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HomeMy WebLinkAbout2017-12-13 HCVAC Special Agenda City of Chula Vista Boards & Commissions Healthy Chula Vista Advisory Commission Notice is hereby given that the Healthy Chula Vista Advisory Commission of the City of Chula Vista has called and will convene a Special Meeting on Wednesday, December 13, 2017 in Executive Conference Room 103 at Chula Vista City Hall, located at 276 Fourth Avenue, Chula Vista, California to consider the item(s) on this agenda. SPECIAL MEETING OF THE HEALTHY CHULA VISTA ADVISORY COMMISSION OF THE CITY OF CHULA VISTA Wednesday, December 13, 2017 Executive Conference Room 103 3:00 p.m. 276 Fourth Avenue, Building A Chula Vista 91910 CALL TO ORDER ROLL CALL: Commissioners de Murguia, Jimenez, Martinez, Melgoza, Milburn, Partida- Lopez, Velo, Vice Chair Quiroz and Chair Cruz CONSENT CALENDAR None. PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Board/Commission and ing. 1. COMMUNITY GARDEN POLICY AMENDMENTS Healthy Chula Vista staff will provide an overview of proposed changes to the Community Garden Policy to remove barriers and encourage community garden use on city lands. RECOMMENDED ACTION: Review Attachment 1 and Commission provide an advisory recommendation to Council on adoption of amendments to the Community Garden Policy. 2. SMOKING ORDINANCE AMENDMENTS Healthy Chula Vista staff will provide an overview of proposed changes to the smoking ordinance that pertains to city facilities and affordable housing projects. RECOMMENDED ACTION: Review Attachment 2 and Commission provide an advisory recommendation to Council on adoption of amendments to the Smoking Ordinance. OTHER BUSINESS 3. STAFF COMMENTS 4. 5. C ADJOURNMENT to a meeting on January 11, 2018 at 3:30pm, at Chula Vista Medical Plaza. Materials provided to the Healthy Chula Vista Advisory Commission related to any open-session item on this agenda are available for public review in the Development Services Department, Chula Vista during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Page 2 HCVAC Agenda December 13, 2017 Join us for a special meeting of the Healthy Chula Vista Advisory Commission Wednesday, December 13, 2017 3:00 4:00 pm Executive Conference Room 103, Chula Vista City Hall 276 Fourth Avenue, Building A The Healthy Chula Vista Advisory Commission serves as a resource to the City on health related Chula Vista (91910) policies and opportunities under the Healthy Chula Vista Initiative that would benefit the community. Community Garden Policy Amendments Smoking Ordinance Amendments MORE INFORMATION For the full agenda and additional information on Chula Vista Boards & Commissions, visit www.chulavistaca.gov/departments/city-clerk/boards-commissions Attachment 1 Item No. 1 Staff: Stacey Kurz Healthy Chula Vista Coordinator DATE: November 30, 2017 SUBJECT: RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL TO ADOPT AMENDMENTS TO COUNCIL POLICY 841-01 (COMMUNITY GARDENS POLICY), INCLUDING THE CONSIDERATION TO ALLOW COMMUNITY GARDENS ON ALL CITY OWNED LANDS I. RECOMMENDATION That the Healthy Chula Vista Advisory Commission recommend APPROVAL of the amendments to the Community Gardens Policy to reduce barriers to community garden implementation and expand available city lands for potential community garden uses. II. BACKGROUND Cities play a critical role in supporting the health and well-being of their communities. There are various upports the implementation of policies and programs that support the goal of creating a Healthy Community. In keeping with the Healthy Community goal of the Strategic Plan, 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 key community partnerships to promote wellness within our community. A key component of the plan included access to healthy food options. III. PROGRAM DESCRIPTION Proposed amendments to Policy 841-01 will add other city owned lands for consideration for community garden uses, reduce barriers, and provide a transparent process to potential gardeners by including the associated application and user agreement in substantial form. Along with the City Council approval on sends a clear message that Chula Vista supports local production and access to healthy food for all community members. Public Outreach Beginning in August, Healthy Chula Vista staff have engaged community members in discussions surrounding urban agriculture through outreach events at Lauderbach Park, Norman Park Senior Center and the Civic Center Library. Outreach has included presentations and discussion, as well as a screening of the film provided input on all existing policies pertaining to urban agriculture in Chula Vista. Community Gardens Policy Amendments November 30, 2017 Page 2 During the month of November, the proposed amendments to the Community Garden Policy were published on the Healthy Chula Vista Urban Agriculture webpage and over 200 residents were notified via email of the comment period, including all Healthy Chula Vista stakeholders, attendees at urban agriculture events and the Development Services Oversight Committee. In addition, presentations and a request for input were provided to the Sustainability Commission and Parks and Recreation Commission. Public comments received and incorporated into the final policy include: Changing the opening operating hour of gardens from 8:00 am to 7:00 am to be consistent with park hours throughout Chula Vista and allow opportunity for early morning