CA - East Palo Alto: CITY COUNCIL

Get alerted when your passions are being discussed in East Palo Alto, Palo Alto, Santa Clara and more for free

Issues discussed this meeting include:

Get Alerts On New Meetings
Sign Up

CITY COUNCIL

City of East Palo Alto Rent Stabilization Program

2415 University Avenue, 2nd Floor East Palo Alto, CA 94303
Tagged Passions:program, university, rent stabilization, and housing

Tel: (650) 853-3114 Fax: (650) 853- 3115

M E M O R A N D U M

Date: March 4, 2019

To: Honorable Chairperson and members of the East Palo Alto Rent Stabilization Board From: Vadim Sidelnikov, Deputy City Attorney Victor I. Ramirez, Rent Stabilization Program Administrator

Tagged Passions:legal, program, administrator, rent stabilization, and housing

Subject: Study Session in Response to the San Mateo County Grand Jury

Tagged Passions:Jury and jury

Report: Smoke-Free Multiunit Housing: No Ifs, Ands, or Butts

Recommendation: Receive presentation on Smoke-Free Multiunit Housing by the San Mateo County Tobacco Prevention Program, facilitate a study session in response to the San Mateo County Grand Jury Report: Smoke-Free Multiunit Housing: No Ifs, Ands, or Butts, and direct staff to report to the City Council on the outcomes of the study session. Background: On July 26, 2018, the San Mateo County Superior Court Executive Officer Ms. Rodina M. Catalano sent a letter to the City Council providing the Council with a copy of the San Mateo Civil Grand Jury Report titled Smoke-Free Multiunit Housing: No Ifs, Ands, or Butts and requesting a City s response to the report by October 24, 2018 (The Report ) (Attachment 1). On October 16, 2018, the City Council adopted a resolution authorizing the Mayor to send a letter to the Honorable V. Raymond Swope, Judge of the Superior Court of San Mateo County, responding to the Report. The Council also directed staff to allocate sufficient resources to comply with having a public meeting no later than April 30, 2019. On October 23, 2018, the then City Mayor, Hon. Ruben Abrica, sent a response to the Hon. V. Raymond Swope. In his letter, the Mayor informed Hon. Judge Swope that the City would hold a policy discussion on restricting smoking in multiunit housing at a public meeting no later than April 30, 2019 (Attachment 2). Agenda Item No. 4.1 On February 11, 2019, in the Program s Annual Tenant Mailer, the Program included a flyer inviting all the residential dwelling unit tenants under the Rent Stabilization Program to participate in the March 4 Study Session (Attachment 3). Analysis The Report specifically recommends that the City of East Palo Alto, among other cities, hold public hearings to evaluate issues and hear residents views on restricting smoking in multiunit housing. . . .

Tagged Passions:council, legal, program, rental, hearing, policy, rent stabilization, Smoking, Jury, judge, tobacco, jury, smoking, court, and housing

The Report finds that the City of East Palo Alto does have an Ordinance (Ord. No 151, 1992, codified in the Municipal Code, Chapter 8.56) that prevents smoking in all buildings and other facilities owned, leased, or otherwise occupied by the City. However, the Report also finds that the City does not have a smoking ordinance that restricts smoking in the City s multiunit residences, except in some common areas open the public.

Before the City Council, as the authorized government body, holds a public meeting to consider whether to adopt a smoke-free multiunit housing ordinance or not, staff seeks through this discussion public input on which a report to the Council may be better informed. In preparation for this public discussion, staff reviewed the smoke-free multiunit housing ordinances of the City of Berkeley and the City of Santa Monica, which are both rent control jurisdictions, as well as the ordinance of San Mateo County and the City of Redwood City and compiled their general characteristics in the attached Multiunit Housing Non Smoking Ordinance Matrix which also includes the current laws applicable to East Palo Alto regarding non-smoking (Attachment 4). Attachments: 1) San Mateo County Grand Jury Report 2) City s Response Letter dated October 23, 2018 3) Non-Smoking Ordinance Study Session Flyer 4) Multiunit Housing Non Smoking Ordinance Matrix 5) Berkeley s Non-Smoking Ordinance 6) Santa Monica s Non-Smoking Ordinance 7) Redwood City s Non-Smoking Ordinance 8) San Mateo County s Non-Smoking Ordinance 9) East Palo Alto s Non-Smoking Ordinance AGENDA ITEM No. 4.1 (San Mateo County Grand Jury Report) [THIS PAGE IS INTENTIONALLY LEFT BLANK.]

Tagged Passions:ordinance, council, leasing, rent stabilization, Smoking, Jury, jury, smoking, and housing

2017-2018 San Mateo County Civil Grand Jury 1

SMOKE-FREE MULTIUNIT HOUSING:
Tagged Passions:Smoking, Jury, jury, smoking, and housing

NO IFS, ANDS, OR BUTTS

Issue Summary Glossary Background Discussion Conclusion Findings Recommendations Requests for Responses Methodology Bibliography Appendixes Responses ISSUE Do ordinances in jurisdictions banning smoking in multiunit housing properties protect San Mateo County residents from exposure to secondhand smoke? SUMMARY In the United States alone, exposure to secondhand smoke has killed approximately 2.5 million
Tagged Passions:ordinance, Smoking, smoking, and housing

nonsmokers of all ages over the last 50 years.1 While California has enacted a statewide ban

on smoking in enclosed workplaces,2, 3 the majority of secondhand smoke exposure occurs in the home. Marijuana smoke, another source of secondhand smoke, is also toxic and contains many of the same chemicals and carcinogens as tobacco smoke.4 Residents of multiunit properties, where smoke in one unit can pass into adjacent ones, are at significant risk of exposure to secondhand smoke.5 In San Mateo County (the County), there are currently almost 114,000 multiunit households,6 and the number
Tagged Passions:drugs, risk, marijuana, Smoking, tobacco, and smoking

is expected to grow as jurisdictions work to address increasing housing demands.7

No additional detail provided

Tagged Passions:housing

In 2007, the City of Belmont passed the nation s first ordinance prohibiting smoking in multiunit housing.8 Since then, eight additional cities in San Mateo County, as well as the County itself (with

respect to its unincorporated areas) have passed similar multiunit housing smoking ordinances.9
Tagged Passions:ordinance, Smoking, smoking, and housing

1
The Health Consequences of Smoking 50 Years of Progress: A Report of the Surgeon General. Rockville, MD. 2014. U.S. Public Health Service website, accessed June 7, 2018. https://www.surgeongeneral.gov/library/reports/50-years-of- progress/exec-summary.pdf 2 AB-13 Fact Sheet - California Workplace Smoking Restrictions. October 1997. State of California. Department of

Industrial Relations website, accessed June 7, 2018. https://www.dir.ca.gov/dosh/dosh_publications/smoking.html 3 AB-7 Smoking in the Workplace. (2015-2016) California Legislative Information website, accessed June 7, 2018. http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520162AB7 4 Marijuana and Tobacco Use, Marijuana: The Basics, California Department of Public Health website, accessed June 7, 2018. 5 King et al., Secondhand Smoke Transfer in Multiunit Housing, Nicotine Tobacco Research. November 2010. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3436457/pdf/ntq162.pdf 6 Officials in San Mateo county jurisdictions: email messages to the Grand Jury. (See Appendix B.) 7 Key Housing Trends in San Mateo County: A report by 21 Elements 2014, 21 Elements website, accessed June 7, 2018. 8 Chen, Serena. American Lung Association in California and Bay Area Smokefree Housing Project. Belmont Case Study: Belmont, CA Secondhand Smoke/Multi-Unit Housing Ordinance. https://www.myctb.org/wst/healthylawrence/livewell/TobaccoFreeLiving/American 20Lung 20Association 20Advocat
Tagged Passions:health, drugs, ordinance, industrial, marijuana, Smoking, Jury, tobacco, jury, smoking, library, and housing

es 20Toolbox/Module-3/Belmont-Case-Study.pdf 9 Smoking Ordinances in: Belmont <

https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH20.5RESM> , Brisbane < https://library.municode.com/ca/brisbane/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.46SMMUITRE> , Burlingame < http://qcode.us/codes/burlingame/view.php?topic=8-8_18> , Daly City <

Tagged Passions:ordinance, Smoking, smoking, and library

2017-2018 San Mateo County Civil Grand Jury 2

Through interviews with local law and code enforcement officers, the San Mateo County Civil Grand Jury (the Grand Jury) learned that many of these jurisdictions have not adequately educated residents about their rights and obligations under multiunit housing smoking ordinances. At the time their
Tagged Passions:ordinance, Smoking, Jury, codes enforcement, jury, smoking, and housing

ordinances were adopted, most of these jurisdictions conducted limited public outreach to residents,

and even now, the jurisdictions online resources detailing tenants rights and reporting methods are difficult to access. Local officials also indicated that enforcement of their ordinances is constrained by the need to observe smoking violations in progress.10 The Tobacco Prevention Program and the Tobacco Education Coalition are the two local entities that educate residents regarding the health effects of smoking, including secondhand smoke. The Tobacco Prevention Program is a part of the County s Health System and is charged with educating the community about tobacco-related health and policy issues. The Tobacco Education Coalition is a
Tagged Passions:health, ordinance, program, rental, education, policy, Smoking, tobacco, and smoking

community-based group supported by the Tobacco Prevention Program that engages in advocacy

relating to reducing the public s use of and exposure to tobacco. Both organizations assist cities that are considering smoking restrictions for their multiunit housing properties. With the quadrupling of the funding allocation from the California Department of Public Health s Tobacco Control Program (from 150,000 in FY 2016-2017 to 748,000 in FY 2017-2018), these entities will have the opportunity to greatly expand their operations.11 The Grand Jury recommends, among other actions, that: Jurisdictions with multiunit housing smoking ordinances take steps to improve their tracking of smoking violation complaints as well as increase their residents awareness of their rights and obligations, thereby increasing the effectiveness of enforcement efforts; The Tobacco Prevention Program and Tobacco Education Coalition increase their educational outreach and support for countywide efforts to protect residents from the dangers of secondhand smoke exposure; Cities within San Mateo County that have not yet adopted such ordinances hold public hearings to evaluate issues and hear residents views on adopting smoking restrictions in multiunit housing in their jurisdictions.

