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SUBJECT: WALNUT CREEK, CALIFORNIA SMOKING ORDINANCE

Date: 16 Apr 1991
Length: 10 pages
TI11431314-TI11431323
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Abstract

Council for the city of Walnut Creek California adopted a compromise anti smoking ordinance after two days of testimony regarding one of the toughest proposed anti smoking laws in the U.S. which would ban smoking in most public places in that city The

Fields

Box
9586. Samuel D. Chilcote, Jr. Files 1984-1994 Correspondence, memos, meetings:A-Colorado
Type
Memorandum
report
Named Person
Beagley
Beagley, Ronald Francis
Carpool
Council members
Edmond
Elmer H
James
Kroll
Lesher, Dean
Maril
Mason, Matt
Mattson
Munn, Evelyn
Murray
Murray, Gail
Regalia, Gwen
Regalia, Gwendolyn W
Ronald F
Named Organization
Adjuster Veterans Administration
Associates Inc
BA
California State Supreme Court
City Council
Married Councilmembers
Oakland Tribune
Pacific Bell
Property Owner
Public Relations Executive For At & T
Regional Center
SFC
TI
Times
Tobacco Institute
Towne Center
Uc Berkeley Director Of Transportation
University Of California Berkeley
University Of Minnesota
Walnut Creek City Council
Walnut Creek School Board
Walnut Creek-S Regional Center
Thesaurus Term
local ordinance
smoking restriction
testimony
restaurant
voting
local government
city council
Author (Organization)
Kroll Associates, Inc.
Recipient (Organization)
The Tobacco Institute

