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COMMUNITY WORKSHOP SMOKING POLLUTION PROTECTION ORDINANCE City of El Cerrito Council Chambers June 5, 2014 ---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--- 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--- 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--- Community Engagement Process Research on what other communities are doing Community input on desired levels of restrictions PRC (July 2013) EQC (August 2013) Online survey (Fall ‘13-Spring ‘14) Community Meeting (Feb 2014) Outreach to landlords, tenants, Contra Costa Health Services , Chamber of Commerce, Save the Bay, California Apartment Association, etc ---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--- Council Study Session 5/20/14 Develop a Smoking Pollution Protection Ordinance to regulate smoking within the City limits Parks, Open Space Commercial Areas Multi-Family Housing Public Sidewalks Other considerations Medical Marijuana E-Cigarettes Tobacco Retailers License ---PAGE BREAK--- Proposed 100% Smoke-free Parks Parks Recreation Areas Ohlone Greenway Hillside Natural Area Open Space Trails ---PAGE BREAK--- Proposed 100% Smoke-free Commercial Areas Shopping Centers Outdoor dining areas of bars and restaurants Sidewalks Transit stops Service areas and other outdoor locations where people congregate (ATM lines, taxi stands, etc.) ---PAGE BREAK--- Proposed 100% Smoke-free Multi-Family Housing Ban in all new units built Ban in existing units; phase-in at time of lease change or 12 months, which ever is sooner Ban in all indoor and outdoor spaces on the property including common areas, patios, balconies, carports Multi-unit = 2 or more units Landlord to provide disclosure and signage Include Hotels/Motels ---PAGE BREAK--- Additional Areas to Research Proposed 100% Smoke-free Public Sidewalks Research banning smoking on public sidewalks through out town. Increase fines for littering Research fines that are significant enough to fund an enforcement officer, signage and education. Sale of Tobacco Consider changing minimum age to purchase tobacco products to 21 years old. ---PAGE BREAK--- Proposed Tobacco Retailers License Separate ordinance regulating businesses: 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 Restrict outdoor advertising of tobacco ---PAGE BREAK--- Current Zoning Regulations ECMC19.20.210 Tobacco sales Tobacco sales shall be located, developed, and operated in compliance with the following standards: A. Location. 1. Minimum distance from a residential district boundary: 500 feet. 2. Minimum distance from other Tobacco Sales: 1,000 feet. 3. Minimum distance from educational, religious, or cultural institutions and public parks: 500 feet. B. Maximum Size. The maximum floor area that may be occupied by a Tobacco Sales use is 5,000 square feet. Additional floor area requires approval of a Conditional Use Permit. C. Hours of Operation. 8:00 a.m. to 10:00 p.m., seven days a week. D. Litter. One permanent, non-flammable trash receptacle shall be installed and monitored in a clean and orderly fashion in the parking area adjacent to the entrance/exit. E. Exceptions. Exceptions to this Section shall require a Conditional Use Permit. (Ord. 2008-2 Div. II (part), 2008.) ---PAGE BREAK--- Proposed Enforcement Program Use portion of revenue from Tobacco Retailers License to fund enforcement of sales restrictions Modeled after ABC program to enforce alcohol sales Train law enforcement Educate business owners and employees Conduct periodic “sting” operations about selling to minors ---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 Prohibit ENDD use where smoking is prohibited Require a Tobacco Retailers License to sell these products ---PAGE BREAK--- Marijuana El Cerrito already has medical marijuana dispensary regulations Include marijuana in new regulations Prohibit smoking of marijauna where tobacco smoking is prohibited ---PAGE BREAK--- Next Steps – El Cerrito Staff write draft ordinances Public review City Council Consideration July/August/September Implementation