COUNTY OF SAN MATEO

Inter-Departmental Correspondence

DATE:

November 8,2005

BOARD MEETING DATE:

November 15, 2005

SPECIAL NOTICE/HEARING:

No

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Supervisor Rose Jacobs Gibson

Supervisor Jerry Hill

SUBJECT:

Prohibiting Smoking Within 30 Feet Of County Buildings and In Common Areas Of Multi-Unit Residences.

RECOMMENDATION:

ESTABLISH A PROCESS TO SOLICIT COMMENTS ON PROPOSED ORDINANCES AMENDING THE SAN MATEO COUNTY ORDINANCE CODE TO PROHIBIT SMOKING WITHIN 30 FEET OF COUNTY BUILDINGS AND IN COMMON AREAS OF APARTMENT COMPLEXES.

VISION ALIGNMENT:

Commitment: Ensure Basic Health and Safety For All

Goal(s): Maintain and enhance the public safety of all residents and visitors

BACKGROUND:

In 1990, this Board adopted Chapter 4.96 of the ordinance code to regulate smoking in public places. Recently, the Board adopted a policy prohibiting smoking within 30 feet of certain county owned buildings that are subject to “Leadership In Energy And Environmental Design” (LEED) requirements, namely, the Crime Lab and the Office of the Coroner and the future Youth Services Center.

In addition, the Board recently heard a presentation by the Youth Adult Secondhand Smoking Project regarding secondhand smoke and its negative effects on children. At that presentation, the Board was asked to consider adopting an ordinance prohibiting smoking in common areas of apartment complexes.

Two proposed ordinances have been drafted to separately address: (1) smoking outside of County buildings and (2) smoking in common areas of apartment complexes.

DISCUSSION:

No Smoking Within Thirty From County Buildings.

Currently, the County’s ordinance prohibits smoking within 30 feet of any main entrance to a county building. The recent resolution adopted by the Board prohibited smoking within a 30 foot perimeter of the County’s Crime Lab, Office of the Coroner and the future Youth Services Center. This proposed ordinance would amend the existing ordinance to prohibit smoking within 30 feet from the entire perimeter of all county buildings. It also provides that the Director of Public Works can determine if the area should be less than 30 feet due to “unique circumstances impacting the health and safety of those persons using the enclosed structure.”

In order to determine the potential impact of this proposed amendment, we recommend that there be a process to solicit comments from the Employee and Public Services Department, employee organizations and the Public Works Department.

No Smoking In Common Areas Of Multi-Unit Residences.

While State law already prohibits smoking in enclosed common areas of apartment or condominium buildings or complexes such as halls, stairwells, recreation rooms, lobbies and laundry rooms. State law does not prohibit smoking in outdoor common areas such as patios or swimming pools. This proposed ordinance would prohibit smoking in multi-unit residence common areas regardless if they are indoors or outdoors. It would allow a landlord to designate, in limited circumstances, certain portions of the common outdoor area as smoking areas. This ordinance would be applicable to only those multi-unit residences that are located in the unincorporated area of the county. There are approximately a dozen of these residences.

We recommend that there be a process to solicit comments from the Tri-County Apartment Association in regards to the proposed ordinance prohibiting smoking in the common areas of apartment buildings.

FISCAL IMPACT:

None