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Page 1: TI11431314
MEMORANDUM TO: FROM: SUBJECT: DATE: THE TOBACCO INSTITUTE KROLL ASSOCIATES, INC. WALNUT CREEK, CALIFORNIA SMOKING ORDINANCE 16 APRIL 1991 WALNUT CREEK ORDINANCE NO. 1638 On April 9, 1991, The City Council for the city of Walnut Creek, California adopted a compromise anti-smoking ordinance after two days of testimony regarding one of the toughest proposed anti-smoking laws in the U.S., which would ban smoking in most public places in that city. The new anti-smoking law is due for a final approval vote by the City Council on May 7, 1991. Attached is the originally proposed ordinance, put forth by one of the Councilmembers, Ronald F. Beagley. Also attached are recent articles from the Francisco Examiner, the Oakland Tribune, and the Contra Costa Times, local newspapers, describing the issue. The city Council voted 3-2 for the compromise law, with Councilmembers Munn and Mattson voting against the ordinance, and Councilmembers Beagely, Murray and Regalia voting for the ordinance. Local press reports that Mr. Beagley dropped some portions of his original bill when it became clear that the - majority of Councilmembers would not vote for the bill as it originally stood. As the bill now stands, smoking would be banned in restaurants, but would be allowed in bars and restaurants with cocktail lounges attached. Cigarette vending machines would not be banned outright, but would be banned from locations where they could be used by minors. Smoking in the workplace would not be allowed, but employers could create indoor smoking areas for their smoking employees. Fines against smokers breaking these ordinances would be $I00 for the first offense, $500 for additional violations. T111431314
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ANALYSIS OF THE COUNCII/(EMBERS" VOTING Kroll's preliminary research of the voting on the Walnut Creek anti-smoking ordinance appears to have developed some initial trends. The background information relating to each City Council member outlined in the following pages reveals the following potentially valid trends: * All of the Democrats voted in favor of the ordinance while all of the Republicans voted against it. * Councilmembers who appear to have the highest level of education tended to vote against the ordinance. * Married Councilmembers with families tended to vote in favor of the ordinance while single councilmembers voted against it. * The average age of Councilmembers who voted in favor or the ordinance was about 5.5 years younger than those who voted against it. Note that the only professed smoker, the Mayor, voted in favor of the ordinance which would be contrary to our general assumptions. Analysis of a number of other similar voting situations would be required in order to test the validity of these possible trends as well as to develop others. TIl1431315
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WALNUT CREEK CITY COUNCIL The Walnut Creek City Council consists of five members: four councilmembers and the Mayor. Councilmembers are elected to four year terms. The current Council consists of three women (including the mayor) and two men. our initial research has revealed that the Walnut Creek City Council has been involved in the following controversial matters since 1985: 1985 Places two measures on November 1985 ballot to provide no-growth initiatives. Measure H, the less strict of the two measures, passes by a narrow margin, but is rejected by the California State Supreme Court in 1989 after publisher Dean Lesher sues the city for passing the law in 1986. Measure H froze major commercial and residential development in the city until traffic improved at 75 key intersections in the downtown area. 1988 1991 Walnut Creek City Council unanimously approves an "anti ugly" law that bans garbage cans, dismantled cars and other eyesores from being left in public view for long periods. (SFC 7/13/88) City Council announces public hearing to be held April 2 regarding strict anti-smoking ordinances, banning cigarettes in bars, restaurants, and eventually phasing out cigarette vending machines. The meeting is held over due to numerous speeches on both sides until April 9, 1991. The vote is 3-2 in favor of a compromised ordinance, to be reaffirmed by the City Council on May 7, 1991. 3 TI11431316
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RONALD FRANCIS BEAGLEY Vital Statistics DOB: Party: POB: Sex: Marital Status: Education: Smoker: Property Owner: 10/22/37 (Age: 53) Democrat Illinois Male Married (Georgianne); 3 children Undetermined No Yes Current Position: City Councilmember since 11/89; term expires 11/93 Former Position: Public Relations Executive for AT&T Address 1083 Melissa Court Walnut Creek, CA 94598 415/930-6011 Previous Address 149 Blacburn Road Summit Union, NJ History Anti-growth, anti-smoking Proposes controversial anti-smoking law in Walnut Creek. (SFC 3/22/91) Supports Measure G, slow growth measure. (SFC 11/8/89) Running mate of Evelyn Munn, proponent for slow-growth movement in Walnut Creek. (SFC 11/3/89) T!11431317
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ELMER H. "MATT" MA~SON Vital Statistics DOB: Party: POB: Sex: Marital Status: Education: Smoker: Property Owner: 8/18/33 (Age: 57) Republican Minnesota Male Single M.A. (University of Minnesota) No Yes Current Position: City Council member since 11/87; term expires ii/91. Profession: Claims Adjuster, Veterans Administration Address 960 Savannah Circle Walnut Creek, CA 94598 415/689-2471 History Slow Growth Supporter * Supports opening a homeless center in Walnut Creek. (SFC 11/28/90) * Supports Measure G (strict no-growth initiative). (SFC~ 6/8/89) * Endorsed by slow-growth coalition citizens for a Better Walnut Creek. (SFC 11/4/87) 5 T1!1431318
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EVEL~MARYMUNN Vital Statistics DOB: Party: POB: Sex: Marital Status: Education: Smoker: Property Owner: 4/7/40 (Age: 51) Republican New York Female Single (widowed) B.A. (University of California, Berkeley) No Yes Current Position: City Councilmember since 11/85; term expires 11/93 Former Profession: Flight attendant Address 35 Sandra Court Walnut Creek, CA 415/944-1786 94595 History Anti-growth Only councilmember opposed to development of townhouse project in Walnut Creek opposed by Environmentalists. (Oakland Tribune 6/29/90) Opposes Pacific Bell's plan to split the Central Contra Costa County yellow pages into two volumes, North and South. (SFC 5/10/90) Kicked out of group she founded, citizens for a Better Walnut Creek, because members say she was "bought out by developers and jumped ship." (SFC 11/3/89) Supports Measure G, a diluted version of Walnut Creek's 1985 Measure H, a slow growth law. Ms. Munn helped draft the measure, which was to make significant changes to Measure G and allow more development. (SFC 11/3/89) Serves as vice mayor of Walnut Creek. (SFC 8/9/88) 6 Tll 1431319
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Leads a movement to remove a vending machine selling condoms outside the Planned Parenthood in Walnut Creek, stating "'I feel it's probably indiscreet, at least, on the part of planned Parenthood, and I'd like to challenge them to prove the necessity of this under the First Amendment.'" (San Diego Union 10/23/87) Successfully leads a rejection of a special exemption for the "controversial" Town Centre Shopping Mall, which is considered a victory for slow-growth forces. (SFC 11/~/86) Opposes Measure B, which would impose a sales tax to speed reconstruction of Interstate 680 and Highway 24. (sFc I0/25/86) The group which Munn founded, Citizens for a Better Walnut Creek, successfully sponsors the Measure A initiative, to impose height restrictions on highrises. (SFC 3/14/85) 7 T!11431320
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GAILR. MURRAY Vital Statistics DOB: Party: POB: Sex: Marital Status: Education: Smoker: Property Owner: 8/22/50 (Age: 40) Democrat Wisconsin Female Married (James); 2 children Undetermined No Yes Current Position: City Council Member since 11/83, term expires 11/91 Former Positions: Mayor of Walnut Creek; U.C. Berkeley, Director of Transportation Address 3535 Cassena Drive Walnut Creek, CA 94598 (415) 937-0841 History Pro-growth supporter Only panelist to express concern about prospect of temporary regional government, formed with the power to ban developments deemed detrimental to the Bay Area. Murray states that "we worry about who will be in charge and where the power will be." (SFC 2/10/91) While mayor, backs plans to expand Interstate 680/Highway 24 with increased sales taxes, despite opposition. (SFC 8/19/90) While mayor, backs "Towne Center", claiming the center will provide even more of a boost to the city's businesses. (SFC 7/5/90) Reportedly elected as mayor with environmentalist support. (SFC 5/29/90) States that the Regional Center for the arts is "an important step forward in the cultural development of our region". (Business Wire 5/25/90) 8 TI11431321
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While mayor, Murray backs an incentive plan for Walnut Creek commuters to carpool. (SFC 12/29/89) While councilmember, states she will ask the city to explore alternatives to appealing a Contra Costa County judge's overturn of the county's controversial Measure H, the no-growth law. (SFC 1/21/87) T111431322
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GWENDOLYN W. REGALIA Vital Statistics DOB: Party: POB: Sex: Mari~l Status: Education: Smoker: Property Owner: i15140 (Age: 51) Democrat California Female Married (Edmond); 4 children Undetermined Yes Yes Current Position: Mayor Elected to city Council 11/87; term expires 11/9~ Former Position: Walnut Creek School Board Member Address 1950 Whitecliff Court Walnut Creek, CA 94596 415/ 934-6313 History Pro-growth As mayor, backs Walnut Creek's Regional Center for the Arts (SFC 3/29/91) "Newly elected council member Gwen Regalia", considered "one of the council's two remaining growth advocates" backs a temporary halt to new development (a moratorium for 45 days) as an attempt to look for "a good method to bring about growth management." (SFC 2/19/88). Endorsed for City Council by pro-growth newspaper publisher Dean Lesher (along with Gail Murray). 1/24/8v) (SFC Attempted to run for City Council in 11/85 (defeated). (SFC 11/1/85) i0 TIl1431323

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