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might be considered an outside smoking area, in contrast to an indoor area in which smoking is prohibited. In the first year after ordinance adoption, Lane County and City staff collaborated in visiting establishments to determine compliance. County resources for education and enforcement efforts subsequently were reduced. City staff has taken a reactive approach to enforcement, responding to complaints about indoor smoking and outdoor smoking area violations through public information notices, enforcement letters, onsite visits, and additional monitoring by patrons and employees. Lane County Public Health staff and Health and Human Services administrators, including the County Public Health Officer, oppose codifying the administrative rule provision for outdoor smoking areas by adding it to the Eugene Code. They have recommended that the 25/75 rule be deleted. This is the guideline that at least 25 percent of the outdoor smoking area's wall planes be open to air circulation. In preparing for this public hearing, they also have raised several issues, contending the administrative rule was adopted without adequate public discussion and debate, is arbitrary and not based in fact, can be extended to workplaces other than bars, which was not intended, and facilitates violation of the City's ordinance by allowing enclosure of a space that exposes workers to proven environmental hazards. Additionally, they contend the rule violates Oregon clean air laws. The City Attorney has concluded the administrative rule and proposed ordinance changes meet legal standards. During the rulemaking process in December 2001 and January 2002, the City Manager gave notice to the Mayor and City Council and provided an opportunity for public comment. This public hearing provides an opportunity to revisit standards and the City's enforcement protocol. RELATED CITY POLICIES The City Council has adopted goals for sustainable community development and a healthy natural and built environment. The City's internal operating principles also recognize the value of providing a safe work environment. Clean indoor air is considered an indicator of sustainable design, construction, and building operations and maintenance. In supporting the council's resolution on sustainability, adopted in February 2000, staff uses LEED (Leadership in Energy and Environmental Design) standards as a yardstick. These are nationally recognized guidelines administered by the U.S. Green Building Council. LEED standards for existing buildings recognize control of tobacco smoke, with options for assuring that building occupants, indoor surfaces and systems have reduced exposure. The proposed 25-foot no-smoking buffer outside building openings is one such option. The City's current 1 O-foot buffer and lack of restriction near operable windows and outdoor air intakes do not meet LEED standards for indoor air quality. A draft green building policy adopted within the Facility Management Division notes, "The City of Eugene shall incorporate principles of sustainability in the planning, financing, design, and construction of City buildings and facilities .... In addition, all City of Eugene buildings and facilities shall be operated and maintained in a sustainable manner using the LEEDTM Green Building Rating System for Existing Buildings as a guide." L:\CMO\2005 Council Agendas\M050124\S0501244.doc