activities before work or school; and Translation of documents into Spanish to ensure all residents have equal access to this opportunity (to be executed after adoption). Exhibits 1. Proposed Amendments to Policy 841-01 2. Resolution Attachment1-Exhibit1 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 1 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: BACKGROUND The City of Chula Vista recognizes community gardens as a valuable recreation activity that can provide community members access to fresh, nutritious produce, and low-intensity physical activity. Community gardens an can also foster environmental awareness, positive social interaction, and community education, all while bringing added food security to the community through the development of local food sources. The City has the ability to foster the creation of community gardens by permitting the establishment of such gardens on its vacantCity owned lands, including the public right of way. PURPOSE This policy provides to the City Manager or his their designee the authority and guidance to implement and approve the use of city-owned vacant land, not including city owned vacant land, passive/non-programmed recreational park space, and other City property (e.g. public right of way) at the Cityto establish community gardens . This policy further details the procedure and requirements for the establishment of community gardens on city-owned vacant landCity Community Garden Sites. POLICY I. COMMUNITY GARDEN AND COMMUNITY PARTICIPATION The City may allow the placement and use of community gardens on city-owned vacant land, passive/non-programmed recreational park space, and other City propertynot including city-owned parks sole discretion, as approved by the City Manager or designee. The City Manager or designee has sole and unfettered discretion as to whether or not to allow the creation of a community garden on city-owned vacant landspursuant to this Policy. For the s approval by the City Manager or his their designee, unless otherwise indicated. -profit agencies, gardening clubs, homeowners associations, or even a group formed for the purpose of establishing a garden. The Community Group must have and be able to demonstrate, to the satisfaction of the City, the capacity to effectively administer and operate the proposed community garden. The Community Group must have the support of the community where the garden is proposed as detailed further below. Each Community Group may only operate one community garden unless otherwise approved by the City. COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 2 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: Community gardens are to be utilized by the recognized Community Group to produce annual fruits, vegetables, and flowers for use of group members, the City of Chula Vista, other non-profit agencies or groups or any other public agency approved by the City. Individual gardeners may sell their produce off-site, but it is not intended that the use of a community garden on City property be solely for business and/or for-profit endeavors. A community garden should promote environmental education, healthy diets, and encourage the involvement of all citizens who do not have a privately owned (residential) plot for gardening activities. Community gardens are a public resource, and as such, garden membership and participation must be equally open and accessible to all, in compliance with the Americans with Disabilities Act (ADA). The garden site plan prepared by the Community Group shall consider, but not be limited to, ADA compliance in terms of ingress/egress to, and from, and within the garden site, the need for raised planter beds, access to water supplies, and communication needs. The Community Group shall also identify a person as a point of contact for ADA coordination and compliance. The Community Group shall be responsible for and bear any and all costs to ensure ADA compliance. The City, in its In addition to any obligation under this policy, Community Groups and individual gardeners must abide by all federal laws, state laws, and/or City of Chula Vista Charter requirements, ordinances, resolutions, and/or policies. II. THE PROCESS FOR COMMUNITY GARDEN ESTABLISHMENT The following steps are required to request the establishment a community garden: 1. The Community Group must complete a written proposalCity Community Garden Site Application to establish a community garden. The written proposal must containApplication requires the following information: a. A description of the community group, including a point of contact; b. community garden; c. A proposed survey City Community Garden site to place the community garden. The City may assist the community group in locating a potential Community Garden Site; d. The signatures of 30 households within the proposed survey site obtained after a community consultation process immediately surrounding neighboring households or businesses to the proposed City Community Garden Site, as further specified in the Application. The amount of signatures required under this section may be increased by the City indicating that the COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 3 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: proposed community garden is supported by the community (the amount of signatures required under this section may be reduced by the City, so long as there are sufficient signatures, in the opinion of the City, that reflectto ensure that there is community support for the community garden); and e. Any other information requested by the City. If more than one community group submits an application to establish a garden in the same area, garden approval will be awarded on a first-come, first-served basis to the group whose complete application is received first. The City, in its sole discretion and when possible, will assist the Community Group that did not prevail to locate alternate sites. 