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FAMILY AND HUMAN SERVICES COMMITTEE - Special Meeting

Meeting Date:	11/13/2017
Subject: Proposed Secondhand Smoke Ordinance - Multi-unit Housing
Submitted For:	FAMILY & HUMAN SERVICES COMMITTEE
Department:	County Administrator
Referral No.:	82
Referral Name:	Secondhand Smoke Ordinance
Presenter:	Daniel Peddycord, Public Health Director; Denice Dennis, Tobacco Prevention Program Manager	Contact:	Enid Mendoza, (925) 335-1039

Information

Referral History:

The issue of secondhand smoke and the associated health implications was first referred to the Family and Human Services Committee by the Board of Supervisors on March 1, 2006. Since that time the Health Services Department has provided annual reports to update the Committee and the Board of Supervisors on the problem and progress made to address it.

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 April 2013 in response to community complaints regarding drifting smoke in multi-unit housing and the need for additional policies to protect public health. On June 17, 2014 the Board of Supervisors adopted Ordinance 2014-06 which prohibits smoking on property owned or leased by the County.

On April 13, 2015, the Family and Human Services Committee accepted the Health Services Department's report on the implementation of the Secondhand Smoke Protections Ordinance and directed staff to develop draft ordinance language that would create 100% smokefree multi-unit housing for unincorporated communities and revise and strengthen the regulation of electronic smoking devices under County ordinances.

On July 18, 2017, the Board adopted Ordinance No. 2017-01, which included electronic smoking devices to the definition of "tobacco product" and established restrictions on the retail sales of emerging tobacco products such as electronic smoking devices.

The Health Services Department has been working closely with County Counsel to draft ordinance language to establish smokefree multi-unit housing policy for unincorporated communities.

Referral Update:

Please see the attached:
- Report from the Health Services Department with an update on the implementation of the Secondhand Smoke Protections Ordinance
- Draft Smokefree Multi-unit Residences Ordinance
- Redline version of the Secondhand Smoke and Tobacco Product Control Ordinance
- A Guide to Contra Costa County's Secondhand Smoke Protections Ordinance and For Property Managers, Developers and Landlords in unincorporated Contra Costa brochures.

Recommendation(s)/Next Step(s):

ACCEPT the annual report from the Health Services Department on the implementation of the Secondhand Smoke Protections Ordinance and DIRECT staff to forward the report to the Board of Supervisors for their information.

ACCEPT the draft Smokefree Multi-unit Residences Ordinance as recommended by the Health Services Department, and DIRECT staff to forward the draft ordinance to the Board of Supervisors for introduction and adoption.

DIRECT staff to include an annual update on the implementation of the Smokefree Multi-unit Residences Ordinance in their annual Secondhand Smoke Protections Ordinance report to the Family and Human Services Committee.

Fiscal Impact (if any):

There is no fiscal impact, the recommended ordinance provisions would be implemented by the Public Health Division's Tobacco Prevention Program and would be funded through the program's current funding sources.

Attachments
Secondhand Smoke Protections Annual Report
Draft Smokefree Multi-Unit Housing Residences Ordinance
Draft Secondhand Smoke and Tobacco Control Ordinance with Smokefree Multi-Unit Housing Residences Language - Redline
Secondhand Smoke Protections Brochures