Legal Review Committee Agenda and Packet 2018 10 30

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City Council Legal Review Committee September 27, 2018 Page 2 of 5 Brignull stated the department has been reviewing the Parks and Open Space codes to see where it might need to be updated. The proposed changes were reviewed by the Open Space Board and the Parks Board. On second reading on August 7, the City Council asked the Legal Review Committee to review the proposed changes, particularly the section on smoking. Councilmember Leh asked to discuss smoking first, specifically related to the golf course. Members noted most of the other municipalities have golf courses and most don't call out a smoking exemption for the golf course. Councilmember Leh noted for him it is a question of balancing more freedoms versus the concern of second hand smoke. Councilmember Loo stated banning smoking at the golf course may make it even harder to attract customers. She prefers to keep customers we have. Councilmember Stolzmann stated she has gotten complaints about smoking on the course but few think it should be banned on the course. Councilmember Leh noted enforcement of a ban at golf course would be difficult. Councilmember Leh moved to recommend to full council to not regulate smoking on the golf course. Councilmember Stolzmann seconded. All in favor. Councilmember Leh asked for discussion on smoking in parks. Councilmember Stolzmann stated she thinks most people already think it is banned and she thinks the majority of residents don't want smoking in parks. Councilmember Loo stated she hesitates to come up to a solution that is in search of a problem. Councilmember Leh agreed with Councilmember Stolzmann. Councilmember Stolzmann moved to recommend to Council to use the staff proposal to ban smoking but also to highlight this for discussion for the full Council and have two versions prepared. Councilmember Leh seconded the motion with a friendly amendment for not having two versions. Councilmember Stolzmann accepted the amendment. All in favor. Members were in agreement to keep the ban on smoking in open space and include ecigarettes in that as well. Councilmember Loo asked if the definition of smoking instrument is intended to include ecigarettes. Cotton -Baez said this would not include ecigarettes as written. Members agreed the definition should include cigarettes, ecigarettes, and marijuana. Staff can change the language to match that from Chapter 8.56 for both the Parks and Open Space titles. Councilmember Leh moved to support this; Councilmember Stolzmann seconded. All in favor.