2. The application must include a community garden site plan that will include, but not be limited to, the layout and size of the plots, location of water sources and drainage, detailed plans for ADA compliance, and indicate any proposed structures or fences. The City must approve all community garden site plans. The site plan shall be subject to the following limitations: a. No structures or barriers to general public access can be erected, excepting fences as detailed below, raised/ accessible planting beds, shared composting facility as per IV.3.e below, plant supports, and trellises, public art, rain barrels and benches. Structures must be mobile, or will require specification in the user agreement that such structures will be disassembled and removed by the community group managing the site at the termination of the user agreement. b. Fences shall not exceed six (6) feet in height and should be constructed of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the City. c. ADA accessibility should be clearly shown on Garden Site Plan. d. Any other limitations imposed by the City. 3. The proposal Application will Public WorksDevelopment Services Department, which will act as the lead in garden establishment and supervision for the Citydetermining appropriate department review and oversight. 34. The City will endeavor to accept or reject the proposal Application within 30 days of submittal. The City has sole and unfettered discretion as to whether or not to accept or reject the creation of a community garden on city-owned vacant landsCity Community Garden Sites. If the proposal is accepted, the City will prepare a list of potential sites as close as possible to the requested area. The City will develop this list according to a range of criteria, including, but not limited to, long-term plans for the area, absence of toxic contamination, and/or any other criteria established by the City. 4. The City and Community Group will meet to decide on a location for the garden, choosing from the COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 4 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: sites selected in step 3. 5. The Community Group will develop an initial community garden site plan that will include, but not be limited to, the layout and size of the plots, location of water sources and drainage, detailed plans for ADA compliance, and indicate any proposed structures or fences. Thereafter, the City will assist the Community Group to develop a final community garden site plan. The City must approve all community garden site plans. The site plan shall be subject to the following limitations: a. No structures or barriers to general public access can be erected, excepting fences as detailed below, raised/ accessible planting beds, shared composting facility as per IV.3.e below, plant supports, and trellises, public art, rain barrels and benches. Structures must be mobile, or will require specification in the user agreement that such structures will be disassembled and removed by the community group managing the site at the termination of the user agreement. b. Fences shall not exceed 3 feet in height and should be constructed of wood, chain link, or ornamental metal. No fence shall be installed without review and approval by the City. c. ADA accessibility should be clearly shown on Garden Site Plan. d. Any other limitations imposed by the City. 5. After a site is selected and site plans have been completed, the City will conduct adetermine the applicability of CEQA review for the site to ensure that environmental impacts of the gardens are addressed. The Community Group is responsible for any and all costs of CEQA compliance, specifically the City may require reimbursement of its expenditures in this regard. The City, in its discretion, may assist the Community Group to meet its CEQA obligations under this policy. 6. The Community Group must agree to administer and operate the gardens according to a User Agreement, refer to Section IV. Community Garden Site User Agreement , which will extend a limited and revocable license for use of the city-owned vacant land to the community group. III. COMMUNITY GARDEN MAINTENANCE GUIDELINES All community gardens will be developed and maintained at no cost to the City of Chula Vista, have a minimal amount of impact on City of Chula Vista staff time and resources, and will be operated by volunteers from the community. The City, in its sole discretion, may assist the Community Group on a case-by-case basis. group in the preparation of the garden site by the following: COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 5 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: a. Removing grass b. Turning the soil c. Adding compost d. Adjusting irrigation systems. If the City elects not to assist in the above activities, the Community Group is responsible for the completion of such activities. The Community Group will be responsible for all