Tagged Passions:funding, health, ordinance, program, hearing, education, Smoking, Jury, tobacco, jury, smoking, and housing

https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.36RESM> , Foster City < http://www.codepublishing.com/CA/FosterCity/?FosterCity08/FosterCity0805.html> , Redwood City < https://library.municode.com/ca/redwood_city/codes/code_of_ordinances?nodeId=CH15SMRE> , San Bruno < https://qcode.us/codes/sanbruno/> , City of San Mateo < http://qcode.us/codes/sanmateo/view.php?topic=7-

7_40 showAll=1 frames=on> , San Mateo County < https://library.municode.com/ca/san_mateo_county/codes/code_of_ordinances?nodeId=TIT4SAHE_CH4.96SM> , and South San Francisco < http://qcode.us/codes/southsanfrancisco/view.php?topic=8-8_50 showAll=1 frames=off> accessed June 7, 2018. 10 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 11 Official of the San Mateo County Health System: interview by the Grand Jury.

Tagged Passions:health, public safety, Jury, jury, and library

2017-2018 San Mateo County Civil Grand Jury 3

GLOSSARY AND ABBREVIATIONS California Healthcare, Research and Prevention Tobacco Tax Act (Proposition 56 or Prop.
Tagged Passions:taxes, Taxes, healthcare, Jury, tobacco, and jury

56): A 2016 California state law increasing the excise taxes on tobacco products, including e-

cigarettes, by 2. California Tobacco Tax and Health Protection Act (Proposition 99 or Prop. 99): A 1988 California state law which created a statewide, comprehensive tobacco control program funded through a twenty-five-cent tax on tobacco products.
Tagged Passions:health, taxes, Taxes, program, and tobacco

Electronic Smoking Devices (ESDs): Devices containing a nicotine-based liquid that is vaporized

and inhaled, used to simulate the experience of smoking tobacco. ESDs are also used as alternatives to smoking marijuana.

Tagged Passions:drugs, marijuana, Smoking, tobacco, and smoking

Jurisdictions: The jurisdictions that have adopted multiunit housing smoking ordinances:

Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, San Mateo,
Tagged Passions:ordinance, Smoking, smoking, and housing

South San Francisco, and the County of San Mateo (for its unincorporated areas only).

Multiunit Households (MUH): A classification of housing where multiple separate housing units for residential inhabitants are contained within one building. There are currently almost 114,000

Tagged Passions:housing

MUHs in the county.

Secondhand Smoke (SHS): The combination of smoke generated by cigarettes (or other ignited plant material for the purpose of inhalation) as well as the smoke exhaled by the smoker.
Tagged Passions:plant, Smoking, tobacco, and smoking

Thirdhand smoke (THS): The toxic particulate residue from smoke that clings to walls, fabrics,

carpets, and other furnishings, lingering on surfaces after active smoking has ceased. Tobacco Prevention Program (TPP): The County of San Mateo Health System established the TPP in 1989 as part of the statewide network to educate the community on tobacco-related health and policy issues.

Tagged Passions:health, program, policy, trade, Smoking, tobacco, and smoking

Tobacco Education Coalition (TEC): A community-based group, established per Proposition 99,

for the purpose of improving public health by reducing the use of tobacco products in the county. BACKGROUND Secondhand Smoke Secondhand smoke (SHS), also known as involuntary or passive smoke, is a combination of smoke generated by cigarettes (or other ignited plant material for the purpose of inhalation) as well as the smoke exhaled by the smoker.12 Cigarette smoke contains more than 7,000 chemicals, including

Tagged Passions:health, plant, education, Smoking, tobacco, and smoking

12
The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA.

2006. U.S. Public Health Service, Surgeon General website, accessed June 7, 2018. https://www.surgeongeneral.gov/library/reports/secondhandsmoke/fullreport.pdf

Tagged Passions:health, tobacco, and library

2017-2018 San Mateo County Civil Grand Jury 4

formaldehyde, cyanide, carbon monoxide, ammonia, and highly addictive nicotine, as well as more than 50 carcinogens. Since 1967, exposure to SHS has killed approximately 2.5 million nonsmokers of all ages in the United States.13
Tagged Passions:Jury, tobacco, and jury

In 2010, the U.S. Surgeon General confirmed that even occasional exposure to secondhand smoke is

harmful, and that low levels of secondhand tobacco smoke lead to impairment of the lining of the
Tagged Passions:tobacco

blood vessels, which, in turn, can lead to heart attacks and stroke.14

No additional detail provided

According to the American Lung Association:

Secondhand smoke causes approximately 7,330 deaths from lung cancer and 33,950

deaths from heart disease each year Secondhand smoke is especially harmful to young children. Secondhand smoke is responsible for between 150,000 and 300,000 lower

respiratory tract infections in infants and children under 18 months of age, resulting in

between 7,500 and 15,000 hospitalizations each year. It also causes 430 sudden infant

death syndrome (SIDS) deaths in the U.S. annually.15

Marijuana smoke, another source of secondhand smoke, is also toxic. It contains twice as much tar and

ammonia, eight times as much hydrogen cyanide, and many of the same chemicals and carcinogens as
Tagged Passions:drugs and marijuana

tobacco smoke. Studies have shown that exposure to secondhand marijuana smoke impairs blood

vessel function temporarily. Moreover, recovery from impairment caused by marijuana takes longer than from tobacco smoke, and repeated exposure to secondhand marijuana smoke can lead to long- term blood vessel impairment.16
Tagged Passions:drugs, marijuana, and tobacco

According to the American Nonsmoker s Rights Foundation:

Smoke is smoke. Both tobacco and marijuana smoke impair blood vessel function
Tagged Passions:drugs, marijuana, and tobacco

similarly. People should avoid both, and governments who are protecting people against

secondhand smoke exposure should include marijuana in those rules.17 Approximately one in four nonsmoking Americans is subjected to secondhand smoke, including more than one in three who live in rental housing. Exposure to SHS occurs primarily at home, especially for
Tagged Passions:drugs, rental, marijuana, and housing

children. An estimated 15 million children ages three to eleven are exposed to SHS.18

No additional detail provided

13
The Health Consequences of Smoking 50 Years of Progress: A Report of the Surgeon General. Rockville, MD. 2014. U.S. Public Health Service, Surgeon General website, accessed June 7, 2018. https://www.surgeongeneral.gov/library/reports/50-years-of-progress/exec-summary.pdf . 14 Fact Sheet: How Tobacco Smoke Causes Disease, A Report of the Surgeon General. Centers for Disease Control and Prevention website, accessed June 7, 2018. < https://www.cdc.gov/tobacco/data_statistics/sgr/2010/pdfs/key-findings.pdf> 15 Health Effects of Secondhand Smoke, American Lung Association website, accessed June 7, 2018.

http://www.lung.org/stop-smoking/smoking-facts/health-effects-of-secondhand-smoke.html 16 Marijuana and Tobacco Use, Marijuana: The Basics, California Department of Public Health website, accessed June 7, 2018.
Tagged Passions:health, drugs, marijuana, Smoking, tobacco, smoking, and library

https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH 20Document 20Library/ResearchandEvaluation/Fa

ctsandFigures/MJAndTobaccoUseFac 20Sheet-CDPH-CTCP-5-2017.pdf 17 Matthew Springer, cardiovascular researcher and Associate Professor of Medicine, University of California, San Francisco. Secondhand Marijuana Smoke: Fact Sheet, American Nonsmokers Rights Foundation website, accessed June 7, 2018. https://no-smoke.org/secondhand-marijuana-smoke-fact-sheet/
Tagged Passions:drugs, program, marijuana, and university

2017-2018 San Mateo County Civil Grand Jury 5

While all children and adults can be victims of secondhand smoke, nonsmokers in some communities
Tagged Passions:Jury and jury

are at an elevated risk of exposure.19 For example, more than 45 percent of Black nonsmokers are

exposed to SHS, in contrast with 23.9 percent of Hispanic Americans and 21.8 percent of non-Hispanic White nonsmokers. In addition, 43.2 percent of nonsmokers with incomes below the poverty level are exposed to SHS. Secondhand Smoke Infiltration in Multiunit Housing (MUH)

Tagged Passions:risk, poverty, and housing

Since Americans spend almost two-thirds of their lives in their residences, nonsmokers living in

multiunit properties are at elevated risk of exposure to secondhand smoke.20 The Centers for Disease Control and Prevention (CDC) reports that secondhand smoke can enter living spaces from other units and/or common areas through ventilation systems, walls, electrical outlets, open windows, or hallways.21 The Center for Social Gerontology s 2006 report explains the problem further:

Tagged Passions:risk

The health hazards of tobacco smoke are magnified in the close living quarters of those

who live in multi-family dwellings Tobacco smoke travels from its point of generation in a building to all other areas of the building. It has been shown to move through light fixtures, through ceiling crawl spaces, and into and out of doorways. Once exposed, building occupants are at risk for irritant, allergic, acute and chronic cardiopulmonary and carcinogenic adverse health effects.22 Smoke Residue ( Thirdhand smoke )

Tagged Passions:health, travel, risk, and tobacco

Thirdhand smoke (THS) is the toxic particulate residue from smoke that clings to walls, fabrics,

carpets, and other furnishings, lingering on surfaces after active smoking has ceased.23 Arsenic, lead, cyanide, and other carcinogens in thirdhand smoke can be absorbed through inhalation or skin contact, affecting both people and pets.24

Tagged Passions:pets, Smoking, and smoking

18
CDC Vital Signs. Secondhand Smoke: An Unequal Danger. February 2015, Centers for Disease Control and Prevention website, accessed June 7, 2018. https://www.cdc.gov/vitalsigns/pdf/2015-02-vitalsigns.pdf 19 Secondhand Smoke (SHS) Facts. Centers for Disease Control and Prevention website, accessed June 7, 2018. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm 20

King et al., Secondhand Smoke Transfer in Multiunit Housing. Nicotine Tobacco Research. November 2010.

