HomeMy WebLinkAboutMINUTES - 07272010 - SD.4RECOMMENDATION(S):
INTRODUCE Ordinance No. 2010-10, which prohibits smoking in certain outdoor areas of
existing multi-unit residences; prohibits smoking in all dwelling units of new multi-unit
residences and requires non-smoking provisions to be added to specified leases and lease
amendments, WAIVE reading, and FIX August 3, 2010 for adoption.
FISCAL IMPACT:
Minimal fiscal impact. A portion of the Proposition 99 funding Contra Costa Health
Services receives for it Tobacco Prevention Project could be allocated to implementation.
BACKGROUND:
Secondhand Smoke is designated a Class A, known human carcinogen by the U.S.
Environmental Protection Agency. A 2005 California Environmental Protection Agency
report points to even stronger evidence linking secondhand tobacco smoke to a wide variety
of adverse health effects, including increased incidences of cancer, heart disease and
respiratory ailments. This report led to the designation of secondhand smoke as a toxic air
contaminant by the California Air Resources
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/27/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:See Addendum
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Wendel Brunner, M.D,
313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: July 27, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Barbara Borbon, Jamie Jenett
SD. 4
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:July 27, 2010
Contra
Costa
County
Subject:Strengthening Secondhand Smoke Protections Ordinance to Protect Residents of Multi-Unit Housing from
Secondhand Smoke Exposure
BACKGROUND: (CONT'D)
Board in January 2006. In June 2006, the US Surgeon General declared that there was no
safe level of exposure to secondhand smoke. The Board of Supervisors adopted the
Secondhand Smoke Protections Ordinance later that year and strengthened these
protections in October 2009. (See Attachment 1, “Provisions of Contra Costa County
Secondhand Smoke Protections Ordinance, March 2010”).
Since January 2009, four cities in Contra Costa County have adopted Comprehensive
Secondhand Smoke Protections policies with strong Multi-unit housing provisions,
including three that prohibit smoking in 100% of all new Multi-unit housing. Multi-unit
housing drifting smoke complaints received by staff have increased and now constitute
over 50% the calls received.
After hearing a staff report in October 2009 on challenges to protecting residents from
secondhand smoke in Multi-unit housing and to implementing the County’s Ordinance,
the Family and Human Services Committee directed Health Services staff to work with
County Counsel to draft several new provisions to the Secondhand Smoke Protections
Ordinance for Board of Supervisor consideration. These new provisions were presented
to the Committee in May 2010 and include:
1) Designation of all new multi-unit housing units as 100% smokefree;
2) Designation of all balconies, patios, decks and carports as smokefree for all existing
and new multi-unit housing residences; and
3) Requiring lease terms that designate smoking in a non-smoking area as a breach of the
lease.
The proposed amendments to the Secondhand Smoke Protections Ordinance are intended
to address drifting secondhand smoke issues for those residents living in multi-unit
housing.
There was discussion of staff’s implementation plan for the proposed new provisions,
which included notification of landlords of these changes through a mailing to landlords
and through the Conservation and Development’s permit center. The Family and Human
Services Committee recommended these provisions move forward to the full Board for
consideration.
Attachments:
1. Provisions of Contra Costa County Secondhand Smoke Protections Ordinance, March
2010.
2. Ordinance 2010-10, Amendment to County Secondhand Smoke Ordinance, Division
445 of the County Ordinance Code.
CLERK'S ADDENDUM
Denice Dennis, Public Health Department, presented the staff report. The following
Denice Dennis, Public Health Department, presented the staff report. The following
people presented public comment: Serena Chen, American Lung Association; Ralph
Hoffman , resident of Walnut Creek; Ronald J. Andronico Jr., resident of Crockett;
Paul Doolittle, International Brotherhood of Electrical Workers (IBEW) Local 302
and Tobacco Prevention Coalition. Through consideration of introducing Ordinance
No. 2010-10, the Board voted unanimously to CONTINUE the matter to August 10,
2010, to include language clarifying the use of lease addendums in existing, versus new
multi-unit, housing units, and to specificly and clearly state that medical marijuana is
included in the proposed ordinance as a form of smoking. The Board also directed
County Counsel to review the laws pertaining to medical marijuana and directed
County staff to consult with the California Apartment Association to solicit their
feedback.
ATTACHMENTS
G:\C&G DIRECTORY\NON CONTRACTS\Ordinance 2010-10.pdf
G:\C&G DIRECTORY\NON CONTRACTS\Provisions of the Contra Costa CountySecondhand Smoke Protections
Ordinance March 2010.doc