garden activities including, but not limited to: a. Installation and maintenance of all community garden facilities; b. Maintain the March, when weeds are prevalent; c. Compliance with the ADA; d. Paying utility costs such as water or electrical bills, if any; e. Collecting allotment charges from plot users; f. Keeping record of all revenues and expenses incurred by the community garden to be forwarded to City of Chula Vista Finance Department annually on or before April 15th; and g. Any other responsibility required or assigned by the City. IV. COMMUNITY GARDEN SITE USER AGREEMENT If a Community Group is allowed by the City to create a community garden on city-owned vacant landa Community Garden Site, the Community Group and individual gardeners must agree to adhere to a Community Garden Site User Agreement , as provided in substantial form in Attachment 2. The User Agreement is a limited and revocable license and does not create for the Community Group, individual gardener/participant, or any person or entity any form of property right or interest to the city-owned vacant landCommunity Garden Site, including, but not limited to, an easement, ownership interest, tenancy, adverse possession, or lease. Failure to abide by the terms of the User Agreement may result in termination of the User Agreement and community garden use. The City Manager or designee and the City Attorney or designee must approve the User Agreement. The City or the City Attorney, in their sole and unfettered discretion, may require and include any and all terms it deems appropriate in a User Agreement. The User Agreement must include, at a minimum, the following terms: 1. GENERAL TERMS: COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 6 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: a. The term of the agreement will be for a period of no more than five years. However, the City, in its sole discretion, may increase extend or decrease the period of the term. If a change in the term is made, the City will provide written notice at least 30 days before the term ends. The Community Group must agree to continuously use the Community Garden Site for the Community Garden and that the City may enter the site at any time, with or without notice, to ensure compliance with the User Agreement. b. Acknowledgement and agreement that the User Agreement is a limited and revocable license and does not create for the Community Group, individual gardener/participant, or any person or entity any form of property right or interest to the city-owned vacant landCity Community Garden Site, including, but not limited to, an easement, ownership interest, tenancy, adverse possession, or lease. c. The City may require insurance and indemnification from the Community Group. If so, the requirement shall be under terms required by City Risk Ma Office. d. The requirement that all participants sign liability waivers under terms specified by the City e. Terms specifying the right of the City to terminate the User Agreement at any time and for any reason. The City may, when possible, give thirty (30) days written notice of its decision to end the User Agreement. The written notice need not provide a reason for the terminating the User Agreement. It shall simply provide the date by which community garden activities must cease and the garden site must be returned to its preexisting condition. f. Terms stating that the City will not be liable or responsible for damages or claims of any type by or from any person or entity, including and not limited to, damages or claims resulting from participation in the community garden or terminating User Agreement. 2. COMMUNITY GROUP AND PARTICIPANT TERMS: a. The Community Group shall provide that allotments of space must be made from a waiting list on a first come, first serve basis. b. Membership in the recognized Community Group, and the opportunity to be allotted a plot, must be open to any resident of the community. COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 7 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: c. The Community Group may share costs to operate the community garden among its participants. To this end, the Community Group may require participants to pay a portion of the cost to operate the watering, maintenance, and site improvement costs, unless otherwise determined by City of Chula Vista. Allotment Charges charged to gardeners shall not exceed the amount necessary to cover the normal operating costs of the garden. Records of Allotment Charges to gardeners and expenses will be kept and forwarded to the City of Chula Vista Finance Department to ensure correct use of monies at the same time as records of revenues and expenses. Allotment Charges must be approved in advance of invoicing by the City, at a time frame determined by the City. The City may require that the Allotment Charges charged to gardeners be reduced or eliminated. Allotment Charges may not include any salary or similar compensation to any person acting in a position of or similar to a manager for the operation or management of the community garden all persons participating in the community garden shall be volunteers. The community garden shall be a non-profit endeavor. d. In addition to any obligation under this policy, Community Groups and individual gardeners must agree to abide by all federal laws, state laws, and local ordinances, resolutions, or polices. 