Tagged Passions:tobacco and housing

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3436457/pdf/ntq162.pdf 21 Ventilation Does Not Effectively Protect Nonsmokers From Secondhand Smoke, Centers for Disease Control and Prevention website, accessed June 7, 2018.

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/protection/ventilation/index.htm 22 Schoenmarklin, Susan, Esq. Memorandum: Analysis of the Voluntary and Legal Options of Condominium Owners Confronted with Secondhand Smoke from another Condominium Unit. Smoke-Free Environments Law Project. The Center for Social Gerontology, Inc. Anne Arbor, MI. May 2006. http://www.tcsg.org/sfelp/memo_06.pdf 23 California Consortium for Thirdhand Smoke, University of California San Francisco. Center for Tobacco Control Research and Education website, accessed June 7, 2018. https://tobacco.ucsf.edu/california-consortium-thirdhand-smoke 24
Tagged Passions:legal, Conservation, environment, university, education, Smoking, tobacco, and smoking

Be Smoke-free and Help Your Pets Live Longer, Healthier Lives, U.S. Food and Drug Administration website,

accessed June 7, 2018. https://www.fda.gov/AnimalVeterinary/ResourcesforYou/AnimalHealthLiteracy/ucm520415.htm

Tagged Passions:drugs, pets, Smoking, and smoking

2017-2018 San Mateo County Civil Grand Jury 6

Tagged Passions:Jury and jury

According to the UCSF Center for Tobacco Control Research and Education:

Infants and small children are likely to have more exposure to THS than adults because THS contaminates house dust and surfaces. Infants and children spend more time on the floor, have frequent hand to mouth behaviors, explore objects in the environment with their mouth, put non-food items in their mouths, engage in active play at home, and breathe in more dust-contaminated air than adults, in relation to their body size.25 Electronic Cigarette Aerosol (or Vapor)
Tagged Passions:Conservation, environment, education, e-cigarette, E-CIGARETTE, tobacco, and behavior

Electronic Smoking Devices (ESDs or e-cigarettes) emerged in the U.S. in 2007, as alternatives to

No additional detail provided

Tagged Passions:Smoking, e-cigarette, E-CIGARETTE, tobacco, and smoking

smoking tobacco and marijuana. Use of e-cigarettes is commonly referred to as vaping. They quickly became popular, in part due to efforts of manufacturers to attract young buyers through tactics such as

bubblegum and fruit flavorings.26 While e-cigarettes and similar devices do not produce tobacco or

Tagged Passions:drugs, marijuana, Smoking, e-cigarette, E-CIGARETTE, tobacco, and smoking

marijuana smoke, the vapor they emit is also harmful. It contains particulates, propylene glycol or

Tagged Passions:drugs and marijuana

vegetable glycerin, nicotine (in the case of tobacco), metals and other toxins.27

San Mateo County Health System s Responses to Secondhand Smoke Tobacco Prevention Program

Tagged Passions:health, program, and tobacco

In 1988, the California Tobacco Tax and Health Protection Act (Prop. 99) was passed by the voters,

creating a statewide, comprehensive tobacco control program. Prop. 99 levied a twenty-five-cent tax on tobacco products and placed new restrictions on the sale of tobacco. With the revenue generated by
Tagged Passions:health, sale, taxes, Taxes, program, and tobacco

this initiative, the County established the Tobacco Prevention Program (TPP) in 1989 as part of the

Tagged Passions:program, trade, and tobacco

statewide network to educate the community on tobacco-related health and policy issues.28 The TPP s 2014-2017 Program Goals and Interventions29 included:

No additional detail provided

Tagged Passions:health, program, policy, trade, and tobacco

Reducing exposure to secondhand smoke by implementing smoke-free multiunit housing policies

Engaging youth in tobacco control and amending tobacco retail ordinances to broaden the definition of tobacco product Reducing the availability of tobacco by eliminating tobacco sales in pharmacies/health care settings

Tagged Passions:health, ordinance, sale, Smoking, youth, tobacco, smoking, and housing

25
Frequently Asked Questions, University of California San Francisco. Center for Tobacco Control Research and

Education. California Consortium for Thirdhand Smoke website, accessed June 7, 2018. https://tobacco.ucsf.edu/frequently-asked-questions-0 Who-has-high-exposure-risk-of-THS 26 Samantha Weigel. County may ban flavored tobacco, including menthol. San Mateo Daily Journal, January 20, 2018. 27 Recreational Vaping 101: What is Vaping? National Center on Addiction and Substance Abuse website, accessed June 7, 2018. https://www.centeronaddiction.org/e-cigarettes/recreational-vaping/what-vaping 28

Tagged Passions:risk, university, education, e-cigarette, E-CIGARETTE, tobacco, and recreation

Official of the San Mateo County Health System: interview by the Grand Jury. 29

San Mateo County Tobacco Prevention Program 2014-2017 Program Goals and Interventions, County of San Mateo Health System website, accessed June 7, 2018. https://www.smchealth.org/sites/main/files/file-attachments/2014_- _2017_priorities.pdf
Tagged Passions:health, sites, program, Jury, tobacco, and jury

2017-2018 San Mateo County Civil Grand Jury 7

The TPP provides a number of resources for county residents, including a hotline for the public to report problems with exposure to SHS and guidance to address those issues on the Smoke-Free Housing web page.30 In 2016, voters passed the California Healthcare, Research and Prevention Tobacco Tax Act (Prop. 56), which increased the excise taxes on tobacco products, including e-cigarettes, by 2. With this increased tax revenue, the TPP s annual funding allocation from the California Department of Public Health s Tobacco Control Program increased from 150,000 in FY 2016-2017 to 784,000 in FY 2017-2018.31 As a result, the TPP is expanding its operations to include:
Tagged Passions:funding, health, taxes, Taxes, program, healthcare, trade, Smoking, Jury, e-cigarette, E-CIGARETTE, tobacco, jury, smoking, and housing

Education initiatives for city officials, residents, property managers, and the public on the dangers of secondhand smoke and effective methods to implement MUH smoking ordinances

Assistance for MUH communities with signage and monitoring compliance Tobacco Education Coalition

Tagged Passions:ordinance, advertising, signage, property, compliance, education, manager, Smoking, tobacco, and smoking

Proposition 99 also required that all counties form a community-based group to improve public health

No additional detail provided

Tagged Passions:health

by reducing the use of tobacco products. As a result, the County created the Tobacco Education

Coalition (TEC) in 1989. The Coalition includes representatives from nonsmoking advocacy groups
Tagged Passions:education and tobacco

such as Breathe California, the Youth Leadership Institute, and the American Cancer Society, as well

as the San Mateo County Sheriff s Office and San Mateo County Office of Education.32 The TPP also provides crucial support for the TEC s activities.33 With the goals of raising public awareness, implementing a countywide tobacco control plan, and engaging the public,34 the TEC works with local governments to undertake the following initiatives: Implementing smoke-free multiunit housing policies Amending tobacco retail ordinances to broaden the definition of tobacco products Eliminating tobacco sales in pharmacies and health care settings Collaborating on a statewide healthy stores campaign35 As part of the TEC s efforts to promote smoke-free multiunit housing, Coalition members provide city staff with model smoking ordinances. Coalition members also advocate at city council meetings for

Tagged Passions:health, ordinance, council, sale, public safety, education, trade, Smoking, youth, tobacco, smoking, and housing

MUH smoking restrictions.36, 37

Tagged Passions:Smoking and smoking

30
County of San Mateo Health System website. Smoke-Free Housing. https://www.smchealth.org/driftingsmoke 31 Official of the San Mateo County Health System: interview by the Grand Jury. 32

Tobacco Education Coalition: Advocating change to support a tobacco-free San Mateo County, County of San Mateo Health System website, accessed June 7, 2018. https://www.smchealth.org/tobaccoeducationcoalition 33 Combined Scope of Work document provided to the Grand Jury. County of San Mateo Health System, Tobacco Prevention Program. 04/20/18. 34 San Mateo County Tobacco Education Coalition By-Laws, Article One, Section Two: Goals. County of San Mateo Health System website, accessed June 7, 2018. https://www.smchealth.org/sites/main/files/file- attachments/tec_bylaws_v2_2015.pdf 35 San Mateo County Tobacco Education Coalition 2014-2017 Objectives, Tobacco Education Coalition: Advocating change to support a tobacco-free San Mateo County, County of San Mateo Health System website, accessed June 7, 2018. https://www.smchealth.org/sites/main/files/file-attachments/tec_objectives_2014-2017_12-2016.pdf

Tagged Passions:health, sites, program, education, Smoking, Jury, tobacco, jury, smoking, and housing

2017-2018 San Mateo County Civil Grand Jury 8

Tagged Passions:Jury and jury

Adoption of Smoking Ordinances for Multiunit Housing

Starting with Belmont in 2007,38 local jurisdictions began to pass laws to protect residents from secondhand smoke. Since then Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, San Mateo, South San Francisco, and the County of San Mateo, for its unincorporated areas,
Tagged Passions:ordinance, Smoking, smoking, and housing

have adopted ordinances that restrict smoking in multiunit housing properties.39 The towns/cities of

Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos do not restrict smoking in their multiunit residences, except in some common areas.40 Atherton, Hillsborough, and Woodside have no multiunit housing.41 At present, there are almost 114,000 multiunit residences in the county, of which approximately 94,000 (or 82 percent) are covered by

Tagged Passions:ordinance, parks, Smoking, smoking, and housing

MUH smoking ordinances.42 (See Appendix B.)

