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HomeMy WebLinkAboutMINUTES - 06032014 - D.2RECOMMENDATION(S): INTRODUCE Ordinance No.2014-06, amending the County’s Secondhand Smoke Ordinance to prohibit smoking in outdoor areas of County facilities, WAIVE reading, and FIX June 17, 2014 as the date for adoption. FISCAL IMPACT: Minimal fiscal impact. A portion of the Prop 99 funding Contra Costa Health Services receives for its Tobacco Prevention Project could be allocated to implementation. BACKGROUND: The Board of Supervisors adopted a comprehensive Secondhand Smoke Protections Ordinance in 2006 on the heels of the California Air Resources Board report which designated secondhand smoke as a toxic air contaminant based on a review of the research linking secondhand smoke with numerous adverse health effects. The Board strengthened these protections in October 2009, October 2010 and again in April 2013 in response to community complaints regarding drifting smoke in multi-unit housing and the need for additional policies to protect public health. In November, 2013 the Tobacco Prevention Project presented information to the Family and Human Services Committee that current State law prohibiting smoking within 20 feet of doorways of government buildings does not fully address the issue of secondhand smoke exposure on county property. In addition, Project staff presented information on the County’s Secondhand Smoke Protections Ordinance which prohibits smoking on the campus of the Contra Costa Regional Medical Center and health clinics, however does not cover other county building campuses. Despite these protections, the Project continues to receive complaints regarding secondhand smoke on County properties intruding on employee and/or visitors coming to county offices and smoke drifting into county APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dorothy Sansoe, 925-335-1009 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: June 3, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 2 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:June 3, 2014 Contra Costa County Subject:Revision to the County Secondhand Smoke Ordinance to Prohibit Smoking in Outdoor Areas of County Facilities offices. After hearing this report, the Family and Human Services Committee directed staff to work with County Counsel to draft a revision to the County’s Secondhand Smoke Protections Ordinance that would make all County properties smokefree. The Committee also requested that provision of cessation information to be part of implementation plan. Staff subsequently worked with County Counsel to develop the proposed amendment to the County Secondhand Smoke Protections Ordinance attached. Tobacco Prevention staff also presented information on continuing complaints received regarding secondhand smoke drifting between units in multi-unit housing. Smoke drifting from multi-unit housing units travels through vents, electrical outlets and even through walls to other units, often causing health issues for non-smoking neighbors. The County’s Secondhand Smoke Protections Ordinance currently prohibits smoking in some areas of multi-unit housing including balconies, decks, patios, carports; in common indoor and outdoor areas like laundry rooms and swimming pools; and within 20 feet of doors and windows of units. It does not address smoking inside individual units. The Family and Human Services Committee did not direct staff to explore policy options to address this issue at this time. BACKGROUND: (CONT'D) PROPOSED AMENDMENT TO THE COUNTY’S SECONDHAND SMOKE AND TOBACCO PRODUCTS ORDINANCE (Chapter 445 of the County Code). The Family and Human Services Committee directed staff to work with County Counsel to draft an amendment to the County’s current ordinance to address secondhand smoke exposure on County building campuses. On April 14, 2014, the Family and Human Services Committee reviewed and approved the attached ordinance amendment to prohibit smoking on County building campuses. The draft ordinance (Attachment I) prohibits smoking on property owned or leased by the County. The ordinance accomplishes this by amending the definitions of “County Facilities” (subsection (b) of the section 445-4.002) to include all outdoor areas owned or leased by the county, including parking lots, the grounds of the county’s hospital and health clinics and the grounds of all other buildings owned or leased by the County. IMPLEMENTATION: There are several models for smokefree campuses, including the Contra Costa Regional Medical Center, County health clinics, and most recently, all campuses of the University of California. San Luis Obispo adopted a similar ordinance in 2012, with a limited number of properties that allow designated smoking areas. Staff will consult with jurisdictions and organizations that have adopted smokefree campuses and identify implementation challenges and best practices. An implementation plan will be developed by staff, which will include revising “A Guide to Contra Costa County’s Secondhand Smoke Protections Ordinance” brochure (Attachment II) to reflect the changes; dissemination of information about the policy change, signage and cessation resources to all affected sites; presentation to safety coordinators and site managers for all county building sites; and consultation with the Public Information Officer for the county regarding effective ways to notify staff and public of the changes. As part of implementation of the new provision, some County property managers will need to develop their own property policies to keep smoking away from pedestrian right of ways on the perimeter of county properties. Receptacles at the property line may need to also be considered to contain toxic cigarette butt waste and reduce the likelihood of this waste going into the street and storm water drains. CONSEQUENCE OF NEGATIVE ACTION: The public's health may not be protected to the extent possible. CHILDREN'S IMPACT STATEMENT: Not Applicable. CLERK'S ADDENDUM Speaker: Ralph Hoffman, resident of Walnut Creek. ATTACHMENTS Ordinance Showing Strike Outs Ordinance - Final Version