HomeMy WebLinkAboutMINUTES - 06181991 - H.3 H.3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 18, 1991 by the following vote:
AYES: Supervisors Fanden, Torlakson and McPeak
NOES:
ABSENT: Supervisors Powers, and Schroder
ABSTAIN:
--------------------------------------------------------------------
--------------------------------------------------------------------
Subject: Proposed Smoking Ordinance
The Chair convened the hearing on the proposed smoking
ordinance and noted that Supervisor Powers and Supervisor Schroder,
who were unable to attend the hearing, requested the decision be
deferred to next week.
Mark Finucane, Health Services Director, spoke on the compari-
son of the present County ordinance and the proposed ordinance and
the milestones that have occurred since the County first took up
smoking as a major public health priority in 1985. He referred to
the organizations contacted who assisted in compiling the informa-
tion on second-hand smoke and the need to focus on this matter. Mr.
Finucane presented the following recommendations of the Health
Department:
1. Ban smoking in all work places with two or more employees;
2. Designate non-smoking areas of at least 70 percent in
outdoor sporting arenas and amphitheaters;
3 . Ban smoking in all restaurants and in bars sharing enclosed
space with restaurants with this provision to become effective on
November 21, 1991 to coordinate with the American Cancer Society's
"Great American Smokeout" ;
4. Create a minimum standard of 70 percent for non-smoking
areas in any place required to establish a non-smoking area by the
ordinance;
5. Eliminate the sale of tobacco products in vending machines;,
6. Ban distribution of free samples and coupons for free
products in public places; and
7. Ban the out of package sale of individual cigarettes.
Mr. Finucane expressed the belief that reducing the availa-
bility of tobacco products has significant public support.
Dr. Brunner, Public Health Director, spoke on the clinical and
epidemiology updates since 1985, and the evidence and changes in
public attitudes that support strengthening the ordinance. He
stated that since 1985 a number of studies on the effects of second-
hand smoke have concluded that it causes cancer in non-smokers and
that as a result of these studies, the Health Department proposes a
complete ban on smoke in the workplace. He commented on the rights
of workers to have a healthy workplace, free from occupational
carcinogens, and safe to function in.
Nedra Overall, Tobacco Control Project, presented an overview
of the activities undertaken to present these proposals. She
listed a wide variety of organizations contacted for their input,
including the Environmental Protection Agency, Cal/OSHA, Contra
Costa Mayors' Conference, City/County Relations Committee, labor
organizations, etc.
1
Supervisor Torlakson commended the Health Department staff on
their work. He advised that the public has expressed an interest in
participating in a smoking ordinance workshop. He also expressed
the need for a .uniform ordinance to eliminate the possibility of
businesses leaving one jurisdiction for another. Supervisor
Torlakson commented on the feasibility of the City/County Relations
Commission participating in working on a model ordinance for the
County.
Supervisor McPeak stated that when the ordinance was introduced
in January staff was directed to work with all cities to develop a
uniform approach as well as seek the assistance of the American
Cancer Society, the Heart Association and the Lung Association. She
concurred with staff's recommendation for the ordinance to become
effective during the "Great American Smokeout Week" in November.
Victor Westman, County Counsel, noted the revised draft
ordinance prepared by his office has a number of changes in it and
requested direction on various issues to assist in the preparation
of another draft ordinance.
The Chair declared the hearing open and the following persons
spoke:
1. Joel White, M.D. , 115 La Casa Via, #102, Walnut Creek,
Assistant Clinical Physician, representing the American Cancer
Society, spoke in support of the ordinance.
2 . Tom Hall, P.O. Box 6181, Concord, representing the American
Heart Association, spoke in support of the ordinance, and urged
the Board to adopt it.
3 . Joe Burbulis, Jr. , 245 Briar Drive, Martinez, owner of a
business in Walnut Creek, spoke against the proposed ordinance,
and submitted a petition signed by his employees.
4. Linda Wadsworth, 3899 Main Street, Oakley, representing the
Buzz Inn, spoke against the proposed ordinance, stated that
ventilation at the Inn is sufficient, and also that the patrons
should make their own decision to enter an establishment that
allows smoking.
5. Phyllis Roff, 2893 San Carlos Drive, Walnut Creek, spoke in
support of the ordinance.
6. DeLois Basnett, 105 Astrid Drive, Pleasant Hill, Executive
Director of American Lung Association, spoke in support of the
ordinance, stating that the smoking rates among kids have not
dropped in the last 10 years.
7. Harry York, 2151 A Salvio Street, Concord, Executive Vice
President, Concord Chamber, recommended working with the cities
to create a uniform ordinance that can be practical and
enforceable.
8. Joan Taylor, 2045 Mt. Diablo Street, Concord, owner Hobies Road
House, spoke against the ordinance, and stated that this ban
will hurt her business.
9 . Ronald Rutherford, 5915 Pacheco Blvd. , Pacheco, representing a
bowling center, spoke against the ordinance.
10. Rose Marie Ball, 5751 Bridgehead Road, #33, Antioch, Security
Officer, USS-POSCO, spoke in favor of the ordinance.
2
a
11. Glenn Cornette, 1590 Solano Way, Bldg. A, Concord, Safety
Coordinator, InfoMax, ComputerLand, spoke in favor of the
ordinance, and stated that his company has developed its own
smoking policy.
12 . Frank Andronico, 4651 Gateway Road, Bethel Island, Frank's
Marina and Frank's Cove owner, expressed opposition to the
ordinance because of its possible negative impact on business,
submitted petitions with approximately 7, 000 signatures against
the ordinance, and requested to meet with County representa-
tives on this matter.