No additional detail provided

Tagged Passions:ordinance, Smoking, and smoking

Even though 80 percent of California MUH residents surveyed have indicated that they prefer smoke-

free housing43 and only 6.6 percent of San Mateo County residents smoke,44 multiunit housing

smoking bans remain controversial. The debate centers around the conflict between individual property

Tagged Passions:property, Smoking, smoking, and housing

rights versus the rights of residents to live in a safe, healthy environment.45, 46 However, no U.S. or

Tagged Passions:Conservation and environment

California court has found that there is an affirmative right to smoke under either the U.S. Constitution

No additional detail provided

Tagged Passions:legal and court

or California Constitution. 47

36
Official of the San Mateo County Health System: interview by the Grand Jury. 37 Creating Smokefree Housing. A Model California Ordinance and Checklist, ChangeLab Solutions website, accessed June 7, 2018. http://changelabsolutions.org/publications/model-ord-smokefree-housing 38 Chen, Serena. American Lung Association in California and Bay Area Smokefree Housing Project. Belmont Case Study: Belmont, CA Secondhand Smoke/Multi-Unit Housing Ordinance. https://www.myctb.org/wst/healthylawrence/livewell/TobaccoFreeLiving/American 20Lung 20Association 20Advocat

es 20Toolbox/Module-3/Belmont-Case-Study.pdf 39 Smoking Ordinances in San Mateo county jurisdictions. (See Footnote 8) 40 Municipal codes for: Colma https://www.colma.ca.gov/municipal-code/ , East Palo Alto https://library.municode.com/ca/east_palo_alto/codes/code_of_ordinances , Half Moon Bay http://www.codepublishing.com/CA/HalfMoonBay/ , Menlo Park http://www.codepublishing.com/CA/MenloPark/ ,

Tagged Passions:health, ordinance, parks, Smoking, Jury, jury, smoking, library, and housing

Millbrae http://www.codepublishing.com/CA/Millbrae/ , Pacifica

https://library.municode.com/ca/pacifica/codes/code_of_ordinances , Portola Valley

Tagged Passions:library

https://library.municode.com/ca/portola_valley/codes/code_of_ordinances , and San Carlos

https://www.codepublishing.com/CA/SanCarlos/ . 41 Officials in Atherton, Hillsborough, and Woodside: email responses to the Grand Jury. 42 Officials from cities, towns, and San Mateo County: email responses to the Grand Jury. 43 Policy Statements. Policy Statement 12: Smoke-Free Housing Choice, California Apartment Association website, accessed June 7, 2018. https://caanet.org/app/uploads/2015/01/CAA_Policy_Statements_2013-with-TOC.pdf 44 California Facts and Figures 2016, Over 25 Years of Tobacco Control in California, September 2016, California Department of Public Health website, accessed June 7, 2018.

Tagged Passions:health, policy, Smoking, Jury, tobacco, jury, smoking, library, and housing

https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH 20Document 20Library/ResearchandEvaluation/Fa

Tagged Passions:program

ctsandFigures/2016FactsFiguresWeb.pdf 45 Minutes, City of Half Moon Bay City Council, February 6, 2018. 46 Video, Redwood City City Council, October 2, 2017, Meetings, Agendas, and Minutes, Redwood City website, accessed June 7, 2018. < http://www.redwoodcity.org/city-hall/city-council/city-council-meetings-agendas-and-minutes> 47 Samantha K. Graff, There Is No Constitutional Right to Smoke: 2008, March 2008. A Law Synopsis by the Tobacco Control Legal Consortium, Tobacco Control Legal Consortium website, accessed June 7, 2018.

Tagged Passions:council, legal, sites, and tobacco

2017-2018 San Mateo County Civil Grand Jury 9

Tagged Passions:Jury and jury

Legislative efforts to ban smoking in multiunit housing can take years. For example, in Redwood City

it took five years until the city s MUH smoking ordinance was passed in October 2017.48 In other municipalities, such as Half Moon Bay, the city council is still considering MUH smoking restrictions

Tagged Passions:ordinance, council, Smoking, smoking, and housing

as of May 2018.49

Multiunit housing smoking ordinances generally provide the following:

Tagged Passions:ordinance, Smoking, smoking, and housing

Prohibit smoking (which includes the use of e-cigarettes) of tobacco, recreational marijuana, and other plant materials, in individual units of MUH and all in common areas

Declare secondhand smoke a nuisance Require landlords to post no-smoking signage Require leases to incorporate smoking restrictions Prohibit landlords/property managers from knowingly permitting smoking and knowingly or intentionally permitting ashtrays Provide for fines between 100 - 250 for smoking violations Ordinances vary on certain provisions, such as whether condominiums are included in their definitions

Tagged Passions:drugs, ordinance, leasing, advertising, signage, materials, plant, rental, marijuana, property, manager, Smoking, e-cigarette, E-CIGARETTE, tobacco, smoking, and recreation

of multiunit housing, acceptable distances from building entrances and windows where outdoor

smoking is permitted, and whether smoking medical marijuana is exempted from MUH smoking restrictions. For example, the MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly
Tagged Passions:drugs, ordinance, marijuana, Smoking, smoking, and housing

City, and the County of San Mateo for its unincorporated areas do not prohibit smoking medical

marijuana in multiunit housing.50 DISCUSSION
Tagged Passions:drugs, marijuana, Smoking, smoking, and housing

Implementation of ordinances and education

Successful implementation of the provisions of a multiunit housing smoking ordinance, following its passage, requires residents to be knowledgeable about their rights under the law. Historically, cities
Tagged Passions:ordinance, education, Smoking, smoking, and housing

have used press releases, mailings, and community meetings to inform the public of the new rules for a

No additional detail provided

period of time immediately after the law has been passed. However, the Grand Jury found that most

jurisdictions did not continue engaging the public after the initial awareness campaign, except when ordinances were amended.51
Tagged Passions:ordinance, Jury, and jury

MUH smoking ordinances place substantial responsibility for implementation on landlords and

No additional detail provided

Tagged Passions:ordinance, rental, Smoking, and smoking

property managers. For example, most jurisdictions require landlords to install no-smoking signage,

Tagged Passions:advertising, signage, rental, property, manager, Smoking, and smoking

modify leases, and set up any designated smoking areas that they choose to permit at the stated

minimum distances from building entrances and windows.52 However, most city governments have 48 Official of the San Mateo County Health System: interview by the Grand Jury. 49 Zachary Clark, Half Moon Bay to adopt smoking restrictions, San Mateo Daily Journal, May 17, 2018. https://www.smdailyjournal.com/news/local/half-moon-bay-to-adopt-smoking-restrictions/article_948a18f0-598a-11e8- a4d4-270086bc37e4.html 50 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) 51 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 52 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8)

Tagged Passions:health, ordinance, leasing, public safety, Smoking, Jury, jury, and smoking

2017-2018 San Mateo County Civil Grand Jury 10

neither assisted in this process nor followed up to ensure that these requirements are being met.53, 54 As a result, many MUH properties lack the required signage and designated smoking areas.55 The jurisdictions websites provide little information to educate residents, landlords, and property managers on their MUH smoking ordinances. It can be challenging to find information online about the ordinances or how to report a violation. The following examples are illustrative: The websites for Burlingame, Daly City, Redwood City,56 the County of San Mateo, and South San Francisco do not contain any summaries of their MUH smoking ordinances. See
Tagged Passions:ordinance, advertising, signage, rental, property, manager, Smoking, Jury, jury, and smoking

Appendices C and D for examples of summaries from cities that do provide them.

All but one of the MUH jurisdictions websites provide links on their home pages for residents to report common nuisances such as potholes, graffiti, and abandoned shopping carts, but they do not provide any such links for reporting smoking violations.57 Only the websites for Brisbane, San Bruno, and Foster City provide readily accessible information on how to report a violation of an MUH smoking ordinance.58 See Appendix E for an example of a readily accessible notice. When entering search terms such as smoke and smoking in MUH cities websites, no information regarding multiunit housing smoking ordinances appears in either Burlingame s or Daly City s websites.59 San Bruno and the County of San Mateo (on the County Health System website) are the only MUH jurisdictions that provide information about the TPP or TEC or how to contact them regarding multiunit housing smoking issues.60 53 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 54 Six-Month Apartment Smoking Prohibitions Review report to Foster City City Council. June 1, 2015. https://fostercityca.civicclerk.com/web/UserControls/DocPreview.aspx?p=1 aoid=306 55 On-site observations in Belmont, Daly City, and Foster City. 56 Redwood City s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties. 57 The websites for the jurisdictions of Belmont https://www.belmont.gov , Brisbane http://brisbaneca.org , Foster City https://www.fostercity.org , Redwood City http://www.redwoodcity.org , San Bruno https://www.sanbruno.ca.gov , the City of San Mateo https://www.cityofsanmateo.org , San Mateo County and South San Francisco http://www.ssf.net have a How Do I or I Want To link on their websites, as well as Daly City s iHelp link http://www.dalycity.org , that lead to information on how to report nuisances such as barking dogs, loud parties, abandoned mattresses, and shopping
Tagged Passions:health, ordinance, council, pets, public safety, trade, Smoking, Jury, jury, smoking, and housing

carts. However, these links do not provide information on how to report MUH smoking violations. Burlingame s website links to Code Compliance from its home page https://www.burlingame.org . 58 Websites for Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, San Mateo County, and South San Francisco (See Footnote 56). 59

Tagged Passions:compliance, Smoking, and smoking

City of Burlingame website, accessed June 7, 2018: City of Daly City website, accessed

2017-2018 San Mateo County Civil Grand Jury 11

The foregoing examples are summarized in Figure No. 1, below.
Tagged Passions:Jury and jury

Figure No. 1: Website Content of Jurisdictions with MUH Smoking Ordinances

No additional detail provided

Tagged Passions:ordinance, Smoking, and smoking

Jurisdiction Search for Smoke/ Smoking yields smoking ordinance information?

Provides summary of smoking ordinance? Provides information on how to make complaints about MUH smoking?

Tagged Passions:ordinance, Smoking, and smoking

Provides links to report specific nuisances other than smoking?

