Agenda

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D.4

To:	Board of Supervisors
From:	Anna Roth, Health Services Director
Date:	February 27, 2018

Contra

Costa

County

Subject:

Smokefree Multi-Unit Residences and Hotels/Motels Ordinance

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/27/2018

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:	Dan Peddycord, 925-313-6712
cc:	Tasha Scott Marcy Wilhelm Denice Dennis

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: February 27, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

CONSIDER introducing Ordinance No. 2018-07 to prohibit smoking in all dwelling units in any multi-unit residence and to prohibit smoking in all guest rooms in any hotel or motel; WAIVE reading; and FIX March 13, 2018 for adoption. DIRECT the Health Services Department to report back to Family and Human Services Committee on the implementation of the ordinance as part of its regular Annual Report on the Secondhand Smoke Protections Ordinance.

FISCAL IMPACT:

Minimal fiscal impacts to the County are expected. Should the Board adopt the ordinance, a portion of the Prop 99/Prop 56 funding that Contra Costa Health Services receives for its Tobacco Prevention Program can be utilized to implement the ordinance. Implementation of this ordinance will have no impact on the General Fund.

BACKGROUND:

At the April 2015 Family and Human Services Committee Meeting, Public Health presented its annual report on implementation of the County’s Secondhand Smoke Ordinance and discussed challenges to protecting residents, workers and visitors from secondhand smoke and electronic smoking devices. Of specific concern were issues for residents living in multi-unit housing. The Committee directed staff to

BACKGROUND: (CONT'D)

work with County Counsel to draft an ordinance that would create 100% Smokefree Multi-unit housing for the unincorporated communities.

Staff presented a draft ordinance and report to the Family and Human Services Committee on November 13, 2017. The Committee accepted the report and recommendations, and directed staff to broaden the ordinance to include 100% smokefree hotels/motels and take the revised ordinance to the full Board of Supervisors early in the new year. Staff was also directed to conduct outreach to the California Apartment Association, hotels in the unincorporated county, and home owner associations that may be affected.

The draft ordinance, titled "Smokefree Multi-Unit Residences", as well as the red-lined version of the relevant sections of Chapter 445, are attached to this report for review and consideration.

The definition of “multi-unit residence” in the ordinance is unchanged and means a building containing two or more dwelling units, including but not limited to apartments, condominiums, senior housing, nursing homes and single room occupancy hotels.

The attached draft ordinance revises the County Code to:

Prohibit smoking in all dwelling units in multi-unit residences.
Require every new, renewed, or continued lease or other rental agreement for the occupancy of a dwelling unit in a multi-unit residence to include terms that prohibit smoking in the dwelling unit.
Prohibit smoking in all guest rooms in hotels and motels.

In order to provide for sufficient notification to landlords and owners, staff proposes that the requirement to modify leases and other rental agreements will go into effect on July 1, 2018. Beginning July 1, 2018, every new, renewed, or continued lease or other rental agreement for the occupancy of a dwelling unit in a multi-unit residence must include terms that prohibit smoking in the dwelling unit. After July 1, 2018, smoking will only be allowed in a dwelling unit (1) that is subject to a lease or other rental agreement that authorizes smoking and only until that agreement is modified as required by the ordinance, or (2) that is owner-occupied and only until July 1, 2019. Staff will develop an implementation plan that will provide outreach and education to landlords and occupants in anticipation that all multi-unit housing residences will be smoke-free by July 1, 2019.

CONSEQUENCE OF NEGATIVE ACTION:

Residents of multi-unit housing residences will not be protected from secondhand smoke exposure to the fullest extent possible. Visitors and workers will not be protected from secondhand smoke exposure in hotels and motels to the fullest extent possible.

CHILDREN'S IMPACT STATEMENT:

While the vast majority of Contra Costans do not smoke, many people are exposed to secondhand smoke where they live, especially children, the elderly and persons with vulnerable illness who spend much of their time at home. Secondhand smoke and the harmful chemicals contained in the smoke are associated with causation of sudden infant death syndrome, respiratory infections, ear infections and asthma attacks in infants and children. The proposed ordinance supports the following two children's outcomes: Children and Youth Healthy and Preparing for Productive Adulthood, and Communities that are Safe and Provide a High Quality of Life for Children and Families.

CLERK'S ADDENDUM

The following spoke in favor of the proposed ordinance: Stephanie Gronlund, resident of Walnut Creek; Blanca Colin, Tobacco Prevention Coalition; Azucena Virgen, Tobacco Prevention Coalition; William Colin, Tobacco Prevention Coalition; Karina Guadalupe, Tobacco Prevention Coalition & Bay Area Community Rsources; Liz Williams, Americans for Nonsmokers' Rights; Randy LIang, Breathe California.

Joshua Howard, California Apartment Association, did not speak but sent correspondence in support of the ordinance (attached).