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STUDY SESSION SMOKING POLLUTION PROTECTION ORDINANCE City of El Cerrito City Council Meeting May 20, 2014 Agenda Item No. 7(A) ---PAGE BREAK--- El Cerrito Strategic Plan Goal E: Ensure the Public’s Health and Safety Strategy: Explore innovative and best practices for promoting public health smoking ordinances, nutrition, and obesity prevention). ---PAGE BREAK--- Why Smoking Pollution Protection? Risk to Public Health Environmental Risk Financial Drain Safety ---PAGE BREAK--- El Cerrito Trash Generation Map Highest concentration of trash is in commercial areas On Earth Day 2014, 4300 cigarette butts were collected along San Pablo Avenue ---PAGE BREAK--- Smoking Pollution Protection Ordinance Proposed Smoking Pollution Protection Ordinance could potentially regulate smoking within the City limits and/or in the following categories: ⁻ Parks, recreation areas, and open space ⁻ Indoor public spaces ⁻ Multi-unit family housing ⁻ Commercial zones and outdoor public spaces ⁻ Businesses that sell tobacco products ---PAGE BREAK--- Current California State Regulations Government Buildings Smoking is prohibited within 20 feet of entrance or operable window of a public building Parks & Recreation Areas Smoking is prohibited within 25 feet of tot lots and playgrounds Multi-Family Housing Smoking banned in indoor common areas where someone is employed (property manager, maintenance worker, etc.) Landlords required to inform tenants about areas on site where smoking is prohibited Tobacco Sales State law currently regulates access to and sales of tobacco products as well as the sampling of these products ---PAGE BREAK--- El Cerrito’s Report Card American Lung Association’s report examines 3 categories: 1. Outdoor smoking restrictions = F 2. Requirements for non-smoking units in multi-unit housing = F 3. Local licensing and sales restrictions for retailers = F 61% of California municipalities received F grades Only 18 cities/counties in California received A grades Contra Costa County: Richmond, unincorporated Contra Costa (including Kensington) Alameda County: Albany, Berkeley, Dublin, Union City Marin County, San Rafael ---PAGE BREAK--- Parks, Recreation Areas, and Open Space Options: All recreation areas 100% smokefree Smoking restricted in all parks, recreation areas, and open space, but designated smoking areas are permitted Smoking prohibited in some parks but not all recreation areas ---PAGE BREAK--- Commercial Areas Considerations: Sidewalks (i.e. San Pablo Avenue, Fairmount Avenue) Shopping Centers Transit stops Service areas and other outdoor locations where people congregate (ATM lines, taxi stands, etc.) ---PAGE BREAK--- Multi-Family Housing Options: Ban outright every unit (current and new) Ban outright any new units built since law passed (current units grandfathered in) Partial ban with designated smoking areas/units Ban in common areas, shared space, patios, balconies, carports Considerations: Number of units (2 or more? 3 or more? 4 or more?) Segregation of units/buildings Signs for smoking/non-smoking Percentage of smokers/non- smokers Senior and Affordable Housing Hotels/Motels Medical Marijuana ---PAGE BREAK--- Reducing Sales of Tobacco Products Separate ordinance regulating businesses could include: Tobacco Retailer Licensing: require all retailers to obtain a special license to sell tobacco within City Restrict or prohibit sales near schools or parks Restrict or prohibit sales within pharmacies Prohibit tobacco sampling within the City ---PAGE BREAK--- Contra Costa County Comprehensive Secondhand Smoke Protections Ordinance Prohibits smoking: In any indoor workplace and buildings open to the public Within 20 feet of all doors, operable windows, air ducts and ventilation systems of enclosed places open to the public Outdoor dining at bars and restaurants On public trails and in public parks Service areas (ATM lines, bus stops, ticket lines) Public events (farmer’s markets, etc.) campus and clinics In Multi-family housing of 2 or more units, smoking is prohibited: All indoor and outdoor common areas Within 20 feet of all doors and windows of any residence On all balconies, patios, decks and carports for all existing and new multi-unit housing residences In 100% of all new MFH units Landlord disclosure of where smoking is permitted is required ---PAGE BREAK--- Other Contra Costa & Alameda County Cities with SHS Protections Outdoor Protections Martinez, Pinole, Pleasant Hill, Richmond, Lafayette, San Ramon Walnut Creek Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Oakland, San Leandro, Union City Multi-Family Housing Protections Martinez, Pinole, Pleasant Hill, Richmond, Lafayette, San Ramon Albany, Dublin, Emeryville, Fremont, Oakland 100% Smokefree MFH Richmond, Walnut Creek Alameda, Berkeley, Union City ---PAGE BREAK--- ENDDs: “E-Cigarettes” Electronic Nicotine Delivery Devices (such as e-cigarettes) are being considered by a growing number of cities for regulation in the same way as tobacco products ENDDs are prohibited where smoking is prohibited in and requires a Tobacco Retailers License to sell these products in Contra Costa County and City of Richmond City Council could consider including this type of delivery system in any proposed smoking pollution protection ordinance ---PAGE BREAK--- El Cerrito Online Survey Results 158 respondents as of 5/12/2014 93% reported that they live, work, or own property in El Cerrito Comments had a wide range of views: mostly supportive of an ordinance, but many also concerned about overreach of City government in this type of regulation 72.8% 16.6% 10.6% Would you like to see the City of El Cerrito enact regulations to protect the public from secondhand smoke? Yes No Not Sure ---PAGE BREAK--- El Cerrito Online Survey Results 0% 20% 40% 60% 80% 100% On all public sidewalks Outdoor common areas in apartment complexes and multi- family housing Inside units in apartment complexes and multi-family housing City facility outdoor areas including parking lots On sidewalks in commercial areas Commercial Areas Ohlone Greenway City parks and playfields Hillside Natural Area/Open Space At bus stops and designated casual carpool areas Indoor common areas in apartment complexes and multi- family housing Outdoor dining areas and retail spaces What types of smoke protection regulations would you like to see in El Cerrito? No changes to current regulations Limit smoking to designated areas Completely prohibit smoking Don't know ---PAGE BREAK--- El Cerrito Online Survey Results 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% The City should do more to regulate businesses that sell tobacco products Third-hand smoke is a problem Cigarettes are dangerous because they can cause house fires Cigarettes are a litter problem Cigarettes are dangerous because they can cause wildfires Second-hand smoke is a problem What is your opinion regarding the following statements as they relate to El Cerrito? Strongly Agree Agree Disagree Strongly Disagree Don't know ---PAGE BREAK--- Community Meeting 2/27/2014 Participants agreed that regulation was necessary Some suggested considering a complete ban within entire City limits Litter, especially in commercial areas, perceived as a growing problem Regulations should deter litter in addition to use Important for stormwater runoff: litter is polluting the Bay Impact on performance with stormwater Municipal Regional Permit Culture change: enforcement may not end up being perfect, but the message that El Cerrito seeks to protect its citizens from a public health issue is important ---PAGE BREAK--- Next Steps – El Cerrito City Council direction on options Continued Outreach to specific groups (Landlords, Tenants, Chamber of Commerce, business groups) Community Input on Draft Ordinance City Council Consideration July/August ---PAGE BREAK--- Options Discussion Level of restriction within El Cerrito Parks, Open Space Commercial Areas Multi-Family Housing Other considerations Medical Marijuana E-Cigarettes Tobacco Sales Regulations