Provides TPP/TEC info? Belmont Yes Yes No Yes No Brisbane Yes Yes Yes Yes Yes Burlingame No No No No No Daly City No No No Yes No Foster City Yes Yes Yes Yes No Redwood City61 Yes No No Yes No San Bruno Yes Yes Yes Yes Yes

Tagged Passions:trade, Smoking, and smoking

City of San Mateo Yes Yes No Yes No

South San Francisco Yes No No Yes No

County of San Mateo Yes No Yes Yes Yes

In addition to inadequate website information, Brisbane, Burlingame, Foster City, Redwood City, and

No additional detail provided

San Bruno, the County of San Mateo, and South San Francisco do not require that their mandatory no-

smoking signage contain a phone number for reporting violations. The City of San Mateo s ordinance does not require that no-smoking signage be posted.62 Enforcement and Compliance Those jurisdictions with MUH smoking ordinances typically assign the responsibility for enforcement
Tagged Passions:ordinance, advertising, signage, compliance, Smoking, and smoking

of the ordinances to either their law enforcement or code enforcement personnel. Such enforcement

officers generally do not issue citations for first offense violations of MUH smoking ordinances. In

Tagged Passions:ordinance, personnel, public safety, Smoking, codes enforcement, and smoking

fact, it is difficult for them to issue citations at all because they must (1) observe the violation in

progress, (2) see other compelling evidence that a violation had occurred, or (3) have the alleged

violator admit to law or code enforcement that he or she had been smoking in violation of the MUH

smoking ordinance.63 Officers interviewed by the Grand Jury stated that most of the alleged MUH smokers they spoke with

Tagged Passions:ordinance, Smoking, Jury, codes enforcement, jury, and smoking

in response to a complaint said they were unfamiliar with the smoking ordinance restrictions. Because

No additional detail provided

Tagged Passions:ordinance, Smoking, and smoking

of this, the officers primarily seek to educate and warn those residents about the requirements of MUH

61 Redwood City s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties. 62 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) 63 Officials from local code and law enforcement agencies: interviews by the Grand Jury.
Tagged Passions:ordinance, public safety, Smoking, Jury, jury, and smoking

2017-2018 San Mateo County Civil Grand Jury 12

Tagged Passions:Jury and jury

smoking ordinances and potential enforcement.64 In several jurisdictions, when the alleged smoking

offender was not at home, officers would leave a letter, brochure, or door hanger, if their city has one, explaining the smoking ordinance requirements.65 Complaints data reviewed by the Grand Jury indicates that very few individuals who were contacted by officers regarding alleged smoking ordinance violations were the subjects of subsequent complaints, suggesting that the officers education approach was effective.66 According to enforcement officers interviewed by the Grand Jury, even if residents are aware of their rights, they may be reluctant to make complaints because of fear of retaliation from smoking neighbors or landlords.67 While Belmont, Brisbane, Daly City, Redwood City, San Bruno, and the County of San

Tagged Passions:ordinance, rental, education, Smoking, Jury, jury, and smoking

Mateo s ordinances expressly prohibit retaliation, the MUH smoking ordinances for Burlingame, Foster City, the City of San Mateo, and South San Francisco do not.68 The materials published by

MUH jurisdictions also do not inform residents that they may complain anonymously about smoking violations. Vulnerable residents, such as undocumented immigrants, may fear that a complaint could result in disclosure, eviction, or deportation.69

Tagged Passions:ordinance, materials, Smoking, Immigration, smoking, and housing

Local officials interviewed by the Grand Jury opined that enforcement of MUH smoking ordinances

No additional detail provided

Tagged Passions:ordinance, Smoking, Jury, jury, and smoking

might be helped by the use of new smartphone applications (apps) that enable users to take a photo of

No additional detail provided

nuisance code infractions in their jurisdictions, then submit it instantly to enforcement officers. Once

received, officers can review the information and follow up with onsite visits. Such photographic

evidence of a smoking violation in progress could be deemed the equivalent of an officer viewing the violation, thus allowing the officer to issue a citation to the smoker.70 At present, Burlingame, Foster City, Redwood City, San Bruno, the City of San Mateo, South San

Tagged Passions:Smoking and smoking

Francisco, and the County of San Mateo provide such apps (Access Burlingame, Foster City Access,

myRWC, San Bruno Responds, mySanMateo,71 Engage SSF,72 and Report It San Mateo County,73 respectively). Officials in the City of San Mateo have used their app only to receive reports on illegal dumping and graffiti, but expressed enthusiasm about its potential to use photos as evidence of other violations including smoking.74 In the course of its investigation, the Grand Jury learned that certain multiunit properties generate a greater number of smoking complaints than others.75, 76 Few jurisdictions with MUH smoking 64 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 65 Ibid. 66 Ibid. 67 Ibid. 68 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) 69 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 70 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 71 Officials in the City of San Mateo: interview by the Grand Jury. 72 Official in South San Francisco: interview by the Grand Jury. 73 Search results for phone applications for all MUH smoking ordinance jurisdictions in San Mateo County. 74 Officials in City of San Mateo: interview by the Grand Jury. 75 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 76 Data on complaints of smoking in MUH submitted to the Grand Jury by officials from local code and law enforcement agencies.
Tagged Passions:ordinance, solid waste, public safety, Smoking, Jury, jury, and smoking

2017-2018 San Mateo County Civil Grand Jury 13

Tagged Passions:Jury and jury

ordinances review the data they have in order to identify particular properties where multiple smoking

ordinance violations are being reported. In addition, enforcement officers rarely follow up with landlords/property managers at MUH properties where smoking complaints have been received to inform them of the reported violations. Even in jurisdictions where smoking complaints data may be available, the information is not routinely shared with the TPP or TEC.77 Improvements in complaints data collection, analysis, and sharing could help increase compliance with the ordinances, evaluate trends in smoking complaints, and ultimately protect MUH residents as these laws intended.
Tagged Passions:ordinance, rental, property, compliance, manager, trade, Smoking, and smoking

In addition to reporting a violation of multiunit housing smoking ordinances to enforcement officers,

residents who are exposed to secondhand smoke have several other options:

Tagged Passions:ordinance, Smoking, smoking, and housing

Talking to the smoker Addressing the issue with the landlord Contacting the TPP s smoking hotline (650) 573-377778 Taking independent legal action based on a nuisance claim79

TPP and TEC Roles With an increase in funding allocated by the California Department of Public Health s Tobacco Control Program from 150,000 in FY 2016-2017 to 784,000 in FY 2017-2018, the Tobacco
Tagged Passions:funding, health, legal, program, rental, trade, Smoking, tobacco, and smoking

Prevention Program and Tobacco Education Coalition (through increased TPP funding) will have the

resources to significantly increase their activities in support of smoke-free multiunit housing. In addition to the areas of expansion already identified by the TPP (See Background) the TPP could also use these funds to improve the content of its web pages. At present, the TPP web pages provide guidance for tenants and landlords seeking to eliminate exposure to secondhand smoke. However, they do not: Summarize a resident s rights and obligations under the relevant MUH ordinance Provide links to MUH jurisdictions smoking ordinances Advise multiunit housing residents how to complain about violations of their specific

Tagged Passions:funding, ordinance, expansion, program, rental, education, trade, Smoking, tobacco, smoking, and housing

jurisdiction s MUH smoking ordinance

Tagged Passions:ordinance, Smoking, and smoking

With its additional funding, the TPP could provide the above-referenced information and links for

residents in jurisdictions with MUH smoking ordinances. In addition, the TPP could devote more resources to obtaining complaints data from jurisdictions that have MUH smoking ordinances in order

Tagged Passions:funding, ordinance, trade, Smoking, and smoking

to consolidate that information across the county, develop trend information, and assist jurisdictions in

analyzing it. To date the TPP has reported only limited success in obtaining such data from

jurisdictions.80 77 Officials from local code and law enforcement agencies: interviews by the Grand Jury. 78 Smoke-Free Housing County of San Mateo Health System website, accessed June 7, 2018. https://www.smchealth.org/driftingsmoke . 79 Legal Options for Tenants Suffering from Drifting Tobacco Smoke Tobacco Free CA website, accessed June 7, 2018. < http://tobaccofreeca.com/wp-content/uploads/2017/11/G-Legal-Options_Smokefree-Support-for-Residenets_Making- Smokefree-Laws-Work_Disability-Factsheet.pdf> 80

Tagged Passions:health, legal, public safety, rental, trade, Smoking, Jury, tobacco, jury, smoking, and housing

Official of the San Mateo County Health System: interview by the Grand Jury.

Tagged Passions:health, Jury, and jury

2017-2018 San Mateo County Civil Grand Jury 14

CONCLUSION Undoubtedly, progress has been made through these ordinances to protect MUH residents by giving them clear, legal rights to seek protection from the dangers of secondhand smoke exposure. At present,
Tagged Passions:ordinance, legal, Jury, and jury

the County and eight of its twenty cities have passed MUH smoking ordinances covering 82 percent of

the county s multiunit households. However, it is difficult to determine the impact that MUH smoking ordinances have made because the TPP, which could consolidate complaints data across the jurisdictions and look for trend information, has reported only limited success in obtaining such data from jurisdictions. Further, not all jurisdictions with MUH smoking ordinances interviewed by the Grand Jury systematically compile complaints data. As a result, decisions on how best to increase compliance with and enforce the ordinances can be difficult to make. The Tobacco Prevention Program and Tobacco Education Coalition can support compliance by providing signage with a phone number to report violations and reaching out to residents to explain
Tagged Passions:ordinance, advertising, signage, program, compliance, education, trade, Smoking, Jury, tobacco, jury, and smoking

their rights and obligations under the ordinances, as well as assisting jurisdictions with efforts to

analyze complaints data. FINDINGS F1: Since 1967, exposure to secondhand smoke has killed approximately 2.5 million nonsmokers of all

Tagged Passions:ordinance

ages in the United States.

F2: Enforcement officers report that their primary focus when responding to MUH smoking violation

No additional detail provided

Tagged Passions:Smoking and smoking

complaints is to educate alleged smokers regarding the requirements of the smoking ordinances, and

that most alleged smokers report being unfamiliar with the requirements of the ordinance.