3. CITY COMMUNITY GARDEN SITE TERMS: a. A description of the pre-existing conditions of the approved garden site, the requirement that at the end of the User Agreement that the garden site be returned to its original condition (to the satisfaction of the City), and the requirement for payment of damages if the site is not returned to its original condition b. Hours of operation will be from 87:00 a.m. until sunset. The City, in its sole discretion, may increase or reduce the hours of operation. c. Language stating that members will only be able to sell the produce of their community garden plots off-site. d. Only organic cultivation is to be allowed on community garden sites. No pesticides or chemical fertilizers are to be used. e. Each garden will be required to have a shared composting area, which will avoid a build up of waste and to enhance soil fertility in future seasons. f. The recognized Community Group and individual gardeners must adhere to maintenance standards COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: EFFECTIVE NUMBER PAGE DATE COMMUNITY GARDENS POLICY 841-01 2/23/10 8 OF 8 ADOPTED BY: Resolution No. 2010-043 DATED: 2/23/10 AMENDED BY: set forth by City of Chula Vista. V. ADDITIONAL ITEMS As progress is made on the creation of community gardens on city-owned vacant lands, the City may explore expanding Community Gardens to other locations. The City Manager, in his or her discretion, may develop and require additional terms and/or conditions not provided for in this policy to ensure the effective implementation of this policy for the City of Chula Vista. ATTACHMENTS 1. City Community Garden Site Application 2. Community Garden Site User Agreement Attachment1 Attachment2 ATTACHMENT 1 - EXHIBIT 2 RESOLUTION NO. 2017-01 RESOLUTION OF THE HEALTHY CHULA VISTA ADVISORY COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT CITY COUNCIL ADOPT AMENDMENTS TO COUNCIL POLICY 841-01 (COMMUNITY GARDENS POLICY), INCLUDING THE CONSIDERATION TO ALLOW COMMUNITY GARDENS ON ALL CITY OWNED LANDS WHEREAS, on January 5, 2016, the Chula Vista City Council adopted the Healthy Chula Vista Action Plan which established actionable strategies that the City can pursue to expand its programs, policies, and services to support the mental, physical, and social wellbeing of its community; and WHEREAS, the Healthy Chula Vista Advisory Commission was seated on April 14, 2016 to provide City Council with recommendations on health related policy under the Healthy Chula Vista Initiative; and WHEREAS, in 2010 the City adopted Council Policy No. 841-01 to allow consideration of vacant city-owned lands for community garden use; and WHEREAS, since that time staff has identified barriers and opportunities for community garden use on city owned vacant land, passive/non-programmed recreational park space, and other City property (e.g. public right of way); and WHEREAS, staff strives to provide a transparent process to remove barriers to community garden opportunities within the community and provide equal access for all. NOW, THEREFORE, BE IT RESOLVED that the Healthy Chula Vista Advisory Commission of the City of Chula Vista, that it does hereby recommend to the City Council the amendments to Council Policy 841-01 (Community Gardens Policy) to expand opportunities for community garden uses on city owned lands. PASSED, APPROVED, and ADOPTED by the Healthy Chula Vista Advisory Commission of the City of Chula Vista, California, this 13th day of December, 2017, by the following vote: AYES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: Resolution No. 2017-01 Page 2 Mary Cruz, Chair ATTEST: Stacey Kurz, Commission Liaison/Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Stacey Kurz, Staff Liaison/Secretary of the Healthy Chula Vista Advisory Commission of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2017-01 was duly passed, approved, and adopted by the Healthy Chula Vista Advisory Commission at its th special meeting held on the 13 day of December 2017. th Executed this 13 day of December 2017. Stacey Kurz, Commission Liaison/Secretary Attachment 2 Item No. 2 Staff: Stacey Kurz Healthy Chula Vista Coordinator DATE: November 30, 2017 SUBJECT: RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL TO ADOPT AMENDMENTS TO CHAPTER 8.22 (REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT) OF THE CHULA VISTA MUNICIPAL CODE TO EXPAND SMOKING PROHIBITIONS I. RECOMMENDATION That the Healthy Chula Vista Advisory Commission recommend APPROVAL of the amendments to Chapter 8.22 to expand smoking prohibitions to all city owned property and affordable housing projects. II. BACKGROUND Cities play a critical role in supporting the health and well-being of their communities. There are various implementation of policies and programs that support the goal of creating a Healthy Community. In keeping with the Healthy Community goal of the Strategic Plan, 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 key community partnerships to promote wellness within our community. A key component of the plan included measures to prevent chronic diseases within our community. III. PROGRAM DESCRIPTION Since 1964 the United States surgeon general has recognized tobacco usage as a public health concern. Many federal, state and local laws have been established over the past fifty years to attempt to limit contact with second hand smoke from tobacco products and 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: Council Policy No. 840-01 (Ord. Prohibits smoking in confined areas used by or open to the public (e.g. city 1642 § 1, 1975) operated buildings, public meeting areas, theatres, etc.). Council Policy No. 840-02 Excludes apparatus floor in all fire stations from enclosed smoking (Reso. 13801, 1988) prohibition in Council Policy 840-01. CVMC 8.22 (Ord. 3409 § 1, Prohibits and/or regulates smoking in public places, in or within 50 feet of Smoking Ordinance Amendments November 30, 2017 Page 2 2017; Ord. 3058 § 1, 2007; Ord. any restaurant entrance, places of employment and within city parks. 