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HomeMy WebLinkAboutMINUTES - 08041992 - 2.3 ., a,3 to: BOARD OF SUPERVISORS FROM: Mark Finucane, Health Services Director 'l Contra Costa DATE: July 15, 1992 _ County T SUBJECT: Report on the Status of the Contra Costa Model Smoking Ordinance SPECIFIC REQUEST(S)OR RECOMMENDATION(S)do BACKGROUND AND JUSTIFICATION RECOMMENDATION: Accept report from Health Services Director on the status of the Contra Costa Model Smoking Ordinance. FISCAL IMPACT: None BACKGROUND: In January, 1991, your Board directed the Health Services Department to make recommendations to strengthen the County Smoking Ordinance to make this County smoke free. A Model Smoking Ordinance banning smoking in work places, restaurants and public places and on the sale of tobacco products through vending machines was developed for use in all communities and the unincorporated areas. This Ordinance was passed by your Board in October, 1991. Since passage of the Model Ordinance, seven cities in Contra Costa County have strengthened their smoking ordinances to make them like the Model Ordinance. The success of Contra Costa County in implementing this Model Smoking Ordinance has placed this County and cities at the forefront in protecting the public health through tobacco control legislation. Public support for this type of legislation continues to grow in this County and in the cities as well as throughout the nation. CONTINUED ON ATTACHMENT: v YES SIGNATURE 4411 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON AUG 4 1992 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT S_� AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN..- ATTESTED_ _ . CC: Health Services Department ' U 7 Public Health PHIL BATC OR,CLERK OF THL BOARD OF R RS AND COUNTY AMDINISTRATOR BY DEPUTY Contra Costa County The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Tom Powers, 1st District Mark Finucane, Director Nancy C. Fanden, 2nd District Robert 1. Schroder, 3rd District WrightMGPeak, 4th District . 20 Allen Street Sunne \ Martinez, California 94553-3191 Tom Torlakson, 5th District (510) 370-5003 (510) 370-5098 Fax 1?. : - County Administrator p.,�� A;,� Phil Batchelor County Administrator TO: Contra sta :J4T1_t_h Board of Supervisors FROM: Mark inucane, Services Director BY: Wendel Brunner, M.D. f�� Assistant Health Services Director for Public Health DATE: May 22, 1992 SUBJECT: REPORT ON THE STATUS OF THE CONTRA COSTA MODEL SMOKING ORDINANCE In 1985 Contra Costa County became the first multi-jurisdiction county in the nation to adopt uniform legislation restricting smoking in the workplace and in public places, when the 18 cities and the county adopted the Model Smoking Ordinance proposed by the Smoking Education Coalition. Since that time, further scientific evidence has accumulated documenting the health impacts of second- hand smoke. This information prompted Contra Costa County policy- makers to update, strengthen, and simplify the existing county-wide ordinance to bring it in line with current scientific evidence. BACKGROUND FOR THE MODEL ORDINANCE In January 1991, the Contra Costa County Board of Supervisors directed the Health Services Department to prepare recommendations for strengthening the county ordinance, with the goal to make Contra Costa County smokefree. In May of 1991, . the City of Walnut Creek strengthened their ordinance by completely banning smoking in the workplace and phasing in a 100% ban on smoking in restaurants and public places . Recognizing the value of a uniform ordinance throughout the county, the City/County Relations Committee developed a Model Smoking Ordinance suitable for all of the communities in Contra Costa County. Key provisions of that ordinance include a complete ban on smoking in workplaces, restaurants, and public places and a ban on the sale of tobacco products through vending machines which provide minors with easy access to cigarettes . History of Contra Costa County Leadership in Smoking Control • March 1985: Smoking Education Coalition (SEC) developed model smoking ordinance for county and cities . Merrithew Memorial Hosbital &Clinics Public Health • Mental Health Substance Abuse Environmental Health • Contra Costa Health Plan Emergency Medical Services Home Health Agency Geriatrics • September 23, 1985: City of Richmond was the first to pass the proposed SEC smoking ordinance. • September 24, 1985: Contra Costa County Board of Supervisors passed Ordinance No. 85-57, prohibiting smoking in all enclosed areas available to the general public. • January 6, 1986 : City of Pleasant Hill was the last of the 18 cities in Contra Costa County to pass a smoking ordinance. • July 1987: Contra Costa County Health Plan linked premiums to smoking status . • August 1987 : Contra Costa County Health Services Department declared all facilities smokefree. • January 1991: Contra Costa County Board of Supervisors announces intent to make county smokefree. • May 1991: City of Walnut Creek amended smoking ordinance. • August 26, 1991: Contra Costa County Health Services Department and the Bay Area Cancer Coalition sponsor a press conference featuring the chairperson of the City/County Relations Committee, which was instrumental in killing SB 376 . This cleared the way for strong local tobacco ordinances. • October 1991: City/County Relations Committee adopts a model ordinance for Contra Costa. • October 1991: Contra Costa County Board of Supervisors passes Model Ordinance. MODEL ORDINANCE ACTIVITY IN LAST SI% MONTHS - SEE CHART Seven Contra Costa cities plus the county have strengthened their smoking ordinances in the direction of the Model Ordinance, including Walnut Creek, which was the first, E1 Cerrito, Hercules, Lafayette, Martinez, Orinda, Pinole and the unincorporated areas of Contra Costa County. The improved ordinances all include a 100% smoking ban in workplaces and a ban in restaurants ranging from 60% to 100% of the seating area. In addition, all the ordinances except Martinez include either a 100% ban on vending machines or allowances for human-operated, Health Department approved vending machines only. The County and the cities of Martinez, E1 Cerrito, Hercules and Orinda (except for four restaurants) all have 100% smokefree restaurants . Walnut Creek will go from its current 75% non-smoking in restaurants to 10 0% smokefree on September 7, 1992 or when a majority of the nine Central and South County cities and the county adopt a complete ban in their restaurants, whichever comes first. 