Tagged Passions:ordinance, Smoking, and smoking

F3: The Belmont, Brisbane, Daly City, Redwood City, San Bruno, and the County of San Mateo MUH

smoking ordinances expressly prohibit retaliation against individuals who report a violation; however, the MUH smoking ordinances for Burlingame, Foster City, the City of San Mateo, and South San Francisco do not.
Tagged Passions:ordinance, Smoking, and smoking

F4: Searches for smoking or smoke using the website search tool for Burlingame and Daly City81 do not yield any information regarding their MUH smoking ordinances, whereas the search tools for

Tagged Passions:ordinance, Smoking, and smoking

each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below,

column F4.) 81
Tagged Passions:ordinance, Smoking, and smoking

City of Burlingame website, accessed June 7, 2018. City of Daly City website, accessed June 7,

2018.

2017-2018 San Mateo County Civil Grand Jury 15

Tagged Passions:Jury and jury

F5: The websites for Burlingame, Daly City, Redwood City,82 the County of San Mateo, and South

San Francisco do not contain summaries of their MUH smoking ordinances. The websites for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F5.)
Tagged Passions:ordinance, Smoking, and smoking

F6: The websites for Belmont, Burlingame, Daly City, Redwood City,83 the City of San Mateo, and

South San Francisco do not provide specific information on how to make complaints regarding MUH

smoking violations. The websites for each of the other jurisdictions with MUH smoking ordinances do.

Tagged Passions:ordinance, Smoking, and smoking

(See Website Content Table below, column F6.)

No additional detail provided

F7: The websites for the cities of Belmont, Brisbane, Foster City, Redwood City,84 San Bruno, San

Mateo, and South San Francisco, as well as the County s Health System website (for unincorporated San Mateo County) have links on their home pages that lead to information on how to report specific

Tagged Passions:health

types of nuisances such as barking dogs, loud parties, abandoned mattresses, and shopping carts.

However, these links do not provide information on how to report MUH smoking violations. Burlingame s website links to Code Compliance from its home page.85 (See Website Content Table below, column F7.)
Tagged Passions:pets, compliance, Smoking, and smoking

F8: The websites for Brisbane, San Bruno, and the County of San Mateo (on the County Health

System website) provide information about the TPP or TEC or how to contact them regarding an MUH
Tagged Passions:health and trade

smoking issue. The websites for the other MUH jurisdictions do not. (See Website Content Table

below, column F8.) 82 Redwood City s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties. 83 Redwood City s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties. 84 Ibid. 85 < https://www.belmont.gov> < http://brisbaneca.org> < https://www.burlingame.org> < https://www.sanbruno.ca.gov> < https://www.cityofsanmateo.org>
Tagged Passions:ordinance, Smoking, and smoking

2017-2018 San Mateo County Civil Grand Jury 16

Website Content of Jurisdictions with MUH Smoking Ordinances Jurisdiction F4. Search for Smoke/ Smoking yields smoking ordinance information?
Tagged Passions:ordinance, Smoking, Jury, jury, and smoking

F5. Provides summary of smoking ordinance?

Tagged Passions:ordinance, Smoking, and smoking

F6. Provides information on how to make complaints about MUH smoking?

Tagged Passions:Smoking and smoking

F7. Provides links to report specific nuisances other than smoking?

F8. Provides TPP/TEC info? Belmont Yes Yes No Yes No Brisbane Yes Yes Yes Yes Yes Burlingame No No No No No Daly City No No No Yes No Foster City Yes Yes Yes Yes No Redwood City86 Yes No No Yes No San Bruno Yes Yes Yes Yes Yes

Tagged Passions:trade, Smoking, and smoking

City of San Mateo Yes Yes No Yes No

South San Francisco Yes No No Yes No

County of San Mateo Yes No Yes Yes Yes

F9: In all MUH jurisdictions, the issuance of citations for violations of MUH smoking ordinances is

limited by the need to (1) observe the violation in progress, (2) see other compelling evidence that a

Tagged Passions:ordinance, Smoking, and smoking

violation had occurred, or (3) have the alleged violator admit to law or code enforcement that he or she

had been smoking in violation of the MUH smoking ordinance.

Tagged Passions:ordinance, Smoking, codes enforcement, and smoking

F10: The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica,

Tagged Passions:parks

Portola Valley, and San Carlos do not have smoking ordinances that restrict smoking in their multiunit

residences, except in some common areas. Atherton, Hillsborough, and Woodside have no multiunit housing.

Tagged Passions:ordinance, Smoking, smoking, and housing

F11: The MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly City, and the County

of San Mateo for its unincorporated areas do not prohibit smoking medical marijuana in multiunit housing.
Tagged Passions:drugs, ordinance, marijuana, Smoking, smoking, and housing

F12. The TPP web pages do not include the following information: (a) a summary of residents rights and obligations under the MUH smoking ordinances in their jurisdictions, (b) links to each

Tagged Passions:ordinance, trade, Smoking, and smoking

jurisdiction s MUH smoking ordinance, and (c) information on how residents of multiunit housing can report violations of MUH smoking ordinances in their specific jurisdictions.

Tagged Passions:ordinance, Smoking, smoking, and housing

F13: TPP reported limited success in obtaining MUH smoking complaints data from jurisdictions,

making it difficult to assess the efficacy of MUH ordinances and develop trend information. 86 Redwood City s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties.
Tagged Passions:ordinance, trade, Smoking, and smoking

2017-2018 San Mateo County Civil Grand Jury 17

Tagged Passions:Jury and jury

F14: The funding allocation from the California Department of Public Health s Tobacco Control Program for TPP increased from 150,000 in FY 2016-2017 to 784,000 in FY-2017-2018.

RECOMMENDATIONS R1: Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: Publishing summaries of residents rights and obligations under their MUH smoking ordinances, including on their websites Publishing information on how to report violations of MUH smoking ordinances, including on their websites
Tagged Passions:funding, health, ordinance, program, trade, Smoking, tobacco, and smoking

Informing residents that they can report violations of MUH smoking ordinances anonymously

No additional detail provided

Tagged Passions:ordinance, Smoking, and smoking

Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an

Tagged Passions:rental

MUH smoking ordinance

Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance Ensuring that, upon typing the word smoking, or the like in the search features of their websites, users are directed to all information about the jurisdiction s MUH smoking ordinance and related complaints process

Tagged Passions:ordinance, Smoking, and smoking

R2: The cities of Burlingame, Foster City, San Mateo, and South San Francisco should amend their

MUH smoking ordinances, by no later than December 31, 2018, to prohibit retaliation against

No additional detail provided

Tagged Passions:ordinance, Smoking, and smoking

individuals who report violations of the MUH smoking ordinances.

Tagged Passions:ordinance, Smoking, and smoking

R3: The cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its

unincorporated areas should amend their MUH smoking ordinances, by no later than December 31,

2018, to prohibit smoking medical marijuana in multiunit housing. R4: Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco, and the County of San Mateo for its unincorporated areas) should, by June 30, 2019, evaluate ways to improve its collection and retrieval of complaints of MUH smoking violations so that:

Tagged Passions:drugs, ordinance, marijuana, Smoking, smoking, and housing

Information regarding each complaint of an MUH smoking ordinance violation, and the response to it (complaints data) is recorded in a searchable electronic database

The jurisdiction can evaluate trends in the complaints data and the efficacy of the MUH smoking ordinance R5: Each jurisdiction with an MUH smoking ordinance should, by December 31, 2018, make their
Tagged Passions:ordinance, Smoking, and smoking

complaints data (with names of alleged violators deleted) available to the TPP and TEC on at least an

annual basis.
Tagged Passions:trade

2017-2018 San Mateo County Civil Grand Jury 18

R6: Each jurisdiction with an MUH smoking ordinance should, by December 31, 2018, conduct a
Tagged Passions:ordinance, Smoking, Jury, jury, and smoking

review of current methods used by the public to report MUH smoking violations and possible

improvements (including online reporting on their websites and use of mobile phone apps) to ensure
Tagged Passions:Smoking and smoking

ease of reporting.

R7: The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica,

Tagged Passions:parks

Portola Valley, and San Carlos should, by December 31, 2018, hold public hearings to evaluate issues

and hear residents views on restricting smoking in multiunit housing in their jurisdictions.

Tagged Passions:hearing, Smoking, smoking, and housing

R8: TPP and TEC should update their web pages by March 31, 2019, to include the following:

Links to MUH jurisdictions smoking ordinances and their summaries/FAQs Information on how to report violations of MUH smoking ordinances in each applicable jurisdiction REQUEST FOR RESPONSES Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the City Councils and Board of Supervisors, as applicable, of the following:

Tagged Passions:ordinance, council, trade, Smoking, Jury, jury, and smoking

Each of the City of Belmont, the City of Brisbane, the City of Burlingame, the City of Daly City, the City of Foster City, the City of Redwood City, the City of San Bruno, City of San

Mateo, the City of South San Francisco, and San Mateo County Board of Supervisors to respond to: R4, R5, and R6.

Each of the City of Burlingame, City of Foster City, City of San Mateo, and City South San Francisco to respond to R2.

Each of the City of Brisbane, City of Burlingame, City of Daly City, and the County of San Mateo to respond to R3.

Each of the Town of Colma, City of East Palo Alto, City of Half Moon Bay, City of Menlo Park, City of Millbrae, City of Pacifica, Town of Portola Valley, and City of San Carlos to

respond to R7. The San Mateo County Board of Supervisors to respond to R8. The governing bodies indicated above should be aware that the comments or responses of the
Tagged Passions:parks

governing body must be conducted subject to the notice, agenda, and open meeting requirements of the

Brown Act.