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) 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. Environmental Tobacco Smoke Prohibits smoking within 25 feet of all building entrances and operable Control Directive (2017) windows of Buildings A, B and C on City Hall campus. Tobacco use is one of the leading preventable causes of death in the U.S. (more than 480,000 deaths per year) and one of the 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 cities workforce currently smoke and under all City insurance plans smoking cessation programs are offered at no cost. A strategy was identified in the adopted Healthy Chula Vista Action Plan under the focus area of Health Care & Prevention to further prohibit smoking. 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 cit commitment to being a leader in health policy and provides a streamlined message to all employees. Proposed amendments to CVMC 8.22 include adding e-ing smoking on any portion of City owned property (inclusive of all parks, libraries, City buildings and associated parking lots), and restricting smoking to designated areas in affordable housing projects to align with U.S. Department of Housing and Urban Development guidelines. 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. Exhibits 1. Proposed Amendments to CVMC 8.22 2. Resolution Attachment2-Exhibit1 Chula Vista Municipal Code Page 1/3 Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES, AFFORDABLE HOUSING PROJECTS AND PLACES OF EMPLOYMENT Sections: 8.22.010 Purpose. 8.22.020 Definitions. 8.22.030 Prohibitions. 8.22.040 Designation of smoking areas. 8.22.050 Posting of signs. 8.22.060 Governmental agency cooperation. 8.22.070 Exceptions. 8.22.080 Enforcement and appeal. 8.22.090 Violations and penalties. 8.22.100 Education for no-smoking program. 8.22.110 Severability. 8.22.010 Purpose. Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a cause of material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant, in public places, Affordable Housing Projects and places of employment, except in designated smoking areas. (Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.020 Definitions. as defined in this chapter means and includes the carrying of a lighted pipe, or lighted cigar, or lighted cigarette or e-cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theaters, waiting rooms, reception areas, educational facilities, health facilities and public transportation es normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, 1984; Ord. 1642 § 1, 1975). as defined by this chapter means a housing complex which is subject to income and rent restrictions recorded against the property to the benefit of the City of Chula Vista and/or the Chula Vista Housing Authority. 8.22.030 Prohibitions. A. No person shall smoke in a public place or place of employment, except in designated smoking areas. B. No person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. C. No person shall smoke within 50 feet of any entrance to any restaurant or establishment where people eat. D. No person shall smoke on any portion of City owned property inclusive of all parks, libraries and, City buildings and associated parking lots. in any portion of any City park. (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, 1984). E. No person shall smoke within an Affordable Housing Project except in designated smoking areas as defined in Section 8.22.040.B. The Chula Vista Municipal Code is current through Ordinance 3411, passed September 26, 2017. Chula Vista Municipal Code Page 2/3 Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT 8.22.040 Designation of smoking areas. A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by the Fire Marshal or by other law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the workplace shall be deemed to be in compliance with this section; provided, that a policy, which designates an entire workplace as a smoking area, shall not be deemed a good faith policy. No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a smoking area in its entirety. B. Outdoor smoking areas may be designated within an Affordable Housing Project as long as they are not within 25 feet of any window, door, or common area amenities. CB. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984). 8.22.050 Posting of signs. Signs which designate smoking or no-smoking areas established by this chapter shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place so covered by this chapter. No-smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, so that they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. The manner of such posting, including the wording, size, color, design, and place of posting, whether on the walls, doors, tables, counters, stands or elsewhere, shall be at the discretion of the owner, operator, manager, or other person having control of such room, building or other place, so long as clarity, sufficiency, and conspicuousness are apparent in communicating the intent of this chapter. (Ord. 2086 § 1, 1984). 