CC MInutes - 07/19/00 Work Session

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Jan Bohman of the City Manager's Office introduced the item. She referred the council to the materials related to the agenda item in the meeting packet, saying the materials centered around smoke-free work place regulations and regulations denying underage youth access to tobacco products. Ms. Bohman requested direction on whether staff should develop ordinances related to those issues and the general parameters of those ordinances. Ms. Bohman briefly reviewed the elements of possible ordinances, addressing the ordinances in question currently in force in Corvallis, Oregon, and Multnomah County, Oregon, and how those jurisdictions handled the issue of enforcement. She reported that legal counsel had reviewed the preliminary staff work and saw no barrier to the adoption of similar ordinances locally. Ms. Bohman identified issues for council resolution, including inclusion of possible exemptions for bars and restaurants in the ordinance and concerns raised by the University of Oregon regarding the Corvallis provision to restrict smoking at building entrances, given the number of buildings and entrances to buildings on campus. She identified several issues related to implementation, including public education and information about the ordinances; enforcement of the ordinance; and the potential of a business license to underwrite the costs of administering and enforcing the ordinance. Ms. Bohman noted an internal initiative on the part of the Police Department to refer minor-in-possession of tobacco offenses to Municipal Court so citations could be issued by the police and fines collected by the court. Options regarding possible next steps were included in the meeting packet. Mr. Farr noted his initial support for the ordinances but said, as he heard more information from different constituents, that he had identified several problems, including the priority of the police response to tobacco-related calls, possible impediments to private property, and restricting individual rights. He said that police response seemed to be a non-issue because there had been only one call for service in Corvallis since the ordinance was implemented. Mr. Farr was still concerned about impeding private property and private behavior but did not think it was very restrictive of people's rights to confine smoking to certain locations. Three of his children's four immediate grandparents had died from tobacco-related causes, and so he was very concerned about the issue. Mr. Farr supported the development of an ordinance. Mr. Meisner supported the first options for both youth access and smoke-free workplaces, which were to direct staff to proceed with developing an ordinance to require tobacco sales to be vendor-assisted and to direct staff to proceed with developing an ordinance that prohibited smoking in all public places and work places with two or more employees. He believed it made sense to employ the County Health Department for enforcement. He asked Mr. Johnson to consult County Administrator Bill Van Vactor about the sentiment of the Board of County Commissioners toward such ordinances. Mr. Meisner asked what the ordinance was projected to cost to administer over the longer term, noting his concerns about the City's financial forecast. He said that business licenses could be used but he also wondered if tobacco products could be taxed locally to pay for all the costs of the program. He asked Ms. Bohman what penalties youth face when cited for minor in possession now. Ms. Bohman said she believed they received a letter. Ms. Taylor said that it was self-evident that enacting the ordinance was the right thing to do. She supported both proposed ordinances. Regarding penalties, she said she needed to give the issue more thought. MINUTES--Eugene City Council July 19, 2000 Page 2 Work Session