2017-2018 San Mateo County Civil Grand Jury 19

METHODOLOGY The Grand Jury reviewed health studies, scientific papers, government fact sheets and reports, national,
Tagged Passions:health, Jury, and jury

state, county, and city statistics, smoking ordinances of cities in San Mateo County, data on smoking

violations collected by city code and law enforcement officials, by-laws and other documents

Tagged Passions:ordinance, public safety, Smoking, and smoking

pertaining to the County s Tobacco Prevention Program and Tobacco Education Coalition, state laws covering smoking, and materials from the following organizations: California Apartment Association,

Tagged Passions:materials, program, education, Smoking, tobacco, and smoking

Executive Council of Homeowners, Breathe California, Tobacco Free CA, ChangeLab Solutions,

American Lung Association, and Americans for Nonsmokers Rights. The Grand Jury interviewed officials in the following cities: Belmont Brisbane Daly City Foster City San Mateo South San Francisco

Tagged Passions:council, Jury, tobacco, and jury

In addition, the Grand Jury interviewed representatives of San Mateo County Health System, as well as

the nonprofit California Apartment Association.
Tagged Passions:health, Jury, and jury

2017-2018 San Mateo County Civil Grand Jury 20

BIBLIOGRAPHY
Tagged Passions:Jury and jury

21
Elements website. Key Housing Trends in San Mateo County: A report by 21 Elements 2014. Accessed June 6, 2018.

category.html>

Tagged Passions:housing

American Lung Association website. Health Effects of Secondhand Smoke. Accessed June 6, 2018. http://www.lung.org/stop-smoking/smoking-facts/health-effects-of-secondhand-smoke.html

American Nonsmokers Rights Foundation website. Fact Sheet. Secondhand Marijuana Smoke. Accessed June 6, 2018. https://no-smoke.org/secondhand-marijuana-smoke-fact-sheet/ California Apartment Association website. Policy Statements. Policy Statement 12: Smoke-Free Housing Choice. Accessed June 6, 2018. https://caanet.org/app/uploads/2015/01/CAA_Policy_Statements_2013-with-TOC.pdf California Department of Public Health. California Facts and Figures 2016, Over 25 Years of Tobacco Control in California, California Tobacco Control Program. September 2016. Accessed June 6, 2018. http://tobaccofreeca.com/wp-content/uploads/2016/10/2016-California-Tobacco-Facts- Figures.pdf California Department of Public Health website. Marijuana and Tobacco Use, Marijuana: The Basics. Accessed June 6, 2018. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH 20Document 20Library/Resear chandEvaluation/FactsandFigures/MJAndTobaccoUseFac 20Sheet-CDPH-CTCP-5-2017.pdf California Legislative Information website. AB-7 Smoking in the Workplace. (2015-2016). Accessed June 6, 2018.
Tagged Passions:health, drugs, program, marijuana, policy, Smoking, tobacco, smoking, and housing

http://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201520162AB7

Centers for Disease Control and Prevention website. CDC Vital Signs. Secondhand Smoke: An Unequal Danger. February 2015. Accessed June 6, 2018. https://www.cdc.gov/vitalsigns/pdf/2015- 02-vitalsigns.pdf Centers for Disease Control and Prevention website. Secondhand Smoke Facts. Accessed June 6, 2018. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm Centers for Disease Control and Prevention website. Ventilation Does Not Effectively Protect
Tagged Passions:tobacco

Nonsmokers From Secondhand Smoke. Accessed June 6, 2018.

ChangeLab Solutions website. Creating Smokefree Housing. A Model California Ordinance and Checklist. http://changelabsolutions.org/publications/model-ord-smokefree-housing
Tagged Passions:ordinance, tobacco, and housing

2017-2018 San Mateo County Civil Grand Jury 21

Tagged Passions:Jury and jury

Chen, Serena. Belmont Case Study: Belmont, CA Secondhand Smoke/Multi-Unit Housing Ordinance.

American Lung Association in California and Bay Area Smokefree Housing Project. Accessed June 7, 2018. https://www.myctb.org/wst/healthylawrence/livewell/TobaccoFreeLiving/American 20Lung 20Ass
Tagged Passions:ordinance and housing

ociation 20Advocates 20Toolbox/Module-3/Belmont-Case-Study.pdf

Clark, Zachary, Half Moon Bay to adopt smoking restrictions, San Mateo Daily Journal, Thursday, May 17, 2018. https://www.smdailyjournal.com/news/local/half-moon-bay-to-adopt-smoking- restrictions/article_948a18f0-598a-11e8-a4d4-270086bc37e4.html

Tagged Passions:Smoking and smoking

County of San Mateo Health System Combined Scope of Work document provided to the Grand Jury. San Mateo County Health Department. Tobacco Prevention Program. 04/20/18.

Tagged Passions:health, program, Jury, tobacco, and jury

County of San Mateo Health System website. Smoke-Free Housing. https://www.smchealth.org/driftingsmoke

Tagged Passions:health, Smoking, smoking, and housing

County of San Mateo Health System website. Tobacco Education Coalition: Advocating change to support a tobacco-free San Mateo County. Accessed June 6, 2018. https://www.smchealth.org/tobaccoeducationcoalition

Tagged Passions:health, education, Smoking, tobacco, and smoking

County of San Mateo Health System website. San Mateo County Tobacco Education Coalition: 2014- 2017 Objectives. Accessed June 6, 2018. https://www.smchealth.org/sites/main/files/file- attachments/tec_objectives_2014-2017_12-2016.pdf

Graff, Samantha K., There Is No Constitutional Right to Smoke: 2008. Tobacco Control Legal Consortium. A Law Synopsis by the Tobacco Control Legal Consortium. March 2008. http://www.publichealthlawcenter.org/sites/default/files/resources/tclc-syn-constitution-2008.pdf
Tagged Passions:health, legal, sites, education, and tobacco

King, B. A., M. Travers, M. Cummings, M. C. Mahoney, and A. J. Hyland. Secondhand Smoke Transfer in Multiunit Housing. Nicotine Tobacco Research. November 2010. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3436457/pdf/ntq162.pdf

National Center on Addiction and Substance Abuse website. Recreational Vaping 101: What is Vaping? Accessed June 6, 2018. https://www.centeronaddiction.org/e-cigarettes/recreational- vaping/what-vaping San Mateo County Health System. San Mateo County Tobacco Prevention Program 2014-2017 Program Goals and Interventions. Accessed June 6, 2018. https://www.smchealth.org/sites/main/files/file-attachments/2014_-_2017_priorities.pdf San Mateo County Health System. Tobacco Education Coalition By-Laws, Article One, Section Two: Goals. Accessed June 6, 2018. https://www.smchealth.org/sites/main/files/file- attachments/tec_bylaws_v2_2015.pdf

Tagged Passions:health, sites, program, education, e-cigarette, E-CIGARETTE, tobacco, recreation, and housing

2017-2018 San Mateo County Civil Grand Jury 22

Tagged Passions:Jury and jury

Schoenmarklin, Susan, Esq. Memorandum: Analysis of the Voluntary and Legal Options of

Condominium Owners Confronted with Secondhand Smoke from another Condominium Unit. Smoke- Free Environments Law Project. The Center for Social Gerontology, Inc. Anne Arbor, MI. May 2006.

Tagged Passions:legal, Conservation, and environment

http://www.tcsg.org/sfelp/memo_06.pdf

Six-Month Apartment Smoking Prohibitions Review, Report to Foster City City Council. June 1, 2015. https://fostercityca.civicclerk.com/web/UserControls/DocPreview.aspx?p=1 aoid=306 Smoking Ordinances: Belmont < https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH20.5RESM> , Brisbane < https://library.municode.com/ca/brisbane/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.46SM MUITRE> , Burlingame < http://qcode.us/codes/burlingame/view.php?topic=8-8_18> , Daly City < https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.36RE
Tagged Passions:ordinance, council, Smoking, smoking, and library

SM> , Foster City <

http://www.codepublishing.com/CA/FosterCity/?FosterCity08/FosterCity0805.html> , Redwood City

< https://library.municode.com/ca/redwood_city/codes/code_of_ordinances?nodeId=CH15SMRE> ,

San Bruno < https://qcode.us/codes/sanbruno/> , City of San Mateo < http://qcode.us/codes/sanmateo/view.php?topic=7-7_40 showAll=1 frames=on> , San Mateo County < https://library.municode.com/ca/san_mateo_county/codes/code_of_ordinances?nodeId=TIT4SAHE_C

Tagged Passions:library

H4.96SM> , and South San Francisco < http://qcode.us/codes/southsanfrancisco/view.php?topic=8-

8_50 showAll=1 frames=off>.

State of California. Department of Industrial Relations website. AB-13 Fact Sheet - California Workplace Smoking Restrictions. October 1997. Accessed June 6, 2018. https://www.dir.ca.gov/dosh/dosh_publications/smoking.html and

Tobacco Free CA website. Legal Options for Tenants Suffering from Drifting Tobacco Smoke Accessed June 6, 2018. < http://tobaccofreeca.com/wp-content/uploads/2017/11/G-Legal- Options_Smokefree-Support-for-Residenets_Making-Smokefree-Laws-Work_Disability- Factsheet.pdf>
Tagged Passions:legal, industrial, rental, Smoking, tobacco, and smoking

University of California San Francisco website. Center for Tobacco Control Research and Education.

California Consortium for Thirdhand Smoke. Accessed June 6, 2018. https://tobacco.ucsf.edu/california-consortium-thirdhand-smoke
Tagged Passions:university, education, and tobacco

University of California San Francisco website. Center for Tobacco Control Research and Education.

