City;; and,
5. Direct the City Attorney to Draft a Smoking Prohibition Ordinance and return
to City Council to Introduce the Ordinance;
or
6. Provide other direction to staff.