8.22.060 Governmental agency cooperation. The City Manager shall annually request that governmental and educational agencies who conduct their specific business within the City of Chula Vista establish local operating procedures to cooperate and comply with this chapter. In federal, State, county and special school districts within the City of Chula Vista, the City Manager shall urge enforcement of their existing no-smoking prohibitions and request cooperation with this chapter. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.070 Exceptions. A. No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, psychiatric facilities, jails, stores that deal exclusively in tobacco products and accessories, and smoking lounges as that term is defined in Government Code Section 7596. B. Any owner or manager of a business or other establishment subject to this chapter may apply to the City Council for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.080 Enforcement and appeal. A. The City Manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the city of Chula Vista are involved. The City Manager shall provide business license applicants with copies of this chapter. l be The Chula Vista Municipal Code is current through Ordinance 3411, passed September 26, 2017. Chula Vista Municipal Code Page 3/3 Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT required to orally inform persons violating this chapter of the provisions of the chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee becomes aware of the violation. C. It shall be the responsibility of employers to disseminate information covering the provisions of this chapter to employees. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.090 Violations and penalties. person who violates the provisions of this chapter, when such duty to inform arises, as set forth in CVMC 8.22.080(B), is guilty of an infraction. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). 8.22.100 Education for no-smoking program. The City Manager shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. The City shall leave the responsibility of conducting a public education campaign, regarding the health-degrading aspects of smoking, to other governmental and health agencies equipped with the needed expertise to conduct such campaign. (Ord. 3058 § 1, 2007; Ord. 1642 § 1, 1975). 8.22.110 Severability. If any provision, clause, sentence or paragraph of this chapter, or the application of this chapter to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 3058 § 1, 2007; Ord. 2086 § 1, 1984; Ord. 1642 § 1, 1975). The Chula Vista Municipal Code is current through Ordinance 3411, passed September 26, 2017. ATTACHMENT 2 - EXHIBIT 2 RESOLUTION NO. 2017-02 RESOLUTION OF THE HEALTHY CHULA VISTA ADVISORY COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT CITY COUNCIL ADOPT AMENDMENTS TO CHAPTER 8.22 (REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT) OF THE CHULA VISTA MUNICIPAL CODE TO EXPAND SMOKING PROHIBITIONS WHEREAS, on January 5, 2016, the Chula Vista City Council adopted the Healthy Chula Vista Action Plan which established actionable strategies that the City can pursue to expand its programs, policies, and services to support the mental, physical, and social wellbeing of its community; and WHEREAS, the Healthy Chula Vista Advisory Commission was seated on April 14, 2016 to provide City Council with recommendations on health related policy under the Healthy Chula Vista Initiative; and WHEREAS, the Healthy Chula Vista Action Plan adopted January 5, 2016 included strategies to prohibit smoking on city facilities and in affordable housing projects; and WHEREAS, smoking and exposure to cigarette smoke are associated with health risks such as the onset of diseases including various cancers as well as cardiovascular and respiratory diseases; and WHEREAS, e-cigarettes have been found to contain a number of toxins, carcinogens and components suspected of being harmful to humans; and WHEREAS, the City has previously adopted policies to prohibit and/or regulate smoking including Council Policies Nos. 840-01 and 840- obacco Smoke Control Directive adopted in 2017; and WHEREAS, in order to streamline and advance policy related to smoking exposure in the city, amendments have been proposed to CVMC 8.22. NOW, THEREFORE, BE IT RESOLVED that the Healthy Chula Vista Advisory Commission of the City of Chula Vista, that it does hereby recommend to the City Council the amendments to CVMC 8.22 to expand smoking prohibitions to all city owned facilities and affordable housing projects. PASSED, APPROVED, and ADOPTED by the Healthy Chula Vista Advisory Commission of the City of Chula Vista, California, this 13th day of December 2017, by the following vote: AYES: Commissioners: Resolution No. 2017-02 Page 2 NAYS: Commissioners: ABSENT: Commissioners: Mary Cruz, Chair ATTEST: Stacey Kurz, Commission Liaison/Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Stacey Kurz, Staff Liaison/Secretary of the Healthy Chula Vista Advisory Commission of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2017-01 was duly passed, approved, and adopted by the Healthy Chula Vista Advisory Commission at its th special meeting held on the 13 day of December 2017. th Executed this 13 day of December 2017. Stacey Kurz, Commission Liaison/Secretary