California Consortium for Thirdhand Smoke. Frequently Asked Questions. Accessed June 6, 2018. https://tobacco.ucsf.edu/frequently-asked-questions-0 Who-has-high-exposure-risk-of-THS
Tagged Passions:risk, university, education, and tobacco

U.S. Food and Drug Administration website. Be Smoke-free and Help Your Pets Live Longer, Healthier Lives. Accessed June 6, 2018. https://www.fda.gov/AnimalVeterinary/ResourcesforYou/AnimalHealthLiteracy/ucm520415.htm

No additional detail provided

Tagged Passions:drugs, pets, Smoking, and smoking

2017-2018 San Mateo County Civil Grand Jury 23

Tagged Passions:Jury and jury

U.S. Public Health Service. How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis

for Smoking-Attributable Disease. A Report of the Surgeon General. Atlanta, GA. Fact Sheet. Centers for Disease Control and Prevention (US) 2010. Accessed June 6, 2018. < https://www.cdc.gov/tobacco/data_statistics/sgr/2010/pdfs/key-findings.pdf>

Tagged Passions:health, Smoking, tobacco, and smoking

U.S. Public Health Service, The Health Consequences of Involuntary Exposure to Tobacco Smoke. A

No additional detail provided

Tagged Passions:health and tobacco

Report of the Surgeon General. Atlanta, GA. 2006. Accessed June 6, 2018.

https://www.surgeongeneral.gov/library/reports/secondhandsmoke/fullreport.pdf
Tagged Passions:library

U.S. Public Health Service. The Health Consequences of Smoking 50 Years of Progress: A Report of the Surgeon General. Rockville, MD. 2014. https://www.surgeongeneral.gov/library/reports/50-years-

of-progress/index.html Weigel, Samantha. County may ban flavored tobacco, including menthol. The Daily Journal. San Mateo Daily Journal, January 20, 2018. Accessed June 6, 2018.

Tagged Passions:health, Smoking, tobacco, smoking, and library

2017-2018 San Mateo County Civil Grand Jury 24

APPENDIX A
Tagged Passions:Jury and jury

MULTIUNIT HOUSING SMOKING ORDINANCES IN SAN MATEO COUNTY

Jurisdiction Contact Penalty Recreational Marijuana Medical Marijuana E-cigs Vaping Condos Included Retaliation Prohibited Notice in Lease Ordinance Link Belmont Business hours 650.637.2968 After hours 650.595.7400 Warning Fine 100+ Prohibited Prohibited Prohibited Yes Yes Yes https://library.municode.com/ca/belmont/codes/code_of_ ordinances?nodeId=CICO_CH20.5RESM Brisbane 415.508.2172 Warning Fine 100+ Prohibited Exempted Prohibited Yes Yes Yes https://library.municode.com/ca/brisbane/codes/code_of _ordinances?nodeId=TIT8HESA_CH8.46SMMUITRE Burlingame 650.558.7208 Refers to other parts of muni code Prohibited Exempted Not specified Yes No No http://qcode.us/codes/burlingame/view.php?topic=8- 8_18 showAll=1 frames=on Daly City 650.991.8119 Warning Fine 100+ Prohibited Exempted Prohibited No Yes Yes https://library.municode.com/ca/daly_city/codes/code_of _ordinances?nodeId=TIT8HESA_CH8.36RESM Foster City 650.286.3300 Fine up to 250 1st violation Prohibited Prohibited Prohibited Yes No Yes http://www.codepublishing.com/CA/FosterCity/?FosterCi ty08/FosterCity0805.html Redwood City* Business hours 650.780.7350 After hours 650.780.7118 Prohibited Prohibited Prohibited Yes Yes Yes https://library.municode.com/ca/redwood_city/codes/cod e_of_ordinances?nodeId=CH15SMRE San Bruno County Hotline 650.573.3777 or 650.616.7074 Warning Fine 100+ Prohibited Prohibited Prohibited Yes Yes Yes https://qcode.us/codes/sanbruno/view.php?topic=6- 6_56 showAll=1 frames=off San Mateo 650.522.7700 Warning Fine 100+ Prohibited Prohibited Prohibited Yes No No http://qcode.us/codes/sanmateo/view.php?topic=7- 7_40 showAll=1 frames=on South San Francisco
Tagged Passions:drugs, business, ordinance, leasing, marijuana, Smoking, penalty, tobacco, smoking, library, recreation, and housing

650.829.6645 Follow Public Nuisance Law

Penalties Prohibited Prohibited Prohibited Yes No No http://qcode.us/codes/southsanfrancisco/view.php?topic =8-8_50 showAll=1 frames=off

Unincorporated San Mateo County

650.573.3777 Fine up to 100 1st violation

Prohibited Exempted Prohibited Yes Yes Yes https://library.municode.com/ca/san_mateo_county/code s/code_of_ordinances?nodeId=TIT4SAHE_CH4.96SM Notes Fines increase with subsequent infractions Marijuana smoke considered same as any smoke *Restrictions effective 1/1/2018 for all new units and 1/1/2019 for all existing units in multiunit housing in Redwood City.

Tagged Passions:drugs, marijuana, library, and housing

2017-2018 San Mateo County Civil Grand Jury 25

APPENDIX B
Tagged Passions:Jury and jury

Number of Multiunit Housing Residences in San Mateo County

Jurisdiction Total MUH
Tagged Passions:housing

San Mateo 22,511

No additional detail provided

Daly City 16,626

No additional detail provided

Redwood City 15,026

Foster City 8,662 South San Francisco 8,506

San Bruno 7,424

No additional detail provided

Menlo Park 4,837

No additional detail provided

Tagged Passions:parks

San Carlos 3,440

East Palo Alto 3,395 Unincorporated County 2,555

Half Moon Bay 1,516

Brisbane 766 Portola Valley 263 Colma 212 Atherton 0

TOTAL MUH 113,972

No additional detail provided

(Includes apartments, condominiums, townhomes, duplexes, triplexes and fourplexes)

2017-2018 San Mateo County Civil Grand Jury 26

APPENDIX C
Tagged Passions:Jury and jury

Foster City Smoking Ordinance Frequently Asked Questions Multi-Family Residential Properties (Apartments, Condominiums, Townhomes)

Tagged Passions:ordinance, Smoking, and smoking

Q.
Are all residential properties in Foster City impacted by this ordinance?

No additional detail provided

Tagged Passions:ordinance

A.
No. The ordinance applies to multi-family units (apartments, condominiums and townhomes) that share common walls, ventilation, floors, or ceilings.

No additional detail provided

Tagged Passions:ordinance

Q.
Where is smoking prohibited?

A. For apartments, condominiums and townhomes, smoking is prohibited within 30 feet of all entrances and doorways, in common areas and inside residential units and on all balconies and patios. This ordinance goes into effect immediately for common areas and all new leases. Units with existing leases are exempt until the lease agreement expires or twelve months after the ordinance s effective date. (The ordinance effective date was 11/5/2014.) Smoking is also prohibited on all sidewalks in or adjacent to common interest developments and apartments.

Tagged Passions:ordinance, leasing, streets, development, Development, Smoking, Pedestrian, and smoking

Q.
Where is smoking permitted?

A. Smoking is permitted in designated smoking areas. Outdoor designated areas must be located more than 30 feet from an entrance/doorway and be marked by conspicuous signage. Interior smoking is allowed only if the area is fully enclosed, separately ventilated, and not the only space available for a particular activity or service.

Tagged Passions:advertising, signage, Smoking, and smoking

Q.
Are electronic cigarettes included in the ordinance?

No additional detail provided

Tagged Passions:ordinance, e-cigarette, E-CIGARETTE, and tobacco

A.
Yes. The city defines smoke or smoking as inhaling or exhaling upon, burning or carrying any lighted cigarette, cigar, pipe, hookah, weed, plant or other combustible substance used for the personal habit commonly known as smoking or an activated electronic cigarette or similar device used for the personal habit commonly known as vaping.

Q. When does the ordinance go into effect?

Tagged Passions:ordinance, plant, Smoking, e-cigarette, E-CIGARETTE, tobacco, and smoking

A.
The ordinance went into effect on November 6, 2014, for apartment buildings and December 17, 2014, for condominiums and townhomes. Until January 1, 2015, first time violators will be subjected to a warning only.

Q. What are the fines and penalties?
Tagged Passions:ordinance

A.
Any person who violates the ordinance may be cited for an infraction, punishable by: A fine not exceeding two hundred fifty dollars ( 250) for a first violation A fine not exceeding five hundred dollars ( 500) for a second violation within one

year A fine not exceeding one thousand dollars ( 1,000) for each additional violation within one year

Tagged Passions:ordinance

2017-2018 San Mateo County Civil Grand Jury 27

Q. How will the ordinance be enforced? A. Violations of the notification requirements or designation of smoking areas should be addressed to the Foster City Community Development Department at 650- 286-3225 or planning@fostercity.org. To report a violation in progress ( on-view violation ) of the ordinance, call the Police Department at 650-286-3300. Q. What are the responsibilities of apartment managers or homeowners associations under the ordinance? A. Each owner, operator, manager or other person having control of places within which smoking is regulated shall be in compliance upon conspicuously posting No Smoking signs with letters not less than one inch high or the international No Smoking symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. At least one sign shall be placed at the entrance to every applicable facility. The City has provided signage guidance at its website (see link at the end of this document). Property owners and operators are also required to notify residents of the new law using a noticing method deemed appropriate by the property owners or operators.
Tagged Passions:planning, ordinance, facility, development, public safety, advertising, signage, Development, property, compliance, manager, Smoking, Jury, tobacco, jury, smoking, and community development

Q.
Can I establish non-smoking policies that are stronger that what is required under the

No additional detail provided

Tagged Passions:Smoking and smoking

ordinance? A. Yes. The ordinance does not prevent property owners from establishing more stringent non-

smoking requirements.

Tagged Passions:ordinance, property, Smoking, and smoking

Q.
If I rent out a single family home, is smoking allowed in that residence?

No additional detail provided

Tagged Passions:Smoking and smoking

A.
Yes. The ordinance applies only to residential units that share walls, ceilings or floors.

Q. What happens if a resident is complaining about drifting smoke from another unit? A. The best course of action is to contact the smoker to remind them that smoking is not permitted in or around residential units that share common walls, ceilings or floors and to inform them of the location of designated smoking areas on the property. If the resident continues to smoking in the unit, violations in progress ( on-view violations ) of the ordinance can be reported to the Police Department at 650-286-3300.

Tagged Passions:ordinance, public safety, property, Smoking, and smoking

Q.
Where can I go for more information on this ordinance and resources for

No additional detail provided

Tagged Passions:ordinance

[ See More ]
Council Map

Welcome!

Monitor up to five cities and counties and get alerts when they plan to vote on topics you're passionate about.