Title
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 8.22 OF THE CHULA VISTA MUNICIPAL CODE TO EXPAND SMOKING PROHIBITIONS (FIRST READING)
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RECOMMENDED ACTION
Recommended Action
Council place the ordinance on first reading.
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SUMMARY
Since 1975, the City of Chula Vista has recognized the dangers of smoking through the adoption of various policies, including Chula Vista Municipal Code (CVMC) Chapter 8.22, Regulations of Smoking in Public Places and Places of Employment. Tonight’s action will streamline such policies through amendments to CVMC 8.22 that add e-cigarettes to the definition of “smoking”, prohibit smoking on any portion of City owned property (inclusive of all parks, libraries, City buildings and associated parking lots), and restrict smoking to designated areas in affordable housing projects.
ENVIRONMENTAL REVIEW
Environmental Notice
Environmental Notice
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
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Environmental Determination
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
On December 12th and 13th, respectively, the Housing Advisory Commission (4-0) and Healthy Chula Vista Advisory Commission (5-0) provided advisory recommendations that Council approve the proposed amendments to Chula Vista Municipal Code Chapter 8.22.
DISCUSSION
On January 5, 2016, the first Healthy Chula Vista Action Plan was adopted, providing a set of strategies to review, create, and evaluate policies and programs within the City and to develop community partnerships to promote wellness within our community. A key component of the plan included measures to prevent chronic diseases within our community.
Since 1964 the United States Surgeon General has recognized tobacco use as a public health concern. Many federal, state, and local laws have been established over the past fifty years to limit contact with second hand smoke from tobacco products and to provide cessation programs for smokers to reduce risk of chronic diseases associated with smoking. Specifically, in Chula Vista the following policies have been adopted over the years:
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• Council Policy No. 840-01 (Ord. 1642 § 1, 1975) |
Prohibits smoking in confined areas used by or open to the public (e.g. city operated buildings, public meeting areas, theatres, etc.). |
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• Council Policy No. 840-02 (Reso. 13801, 1988) |
Excludes apparatus floor in all fire stations from enclosed smoking prohibition in Council Policy 840-01. |
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• CVMC 8.22 (Ord. 3409 § 1, 2017; Ord. 3058 § 1, 2007; Ord. 3046 § 1, 2006; Ord. 3045 § 1, 2006; Ord. 3044 § 1, 2006; Ord. 3043 § 1, 2006; Ord. 3035, 2006; Ord. 2086 § 1, 19 84; Ord. 1642 § 1, 1975) |
Prohibits and/or regulates smoking in public places, in or within 50 feet of any restaurant entrance, places of employment and within city parks. |
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• Department policies: |
Public Works Department (2004) - prohibits smoking in city vehicles; Police Department (2017) - establishes limitations while on-duty or in vehicles and includes e-cigarettes; and Library (2017) - prohibits smoking within 20 feet of all Library facility entrances and operable windows. |
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• Environmental Tobacco Smoke Control Directive (2017) |
Prohibits smoking within 25 feet of all building entrances and operable windows of Buildings A, B and C on City Hall campus. |
Cancer, respiratory issues and heart disease associated with tobacco use are among the leading preventable causes of death in the U.S. (more than 480,000 deaths per year). Diseases associated with tobacco use are top drivers of workplace productivity impairment. Secondhand smoke is estimated to cause an additional 50,000 deaths in the U.S. and exposure can increase risk of coronary heart disease and stroke by 20% to 30%. According to research, every smoker (or tobacco user) adds $5,816 in additional (indirect and direct) medical costs to employers. It is estimated that 5-10% of the City’s workforce currently smokes and under all City insurance plans smoking cessation programs are offered at no cost.
In keeping with the Healthy Community goal of the Strategic Plan, Staff is bringing forward amendments to the City’s existing policies to limit “smoking” within City owned properties and affordable housing developments. Tonight’s action will amend CVMC Chapter 8.22 to add e-cigarettes, including devices used for vaping, to the definition of “smoking,” prohibit smoking on any portion of City owned property (inclusive of all parks, libraries, City buildings, and associated parking lots), and restrict smoking to designated areas in Affordable Housing Projects to align with U.S. Department of Housing and Urban Development guidelines.
This strategy was identified in the adopted Healthy Chula Vista Action Plan under the focus area of Health Care & Prevention. Other cities in the region such as Coronado, Del Mar, El Cajon and Oceanside have banned smoking in public places, including sidewalks and other right of way. While Staff is not proposing a ban on all City public right of way at this time, this step towards creating healthier places in our community demonstrates the City’s commitment to being a leader in health policy and provides a streamlined message to all employees.
Staff anticipates returning to City Council after the ordinance is in effect, with the updated Human Resource Policy that will streamline language for all City employees regarding the prohibition of smoking on City facilities and provide additional guidance to specific departments as needed, as well as repealing all previous smoking related policies. This approach will ensure that all employees are aware of smoking policies from their first day of employment and provide a cohesive message about the dangers of smoking throughout Chula Vista. The City will comply with its meet and confer obligations, as required by the Meyers-Milias Brown Act (“MMBA”), as it proceeds in this process.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This item supports Section 3.1.1 - Implement policies and programs that support a healthy community, by providing healthier options.
CURRENT YEAR FISCAL IMPACT
Staff costs associated with the preparation of this staff report and for the Smoking Ordinance amendments are offset by grant funds through the Centers for Disease Control’s Racial and Ethnic Approaches to Community Health (REACH Chula Vista). Costs associated with signage will be offset by budgeted funding through the Office of Sustainability.
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
1. Proposed CVMC 8.22 Amendments
Staff Contact: Stacey Kurz, Development Services Department