13 . Louise Lee, 1600 Carmel Drive, Walnut Creek, Kaiser Hospital,
spoke in favor of the ordinance, and referred to the impact of
second-hand smoking on children.
14. Steven Roberti, 525 Green Street, Martinez, Executive
Secretary, Central Labor Council, AFL-CIO, spoke in favor of
the ordinance, noting that containing health care costs are an
important issue.
15. Jim Woodworth, 2151 Salvio St. , Ste. N, Concord, representing
the Concord Convention and Visitors Bureau, concurred with most
of the ordinance, noted some aspects will have a major affect
on the hotel, restaurant, and entertainment businesses. He
requested that the Board postpone its decision until after the
Mayor's Conference meeting where this issue will be discussed.
16. Robert Simmons, 1777 N. California Blvd. #210, Walnut Creek,
representing "Just Say No" International, spoke in favor of the
ordinance, expressed support regarding vending machines, and
asked the County to look into advertising that young people are
subjected to.
17. Brian Duskin, Marketing Director, Sheraton Concord, stated he
is in favor of most provisions in the ordinance, suggested
deferring decision until after consideration by the Mayors'
Conference, and supported designated non-smoking areas.
18. Carolyn Boval, 105 Astrid Ave. , Pleasant Hill, representing
Smoking Education Coalition, urged the Board to continue with
the ordinance, and also commended the Board on their work.
19. Bill Cody, 5300 Clayton Road, Concord, owner Clayton Valley
Bowl, requested some changes to the ordinance with reference to
the sports arena category such as that referred to in the New
York ordinance, and he also requested reconsideration of the
vending machine requirements.
Supervisor McPeak invited the public to submit suggestions and
language to Mr. Finucane so that it can be added to the record.
20. Ionia M. White, (address not given) spoke against the
ordinance, and stated that people should have the right to
freedom of choice.
21. Pat Christensen, 600 San Pablo Ave. , Pinole, restaurant owner,
spoke against the ordinance.
22 . Barbara Lasky, 1920 Tortoise Place, Walnut Creek, Nurse,
volunteer, American Heart Association, expressed support for
any ordinance that will limit smoking.
23 . Damien Lewis, 800 Coach Drive, Oakland, spoke in favor of the
ordinance.
3
24. Frank Abercrombie, 3893 Willow Road, Bethel Island, owner
bar/restaurant, spoke against the ordinance.
25. Bill Billeci, P.O. Box 55, Bethel Island, owner bar/restaurant,
. suggested that any new bar/restaurant have separate areas, and
he requested a workshop.
26. Peggy Pricco, 489 Moraga Road, Moraga, representing Rheem
Valley Bowl, spoke against the ordinance, and advised that the
Rheem Valley Bowl is designed with consideration of non-smokers
and smokers.
27. James Von Schrader, 1541 Botelho Drive, Walnut Creek, spoke in
favor of the ordinance.
28, 29, 30. Lorri, Shauna and Justin Sullivan, 901 Dartmouth Way,
Concord, spoke in favor of the ordinance, and informed the
Board of their participation in the Sting Operation which
involved minors purchasing cigarettes from vending machines,
noting that some machines sell both candy and cigarettes.
Supervisor McPeak expressed appreciation to the Sullivans for
their participation in the Sting project.
31. Ruth Steiner, Martinez, 525 Henrietta St. , Martinez, spoke on
the City of Martinez's smoking ordinance and stated she was
available for any questions that the Board may have.
32 . Yukio Sugimoto, 362 Linda Drive, San Pablo, owner of a bowling
center in Richmond, stated opposition because of possible
detriment to his business.
33 . Charles Crane, attorney, 5 Keller St. , Suite D, Petaluma, had
previously represented an employee who became ill due to his
exposure to cigarette smoke, and stated the ordinance is well
written.
34. Marvin Ellenberg, 7677 Oakport Street, #460, Oakland,
representing Oakland Vending Service, asked for an exception to
the ordinance, to exclude from the ordinance any "attended"
vending machine.
35. Amy McQueen, 3386 Westport Ct. , Walnut Creek, Youth Educator,
expressed support for the ordinance. She informed the Board
that the Phillip Morris Company contacted their house and asked
them to participate in today's hearing, without emphasizing how
to vote.
36. Fred Ghaemmaghami, 3400 Main Street, Oakley, owner Becky's
Restaurant, spoke against the ordinance because of its possible
impact on his business.
Melva Estes, Kathryn Gallegos and Grace Wu submitted written
comments of their opposition to the ordinance.
Supervisor Torlakson suggested that staff hold workshops with
interested groups to receive input and get dialog.
All persons desiring to speak having been heard, IT IS BY THE
BOARD ORDERED that the hearing is CLOSED.
4
Supervisor McPeak conveyed her support in adopting the
ordinance with some clarifications needed. She recommended that
written testimony be accepted until 5 P.M. Friday, June 21, 1991,
and that decision be deferred to June 25, 1991 with the Clerk
instructed to list this matter for consideration on the
Determination Calendar. She requested staff to review the testimony
presented this day for use as a framework for workshops with cities,
to seek assistance of the Smoking Education Coalition, and to
develop a time schedule for completing the process for subsequent
presentation to the Board.
Supervisor Torlakson concurred and requested clarification from
staff on issues including smoking in open bars and restaurants, the
option of ventilation systems in bar areas if they are not separated
from the restaurant, the language in the ordinance that pertains to
separate bars allowing smoking, and the affected employees.
Board Members being in agreement, IT IS BY THE BOARD ORDERED
that the recommendations and requests of Supervisors McPeak and
Torlakson are APPROVED.
I hereby certify that this Is a We and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on"date shown.
ATTESTED., June 18, 1991
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
Deputy
cc: Health Services Director
County Administrator
5