2 Other cities are considering the Model Ordinance. Clayton will have a public hearing on June 16, 1992. The City/County Relations Committee decided they would take the initiative to bring together the cities of East County--Antioch, Brentwood, and Pittsburg--and also the Central County cities, particularly Concord and Pleasant Hill, to encourage them to adopt the ordinance in a coordinated fashion. Danville's Chamber of Commerce studied both the City/County ordinance and their existing city ordinance and recommended changing to a 100% ban on smoking in restaurants, unless the restaurant has separate rooms. In San Pablo the Assistant City Manager has requested a copy of the City/County ordinance because the Council is particularly interested in a smoking ban in the workplace. HEALTH SERVICES DEPARTMENT STAFF AND COALITION ACTIVITIES ' 'TO SUPPORT THE ORDINANCE Tobacco Prevention Project staff and members of the Coalition have played a crucial role in mobilizing communities to lobby their councils in support of the Model Ordinance. The three voluntary agencies (American Heart Association, American Lung Association, and American Cancer Society) have also been extremely helpful in providing volunteers and contacts in the cities, as has the Public and Environmental Health Advisory Board. Staff and Coalition volunteers (including the voluntaries) have carried out the following activities : • Mobilized speakers to come to each Council hearing involving tobacco. This has involved identifying and contacting local residents and encouraging them to mobilize others. Staff and Coalition members have also written letters and testified at hearings . • The Health Services Department has been represented as the County and City Health Department at each .City Council which has considered a tobacco ordinance. • Coordinated public surveys in front of grocery stores in Martinez, Pittsburg, Antioch, and Brentwood. Residents were asked seating preferences in restaurants and whether or not they supported a 100% ban on smoking in restaurants. Sixty- one percent (61%) polled supported the 100% ban. • Staff have provided technical assistance to cities, including distributing information packets and making presentations to the Chambers of Commerce and other local groups . Staff have attended all hearings and answered questions about the health effects of secondhand smoke, details of the City/County Model Ordinance, and the economic impact of similar ordinances in other counties . 3 j • Staff have worked closely with the media, which has played a critical role in the ordinance campaigns . Health Services Department representatives and Coalition members met .with- the editorial board of the Contra Costa Times . The Times has strongly editorially supported the ordinance campaign. The Contra Costa media have provided extensive coverage on ordinance activities, results of community opinion surveys, tobacco industry activities, and other tobacco prevention activities . The press has also been an effective forum for citizens to express their opinions and support for the ordinance. TOBACCO LOBBY ACTIVITY IN CONTRA COSTA COUNTY The Tobacco Lobby has had a strong presence in trying to fight the ordinance movement in Contra Costa County. The California Business and Restaurant Association (CERA) , Restaurants for Sensible Voluntary Policies (RSVP) , and Fairness for Contra Costa, all tobacco industry creations, have actively opposed smoking bans in our county. Representatives of these groups have been identified at most of the City Council hearings, bringing business owners (including one woman from Bellflower) to speak out against the 100% smoking ban in restaurants . Other Contra Costa restaurant and business owners have had their own genuine concerns, which they have expressed and which we have attempted to answer. The tobacco groups have sent mailings to restaurant owners in the county and sent out petitions throughout the county. The Tobacco Lobby also spent more than $114,000 in the Richmond city election to defeat a ban on tobacco and alcohol billboard advertising near schools. OUTLOOK FOR THE CONTRA COSTA COUNTY MODEL ORDINANCE Contra Costa' s successes in implementing a Model Smoking Ordinance have placed our county and cities at the forefront of the state and nation in local efforts to protect public health through tobacco legislation. While most of the controversy in council chambers has been over the details of smoking bans in restaurants, all of the cities which have passed or are considering smoking ordinances have included a 100% ban in workplaces without dispute. This provision alone will have a profound impact on public health. Public support for the Model Ordinance has also grown over the last six months. This growth in support is particularly evident in cities which have passed the Model Ordinance, as evidenced by the strong public showings for the ordinance in Martinez and Walnut Creek in April. We anticipate that this support will continue, and that more cities will strengthen their ordinances over the next several months. 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